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HomeMy WebLinkAboutPL PACKET 04191988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooazo Box: 15 Folder: PL PACKETS 1988 Document: PL PACKET 04191988 • C== O F S T . ANTHONY P L ANN=N G C OMM= S S=ON AGENDA AP R= L 1 9 3- 988 7 3 0 P . M . 1. Call to Order. 2. Roll Call. 3 . Minutes. a. Planning Commission - March 15 , 1988. 4 . Designate Commission Representative to the council Meet- ing on April 26 , 1988 . 5. Miscellaneous. • a. Discussion of the definition of "shopping center" . 6 . Public Hearings. a. 7: 45 P.M. - Michael Bonaventura, for 3800 Silver Lake Road (formerly NAPA Auto Parts) ; condi- tional use request. b. 8: 00 P.M. - Eberhardt Company, for St. Anthony Shopping Center, sign variance request. C. 8: 15 P.M. ' - Evergreen Development Corporation, rezon- ing request for proposed Silver Oaks Townhomes (Silver Lane and Oakwood) . 6. Unfinished Business. a. Cahill request withdrawn. 7. Miscellaneous (continued from above) . 8. Adjournment. • .l • C=TY O F S T . ANTHONY P L ANN=N G C OMM= S S 2 ON M=NUT E S MARL H 1 5 1 9 8 8 1 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led 2 by Chair Pro Tem Hansen. 3 Present for roll call: London, Brownell, Hansen, Werenicz. 4 Absent: Wagner, Franzese, Madden. 5 Also present: David Childs, City Manager. 6 FEBRUARY 16, 1988 PLANNING COMMISSION MINUTES. 7 Motion by Brownell, seconded by Werenicz to approve with the following 8 changes: 9 Page 13 , line 25: Correct typo "or" between "side" and "whether" . •10 Page 17, line 15 : Correct typo "her" between "with" and "was" . 11 Motion carried unanimously. 12 HANSEN TO REPRESENT COMMISSION AT MARCH 29TH COUNCIL MEETING 13 Commissioner Brownell indicated he would like to also be present when 14 the Chair Pro Tem made his report at the meeting which had been 15 rescheduled from March 22nd when the Councilmembers would be in 16 Washington, D.C. 17 PUBLIC HEARINGS 18 Kenzie Terrace Signal and Sidewalk Signal and Sidewalk Projects As 19 Well As Senior Programs Given Go-Ahead for CDBG Funding 2.0 At 7 : 35 P.M. , Chair Pro Tem Hansen opened the hearing on St. Anthony' s 21 proposed use of its Year XIV Urban Hennepin County Community 22. Development Block Grant planning allocation of $25 , 222 by reading the 23 notice of the hearing which had. been published in the February 24th 24 Bulletin. No one present objected to its content or suggested 25 projects for funding other than the Hennepin County activities 26 proposed by staff. The Manager told the Ramsey County residents 27 present to discuss the TCF application, that county handles its CDBG 28 allocations in a different manner and suggested they drop in to see • 29 him at City Hall to discuss activities carried out in the northern 30 sections of the City. S. 1 Mr. Childs indicated the $15 ,000 allocated towards the pedestrian 2 signal project would complete that program. The brochure Mr. Childs • 3 had distributed outlined the senior social programs for which the City 4 had historically allocated 150 of each year ' s CDBG funds as well as 5 the budget for Community Services who run these programs. 6 Staff had recommended the Commission either allocate the remaining 7 $6 , 442 towards the construction of a concrete sidewalk on Kenzie 8 Terrace which could be tied in with the senior developments in that 9 area and would make getting to the bank and church much easier and 10 safer for those residents or to set those funds aside until $10 ,000 11 can be raised to pay the costs of recodifying the 1973 Code of 12 Ordinances, as proposed during the planning and goal setting retreat 13 the previous weekend. 14 The Commissioners were generally agreed that it would be better to use 15 the funds this year to finish off the Kenzie project rather than to 16 hold the funds over for a project which couldn' t even be started until 17 next fall. However, they also concurred that serious consideration 18 should be given to using next year' s allocation to bring the City 19 codes into compliance with revisions in state standards and to 20 eliminate some of the redundancies and conflicts related to election 21 laws, licensing, etc. which have occurred in the City ordinances over 22 the past 15 years. 23 The hearing was closed at 7: 40 P.M. 24 Commission Recommendation 25 Motion by Brownell , seconded by London to recommend the Council 26 allocate St. Anthony' s $25 , 222 Year XIV Community Development Block 27 Grant funds for the following planning activities: 28 Kenzie Terrace Pedestrian Signal Project $15, 000 29 Kenzie Terrace Sidewalk Project $ 6 , 442 30 Senior Citizens Social Programs $ 3 ,780 31 Motion carried unanimously. 32 UNFINISHED BUSINESS 33 TCF Plan Accepted Despite Neighbor Objections to Bypass Lane 34 The February 16th public hearing on TCF' s plans to expand its existing 35 two lane drive up facility to four banking lanes plus a 12 foot wide 36 bypass and emergency vehicle lane had been tabled for a traffic flow 37 study to demonstrate the new facilities would improve existing parking 38 and traffic congestion conditions both on site and on the side 39 streets. The Commissioners had also suggested the study include 40 consideration of exit and access improvements as well as one way 41 traffic patterns, if that would help. The bank' s proposals were 42 removed from the table and discussions reopened as to whether the 2 • 1 March 7th Benshoof & Associates traffic engineering study as well as • 2 the revised site plans based on those recommendations met the 3 Commission intent. 4 Robert J. Galush, Assistant vice President and Facilities Manager for 5 Twin City Banking and Savings had the following to say about the study 6 and the revisions the bank was proposing in their plans because of it: 7 *perceived it supported out TCF' s original contention that a by 8 pass lane was essential to providing a better traffic flow on 9 the site and for keeping customer vehicles off the adjoining 10 streets during busy banking periods; 11 *said the bank would be increasing the existing 29 parking spaces 12 to 40 and three additional spaces would be provided on the east 13 side of the building for short term, probably no more than 5 14 minute ATM banking; 15 *drive-up stacking capacity would be increased by five vehicles 16 for each of -the two additional lanes and the bypass lane would 17 provide site circulation for drive-up customers when those lanes 18 were full; 19 *the proposed canopy would extend only over three of these lanes- 20 with a fourth lane and bypass emergency lane to accommodate vans 21 and emergency vehicles which would not fit under the canopies ; 022 *the canopy would extend no farther than 31 feet from the 23 property line; 24 *proposed buffering the additional lanes from the view of the 25 neighbors to the north by berming the grass area along 39th 26 Avenue about two feet higher which would require carefully dig- 27 ging up the slow growing sugar maple trees in that location and 28 replanting them on top of the berm; 29 *indicated the bank intended to saturate the area between the 30 trees with shrubbery, and if the City allows them to do so, 31 would plant more shrubbery on the City' s right-of-way up to the 32 street; 33 *the stop sign suggested by one of the neighbors during the 34 February 16th hearing would be installed at the end of the 35 bank' s driveway exiting on 39th Avenue N.E. 36 Five residents of the area were present to ask questions and indicate 37 concerns about the proposed expansion. 38 Ruth Thompson, 3015-39th Avenue N.E. , indicated she lived diagonally 39 across 39th Avenue from the bank and said she thought it would be much 40 nicer to have the expansion done on the south side of the bank • 41 building where she knew TCF owned at least 200 feet rather than adding 3 1 three lanes on the north which would take the "commercial use almost • 2 up to the street. " Mrs. Thompson said she was "strongly opposed to 3 having the fifth bypass lane added, perceiving no necessity for it if 4 TCF had enough tellers to man the drive-up machines and keep the 5 traffic moving. She said she expected there would be a "real traffic 6 pile up" if all the vehicles leaving the five lanes merged into one 7 land exiting on Silver Lake Road. 8 Mrs. Thompson indicated further that: 9 *regardless of how much berming is done, she would expect to be 10 still able to see all that cement and would know it was there; 11 *she liked the trees just where they were and couldn' t see why 12 the neighbors should have to look at all that cement all the 13 time for just a few hours when the site might be congested each 14 week; 15 *personal observation had caused her to question whether not 16 having enough tellers inside the bank now hadn' t created some 17 of the existing congestion outside and providing better service 18 inside might not remove the necessity for having a bypass lane 19 at all; 20 *she anticipated a real conflict in traffic would result from 21 adding two more banking lanes and another lane for customers 22 to make another pass around the bank if they can' t make into 23 the teller lanes the first time. 24 George Thompson, same address, supported his wife ' s perception that a 25 bypass lane was unnecessary and that the expansion should be: made on 26 the south rather than the north side of the building because there 27 would be "too much stacking on the north side" where the bank property 28 now complements the residential neighborhood. He said the little bit 29 of traffic which is generated on the adjoining streets a few hours a 30 week didn' t bother him at all and he would even be glad to have those 31 drivers turn around in his driveway if that meant not having to move 32 the trees closer to the street and ruining the whole appearance of the 33 north side of the building near his home. Mr Thompson concluded by 34 observing that "people who make traffic studies don' t have to live 35 here and see what we do. " 36 Duane Stanley, 3012-39th Avenue N.E. , indicated - his was the home 37 immediately east and the only residence bordering the bank property. 38 He told the Commissioners TCF had been good neighbors ever since they 39 first moved in -and he was therefore not certain whether he was 40 protesting or supporting the proposal. However, Mr. Stanley said his 41 preference would have been to have TCF build on property they owned 42 and were trying to sell on the south side. He recalled that the 43 original design and planning had been to leave that portion for 44 expansion purposes rather than going farther north. Mr. Stanley 45 agreed that the existing traffic flow on the site was rather awkward • 4 • 1 now because most drivers are past any available parking space by the 2 time they realize the drive-up lanes are filled up but said he wasn' t 3 certain the bypass lane would be a real gain towards redirecting the 4 traffic to the parking areas. The resident told the Commissioners 5 people who can' t find parking spaces during the busiest time come back 6 out into the street to park way up past his house and on Penrod Lane 7 and he hadn' t been convinced the bypass would correct that situation. 8 He conceded however that providing extra parking spaces might help 9 some by providing extra parking spaces for employees which in turn 10 would leave more space for customer parking. 11 Mr. Stanley concluded by saying he perceived that while the new 12 proposal might help to clean up some of the existing traffic and 13 parking problems , going south would be much better. 14 Ruth Nelson, 3916 Macalaster Drive N.E. , said she would also prefer to 15 see the expansion made to the south, perceiving that the bank wouldn' t 16 have much of its own property left on the south side with this 17 proposal. She thought it was important to keep the required setbacks 18 in residential neighborhoods and echoed her neighbor ' s preference for 19 grass and trees to look at rather than concrete. 20 Kenneth Lee, said in addition to his home at 3904 Penrod Lane, he 21 also owned the vacant lot across the street where somebody would 22 probably be living one of these days, and he believed it would 23 probably be better for both properties to have the bank expand to the �24 south. However, he said, he knew from having seen the bond papers 25 for the St. Anthony schools , how important Apache Plaza on the land he 26 once owned, had been to the community. He was, therefore, quite 27 conscious of just how important it was to have flourishing businesses 28 like TCF in St. Anthony and not to have the City take actions which 29 would prevent them from operating successfully. Mr. Lee said he 30 enjoyed looking out the window every morning to find out from TCF;s 31 sign what the weather was, but said he expected some day there would 32 probably have to be a privacy fence erected between the residential to 33 the east and the bank property. 34 Mr. Galush responded to the resident statements by saying: 35 *TCF is sensitive to the concerns and neighbors and certainly 36 wouldn't want to create any ill feelings with them; 37 *the bank had been as objective as it could be in planning for 38 the expansion which the addition of checking and customer 39 preference for drive-up services necessitated; 40 *at the time of the tornado, the bank had realized they had made 41 a mistake by not including a bypass for emergency vehicles in 42 their original construction because the power trucks could not 43 get close enough to the building to service the wires which were 44 exposed as the storm tore off the roof of the building; • 5 1 *with all the security already built into the north side of the O 2 building, there would be no point in putting the extra drive-up 3 lanes on the south side; 4 *the bank couldn' t do that anyway without rezoning to commercial 5 because the property on that side is still zoned residential; 6 *the contractor had found that soil to be unstable when he att- 7 empted to place the building a few feet farther south; 8 *the addition of checking and customer preference for drive-up 9 services forced TCF to see the necessity for updating its 10 services to meet those demands; 11 *with the installation of the new state of art equipment, includ- 12 ing paper and coin dispensing machines, typical teller trans- 13 action would take about 40 seconds which would enable one teller 14 to serve two and two tellers to serve four lanes at a time; 15 *although all traffic would be funneled into one lane, there 16 would never be more than two cars in that lane at a time; 17 *the traffic study had been made independently without bank input 18 by a very reputable firm of transportation and land use consult- 19 ants with the original being sent directly to the City and only 20 a copy going to TCF; 21 *that report had indicated the necessity for a bypass lane to O 22 provide on site circulation for drive up customers when the 23 drive up lanes are filled up and to prevent them from gong back 24 out onto the street; 25 *the stop sign would be installed as shown on the new site plans 26 and the existing monument sign in front of the building would be 27 left in the same location. 28 Mr. Childs pointed out that the St. Anthony National Bank had six or 29 seven drive-up lanes which all funnel into one lane with 90% of the 30 traffic using the lane to go south rather than exiting onto Stinson. 31 Chair Pro Tem Hansen indicated he knew some of the residents had 32 already viewed the traffic study supporting the bypass and pointed out 33 that -the First State Bank on Stinson had the same traffic flow system. 34 When no further resident input was provided, the Chair Pro Tem closed 35 the hearing at 8: 25 P.M. for Commission discussion and development of 36 recommendations to the Council. 37 Werenicz: said he was. quite pleased with TCF' s explanation of their 38 proposal, perceiving they were correct in contending the way 39 6 0 • 1 the bank building is constructed made it almost impossible 2 for them to expand to the south; 3 perceived TCF and the traffic study did an excellent job of 4 addressing all the major issues raised by the neighbors at 5 the February 16th hearing; 6 7 indicated he liked the plan overall, especially the 'pro- 8 visions for more parking spaces, including the three short 9 term parking spots which he personally believed would go far 10 towards correcting most of the traffic flow problems experi- 11 enced on the site now; 12 agreed the tornado emergency would, hopefully, be a tone 13 time event, but wondered with the elderly clientele , of that 14 particular bank, if the necessity for ambulances which are 15 hard to maneuver in cramped spaces had been overlooked as 16 one of the reasons for having to have a bypass lane; 17 said he would expect that with the berming, more landscaping 18 and the bank official' s promise to save the sugar maples on 19 the north side of the building, the expansion would not 20 become unsightly for the neighbors. 21 Brownell: indicated he had at first thought may be the fourth lane 22 could be widened out to serve as a bypass lane, which would 023 have cut down some of the space needed for the proposed ex- 24 pansion, but after driving through the site a couple of 25 times, had come to believe that to have an identified by- 26 pass would solve more problems that it would create; 27 said he had found out that customers coming into the fac- 28 ility northbound from Silver Lake Road and driving around 29 the corner of the building would find it very difficult to 30 tell until they' re right up- to them which lanes are open and 31 which are already occupied.;.. 32 perceived the bypass lane would then give those customers 33 the option of going around the building again and parking 34 rather than using the drive-up facilities; 35 agreed the new plans should eliminate the on-street parking 36 the neighbors objected to since there would now be enough 37 spaces to handle on site parking; 38 stated that with proper landscaping to better cut off the 39 neighbors ' view, the new plan was one he liked and thought 40 would work. 41 London: generally agreed with what the other Commissioners had said 42 about this being the most workable plan anyone could come up •43 with for the existing facility where the drive up lanes on 7 1 the north are major structural parts of the building which • 2 can' t be changed; 3 said he had personally observed customers driving around the 4 facility three times looking for a parking space; 5 concurred the bypass lane was very critical to the success 6 of the whole plan basing that perception on what he had seen 7 at similar bank operations where without such a lane the 8 vehicles had all gotten stacked up defeating their entire 9 traffic flow system; 10 indicated he was sympathetic with the neighbors ' concerns 11 but expected that in the long run, the plan proposed that 12 evening would be an improvement rather than a detriment for 13 them. 14 Hansen: concurred that the traffic study recommendations would pro- 15 vide a great improvement over what is happening on the site -- ---16 ----- --today;-- - --- -- - _ --- 17 said he thought having the study done spoke well for TCF' s 18 intent to make improvements at their facility; 19 also expected a marked improvement in the traffic flow 20 around the building if the consultant ' s recommendations are 21 followed; 22 disputed the impression that there would be a constant flow 23 of traffic around the bypass lane, perceiving instead that 24 it would probably only be the 6% of drivers who had found it 25 necessary to go out on 39th Avenue who would need to use 26 that lane; 27 emphasized that he shared the concerns of the neighbors 28 that TCF do everything they could to handle the berming and 29 landscaping on the south side in such a manner as to keep 30 the trees in their present location and to retain the 31 existing residential appearance for their property; 32 told Mr. Thompson the Commission had to accept the con- 33 sultant firm' s conclusion that the new plan would alleviate 34 the -problems experienced by .both the drivers coming into . 35 the site from 39th Avenue or entering from Silver Lake Road 36 on the south; 37 concluded by reminding the neighbors that the Planning Com- 38 mission is only an advisory body to the Council and they 39 were free to repeat their concerns to the Council who would 40 be making the final decision on the proposal, March 29th. 41 • 8 . • 1 Commission Recommendations 2 Motion by Werenicz , seconded by Brownell to recommend the Council 3 grant a conditional use permit to Twin City Banking and Savings to 4 allow the proposed expansion of their -existing drive-up facilities on 5 the north side of the property at 3899 Silver Lake Road from two to 6 four lanes with the addition of the proposed bypass lane subject to: 7 1 . TCF following through with all the landscaping shown on the 8 revised site plans presented at the Commission' s March 15, 1988 9 meeting by: 10 a. making every effort to save the existing maple trees on the 11 north side; 12 ' b. berming that area up by at least two feet ; and 13 C. providing whatever additional landscaping is needed to 14 buffer the new facilities from the neighboring residential 15 areas north of TCF' s property. 16 2 . A stop sign being installed at the end of TCF' s driveway exiting 17 on 39th Avenue. In recommending the conditional use be granted, 18 the Planning Commission finds that: 19 a. TCF has responded in the affirmative to all three questions 20 related to conditions which must be satisfied before a con- 21 ditional use may be authorized; and •22 b. Bank officials had addressed all major issues raised by the 23 neighbors at the February 16th public hearing on their 24 request and the traffic study the Commission had requested 25 at that hearing appears to have produced a plan which should 26 work well for this site. 27 Motion carried unanimously. 28 Motion by Werenicz, seconded by Brownell, to recommend the council 29 grant the necessary variance to allow extension of the existing 30 canopy on the north side of the TCF property at 3899 Silver Lake Road 31 to within 31 feet of the north property line where the City ordinance 32 requires a setback of 35 feet finding that: 33 1 . TCF has responded in the affirmative to all three questions re- 34 lated to the conditions required by statutes to be satisfied 35 affirmatively before such a variance can be granted. 36 2. The traffic study of the site satisfactorily addressed all the 37 major issues raised by the neighbors at the February 15 , 1988 38 public hearing and the Planning Commission' s further discussions 39 of the revised plans March 15 , 1988 . 40 Motion carried unanimously. • 9 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 S 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 45 Commissioners that: • 10 • 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; 023 *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 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 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 37 by the American Massage Therapy Association which had been pro- 38 vided by the applicant. 39 Motion carried unanimously. 40 Cahill Garage Request Tabled so Neighbors Can Try to Work Out Their 41 Differences 12 • 1 At 9: 15 P.M. Chair Pro Tem Hansen opened the public hearing to 2 consider a request from Kevin M. Cahill, 2524 Murray Avenue N.E. , for 3 a variance from the Zoning Ordinance setback requirements to allow 4 replacement of the existing legal non-conforming 20 foot X 22 foot 5 garage with a new 34 foot X 24 foot garage to be located with no 6 setbacks from the west property line where the ordinance requires a 3 7 foot setback from the eaves. 8 No one present reported failure to receive the notice of the hearing 9 which had been published in the March 2nd Bulletin and sent to all 10 property owners of record within 200 feet of the subject property or 11 objected to its content. 12 In his March 9th memorandum to the Planning Commission, the City 13 Manager had advised them that the new structure would have adequate 14 setback on the alley side but would need a 3 foot variance on the west 15 side where there would be zero setback to the eaves. Mr. Childs had 16 also advised that since an entirely new structure was being proposed, 17 the garage' s 'non-conforming (grandfather) rights would be lost. He 18 had also commented that apparently years ago most of the garages in 19 this area were built with similar setbacks which are now grandfathered 20 in. 21 A copy of a drawing of the proposed garage and Mr. Cahill' s February 22 19th letter explaining what he wanted to do had been included in the 23 Commission' s agenda packet and Mr. Childs told the Commissioners a W24 drive through that particular alley would show that all the lots are 25 quite small and many of the garages don' t comply with the current 26 zoning code because there is little or no distance at all between 27 individual garage structures . However, in this case, Mr. Cahill' s 28 neighbors ' garages are all appropriately located on opposite sides of 29 the property, requiring no setback between structures. 30 The Manager reported staff had received no calls either for or against 31 the proposal per se but had provided further information to one of 32 Mr. Cahill' s neighbors, John Dorr. 33 As he had stated in his letter, Mr. Cahill told the Commissioners 34 his present garage sits lower than the lot itself and constantly has 35 water in it, which rusts out the cars and the building foundation all 36 the way around. The new garage would be elevated on a six inch 37 block, high enough so seepage won' t be a problem. Mr. Cahill said he 38 had let his car sit outside most of the time except during periods of 39 bad weather. 40 John D. and Helen Dorr , 2520 Murray N.E. , and their son, John J. Dorr, 41 875 Able Road, Shoreview, MN spoke in opposition to the variance. 42 John D. : perceived the variance might be a detriment to his property 43 and to his ability to sell; •44 13 1 said he could see no reason for requiring setbacks if they • 2 were only to be ignored; 3 expected other requests for similar variances would follow. 4 Mrs. stated that the Cahills were "wonderful people and neigh- 5 Dorr: bors" ; 6 reported they had a double garage on the southwest corner of 7 their property and their neighbor to the west had built 8 their garage right next to theirs; 9 indicated the people who previously lived in Cahill' s 10 house had planned to build a garage on the east side of 11 their property but instead built the existing double 12 garage on her side of the property and "now Mr. Cahill plans 13 to build a triple garage".; 14 suggested the appearance of the whole neighborhood would 15 benefit if Mr. Cahill would build his garage on the other 16 side of this property next to his neighbor ' s garage to the 17 east; 18 contended Mr. Cahill would get a better view of the neigh- 19 borhood and his property would be better balanced if he 20 did that; • 21 said Mr. Cahill would also have better access to his garage 22 by having it built on the other side. 23 John J. : said he considered the proposed garage size would be in- 24 appropriate' to that neighborhood and hadn't seen other 25 garages like it anywhere else in the City; 26 pointed out that at 60 X133 feet and less than 8 ,000 square 27 feet most of the lots in his parents ' neighborhood are 28 legal but substandard according to the City ordinance re- 29 quirement for 75 foot wide lots of at least 9 ,000 square 30 feet; 31 perceived that before the variance request was considered, 32 the City had to consider its effect on the neighbors ' view 33 and appropriateness -of the location; 34 stated he perceived there was clearly no hardship which was 35 not a part of the property itself because the hardship in 36 this case results from Mr. Cahill increasing the size of his 37 garage which, if it weren' t constructed so large, could meet 38 the City' s setback requirements; 39 insisted the exact property line should be determined before 40 any new structure is erected. 14 1 Mr. Cahill then withdrew his variance request saying when he had • 2 talked to the neighbors he had been unaware there was such strong 3 opposition to his proposal and didn' t want to proceed until there was 4 a mutual understanding which would prevent his good relations with the 5 Dorrs from being ruined. 6 Commission Recommendation 7 Motion by Brownell, seconded by London to table action on the Cahill 8 request for a setback variance until the next regularly scheduled 9 Planning Commission meeting to give the neighbors an opportunity of 10 working out their differences. 11 Motion carried unanimously. 12 Commission to Study Ordinance Changes to Bring_ Planning Fees in Line_ 13 with Those Charged by Other Communities 14 Copies of .the Coon Rapids analysis of these fees had been provided in 15 the agenda packet and following a brief overview by the City Manager, 16 it was decided to lay the issue over until another agenda. 17 Commission Recommends Moratorium on Pylon Shopping Center Signs 18 It had been suggested during the Council' s February 24th consideration 19 of signage for Apache Squares that the Commission spend some time �20 researching the above. The general concurrence was that no further 21 signage of this type be considered until the research is completed. 22 Commission Recommendation 23 Motion by Brownell, seconded by Werenicz to recommend the Council 24 declare a moratorium on new applications for pylon shopping center 25 signage until such time as the Planning Commission can provide for 26 Council consideration a recommendation related to definition of 27 "shopping center as it is used in the City Zoning Ordinance. The 28 Planning Commission expects to take at least 60 days to come in with a 29 definition which could mean not until after the Commission' s May 30 meeting. 31 Motion carried unanimously. 32 ADJOURNMENT 33 Motion by Brownell, seconded by Werenicz to adjourn the meeting at 34 9: 50 P.M. 35 Motion carried unanimously. 36 Respectfully submitted, •37 Helen Crowe, Secretary 15 Section 130:00 Section 430 - Sign Pegulations • 5ection LjO:00. Purpose. The purpose of this section is to provide for necessary visual communications, to preserve and protect the common welfare and promote a pleasant environment, to protect public and private property, and to encourage safety upon streets and highwayep by regulating the type, mm►ber, structure, size, la:ation, height, lighting, and the erecting and maintenance of all signs and sign structures within the corporate limits of this murizipality. 9 , Section 430:05. Scope. The provisions of this ordinance shall apply to all signs in the Village except those which are completely within a building and not reasonably intended to be viewed from the exterior of the building except as otherwise provided in this ordinance, and those erected by the Village and by any other governmental organisation pursuant to authority granted by the Village or to authority of state or federal law. "'he provisions of this ordinance shall describe signs which are prohibited in all cases, signs which may be erected without obtaining a permit, and signs which may be erected only after obtaining a permit. The ordinance also contains certain requirements for all signs erected, administrative provisions, provisions concerning the obtaining of permits, procedures with respect to obtaining variances from -the ordinance, and penal provisions. Section 430:10. Definitions. • Subd. 1. Unless the content clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in Section 430:00 et seq. sh-11 have the meanings set forth in the subdivisions of this section which follow. Subd. 29 "Sign" means any visual message or communication, with or without words, displayed to the public, or any other device used, or intended to be used, to attract public attention for the purpose of a visual message or communication. Subd. 3. "Sign Structure" means the supports, uprights, bracing, and framework for a sign including the sign surface itself. If a sign structure has two or more sides, each side shall be considered a separate sign structure. Subd. 4. "Sign Surface Area" means the surface area available on any sign structure for a visual message or communication measured in square feet. If the sign structure is a wall, the sign surface area shall be that of the smallest rectangle or square which would enclose the sign message components. If any sign is designed or constructed so as to consist only of the letters or images of the sign message and is not enclosed by an identifiable rectangular or square surface area, the sign surface area shall be that of the smallest rectangle or square which would enclose the sign message components. The sign surface area of a sign structure having more than one surface shall be the total surface • area of all such surfaces. r. L Section 430:15 Subd. 5. "Shopping renter" means any continuous group or groups of three • or more retail stores or service establiabnents Within a clo.,e proximity to each other, comprising 109000 or mope square feet of floor area and which provide off-street parking utilized in co=wn by patrons whether such use be a result of design by owners, operators, or builders, or as a result of common practice by the patrons. Subd. 6. "Frontage" means a building side, except the rear side, which is on property adjacent to a street, right-of-gray, or thoroughfare. Subd. 7. "Multiple-dwelling �onplex" means one or more multiple dwelling buildings located on one platted lot. Section 430:15. Prohibited Signs. Subd. 1. Except as specifically authorized in Section 130:20 or 430:25 of this ordinance, the signs described in this section are prohibited. Subd. 2. Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building, which by reason of position, shape, wording, color, or any other characteristic would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety hazard. Subd. 3. Signs within the public right-of-way or easement except for • traffic control and other governmental signs. Subd. 11. Signs which resemble any official marker erected by a governmental agency, including but not limited to, traffic control signs. Subd. 5. Signs which are illuminated by artificial light when the light is not maintained constant in intensity and color and signs which rotate, revolve, turn, oscillate, have moving parta, or any other characteristics which produce the effect of motion, except for that portion of a sign which gives time, date, temperature, weather, or other similar public service infomation. Subd. 6. Signs or displays containing banners, pennants, stringers, whirling devices, searchlights, or similar items generally used, or reasonably intended to be used, as an attention getting device. Subd. 7. Signs which attract attention to any person, place, service, item, merchandise, or activity for the purpose of advertising, which are located off the premises where the advertised subject matter is sold, offered, or located. Subd. 8. Signs which are free-standing by virtue of being structurally independent from any other structure or object but which are in some manner anchored to the ground so as to render them immobile. No artificial attachment or affixation of a free-atanding sign or its structure to • another structure or object shall be deemed to change its status as a free-standing sign. Section ' 30:25 Subd. 4 • 1. Each co w rcial establishment with one frontage, shall be allowed signs with a combined sign surface area of all signs requiring a permit and all window signs not to exceed the lesser of 180 square feet or 80 equare feet plus one square foot for each 100 square feet of floor area. A coramercial establishment with more than one frontage shall be alloyed a total sign surface area of one and one-half times that which would be allowed if it had only one frontage. In such case, the signs shall be placed so that no frontage 'shall have signs with a sign surface area greater than that which would be allowed if the commercial establishment had only one frontage. 2. A gasoline service station shall be allowed, in addition to all other authorized signs, one free-otanding sign to identify the gasoline brand, which shall not exceed 30 feet in height and which shall have a minimum clearance of 12 feet from the basic grade level to the lowest element of the sign surface and which shall not exceed 50 square feet in sign surface area. Such an establishment shall also be allowed one price sign, not to exceed 8 square feet in sign surface area, for each frontage having a curb cut. Such free-standing sign and price signs shall be in addition to those signs allowed in item (1) of this subdivision. 3- Subject to approval of the Council, a shopping center may be allowed a free-atanding sign not exceeding 300 square feet in • sign surface area. 4- A commercial .establishment located within a shopping center, having no outside frontage, shall be allowed a surface sign area of one-half of that which it Would be allowed if it had outside frontage. Subd. 49 In a district zoned for light industrial businesses, signs containing one square foot for every 100 square feet of ground floor space shall be allowed up to a total sign surface area of 150 square feet. Subd- 5- Banner signs, pennants, stringers-# and whirling devices shall be allowed in connection with an initial opening of a bucinese in a commercial district or light industrial district for a period not to exceed 14 days. The use of searchlights in connection with such opening of business shall be allowable only with permission of the Council* Subd. 6. Each church located within the corporate limits of thin municipality, subject to approval of size, lo�.ation and type by the Manager, may erect and maintain a maximum of three directional signs on arq municipal right-or-way; provided, that no church may erect or maintain more than one such sign at arq intersection. • . a 'e'hon Ior D ATE : A P P R OVAL : April 15 1988 T O : Planning Commission Members F ROM David M. Childs, City Manager BONAVENTURA MALT SHOP/VIDEO ARCADE CONDITIONAL USE PERMIT This is a .request from Michael Bonaventura for a conditional use permit to allow him to operate a malt shop and video arcade at Apache Plaza. The exact location would be in the southwest end of the old Montgomery Wards Auto Center (most recently occupied by NAPA Auto Parts) . Mr. Bonaventura states that the malt shop/video arcade would be: *a youth oriented recreational facility; *a tobacco-free environment; *called "Bonos Malt Shop and Arcade": *utilizing video game (amusement device) licenses currently held by Apache Plaza; *staffed to properly insure adequate supervision. Mr. Bonaventura also indicated that the hours of operation would be limited, but I can't recall the hours he had discussed with me. As you may recall , a request for a video arcade was previously considered for the vacant space in Apache Plaza immediately adjacent to Apache Wells Bar. There were serious reservations about having a youth gathering place so close to a bar, and the matter was sent back for further discussions with staff. The other concerns with this previous request (Planning Commission and Council minutes are attached) were: security personnel ; hours of operation; and possible loitering in the mall and in the parking lot. In this particular case, those concerns should also be considered and addressed, if necessary, in the conditions finally recommended by the Commission. The concerns about proximity to the bar would be greatly reduced with this proposal , as would parking concerns since parking for the area is separated by curbing from the main mall parking. :cjk4.19.88 ua ce j /C'e 14 Fee: $100 . 00 CITY OF ST. ANTHONY Application for Conditional Use Permit (other than day care center) Applicant //�G,�z� �� v�G��.z. ��:,z..� �r� Phone(b/cP) Address r- /��J Gib•; „(�. �t.� f�.�1/c:. /y'(,'. .SS�/�/s 5r/�f�, .... Arlo�ss< �l�0 �n+�,.. Status of applicant (owner, buyer, renter, agent, etc. ) By9/R� Legal description of property in question O ! !!Lf vT A NO.�0 riv1�l �ci � Street Address Zoning district in which property is located Conditional use proposed Minnesota statutes and City ordinances require that the following conditions • be satisfied before a conditional use may be authorized: Yes No 1 . The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 2 . The proposed conditional use will not be detrimental to the health, safety or general- welfare of persons resid- ing 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 conveni- ence and will contribute to the general welfare. of the neighborhood or community. Explain: (use additional sheets if necessary) Signature of App.. A.lt 017 - 27� - 88A 100 . 00 ; STATEMENT OF INTENT . MICHAEL BONAVENTURA MARCH 22, 1988 I, Michael Bonaventura, propose to use the free-standing building adjacent to Apache Plaza (formerly NAPA Auto Parts) for a youth-oriented malt shop and arcade. I intend to establish a safe and enjoyable recreational facility for adolescents and young adults in the St. Anthony area. A youth- oriented recreational facility is needed in this community, where adoles- cents and young adults currently- have-limited--opportunities to meet with - their friends in facilities that meet the community's high standards of re- • sponsible behavior and are viewed as enjoyable by the young people they are designed to serve. This will be a tobacco-free environment, which will be staffed to insure adequate supervision of youth on the premises. "BONO'S MALT SHOP AND ARCADE" will feature numerous activities to . attract adolescents and young adults, will provide a healthy, positive recreational climate for them, and will affirm their value in the community. I believe this facility will create respect between adolescents, young adults and business leaders in the area, and will be viewed as an asset to the community by its young clients, by parents, and by civic and educational leaders in St. Anthony. • • 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, April 19, 1988 at 7: 45 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 Michael Bonaventura • for a conditional use permit as specified by the City Zoning Ordinance to allow establishment ( in a "C" commer- cial zone) of a malt shop and video arcade at 3700 Silver Lake Road (Apache Plaza) in the building formerly occupied by N.A.P.A. Auto Parts. Both a restaurant and an amuse- ment establishment are uses specified as conditional uses in the City code. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: April 6 , 1988 • • MAILING LIST - M. BONAVENTURA (Apache Plaza) 3/31/88 Sentinel Management Co. Twin City Federal Z4ntigo 5151 Industrial Blvd. 3899 Silver Lake Road 3704 Silver Lake Road Minneapolis, MN 55435 St. Anthony, MN 55421 St. Anthony, MN 55421 Re: Equinox Apartments Cadwallader Real Estate Ken Lee C. G. Rein Co. 3901 Silver Lake Road 3904 Penrod Lane 949 Sibley Memorial Hwy. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Paul , MN 55118-3698 Apache Plaza Ltd. 1 Apache Plaza St. Anthony, MN 55421 • INDEPENDENT SCHOOL DISTRICT \O. 624 White Bear Lake Area Schools 2399 Cedar Avenue White Bear Lake, MN 55110 • ��` L Phone 429-5391 Teny Schultz (612)429-5391 Ezt.284 Assistant Superintendent For Secondary Education March 10, 1988 Mr. David Childs, City Manager Village of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Dear Mr. Childs; Michael Bonaventura has discussed his interest in opening a recreational arcade focused on the youth market in the St. Anthony area with me, and I am writing to support his application. I have known Mike for eight years, • as a family friend and as a former administrator in the St. Anthony schools, and I believe he has the skills required to successfully operate a youth-oriented business in your area. Mike's charisma generates high-spirited enjoyment among his asso- ciates, and his high standards of conduct and ability to positively influ- ence others creates an ideal climate for leadership in a recreational setting. He has demonstrated this ability in his current position as an associate manager in a bar and lounge. He is comfortable with and very willing to confront inappropriate behavior, able to intervene with minimal disruption, and has earned the respect of his colleagues and local police and school officials. These skills give him great potential as a youth leader. Adolescents and older teenagers enjoy being with him because of his warmth and sense of humor, and he represents the high standards of behavior expected in your community. During. the past two years, I have been impressed with Mike's business interests and skills. He is fiscally conservative, sensitive to youth market issues, and has shown a commitment and ability to work cooperatively with the wide variety of publics who would be affected by • his proposed venture. As a school administrator, I am aware of the need for community- based • recreational facilities for adolescents. I have watched communities attempt to respond to this need with programs that were too inconsistent with adolescent values to succeed. I believe that Michael has defined a concept that will be responsive to the interests of St. Anthony area teens and young adults. The extensive contacts he has already initiated with local school and municipal officials and with parent leaders in the community indicates his intention to work closely with them to provide recreational programs within limits that are appropriate and responsible. believe Michael Bonaventura's proposal has great potential, and I believe he has the skills and values to make it successful. I urge you to favorably consider his request. Please contact me if I can be of further assistance. Sincerely, Terry chultz ' Assisfiant Superintendent - —for Secondary Instruction April 5, 1988 City Council City Offices 3301-33rd Avenue N.E. St. Anthony Village, MN 55418 Dear Sir: During the latter part of April the Council will be hearing a request from Mike Bonaventure for a conditional use permit to open a game room in Apache Plaza. I am writing this letter to encourage the Council to grant the permit. We have known Mike for the past seven years. He is a hard working and consciencious person who will operate the business in a professional manner. He has discussed the operation of the business and it appears he has made good plans to eliminate many of the pitfalls that normally accompany game rooms. I believe there is a need for this type of activity in the Apache area and strongly encourage approval of the plan. • Sincerely Tom Dowdle 195 17th Avenue S.W. New Brighton, Mn 55112. • 1 have to return to the City for a reviewal of the conditions placed • 2 on the permit even though the City could not completely deny the 3 use itself. 4 He also advised that any conditions the Commission might want to 5 place on the permit itself related to parking, access, etc. would 6 have to be added after the Ordinance passes and they get the 7 request back for a hearing on the conditional use Permit itself. 8 Commission Action 9 Motion by Wingard, seconded by Madden to recommend the Council 10 grant the request from Ken Solie of Village Properties for an 11 amendment of the language in Section 10 , Subdivision 3 , Item 7 of 12 the Zoning Ordinance related to a permitted conditional use in a 13 Light Industrial zoning classification which would allow not more 14 than two dwelling units of not more than 600 square feet and one 15 bedroom for use as a residence for a caretaker for a mini-warehouse 16 facility as a conditional use, where the current Ordinance only 17 allows one caretaking dwelling unit . 18 In recommending the request be granted, the Commission finds that 19 staff had reported receiving no calls either for or against 20 changing the Ordinance and there was no one present at the 21 Commission hearing who expressed opposition to it. • 22 Voting on the motion: 23 Aye: Wingard, Madden 24 Nay: Franzese, London, Werenicz 25 Motion not carried. 26 Commissioner Werenicz advised Mr. Solie that it was quite possible 27 the Council might find differently than the commission when his 28 request is presented to them the following Tuesday and it is their 29 decision which really counts because the Commission is only an 30 advisory body. r. sement�A rommissSplit on American Amusement Arcades ReQuest to Operate ucade at Apache Plaza 33 At 8 : 17 P.M. , the Chair opened the public hearing on the above by 34 reading the notice of the hearing which had been published in the 35 September 2nd, Bulletin and mailed to all property owners of record 36 within 350 feet of the subject property. No one present reported 37 failure to receive the notice or objected to its content. 38 Application: from American Amusement Arcades dba Picadilly Circus 39 850 Decatur Avenue North, Golden Valley, MN for a �10 Conditional Use Permit to allow operation of an 9 1 Amusement Arcade at Apache Plaza in the space form- • 2 erly occupied by the St. Anthony off—sale liquor 3 store. The proposal would utilize the 34 amusement 4 device licenses now held by the Apache owners. 5 Documentation: Application accompanied by August 31st letter, from 6 Daniel Heilicher of American Amusement Arcades 7 Company; 8 City Manager ' s September 11th memo giving staff 9 reaction to the request and the issues which are 10 involved; 11 sketch of proposed layout of store. 12 Staff report: Childs reiterated some of the above information, 13 including the fact that the current city Ordinance 14 limits the number of machines to a maximum of 106 15 amusement devices licenses which was the number in 16 effect when the Council established the recreation- 17 al ordinance and still held in St. Anthony; 18 suggested the commission could recommend a limit on 19 devices this business could have as the licenses 20 _ became availah1e; - - - - -- - 21 indicated no food or beverages would be served in • 22 the establishment; 23 24 reiterated that this type of activity is a condi- 25 tionally permitted use for which the Commission can 26 recommend certain conditions which it feels are 27 necessary or desirable. 28 29 reported staff had received no calls or letters 30 against this request. 31 Mr. Childs reported Police Chief Hickerson had been contacted about 32 the request and he paraphrased the Chief ' s memorandum where he 33 indicated he: 34 *would have some concerns about this operation being located 35 right adjacent to the City municipal on-sale liquor store, 36 which, the Manager perceived, and the concerns would probably 37 be the same the opposite were true and the bar was being 38 started next to an amusement arcade; 39 *based on his concerns on how well the establishment would be 40 operated because if it is well managed, the Chief thought 41 problems with loitering in the hallways and those kinds of 42 problems would be minimized; 10 1 *was concerned there might be problems with liquor procure- • 2 ment ( Childs said this would not be the same as for a 3 liquor off-sale establishment) ; 4 *thought the extended hours might increase the possibility of 5 disturbances and fights which could add to police calls 6 during their peak call period and could only be prevented by 7 excellent management and strict supervision; . . . 8 *perceived it would only be with this control that drug trans- 9 actions and other type of criminal activities could be 10 avoided. 11 The Manager reported those had been the kind of. concerns which had 12 prompted the annual review of the amusement device licenses for the 13 Fun Center ' s operation in the St. Anthony Shopping Center, whose 14 proprietor often appears for those reviewal sessions. Mr. Childs 15 indicated the Police Department considers that to be a well run 16 operation and have reported no major problems down there, although 17 the arcade is also located within 200 or 300 feet of both the on 18 and off sale municipal liquor stores. He added that these facilit- 19 ies probably generated more problems than the Fun Center. 20 The City Manager answered the questions posed by the Commission by: �1 *telling Chair Franzese he considered it to be more unusual •/_2 for a municipality to have a limited number of amusement 23 devices licenses available than it was for a city the size 24 of St . Anthony to have two amusement arcades ; 25 *saying he thought it may be unusual for a city' s ordinance 26 to require these activities to be handled as conditionally 27 permitted uses , perceiving the applicants may not have had to 28 seek these type of permits in the other cities they serve 29 because amusement arcades are permitted commercial uses in 30 those municipalities ; 31 *recalling it had been the possibility of a 24 hour billiard 32 hall with a beer license located in St. Anthony which was one 33 of the concerns which had initiated this zoning classifica- 34 tion for this use ; 35 *indicating the opposition which was expressed against the 36 Fun Center at those hearings might have been magnified as an 37 example of what might be coming if the billiard hall went in. 38 Proponents: Daniel Heilicher, Norman Pink, and Gene Winstead of 39 American Amusement Arcades Company 40 Dennis Cavanaugh, President of C. G. Rein Company •:1 11 1 Heilicher assured Chair Franzese there was still a • 2 lot of interest in video games by both kids and 3 adults; 4 said adults' interest in pool had heightened; 5 reported most of his arcades had come under condi- 6 tional use permits and his firm had never been 7 turned down; 8 invited the Commissioners to check with any of the 9 Police Departments in any of those locations from 10 Brooklyn Park to Robbinsdale, and they would find 11 they had no problems because those activities are 12 under firm control; 13 they have a full time attendant on duty at all 14 times and permit no drinking, smoking or eating on 15 the premises; 16 said there are no tables and no place to sit down 17 except at the sit down games and no loitering is 78 - allowed. 19 Werenicz Casts Doubts on- Appl-icant' s Claims - - - 20 21 The Commissioner, who said he had served on the Minneapolis Police 22 Department for 14 years , said he had contacted all eight com- 23 munities where Amusement Arcade operates and found there is much 24 disagreement with Mr. Heilicher' s perceptions that his establish- 25 ments have been trouble free. 26 The ,Commissioner stated he had been told to alleviate the problem 27 in some of the establishments , the Police Departments have had to 28 assign a full time police officer in those facilities on Friday and 29 Saturday evenings for whatever hours the establishment is open. 30 Mr. Heilicher ' s response was that his company had requested the 31 police presence in the Brooklyn Park and Maplewood arcades , which 32 are 22 ,000 and 15 , 000 square feet and in the Har Mar. operation 33 because the mall had requested that because of the heavy theater 34 traffic. He told Mr. Childs his company pays to have the police 35 officers on duty and suggested Commissioner Werenicz should talk to 36 the officers who are involved to get a better perspective on the 37 problems. 38 When Commissioner Werenicz told the arcade representative he had 39 found it had been necessary to have police on duty wherever the 40 establishments had extended hours and their St. Anthony request was 41 for the same extended hours , Mr. Heilicher told him if there is a 42 need for a police officer in this establishment , they would hire 43 one. • 12 • 1 The Commissioner added that he had also learned the establishments 2 had to hire the police because there had been a real need for them. 3 He said the Maplewood police had , told him that prior to hiring a 4 police officer, there had been numerous problems in the parking lot 5 which they attributed to the young crowd going into/coming out of 6 the Amusement Arcade establishment in that mall. He 'said the 7 police reported getting called at least twice a week prior to their 8 off duty officer working in the establishment involving numerous 9 problems with juveniles consuming in public; there were fights in 10 the parking lot; and consuming on the lot, which the police 11 attributed to arcade customers, most of whom appeared to be 12 transient type kids. Commissioner Werenicz also stated that the 13 establishment was drawing from all over and the police were having 14 all kinds of problems. 15 Mr. Heilicher said they had a police officer on duty at Maplewood 16 from the first day they opened their establishment and a further 17 check would show there were many of the same incidents long before 18 the arcade opened. These are the type of problems all big malls 19 experience, he contended. Commissioner Werenicz told him the 20 type of traffic his business would increase to the mall would 21 generate more of these types of problems. 22 Mr. Heilicher told Commissioner Werenicz the vacant store next to 23 the bar had been the only space the Apache management had offered 24 them for their arcade. Commissioner Werenicz told him he, for 25 one, was dead set against that location especially with the 26 extended hours beyond the mall ' s normal closing. He also perceived 27 having three pool tables would most likely attract the adult 28 drinking crowd from the bar next door who could be expected to 29 start to hang around the arcade to play pool which the bar doesn' t 30 have and to gamble over- the pool games, all next to the juveniles 31 who would be playing the video games. The Commissioner said he 32 thought this couldn' t help but lead to all kinds of problems . 33 Mr. Heilicher told him they have pool tables in Maplewood, Har Mar 34 and Brooklyn Park and don' t experience any of the problems the 35 Commissioner was anticipating. He said his people watch the 36 players carefully to see there is no gambling, which is not 37 permitted in the arcades . He told the Commissioner he might have 38 gotten some of his information from an officer in Maplewood who 39 doesn' t like children and had always aiven his establishment "a 40 bad rap. " When he suggested the Commissioner talk to the police 41 officers who work in his establishments rather than someone on the 42 desk, Commissioner Werenicz indicated his conversations had been 43 with several of the chiefs , investigators , and- *patrol sergeants, in 44 the eight different departments where the arcades are located. 45 Problems With Crowds Attracted and Not With Arcade Company' s 46 Management • 13 1 Commissioner werenicz added that none of the above had faulted • 2 Arcade Amusement ' s management per se and he was told "you do run a 3 fine business" , but it ' s just that type of business which seems to 4 gather certain crowds and the problems associated with those 5 crowds . 6 The Commissioner said to put the crowds of teenagers who would be 7 attracted to this type of business and the problems associated with 8 that right next to the older drinking crowd could lead to nothing 9 but trouble. He asked how Mr. Heilicher how he was going to 10 prevent the younger customers from asking the bar patrons to get 11 liquor for them from the off-sale store close by. 12 The arcade representative told him "kids are going to get liquor 13 if they want to no matter what" and he did not perceive this 14 establishment would be contributing any further to that problem. 15 Commissioner Werenicz told him he perceived the arcade would be 16 providing another source for them. Mr. Heilicher reiterated that 17 no other space had been available to them at Apache and said "if 18 you have a problem with Friday and Saturday nights and you want us 19 to close with the mall , we can accommodate that. " 20 when Commissioner werenicz told him he perceived the three pool 21 tables would attract more-- of- the long term —"hanger outers"-, Mr. 22 Heilicher disputed that assumption, saying that had not been a • 23 problem in his other establishments and rather, they had senior 24 citizens coming in to play pool in the daytime and fathers and 25 sons have an increased interest in the game since the movie "The 26 Color of Money" had come out. " He said there had been a surge of 27 interest in the game and his place, which is not a- bar, has 28 attracted a lot of people to come in and play in the arcades. He 29 perceived these places offered a good place for kids to come and 30 play pool under close supervision. 31 Chair Franzese said she would hate to have her three teenage 32 sons , who just love pool, go to this location, which is right next 33 to the bar, because they wouldn' t be associating with only kids who 34 play the games but people who. have been drinking from next door. 35 Mr. Heilicher said he couldn' t see why the bar patrons would want 36 to come in to play pool , but added if they do, they wouldn' t be 37 the only adults in the place because many young adults like to 38 play the more sophisticated games they have in their establish- 39 ments . He said his people maintain "complete control" and he was 40 certain there would be no problems for her boys . 41 The other proponents then spoke and answered questions as follows: 42 Cavanaugh told Commissioner Wingard all the other spots available 43 in Apache were too large for the arcade which only re- 44 quires about 1 , 800 square feet; • 14 1 = said he had not seen the proximity of the bar as pos- • 2 ing a problem for them or they would not -have let them 3 have that space; 4 indicated the mall has 24 hour security themselves and he 5 is certain the security people would become very vigilant 6 to see that there is not a problem; '1 said the bowling alley has 14 video games 'ih its arcade 8 downstairs and also sells 3 . 2 beer and typically the mall 9 has had no major problems with those customers except for 10 some instances where crowds coming out of the common mall 11 areas had broken some of the large mall windows; 12 Commissioner Werenicz told Mr. Cavanaugh most of the vandalism and 13 fighting originated with the crowds who hang around the video games 14 and have been available to them in the bowling alley and who flow 15 out into the parking lots where the problems are. He told him this 16 indicates there are problems associated with these types of 17 businesses and this business would be no exception. 18 Cavanaugh said every major mall has problems in the parking lots at 19 night and he wasn' t sure they were connected specifically with 20 amusement arcades , restaurants, or whatever; 21 pointed out that this use is a permitted conditional use in the 022 City' s Ordinance, leading him to conclude the City couldn' t 23 completely reject the application, but could impose conditions on 24 it. 25 Childs agreed that was the way he read the City Ordinance and 26 indicated he perceived it also gave the City the right to impose 27 reasonable conditions on the permit, which the applicants might 28 or might not agree were reasonable; 29 told the Chair, C. G. Rein controls the 34 licenses this establish- 30 ment would be using, there are somewhere around 14 licenses the 31 bowling alley holds , the City liquor operation has half a dozen, 32 the Fun Center has about 30 and the rest are scattered around 33 town; 34 said 106 was the number of licenses there were in existence when 35 the City passed the Amusement Devices ordinance and the only way a 36 place can get a license is if one of the holders drops its license ; 37 he confirmed that Ray Nelson is in line to receive the next 38 several licenses which become available ; 39 unless the City changes the Ordinance, the number. of licenses 40 which will ever be available will not surpass 106 . • 15 1 Gene Winstead said he was Operations Manager for American- Amusement • 2 Arcades; 3 said he was also Vice Chairman of the Bloomington Planning 4 Commission as well as the President of the Bloomington Crime 5 Prevention Association and understood the City' s concerns about car 6 prowls and vandalism in parking lots; 7 said there isn' t a shopping mall in the metropolitan area that 8 doesn' t experience the same type of problems; 9 indicated he didn' t know just how directly these activities were 10 connected to youth activities; 11 said his organization was not so naive as to believe none of the 12 "bad seeds" frequent their establishments or attempt to come in; 13 said they have spent time with managers to identify problems which 14 occur. 15 Werenicz agreed car prowling problems occur where there are large 16 numbers of cars parked in lots and said he perceived to locate this 17 type of business near the area where large numbers of cars are 18 parked near the access to both the bowling alley and the bar 19 would just be adding a third source of congregation.-- -- 20 Winstead agreed there would be an older crowd frequenting the • 21 arcade later at night , but challenged the perception that problems 22 with the congregation could be directly connected to the arcade. 23 werenicz responded to Mr. Winstead' s statement that in Bloomington 24 the number of car parking problems in parking lots had been cut 25 down by the actions of business crime watch groups by saying he 26 had found through the surveys he had taken of the eight communities 27 where this business had establishments , that the number of instan- 28 ces had been cut down after either those arcades had hired off-duty 29 police or the hours of operation had been reduced to the hours the 30 mall was open; 31 said he had also noted the malls which had kept to the mall hours 32 didn' t seem to have pool tables in them. 33 Winstead pointed out that one of the reasons his company wanted 34 to have pool tables at this location had been because they needed 35 them to fill up the space which resulted from only 34 device 36 licenses being available to them; 37 added that there had been a great resurgence of interest for all 38 ages in pool the past few years; 39 indicated the pool tables would be somewhat smaller than full scale • 40 tables and would be easier for younger children to play. 16 1 Norman Pink had been in St. Anthony when the licenses were limited 2 to 106 because there were so many applications for arcades in every 3 vacant store, drug store , etc. and the simplest way to control 4 that was rather than to write an ordinance defining them was to 5 limit the control the arcades by licenses; 6 said his firm had 1 , 500 square feet of empty space which could 7 take from 45 to 50 video games to fill up and because there are 8 only 34 licenses available, they need pool tables; ­ 9 indicated if the City wanted to let them have more licenses , they 10 wouldn' t need the pool tables; 11 reiterated that his company had hired the full time police officers 12 who work in their village North and Maplewood establishments the 13 day their arcades opened up and it wasn' t something the municipali- 14 ties had made them do; 15 pointed out that the young people who have the mobility they have 16 nowadays are going to go somewhere because the school system 17 doesn' t require the amount of study they did when he was young; 18 said in reference to parental supervision, he said he 'd rather have 19 his own kids in an arcade where there is good supervision where he 20 would be able to go and would be able to take that child and pick 21 him or her up rather than have that child say "I 'm going out with �22 the kids and will be back at 10 o' clock. " ; 23 said his company expects to close the arcade Monday through 24 Thursday at 9: 30 P.M. or whatever time the shopping mall closes; 25 indicated his company had found it would be advantageous to them 26 and also to the young people to give them a supervised place to be 27 up to 12 : 00 o'clock on Friday and Saturday nights; 28 insisted they wouldn' t be looking for the crowd from the Apache 29 -wells bar and would like to have their mall door closed so the 30 only access from the bar to the arcade would be through the outside 31 door; 32 said they would have to decide whether it was practical dollar and 33 cents wise to hire an off-duty policeman and other type of outside 34 supervision and if not monetarily feasible to have someone on duty 35 three hours every Friday and Saturday night, said would close 36 earlier on those nights ; 37 pointed out that in the bowling alley the arcade is in close 38 proximity to the beer counter and beer can be brought any place in 39 that room no matter who it is next to; 40 stated he believed it should be left to the parents to decide •41 whether their children are in the arcade after 9 : 00 at night; 17 I i 1 perceived it was up to the City to see that the laws are upheld, 2 but neither they nor the arcade managers should try to control 3 the family situation; 4 told the Commission his company has been in the arcade business 5 since 1957 and most of the arcades around the country are 6 patterned after their Southdale operation, which unfortunately been 7 replaced with an eye clinic the mall needed in the same space. 8 Werenicz agreed there was no way the arcade management could keep 9 the bar customers from coming in to play pool and said that was why 10 he was suggesting another location would be better. 11 Pink said his firm had 20 years of experience running this type of 12 establishment and controlling the behavior of those who come in and 13 they don' t need the type of customers who aren' t in control of 14 themselves and would make them leave; 15 said American Amusement Arcades wouldn' t be staying open past 9 : 30 16 P.M. if that wasn' t practical because they wouldn' t want to 17 jeopardize their reputation and the other developments they have 18 because of a few customers which might potentially ruin them. 19 Hearing Closed 20 The Chair closed the hearing at 8 : 57 P.M. for Commission considera- • 21 tion of a recommendation to the Council. 22 The following conversations ensued prior to and during the develop- 23 ment of a final recommendation: 24 Werenicz said he didn' t think it would be unreasonable to 25 require the arcade to be open only during mall hours 26 perceiving the precedent had already been set for 27 American Amusement Arcades in Eden Prairie , Ridge- 28 dale Terrace Mall, Har Mar and Northtown to close 29 when the malls close. 30 Cavanaugh pointed out that the Apache Mall is only open from 31 noon to 5 : 30 P.M. Sundays and closes at 5 : 30 P.M. on 32 Saturdays ; 33 said he perceived those hours would be completely 34 unacceptable to the applicants ; 35 pointed out that the City' s lease on the Apache 36 Wells is on a month-to-month basis so it would be 37 unwise to plan around them. 38 Heilicher said their arcades are all located in the interior 39 of those malls and there are no exits available for 40 them to use once the mall is closed; • 18 1 said he perceived it would be somewhat discriminat- 2 ory for the City to limit his establishment' s hours 3 of operation or types of equipment they used to 4 eliminate pool tables since similar restrictions had 5 never been placed on the Bowling Alley, the re - 6 staurant or the bar in the same mall; 7 8 indicated there would always be problems with kids 9 in parking lots whether they' re next to shopping 10 centers , a McDonalds or a Burger King; 11 suggested staff check with the Brooklyn Park Police 12 Chief and see if he doesn' t tell them there were 13 just as many of the same type of problems in the 14 parking lots before the American Arcade ever went 15 into the mall; 16 told Commissioner Werenicz the reason some of his 17 other facilities didn' t have pool tables was because 18 they didn' t have room for them at those locations 19 where they had all the other types of machines 20 they wanted. 21 Childs. told the Chair the three pool tables would be coin 22 operated and represented 3 of the 34 licenses C. G. ?3 Rein is prepared to use for this operation. • 24 Cavanaugh reported it cost his company $50 a machine to hold 25 the licenses until some merchant used them. 26 Franzese said she would like to see a condition imposed on 27 the permit which would require supervision of the 28 establishment. 29 Heilicher told her on busy days his company has two 30 attendants on duty; 31 insisted his company' s track record for controlling 32 its customers had always been very good and the Com- 33 missioners should have no fears that the pool tables 34.__, or video games would not be well controlled; 35 suggested that since this is a conditional use per- 36- mit the City should let American handle the arcade 37 the way they had requested and, if after a year or 38 even less , there is a perception that there is 39 a problem "come directly to us and tell us you 40 don' t like the way we ' re operating. " 41 London said he had to agree with Commissioner Werenicz that 42 the hours of operation should be restricted.—and • 13 that there should be no pool tables ; 19 1, said- he personally felt these amusement arcades were 2 nuisances because they made it difficult for parents 3 to control their children; 4 thought that since the City can' t prevent them from 5 operating in the City, everything possible should be 6 done to make them as inoffensive as possible. 7 Madden commented that he must have had a "misspent" youth 8 because he had always enjoyed playing pool and per- 9 ceived if he were to take his grandson somewhere to 10 play pool, this establishment, where there would -be 11 no liquor, would be a better place to play than a 12 bar; 13 said he couldn' t see the harm in having pool games 14 in a - game room and wondered if kids didn' t wager on 15 video games as well; 16 perceived pool had been denigrated and said he had 17 a lot more respect for pool than -for video games 18 which he couldn' t stand at all. 19 Commission Action 20 Motion by Madden, seconded by Wingard to recommend the City Council 21 grant a conditional use permit to American Amusement Arcades dba 22 Picadilly Circus to allow the operation of an Amusement Arcade - at 23 Apache Plaza in the space formerly occupied by the St. Anthony 24, off-sale liquor store and to utilize the 34 amusement devices for 25 which there are licenses available at that location. 26 The Commission further recommends the following conditions be 27 imposed on the permit: 28 *no food or beverages are to be served in the arcade; 29 *the number of amusement devices would be limited to 34 for 30 this establishment; 31 *the permit for this operation would have to be reviewed 32 annually with input from the Police Chief based on statistics 33 on the number and nature of calls his department has to make 34 to this establishment. 35 In recommending this permit be granted, the ' Planning Commission 36 finds staff had reported receiving no calls against the permit 37 prior to the Commission hearing and no one spoke - against it during 38 the hearing. 39 Before the vote was taken on the motion, the following amendments 40 were offered: • 20 • I • 1 Motion by Wingard, seconded by London to amend Ae motion to limit 2 the hours of operation for the Amusement Arcade `:o the same hours 3 as Apache Plaza Mall. 4 Voting on the motion: 5 Aye: Wingard, London, Werenicz 6 ' 7 Nay: Madden, Franzese 8 Motic to amend carried. 9 Motion by Madden, seconded by Franzese to amend ••,e motion to allow 10 the arcade to stay open until 9:00 P.M. seven d& a week. 11 Voting on the motion: 12 Aye: Madden, Franzese 13 Nay: Werenicz, Wingard, London 14 )tion not carried. 15 Motion by. Werenicz , seconded by London to amend :ae motion to allow 16 no pool tables in the American Amusement Arcade. • 17 Voting on the motion: 18 Aye: Werenicz , London 19 Nay: Madden, Franzese, Wingard 20 ation not carried-. 21 22 voting on the amended motion: 23 Aye: Franzese, Wingard 24 Nay: Werenicz 25 Abstention: Madden, London 26 Amen :d motion carried. 27 Commission Indicates No Objection to Change in Nativity Church 28 Plans 29 Mr. Childs had distributed copies of the Septeml w 13th letter from 30 the Nativity Building Committee Chairman seeki ' g approval for the 31 substitution of landscaping for fencing bet. �_en the church' s 32 property and the property at 2921 - 33rd Ave -1e N.E. , which had •33 been agreed to by both parties. The Manager :indicated he would 21 1 Council could grant at the same time they held the final • 2 reading. 3 Council Action 4 Motion by Marks , seconded by Ranallo to direct staff to draw up the 5 amendment of the language in Section 10 , Subdivision 3 , Item 7 of the 6 Zoning Ordinance related to a permitted conditional use in a Light 7 Industrial zoning classification which had been requested by Village 8 Properties to allow not more than two dwelling units of not more than 9 600 square feet and one bedroom for use as a residence for a bona 10 fide caretaker for a mini-warehouse facility as a conditional use , 11 where the current Ordinance only allows one caretaking dwelling unit. 12 In granting the request , the Council finds , as did the Planning 13 Commission, that staff had reported receiving no calls either for or 14 against changing the Ordinance prior to the September 15th Commission 15 hearing or Council consideration, September 22 , 1987 , and, there had 16 been no persons in attendance at either of these meetings opposed to 17 it. 18 Motion carried unanimously. 19 Councilmembers to Do Individual Investigations -Related to American �0 Amusement Arcade ' s Recruest to Operate an Amusement Arcade at Apache 21 Plaza • 22 Application: from American Amusement Arcades dba Picadilly Circus , 23 850 Decatur Avenue North, Golden Valley, MN for a 24 Conditional Use Permit to allow operation of an amuse- 25 ment arcade at Apache Plaza in the space formerly 26 occupied by the St. Anthony off-sale bottle shop. The 27 proposal would utilize the 34 amusement device 28 licenses now held by the Apache owners . 29 Documentation: same as had been presented to the Planning Commission 30 prior to their hearing, as well as approximately 11- 31 1% 2 pages of Commission minutes pertaining to the 32 issue. 33 Proponents : Daniel Heilicher , Norman Pink, and Gene Winstead, of 34 American Amusement Arcades . 35 Dennis Cavanaugh, President of C. G. Rein Company, who 36 manage Apache Plaza. 37 The Mayor asked for Council reaction to the request, which resulted 38 in the following give and take conversations between the Commission 39 representative, staff , and the applicants : 40 Marks asked for clarification of the issue, saying he perceived the •41 request involved putting a game room similar to the Fun Center next 5 1 to the Apache wells are, which would be open during the sam.=-: hours as • 2 the mall . 3 London reported the applicants had asked that t}.-,2.,y be allow::°:d to stay 4 open the same hours as the mall Monday through 'Thursday, a::-d to stay 5 open until midnight on Friday and Saturday .nigk. _s; 6 said the commission had in their final vote rec_%mmg!nded try-; facility 7 be allowed to be open only during mall hours , '�.�aring ther would be 8 problems with mixing the late night crowds in tI arcade E_d the bar 9 next door. 10 Childs reported the Fun Center ' s permit had been grantee, prior to 11 the passage of the licensing ordinance, but ;:_he City r- %,iews the 12 licenses every year. 13 Makowske said she wondered why the Commissic:.>;; had not r commended 14 prohibiting smoking as well as the service of =:�-_-Iod and be arages in 15 their motion; 16 reported seeing 8th and 9th graders smokiY , in front the Fun 17 Center and, although she didn' t know whether thc -;rI also smc ,ad within 18 the establishment, said she would want no smc ;;:ing to be :-ie of the 19 conditions for granting their permit. - 20 - London said he guessed the smoking issue hadn' t- come up . '.:ring the • 21 formulation of the recommendation, maybe becav a- the Comr -.;sign had 22 been more concerned about what would be sold in -he establ_.. lnent and 23 the applicants had indicated they allowed no smc-,:ing in any of their 24 other arcades. 25 Cavanaugh said except for a small area z consi& ed to be >} smoking 26 area, the entire mall is considered a non-smokir.: area; 27 added, however, that the mall does not polic the smok_ g outside 28 the mall. 29 Sundland told the applicants that he perceived ., there w, a large, 30 congregation of youths outside the arcade„ eit:­.=r in the all or in 31 the adjacent parking lot after the mall chased, '3e had to saume "you 32 drew them there" ; 33 asked what type of supervision they were prepaz :!d to prov_ _-a on high 34 volume nights. 35 Heilicher told him if problems arose under that -ype of z. , =angement 36 they would hire extra security the same as they have done n some of 37 their other arcades ; 38 disputed Commission' s report regarding the Maplewood Facility, 39 reiterating that ' they had hired off-duty pot- ice as ext.: ',. security 40 right at the start because this was a 15 , 000 squ.r_re foot o ' ration; • 6 1 said because of its size , they did the same thing in Brooklyn Park, • 2 where their Picadilly Circus has 22 , 000 square feet; 3 . added that all their other arcades have full time managers who are 4 ' well schooled in how to handle kids and haven' t had any problems 5 other than the necessity to deal with a certain type of kid who has 6 come there ; 7 indicated that if a problem arose someplace within. their 8 jurisdiction, they would see to it that the crowds are broken up; 9 reiterated that, although they had originally asked to have the 10 Apache arcades open as late as they have in other arcades with 11 outside entrances , during their discussions with the Commission that 12 request had been reduced to 9 : 00 P.M. on Saturday and Sunday, when 13 kids are out later than school nights as well until the regular mall 14 closing hours on other nights ; 15 indicated the door which opens onto the mall would be closed whenever 16 the mall is closed, allowing access only through the outside door 17 during those periods; 18 told Councilmember Marks they would also like to keep their 19 establishment open until 9 : 00 P.M. on Sunday night, pointing out 20 that some of their arcades stayed open until 10 : 00 P.M. those nights • 21 in other locations ; 22 added that in the arcades with outside entrances, their 23 establishments stay open until 11 : 00 P.M. on summer nights when there 24 is no school and until midnight on Fridays and Saturdays all year 25 long. 26 Ranallo Adamant About Having Another Fun Center in St. Anthony 27 The Councilmember stated "for the benefit of the Mayor and other 28 Councilmembers" that it was his intention to vote against having an 29 arcade in another shopping center when all the Councilmembers have 30 for years been getting calls from residents complaining about what 31 they see going on in the Fun Center. Councilmember Ranallo said he 32 knew the City police got lots of calls about the Fun Center, but by 33 the time they got around to responding to- those calls , there was 34 nothing going on. He said he had opposed a pool hall going in near 35 the Fun Center and reminded those present that the Council Chambers 36 had been crowded with residents who joined in that opposition. The 37 Councilmember said he therefore expected that when the residents 38 found out an arcade was going into Apache, no matter what its hours 39 are, most of them would be opposed to it. 40 The Councilmember pointed out that he perceived the Fun Center was 41 just "on the borderline" for closing in spite of the fact that it is 42 run by a Minneapolis police officer who tries his best to keep •43 control but is unable to do that all the time, causing many residents 7 I to question why the City doesn' t close the establishment down. • 2 Councilmember Ranallo said it was his own personal opinion that to 3 put another amusement arcade in this location, would only result . in 4 "lowering the class in St. Anthony. He also indicated he was 5 "really surprised . that the Apache management wanted to put a 6 loitering place for children in their center where they have 7 beautiful stores like Herberger ' s and Penneys. " 8 Attorney Advises City Doesn' t Have to Grant Each and Every Request 9 for a Conditional Use Permit 10 Cavanaugh said it was his understanding that amusement arcades are 11 permitted conditional uses which had to be granted but which could 12 have some restrictions put on them; 13 therefore , he perceived the Council was not able to keep the arcade 14 from coming into his shopping center. 15 Soth told him that was not completely true; 16 said although amusement arcades are a use permitted only by a 17 conditional use permit, the Council has some discretion in granting 18 conditional use permits. In other words , it' s possible to deny a -19 conditional use permit because there' s nothing to say each and every 20 request for a conditional use permit has to be granted; 21 added that if granting such a permit were automatic , there would be 22 nothing to discuss that evening, except the conditions . 23 Cavanaugh indicated there had been other requests made for similar 24 operations in Apache which he had turned down, but accepted Dan 25 Heilicher ' s proposition because - the Apache management knew it was a 26 high quality type of operation held in high regard and would not be a 27 detriment to Apache Plaza; 28 indicated he perceived the Commission had been mostly concerned about 29 the arcade ' s proximity to a bar; 30 pointed out that in 1983 and 1984 a game room in which food had been 31 sold had been operated 150 feet away from the liquor lounge in Apache 32 and they had virtually no problems with that; 33 in regard to the security, indicated that in addition to the security 34 Mr .. Heilicher would be providing, Apache has 24 hour security; 35 reported that typically, every hour , on the hour the security goes 36 outside and cruises the parking lot and "if they see anybody 37 loitering outside any store, they break up the congregation. " ; 38 told the Council he was requesting the arcade be allowed to stay 39 open Saturday and Sunday nights until 9 : 00 P.M. • 8 1 Makowske Doesn' t Believe Arcade Would Contribute to the Welfare of • 2 the Community 3 The Councilmember indicated that, based on her knowledge of the 4 problems the City has had with the Fun Center, she really questioned 5 the replies the applicants ' had made to the last two questions on the 6 application form because, in her opinion, this arcade might also be 7 "detrimental to the welfare of persons residing pr working in the 8 vicinity" and could not - be expected to "contribute to the general 9 welfare of the neighborhood or community. " 10" When she indicated she had been puzzled about the two abstentions on 11 the Commission vote, Commissioner London told her: 12 with the exception of Commissioner Madden, who liked the idea of 13 being able to take his grandson to play pool somewhere other 14 than a bar, the Commissioners had basically been quite hostile 15 towards granting the permit; 16 indicated the "nay" vote had come from Commissioner Werenicz , 17 who didn' t care for the motion which had finally been hammered 18 out because it had not contained a prohibition of pool tables , 19 perceiving that , with pool tables right next to a bar, there 20 could not help but be problems with a mix of patrons in both 21 establishments ; • 22 said a majority of the Commissioners were swayed by Commissioner 23 Werenicz ' 14 year experience as a police officer and the results 24 of the survey he had made of 8 of the police departments in 25 communities where American Amusement had arcades which indicated 26 that, in spite of the fact that the company "did a good job of 27 managing their establishments, there are problems no matter how 28 well they are run" and "there could be nothing but trouble if 29 this arcade went into Apache. " 30 Commissioner London said he too had decided to abstain because he 31 didn' t agree with the motion which finally evolved. 32 Marks Concerned About Congregation of Kids at Mall Entrance 33 The Councilmember indicated that not only was he concerned about the 34 security in the arcade immediately outside the interior mall door , 35 and in the parking lots , but was also worried about the effect on 36 shoppers who might be uncomfortable using a mall entrance where 37 there ' s a large congregation of kids smoking and acting abusively. 38 He said he had experienced a certain degree of discomfort just being 39 in the Fun Center, even though there was nothing going on when he 40 was there. 41 Applicants Dispute Council Assumptions 42 The applicants made the following responses to these allegations: 9 1 Cavanaugh indicated the City would probably use the same reasoning to • 2 deny him a liquor license if he were to apply for one. 3 Heilicher said his type of arcade in no way resembled the pool halls 4 of the past because smoking, gambling, and drinking are all 5 prohibited; 6 said his managers don' t allow loitering in any areas in which they 7 have jurisdiction; 8 reported both the Northtown and Ridgedale arcades are located in 9 rather isolated areas which are similar to the Apache location; 10 argued that the video games in his arcades are no different than the 11 games played on a computer at home. 12 Cavanaugh reported the bowling alley, which has been at Apache Plaza 13 for 26 years, has 14 coin operated games in a room where players can 14 both smoke and drink beer next to the kids playing the games ; 15 16 said Apache had stepped up its security whenever there had been 17 problems in that establishment, which was exactly what they would do 18 if there were any loitering problems in the areas next to this 19 arcade; 20 reiterated that the mall has 24 hour security and the security • 21 cruises around the mall every hour , on the hour, and would be 22 certain to break up any congregation like the one which worries 23 Councilmember Marks . 24 Winstead perceived the problems the Council envisioned with the youth 25 smoking and using drugs were also experienced in the schools and 26 "you can' t shut down the schools. " ; 27 said he perceived it was the City' s obligation to get a good use mix 28 for the community, including a well supervised place for them to go; 29 thought it would be a "tough call" to legally uphold the findings 30 Councilmember Makowske had mentioned which were based on 31 generalities; 32 said he would like to see more of an "open mind" kept in regard to 33 this use and advised against a "head in the sand" routine where you 34 decide something' s bad, therefore , it ought to be eliminated 35 altogether; 36 reminded them that the precedent had already been set for the bowling 37 alley which is a commercial recreational use, similar, yet different , 38 from the use they were proposing. 39 Pink indicated he perceived two of the Council ' s questions might not 40 have been properly answered; • 10 1 said his notes of the Commission hearing indicated the abstentions • 2 had been prompted by the two Commissioners approving the concept but 3 disapproving of the limitation of the hours ; 4 said he perceived they had - not wanted to have the use denied 5 altogether and therefore voted to abstain rather than vote against 6 it; 7 disputed that the tenant or customer mix in Apache was different than 8 in any other community shopping center , including Southdale , where 9 his firm operated an amusement center for 26 years ; Brookdale where 10 they operated until the space was needed for a liquor establishment; 11 or Ridgedale where they have operated since the center was opened; 12 said as a parent he is glad to have his child go to a supervised 13 establishment; 14 said if his child goes to any of the Picadilly Circus arcades, she 15 would be in a place where smoking is not permitted, which would not 16 be true of the Apache Bowling Alley or any other bowling alley where 17 not only is smoking allowed, but there is wine or beer served right 18 where the same video games are played in that type of establishment. 19 Commissioner London said he perceived Mr. Pink might have correctly 20 characterized John Madden' s view because he was one of the 21 Commissioners who had proposed an amendment which would allow the • 22 arcade to be open for different hours than the mall. However, he 23 disputed Mr. Pink' s assumption about his own abstention because his 24 vote indicated "I didn' t like anything about the arcade and 25 realizing there was no way of defeating the motion, just 26 abstained. " 27 Councilmember Ranallo said that vote had not been a "bad thing" with 28 him and pointed to the fact that the Council had not followed the 29 Commission' s recommendation about the second caretaker unit, 30 perceiving that was an advisory on which- the Council had to make its 31 own decision. 32 Applicants Admit Having to Call Police to Their Arcades 33 Councilmember Ranallo then asked Mr. Heilicher whether he was saying 34 he had never had to call the police to any of his arcades. when the 35 Picadilly Circus owner said he didn' t believe they ever had to do 36 that , Mr . Pink corrected him by saying he believed it would be 37 "inaccurate to say that in 26 years we have never had to call the 38 police to any of our establishments . " However , he added, that he 39 didn' t think there was a business in town' which didn' t have to call 40 the police for shoplifting, etc . 41 Councilmember Ranallo told Mr. Heilicher he had nothing against 42 American Amusement and knew nothing about their management style , 43 but that he did know for certain that there had been police calls 11 I made from their arcades in all their locations. The Councilmember • 2 : said he didn' t perceive that was anything against their management , 3 but did think that was a problem the City would be facing once they 4 approve this arcade for the City. He responded to the statements 5 -about closing the schools , by saying he perceived the City' s position 6 was a lot different because the school- district can fire ' a teacher 7 who allows smoking in school, while the City has no other recourse 8 than to review the permit once a year and try to revoke the licenses 9 if there are problems which "is almost impossible to do. " 10 Heilicher Says His Company Couldn' t Afford to Keep Problem Amusement 11 Devices 12 Mr. Heilicher pointed out that the City of Blaine had for the first 3 13 or 4 years reviewed the permit he had for his arcade in Northtown 14 until they realized the type of establishment they were running. He 15 added his firm was well aware of what the ramifications were for a 16 conditional use permit. He assured the Councilmember that if at the 17 . end of the year his company perceived a pool table or some type of 18 game was causing a problem, they would never let the situation fester 19 because they have a financial stake in their lease in the center, and 20 without a conditional use permit the costs of improving that space, 21 etc . would be lost to them. The arcade representative pointed out 22 that_ "we would not be in as many locations as we are if we did not 23 operate and control good establishments. " Mr. Heilicher pointed out _ 24 that if the bowling alley, which "serves beer and allows smoking in • 25 the areas where games are played is allowed licenses , then we should 26 be allowed licenses . " 27 Marks Wonders Where City Youths Are Going to Gather 28 The Councilmember said his own observations about this issue had 29 been: 30 that because of the. great fears parents have for their own and 31 other children when it comes to experimentation with sex, drugs , 32 and alcohol, they might have unfairly characterized any esta- 33 blishment where youths hang out as encouraging the most extreme 34 of those activities ; 35 it might have been because those who organized the various types 36 of teen centers in the City in the past might not have known how 37 to set up the right programs or how to supervise the centers , 38 resulting in their failure ; 39 that as a result of these failures the only teen center left was 40 one which, although he knew there had been problems , had not 41 been as bad as he at first expected them to be ; 42 said the only institutionalized gathering place for kids which 43 remains are the church youth centers in which many of the kids 44 refuse to participate ; 12 1 the Council is not very comfortable with the only center which • 2 remains and wants to get it out; 3 although it would be hard to get rid of this arcade once it' s in 4 Apache, it might be a more positive step to take to allow 5 another center, because "if we close all their hangout's, where 6 are the teenagers going to go?" . 7 Mr. Cavanaugh responded that he knew a lot of the teenagers go to 8 Apache Mall, where the management from time to time has problems with 9 them congregating and smoking in the center court area and has to 10 clear them out. He added that congregation of kids in fast food and 11 sit-down restaurants , amusement arcades, skate board areas, etc. are 12 just problems which "go with the territory" when you' re trying to 13 manage a 530 , 000 square foot mall. 14 Mayor Asks for Better Understanding of Both Positions 15 Mayor Sundland asked the applicants to understand and appreciate the 16 Council' s position in the same manner as they expected the Council to 17 give a fair hearing to their request. He pointed out that each of 18 the Councilmembers have personally had difficulties with a similar, 19 but perhaps different, establishment in St. Anthony which had 20 prompted their opposition to another establishment like it in the 21 City. His comments generated the following response: • 22 Marks: reiterated that he would like to see something positive 23 done for the kids ; however, 24 indicated he had mixed feelings about this request him- 25 self; 26 indicated he wished he had visited more arcades prior to 27 the meeting to be better informed about the issue. 28 Ranallo: said he had also been involved with the previous attempts 29 to establish youth centers in the City and had concluded 30 "kids just don' t want to be supervised. " 31 32 Attorney Expands on Legal Issues Involved 33 Mr. Soth reiterated that "the fact that the City Ordinance says 34 amusement arcades are permitted uses. in St. Anthony doesn' t mean the 35 Council can never deny such a request because they might find during 36 their considerations that there were good reasons to deny because 37 of an establishment ' s location. " He said in this case it had already 38 been mentioned that the proposed arcade was in close proximity to a 39 bar where adults coming out of the bar could easily mix with the 40 teenage people in the arcade. The Attorney said the City can' t say 41 it "doesn' t want any amusement arcades at all" because they are 42 authorized in the Ordinance , but the Council is not obliged to • 43 approve this particular arcade as long as they enumerate the reasons 13 1 for their denial . Mr. Soth indicated the issues identified as • 2 conditions for granting the request which are cited on the 3 application could be used as findings as long as the Council is more 4 specific about the reasons they are making those findings. 5 When Councilmember Ranallo asked whether the fact that the residents 6 oppose any arcades in the City at all would be sufficient reason 7 for denying this request, the City Attorney told him "probably not" 8 because the Ordinance already permits them. 9 Councilmembers Perceive Need for First Hand Knowledge 10 The attorney' s advice resulted in the following response from 11 Councilmember Marks: 12 indicated he perceived the Council was getting information from 13 differing sources, including the report from the police officer 14 on the Commission whose investigation had convinced him there 15 are problems associated with all arcades including the establi- 16 shments managed by the applicants followed by an opposing view 17 from American Amusement representatives ; 18 said- he for one did not have enough knowledge of how these 19 arcades are run when it came' to disciplining kids-fetc. -and 20 would prefer tabling action on a final decision until the 21 Council has an opportunity to visit some arcades and see how 22 they are operated and get further information related to the 23 police perspective on this type of establishment. 24 Councilmembers Ranallo and Makowske indicated they concurred with 25 Councilmember Marks ' suggestion and Mayor Sundland agreed that no 26 matter how the final decision went, this would be the most reasonable 27 way for the Council to go. 28 Before a motion to table was offered, Mr. Pink asked the 29 Councilmembers to remember, as they view different types of arcades , 30 to distinguish between those which are contracted out where the 31 owners only service the equipment and the arcades for which American 32 Amusement is financially responsible and manages , services and 33 provides control. He pointed out that the arcade in the St. Anthony 34 Shopping Center is one which is contracted out where the manager 's 35 greatest concern is to generate dollars. Mr. Pink also said there 36 are "good and bad arcades just as there are good and bad liquor 37 stores , gas stations , etc . " 38 Mr. Cavanaugh suggested it might be difficult to make a long term 39 decision based on the arcade ' s proximity to the liquor lounge since 40 he never knew from month to month whether the lounge would be 41 remaining in Apache or whether the City would be building another 42 one on another site. • 14 • 1 Council Action 2 Motion by Ranallo, seconded by Marks to :)le action on the 3 Conditional Use Permit requested by American nusement Arcades dba 4 Picadilly Circus for an arcade next to t' Apache Wells liquor _ 5 lounge until the Council ' s next meeting to give ne Councilmembers an 6 opportunity to do their own on site investigat:: n of arcades and to 7 direct the City Manager and Attorney to ,.rther research the 8 security issues which are involved. 9 Motio' tarried unanimously. 10 Before the applicants left, Councilmember Rana=. :) told Mr. Heilicher 11 he , for one, would be visiting mostly his estab:. :;hments. The arcade 12 representative reiterated those locations and .n pointed out that 13 the Har Mar arcade, which has 4,000 square feet _ space, sells food 14 and drinks in one area but doesn' t all{, smoking, eating or 15 drinking in the game areas. He also said police calls the 16 arcade managers had to make had resulted fro;- the need to rid the 17 establishments of unwelcome patrons. 18 Mr . Childs reported Commissioner Werenicz ' s c: --iients had indicated 19 that when the he had called the other police d -rtments about these 20 arcades , they had all agreed that there were -ways problems with 21 kids congregating around arcades, but these roblems weren' t much 022 different than for any other mall location where young people 23 gather. The Manager pointed out that Come ��sioner Werenicz had 24 reported that all the police departments he had . _>ntacted had agreed 25 that American Amusement were good operators. 26 COUNCIL REPORTS 27 Ranallo Requests City Observe League of M:: :-tesota Cities 75th 28 Anniversary 29 The Councilmember said he had been attending -he regional League 30 meetings throughout the state on behalf of the primarily to make 31 preparations for the above events in May He s- 1 he would like to 32 see the first week in May declared "Cit. Week" , the City to 33 purchase balloons to release at 1 : 00 P.M. tha'.= Wednesday in unison 34 with all the other cities in the state , and r 1erally, join in the 35 other festivities planned for that week. 36 Gopher One Call System Explained Further by Cou: -,.lmember 37 Councilmember Ranallo indicated he had further ':. ?:ormation related to 38 the Minnesota Notification Corporation to which ­_ had reported being 39 elected a Board member at the last meeting. He indicated the above 40 system had been set up by the Corporation in re Anse to the pipeline 41 safety legislation passed in 1986 to establish central point to be 42 contacted before digging to assure the pipelin° won' t be punctured. •43 The Mayor said he perceived the same principle iuld be followed as 15 w• . aln thorn ! l�- ilia DATE : :=�E>PROV A April 1 T O : Planning Commission Members F ROM : David Childs, City Manager I T EM : REQUEST FROM EBERHARDT COMPANY FOR ADDITIONAL JGNAGE AT ST. ANTHONY SHOPPING CENTER Eberhardt Company is the manager of the St. Anthony Shopping CE- -ter for own-rs who are out of the country (Portugal , I think) . They request a 16 cet X 10 feRt 9 inches (172 square feet) sign to be located on the end of the c- •a Brown, Photo, location facing Kenzie Terrace. The sign would have individua'! :errant listings, but perhaps not all of the tenants, since I understand that the .rP aces woule. be sold to the shopping center tenants. The spaces would be 8 inches X 8 feet and the sign is proposed be externally lit from above. The center currently has a free standing sign at the main entra on Highwav 88 which also has a reader board which can have various messages. Each business in the center has at least one wall sign - variant s have been given to Nationwide Sewing Machines, Town and Country Foods. Cokesbui Book Store. Dairy Queen for additional signs. and to Curtis Mathes for a lat ar sign. The St. Anthony Fun Center has a painted sign on the wall of th6. -old Brown Photo space which would be adjacent to the proposed sign. Apache Plaza had -a second non-conforming identification sign on ne west entrance (Stinson Boulevard) , but it has been removed, so they have only one identification sign. A variance was granted to Apache Medical Center for a similar si .1.1 on Stinson Boulevard, however, the individual businesses are not otherwise Jentified and the sign is in actuality -very ineffective in identifying the individ al tenants since the lettering is so small . In this case, too, the individual lettering may be too small to ..,a effective for individual tenants, with cars going by at 30 mph+. I also do not see such a variance to be a -step toward upgrading :*Ie center. It is an exterior lighted sign - will probably be partially blank (sin a some of the tenants will not be -buying space) - and would actually result in 3rd or 4th signs for some of the businesses. Date• March 28, 1988 • Fee: $25. 00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Eberhardt Company Phone: 924-2224 Address: 3250 West 66th St. , Edina, MN 55435 Status of applicant (owner, buyer, renter, agent, etc. ) : agent Legal description of property petitioned for variance: Saint Anthony Shopping Center Street Address:— 2900-2922, 2903-2955 Pentagon Drive NE Zoning district in which property is located: C-commercial Request: Permission to install a shopping center tenant directory • _----------------------------------------------------------------------- Minnesota Statutes and City Ordinances require that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes, please explain, using additional sheets. Yes No 1 . The granting of the variance will not be detri- X mental to the public welfare or injurious to other property in the neighborhood or village; 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are adhered to; or 3 . The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use cr=id. t . Signature of Applicant• P. Bergsrom, Property Manager • Signature of Owner ( if other than applicant) : w The tenant directory we are proposing i a continuation of the efforts by the ownership to upgrade and in; ove the appearance of the St.. Anthony Shopping Center. The direr ry will be tastefully done with full consideration for the fu re standardization of signage _within the center . It will not c. -rade , injure , or pose any detriment to the surrounding neighborhoo' The directory will be mounted directly to th north building on the exterior wall of the former Brown Photo b ( 2903 Pentagon Drive NE ) . This wall angles itself towards Kenz Terrace making. it an ideal location . A great deal of traffic sses by the center on Kenzie Terrace . With no signage being all ed to the tenants for placement on the back of their stores , ignage advertising is totally eliminated from this side . Placi , :: the directory in the proposed location will not only accent and reprove the appearance of the entrance to the center from Renzi Terrace, it will also inform the passer-by of the tenants and sE ices available in the center. Although New Brighton Blvd. provides the ,enter with excellent visibility, it is hoped the tenant direct ;,t will attract people passing by on Kenzie Terrace. With out the - Arectory, the tenants will not be able to tap what may be a valuab source of clientele. The St. Anthony Shopping Center has three imary entrances . The two entrances off New Brighton Blvd. are a e?nted by the existing pylon. The rear entrance , with the conti ed development of the Kenzington Project , will experience higher raffic levels . Since shopping centers in St . Anthony are allowed. - -nly one free-standing pylon sign, we have a unique opportunity t advertise our tenants and highlight this entrance by placing a te: _-it directory directly on the building . • Eberhardt M-41FINRIMM CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, April 19 , 1988 at 8: 00 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 for a variance from the City Sign Ordinance from Eberhardt Company for a 10 ' 9" X 16 ' tenant directory wall sign to be installed in the St. Anthony Shopping Center at 2903 Pentagon Drive on the northwest wall of the north building (facing Kenzie Ter- race) . The Zoning Ordinance allows one shopping center sign and one already exists for this 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 Bulletin: April 6, 1988 r: MAILING LIST - ST. ANTHONY SHOPPING CENTER (EBERHARDT) 3/31/88 Gustafson & Tyson James R. Bona Eugene Meter META Partnership 5236 Horizon Drive 4120 Zane Ave. A. 7400 Metro Blvd. , Suite 411 Fridley, MN 55421 Robbinsdale. MN 55422 Edina, MN 55435 Re: 2709 Kenzie Terrace Re: 2801 Kenzie Terrace Re: 2550 a4y. 8 Town & Country Good Luck Cafe Mickey D':. 2550 Highway 8 2700 Coolidge 2905 Kenz -�! Terrace St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthor;y, MN 55418 W. W. Johnson Meats St. Anthony Dairy Queen St. Antho-,.y Mobil 2801 Kenzie Terrace 2612 Highway 8 2616 Higha::,y 8 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthot , MN 55418 Max Saliterman St. Anthony Bowling Lanes Dick's Un" , n 76 25 University Ave. S.E. 2700 Kenzie Terrace 2653 Kenz-.: Terrace St. Anthony, MN 55414 St. Anthony, MN 55418 St. Antho. , MN 55418 St. Anthony Development Co. • c/o Sann & Howe 200 Park Avenue New York, NY 10017 • • • - - r - ,4p�X•Sr.�Lt 'S/�jQ`��f�o` lijlfi�' • Drawing No. 7E2 •14 �--- --------- —------------- ------ --- -- --f(J" ---- ---------- i CUStOCTIef �P5�i,1�4'�D i �. ------ �� Project -- - -- -- --- — ---- Sign Type >, _,w i ! Dates. z 4 Revis ST. ANTHONY SHOPPING CENTER ! j ► scale' I Drawn ALBRIGHT SHOE STORE SPRINGBOARD SOFTWARE SNYDER BROS PHARMACY KINGS FORMAL ATTIRE SerigrapNo I � %VT -apcAis. Minnesota ol j — i Notes i II i l;N/ L 126 ;-,1L� 'ti%'['.r?,i,G -�1%.1,^��i�:•�'�j li �:�,�'{ �:':=s�: _ FvCPi-%�j f i.'�!. w"'r�''la�iC,.e� �i` A,T ��NCI.S ��Al�� P,6 - G���-Vr iI tr-�—QT!Zr-' [,,.ti1-r M ..t m e�T d Sheet No. Ccistomer f l ProIECt fir.' �tcN Y Sti9n W'Lasrti - - Dra - Scale` wn u vvapoK wreesou No v,�u- ' - F !�'•'�� �V�LJIC7 1� i pn < b � ir. a d.. .h'. .ti s..•keS,...Y.ra Lt-1r, C. `• N i l •b "'OL"�Sr- e r e �! T _ _ - .L = '� �u<''�•L �_"ss.7}"^' tea. �. '�.y: T `3 g ain thou ills e 7DAE : APPROVAL : April 15, 1988 ' TOc Planning Commission Members ti FROM : David Childs, City Manager "Y J PROPOSED TOWNHOUSES ON SILVER LANE EAST OF FORDHAM DRIVE This is a request from Evergreen Development company for a change in zoning classification from R-1 (single family residential ) to R-3 (townhouse) for a 5.3 acre parcel- described on the attached Notice of Hearing and shown on the attached plans. The land is being purchased by the developer from Mr. Walter Bochnak, but the rezoning request also includes about a triangular 1 acre parcel on the northeast end of the property presently owned by the City. The developer proposes 37 townhouses, 1,200 - 1.600 square feet in size with prices ranging from $89,900 - $99,900. Details of the development are shown in the plans and in the attached letter from Evergreen Development Company. The proposed development is in conformance with setback, parking, unit size, height, and all other zoning requirements and is well below the maximum density allowed by the Ordinance. (the ordinance would allow up to 55 units on this site. ) The pond will allow all current storm water drainage patterns to continue and will also be an amenity for the project. The proposed market is for elderly and empty nesters, and tries to fill a need expressed in the marketing of the Village Townhomes (33rd and Old Highway 8) for single story units,(i .e. , no steps) . A large number of units are proposed as one bedroom, one story with option for a second story for guest bedrooms. Special amenities for children (play areas, etc. ) are not planned. The City' s Comprehensive Plan, adopted in 1980, shows this site as medium density, residential.: (a) because of its proximity to the railroad tracks; (b) because of major soil corrections needed; both of which make it economically unfeasible for single family homes. The proposal of-a townhouse project should be much more beneficial to the neighborhood than apartments due to the lower density (fewer units) and the owner occupied character of such a development. The plans attempt to take maximum advantage of the site drainage, provide for landscaping and screening from the tracks as well as from the residential units to the west. (Those lots are 300 feet deep, so a major separation would still exist between those homes and this development. ) _2_ • It should also be noted that if rezoning is approved, a request will be made to the H.R.A. for tax increment financing to help with soils corrections. Without some subsidy, the project would not be economically feasible (or at best, a much higher density would be necessary to do the project) . To date, I have received three calls about this project. 1. From the New Brighton City Planner, who requested copies of the plans. 2. From a New Brighton resident who had questions about the project and requested copies of the plans. 3. From a resident on Silver Lane adjacent to the project (I didn't get name or address) who had questions and who was going to come to City Hall to review the plan. • :cjk4.19.88 r- Date March 18 , 1988 Fee: $100 . 00 • CITY OF ST. ANTHONY Petition for Rezoning Applicant Evergreen Development Corporation Phone 339-9341 Address 1920 Dain Tower, Minneapolis , MN 55402 Status of applicant (owner, buyer, lessee, etc. ) Buyer Legal description of property proposed for rezoning Lots 1, 2 & 3 , Block 4, Mound' s View Acres, Ramsey County, MN and Block '2, Mound' s View Acres , amsey county Street Address Presently zoned R-.1 Proposed zoning change to R-3 1. Attach to this petition a statement as to why this zoning change is requested. 2 . If an entire parcel of land is proposed to be rezoned, submit with this petition a map or plat showing the land proposed to be rezoned and all lands within 350 feet of its boundaries . 3. If a portion of a larger parcel of land is proposed to be rezoned, submit with this petition a preliminary plat prepared in accordance with Sections 330: 00 th.roug:z and including 330 :20 of the St. Anthony Code of Ordinances . Sign pplicant Vernon S. H um, President Signature o Owner (If of er than applicant) Walter F. Boch elen M. Bochnak EVERGREEN DEVELOPMENT CORPORATION 1920 Dain Tower Minneapolis, MN 55402 (612) 339 -9341 • PROPOSED SAINT ANTHONY VILLAGE TOWNHOME RESIDENCES BY EVERGREEN DEVELOPMENT CORPORATION Location: Silver Lane and Oakwood Site size : 5 . 3 acres Zoning: Site is presently zoned R-1, suitable for single family. Request is to re-zone site to R-3 , a classification designated for townhouse use for the development of approximately 37 townhomes. The site fronts Silver Lane on the north, the back property lines of single family residences on the west and has as its easterly and southerly boundaries , ' the Soo Line right of way. It is presently unimproved property with the most 'easterly portion used as a clean landfill by the city. All utilities, storm sewer, sanitary sewer, water, gas and electricity are available adjacent to the site. The access to the site is excellent from the west by way of Silver Lane off of Silver Lake Road, and from the north by way of 16th Avenue S.W. off of County Road E. Silver Lake Road connects with 694 to the • north and County Road E with 35W to the east giving the site excellent accessability without excessive traffic noise. The proposed townhome use is in conformance with the Comprehensive Plan for St. Anthony Village and it is believed that this use will ful- fill the highest and best use criteria for this particular site. Significant soil corrections are required as a result of the landfill use and previous watershed routes. The costs for these corrections are subject of a tax increment financing proposal necessary to maintain the financial feasibility of the overall project. It is proposed that a pond be created by this project to assist in the correction process, provide assistance to the general area for water drainage and establish a desirable site amenity. The subject townhome project consists of 8 separate buildings with a total of 37 units. The buildings mix will be as follows : 4 buildings with 4 units 1 building with 3 units 3 buildings with 6 units The overall design, construction techniques and building materials will be of above average quality. All buildings will be of wood frame con- struction with individual units ranging from 1, 200 sf to 1,600 sf in • • -2- size. Buyers will have the option of adding a second level on the end units of each building. Ease of maintenance and energy efficiency will be emphasized in the construction and finishing details. Basement areas will be unfinished. Portions of the site not improved will be landscaped with trees, bushes and sod; an emphasis being given to the elevations facing east and south to minimize the proximity to the rail- road tracks. Buildings will meet all required building codes and OSHA standards. Units will be equipped with smoke-activated fire alarms. Each unit will have an attached two car garage and driveway space for two exterior parking spaces. The primary market for this development is expected to come from St. Anthony Village and the surrounding northern suburbs of Minneapolis. Secondary market areas would generally fall outside a seven to ten mile radius from the site. With its relatively close and easy access to both downtown centers, interest may well come from those in out- lying areas desirous of living closer to the Central Business Districts. A typical buyer of one .of the subject townhomes will be between 30 and 70 years old looking to either move un to a newer, higher quality resi- dence or to a similar lifestyle with less maintenance and upkeep. According to the Multiple Listing Service (MLS) , the average price of • a single family home in the St. Anthony area was $98 ,200. The antici- pated base price range of $89 ,900 to $99 ,900 including one bedroom, one bedroom-den and two bedroom units, will be very attractive to this market' s demographic profile. Focus groups and market studies are currently underway to finalize the positioning of this product in the marketplace and to identify any nuances that need to be addressed. • f • CITY OF ST. ANTHONY NOTICE OF HEARING PETITION FOR REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a pub: . :: hearinc; by the Planning Commission of the City of St. Anthony c; Tuesday, April 19, 1988 at 8 : 15 P.M. in the Council Chambers oa The City all, 3301 Silver Lake Road (enter northeast corner) f the fo:� _ ,:Dwing purpose: Consideration of a petition from Evergreen -velopmer: - Corporation for rezoning of a parcel legal'_ describe-L. as Lots 1 , 2 and 3 , Block 4 , Mounds View AcreE Ramsey County, MN and Block 2 , Mounds View Acres , .amsey Coy.: y, MN and generally described as a vacant part - ;4 5.3 ac .s in size located east of Fordham Drive, south c- Silver ne and west of the Soo Line Railroad tracks. . ,oposed .. zoning is from R-1 (single family resident ?) to R-:: (townhouse) . The proposed townhouse deve:. .oment wi:, . contain 37 units of one and two stories eac.. Anyone wishing to be heard with reference to th-. above ma- a.; will be heard at said time and place. Question.:_ regardin,,. this matter may be referred to the City Manager,. 789 - 381. David M, Childs City ;.Anager Bulletin: April 6 , 1988 • MAILING LIST - SILVER OAKS TOWNHOMES 3/31/88 Walter Bochnak et al Michael Sherman Allan Reid et al W8-9th Avenue N.E. 3929 Fordham Drive 4001 Fordham Drive Minneapolis, MN 55413 St. Anthony, MN 55421 St. Anthony, MN 55421 Richard Puffer Michael McGinn Hoang Khuong Nguyen & 4025 Fordham Drive 4021 Fordham Drive Lc1n. Thi My Tran St. Anthony, MN 55421 St. Anthony , MN 55421 4017 Fordham Drive St. Anthony, MN 55421 Birger Kylander Halbert & Sandra Rogers Greg & Mary Gregg 4013 Fordham Drive 4011 Fordham Drive 4005 Fordham Drive St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 David & Beth Leaf Soo Line Railroad John White 4033 Fordham Drive Box 530 3404 Silver Lane St. Anthony, MN 55421 Minneapolis, MN 55440 St. Anthony, MN 55421 Richard Oertwich City of New Brighton Happy's Potato Chip Co. 3408 Silver Lane City Planner 3900 Chandler Drive �t. Anthony, MN 55421 803-5th Avenue N.W. St. Anthony, MN 55421 New Brighton, MN 55112 Joan H. Witt Jack L. Kroeplin Rhoda J. Olsen 4003 Foss Road, #104 4003 Foss Road, #103 4003 Foss Road, #204 St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Daniel Lozar Alvena Law Andra B. Legler 4003 Foss Road, #207 4001 Foss Road 4001 Foss Road St. Anthony, MN 55421 St. Anthony. MN 55421 St. Anthony, MN 55421 Margaret A. Booth Robert L. Helleen Eunice Grote 4001 Foss Road, #202 214 Galtier Place 4001 Foss Road, #,206 St. Anthony, MN 55421 Shoreview, MN 55112 St. Anthony, MN 55421 Re: 4001 Foss Road Jeanne Swiriduck Ethel Lewis Marjorie Eklund 4001 Foss Road 4006 Foss Road, #101 4006 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 is Gladys Dear Beverly Benson Marilyn Waller 4006 Foss Road, #87 4006 Foss Road, #88 4006 Foss Road, #205 St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Margaret Latteri Craig Hendley Sherley Hallberg ,— ,-- 4006 Foss Road, #206 4004 Foss Road, #101 4004 Foss Road, #92 St. Anthony, MN 55421 St. Anthony , MN 55421 St. Anthony, MN 55421 Renee Hanson Joanne Rau June Sanburg • 4004 Foss Road, #203 4004 Foss Road, #204 4004 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 James Lewis Jean Vescio Bertha Gehrig 4004 Foss Road, #208 4012 Foss Road, #97 4012 Foss Road, #102 St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Burton E. Ewen Candace Kassow Patricia Schreiber 4012 Foss Road, #201 4012 Foss Road, #202 4012 Foss Road, #205 St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 George Hengels Mary Beth Shima Irene Lindberg 4012 Foss Road, #206 4014 Foss Road, #103 4014 Foss Road, #104 St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Edna Latson Terrence O'Regan Mark Schrriit-� • 4014 Foss Road, #105 4014 Foss Road, #204 4014 Foss Roaa. #207 St. Anthony. MN 5542! St. Anthony, MN 55421 St. Anthony. !ON 5542_ Maryruth & Moira Heffron Phyllis C. Fudali ITT Financial Services 4014 Foss Road, #208 1709 Innsbruck Parkway 4111 Central Avenue N:E. St. Anthony, MN 55421 Minneapolis. MN 55421" - Columbia Heights, MN 55421 Re: 4088 Foss Road Re: 4089 Foss Road W. Norbert Verduyn Darlene Munkberg Marlene Thill 4090 Foss Road, #139 4091 Foss Road, #140 4092 Foss Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Floria Thorne/Judy Nye Carol Horen Richard Gripentrog 4093 Foss Road 4094 Foss Road 4095 Foss Road St. Anthony, MN 55421 St. Anthony., MN . 55421 St. Anthony, MN 55421 Leon Godeke Suzanne Olson Jacqueline Moritz & 4096 Foss Road 4097 Foss Road Susan Towberman St. Anthony, MN 55421 St. Anthony, MN 55421 4098 Foss Road St. Anthony, MN 55421 Michael Monsour 4099 Foss Road, #148 St. Anthony, MN 55421 C=TY O F S T . ANTHONY • C OUN C= L M=NUT E S MARCH 8 , 3- 988 1 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led 2 by members of the Fourth Grade Wilshire School Campfire Girls and 3 their leader, Dayle Boyce. 4 Mayor Proclaims Week of March 17th Campfire Girl Week in St. Anthony 5 Before a packed audience of kindergarten through fourth grade Campfire 6 girls , their leaders and parents, Mayor Sundland read the Proclama- 7 tion which observed the 78th birthday of the national Campfire 8 organization and enumerated the many community services the St. 9 Anthony Campfire Council had provided over the years. The Proclama- 10 tion was given to the girls, who had led the Pledge of Allegiance. A 11 number of persons who were present for the ceremony stayed to par- 12 ticipate in the discussion of the "Parkview" issue, which followed 13 later in the meeting. 14 The agenda was resumed with the roll call. 15 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 16 Also present: David Childs, City Manager 017 William Soth, City Attorney 18 FEBRUARY 24 , 1988 COUNCIL MINUTES 19 Motion by Makowske, seconded by Marks to approve with the following 20 changes: 21 Page 1 , line 13 : Substitute "$6. 00" for "$7. 5011 . 22 Page 5 , line 17: Substitute "could result" for "meant" . 23 Page 6 , line 38: Correct typo "still" . 24 Page 9 , line 19: Substitute 11R-1" for "R-11" . 25 Page 10, line 37: Insert "on" between "insisted" and "the 26 fact" . 27 Page 11 , line 32: Delete "was worked on" . 28 Page_. 11 , line 36: Insert "Board" after "Bureau" . 29 Page 12 , line 11: Substitute "they" for "them" . 30 Page 13 , line 32: Delete "all of" and insert "with" between 31 "which" and "the tonnage" . 32 Page 17 , line 17: Insert "who" at end of line. 33 Page 17 , line 40: Correct typo "there" . 34 Page 17 , line 46: Substitute "did not" for "did" between "they" 35 and "feel" . 36 - Page 18 , lines 18 Reposition "in the neighborhood north of 37th 37 through 21 : Avenue N.E. " after "their own homes" in line 38 18 , and correct typo "there" in line 19. • 39 Motion carried unanimously. 1 1 FEBRUARY 24 , 1988 EXECUTIVE SESSION MINUTES • 2 Motion by Marks , seconded by Enrooth to approve with the following 3 changes: 4 Page 1 , lines 26 Substitute "the figures Mr. Hamer used to 5 through 27: support his recommendation" for "Mr. Hamer' s 6 figures backing up his claim. " 7 Motion carried unanimously. 8 LICENSES/PERMITS/PETITIONS 9 Motion by Marks, seconded by Enrooth to grant the following licenses 10 as listed in the February 24 , 1988 Council agenda packet: 11 Contractors 12 DuAll Service Contractors, Inc. 13 Feekut Home Builders, Inc. 14 Amusement Devices 15 St. Anthony Lanes ( 6 , 2 available did not renew) 16 St. Anthony Liquor ( 5) 17 American Amusement ( 23 ) 18 • 19 Vending Machines 20 St. Anthony Lanes 21 Minneapolis Bowl-O-Mat 22 23 Bench 24 U.S. Bench Corporation 25 Bowling Alley 26 Minneapolis Bowl-O-Mat, Inc. 27 St. Anthony Lanes 28 Cigarette 29 Woodside Enterprises at Bakers Square Restaurant 30 St. Anthony Lanes 31 Minneapolis Park & Recreation at Gross Golf Course 32 Juke Box 33 American Amusement 34 • 2 1 t 1 Service Station • 2 Dick' s Amoco 3 Dick' s 66 4 Motion carried unanimously. 5 Motion by Ranallo, seconded by Sundland to grant an off-sale 3 . 2 beer 6 license to Red Owl Country Store and on-sale 3 . 2 beer licenses to 7 Pizza Hut, Inc. , and Minneapolis Park & Recreation for Gross Golf 8 Course. 9 Voting on the motion: 10 Aye: Ranallo, Sundland, Enrooth, Makowske. 11 Nay: Marks. 12 Motion carried. 13 Motion by Ranallo, seconded by Sundland to grant a beer in the park 14 permit to Bob Verkins, 2870 Highway 88 , for the 16 team softball 15 tournament to be held May 7th and 8th in the Central and Silver Point 16 Parks. 17 Voting on the motion: 018 Aye: Ranallo, Sundland, Enrooth, Makowske. 19 Nay: Marks. 20 Motion carried. 21 Mr. Childs indicated he would research the fees which the Community 22 Services charges for softball tournaments as requested by Councilmem- 23 ber Makowske. 24 CLAIMS 25 Motion by Marks, seconded by Enrooth to approve payment of all the 26 City accounts payable listed for January 31st and March 8th and the 27 liquor accounts payable for February -17th and 29th in the March 8 , 28 1988 Council agenda packet, with insertion of the names the computer 29 had-missed as provided by Councilmember Makowske. 30 Motion carried unanimously. 31 Motion by Makowske, seconded by Enrooth to approve payment of 32 $32 , 242 .00 as the balance due Decision Resources Ltd. for their 33 residential survey on City services and needs. 34 Motion carried unanimously. • 3 1 Mr. Childs explained the City had gotten a check for $13 , 568 . 00 for • 2 1987 franchise fees from Cable TV North Central and after making the 3 contribution to fund North Suburban Cable Commission operations , thee 4 would be $3 ,690 . 00 left for the City to use for its own cable ac- 5 tivities. 6 Motion by Ranallo, seconded by Enrooth to approve payment of 7 $9 , 878 . 52 as the City' s 1988 contribution towards North Suburban Cable 8 Commission' s operations. 9 Motion carried unanimously. 10 Motion by Makowske, seconded by Marks to approve payment of $1 , 101. 85 11 to Bruce A. Liesch Associates, Inc. as the City' s share of costs for 12 consulting services provided by that firm in connection to St. 13 Anthony' s lawsuit against the U.S. Army et al related to the City' s 14 water contamination problems. 15 Motion carried unanimously. 16 Motion by Enrooth, seconded by Marks to approve payment of $2 , 200. 00 17 to the Hance and LeVahn law firm for legal services relative to St. 18 Anthony prosecutions rendered for the month of March, 1988. 19 Motion carried unanimously. 20 Motion by Marks , seconded by Makowske to approve payment of $3 ,288 . 65 • 21 to the Briggs and Morgan law firm for professional services rendered 22 through January 31 , 1988 relative to St. Anthony' s TCAAP litigation. 23 Motion carried unanimously. 24 Motion by Makowske, seconded by Sundland to approve payment of $649. 03 25 to the Dorsey & Whitney law firm for legal service rendered St. 26 Anthony through January 31 , 1988. 27 Motion carried unanimously. 28 Residents Told Parkview Decision in School Board' s Court, but Fire 29 Station Not Essential to City Acquisition 30 About a dozen Campfire girls and parents had remained to get the 31 City' s side of the controversy which had arisen over the possibility 32 that the City' s fire and emergency services would be moved from the 33 -- outdated Kenzie Terrace location into the space now . used for a 34 gymnasium in Parkview where the City now rents space from the school 35 for its administrative and police services. Strong opposition to 36 locating a fire station in the same building from which the early 37 childhood program is run had been expressed during the February 24th 38 School Board public hearing on the disposition of Parkview, held the 39 same evening as the Council met in the Council Chambers in Parkview. • 4 1 Mayor Sundland opened the discussion by reporting he and every other 2 Councilmember had, since the hearing, received letters expressing the 3 same type of opposition. He said he perceived it might be more 4 productive to first set the record straight on the City' s position 5 before he opened the meeting to expressions of what he expected might 6 be misconceptions of that position. The Mayor stated that: 7 *he was not denying that during the preliminary discussions the 8 Council had related to the school' s suggestion that the owner 9 ship of Parkview might be transferred outright to the City that 10 the relocation of the fire station had not been one possibility 11 among several the Council explored for the City' s future housing 12 needs ; and 13 *the School District has not made a final decision on whether 14 they want to make the transfer at all; 15 *although the City is certainly ready to consider the possibility 16 of such a transfer, there are no plans now to move the Fire 17 Department to Parkview, even if that happens. 18 Fifth Grader Speaks for Students Who Use Parkview Gym 19 Michelle Helfrey said her parents had built the home she lives in at 20 3645 Roosevelt Street in 1973 , three years before she was born. She 21 said she had attended preschool and dancing classes in Parkview. The 4V2 fifth grader said she had played basketball in the Parkview gym the 3 last three years when her mother had told her the City and School 24 Board wanted to put fire trucks in the gym, she had become very 25 worried about where she could continue to play the sport she loved 26 because the "big kids use the Wilshire gym now and I know there ' s no 27 room for us. " 28 The young basketball player indicated her whole family, including her 29 grandparents, aunts , uncles , and cousins, all came to cheer her on 30 when she played. She added that her Uncle Johnny "who doesn't even 31 live in St. Anthony" had been helping out ' her coach, Mr. Kramer, 32 in the absence of her father who had died when she was two. Michelle 33 said St. Anthony would no longer be a "special place" for her if she 34 couldn' t play basketball anymore, echoing somewhat the same message 35 her mother, Barbara Helfrey, had attempted to convey in her letter to 36 the editor, which had been published in the Bulletin the previous 37 week. 38 Mayor Sundland thanked Michelle for sharing her concerns, which now 39 had no base in fact since the City would not be moving the fire 40 station to Parkview. He said no doubt the same misconception had 41 existed in the mind of the letter writer, whose letter to him had 42 upset him a great deal because her perceived an inference that "the 43 City was making a lot of effort to increase business in the St. 44 Anthony Shopping Center" , which, the _ Mayor indicated, was somewhat •45 refuted by all the steps the Council had taken over the years to 5 it 1 convert a major portion of that shopping area into alternative housing 2 for elderly and "empty nesters" in the hopes of freeing up housing 3 stock for younger families with children. The Mayor added that 4 because the Council can' t force people to move out of their homes , 5 those efforts might not have been as successful as had been hoped for, 6 but he assured those present that the Council was doing everything 7 they could to make the transition easier for all concerned. 8 Councilmember Makowske indicated she had found "quite exciting" the 9 portion of the report on the survey of the community the Council had 10 received the same night as the school hearing, which revealed there 11 are many more young families living in St. Anthony than the Council 12 had thought there were before the survey was taken. 13 Councilmember Enrooth commented that a lot of the misconceptions 14 related to the City' s intent towards Parkview could have been 15 instantly cleared up if residents who were upset had just phoned 16 Councilmembers to get their perspectives on the issue. He pointed out 17 that all Councilmember ' s telephone numbers are listed in both the St. 18 Anthony and Bell Telephone directories and the Council has always had 19 a policy of making themselves as accessible as possible through that 20 medium. 21 Mayor Sundland agreed that if residents had approached the Councilmem- 22 bers directly, they would have found out right then and there what the 23 Council planned or didn' t plan for - Parkview which "might have thrown 24 some water on the conflagration before it had progressed to the point • 25 it had. " He then echoed Councilmember Enrooth' s invitation to "call 26 us up anytime you have concerns about what we ' re doing" . 27 Legislative Session Report Given by State Representative John Rose 28 The legislator indicated a coronary in October had somewhat curtailed 29 his activities and delayed his giving the Council the report he likes 30 to give at least twice each session. However, he assured the Council- 31 members that the "clean bill of health" his doctor had recently given 32 him allowed him to resume his legislative and sports activities "full 33 tilt. " 34 Representative Rose said he thought the booklet he had distributed, 35 which had been put out by the League of Municipal Legislative Commis- 36 sion, contained a good characterization of the tax property issues 37 the legislators are facing this session. He also indicated both he 38 and Senator Marty appreciated being kept fully informed by Mr. Childs 39 related to the City' s water contamination problems being presented to 40 the Minnesota Health Department at this time. He said he had been 41 working closely with School District #282 on legislation which would 42 fund a study of cooperative efforts between St. Anthony, Fridley, 43 Columbia Heights , and Spring Lake Park. 44 The legislator did not anticipate any wine in grocery stores legisla- 45 tion this -session, but, as a member of the House Regulated Industries 6 • 1 r.ommittee, said he certain1jr :::isn' t going to suppor,. a later closing 2 time for Minneapolis bars , perceiving an adverse impact on St. 3 Anthony if that bill passed and perceiving this type of legislation to 4 be the wrong approach to drunken drivinq. 5 Except for the reinstatement of the renters credit, Representative 6 Rose said he didn' t expect much from this session relative to property 7 tax reform, but hoped the next time around the legislature would 8 address that issue the way it should be. He told Councilmember 9 Ranallo he believed it was better to wait for reform legislation 10 because there wouldn' t be enough time left this session to give 11 property airing to testimony from the Minnesota Taxpayers Association, 12 homeowners, and officials like the City Council related to the impact 13 reform would have on the different groups. However, Representative 14 Rose said, he anticipated there would be some across the board school 15 aids which along with the $200 ,000 grant to help the school district 16 in its cooperative efforts, should alleviate some of the financial 17 problems for the whole Village. 18 When Councilmember Marks sought the legislator' s perspective on future 19 aids to local governments , Representative Rose told him he personally 20 was waiting to see the study being done to eliminate those aids 21 altogether at the same time the state took over all school aids, 22 leaving property taxes to be used exclusively by the municipal 23 governments to fund the services they alone provide. The legislator 24 said school districts are finding that only 180 of their residents 025 have students in the public schools so when they come to the tax- 26 payers for support, there is little there to support what is a real 27 societal need, a strong educational system. 28 When Councilmember Makowske raised the question of whether eliminating 29 local support might also mean complete loss of local input into school 30 affairs. Representative Rose told her that although a lot of con- 31 troversy has grown up around that point, most legislators had to 32 acknowledge that control had already eroded so much in the last 20 33 years that they now had to seriously consider the trade-offs. He 34 pointed to legislation which will probably pass this session which 35 mandates AIDS education in the schools in spite of the fact that all 36 the school districts already have the capacity to take care of that 37 themselves without direction. 38 C.H.E.M. Council to Take More of an Advocacy Role Than Predecessor, 39 Chemical Awareness Committee 40 John Pugleasa, 2948 Pierce Street N.E. , newly selected President of 41 the St. Anthony/New Brighton Chemical Abuse Information Committee 42 (C..H.E.M. Council) indicated he was present to thank the Council for 43 the support they had always given the Chemical Awareness Committee and 44 to report the reorganization of that group resulting from the strate- 45- gic planning the Committee had done in January. 7 1 Mr. Pugleasa introduced other members of the Committee who were with 2 him as Jack Griffin, Vice President; Rose Mary Hannon, Treasurer; 3 Dorthy Fleming, Secretary; and Barb Olsonoski , who he said had also 4 been very active on the Committee. 5 The speaker told the Councilmembers: 6 *the funds the City had provided in the past had been well spent to 7 get chemical abuse awareness. information out to the community and 8 into the schools ; 9 *new members, many of them chemical health professionals themselves, 10 had brought more energy and different perspectives on chemical 11 health issues to the organization, including those related to insur- 12 ance, lack of awareness of intervention skills for adults, and the 13 need for inexpensive chemical free recreational alternatives for 14 youths ; 15 *as indicated in the information sheet given the Secretary, rather 16 than just dispensing information, "the Committee will concentrate 17 on working with individuals and groups to explore and examine the 18 chemical health system, acting as an informal ' trouble shooter ' . " 19 After identifying a problem, the Committee will form networks of 20 individuals and groups who may be able to implement solutions; 21 *said the Committee would not be looking for problems and no effort 22 would be made to duplicate the excellent professional services al- • 23 ready available but rather the Committee hopes to help those who may 24 have fallen through the cracks; 25 *indicated that to give better visibility to the new goals, Committee 26 members are giving this type of presentation before the various 27 organizations like the New Brighton and St. Anthony Councils and 28 School Boards who have supported their efforts in the past in the 29 hopes that those and other organizations might channel some of the 30 problems brought to them to the Committee for referral. 31 Mayor Sundland indicated he was happy to see the organization 32 changing its focus from just handing out pamphlets to more of a pro- 33 active role and he complimented them for recognizing their role would 34 be to help funnel people who need help to the professionals, rather 35 than trying to complete with those services. The Mayor said the only 36 concerns the Council might have had about funding this Committee over 37 the years was that it appeared to be only another layer of available 38 chemical abuse awareness services and it now appeared they were on 39 track in changing their focus. 40 Float Idea Given Enthusiastic Receptions 41 Barb Olsonoski indicated she was present to get the Council' s reaction 42 to an idea originating with the Apache Merchants Association and taken 43 to the St. Anthony Village Chamber of Commerce, that it might be the • 8 . • 1 right time for the City to have a float in the Aquatennial parade 2 since the City already has an Aquatennial Queen candidate and this 3 year ' s Queen of the Snows was also Miss Apache. 4 The last time anybody could recall that St. Anthony had a float had 5 been 1949 when it received an award. Ms. Olsonoski indicated the 6 Aquatennial Committee was pressuring Apache management to get 7 together with the N.E. Minneapolis park boards and City officials to 8 provide the float. She said she recognized a lot of expertise would 9 be necessary to get a professional looking float and said she would be 10 willing to attend the planning seminar the Aquatennial Committee had 11 instituted to help float sponsors get that expertise. 12 Besides some financial help, the float proponent indicated a garage 13 would be needed somewhere in the City to construct and store the 14 float. In return, Ms. Olsonoski perceived the Village and School 15 District would get some really good exposure, not only through the 16 Aquatennial parade, but in other communities where the float would 17 also be competing. 18 Mr. Childs explained that the Chamber had been willing to give 19 financial support to the float but would not be able to do the whole 20 project themselves. Chamber members had thought maybe the City 21 Council could get a notice out to the community through the newspapers 22 that a float committee was being formed for which volunteers were 23 needed to spearhead the project and to approach the various other 024 civic and municipal organizations for donations and help in getting a 25 float built. The Manager said the thought that the St. Anthony 26 School District might have space available to construct and store the 27 float this summer. He agreed that if the project were well done, it 28 could be areal asset to St. Anthony and said he would expect the 29 project to get support from local organizations like the Lions Club, 30 Kiwanis , Knights of Columbus , etc. Ms. Olsonoski indicated the 31 Apache management were willing to help fund and work on the endeavor. 32 She agreed that what was needed first was a committee to come up with 33 some creative ideas and to coordinate the construction and float 34 scheduling. 35 Councilmember Enrooth recalled that it had been 20 years since the St. 36 Anthony Kiwanis had sponsored Mary Williams, who had gone on to 31. become Miss Minnesota that year. He agreed it was time for St. 38 Anthony to have another community event like the fall funfests the 39 . City_ used to have and he said he perceived from what the survey had 40 told the Council, that there were a lot more younger families living 41 in St. Anthony that the Council had ever suspected, so it should not 42 be too hard to get volunteers with different perspectives from that 43 group to work on the float. 44 Larry Jones indicated he would write an article on the float project 45 in the Bulletin. 9 1 Councilmember Ranallo suggested contacting the Rochester Mayor to find • 2 out who the Rochester official was who could professionally design the 3 float. He agreed that it was high time the City had another float 4 and an Aquatennial Queen candidate to give St. Anthony better 5 exposure than its getting now with a school band who rarely appears in 6 the metropolitan area and "residents have to go to Fargo to see them. " 7 The Councilmember was certain there would be a lot of St. Anthony 8 people who would be happy to work on a project which promoted the 9 community like this one would. Ms. Olsonoski indicated she would be 10 able to discuss the project one on one with Councilmembers after the 11 Apache Polish Days were over. 12 City Research Funding for Pedestrian Signal at 39th and Stinson 13 Ms. Olsonoski reported a group of senior residents from Heights Manor 14 had been lobbying the new manager of the Apache J. C. Penney store and 15 herself to see what they could do to get a pedestrian crossing signal 16 on that busy intersection where the three way stop signs aren' t very 17 helpful for getting the blind and handicapped residents in their 18 apartment building across Stinson to shop at Apache. 19 A bus load of Manor seniors had gone to the Columbia ' Heights Council 20 meeting the previous night to request the Council' s aid in getting 21 some type of Community development or County funds to pay for the 22 signal. The Apache representative said she was bringing the matter 23 up to the St. Anthony Council that evening because she expected n • 24 Columbia Heights officials would be cotacting the City to share the 25 costs. 26 Councilmember Ranallo recalled there had been some talk about having a 27 study of that crossing made years ago even before Mr. Childs ' arrival 28 but he didn' t know what the results of the study had been. 29 Councilmember Enrooth told Ms. Olsonoski the City had used most of its 30 available CDBG funds for the traffic siqnals on Kenzie Terrace, which 31 had cost about $80 ,000 and, from what the engineers on that project 32 had told the Council, he was afraid the cost of even a pedestrian 33 signal in this location probably wouldn' t be much less. 34 The matter was laid over for further research by staff. 35 REPORTS 36 COUNCIL 37 Councilmembers Do Some Politicking for City at Congressman Sabo' s 50th 38 Birthday Party, February 28th 39 Makowske said she had an opportunity to speak not only to Congressman 40 Sabo but also to Congressman Bruce Vento about the City' s water 41 contamination problems and perceived from he conversation with the 42 latter, that the City might have missed a , good bet by not getting • 10 1 Congressman Vento involved in the City' s difficulties with the Army 2 sooner. Besides talking with Congressman Sabo, she said she and 3 Councilmember Enrooth had also been able to broach the subject with 4 State Senator John Marty while they were at the party. 5 Makowske Appointed to National League of Cities Human Development 6 Steering Committee 7 The Councilmember said she would be attending her first Committee 8 meetings March 2.0th while attending the NLC conference in Washington, 9 D.C. , March 18-20 along with Mayor Sundland and Councilmembers 10 Ranallo, Enrooth, and Marks. The Mayor noted that St. Anthony would 11 certainly be well represented on commissions with his serving on the 12 Transportation and Communication Steering Committee and Councilmember 13 Ranallo also serving on the Human Development Steering Committee. 14 Councilmembers to Lobby Army and Congressional Delegation for 15 Settlement of Water Contamination Litigation While in Washington 16 Mayor Sundland indicated the above meetings were scheduled to. be held 17 while he and the rest of the Councilmembers were in the Capitol City 18 for the League Conference. 19 DEPARTMENT AND COMMITTEE REPORTS 20 Neighborhood Crime Watch Might Have Prevented Eleven Larcenies in 1021 January 22 Most of the above crimes listed in the February Police Department 23 Report involved simultaneous car break-ins on driveways in one 24 residential area and might possibly have been thwarted under the Crime 25 Watch surveillance program, Mr. Childs speculated. Mayor Sundland 26 agreed that the program couldn' t help but become more effective now 27 that the City has seven new police reserves on the street. 28 The Police Department as well as the February Fire Department Report 29 were ordered filed. 30 96% Sales Increase for Stonehouse 31 Before the February Liquor Sales Summary was ordered filed, Council- 32 member Ranallo drew attention to the improved figures that location 33 was experiencing over those for the first two months in 1987 before 34 the building was remodeled and dancing and a restaurant were added. 35 The Councilmember reminded all present that the Stonehouse Grand 36 Opening was scheduled for March 26th. 37 Following a brief discussion, the February 18th report from the Hance 38 & LeVahn Ltd. law firm on crimes they had prosecuted for the City 39 during the February 17th Hennepin County District Court session, that 40 report was ordered filed. 11 1 CITY MANAGER REPORTS 2 February 22 and March 1st Staff Meeting Notes 3 Residents Get to Practice on New Voting Machines 4 Carol Johnson had reported the new voting booths had arrived and 5 the machines were expected to be delivered around the first 6 of April. Mr. Childs said both would be set up in the front 7 entry of the City Administrative Offices to give residents an 8 opportunity to learn how to operate them before the pri- 9 mary elections. 10 Balloons to Fly Over St. Anthony, May 4th 11 In reference to Mr. Childs ' report on the City' s participation in 12 Cities Week to be held May 1-7, Councilmember Enrooth commented 13 that, if the City had a float by that time, it could be tied 14 in with -the City' s observance. Councilmember Ranallo explained 15 to the Bulletin newswriter that a number of. balloons would be 16 released from St. Anthony at 1 : 00 P.M. that Wednesday in unison 17 with those to be released by other cities all over Minnesota. 18 Plans for Ad Hoc Recycling Task Force Finalized 19 Recognizing just how imperative it was for the City to get started on 20 a recycling program and perceiving the need to get resident input on • 21 how that should be handled, the Council concurred with the following: 22 *a news story in the- next week' s Bulletin; 23 *ten persons, including Councilmember Enrooth as Council liaison, 24 would be appointed by the Mayor and Councilmembers during the 25 March 29th Council meeting; 26 *duties of the Task Force should include the seven recommended in 27 Mr. Childs ' memorandum; 28 *deadlines for this ad hoc commission should begin by April 1st 29 and their initial recommendations and conclusions reported out 30 no later than June 1 , 1988, with further activities as necessary 31 and as Council directs, thereafter; 32 *staff support would be provided by the Public Works Director, 33 Larry Hamer. 34 NEW BUSINESS 35 Layne Minnesota Selected to Make Necessary Modification to Well #5 • 12 • 1 Motion by Marks, seconded by Makowske to accept the low bid of . 2 $14 ,045. 00 and award the contract for making the necessary modifica- 3 tions to Well #5 to Layne Minnesota, as recommended by staff. 4 Motion carried unanimously. 5 UNFINISHED BUSINESS 6 Water Rate Ordinance Adopted 7 Motion by Makowske, seconded by Enrooth to approve the third reading 8 and adopt Ordinance 1988-003 . 9 ORDINANCE 1988-003 10 AN ORDINANCE RELATING TO WATER RATES; AMENDING 11 SUBDS. 2 AND 3 OF SECTION 550 : 00 OF THE 1973 12 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY 13 Motion carried unanimously. 14 Several people were still sitting in the chambers and they were asked 15 if they had any further business to bring before the Council. 16 Parkview Issue Revisited •17 David Petrie, 3505-36th Avenue N.E. 18 *indicated he was one of the persons who had written letters on 19 the issue to the Mayor and Councilmembers; 20 *assured them that whatever initial impression they might have 21 gotten, he was not anti-business ; 22 *perceived the 200 people who showed up at the February 24th 23 school hearing and the Councilmembers shared some of the same 24 concerns about what was going to happen to Parkview; but 25 *still wanted to know why, if moving the fire station to the 26 gymnasium was no. longer being considered, the Council was still 27 interested in acquiring the building for the City. 28 Sundland told Mr. Petrie at $36 ,000 a year, the City has been paying 29- the school district $432 ,000 . 00 in rent over the last 12 years. He 30 said when the School Board first indicated they no longer had a need 31 for the building and offered to give it to the City, it sounded like a 32 good idea which would give continuity to Parkview' s use as a Community 33 Center. 34 Marks said he perceived another reason the City wanted the building 35 had been to better distribute its services by consolidating the •36 office and other types of services. The Councilmember pointed out 13 1 that one of the most important services the City provides is emergency • 2 service which is provided by both the Police and Fire Departments who 3 are now housed in different locations. He said emergency vehicle 4 runs up Silver Lake Road are now 2 to 3 times more apt to be medical 5 calls than response to fires and it seemed to him that more uniform 6 service could be provided if all emergency services were brought 7 together in one location. Councilmember Marks indicated he would also 8 suspect the City would operate more efficiently if all services 9 were consolidated, which in view of the loss of federal and state help 10 might in the long run lessen the City' s need to raise taxes. 11 Ranallo reiterated that it had been at a time when the school had been 12 renegotiating a new lease with the City that the School Board had 13 indicated to the City negotiators that they needed no part of 14 Parkview. Then, after the City had indicated an interest, the school 15 amended that to say they needed the gym, and later, the day care 16 center. He said at first the school perceived all the services they 17 had in Parkview could be moved to the High School , but now that had 18 also changed. 19 The Councilmember pointed out that the City had already gone to the 20 expense of remodeling its administration and police space, which 21 continued to be separated from each other. 22 Enrooth indicated there were still almost $80 , 000 major repairs which 23 had to be made to the building, and the heating system, which have 24 caused problems for the City as tenants but which the school continues • 25 not to deal with at all. 26 David M. Prickett, 3424 Croft Drive 27 *said it didn' t matter who paid for the repairs since it was the 28 taxpayers who had to pay the bill in the end, anyway; 29 *disputed the lack of City exposure because "you have to go to 30 Fargo to hear the school band" and the City has no float by 31 telling the Councilmembers he had been amazed to see the young 32 people who came to the school hearing because they were thankful 33 the City had provided them with a community center which 34 "offered a day care center without fire station in it. " 35 Mayor Sundland reiterated that he perceived it was now up to the 36 School Board to justify transferring Parkview to the City of St. 37 Anthony. He cautioned, however, that, if the school district retained 38 the building and then merged with another school district, the 39 expanded organization would then own all the Parkview property and 40 not just the St. Anthony taxpayers. He added that what he perceived 41 few residents realized was that the City' s Comprehensive Plan dictates 42 that this property can be used for "public use only" , which, in this 43 case, means either the school or the City, and not . for homes or 44 offices as some have suggested. • 14 0 1 The Mayor said he thought the Council owed it to its constituency to 2 listen to what the school offers, but at the same time also has the 3 responsibility of examining other options for housing the City' s 4 services. 5 Judith Petrie, 3505 - 36th Avenue N.E. 6 *thanked the Council for letting them give their viewpoint on the 7 issue; 8 *admitted most of those present that evening had failed to try to 9 personally get in touch with Councilmembers; 10 *said they had found they had to dig out any information they 11 got from the School Board; 12 *thought the School Board should have been "exhilarated" to see 13 all the young couples who showed up at the hearing and spoke so 14 passionately about the programs offered at Parkview; 15 *said many of them had indicated they had bought their homes in 16 St. Anthony because of these programs ; 17 *thought the school district would be better off keeping control 18 of Parkview so they could continue to offer the programs to many 19 of the young people who were at the hearing who are renters but 1020 who the school should have an invested interest in keeping in 21 the district; 22 *said she had found out that the school could legally only lease 23 to two affiliated school businesses but the City could rent to a 24 whole gamut of businesses from which it could probably get more 25 money than from a public agency; 26 *was concerned that, although the current City Council had 27 indicated it intended to uphold the Comprehensive Plan, a 28 different Council in five years might not underline its 29 .importance; 30 *told the Councilmembers there' s no place else for the early 31 childhood program to go because Wilshire is filled; it would 32 cost $277 ,000 to convert the empty room in the high school for 33 the program which was not acceptable; 34 *debated the assumption that there would never again be enough 35 students to fill the high school; 36 *agreed with the Mayor that persons like herself should be 37 dealing with the School Board; 38 *concluded by saying that was what they were doing and the Board •39 members "weren' t too happy with them" as a result. 15 1 Ranallo reiterated that the Council hadn' t gotten that type of 2 resident input when they sat down to discuss the same issues with the 3 School Board in the Council Chambers in September. He urged all 4 present to call the Councilmembers whenever they had a question the 5 Council could answer, cautioning them at the same time, to remember 6 that the Councilmembers couldn' t answer for the School Board on some 7 of the questions they had raised that evening. 8 Sundland indicated he had been trying to tell school officials for 9 many years that one of the biggest mistakes they had made over the 10 last 16 years was to forget that only between 16% and 180 of the 11 homeowners had children in the District School and that any one who 12 hoped to convince those who don' t that the school should be retained 13 should be careful not to alienate the majority. He indicated he 14 perceived from what the recent survey had told the Council that the 15 School District would have a hard time getting a referendum through 16 because people who don' t have kids in the St. Anthony school don' t 17 know enough about the school; don' t understand it; or haven' t been 18 given the opportunity of getting better acquainted. The Mayor said 19 he thought it would take a little extra massaging of those who don' t 20 have St. Anthony students to get them to see the viewpoint of those 21 who do. 22 He and several of the councilmembers pointed to the fact that the 23 Focus newsletter sent to the parents of St. Anthony students could 24 have been distributed to the whole community over the years to let 25 them know what was going on in the school and to keep the residents 26 enthusiastic about their community school. 27 Ranallo indicated he had put three daughters through the St. Anthony 28 High School but now was facing having to get rid of a five bedroom 29 house whose value couldn' t help but be diminished if St. Anthony had 30 no school. 31 Enrooth agreed that most of the Councilmembers had lived in the 32 community for more than 20 years so the issues raised that evening by 33 "a lot of you people who haven' t lived here that long aren' t really 34 new to us at all. " 35 Marks reported he had got a number of calls before the school hearing 36 and to him the whole issue had taken a "rather interesting and 37 frustrating turn" because he and Councilmember Enrooth had been the 38 Council representatives who met with the School Board a year and a 39 half ago where a School Board member had just made the suggestion 40 that the City should take over the Parkview building outright because 41 the school district just didn' t need it any more and now there' s a 42 community perception that the City is trying to put • one over on the 43 school district" which causes him to take offense at some of the 44 comments he ' s heard lately to that effect. 45 *he had gotten a good number of calls before the February 24th 46 hearing; • 16 � 1 *resented the implication that the Council "didn' t care about the 2 school kids " when "we really do care a lot. " ; 3 *the Council had not been given all the facts by the school which 4 "they might not have themselves at this point. " ; 5 *that he perceived the job of scheduling the time for the various 6 gyms had to rest with the school administration and not the 7 City. 8 Sundland indicated that when he had followed the urging of the rest of 9 the Councilmembers to "keep communications open" between himself and 10 the School Board members to whom he had been assigned to work things 11 out. That had not worked out too well, however, because some people 12 were now saying there was some sort of collusion between the two 13 bodies. 14 ADJOURNMENT 15 Motion by Ranallo, seconded by Marks to adjourn the meeting at 9: 10 16 P.M. for the St. Anthony Housing and Redevelopment Authority which 17 followed at 9 : 20 P.M. 18 Motion carried unanimously. 19 Respectfully submitted, 20 Helen Crowe, Secretary 21 22 Mayor 23 ATTEST: 24 City Clerk 25 :cjk 17 C 2 TY O F S T . ANTHONY HOU S 2 N G AND RED EVE L O PMENT •` AUTHOR=TY M 2 NUT E S MAR C H 8 1 9 8 8 1 The meeting was called to order at 9: 20 P.M. by Chair Sundland. 2 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ 3 Treasurer Marks, and Commissioners Makowske 4 and Ranallo. 5 Also present: David Childs, Executive Director 6 William Soth, H.R.A. Attorney 7 FEBRUARY 24 , 1988 H.R.A. MINUTES 8 Motion by Marks, seconded by Ranallo to approve as presented. 9 Motion carried unanimously. 10 CLAIMS 11 Motion by Ranallo., seconded by Enrooth to approve payment of $146. 25 12 to the Dorsey & Whitney law firm for legal services rendered the 13 H.R.A. in January, 1988 , having to do with final development of the �14 Kenzie Terrace Redevelopment project. 15 Motion carried unanimously. 16 STAFF UPDATE ON KENZIE TERRACE REDEVELOPMENT PROJECT - CHILDS AND SOTH 17 Childs reported: 18 *Gaughan had consented to putting up $20 ,000 which Lang/Nelson 19 surpassed by agreeing to the $40 ,000 the H.R.A. had said it 20 needed . as a guaranty the project would be finished; 21 *he and Mr. Soth had not been quite ready to recommend accept- 22 ance of the latter without first telling the H.R.A. what Lang/ 23 Nelson' s contingencies would be for doing that; 24 *they would be meeting with Lang/Nelson the rest of the week and 25 it was very possible the differences might be worked out by 26 the middle of- next week so the H.R.A. could hold a special 27 meeting where either Gaughan or Lang/Nelson would hopefully 28 present the $360 ,000 Letter of Credit as well as either the 29 $20 ,000 or $40,000 option payment and siqn the Redevelopers 30 Agreement; 31 *he was not yet sure which would happen since both developers •32 seem to want to do the project. 1 In relation to the Lang/Nelson talks , the Executive Director said the • 2 negotiator, Mr. Brewer, had brought in a conditional commitment from 3 Juran and Moody to finance the project, which he perceived Lang/Nelson 4 and the financing firm hadn' t yet negotiated fully. He added that 5 those negotiations couldn' t be completed until the next Monday when 6 all the Juran and Moody people would be back from Hawaii. So, of 7 course, the Lang/Nelson negotiator was reluctant to hand over the 8 $40 ,000 check before those negotiations were finalized. 9 Soth reported one thing Lang/Nelson had said they were prepared to do 10 was to put $40,000 at risk if they were designated as the project 11 developers. However, because of the uncertainties surrounding the 12 financer ' s contingencies, he and Mr. Childs had been reluctant to make 13 a firm recommendation to the H.R.A. before next Monday. 14 Childs indicated another issue he perceived the H.R.A. should 15 consider was the possibility that Lang/Nelson might want to construct 16 three buildings, which would change the building footprints a bit and 17 leave less green space, but would permit the developers to enlarge 18 the unit size to meet what they perceive to be the market demand. He 19 said it would be up to the H.R.A. and Planning Commission to interpret 20 how significant those changes were when it came to deciding whether 21 public hearings were necessary, but added whatever number of 22 buildings there were, Lang/Nelson would be doing the project all at 23 one time. 24 Ranallo restated his opinion that $20 , 000 difference between the two • 25 offers wasn' t that much money and he thought the City should stay 26 with Gaughan whose plan he liked best. 27 Soth told him he would have been a lot more comfortable with 28 designating Gaughan as developer if they had come right out and 29 indicated they intended to do the project and were only waiting to 30 find out what they had to do to get it done, rather than indicating 31 they wanted to get "everything" and telling the negotiators it was 32 O.K. with them if they found another developer. 33 Sundland agreed that Gaughan had not kept their original promise to 34 the H.R.A. to sign the agreement first and "button down" the details 35 later. 36 Childs indicated, on the other hand,. that he knew from financial 37 people Gaughan was negotiating with, that the developer was working 38 hard trying to get financing. He also said the Gaughan architect had 39 told him he was working on different plans for the project every day 40 that the developer was talking to financial institutions to try to get 41 backing. He added that there were people looking at the project for 42 both developers every day and perceived it would be better for the 43 next five days to let both keep on working to get the best financing 44 deal they can. The Manager told Mr. Soth he had gotten a call from 45 Paul Brewer of Lang/Nelson after. he had talked to the attorney, which 2 • • 1 indicated they wanted to work on the Redevelopment Agreement this week 2 so they wouldn' t have to waste time on it next week. 3 Soth told Commissioner Ranallo that considering there would . still be 4 200 units in the project, public hearings on Lang/Nelson' s changes 5 might not be necessary, depending on how significant those changes 6 might be. 7 Childs indicated the developers perceived they needed the extra 100- 8 200 square feet per unit to be successful in marketing the project, 9 which the Vice Chair indicated from a marketing perspective , he 10 couldn' t argue with. 11 Makowske agreed larger units might be better for the project. 12 ADJOURNMENT 13 Motion by Ranallo, seconded by Marks to adjourn the H.R.A. meeting at 14 9: 35 P.M. for an informal discussion of timetables for Executive 15 Sessions relative to the water contamination litigation. 16 Motion carried unanimously. 17 Respectfully submitted, �18 Helen Crowe, Secretary 19 • 3 C=TY OF S T _ ANTHONY • C OUN C= L M 2 NUTS S MARL H 2 9 , 1 9 8 8 1 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led 2 by Mayor Sundland. 3 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 4 Also present: David Childs, City Manager 5 Larry Hamer, Public Works Director 6 MARCH- 8, 1988 COUNCIL MINUTES 7 Motion by Ranallo, seconded by Enrooth to approve the above with the 8 following changes: 9 Page 3 , line 32: Substitute 11$3 , 242 . 00" for $32 , 242. 00" . 10 Page 4 , line 3 : Substitute "there" for "thee" . 11 Page 4 , line 28: Substitute "Hands" for "Court" . 12 Page 5 , line 18 : Substitute "Read from a prepared text" for 13 everything beyond "fifth grader" . 14 Page 5, line 42 : Substitute "he" for "her" . - 15 Page 7, line 24 : Substitute "issue" for "conflagration" . 66 Page 7 , line 9: Insert "tax" before "reform" . 7 Page 7 , line 11: Substitute "proper" for "property" . 18 Page 7 , line 28: Delete "When" at the beginning of line. 19 Page 8, line 3 : Correct spelling of "Dorothy"'. 20 Page 17 , line 4 : Substitute "had" for "have" and "that" for 21 "this" . 22 Page 17 , line 8: Delete "when" . 23 Page 17, line 10: Delete everything after "School Board" . 24 Page 17, line 11: Delete "out" at beginning of line. 25 Page 13 , line 28: Substitute "paid" for "been paying" . 26 Motion carried unanimously. 27 LICENSES/PERMITS/PETITIONS 28 Motion by Marks, seconded by Ranallo, to grant the following licenses 29 as listed in the March 29 , 1988 Council agenda packet: 30 Amusement Devices Juke Box 31 St. Anthony Fun Center ( 30 ) Slick' s Alternative 32 Apache Plaza Ltd. ( 34 ) 33 Slick' s Alternative (2) Rubbish Removal 34 35 Service Station Woodlake Sanitary (renewal) �6 Apache Mobil Service (renewal) 1 1 Contractors 2 Campbell Construction, Coon Rapids • 3 Kraus-Anderson Construction Co. , (renewal) 4 Gibraltar Mausoleum Construction (renewal) 5 Nedegaard Construction Co. , Inc. (renewal) 6 Jerald J. Boxeby Construction Co. , Blaine 7' Patio Enclosures (renewal) 8 Reliable Builders, Inc. , Roseville 9 Central -Roofing Co. , Minneapolis 10 Horizon Development (renewal) 11 Heating Cigarettes 12 Ward' s Service Company J & S Auto Service (renewal) 13 Clochie Coffee House (renewal) 14 Red Owl Stores, Inc. , Apache 15 Motion carried unanimously. 16 Apache Restaurant Wine and 3 . 2 Beer Licenses Held Up 17 Mr. Childs reported that during the investigation the State requires 18 the City make before issuing an alcoholic beverage license, staff has 19 learned the restaurant owed back taxes to the State and that the County 20 Health Department had also requested the City hold up on the license. 21 Motion by Makowske, seconded by Marks to table action on the CUU Long • 22 Restaurant license applications for further information from staff. 23 Motion carried unanimously. 24 Motion by Sundland, seconded by Enrooth to renew the 3 . 2 beer license 25 for the St. Anthony Lanes. 26 Voting on the motion: 27 Aye: Sundland, Enrooth, Ranallo, Makowske. 28 Nay: Marks. 29 Motion carried. 30 The information the Council had requested at the previous meeting 31 related to the fees Community, Services charges for softball tournaments 32 was given by the City Manager. 33 Motion by Ranallo, seconded by. Enrooth to approve date changes from May 34 7th and 8th to April 30th and May 1st for- the softball tournament for 35 which a beer in the park permit had already been issued to Bob 36 Verkins, who had requested the change. 2 • 1 Voting on the motion: 2 Aye: Ranallo, Enrooth, Sundland, Makowske. 3 Nay: Marks. 4 Motion carried. 5 CLAIMS 6 Motion by Ranallo, seconded by Marks, to approve payment of all city 7 accounts payable listed for February 29th and March 7th and 29th in the 8 March 291 1988 agenda packet. 9 Motion carried unanimously. 10 Motion by Marks, seconded by Ranallo to approve payment of $1,933 . 00 11 for 1988 Northern Mayors ' Association dues in accordance with 12 Resolution 88-006 passed February 9 , 1988. 13 Motion carried unanimously. 14 Motion by Marks, seconded by Ranallo to approve the following payments 15 to Rieke-Carroll-Muller Associates, Inc. : 16 $1, 141. 61 for the sanitary sewer study, a7 $600 for the analysis .of the City' s water use, 18 $1 , 453 .18 for the storm sewer study, 19 $15, 360 for engineering services relative to the St. Anthony 20 Boulevard MSA project and portions of the Kenzie Terrace pro- 21 ject, which are related. 22 Motion carried unanimously. 23 Motion by Makowske, seconded by Enrooth to approve payment of 24 $26, 082 . 04 to the Metropolitan Waste Control Commission for March sewer 25 services. 26 Motion carried unanimously. 27 REPORTS 28 MARCH 15 , 1988 PLANNING COMMISSION MINUTES - RON HANSEN 29 Council Approves $25 , 222 CDBG Funding Activities 30 Before the above action was taken, Councilmember Ranallo indicated for 31 the record that Ramsey County had inquired why St. Anthony couldn' t 32 allocate the CDBG funds it had coming this year towards correcting its 33 water contamination problems. He said he had told them both the Kenzie 34 Terrace pedestrian signal and sidewalk projects represented long- 5 standing commitments to the Kenzington residents. The Councilmember 3 1 also said he had indicated this year ' s $15 , 000 payment for the signal 2 would be the last of three payments for that project. Councilmember • 3 Makowske added that the City perceived sidewalks along Kenzie Terrace 4 would provide for the safety and well being of the current and 5 potential senior residents in that area. 6 Motion by Marks , seconded by Ranallo to adopt Resolution 88-012 which 7 allocates St. Anthony' s $25, 222 Year XIV Community Development Block 8 Grant funds for the following planning activities recommended by the 9 Planning Commission: 10 Kenzie Terrace Pedestrian Signal Project $15,000 11 Kenzie Terrace Sidewalk Project $ 6 , 442 12 Senior Citizens Social Programs $ 3 ,780 13 RESOLUTION 88-012 14 A RESOLUTION APPROVING PROPOSED PROGRAM FOR YEAR XIV 15 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT 16 BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL 17 Motion carried unanimously. 18 Council Rejects Proposed TCF Bypass Lane 19 Before any testimony was taken related to the Commission' s inclusion 20 of the fifth lane in its recommendation for a conditional use permit • 21 for TCF' s expansion plans at their 3899 Silver Lake Road location, the 22 following statements were made: 23 Sundland indicated he was opposed to having the bypass, believing it 24 would not be productive. He agreed with the neighbors ' expectations 25 that traffic problems would be created by channeling vehicles from five 26 lanes into one exit. The Mayor said he expected adding 11 more parking 27 spaces on the site would do more to correct congestion than a fifth 28 lane of black top. • 29 Enrooth suggested the fourth lane could be further expanded to 30 accommodate large emergency vehicles. He said he was prepared to 31 approve the additional two drive-up lanes, but would strongly oppose 32 adding a fifth lane of black top just to accommodate an increase in 33 business four or five days a month. He added that he perceived TCF 34 was getting , a ."good deal, even without the fifth lane" . 35 Makowske indicated she thought "bypass" was only an euphemism for 36 getting an extra lane for easier parking. She agreed that there was a 37 need for four drive-up lanes but said she would also oppose putting any 38 more black to on the site. 39 Marks said he would be interested in hearing what the bank had to say 40 about its future plans for the bank before indicating his intent. • 4 1 Robert Galush, Assistant Vice President and Facilities Manager for TCF 2 Banking and Savings FA: 3 *said TCF had perceived their existing drive-up facilities were 4 not effective enough to take care of all the checking customers 5 the bank had added since the 1982 deregulation; 6 *reiterated the arguments TCF representatives had made during the 7 February 16th and March 15th hearing on those expansion plans 8 related to the need for a bypass lane to accommodate not only 9 emergency vehicles but to also give drivers who missed the drive 10 up lanes the first time or who changed their minds about using 11 that service after they had gotten into a lane the opportunity 12 for finding parking space on the site without going out on 39th 13 Avenue to turn around or park; 14 *reported TCF' s other operations without a bypass lane hadn' t 15 worked out as well as the ones like the Highland and Roseville 16 operations who had that extra lane; 17 *described the new teller equipment the bank would be installing 18 which would increase the efficiency of the tellers thereby .elim- 19 inating stacking of cars in the bypass lane which could interfere 20 with vehicles making a second pass through the site. •21 Jeanne Keller, the Apache Bank Manager: 22 *told Councilmembers free checking had brought in a lot more 23 customers since 1982 but she didn' t think there would be need 24 for further expansion of the drive up system because the pro- 25 posed four lanes should take care of any increased demand from 26 now on. 27 Ranallo Recalls Type of Operation City Had Originally Approved 28 The Councilmember said the neighbors had reluctantly gone along with 29 having a low traffic savings and loan operation in their neighborhood 30 never expecting it to turn into a full service bank with a lot more 31 traffic for their neighborhood. He said he had opposed giving TCF a 32 variance for a larger sign believing that wasn' t fair to other 33 merchants with less signage at that time. Councilmember Ranallo 34 indicated he was a TCF shareholder who, of course, wanted to see the 35 bank do well, but, seeing the position of neighboring homeowners, 36 wouldn' t want to see a full service bank next to his home either. He 37 said he was willing to have the drive up lanes increased to four but 38 would in no way vote for a fifth lane of concrete. 39 Sundland also recalled the neighbors had been forced to "swallow a 40 bitter pill" with the original proposed low level commercial use in 41 their neighborhood, perceiving that was their best option when compared 42 to some of the others like a strip shopping center the property owner •43 was threatening to put on this site. He said he had at first 5 1 considered preventing any right hand turns for drivers using 39th 2 Avenue as an exit, but the neighbors had convinced him that might pose • 3 problems for some of them. However, he said he would only vote to 4 approve a conditional use permit for two additional drive-up lanes if 5 the bank put a stop sign at their 39th Avenue exit. The Mayor 6 reiterated a fifth lane would be unpalatable to him because no real 7 hardship had been shown to justify its inclusion in the expansion 8 plans. He added that as far as emergency vehicles went, they would 9 just have to drive on the grass to reach the bank building. 10 Mayor Sundland indicated he also recalled the bank had run into some 11 marginal soil on the south side of the building during construction and 12 he agreed with Mr. Galush that the southern portion of the bank' s 13 property was still zoned for residential and not commercial use, 14 contrary to the sign their real estate company had erected indicating 15 the lot was "available for commercial development. " 16 The bank official said he had that sign taken down a year ago. He told 17 the neighbors that whatever the Council decided to do about the bypass 18 lane, TCF intended to "remain a good neighbor to residents who live 19 near our bank. " Mr. Galush urged them to continue to let the TCF 20 management know whenever they are unhappy about something that' s going 21 on at the bank "to keep them from becoming too complacent. " 22 In spite of assurances that the bypass lane was not going to be 23 approved, several neighbors were allowed to reiterate their objections • 24 to that part of TCF' s proposal. 25 George Thompson, 3015 - 39th Avenue N.E. , said: 26 *in the 18 years he had lived across from TCF, he had. never seen 27 a good- reason to have an emergency lane; 28 *reported another neighbor, Duane Stanley, who had spoken against 29 the proposal during the last Commission hearing, had called him 30 to say he would be unable to attend the meeting, but wanted 31 Mr. Thompson to let the Council know he still opposed the by- 32 lane; 33 *suggested the bank' s west entrance had little usage and by 34 changing putting an entrance on the south side of the building, 35 TCF might solve a lot of the traffic and parking problems; 36 *reiterated that he would prefer having bank customers driving 37 back out on 39th Avenue to park rather than having to look at 38 another lane of black top on his side of the property or having 39 the bank attempt to replant those healthy maples on a berm. 40 Ruth Nelson, 3916 Macalaster Drive, indicated she had been one of the 41 neighbors who had originally been. opposed to putting even a savings and 42 loan in that residential area and she didn' t think "TCF should be • 6 � 1 looking for any more business than it already has so close to the 2 homes in that area. " 3 Hansen Explains How Bypass Lane Had Evolved 4 The Commission representative indicated the bypass lane had not been 5 part of TCF' s original proposal and had only been added as one of the 6 recommendations from the firm retained to research better traffic flow 7 and parking patterns for the property in response to complaints from 8 neighbors at the February 16th Commission hearing about bank customers 9 driving back out on 39th Avenue to park when they were unable to use 10 the drive up facilities or park near the bank. 11 Council Action 12 Motion by Makowske, seconded by Enrooth to grant a conditional use 13 permit to TCF Banking and Savings FA to allow the proposed expansion 14 of their existing drive up facilities on the north side of the property 15 at 3899 Silver Lake Road from two to four lanes subject to: 16 1 . TCF following through with all the landscaping shown on the 17 revised site plans presented at the Planning Commission' s March 18 15, 1988 meeting by: 19 a. making every effort to save the existing maple trees on the 0 north side; 1 b. berming that area up by at least two feet; and 22 C. providing whatever additional landscaping is needed to buffer 23 the new facilities from the neighboring residential areas 24 north of TCF' s property. 25 2 . A stop sign being installed at the end of TCF' s driveway exiting 26 on 39th Avenue N.E. 27 In granting the conditional use permit, the Council finds, as did the 28 Planning Commission, that: 29 1. TCF had responded in the affirmative to all three questions re- 30 lated to conditions which must be satisfied before a conditional 31 use permit can be authorized; and 32 2. Bank officials had addressed all major issues raised by the 33 neighbors during the February 16th public hearing on their request 34 and the traffic study the Commission requested at that hearing 35 appears to have produced a plan which should work well for this 36 site. 37 Motion carried unanimously. 38 Motion by Marks , seconded by Makowske to grant the necessary variance 39 to allow expansion of the existing canopy on the north side of the TCF �0 property at 3899 silver Lake Road to within 31 feet of the north 7 1 property line where the City ordinance requires a setback of 35 feet. • 2 The Council finds, as did the Planning Commission, that: 3 1. TCF had responded in the affirmative to all three questions 4 related to conditions which must be satisfied before such a vari- 5 ance can be granted; 6 2 . The traffic study of the site satisfactorily addressed all the 7 major issues raised by the neighbors at the February 16, 1988 8 public hearing as well as those raised during the Commission' s 9 further discussions, March 15th and the Council' s considerations, 10 March 29th. 11 Motion carried unanimously. 12 Massage Therapy Approved for Rehab Dynamics 13 Commissioner Hansen indicated the Commission had to a great extent 14 based their recommendation for the above on the excellent presentation 15 given by staff which addressed not only this request, but established 16 standards for all future massage therapy in the City. 17 David Nechas, 4540 Ranchview Lane, Plymouth, MN, Rehab Dynamics, Inc. 18 Partner and Vice , President, was present to discuss his company' s 19 application in the agenda packet. He reiterated that the services 20 his company offered had to be both federally and state approved before 21 they could be -Medicare certified and that there had to be ongoing 22 medical procedures offered their clients to keep that certification. 23 Councilmember Enrooth indicated he thought as long- as massage therapy 24 was administered in a medical building only from 8: 30 A.M. to 5: 00 25 P.M. from Monday through Friday, there was little chance of that 26 therapy evolving into anything less than a legitimate medical service. 27 Council Action 28 Motion by Ranallo, seconded by Marks to grant Rehab Dynamics, Inc. a 29 conditional use permit for its facilities located in Suite 220 of the 30 Apache Medical Center, 4001 Stinson Boulevard N.E. , for the purposes 31 of providing a therapeutic massage service as part of its 32 rehabilitative occupational/physical therapy program subject to the 33 following conditions recommended by the Planning Commission. 34 1 . The massage therapy being restricted to Medicare approved hours 35 of operation. 36 2. The permit would automatically revoked if there is any violation 37 of applicable City or state statutes related to criminal sexual 38 conduct by any person associated with the operation. 39 3 . The massage therapy offered in this rehab center must comply with 40 the code of ethics and definition of massage therapy established • 8 • 1 by the American Massage Therapy Association which had been pro- 2 vided by the applicants during the Commission' s March 15th hear- 3 ing on the request. 4 Motion carried unanimously. 5 90 Day Moratorium Imposed on Pylon Shopping Center Signage 6 Commissioner Hansen reported the above recommendation, saying the 7 Commissioners perceived they would need at least 60 days to complete 8 their study. 9 Commissioner Ranallo said he could see the necessity for declaring a 10 moratorium on any further signage while the Commission was working on a 11 clarification of what the term "shopping center" meant in the City Sign 12 Ordinance. 13 There was concurrence that the Commissioners would probably be able to 14 do a more thorough job if they were given 90 rather than just 60 days 15 to complete their study. 16 Council Action 17 Motion by Marks , seconded by Sundland to declare a 90 day moratorium on 18 new applications for pylon shopping center signage during which time 0 1 9 the Commission can research and make a recommendation related to the 0 definition of "shopping center" as it is used in the current City 21 Zoning Ordinance. 22 Motion carried unanimously. 23 NEW BUSINESS 24 Easement Vacation Approved at 2416 - 34th Avenue N.E. 25 This request had been moved up on the agenda so a decision would be 26 made while Commissioner Hansen and Commissioner Brownell, who had 27 accompanied him as an observer, were still present. 28 Included in the agenda packet had been a copy of the letter from Steve 29 Fuchs , owner of the property, requesting the City to vacate 5 feet of 30 the 15 foot utility easement the City had on his property so he could 31 add a third stall to his existing double garage. Also included was 32 the Public Works Director ' s March 23rd memorandum recommending Council 33 approval. 34 Mr. Hamer explained that there is a 30 foot wide easement for water and 35 sanitary sewer lines which runs over property lines from 34th and 36 Roosevelt to Roosevelt Court. Therefore, his department should have no 37 problem servicing the sewer lines from the 25 feet which remain after 38 the 5 foot vacation. Because the sanitary sewer line is 7 feet deep, �9 chances of a blow out would be minimal, according to the Public Works 9 1 Director. He also indicated Mr. Fuchs was willing to sign an • 2 agreement to pay any legal expenses associated with the change and not 3 to hold the City responsible for any .damage to his property which 4 might occur with a major failure of either water or sanitary sewer 5 lines lying within this easement. 6 During the discussion of the $200 Mr. Fuchs would be charged to .cover 7 legal costs, Councilmember Enrooth commented that he thought the 8 applicant was getting a bargain considering what it would cost the City 9 to have the City Attorney review the documents and to publish the 10 necessary notices before a vacation can be allowed. Mr. Fuchs stated 11 the reason he had wanted to be there that evening in person was to 12 reinforce his willingness to comply with all conditions the City set 13 for vacation so he could get started on the garage addition as soon as 14 possible. The applicant reported checking with the County Assessor 15 regarding the raise in property taxes he could expect from the 16 addition. He said he had concluded from this conversation that the 17 City would also gain quite a bit of taxes from the addition. 18 Council Action 19 Motion by Marks, seconded by Enrooth to authorize staff to proceed with 20 the proposed vacation of five feet of the 15 foot utility easement 21 the City has on the property at 2416 - 34th Avenue N.E. which would 22 allow the owner, Steve Fuchs, to construct the proposed third stall to 23 his existing garage on that side of his property. 24 Motion carried unanimously. 25 COUNCIL REPORTS 26 Sundland acknowledged the presence of John Wepke, who was filling in 27 for Larry Jones the Bulletin news writer. 28 Early Childhood Week Proclaimed 29 The Mayor had distributed copies of his proclamation declaring the week 30 of April 10-16 as the Week of the Young Child,. which he had issued in 31 cooperation with a similar proclamation by School District #282. 32 Makowske reported she had received a call from a resident who inquired 33 whether the City would be replacing sod damaged by snow plowing. 34 Enrooth and Ranallo indicated they had received calls and had 35 conversations with residents who complained about higher than usual 36 raises in their property valuations this year. 37 Mr. Childs suggested he might be able to save those residents a trip to 38 the April 12th Board of ;Review by getting explanations of those raises 39 from the County Assessor"s office for them in advance of that meeting. 40 The Council accepted his suggestion after briefly discussing the • 10 • 1 factors like sales of like properties which the assessors use to 2 establish valuations but which most taxpayers find hard to comprehend. 3 Stonehouse Open House Turnout Gratifying 4 Councilmembers who had been able to attend the above function the 5 previous Saturday, reported how pleased they had been to see the 6 parking lots overflowing all afternoon and to have residents tell them 7 how pleased they were with the improvements and addition of food in 8 the establishment. 9 Late Evening Canvassing Discussed 10 Ranallo reported receiving a complaint from a widow who had called the 11 City police because a man who was door knocking at 8 : 30 P.M. persisted 12 in ringing her doorbell when she didn' t answer the bell. Mr. Childs 13 indicated he didn' t think the City ordinance specified a time for 14 canvassing. He said he would talk to the City Attorney when he got 15 back to town and would be willing to research how other municipalities 16 deal with the issue "although St. Anthony' s ordinances were usually 17 more stringent. " 1.8 Marks said he thought this only involved a poor judgement call by one 19 person because most canvassers know it' s not advisable to door knock 20 after dark. •21 Marks Recommends Tour of League of Cities National Headquarters 22 The Councilmember indicated he had visited the above while in 23 Washington and had been given a real welcome from the National League 24 of Cities personnel who were in the building. 25 St. Anthony Well Represented at High School Basketball Tournament 26 Councilmember Ranallo noted two of Planning Commissioner Franzese' s 27 sons had played for St. Thomas Academy and Councilmember Makowske said 28 one resident had been on the first place DeLasalle team. 29 DEPARTMENTS AND COMMITTEES 30 After brief discussions, the following reports were ordered filed: 31 *Hance & LeVahn Ltd. report on criminal matters they had handled 32 at the Hennepin County District Court session March 2nd; 33 *December and January Financial reports. 34 Engineers Reports on Storm and Sanitary Sewer Systems Due the Middle of 35 April 36 Mr. Hamer indicated he had the preliminary reports in his office and i37 invited Councilmembers to feel free to drop in to discuss the 11 1 recommendations with him before Rieke-Carroll-Muller Associates give • 2 their formal Council presentation sometime around the middle of April. 3 CITY MANAGER REPORTS 4 Council Invited to Participate in Apache Recycling_ Demonstration, 5 April 17th 6 Mayor Sundland and Councilmember Marks indicated they thought they 7 could be present and the other three Councilmembers were requested to 8 let the City Manager know if they would be able to attend the April 9 17th dedication a Hennepin County Recycling display with Commissioner 10 Sivanich. Mr. Childs thought it might also be beneficial to include 11 the members of the Recycling Task Force at this meeting. Councilmember 12 Enrooth reaffirmed willingness to serve as the Council' s liaison. Mr. 13 Childs reported receiving calls from Paul Norr, 2832 Coolidge Street, 14 and Martin Lunde who lives on 33rd Avenue. Councilmember Ranallo 15 indicated Bill Zawislak, 2500-35th Avenue N.E. would be his appointee 16 and the Mayor stated that Keith Pearson, 3501 Belden Drive would 17 probably be one of his appointees. Mr. Hamer said he was prepared to 18 work with the Task Force and had been clipping articles from newspapers 19 which they might find helpful in their recycling research. He also 20 offered to set up a tour of the Newport facility to see the regional 21 waste-to-energy center there. 22 Mr. Childs indicated he intended to tie in the "Keep America Beautiful • 23 Day" , April 30th, with St. Anthony' s observance of "Cities Week" , May 24 1-5 in the April Newsletter. Chief Hickerson' s vacation in the 25 Indonesian Islands was discussed briefly before the staff report was 26 ordered filed. 27 NEW BUSINESS 28 Employee Mileage Rates Raised to Federal Levels 29 Motion by Ranallo, seconded by Enrooth, to adopt the resolution which 30 would increase the above rates by 2-1/2 cents as recommended by Finance 31 Director, Carol Johnson. 32 RESOLUTION 88-011 33 A RESOLUTION INCREASING THE RATE OF REIMBURSEMENT 34 FOR THE USE OF AN EMPLOYEE' S VEHICLE FOR 35 OFFICIAL CITY BUSINESS 36 Motion carried unanimously. 37 Public . works Director Instructed to Place Orders for 1988 Water 38 Supplies with Lowest Bidder 39 In his March 16th memorandum, Mr. Hamer had recommended Water Products 40 be awarded the bid because they were the overall lowest bidder. He • 12 • 1 said he was doing further research on the Goodin meter, which didn' t 2 seem to meet the City specifications, but assured the Councilmembers 3 that his department was buying a lot of other supplies from that local 4 company. Councilmember Marks noted that Water Products had been the 5 only firm who had completed their quotes. 6 Council Action 7 Motion by Marks, seconded by Enrooth to accept the bid and award the 8 contract for 1988 water supplies to the firm who the Public Works 9 Director perceives submitted the lowest overall bid. 10 Motion carried unanimously. 11 UNFINISHED BUSINESS 12 St. Anthony Boulevard/Kenzie Terrace Projects Bids to be Taken 13 Copies of the resolution approving the plans and authorizing the 14 advertisement for bids for the above project had been distributed prior 15 to the meeting and various aspects of the plans were discussed with Mr. 16 Hamer before the following action was taken. 17 Council Action �8 Motion by Marks, seconded by Makowske to adopt Resolution 88-013 . 19 RESOLUTION 88-013 20 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS 21 AND ORDERING ADVERTISEMENT FOR BIDS 22 Motion carried unanimously. 23 City Attorney Changes in Firefighters Relief Association Bylaws 24 Accepted 25 The above amendment had been attached to Mr. Soth' s March 2nd letter in 26 the agenda packet and was the basis of the following motion: 27 Council Action 28 Motion by Marks, seconded by Enrooth to approve the amendment of the 29 Firefighters Relief Association bylaws as recommended by the City 30 Attorney. 31 Motion carried unanimously. 32 Makowske Has Second Thoughts About Dairy Queen Decision 33 The Councilmember said although she had voted with the majority to �4 exclude the pylon sign for the Dairy Queen, she was now reconsidering 13 1 that decision somewhat, perceiving it might have been a "knee jerk" • 2 reaction to what had happened related to the Mickey D' s and other 3 recent signage problems in the same area. She said she just wanted the 4 other Councilmembers to know she might be ready to change her vote on 5 the issue whenever she could legally do so. Councilmember Makowske 6 indicated her change of mind was predicated on the fact that Dairy 7 Queen had been such an asset to that shopping center over the many 8 years they had been in business there. She also thought the Council 9 should probably have given more weight to the fact that this business 10 was somewhat unique in that it was located with traffic flows from 'at 11 least three different directions. 12 Enrooth said he was pretty certain the issue would be raised again if 13 the store owner didn' t respond to citations to take the sign down. He 14 told Councilmember Makowske he would -be very surprised if the City 15 didn' t get some reverse reaction like a lawsuit to that citation, 16 which might force the Council to take another look at their first 17 decision. 18 Ranallo reiterated his concerns that if the City backed down on this 19 signage, it would be almost impossible to get conformity with the City 20 sign ordinance from now on. 21 In a related matter, Mr. Childs reported the Planning Commission would 22 be considering at their next meeting an application from the 23 Eberhardt Company to put up a 16 foot by 11 foot sign on the outside 24 wall of the vacated Brown Photo store, which would list all the •_ 25 businesses in the shopping center. He also pointed out that Mickey D' s 26 is already out of business so the Council may again be forced to deal 27 with signage for that business also. 28 ADJOURNMENT 29 Motion by Marks, seconded by Enrooth to adjourn the meeting at 9: 30 30 P.M. 31 Motion carried unanimously. 32 Respectfully submitted, 33 Helen-Crowe, Secretary 34 35 Mayor 36 ATTEST: 37 City Clerk • 14 EF t SILVER OAKS a i ST. ANTHONY, MINNESOTA i • ANNING& _ DESIGN, INC. 612 7801920 l i i i iii i U ° °r am - I p-1 ° - - - 1 t.uo.r. I m z ...° i_ �o©�� • ,,9-04'c4• cA o m 0 ca 7C � cl) �y �� ! o� • ter._.. — _ � • � , � a I� I � C II . o !� o , 1 Sha vroibc cow.No .1. RwYbrc as...e q a.a aw ar o.a+nv.ra. DONAL D F.PERTINFN a w"s '""'°""' PLANNING & DESIGN, INC. 612 780-1920 I i c z y . 0 � I i I I i l I I c �r l — l sn.a VroM�l Comm.Flo. Date. Irbr der M Ya oYn..co--,w. m An llim wr -M°a'1i0�'"r°"°�owra DONALD F.PEnTINEN M wa ar��wn. PLANNING & -612"178-61"920 r.r a a era a a..�r DESIGN, INC. 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