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HomeMy WebLinkAboutPL PACKET 06161989 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100430 BOX: ZS Folder: PL PACKETS 1989 Document: PL PACKET 06161989 - • • ain tho On illa e • DATE : APPROVAL June 16, 1989 TO : Planning Commission Members FROM : Sue VanderHe den Acting City Manager ITEM : ST. ANTHONY NATIONAL BANK, 2401 LOWRY AVENUE N.E. — SIGN VARIANCE REQUEST St. Anthony National Bank is requesting a variance to place a second identification- sign ("replacing an existing sign) on the= southeast wall. near the front entrance. The sign replacement is due to a name change caused by the acquisition of the St. Anthony Bank by Firstar Corporation. The proposed sign is 14 .25 square feet. In addition to the existing sign, which is 48.5 square feet, the total signage, 62.75 square feet, is well within the allowed 150 square feet allowed per business. • The new sign would also serve as an important identification sign for the front entrance. :cjk6.20.89 ; • Date: ��� . �y� Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: .5 h14&.tt1 Phone:�7�/�- Address: �o .� w '+""` /�/�- ,t/• '�`��� Status of applicant (owner, buyer, renter, agent, etc. ) : Oct Street address and/or legal de cription of ro erty petitioned for variance• 6 Zoning district in which property is located: Request-: �rL l 10 iy S • 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. y ` s 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 applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. / e Signature of applicant: f�8y�y,s� t J ' • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST . 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, June 20, 1989 at 8: 15 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 the St. Anthony National Bank, 2401 Lowry Avenue N.E. for a sign variance to place a second identification sign (replacement of existing sign) on the southeast wall near the front entrance. 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 Acting City Manager, 789-8881. • Susan L. VanderHeyden Acting City Manager Publish: Bulletin, June 7, 1989 • , Mailing list - 2401 Lowry Ave. N.E. 5/89 Video Update Kentucky Fried Chicken Lowry Grove 2510 Kenzie Terrace N.E. 2520 Kenzie Terrace N.E. 2501 Lowry Avenue N.E. • St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 R. J. Rupert 8900 Penn Avenue South Bloomington, MN 55431 • • r j L:.7TEE FACf.S ?O gE PAI1-1-fL-✓ �;Hp -_�\� �j� � S UK-F aC,E W( OP&WE &_AC K SO Lr,TTe f-S WILL uyHT UP -To HA7C.H L4gHTe� i TYPES-fyLE (VhIVERS 45� i i _V- Ad,. 0 T' ANTHONY BANKI u, �' (HStiFr-1ALL`I �LLVI�IIN OI'i � �I�EWAy. � �? 5 ICH +/S-7 fC:F DE7kILS. a VATIOM 51/2 ! CFli�EfL HEIR SICAH tH SPAr-& of �EX157iHCj S�yN. — i t � ANTHONY I K �v ^„ \ 5/16' PLA7-F-- A L.UH. LCXgO, sTV. I'CVH i w/ i;i SPaGI:�S SIULC;HC' 4DHtSIvI=, YAIHT F J^ LETTER-$ PHS j Z3 C,F-Ay i 'BAIT ?M S 595 CgR�EH. EL T r - i S Z EL EvATlofy w ° • • 5' Gy+W. H£TAtt T�F:riSfC ll�z =Hc.!osURE •032:' A-UH. g-tiTURH, PAINT / P&IH T -To HAZH� • �H7V1? �'Z IL" A��yLIC, �1HITf- " -Z8 W1 °�IM� y iJI�iH!a HM H� H -rv61Hy -WHIT- j l - a JL !oo Hf. H�-oH rP�HSfroI�MER-•' " o � ?I� TyP>r �Ic.'fRO�� HouyHC, I LASS TUBE SUPPORTS 1i 0 n� N fV ij vCCL' uz %O JU FLtrXI?�� N1E7AL GUHCJIt F- CoHTAIHIH(I GTo VJ12.E a a ,yoH 4-c4 -OSIVE FASTI;HERS A5 �1:OU1 AEG 3 4 5EC.TIp�-{ • . ain_ thou HE e DATE - APPROVAL s June 16 1989 TO Planning Commission Members FROM s Sue VanderHe den Acting City Manager BURLINGTON NORTHERN METRO COMMUNITY CREDIT, 2500: HIGHWAY 88__- SIGN VARIANCE REQUEST -Burlington Northern Metro Community Credit is-requesting a -sign variance to change the existing copy on the two signs located at the northeast and southwest roof of the drive-through teller facility, from 32 square feet (16 square feet each) to 144 .25 square feet (72.12 square feet each) . This request is based on a name change to include the word "community" . The signage would be rearranged to a two line layout so as to include the name change. Signage on the drive-through was chosen in lieu of a sign on the Northgate Office Park Building when the original variance was granted in October, 1986 . This is due to the importance of the drive-through area being identified sufficiently. :cjk6.20.89 t' Date: 1-4 - c �- Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE 7Vq -33 T7 Applicant: N I11�-i Qf CC�M f`r1 . ffie f1 L Phone: 7 7 u�LP i Cf; I T(2Q � Address • SCO --7-730 AL 5-fz nerr Status of applicant (owner, buyer, (Trenter, agent, etc. ) : Street address and/or legal de cription of property petitioned for variance:_ C3L-c -) I j�'K L--1 Zoning district in which property is located: T'n� Request: 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 we fare or inj'Mrious to other property in the neighborhood or village. L I1 F- ML)L �/ L� j--; .� � G �,eN(I c�c—' c2 /�'X�:�%�CJ L'�'� c=J/1 ���IU.LC� /�✓a / ,'' � 2) A particular hardship to the applicant would res} ult if he strict letter of the regulations are adhered to. 1(- /-)6-� �6�n�1Clecl 11-t T i?Ll Ne-C1 t- 0(110-) ME T IZLJ CEO r71n-��;� i��, C'��cv�'7 C �r'�%cr). 3) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, g9nerally, to other pro erty wit . the sa land- use classification. ��-t(����� C%C Signature of applicant: C° j * 25 . Onr TO City of St. Anthony FROM - - A1TR0lCTA S�l3�l, tMC. 3301 Silver Lake Road _ 6417 Perm Ave. South RKWIELD, MINNESOTA 55423 St. Anthony, DIN 554_18 . _ (612) 666,3047 Attn: Si Inspection , fJv SUBJECT:_ Sign -permit application_ _ _, –_– --_--__DATE: 4-19-89 FOLD please see the attached request to add to existing signage at _ 2500 Hwy 8 8,_BN Metro Credit Union. We _request p_erniission to add the wor8 COTvMUNITY (8� sq. ft. ) to each side of canopy. We will remove existing letters and reinstall, adding Community. Letters will be arranged per attached layout, 2 lines. • Letters will'be mounted 'on• a tnetal `pan fai;cia ( ivory) . Please contact our office with the permit amount and I will forward a check. RETURN TO —� SIGNED Robyn Benson - REPLY --_ DATE: SIGNED Item#F270©Wheeler Group Inc.1978 PERSON ADDRESSED RETURN THIS COPY TO SENDER • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST 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, June 20, 1989 at 7: 35 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Burlington Northern Metro Community Credit located at 2500 Highway 88 for a sign variance to change the copy and increase the existing signage, on the northeast and southwest roof of the drive- -through, to 144. 24 square feet. 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. • Susan L. VanderHeyden Acting City Manager Publish: Bulletin, June 7 , 1989 Burlington Northern Credit Union Mailing List 5/89 Town & Country Foods LaNel Sunset Memorial Cemetery 2550 Highway 88 4601 Excelsior Boulevard 2250 St. Anthony Blvd. St. Anthony, MN 55418 St. Louis Park, MN 55416 Minneapolis, MN 55418 Gibraltar Mausoleum Corp. Eberhardt 1346 N. Delaware St. 3250 W. 66th Street Indianapolis, Indiana P.O. Box 1385 Minneapolis, MN 55440 Re: Sunset Memorial Cemetery 1 yI I r IVQRy L elTEVS �f 1 T T: R A�T A CUSTOMER AYaADYAI q . d1�110 NI•:rt•n I4•lOr NI W4 V•1 Co�rc rYOi•.1A worm••.a nur•Io.11Er/ ■1�f!•Ii1r HOS K .bl h DAfE •�ulwo.x�o,co.Y••,o.rasa•. ■•/T 1�1,��IrYtiyi xon RJr•rw7•a •rIy(1• ra.K - irAn 6411 PENN AVE SOUTH 612 866.9047 SCALE DRAWM or SAUSPEASOM DAr[ RICHFIELD, MN 55423 ai thou ffla Ole DATE : APPROVAL : June 16, 1989 TO : Planning Commission Members FROM : Sue VanderHeyden, Acting City Manager COLDWELL BANKER COMMERCIAL, 2900 PENTAGON DRIVE - SIGN VARIANCE REQUEST Coldwell Banker Commercial is requesting a variance to place a 16 square = foot "For Lease" sign on the rear facia of the St. Anthony Shopping Center, 2900 Pentagon Drive N.E. Section 430. 35, Subdivision 9, allows a temporary advertising sign for a six month period. When addressing the required three conditions, Coldwell Banker does not believe a sign with such limited wording ( "For Lease" ) would be detrimental to the public in any manner. The hardship responded to was the possible hindered marketing effort and the unique condition stated is the unique location of the shopping center. Staff believes that a variance is necessary due to previous Commission and Council action (January, 1989) requiring that all existing Shopping Center signage be removed and any new signage placed only in accordance with the approved signage plan. A real estate sign is not included in such plan, therefore, it requires a variance. :cjk6. 20.89 r • Date: May 24, 1984 Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Coldwell Banker Commercial Phone: 349-8902 Address: 900 2nd Ave. S. , International Centre, Suite 800, Mpls. , MN 55402 Status of applicant (owner, buyer, renter, agent, etc. ) ; Leasing Agent Street address and/or legal description of property petitioned for variance: St Anthony Shopping Center; 2900 PPntagnn nr. N E . St. An hnn3Z, MN 55141R Zoning district in which property is located: Commercial Request: To locate a Coldwell Banker sign W x4' ) on rear facia of building see attached • 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 incurious to other property in the neighborhood or village. The sign merely says "for lease" and is meant to create visibility and knowledge to the public at large that we are actively leasing the .shopping center. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. The marketing effort would be hindered if our signage to the west of the center was not made visible. 3 ) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. The placement of our sign would have th most ibility and have the most tasteful placement at this location. Signature of applicant: Peter B1 h , Leasing Agent Coldwell" Banker Commercial Real Estate Services • t Coldwell Banker Commercial Real Estate Services ®� International Centre 900 Second Avenue South,Suite 800 Minneapolis,Minnesota 55402-3317 • Licensed Real Estate Broker .. i i• May 26, 1989 Ms. Sue vanderHeyden CITY OF ST. ANTHONY 3301 Silver Lake Road N.E. St. Anthony, MN 55418 Dear Sue: Enclosed please -find the completed sign variance request form and an attached flyer showing the proposed placement of the "For Lease" sign at St. Anthony Shopping Center. The success of leasing the center is greatly influenced by • visibility to the public, therefore signage to the west is important for prospects driving by on Kenzie Terrace. Our goal is to lease the shopping center as quickly as possible with a tenant mix that will create a successful community center for the city of St. Anthony. Please inform me as to when the next city council meeting is. scheduled so we can be ,present. Thank you. Sincerely, Bonnie J. Franta (612) '349-8902 hkp B146C8 Enclosure • • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST 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, June 20, 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 Coldwell Banker Commercial regarding 290.0 Pentagon Drive N.E. in the St. Anthony Shopping Center for a sign variance to place a 16 square foot "For Lease" sign on the rear facia of the St. Anthony Shopping Center. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. • Susan L. VanderHeyden Acting City Manager Publish: Bulletin, June 7, 1989 .2906 MAILING LIST - 2&2-2 PENTAGON 5/89 1ERHARDT R. T. JOHNSON MEATS J. R. BONA 50 W. 66th Street 2810 Kenzie Terrace 5236 Horizon Drive P.O. Box 1385 St. Anthony, MN 55418 Fridley, MN 55421 Minneapolis, MN 55440 Re: 2812-27th Ave. N.E. 2801 Kenzie META Partnership c/o Gustafson & Tyson Young Quinlan Building 81 South 9th Street Minneapolis, MN 55402 • • Co Lm C�l l ol Conditional Use Permit Granted for New Slick's Alternative Location in 2 Apache 3 Commission Recommendation 4 Chair Madden reiterated the testimony taken during the Commission 5 hearing, including staff's report that the lounge had posed no problems 6 for the City during the five years it was located in the St. Anthony 7 Village Shopping Center from which it was being relocated because that 8 property was being redeveloped for an apartment complex. He also 9 pointed out that the hours of operation had already been established by 10 Ordinance which required the establishment be closed from 1:00 to 6:00 11 A.M. 12 The permit applicants, Bob and Diane Slick, were the only persons 13 present to discuss the issue. Mr. Slick told the Councilmembers he 14 hoped to open the new lounge by March 3rd. Mrs. Slick indicated they 15 would only be able to add 10 or 12 more tables to this establishment 16 than they had at the previous location because the bathrooms in the 17 Apache lounge were so much larger. 18 Council Action 19 Motion by Narks, seconded by Enrooth to grant the conditional use permit 20 requested by Diane and Robert Slick to operate the proposed non- 1021 alcoholic lounge at 2450 - 38th Avenue N.E. , finding as did the 22 Planning Commission, that: 3 1. The questions statutorily required to be answered in the affirmative 14 had been answered properly in the application. 25 2. There were no calls either for or against the permit prior to or after 26 the January 17th hearing and no one had appeared at either that 27 hearing or the Council's January 24th consideration to speak against 28 the permit. 29 3. Parking is in conformance with code requirements and the Fire Marshal 30 will be checking out the establishment to assure that all fire codes 31 are met. 32 4 . This establishment is perceived to have provided a positive 33 contribution to the community inasmuch as the operation has been 34 successfully managed without problems for the City for over five years 35 and at the same time offered a recreational alternative to the City's 36 liquor operation. 37 Motion carried unanimously. 38 Council Welcomes St Anthony ShORRing Center Improvements and Grants 39 Variance for Tenant Directory at Kenzie Terrace Entrance 5 01 Chair Madden summarized the minutes, reporting the unanimous Planning 2 Commission recommendation that the Council approve the uniform signage 3 plan and sign criteria proposed by the center owners to include the new 4 pylon center sign and grant the variance the ordinance requires for the 5 proposed tenant directory at the Kenzie Terrace entrance to the Center. 6 He said the pylon and directory would -have the same characteristics as 7 the tenant sign lettering on the store front canopy fascia and their 8 total signage would be well below the square footage the City Ordinance 9 allows one center sign. 10 The Commission representative indicated the Commission recognized the 11 need to give those tenants who might not have ready funds to cover the 12 costs of the new signs a few months after the sign band is up to install 13 temporary canvas lettering until they purchase permanent signage. 14 Commissioner Madden noted the omission of building wall signs from those 15 which would have to be removed after the sign band is up, saying the 16 Commission perceived that signage as well as all under hanging signs 17 should come down as soon as the new sign band is up. After he had 18 explained the reasoning behind the time limit on the variance, the 19 Commission Chair told the Councilmembers the Commissioners had all been 20 very pleased to see these improvements to the center being made and 21 hoped the project would be completed as soon as possible. 22 Rodney Johnson, Eberhardt Property Manager, indicated he had no problem W3 with the removal of the existing building wall signs. He reported his 4 company was negotiating the lease language with the Coast to Coast 25 Hardware Store to become the center anchor and was reassured that the 26 City would consider both the corporate name and logo as one sign for 27 that business. 28 Mayor Sundland told Mr. Johnson the Council had been presented the same 29 photos of the Dallas shopping center signage which was to be the 30 prototype for the Village center by Mr. DiSanto during a meeting earlier 31 in the year. The Mayor also told him the Council would be continuing 32 to encourage the improvement of the shopping center and perceived the 33 plans presented that evening as certainly a step in the right direction. 34 Council Action 35 Motion by Ranallo, seconded by Makowske to grant a variance from the 36 City's Sign Ordinance to the Eberhardt Co. on behalf of the St. Anthony 37 Shopping Center for a 6 foot, 6 inch by 6 foot, 1 inch (total 39.6 38 square feet) tenant directory sign to be mounted on the northwest wall 39 of the former Brown Photo location facing Kenzie Terrace as shown in the 4b drawing in the Planning Commission's January 17th and Council's January 41 24th agenda packets. 42 Included in the variance would be: 43 1. The allowance of the new 260 foot pylon sign for the center also •44 included in the agenda. packet which would be 40 square feet below the 45 maximum allowed size, and 6 •1 2 . Signage criteria for the center tenants which will be used in 2 conjunction with the new sign band for the building which would allow 3 only individual lettering and has limits on the size and number of 4 signs. 5 The Council also accepts the Planning Commission recommendation that the 6 following conditions be imposed on the granting of this variance: 7 a. The temporary canvas lettering proposed to be put up when the sign 8 band is installed on the fascia sometime around April 1, 1989 to 9 identify those tenants who have not yet signed up for permanent 10 signage would be allowed to remain on the sign band only three months 11 after completion of the band. 12 b. All current signage on the building fascia including wall and 13 underhanging signs will have to be removed with the installation of 14 the new sign band. 15 c. All sign lighting except that on the .pylon sign and the tenant 16 directory will have to be turned off at midnight. 17 d. The variance is valid for a period of 24 months from date of approval 18 after which time it becomes invalid if the project is not started. !L9 In granting this variance the Council finds, as did the Planning 20 Commission, the following special circumstances support the variance 21 request: .2 1) The shopping center fronts on both Highway 88 and Kenzie Terrace, but 23 no identification of the center or its tenants is currently available 24 on Kenzie Terrace. 25 2) The center buildings have their backs on Kenzie Terrace, further 26 screening their visibility. 27 3) The 39 . 6 square foot directory when coupled with the 260 square foot 28 pylon sign is still less than the center would be allowed if there 29 were a pylon sign only. 30 4) No calls either for or against the variance were received by staff 31 prior to the hearing and there were no expressions of opposition 32 during the hearing. 33 5) The three conditions required be met have been met in this request. 34 The Council joins the Planning Commission in commending the owners for 35 making these long overdue improvements to the St. Anthony Shopping 36 Center. J37 Motion carried unanimously. 7 signgraphics ST. ANTHONY SHOPPING CENTER SIGN CRITERIA General-The Sign Criteria as set forth herein, shall govern all outdoor signage to be used or displayed by the Tenants of "St. Anthony Shopping Center." This will insure quality signing throughout the 'Center, while maintaining pleasing architectural standards and fairness to all tenants. Consideration will be given to allowing maximum flexibility of sign designs, individuality and creativity within the limits described below: Sign Criteria/Specifications-All Tenant signs must be designed, fabricated and installed to comply with the following criteria and specifications: 1. All Tenant signs must be individually illuminated neon channel letters with plastic translucent faces. Painted faces are not acceptable. 2. Signs shall be limited to the wording necessary to describe the business trade name and/or logo, or logo type. Type styles will not be restricted, providing that they are legible, or within the size limitations described below and meet the Lessor's approval. • 3. Tenants will be allowed one sign per storefront elevation-. Elevations exceeding 60 linear feet may have a second sign, also subject to Lessor's approval. 4. Unless unusual circumstances warrant special permission from the Lessor, the signs shall be limited to a single line, the total width of which shall not exceed 808 of the Tenant's store front width. The letters must be of a style and size that no part of the letter will extend more than 6" above, or below the SGR-8961 attachment channels embedded in the fascia (see €6 below for a description of those attachments) . a. Letter Channels (returns)-All letter returns shall be formed from aluminum in minimum thickness of .040 inches. Depth of channels shall be 5-. 1/4". All interior surfaces must have a splash coat of white for reflective purposes. Outside color will be D-99 White. b. Letter Backs-Letter backs are to be made of aluminum of the same or greater thickness as that of the letter channels. Armorply, plymetal, foam, styrene, or any other inflammable material shall not be used under any circumstances. c. Letter Faces-All letter faces are to be pigmented plexiglas, or equal acrylic sheets with a minimum thickness of .125 inches. d. Face Retainer-All letter faces must be attached to the letter channels • using trim cap material, (1 inch) trim color gold. SIGNGRAPHICS• ■ 10011 MILLER ROAD ■ P.O.BOX SSSSS • DALLAS,TEXAS 75238 • 21u30-3131 r � • 6. INSTALLATION a. There are 3 rows of SGR-8961 extruded aluminum channels embedded in the background, 13" inches center to center running the full length of the sign area. b. The letters are to be attached to those channels using SGR-8960 snap- in clips furnished by the sign contractor. (Except for the letter I, all letters shall have a minimum of three clips, although more clips may be required, depending upon the size of the letter.) c. No letter attachment holes through the SGR-8961 channels and no welding to those channels will be permitted. 7. ELECTRICAL REQUIREMENTS a. Letter shall be internally illuminated with neon tubing, 15 VIM, or 13!:4 using 30 YA transformers. b. The required transformers shall be mounted on the back side of the • fascia directly behind the letter and housed in a sheet metal box 0" X I" X 16". The secondary wiring (GTO-15) running from the transformer to a letter will be contained in 1/2 OD flexible vinyl tubing with no less than .060 inch wall thickness. That tubing shall be mechanically fastened to both the transformer box and the back of the letter track, by the use of Thomas and Betts 3/8 inch squeeze type connector #253, or equal. C. No holes shall be drilled in the SGR-8961 channel for any purpose except for running secondary Miring from the letter to the transformer. Those holes shall be 7/8 inches in diameter in order that, at a later date, they may be plugged with a standard snapin blank for 1/2 inch knock outs, Appleton #S50 or equal. e. NO PENETRATIONS OF ATTACHMENTS IN THE FINISHED FASCIA SURFACE WILL BE PERMITTED UNDER ANY CIRCUMSTANCES. 8. - APPROVAL Tenant shall submit two (2) drawings to the Lessor for written approval, prior to the fabrication of any sign. Lessor must also approve Tenant's Sign Contractor as having previously met the criteria for performing acceptable job standards over a period of not less than three years to assure compliance with our specifications. Any construction accomplished by the Tenant or Sign Contractor, without having the Lessor's written approval and not in compliance with these specifications will be done at • the Tenant's own risk. Tenants are free - to select any Sign Contractor they choose, subject to Lessor's approval. Lessor suggests that Tenants select Sign Contractors willing to give acceptable warranties on their work. 1. All returns on letters will be painted with D-99 2. Trim cap will be 1" gold. 3. The acrylic face color of all letter shall be one of the following: A. Red Rhom & Haas Plexiglas 2415 B. Blue so " 2151 C. Green so 2030 D. Orange " " 2119 4. Special clips manufactured by Signgraphics will be used to mount letters standard No. SGR-8960. • 0/410 St. Anthony �e sign dacl�,eel Shopping Center '�, 'bwildin Dairy Queen Town&Country Grocery Dave's Mobil (34,000 sq.ft.) • New Brighton Blvd. OCCUPANCY DEMOGRAPHICS Hennepin County Library DEMOGRAPHIC INFORMATION BASED ON All Star Travel 1980 US CENSUS INFORMATION. Hair Solution Within 1 mile radius Curtis Mathes/99¢,Video Population 8345 Coast to Coast Total Hardware Male 46.7% M°Cullum Chiropractic Clinic Female 53.3% St. Anthony Fun Center Ages 45-54 11.2% Snyder Bros. Drug Ages 44 & under 56.4% Dr. C.W. Kirk (optometrist) Median age, male 37.2 St. Anthony Schwinn Cyclery Median age, female 39.5 Slumberland Number of households 3586 Cokesburg Bookstore Single family dwellings 80% Montessori School 1988 estimated average HH income $41,368 Dave's St. Anthony Mobil Dairy Queen Traffic counts 1986: New Brighton Blvd./Old Hwy. 88 12,500 St. Anthony Blvd. 10,300 Town and Country Grocery is a jacent to the property Kenzie Terrace 8,400 but is not owned or managed by Eberhardt Company. Total daily traffic 31,200 St.Anthony Shopping Center is managed by Eberhardt Company,(612)3364200.For leasing information,call Coldwell Banker at 6123384700. FOR LEASE w► St. Anthony Shopping Center • Highway 88 & Kenzie Terrace • St. Anthony, MN 894 ■ 87,375 total leasable square feet 35W SM ANTHONY ■ Exterior facelift recently completed 94 ROSEVILLE 88 ■ High visibility to Highway 88 and MINNEAPOLI8 36 86E Kenzie Terrace 66 280 ■ Anchored by Coast to Coast Hardware, °tt r 8T PAUL Snyder Brothers Drug, and Slumberland 36W 369 ■ New 210 unit apartment complex o adjacent to center �4 d SS� T° COLDWELL BANKER COMMERCIAL FOR LEASING INFORMATION CALL: REAL ESTATE SERVICES BONNIE FRANTA or PETER BLOCH 338-4700 900 Second Avenue South•Suite 800• Minneapolis, Minnesota 55402.612/338-4700 Information contained herein has been obtained from the owner of the property or from other sources that we deem reliable.We have no reason to doubt its accuracy,but we do not guarantee. St. Anthony kehZ,e Terr Shopping Center aye So n a ac(�,aol Dairy Queen Town&Country Grocery Dave's Mobil (34,000 sq.ft.) New Brighton Blvd. OCCUPANCY DEMOGRAPHICS Hennepin County Library DEMOGRAPHIC INFORMATION BASED ON All Star Travel 1980 US CENSUS INFORMATION. Hair Solution Within 1 mile radius Curtis Mathes/99¢ Video Population 8345 Coast to Coast Total Hardware Male 46.7% M�Cullum Chiropractic Clinic Female 53.3% St. Anthony Fun Center Ages 45-54 11 .2% Snyder Bros. Drug Ages 44 & under 56.4% Dr. C.W. Kirk (optometrist) Median age, male 37.2 St. Anthony Schwinn Cyclery Median age, female 39.5 Slumberland Number of households 3586 Cokesburg Bookstore Single family dwellings 80% Montessori School 1988 estimated average HH income $41 ,368 Dave's St. Anthony Mobil Dairy Queen Traffic counts 1986: New Brighton Blvd./Old Hwy. 88 12,500 St. Anthony Blvd. 10,300 Town and Country Grocery is adjacent to the property Kenzie Terrace 8,400 but is not owned or managed by Eberhardt Company. Total dally traffic 31 ,200 St.Anthony Shopping Center is managed by Eberhardt Company, (612)336-4200. For leasing information,call Coldwell Banker at 6121338-4700. CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA JUNE 20, 1989 7:30 P.M. COUNCIL CHAMBERS I. Call to Order. II. Roll Call III. Minutes. A. Planning Commission - May 16, 1989. IV. Designate Commission Representative to Council's June 27, 1989 Meeting. V. Public Hearings. • A. 7:35 P.M. - Burlington Northern Metro Community Credit, 2500 Highway 88 - sign variance request. B. 7:50 P.M. - Nationwide Sewing and Vacuum, 2922 Pentagon Drive - sign variance request. C. 8:15 P.M. - St. Anthony National Bank, 2401 Lowry Avenue N.E. - sign variance request. D. 8: 30 P.M. - Coldwell Banker Commercial, 2900 Pentagon Drive - sign variance i request. E. 8:45 P.M. - Salvation Army, 2950 W. County Road E - sign variance request. VI. Miscellaneous. V. Adjournment. CITY OF ST. ANTHONY 2 PLANNING COMMISSION MINUTES 3 May 16, 1989 4 The meeting was opened at 8 :00 P.M. with the Pledge of Allegiance led 5 by Chair Madden. The opening had been delayed until the District #282 6 School Board election polls closed. 7 ROLL CALL 8 Present: Hansen, Wagner, Madden, Werenicz, Brownell , 9 Franzese (arrived at 8:04 P.M. ) 10 Absent: London. 11 Also present: Susan L. VanderHeyden, Acting City Manager 12 Ray Nelson, Liquor Operations Manager 13 APRIL 5, 1989 PLANNING COMMISSION MINUTES 14 Motion by Brownell , seconded by Hansen to approve with the following 15 changes: Page 5: line 23 : Substitute "later" for "earlier" . Page 14 , line 27: Substitute 111987" for 111981" . 18 Page 156, line 7: Substitute "written" for "rewritten" . 19 Motion carried unanimously. 20 Commissioner Hansen indicated the last paragraph on page 14 was quite 21 confusing for him because he had gotten clarification the previous year 22 that CDBG funds had been used only for senior programs and none for 23 child care as was stated in the minutes. Ms. VanderHeyden indicated she 24 would do further research on that and report back to him. She also 25 verified that a large CDBG allocation from.. Ramsey County had been made 26 towards the City's temporary carbon filtration facility the previous 27 year and the City would probably not be getting another Ramsey County 28 allocation for awhile. 29 COMMISSIONER HANSEN TO REPRESENT 'COMMISSION AT COUNCIL'S MAY 23RD 30 MEETING 31 NEW BUSINESS 32 Commissioners Indicate Reaction to Proposed Stonehouse Signaae 33 The signage package plan which had been discussed at the last Council 34 meeting was attached to the Acting City Manager's May 9th memorandum where she requested Commission review and comments. t I i 1 Ms. VanderHeyden reiterated that the new canopy sign across the front 2 of the building was the one sign allowed for the business, but the half 3 barrel canopy sign which is proposed be to relocated over the west 4 entrance was one on which the Council was seeking Planning Commission 5 recommendation, taking into consideration only the two sides which would 6 show from the street and the fact that the Stonehouse is located on a 7 corner and can be seen from a number of streets. The Acting City 8 Manager also drew to the Commission's attention the fact that the total 9 sign surface (144 square feet) was under the 150 square feet allowed per 10 business. 11 Ray Nelson, the Liquor Operations Manager, indicated the BAR and GRILL 12 lettering would be painted over on the southern exposure which can't be 13 seen from the street anyway. He also explained to the Chair that the 14 Speakeasy Bar was not being used by the City except for rental purposes 15 at this time and he perceived the sign at that entrance could be 16 considered a type of directional sign which is usually allowed any 17 business. The BAR and LOUNGE lettering on the wall nearest the former 18 bottle sop could also be removed, although there would be nothing to 19 indicate that entrance if that was done. 20 Ms. VanderHeyden told Chair Madden the City's policy regarding the type 21 . of hand lettered signs which announce special events, etc. was that 22 businesses are all allowed to put up such temporary signs for two weeks 23 after notifying the City. The Chair commented that regardless of the 24 City's policy, he thought such signage looked very "tacky" . Mr. Nelson 25 responded that he supposed they could use electronic ticker tape type 26 billboards like the neighboring Main Event and Brandywine, but they 27 would cost a lot of money and would be considered additional signage. 28 As a justification for the additional signage on the west side of the 29 building, Mr. Nelson pointed out that without that signage there was 30 nothing on that side to let drivers on Kenzie Terrace, St. Anthony 31 Boulevard or Silver Lake Road know what was inside the building. 32 When Commissioner Hansen commented that from reading the Council minutes 33 he had concluded the Council had already approved all -the signage, Ms. 34 VanderHeyden said what they had approved had been the signage for the 35 front of the building but had indicated they would like the Planning 36 Commission's reaction to the additional signage on the west side which 37 would be the relocated half barrel canopy sign with lettering for the 38 STONEHOUSE and DINING and DANCING on the front and north side. The 39 Chair commented that the proposal was actually for two signs on that 40 side which, of course, was the same as had been allowed the Salvation 41 Army Thrift Store at Apache. 42 Commissioner Hansen said he didn't think the Commission should only be 43 consulted regarding the signage on the west side, perceiving their 44 consideration should be given instead to the whole signage package. 45 Commissioner Franzese told him she guessed that hadn't been done because 46 this was for a City-owned business which used its revenues to offset the 47 residents taxes. His response was that he was also concerned about 2 Wtaxes but perceived the signage at the gateway to St. Anthony should give a good example to other businesses in the City. 3 Mr. Nelson said the Council's intent with the canopy sign in front was 4 to eliminate the existing unsightly RESTAURANT sign and substitute an 5 awning sign across the front which would be lit from the back. He 6 perceived it would dress up the building and would be good for the whole 7 City. He said using the canopy from the front of the building on -the 8 west side represented a savings for the City as well . 9 When he mentioned how difficult it had been to get business at the SAV 10 I bottle shop back up where it was before the move to the building next . 11 to the Stonehouse, Commissioner Hansen said may be the signs on the 12 canopy should say On and Off Sale instead. The Liquor Manager 13 indicated that wouldn't be necessary because the copy on the pylon sign 14 was going to be changed to SAV LIQUOR as indicated on the drawings he 15 then distributed. 16 Rod Johnson, who was present to discuss the changes in the Mid-America 17 Cheese Store in the St. Anthony Shopping Center commented that the 18 City's large pylon sign tended to take away from the effect of the new 19 signage the Center had just erected. Mr. Nelson reiterated that the 20 . City's pylon had been up for 20 years and the only change which was 21 going to be made was to the copy. The Chair suggested Mr. Johnson might 22 want to contact the Council about his concerns through the Acting City 23 Manager. *4 Planning Commission Recommendation 25 Motion by Franzese, seconded by Wagner to recommend the half barrel 26 canopy sign be moved to .the west side of the Stonehouse building where 27 it would be functional for protecting customers from rain, etc. and 28 because of the fact that business is situated on a corner and needs 29 signage on that side. The Commission also perceives this signage would 30 incur little expense for the City since the sign is already in existence 31 on the other side of the building. The Commission also recommends that 32 the lettering for BAR and LOUNGE be removed from the front wall of the 33 building and that only the lettering on the sides of the barrel canopy 34 sign which show from the street be retained. 35 Motion carried unanimously. 36 Commission Recommends Giving Mid-America Another Six Months to Find a 37 Subtenant 38 Although no public hearing had been scheduled, the Commission's 39 recommendation was sought regarding the request from Mid-America 40 Dairymen, 1265 Grey Fox Road, Arden Hills that the City grant them a 41 temporary delay, of enforcement for the combination of uses (retail in 42 the front of and the warehouse/storage in the rear) at the Mid-America 43 Cheese Store at 2912 Pentagon Drive in the St. Anthony Shopping Center. • 3 P 1 The combination of uses had been established by staff interpretation in • 2 1987.. 3 Staff Report 4 The Acting City Manager had advised the Commission in her May 12, 1989 5 memorandum that since the retail operation had been closed in January, 6 the entire operation was no longer in conformance with the conditions 7 imposed by David Childs the former City Manager, which allowed the 8 combination of uses to exist. Her memorandum also reported the store 9 owners were now requesting the City grant a temporary delay of 10 enforcement for at six to 12 months to allow Mid-America to find a 11 subleasing retail use which would bring them into conformance with that 12 condition or to locate a tenant to sublease the entire space. 4 13 Ms. ' VanderHeyden told the Commissioners she -perceived the 14 warehouse aspects of the combination would be valid only if there was 15 a retail use in the front portion of the store. 16 Commissioner Wagner commented that he perceived the understanding Mr. 17 Childs had with Mid-America was that the same business would operate 18 both portions of their space and if that was correct, Option A in Ms. 19 . VanderHeyden's memorandum would be almost impossible since it would 20 probably be very difficult to find another retail -type of business to 21 sublease the empty retail space for the two and a half years remaining 22 on Mid-America's lease with the shopping center. • 23 Proponents: 24 James Gammill, Manager of Member Services for Mid-America Dairymen, 25 reported 26 -The mix of uses in the St. Anthony Cheese Store was the same as that 27 carried out in 17 cooperatives for dairy farmer stores in South 28 Dakota, Minnesota, and Wisconsin. 29 -The main function of the St. Anthony Store had been to provide 30 supplies for the dairy farmers to operate their farms in a sanitary 31 manner by the distribution of materials like soap, sanitizers., 32 filters, paper towels, brushes, etc. 33 -Retail stores like the one in St. Anthony were intended to give the 34 farmers the opportunity to buy back some of the dairy products Mid- 35 America manufactured from their produce at locations where the 36 supplies were also assembled. 37 •In 1986, when the company was looking at the St. Anthony location as 38 a distribution center, they also perceived a little retail business 39 in conjunction with the distribution of supplies might be as 40 successful as other operations had been in other small towns like 41 Watkins, Winsted, Fergus Falls, Zumbrota, etc. • 4 1 -However, the St. Anthony store operated with very disappointing •2 returns all through 1987 and 1988 and the retail sales were 3 discontinued in January. 4 -His company is now seeking more time to look for a subtenant for the 5 retail portion or perhaps for the whole location while they were 6 continuing the distribution center. 7 •A commercial broker was now working on subleasing the space. .8 Charles Diessnire, 110 International Centre, Minneapolis, Attorney for 9 Mid-America indicated the broker had reported having .some prospects for 10 subleasing the space and had been furnished a copy of the lease to 11 evaluate those prospects to see if they fit the terms of the lease. The 12 Attorney added that Mid-America perceived the failure of the shopping 13 center to upgrade the center as they had promised when the company 14 leased the space had resulted in many more vacant spaces which the 15 company realized could cause them problems with trying to sublease 16 their location. Mr. Diessnire reported it had been because of that 17 realization that he and Mr. Gammill had consulted Mr. Childs to find out 18 whether they could .continue to operate their distribution business and 19 keep the retail space empty while they looked for a business to sublease 20 - that space. Mr. Diessnire indicated further that: 21 -There was not a high traffic business and no signage would be needed 22 to identify the distribution portion because the only trucks which �3 had to find them were those the company owned which brought supplies 4 to the St. Anthony location to be assembled by order and sent out by 25 company trucks to the various stores throughout the three states in 26 which Mid-America operates. 27 .-The trucks normally come to the St. Anthony store only the first four 28 days of the week with only occasional trips on Fridays. 29 When Commissioner Hansen said he had been concerned that a different 30 retail in the store might require signage of its own, Mr. Gammill 31 reiterated that there was no reason for identifying the distribution 32 center in the front of the store and reiterated that there would be 33 minimal traffic connected to the business in the back of the store which 34 should have no impact on the mall traffic at all . 35 Mr. Diessnire emphasized that Mid-America and the center owners shared 36 the same objective of finding a new tenant for the entire space and the 37 worst scenario for Mid-America would be to have someone take only the 38 retail and leave them with warehouse space which is too expensive for 39 them to operate. However, he said they were willing to stay there and 40 to keep the distribution business operational while they were looking 41 for a new tenant. 5 p I Planning Commission Recommendation • 2 Motion by Wagner, seconded by Brownell to recommend the Council grant 3 a six month delay of enforcement of conditions which staff two years 4 ago interpreted to allow a combination of uses for the purpose of 5 allowing the leaseholder the opportunity of subleasing the entire 9,377 ' 6 square feet of space to a tenant or tenants as per Option B of the 7 Acting City Manager's May 12, 1989 memorandum .on the issue. 8 Before the vote was taken, the following objections to the action which 9 was being proposed were voiced: 10 Rod Johnson, Eberhardt Manager of the St. Anthony Shopping Center, 11 indicated he perceived that by delaying the enforcement of the 12 conditions for the life of Mid-America's lease, the City would be 13 guaranteeing that Mid-America would continue to use the 9, 377 square 14 feet of space in the back of their store as a distribution center for 15 which they would have to keep on paying rent which the center needs to 16 finance the improvements the owner is making on the center now. He said 17 if no single tenant is found for all 9,377 square feet in six months, 18 the City would be limiting the revenue potential for the center. 19 . Commissioner Wagner said that wasn't what he was trying to do with his 20 motion, but he had felt impelled to word the motion in the manner he had 21 done because he perceived by allowing a different owner in the retail 22 space, the City would be establishing a warehouse use in the back which 23 the City Ordinance does not permit in a commercial zone. The 24 Commissioner said he thought the only reason the City Manager had 25 allowed the retail/warehouse/storage combination in 1987 had been 26 because the warehouse/storage operation had been so closely tied in 27 with the retail, which no longer operating. He confirmed for the 28 Chair's benefit that the purpose of his motion had been to give Mid- 29 America six months to look for the a _conforming tenant to sublease the 30 space for the two and a half years remaining on Mid-America's lease. 31 He indicated he expected that after the six months have elapsed and if " 32 no subtenant for both front and back is found, no operation of a 33 warehouse separate from the retail would be allowed because without the 34 retail the City would be allowing the continuance of a use which is not 35 allowed in a commercially zoned district. 36 Mr. Diessnire interjected that he wished he would have known that the 37 Commissioners were going to take action like that because he thought 38 they should realize just how serious the impact would be on his company. 39 The Attorney said he had not been present for the initial meetings 40 between Mr. Childs and Mid-America representatives, but during his and 41 Mr. Gammill's recent meeting with the City Manager before he left St. 42 Anthony, Mr. Childs had told them he did not view the delay in 43 enforcement as a problem as long as Mid-America was only asking for an 44 extension of the enforcement and not a variance or other change relating 45 to circumstances which are unique to Mid-America because of the 46 conditions under which the store had been operating since they went in 47 the center. . Mr. Diessnire reported Mr. Childs had never indicated to 6 •1 them that the original permission was tied to Mid-America being both 2 a retail and wholesale business. The Attorney told the Commissioners 3 the wholesale operation is geared for retail sales to Mid-America 4 membership only, similar to a Shopco operation and not really a 5 warehouse type of operation for which there would be many trucks running 6 back and forth. He said he could understand the Commission's concerns 7 about other types of warehouse operations which are very different from 8 what's now going on in the St. Anthony location. 9 Mr. Diessnire indicated Mid-America shared in the City's problems with 10 the owners waiting so long to fix up their shopping center, under which 11 his company "got trapped in a situation where the center is now doing 12 what they promised to do three years ago, but three years too late to 13 prevent the retail from having to be closed. " He said if the City did 14 what the Commission's motion suggested, it would be imposing severe 15 financial penalties on Mid-America. The Attorney then requested that 16 instead of proceeding with the motion in the form it had been made, 17 that staff contact Mr. Childs, who had structured this arrangement and 18 told the Mid-America representatives he wanted to follow through on that 19 original intent. Mr. Diessnire argued further that he could see no 20 more adverse effect on the public from having another user in the retail 21 portion of the store than had occurred when Mid-America had operated 22 . both front and back businesses without them even being aware of the 23 combination. 24 When Commissioner Wagner asked the Attorney whether he thought the City would have ever approved of an exclusive warehouse use in a retail 6 center, Mr. Diessnire replied "I would expect not. " The Commissioner 27 then told him he didn't think the City would be doing anything to Mid- 28 America except to enforce the ordinance and he perceived it would be 29 necessary to consult the City's Attorney before the Commission could 30 take action which would allow a warehouse operation in a commercial zone 31 and it should be up to him to decide whether the Mid-America operation 32 could be viewed as a quasi-retail operation as their attorney had 33 claimed. 34 The Chair then summarized the motion and asked for a vote. 35 Aye: Wagner, Brownell , Hansen. 36 Nay: Franzese, Madden, Werenicz. 37 Motion not carried. 38 Mr. Diessnire then requested he be allowed to propose a motion which 39 would recommend to the Council that enforcement of the ordinance would 40 be delayed until November 30, 1991 , under the condition that Mid-America 41 would exercise reasonable efforts ' to locate a tenant for the entire 42 facility would sublease the retail portion of the space which is not 43 being used now. Mid-America would also agree to stay in the portion 44 they are now using and to pay rent for that space through the end of 45 their lease. 7 1 Commissioner Hansen said if the Commission kept the original motion, 2 there would have been nothing to prevent Mid-America from requesting a 3 further extension if after six months, the Commission perceived they had 4 made a good faith effort to find a tenant for the entire space. He said 5 he perceived that the City wasn't foreclosing on the issue altogether 6 but was instead asking Mid-America to do everything they could in six 7 months and then to return for further action from the Commission or 8 Council based on their possible inability to find an acceptable tenant 9 for the space. 10 Commissioner Franzese said she perceived a strong belief of the 11 Commission that the issue should be held over for at least six months 12 and made the following: 13 Motion by Franzese, seconded by Werenicz to delay enforcement of the 14 conditions imposed on the Mid-America Cheese Store for six months during 15 which the company would make reasonable efforts to find a subtenant for 16 the entire premises at 2912 Pentagon Drive and if unsuccessful in 17 finding that subtenant would have to return to attempt to work out 18 another agreement with the City. 19 Motion carried unanimously. 20 Ms. VanderHeyden indicated she would in the meantime be rechecking with 21 Mr. Childs to clarify whether he had meant to allow the combination only 22 because it was for the same operator or whether he thought the 23 enforcement should be delayed no matter who operated the front or back. 24 Mr. Diessnire said the way he understood the motion was that the 25 Commission was recommending -Mid-America be given six months to see how 26 they perform and within that six months the company would either be 27 coming back to the City to report they could find no subtenants for the 28 entire facility or if they found a subtenant for the retail only, to 29 request a delay of enforcement based on a combination of that subtenant 30 and continuance of Mid-America's wholesale operation. Commissioner 31 Wagner concurred with that understanding, saying that the City in the 32 meantime could be consulting its own attorney to determine whether the 33 City Ordinance could allow the latter. 34 Mr. Johnson reminded the Commissioners that the Coast to Coast store 35 would be having its grand opening at 9:00 a.M. the following morning. 36 He indicated business at the hardware store had been very good even 37 without advertising. The center manager also reported a grand 38 reopening of the shopping center was planned for at which time the 39 center owners' New York representatives would be present. These 40 ceremonies would be followed by a big sales promotion sponsored by the 41 owners. 42 Mr. Johnson reported the other activities the center anticipated once 43 the new signage is up, which included repainting all the store fronts 44 and the canopy support columns. The Center Manager replied to 45 Commissioner Wagner's questions related to existing signs on the back 8 •1 of the center buildings by indicating he thought the agreement with the 2 City called for the removal of all signage except that which was being 3 installed over the store fronts. Door identification would probably 4 remain, but Mr. Johnson requested staff write him a letter indicating 5 any of the signs in that area which the City considered problematic so 6 he could show them to the tenants when he asked them to remove that 7 signage. 8 The discussion of the Cheese Store was resumed with Commissioner Wagner 9 telling Mr. Johnson he perceived neither the center nor the City wanted 10 warehousing in the center. The Center Manager said if the City allowed 11 a different retail business in front of the store until Mid-America's 12 lease expired, that store owner should understand that he or she had the 13 option of relocating in the center if a subtenant could be found for the 14 entire space. 15 .Commission Recommends Temporary Trailer and Additional Temporary Rental 16 Signs be Allowed LangfNelson 17 Specifics of the above requests had been given in the Public Works 18 Director's May 12th memorandum to which he had attached a copy of the 19 May 12th letter from the Lang/Nelson property manager who had sketched 20 in the proposed trailer placement location. The agenda packet also 21 included a prototype of Gelco Space's 12 by 44 foot trailer. 22 Ms. VanderHeyden recalled the problems the City had with getting the 03 Kenzington sales trailer removed and noted that Lang/Nelson had included 4 a start and end date for use of the trailer. She indicated the 25 additional directional rental sign the developers are requesting would 26 be located north of the City fire station on the corner of the vacant 27 restaurant property at where it can be seen from Kenzie Terrace, St. 28 Anthony Boulevard, and Silver Lake Road. 29 Paul Brewer of Lang/Nelson was present and told the Commissioners: . 30 -the proposed sign copy would contain only an arrow pointing -towards 31 the apartment development as well as the project. name; 32 -all other necessary information regarding the project like telephone 33 numbers, etc. , would be carried on the sign on the property; 34 -this directional sign would be professionally constructed of plywood 35 and color coordinated with the other sign; 36 -the developers have an agreement with the owners of the vacant 37 restaurant property which calls for. removal of the sign should the 38 property be leased before May 1 , 1990 the date the developers would 39 like to keep the sign up until ; 40 *the developers hope to have the first Autumnwoods apartment building 41 ready for occupancy by September or October, 1989; the second building is the senior building which, although it would probably be up by 9 1 January or February, 1990, because of the hesitancy of its occupants • 2 to move in winter would probably not be occupied until May 1 , 1990; 3 the second market rate building should come on line shortly 4 thereafter in June; 5 -the construction trailer which is on the site now wwill be located 6 on the Lowry side of the .property next to the third building. 7 Planning Commission Recommendation 8 Motion by Hansen, seconded by Wagner .to recommend the Council grant the 9 requests from Lang/Nelson to erect: 10 1. The proposed temporary trailer on the construction site to be used as 11 a rental office as requested from June 1 , 1989 to September 28, 1989. 12 2. The proposed directional sign not to exceed 4 feet by 8 feet in the 13 location requested on the vacant restaurant property for a period not 14 to exceed May 1, 1990 subject to staff review of maintenance and 15 upkeep of the sign and assurance that a sign in that location won't 16 obstruct traffic. 17 . The Commission makes these recommendations finding the requests meet all 18 City Zoning Ordinances and requirements of the City's Sign Codes. 19 Motion carried unanimously. • 20 ADJOURNMENT 21 Motion by Brownell, seconded by Hansen to adjourn the Planning 22 Commission at 9:20 P.M. 23 Motion carried unanimously. r 24 Respectfully submitted, 25 Helen Crowe, Secretary 26 :cjk 27 10 . ai®RE 'heO7 y a PPROVAI, : DATE z `4 June 16 1989 TO - Planning Commission Members FROM Sue VanderHeyden, Acting City Manager 2 TEM : NATIONWIDE SEWING AND VACUUM, 2922 PENTAGON DRIVE - SIGN VARIANCE REQUEST Nationwide -Sewing and Vacuum is requesting a sign variance tore-.erect._ a 45.5 square foot second sign ( "ORECK XL" ) on the south side of the Nationwide Sewing and Vacuum store located in the St. Anthony Shopping Center, 2922 Pentagon Drive. The existing store front sign for Nationwide Sewing and Vacuum store is 58.5 square feet with the additional proposed sign of 45. 5 square feet, the total signage for the store would be 104 square feet. The total signage would be over the 90 square feet allowed by the ordinance for a 45 foot wide business storefront. In addition, previous Commission and Council action from January, 1989, should be taken into consideration. The plan required that all existing Shopping Center signage be removed and new signage be placed only in accordance with the approved signage plan. Therefore, a second sign would require a variance. :cjk6. 20.89 Date: i 2 Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant- r;ATIGP-'.VACE SEV.I�.G. & VACUUV Phone: 732-9487 Address• 2922 PU TAGGN DP. �iE ST AF TFiCJ-:Y VILLAGE CENTER Status of applicant (owner, buyer, renter, agent, etc. ) : FEITEF' Street address and/or legal description of property petitioned for variance: Zoning district in which property is located: Request: PEP''ISSIGF: RE-ERECT '10RECK XL" SIGh-< C�: SOUTH SICE GF STC;F.E FCF! VACUUh1S .-TACF' VARIANCE PREVIOUSLY CIVEP: 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. YES 2) A particular Hardship to the applicant would result if the strict letter of the regulations are adhered to. YES 3 ) The. conditions upon which the applications for a variance is based are unique to the parcel' of land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. YES Signature •f applicant: 7 • • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST 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, June 20, 1989 at 7 :50 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 Nationwide Sewing & Vacuum, 2922 Pentagon Drive for a sign variance to erect "ORECK XL" sign on the south side of the Nationwide Sewing and Vacuum store located in the St. Anthony Shopping Center. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: Bulletin, June 7, 1989 • MAILING LIST - 2922 PENTAGON 5/89 • EBERHARDT R. T. JOHNSON MEATS J. R. BONA 3250 W. 66th Street 2810 Kenzie Terrace 5236 Horizon Drive P.O. Box 1385 St. Anthony, MN 55418 Fridley, MN 55421 Minneapolis, MN 55440 Re: 2812-27th Ave. N.E. 2801 Kenzie META Partnership c/o Gustafson & Tyson Young Quinlan Building 81 South 9th Street Minneapolis, MN 55402 • i C l CO Lm Ca �l 1 Conditional Use Permit Granted for New Slick's Alternative Location in 2 Apache 3 Commission Recommendation 4 Chair Madden reiterated the testimony taken during the Commission 5 hearing, including staff's report that the lounge had posed no problems 6 for the City during the five years it was located in the St. Anthony 7 Village Shopping Center from which it was being relocated because that 8 property was being redeveloped for an apartment complex. He also 9 pointed out that the hours of operation had already been established by 10 Ordinance which required the establishment be closed from 1:00 to 6:00 11 A.M. 12 The permit applicants, Bob and Diane Slick, were the only persons 13 present to discuss the issue. Mr. Slick told the Councilmembers he 14 hoped to open the new lounge by March 3rd. Mrs. Slick indicated they 15 would only be able to add 10 or 12 more tables to this establishment 16 than they had at the previous location because the bathrooms in the 17 Apache lounge were so much larger. 18 Council Action *9 Notion by Narks, seconded by Enrooth to grant the conditional use permit 20 requested by Diane and Robert Slick to operate the proposed non- 21 alcoholic lounge at 2450 - 38th Avenue N.E. , finding as did the 22 Planning Commission, that: 3 1. The questions statutorily required to be answered in the affirmative 14 had been answered properly in the application. 25 2. There were no calls either for or against the permit prior to or after 26 the January 17th hearing and no one had appeared at either that 27 hearing or the Council's January 24th consideration to speak against 28 the permit. 29 3. Parking is in conformance with code requirements and the Fire Marshal 30 will be checking out the establishment to assure that all fire codes 31 are met. 32 4. This establishment is perceived to have provided a positive 33 contribution to the community inasmuch as the operation has been 34 successfully managed without problems for the City for over five years 35 and at the same time offered a recreational alternative to the City's 36 liquor operation. 37 Motion carried unanimously. J 38 Council Welcomes St Anthony Shopping Center Improvements and Grants 39 Variance for Tenant Directory at Kenzie Terrace Entrance 5 • I Chair Madden summarized the minutes, reporting the unanimous Planning 2 Commission recommendation that the Council approve the uniform signage 3 plan and sign criteria proposed by the center owners to include the new 4 pylon center sign and grant the variance the ordinance requires for the 5 proposed tenant directory at the Kenzie Terrace entrance to the Center. 6 He said the pylon and directory would have the same characteristics as 7 the tenant sign lettering on the store front canopy fascia and their 8 total signage would be well below the square footage the City Ordinance 9 allows one center sign. 10 The Commission representative indicated the Commission recognized the 11 need to give those tenants who might not have ready funds to cover the 12 costs of the new signs a few months after the sign band is up to install 13 temporary canvas lettering until they purchase permanent signage. 14 Commissioner Madden noted the omission of building wall signs from those 15 which would have to be removed after the sign band is up, saying the 16 Commission perceived that signage as well as all under hanging signs 17 should come down as soon as the new sign band is up. After he had 18 explained the reasoning behind the time limit on the variance, the 19 Commission Chair told the Councilmembers the Commissioners had all been 20 very pleased to see these improvements to the center being made and 21 hoped the project would be completed as soon as possible. 2 Rodney Johnson, Eberhardt Property Manager, indicated he had no problem 3 with the removal of the existing building wall signs. He reported his 24 company was negotiating the lease language with the Coast to Coast 25 Hardware Store to become the center anchor and was reassured that the 26 City would consider both the corporate name and logo as one sign for 27 that business. 28 Mayor Sundland told Mr. Johnson the Council had been presented the same 29 photos of the Dallas shopping center signage which was to be the 30 prototype for the Village center by Mr. DiSanto during a meeting earlier 31 in the year. The Mayor also told him the Council would be continuing 32 to encourage the improvement of the shopping center and perceived the 33 plans presented that evening as certainly a step in the right direction. 34 Council Action 35 Motion by Ranallo, seconded by Makowske to grant a variance from the 36 City's Sign ordinance to the Eberhardt Co. on behalf of the St. Anthony 37 Shopping Center for a 6 foot, 6 inch by 6 foot, 1 inch (total 39 . 6 38 square feet) tenant directory sign to be mounted on the northwest wall 39 of the former Brown-Photo location facing Kenzie Terrace as shown in the 40 drawing in the Planning Commission's January .17th and Council's January 41 24th agenda packets. 42 Included in the variance would be: . 43 1. The allowance of the new 260 foot pylon sign for the center also 044 included in the agenda packet which would be 40 square feet below the 45 maximum allowed size, and 6 1 2. Signage criteria for the center tenants which will be used in 2 conjunction with the new sign band for the building which would allow 3 only individual lettering and has limits on the size and number of 4 signs. 5 The Council also accepts the Planning Commission recommendation that the 6 following conditions be imposed on the granting of this variance: 7 a. The temporary canvas lettering proposed to be put up when the sign 8 band is installed on the fascia sometime around April 1, 1989 to 9 identify those tenants who have not yet signed up for permanent 10 signage would be allowed to remain on the sign band only three months 11 after completion of the band. 12 b. All current signage on the building fascia including wall and 13 underhanging signs will have to be removed with the installation of 14 the - new -sign band. 15 c. All sign lighting except that on the pylon sign and the tenant 16 directory will have to be turned off at midnight. 17 d. The variance is valid for a period of 24 months from date of approval 18 after which time it becomes invalid if the project is not started. *19 In granting this variance the Council finds, as did the Planning 20 Commission, the following special circumstances support the variance 21 request: .2 1) The shopping center fronts on both Highway 88 and Kenzie Terrace, but 23 no identification of the center or its tenants is currently available 24 on Kenzie Terrace. 25 2) The center buildings have their backs on Kenzie Terrace, further 26 screening their visibility. 27 3) The 39 .6 square foot directory when coupled with the 260 square foot 28 pylon sign is still less than the center would be allowed if there 29 were . a pylon sign only. 30 4) No calls either for or against the variance were received by staff 31 prior to the hearing and there were no expressions of opposition 32 during the hearing. 33 5) The three conditions required be met have been met in this request. 34 The Council joins the Planning Commission in commending the owners for 35 making .these long overdue improvements to the St. Anthony Shopping 6,37 36 Center... Motion carried unanimously. 7 signgraphics ST. ANTHONY SHOPPING CENTER SIGN CRITERIA General-The Sign Criteria as set forth herein, shall govern all outdoor signage to be used or displayed by the Tenants of "St. Anthony Shopping Center." This will insure quality signing throughout the Center, while maintaining pleasing architectural standards and fairness to all tenants. Consideration will be given to allowing maximum flexibility of sign designs, individuality and creativity within the limits described below: Sign Criteria/Specifications-All Tenant signs must be designed, fabricated and installed to comply with the following criteria and specifications: 1. All Tenant signs must be individually illuminated neon channel letters with plastic translucent faces. Painted faces are not acceptable. 2. Signs shall be limited to the wording necessary to describe the business trade name and/or logo, or logo type. Type styles will not be restricted, providing that they are legible, or within the size limitations described below and meet the Lessor's approval. 3. Tenants will be allowed one sign per storefront elevation. Elevations exceeding 60 linear feet may have a second sign, also subject to Lessor's approval. 4. Unless unusual circumstances warrant special permission, from the Lessor, the signs shall be limited to a single line, the total width of which shall not exceed 80% of the Tenant's store front width. The letters must be of a style and size that no part of the letter will extend more than 6" above, or below the SGR-8961 attachment channels embedded in the fascia (see €6 below for a description of those attachments) . a. Letter Channels (returns)-All letter returns shall be formed from aluminum in minimum thickness of .040 inches. Depth of channels shall be 5- 1/4". All interior surfaces must have a splash coat of white for reflective purposes. Outside color will be D-99 White. b. Letter Backs-Letter backs are to be made of aluminum of the same or greater thickness as that of the letter channels. Armorply, plymetal, foam, styrene, or any other inflammable material shall not be used under any circumstances. c. Letter Faces-All letter faces are to be pigmented plexiglas, or equal acrylic sheets with a minimum thickness of .125 inches. d. Face Retainer-All letter faces must be attached to the letter channels • using trim cap material, (1 inch) trim color gold. SIGNGRAPNICS• ■ 10011 MILLER ROAD • P.O.BOX 38888 ■ DALLAS.TEXAS 75238 214/U9-3171 • 6. INSTALLATION a. There are 3 rows of SGR-8961 extruded aluminum channels embedded in the background, 13" inches center to center running the full length of the sign area. b. The letters are to be attached to those channels using SGR-8960 snap- in clips furnished by the sign contractor. (Except for the letter I, all letters shall have a minimum of three clips, although more clips may be required, depending upon the size of the letter.) c. No letter attachment holes through the- SGR-8961 channels and no welding to those channels will be permitted. 7. ELECTRICAL REQUIREMENTS a. Letter shall be internally illuminated with neon tubing, 15 MM, or 13MM using 30 MA transformers. b. The required transformers shall be mounted on the back side of the fascia directly behind the letter and housed in a sheet metal box 0" X 7" X 18". The secondary -wiring (GTO-15) running from the transformer to a letter will be contained in 1/2 OD flexible vinyl • tubing with no less than .060 inch wall thickness. That tubing shall be mechanically fastened to both the transformer box and the back of the letter track, by the use of Thomas and Betts 3/8 inch squeeze type connector #253, or equal. C. No holes shall be drilled in the SGR-8961 channel for any purpose except for running secondary wiring from the letter to the transformer. Those holes shall be 7/8 inches in diameter in order that, at a later date, they may be plugged with a standard snapin blank for 1/2 inch knock outs, Appleton #S50 or equal. e. NO PENETRATIONS OF ATTACHMENTS IN THE FINISHED FASCIA SURFACE WILL BE PERMITTED UNDER ANY CIRCUMSTANCES. 8. APPROVAL Tenant shall submit two (2) drawings to the Lessor for written approval, prior to the fabrication of any sign. Lessor -must also .approve Tenant's Sign Contractor as having previously met the criteria for performing acceptable job standards over a period of not less than three years to assure compliance with our specifications. Any construction accomplished by the Tenant or Sign Contractor, without having the Lessor's written approval and not in compliance with these specifications will be done at the Tenant's own risk. Tenants are free to select. any Sign Contractor they choose, subject to Lessor's approval. Lessor suggests that Tenants • select Sign Contractors willing to give acceptable warranties on their work. 1. Ail returns on letters will be painted with D-99 2. Trim cap will be 1" gold. 3. The acrylic face color of all letter shall be one of the following: A. Red Rhom & Haas Plexiglas 2415 B. Blue IN is 2151 C. Green " to 2030 D. Orange " 2119 4. Special clips manufactured by Signgraphics will be used to mount letters standard No. SGR-8960. • • _ j i t i .4 • .......... A4 C- 4 /� /3o.v/PG f�rL-Q Grp AS yA�T r {i d 4� �; rJr4 Ni 1 F Ni i 7 y fly.,:`. ain thou ills e DATE : APPROVAL : June 16, 1989 TO : Planning Commission Members FROM : Sue VanderHe den Acting City Manager 31 TEM : SALVATION ARMY, 2950 W. COUNTY ROAD E, SIGN VARIANCE REQUEST The Salvation Army is requesting a variance to place a 64 square foot ground surface sign identifying the--entrance to Silver Lake Camp. The proposed sign would replace the existing sign (the sign surface area being 64 square feet with an actual overall sign height of 16 feet) located at the southeast corner of Silver Lake Road and County Road E. Section 430:40, Subdivision 6, Grounds Signs, requires that a ground hugging sign not exceed 5 feet in height unless the sign is landscaped at 1 .5 times the sign surface area: If done in accordance with this ordinance, the sign will be allowed a maximum height of 8 feet. The proposed sign is 8 X 8 (64 square feet) with the actual signage area being 6.6 X 6. 25 (41. 25 square feet) . The proposed landscaping plan for the signage allows for 70 square feet of landscaping. The required landscaping square footage in this case is 61.87 square feet, therefore the proposed landscaping would fulfill the requirements of the ordinance for a sign 8 feet in height. The proposed sign surface area is in excess of the allowed 20 square feet (41.25 square feet is proposed) . Therefore, a variance is necessary. The sign surface area is the same as the existing sign, though it will be ground hugging, landscaped appropriately and an improvement. In addition, the proposed sign will be aesthetically pleasing in that it will be in keeping with the surrounding natural atmosphere and an important identification sign for the Silver Lake Camp. :cjk6. 20.89 • Date: Fee: $25.00 CITY OF ST. ANTHONY _ PETITION FOR SIGN VARIANCE Applicant* {(ry��?_ LA"Ic(_ CA?-1p Phone: (D(I- _2 EV Y -/ Address. ��� �� �► N-�t �L �m E r��N'���,4(bti, rlN �"�{ L� Status of applicant (owner, buyer, renter, agent, etc. ) : t �,'`►�'t7C Street address and/or legal description of property petitioned for variance: a9(M lN' iQ;.,671 Iw°D - SE ccK�.;�,r 3«.;cY LAXf �?,7 r�N,� CG�� roc Zoning district in which property is located: Request: A(-II-• U" 'j-1wrp Cr.-ek' '=7= S?(14 /�(T :tik_1lMi�'ylY C D:�•3w��'c I • 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. AC tU. M►'Pc��'c�f=b i - /NC C Llm-ofc4 ln'C . G N/ ,4S ff��rl l�7CrSiiri�SiG,� j�'i�� tlE A eD. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. �[1�L�<rv✓ %!��Zy' /�'�'7c�itE: ;L S%6� - ti4:2�C7,7 71' fl`�Iti'i�>,.,� i�f� SeM 6ucrr /t' -rQI D,4CZj«:J .N Z' /-WP. 3 ) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not- applicable, generally, to other property within the same land- use classification. a T sf "liE Signature of applicant: iz G' 6�1 y r=trc !� f�lZ yT�c �-�Xf 7 l7A k= PV'-ST "zG CT" • , (��9�'k��r S�6 rt - `� X � - l G f/�`7 6 ri? c L'r c c /3� �'�•/'�.4-r t� _ � - u * 2 5 . 00 • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE REQUEST 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, June 20, 1989 at 8: 45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from the Salvation Army for a sign variance to place a 64 square foot ground surface sign identifying the entrance to the Silver Lake Camp. The sign would be located at the southeast corner of Silver Lake Road and County Road "E" . 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 Acting City Manager, 789-8881. • Susan L. VanderHeyden Acting City Manager Publish: Bulletin, June 7, 1989 I • SALVATION ARMY MAILING LIST 6/89 i City of New Brighton Frank Bracchi Anthony Zahhos Planning Department 2923 Silver Lake Court 2919 Silver Lake Court 803-5th Ave. N.W. St. Anthony, MN 55421 St. Anthony, MN 55421 New Brighton, MN 55112 i -�,Jo mm AwrIVYA Air r4 k2i C7 �..NOI..IYI.MOO �l'Ql�'1 7WYN NGISSIWY147 HV—U IYV -As on3donmo ........... ::::::.... ... ..FAQ�1 SAY NM�IYO •.•:Sr: •� N i �01s1ASY s1VO O .}:f:}::} of f -ashes/sltl0 ..••.. �I��ddd 141HO}? 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ANTHONY CITY COUNCIL MINUTES 3 MAY 9, 1989 4 The meeting was called to order at 7:30 P.M. with the Pledge of 5 Allegiance led by Mayor Sundland. 6 ROLL CALL 7 Present: Marks, Ranallo, Sundland, Enrooth, Makowske. 8 Also present: Sue VanderHeyden, Acting City Manager. 9 APRIL 25, 1989 BOARD OF REVIEW CONTINUATION 10 Motion by Marks, seconded by Enrooth to approve as presented. 11 Notion carried unanimously. 12 APRIL 25, 1989 COUNCIL NINUTES 13 Motion by Makowske, seconded by Marks to approve with the following Wchanges: 15 Page 1, line 19: Insert "EXECUTIVE SESSION" before "MINUTES" . 16 Page 6, line 28: Substitute "resident data" for "membership form" . 17 Page 13 , line 23 : Substitute "an" for "on" before "April 21st" . 18 Page 14, line 18: Substitute "Stonehouse" for "SAV I" before "sign" . 19 Page 15, line 14: Capitalize "Apache" . 20 Notion carried unanimously. 21 LICENSESfPERNITSfPETITIONS 22 Motion by Marks, seconded by Enrooth to grant the following contractors 23 licenses as listed in the May 9, 1989 agenda packet: 24 •Nordquist Sign Co. , Minneapolis, MN (renewal) 25 -Superior Roofing, Minneapolis, MN 26 -Able Fence, Inc. , St. Paul, MN (renewal) 27 Motion carried unanimously. 28 Motion by Enrooth, seconded by Ranallo to grant a temporary beer permit 29 to Dennis N. Fagerlee, 3407 Croft Drive N.E. , for his family's annual 30 reunion in Central Park on June 4, 1989. 4 �1 Voting on the motion: � 4 1 Aye: Enrooth, Ranallo, Sundland, Makowske. 2 Nay: Marks. 3 Motion carried. 4 CLAIMS 5 Motion by Ranallo, seconded by Sundland to approve payment of- $1,435.00 6 to Motorola, Inc. for the City Fire Department. 7 Motion carried unanimously. 8 Motion by Makowske, seconded by Marks to approve payment of $400.00 to 9 Val-Pro for installation of a window in the St. Anthony Fire Station.. 10 Motion carried unanimously, 11 Motion by Marks, seconded by Makowske to approve payment of $3 ,240.00 12 to Calgon Carbon Corporation for April services on the City's carbon 13 filtration facilities. 14 Motion carried unanimously. 15 Motion by Marks, seconded by Makowske to approve payment of $1,057.00 16 to Short-Elliott-Hendrickson, Inc. for supervisory services on the Foss 17 Road Lift Station Project for the period from February 19 through March 18 18, 1989.. 19 Motion carried unanimously. 20 Motion by Enrooth, seconded 'by Ranallo to approve payment of $2,400.00 21 to the Hance and LeVahn law firm for legal services rendered for the 22 month of May, 1989 relative to St. Anthony prosecutions. 23 Motion carried unanimously. 24 Motion by Makowske, seconded by Marks to approve payment of $1, 319.80 25 to the Dorsey & -Whitney law firm for legal services rendered to the City 26 during March, 1989. 27 Notion -carried unanimously. 28 REPORTS 29 COUNCIL 30 Outside Parking Problems at Kenzington to Receive Council Attention 31 Councilmember Makowske explained that the 15 Kenzington residents were 32 present that evening to seek Council help in making the building owners 33 keep the promises they had made related to the provision of overflow .34 parking for condominium residents with more than one vehicle as well as 2 • 1 guests who visit the building residents. She said the group's 02 spokesperson, Jean Krajna, had phoned her several times to report the 3 lack of parking . space outside the building and failure to get any 4 response from either the META Partnership or their building manager to 5 residents' requests for more parking spaces in accordance with the 6 promises regarding overflow parking reached with the City during the 7 Redevelopers Agreement negotiations. 8 Residents' Testimony 9 Ms. Krajna reported that: 10 -Most of the residents present that evening had purchased their units 11 before the building was erected but had been assured by the building 12 owners at the time they signed their purchase agreements that even if 13 they had more than one vehicle and 142 spaces within the building and 14 15 outside were not sufficient to meet their parking needs, parking 15 would never be a problem because META owned the vacant lot next door 16 and planned to construct a medical/professional office building there 17 which would always have parking space available for the Kenzington 18 residents and their guests. 19 -The office building had never materialized and the lot is not paved, 20 ' making parking there was almost impossible. 21 -This left a 150 unit building with only 142 parking spaces inside and 22 12 rather than the promised 15 spaces in front of the building which 03 are utilized most of the time by Kenzington employees and the service 4 and sales persons who come to the building. 25 •In any event, the manager the META Partnership had hired, had now v, 26 informed her that she could not park the extra vehicle she owns 27 outside the building and "it was up to her to find her own parking." 28 -The building owners were so anxious to fill the building up they are 29 renting the 97 unsold units to couples who both work and both have 30 cars, leaving the condominium owners with no place for guests to park 31 because no parking is permitted on the street and with the apartments 32 going up across Kenzie Terrace, parking is no longer available..in what 33 was an empty shopping center when the Kenzington residents first moved 34 in. 35 -There have been rumors that the Partnership is going to sell the 36 vacant lot, which would leave the Kenzington residents with no hope 37 at all of having parking available for their extra vehicles or guests 38 without some sort of written agreement from the building owners. 39 Ms. Krajna read the portion of the condominium by-laws which made 40 reference to an Overflow Agreement which stipulated "residents might 41 have to pay $10.00 a month extra to use outside parking spaces". She 42 said her attempts to' get a copy of that document or any other response 3 1 from the Partnership or their attorney, Tyson and Gunderson, had been 2 unsuccessful. • 3 George Mitchell, President of the Kenzington Homeowners Association, 4 questioned whether the building owners shouldn't have been legally 5 required to provide adequate parking for the building residents and 6 their guests and asked whether the Council had taken this potential 7 problem into consideration during their negotiations with the META 8 Partnership. 9 The recollection was that the Redevelopers Agreement with META 10 Partnership called for only 142 parking spaces inside but the developers 11 had indicated that if more were needed, there was a possibility that 12 eight more could be obtained by downsizing some of the stalls for 13 compact cars. Mayor Sundland also recalled that when the question was 14 raised about residents having more than one car, the developers had 15 indicated that would be rare for a project like the Kenzington where 16 most residents would be retired and a good many would have no vehicles 17 at all. 18 The Mayor then read aloud the letter Larry Hamer, the Public Works 19 Director, had written to the META Partnership on May 8th recalling that 20 when the final plans for the Kenzington had been approved, the 21' Partnership had indicated excess parking would be provided in the 22 parking lot of the medical/professional building the developers proposed 23 to erect in the vacant lot the City had helped them purchase for that 24 purpose next to the Kenzington. Mr. Hamer's letter had also advised 25 the property owners that Section 12 of the City Zoning Ordinance 26 requires them to asphalt or concrete surface the area if excess parking 27 is to be provided on the lot for Kenzington residents. He had also 28 pointed out other maintenance requirements which must be met if 29 construction of the proposed building is delayed any further. Mr. 30 Hamer referred to the requirement in the final plan for 15 rather than 31 12 parking spaces in front of the building and requested discussions of 32 a solution with the Partnership. 33 Copies of Mr. Hamer's letter had been provided Councilmembers before the 34 meeting and copies were also passed out to all present during the 35 discussions. Evelyn Hedberg, another Kenzington owner, told the 36 Councilmembers she and other residents are unable to invite anyone to 37 visit them because there is no longer any place for visitors to park 38 except in sand or mud in the vacant lot. She said the same was true of 39 residents who have more than one car. 40 Councilmember Makowske commented that the Council had never envisioned 41 those units having to be rented out and had therefore based parking 42 requirements on similar projects they had looked at three .or four years 43 ago which had unused parking spaces because of the average age of the 44 residents, many of whom are singles or owned no vehicles at all. She 45 perceived the situation at the Kenzington to be very unusual when 46 'compared to similar condominium projects in the surrounding area. 4 J' 1 Councilmember Ranallo agreed, saying the Council expected no problem 2 with parking with a building next door owned by the same partnership who had promised there would be plenty of parking available for Kenzington 4 residents' use after the offices closed evenings and weekends. He also 5 remembered that the developers had even asked permission to erect a six 6 foot fence along the back of their property against which their staff 7 and people servicing the building could park their vehicles, leaving 15 8 parking spaces in front to be used for resident overflow parking if 9 needed. 10 The Councilmember reminded the residents that negotiations with numerous 11 developers for that project had gone as far back as nine or ten years 12 and involved many modifications of the original plans before the 13 building was finally constructed. He said he perceived it would be 14 necessary to research copies of minutes of meetings which preceded 15 acceptance of the final plans for the building so the Council would be 16 better prepared to discuss the parking problems in the future. 17 Council Warned About Potential Collapse of Garage Floor 18 Ms. Krajna and Mr. Mitchell then reported leakage between the first and 19 second floors of the garage which they believed had resulted from 20 deficient installation of seal coating on the floor surfaces. They said 21 they had copies of letters from the contractor in which Kraus Anderson 22 had admitted the defects and referred to litigation between' the META 23 Partnership and the contractors over those defects. The Kenzington 24 residents indicated they would be furnishing the City with copies of all pertinent correspondence they had in their possession. They also indicated they thought the City should . be made aware that there was a 27 potential collapse of the second floor garage floor similar to those 28 which had occurred at several parking ramps in downtown Minneapolis. 29 Mr. Mitchell added that in view of other problems with defective windows 30 and heating in. the garage area and inadequate plumbing on the first and 31 second condominium floors which had resulted in leakage problems between 32 floors, he didn't believe the inspection of the building had been 33 adequate. 34 Mayor Sundland told him the City usually has state inspection on 35 projects like the Kenzington. He also said he agreed that it was very 36 important for the Council to know just exactly what the developers had 37 . agreed to related to the provision of parking for Kenzington residents 38 on the vacant lot just in case the owners decide to sell the property 39 to another developer who would have no responsibility for providing 40 parking arrangements for Kenzington residents. The Mayor indicated the 41 purpose of Mr. Hamer's letter had been to get the vacant _lot owners to 42 at least blacktop a portion of the lot for Kenzington resident parking ,43 with the assumption that such a surface would be the easiest to remove 44 when the lot is developed. 45 Ms. Hedberg insisted the Kenzington residents needed 24 hour parking 46 availability because part time parking would never solve the condominium • 5 I owners problems now that more vehicles than had been originally 2 anticipated had resulted from the building owners renting unsold units 3 to people with more than one vehicle "who, in all probability, would 4 never exercise their options to purchase those units" . The condominium 5 owners said management had even rented three garage stalls to one of the 6 renters who had three cars which, with all the other renters who have 7 more than one vehicle, had resulted in fewer garage stalls for 150 8 units. She questioned whether the Council had ever seen a condominium 9 . project like the Kenzington which had no outside parking available to 10 its residents. However, she also had to concede that when the owners it had first bought their units, they had decided to include only one 12 parking stall in the purchase because they also believed the 13 developer's assurances that adequate parking would always be made 14 available outside the building. 15 Ms. Hedberg asked the Council to consider how frustrating it must be for 16 Kenzington owners like herself and her husband "who had spent so much 17 money to purchase a home in which they intend to spend the rest of their 18 days only to find out they can't even entertain or have people drop in 19 after church because there's no place for their guests to park." The 20 resident concluded by saying that the Kenzington owners perceived the 21 need to have a parking agreement in writing "based on what has gone on 22 since we purchased our homes, none of the owners have any faith in 23 ' either the META Partnership's or their manager's promises. " 24 Ms. Krajna confirmed that the developers had verbally promised her that 25 there would be overflow parking space available for her or her guests' • 26 use. 27 Councilmember Ranallo said hopefully, the minutes would report that the 28 same promises had been made to the Council. 29 Mr. Mitchell agreed to furnish staff with copies of his correspondence 30 with META in which he had been told "it was up to the condominium 31 owners to find their own parking. " Ms. Krajna said she would do the 32 same with the letters she had. written to META and their attorneys. She 33 added that in spite of problems with garage heating, windows and 34 leaking between floors, in addition to plumbing problems in the 35 building, she continued to think "the Kenzington was a nice building and 36 liked the area very much. " Ms. Krajna said she thought it was very 37 unfortunate that the owners were refusing to honestly discuss their 38 problems with the residents and perceived the Council was the residents' 39 last hope for solving their parking problems. 40 Mr. Mitchell thanked the Councilmembers for their courteous response to 41 the Kenzington residents' concerns. Councilmember Marks told him it 42 was a real disappointment for him personally to learn that a project 43 which the Council had worked so hard on for years was now causing so. 44 many .problems for its occupants. 45 Staff to Look Into Shared Ride Program With Columbia Heights and 46 Roseville's Busmobile 6 1 Ms. Krajna indicated the Kenzington residents had asked that she also 102 discuss with the Council the possibility of St. Anthony participating 3 in a yellow cab shared ride program with Columbia Heights under which 4 children under 12 ride for 50 cents and seniors over 65 are able to ride 5 anywhere within the participating cities for $1.00. She reported users 6 purchase tickets for shared rides in Columbia Heights at the City Hall. 7 The Kenzington spokesperson said she perceived there should be good 8 market for the program in St. Anthony among the seniors who would be 9 going into the Autumnwood Apartments across Kenzie and the rest of the 10 senior population living elsewhere in the City who appear to -be on the it increase. Ms. Krajna presented the brochures she had on both programs 12 to the Mayor commenting that she thought having such services for 13 seniors might attract more residents to St. Anthony. 14 Ms. VanderHeyden was requested to contact the person in charge of the 15 program in Columbia Heights for further information regarding how much 16 the program costs. Mayor Sundland reported he understood the former 17 City Manager had researched grant possibilities for the busmobile .and 18 found none available at this time. 19 Kenzington Problems with Recycling 20 The Association President initiated the above discussion by asking what 21 suggestions the Council had for disposing of all the paper the 22 Kenzington residents had diligently collected for recycling now that it 4W4had become obvious that the market for such materials had disappeared. Councilmember Enrooth, who serves as Council liaison with the City's 25 Recycling Task Force, told him it was only because recycling had been 26 so successful that the .problems with disposing of newsprint had arisen. 27 He said there are still markets for glass and aluminum recyclables but 28 there has to be further research done on how paper products can , be 29 recycled. The Councilmember reported the proposed recycling ordinance 30 for St. Anthony was scheduled for hearings before the Council in June 31 after a recycling program would hopefully be underway this fall. 32 Councilmember Marks observed the irony of having the federal government 33 spend $5,000,000.00 in subsidies for cutting down trees for paper 34 products which are now a glut on the. market. 35 Councilmember Ranallo commented that the Council had been criticized by 36 some residents for not getting the recycling program started sooner, but 37 he now perceived those delays had probably saved the City from the 38 problem of getting rid of the paper. 39 Rick Lundeen, a City Fire Reserve and member of the VillageFest 40 Committee who was present to discuss lighting for this event, joined the 41 discussion by reporting the printing firm he works with is in danger 42 of going out of business because of its inability to get rid of the 43 paper it generates. He said his firm currently has five box cars of 44 shredded paper on the tracks with no way of disposing of the contents '. • 7 I 1 except to burn it. He confirmed that the printers like the newspaper 2 plants had no use for recycled paper. . 3 Mayor Sundland commented that he had always been concerned about the 4 "rush to judgment" about recycling at the same time he recognized how 5 unpopular a landfill anywhere near St. Anthony would be. He indicated 6 he had expressed the concern that "there better be an assurance of a 7 market for recyclables 'before that type of program is initiated" when 8 he served on the task force with several Hennepin County Commissioners. 9 Search for Other St. Anthony Cities Reaches Councilmember Makowske 10 The Councilmember reported getting a phone call from Marjory Jeffers, it an employee of St. Anthony, Indiana, a community of 350 residents who 12 will be celebrating its centennial in September and is looking for 13 other cities with the same name. Copies of Councilmember Makowske's 14 letter to Ms. Jeffers had been furnished to the other Councilmembers 15 and she indicated that as a member of the St. Anthony Historical 16 Committee she would be looking for more historical information and 17 materials to transmit to the Indiana city. 18 Shopping Center Representatives Explain Exclusive Use of Texas Sign 19 Installers 20 Councilmember Makowske reported meeting Joe DiSanto, the New York 21 representative of the St. Anthony Shopping Center owners who was in town 22 to supervise the installation of new signage on the center buildings. 23 She said this gave her the opportunity to get an answer to questions 24 some residents had raised with her regarding why local crews weren't 25 used for the project. The Councilmember said Mr. DiSanto had explained 26 that the special grooving system on the signs is patented by a Texas 27 firm who allows installation only by their own crews. Councilmember 28 Makowske reported telling Mr. DiSanto she thought the new signage was 29 really improving the appearance of the shopping center. She said the 30 center owner representative had indicated there would be a "Grand 31 Opening Celebration" at the center sometime in June to commemorate the 32 "new look" . 33 Council Concurs With Feasibility Study of Drainage Into Silver Lake 34 Councilmember Enrooth indicated that he perceived that questions about 35 . whether drainage through Apache storm sewers was the primary cause of 36 excess vegetation on Silver Lake weren't going to go away without some 37 concrete answers from the City. He said the Public Works Director was 38 recommending a feasibility study be done which would give the City some 39 idea of the City's influence on the problem and propose some 40 diversionary possibilities if its proved that storm runoff and not 41 excess nutrients from residential lawn care methods is a major factor 42 in' the problem. There was Council agreement that Mr. Hamer should find 43 out if any of the studies of the lake done by the Rice Creek Watershed 44 District covered any of the data the City would be looking for and then 45 take bids to gather at least the preliminary figures related to the • 8 1 I potential costs of taking corrective measures with the understanding 2 that those costs should be shared by all affected parties" including Columbia Heights, New Brighton, the Salvation Army and the residents who 4 live on the lake. 5 Councilmember Marks commented that he had recently talked to a person 6 who had an early history of involvement with the lake and believed there 7 might possibly be many undocumented hook-ups to the lake, citing as an 8 example, the drain tiles which Columbia Heights used to drain swampy 9 land near the lake for which initially there had been no drawings made. 10 Recycling Discussions Continued it Councilmember Ranallo reported having received a notice from his garbage 12 hauler, Woodlake Sanitary, that they were raising their rates to $34.00 13 every two months and would be giving discounts to customers who use only 14 the one barrel the firm would now be providing its customers. He said 15 the letter also urged recycling all possible materials, warning that 16 because of increased costs for haulers to put garbage in landfills or 17 to have it incinerated, future rate increases were imminent. 18 Councilmember Enrooth commented that he now had some reservations about 19 proceeding with the proposed "Garbage Ordinance" for St. Anthony unless 20 there is some immediate resolution of the newsprint disposal problem 21 and glass disposal, which is rapidly becoming another problem. 22 Councilmember Marks said he perceived industries like dairies could probably go back to using returnable containers which had worked very well in the past and he indicated he continued to believe that bringing 25 pressure on the retail market was the best way of getting more 26 acceptable packaging. He said he also remained convinced that by 27 passing ordinances against plastics, small communities like St. Anthony 28 could influence the state and federal government to give more serious 29 attention to eliminating nonrecyclable or nonreturnable plastics or 30 requiring further research into reusable packaging. 31 Mayor Sundland reiterated his concerns that the Council might only be 32 forcing its three supermarkets out of business with the proposed food 33 packaging ordinance. . He said the retail merchants association had 34 indicated to him that they were already looking into the legal aspects 35 of those regulations. 36 DEPARTMENTS AND COMMITTEES 37 Brief discussions related to the Police Department reports preceded the 38 orders to file the following reports in the agenda packet: 39- -April 20th report from the Hance & LeVahn law firm on cases the City 40 prosecutors have handled in Hennepin County District Court up to and 41 including April 19, 1989. • 9 1 -March Police Department report. 2 -March Police Reserves report. • 3 ACTING CITY MANAGER 4 May 2, 1989 Staff Meeting Notes 5 There were no questions from the Council on the above. 6 New Lighting Approved for VillageFest Dance Area 7 Copies of Larry Hamer's memorandum advising how the above could be 8 accomplished had been distributed and led to the discussion between the 9 Council and Ms. VanderHeyden and Mr. Lundeen. The Acting City Manager 10 reported the VillageFest Committee had decided that the best location 11 for the food and beverage booths and the street dance would be behind 12 the Christen home facing the softball fields. She added that extra 13 electrical power would probably have been necessary no matter where the 14 booths were located or the dance held. The assumption that the added . 15 electrical power could be used for other future activities like music 16 concerts led to the following motion: 17 Motion by Ranallo, seconded by Enrooth to approve an expenditure of 18 $1 ,180.00 for the added electrical power for the VillageFest as proposed 19 by City staff. 20 Motion carried unanimously. 21 NEW BUSINESS 22 Signatures Approved for City Financial Transactions 23 Motion by Ranallo, seconded by Enrooth to adopt the resolution which 24 specifies persons authorized to sign financial documents for the City. 25 RESOLUTION 89-010 26 A RESOLUTION SPECIFYING PERSONS AUTHORIZED 27 ' TO- MAKE CERTAIN TRANSACTIONS REGARDING 28 CITY FINANCIAL ACCOUNTS 29 Motion carried unanimously. 30 Acting City Manager's Compensation Approved 31 Motion by Marks, seconded by Ranallo -to . adopt the resolution providing 32 additional compensation to Sue VanderHeyden during the time she serves 33 as the St. Anthony Acting City Manager. 34 1 RESOLUTION 89-011 02 A RESOLUTION APPROVING COMPENSATION FOR 3 THE ACTING CITY MANAGER 4 Notion carried unanimously. 5 Scout Observer Welcomed 6 Mayor Sundland noted the presence of Matt Smigleski, 3208 Silver Lake 7 Road, and his father. Matt reported he was fulfilling a badge 8 requirement of Troop 711 by observing the Council's meeting that 9 evening. 10 AWOURNMSN'r 11 Motion by Ranallo, seconded by Marks to adjourn the Council meeting at 12 8 :45 P.M. 13 Notion carried unanimously. 14 Respectfully submitted, 15 Helen Crowe, Secretary *6 17 Mayor 18 ATTEST: 19 .City Clerk 20 :cjk • 11 CITY OF ST. ANTHONY CITY COUNCIL MINUTES May 23 , 1989 The m=eting was called to order at 7 : 30 p.m. with the Pledge of Allegiance led by Mayor Pro Tem Ranallo . ROLL CALL Present : Makowske , Marks , Ranallo Absent : Enrooth, Sundland Also Present : Susan VanderHeyden , Acting City Manager William Soth., City Attorney Ron Hansen , Planning Commissioner MAY 9 , 1989 COUNCIL MINUTES • Motion by Marks , seconded by Makowske , to approve with the following changes : Page 3 , line two : Delete word "several . " Page 3; line 20 : Delete word "was . " Page 6 , line 37 : Substitute "META partnership" for "owners . " Page 7 , 'Line 31 : Add word "which" after the word "after . " Page 8 , lines 10 and 14 : Substitute "Jeffreys" for "Jeffers . " Page 8 , line 40 : Substitute "it is" for "its . " Motion carried unanimously . CHANGE TO AGENDA Mayor Pro Tem Ranallo reported that the matter of Fvergreen Townhomes is to be tabled due' to a request that it be set aside for a special meeting until certain issues can he decided . Additionally , passage of a City ordinance for a change in zoning requires a four-fifths vote , which cannot be obtained on May 23 , 1989 due to the two absences and one abstention . LICEI,ISES/PERI•IITS/r^ETITIOiJS Motion by Marks , seconded by Makowske , to grant the following licenses as listed in the I•lay 17 , 1989 Council agenda packet : • .Contractors : -J.C . Penney Co. , Inc . , Minneapolis , M14 Norsk Concrete Construction , Inc . , Mounds View, MN s Diversified Construction , St . Louis Park , 1°114 Crown Fence « Wire Company , I.linneapolis , M1J Porch Living , Inc . , Burnsville , MN Joe Nelson Stucco, Coon Rapids , MN Haster ' s Craftsmen , White Bear Lake , 1,114 Crandall Bros . , Crystal , 1.114 Westphal Roofing , Mounds View , M14 Amusement Devices : Bono ' s Ilalt Shop and Arcade (5) Motion carried unanimously. CLAIMS Motion by Makowske, seconded by I•larks , to approve payment of accounts payable upon withdrawal of one item, check #14197 in the amount of $1 , 829 . 33 . Motion carried unanimously . Motion by 'Makowske, seconded by Marks , to approve payment of $2 , 170 . 00 to Miracle Recreation Equipment Corr!pany for the eleven-inch Cyclone Slide . Motion carried unanimously. Motion by Marks , seconded by Makowske , to approve payment of $20 , 488 to MacQueen Equipment, inc . for the Hustler 340 . Motion carried unanimously. Motion by Ranallo, seconded by Makowske , to approve payment of $19 , 627 . 86 to Metropolitan Waste Control Commission for sewer services . Motion carried unanimously. Motion by Marks , seconded by Ranallo, to approve payment of $582 . 92 to City of Minneapolis for one quarter the cost of operation, and maintenance of traffic semaphore located at the intersection of Lowry venue and Stinson Boulevard , N. F. , for the period of January 1 through December 31 , 1988 . Motion carried unanimously . Motion by Makowske, seconded by Ranallo, to approve payment of $1 , 780 to Identity, Inc . for lapel pins . Motion carried unanimously . • Motion by Marks , seconded by Makowske , to approve payment of $1 , 877 . 25 to Independent School District 282 for custodial services for February 1989 . • Motion carried unanimously. REPORTS MAY 16 , 1989 PLANNING COMMISSION MINUTES Stonehouse , 2700 Highway 88 , Sign Request Planning Commission Recommendation Commissioner Hansen reported that the Planning Commission minutes dated I•lay 16 , 1989 properly reflect the discussion and recommendations of the Commission on that date and their agreement with the findings of the City Council , as detailed on page 3 , lines 24 through 34 of those minutes concerning the Stonehouse signage package . Acting City Manager VanderHeyden indicated that the action remaining to be taken by the City Council was final approval . She presented a picture of the bar/lounge sign under discussion , given to her by Ray Nelson, and relayed to the Council Ray Nelson ' s request that the sign be permitted because it marks one of the entrances to the establishment . . • Commissioner Hansen commented on the proximity of the Stonehouse to the gateway to the City, and remarked that although the Stonehouse is a source of tax revenue to the city, customers can and should be attracted to establishments without the clutter of excess signage . Mayor Pro Tem Ranallo pointed out that the new signage will bring the total square footage up to 144 square feet of the maximum 150 square feet permissible per businesss . Council Member Makowske agrees with the Planning Commission that additional signage is not needed , and that other signage stands out more with less total signage . . Council Action Motion by I-larks , seconded by Makowske , to accept the recommendations of the Planning Commission as detailed on page 3 , lines 24 S.o 34 of the May 16 , 1989 Planning Commission Minutes , to recommend that the half barrel canopy sign be moved to the west side of the Stonehouse; that the letters for BAR and LOUI1GE be removed from the front wall ; and that only the lettering on the sides of the barrel canopy sign which show from the street be retained . Motion - carried unanimously . • Mid-America Dairymen, Inc . Request Planning Commission Recommendation Commissioner Hansen referred the City Council to the recommendations of the Planning Commission contained in their May 16 , 1989 minutes . • Council Member Makowske asked whether this was a last-minute addition to the agenda , and acting City Manager VanderHeyden replied that a public hearing was not. required on the issue . Jim Gammill , Mid-America Dairymen, Inc . , requested that the Council adopt the recommendation of the Planning Commission, and offered to answer questions . Council Member Marks asked Mr . Gammill whether Mid-America Dairymen had signed a long-term lease , and whether they were searching for a subtenant to use up the remaining term of the lease . Mr . Gammill replied that they are actively engaged in soliciting a suitable tenant to fill their position in the shopping center . Council Member Makowske asked whether "suitable" meant that they were looking for someone who could take the entire area or just the front portion . Mr . Gammill replied that two out of the three prospects who had expressed an interest in the location would like to use the entire square footage , resulting in Mid-America Dairymen completely vacating the premises . Mayor Pro Tem Ranallo questioned whether six months would be an adequate amount of time in which to resolve the situation, and Mr . Garrmiill indicated that he understood the Planning Commission to have recommended a six- to twelve-month deferral of enforcement of zoning requirements . Commissioner Hansen indicated that Hid-America Dair_me has a lease which expires in November of 1991 , and that Mid-America would ideally like to have seen a deferral in enforcement until that time . Charles Diessner , Attorney for Mid-America Dairymen, Inc . , indicated that Mid-America is currently not in compliance with zoning requirements because they are not operating the retail portion of the space together with the warehouse . He clarified the fact that Mid-America ' s original request of the Planning Commission was a delay of enforcement of non-conformance with the zoning requirements for the term of the lease. Their options would be to either.- lease the entire space to one user , or to lease only the retail space .to one user , thereby allowing Mid-America to continue to operate the warehouse . Mr . Diessner also indicated that , because of some concerns expressed by the Planning Commission and because of the lack of some background information at the time of the meeting , the Planning Commission recommended delay of enforcement of zoning requirements for six :months , which is acceptable to Mid-America . Mid-America ' s intent is to attempt to lease the entire space , because if they can lease the entire space they will not need to appear before the Planning Commission and the City Council again with further requests . They feel six months will give them adequate time to determine what they can do in the marketplace . 0 Mayor Pro Tem Ranallo referred to a situation several years ago involving a print shop which was asked to move out by the Council because they were not engaged in retail activity and were in • non-conformance with zoning requirements , and asked Mr . Soth about the impact of this type of situation on the city . Mr . Soth replied that six months ' deferral is the maximum permissible amount of time , although even that 'Length of time might be questionable. Council 14ember Makowske asked whether warehouse use fell in the light industrial category, and Soth replied that that assumption was correct . He added that former City Manager Dave Childs ' s letter to ifid-America Dairymen indicated that , if the warehouse use was incidental to the retail use, that it could be considered to be primarily retail use . In Soth ' s understanding , however , the retail use no longer exists and it is , therefore, a non-conforming use. In that case , nothing can be done to allow Mid-America to stay other than rezoning the property to industrial use , because a variance cannot be- granted. Mr . Soth narrowed the issue down to the question of how long the city can defer enforcement before it becomes improper to do so. He recommended that enforcement not be deferred any 'Longer than six months . He added that if there is one separate retail use and a different warehouse use , then it car► no longer be said that the retail use is part of the warehouse use . In that case , subletting to a different retail use while continuing to make use of the warehousing area would be improper . • Mayor Pro Tem Ranallo asked Commissioner Hansen if the Planning Commission had had the benefit of the information and legal opinion just presented by Messrs . Diessnrr and Soth they would have considered the issue differently. Hansen replied that they would have , and said that such concerns were reflected in the May 16 , 1989 Planning Commission minutes . Those concerns had to do with the amount , type , and frequency of deliveries taking place at the location . Their information was that the truck traffic was limited and took place in the rear of the space rather than the front . The fact that the activity was limited, subdued , and was not an ongoing freight operation influenced the Planning Commission to recommend a six-month delay of enforcement . Mayor Pro Tem Ranallo asked Mr . Gammill to describe the nature of Mid-America ' s business operation when they first moved into the center, and if and when it had ever changed . mr . Gammill replied that their original business operation was retail , and that in their estimation they have never charged from a retail to a wholesale operation. Hr- described the business operation as a distribution center for their other retail stores , and. stated that. the use has not changed over their term of occupancy of the .space . He described the typical truck traffic and its purpose at the St .. Anthony location as being three to five stops per week to deliver and/or load merchandise to be delivered to their other retail stores . Council I•iember Makowske asked Commissioner Hansen to define the difference between motions made on page 6 and page 8 of the May 16 , 1957 P'Lanning .Commission minutes by Commissioners Wagner and Franzese , respectively. , ;, Mr. Diessner replied that one of the concerns that Mid-America had with the first motion was that it was tied to the company being allowed to lease the entire space to only one user . Not being able to lease the space to a single user, Mid-America would be required to ask the City for an extension or some other type of consideration . Mid-America, for that reason, was not pleased with the first motion, but was happy with the second motion because it did not limit them to a single user . Commissioner Hansen agreed with the explanation of the difference between the motions offered by Mr . Diessner . Mr. Diessner pointed out to the 'Council that when Mid-America recognized the existence of a problem from a retail traffic standpoint for an extended period of time, they immediately talked to then City Manager Dave Childs about the problem. They felt that they were given the type of assurance that Mr . Childs could give them in his position that the City would work with Mid-America and not enforce the zoning requirements right away, one of the reasons being the problems that the City had had with that center and promises from the owner of the center in terms of the development and expansion and enhancement of that center . Mid-America ' s position is that they did not receive the retailing enhancements that were promised to them a.s well as to the City three years ago, and that the enhancements that are being put in place now are too late for them. 9 Mr . Diessner further indicated that former City I•Tanager Childs was sympathetic to the problems that Mid-America faces in terms of the losses the company has suffered because of some commitments both Mid-America and the City felt had been made to them, and that from that standpoint , he understood that the City was not enforcing the zoning requirements as strictly as it might have in some other cases because there are some unique facts that relate to the I•;id-America Dairymen . Commissioner Hansen reiterated that the primary concern of the Commission was not to set precedents by turning vacant space in the shopping center into warehousing space , which would be non-conforming use. He emphasized that the Commission was being generous in allowing a deferment of six months because of the infrequency of truck traffic at the location . Council Member Marks stated that it appeared to him as though the actions of the Planning Commission were actually limited by state statute, and that correct interpretation of state statute would not permit a retail use and a warehouse use in the same space if the warehouse use was separate and not incidental to the retail use . City Attorney Soth agreed with Council Member Marks, and stated that the City could not grant variances or waivers of its own zoning but would have to change the zoning. Marks stated that his understanding from the discussion was that it � would not be legal for the City to work out another agreement after e six-month period was ended , and that it would be appropriate for the Council to follow the recommendations of the Planning Commission by giving Mid-America six months ' time to sublease the entire space with • no other option . Soth stated his agreement with Marks ' s interpretation of the ramifications , and stated that the only Justification for delaying enforcement for any period of time at all arises from the reasonableness of the City in allowing the leaseholder to make other arrangements . He felt that if the City were receiving complaints from a neighbor or a property owner about the situation that it might be appropriate to enforce the zoning requirements in a shorter period of time than six months , but in the absence of such complaints that six months was both a generous and reasonable amount of time . He noted , however , that delaying enforcement for the term of the lease would be inappropriate action . Mayor Pro Tem Ranallo offered both his agreement that conditions in the center until recently have been less than desirable for a retail outlet , and his approval of the changes currently being made. Motion by Makowske, seconded by I-larks ; that the Council grant a six-month delay of enforcement to allow the leaseholder, Irid-America Dairymen, Inc . , the opportunity to sublease their entire 9, 377 square feet of space to a tenant . • Motion carried unanimously. Mayor Fro Tem commended the Planning Commission for their work in arriving at their recommendation, and Council Member Marks expressed his hope that Mid-America Dairymen would be able to proceed satisfactorily. Lang/Nelson Requests Planning Commission Recommendation Commissioner Hansen reported that Lang/Nelson is making two requests : -one , for a temporary trailer to be used as an apartment rental office; and two, for an additional , temporary, directional sales sign , four by eight feet in size , to be located at 2905 Kenzie Terrace, the site of the former Mr . Hobo' s restaurant , during the final phase of the Kenzington project . He stated that the Planning Commission moved to allow the trailer and the sign for a period not to exceed Mlay 1st , 1990 , subject to assurances that the sign will not obstruct traffic and is properly maintained during that time period . Mayor Pro Tem questioned whether Lang/Nelson would encounter difficulties regarding the sign if the restaurant property were to be sold and a restaurant to begin operations at 2905 Kenzie Terrace . Paul Brewer of Lang/Nelson indicated that they do need the consent of the owners to locate a sign on that property , and that they currently have • the consent of one owner but not of the other . Should such a sitatuion arise in the future, they will either have to obtain the consent of the new owner (s) or find another location for the sign . Mayor Pro Tem Ranallo asked Mr . Brewer to describe the exact location f� • of the proposed sign . Mr . Brewer responded that it would be a post sign similar to that presently on site, and that it would be just off the grass right on the edge of the parking lot facing the intersection of Kenzie and Silver Lake Road . He then presented an artist ' s rendering of what the sign would look like to the Council . Mayor Pro Tem Ranallo expressed the view that the trailer was a necessity, but questioned the reasoning behind erecting a sign two blocks away from the building site . Mr . Brewer responded that, considering the present disrupted traffic pattern, their concern was to be able to direct people to the site from the closest main intersection with a minimum of difficulty in locating the site . Council Member Marks noted that the request for the sign is actually for less than a one-year period . Motion by Marks , seconded by Ranallo, to grant the requests from Lang/Nelson to erect. : 1 . The proposed temporary trailer on the construction site to be used as a rental office as requested from June 1 , 1900"9 to September 20 , 1989 . 2 . The proposed directional sign not to exceed four feet by eight fib in the location requested on the vacant restaurant property for period not to exceed I•;ay 1 , 1990 , subject to staff review of maintenance and upkeep of the sign and assurance that a sign in that location will not obstruct traffic . Aye : Marks , Ranallo. Abstention: Makowske . Motion carried . Thanks Expressed to Former City Manager David' Childs Commissioner Hansen expressed on behalf of the entire Planning Commission their thanks to David Childs . He stated that , as City Manager, Hr . Childs was extremely helpful and an asset to them. They look forward to continuing in that tradition with Acting City Manager, Susan Vanderheyden. COUNCIL REPORTS Marks Attends Board Ieeting of Youth Service Bureau Council Member Marks reported that he attended the full board meeting of the Youth Service Bureau on Thursday , May 18 , 3939 . They reviewed statistics which revealed a 90 percent chance that people who are incarcerated in state prisons were abused as children, leading to t)� conclusion that one of the ways to stop crime is to deal with the problem of child abuse . Makowske Attends Historical Society Meeting, Ramsey County League of • Local Governments Meeting Council Member Makowske reported that she attended the meeting of the Historical Society of May 22 , 1989 , and that by-laws and articles of incorporation were .worked on . Their next meeting is scheduled for the 26th of June . She additionally attended the Ramsey County League of Local Governments meeting. Items discussed were : 1 . Recycling in general and the Super Cycle program in particular . 2. Monies expended, up to $8 million by some Ramsey County parks , for park equipiment . 3 . Construction of bike paths and walking paths from old Burlington-Northern railroad beds , and the linking of park systems within Ramsey County using those paths . Ranallo Reports' on VillageFest Mayor Pro Tem Ranallo reported that progress on VillageFest arrangements is continuing smoothly and that the float has been ordered . The next Villagefest meeting will be Tuesday, May 30 , 1983 , tat which time one of the topics of discussion will ;De selection of the logo. Ranallo to Attend League of Minnesota Cities Conference Mayor Pro Tem Ranallo reported that the League of Minnesota Cities Conference is scheduled for Tuesday, June 6th throi.1gh Friday, June 9th, and that he is a candidate for Vice President of that League . VanderHeyden Discusses Recycling Acting City Manager VanderHeyden relayed Council Member Enrooth ' s suggestion that the Council consider whether or not St . Anthony wishes to proceed with a recycling ordinance in view of the fact that there is a glut in the newspaper market and an impending glut in the glass market . The ordinance as presently worded would require haulers to recycle or deliver to a r.ecycler all newspapers , glass , and aluminum. Mayor Pro Tem Ranallo expressed the view that the Council should work out the wording of the ordinance, return it to the task force , and proceed from there. The current market glut of recycleable materials is likely to be a temporary situation and the City should be ready to proceed with a recycling program once market conditions change . Council Member Makowske agreed that the best course would be to • proceed. Council Member Marks offered the opinion that the haulers themselves might be in favor of recycling because of recent large increases in tipping fees . DEPARTMENTS AND COMMITTEES 0 Brief discussion preceded the orders to file the following: 1 . Hance & LeVahn, Ltd . report regarding matters conducted at the Hennepin County District Court up to and including May 3 , 1989 . 2 . Police Reserves April 1989 Report . 3 . Liquor Operations April 1989 Sales Summary. Council Member Makowske expressed thanks to the Reserves for their time . Acting City Manager VanderHeyden responded to a question posed by Council Member at the last City Council meeting, explaining that incidents listed at the bottom of the Police Reserves Report with no numbers are incidents which did not occur. ACTING CITY MANAGER Staff Meeting Notes - May 16 , 1989 Acting City Manager VanderHeyden reported that Public Works Director Larry Hamer is currently working with the Rice Creek Watershed Distr (of which Silver Lake is a part) which is trying to get a grant from the State of Minnesota to study the water quality of the District in cooperation with Columbia Heights and New Brighton . Landscaping Around the St . Anthony Village Sign Acting City Manager VanderHeyden reported that a landscape plan for the area around the St . Anthony Village sign has been obtained by the Gardener ' s Club and is included in the Council packet . The money for that project would come from the Beautification Fund, the source of which is recycling . Acting City Manager VanderHeyden noted that approval by the Council of the expenditure was not required, but that such approval would lend formal support to the project . . Motion by Marks , seconded by Ranallo, to approve expenditure of $998 . 02 .to the Gardener ' s Club to plant shrubs , trees , etc . necessary for landscaping around the St . Anthony Village sign ; the Gardener ' s Club to assist the Public works Department in planting. Motion carried unanimously. City of St . Anthony Insurance Package Mark - Flaten, American Risk Services , introduced the St. Anthony n insurance policy for its annual review, and distributed copies of do 6/1189-90 renewal package to the Council . He reviewed the history of the City ' s insurance policies , including the • fact that the Council. in 1988 made the decision not to purchase umbrella liability but to go with the sovreign municipality limit of $600 , 000, and also chose a $10 , 000 per occurence deductible with a $50 , 000 aggregate limit . He pointed out that the savings as a result of that decision were approximately $80 , 000 in policy period ' 08/ ' 89 versus ' 87/88 . Mr . Flaten informed the Council that ' 89/ ' 90 policy year insurance costs could be reduced by approximately $5 , 000 providing a change in liquor liability carrier was made from TransContinental to Park Glenn. This suggested change is prompted by the fact that Stonehouse food/liquor sales last year were estimated to be fifty-fifty in favor of food sales , but that actual figures during the last ten months of operation indicate that that is not the case, and that the City will be unable to obtain the benefits of such a favorable food to liquor sales ratio under the policy with TransContinental . Several other markets were investigated , one of which was Park Glenn. American Risk Services recommends that St . Anthony change its liquor liability policy from TransContinental to Park Glenn, a comparatively new company which now has an established track record and competitive rates, and pointed out the figures on the fourth and fifth pages of the renewal packet showing savings of approximately $25, 000 in support of that recommendation. • The difference in coverage between the two g programs is that the TransContinental policy has a separate policy and a separate $500 , 000 limit for each of the four locations covered , while the Park Glenn program has a $500 , 000 'shared limit among all four locations , preventing erosion of the limit on one location due to a large loss at that one location while still providing the full $500 , 000 limit at each individual location. In reviewing the property premiums versus property values , Mr . Flaten pointed out that the premiums have gone up at a lesser rate than the values , evidence that the Council has been prudent in choosing a larger deductible . Mr. Flaten indicated that the City has received dividends from the League of Minnesota Cities Insurance Trust , largely as a result of the design of the claims made contract program. Under that program, there is no tail; that is , no claims that are incurred in an earlier time are reported at some future time . Mayor Pro Tem Ranallo indicated the importance of the City ' s support for the League , and the fact that through savings resulting from the City ' s participation in the League ' s insurance program the City has actually recovered their dues to the League . Mr . Flaten reviewed the savings the City has made due to its. favorable workers ' compensation experience . Actual experience is reflected in the retrospective basis premium program, and has worked to the City ' s advantage because losses have been low. Mr . Flaten recommended that the Council choose the retrospective basis premium program for the df ' 89/ ' 90 policy year, as well . He indicated that St. Anthony ' s worker compensation experience has improved steadily over the last few years , and that it is currently five percent better than the average city. He commended the City for that improvement and requested that the League be allowed to use St. Anthony ' s experience in a future League magazine article as a good example of how such improvement can be achieved. Motion by Marks , seconded by Ranallo, to approve the City of St . Anthony 1989/ ' 90 insurance renewal with the recommendations made by American Risk Services . Motion carried unanimously. NEW BUSINESS Evergreen Townhomes Bill Soth briefly described the redevelopment issues involved in the Evergreen Townhomes project . He stated that under the tax exemption laws for the notes that Evergreen intends to sell to its investors , the interest that those investors earn on the notes is tax-exempt only if it meets the requirements of -the statute , one of which is that the City be a borrower . -This situation would involve the City actually doing the soil correction work . Soth voiced opposition to the City o undertaking such risk and liability. Acting City Manager VanderHeyden indicated that she would coordinate scheduling of a special Council meeting to address the redevelopment issues . Motion by Marks , seconded by Makowske, to table the Evergreen Townhomes Ordinance 1988-005 and the resolutions . Motion carried unanimously. ADJOURNMENT Motion by Makowske, seconded by Marks , to adjourn the City Council meeting at 8 : 47 p.m. Motion carried unanimously . Respectfully submitted, Doris Hoskin, Secretary Mayor o ATTEST: City Clerk