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HomeMy WebLinkAboutPL PACKET 04051989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooaza Box: 15 Folder. PL PACKETS 1989 Document: PL PACKET 04051989 iC 2 TY OF S T _ ANTHONY P LAWN=NG COMM= S S 2 ON AGENDA APR= L 5 1 9 8 9 7 : 30 P _ M _C 2= C OUN C E L C HAMB MRS I. Call to Order. II. Roll Call . III. Minutes January 17, 1989 Planning Commission. IV. Designate Commission Representative to the Council Meeting on April 11, 1989. V. Public Hearings. A. 7: 35 P.M. - Salvation Army Thrift Store, 2500-38th Avenue N.E. ; sign variance request. • B. 8:00 P.M. - Village Properties, Inc. , for 3800-3808 Macalaster Manor Apartments; conditional use permit request. C. 8:30 P.M. - Hardee's, 4004 Silver Lake Road; sign variance request. D. 8:45 P.M. - Chuck's 365, 3813 Stinson Boulevard; conditional use permit request. E. 9:00 P.M. - Community Development Block Grant, Year XV Planning Allocation. VI . Miscellaneous. VII. Adjournment. •w e C== O F Cr-r- ANTHONY • P LANN=N G COMM= S S=ON M=NUT E S .TANUARY 1 7 ., 1 9 8 9 1 The meeting opened at 7: 32 P.M. with the Pledge of Allegiance led by .2 Chair Wagner. 3 ROLL CALL 4 Present for roll call: Brownell , Franzese, Hansen, Wagner, Werenicz, 5 Madden. London arrived at 7: 33 P.M. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assigtant to the City Manager 8 DECEMBER 20, 1988 PLANNING COMMISSION MINUTES 9 Motion by Hansen, seconded by Brownell to approve the above with the 10 following changes: 11 Page 5, line 2: Delete one "and" after "month" . 1.2 Page 5, line 13 : Substitute 116" for 114" before "inch" . 13 Page 6, line 32 : Substitute "Overlook" for "Overload" . 14 Page 7, line 20: Correct typo "no" before "state rules" . Or Page 7, line 30: Substitute "trainees" for "massagers" . .6 Page 8, line 43 : Make "treatment" singular. 17 Motion carried unanimously. 18 COMMISSIONER MADDEN TO REPRESENT PLANNING COMMISSION AT JANUARY 24TH 19 COUNCIL MEETING 20 PUBLIC HEARINGS 21 Conditional Use Permit Recommended for Slick's Alternative at 2450 - 22 38th Avenue N.E. 23 At 7:40 P.M. Chair Wagner read aloud the Notice of Hearing to consider 24 a request from Diane and Robert Slick for a conditional use permit to 25 allow operation of the Alternative, a non-alcoholic lounge at the above 26 address in the space located immediately west of the Salvation Army 27 Thrift Store as provided in a "C" Commercial zoning classification. 28 The Notice of Hearing had been published in the January 4th. Bulletin and 29 mailed to all property owners of record within 350 feet of the subject 30 property. No one present reported failure to receive the notice or 31 objected to its content. 32 Staff Report - Dave Childs •�' 1 1 Mr. Childs reiterated much of the information he had provided the • 2 Commissioners in his January 13th memorandum, including: 3 *that the lounge had been forced to relocate from the St. Anthony 4 Village Center when the H.R.A. acquired that center as part of the 5 Kenzie Terrace Redevelopment Project; 6 .*the proposed use met all three criteria outlined in his memorandum 7 required for a conditional use permit for a recreational 8 establishment; 9 *the success of the lounge in its former location and the fact that 10 the Manager was aware of only one police call to the establishment in it five years and no other complaints during that period seemed to 12 indicate no problem for the City having the lounge move to the new 13 location; 14 *staff received no calls following the publication of the Notice of 15 Hearing; 16 *the hours of operation have already been established by City Code 17 which requires all recreational establishments to be closed from 1 :00 18 to 6:00 A.M. ; 19 *adequate parking space is available to conform with code 20 requirements. 21 A sketch of the proposed signage for the establishment had been sent • 22 around for all the Commissioners to view and the City Manager indicated 23 he anticipated that those plans could be adjusted, if necessary, so as 24 not to require a variance. If a variance is required, however, that 25 request could be presented at the next or another future Commission 26 meeting. 27 Proponent - Robert Slick, 3400 Buchanan Street N.E. , Minneapolis, MN 28 *discussed the site plans in the agenda packet, telling Commissioner 29 Werenicz that there would be 7,758 square feet of space in the new 3.0 location to accommodate the 68 tables for seating for up to 272 31 persons as compared to the 5,000 square feet in the St. Anthony 32 Village Shopping Center location, which seated about 210 persons where 33' the City Code allowed 300 occupancy; 34 *confirmed that the middle two numbers in the address on his 35 application and repeated in the Notice of the Hearing had been 36 transposed; 37 *pointed out that the St. Anthony location had raised roughly 38 $200,000.00 for charitable purpose's during the five and a half years 39 they had been in operation and had also worked with the community 40 schools to create drug awareness for the students; 2 • 1 *told the Commissioners he and his wife liked St. Anthony and wanted •2 to keep their business in the Village; 3 *reported they were putting together a franchise to go nationwide with 4 the non-alcoholic lounge concept and would want to make the new lounge 5 a ,prime example of what could be accomplished with that concept; 6 *said he perceived that not only the owners would benefit by upgrading 7 the new establishment, but the whole community would now be. offered 8 the "best of all worlds in recreational alternatives" with this non- 9 alcoholic lounge and the City's liquor operation which is second to 10 the most successful in the state. 11 When Commissioner Werenicz asked the applicant what type of security 12 he had at his previous location, Mr. Slick told him the establishment 13 only had a few rules but they were so stringently enforced that he had 14 never needed to hire outside security. , He said the only incident of a 15 disagreement which had arisen in the five and a half years he had been 16 in the other shopping center had been over a pool table which had .been 17 settled immediately by four other customers in the lounge at that time. 18 Mr. Slick reported that his clientele had always followed the 19 establishment's direction to "treat the lounge like their own living 20 rooms" . He said the average age of his customers was between 30 and 21 35 years and no one under 18, even if accompanied by an adult, was 22 allowed in the establishment. '13 No alcohol or drugs or persons under the influence are allowed on the 02.-4 premises, according to the applicant, even . the bands who play there 5 on weekends are given to understand that if they can't play for four 26 hours without using, they needn't bother to show up at all. 27 Mr. Slick assured the Commissioners that if the increased capacity 28 created problems which wouldn't be handled internally, he certainly 29 wouldn't hesitate for a minute to hire as much security as would be 30 necessary.. Commissioner Werenicz indicated he perceived the 31 establishment's past history in that area spoke for itself. 32 The proponent reported the lounge would continue to be open from 9:00 33 P.M. to midnight, Monday through Thursday, and from 4 :00 P.M. to 1:00 34 A.M. on Fridays and Saturdays when they have a band playing. A disc 35 jockey program is planned for Wednesday nights which would be over by 36 midnight. The owners plan to continue to be open on Sundays from noon 37 to 6:00 P.M. only during the football season. 38 Mr. Slick told the Chair he wanted to be in and operating the new 39 establishment by March 3rd. He told Commissioner Brownell they would 40 not be -taking all the vacant space in that building because he 41 understood there were still between 28,000 and 30,000 square feet left, 42 including the loading dock area on the southwest side. There would 43 be new bronzed double doors into the establishment close to the 3 1 northwest end of the building and he planned to keep both existing fire 2 exits open as well , the applicant indicated. • 3 Diane Slick and the couple's daughter, Lisa, were also present but 4 didn't speak. When no one accepted Chair Wagner's invitation to 5 provide further input, either for or against the proposal, he closed .the 6 hearing at 7:55 P.M. 7 Commission Recommendation 8 Motion by Madden, seconded by Brownell to recommend that the City 9 Council grant the conditional use permit requested by Diane and Robert 10 Slick to operate the proposed non-alcoholic lounge at 2450 - 38th Avenue 11 N.E. , finding that: 12 1. the questions statutorily required to be answered in the affirmative 13 had been answered properly in the application; 14 2. there were no calls either for or against the permit prior to the 15 meeting and no one spoke in opposition during the hearing; 16 3. parking is in conformance with code requirements and the Fire Marshall 17 will be checking out the establishment to assure that all fire codes 18 are met; 19 4. this establishment is perceived to have provided a positive 20 contribution to the community inasmuch as the operation has been • 21 successfully managed without problems for the City for over five years 22 and at the same time it offered a recreational alternative to the 23 City's liquor operation. 24 Motion carried unanimously. 25 Commission Perceives Variance for Tenant Directory as a Good Trade-off 26 for Long Overdue Improvements to the St. Anthony Shopping Center 27 At 8:00 P.M. the Chair opened the public hearing on 'the request for the 28 above variance by reading aloud the Notice of the Hearing which had 29 been published in the January 4th Bulletin and sent to all property 30 owners of record within 200 feet of the subject property listed in the 31 agenda packet. No one present reported failure to receive the .notice 32 or objected to its content. 33 Staff Report - David Childs 34 *reiterated much of his January 13th memorandum which also was the . 35 basis for the motion of approval; 36 *indicated the pylon which was part of the "signage package" would 37 be much more attractive than the existing center identification; 4 y 1 *said :the uniform signage plan was something the Council and 2 Commission had been seeking for a long time prior to granting any •3 more sign variances for center businesses; 4 *recommended the Commission consider approval of the variance with 5 installation of the tenant directory allowed only after the building 6 facia and new pylon sign have been installed; 7 *agreed with the Eberhardt Company's reasoning that center 8 identification is also needed from Kenzie Terrace from which most St. 9 Anthony customers approach the center. 10 Proponents - Joseph DiSanto, representing the center owners 11 Rod Johnson, Eberhardt Manager of the center 12 Clayton P. Gosswiller and Dick Horst of Coast to Coast 13 Mr. DiSanto told the Commissioners that the owners intend to continue 14 renovating the center investing a quarter of a million dollars in the 15 project. He said: 16 *they would be installing a new sign band all along the facia of the 17 center buildings as indicated in the photos and sign plans distributed 18 for Commission viewing; 19 *the center owners had contracted with Sign Graphics of Dallas, Texas 20 to write the sign criteria and develop a sign design which would be 21 followed for this center. The same plan is being followed for a 12 similar 20 year old center in Dallas which the owners are also • 3 renovating; 24 *the sign company had offered .a bulk .price for individual signs which 25 the tenants could avail themselves of or contract for signs from a 26 local sign company; 27 *the sign band installation would be a joint project with a. local sign 28 company and would serve to back light the individual signs; 29 *their intent would be to -totally redo all the existing canopy facia 30 covering that with the sign band to include the library for which his 31 company would be paying for the signage as well as the Mobil station 32 from whom the owners have gotten some preliminary indication that they 33 would cooperate; 34 *the Dairy' Queen would not be included because their signage is the 35 company logo. 36 Mr. DiSanto indicated the pylon sign would have the same 37 characteristics as the tenant signage and directory and he gave 38 detailed descriptions of each. He requested that the City allow the 39 directory to be illuminated at night. He also reported that the owners 40 were very close to signing an agreement with Coast to Coast to come. into 41 the vacant Penny grocery store and serve as the anchor business for the 5 1 center. The center owner representative indicated one of the basic 2 concerns the prospective business representatibves had was whether their • 3 store would be provided some sort of visibility from Kenzie Terrace 4 which he said was the main reason he was requesting the variance for 5 the tenant directory on the side of the buildings which now contains 6 no indication to the public of what's inside the center. He said with 7 the proposed directory, this business as well as other businesses in the 8 center who chose to be -on the directory will have much needed exposure 9 on that side. 10 Mr. DiSanto indicated further that: 11 *the renovation is planned to start this April and he estimates would 12 take at least a month to complete; 13 *this doesn't mean all center tenants would have their new signs up 14 by then because they have to pay for their own signage and many of 15 the smaller stores may have to have more time to get the money to 16 pay for the sign; . 17 *in the meantime the owners are proposing they be allowed to put 18 up temporary "good quality" canvas lettering to identify those stores 19 between the time the facia goes up and the tenants order their 20 individual signs; 21 *although he hoped all the tenants would realize the-benefit of having 22 the new signage, he was not guaranteeing that would be the case right 23 away and he pleaded on their behalf for the City to allow such • 24 temporary signage. 25 Mr. DiSanto indicated the Eberhardt Manager had already gone around to 26 the 25 tenants in the center with signage packages and designs. He 27 showed as an example the blueprints for the library signage which the 28 owners would be paying for. He indicated Mr. Johnson had already 29 experienced success with some of the larger tenants like Snyders Bros. , 30 Curtis Mathes, Nationwide Sewing Machine, etc. , who they expected to 31 "jump on the bandwagon right away" . 32 Chair Wagner told him he had talked to one of the tenants who might be 33 expected to "drag their feet" on signage and found he and many of the 34 others are planning to put up the new signage. 35 There was a discussion of whether the sign band would be wrapped around 36 the end buildings for stores which already had signage on the sides 37 of their buildings, with Mr. DiSanto saying the band might be expanded 38 past the current signage if the tenants lobbied as he expected them to 39 retain those signs. However, he said Cokesbury had not yet volunteered 40 to put up the new signage but he hoped that once they saw the other 41 stores putting up their signs, they would also do so. The center owner 42 assured the Commissioners that he intended to eliminate all existing 43 signage to get "a really contemporary look" for the center with the 44 existing blue color band, and new facia and signs being proposed in the • 6 1 rendering he presented and what was shown in the pictures of the Dallas 2 center which he had also passed around. Mr. DiSanto said: • 3 *the overhang would be completely covered; 4 *the basic facia color would be a light cream color; 5 *the blue canvas that goes across the top would remain but the yellow 6 would be eliminated with only blue facia and blue on the bottom 7 showing; 8 *at some time further down the road, he would like to talk Snyder 9 Bros. into putting a very good looking prescription sign on the wall 10 between that store and the Fun Center; 11 *the facia would cover that portion of the upright in that area which 12 sticks out now and the portion which Commissioners had expressed 13 concern would be covered up with a color which would blend in with 14 the colors on the building now; 15 *the same color scheme would be carried out in the pylon sign as would 16 be used in the sign band with lettering also to match that for the 17 stores; 18 *the signs would be made up with white background and colored letters 19 and the pylon sign would be interiorly lit. ?0 Mr. Childs told Mr. DiSanto he would be recommending that if the •.1 directory signage were approved, that sign also be lit from the inside 22 rather than externally. The response was that although it would cost 23 more money, that- was the way the center representative would also like 24 to go. 25 Mr. DiSanto told Chair Wagner the sign band would be five feet in height 26 but over the Coast to Coast, the band would be taken to seven feet just 27 to accentuate their being the anchor business in the center. This 28 would be the only store for which this would be done. The sign channels 29 themselves would not be changed geometrically, he said. 30 The Chair told Mr. DiSanto he was concerned about extending the sign 31 band around the end building tops and perceived it would be very 32 necessary to get rid of the small signs under the canopy on the walkway. 33 He said he perceived the buildings' facing would not be changed but the 34 store fronts would now go from white to stone to brick and different 35 colors like blue on Schwinn's; white for the sewing center and brick for 36 Wycoff's and stone for other stores. However, he wondered what was 37 going to happen regarding store signs which are now under the canopy. 38 Mr. DiSanto indicated that his intent was to have only the signs on the 39' facia, as well as those on the pylon and the directory in the center. 40 He said he would need City help to enforce the elimination of the 41 existing wall signs because he perceived by adopting the proposed sign 7 1 criteria, all existing signage would automatically become non - 2 conforming. Commissioner Franzese pointed out that the City had already 3 granted variances for the signs on the sides of the Cokesbury and 4 National Sewing Machine buildings which she already regretted and 5 wondered whether those variances could be overridden. Kr. DiSanto he 6 might seek further financing for extending the sign band around the 7 buildings to include that signage if that became a problem. 8 Mr. DiSanto said he wouldn't like to see large letters go up on the side 9 of those buildings, but would consider those options if the City wanted 10 him to. Commissioner Franzese indicated she perceived a "cleaner look" ll would result from not having that signage at all . Mr. Childs said he 12 would talk the matter over with the City Attorney but thought that if 13 the City granted the,- new signage for the center because there is a 14 single ownership of that center, those previous variances would not 15, maintain their standing. He suggested one of the conditions for 16 approving the directory and pylon signs be that all resultant non- 17 conforming signs to the sign criteria must be removed, including all the 18 wall signs. He then suggested the Commissionerrecommend b the a timeowneit 19 be imposed on the temporary signage being proposed p Y 20 under which, if the tenant opts for not buying new signage which is in 21 conformance with the sign criteria, they not be allowed to put up 22 signage after a set time. 23 Mr. DiSanto confirmed that the owners would be paying for the directory 24 and the pylon and would be making space as available to those tenants 25 who want to -be featured on either sign. That signage would also have 26 to conform with the overall signage for the center, he told Commissioner • 27 Franzese. He confirmed that the three empty lines in the pylon 28 rendering duplicated space the center Merchants Association reserved on 29 the existing pylon, to promote activities like sidewalk sales, etc. in 30 the center. He also indicated that of course there wouldn't be adequate 3.1 room on either the pylon or directory for all 25 tenants in the co rater 32 now, most of whom probably wouldn't want to pay to 33 have their names on either sign. 34 Mr. Gosswiller indicated he perceived it would be essential for the 35 directory to identify the center specifically. Mr. DiSanto indicated 36 his intent had been to utilize the upper panels for that purpose with 37 the rest of the space reserved for those tenants who want to be on the 38 same sign. The Coast to Coast Manager indicated the market survey his 39 company had taken of the area had indicated that anywhere fro60%him 40 8o% of the center traffic comes from Kenzie Terrace, ma 41 applaud the request for the directory sign which he perceived should 42 identify the center. 43 Mr. DiSanto confirmed that it was the owners' intent to get all the 44 store owners to agree to maintain the same hours for sign lighting and 45 said he would be willing to put that proposal into written form if that 46 was what the City wanted. He also said there might be one or two other 47 colors allowed for signs other than the red, blue, green 48 specified in the sign criteria. He told Commissioner Madden he was 8 • 1 going to try to get a complementary pattern for that signage but would 2 be unable to force conformity for stores whose corporate colors might •3 now allow conformance. He -agreed that probably only the four largest 4 tenants would be featured on a directory the size that would be 5 allowed. He reiterated that which tenants appear on the pylon sign 6 would depend on their ability for pay for that signage and the 7 availability of space on the sign. Again the major tenants would 8 probably want to be recognized on that sign which would accommodate only 9 up to about ten names. Commissioner Franzese said she agreed with the 10 Coast to Coast representative that the directory would be most important 11 because most of the customers would probably come from Kenzie Terrace 12 and need to know the shopping center is there and which stores are in 13 it. She .was told that trying to put all the tenant names on one sign 14 would tend to diminish the sign's impact much as had happened when the 15 City had acceded to the Apache Medical Building's desire to have all the 16 different businesses listed on their directory, which most Stinson 17 Boulevard drivers hardly noticed at all . 18 Commission Reaction 19 Commissioner Hansen commented that he was "very pleased" with the 20 proposals the owners were .making that evening for improvements which 21 were long overdue for that center. 22 Chair Wagner agreed and indicated he perceived a willingness on the 23 Commission's part to do what they could to "clean up some of the loose 24 ends" like persuading the tenants to take down their existing signs. 05 Mr. DiSanto indicated his appreciation of their comments saying he 26 recognized that up until he visited the Council in September there had 27 been a lack of good relations between the City and the owners. He 28 said he expected to provide direct supervision of the renovation project 29 and would probably visit the City on a weekly basis until the job was 30 completed. He clarified that the only reason a second sign for a 31 tenant had been mentioned in the Sign Criteria had been because he 32 hadn't understood Coast to Coast's corporate trademark, which was vital 33 to their going into that space, would be considered a part of their 34 sign. 35 Mr. Childs told him that with 78 feet of frontage on the store they 36 would be going into, Coast to Coast should have no problem fitting all 37 that into the 150 square feet of sign surface they would be allowed. 38 He also said the City would count both the lettering and the symbol 39 depicted on the sketch of the proposed sign for' that store as one sign. 40 The Commissioners were then told that each tenant would control the 41 power to the individual signs which might make uniformity of hours of 42 lighting difficult with some stores not staying open as long as other 43 businesses in the center. • 9 1 Mr. Disanto told Commissioner Werenicz that he expected some tenant 2 resistance to the uniform signage at the outset, but if experience with • 3 other centers hold true to form, he really didn't envision a lot of 4 temporary signs remaining up on the fascia once that "new look" is 5 complete. He perceived those store owners who are 'at first reluctant 6 would eventually feel out of place with signage less attractive than 7 their neighbors. The center spokesman said he knew all those tenants 8 recognized the value of good signage and would think they would want to 9 "jump on the band wagon" as soon as their neighbors but conceded that 10 might not be true of every one of them. He said he could make no 11 promises that compliance would come easily. Mr. Disanto indicated the 12 bulk rate would be offered to each tenant to order signage from the 13 Dallas sign company but each would be given the option of contracting 14 for his own sign as long as it conformed to the specifications for 15 lettering and fit on the anchor bolts on the fascia. He also indicated 16 the Eberhardt people would be "out in full force" after final approval 17 to inform the existing tenants that the Commission had given preliminary 18 approval to the concept and if final approval by the Council follows, 19 uniform signage would be enforced come April . Mr. Johnson indicated 20 he had held a first meeting to present the plan to at least 90% of the 21 tenants and the second meeting would just reconfirm that the sign plan 22 is going into effect and to work out specific lettering for each store. 23 When Commissioner Werenicz asked for guidance related to what he 24 perceived would be a reasonable time limit for getting the temporary 25 removed, Mr. DiSanto said he thought the tenants should at least be 26 allowed three or four months after April to make up their minds because • 27 he perceived many of the merchants they would be dealing with might not 28 be in a financial position to put up the new signage right away and it 29 might not be fair to force them to comply any sooner. 30 No one present responded to the Chair's invitation to speak either pro 31 or con related to the variance and he closed the hearing at 9:00 P.M. 32 Motion by Franzese, seconded by Madden to recommend the City Council 33 grant a variance from the City's Sign Ordinance to the Eberhardt Co. 34 on behalf of the St. Anthony Shopping Center for a 6 foot, 6 inch by 6 35 foot, 1 inch (total 39.6 square foot) tenant directory sign to be 36 mounted on the northwest wall of the former Brown Photo location facing 37 Kenzie Terrace as shown in the drawing in the Planning Commission's 38 January 17, 1989 agenda packet. 39 Included in the variance would be: 40 1. The allowance of the new 260 foot pylon sign for the center also 41 included in the agenda packet which would be 40 square feet below the 42. maximum allowed size, and 43 2. Signage criteria for the center tenants which will be used in 44 conjunction with -the new sign band for buildings which would allow 45 only individual lettering and has limits on the size and number of 46 signs. • 10 1 The Planning Commission further recommends that the following conditions �2 -be imposed on the granting of this variance: 3 a. The temporary canvas lettering proposed to be put up when the sign 4 band is installed on the fascia sometime around April 1, 1989 to 5 identify those tenants who have not yet signed up for permanent 6 signage would be allowed to remain on the sign band only three months 7 after completion of the sign band. 8 b. All current signage on the building fascia including underhanging 9 signs will have to be removed with the installation of the new sign 10 band. 11 c.'All sign lighting except that on the pylon sign and the tenant 12 directory will have to be turned off at midnight. 13 d. The variance is valid for a period of 24 months from date of approval 14 after which time it becomes invalid if the project is not started. 15 In recommending this variance be granted, the Planning Commission finds 16 the following special circumstances support the variance request: 17 1) The shopping center fronts on both Highway 88 and" Kenzie Terrace but 18 no identification of the center or its tenants is currently available 19 on Kenzie Terrace. •"0 2) The center buildings have their backs on Kenzie Terrace, further 1 screening their visibility. 22 3) The 39.5 square foot directory when coupled with the 260 square foot 23 pylon sign is still less than the center would be allowed if there 24 were a pylon sign only. 25 4) No calls either for or against the variance were received by staff 26 prior to the hearing and there were no expressions of opposition 27 during the hearing. 28 5) The three conditions required be met have been met in this request. 29 In recommending that this variance be granted, the Planning Commission 30 wishes to go on record as commending the owners for making these long 31 overdue improvements to the St. Anthony Shopping Center. 32 Notion carried unanimously. 33 Mr. DiSanto advised that another appointment in another city would 34 prevent his attendance at the Council meeting where the Commission 35 recommendation would be presented, but indicated lair. Johnson would be 36 gong in his stead. � � 11 I The discussions between the Commissioners which followed indicated they 2 perceived it would be only fair to give the tenants most of the summer 3 to get financing for the signs. The possibility that lighting the 4 signs all night might prove to be an annoyance for the residents in the 5 new apartment buildings going up next to this shopping center who can 6 see some of the stores from their windows was -explored. 7 MISCELLANEOUS 8 PLANNING WORKSHOP 9 Commissioner Brownell asked Ms. VanderHeyden to make reservations for 10 him to attend the special workshop to be held at the Breezy Point it Resort, February 9th. Commissioner Werenicz indicated interest in 12 attending the February 23rd workshop at the Earle Brown Center. 13 ELECTION OF OFFICERS FOR 1989 14 The Commissioners based the following on the indication from the City 15 Manager that although the Council had not been able to officially 16 appoint the incumbents to their same seats on the Commission which were 17 vacated by law at the end of December, he had sensed that was their 18 intent following the interviews of candidates the Council -had conducted 19 the previous Thursday evening. 20 Commissioner Madden Unanimously elected to Serve as Planning Commission 21 Chair • 22 Motion by Werenicz, seconded by Franzese to nominate John Madden as 23 Commission Chair for 1989. 24- Motion by Franzese, seconded by Werenicz to elect by acclamation. 25 Motion carried unanimously. 26 Commissioner Hansen to Continue Service as Vice Chair for 1989 27 Motion by Franzese, seconded by Madden to nominate Ron Hansen to serve 28 as Planning. Commission Vice Chair during 1989. 29 Motion by Franzese, seconded by Werenicz to elect by acclamation. 30 Motion carried unanimously. 31 ADJOURNMENT 32 Motion by Hansen, seconded by Werenicz to adjourn the Planning 33 Commission. at 9: 35 P.M. 34 Motion carried unanimously. Respectfully submitted, Helen Crowe, Secretary 12 • . : ain thou • ilia e DATE : APPROVAL : March 31 1989 TO : Planning Commission Members FROM : Susan L. VanderHeyden, Assistant to the City Manager 2 TEM : SALVATION ARMY THRIFT STORE, 2500-38TH AVENUE N.E. SIGN VARIANCE REQUEST The Salvation Army Thrift Store has requested a variance from the Sign Ordinance of the City Code to allow two 7 feet X 3 feet (21 square feet each) signs to be located on the canopy on the building, in addition to the existing 50 foot X 3 foot wall sign. The store frontage is 140 feet. Section 430, Subdivision 8b of the Sign Code allows one wall sign, no larger than 150 square feet, per business. This request is for two additional signs, increasing the sign surface area by 42 square feet, bringing the total sign area to 192 square feet. Justification of special circumstances supporting the variance request by the applicant include: 1. With the 140 foot building front, the canopy signs identify where the entrance to the actual store is. 2. The size of the building and its large number of occupants and entrances makes it necessary for the Salvation Army Thrift Store to add this signage. The existing wall sign is at the maximum square footage of 150 feet. In addition, the business has only one frontage and is not located on a corner. (Previous consideration has been given for variances at corner businesses. ) The two canopy signs are probably more visible and effective than the existing wall signage. A compromise could be made by having the existing wall signage removed in exchange for the two canopy signs. No calls have been received regarding the variance, either for or against. • :cjk2.21.89 • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, February 2.1 , 1989 at 7:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Request from Salvation Army Thrift Store, 2500 - 38th Avenue N.E. , for a variance from the Sign Ordinance of the City Code to allow two 7' X 3' ( 21 square feet each) signs to be -located on the canopy at the above location in addition to the existing 50' X 3' wall sign. - The Sign Code allows one wall sign per business, not larger than 150 square feet in sign surface area. ' This variance request is for two additional signs, totalling an additional 42 square feet in sign .surface area. • Anyone wishing to be heard with .reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: Bulletin,. February 8, 1989 •� 1 MAILING LIST - 2500 - 38TH AVENUE N.E. (SALVATION ARMY THRIFT STORE) ?/89 Baker's Square C. G. Rein American Family Insurance 3701 Stinson Boulevard 949 Sibley Memorial Highway 3800 Apache Lane St. Anthony, MN 55421 St. Paul , MN 55118 St. Anthony, MN 55421 • Apache Office Building Pizza Hut Apache Car Wash 2500-39th Avenue N.E. 3801 Stinson Boulevard 3725 Stinson Boulevard St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Soo Line Railroad JVK Construction EFH Co. 105 S. 5th St. & Aarquette 11484 Martin Street 1601 E. Highway 13, #204 Minneapolis, MN 55402 Coon Rapids, MN 55433 Burnsville, MN 55337 Robert Slick , 2504 - 38th Avenue N.E. St. Anthony, MN 55421 I • E 1 COMING I'rVt slt;f fOANffUAE I _ f _ i �- THRIFT STORE I 1 _ 'ARM 1 I _ r • i THRIFT STORE CLOTHING * THRIFT S TORE 0 FURNITURE . . ain thou a e T;Awr. : APPROVAL : MARCH 30, 1989 : planning Commission Members FROM : Susan L. VanderHeyden, Assistant to the City Manager , VILLAGE PROPERTIES, INC. , 3800-3808 MACALASTER MANOR APARTMENTS, CONDITIONAL USE PERMIT REQUEST This is a request from Village Properties, Inc. , for a conditional use permit to allow the establishment of a daycare facility in an R-4 apartment -zoning classification at 3800-3808 Macalaster Drive N.E. The proposed use would include 12-15 children in a 950 square foot, garden level, two bedroom apartment dedicated for the daycare use. Section 7, subdivision 3 , number 3 of the Zoning Ordinance, states permitted conditional uses include: 1. Service or convenience type businesses, including grocery stores, pharmacies, barber shops, and beauty shops catering to the residents of the building complex, and that 2. the area is not to exceed 1,000 square feet, and 3. that there will be no advertising or signing on the exterior of the building or in any yard. Justifications for this request include: a. The proposed facility would improve the welfare of the building's residents, and b. the need for daycare facilities is a national •priority, and this facility would provide a much needed service to the residents of Macalaster Manor Apartments and possibly to surrounding apartment communities. The proposed daycare facility is a new idea that has not been considered by the City before. No calls have been received regarding the conditional use request, either for or against. :cjk2. 21.89 Date: February 15, 1989 Fee: $100.00 CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: village Properties Phone: 781-3381 Address: 2500-39th Avenue N E #230, St. Anthony, MN 55421 Status of applicant (owner, buyer, renter, agent, etc. ) : owner Street address and/or legal description of property in question: IR00-IROR Maralaster Drive N. E. - Zoning district in which property is located: R-4 Conditional use proposed: 11a a two bedroom apartment as a 1 i cenAAH Fami 1 y naV rare rpntpr Minnesota Statutes and City Ordinances require that the . following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if __• necessary. 1) The proposed conditional use is one of the conditional uses s]2ecifically listed for the zoning district in which it is to be located. Day care is listed as a permitted conditional use. 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of .persons residing or working in the vicinity or injurious to property values or improvements in the vicinity-The proposed facility will improve the welfare of many of the I esidents of the facility and will enhance property values through improved occupancy and tenant satisfaction. 3) The proposed conditional use is .necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. The need for day care services is a recognized national priority. The proposed Family Day Care Center will provide this service to residents of Macalaster -Manor Apartments and possibly surrounding apartment communities. Signature of applicant: P.O. BOX 18875 VILLAGE PROPERTIES 2916 PENTAGON DRIVE N.E. HNNEAPOUS,MI`I 554 _ January 9, 1989 Dave Childs St. Anthony City Manager 3301 Silver Lake Road St. Anthony, Minnesota 55418 Dear Dave: As we discussed today, we have an interest in establishing a day care facility at Macalaster Manor Apartments located at 3800-3808 Macalaster Drive N.E. in St. Anthony. This facility would primarily be for the use of Macalaster residents. We propose to dedicate a two bedroom garden level apartment to this purpose and to contract with a licensed day care provider for management. We anticipate that the program would include 12 to 15 children. It is my understanding that this is a permitted use with a • conditional use permit under current zoning. Accordingly, I request that you initiate the necessary administrative action for Village Properties to apply for this permit. Also, I would appreciate your advising us of any building or fire code requirements that we need to consider for this use. Thank you for your assistance. Please contact me at 781-3381. with questions. Sinc rely, is Kenneth Solie KES:lsw • • 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, February 21, 1989 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 from Village Properties, Inc. for a conditional use permit to allow establishment of a daycare facility in an R-4 apartment zoning classification at 3800- 3808 Macalaster Drive N.E. The proposed use would include 12-14 children in a two bedroom apartment dedicated for said daycare use. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: Bulletin, February 8, 1989 l • Soo Line Railroad Waco international Twin City Federal 105 S. 5th Street & Marquette 3720 Macalaster Drive 3899 Silver Lake road Minneapolis, MN 55402 St. Anthony, MN 55421 St. Anthony, MN 55421 • Kenneth Lee Duane Stanley Robert Donnelly 3904 Penrod Lane 3012 - 39th Avenue N.E. 3112 - 36th Avneue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55418 p;,. 110-39th Ave. N.E. Harvey Sperry David Dreier Gary Summerville 3104 - 39th Avenue N.E. 3106 - 39th Avenue N.E. 3110 - 39th Avenue N.E. St. Anthony, MN ' 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Warren Phillips . Young Tzung Shih Suzette Decheine 3108 - 39th Avenue N.E. 3200 - 39th Avenue N.E. 3200 - 39th Avenue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Margaret & Walter Hamzavi Kay Sunder Renae Yun 3202 - 39th Av�-i:ue N.E. 3204 - 39th Avenue N.E. 1300 Nicollet Mall St. Anthony, MN 55421 St. Anthony, MN 55421 Minneapolis, MN 55403 Re: 3204-39th Ave. N.E. William Penny R. J. Kleinman Northern States Power • 3206 - 39th Avenue N.E. 1409 Willow 1518 Chestnut St. Anthony, MN 55421 Minneapolis, MN 55403 Minneapolis, MN 55403 Re: Diamond 8 Re: 3716 Macalaster John Krohn Frances Sandberg 1 Groveland Terrace, #40 3811 Belden Drive Minneapolis, MN 55403 St. Anthony, MN 55418 Re: 3817 Macalaster 3820 Macalaster MAILING LIST —3800-3808 MACAL ASTER 2/89 County Commissioners Community Human Services Department Diane Ahrens Chairyenoe som 160 East Kellogg Boulevard John T ley • Saint Paul, Minnesota 55101 Ruby Hunt (612) 298-5351 DAnne W MCCwty PAMMY (612) 298-4014 (TDD) Hal Norgard Donald E.Salverda Warren W.Schaber March 3, 1989 Terry Schutten Planning Commission, and FsecudwDirector City Council City of St. Anthony 3301 Silver Lake Rd. St. Anthony, MN. 55421 Re: Propcsal by Ken Solie to staff and operate a Group Family Day Care residence . at 3808 Macalester Dr. 05 Dear Sirs: Mr.. Ken Solie has contacted me at the Licensing Unit of the Ramsey Co. Community Human Services Department to inquire about setting up a Group Family Day Care (GFDC) residence in an apartment in an apartment building he owns. The licensing require- ments. have been explained to Mr. Solie. The child care would take place in a garden level apartment (I am familiar with the • building), and be staffed by person(s) meeting the licensing requirements. Assuming the person(s) hired by Mr. Solie to operate the GFDC residence meet the licensing requirements, and the residence passes the required fire inspection, and the caregiver(s) and the residence are in compliance with Chapter 9502, Department of Human Services Licensing of Day Care Facilities, then Ramsey County would support • recommendation that the State of Minnesota, Department of Human Services issue • Class C-3 GFDC .license. .The section of St. Anthony that is in Ramsey County has only 2 licensed family day Care providers. Both operate at full capacity or as full as they choose to be. So there is a need for more day care openings in St. Anthony as well as in the neigboring New Brighton. The proposed GFDC residence at 3808 Macalester Dr. #5 would certainly help the parents in your city to find day care close to home. Sincerely, 11,k) Diane M. Phillippi, Social Worker III Family Day Care(Licensing ,Unit Social Service Division • ai n Aon hilla e DATE : APPROVAL : March 31, 1989 TO : Planning Commission Members FROM : Susan L. VanderHeyden, Assistant to the City Manager S TEM : HARDEE'S, 4004 SILVER LAKE ROAD, SIGN VARIANCE REQUEST Hardee's Inc. , 4004 Silver Lake Road, has requested a variance from the Sign Ordinance of the City Code to allow a 37.1 square foot wall sign on the westerly portion of the south facing mansard roof. This sign would be in addition to the 76 square foot freestanding sign which was granted by a variance in 1985. If approved, total signage would be 107.1 square feet. The Sign Code allows for only one sign per establishment. Justification of special circumstances supporting the variance request by the applicant include: 1. The restaurant and freestanding sign cannot be seen from Apache Plaza. 2. Visibility of the freestanding sign is blocked by vehicles parked in the Mobil gas station next door. This results in southbound traffic being unable to see the existing sign. In comparison, in August of 1988, Burger King was granted a sign variance allowing them - a. a 4 foot X 4 foot (16 square foot) Burger King logo to be mounted on the south side of the proposed building; b. an 18 inch X 14 foot, 6 inch (21.75 square foot) wall sign on the east side of the building; c. a 6 foot X 6 foot (128 square foot) monument type sign which would be located adjacent to Silver Lake Road at the north entrance to -Apache Plaza. (Only for drive-thru advertisement. ) Total 109.7 square feet, 150 allowable (usually in one sign) . No calls have been received, either for or against. :cjk2.21.89 • Date: l J 9 Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Phone: Address-: IA& Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/o�Mi_1419K�t A/ 92 rop,� ye etitioned for variance: /� Zoning district in which property is located: ,, / Request: I - 30de, � 1� �_ ,J 4� �Q Slew Minnesota. Statutes and City Ordinances require that the following • conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. 3) The conditions upon which the ap ications for a variance is based are unique to the parcel of land which the va a e is sought and are not applicable, generally, ther p rty- , i in the same land- use classification. Signature of a applicant: pp nt. �1 • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, February 21, 1989 at 8:.30 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 Hardee's Inc. , 4004 Silver Lake Road, for- a variance from the Sign Regulations of the City Code to allow installation of a 37.1 square foot wall sign on the westerly portion of the south facing mansard roof on the existing restaurant. The Sign Code allows one sign per establishment -and a freestanding sign granted by a variance in 1985 currently exists on the site. Anyone wishing to be heard with reference to the above matter will • be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: Bulletin, February 8, 1989 • MAILING LIST - 4004 SILVER LAKE ROAD (HARDEES) 2/89 Leonard Andreasen Terry Landeen Susan Follett 3937 Silver Lake Road 3943 Silver Lake Road 4001 Silver Lake Road •t. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Howard Ekberg Chester Krumm Iris Baran 4003 Silver Lake Road 4005 Silver Lake Road 4007 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Robert Spano Anton Olson Dominic Ardito 4009 Silver Lake Road 4011 Silver Lake Road 4013 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Joyce Hegstrom Leonard Bona Judy Scott 4015 Silver Lake Road 4017 Silver Lake Road 3911 'Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Robert Gorzycki Margaret Bevan E',mer Dick 3913 Silver Lake Road 3915 Silver Lake Road 3917 Silver Lake Road . St. Anthony, MN 55421 St. Anthony, MN 5542-1 St. Anthony, MN 55421 *Ruby Kallestad Ruth Holien Valerie Johnson 3919 Silver Lake Road 3921 Silver Lake Road 3923 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Bernice Pehling Leo Donahue Dale Siegrist 3925 Silver Lake Road 3927 Silver Lake Road 3929 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Adeline Strochein Edward Mattson Robert Morgan 3931 Silver Lake Road 3933 Silver Lake Road 3935 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Gladys Johnson Los LeTourneau Mary Kules 3939 Silver Lake Road 4021 Silver Lake Road 4035 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 0 andice Krieger Leonard Maile Susan Sutkowski 4023 Silver Lake Road 4025 Silver Lake Road 4027 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Michael Pisansky James Ardito Daniel Isaacson 4029 Silver Lake Road 4031 Silver Lake Road 4033 Silver Lake Road St. Anthony-, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 C. G. Rein Company Apache Mobil Service Sentinel Management 949 Sibley Memorial Highway 4000 Silver Lake Road 5151 Edina Industrial Blvd. St. Paul , MN 55118 St. Anthony, MN 55421 Minneapolis, MN 55435 I II i • RA EWAY BUILDING LE ERS NIO MMAN WXr \\\�\ 4$ 1\\ ` . LN,` \\\\ \� \m';y =1 WNWR FULL SIZE j � ,•• I�� I �:6);� 11 • ,_.._ „iir,;�: 1��,,!,tf(I'r.�,II!!n..61F'lia!r�l in Ll - c a t . . .. . •• -•.. 1 . 1 -9- 1 construction would not further aggravate that encroachment defined as the . 2 northwest corner of the existing service station building on said site. 3 4 In granting these variances, the Planning Commission finds that: 5 6 .1 . The encroachment would be caused by the triangular dimensions of the site and 7 it is perceived the owner should be given full consideration to properly 8 develop this project within the confines of those difficult dimensions; 9 10 2. Structural difference of the portion of the building considered to be within 11 the encroachment is vertical rather than horizontal ; 12 13 3. This request would be compatible with the previously approved Kenzington and 14 Walker on Kenzie, as well as the upcoming senior rental project to be developed 15 - by Arkell , in the surrounding area; 16 17 4. It should be recognized that there is an alleged difficulty or hardship not 18 created by persons presently having an interest in the parcel of land but 19 rather by the City ordinance because the developers are .attempting to improve 20 their property and to refuse their request to do so would impose an undue 21 hardship on them; 22 23 5. By approving this request, the City would be eliminating excessive curb cuts 24 to Kenzie Terrace; and 25 26 6. No one appeared in opposition to the variances at the December 2nd Planning 27 Commission hearing. 28 29 Motion carried unanimously. 30 31 At 9:45 P.M. the Chair opened the hearing to consider the request from Kenneth 32 Johnson, 1925 Simpson, Roseville., for a variance to the City Sign Ordinance which 33 would allow him to erect on a 20 foot high pole the 55 foot square (11 feet wide 34 by 5 feet high) sign he now has- on his roof in front of the Hardees Restaurant, 35 4004 Silver Lake Road, he and his wife, Charlene, have operated for the past 17 36 years. 37 38 The Planning -Commission had given the proposal a concept review the previous month 39 and had .let Mr. Johnson know at that time there was very little chance he would be 40 permitted the pylon sign he had requested. 41 42 The notice of the hearing had been published in the November 20th Bulletin and 43 'sent to all property owners of record within 200 feet of the subject property. No 44 one present indicated failure to receive, the notice or objected to its content. 45 Mr. Childs said the only call he had received had been from the Apache owners 46 whose only concern was that the sign be only monument type. 47 48 Mr. and Mrs. Johnson were present and Mr. Johnson continued to defend his per- 49 ceived right to be permitted the same type of signage the Amoco station just 50 south of him has to advertise food for sale, which the restaurant owner indicated 51 he viewed to be in direct competition with him. Mr. Johnson said his perception • 52 was that most of the monument signs throughout the City identified more service 53 type businesses like beauty shops, tire stores, etc. where customers are not 54 required to make spur of the moment decisions about stopping, as they are for his 35 restaurant. He said he understood the Rapid Oil Company not far from him had -10- 1 been permitted a pylon sign just because they had retained two gas pumps from th� 2station which had previously operated on that site. Mr. Johnson said he didn't 3think his business was that much different. He cited the need for more exposure 4 because of a direct competition from both the Zantigo Restaurant and Amoco and 5said another City fast food establishment, Kentucky Fried Chicken, had a building 6 much closer to the street where it could be seen more easily than his. 7 8 Mr. Johnson stated that the Mobil station pylon sign next door visually blocked 9 his sign and he said he expected the view of any ground sign would also be 10 blocked by cars parked at the station. The restaurant owner told the Commissioners 11 his existing roof sign which he now proposed to erect on a 20 foot pole was 12actually smaller than he would be allowed under the ordinance. Mr. Johnson con- 13cluded by saying he had always tried to be a good neighbor by keeping his property 14,up, remodeling the 'restaurant, and cleaning the trash picked up. Mr. Childs said 15it was true that Hardees would be allowed 150 feet of wall signage but he told 16 the petitioner the Sign Ordinance does not allow any free standing signs for 1 7 commercial establishments, which is why even a ground sign of the same dimensions 18 would require a variance. 19 20 Chester Krumm of the St. Anthony Townhomes across Silver Lake Road, indicated he 21would like the Hardees sign to stay right where it was . However, he acknowledged 2 2 the Townhome Association had also been allowed a ground sign although it had taken 23a good number of meetings before the sign was finally approved. He was told the 24final product had been one which more closely resembled what the City wanted than 25any other in St. Anthony. However, when Mr. Krumm was asked whether he opposed 26 the sign, he offered no opposition. 27 0 2 8 Commissioner Wagner told Mr. Johnson he was a regular Hardees customer and he 29 wasn't at all certain all the restaurant patrons were there because of last 30 moment decisions, but, rather it might be more accurateto say one in ten customers 31hadn't planned to eat there in the first place. The Commissioner said he certainly 32 didn't think the gas station would offer any competition for the type of food 33 Hardees serves and he doubted that the Mobil sign prevented drivers from seeing 34 the restaurant in time to stop if they wanted to. Commissioner Wagner said he 35perceived there was little justification for a pylon sign in that location and, 36in his own opinion, a "classier, groundhugging sign would be just as effective" . 37 38 The Chair agreed, saying there are residences across from the restaurant whose 39owners might not want to look at a tall pylon sign from their windows. 40 41 Commissioner Bowerman told the restaurant owners gas stations had been given the 42 privilege of identifying their brand names on pylon signs long before-he was on 43 the Planning Commission, but he did not perceive they had been given -the right 44 to advertise the food they sold in the station in the same manner. 45 :6 The hearing was closed at 10:00 P.M. for the Commissioners to develop a recom- 4 7 mendation to the Council . During the process, Commissioner Madden disagreed with 4 8 Commissioner Bjorklund's specifying the type of materials to be used in the planter 49 base, saying there had been similar signs in the City which had not been con- 50structed in the same manner. However, the Commissioner voted for the final motion 31which contained that specification. 52 5 3 After the vote on the following was taken, Mr. Johnson thanked the Commissioner 54and indicated he would have the architect draw up plans for the sign which he ,: would bring to Mr. Childs before the sign is installed in the spring : -11- 1 Motion by Commissioner Bjorklund and seconded by Commissioner Hansen to recommend � 2 the Council grant Mr. and Mrs. Kenneth Johnson, 1925 Simpson, Roseville, a 3 variance to the City Sign Ordinance which would allow the construction of a 4 55 square foot per side, free standing, groundhugging, monument type sign in lieu 5 of the existing pylon roof sign of the same size on Hardees Restaurant at 4004 6 Silver Lake Road. The sign, to be constructed on a two foot high planter of 7 masonry grade construction, with less than a foot of empty space between the 8 planter and the sign for greenery; with the total sign height no more than 8 9 feet above grade; and to be located east of the existing Hardees Restaurant 10 building, a's indicated on the site plan provided by the petitioners, which should 11 also become part of this motion. 12 13 In granting the variance to allow a commercial free standing sign, the Commission 14 finds that: 15 16 1 . Precedents for granting similar variances for monument type sign had been 17 established in the immediate vicinity for the St. Anthony Townhomes, Goodyear 19 Tire Center, and Cadwallader Realty, etc. ; 19 20 2. No opposition to the sign was expressed during the December 2nd Planning 21 Commission hearing or to staff prior to the hearing; and 22 4.. 23 3. The applicants have consistently followed up on earlier agreements they had ?4 with the City related to this property. 25 • 25 Motion carried unanimously. 27 -,s At 10:15 P.M. the hearing was opened on the request from Roger Bona to add a 29 triangular addition to the Standard Station at the corner of 27th Avenue N.E. 30 and Kenzie Terrace N.E. which would result in a 20 foot setback from Kenzie `T 31 Terrace where the ordinance requires 35 feet. The request also included a lot 32 split between the station and bakery properties, both of which Mr. Bona owns, 33 which would be necessary to assure adequate setbacks on the west side of the 34 gas station building. 35 30, The customary letter informing the petitioner that he must be present for the 37 hearing had been sent to Mr. Bona, Mr. Childs said, and the Manager indicated 38 he was surprised at the station manager' s absence because he had just talked to 39 him about the project, at the same time he had also advised Mr. Bona to discuss 40 his plans with the neighbors before the hearing. John Jadnak, 2805 - 27th 41 Avenue N.E. , had been present earlier that evening, and when the meeting went on 42 longer than he could remain, had told Mr. Childs he was concerned that the 43 proposed addition might lessen even further the parking availability on the 44 station property which is a problem for him now. The Manager said he thought it 45 was unfortunate that Mr. Bona had not discussed the new addition with his 46 neighbor as Mr. Childs had advised him to do. 47 48 Mr. Childs recommended the Commission table the matter until January during 49 which time he would urge the applicant to contact his neighbor to see if some of 50 Mr. Jadnak's concerns about the project could not be alleviated. 51 • 52 Motion- by Commissioner Madden and seconded by Commissioner Bjorklund to table 53 the Bona request. 54 33 Motion carried unanimously. The applicant's representative was advised that it would be beneficial for either Mr. Aulwes or someone representing his interests to be present at the Council's August 23rd consideration of his petition. Commission Approves Permit for a Burger King Restaurant at Apache but Has Concerns About Signaage 8 : 27 P.M. the Chair read aloud the two Notices of Hearing for a Conditional Use Permit and Sign variance for the above restaurant which :- had been published in the August 3, 1988 Bulletin and sent to all property owners within 350 feet of the Apache property line on Silver Lake Road. No one present reported failure to receive the notices or objected to their content. Proposal: *request from C. G. Rein Company, Apache owner, for the necessary conditional use permit and sign variance to allow the construction of a Burger King restaurant with a drive-up window in the same area as the vacated Sports and Health Club building which would be torn down; *three signs totaling 165.75 square feet are proposed for the building where the City Sign Ordinance allows only one sign per business and a total of 150 square feet of signage for this building: 1) A 4 foot X '4 foot (16 square feet) Burger King logo to be mounted on the south side of the proposed building; • 2) An 18 ipch X 14 feet 6 inch (21.75 square feet) wall sign on the east side of the building; 3) An 8 foot X 8 foot ( 128 square feet) monument type sign which would be located adjacent to Silver Lake Road at the north entrance to Apache Plaza. Staff Report• *Childs reiterated the information he had given in his August 12th memorandum in the agenda packet, including his comments related to the possible downgrading of the monument sign size to bring the signage in closer conformance with the Sign Ordinance regulations and the fact that the issue of hours of operation had been previously handled by the City when restaurants were required to be closed from 1:00 A.M. to 6:00 A.M. ; *indicated the Commission could address that issue as well as issues having to do with traffic, etc. when they made their recommendation regarding that particular use; *advised that the City Sign Ordinance does not allow free standing signs without variance but the Apache management perceives the necessity 9 for street identification of this restaurant which would be constructed more than 400 feet back from Silver Lake Road; *reported staff had received no calls or letters related to these proposals but he had received a call from Jake Cadwallader of the Cadwallader Realty Company across Silver Lake Road who asked for further information about the proposals but did not register any objections to the City granting the variances; *reiterated that every foot taken from the outside dimensions of the proposed monument sign would represent a substantial reduction of the signage size; *informed the Chair that he had checked on the Hardee's Restaurant signage and found the minutes of the meetings on the signage indicated the restaurant had been granted a variance for a monument sign 55 square feet on each side in lieu of the existing pylon roof sign which had also required a variance, but the owner had decided to keep the roof sign instead; *said the request for a monument sign for the Midwest Federal building just east of this building had been tabled and never resubmitted by the applicants, who had been directed to come back with options for the three signs they already had erected on the building after it- was reconstructed following the 1984 -tornado. Proponents: Dennis Cavanaugh, President of the C. G. Rein Company and Bill Sikora, Project Manager for the Rein Company. Mr. Sikora indicated the following about their request: *the restaurant would basically be a replacement for the existing building which is beyond repair and was poorly built 25 years ago with little or no insulation; *the existing structure would be torn down and the restaurant built a little bit closer to Silver Lake Road but still about 450 feet from the street; *the visibility for this Burger King Restaurant would be very poor compared to what those restaurants usually have; *the view coming south on Silver Lake Road is obstructed by the gas station and the Equinox Apartment building and also pretty well screened for traffic going north; *for this reason the Apache management was requesting a monument sign on Silver Lake .Road to indicate the restaurant's presence north of the Apache complex. 10 i The Rein representative indicated they were proposing to keep the existing concrete island next to the one way street which would become a drive-up lane for the service window. The trees which are planted • in the island would be retained. The area in front of the restaurant and the existing parking lot would be landscaped as shown on the site plans which had been included in the Commission's agenda packet. Mr. Sikora indicated a row of three foot high amur maple "bushy screen" would also be provided along the south side of the internal service road to Silver Lake Road which runs next to the garages for the apartment buildings. This screen would provide a buffer for the apartments. The existing-parking lot in that same area has spaces for 2,800 cars and Burger King would need 35 or 40 parking spaces and the Rein management representative perceived they now had an opportunity for breaking up this large parking area with landscaping which would also screen the parking area from the Silver Lake Road view. The monument sign depicted on the site plans would be an 8 X 8 foot sign mounted on a 2 foot high concrete base which would be located on the south side of the access road off Silver Lake Road. Mr. Sikora indicated the Apache management anticipated 80% of the traffic to this facility to be generated from the mall itself and the rest of the customers to come off Silver Lake Road. He added that the traffic generated from this facility would be "a drop in the bucket" when compared to the cars and customers coming to the shopping center. The Project Manager agreed with the Chair's perception that the existing • entrance to the one way road to the drive-up window would be a "tight squeeze for vehicles approaching from Silver Lake Road" and indicated he had already anticipated having to widen that entrance. He said another possibility would be to widen the existing island to about 15 feet, wide so cars would have . a better opportunity to straighten out before entering the drive-up lane. The Chair suggested the view of traffic entering the service road from the restaurant might be obstructed by the trees. Mr. Sikora indicated the planners had perceived it might be a good idea to screen the view of the drive-up window and the existing refuse enclosure from the service road but suggested the island might be extended further west or that exit closed off completely. Mr. Sikora reiterated the sign on Silver Lake Road was necessary to let the 20% or so prospective customers who are not shopping at Apache know the restaurant is there. He then pointed out that there is still evidence at the base of the existing Apache pylon shopping center sign that at one time Apache had monument signs. When the Project Manager said Burger King signs come in many sizes, Commissioner Brownell pointed out that if the sign were reduced to 6 feet X 6 feet, the total square footage would be 107 .75 and a 7 foot 11 • square sign would be 150.75. Mr. Sikora told him that if "push comes to shove" Apache would prefer eliminating the 16 square foot logo on the • south entrance to the restaurant, which he perceived "was pretty useless anyway. " When Chair Wagner suggested Midwest Federal might have some concerns about a monument sign in that location, Mr. Cavanaugh told him the sign had not been discussed with. the bank because the decision was only up to the center. Townhome Residents Across Silver Lake Road Indicate Their Concerns About Restaurant Eight of the residents from the townhomes across the street were present to speak against the proposal . . Chester Krumm, commented that the quality of the five trees in that island now would certainly prevent them from serving as a buffer for the restaurant. Leo Donahue said he lived right across from Midwest Federal and corrected the designation of the service road as being 39th Avenue N.E. , which instead has a semaphore traffic control . When told the service road was not a public street, Mr. Donahue said it was certainly used by a lot of the public and he was concerned with the amount of traffic he expected to be generated by this new restaurant. He said he would expect many "young people who play their radios real loud" to frequent this facility during the nighttime hours when the older people in his Q townhouse complex would be .trying to sleep. He said the area already has a Hardee's and a Zantigo restaurant as well as the oriental restaurant in Apache and Bakers Square on Stinson and he questioned whether another restaurant was needed. The complainant advised against "sinking too ,many dollars into the facility if its success is going to depend on customers from Apache Plaza. " Mr. Donahue reiterated his concerns about the age of the customers who he perceived would be the most likely restaurant customers . He said he understood thee had been a lot of police protection required for the Burger King at 19th and Central and was concerned his neighborhood would be experiencing the same type of problems with this facility. Mrs. Donahue wondered why the restaurant traffic couldn't be directed behind Apache instead of onto Silver Lake Road or at least required to use the semaphore exit instead of the service road. Dale Siegrist indicated he wasn't certain who was responsible for maintaining the service road -next to the apartments which the : Burger King customers would be using, but indicated he had observed that "watching the cars slipping, sliding, and rear ending on that incline the past few winters had been a real circus" . He indicated he expected the accidents which occurred on that road would be compounded unless the street is sanded and better maintained if the restaurant goes in. 12 • Arline Dick reported she had also seen many accidents on that service road. She was also concerned that lighting from the restaurant monument sign would be shining right into their townhome complex if the • restaurant is allowed to stay open late at night. The Chair told Mrs. Dick all lighting on the restaurant sign would be directed north and south and not in her direction. She was also reminded that the City ordinance required the restaurant to be closed between 1:00 A.M. and 6:00 A.M. Mrs. Dick indicated that she was "still opposed to the sign on Silver Lake Road because none of the other businesses had them and she could see no reason why "all of a sudden we have to have this one." xarguerite Andreason Gladys Johnson and Bernice Pehling from the townhouse complex were also present to oppose the proposal. Mr. Sikora responded to these objections by indicating: *the removal of some of the concrete from around the five trees in the island would probably cause them to grow better; *shrubbery in the island would probably be damaged by the snow plows; *confirmed that the service road was not a public road and belonged to Apache and said he could see where early in the morning before the mall is open thee might be problems on the sloped roadway; *however, said he was certain Apache would also be made painfully aware of any accidents which occurred because the first place those involved in an accident would go would be to the Apache office to complain; • *perceived most drivers like himself would avoid making a left turn into the northbound Silver Lake Road traffic from the service road; *he agreed that 'a large shopping center like this one generated a lot of traffic for -residential streets but thought putting up a light at that intersection would be possible but rather improbable because of the cost; *in relation to the lighting from the restaurant shining int the townhome windows, he said that the lighting proposed for the sign on the. building was not the type which projected out and the neighbors would probably have a hard time discerning the difference between the restaurant lighting and the lighting which is already present in the parking lot. When Commissioner Hansen commented that he perceived the decision to put the restaurant in that particular location must have been strictly the Rein Company's and he questioned the statement that the center couldn't put in a- curb cut to service a building which would be closer to Silver Lake Road. 13 Mr Cavanaugh told him Midwest Federal has a restrictive covenant in their agreement with Apache which prohibits putting another building • within 200 feet of their building. He also said a building closer to Silver Lake Road would block the .view of other mall tenants. When no further input to the discussion was offered, the Chair closed the hearing at 9:03 P.M. Commissioners All in Favor of Granting Permit For the Restaurant But Split 3 to 2 Against the Sicm Variance The following comments preceded the Commission motions related to the requested conditional use permit and the sign variance, which were considered to be separate issues: Hansen indicated he would have no problem with granting a conditional use permit for the restaurant, perceiving traffic congestion was a natural occurrence in shopping centers and reasonable actions on the part of .management can be taken to control traffic. He also said he thought the existing drives would be able to take care of "the addition- al traffic generated by this facility, which would not be much different from the business which was there before in terms of people coming and going. However, the Commissioner indicated he was opposed to the sign, perceiving the distance between the restaurant and the street was a result of choice by the center management, who he thought had several other options for locating the restaurant on their property. He also said he didn't consider an 8 foot X 8 foot sign to be "small" as it had Q been described in the petition for a sign variance. He conceded that the restaurant might be hard to see from Silver Lake Road but pointed out that other large tenants in the mall suffered from the same lack of identification which the City has always been reluctant to remedy by allowing further signage. He indicated that ' he would hate to see signs for Penneys, Warners, etc. all start to appear along Silver Lake Road, which up to now the City has managed to keep residential appear- ing. The Commissioner answered the Chair's query about whether he would consider voting for a smaller sign by saying he would not. The Chair recalled a monument sign had been denied Zantigo's and remembered that when the City had allowed- Apache management to add a sign for Herberger's below their center identification on the pylon sign, the Council had warned that this would be the last sign of this type which would be allowed at Apache. The general consensus was that they had meant on 'the pylon sign. Werenicz said he also favored granting the conditional use permit for a Burger King restaurant because he had noted that most of the Burger King facilities being constructed now were very nice buildings which are tastefully done and from his observations of the manner in which they 14 • are operated, had concluded one at Apache would be an asset to the community. He disputed the information which had been offered regarding the 19th and Central Burger King, saying he knew many of the Eastside • police and had yet to hear from any of them that this particular restaurant was a "major trouble spot" in spite of the fact that the area is not the same as St. Anthony and the young people who frequent that spot might not be .the same as those who would be customers of the Apache restaurant. The Commissioner indicated he wasn't really opposed to the Burger King sign being erected in the spot which had been proposed, although he would like to see it a little .bit smaller than 8 X 8 . He agreed that scaling the sign down to 6 X 6 would result in a substantial decrease in the total signage for this facility at the same time-it would serve as an adequate identification for the restaurant. Madden commented that he thought a Burger King Restaurant would "brighten up" that part of Apache which had been neglected since the Sports and Health Club closed. He said he also thought the 450 foot distance between the restaurant and the street was a justification for allowing an identification sign on Silver Lake Road to let people know the restaurant is back there. The Commissioner said he wouldn't object to an 8 x 8 sign but would go along with a smaller one if the applicants were agreeable to reducing the size. Brownell indicated- he would be in favor of granting -a conditional us permit for the restaurant but an 8 X 8 sign was a problem for him. He .said he was in favor of granting a variance for the signage on the building and would not oppose a monument sign which would keep the • total signage within the 150 square feet the Ordinance allowed this building. The Commissioner said he would like to see some other way of directing the restaurant traffic away from the facility so cars wouldn't be exiting directly onto the service road whether that meant extending the island next to that roadway farther to the west or shutting off that access completely and forcing the restaurant customers to use the 39th -Avenue driveway with the semaphore instead. Hansen stated that he wasn't opposing the signage proposed for the building itself, but perceived the residents across Silver Lake Road were justified in their opposition to a sign next to that roadway. He reminded the Commissioners that -the City had allowed those townhomes to be built in that location and reiterated that he was opposed to establishing a precedent for more signage which would ruin the appearance what is now "a very pleasant appearing street. " The Commissioner disputed the assertion that the restaurant's location mad it "unique" , saying its distance from Silver Lake Road had been the choice of the Apache management and he didn't think they had proved any "hardship" to justify a variance. Chair Wagner said he had to agree that the shopping center management had other options for locating the restaurant and with Commissioner 15 • Hansen's conclusion that the City "didn't need another free standing sign on Silver Lake Road. " Although he would be opposed to a sign as • large as the one proposed by the applicants, he was forced to acknowledge the City had already set the precedent for approving lighted monument signs in that area, which made it difficult to deny some sort of monument signage for the Burger King restaurant. The Chair said he could probably vote for a 6 X 6 sign. Commission Recommendations Motion by Brownell, seconded by Werenicz to recommend the City Council grant a conditional use permit to the C. G. Rein Company to construct the free standing Burger , King restaurant with a drive-up window proposed in the site plans presented at the August 16 , 1988 Planning Commission hearing with that permit made subject to the conditions in the City Zoning Ordinance for a "C" Commercial Zone and limited to the hours of operation contained in the City Code. The Commission recommends that the permit also be subject to modification of the site plans to provide southbound access into the drive-up land and to prevent immediate access onto the north service road to extend the existing island a minimum of 40 feet west without high landscaping, so visibility of cars exiting the drive through land would be provided for traffic'.on the service road. Motion carried unanimously. Motion by Werenicz, seconded by Madden to recommend the City Council .grant the request from C. G. Rein Company for a variance from the sign regulations of the City Sign Ordinance to allow all thev signage which mow had been requested with the exception of the monument sign adjacent to Silver Lake Road, which would be reduced to a 6 foot X 6 foot sign (72 square feet) which would bring the total signage for the three signs to 109.75 feet where the Ordinance would allow 150 square feet of signage for one sign on that building. The monument sign would be internally lit as indicated on the site plans for the building and could only be lit during the hours of operation established for recreational establishments. In recommending the variance be granted, the Planning Commission finds that the fact that the proposed building would be located 450 feet from Silver Lake Road creates a unique circumstance which calls for identification by signage closer to the street. Before the vote was taken, Commissioner Hansen suggested that enlarging the signage on the building itself might provide adequate identification a street sign. He also wanted the record to show that eight residents in that area had spoken against the monument sign during the Commission hearing. Voting on the motion: Aye: Werenicz and Madden Nay: Hansen, Brownell , and Wagner 16 • Motion carried__u Conformance of the Evergreen Townhouse Proposal to St Anthony's Comprehensive Plan Affirmed by Motion Mr. Childs informed the Commissioners that the City Attorneys felt that the motion to approve the zoning for the- Evergreen Tax Increment Project had not clearly indicated that the plan was in conformance with the City's Comprehensive Plan and had suggested another motion reaffirming that conformance would be desirable. Motion by Madden, seconded by Brownell to affirm that the Evergreen Townhouse proposal was in conformance with the City's Comprehensive Plan. Reservations to be Taken for Attendance at Planning Conference, September 14-17th Commissioners who were interested in attending any of the sessions of the American Planning Association Upper Midwest Regional Conference at the Holiday Downtown in Minneapolis were urged to let staff know in time to make the necessary reservations. Mr. Childs indicated his membership in the APA qualified them for attendance. Childs Gives Update on Various City Projects The Manager's report included: • *the carbon filtration plant enclosure; *indication that after spending a couple million dollars to prove what everybody else knew all along, the Army. appeared to be finally close to accepting responsibility for contamination St. Anthony's water supply; *the 8 foot X 14 foot St. Anthony Village identification sign to be erected in the City's entrance in Trillium Park-and median-changes the Public Works is making in that area; *personnel and responsibility changes in the front office staffing; *the- mural suggestion had been withdrawn by the St. Anthony Shopping Center managers; *an invitation to attend the Army's information meeting to be held in the Council Chambers; *start of Rapid Oil Station rebuilding project. 17 1 1) all three conditions required by statute to be satisfied affirmatively 2 before a variance can be granted, have been met with this proposal ; • 3 2) the fact that the restaurant is located on three streets seems to 4 justify the variance; 5 3) no neighborhood opposition to the variance was expressed to staff 6 prior to or after the Planning Commission August 16th hearing or 7 demonstrated during either that hearing or the Council's consideration 8 of the proposal , August 23rd: 9 Motion carried unanimously. 10 Applicant's Willingness to Locate Burger King Sian Next to Signalized 13 Entrance Leads to Council Granting Sign Variance for Apache Restaurant 12 Sigmage 13 The Council agenda packet contained the same documents as had been 14 provided the Planning Commission with the addition of the floor plan and 15 elevations for the proposed restaurant building and a copy of the 16 minutes for the Council's December 5, 1985 meeting related to the sign 17 the Council had given the Hardee's Restaurant owner to erect a monument 18 sign on his property just north of Apache, which he had not erected to 19 date, preferring to keep the existing roof sign instead. 20 Proponents 21. William Sikora, Project Manager for the C. G. Rein Company and Dennis •22 Cavanaugh, President of that company:, were again present to seek 23 approval for a Burger King Restaurant to be erected in almost the same 24 location as the existing Sports and Health Club building on the north 25 side of Apache Mall as well as signage for the restaurant, which would 26 require a variance to the City's Sign ordinance. 27 Mr. Sikora reiterated much of the information he.had given the Planning 28 Commission, adding that the site plans had been redrawn to make the 29 changes suggested by the Planning Commissioners for rerouting traffic 30 flow from the drive up window in such a manner as not to interfere with 31 traffic on the adjacent north service road. A revised drawing of the 32 site with these changes incorporated was shown for the benefit of the 33 Council and residents of the townhomes directly across Silver Lake 34: Road. The plans included the suggested widening of the median east of 35 the drive-through lane to 25 feet and showed tall bushes and trees to 36 screen the call box and the parking lot adjacent to the site from the 37 Midwest Federal parking lot and the view of the residents in the 38 townhouses. Similar screening was indicated for the service road and 39 Equinox Apartments on the existing island running east and west which 40 had been extended as requested farther to the west for safer traffic 41 flow away from the drive-up window. • 6 1 The proponents defended the 8 X 8 foot monument sign proposed to be 2 erected 25 feet from Apache's eastern-most property line on the south • 3 side of the service road off Silver Lake Road, indicating: 4 *the necessary utilities were already in place at that location; 5 *Burger King's lease was contingent upon their being allowed a 6 sign on Silver Lake Road; 7 *Apache management could go along with reducing the sign to 6 X 6, 8 on which the Commission's vote had been based; 9 *they considered this to be a "unique" situation because of the 450 10 foot distance between the proposed building and the street which 11 required identification for "impulse" patrons; 12 *it seemed to them that Apache was being penalized for the outlot 13 setting for the proposed building and for not platting the build- 14 ings in the shopping complex separately; 15 Mr. Cavanaugh added that: 16 *a building closer to Silver Lake Road on the same side as Midwest 17 Federal would have to be constructed 200 feet away from that 18 building and one on the other side of the main entrance would 19 interfere with needed parking space south of the entrance; 20 *in either of those locations a building would block the 21 visibility of tenants in the mall while a building in line with 22 the main building would create "less clutter" than one closer to 23 Silver Lake Road. 24 Councilmember Enrooth indicated he perceived the precedent for monument 25 signs, some larger than the proposed sign, and a good number of them 26 lighted, had already been well established for that area along Silver 27 Lake Road. He identified 11 of these by name and reminded the townhome 28 residents that the City had granted them a variance for their own 29 identification sign not too long ago. 30 When Commissioner Hansen restated his concerns that a good many of the 31 businesses in and behind the mall like Country Store; the SAV liquor 32 warehouse; Domino's Pizza; Firestone Tire; etc. might be coming in for 33 signage identification on Silver Lake Road when they realized the City 34 had allowed Burger King signage on that roadway, Mr. Cavanaugh told him 35 Herberger's sign is the only exception to Apache's policy of not 36 allowing free standing signage for other than detached buildings in the 37 complex. It was also pointed out that the Domino Pizza store was in a 38 separate shopping center building with its own center identification; 39 Country Store and the SAV warehouse are both in buildings owned by 40 Apache Plaza; and the Firestone store has two street frontages. 7 1 Mayor Sundland commented that he perceived, the sign might increase 2 business for Apache and he thought the residents of the townhomes might 3 consider a small monument sign a good tradeoff for having a restaurant 4 built 450 feet away from the roadway instead of right across from 5 their homes. 6 Gladys Johnson, a townhome resident, told him the residents in her area 7 "couldn't see -any need for a Burger King at Apache in the first place 8 and continued to believe the proposed sign would be 'very unsightly' 9 right across from their homes. " 10 Councilmember Ranallo recalled that he had voted twice against allowing 11 TCF the type of signage it now has but pointed out to Mrs. Johnson 12 that he perceived it would be very likely that if the City denied the 13 smaller 6 X 6 sign, Apache might decide instead to construct the 14 restaurant "right across from you" . 15 Commissioner Hansen interjected that he didn't think the townhome -16 residents should be "mislead to think they had no choice in the matter, 17 since there was no assurance the Commissioners would go along with a 18 Conditional Use Permit for a restaurant 200 feet from Midwest Federal." 19 He said no such option had been offered during the Commission hearing. 20 Mr. Sikora responded that Apache was not seeking a permit for any other 21 site than the one identified in their proposal. He also told the 22 Council that it had been only one Commissioner who had been strongly 23 opposed to the signage request and "he clearly influenced the other two •24 to vote against the final motion. " 25 Councilmember Ranallo questioned the City Attorney about what he thought 26 Apache's reaction would be about being denied a monument sign in an area 27 where many precedents for that type of signage had already been 28 established. Mr. Soth indicated he was certain the shopping center 29 owners would argue that point. 30 Councilmember Marks indicated he could certainly, see the need for 31 better identification of a building so far from the road and wanted to 32 be convinced that a variance should be granted for a monument sign. 33 However, although he could see where from a business standpoint, the 34 request might be considered "unique" , from the standpoint of land use 35 and the City's Ordinance, he hadn't been completely convinced that it 36 would be a real hardship for the owner if he were not allowed to put up 37 the sign because he perceived no, unusual topography for the parcel 38 which would prevent "a reasonable use of the land" if the restaurant 39 wasn't allowed. He said he had difficulty seeing where the three 40 conditions required to be satisfied before a variance could be granted 41 could be answered affirmatively with this proposal. The Commissioner 42 also told the applicants the policy about not allowing free standing 43 signage for any Apache businesses except those in detached buildings was 44 strictly Apache's. 8 1 Mr. Sikora pointed to the slope of 10 or 12 feet between the proposed 2 building site and Silver Lake Road where the ground is mounded up above • 3 the street grade. He also said visibility of the building would be 4 blocked for all southbound traffic by all the structures like the gas 5 station and the apartment building on that side of "Silver Lake Road and 6 for northbound traffic by Apache Plaza itself . Trees in the landscaped 7 area in front of the proposed building, "which Apache certainly doesn't 8 want to take down" would block, the visibility of the Burger King sign 9 on the east side of the building. The Apache representative indicated 10 - another "hardship" which should be considered would be the fact that 11 the existing building was beyond repair and in such condition that 12 Apache hasn't been able to keep tenants since the Sports and Health Club 13 moved out. He reiterated that "Apache perceived they could live with 14 a 6 X 6 foot sign, which meant there would only be a total of 109 .7 15 square feet of signage on a building for which the City Ordinance 16 allowed 150. " Mr. Sikora told the Council all the monument sign would 17 indicate would be that there was a drive-up service at the restaurant 18 and no attempt would be made to list specials like "Whoppers" on the 19 sign. 20 As further justification for an Apache monument sign along Silver Lake 21 Road, the Apache Project Manager related the past history of free 22 standing signs for the center, including a 20 foot long sign facing 23 both north and south, which identified Apache as "the Gateway to St. 24 Anthony" and which called it the "Center of the Community" . He also 25 pointed out that at one time there had been three 100 foot flag poles 26 with Apache flags on them on the--property_._ _ 27 Townhome Association President Suggests Moving the Sicm Closer to the • 28 Bain Entrance 29 The tone of the whole discussion changed when Chester Kru= wondered 30 whether the sign might be more effective next to the signalized entrance 31 at 39th Avenue. 32 Councilmember Enrooth indicated he could see some merit in doing that 33 because he perceived if Apache was going to depend on 20% of Burger 34 King's patronage coming from the ,impulse reaction of drivers along 35 Silver Lake Road, a sign would probably be much better in the suggested 36 location because next to the service road, by the time the northbound 37 traff is sees the sign, it would. be 'too late to turn into the center and 38 the sign's visibility for southbound traffic would be less obstructed 39 by the structures north of the service road in that location. The 40 Commissioner also commented that the drivers would have more time to see 41 the sign while stopped for the- signal and it would certainly be a lot 42 easier for them to get into the center through the .main entrance. 43 Mr. Cavanaugh agreed with this assessment, saying by utilizing the main 44 entrance to get to the restaurant, the drivers would be continuing the 45 existing traffic flow patterns through the parking lot. The Rein 46 President then stated that he would be willing to go along with putting 9 • 1 the sign closer to the signaled entrance and recommended the same to 2 Burger King. 3 Council Action 4.. Motion by Enrooth, seconded by Marks to grant the necessary variance to 5_:.. the City- Sign Ordinance which would allow the signage proposed by Apache 6 management on the south and east walls of the proposed Burger King 7 Restaurant building as well as the 6 foot X 6 foot monument sign Apache 8 had agreed to locate on the north side of the signalized 39th Avenue 9 entrance to the shopping center. The Silver Lake Road sign is to be 10 mounted on a concrete base which can be no higher than two feet above 11 grade and staff is authorized to work out its exact location with the 12 center owners. 13 Motion carried unanimously. 14 That vote prompted Commissioner Hansen to warn the Council that they 15 "should be ready to consider requests for a lot more signage along 16 Silver Lake Road. " Councilmember Enrooth told him that if that 17 happened, each request would have to be 1-ooked at individually in light 18 of its own merits. 19 Motion by Marks, seconded by Enrooth to grant a conditional use permit 20.:.to the.. C.- G. Rein Company to construct the free standing Burger King 21 Restaurant with a drive-up window proposed in the plans presented at the •22 Council's August 23 , 1988 meeting, with that permit made subject to the 23 conditions in the City Zoning Ordinance for a "C" Commercial Zone and 24 limited to the hours of operation contained in the City Code. As 25 recommended by the Planning Commission, this permit would also be 26 subject to modification of the site plans to provide southbound access 27 onto the drive-up lane and, to prevent immediate access onto the north 28 service road, to extend the existing island between the site and that . 29 roadway a minimum of 40 feet west without high landscaping, so ;x.30 visibility for cars exiting the drive-through lane would be provided for 314 traffic on the service road. 32 carried unanimously. 33 Waste Management Recommended by Recycling Task Force to Collect 34 Recyclable Materials Along With Regular Garbage Collections 35 The July 18th meeting notes for the above Advisory Committee had been 36 included- in the Council agenda packet. The report included Task Force 37 comments on the Reuters operation as well as the reasons Waste 38 Management's was the one which the Task Force recommended be accepted 39 for the City's state mandated recycling efforts. 40 Lauren McClanahan. Keith Pearson, and Councilmember Enrooth -discussed 41 the Task Force recommendation. Bob Christen of Waste Management 42 reported his company's experience in Robbinsdale, Circle Pines and a • 10 DETAILED PARTS PLI,IN CUT MATERIAL TOTAL RAW MA. AMT. JUNI I I DET. QUAN. DESCRIPTION LENGTH DEAN LENGTH MAT L SPECS PART NO. RAW MATERIAL NO. LENGTH USED MEA. NO. MAT'L SPECS I �=1012 15-? NEorl . 12'48, Ntow „ NEp�.1 (o�-Sh UEo�l I O'•? NEoN LJ Id-Co r t I I I I I I f l I I I I II I II I CL Yi . I l I p!1p�' RacE wA / AMP ToGG�E SwiTC4 pN F,pcK 4 c,;,;: 2pcEWAY �Y13 c� 9OLE Fog ELECTQICAL- Ste pE-��•�.'P` 5. 3 -to'CQ•1r aMPs FjZ01`t� ELfC VATIpt�1 .NOTICE OF PUBLIC HEARING YEAR XV (1989) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Notice is hereby given that the Planning Commission of the City of St. anthony in cooperation with Hennepin County, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, is holding a public hearing on Wednesday, April 5, 1989, at 9:00 P.M. in the Council Chambers of City Hall, 3301 Silver Lake Road (enter northeast door) . The public hearing is on the housing and community development needs of the City and Urban Hennepin County, the Urban Hennepin County Community Development Block Grant Program Statement of Objectives,- and the proposed use of the Year XV Urban Hennepin County Community Development Block Grant Program Planning Allocation of $26, 403 by the City. The Statement of Objectives consists of seven program areas, basically: (1) Administration, to maximize program benefit and effectively administer program funds; (2) Housing, to rehabilitate and assist in the development of housing which is affordable to low- and moderate-income households; (3 ) Neighborhood Revitalization, to maintain and preserve viable neighborhoods through concentrated community development activities; (4) Public Facilities, to improve existing and assist in the development of new public facilities which benefit low- and moderate-income persons; (5) Economic Development, to provide financial assistance to businesses which will provide or retain employment to the benefit of low- and moderate-income -persons; (6) Public Services, to expand and improve the quantity and quality of public services available to low- and moderate-income persons; and (7) Removal of Architectural Barriers, to remove material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons. The City of St. Anthony is proposing to undertake the following activities with Year XV Urban Hennepin County CDBG funds starting about. July 1, 1989: Activity Budget Senior Citizens Program $ 3 ,903 Single Family Housing Rehabilitation $10,000 (low- moderate income) Recodification $12,500 • -a- For additional information on the proposed activities, level of funding, program .objectives and performance, contact the City of St. Anthony, 789-8881, or the Hennepin County Office of Planning and Development at 348-6418. The public hearing is being held pursuant of MS 471.59 David M. Childs City Manager Publish: March 15, 1989 I • STATEMENT OF OBJECTIVES YEAR XV (1989) URBAN HENNEPIN COUNTY' CDBG PROGRAM Community'Development Block Grant funds may be used to support a wide range of housing and community development activities. The Statement of Objectives provides a framework for use by Urban Hennepin County participants in develop- ing local community development programs'. Urban Hennepin County objectives are supportive of the national CDBG objectives and are intended to illustrate their application to the Urban Hennepin County CDBG program. The national objectives of the CDBG program are: developing viable urban communities by providing decent housing, a suitable living environment and expanded economic opportunities principally for low and moderate income .persons; aiding in the prevention or elimination of slums or blight; and meeting other community development needs having a particular urgency. Each activity carried out with CDBG funds must, of course, be eligible under program regulations (24 CFR 570) as well as fundable pursuant to a national program objective. The Urban Hennepin County CDBG objectives are presented by major program subheadings. They are highlighted under the subheading. ADMINISTRATION The CDBG program requires that Urban'Hennepin County maximize the benefit of available funds consistent with the needs of low and moderate income persons and participant communities. In like manner it is a program responsibility to maximize program benefit and effectively administer program- funds. - Contain program administrative costs through the use of program manage- ment contracts for joint activities funded by several jurisdictions. - No more than three activities should be undertaken by any participating community. Each activity should be budgeted with at least $7,500. In cases where the planning allocation is less than $7,500 only one activity should be programmed. When funds are committed jointly with other participants to carry out a single activity these limits need not apply. - Facilitate cooperation among participants in the development and imple- mentation of multi-community CDBG activities to address common concerns and needs. - Support program activities which will generate program income to maintain a level''of program funding. - Maintain a process for citizen participation in the development, imple- mentation and evaluation of the'Urban Hennepin County CDBG program. - Implement Urban Hennepin County CDBG assisted activites in compliance with the Urban Hennepin County Antidisplacement and Relocation Plan and the Uniform Relocation Assistance and Real Property Acquisition Policies Act. HOUSING Urban Hennepin County has established goals which are approved by the Depart- ment of Housing and Urban Development for the construction of new housing and the rehabilitation of existing housing for low and moderate income owner and renter households. - Facilitate the development of housing activities consistent with Urban Hennepin County goals and priorities. - Encourage multi-community cooperation in housing development and rehab- ilitation programs._ • Support the development of new owner/renter housing affordable to low and moderate income households. - Support the rehabilitation of existing rental units and single-family dwellings. - Support the development of transitional housing facilities for persons who are homeless or at risk of becoming homeless. NEIGHBORHOOD REVITALIZATION As an intergovernmental effort, Urban Hennepin County includes abroad range of communities and neighborhoods, some of which, due to the age of their structures, are in need of assistance for infrastructure rehabilitation/ • installation. Maintain and preserve viable neighborhoods and neighborhood commercial service centers through concentrated community-development activities. PUBLIC FACILITIES AND IMPROVEMENTS The provision and improvement of public facilities represents a significant cost to the community and the individual user (particularly those of low and moderate income) . Improve existing and assist in the development of new public facilities which benefit low and moderate income persons. Included in this objec- tive are those public and/or nonprofit facilities designed for providing shelter for persons with special needs. ECONOMIC DEVELOPMENT Within the context of the Community Development Block Grant Program economic development must relate to the creation or retention of long-term employment opportunities for low and moderate income individuals. Provide financial assistance to for-profit or non-profit business operations which will provide or retain permanent employment oppor- tunities for low and moderate income persons, at a ratio of at least one • full-time j-ob created or retained for each $10,000 of program funds used. PUBLIC SERVICES • The CDBG program asserts that the expansion and improvement of the quantity and quality of public services .available to low and moderate income persons is for the essential development of viable communities. Provide funding for public services which represent 'a new service or expanded level of service consistent with CDBG regulations. REMOVAL OF ARCHITECTURAL BARRIERS The Urban Hennepin County CDBG program is committed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to public buildings, facilities and improve- ments and public and private housing. .S 2/10/89 PLANNING ALLOCATIONS YEAR XV (1989) URBAN HENNEPIN COUNTY YEAR XV ALLOCATION Community Brooklyn Center 202, 316 Brooklyn Park 305, 531 Champlin 34 , 688 Chanhassen 33, 488 Corcoran 32, 346 Crystal 117, 394 Dayton 25, 601 Deephaven 16, 303 Eden Prairie 67,445 Edina 139, 118 Excelsior 14 , 018 Golden Valley 71, 067 Greenfield 7,897 Greenwood 3, 293 Hanover 5-, 372 Hassan 12, 393 Hopkins 94 , 906 Independence 14 ,943 Long Lake 6, 431 Loretto 1, 607 Maple Grove 89, 247 Maple Plain 6, 997 Medicine Lake 1, 578 Medina 13 , 803 Minnetonka 125, 713 • Minnetonka Beach 807 Minnetrista 20,275 Mound 64 , 507 New Hope 113 , 903 Orono 23,976 Osseo 18,453 Plymouth 133 , 854 Richfield 171,909 Robbinsdale 64,, 879 Rockford 19, 370 Rogers 6,946 Shorewood 20,595 Spring Park 9, 558 St. Anthony, 26,403 St. Bonifacius 7 ,235 St. Louis Park 211, 613 Tonka Bay 5, 278 Wayzata 16,738 Woodland 3, 409 Total 2 , 383 , 200 Hennepin Cty. 264 , 800 Total Alloc. 2 , 648, 000 URBAN HENNEPIN COUNTY PROGRAM YEAR XV • STATEMENT DEVELOPMENT SCHEDULE February 13, 1989 Year XV Informatation Mailing to Cooperating Units March 1-30, 1989 Local Public Hearings April 15, 1989 Requests for Funding due to Hennepin County May 25, 1989 Hennepin County Public Hearing on Year XV Statement of Ojbectives and Projected Use of Funds May 30, 1989 Hennepin County Board Authorizes Submittal of the Year XV Statement of Objectives and Projected Use of • Funds to HUD June 1, 1989 Year XV Statement due to HUD July 1, 1989 HUD Authorization to Implement the Year XV Statement July 31, 1989 Execution of Subrecipient Agreements Between Hennepin County and each Cooperating Unit to Permit Disbursal of Funds 2/10/89 DATE: March 2, 1989 TO: Urban Hennepin County Subrecipients • HENNEPIN FROM: Hennepin County Office of Planning & Development SUBJECT: FY '89 CDBG PROGRAM INCOME LIMITS - SECTION 8 Enclosed are the revised income limits for lower-income (80% of median) and very low income (50% of median) households. These income limits are based on the HUD estimates of median family income for Fiscal Year 1989. As required by statute, adjustments have been made by HUD in the income for smaller and larger families by using the four-person family as a base and applying percentage adjustments for various size families. These income limits must be used in calculating household income eligibility for' all CDBG funded activities which need to document low/moderate income . benefit. These income limits are effective until further notice. MSA: MPLS./ST. PAUL - FY '89 MEDIAN. FAMILY INCOME: $42,300 Lower Very Low Income Income 1 Person $23,700 $14,800 2 Person 27,100 16,900 3 Person 30,450 19,050 4 Person 33,850 21,150 5 .Person 35,950 22,850 6 Person 38,100 24,550 7 Person 40,250 26,250 8 Person 42,300 27,900 tf Enclosure • C 2 TY O F S T _ ANTHONY C=TY C OUN C= L M 2 NUTS S FEBRUARY 1 4 1 9 8 9 1 The meeting was called to order at 7: 30 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, -Ranallo, Sundland, Enrooth, Makowske. 5 Also present: Sue VanderHeyden, Assistant to the City Manager. 6 JANUARY 24, 1989 COUNCIL MEETI_NG MINUTES 7 Motion by Marks, seconded by Enrooth to approve as presented. 8 Motion carried unanimously. LICENSESIPERMITS/PETITIONS 10 Motion by Marks, seconded by Makowske to grant all the following it licenses as listed in the Council's February 14th agenda packet: 12 Contractors 13 Attracta Sign, Inc. , Richfield, MN 14 Frana and Sons, Inc. , Eden Prairie, MN 15 Kaufman Sign Co. , Minneapolis, MN 16 Endura Construction Specialties, Inc. 17 Heating . 18 Air Corp. , Inc. , Plymouth, MN 19 Motion carried unanimously. 20 CLAIMS 21 Motion by Ranallo, seconded by Makowske to approve payment of all City 22 accounts payable as listed for January 30 and 31, 1989. in the Council 23 agenda packet. 4 Motion carried unanimously. 1 1 Motion by Marks, seconded by Sundland to approve payment of $1,490 .00 • 2 to Copy Duplicating Products for the Fire Department copier the cost 3 of which had been included in the 1989 budget. 4 Motion carried unanimously. 5 Motion by Makowske, seconded by Marks to approve payment of $1 ,500.00 6 to Kruge Air Systems as budgeted for a Public Works Department Graco 7 pressure washer with filter regulator. 8 Motion carried unanimously. 9 Motion by Enrooth, seconded by Marks to approve payment of $3, 381.04 to 10 the City of Columbia Heights for St. Anthony's share of the preliminary 11 engineering and concrete restoration costs on a section of pavement on 12 37th Avenue N.E. near Stinson Boulevard. 13 Motion carried unanimously. 14 Motion by Ranallo, seconded by Marks to approve payment of $1,776.40 to 15 Surplus Office Supply for chairs and chair caddies to replace those 16 returned to the .school district_ when the City took possession of the 17 Community Center. 18 Motion carried unanimously. 19 Motion by Ranallo, seconded by Enrooth to approve payment of $3 ,226.14 20 to Buetow and Associates, Inc. for architectural services from November 21 30, 1988 through January 20, 1989, in conjunction with the feasibility 22 study of the Community Center. 23 Motion carried unanimously. 24 Motion by Marks, seconded by Makowske to approve payment of $869.73 to 25 the Dorsey & Whitney law firm for legal services rendered to the City 26 during December, 1988. 27 Motion carried unanimously. 28 Motion by Makowske, seconded by Enrooth to approve payment of $2,400.00 29 to the Hance & LeVahn law firm for legal services rendered for the month 30 of February, 1989, relative to St. Anthony prosecutions. 31 Motion carried unanimously. 32 Motion by Marks, seconded by Enrooth to approve payment of $2,694.25 to 33 the Briggs and Morgan law firm for legal services rendered during 34 December, 1988, relative to settlement negotiations with the U.S. Army ' 35 in conjunction with the City's water contamination problems. 36 Motion carried unanimously. • 2 Motion by Enrooth, seconded by Marks to approve payment of $3 , 348.00 to Calgon Carbon . Corporation for servicing the City carbon filtration 3 facilities during January, 1989 . 4 Motion carried unanimously. 5 Motion by Ranallo, seconded by Enrooth to approve payment of $3,450 to 6 Delson Plumbing, Inc. , for plumbing services in conjunction with the 7 remodeling of the City Fire Station and to defer action on the $765.00 8 for the handicap charges for further information from staff as to why 9 those charges were not included in the original bid. 10 Motion carried unanimously. 11 Motion by Marks, seconded by Ranallo to approve payments of $1 ,595. 27 12 and $3 , 235.50 to SEH. , Inc. , for engineering services from November 13 13 through December 24 , 1988 on the Foss Road lift station project and from 14 July 24 , '1988 through January 21, 1989 on the 1988 City MSA account. 15 Motion carried unanimously. 16 REPORTS 17 COUNCIL REPORTS 8 Interesting Chem Council Meeting Reported 9 Councilmember Makowske reported she would be attending the Ramsey County 20 League -of Local Governments the following evening. She also reported 21 attending the St. Anthony/New Brighton Chem Council luncheon February 22 . ist from which she had returned with copies of various pieces of 23 literature which were being passed among the other Councilmembers for 24 their information. The Councilmember indicated there had been at least 25 20 persons present with representation from the school district, 26 including St. Charles Borromeo -School, a City police officer and members 27 of the community. It was decided similar get-togethers every four or 28 six months would be advantageous to determine just how the Chem Council 29 could best serve the community. Mayor Sundland indicated he was glad 30 all schools were becoming involved, perceiving that was the only way in 31 which the drug awareness goals of the organization could ever be 32 realized. 33 Enrooth to Attend Hennepin County Ground Water Committee Meeting, 34 February 15th 35 The Councilmember commented that he understood state legislation related 36 to ground water contamination was already in the works and he perceived 37 a settlement with the Army for the Twin Cities Army Ammunition plant 38 contamination of St. Anthony's water supply would come just in time, 39 for anticipated state action regarding similar contaminations of 40 aquifers from uncapped wells and many other sources was imminent. 3 1 Ms. VanderHeyden assured the Councilmember that staff was working on the • 2 report from the Council's special meeting on recycling. 3 Mayor and Public Works Director to Address the League of Women Voters, 4 February 23rd 5 Mayor Sundland reported receiving the above invitation the previous 6 evening and said he and Mr. Hamer would be reporting on various City 7 matters like the City's fire insurance rates, etc. at that meeting. 8 Ranallo Announces Candidacy for League of Minnesota Cities Vice 9 President 10 The Councilmember indicated he would be officially announcing his intent 11 to run for the above office during the meeting of the . LMC Board of 12 Directors the following day. 13 Marks Hopes to Step Down as Chair of the Youth Service Bureau Board 14 The Councilmember reported that after two years of service, he was 15 hoping to chair his last Board meeting the following Thursday. 16 DEPARTMENT AND COMMITTEE REPORTS 17 The following were ordered filed for future reference after brief 18 discussions of each: 19 *January 20th and February 2nd reports from the Hance and LeVahn law 20 firm reporting cases the City prosecutors had handled for the City in 21 Hennepin County District Court from January 18th through February 1st, 22 . 1989; 23 *January Fire Department Report; 24 *January Liquor Operations Sales Summary. 25 Fire Chief's Medical Problems Noted 26 Mayor Sundland mentioned that Fire Chief Entner was -undergoing intensive 27 testing at Unity Hospital for severe head pain and suggested a get well 28 card from the Council might be appropriate. Ms. VanderHeyden said she 29 would ask the City Manager's Executive Secretary to send a card 30 reflecting the Council's concerns to Mr. Entner. She also drew the 31 Council's attention to the Annual' Financial Report which Councilmember 32 Enrooth had with him, copies of which had been put in each of the 33 Councilmember's mail boxes. 34 CITY MANAGER REPORTS - SUE VANDERHEYDEN 35 February 7, 1989 Staff Meeting Notes 4 �1 Police Reserve Services at St Charles Mardi Gras Commended by Councilmember Wakowske 3 The Councilmember said she was very impressed with the way in which the 4 Reserves handled people at the above event and their faithfulness in 5 providing such good service outdoors, in spite of the very low windchill 6 readings during the event, February 8th. Mayor Sundland added that he 7 had also been very pleased with the reports which were being received 8 about the Reserves' involvement in the Crime Watch and Ride-A-Long 9 programs. Councilmember Makowske requested the Assistant to the City 10 Manager to convey her compliments to the Reserves. 11 Action on Ground Water Contamination Agreement with MPCA Deferred for 12 Language Changes by City Attorney 13 Mayor Sundland reported Mr. Soth had suggested some of the language in 14 the agreement might require modification and asked that Council action 15 on the proposed resolution be deferred until he had made those changes. 16 Council Action 17 Motion by Marks, seconded by Makowske to table action on Resolution 89- 18 007 until the Council's next meeting, February 28th, as requested by the 19 City Attorney. 0 Motion carried unanimously. 1 NEW BUSINESS 22 S3 ,800 Contract Deduction and 30 Day Extension Granted Foss Road Lift 23 . Station Contractors 24 The general consensus was that the above project involved much more work 25 and many more problems than had been anticipated when bid. Mayor 26 Sundland indicated he perceived the contractor should be complimented 27 for using an existing wet well and thereby eliminating two manholes and 28 approximately. 30 feet of gravity sewer from the project costs. He also 29 indicated concurrence with the Public Works Director's recommendation 30 that the requested contract extension be granted and liquidated damages 31 for the 30 day period be waived. 32 Council Action 33 Motion by Ranallo, seconded by Marks to follow the recommendations of 34 the Public Works Director to grant NewMech Construction Company a 30 day 35 extension with liquidated damages waived on the construction of the Foss 36 Road lift station project and to approve Change Order #1, which deducts 37 $3 ,800 from the contract cost. 38 Motion carried unanimously. • 5 1 Council Concurs With Three Year Contract With Animal Control Management, • 2 Inc. 3 Police Chief Hickerson's February 6th memorandum advised the Council of 4 the changes in the 1988 contract with the White Bear firm including the 5 fact that the proposed contract he was recommending would be for a three 6 year rather than a one year period. His memorandum pointed out that 7 there was no reasonable alternative available and the fact that the City 8 had the option of canceling upon 90 days notice, if the service proved 9 unsatisfactory. 10 Council Action it Motion by Marks, seconded by Enrooth to authorize the execution of the 12 proposed three year contract with Animal Control Management, Inc. as 13 recommended by Police Chief Hickerson. 14 Motion carried unanimously. 15 Council Concurs with Continuation of Silver Lake Road Parking 16 Restrictions for Ramsey County Bituminous Overlay Project 17 Ms. VanderHeyden explained that although parking was already restricted 18 in the proposed construction area, passage of the resolution in the 19 Council agenda packet was necessary to meet the MSA parking requirements 20 for the project. 21 Council Action • 22 Motion by Ranallo, seconded by Enrooth to adopt the resolution which 23 requests parking be restricted on Silver Lake Road between County Roads 24 D and E as requested by the Ramsey County Department of Public Works. 25 RESOLUTION 89-006 26 A RESOLUTION REQUESTING PARKING RESTRICTIONS 27 ON SILVER LAKE ROAD 28 Motion carried unanimously. 29 UNFINISHED BUSINESS 30 Decision Related to Public Works Involvement in City Float Construction 31 Delayed for Cost Estimate 32 Councilmember Ranallo and Ms. VanderHeyden addressed the above 33 possibility, which had been discussed during the last meeting of the 34 VillageFest Committee, indicating that: 35 >to date the Float Committee had only raised $2,500 from the TriCity 36 American Legion to cover both the costs of the Fest and the float; 6 >little or no response had been received from organizations or �2 businesses from whom funds had been solicited; 3 >the VillageFest Committee was of the opinion that the two day 4 community celebration was more important than having a float this 5 year; 6 >some committee members strongly advocated having volunteers from the 7 community build the float while others had reservations about 8 attempting such a project which would require some way of storing the 9 float and getting it back and forth from the various community parade 10 locations; 11 .>there was also a concern that seeking volunteers for two -activities 12 might result in the failure of both efforts; 13 >Public Works Director Hamer had indicated his crews' work schedules 14 might be adjusted to allow them to help with the - construction of a 15 trailer for the float and he had said he thought a stall in the 16 maintenance building could be used to store the float between parades; 17 >the float could probably be covered under the City's umbrella 18 liability insurance; 19 >the VillageFest Chairpersons were reluctant to give the go ahead to 400 those who supported a City built float to solicit volunteers.. or_ 1 funding for the project without assurance that the Council approved 2 of their plans and was willing to involve the Public Works Department 23 and underwrite the attendant costs. 24 . Councilmember Enrooth suggested he would be willing to work with staff .25 to ascertain the exact costs of involving City crews in the project, 26 saying it would then have to be left up to Mr. Hamer's discretion just 27 how much time his men could give without diverting them from other City 28 projects. He perceived no decision could be made until a somewhat 29 realistic estimate was made of what the project was going to cost the 30 City' in terms of dollars and storage space which could then become the 31 City's contribution towards the Fest rather than outright funding of the 32 activity. 33 Councilmember Ranallo indicated he didn't expect much more in the way 34 of contributions from community organizations or businesses because 35 verbal solicitations up -to now had been non-productive and he perceived 36_ little chance of raising_ the $7,000 it would probably . cost to have a 37 float company build, store, and deliver the float to the various parade 38 sites for one year. The Councilmember saw no- possibility of St. Anthony 39 having a float at all without some type of funding from the City, even 40 if that was only what it would cost to have the Public Works Department 41 provide the expertise and equipment for the project and the space to 42 store the float when it wasn't being used. • 7 1 Councilmember Marks said he recognized that those costs could run quite • 2 high if there was a conflict between the float deadline and other work 3 Larry Hamer's crews had to do which might involve overtime pay and he 4 wasn't quite ready to give outright approval to just any amount. 5 However, he indicated he thought the VillageFest and the float could 6 provide a much needed focus for the community now that the problems 7 experienced by the school district prevented them from providing some 8 of the community programs they had in the past. When Mayor Sundland 9 suggested the float might be viewed as a marketing tool to supplement 10 the efforts of the joint City/School Marketing Committee, the 11 Councilmember agreed that marketing the City should actually be the 12 responsibility of the City. 13 Councilmember Marks recalled that the City already had a history of 14 providing seed money for community activities, citing the Bicentennial 15 a few years ago as an example where the City had underwritten the costs 16 of the oral histories taken at that time, although those costs might 17 have come, as suggested by Councilmember Enrooth, from the generous 18 grants Community Services was able to get during that period. 19 The Councilmember pointed out that "cities have always done a lot to 20 promote themselves, not only outside but within the community itself" 21 and he suggested supporting a project like the float might be even a 22 more valid expenditure than underwriting businesses to gain further 23 development. 24 Mayor Sundland reiterated that he perceived the float as a marketing 25 tool to sell the City to outsiders while he thought the VillageFest was 26 intended to bring the residents together and make them proud of their 27 community. He said he had intended to try to reactivate the Marketing 28 Committee long before the float idea surfaced and was ready to take on 29 - the marketing efforts himself if that wasn't possible. His recollection 30 was that most of the efforts of the Marketing Committee had actually 31 been initiated by either City staff or officials in the first place and 32 he agreed it was now time for the Committee to move on from the .video 33 they had produced. 34 Councilmember Makowske said she could also see where a float deadline 35 could conflict with the other work the Public Works Department had to 36 do, especially if they're asked to help out with the community center 37 renovation. She said she would rather see the Council put a cap on the 38 City's contribution within which Mr. Hamer could use his discretion 39 regarding priorities between the float and the jobs his department had 40 to have done within the float deadline. 41 Councilmember Enrooth said he was prepared to work with Mr. Hamer to try 42 to place a figure on what it would cost to have the Public Works 43 Department involved in the effort, including getting ideas from other 44 communities who have attempted similar projects. He anticipated being 45 able to present those figures at the next Council meeting. Ms. -46 VanderHeyden was requested to let the VillageFest Co-Chair know the 47 Council would be supportive of the float being built in-house but needed • 8 until their next Council meeting to gather the necessary information to ascertain the exact figure for the City's contribution. 3 ADJOURNMENT 4 Motion by Ranallo, seconded by Enrooth to adjourn the meeting at 8:25 5 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Helen Crowe, Secretary 9 10 Mayor 11 ATTEST•. 12 City Clerk 14 15 • 9 C 2 TY O F S T . ANTHONY HOU S=N G AND REDEVELOPMENT AUTHOR 2 TY M=NUTE S F'EB RUARY 2 8 , 1 9 8 9 1 Chair Sundland opened the meeting at 9:05 P.M. 2 ROLL CALL 3 Present for roll call: - Sundland, Secretary/Treasurer Marks, and 4 Commissioners Makowske and Ranallo. 5 Absent: Vice Chair Enrooth. 6 Also present: David Childs, Executive Director 7 Sue VanderHeyden, Assistant to the City Manager 8 JANUARY 24 1989 H.R.A. MINUTES q�9 Motion by Marks, seconded by Ranallo to approve as presented. 0 Motion carried unanimously. 11 CLAIMS 12 Motion by Makowske, seconded by Marks to approve payment of $9,688.75 13 to the Dorsey & Whitney law firm for legal services rendered the H.R.A. 14 during December, 1988. 15- Motion carried unanimously. 16 H.R.A. DECIDES NOT TO SET UP PROPOSED DEVELOPMENT ACCOUNT FOR SIGNAGE 17 AT ST ANTHONY SHOPPING CENTER 18 Mr. Childs reported the Center Manager had requested that the City 19 consider setting up the account into which about $20,000 left over from 20 tax increment projects could be used to provide help, on a need basis, 21 for some of the merchants who might have difficulty paying for the new 22 uniform signage required by the Center owners. 23 Following an indepth discussion of the proposal, the consensus of the 24 H.R.A. was that the complexity of developing a loan program and detailed 25 criteria for qualifying potential applicants made such a project 26. unworkable. The potential cost savings of interest reduction on a very 27 short-term loan, coupled with the small amount of funds available and 1 1 the lack of banking expertise necessary to evaluate the need were 2 additional reasons for the decisions not to pursue such a program. 3 ADJOURNMENT 4 Motion by Marks, seconded by Makowske to adjourn the St. Anthony Housing 5 and Redevelopment Authority meeting at 9: 25 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Helen Crowe, Secretary 9 :cjk • • 2 C 2 TY O F S T . ANTHONY C 2 TY C OUN C 2 L M 2 NUTS S F EBRUARY 2 8 , 1 9 8 9 1 The meeting was called to order at 7:30 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. 3 ROLL CALL 4 Present for roll call: Marks, Ranallo, Sundland, Makowske. 5 Absent: Enrooth. 6 Also present: David Childs, City Manager 7 Sue VanderHeyden, Assistant to the City Manager. 8 FEBRUARY 14, 1989 COUNCIL MINUTES 9 Motion by Marks, seconded by Makowske to approve the above with the 10 following changes: 11 Page 3, line 5: Add two 110's" to $3,450" to provide consistency with 12 other dollar amounts in the minutes. 13 Page 4, line 3 : Delete "PUBLIC WORKS DIRECTOR" from headline. �4 Page 4, line 6: Delete "and Mr. Hamer" following "he" . 5 Page 6, line 12 : Insert "in the amount of $180.00 per month" following 16 "Inc. ". 17 Notion carried unanimously. 18 LICENSESJPERMITSZPETITIONS 19 Motion by Ranallo, seconded by Marks to approve the renewal of all the 20 following licenses as they're listed in the February 28th Council agenda 21 packet: 22 Cigarette 23 F. W. Woolworth - Apache Plaza 24 American Amusement Arcades 25 1-Apache Bowl 26 1-St. Anthony Liquor Store 27 1-Apache Liquor 28 Mico Oil Co. , Inc. , 2400 - 37th Avenue N.E. 29 Rubbish Removal 30 Woodlake Sanitary Service, Inc. - Circle Pines, MN 31 Keith Krupenny & Sons Disposal Service - West St. Paul, MN • 1 - s 1 Waste Management - Blaine, MN 2 Vasko Rubbish Removal, Inc. - St. Paul, MN 3 Twin City Sanitation - St. Paul, MN 4 Service Station 5 Gas Unlimited-Chuck's - 3800 Stinson Boulevard 6 Mico Oil Co. , Inc. - 2400 - 37th Avenue N.E. 7 Don's Apache Auto Wash - 3725 Stinson Boulevard 8 Contractor's 9 Steenberg-Watrud Construction, Inc. - Inver Grove Heights, MN 10 Bossardt Corporation - Edina, MN it Milton Johnson Roofing & Sheet Metal Co. - Minneapolis, MN 12 Suburban Lighting, Inc. - Stillwater, MN 13 H & L Remodeling, Inc. - Minneapolis, MN 14 American Remodeling, Inc. - Minneapolis, MN 15 Asphalt Driveway Co. - St. Paul, MN 16 Juke Box 17 American Amusement Arcades 18 1-St. Anthony Liquor Store 19 1-Apache Liquor Store 20 Amusement Devices • 21 American Amusement Arcades 22 14-Apache Bowl 23 1-Apache Liquor Store 24 1-Pizza Hut 25 . 5-St. Anthony Liquor Store 26 Motion carried unanimously. 27 CLAIMS 28 Motion by Marks, seconded by Sundland to approve payment of all Liquor 29 Operations Accounts payable as listed in the February 28th Council 30 agenda packet with the exception of check numbers 13769, 13815, and 31 13857 which would be deferred for further information from staff. 32 Motion carried unanimously. 33 The following authorizations for payments represented work done on the 34 fire station renovation project: 35 >Motion by Makowske, seconded by Marks to approve the partial payment 36 of $765.00 to Delson Plumbing to cover the handicap changes explained 2 • f 1 in the February 22nd memorandum from Public Works Director Hamer under •2 Item 2B of the Council's February 28th agenda packet. 3 Motion carried unanimously. 4 >Motion by Ranallo, seconded by Marks to approve payment of $1,980.00 5 to Advanced .Heating and Air Conditioning, Inc. as the balance remaining 6 on the contract to provide that service for the project. 7 Motion carried unanimously. 8 >Motion by Marks, seconded by Ranallo to approve payment of $3,939.00 9 to Dickson Electric which includes costs outside the $3 ,500.00 quoted 10 by the contractor which were approved by the Council as possible it additions when the bid was accepted. 12 Motion carried unanimously. 13 >Motion by Makowske, seconded by Marks to approve payment of $2,560.00 14 to Acoustics Associates for labor and materials to install the suspended 15 ceiling in rooms in the fire station as directed. 16 Motion carried unanimously. 17 New Foss Road Lift Station to be Put Into Operation, March 13th _ 18 During the discussions of the latest contractor billings for the above 09 project, Councilmember Marks commented that.he perceived the handwritten 0 changes probably represented a l0% reduction in excavating charges which 21 had been required by the project engineers. Mr. Childs reported the 22 conversion was scheduled for the afternoon of the 13th and said staff 23 would be requesting Happy's Potato Chip Company to adjust their plant 24 work schedule and the area apartment residents not to use water during -. 25 the five or so hours it would take to make -the pump conversion. The 26 City Manager added that the City would have a truck standing by to pump 27 if necessary, rather than to completely shut down service to the whole 28 area. 29 Council Action 30 Motion by Marks, seconded by Ranallo to approve payment of $42,902.00 31 to NewMech Companies for the replacement of the Foss Road sewage pumping 32 station. 33 Motion carried unanimously. 34, Motion by Makowske, seconded by Marks. to approve payment of the 1989 35 ' membership dues in the Ramsey County League of Local Governments in the 36 amount of $216.45. 37 Motion carried unanimously. • 3 IL 1 Motion by Marks, seconded by Makowske to approve payment of $4 ,741.75 2 to the Briggs and Morgan law firm for legal services related to St. • 3 Anthony's water contamination litigation settlement negotiations with 4 the U.S. Army during January, 1989. A $3 ,746.50 credit had been allowed 5 by the law firm in accordance with the agreement they had with the City 6 to limit their fees for these settlement negotiations to $17,500.00. 7 Motion carried unanimously. 8 Motion by Marks, seconded by Makowske to approve payment of $19,627.86 9 to the Metropolitan Waste Control Commission for March sewer services. 10 Motion carried unanimously. 11 Motion by Marks, seconded by Makowske to approve the last payment of 12 $12,000.00 due School District 1282 for use of Parkview from July 13 through October, 1988 after which time the City acquired ownership of 14 the building. 15 Motion carried unanimously. 16 REPORTS 17 COUNCIL REPORTS 18 Mayor's Proclamation Honoring City Volunteers Delayed Until After Easter 19 Mayor Sundland indicated his intent to make the above proclamation • 20 rather than the one in the Council's agenda packet, as indicated in the 21 following: 22 Motion by Marks, seconded by Sundland to schedule a proclamation 23 honoring volunteerism in St. Anthony sometime after March 26, 1989. 24 Motion carried unanimously. 25 Council to Hear About Proposed Group Home Legislation at Future Meeting 26 Councilmember Makowske reported learning a good deal about the proposed 27 changes in regulation and location of group homes during the meeting of 28 the Ramsey County League of Local Governments held at Maplewood City 29 Hall, February 15th. She indicated she had been requested to ascertain 30 the City Council's interest in having someone come to a future Council 31 meeting to address the issues related to the disbursement of these 32 facilities into residential neighborhoods rather than clustering such 33 facilities around the centers which provide immediate care for various 34 types of group home residents. The Councilmember indicated such 35 facilities are now county administered but state supervised with 36 approximately 480 of the funding coming from the federal government, 37% 37 from the state and 15% local or county. 4 • J 1 Mayor Sundland indicated he expected the state legislature to pay serious attention to this new concept and said he thought it would be helpful for the Council to be briefed on the proposed legislation. 4 Councilmember Makowske Lets State Senator Marty Know Her Concerns 5 Related to the Ethics Bill He Has Authored 6 The Councilmember indicated she hoped she hadn't been "too hard" on the 7 legislator in the letter she had written to him on the issue, copies of 8 which she had sent to all the Councilmembers. Councilmember Ranallo 9 commented that at least Senator Marty would now be conscious of the fact 10 that there are women serving in local governments which his legislation 11 might have overlooked. Councilmember Marks indicated he agreed that the 12 legislation -could "'work a real hardship on local officials who are not 13 as financially well off as corporate executives might be. " 14 Councilmember Makowske said she had drawn Senator Marty's attention to 15 the fact that there is quite a bit of difference between city officials 16 like those on the St. Anthony Council, who are "practically volunteers" 17 when it comes to compensation and people who are working full time in 18 state or county government. " She indicated she didn't perceive the 19 across-the-board treatment of all types of government officials was 20 well thought out in the proposed legislation. 21 Councilmember Makowske Hears Some Surprising Projections and Comments 22 During Metro Council Meeting, February 22nd 3 The Councilmember reported she had found the Metro Council State of the .Region event very informative because some surprising conclusions had 5 been promoted through the theme "Shaping Change, Preparing the Twin 26 Cities for the Twenty-First Century" . She said one of the most 27 startling comments to her had been made by DFL State Senator John Brandl 28 who has always had the backing of the Minnesota Educational Association. 29 During Senator Brandl's report, he conceded that "pouring more money 30 into the state's educational system might not necessarily cure its 31 ailments at all. " The Councilmember indicated she had brought back from 32 the meeting a whole packet of information, including her personal 33 observations, which she would be sending around to the other 34 Councilmembers. 35 Councilmember Makowske Pleased with St. Anthony Historical Society 36 Progress 37 Dave Nystluen, Field Director for the Minnesota Historical Society had 38 addressed the St. Anthony Historical Committee the previous evening, 39 Councilmember Makowske reported. Mr. Nystluen had made them aware of 40 the fact that federal legislation passed last August would require the 41 Committee to pay $300.00 to have a 501 C3 account, which would enable 42 the Society to accept donations. The Councilmember indicated Mr. 43 Nystluen showed them how to put a historical book together and Ruth 44 Harris had brought a copy of the Hopkins history with her as an example 45 of what could be done. The Society is having some of the oral histories 4 they have taken transcribed at a cost of $55.00 per history. 5 1 Councilmember Makowske indicated there is a welcome diversity in the • 2 Society membership, with various aspects of the Village history 3 represented, including people who have expertise in working with photos 4 and others who are working on histories of the types of people who first 5 came to this area, etc. She said the next thing she hoped would be done 6 would be to have someone other than herself take over the leadership of 7 the Committee, for which she just doesn't have time. The Councilmember 8 concluded her report by passing around a copy of the Greenpeace 9 magazine, which a member of that group had brought to her door that day. 10 She said the Councilmembers might be interested in several articles in 11 the magazine, particularly the one opposing garbage incinerators. Mr. 12 Childs told her the City has a letter from the Attorney - General which 13 gives the group permission to solicit donations in St. Anthony. 14 Mayor Sundland Participant in Cable Program Filmed by St. Anthony Middle 15 School Students 16 The Mayor said he had been interviewed that morning by seventh and 17 eighth grade students who are studying cable and television filming. 18 He said the interviewers were very professional and he enjoyed 19 participating very much. A volunteer reported the sixth grade students 20 in the class were participating in the City Police Department Ride Along 21 Program during which they were interviewing the officers in the squad 22 cars. The volunteer indicated she thought it was great that the 23 students were allowed to conduct these interviews and to utilize not 24 only the school's equipment, but also the cable company's equipment. 0 25 She indicated the programs would be shown on the local public access 26 cable channels sometime in April. The program would be publicized in 27 advance of its showing, she added. 28 Vague of Minnesota Cities Conference for Newly Elected Officials 29 Reported by Councilmember Ranallo 30 The Councilmember reported that the Women in City Government 31 Organization had met the evening before the conference, which was held 32 February 3rd and 4th. He said he had served as the Mayor in a mock 33 presentation of a public hearing conducted by Barb Arney. 34 Plans for "Celebrate Minnesota 1990° Progressing with Additional Project 35 Grants to be Available 36 Councilmember Ranallo announced the above and reported there would. be 37 VCR tapes as well as speakers available for cities to learn more about 38 the event and what is expected from each community. He said one of the 39 projects would be a Minnesota Mayors Clean Up the Riverbanks promotion. 40 Dorothy Thorson, VillageFest Co-Chair Reports Committee's Decision to 41 Have Float Professionally Constructed 42 Ms. Thorson reported she and-her husband, Tom, would be co-chairing the 43 July event along with Rick Lundeen and his wife. She said her purpose • 6 1 in coming that night was to stress the need for open communication 6between the VillageFest Committee and the Council, particularly when it 3 came to the proposed Village float. The Committee had voted last week 4 to have the float professionally built. This would avoid the problems 5 involved in getting the float to the parades, insuring and storing it 6 and depending on the Public Works Department to construct the trailer, 7 etc. 8 Ms. Thorson said her group would be more than happy for the Council to 9 take full responsibility for building the float, but if that wasn't 10 going to happen, the committee intended to start an intensive fund 11 raising effort to cover the costs of between $5,000 and $7,500 to have 12 a private individual build, store and transport the float for one year. 13 Mayor Sundland told her that what the Council had discussed at their 14 January 24th and February 14th meetings was having the Public Works 15 Department involvement as well as insurance and storage costs assumed 16 by the City as its contribution towards the project. 17 Councilmember Enrooth, who was out of town that evening, had been given 18 the responsibility of ascertaining just what that contribution would be 19 at the February 14th meeting and his report was not available for the 20 Council to act on that evening. However, the .Mayor . indicated he did 21 know there had, been some questions about whether or not the float could 22 be included in the City's umbrella liability policy which had been 23 raised by the City's insurance provider. 04 Ms. Thorson indicated the $2,500 Tri City American Legion donation 25 should adequately cover the start up costs for the VillageFest itself 26 and the committee was quite hopeful that they would be able to solicit 27 the necessary funds to cover the costs of having the float built. She 28 then related all the solicitation efforts they intended to pursue and 29 was advised about the follow ups. the Councilmembers perceived would be 30 necessary to the proposed letters to area businesses. The promotion 31 package seeking donations from the residents, which the committee hopes 32 to have included with the City's Spring Newsletter, was then discussed 33 with Ms.. Thorson and Ms. VanderHeyden. 34 The VillageFest Co-Chair then reported on all the activities which had 35 been lined up for the community event, adding to those events the 36 Council had already heard about, the Kiwanis pancake breakfast and the 37 National Jr. Karate Championship event, which is planned to be held the 38 same weekend in the high school which should draw at least a thousand 39 people to the area at the same time that the Fest is in progress. Ms. 40 Thorson told the Council the committee is very appreciative of the 41 cooperation the City's Fire, Police, and Public Works Departments have 42 shown, which she reported in detail. 43 When Ms. Thorson mentioned the street dance the committee hopes to hold 44 from 8 to 12 P.M. the Saturday night of the event, Councilmember Marks 45 advised her that the west side of the Community Center would be torn up 7 I most of the summer to install the pipes for the permanent water • 2 filtration system. 3 The next meeting of the VillageFest Committee will be held March 6th 4 and Councilmember Ranallo, Mr. Childs, and Ms. VanderHeyden indicated 5 they intended to be in attendance to discuss some of the issues which 6 had been raised that evening. The City Manager indicated he hoped to 7 bring the first draft of a proposed proclamation recognizing the 8 VillageFest Committee as an official governing body of the VillageFest 9 weekend with him to that meeting. I 10 Mayor of Falcon Heights to Replace Councilmember Marks as Chair of Board 11 of Directors of North Suburban Youth Service Bureau 12 Councilmember Marks reported the above had happened as he had hoped at 13 the last meeting of the YSB Board. However, he said he would continue 14 to serve on the Board and would chair its Personnel Committee. The 15 Councilmember then discussed all the areas into which the Bureau's 16 service had grown since he had become involved, including conferences 17 on teen suicide, the occult, drug and family problems as well as 18 establishment of mental health clinics for area youth. 19 Mayor Reports Fund Raising Efforts to Pay for St. Anthony Civic 20 Orchestra Visit to City's Sister City, Salo, Finland 21 Mayor Sundland indicated he was deeply involved in the raising of at 22 least $45,000 for the project to start with and indicated he was going 23 to arrange a meeting with the Finnish Consulate while he and 24 Councilmembers. Marks and Ranallo are in Washington, D.C. for the March 25 National League of Cities Conference. 26 NLC Conference Necessitates Change of Council Meeting from March 14th 27 to March 7th 28 Reference to the above was made during the discussion of the Conference 29 during which time Councilmember Marks reported his appointment to the 30 Human Development Steering Committee. 31 DEPARTMENTS AND COMMITTEES REPORTS 32 The February 16th report from the Hance & LeVahn law firm reporting 33 cases the City prosecutors had handled in Hennepin County District Court 34 up to February 15, 1989, was ordered filed after Councilmember Makowske 35 had commented that she hadn't liked seeing the report under the Pre- 36 trials before Judge Minenko that several DWI charges had been reduced 37 to careless driving. Mayor Sundland indicated it probably didn't make 38 that much difference since the policy seems to be to suspend most of the 39 DWI sentences anyway. 40 CITY MANAGER REPORTS 8 1 The groundbreaking ceremonies for the LaNel apartments in the Kenzie W 3Terrace Redevelopment project will probably be scheduled to be held after the Mayor and the Councilmembers who are attending the NLC 4 Conference get back from Washington, D.C. , Mr. Childs said. 5 February 21, 1989 Staff Meeting Notes 6 No references were made to the Notes which were ordered filed. 7 Resolution to be Prepared to Add Workers Compensation Coverage for 8 Mayor_, Councilmembers, and Planning Commissioners to the City Policv 9 The consensus was that members of the City Council and Planning 10 Commission were probably the only elected and appointed persons whose 1.1 duties required such coverage. The February 15th memorandum on the 12 coverage had indicated the necessity for passage of the proposed 13 resolution extending coverage to elected or appointed officials and had 14 reported how current minimum and maximum benefits would be calculated. 15 NEW BUSINESS 16 Council Awards Contract for New Manlift Aerial Unit to Second Lowest 17 Bidder. ' Hi-Ranger Midwest for $36,852.19 18 In his February 24th memorandum in the agenda packet, Public Works 19 Director Hamer had addressed the four bids received for the above and 20 had given the reasons he was recommending that the Council award the bid 01 to Hi-Ranger to include the options and refurbishing of the City truck 2 to accommodate the aerial machine. Mr. Hamer had advised that there 23 were two major areas where the lowest bidder, Truck Utilities' , bid had 24 not met the specifications. Mr. Childs reported his conversation with 25 the City Attorney and had indicated Mr. Soth perceived no .problem with 26 not taking the lowest bid, since that bid did not meet the 27 specifications related to the working height of the aerial or provided 28 the type of hydraulic pump the Public Works Director deemed necessary , 29 for easier operation of the equipment. 30 Council Action 31 Motion by Ranallo, seconded by Makowske to award the contract for the 32 manlift, aerial unit to the second lowest bidder, Hi-Ranger Midwest, . for 33 $36,852.19 as recommended by the Public Works Director. 34 Motion carried unanimously. 35 UNFINISHED BUSINESS 36 Motion by Marks, seconded by Makowske to leave on the table Council 37 action on proposed Resolution 89-007 which would authorize the execution 38 of an agreement between the City and the Minnesota Pollution Control 39 Agency related to remedial activities to the ground water contamination 40 in the St. Anthony area for further work by the City Attorney. 9 1 Motion carried unanimously. 2 Observance of Girl Scouts Week, March 12-18, Proclaimed by Mayor 3 A copy of the Proclamation, which Mayor Sundland had signed that day, 4 had been provided to Councilmembers and the Bulletin newswriter, Larry 5 Jones. 6 ADJOURNMENT 7 Motion by Marks, seconded by Ranallo to adjourn the St. Anthony City 8 Council meeting at 8:45 P.M. for the meeting of the St. Anthony Housing 9 and Redevelopment Authority after a short recess. 10 Motion carried unanimously. 11 Respectfully submitted, 12 Helen Crowe, Secretary 13 14 Mayor 15 ATTEST: 16 .City Clerk 17 :cjk. 10 ' 4 C=TY OF S T . ANTHONY C_== C OUN C 2 L M=NUT E S • MARC H 7 1 9 8 9 1 The meeting was called to order at 7: 32 P.M. with the Pledge of 2 Allegiance led by Mayor Sundland. A work session with Buetow and 3 Associates, representatives related to the renovation of the Community 4 Center, preceded the Council meeting. 5 ROLL CALL 6 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 7 Also present: . David Childs, City Manager " 8 Sue VanderHeyden, Assistant to the City Manager 9 FEBRUARY 28, 1989 COUNCIL MINUTES 10 Motion by Makowske, seconded by Marks to approve with the following 11 changes: 12 Page 4 , lines 18-23 : Substitute the following: 13 "Volunteers of America Week to be Observed in St. Anthony Week of 14 March 5-12 �5 In approving the above, the Council also accepted Mayor Sundland's 6 suggestion that a proclamation honoring volunteerism in St. Anthony 17 would be made sometime after March 26th. 18 Motion by Marks, seconded by Sundland to proclaim the week of March 19 5-12 , 1989 as Volunteers of America Week in St. Anthony with the 20 -understanding that St. Anthony volunteers would be specially honored 21 by a similar proclamation sometime after Easter Sunday. " 22 Page 5: lines 37, 39, 43 : Correct spelling of "Nystuen" . 23 Page 6, lines 20, 22 : Identify "the volunteer" as "Sharon 24 Damsgard".. 25 Page 7: lines 21, 22, , 23 : Rewrite as follows: 26 "know there had been some questions raised by the City's insurance 27 provider which indicated the city might be facing payment of a large 20. 1 deductible if the float was covered under the City's umbrella 29 liability policy. " 30 Page 7 , line 44 : Substitute "northeast corner of the Community Center 31 parking lot" for "west side of the Community Center" . 32 Page 8, line 30: Substitute "Policy" for "Steering" before "Committee" . 33 Page 8, line 38: Insert "Court" before "policy" . 34 Motion carried unanimously. 1 I 1 LICENSESIPERMITS/PETITIONS 2 Motion by Ranallo, seconded by Enrooth to grant a new heating license • 3 to E. A. H. Schmidt & Associates and to renew the. following licenses as 4 presented in the March 7, 1989 agenda packet: 5 Bench 6 U.S. Bench Corp. , Minneapolis, MN 7 Bowling Alley . 8 Minneapolis Bowl-O-Mat, Inc. , Apache Plaza 9 Cigarette 10 Gas Unlimited, Inc. , Minneapolis, MN (Chuck's 365) 11 Woodside Enterprises, Minneapolis, MN (Baker's Square) 12 Contractors 13 Hage Construction Co. , Edina, MN 14 Twin. City Exteriors Co. , Inc. , Crystal , MN 15 Gibraltar Mausoleum Construction Co. , Inc. , Indianapolis, IN 16 Pine Cone Nursery, Coon Rapids, MN 17 Rubbish Removal 18 Gallagher's Service Blaine, MN 19 Service Station 20 Speedy Markets, Inc. , St. Paul, MN 21 Dave's St. Anthony Mobil, 2616 Hwy. 88 22 Murphy's Service Center, '3501 - 29th Avenue N.E. 23 Vending Machine 24 Minneapolis Bowl-O-Mat, Inc. , Minneapolis, MN 25 Motion carried unanimously. 26 CLAIMS 27 Motion by Marks, seconded by Makowske to approve payment of $2,400.00 28 to the Hance & LeVahn law firm for legal services relative to St. 29 Anthony prosecutions during March, 1989. n30 Motion carried unanimously. 2 • 1 Motion by Enrooth, seconded by Makowske to approve payment of $564 .86 to the Dorsey & Whitney law firm for legal services to the City of St. Anthony during January, 1989. 4 Motion carried unanimously. 5 Motion by Marks, seconded by Makowske to approve payment of $930.54 to 6 Short-Elliott-Hendrickson, Inc. for engineering services from December 7 25, 1988 through January 21, 1989 relative to the replacement of the 8 Foss Road sewage pumping station. 9 Motion carried unanimously. 10 City About $10,000 Ahead With Cable Franchise 11 Councilmember Enrooth made the above observation after viewing the March 12 1st letter from the North Suburban Cable Commission Administrator with 13 and the attached 1988 franchise check for $17 ,126.44 which he compared 14 to the billing for $7,035.00 representing the City's 1989 contribution 15 towards the NSCC costs. 16 Council Action 17 Motion by Enrooth, seconded by Marks to approve payment of $7,035.00 as 18 the 1989 franchise fee to the North Suburban Cable Commission. 9 Motion carried unanimously. 0 REPORTS N, 21 COUNCIL REPORTS 22 Neighbors' Differences to be Mediated by dispute Resolution Center 23 Councilmember Makowske reported receiving several calls from neighbors 24 who had differed over one neighbor's snow plowing onto another 25 neighbor's driveway and path left for the mail carrier. She indicated 26 the matter would be referred to the Dispute Resolution Center. It was 27 generally agreed that the City Manager was correct in saying the Center 28 would be the "perfect forum" for airing neighbor disagreements like this 29 one which appeared to be of a longstanding nature. 30 Councilmember Enrooth Urges Implementation of Recycling Program in St. 31 Anthony 32 The Councilmember recommended the time lines for the program be updated 33 to allow enough time for the City Attorney and Solid Waste Committee 34 to review the final draft of the Refuse Licensing Ordinance, a 35 preliminary draft of which had been included in the Council's agenda 36 packet that evening. He said considering how long it could take to 37 review, publish and give the ordinance three readings, he was concerned 38 that the City's program might not be in place before the deadline when • 3 f . 1 mandated to take it over. Mr. Childs indicated the preliminary draft • 2 had been presented for Council feedback before it is put into final form 3 for the necessary reviews. He also indicated he thought Ms. 4 VanderHeyden should be complimented for the document in the agenda 5 packet which he perceived thoroughly covered all the issues involved. 6 The ordinance was discussed further during the City Manager's report 7 later in the agenda. 8 Florida Far Behind Minnesota When it Comes to Handling Water and Refuse 9 Problems I 10 Councilmember Enrooth reported he had concluded the above while 11 traveling through Florida recently. He said the - "mountains of trash" 12 he saw piled up in Florida made "Mount Trashmore out East" look like a 13 "molehill" in comparison. The Councilmember said it seemed to him that 14 Florida just didn't know how to handle these problems at all. 15 Councilmember Ranallo Appointed to Serve on League of Minnesota Special 16 Budget Committee 17 The Councilmember reported attending the first meeting of this Committee 18 that day when three new projects were initiated. He said he thought the 19 other Councilmembers might be especially interested in one of these 20 which would computerize property tax information throughout the state 21 in a modeling effort designed to compare the taxes imposed on 22 metropolitan and outstate communities. 23 The Councilmember indicated the Committee also intended computerizing 24 a study on the effect of tax increment financing throughout the state 25 to provide a better basis for proposed legislation dealing with future 26 tax increment financing. The third program the* Committee would, be 27 undertaking would be a computerized comparison of municipal personnel 28 wage and hours according to population which cities could refer to when 29 they have to go to labor contract arbitration. He said metropolitan 30 municipalities are able to seek some of that information from the 31 Metropolitan Area Managers Association now, but the League study would 32 benefit some of the outstate municipalities who don't have access to 33 that data. The Councilmember indicated the League research would 34 incorporate similar studies by other organizations into a centralized 35 information bank available to all Minnesota cities. 36 Councilmember Ranallo then informed the Councilmembers that the costs 37 of the new Committee's research would be paid from a 1. 5% surcharge on 38 the League Insurance Trust. He then asked for suggestions from staff 39 and the other Councilmembers about other programs the Committee might 40 undertake which would benefit all Minnesota municipalities, The 41 Councilmember said he would present those suggestions at the next 42 Committee meeting, April 17th. 43 Light Rail Service to St. Anthony Given High Priority by Ramsey County 44 LRT Consultants 4 1 Councilmember Marks indicated his attendance at the 4 :00 P.M. meeting of the Ramsey County Light Rail Transit Intergovernmental Advisory Committee had caused him to be late for the Council work session with 4 the architects which had preceded the Council meeting that evening. 5 The Councilmember reported that this had only been the third meeting the 6 Advisory Committee had held and it was devoted to potential light rail 7 lines in Ramsey County which would be designed to access the other lines 8 being studied by other counties. One of the major considerations that 9 afternoon had been whether to build the LRT rails at the same level as 10 general traffic or at a higher elevation similar to the metro rail 11 system in Washington, D.C. The Councilmember said he perceived the 12 Committee members were leaning towards the latter because that system 13 had proved to be the fastest for moving riders in and out and it 14 provided the best handicapped access. 15 The Ramsey County consultants had identified a number of potential 16 routes which could be utilized for light rail corridors, Councilmember 17 Marks reported. He said the Committee is studying them all with the 18 exception of the Midway corridor between Minneapolis and St. Paul where 19 it most likely the first system would be built. Interestingly enough, 20 the Intergovernmental Advisory Committee member added, St. Anthony, 21 along with Roseville, Falcon Heights and Little Canada, had been named 22 in the Ramsey County Comprehensive Plan in respect to transportation as 23 deserving the next highest priority for light rail service because they 24 were the most developed communities in Ramsey County. 05 Councilmember Marks reported further that: 26 -the concept of coordinating the light rail system with the existing 27 bus lines servicing areas away from the Minneapolis and St. Paul 28 downtowns was also explored; 29 -although the planning of light rail transit in Ramsey County might 30 be behind the Anoka/Hennepin study, the Committee, having held only 31 three meetings to date, has the necessary energy and.initiative on the 32 Ramsey County Board to propel the concept into reality in that County 33 as well; 34 -his friend, George Isaacs, who is considered by some to be the 35 "foremost guru of light rail in the country" is also serving on the 36 Ramsey County LRT Board; 37 -Mr. Isaacs had given the Councilmember an advance copy of the survey 38 which had appeared in that morning's papers, which indicated there was 3.9 a high level of public interest in light rail, especially by young 40 people who are almost compelled to look for alternate means of 41 transportation. 42 Councilmember Marks indicated that when the consultants had asked 43 whether there was anything they could do to enable the Committee members 44 to report back to their various communities, he had suggested it might 5. 1 be helpful to have overhead transparencies provided to lay over maps and • 2 better demonstrate just where the rail lines were being proposed. 3 Ms. VanderHeyden reported she had been attending the Technical Advisory 4 Committee meetings and Councilmember Marks indicated his Committee had 5 requested to see the minutes of those meetings to give his Committee 6 more reliable information on which to base their own recommendations. 7 DEPARTMENT AND COMMITTEE REPORTS 8 -The only report in the agenda packet under that heading was the 9 February Liquor Operations Sales Summary, which was ordered filed for 10 future reference. 11 CITY MANAGER REPORTS 12 Possibility Explored of -St. Anthony Chamber of Commerce Taking Over 13 Float Project 14 While Councilmember Makowske was consulting privately with a resident 15 who had come to talk about snow plowing differences, Councilmember 16 Enrooth commented that he understood the research he had done before he 17 left on his trip to Florida had "become moot" while he was gone, but he 18 wanted to report nevertheless that his study had estimated the Public 19 Works Department involvement in the float project as well as up front 20 insurance costs could run between $2,400.00 and $4,000.00. However, he 21 said he had also learned that the insurance factor was such as to almost 22 prohibit the City from contributing towards that portion of the float's 23 costs. 24 Councilmember Ranallo indicated he was certain the Float Committee was 25 still expecting the City to pay the insurance costs for the project and 26 he asked for further clarification of Councilmember Enrooth's 27 assumption, indicating he had understood from conversations he had with 28 the Mayor of Rochester regarding that city's float, that the City would 29 only have to pay a nominal amount like $50.00 to include the float under 30 the City's League Trust Fund umbrella liability coverage. Councilmember 31 Enrooth told him the basis for the City's lower umbrella liability 32 premium was that the City would have to carry higher deductibles which 33 would have to be absorbed by the City if an accident connected to the 34 float should occur. He said the City would have to pay the $10,000 35 deductible out of its own cash flow, if an accident occurred. Covering 36 the float could therefore expose the City to a liability beyond what the 37 Council had originally intended to include under its insurance 38 deductibles. Mr. Childs said he didn't have the exact figures of what 39 the City would have to pay to insure the float separately, but he was 40 quite certain the premiums would be the same as for any other commercial 41 effort. 42 The City Manager then reported that during the St. Anthony Chamber of 43 Commerce meeting he had attended that morning, several Chamber members 44 had indicated they perceived the float should logically be undertaken 6 1 as a Chamber community marketing promotion. Mr. Childs said that led •2 to a discussion of whether there might be a need to change the public 3 perception of the Chamber from just a business organization to a 4 community promotion organization where community activities would no 5 longer be divided between the City and the Chamber. That conclusion led 6 to the proposal to lower the Chamber dues to between $10.00 and $25.00 7 a year to encourage not only more business membership but also as an 8 inducement for more City residents to join. Mr. Childs said hopefully, 9 this would bring more people, including VillageFest Committee -members, 10 into the Chamber and make it possible to transfer the responsibility for 11 getting a float for St. Anthony from the City to the Chamber where it 12 probably rightfully belongs. 13 The City Manager said he thought the Chamber had the necessary 14 structuring under which both the Historical Society and the VillageFest 15 Committee could operate with the Chamber being -in a better position to 16 file for the 501-3C classification necessary for the Historical Society 17 to solicit contributions and to extend whatever insurance coverage it 18 offers its directors to the VillageFest Committee who would then be 19 working within the Chamber on the float project. The City's involvement 20 in the project would not be lessened because he would just continue his 21 dual role of City Manager and Chair of the Chamber Marketing Committee 22 which includes working towards a float for the City. Councilmember 23 Marks agreed that a stronger Chamber of Commerce would benefit the City, 24 recalling how the Council could have used strong Chamber support when 25 they undertook the Kenzie Terrace Redevelopment Project. 106 Council Amenable to Lending the VillageFest Committee $7,000 to Have A 27 Float Built Professionally 28 Mr. Childs relayed the above request which had been presented to him at 29 the last Committee meeting. He indicated the Committee was in the 30 process of planning fund raisers from which they could pay the City 31 back. 32 Councilmember Makowske downgraded the risk the City might be taking by 33 recalling that during the previous discussions of the City's role in 34 getting a float, she thought at least a couple of Councilmembers had 35 agreed with the Mayor that the float could be considered to be an 36 "Ambassadorpiece" for telling people outside the Village about St. 37 Anthony. 38 Mr. Childs reported he had informally discussed the possibility of the 39 City lending the Committee "the necessary money to pay for the float with 40 the- City Attorney, who had perceived a legal precedent had already 41 been established under which other municipalities had lent organizations 42 like the Boosters money to build baseball .diamonds for which those 43 cities are now being paid- back -from fees charged teams who use those 44 fields. 45 Councilmember Ranallo reported Bill Sauer had been at the VillageFest �6 Committee meeting he had attended the previous evening and the resident 7 1 had recalled that the City had provided seed money for the various 2 Wrangler Days which had been held in St. Anthony years ago and had O 3 thought the City had gotten back most of its money after those events. 4 Mayor Sundland agreed that about $800.00 had been lent to cover the 5 initial costs of those events and that the committees in charge of the 6 events had paid back whatever they could from what they had taken in 7 during the celebrations. His own recollection was that about $600.00 8 had been raised to pay the City back. He said he would have no problem 9 lending the Committee the money it needs for a float with the 10 realization that they would make the best effort they could to pay it 11 back. The Mayor also wanted to see firm figures related to what the 12 insurance would cost, perceiving those figures could probably be more 13 easily gotten by the Chamber. 14 Councilmember Enrooth pointed out that $7,000 .00 was certainly not the 15 same as lending $800 . 00 for a community event and he urged a formal 16 document be developed for the loan so the impression would not be left 17 that everybody could automatically turn to the City to underwrite 18 future community activities without paying the money back. The 19 Councilmember also suggested eliminating any reference to the City 20 sponsoring the VillageFest from the letter the Committee is sending City 21 merchants to solicit food booth participants and financial donations for 22 the event. Mr. Childs agreed, saying the Chamber members he had talked 23 to that morning had certainly supported having the Chamber takes over 24 that sponsorship. 25 Ms. VanderHeyden indicated she didn't think the VillageFest Committee O 26 would perceive the transfer of the float to Chamber auspices as a loss 27 of control for themselves, but instead would see it as an opportunity 28 to get more people involved in the planning and making the float a 29 reality. 30 Mayor Sundland said he would welcome having the Chamber take over the 31- sponsorship of the celebration itself because he thought the Chamber 32 should share the role of marketeer of the community with 'the City. 33 There was concurrence that having the Chamber identified on the side of 34 the float as its sponsor would be no different than having other 35 community based organizations names acknowledged as the sponsors of 36 other community floats. The City Manager responded to the fear that the 37 VillageFest Committee might read the transfer of the float to the 38 Chamber as an indication that the Council was trying to get out of 39 involvement in the project by saying that many City departments ' are, 40 working closely with the Committee and the fact that all the 41 Councilmembers and he and Ms. VanderHeyden intend to continue their 42 efforts to make the float a success. Offering a $7,000..00 loan could 43 certainly not be seen as a disengagement either, he added. 44 Mr. Childs was requested to develop a letter of understanding for . 45 Council approval at their next meeting. 46 Presentation on Proposed Changes in Minnesota Human Services Licensing 47 Lair Scheduled for Council's March 28th Meeting O 8 �1 Copies of the February 27th letter from the Ramsey County Community 2 Human Services Department asking whether the Council had such an 3 interest had been provided in the Council agenda packet. Councilmember 4 Marks indicated he certainly thought the Councilmembers should have an 5 opportunity to learn more about the proposed changes in the community 6 placement of group homes and to be able to provide City input to the 7 legislation. Councilmember Makowske who had reported previously on the 8 issue, commented that in its role of St. Anthony Human Rights 9 Commission, the Council seemed to be the logical body to receive the 10 presentation. 11 Ms. VanderHeyden Again Praised for "Excellent" Refuse Licensing 12 Ordinance 13 The City Manager agreed with the above statement by Councilmember 14 Makowske indicating he expected the final document might be used as a 15 model for similar ordinances in other municipalities. 16 Various aspects of the March. 3rd preliminary draft of the ordinance were 17 discussed with Councilmember Enrooth, who had served as the Council's 18 liaison on the Recycling Task Force, whose criteria had been established 19 in the ordinance. 20 The Councilmember explained that Subdivision 2 of Section A on Page 2 21 would license the collection of aluminum in the City, which, because of 462 its lucrative resale value, had even led some persons to tear the 3 aluminum right off the sides of buildings to sell. 24 Ordinance to Address Yard Waste Hauling by Truck Farmers 25 Ms. VanderHeyden pointed out that the truck farmer who has been 26 collecting grass clippings from several Councilmembers could continue 27 to do that without a license from the City, as long as they had an 28 "account relationship" with the property owners and complied with the 29 ordinance requirements for hauling contained in Subdivision 4. Mr. 30 Childs suggested the City might want to issue a license to such persons 31 which would require them to keep the City apprised of'the weight of the 32 clippings they hauled away and assure that there would be no leakage 33 from the vehicles used to do the hauling, which was pretty well covered 34 in the ordinance. There would also be an attempt to coordinate these 35 pickups with -the recylcable collections on. Tuesdays and Wednesdays. It 36 was also recognized that in 1990 state law would prevent yard waste from 37 being disposed of in landfills. 38 'Mr. Childs said he would give the ordinance to the City Attorney for 39 review as soon as possible. He commented that he expected only refuse 40 haulers to have questions after the document is published and then only 41 because the ordinance calls for some changes in what they are doing now. 42 The City Manager continued that he didn't believe there was anything in 43 the proposed ordinance which would prevent any of them from "doing 9 1 reasonable business in St. Anthony" , especially since most of the 2 regulations would be state mandated in a year or so anyway. 3 Mayor Sundland agreed that he didn't anticipate much opposition from the 4 residents themselves and said unless he was wrong, he perceived it might 5 be possible to shorten up the process by incorporating a couple of 6 readings into one Council meeting. 7 Staff to Continue Working With Haulers Regarding Recycling Incentives 8 and Containers 9 A joint City/hauler incentive program would be pursued further and the 10 possibility of the City providing recycling containers paid for from 11 County funds was also discussed. There was also recognition that unless 12 80% of the residents continued to chose Waste Management Inc. .as their 13 hauler, that company would probably not be able to afford to provide the 14 recycling equipment it now does for the City Recycling Center, -which 15 would have to be phased out. Mr. Childs reported that conversations he 16 had recently held with Waste Management Inc. indicated they weren't 17 closing the door completely on continuation of their existing non- 18 containerized collections in the Village. He thought they might even 19 institute a containerized program themselves under which their customers 20 would be charged for the containers. 21 NEW BUSINESS 22 1989 Employment -Agreement with David Childs to be Executed o 23 Motion by Marks, seconded by Enrooth to adopt Resolution 89-008 which 24 continues Mr. Childs' employment as St. Anthony City Manager for 1989. 25 RESOLUTION 89-008 -26 A RESOLUTION AUTHORIZING THE MAYOR OF THE 27 CITY OF ST. ANTHONY TO EXECUTE THE 28 EMPLOYMENT AGREEMENT BETWEEN DAVID M. CHILDS 29 AND THE CITY OF ST. ANTHONY 30 Motion carried unanimously. 31. Rieke-Carroll-Muller Low Bidder to Provide Feasibility and Cost Study 32 for M.S.A. Roads 33 The three quotations received by Public Works Director Hamer to provide 34 maintenance evaluation of four concrete M.S.A. streets in St. Anthony 35 had been attached to Mr. Hamer's March 1st memorandum listing those 36 streets and recommending the Council accept the lowest bid. 37 Council Action 38 Motion by Enrooth, seconded by Makowske to accept the low bid of not to 39 exceed $3 ,700.00 from Rieke-Carroll-Muller Associates, Inc. to do a 10 1 feasibility and cost study of the following City streets from its 02 Minnesota State Aid Maintenance Fund: 3 >33rd Avenue N.E. from Stinson - Boulevard to Old Highway 8 4 >37th Avenue N.E. from Stinson Boulevard to Silver Lake Road 5 >Stinson Boulevard from 37th Avenue N.E. to Silver Lane 6 >Chandler Drive from 37th Avenue N.E. to Silver Lane 7 Motion carried unanimously. 8 Low Bid of $20,488.00 from MacOueen Equipment, Inc. Accented for Park 9 Mowing Machine with Attachments 10 Mr. Hamer had recommended the above in his March 2nd memorandum to which 11 he had attached a copy of the Advertisement for Bids published in the 12 Bulletin as well as copies of the quotes from MacQueen, Akeny Tractor, 13 Inc. , and Rey. 14 Council Action 15 Motion by Ranallo, seconded by Marks to follow the recommendations to 16 accept the low bid of $20,488.00 from MacQueen Equipment 17 Motion carried unanimously. 18 Low Bid of S17,188.00 for a Trailer Mounted Robotic Sewer Rodder ep Accepted From Flexible Pipe Tool Co. 20 The above recommendation had 'been made by Public Works Director Hamer 21 in his March 2nd memorandum in which he had addressed the three bids in 22 the agenda packet and advised. that the bid from Crysteel Truck Equipment 23 had not met the specifications for that equipment. 24 Council Action 25 Motion by Marks, seconded by Ranallo to award the $17,188.00 contract 26 for the robotic sewer rodder which would be trailer mounted, to the 27 Flexible Pipe Tool Co. , who had met the necessary specifications and 28 had also submitted the lowest bid. 29 Motion carried unanimously. 3.0 ADJOURNMENT 31 Motion by Makowske, seconded by Enrooth .to adjourn the City Council 32 meeting at 8:45 P.M. 33 Motion carried unanimously. 34 Respectfully submitted, Helen Crowe, Secretary 11