HomeMy WebLinkAboutPL PACKET 01191988 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1988
Document: PL PACKET 01191988
C 2 TY O F S T . ANTHONY
P LANN I NG C OMM= S S 2 ON AGENDA
JANUARY 3- 91
1 9 8 8
7 : 30 P - M -
1 . Call to Order. -
2. Administrate Oath of Office.
3 . Roll Call.
4. Minutes.
a. Planning Commission - November 30, 1987.
• 5. Designate Commission Representative to the Council
Meeting on January 26, 1988.
6. Public Hearings.
7. New Business.
a. Apache Squares Shopping Center - Signage.
8. Adjournment.
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C = TY OF ST _ ANTHG;;NY '•
=PLP:NN=NG COMM= SS20N .MINUTES �
NOVEMB E R 30 , --L987
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led �
2 by Chair Franzese.
3 Present for roll call: London, Hansen, Wagner, Franzese, Werenicz ,
4 ' Madden.
5 Also present: David Childs , City Manager.
6 MINUTES
7 September 15 , 1987 Planning Commission Minutes
8 Motion by Wagner, seconded by Hansen to approve as presented.
9 Motion carried unanimously.
10 November 4 , 1987 Special Planning Commission Minutes
41 Motion by Hansen, seconded by Wagner to approve as presented.
12 Motion carried unanimously.
13 November 17 , 1987 Planning Commission Minutes
14 Motion by Werenicz , seconded by Wagner to approve with the following
15 changes :
16 Page 8 , line 6 : Strike "to be" after "considered" .
17 Page 8 , line 26 : Substitute "east" for "west" at end of line.
18 Motion carried unanimously.
19 MADDEN TO REPRESENT COMMISSION AT DECEMBER 8TH COUNCIL MEETING
20 PUBLIC HEARINGS
21 Confusion Over Staff Direction Prompts Commissioners to Recommend Only
22 One Sigh Variance for Mickey D' s Restaurant -
23 Testimony had been taken during the public hearing on the request from
24 Michael Farrell for the necessary variances to the City Sign Ordinance
25 to allow three signs on the remodeled Mickey D' s Restaurant at 2905
26 Kenzie Terrace. However , because there was a lack of quorum of
27 Commissioners to make a decision, the hearing was continued to the
�8 November 30th Commission meeting.
. 1, Manager 'Indicates Sign .Erected on Front of Restaurant Since Hearing Is
• 2 41 Square Feet Larger Than City Ordinance Allows - f
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3 The Chair continued the November 17th hearing at 7 : 42 P.M. by
4 requesting a staff report on the issues which were involved.
5 Mr . Childs said he understood the sign company had come to see Mr.
6 Hamer the day following the hearing when the Manager was not in his
7 office and the Building Inspector had issued a permit for an 82 square
8 foot sign based on calculations the sign company had made that they
9 needed 42 square feet for "Mickey" ; 6 square feet for "D" ; 4 square
10 feet for " ' S" ; 10-1/2 square feet for "Family" and 19 square .feet for
11 "Restaurant" .
12 The Manager then read that portion of St. Anthony' s Sign Ordinance
13 which states that signage should be calculated on the square- footage
14 of the rectangle enclosing all the sign lettering, which in this case,
15 he said would bring the sign surface up to 141 square feet, 41 square
16 feet more than the Ordinance would allow for this building with
17 approximately 50 feet of frontage and calling for a variance of that
18 much for the sign.
19 As he had stated at the hearing, the Building Inspector had consulted
20 him about the signage early in -October when the applicant were in Mr.
21 Hamer' s office. Without knowing the front dimensions, Mr. Childs said
22 he had advised Mr . Hamer the building would be allowed 2 square -feet
23 for every front foot. If the applicant wanted to keep the roof. sign or
24 put additional signage on the side of the building in addition to the
25 front sign-, he would have to apply for variances for that additional
26 signage because the .City Ordinance only allows one sign per business
27 with sometimes a variance for a second sign granted for .a. corner
28 business.
29 The November 17th minutes indicated that Tim Gow, the sign represen-
30 tative that evening, had given the Commissioners a drawing of an 8 X 8
31 foot sign reading "Mickey D' s" which the applicant wanted to put up
32 over one side of the "Mr. Hobo" roof sign and had been specifically
-33 informed that-sign surface should actually be 64 square feet , accord-
34 ing to the ordinance calculations and not 27 square feet as indicated
35 in the October 30th letter from his company.
36 The minutes had also indicated that Commissioner Werenicz , noting the
37 discrepancies between what appeared to be .a 200 square foot sign from
38 the drawings submitted by the sign company and the applicant ' s
39 testimony that much less signage was being requested, as well. as the
40 disputed size -of the roof sign, * had suggested the applicant and his
41 sign company .:. sit down with staff to ascertain just what would
42 constitute acceptable signage for St. Anthony.
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•1 . Mr . Childs recalled specifically ' , .suggesting to the applicant that
2 because the City in the past ha-d. g 'anted a -variance for a second sign
3 for a corner business , he might' want. to.- split the copy he was propos-
4 ing for the front sign into two -separate signs with a 3 X 20 foot ( 60
5 square ' feet) "Mickey D' s" sign. to be put up on the front of the
6 building and a 2 X20 - foot ('40 square feet) "Family Restaurant" sign
7 could be 'placed on the east side since both signs would meet the
8 total 100 square feet of signage the ordinance allowed a building
9 within a 50 foot frontage.
10 The Manager reported he had noticed the front sign was already up when
11 he returned from his Washington D.C. trip and when he looked for the
12 permit in the files found a drawing for a front sign which was
13 designated as having 82 square feet and on which Mr. Hamer had written
14 "sign per sketch, 82 square feet, one sign on front of 'building"
15 before signing.
16 Mr. Childs indicated he was not aware of any municipal ordinance in
17 any city which allowed signage to be calculated the way E. S. I . had
18 calculated the dimensions of this sign ad said he thought most sign
19 people knew that was not the way to calculate signage. He also
20 recalled that Mr . ' Farrell and the sign company representative had
21 been specifically advised that the City ordinance did not allow
22 signage to be calculated that way during the hearing.
�3 Gow Testifies Not Unusual for City Ordinances to Allow Signage to .Be _
4 Calculated The Way He Does It
25 Tom Gow, who had signed the October letter to Mr. Hamer specifying
26 what signage was being requested for the restaurant, said it had been
27 he and not his brother, Tim Gow, who had appeared with Mr . Farrell
28 November. 17th, who had worked with Mr. Farrell on his sign package.
29 He also said it had been he who had met with Mr. Hamer early in
30 October and it was during that meeting that "calculations for the
31 front sign were made for each word specifically and how the sign
32 would be laid out was clarified for Mr. Hamer" , leading to the
33 Building Inspector approving the permit for the sign November 18th.
34 He explained that this type of business sign consists of internally
35 neon lighted columns , known as "channel lettering" , and, in fact , each
36 letter is a fixture which can be considered to be a sign in some
37 cases. He recognized that this differed from the City Ordinance as
38 stated by the City Manager , but wanted it understood that the original
- 39 calculations were made "under the supervision of Mr . Hamer" .
40 Mr . Farrell said before he had sianed a check for $5 , 000 for that one
41 sign he had personally gotten verbal assurance from Mr . Hamer that it
42 was - O.K. Mr . Gow added that the Building Inspector had also told them
43 the new copy on the roof sign and the reader board on the .east
44 required variances for which they had applied and paid the required
45 fees .
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1 The sign company representative indicated he thought his October 30th
. 2 letter to -Mr: ,Hamer accurately described : .the . specif.ic items he was
3 looking for in this particular business . He added that the size of ..-
4 the letters was:, determined from a chart designating . what size .
---5 characters would be required to attract' . business : from the local
6 traffic which was the real reason these variances were so important to
7 the owner.
8 when -Commissioner Hansen asked whether Mr. Gow hadn'.t thought it might
9 be unusual to compute signage surface by lettering, including the
-10 apostrophes , Mr. Gow indicated it was typical for other cities to use
11 channel letters, especially for malls in the Twin Cities where signage
12 is a continuous band and signage is calculated by words . identifying
13 individual tenants .
14 Commissioner Werenicz. told him he failed to see the connection between
15 mall signs and signage for an isolated building.
16 Mr. Gow said he would check his files for the names of other cities
17 whose ordinances calculated signage in this manner but when pressed by
18 Commissioner Hansen, gave the names of Blaine and Moundsview. The
19 sign company representative also conceded that "individual words were
20 usually measured and it might be unusual to measure the "D" and " ' s"
21 separately as was done in this case. Mr . Farrell reiterated his
22 experience in the restaurant business and said he had "actually
23 turned around one million dollar business" , so certainly knew how
24 important signage was.
25 When Commissioner Hansen questioned why if signage was so important,
26 they had waited until the last thing to bring the sign package to the
27 City, Mr. Farrell indicated he had checked with Mr. Hamer the first
28 day he walked into the building to take it over , either October 1 or
29 2 , " having already gone to 7 other sign companies for estimates before
30 that time. Mr . Gow said they already. had the sign package. decided on
-31 when- they first saw Mr. Hamer and had ordered the signs , which took 8
32 weeks to make, right after the interview, sometime around the first or
33 second of October.
34 Applicant to Drop Reader Board but Perceives Roof Sign Important
35 Mr. Farrell indicated the "vibrations" about the sign being "tacky" ,
36 etc . he had gotten at the hearing had convinced him that he would
37 probably have to "eat" the $1 , 200 he had spent on the reader board for
38 the east side. He said he was therefore only looking for a variance
39 that evening for a sign which .would "replace the 'Mr. Hobo' atmosphere
40 from that area. "
41 He indicated the sign surface had been cleaned up and painted over to
42 look much better and was now requesting to put up the "Mickey D' s"
.43 sign to face away from the neighborhood. He reiterated that the sign
44 "would be much less signage" and would give off less light for the
45 closest home in which the previous Mr. Hobo owner lives .
4 •
'01 Mr . Farrell - indicated he had "already .spent $100 , 000 fixing the
2 building up" acid said he would. -. have never spent that kind of money
3 without believing he• would get adequate signage. 7- Mr . Gow indicated he
4 perceived the Commission should take the fact that the signs were i
5 made locally, :weren' t: ''ch-intzy" and were "the best in the country" �
6 when deciding on the variance. .-
7 No one else was present to -provide further input and the Chair
8 closed the hearing at 8 : 09 P.M. - for development of a recommendation to
9 the Council.
10 Franzese: perceived the applicants had negotiated in good faith for
11 the front sign which is already up;
12 indicated it might be a matter of educating staff further
13 regarding the sign ordinance so miscommunications related to
14 signage could be avoided in- the future;
15 said as she saw it, by ordinance calculation, there were
16 already 141 square feet of signage where the ordinance only
17 allows 100 and the applicants were now asking for a variance
18 for an additional 64 square feet. by the City' s calculations ,
19 27 by their own;
0 reiterated that the community was glad to see the new rest-
1 aurant come in but there was a definite conflict with the
22 Sign Ordinance.
23 Madden: said he felt if the applicants were given approval for 82
24 square feet of signage by their calculations unless there ' s.
25 a reason for doubting their word, the Commission should
26 start from that premise.
27 Childs : indicated he had confirmed that 82 square feet was what Mr.
28 Hamer had approved with the permit dated November 18th, the
29 day after the hearing;
30 again read the City Ordinance which he thought sign com-
31 panies usually consulted before proposing signage;
32 considering that the drawing for the roof sign talked about
33 borders , etc . , indicated he thought the Commission had to be
34 considering a variance for 64 square feet of signage ;
35 reiterated that the notice of the hearing had said 27
36 square feet of roof signage based on the sign company' s
37 October 30th letter , but the drawing for the 8 X 8 foot
38 sign had not been seen before Tim Gow distributed it at the
39 hearing and told exactly how the City Ordinance would
40 calculate the surface.
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1 Gow: interjected that Mr. Hamer had seen the drawing of the •
2 sign drawn to scale but without dimensions indicated on it.
3 Wagner: agreed that the Commission had to accept the front sign as
4 a "legal approved" sign but did not have to agree it .was
5 "an 82 square foot sign, but rather whatever size our
6 ordinance says it is . "
7 Madden: said that was right, but in considering a variance, "the.
8 City had to consider 82 square feet is up there now. " ;
9 agreed '64 square feet in addition to the 82 would be "too
10 much" but didn' t have a firm feel for approving or dis-
11 approving a variance for a second sign.
12 Werenicz : found it "irritating" that this was almost a repeat of what
13 happened at . the Dairy Queen where a businessman had spent
14 money on signs based on erroneous information from a City
15 official;
16 indicated he would consider the existing sign to be 141
17 square feet, which exceeds the City Ordinance and not
18 grant a variance for any more signage.
19 Wagner : agreed the existing sign might be a "legal" sign which is
20 141 square feet, according to our ordinance and therefore .
21 more than the 100 square feet allowed that business , making
22 it "in effect a variance, and all we should grant for this
23 building. "
24 Hansen: agreed with that assumption, saying he had driven all around
25 the area and perceived the exposure is there and saw no
26 location from which identification would be missing;
27 said signage would be a key factor in the redevelopment of
28 that particular area and the city was in fact talking about
29 decreasing the amount of retail which would be replaced with
30 housing;
31 indicated he perceived it would be a mistake to start in-
32 creasing signage from what the ordinance allowed now and
33 -could be a detriment to the new development going into the
34 shopping center;
35 concurred that an error had been made but said he didn' t
36 find the sign which had gone up to be offensive. But stated
37 does find the pylon structure on the roof offensive even
38 without signage.
39 London: generally agreed with Commissioners who have said the Com-
40 mission should acknowledge this to be a legal sign which is
41 already approved by the City Building Inspector; •
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•1 perceived - the City' s:-options were limited by the :fact : the
2 sign is already up and paid. for;
3 wouldn' t vote to bring.:. the si.gnage any further - over :the
4 amount allowed by the ordinance;
5 said he would approve the sign as it sits and that would
6 be it.
7 Wagner : said he could go along with staff ' s recommendation to--split
8 the front sign into two signs with one put on the east side
9 if the owner really felt the need for two exposures.
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10 Hansen: indicated he could go along with that suggestion;
11 added that if the sign company had taken more time for more
12 discussions with the City, that could have been done from
13 the start, eliminating some of the work which is already
14 done.
15 Franzese: agreed the City had to accept the front sign as approved,
16 however , perceived the Commission' s charge was also to
17 encourage commercial activity; and
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19 perceived there might be a need for signage on the east
00 side as well as the front of the building to catch the
1 attention of anyone driving south on 88 or coming across
22 the bridge from St . Paul who cannot see the sign which is
23 already up;
24
25 but did not see the need for the big sign on the -top
26 because any sign on that side of the building would have
27 visibility;
28 believed that whether moving the words "Family Restaurant"
29 to the east side, or what, some identification was neces-
30 sary within the realm of ,helping them do a good business
31 and succeed in that location.
32 Childs : reiterated . for the benefit of the .sign company representa-
33 tive that the way he saw it was that the Planning Commission
34 had met on the 17th and discussed fully just how the ordin-
35 ance would calculate the square footage on the drawing: they
36 had presented for the front sign, pointing out to them that
37 perhaps their calculations were wrong and the next day they
38 went in and applied for a permit for a sign, using the
39 same calculations .
40
41 indicated he was -willing to take the responsibility for
42 the staff error and for handling it with the Building
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1 Inspector- but wanted the - record- to show there had been full
2 'discussions on the .subject the. prior evening. - , •
3 Franzese: .indic'ated...she had the same recollections and: was just trying
4 to- bend over a bit to iet the proprietors know the Commis-
5 sion was glad to have them .in the community.
. 6 Hansen: said from reading the minutes , he agreed that the applicants
7 had ignored the Commission' s recommendations' to clear. the
8 matter up before putting up the sign.
9 Werenicz.: asked whether the restaurant would be open to splitting the
10 front sign to put "Family Restaurant" on the east side:.for
11 better exposure because he would be opposed to recommending
11 anything else on the side as long as they retained the-
13 signage - on the front.
14 Mr . Farrell said he "would have to tear down the whole front to do
15 that and it would cost him $17 , 000 to tear down the existing pylon
16 sign on the roof , and it would only cost about $2 , 300 to put the
17 proposed sign up instead. He said he had not even connected the front
18 sign yet because "the pylon_ is where . all the power is" . He told
19 Commissioner Werenicz the letters in the front sign are specially
20 constructed to connect to the mansard roof.
21 During the development of a motion the City Manager indicated he
22 perceived that the fact that the . permit had been granted in error
23 would not make the front sign a non-conforming sign, and, even though
24 there had been a staff error in this case, a variance to allow the
25 excessive signage to remain would probably be in order. Mr. Childs
26 recalled that case law had already ruled that administrative error
27 didn' t make something legal or necessarily make the City liable for
28 the error. He therefore disagreed with Commissioner Madden that a
29 variance was unnecessary.
30 The Manager also pointed out that he knew the Commissioners didn' t
31 intend to let the Dairy Queen keep all - the signage the owner con-
32 tended had been approved by someone in the City offices without a
33 variance and it would not now be fair to treat this business any
34 differently. Mr. Childs told Mr. Farrell the copy on the pylon could
35 not be considered to be "grandfathered in" since it had been turned
36 off a long time. now since the restaurant had been closed.
37 Commissioner Hansen told Commissioner Madden he perceived the Commis-
38 sion would have protested the _ excessive signage even if no further
39 variances were sought.
40 Commission Recommendation
41 Motion by Werenicz , seconded by Wagner to recommend to the Council .
42 that a. variance be granted to the business known as "Mickey D' s.
43 Family Restaurant" .at 2905 Kenzie -Terrace for the signage which has
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1 already been erected -on, the . front :portion of. the - building for.- the 41
S2 square feet .o.ver . the 103 - square feet the City Sign ..Ordinance allows
3 that .building .. and that; no additional. , variances be granted for .addi-..
4 tional signage on the. sr-ructure.
5 Motion carried unanimously.
6 Before the applicants left, .Mr. Childs clarified the question of the
7 pylon sign further by telling them, that since the ordinance only.
8 allowed them one sign when they got permission to put up -the front
9 sign, that was given in lieu of the roof sign and the reader board
10 for which -they had been advised they would have to seek variances.
11 , They had, in effect, given up their right to keep the pylon sign when
12 they put up the front sign.
13 Welcome Reiterated
14 Commissioners Hansen and Wagner told Mr. Farrell they were glad to
15 have such a good business replace the unsuccessful one which had
16 previously been in that location and they anticipated they and their
17 families would be among the many St. Anthony residents who would take
18 - advantage of home style cooking.
19
20 All Commissioners Concur That Rapid Oil ' s Pylon Sign Has to Come Down
21 At 8 : 35 P.M. , the Chair continued the November . 17th hearing to
0 2 consider a Petition for ' S-ign Variance from Mark Gilbertson, Project
3 Manager for Rapid Oil Change, to allow the business at 3701 Silver
24 Lake Road to leave in place an existing, non-conforming, free-standing
25 sign on their property at the corner of 37th Avenue and Silver Lake
26 Road.
27 Staff Mr . Childs recalled the sign in question had been allowed
28 Report: Rapid Oil when they took over this property in 1984 and
29 while they were still selling gasoline as an auxiliary to
30 the quick lube service Rapid Oil Change normally offers
31 its customers at its other locations;
32 read aloud the portion of the ordinance which indicated
33 .free-standing signs were only permitted to stations
34 which "shall be allowed in . addition to all other authorized
35 signs , one pylon sign to identify the gasoline brand" ;
36 reported that at some point this summer Rapid Oil had
37 ceased to sell gasoline, having removed the last two pump
38 islands . This had resulted in the City telling them to
39 remove the pylon sign and the company' s decision to apply
40 for a variance to retain the signage;
41
42 reiterated that because of the company' s concern that people
43 might think they had left that corner when the business is
44 shut down for remodeling, he. was recommending removal not-be
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1 required - until after the reconstruction is completed. which !
2 the company representatives have said could take 90 days ;
3 however, thought it was -important that a firm date for re-
4 moval be placed on that allowance. i
5 Proponents : Mr . Gilbertson, who reiterated that an important justi-
6 fication for retaining the sign had erroneously been
7 omitted from his ."Statement of Hardships" which had .
8 accompanied the petition;
9 said that involved the loss of gas sales. profits Rapid
1.0 Oil had experienced when condemnation and reconstruc-
111 tion of 37th Avenue had made it economically unfeasible
12 for the company to make the investment necessary to re-
13 place and continue with only two pumps after the two
14 islands had to be taken out to widen that intersection;
15 told Commissioner Hansen they would be reducing the
16 total signage on the buildinq during remodeling which
17 would require them to completely close down the
18 business for around three weeks .
19 Steve Moldenhauer , Regional Manager for Rapid Oil
20 Change, also reiterated testimony he had given Nov-
21 ember 17th related to the effect the loss of land had •
22 on his company' s ability to continue in the gas busin-
23. ess , including the property congestion which followed.
24 the widening of 37th;
25 told Commissioner Hansen Rapid Oil sells gas in a
26 couple other locations in the Twin Cities ;
27
28 in answer to questions related to the tanks having to
29 be removed even if the roadway had not been widened,
30 said the environmental conditions of the tanks were
31 still all right although there was always a possibil-
32 ity for leaks in tanks X15 or 20 years old.
33 Commissioners Perceive Insufficient Justification for Allowing Pylon
34 to Remain
35 No one else was present to provide further input to the discussion and
36 the Chair closed the. hearing at 8 : 45 P.M. for the following Commis-
37 sioner comments :
38 Hansen: indicated he had always been concerned about the proximity
39 of the gas pumps to that intersection and he foresaw ,there
40 might be problems with leaving that pylon sign on that
41 corner now that the whole intersection- had been widened;
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rioted- that the pylon 'didn'_t . even match the color .or- letter-
ing on the' .existing .building. �4
3 Wagner : questioned whether condemnation -proceedings might not have
4 already started when Rapid Oil took over the property;
5 was told by the Manager that with public hearings starting .
6 way back in the 70 ' s on the project, he was quite certain
7 references to the widening would have had to be included
8 in the title investigation which preceded Rapid Oil ' s acqui-
9 sition of that property;
10 indicated he agreed with other Commissioners ' observations
11 during the November 17th hearing, that even without the
12 pylon, Rapid Oil enjoyed better visibility than the
13 neighboring businesses;
14 concluded by stating he perceived the pylon had to come down
15 because the business is not a gas station and the sign is
16 now in violation of the City Ordinance relating to free-
17 standing signs .
18 Commissioners Madden, Werenicz , and London concurred that the pylon
19 sign should be removed in the following motion:
Commission Recommendation
21 Motion by Hansen, seconded by Werenicz to recommend the Council :deny
22 the request from Rapid Oil Change for a variance from the provisions
23 of the City Sign Ordinance which allows free-standing signs for only
24 gas stations but to allow them to retain the non-conforming free-
25 standing sign at 3701 Silver Lake Road until their remodeling is
26 completed sometime in the early spring with the stipulation that the
27 sign -must be removed upon completion of remodeling but no later than
28 June 1 , 1988 . In recommending denial , the Planning Commission finds
29 that since the business no longer sells gas , the pylon sign would be
30 in violation of the exceptions for gas stations stated in the Sign
31 Ordinance .
32 Motion carried unanimously.
33 Commission Concurs With Concept of Low Profile Development of American
34 Monarch Property
35 In their agenda packet , Commissioners had been provided with copies of
36 the October 21st request from American Monarch manager, Ed Fiore ; site
37 drawings of the plant property at 2801-37th Avenue N.E. ; and minutes
38 of the meetings early in 1979 where both the Planning Commission and
39 Council had extensively explored further development of the property
40 with a large number of the neighbors .
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1 A they had- in' 1979 , the major. thrusts of the informal discussion with {
2 Pqr . Fiore- centered around- American Monarch 's year-to-year lease of
3 .land •from - the . • Soo Line :Railroad for parking and the "gentlemen' s
4- - agreement" reached that year relative to the retention of about 1-1/2 i
5, acres of unused property to the east for additional parking in the
6 event of plant growth in the future.
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7 Mr. Fiore indicated, as he had stated in his letter, that was not i
8 likely to happen now that his company' s owners in the East had made a
9 corporate decision ' that no further expansion would be made in Min-
10 nesota because of what was perceived to be a "poor business climate" '
11 in the state.
12 When Chair Franzese indicated a concern there might not be enough
13 parking potential for the company who might replace American Monarch
14 if the corporate misgivings about Minnesota made them decide to move
15 the entire company, Mr. Fiore assured her there was very little
16 likelihood that would ever happen because he said his company had too
17 much invested here to move the whole plant and, even when the number
18 of employees reached the 200 cap, in five years or so he would expect
19 only a portion of the plant to be moved.
20 Mr . Fiore also assured the Chair that, as a member of American
21 Monarch' s Board of Directors , he would be vigorously lobbying against
22 any such move , having moved his whole family from the East and having
23 bought a home in Andover and a place up north..
24 The plant manager recalled the furor with which the neighbors had
25 greeted a suggestion in 1979 , the first year he was in St. Anthony,
26 that a Country Kitchen Restaurant be erected on the company property
27 just west of the gas station on the corner which had prompted : him to
28 tell the realtors and land speculators who were looking at the
29 property that nothing more active than a low visibility professional
30 building with traffic compatible to a residential neighborhood would
31 be acceptable.
32 Mr . Fiore indicated they had returned to tell him there was a market
33 of between $160 , 000 and $250 , 000 for that one and one and one-half
34 acres between the plant building and the Amoco station which would
35 leave the plant 128 parking places on plant property and an additional
36 100 spaces on land for which the company now pays $7 , 800 a year to
37 lease from the Soo Line. The ordinance requires 170 parking spaces
38 for this building.
39 Mr. Childs pointed out that there was also space available for parking
40 on the 150 X 70 foot grassy area on the west side which was not -being
41 utilized, where it might be possible to fit in 50 additional parking
42 spaces without encroaching the area currently used for a truck
43 driveway.
44 Commissioner Wagner pointed out that large car sizes had probably •
45 been used in determining the.-number of parking spaces on the property
12
• 1 which: could .: probably be ,, downsized .today, ,to match the prevalence of:
2 compact cars.
3 Mr. ,Fiore . restated for the benefit of Commissioner Werenicz that "we
4 have to- live here and would want to make sure something attractive
5 which the neighbors would not oppose would go into that space.
6 Commission Reaction
7 Wagner and no opposition at all .
8 Hansen:
9 Franzese : would like to see a type of business in there which
10 would give St . Anthony a younger look;
it might attract younger families to live in the City.
12 Werenicz : liked the concept of professional building.
13 Madden: would favor the development of unused property for
14 something "tasteful" .
15 London: would like to see the land used for an attractive
16 building rather than to sit empty.
17 The following was formulated as a "vote of confidence" for the
08 proposal:
19 Motion by Franzese, seconded by Hansen to indicate the Council the
20 Planning Commission ' s unanimous approval of American Monarch Cor
21 poration ' s concept for developing the unused property they own to the
22 west as proposed by the plant manager , Ed Fiore.
23 Motion carried unanimously.
24 Mr. Childs indicated he would not expect Mr . Fiore would have to be
25 present at the Council meeting where the above was presented since
26 only a concept review was involved and staff would be able to let him
27 know if any opposition to his proposal developed on the Council. He
28 would be surprised -to see that happen, he said, since the property is
29 zoned industrial and "hopefully something will be developed there
30 which will please everybody. "
31 Brief Manager reports on the development of the final phases of the
32 Kenzie Terrace Redevelopment :Project ; the traffic signal onK'enzie
33 Terrace ; the community survey which would be taken from December 14th
34 through the 18th and the opening of Mannings Restaurant in the
35 Stonehouse preceded adjournment .
36 Commissioners were advised there was no business to be considered at
37 the December 15th meeting, -which would be cancelled.
•
13
1 ADJOURNMENT
2 Motion by Madden, ' seconded- by Wagner to .adjourn the Planning Commis-
3 sion at 9 : 10 , P.M-. -
4 Motion carried unanimously.
5 Respectfully submitted,
6 Helen Crowe, Secretary
7 : cjk
8
•
14
F ti
air h®�
illa e
SATE : AP OVAL, -
January 14, 1988 v' >)
T O
Planning Commission Members
FROM s
David M. Childs City Manager
ITEM APACHE SQUARES SHOPPING CENTER - SIGNAGE
According to Section 430:40, Subd. 8.b. (3) of the City Sign Code (attached) , a
free-standing sign for a shopping center (up to 300 square feet in size) is allowed
subject to approval of the City Council .
EFH Co. , owners of the Apache Squares Shopping Center west of Apache Plaza on 39th
Avenue N.E. , are requesting such a sign as shown on the attached sketches.
They have also enclosed, for your review, a copy of their overall sign plan for the
individual businesses in the center.
The sign ordinance allows up to 300 square feet for the free-standing sign. The pro-
posed sign contains 80 square feet of sign surface area.
With respect to the building wall signs for each business - with four businesses,
each would be allowed 88 square feet of wall signage and the sign plan shows a
maximum of 28 square feet per sign (18 inches X 16 feet plus 4 square feet for
logo). Even with 8 separate entities in the building - they would comply with the
square footage requirements of the ordinance.
:cjk1.19.88
Date: December 15 , 1987.
Fee: $25 .00
CITY OF ST. ANTHONY
PETITION FOR SIGN yWMe2dW-EA{JPRO,4',t�t.
Applicant: Apache Property Phone: 890-6450
Address: 1601 E. Highway 13, Suite 204, Burnsville Minnesota
Status of applicant (owner, buyer, renter, agent, etc. ) : owner
- rov
Legal description of property petitioned for Lots 4 and 6 ,
Block 1, APACHE PLAZA; Lot 2 Block 2 APACHE PLAZA
Street Address: 2504 - 2524 39th Avenue N E , St Anthony
Zoning district in which property is located:
• Request: pylon sign identifying retail center
--------------------------------------
----------------- ------------�- _ _ -- -------------_
Signature of Applicant:
Signature of Owner (if other than applicant) :
� � Se�� �� S•�d 5_ �m� \� e- I1 �-�•�30 : Sul,-d 3
Section 430-
_ Page .-1 1
�' - Manager, may erect and maintain a maximum of three -directional
signs on municipal rights-of-way; provided, that -no church may
erect or maintain more than one such sign at any intersection.
b. The following signs are allowed in a "B" Service Office Limited
Business District and "C" Commercial Districts and may be
erected after obtaining a permit and paying required license
fee as duly set by the Council from time to time:
1 . One identification sign per commercial establishment, having
not more than 2 square feet of surface area per lineal foot
of business frontage, up to a maximum of 150 square feet;
provided that the total area of all wall signs affixed to a
wall shall not exceed 15% of the total area of that wall .
2. A gasoline station shall be allowed, in addition to all other
authorized signs , one pylon sign to identify the gasoline
brand, which shall not exceed 30 feet in height and which shall
have a minimum clearance of 12 feet from the basic grade
level to the lowest element of the sign surface and which
shall not exceed 50 square feet in sign surface area. Such
an establishment shall also be allowed one price sign, not
to exceed 8 square feet in sign surface area, for each
frontage having a curb cut. Such freestanding sign and
price signs shall be in addition to those signs allowed in
�. Part b. (1) of this Subdivision.
3. Subject to approval of the Council . a shopping center may
be allowed a pylon sign not exceeding 300 square feet in
sign surface area.
4. A commercial establishment located within a shopping center,
having no outside frontage, shall be allowed a surface sign
area of one-half of that which it would be allowed if it
had outside frontage.
i
5. Commercial establishments shall be allowed, in addition to
all other authorized signs, one historical identification
symbol , not exceeding 5 square feet in sign surface area.
c. The following signs are permitted in a Light Industrial District
and may be erected after obtaining a permit and paying re-
quired license fee as duly set by the Council from time to time.
1. One business or identification canopy or wall sign per tenant
as regulated in part b.(1) of this Subdivision or one
i freestanding sign as regulated and permitted in 430:40,
Subd. 6.
2. In a district zoned for light industrial businesses, signs
containing one square foot for every 100 square feet of
ground floor space 'shall be allowed up to a total sign
surface area of 150 square feet.
f
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APACHE . .
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CROSSTOWN SIGN .
10166 CENTRAL.AVE. N.E.
MINNEAPOLIS. MN 55434
GRA&E
SHOPPING CENTER COMPREHENSIVE SIGN PLAN
APACHE SQUARES
Maximum length of each sign to be 16 feet long
- Individual illuminated letters 12" - 18" high
Logos not to exceed 24" in height
Colors to coordinate with building colors as well as
possible
Placement to be as shown on attached rendering
C 2 TY OF' ST m A1*%YT1-IONY
• - �' - COUI�C I L� M=NUTE�S
N OV E MB E R 1 0 0 1 9 8 7
1 The meeting -was opened at 7 : 30 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks , tanallo, Sundland, .Enrooth, Makowske.
4 Also present: . David Childs , City Manager .
5 William Soth, City Attorney
6 Richard Krier, Development Advisory Services,
7 H.R.A. Consultant
8 Allan Hamel , President, Gaughan Company,
9 Redeveloper
10 OCTOBER 27 , 1987 COUNCIL MINUTES
11 Motion by Makowske, seconded by Enrooth to approve with the following
12 changes:
13 Page 2 , line 20 : Correct typo. "matters" .
14 Page 8 , line 30 : Change to read "ratio of Maintenance I to Main-
15 tenance II employees be changed" following "that
16 the" .
07 Motion carried unanimously.
18 LICENSES/PERMITS/PETITIONS
19 Motion by Marks , seconded by Sundland to grant the following licenses
20 as listed in the November 10th Council agenda packet:
21 Contractors
22 Mr. Siding, Inc . , Coon Rapids
23 Retail Construction Services , Inc. , St . Paul
24 Deckworks , Minneapolis
25 Heating
26 Key Metalcraft
27 Allan Mechanical, Inc.
28 Motion carried unanimously.
29 CLAIMS
30 -Motion by Makowske, seconded by Marks , to approve payment of all
31 verified City accounts payable listed for November= 10 , 1987 in .the
32 Council agenda packet of the same date.
•33 Motion carried unanimously.
� 1
1 Mot-ion by-. Marks.; seconded -,by Enrooth .to approve payment of $990 . 94 ,-as •
2 the 'City' s-- share of- costs for work.- performed: and expenses . incurred .in
3 connection with• - the consulting services provided by. Bruce -A. - Lies.ch
4 Associates ; Inc. from August 2 to October 10 , 1987 in conjunction with
5 "- St. * Anthony' s lawsuit against . the. . U. S . Army et al relative to the
6 City' s water contamination problems .
7 Motion carried unanimously.
8 Motion by Marks, seconded by Enrooth to approve payment of $3 ,740 . 84
9 to BWBR Architects for St. Anthony liquor warehouse construction
10 administration through September 23 , 1987 to be paid for from
11 Liquor Fund.
12 Motion carried unanimously.
13 Motion by Ranallo, seconded by Marks to approve payment of $85 , 751 . 00
14 to Fullerton Lumber Co. for construction services on the liquor
15 . warehouse addition from August 31 to October 30 , 1987 , also to be paid
16 from the Liquor Fund.
17 Motion carried unanimously.
18 Motion by Enrooth,. seconded by Marks to approve payment of $878 . 75 to
19' the Dorsey & Whitney law firm for legal services rendered from
20 September 1 through September 30 , 1987 .
21
22 Motion carried unanimously.
23 Motion by Marks , seconded by Makowske to approve payment .of $2 , 200 to
24 the Hance & LeVahn law firm for legal services rendered for the month
25 of November , 1987 , relative to St. Anthony prosecutions.
26 Motion carried unanimously.
27 Cable Commission Representative Urges Council Meetings Be Televised
28 Bootsie Anderson, North Suburban Cable Commission' s Administrator had
29 requested she be allowed to address the Council relative to the
30 problems they and other members of the ten communities who were served
31 by the Commission were experiencing with the new TV North Central
32 Cable Company. She acknowledged the cable company was "failing
33 miserably" when it came to service or response to subscribers com-
34 plaints and indicated the quickest way to get something done would be
35 to call her at the Falcon Heights City Hall number and let her make
36 the contact. Ms. Anderson said that way she• would have a record to
37 confront the cable company with when they again applied to seek new
38 customers. She also indicated Congress had seen the mistake they had
39 made with the Cable Company .Public Act of 1986 and information- like
40 this would support efforts to return to local control of cable
41 companies .
•
2
• 1 'The Commission representative told the Councilmembers they and
:f 2 Lauderdale Councilmembers were the only ones out , of ten comm unities
3 the :--Commission represents who were not .televising their council
4 meetings and said she would be glad to bring a : cable company tech-
5 nician and help staff televise the first few Council -meetings as soon .
6 as the equipment problems which prevented the recent candidates forum
7 from being seen in St. Anthony before the elections , are solved. Ms .
8 Anderson. suggested the Councilmembers might be more -comfortable with
9 taped meetings at first but said she was certain the City - ,officials .
10 would find, just as New Brighton, Roseville , and Shoreview Councilmem-
11 bers did, that live telecasts were not half as frightening as they
12 might seem -at first. The Cable Commission representative reported
13 Councilmembers from the other communities had been very surprised to
14 learn how many of their constituents viewed their telecasts on a
15 regular basis ,. even late into the night. Even more surprising, had
16 been the increase in resident involvement and input in community
17 issues.
18 Councilmember Marks indicated he had concluded after talking to people
19 during his campaign for re-.election that there was a lot of -misinfor-
20 mation out in the community about how the Council and City operates ,
21 which might be corrected if residents could see for themselves how
22 Council and other City related commissions operate.
23 Councilmember Ranallo indicated Ms. Anderson' s presentation had given
•24 him some hope that the community' s problems with the cable company
25 might be solved and viewership increased from the current level of
26 approximately 28%, if the community' s Public Channel 16 started to
27 televise programs which interested the residents. The Council
28 consensus was that Council training sessions would be very helpful and
29 that the first telecasts of Council meetings should be scheduled after
30 the first of the year , following the completion of the community
31 survey to be discussed later that evening.
32 There was also agreement .that Police and Fire Department personnel
33 should be trained to use the character generator cable equipment to
34 broadcast printed emergency messages to the community. It was also
35 perceived there might be a benefit to having Planning Commission,
36 Chemical Awareness and Community Service Committee meetings and
37 activities as well as future joint City/School meetings broadcast.
38 Volunteers from the high school, colleges or senior residents would be
39 sought to operate the cameras ..
40 Mr . Childs noted, that the City did have a cable franchise budget which
41 might cover the costs of film, etc. , and said he would be :working
42 with 'Ms . Anderson on the scheduling of the first training sessions to
43 familiarize Councilmembers with televising techniques .
44 REPORTS
45 NOVEMBER 4 , 1987 SPECIAL PLANNING COMMISSION MEETING MINUTES - GEORGE
• 46 WAGNER
3
A
I
1 P.U,.D. Amendments Accepted for P. J-. Gaughan Proposal for Kenzie i
2 Terrace Redevelopment Project
3 Commissioner 'Wagner .prefaced his report on the above by offering his
4 congratulations -to- the staff and Council for scheduling a good
5 neighbor communication meeting before the Planning Commission hearing,
6 which he perceived had expedited the public .hearing process and
7 resulted in no real concerns or objections to the project being
8 vocalized during the hearing. The Commissioner stated that it was a
9 privilege for him to be able to present what he perceived was finally
10 a solution ' to previous problems with 'getting a workable project for
11 the final phase of this redevelopment endeavor.
12 The Gaughan proposal was well received by the Commissioners , and the
13 few residents who participated in the discussions, according to
14 Commissioner Wagner , who then reported the Commission' s recommendation
15 related to the variances to the P.U.D. which would be necessary for
16 the Council to grant before the project could go forward. The
17 Commissioner then pointed out that the variance having to do with the
18 setbacks resulting from having to resite the building after a new
19 survey was made had not been specifically stated as intended in the
20 Commission' s recommendation of approval. The designation ' of hours
21 when construction would be restricted was also corrected to indicate
22 no disruption of the neighborhood-would be allowed during the evening
23 or early .morning hours .
24 Consultant ' s Report Accepted for Council Approval •
25 Councilmembers had been provided with copies of a 4 page memorandum
26 from Mr. Krier in which the H.R.A. Consultant had made some recommen-
27 dations based on his review of the site and had cleared with the
28 redeveloper which Mr. Childs indicated he thought should- be incor-
29 porated into the Council ' s motion of approval.
30 Mr. Krier reported "monumental" problems with the legal description of
31 the property and the survey which Arkell had used for the project,
32 which had not been resolved until after the Planning Commission
33 hearing. These included a loss of 40 feet on the Kenzie Terrace side ,
34 Mr. Hamel said.
35 Even though there was now less land to work with than originally
36 planned for, the H.R.A. Consultant reported the developer had been
37 able to redraw the site plans in such a 'manner as to require no
38 setback variances., except for the side of the building closest to the
39 vacated Coolidge Street, however , where there would be ample space
40 between the structure and the proposed public walk.
41 Mr . Krier specifically discussed some of his recommendations , includ-
42 ing the redesigning and signalization of the Kenzie Terrace intersec-
43 tion between the project and the Kenzington. accesses which had been
44 proposed by the Rieke Carroll Muller traffic engineer during his •
4
J
•1 meeting-with Mr. Krier ,, Mr . .. Hamel• and the Gaughan .architect- the day
2 after t;:le Commission hearing.,. The .changes in :the ,configuration' of the
3 medians and• the existing project. access- road as. well as the. plans for
4 the CDBG' funded, 5 phased, pedestrian and auto- . activated signal were
5 illustrated- on-,.- the blackboard. by the H.R.A. consultant, who indicated
6 the redeveloper had approved the changes in .the .access roadway.
7 He also reported the redeveloper _ had just that afternoon agreed to
8 obtain a letter approving the- connections with Minneapolis utilities
9 from the Minneapolis City Engineer, perceiving such approval would be
10 necessary anyway before an excavation permit to cut into Lowry Avenue
11 would be issued.
12 Council Action
13 Motion by Ranallo; seconded by Marks to amend the Planned Unit
14 Development Concept and Detailed Plan adopted in November, 1986 , for
15 the final phases of the Kenzie Terrace Redevelopment Project to
16 include ( a) the revised site plans , dated November 10 , 1987 , as
17 presented by the Gaughan company during the Council ' s November 10 ,
18 1987 meeting and (b) the conditions for approval as stipulated in the
19 four page November 6th letter from Development Advisory Services , the
20 H.R.A. Consultant.
21 The Council, therefore grants the variances to the City Zoning Or-
462 dinance .necessary for the project to include a four unit density
3 variance for 28 units where the Ordinance allows 24 ; and a 7 foot
24 height variance_ to the Ordinance allowance of buildings no higher than
25 35 feet which would allow the proposed structures to be a little over
26 42 feet high from grade to roof peak.
27 The Council adopts all the following findings and recommendations from
28 the Planning Commission, declaring that wherever there is a conflict
29 with .the November 6th letter from Development Advisory Services , the
30 H.R.A. planning consultant ' s recommendations would override the
31 Commission' s :
32 *all- drainage and utility features of the plan would be
33 reviewed by the City a building permit is issued;
34 *the traffic specialist' s advice be followed to assure ade-
35 quate and safe vehicle and facility access to the project.;
36 *the August plans dealing with basic structure exteriors and
37 grade elevations would become a reference for final approval;
38 *the second access for emergency vehicles proposed by the
39 developers be provided through the parking lot ;
40 *City Ordinance prohibition of unnecessary storage on balconies;
`1
5
i
i
1 - *walkways be provided from Coolidge Street and.•Kenzie Terrace •
2 ...through the.-project to- the shopping center, as proposed by. the .
3 developers for the convenience of -the area .residents.;
- 4 *restriction of construction between .7 : 00 P.M. and 7 : 00 A.M. to
5* avoid.' unnecessary disruption of the -neighborhood.
6 The Council also concurs with the Commission recommendation that the
7 Final Plan for the project should address lighting and signage for
8 the project as well as provision for. resident storage in the buildings
9 and interior walkways within the project.
10 Motion carried unanimously.
11 Mr. Childs advised that the Final Plan, including construction plans ,
12 . etc . , would have to be - submitted by the redeveloper prior to the
13 placement of the revenue bonds.
14 Redeveloper Discusses Financing Problems Due to Raise in Bond Interest
15 Rate
16 Mr. Hamel indicated that his firm had anticipated paying .8-1/2a for a
17 10 year unrated, non-credit enhanced bond issue with a 30 year amor-
18 tization, but those rates had been raised to 9-1/2% and on October
19 19th, the same day the neighborhood meeting had been held, Norwest of
20 St. Paul had raised their charges for backing a Letter of Credit from •
21 to to 20 for bonds outstanding for more than one year.
22 The Gaughan' Company President told the Councilmembers his company
23 intended to use every tool they had available to pursue the project
24 and would continue looking for a financial program which would work
25 with the construction and developing costs and rents anticipated for
26 the project. He added that the bond overwriters have said they
27 anticipated better interest rates after the first of the year.
28
29 Council Accepts Revised Grading Plans for Evanson Project
30 David Evanson was present to discuss the minor change in elevations in
31 the plat approved for the parcel of . land he owned in the 3500 block
32 between Silver Lake Road and Belden Drive . The Council agenda
33 contained copies of the original and revised grading plans , as well as
34 the City Manager ' s November 2nd memorandum to the Planning Commission
35 members .
36 Commissioner Wagner indicated the Commissioners had perceived the
37 revisions actually represented an improvement' in the drainage and
38 recommended Council approval .
39 Mr. Evanson assured Councilmember Enrooth that he had cleared the
40 changes with both Mr.- Larwick and Mr. Forsberg after the Planning
41 Commission meeting and both had indicated they found the changes made
42 his project more palatable . •
6
1 Council Action
•2 Motion b Makowske ,. seconded by Ranaallo to approve- ..-the October 14 , .
3 - 1987 revised grading plans .for. Gardena . Heights as provided.- in- the
4 Council ' s November 10 , 1987 agenda packet.
i
5 Motion carried unanimously.
6 COUNCIL
7 City Officials Visit St . Charles Borromeo Classroom
8 Mayor Sundland reported how much he and City Manager Childs. had
9 enjoyed their visit with St. Charles third grade students and teacher,
10 Mrs . Marjorie Gottwalt last month. He said the children asked many
11 good questions about City government and seemed to enjoy the visit as
12 much as. he and Mr . Childs sid. The Mayor indicated he had learned
13 later that Fire Chief Entner had also responded to the class ' s request
14 for information related to his department.
15 Marks Reports Upcoming Youth Service Bureau Recognition Banquet,
16 November 12th
17 The Councilmember. urged attendance at the above annual event where Don
18 Shelby of WCCO TV would be the main speaker ; "the folks who do out-
19 standing things for kids" would be recognized; and the various Bureau
60 programs highlighted. Dick Wedell , the Mayor of Shoreview, would be
1 the Master of Ceremonies of the affair , which would be held at the
22 Shoreview Plaza Hotel, starting with a social hour at 5 : 30 P..M. - :
23 Councilmember Re orts Government Training Sessions Started
24 Councilmember Marks indicated he had participated in the first state
25 planning and zoning conference in Rockford, where only that City' s
26 staff , Council and Planning Commission were involved. Starting
27 November 13th, the Councilmember reported he would be attending
28 regional conferences in Grand Rapids, . New Ulm, and at the St. Paul
29 Farm Campus , starting the next Friday and ending with the second
30 session in St. Paul next January.
31 DEPARTMENTS AND COMMITTEES
32 Mr. Childs was requested to research the repetition of the phrase "no
33 hit and run offenses for one year" which showed up for the first time
34 in the Hance & LeVahn law firm' s report on prosecution- cases they
35 handled at Hennepin County District Court on October 21 , 1987 .
36 Councilmember Ranallo reported sitting in on three court sessions at
37 Ridgedale where he witnessed first hand how lenient some courts are.
38 The prosecutors ' report as well as the October Fire Department Report
39 were ordered filed as . informational.
7
1 During the 'discussiori of the October liquor operations ' saies summary, ,-
2 Councilmember Rariallo drew .attention. to . the. -latest Minnesota League. of
3' Cities magazine where an analysis. was made of. the St.. Anthony. liquor.,. .
4 operation in 1986-,' which he compared to. the .. .Columbia Heiqhts opera-
5 tion, which tanked second in the state in. net income. The Council-
6 ' member wondered - whether those figures disputed the City Liquor
7 Manager ' s claim that "the business just isn't there" and whether St.
8 Anthony should be making a better effort to improve its operation.
9, The report was ordered filed after the City Manager had acknowledged
10 his comments.
11 CITY MANAGER REPORTS .
12 November 3, 1987 Staff Meeting Notes
13 *Amoco Representatives Demonstrate Safety of Oil Pipelines
14 Under St. Anthony
15 In reference to his November 9th meeting to discuss emergency
16 procedures to be followed in the unlikely event that the oil
17 lines which run under the northeast corner of the City should
18 ever rupture, Mr. Childs reiterated much of the information he
19 had given the Council right after the Williams pipeline rupture
20 in Moundsview. He said the lines are lower pressure by the
21 time they reach St. Anthony, having originated in Fargo and
22 terminating in the tanks in Roseville. •
23 Another big difference between the Amoco and the Williams Bros.
24 operations , the Manager said, is the short distance to Amoco ' s
25 closest shutoff between Fridley and Brooklyn Center and Willi-
26 ams ' shutoff which is 40 or 50 miles away. Mr . Childs. drew
27' attention to the fewer deaths attributed to pipeline transporta-
28 tion with far fewer than to either truck or train transporta-
29 tion and said in terms of pipeline maintenance, losses , and
30 problems in the State of Minnesota, there is a magnitude of
31 difference between Amoco and Williams Bros.
32 *Manager Reports On New Police Reserves
33 In reference to Chief Hickerson' s report related to the seven
34 new Police Reserves who are now in training, Mr. Childs said a
35 ' number of these have years of experience in the Minneapolis
36 Reserves , which will require less first response training and
37 - make new programs more probable. He indicated that just as
38 soon as the Reserves receive their uniforms , they would be in
39 for a visit with the Council, probably within a month.
40 Section 8 Inspection Services Contract to be Executed
41 The Metropolitan Council H.R.A. Division Manager had sent copies of
42 , the above updated document to Mayor Sundland . for renewal. Mr . Childs
43 indicated there are a number of Section . 8 certificates available for •
8
.'�1 p'er"sons desiring: to rent in any Ramsey County .housi.ng in St. Anthony
2 and it is the City' s, r.esponsibility--to inspect..,those units before, such
3 persons move in.. . He, reported the City is reimbursed $22 for each
4 unit Public Work' Director Hamer inspects .
5 Council Action
6 Motion by. Marks, seconded by Enrooth to continue the City' s participa-
7 tion in -.the Section 8 program and to direct the execution of the
8 Section 8 Inspection Service Contract in the Council' s November 10th
9 agenda packet.
10 Motion carried unanimously.
11 New Bidding Date Set for Kenzie Terrace Signalization Project
12 Based on a closer look at the Rieke Carroll Muller specifications and
13 further discussions with the Planning Commission and Councilmembers
14 since the last Council meeting, Mr. Childs indicated staff was
15 requesting the bid date on the five phased signal be moved from
16 December 1st to December 15th. He said he perceived the initial
17 communication with the engineers had been incomplete resulting in
18 their basing their $5 , 000 fee estimate on a $40 , 000 project without
19 the auto activated phase the Commissioners considered necessary.
20 Rectifying this oversight brought the RCM bid up to $8 , 000 , which was
0 1 the same as the other engineering firm who had bid on the project had
2 originally proposed. The City Manager told Councilmember Enrooth he
23 was certain the mistake had been unintentional on RCM' s part and
24 indicated he perceived the reason staff hadn' t caught the error at .
25 first had been because the two. engineering firms have submitted
26 proposals on previous projects with varying estimates in the past and
27 the assumption was that the City "was just getting a good deal" on
28 this project.
29 Council Action
30 Motion by Marks , seconded by Ranallo to accept the modified bid from
31 Rieke Carrol Muller Associates , Inc . to provide engineering services
32 on the Kenzie Terrace Signaliza.tion Project for $8 , 000 and to res-
33 chedule the opening of the bids on the project for 2 : 00 P.M. ,
34 December 15 , 1987 .
35 Motion carried unanimously.
36 Manager Reports Executive Session with Attorney Representing the City
37 in the Twin City Army Ammunition Plant Litigat-ion
38 Mr . Childs noted for the record that the Mayor and .Councilmembers had
39 received a status and progress report on the City' s litigation against
40 the U.S . Army -et al in conjunction with St. Anthony' s water contamina-
41 tion problems during the above closed meetinq ,with Dave McDonald of
9
I Briggs and Morgan law -firm; which preceded the -Council meeting - that
2 evening.
3 NEW BUSINESS
4 New Reporter Welcomed by Mayor
5 Mayor' Sundland noted the' presence of Todd .Melby, the -new Northeaster
6 reporter who most of the Councilmembers introduced themselves to
7 , before the meeting started.
8 Phone Survey to be Taken of Community
9 The Council had requested the City Manager to do further research
10 related to a community survey and Mr. Childs had provided that
11 information in his November 6th memorandum. He reiterated that the
12 experts he had consulted had found phone surveys to be more valid than
13 mailed out or delivered surveys because they provided , a more complete
14 cross section of respondents ' being covered in terms of age, sex,
15 income status, location in the community, etc. and that more open
16 ended questions and follow up to responses could be expected from
17 phone surveys.
18 Mr . Childs recommended the Council take the lowest bid of $4 , 800 from
19 Decision Resources , suggesting the costs could be split between sewer ,
20 water , H.R.A. , cable TV, and the General Fund, perceiving each area •
21 would be covered by Decision Resources questions.
22 The Manager stated the following about the survey:
23 *could be taken any time after the first of December and well
24 before the Council ' s next strategic planning session in Febru-
25 ary;
26 *better to be done by professionals since staff would not have
27 the background in statistical research, methods or analysis to
28 guarantee a valid survey;
29 *it had been ten years since such a survey had been taken and the
30 Council needed more current information related to the existing
31 services such as whether they were still needed, how they were
32 viewed by the residents , and whether new services might be nec-
33 essary now that the population is aging;
34 *with 400 calls , Decision Research had- indicated they would . also
35 be able to provide subinfor:mation related to neighborhoods.
36. Councilmember Enrooth said he:
37
38 *considered the other two bids of $6 , 390 and $8 , 468 weren' t even
39 comparable to the type of survey Decision Resources offered with
10
� 1 400 calls and 60 questions , .which seemed to cover all - the issues ..
2 the Council was seeking community . feedback on;
3 *perceived the fact that so many communities Decision. Resources-
4 - had conducted surveys for reported satisfaction- with their work
5 should be taken into account;
6 *agreed a staff conducted' survey might not have the .validity for
7 future recognition;
8 *thought computer generated phone listings would provide. a . true
9 random sampling.
10 Councilmember Ranallo cautioned against the. Council raising the
11 expectations of the citizenry and then not making some response .by
12 either carrying out their suggestions or telling them why they
13 couldn' t be done.
14 Councilmember Makowske recalled some of the discussions Councilmembers
15 had related to funding organizations like the Youth Service Bureau and
16 said she perceived the survey might be a good way for the Council to
17 get a better idea about what type of service the residents want the
18 City to provide.
19 Council Action
�0 Motion by Marks , seconded by Makowske to follow the City Manager ' s
21 recommendation that Decision Resources Ltd. be retained to do a phone
22 survey of the community for $4 , 800 .
23 Motion carried unanimously.
24 UNFINISHED BUSINESS
25 Mayor to Continue Membership in the Northern Mayors Association
26 Further information on the above had been provided by Mayor Sundland
27 and accepted in the following:
28 Council Action
29 Motion by Makowske, seconded by Enrooth to approve payment of $167 . 00
30 for the 1987 Northern Mayors ' Association dues .
31 Motion carried: unanimously.
32 Ordinance Adopting State Uniform Building Code Given Second Reading
33 Mr . Soth indicated he had made some changes in the wording related to
34 fees in Section 3 and related to- violations in Section 4 of the
•35 above.
11
J
I
1 Council Action
'2 Motion '-by Ranal.lo, seconded. by ., Marks to approve the second reading of. .
3 - Ordinance 1987--006 .
4 ORDINANCE 1987-006
5 AN ORDINANCE ADOPTING .THE MINNESOTA STATE BUILDING CODE:
6 PROVIDING FOR 'ITS ADMINISTRATION -AND ENFORCEMENT:
7 REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
8 ALTERATION-, REPAIR, MOVING, REMOVAL, DEMOLITION, -CONVERSION,
9 OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF
10 ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ST. ANTHONY:
11 PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AMENDING
12 SECTION 310 : 00 - OF THE 1973 CODE OF ORDINANCES OF THE
13 CITY OF ST. ANTHONY AND ALL OTHER ORDINANCES- AND
14 PARTS OF ORDINANCES IN CONFLICT THEREWITH
15 Motion carried unanimously.
16 ADJOURNMENT
17* Motion by Marks , seconded by Enrooth to adjourn the meeting at 9 : 15
18 P.M. for the St. Anthony Housing and Redevelopment Authority meeting
19 which followed after a short recess .
20 Motion carried unanimously.
21 Respectfully submitted,
22 Helen Crowe, Secretary
23
24 Mayor
25 ATTEST:
26 City Clerk
27 :cjk
•
12
• C = TY C:)F, ST _ ANTHONY
IOU S = N G AND RED EVE L O PM IF,NT
E S AUT =NU
NOVEMBER 1 0 1 9 8 7
1 The meeting was called to order at 9 : 26 P.M. 'by Chair Sundland.
2 Present for roll call: Vice Chair Enrooth, Secretary/Treasurer Marks,
3 Chair Sundland, and Commissioners Ranallo and
4 Makowske.
5 Also present: David Childs, Executive Director
6 William Soth, H.R.A. Attorney
7 Richard Krier, Development Advisory Services,
8 H.R.A. Consultant
9 OCTOBER 13 , 1987 H.R.A. MINUTES
10 Motion by Makowske, seconded by Enrooth to approve with the following
11 change:
12 Page 3 , line 10 : Change "a" to "one" before "lot" .
13 Motion carried unanimously.
14 CLAIMS
1.5 Motion by Marks, seconded by Ranallo to approve payment of $2 ,795 . 65
16 to Development Advisory Services for September consulting services to
17 the H.R.A.
18 Motion carried unanimously.
19 Motion by Marks , seconded by Ranallo to approve payment of $3 ,742 . 18
20 to the Dorsey & Whitney law firm for legal services rendered the
21 H.R.A. during September , 1987 .
22 Motion carried unanimously.
23 ADJOURNMENT
24 Motion by Ranallo, seconded by Enrooth to adjourn the meeting at 9 : 30
25 P.M.
26 Motion carried unanimously.
27 Respectfully submitted,
8 Helen Crowe, Secretary
29 :cjk
.J
C =TY Og' ST . ANTHONY
C OUN C I L M=NUT E S
NOVEMBE�2 2 4 0 1 9 87
1 The meeting was opened at 7 : 35 P.M. with the Pledge of Allegiance led
2 by Mayor_: Surid land.
3 Present for roll call: Marks , Ranallo, Sundland, Enrooth, Makowske.
1
4 Also present: David Childs , City Manager
5 William Soth, City Attorney
6 NOVEMBER 10 , 1987 COUNCIL MINUTES
7 Motion by Marks , seconded by Enrooth to approve with the following
8 changes:
9 Page 5 , line 32 : Complete "before" at end of line.
10 Page 7 , line 12 : Correct typo "had" after "Childs
11 - Motion . carried .unanimously.
12 LICENSES%PERMITS/PETITIONS
13 Motion by Ranallo, seconded by Marks to' grant ..a contractors license to
4 the V.P.M. Corporation in Minneapolis , as listed in. the November 2,4th
5 agenda packet.
16 Motion carried unanimously.
17 CLAIMS
18 Motion by. Marks., seconded by Ranallo to approve . payment of all liquor
19 and City accounts payable listed for October 31st in the November
20 24.th Council agenda packet with the exception of the six -payments to
21 Cindy Carpenter, on which the Manager will check and report further at
22 the next meeting.
23 Motion carried unanimously.
24 Motion by Ranallo, seconded by Makowske to approve payment of $4 ,000
25 to Rieke Carrol Muller Associates for engineering services on the
26 Kenzie Terrace traffic_ signal through October 31.st.
27 Motion carried unanimously.
28 Motion by Marks , seconded by Enrooth to approve payment of $556 . 00 in
29 dues to the National League of Cities for membership from February 1 ,
30 1988 through January 31 , 1989 .
31 Motion carried unanimously.
•
,� 1
I
1 Motion by Makowske , seconded by Marks to approve payment of $2 , 392 .50
2 to BWBR Architects for administration services on the liquor warehouse • E
3 addition - through October 21st to be paid from the Liquor Fund.
4 Motion carried unanimously.
5 Motion by • Ranallo, seconded by Enrooth to approve Change Order 02 for
6 $693 . 00 to include a ten day contract extension to Fullerton Lumber on
7 the above' addition, as presented by the City Manager.
8 Motion carried unanimously.
9 Motion by Marks , seconded by Makowske to approve payment of $2 , 84.7. 39
10 to the Briggs and Morgan law firm for professional services provided
11 in connection with the City' s lawsuit against the U.S. Army et al
12 related to St. Anthony' s water contamination problems.
13 Motion carried unanimously.
14 Consultant ' s Bill To Be Submitted Later
15 Mr. Childs indicated he had held up a bill from Bruce Liesch As-
16 sociates for their services in preparing expert testimony related to
17 the above litigation because he had asked the attorneys to provide a .
18 memo detailing those costs .
19 AGENDA ADDENDUM
20 Councilmembers had been provided with copies of the November 24th
21 "Summary of Concerns" from the Brighton Village Homeowners Associa-
22 tion related to the development of common areas in the townhome
23 project on Old Highway 8 , which. was presented by the Association Board
24 President, Norm Arne, and Secretary, Arne Sorlien. Staff was re-
25 quested to work with the Association and to keep the Council informed
26 related to those negotiations.
27 REPORTS
28 COUNCIL
29 Enrooth Reports Attendance at Very Informative Water Conference ,
30 November 19th and 20th
31 The Councilmember indicated he perceived the other Councilmembers
32 would have the same interest in the proposals for funding storm sewers
33 and 509 projects as he had and said he would therefore be sending
34 around the materials related to those subjects which he had brought
35 back with him from the meeting in the Earle Brown Continuing Education
36 Center on the St. Paul Campus.
37 Ranallo Proposes Sharing Insurance Trust Refund with Employees
2 •
• 1 Councilmember . Ranallo indicated -. he had . learned at the- League of
2 Minnesota Ci",.ies Board meeting the previous Tuesday that the League ' s
3 Insurance Triist , in- which St . Anthony is a participant, had been- able
4 to save 1 . 2 million dollars last year, a good portion of which could
5 be attributed to the loss prevention programs adopted by most of the
6 municipal participants. - The City had been issued for a check for
7 $5 , 700 and Mr. Childs indicated he expected future checks would
8 probably exceed the $15 , 000 Councilmember Ranallo had- estimated.
9 Perceiving these funds would never have been possible without the
10 strong safety measures undertaken by City employees to keep the
11- claims down, Councilmember Ranallo said he would like to see them
12 share in some ' -of the money which had already been sent and he
13 suggested that if the City Attorney' s research showed it would be
14 legally permissible, $750 be spent towards food purchases for the
15 employees ' Christmas party, December 13th.
16 Carol Johnson, the City' s Finance Director, was present to provide
17 input towards other matters on the agenda and she indicated she agreed
18 with Mr. Childs that this indication of the Council ' s appreciation for
19 employees ' efforts would be well received.
20 The suggestion was greeted with enthusiasm by the other ,Councilmembers
21 who perceived, that -since the City is unable to give bonuses and safety
22 award programs had not yet been established, this would be one way of
�23 letting the employees know their efforts were really appreciated.
24 Council Action
25 Motion by Ranallo, seconded by Marks as a token of the Council ' s
26 appreciation of employees ' efforts to keep insurance claims down, to
27 direct $750 of the League Insurance Trust refund be spent to under-
28 write part of the costs of the employees Christmas Party, December
29 13th.
30 Motion carried unanimously.
31 Marks Continuing Planning and Zoning Institute Service.
32 He had the opportunity of conducting the government training seminar
33 in New Ulm last week and the Councilmember reiterated the schedule . of
34 institutes which would include training sessions at the Earle Brown
35 Continuing Education Center on the St. Paul campus in which he would
36 be involved during December and January.
37 DEPARTMENTS AND COMMITTEES
38 *The October Financial Report was ordered filed without comment.
39 *During the consideration of Prosecutor Hance ' s November 10th
40 report . on matters his firm had handled for the City at Hennepin
•41 County District Court, November 4th, Councilmember Marks drew
3
i
1 attention to the number of .bench warrants issued for non-appear-
2 - ance, saying they averaged three per- -day in this report. He:
3 - also found the number of complaints filed by the St. Anthony
4_: police= to be .."incredible" . The Hance &...LeVahn, . Ltd. report was:_
- then ordered filed "for future reference.
6 Council Perceives Too Many Problems Involved in Allowing Pull Tabs in 1
7 City
8 Because the City Attorney' s services were only required in conjunction
9 with the continuance of discussions about amending the City' s charita-'
10 ble gambling ordinance and the Lions Club proponents were present, the '
11 Mayor, with the Concurrence of the other Councilmembers, moved the
12 matter up on the agenda.
13 The existing ordinance had originally been adopted in response to
14 'proposals that a professional fund raiser operate a Bingo Hall to
15 include the sale of pull tabs on behalf of a consortium of charitable
16 organizations, including the March of Dimes and Sister Giovanni ' s
17 activities in St. Paul.
18 Since that time , the Council had received written requests to amend-
19 the ordinance to allow the sale of pull tabs in municipal liquor
20 stores from the St. Anthony Lions Club and the Hennepin County Humane
21 Society. The St. Anthony Boosters Club had verbally requested the
22 same from Mayor Sundland. In the meantime, members of the Lions Club
'23 had vigorously lobbied each Councilmember at home and the-
24 organization' s President, Ken Girard, as well as Lions members Oscar
25 Norgren and Wes Henry, were in attendance for further input to the
26 discussions .
27 The Mayor recalled for the benefit of those present .that the City of
28 Minneapolis had officially accepted this form of charitable fund
29 raising recently and said Ray Nelson, the City' s Liquor Manager, had
30 indicated he perceived the activity might benefit his operation.
31 The legal ramifications of having pull tabs sold in municipal liquor
32 stores had been fully explored in memoranda from both the City
33 Manager and Attorney, which had been included in the Council ' s October
34 22nd agenda packet. However , a decision had again been deferred for
35 further information from the Lions Club related to the international
36 . organization' s activities in Kenya, which had been of particular
37 concern to Councilmember Makowske.
38 Mr. Soth added to the information he had previously given by saying:
39 *if the Council simply approved the sale of pull tabs in
40 St. Anthony, Minnesota law would permit any applicant to get a
41 license from the state unless a resolution against that license
42 were adopted within 30 days ;
43
4 I
I
•1 *however, that veto power :would..have to be supported by very
--2 good reasons for denying .a license to only that ' applican.t ;
3 *the City could conceivably establish regulations and restric-.
4 tions to limit the locations , and even restrict the operations
5 to local organizations , but the basis for those distinctions
6 would have to be specifically defined, not arbitrary.
7 Councilmembers acting as "devil ' s advocates" proposed various worst
8 case scenarios related to what could happen if the pull tab sales were
9 restricted to municipal on-sale liquor stores.
10 Ranallo: wondered if the two bowling alleys where the City permits
11 the sale of 3 . 2 beer would question the City' s allowing
12 pull tabs to be sold only in their own on-sale establish-
13 ments .
14 Childs: indicated he had given some thought to that happening and
15 had concluded 3 . 2 beer did not meet the qualifications for
16 alcoholic beverages which the City desires to control by
17 restricting sales to only municipally operated facilities;
18 said the same argument could probably be made related to the
19 Council ' s desire to control gambling activities by limiting
20 such operations only to locations which the. City controls.
01 Soth: agreed that the City might be able to legitimately argue
22 that it would only be in municipally run locations that the
23 City could oversee gambling operations; but
24 another interpretation might be made that St. Anthony was
25 limiting the operation to its own facilities for its own
26 gain.
27 Sundland: suggested the response to that interpretation would probably
28 be that state law already established that rents which the
29 City may charge may not exceed those which would be reason-
30 ably charged for the square footage the pull tab operation
31 used and not based on a percentage of the profits .
32 Soth: said he didn' t think the issue was quite that simple because
33 someone might then make the argument that by restricting the
34 operation to only municipally run facilities , St. Anthony
35 might be trying to circumvent the law which says the City
36 can' t issue. a license for the sale of pull tabs .
37 ' Childs: said he understood New Brighton had restricted the pull tab
38 operations to only on-sale and not 3 . 2 facilities in their
39 city, which include charitable organization restaurants and
40
41 bars as well as , private establishments which are licensed to
02 sell liquor.
5
1
1 -Ranallo: asked whether - the City could limit the causes which would be. ,.
2 supported' .by pull tab profits -.to only those which benefit
3 St. Anthony citizens.
i
4 Soth: told him the law had just been amended to prevent cities ;
5 from "requiring an organization to make specific expendi-
6 tures of more than ten percent from its net profits derived
7 from lawful gambling. "
8 Enrooth: said he understood the City could only direct that ten per-
9 cent stay within the municipality but could not specifi-
10 cally direct to which cause it would go.
11 In view of the above restrictions, Councilmembers indicated their
12 intent related to changing the ordinance as follows:
13 Marks : perceived the Councilmembers had already made an ordinance
14 decision that to avoid giving only one or a few organiza-
15 tions the right to conduct charitable gambling in the City,
16 it would be better just to say "no" to all of them; and
17 he personally thought that should be the Council ' s stand
18 at this time no matter. what pressures are applied or what
19 good causes are involved.
20 Enrooth: ' perceived the control the City could have would be only
21 minimal in terms of groups or numbers because there would
22 most likely be at least ten different local groups who
23 would qualify for licenses from the state while the City
24 would only be able to contract with one or two of these
25 if pull tab sales were restricted to only the two municipal
26 on-sale operations ;
27 added that the Council had just made a substantial financial
28 investment towards upgrading the atmosphere in the Stoneho-
29 use and he could not see where pull tabs would lend themsel-
30 ves towards improving that image ;
31 said he had not changed the perception he had when the
32 Council had originally taken a stand against pull tabs that
33 "this type of activity would not be one I want to see in
34 St. Anthony. "
35 Ranallo: indicated he understood the most lucrative locations for
36 pull tabs right now were bowling alleys and he anticipated
37 the owners of the two City alleys would be questioning the
38 City' s decision to keep the operations. in their own facili-
39 ties;
40
41 perceived the City would probably be facing the same diffi-
42 culty saying no to an organization once this type of
6
•1 activity is allowed in the City, as- it- now faced refusing
2 ' to let an amusement arcade go into- Apache with the .Fun -
3 Center ..operating -in another shopping center;
4 questioned whether the City might not . be discriminating
5 against what is perceived to be a desirable thing for
. 6 St. Anthony, the non-alcoholic- Alternative bar, when it
7 restricted the pull tabs to the municipal liquor establish-.
8 ments;
9 concluded that the ten percent the City would get to keep
10 was not worth the hassle the City might expect to get from
11 very worthy applicants , including the City' s own Fire
12 reserves .
13 Makowske: agreed with Councilmember Marks that the whole process of
14 making a decision related to pull tabs had been "a very
15 painful one" ;
16 said she had gone from "not liking them at all" to being
17 educated to see them in a different light after attending
18 the Ramsey County League of Local Government' s meeting where
19 she had come to see that there might be some very worthy
20 organizations and causes which would gain from pull tab
21 profits;
*2 reported she had also almost been convinced by the Lion
23 Club members she talked to that this might be an easy way
24 for the City to make more money, which had been reaffirmed
25 by the Liquor Manager, saying this type of activity might be
26 helpful to his operation;
27 however, after realizing how little control the. City would
28 actually have over how the profits are spent, changed her
29 mind and was now leaning towards voting against the pro-
30 posal.
31 Girard Insists 50% of Pull Tab Profits Would Stay. In St. Anthony
32 When Mayor Sundland asked the Lions members whether they had anything
33 new to add to what they had already -told the Council which might
34 change what he perceived would be at least a 4 to 1 vote against their
35 proposal, the Lion Club President said:
36 *although the City might only be able to make 100 of the profits
37 through rents , there was nothing in the state amendment which
38 would prevent the Lions Club from giving St. Anthony 500 of the
39 profits the club members had already agreed should remain in.
40 St. Anthony;
1
7
. 11 *said. that money-: could- underwrite .projects like upgrading the •, �.
2 playgrounds., .installing lights on the softball diamonds , or any . .,
3 other .improvements. the ' City wants. to make. but can.' t budget for; :
4 .*indicated their own budgets were also limited at this time and
5 the profits from the pull tabs cold be used -to augment many of
6 the local projects the Lions wanted to do more in;
7 *argued further that most of ,the profits used for improvements
8 in St. Anthony would come from bar patrons who live outside the j
9 City.
10 When Mr. Girard said he had, been told the City had the right to
11 direct by ordinance which organizations it preferred, Mr. Soth told
12 him the City couldn' t just arbitrarily choose the Lions Club over
13 other organizations who had indicated an interest, but would first
14 - have to establish a class or category with criteria which would have
15 to be met by anyone who fell within that category.
16
17 Councilmember Ranallo .indicated that, if that was the case. he
18 perceived it might be difficult to refuse an organization whose cause
19 might not be perceived to be good for .the community.
20 Mayor Sundland told Mr . Girard he guessed the Council would have to
21 take the advice of the City Attorney which was based on research they
22 had asked him to do six weeks ago. He reiterated that there was •
23 probably no use asking for a motion which four of the Councilmembers
24 had again indicated they would be voting against . He therefore ruled
25 that the Council would not be entertaining a change to allow pull
26 tabs in Ordinance 1987-001 .
27 Mr. Girard asked that the Lions Club be included with other organiza-
28 tions to be considered if the Council ever changed its mind, reiterat-
29 ing that he continued to believe such action would benefit the City
30 just as much as his organization.
31 Mr. Soth left the meeting at 8 : 30 P.M.
32 CITY MANAGER REPORTS
33 November 17 , 1987 Staff Meeting Notes
34 *Hamer Hopes to Get St. Anthony Boulevard Striped This Week
35 The Manager said. the Public .Works Director is trying to get
36 Ramsey County to do that work right away '.so the state engineer
37 can give final approval to the reconstruction project once that
38 is accomplished.
39 *Manager Directed To Prepare Proposal for Goal Setting Sessions
40 in February
•
8
01 The Government Training Service offer to facilitate the above f
2 had been- included in the agenda packet as a reminder that pre
-
. 3 parations should be- made soon. Mr. Childs indicated he would
4 summarize what the 1986 session had cost and accomplished and
5 would contact the. various facilitators Councilmembers had indi-
6 Gated as soon as the Council had decided what the thrust of .the
7 sessions should be. He requested Councilmembers let him know
8 which dates they had open for these meetings.
9 Impending Legislation Reported During Mayors Association Meeting,
10 November 18th
11 Mr. Childs said he had represented the Mayor 'at the above meeting
12 where the North Suburban Mayors . Association members had been informed
13 that legislation addressing the costs counties incur with tax incre-
14 ment projects was being considered for the next legislative session.
15 Problems with soil corrections in this type of projects would also be
16 considered, he said.
17 No Action Taken Regarding Ramsey County Library Issue
18 There was no interest on the Council for getting involved in the
19 controversy about where the new library would be , sited in spite of
20 the request from the Shoreview Mayor that St. Anthony support his
21 City' s position with the County Commissioners.
WChilds Guardedly Encouraged After Meeting_ With Army in Washington,
23 D.C. , November 19th
24 This was the first time the Army representatives had specifically
25 discussed the costs of the damages St. Anthony had suffered from
26 TCAAP groundwater contamination, the Manager said. He indicated the
27 fact that the Army was now asking to see specific documentation
28 related to the City' s long term costs and indicated he perceived
29 their willingness to meet with City representatives in the near future
30 to discuss those hard figures might just possibly mean the Army
31 might at last be ready to settle with the City. He cautioned the
32 Council about being too optimistic , however.
33 First of Modeling Equipment for Carbon Filtration Plant Expected to
34 Arrive Next Day
35 Although the proposed carbon filtration plant would probably not be
36 fully operational next summer, Mr. Childs said indications now are
37 that there was a chance at least some of the equipment would be.
38 delivered by then and work would be underway." He also reported that
39 the modeling equipment is expected to arrive on November 25th and
40 installation of this test equipment would start on December 1st: He
41 indicated it had taken some real effort to overcome some of the snags
42 which had occurred in the process . The Manager was thanked for. all
43 he had done to get the project started.
•
9
1
1 NEW BUSINESS
2 Council Adopts Resolutioh -Approvina budget Transfer. for . City. .Office
3 Remodeling
4 Motion by. Marks , seconded by Ranallo to adopt Resolution 87-037 .
5 RESOLUTION 87-037
6 A RESOLUTION MODIFYING THE 1987 BUDGET
7 Motion carried unanimously.
8 City to Take Advantage Perceived Benefits of Investing in LMC ' s Money
9 Market -Fund
10 The Manager explained why he thought the City would be better able
11 to enhance its investment earnings by joining with other Minnesota
12 municipalities in the above program to be supervised by the League
13 Board of which Councilmember Ranallo is a member.
14 Council Action
15 Motion by Enrooth, seconded by Marks to adopt Resolution 87-038 .
16 RESOLUTION 87-038 •
17 A RESOLUTION AUTHORIZING ENTRY INTO A JOINT POWERS
18 AGREEMENT IN THE FORM OF A DECLARATION OF TRUST
19 ESTABLISHING AN ENTITY KNOWN AS "MINNESOTA
20 MUNICIPAL MONEY MARKET FUND" AND AUTHORIZING
21 PARTICIPATION IN CERTAIN INVESTMENT PROGRAMS
22 IN CONNECTION THEREWITH
23 Motion carried unanimously.
24 Councilmember Makowske left the meeting at 8 : 45 P.M. to visit her
25 husband in the -hospital.
26 Council Agrees with Finance Director ' s Recommendation Not to License
27 Condo and Apartment Laundry Facilities
28 Mr. Childs summarized Mrs. Johnson' s November 19th-memorandum, which
29 the Council accepted as an addendum to the agenda, to mean staff had
30 changed its mind about "breaking ground" by licensing the above- when
31 the survey she had taken indicated there were very few communities who
32 included this type of licensing in their current fee schedules . No
33 Council action was deemed necessary.
34 Council Concurs With Decision to Break Away from Hennepin County' s
35 Health Insurance Program
•
10
.0 1' Finance Director Johnson told -Coun'c;'ilmember Marks. because of its cost,
2'. she was recommending this one time ',izse of LOGIS, to. get the City into
3 the government information systems. .for. -participation in . the new health
4 insurance consortium formed for.- that purpose after the County dropped
5 Physicians Health plan from its program.
6 Mr. Childs reported the background history of how the consortium had
7 been formed, indicating he agreed'with Mrs . Johnson' s November 19th
8 memorandum recommending execution of the. resolution and agreement for
9 membership in the new group. He indicated . one paragraph in the
10 agreement would be modified to reflect the City Attorney' s concerns
11 about costs .
12 Council Action
-13 Motion by Ranallo, seconded by Marks to adopt Resolution 87-039 which
14 authorizes the execution of the joint powers agreement to participate
15 in LOGIS to coordinate employee health care planning and serve
16 selection with the modification as recommended by the City Attorney.
17 RESOLUTION 87-039
18 A RESOLUTION APPROVING PARTICIPATION IN THE
19 JOINT POWERS AGREEMENT GOVERNING LOCAL
20 GOVERNMENT INFORMATION SYSTEMS (LOGIS)
41 1 BY THE CITY OF ST. ANTHONY
22 Motion carried unanimously.
23 Short-Elliott-Hendrickson, Inc. Again Selected to Maintain and
24 Administrate the City' s 1988 MSA Fund.
25 Before taking action on the above, the Manager drew the Council ' s
26 attention to the fact that the costs for the above service had not
27 gone up since at least 1983 .
28 Council Action
29 RESOLUTION 87-040
30 A RESOLUTION ACCEPTING THE PROPOSAL
31 FROM SHORT-ELLIOTT-HENDRICKSON, INC.
32 FOR ADMINISTRATION AND MAINTENANCE OF
33 CITY' S 1988 MSA FUNDS
34 Motion carried .unanimously.
35 UNFINISHED BUSINESS
36 Motion by Ranallo, seconded by Marks to approve the third reading and
7 adopt Ordinance 1987-006 .
11
1 -ORDINANCE .1987-006
-2 AN ORDINANCE' ADOPTING THE, .MINNESOTA- STATE BUILDING• CODE::
3 PROVIDING FOR ITS 'ADMINISTRATION AND ENFORCEMENT:
4 REGULATING THE ERECTION., CONSTRUCTION, ENLARGEMENT,
5 ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
6 OCCUPANCY', 'EQUIPMENT, USE, HEIGHT-, .AREA AND MAINTENANCE OF
7 ALL BUILDINGS AND/OR STRUCTURES IN THE-- CITY OF ST-: ANTHONY:
8 PROVIDING PENALTIES FOR THE VIOLATION THEREOF: .AMENDING
9 SECTION 310 : 00 OF THE 1973 CODE OF ORDINANCES OF. THE
10 CITY OF ST. ANTHONY AND ALL OTHER ORDINANCES AND
11 PARTS OF ORDINANCES IN CONFLICT THEREWITH
12 Motion carried unanimously.
13 'Council to Hold -Only One Meeting in December, Unless Special Meeting
14 is Required for. Contract Award on Pedestrian Signal
15
16 The Council will decide whether a December 15th meeting is required
17 for the above at their December 8th meeting, when they will also
18 cancel the December 22nd meeting because of its proximity to the
19 holidays.
20 ADJOURNMENT
21 Motion by Marks , seconded by Enrooth to adjourn the meeting at 8 : 57
22 P.M.
23 Motion carried unanimously.
24 Respectfully submitted,
25 Helen Crowe, Secretary
26
27 Mayor
28 ATTEST:
29 City Clerk
30 :cjk •
12
r
• C 2 ':r'7Z Off' ST a ANr-rHON.Y
gi US =NG AND : REDEVELOPMENT .
AUTHOR 11 TY' M T NUT E S
NOVEMB E R 2 4 1 9 8 7
1 The meeting was called to order at 5 : 40 P.M. by Chair Sundland.
2 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/
3 Treasurer Marks , and Commissioners Ranallo
4 and Makowske.
5 Also present: David Childs, Executive Director
6 William Soth, H.R.A. Attorney
7 Richard Krier, Development Advisory' Services,
8 H.R.A. Planning Consultant
9 NOVEMBER 10, 1987 H.R.A. MINUTES
10 Motion by Ranallo, seconded by Marks , to approve as presented.
11 Motion carried unanimously.
12 Guidance Sought, Re: 'Alternatives ' for Moving Final Phases of Kenzie
•13 Terrace Redevelopment Project Ahead
14 Mr. Krier reported on discussions with Mr. Alan Hamel, Gaughan
15 Company President; - regarding the problems his firm faced on .October
16 19th when they received a dramatic raise in both the rated and
17 unrated interest rates for the Revenue Housing Bonds and bank charges
18 for backing their Letter of Credit. Mr. Krier indicated the problem,
19 as he saw it, was that the City now had a redeveloper who had the
20 capability for putting up his own Letter of Credit or getting financ-
21 ing if any one could, but for business reasons, he decided to. delay
22 executing the redevelopment Agreement with the H.R.A. until he had
23 first secured either an acceptable FHA conditional commitment or
24 letter of credit backing like that being negotiated with the Des
25 Moines Midland Bank, as reported in Mr. Hamel ' s November 23rd letter
26 to the H.R.A. , distributed before the meeting.
27 Mr. Krier indicated he had* to assume further financial help from the
28 City to move the project along was not an issue with the Gaughan
29 Companies, but rather, had to agree with Mr. Soth' s assessment that
30 the redevelopers had the financial strength to do the project by
31 themselves but the interest rates had gone so high the numbers no
32 longer worked for them to make a profit on the project. The Attorney
33 then suggested the City should try to get Arkell completely out of
34 the picture by offering a settlement which, because of his present
35 situation, he might be tempted to take.
t
1 Mr. Soth pointed out that $23 ,000 , 000 had always been more than was
2 needed when compared . to the $8 , 500, 000 in project costs, so the
3 .$11 , 500 , 000 , which .,remain in revenue bonds after December 1st, should •
4 certainly- be adequate to get the project done.
5 ' He was instructed to- tell the Gaughan Companies the H.R.A. wanted to
6 schedule meetings with them every two weeks , starting with a meeting
7 after the Council ' s December 8th meeting, so they could keep track
8 of their .financing progress and was requesting the lines of communica-
9 tion be kept open between meetings. The planner indicated the. only
10 reason the redeveloper was not present for that meeting was because he
11 had requested they not come. He said he really believed both
12 Gaughan and Piper Jaffray, who were placing the bonds, were working
13 hard on the deal, but having the redeveloper report back every two 'I
14 weeks might apply pressure on Piper to get the financing package put
15 together as soon as possible.
16 It was agreed, that further contact with ' the other developer who had i
17 proposed to do the project would not be completely foreclosed in the
18 meantime because the H.R..A. wanted the Gaughan Companies to understand '
19 the City intends to get the project done one way or another since
20 they have not signed the agreement as scheduled.
21 It was further agreed that the Mayor and Mr. Childs would broach Mr. i
22 Arkell regarding a settlement. Mr. Arkell would be advised that the
23 H.R.A. needs the extra $300 , 000 now that the drop in prime rate had
24 created a problem -with getting another redeveloper and the landowner
25 was threatening to sue the City for that failure.
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26 The H.R.A. meeting was adjourned at 6 :35 P.M. with the Council meeting i
27 opening at 7 : 30 P.M. , as scheduled.
. i
28 Respectfully submitted, j
29 Helen Crowe, Secretary
30 :cjk
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2 • ,
• C�_Z TY OF ST e ANT�iONY
`•' COi3NC= L MgNi7TES
Y�ECEMBER 8 , 1 9 8 '7
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks , Ranallo, Sundlana, Enrooth, Makowske
4 ( arrived at 7 : 35 P.M. ) .
5 Also present: David Childs , City Manager
6 William Soth, City Attorney
7 Donald Hickerson, Chief of. Police
8 NOVEMBER 24 , 1987 COUNCIL MINUTES
9 Motion by Marks , seconded by Ranallo to approve with the following
10 change:
11 Page 3 , line 28 : Insert "food for" after "costs of" .
12 Motion carried unanimously.
�3 LICENSES/PERMITS/PETITIONS
14 Motion" by Ranallo; seconded by Marks to grant contractors licenses to
15 Schmieg & Washburn ( E.S. I . Signs ) , St. Paul and to St. Paul Utilities ,
16 Inc . , Hugo, MN, as presented in the December 8 , 1987 Council agenda
17 packet.
18 Motion carried unanimously.
19 CLAIMS
20 Motion by Marks , seconded by Enrooth to approve payment of all liquor
21 accounts payable listed for November 20th in the December 8th Council
22 agenda as well as the 6 payments to Cindy Carpenter , which had been
23 tabled November 24th for further information from the City Manager
24 who had reported the payee was a disc jockey who, in • addition to
25 playing records, had also been reimbursed for decorations and records
26 for the Stonehouse record sessions. The motion also• approves payment
27 of all City accounts payable listed for December . 8th in the agenda
28 packet of the same date.
29 Motion carried unanimously.
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1 Motion by 'Enrooth, seconded -by Marks to approve payment of $5 , 272. 67 •
2 as the Cityl' s share. of costs for work performed by Bruce Liesch
3 Associates ,' Inc. - . through November 4, 1987 in conjunction with the
4 City' s lawsuit against the U.S. Army et al relative to St. Anthony' s
5 water contamination problems .
6 Motion carried unanimously.
7 Motion by Marks, seconded by Ranallo to approve payment of $2 , 565 . 69
8 to the Dorsey & Whitney law firm for legal services rendered through
9 October 31 , 1987 with $1 , 063 . 75 of those costs to be paid from -the'
10 Liquor Fund.
11 Motion carried unanimously.
12 Motion by Marks, seconded by Sundland to approve payment of $24 , 896 . 98
13 to the Metropolitan Waste Control Commission for December sewer
14 services .
15 Motion carried unanimously.
16 Motion by Enrooth, seconded by Sundland to approve payment of .
17 $2 , 200 . 00 to Hance & LeVahn for legal services rendered during
18 December, 1987 , relative to St. Anthony prosecutions.
19 Motion carried unanimously.
20 Councilmember Makowske arrived at 7 : 35 P.M.
21 Contractor' s Payment Tabled
I
22 Copies of BWBR' s estimation of the amount due Fullerton Lumber for the
23 Stonehouse liquor warehouse project had been distributed by the City
24 Manager, who indicated there would be about $56 , 000 remaining on the
25 contract after the payment of $61 , 078 .
26 The contractors had. been granted a ten day extension, which would
27 expire December 9th, and had indicated it would be into January before
28 the project would be totally completed. Even though the original
29 deadline was December lst , had the project been completed by October
30 1st , as the contractor had originally said it would, there would have
31 been time for the City to get the space ready for the holiday season,
32 Mr. Childs ' said. He added that there had been some unanticipated
33 costs for the project, including the architect' s time and costs for
34 extra inspections due to the contractor ' s errors, including improper
35 pouring of footings , problems with structural steel, etc .
36 There is no penalty -clause in this contract, Mr. Childs told the
37 Mayor, and he said he wasn' t certain withholding payment at this time
38 would do much good since the contractor had the option to stop work
39 until payment is made . However , he agreed to prepare a complete •
2
1 update On .the project for the Councilmember ' s next , meeting, .when a
2 payment(idecision could be made.
3 Council Action
4 Motion by Enrooth, seconded by Makowske - to table further the
5 requested payment to Fullerton Lumber. +�
6 Motion carried unanimously.i
I
7 NEW POLICE RESERVES INTRODUCED BY POLICE CHIEF HICKERSON
8 *Bob Nehring, a chemist for Honeywell
9 *Alan Trombley, Bumper Communications
10 *Dave Westberg, a security guard for Metropolitan Medical
11 *Dick Hopperstad, engineer for Control Data
12 *Dave Larson, machinist for Medtronics
13 *Duane Haponuk, purchasing agent for Cargill
14 *Paul Davis
15 *Paul Olson, current member of the Reserves since., 1980
16 A new member of the Reserves , Verneal Leddige, was sitting in the back
17 of the room and Chief Hickerson explained that he was. out of uniform
18 because he had just come from taking finals at the University.
W9 Following the introductions , Reserve Davis told the Councilmembers the
0 seven new reserves had been happy to come over from Minneapolis to
21 help out St. Anthony' s reserve program. He thanked the Council for
22 their new uniforms and said the reserves would be seeking support from
23 them to make that program successful.
24 Mayor Sundland responded by welcoming the new reserves, telling them
25 he could see by looking at them that they would be adding the
26 support to the City' s sworn certified officers, which the Council had
27 been seeking for a long time. The Mayor indicated he knew Chief
28 Hickerson was committed to the reserve program and shared his hopes
29 for its success .
30 Councilmember Ranallo said he perceived the addition of the reserves
31 was "certainly a dream come true" for the Council and said he per-
32 sonally had been looking at a strong reserve program for years , which
33 had never really gotten off the ground, with only two or three
34 members at a time. The Councilmember indicated he thought Paul Olson
35 should be commended for his "stick-to-itiveness" and dedication to the
36 program in spite of the lack of other reserves .
37 Chief Hickerson told the Councilmembers the new reserve program would
38 be coordinated by some of the younger patrolmen, including Jeff Scholl
39 Dominic Cotroneo, and David Carlson, as well as John Ohl, who coor-
- 40 dinates the Crime Watch Program for. the City. He then explained the
41 reference in the staff notes to the reserves riding in unmarked cars
!2 to mean they would be using that type of vehicle on weekends to
3
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I. respond on- their own to 'calls which they had previously responded to".
2 while accompanied by .regular :patrolman in . marked squads. That -ways .
3. the reserves could-acquaint- themselves with the. City streets. so they
4 " would know where they' re ' going when it came to responding on their
5 own.
6 Chief Hickerson indicated most of the reserves lived in the vicinity
-7 and had been among the Minneapolis reserves who had responded to the
8 City' s call for help during the tornado.
9 The agenda was then moved up so the Police Chief could answer any
10 questions the Council might have related to matters appearing under
11 NEW BUSINESS, later in the agenda.
12 Council Approves Purchase of New Squad Car
13 Chief Hickerson reiterated the reasons he had given in his December
14 2nd memorandum for purchasing another Chevrolet Caprice through the
15 Hennepin County Purchasing contract for use as a marked squad car.
16 Mr. Childs pointed out that $12 , 006 was a little less than the City
17 , had paid for the Chevrolet Celebrity which can no longer be gotten
18 with police packaging. The Police Chief indicated there had been
19 problems with the heat on the Celebrity which caused several alter-
20 nators to go out.
21 Council Action' •
22 Motion by Marks , seconded by Enrooth ' to authorize the purchase of a
23 Chevrolet Caprice for use as a marked squad car as per Chief Hicker-
24 son' s December 2 , 1987 memorandum.
25 Motion carried unanimously.
26 In h-is December 1st memorandum, Chief Hickerson had reported Resolu-
27 tion 87-041 'had been proposed as the vehicle for approving the
28 Memorandum of Understanding which had been developed by the He
. 29 County Attorney working with the Hennepin County Police Chiefs and
30 school authorities . The document was a response to Chapter 295
31 enacted by the State Legislature in 1987 dealing with controlled
32 substances, chemical abuse and contraband and requiring teachers to
33 report possession, use and transfer of chemical substances by stu-
34 dents .
35 Chief Hickerson said he had thought the issue was "cut and dried"
36 until that morning- when he had received a letter from the author of_
37 Chapter 295 , Randy Kelly, dated October 22nd, which indicated parts of
38 the Memorandum of Understanding would be in conflict with federal
39 statutes which forbid teachers to contact the police unless there is
40 a clear violation of the law, which is sometimes hard to prove when it
41 comes to alcohol consumption within a group of students .
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4
• 1. Councilmember Makowske . suggested that .when the document is :rewritten,
2 a specific time frame of from 3 to 5 .days be established for teacher
3 notification... . She also suggested a copy of the-Memorandum be sent to
4 New Brighton since the -new law requires reporting to the law, enforce-
5 ment body of the municipality in which the student resides.
6 Councilmember Marks indicated teacher notification had long been a
7 concern of the City' s Chemica-1 Abuse Committee and this should solve
. 8 that- problem.
9 When Councilmember Ranallo questioned whether the Council should
10 approve the document without first seeing the revisions , Mr-. . Soth
11 said he would expect a standard revision of the section dealing with
12 federal statute compliance. Mr. Childs said it had not been mandatory
13 that the Council approve the document and he had only suggested the
14 Police Chief bring it to them so they would be, aware of what is
15 happening.
16 Chief Hickerson told Councilmember Makowske he would suggest a
17 specific notification time be established in the document recalling
18 that the issue had been talked about when the document had been
19 written. In regard to notifying New Brighton, the Chief told her he
20 was certain the Ramsey County Agreement would carry the same basic
21 information as Hennepin County' s. .
?2 In a related matter, the Police Chief reported the school had adopted
�3 a smoking prohibition for anyone on school property to which a fine
24 . had been attached.. Councilmembers Marks and Enrooth indicated they
25 could hardly believe that at last the St. Anthony schools would be
26 "smoke free" .
27 Council Action
28 Motion by Makowske, seconded by Marks to adopt Resolution 87-041
29 authorizing the execution of the Memorandum of Understanding proposed
30 by Chief Hickerson with provision for compliance with federal statut-
31 es , leaving the suggested modifications of wording establishing a
32 notification time frame up to the Police Chief .
33 - RESOLUTION 87-041
34 A RESOLUTION AUTHORIZING THE ST. ANTHONY CHIEF OF POLICE
35 TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
36 SCHOOL DISTRICT NO. 282 AND THE CITY OF ST. ANTHONY POLICE
37 DEPARTMENT
38 Motion carried unanimously.
39 Commissioner Wants Reserves to Provide Services for Ramsey .County
40 Residents
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5
1 Commissioner Madden, .-- who was present to report the November 30th
'2 Commission minutes, --commented-that he had observed the new. recruits
3 all had Hennepin County and St. . Anthony identification patches on . .
4 their shirts and he hoped that didn' t mean" Ramsey County residents .
5 living in St. Anthony would .be deprived of. their. . services . " He was
6 advised that this certainly would not be the case .
7 REPORTS
8 NOVEMBER 30 , 1987 PLANNING COMMISSION MEETING MINUTES - JOHN MADDEN
9 Council Decides Mickey D' s Restaurant Needs More Signage Than Commis-
10 sion Recommended
11 Application: from Tom Gow, E.S. I . Advertising, and Michael Farrell,
12 new owner of restaurant at 2905 Kenzie Terrace;
13 originally for:
14 4 ' X 8 ' ( 32 sq. ft. ) reader board on east side,
15 which applicant withdrew;
16 . 27 sq. ft. Mickey D' s sign on east side of existing
17 roof sign (ordinance calculates 84 sq. ft. ) ;
18 front sign size not designated in letter but pur-
19 ported by -applicant to be 82 sq. ft. ( 141 sq. ft.
20 by ordinance) .
21 Documentation: City Manager ' s December 3rd memorandum;
22 petition for sign variance dated October. 26 , 1987 ;
23 October 30th Gow letter defining signage;
24 November 4th Bulletin notice of hearing;
25 sketches of 3 signs dated October 5 , 6 , and 19 ;
26 copy of December 17th Commission hearing provided by
27 Commissioner Madden;
28 permit for sign 82 sq. ft. ;
29 3 photos of restaurant taken from Kenzie Terrace,
30 st. Anthony Boulevard, and Highway 88 .
31 Madden' s said the applicant had testified that they considered
32 report: the 100 square feet of signage the ordinance allowed
33 the restaurant to be inadequate for a restaurant which
34 can be seen from four streets ; and therefore ,
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91 had recommended the Council grant a variance for addit-
2 ional signage on the east side of the existing roof
3 sign;
4 drew attention to the Commission' s November 17th hear-
s ing on the signage and the minutes report of dif-
6 ferences which had arisen related to how the signage
7 should be calculated;
8 reported that within two days of the hearing the appli-
9 cants had requested and received a permit . from Mr.
10 Hamer for an 1182 square foot" Mickey D' s Family .Rest-
11 aurant sign which they immediately put up on the front
12 of the building;
13 indicated that during the November 30th meeting, the
14 applicants had stated they perceived that since the
15 permit gave the signs size as 82 sq. ft. they needed a
16 variance for only the difference between that size and
17 the 100 allowed by the ordinance plus 'the roof sign
18 which they considered to be 27 sq. ft.
19 Commission Recommends No Additional Signage from What the Restaurant
20 Already Has
_1 The Commission representative told the Councilmembers a majority of
2 the Commissioners concurred that the existing signage exceeded the
23 ordinance requirements by 41 square feet, but felt since staff had
24 erroneously accepted that size to be 82 square feet and had issued a
25 permit for that size, the applicants should be allowed to keep the
26 front sign but recommended no additional signage on any other part of
27 the building. Commissioner Madden pointed out that this left the
28 restaurant with signage only on the front of the building, which
29 could not be seen from either St. Anthony Boulevard or Highway 88 .
30 He also said although it was perceived this building only had streets
31 on two sides , he thought a strong case could be made for a third
32 because, except for the strip_ of land which the Highway Department
33 owned, there was no development at all between the building and St.
34 Anthony Boulevard.
35 The Commissioner also reiterated that the City Manager had told the
36 Commissioners he thought case law indicated "administrative error
37 didn' t make something legal. " He concluded his report by saying it
38 had been his perception that the feeling on the Commission had been
39 that something might have been worked out to get signage on the east
40 side had the owner waited until after the next Commission meeting to .
41 put up his signage .
42
43 Staff Report
44 Mr . Childs told the Councilmembers the sign company had come up with
�5 a total front sign surface by calculating the size of words , letters ,
7
1 and even an apostrophe separately and not including any of the space=' •
2 ' ' around"-the letters . The sign ordinance , on the other hand, as,i
3 Councilmember Marks.- had pointed out, .had been -modeled on the type ofr
4 signage commonly used by cities to require signage be calculated.
5 according to the rectangle which encircles the copy. - The City Manager.
6 indicated he perceived there weren' t many municipalities who didn' t
7 follow the same policies.
8 He also indicated Mr. Hamer had assumed the responsibility for not
9 catching the incorrect calculations presented by the sign company and
10 issuing a permit for those calculations.
11 Previous attempts to misconstrue the City' s Sign Ordinance require-
12' ments were recalled with the following discussions:
13 Enrooth said he was amazed at how many times businesses had misread
14 the ordinance and put up non-conforming signage before getting Council
15 approval. He cited the Dairy Queen signage as an example. He
16 wondered if the ordinance wasn' t clear enough or whether staff was not
17 emphatic about what the City required.
18 Ranallo pointed to the beauty shop across from Apache and the attempts
19 by the Country Store not to count blank space in what was obviously
20 part of their sign, as other examples .
21 Childs reiterated that the wording in the City' s ordinance was pretty
22 standard throughout the region.
23 Sundland said he perceived it might not be so much a matter of
24 misinterpreting the ordinance language as it was "interpreting the
25 ordinance to say what you would like. "
. 26 Marks said he suspected St. Anthony' s ordinance wasn' t much different
27 when. it came to sign language because it was based on measurements
28 commonly used by most municipalities.
29 Enrooth indicated he perceived the City had to develop some type of
30 form to show permit applicants which could not be misconstrued.
31 ' Childs responded that graph paper would not have prevented this error
32 because what the sign company had done was to draw five little
33 rectangles around different words and letters rather than around the
34 entire copy.
35 Proponents Give Their Side of Controversy
36 Mr . Farrell indicated the sign company had worked with Mr. Hamer to
37 calculate the signage and that it had been Mr . Hamer who had told him
38 the front sign would be 82 square feet. He said Mr . Hamer told him he
39 would "have to go before the Planning Commission to get a variance
40 for signage needed for one side of the pylon. " He indicated he would
8
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01 never, "spend, the'money '.I .did on sianage ' if I knew. there was any chance
2 I would- be throwing it out the window later on. "
3 He indicated he had "a lot :of hard feelings" about the way he had
4 been treated at the first Planning Commission meeting where "before I
5 had even presented anything at all, I was attacked by my sign being
6 called tacky. " As a way of rebuttinq that contention, the restaurant
7 owner reiterated that he had "paid top dollar for the best sign I
8 could buy which wouldn ' t hurt anybody at all. " He said his personal
9 investigation had indicated the past business had not done anything
10 in the past 7 or 8 years "because of the ' Hobo ' junk which has been up
11 there and the previous owners had not done the right things or
12 invested in the right ways . " He indicated he perceived it had been
13 "bad advertising" which had caused the previous owners to fail.
14 Mr. Farrell indicated that had he known he was going to end up with
15 signage on only one side of a building with four different angles of
16 traffic, he would have put the "Family Restaurant" on the east side.
17 Having already spent $5 , 600 to have the front sign made, he said he
18 was "totally confused" to find out at the first hearing that his
19 signage was all wrong.
20 The applicant told Councilmember Makowske it had been the sign company
21 and not he who had gotten a copy of the City' s Sign Ordinance but he
22 insisted he would never have purchased and had three signs made
03 without first getting an O.K. from Mr. Hamer.
24 Mr . Farrell reported the "vibes" he had gotten at the first he
25 where his reader sign was called "tacky" caused him to drop that idea
26 altogether along with between $4 , 000 and $5 , 000 which he would lose by
27 doing so. The restaurant owner indicated he hadn.' t expected the City
28 to object to a variance for only 9 extra feet of signage since he
29 would be replacing "a real ugly pylon sign" with a roof sign which
30 couldn' t even be seen from the homes to the west. He explained that
31 it would cost him a lot of money to take the existing roof sign down
32 especially since that would mean redoing all the electrical for the
33 other signs.
34 when Mr. Farrell reported that the "Mickey D' s" sign he proposed
35 putting on the east side of the existing roof sign was 27 square
36 feet , Mr. Childs indicated these were the sign company' s calculations
37 and that the City' s was 64 square feet, which had been fully explained
38 to both Mr Gow and Mr . Farrell at the November 17th hearing prior
39 to the installation of the front sign. Commissioner Madden' s copy of
40 the November 17th hearing was then passed around to prove that point.
41 when a debate developed as to when the applicants had been told they
42 could meet the ordinance requirements by splitting the front sign into
43 "Mickey D' s" and "Family Restaurant" and a variance sought to put the
44 latter on the east side , Mr. Childs indicated he perceived what was
45 important was that-.-( 1 ) the front sign, although calculated incorrect-
6 ly, had already been approved for a permit; ( 2 ) the applicants found
9
1 out at the November -17th hearing that the- roof sign was 64 and not .Z7
2 square feet , according to ' the -ordinance; and ( 3 ) he had made it ve, y
3' clear at that meeting that his estimation of the size of the front
4 sign in the ' published Notice of Hearing had been made without his
5 seeing the dimensions and though the sign might encompass .less that
6 200 feet was over the allowable square footage allowed that building.
7 He reiterated that according to ordinance calculations', the front sign
8 was 141 square feet which with the 64 square feet of signage proposed
9 for the roof sign brought the signage up - to 205 square feet, which
10 would be' 105 square feet more than the ordinance allows even .with a
11 variance for a second sign.
12 Mr. Soth affirmed the City Manager' s correction of Councilmember
13 Marks ' assumption that the roof sign would. only be 27 square feet, by
14 telling him in this case the entire surface of one side of what had
15 previously been a "Mr. Hobo" sign would have to be considered for a
16 variance.
17 Councilmembers Chide Sign Company Representative
18 Mr. Gow told the Council that he alone had been responsible for
19 making the wrong calculations when he had first met with Mr. Hamer.
20 when he explained that he was considering "Mickey D' s" and "Family
21 Restaurant" as two separate signs because they weren' t connected,
22 Councilmember Ranallo told him "you' re in the sign business and should
23 have known better. " The Councilmember then indicated he thought the
24 Council should "do exactly what the Commission had recommended. ". : . .
25 Mr . Childs also explained the way the sign company had arrived at 82
26 square feet had been to measure "Mickey" , the "D" , the apostrophe, the
27 "s" and "Family" and "Restaurant" separately and indicated that if Mr.
28 Gow had actually measured "Mickey D' s" and "Family Restaurant"
29 separately, they would have come up with exactly 100 square feet,
30 which is what the ordinance allows that building.
31 Mayor Sundland agreed, saying that was exactly how the minutes had
32 reported Mr. Childs ' calculations. Mr. Gow then admitted that was
33 how he had measured the signage.
34 Councilmember Makowske told Mr. Gow she was still having difficulty
35 trying to see where Mr . Farrell had gotten the 9 ' square feet he
36 thought he still needed because even after granting that the front
37 sign was 82 square feet, 'leaving 18 feet for a variance, and with the
38 erroneous figure of 27 square feet for the roof sign, she had calcu-
39 lated a variance for 45 square feet would be ' necessary. Mr. Gow
40 told her he had thought another issue came into play for this
41 multifronted building where other cities normally measured the sides
42 which faced the streets . He said he now knew that was. not the way
43 the City figured signage . He then explained that to save time , he
44 had met with Mr . Hamer right away, but hadn' t gotten a copy of the
45 ordinance until later on.
10
•
1 Councilmember Eftrooth told the sign representative that he perceived
2' the sad thing in this case was that if the signage had been done
3 properly, there would probably have been no problem getting a second
4 sign because of the restaurant' s corner location. He and Councilmem-
5 ber Marks both commented that they perceived the City' s complicity in
6 the error had to be taken into account as well.
7 Councilmember Ranallo underscored that the Commission had only
8 "recommended" the Council give the applicants the extra 41 square feet
9 on the front which with the 64 square feet on the roof sign, actually
10 represented a variance for 105 square feet, almost double what the
11 ordinance allowed.
12 Council Swayed by Photos of Building From Three -Roadways
13 After seeing the above and hearing Mr . Gow say all the -electrical for
14 the front sign was housed in the roof sign, which had already been
15 made up, some of the Councilmembers indicated a different perspective
16 on the issue:
'17 Ranallo: indicated he could see from the photos that the restaurant
18 would be "completely naked on one side
19 Marks : told Mr. Farrell the Council certainly wanted him to be
�0 successful;
21 agreed the photos illustrated lack of identification from
22 Highway 88 .
23 Makowske : indicated she wanted assurance that there would be no other
24 copy except "Mickey D' s" on the roof sign and no other
25 types of signage including window signs on the restaurant.
26 Roof Sign Allowed by 4 to 1 Vote
27 Motion by Ranallo, seconded by Marks to approve the Planning commis-
28 sion findings related to the front sign on Mickey D' s Family Res-
29 taurant, 2905 Kenzie Terrace, and to grant an additional variance to
30 allow the proposed 64 square foot sign to be erected on the east side
31 only of the existing roof sign structure with no other signage on the
32 building at all.
33 Before the vote was taken, the following objections were raised:
34 Mr. Childs :
35 *indicated he was not denying staff had made a mistake by accept-
36 ing erroneous calculations of square footage for the proposed
37 signage ; but
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11
1 *having worked with and written signage ordinances in Minnesota
2 and other states the past 15 years , had a hard time seeing ,how
3 anyone who worked with signs on a regular basis , could poss-
4 ibly have calculated square footage in the manner which had
5 been proposed.;
6 *reiterated that in terms of municipal ordinances with possibly
7 the exception of signage for large commercial retail develop-
8 ments , he had never seen square footage calculated like this ;
9 *was especially concerned that this signage had been ordered, -
10 long before the application for a variance had been made;
11 *wanted the Council to know it had always been staff ' s policy not
12 to make any prediction about the likelihood of getting a vari-
13 ance except to let persons who wanted variances know their
14 chances of getting variances would be very slim if that seemed
15 to be likely.
16
17 Councilmember Makowske:
18 *indicated she personally was very concerned about the effect
19 granting a variance of this size might have on the City' s
20 attempts to get some resolution for the excessive signage on
21 the Dairy Queen;
22 *was told by Mr. Childs the final decision would be up to the •
23 Council of course , but the Planning Commission had already
24 indicated to the owner that they were prepared to look favorably
25 on a variance for the excessive signage if he came in to make an
26 application, which unfortunately, in spite of threats of legal
2.7 action, he had- failed to do.
28 Those favoring a variance had the following to say about their
. 29 decision:
30 Councilmember Ranallo:
31 *indicated the reason he had made the comment about the final
32 decision having to be made by the Council was to emphasize to
33 the applicants that signage should never have been ordered
34 without Council approval;
35 *told Mr . Gow he continued to believe he knew what he was doing
36 all along;
37 *indicated he perceived some changes in staff procedures would
38 have to be made to avoid future misunderstandings,; but
39 *since errors on both sides had occurred, said he would like to
40 see -the business community get a break if at all possible . •
12
i
01 Councilmember Enrooth:
2 *perceived the -City' s instructions to applicants needed tighten
-
3 ing up to avoid recurrence of this problem.
4 Councilmember Marks:
5 *agreed staff ' s procedures needed to be "beefed up" to the ext-
6 ent that all sign applicants would be furnished with written
7 instructions which stated that the Planning Commission is only ,
8 an advisory body and they should do nothing about signage until
9 after they had received an-O.K. from the Council.
10 Councilmember Ranallo:
11 *wondered if better communication might have prevented what had
12 happened at the Dairy Queen where the City had perceived only a
13 remodeling permit was being sought and, in fact, the day after
14 it had been granted the whole building was torn down.
15
16 Before calling the vote on the motion, Mayor Sundland admonished Mr.
17 Gow in the future not to let his enthusiasm to serve his customers
18 prevent him from looking a little more closely for "unique signage
19 requirements" , although in this case, the general feeling had been
20 that St. Anthony' s ordinance could in no way be considered to be
1 different from other cities . The Mayor told the sign company
2 representative he perceived neither the City nor his client had been
23 well served in this instance . The restaurant owner was also cau-
24 tioned that if he ever had to remove the signage for a remodeling
25 project, the ordinance would require him to repeat the entire variance
26 procedure before it could be reinstalled on the building. Mayor
27 Sundland told Mr . Farrell he' wouldn' t bet on his getting those
28 variances and was quite certain any extensive refurbishing .plans
29. would have to include the removal of the non-conforming roof sign
30 altogether .
31 . Voting on the motion:
32 Aye: Ranallo, Marks , Enrooth, Sundland.
33 Nay: Makowske .
34 Motion carried.
35
36 Rapid Oil Given Until October , 1988 to Take Pylon Sign Down
37 The Council accepted the Commission' s recommendation that the
38 existing, non-conforming pylon sign in front of the Rapid Oil Change
39 facility at 3701 Silver Lake Road should be removed now that gas is no
40 longer sold from the property. However , the owners were given a
01 little more time to - keep the sign as identification while they are
2 remodeling their building.
13
1 Mark Gilbertson, Rapid Oil Change Project Manager , reiterated many of •
2 the justifications he saw for the sign' s retention, which he had
3 expressed during the two Commission considerations of his proposal,
4 including that:
5 *the sign had not proved detrimental to the neighborhood up to
6 now;
7 *Rapid Oil would be losing the $2 , 500 the sign had originally
8 cost them as well as the $500 it would cost to remove it ;
9 *a unique hardship had been established when the County condemned
10 and took the land where the gas pumps stood on 37th Avenue for a
11 right turn lane causing the business to lose those revenues ;
12 *future losses could be great if the station is left without any
13 signage at all when the conversion to a drive-through caused
14 the business to temporarily remove the existing signage on the
15 building and to shut down completely for 3 to 4 weeks .
16 Mr . Gilbertson indicated he had joined the company after they had
17 acquired that property and didn' t know whether they had been
18 compensated for the loss of gas business . Councilmember Ranallo told
• 19 him the City had looked at that property for a liquor store in 1982
20 and 1983 before Rapid Oil bought it and knew at that time how exten-
21 sive the loss of land on that corner would be. He said he was certain
22 Rapid Oil went into the project knowing just as much.
23 The Councilmember then indicated he saw no reason ' for not accepting
24 the Planning Commission' s recommendations that the pylon should be
25 removed although he thought they might have been a little too generous
26 when it came to giving them until June to take it down.
27 Mr . Childs recalled that when Rapid Oil had first come in they had
28 talked about taking out all the gas pumps but when they found out that
29 they would lose the sign if they did so, decided to keep the gas
30 operation. He agreed with Councilmember Enrooth' s perception that
31 "the sign was probably a lot more valuable to them than the gas
32 sales ever were. "
33 Mr . Gilbertson acknowledged that St. Anthony didn' t have too many
34 pylon signs , but he wondered if Rapid Oil ' s couldn' t be replaced with
35 a monument type sign like TCF' s just north of him. The City Manager
36 told him the wall signage he had on the building now was already under
37 variance because it was too excessive under the ordinance.
38 Noting the statistics Mr. Gilbertson had quoted which said a business
39 couldn ' t expect to get 1000 of its business back for at least a year
40 if it had to close for any period of time at all , Councilmember
41 Enrooth suggested the grace period the Commission had recommended be •
42 extended until October , 1988 .
14
� tl
•1 Council Action
2 Motion by Makowske, seconded by Enrooth to follow the Planning
3 Commission' s recommendations that Rapid Oil should have to remove the
4 non-conforming pylon sign in front of their business at 3701 Silver
5 Lake Road but, to help them recover some of the business they lost
6 while they were shut down to convert to a drive-through facility, to
7 allow them to keep the sign up until October 1 , 1988 .
8 Motion carried unanimously.
9 Qualified Vote of Confidence Given American Monarch' s Proposal
10 Commissioner Madden reported that the Planning Commission had looked
11 favorably on the American Monarch proposal to sell the land to the
12 east they weren' t using, and probably would never use, to someone who
13 would erect a low profilebuilding on the property which the neighbors
14 wouldn' t find too objectionable.
15 Mr . Childs said, depending on what type of use is proposed, the
16 transfer might require rezoning. Councilmember Ranallo indicated he
17 had observed the number of trains using the Soo Line tracks had been
18 cut down to only about one a day, making it unlikely they would have
19 any new uses for the land they rent to American Monarch for parking.
00 Mayor Sundland noted that the neighbors ' level of tolerance had been
21 very thin during the time American Monarch used their streets for
22 parking while the building was being expanded and he thought .it
23 needed to be emphasized to American Monarch management that the City
24 was not likely to let them park on the streets ever again. However ,
25 as long as the plant runs at the current level, he perceived there
26 should be no problem with 175 parking spaces .
27 Commissioner Madden said he understood that if the plant grew too big,
28 the owners would opt to construct another facility rather than to
29 expand in the same location.
30 Councilmember Enrooth wanted it clearly recorded that the Council ,
31 although not opposed to the concept, did have some concerns about how
32 parking could be provided if the expansion plans changed in the
33 future. Councilmember Ranallo said he would have to look at the plans
34 for the new development before making any firm commitment.
35 Community Survey Questionnaire Reviewed and Given Go Ahead by the
36 Council
37 The second draft of. the above had been provided by ,Decision Resources ,
38 Ltd. from whom Bill Morris and Diane Traxler were present that evening
39 to answer questions and make any changes the Councilmembers might have
•40 in their procedure.
15
1 Mr.. Morris told Councilmembers . they had taken all the City' s sugges-
2' 'tions related to questions which should- be asked and incorporated them •
3 . as well as possible into the questionnaire , with the exception of
4 some "apple -pie 'issues" the responses to which he knew from experience.
5 would be of no policy benefit to St-. Anthony.
6 For the third time, Mr . Morris reassured the Councilmembers that the
7 questionnaire was not too long because city surveys had unquestionably
8 remained the easiest survey to do because "people love to talk about
9 their own city. " He said ' the refusal rate remains at 20 with many
10 cities going well below to and with most people saying they' re glad
11 that at last someone is seeking their opinion.
12 The topical areas into which the survey had been broken down in Mr.
13 Morris ' December 4th memorandum were explored again briefly.
14 Mr . Morris stated the following about the questionnaire:
15 *it could provide better insight about what various ages were
16 looking for when it came to housing as well as the seniors per-
17 ceptions of what type of housing they might consider to get them
18 to move;
19 *it would not be difficult to reword some questions to give the
20 Council some idea of how much support remained for their
21 attempts to redevelop the southern retail area;
22
23 *question 106 could probably be adjusted to specify age cate-
24 gories between 55 and 70 as verification of the accepted as.sump-
25 tion that 400 of the community were in that category. Getting
26 the marital status and income levels would also give the
27 Council a better idea of the community' s composition;
28 *"Maintenance" would be changed to "reconstruction" in Question
29 67 and 89 and 90 would be couched in language which would not
30 resurrect old divisiveness but would let the respondents know
31 their opinions were being sought related to the make up of the
32 Fire Department. Those responses would also be flagged for
33 comments ;
34 *question 97 was to be moved up in the survey as requested by
35 the Police Chief ;
36 *questions about the respondents ' satisfaction with present
37 levels of communication related to City affairs would be worded
38 in such a way as to give the Council an idea of whether they
39 ought to spend more money to expand the quarterly Newsletter to
40 monthly reports to the residents ;
41' *it would probably not cost the Council any more to include a
42 question related to where residents make their major purchases
43 which might be of benefit for future planning. •
16
• 1. '
Mr . Morris .confirmed the questionnaire had -. only ,moved: .from the bid -
2 base- of 64 until. questions .-to .78 and not. 112 questions as. .Councilmem- :
3: ber Enrooth:.had thought. He .also perceived with the few.modifications
4 the Council wanted the price would remain close to $5 , 880 for 400.
5 calls. Ms : -Traxler: indicated . she expected the calls could be started.
6 within a few days .
7 COUNCIL REPORTS
8 Makowske to Attend Ramsey County League of Local Government Holiday
9 Banquet, December 16th
10 The other- Councilmembers agreed with Councilmember Makowske that she
11 should attend this function because although there would be no special
12 guests or particular issue pursued, there would be votes taken that
13 evening.
14 Lions Club Letter of Protest Read Aloud
15 Mayor Sundland indicated he wanted the letter from Ken Girard,
16 Chairman of the St. Anthony Lions Club Pull Tab Committee, which he
17 read aloud, to be taped for further reference.
18 In his letter Mr . Girard had stated that:
199 *he didn' t think the Lions Club request to sell pull tabs in the
20 City' s municipal off sale liquor stores had been given a fair
21 hearing because the appearance before the Council of Mr. Stuart
22 who runs a pull tab sales business had been discouraged;
23 *he had been unable to get Councilmember Enrooth on the phone in
24 spite of many phone calls ;
25 *the Lions Club members who had gone to see Councilmember Marks
26 perceived he had not kept his promise to them to "keep an open
27 mind on the issue. " ;
28 *during his meeting after the November 24th Council meeting with
29 Councilmember Makowske she had demonstrated a "concern and .
30 sensitivity about the whole procedure" , including that Council
31 meeting where he perceived the three Lion Club members in
32 attendance had not been allowed enough input to the discussion
-33 which preceded . the decision not to grant their request;
34 *his membership was having a hard time understanding why the
35 residents of St. Anthony "should not be able to enjoy the pro-
36 fits of charitable gambling the same as residents of other
37 communities like our neighbors ( named them) and hundreds of
38 other cities around Minnesota who have found it honorable and
39 very profitable for their cities as well as the license
�0 holders . "
17
- 1 The Council responded with the following: •
-2 Sundland: pointed out that the minutes had reported he had asked the
3 proponents if they had anything new to add to what they
4 had already told the Council, to which Mr . Girard had : res-.
5 ponded at some length and even gotten the City Attorney' s
6 opinion on some of the issues he had raised. '
7 Makowske: reported that Mr . Girard had called her at a very inoppor-
8 tune moment the next afternoon and she had suggested they
9 meet instead for a cup of coffee after Thanksgiving;
10 said the Lions Club President had told her he didn' t per-
11 ceive he had been given the opportunity of arguing his case
12 as well as he might have if he could have brought some- other
13 people in;
14 indicated she had told Mr . Girard she would report his un-
15 happiness to the rest of the Council;
16 said when Mr. Girard asked her whether she thought the
17 Lions should bring up the question in 3 months , she had
18 told him "a year would be more like it. "
19 Marks : said he could hardly believe the remark about his keeping
20 his mind open about the matter because he had made it very
21 clear to the Lions who had visited him in his home that he
22 was very upset about the Governor bringing any kind of
23 gambling into the state.
24 Makowske : added that- when Mr . Girard had indicated he perceived she
25 and Councilmember Marks had voted their consciences and the
26 other three had voted in a manner they thought the community
27 would want them to vote, she had told him she didn' t think
28 "there should be any difference between a matter of con-
29 science and how the community would want me to vote . "
30 Enrooth: stated that to his knowledge he had never had any phone
31 calls at the house and he couldn ' t believe he wouldn' t have
32 gotten the message if anyone else took the calls ;-
33 added that it would not have been too difficult for the
34 callers' to get his work phone , which most people usually do.
35 Sundland: said he had told the Lions who came to visit him that "if
36 the rest of the Council didn' t want to go along with chang-
37 ing the ordinance , I wouldn' t either" ;
38 also indicated he hadn' t wanted to make it appear there was
39 really any debate on the question by commenting during the
40 Council meeting. •
18
• 1 Ranallo: said he hadn' t.,realized until that .night that the man the
2 .,Lions wanted to bring in was from a pull tab management
3 company- who, of course , would .profit from opening the City
4 to pull tabs.
5 Enrooth: said he perceived that had been one of the overriding
6 factors in the Council ' s opposition to these kinds of
7 activities in the first place.
8 The perception was that the matter had been fully explored and that
9 no change of minds on the Council was imminent.
10 DEPARTMENTS AND COMMISSIONS
11 The Council briefly considered and ordered filed:
12 *Prosecutor ' s report on matters conducted at the Hennepin County
13 District Court, November 18 , 1987 ;
14 *November liquor operation sales summary;
15 *October Police Department report.
16 CITY MANAGER REPORTS
�7 December 2nd Staff Meeting Notes
18 Several items having been discussed' earlier in the evening-, the
19 Council ordered the Notes filed.
20 Council to Appoint Three Commissioners at Special Meeting, January 5th
21 Copies of the seven applications which had been submitted by the
22 . November 20 , 1987 deadline had been included in the Council' s agenda
23 packet. Two were from current members , John Madden and Seven London,
24 whose terms of office would expire December 31st. The other applica-
25 tions were from St. Anthony residents Edward W. Brownell III ; Lief
26 Thorson; Lawrence J. Antczak; Jeffrey F. Shea; and Dennis E. Murphy.
27 Councilmember Enrooth noted the lack of quorum at the Commission' s
28 November 17th meeting and wondered if repeated absences might not
29 have become a problem. Mr. Childs said during the 6 years he had been
30 here he could remember only one or two times where there had not been
31 enough Commissioners present to take official action. The Secretary
32 agreed, saying her recollection was that during the past 14 years in
33 which she had been taking minutes , lack of quorums had been relatively
34 rare. However , she did recall that at one time there had been a
35 ruling that repeated absences meant consideration of service termina-
36 tion.
19
1 There was - concurrence that the ability to attend meetings regularly ,
2 should be re-emphasized during the interviews. to fill the three
- 3 vacancies .-lef•t -when Commissioner .'-.Wingard moved away., which were then
4 scheduled to be•'held at 7 : 00 P.M. , January 5th, with appointments to
5 be made in time for - seven members to be in attendance for the
6 Commission' s first meeting in 1988, January 20th.
7 TCAAP Litigation Update
8 Mr. Childs said he met with Captain Connor the previous week and
9 found there were two separate tracks leading to settlement.
10 First, the Army has started to check the costs the City has incurred
11 because of the water contamination seepage from the arms plant, and
12 while not admitting any liability at this time, had agreed that, if
13 they are proven liable , they would pay all of the allowable costs .
14 The City Manager said he had gotten from his conversation with Captain
15 Connor the impression that the key man to a final settlement would
16 more than likely be one of -their environmental engineers , Peter Wirth,
17 who is waiting for some computer data from the State of Minnesota.
18 However, he said that could be a long time coming because three of
19 the four persons who had worked on this project for the MPCA had
20 moved on and their replacements had not yet been found.
21 Mr . Childs indicated he was in touch with that department to see what :.
22 the holdup was , but as he had previously told one of the Councilmem-
23 bers , he believed it would be necessary for the City to look for some
24 expert like someone from Bruce Liesch to contact Mr. Wirth to find out
25 just what data is still missing; find out where that information is;
26 take it back to the engineer and then determine just what else would
27 be necessary for him to tell the Army et al they were responsible for
28 contaminating the City' s water supply.
29 In regard to the class action litigation itself , Mr. Childs told the
30 Councilmembers the settlement conference or class certification
31 meeting had been postponed until January 5th. However, in the
32 meantime, Special Master Short had given all class plaintiffs until
33 the end of the week to put together a firm settlement demand to which
34 the Army et al have to respond before December 21sy with a firm
35 counter claim with the level of specificity the claimants have needed
36 in the first place.
37 Mr. Childs concluded by saying he should be able to give the Council
38 a final estimation of what it would cost to retain Bruce Liesch during
39 the short meeting he perceived the Council would have to hold sometime
40 after the bids have come in for the pedestrian signal and to pay
41 bills , including the contractor ' s which had been tabled that evening.
42 Land Acquisition Decision Delayed for Further Information
20
i1 The owner of a 103 X 132 foot parcel adjacent to Central Park had
2 contacted. the City to see if the City had any interest in buying it .
3 There was : a brief discussion of land the City already owns. before the
4 Council :was . informally polled. -When it became apparent that the
5 majority might look favorably upon the purchase at a realistic price,
6 the Manager agreed to research recent appraisals in that area and
7 what the City appraisal costs might be and to report back.
8 December 22nd Council Meeting Time Changed to 5 : 00 P.M.
9 As he had indicated earlier, Mr . Childs said he envisioned a very
10 short meeting would be needed. Mayor Sundland indicated that if the
11 weather turned bad that day he would be leaving on his out-of-town
12 trip earlier in the day, which should be no problem as long as a
1.3 quorum would be present to pay the bills which had to be paid before
14 the Council ' s next meeting in January, and to award the contract for
15 the Kenzie Terrace traffic signal.
16 NEW BUSINESS
17 January 12th Hearing Called on Reconstruction of Southern Portion
18 of St. Anthony Boulevard
19 Motion by Marks , seconded by Ranallo to adopt Resolution 87-042 which
20 schedules a January 12th public hearing on the reconstruction of the
1 boulevard between the Burlington Northern bridge and the southernmost
2 City limits, at an estimated cost of $440 , 000 . 00 .
23 RESOLUTION 87-042
24 A RESOLUTION RECEIVING REPORT AND CALLING
25 HEARING ON IMPROVEMENT
26 Motion carried unanimously.
27 ADJOURNMENT
28 Motion by Enrooth, seconded by Marks to adjourn the meeting at 10 : 51
29 P.M. for the St. Anthony Housing and Redevelopment Authority meeting
30 which immediately followed.
31 Motion carried unanimously.
32 Respectfully submitted,
33 Helen Crowe, Secretary
34 ATTEST:
•35 Mayor
21
• C X TY OF S T _ ANTHONY
HOU S =NG AND REDEVE L.OPMENT
AUTHOR 2 TY M=NUTE S
DECEMBER 8 1 9 8 �
1 The meeting was called to order at 10: 51 P.M. by Chair Sundland.
2 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/
3 Treasurer Marks, and Commissioners
4 Ranallo and Makowske.
5 Also present: David Childs, Executive Director
6 William Soth, H.R.A. Attorney
7 NOVEMBER 24 , 1987 H.R.A. MINUTES
8 Motion by Marks, seconded by Ranallo to approve as presented.
9 Motion carried unanimously.
10 CLAIMS
11 Motion by Ranallo, seconded by Marks to approve payment of
012 $2,294. 29 to the Dorsey & Whitney law firm for legal services
13 rendered to the H.R.A. during October, 1987.
14 Motion carried unanimously.
15 KENZIE TERRACE REDEVELOPMENT PROJECT UPDATE
16 The Executive Director indicated he and Mr. Soth had assumed Mr.
17 Krier would be present to bring the H.R.A. up to date on the
18 above, but in his absence they would report on events in which
19 they had been involved.
20 Arkell Refuses H.R.A. Settlement Offer
21 Mr. Childs reported he and Chair Sundland had met with Mr. Arkell
22 the previous day and he had refused their offer to allow the City
23 to buy him out of the deal but felt that a much higher number
24 would tempt the redeveloper to settle. The reason given for not
25 settling was that Mr. Arkell believed the Gaughan Companies
26 would eventually do the final phases of the project and he had
27 already told his creditors he would be getting $400 ,000 interest
28 on the bonds when that happened.
• 1
1 The Executive Director said the original architects on the •
2 project, Montgomery and Tushie, had put a $95 ,000 lien on the
3 Saliterman property when Mr. Arkell had failed to pay them for
4 their services. Mr. Soth indicated he had told the architects he
5 thought the chances that action would be considered to be legal
6 to be "very, very slim" .
7 He also recommended that, although Mr. Arkell had told City
8 officials he knew he would be able to settle with them for much
9 less, lien removal should only be negotiated as part of a total
10 settlement package with the Arkand Partnership. The Attorney
11 indicated agreement with Commissioner Ranallo' s suggestion that
12 the H.R.A. not pursue a settlement with Mr. Arkell until further
13 information related to Gaughan' s activities is available.
14 In reference to Mr. Arkell ' s assumption that the Gaughan Company
15 was "just stalling" , Mr. Childs indicated he knew the developers
16 were making a real effort to get financing for the project since
17 they were talking to several different lenders at this time.
18 Attorney Perceives Lang/Nelson Still Interested in Doing the
19 Project
20 The firm' s finance officer had called him that day, Mr. Soth
21 reported, saying Mr. Krier had tried to set up a meeting with him •
22 right after the last H.R.A. meeting. Mr. Soth said he had told
23 Paul Brewer the H.R.A. was talking to other developers because
24 Gaughan had not yet signed an agreement with them to do the
25 project. The LaNel Financial Group President had responded by
26 indicating Lang/Nelson would be getting back to the H.R.A. soon.
27 ADJOURNMENT
28 Motion by Ranallo, seconded by Enrooth to adjourn the meeting
29 at 11: 01 P.M.
30 Motion carried unanimously.
31 Respectfully submitted,
32 Helen Crowe, Secretary
33 :cjk
2
C=TY O F S T _ ANTHONY
C OUN C = L M 2 NUT E S
DECEMBER 2 2 , 1- 987
1 The meeting was opened at 3 : 00 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call: Marks, Ranallo, Sundland, Makowske ( arrived
4 at 5 : 01 P.M. ) Enrooth ( arrived at 5 : 13 P.M. ) .
5 DECEMBER 8 , 1987 COUNCIL MINUTES
6 Motion by Marks, seconded by Ranallo to approve as submitted.
7 Motion carried unanimously.
8 Councilmember Makowske arrived after the above vote had been taken and
9 later in the meeting suggested the following changes in the minutes to
10 reflect the fact that the Mayor had never actually voted one way or
11 another on the pull tabs issue and also felt "the rest of you voted as
12 you thought the community would want you to vote. "
13 Page 18 , line 26 : Strike "three" and make "other" plural.
4 Mayor Sundland indicated he perceived his comments in lines 35 through
5 37 had clearly indicated his intent in the matter.
16 LICENSES/PERMITS/PETITIONS
17 Motion by Ranallo, seconded by Makowske to grant heating licenses to
18 the following as listed in the December 22nd Council agenda packet:
19 Preferred Mechanical Services, Inc. , . Minneapolis
20 Midland Heating and Air Conditioning, Richfield
21 Bowler Company, Minneapolis
22 Motion carried unanimously.
23 CLAIMS
24 TABLED FULLERTON BILL PAID
25 Before , a vote on the claims listed in the agenda packet was taken, Mr.
26 - Childs reported on the construction progress on the Stonehouse liquor
27 warehouse addition for which payment to the Fullerton Lumber Company
28 had been tabled December 8th. He reported that:
1
1 *the external wail as well as heating, cooling and ventilation
2 systems are all installed;
3 *the frame for the rear doors is in but the new doors have not
4 been installed because some of the interior fixtures have to be
5 brought in first;
6 *the ceilings and bar joists have all been painted but the sheet-
7 rock walls have to be taped and painted after the lighting
8 fixtures have been installed;
9
10 *the floor tile will then be laid;
11 *most of the work remaining to be done is waiting for the new
12 door which has been ordered and is included on the December 6th -
13 Change Order to be considered later in the agenda.
• 14 In relation to whether or not the Cit' s negotiating position would be
15 improved by withholding payment on the contract, Mr. Childs indicated
16 the payment due that evening only covered work the contractor had
17 completed by December 4th and the work remaining to be done would be
18 much less than the $67 , 567 still due on the contract. He indicated he
19 perceived that fact made the possibility of the contractor walking
20 away from the job very remote and the City Manager pointed out that
21 the bond would provide further protection from that ever happening.
22 Mr. Childs reiterated that, although the City' s expectations had been
23 raised by the contractor ' s promise to get the work completed in
24 October, as a practical matter, Fullerton had only been legally
25 required to be done by December 1st, which would have been too late
26 for the City to make the transfer and to open before the holiday sales
27 period. Councilmember Ranallo agreed that, since the warehouse was
28 not operating in the new space by December 1st, there was little
29 chance of the City collecting loss of business damages before January
30 1st because it would have taken at least 30 days for the City to get
31 the store operational. However, he said he now perceived the City
32 should have every right to make the contractors pay the rent which
33 would be due from January lst on at the present location. The
34 general consensus was that the Council would deny any further exten-
.35 lions of the contract when the Change Order was brought up again later
36 in the agenda.
37 Council Action
38 Motion by Marks , seconded by Ranallo to approve payment of the
39 following claims as listed in the December 22nd Council agenda packet:
40 *all November 30th City accounts payable and November 30th and
41 December 15th Liquor accounts payable;
42 *$61, 078 . 00 to the Fullerton Lumber Company for construction
43 services on the Stonehouse liquor warehouse addition;
2
411 *$3 , 060 . 00 to Decision Resources Ltd. as the first -payment due
2 prior to the residential survey and written analysis of 400
3 -randomly selected -households- related to quality of life issues
4 in St. Anthony;
5 *$3 , 319 . 11 to Briggs and Morgan for legal services connected. to
6 the City' s lawsuit against the U.S. Army et al relative to
7 St. Anthony' s water contamination problems.
8 Motion carried unanimously.
9 REPORTS
10 COUNCIL
11 Makowske Reports on Resolutions Passed During_ RCLLG December 16th
12 Meeting
13 The Councilmember reported she had voted on only 2 of the 3 issues
14 which had passed that evening because she had some. real concerns about
15 re-establishing a Ramsey County Park Board which might turn out to be
16 similar to the Minneapolis Park Board.
17 Seasons Greetings Extended
08 Mayor Sundland extended his wife, Ardelle ' s, and his own best wishes
19 for a Merry Christmas and a Happy New Year to the other Councilmem-
20 bers and staff .
21- Marks to Serve on Jury in January
22 When Councilmember Marks indicated he had been notified to report for
23 the above duty on January 11th, Councilmember Ranallo told him not to
24 expect to be called for many cases because of his City official
25 background, especially his responsibilities as employer of the- police
26 force.
27 Councilmember Enrooth arrived at 5 : 13 P.M.
28 DEPARTMENTS%COMMITTEES/COMMISSIONS
29 *the number of bench warrants were again noted before the Hance &
30 LeVahn report on the criminal cases in which the prosecutors had
31 represented the City at Hennepin County District Court on December
32 2nd was ordered filed.
33 *Councilmember Marks indicated he missed having a report on the number
34 of calls which had previously been included in the cover summary
35 sheet on Fire Department reports . However, he appreciated the
036 listing in the November report which told him just how much time
7 had been spent for different types of calls , which showed only one
3
1 hour and forty-five minutes devoted to actual firefighting activities
2 while almost 15 hours were spent responding to medicals. Before
3 the report was ordered filed, Mr. Childs said he would bring their
4 preferences to the attention of the Fire Chief .
5 *the November Police Department report was also ordered filed follow-
6 ing a brief discussion of Councilmember Makowske ' s Christmas tree
7 being stolen and recovered.
8 CITY MANAGER
9 December 15 , 1987 Staff Meeting Notes
10 *Mr. Childs reported Officer Bill Ferguson was in the hospital
11 with back problems which were not job related but nevertheless
12 would require a fill-in until he is able to return to duty.
13
14 *Fridley KC ' s to Sponsor Police Appreciation Dinner
15 Councilmember Ranallo, who heads this- organization, indicated
16 final approval had been given the event.
17 Marks Designated as St. Anthony' s AMM Legislative Contact Person
18 A copy of the December 16th letter from Vern Peterson of the Associa-
.19 tion of Metropolitan Municipalities seeking the above person to
20 represent St . Anthony had been included in the agenda packet and the
21 Councilmember indicated he would. be interested in serving.
22 Council Action
23 Motion by Makowske , seconded by Enrooth to designate Councilmember
24 Marks for the position.
25 Motion carried unanimously.
26 Change Order for Stonehouse Liquor Warehouse Project Approved Without
27 35 Day Extension
28 Before discussing the $2 , 460 . 00 change order to be considered that
29 evening, Mr. Childs pointed out that with the $2 ,756 . 00 in extras
30 approved in two previous change orders on the project, extras only
31 amounted to to of the project cost , which, even with the delays, was
32 minimal considering that average change orders on all projects run
33 around 5% .
34 In reference to the three items before the Council that evening, the
35 City Manager explained:
36 *$650 . 00 for a wider fire door between the new and old off sale
37 facilities had been City requested;
4
*the architect - had agreed to reimburse the City for between $500
to $600 of the $970 . 00 it cost to add an exterior finish system
3 to the higher west parapet wall because it had been BWBR' s fail-
4 ure to let the contractor- know the change was required before
5 his crews left which had resulted in a higher cost for that
6 project;
7 *the City had not been able to use all the old entrance door
8 control mats for the new front door and had to pay $849 . 00
9 for three new ones , which should be enough for now at least,
10 although a few of the others may need replacement later.
11 Recalling the conversations earlier in the evening, Mr . Childs
12 recommended the Council deny the requested 35 day extension on the
13 job and instead, instruct him to see what he could negotiate in the
14 way of a trade-off in rent for the time the City has to remain in the
15 old location as a result of the contractor ' s failure to aet the
16 project completed at least by January 1st. The City Manager
17 indicated he believed the major part of the contract increase could be
18 directly attributed to Fullerton' s failure and no one else ' s .
19 Councilmember Enrooth agreed that the contractor should be asked to
20 pay the rent on the old location past January 1st because he perceived
21 time was of the essence now to get the liquor operation moved during
22 what has always been the slowest seasonal sales period after the
46 3 holidays .
24 Council Action
25 Motion by Ranallo, seconded by Marks to approve the $2 , 469 . 00 Change
26 Order on the Stonehouse liquor warehouse project , less the amount of
27 the error on the exterior wall finish system to be paid by the
28 architect but to deny the requested 35 day extension on the- contract.
29 Motion carried unanimously.
30 Bids Lower Than Engineer Estimated on Kenzie Traffic Signal
31 As stated in the December 16th letter from the project engineer, Rieke
32 Carroll Muller Associates , Inc. , the low bid of four made on this
33. project came from Collins Electric for $67 , 567 . 00 , about $3 , 000 less
34 than the. $70 ,000/$80 , 000 the engineers had estimated the job would
35 cost .
36 Mr. Childs indicated this would bring the total project cost up to
37 around $75 , 000 when engineering costs are included. He also indicated
38 he had consulted Mr. Soth regarding the contractor ' s typo error
39 indicating the bid security as $350 rather than $3 , 500 as provided in
40 the bid bond and the City attorney had advised that the 5% bid bond
41 would prevail.
•
5
1 Councilmember Ranallo emphasized Collins Electric would be paying
2 prevailing wages on the job, since, as the City Manager had indicated,
3 they had been written into the contract.
4 Mayor Sundland said he knew Collins had a lot of street light
5 experience and pointed to the engineer ' s assessment of them "as a
6 reputable contractor doing acceptable work. "
7 Council Action
8 Motion by Marks, seconded by Sundland to award- the contract for the
9 Kenzie Terrace traffic signals to the low bidder , Collins Electric
10 for $67 , 567 . 00 .
11 Motion carried unanimously.
12 ADJOURNMENT
13 Motion by Marks , seconded by Enrooth to adjourn the meeting at 5 : 28
14 P.M.
15 Motion carried unanimously.
16 Respectfully submitted,
17 Helen Crowe, Secretary
18
19 Mayor
20 ATTEST:
21 City Clerk
22 :cjk
23
6 •