HomeMy WebLinkAboutPL PACKET 02211989 Meeting Sheet
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Folder: PL PACKETS 1989
Document: Pl. PACKET 02211989
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2 -1L 3- 989
7 3 0 1p - m -
A. Call to Order.
B. Roll Call.
C. Minutes.
January 17, 1989 Planning commission.
D. Designate Commission Representative to the Council
Meeting on February 28, 1989.
E. Public Hearings.
1. 7:35 P.M. - Salvation Army Thrift Store,
2500-38th Avenue N.E. , sign variance request.
2. - 8:00 P.M. - Village Properties, Inc. , for
3800-3808 Macalaster Manor Apartments;
conditional-use permit request.
3. 8: 30 P.M. - Hardee's, 4004 Silver Lake Road;
sign variance request.
F. Miscellaneous.
G., Adjournment.
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1 The meeting opened at 7: 32 P.M. with the Pledge of Allegiance led by
2 Chair Wagner.
3 ROLL CALL
4 Present for roll call: Brownell, Franzese, Hansen, Wagner, Werenicz,
5 Madden. London arrived at 7:33 P.M.
6 Also present: David Childs, City Manager
7 Sue VanderHeyden, Assistant to the City Manager
8 DECEMBER 20, 1988 PLANNING COMMISSION MINUTES
9 Motion by Hansen, seconded by Brownell to approve the above with the
10 following changes:
11 Page 5, line 2: Delete one "and" after "month" .
12 Page 5, line 13 : Substitute 11611 for 11411 before "inch" .
13 Page 6, line 32: Substitute "Overlook" for "Overload" .
14 Page 7, line 20: Correct typo "no" before "state rulesil .
0 5 Page 7, line 30: Substitute "trainees" for "massagers" .
6 Page 8, line 43: Make "treatment" singular.
17 motion carried unanimously.
18 COMMISSIONER MADDEN TO REPRESENT PLANNING COMMISSION AT JANUARY 24T-H
19 COUNCIL MEE-TING
20 PUBLIC HEARINGS
21 Conditional Use Permit Recommended for Slick's Alternative at 2450
22 38th Avenue N.E.
23 At 7:40 P.M. Chair Wagner -read aloud the Notice of Hearing to consider
24 a request from Diane and Robert Slick for a conditional use permit to
25 allow operation of the Alternative, a non-alcoholic lounge at the above
26 address in the space located immediately west of the Salvation Army
27 Thrift Store as provided in a IICII Commercial zoning classification.
28 The Notice of Hearing had been published in the January 4th Bulletin and
29 mailed to all property owners of record within 350 feet of the subject
30 property. No one present reported failure to receive the notice or
31 objected to its content.
32 Staff Report - Dave Childs
1 Mr. Childs reiterated much of the information he had provided the
2 Commissioners in his January 13th memorandum, including:
3 *that the lounge had been forced to relocate from the St. Anthony
4 Village Center when the H.R.A. acquired that center as part of the
5 Kenzie Terrace Redevelopment Project;
6 *the proposed use met all three criteria outlined in his memorandum
. 7 required for a conditional use permit for a recreational
8 establishment;
9 *the success of the lounge in its former location and the fact that
10 the Manager was aware of only one police call to the establishment in
11 five years and no other complaints during that period seemed to
12 indicate no problem for the City having the lounge move to the new
13 location;
14 *staff received no calls following the publication of the Notice of
15 Hearing;
16 *the hours of operation have already been established by City Code
17 which requires all recreational establishments to be closed from 1:00
18 to 6:00 A.M. ;
19 *adequate parking space is available to conform with code
20 requirements.
21 A sketch of the proposed signage for the establishment had been sent
22 around for all the Commissioners to view and the City Manager indicated
23 he anticipated that those plans could be adjusted, if necessary, so as
24 not to require a variance. If a variance is required, however, that
25 request could be presented at the next or. another future Commission
26 meeting.
27 Proponent - Robert Slick, 3400 Buchanan Street N.E. , Minneapolis, MN
28 *discussed the site plans ' in the agenda packet, telling Commissioner
29 Werenicz that there would be 7,758 square feet of space in the new
30 location to accommodate the 68 tables for seating for up to 272
31 persons as compared to the 5,000 square feet in the St. Anthony
32 village Shopping Center location, which seated about 210 persons where
33 the City Code allowed 300 occupancy;
34 *confirmed that the middle two numbers in the address on his
35 application and repeated in the Notice of the Hearing had been
36 transposed;
37 *pointed out that the St. Anthony location had raised roughly
38 $200,000.00 for charitable purposes during the five and a half years
39 they had been in operation and had also worked with the community
40 schools to create drug awareness for the students;
2
1 *told the Commissioners he and his wife liked St. Anthony and wanted
W2 to keep their business in the Village;
3 *reported they were putting together a franchise to go nationwide with
4 the non-alcoholic lounge concept and would want to make the new lounge
5 a prime example of what could be accomplished with that concept;
6 *said he perceived that not only the owners would benefit by upgrading
7 the new establishment, but the whole community would now be offered
8 the "best of all worlds in recreational alternatives" with this non-
9 alcoholic lounge and the City's liquor operation which is second to
10 the most successful in the state.
11 When Commissioner Werenicz asked the applicant what type of security
12 he had at his previous location, Mr. Slick told him the establishment
13 only had a few rules but they were so stringently enforced that he had
14 never needed to hire outside security. He- said the only incident of a
15 disagreement which had arisen in the five and a half years he had been
16 in the other shopping center had been over a pool table which had been
17 settled immediately by four other customers in the lounge at that time.
18 Mr. Slick reported that his clientele had always followed the
19 establishment's direction to "treat the lounge like their own living
20 rooms". He said the average age of his customers was between 30 and
21 35 years and no one under 18, even if accompanied by an adult, was
22 allowed in the establishment.
0 3 No alcohol or drugs or persons under the influence are allowed on the
4 premises, according to the applicant, even the bands who play there
25 on weekends are given to understand that if they can't play for four
26 hours without using, they needn't bother to show up at all.
27 Mr. Slick assured the Commissioners that if the increased capacity
28 created problems which wouldn't be handled internally, he certainly
29 wouldn't hesitate for a minute to hire as much security as would be
30 necessary. commissioner Werenicz indicated he perceived the
31 establishment's past history in that area spoke for itself.
32 The proponent reported the lounge would continue to be open from 9:00
33 P.M. to. midnight, Monday through Thursday, and from 4:00 P.M. to 1:00
34 A.M. on Fridays and Saturdays when they have a band playing. A disc
35 jockey program is planned for Wednesday nights which would be over by
36 midnight. The owners plan to continue to be open on Sundays from noon
37 to 6:00 P.M. only during the football season
38 Mr. Slick told the Chair he wanted to be in and operating the new .
39 establishment by March 3rd. He told Commissioner Brownell they would
40 not be taking all the vacant space in that building because he
41 understood there were still between 28,000 and 30,000 square feet left,
42 including the . loading dock area on the southwest side. There would
43 be new bronzed double doors into the establishment close to the
3
1 northwest end of the building and he planned to keep both existing fire
2 exits open as well, the applicant indicated.
3 Diane Slick and the couple"s daughter, Lisa, were also present but
4 didn't speak. When no one accepted Chair Wagner's invitation to
5 provide further input, either for or against the proposal , he closed the
6 hearing at 7:55 P.M.
7 Commission Recommendation
8 Motion by Madden, seconded by Brownell to recommend that the City
9 Council grant the conditional use permit requested by Diane and Robert
10 Slick to operate the proposed non-alcoholic lounge at 2450 - 38th Avenue
11 N.E. , finding that: -
12 1. the questions statutorily required to be answered in the affirmative
13 had been answered properly in the application;
14 2. there were no calls either for or against the permit prior to the
15 meeting and no one spoke in opposition during the hearing;
16 3. parking is in conformance with code requirements and the Fire Marshall
17 will be checking out the establishment to assure that all fire codes
18 are met;
19 4 . this establishment is perceived to have provided a positive
20 contribution to the community inasmuch as the operation has been
21 successfully managed without problems for the City for over five years
22 and at the same time it of f ered a recreational alternative to the
23 City's liquor operation.
24 Motion carried unanimously.
25 Commission Perceives Variance for Tenant Directory as a Good Trade-off
26 for Long Overdue Improvements to the St. Anthony ShoRping Center
27 At 8:00 P.M. the Chair opened the public hearing on the request for the
28 above variance by reading aloud the Notice of the Hearing which had
29 been published in the January 4th Bulletin and sent to all property
30 owners of record within 200 feet of the subject property listed in the
31 agenda packet. No one present reported failure to receive the notice
32 or objected to its content.
33 Staff Report - David Childs
34 *reiterated much of- his January 13th memorandum which also was the .
35 basis for the motion of approval;
36 *indicated the pylon which was part of -the 11signage package" would
37 be much more attractive than' the existing center identification;
4
*said the uniform signage plan was something the Council and
2 commission had been seeking for a long time prior to granting any
more sign variances for center businesses;
4 *recommended the Commission consider approval of the variance with
5 installation of the tenant directory allowed only after the building
6 facia and new pylon sign have been installed;
7 *agreed with the Eberhardt Company's reasoning that center
8 identification is also needed from Kenzie Terrace from which most St.
9 Anthony customers approach the center.
10 Proponents Joseph DiSanto, representing the center owners
11 Rod Johnson, Eberhardt Manager of the center
12 Clayton P. Gosswiller and Dick Horst of Coast to Coast
13 Mr. DiSanto told the Commissioners that the owners intend to continue
14 renovating the center investing a quarter of a million dollars in the
15 project. He said:
16 *they would be installing a new sign band all along the facia of the
17 center buildings as indicated in the photos and sign plans distributed
18 for Commission viewing;
19 *the center owners had contracted with Sign Graphics of Dallas, Texas
20 to write the sign criteria and develop a sign design which would be
21 followed for this center. The same plan is being followed for a
402 similar 20 year old center in Dallas which the owners are also
3 renovating;
24 *the sign company had offered a bulk price for individual signs which
25 �the tenants could avail themselves of or contract for signs from a
26 local sign company;
27 *the sign band installation would be a joint project with a local sign
28 company and would serve to back light the individual signs;
29 *their intent would be to totally redo all the existing canopy facia
30 covering that with the sign band to include the library for which his
31 company would be paying for the signage as well as the Mobil station
32 from whom the owners have gotten some preliminary indication that they
33 would cooperate;
34 *the Dairy Queen would not be included because their signage is the
35 company logo.
36 Mr. DiSanto. indicated the pylon sign would have the same
37 characteristics as the tenant signage and directory and he gave
38 detailed descriptions of each. He requested that the City allow the
39 directory to be illuminated at night. He also reported that the owners
40 were very close to signing an agreement with Coast to Coast to come into
41 the vacant Penny grocery store and serve as the anchor business for the
5
I center. The center owner representative indicated one of the basic
2 concerns the prospective business representatibves had was whether their
3 store would be provided some sort of visibility from Kenzie Terrace
4 which he said was the main reason he was requesting the variance for
5 the tenant directory on the side of the buildings which now contains
6 no indication to the public of what's inside the center. He said with
7 the proposed directory, this business as well as other businesses in the
8 center who chose to be on the directory will have much needed exposure
9 on that side.
10 Mr. DiSanto indicated further that:
11 *the renovation is planned to start this April and he estimates would
12 take at least a month to complete;
13 *this doesn't mean all center tenants would have their new signs up
14 by then because they have to pay for their own signage and many of
15 the smaller stores may have to have more time to get the money to
16 pay for the sign;
17 *in the meantime the owners are proposing they be allowed to put
18 up temporary "good quality" canvas lettering to identify those stores
19 between the time the facia goes up and the tenants order their
20 individual signs;
21 *although he hoped all the tenants would realize the benefit of having
22 the new signage, he was not guaranteeing that would be the case right
.23 away and he pleaded on their behalf for the City to allow such
24 temporary signage.
25 Mr. DiSanto indicated the Eberhardt Manager had already gone around to
26 the 25 tenants in the center with signage packages and designs. He
27 showed as an example the blueprints for the library signage which the
28 owners would be paying for. He indicated Mr. Johnson had already
29 experienced success with some of the larger tenants like Snyders Bros. ,
30 Curtis Mathes, Mationwide Sewing Machine, etc. , who they expected to
31 "jump on the bandwagon right away" .
32 Chair Wagner told him he had talked to one of the tenants who might be
33 expected to "drag their feet" on signage and found he and many of the
34 others are planning to put up the new signage.
35 There was a discussion of whether the sign band would be wrapped around
36 the end buildings for stores which already had signage on the sides
37 of their buildings, with Mr. DiSanto saying the band might be expanded
38 past the current signage if the tenants lobbied as he expected them to .
39 retain those signs. However, he said Cokesbury had not yet volunteered
40 to put up the new signage but he hoped that once they saw the other
41 stores putting up their signs, they would also do so. The center owner
42 assured the Commissioners that he intended to eliminate all existing
43 signage to get "a really contemporary look" for the center with the
44 existing blue color band, and new facia and signs being proposed in the
6 .
1 rendering he presented and what was shown in the pictures of the Dallas
2 center which he had also passed around. Mr. DiSanto said:
3 *the overhang would be completely covered;
4 *the basic facia color would be a light cream color;
5 *the blue canvas that goes across the top would remain but the yellow
6 would be eliminated with only blue facia and blue on the bottom
7 showing;
8 *at some time further down the road, he would like to talk Snyder
9 Bros. into putting a very good looking prescription sign on the wall
10 between that store and the Fun Center;
11 *the facia would cover that portion of the upright in that area which
12 sticks out now and the portion which commissioners had expressed
13 concern would be covered up with a color which would blend in with
14 the colors on the building now;
15 *the same color scheme would be carried out in the pylon sign as would
16 be used in the sign band with lettering also to match that for the
17 stores;
18 *the signs would be made up with white background and colored letters
19 and the pylon sign would be interiorly lit.
0 0 Mr. Childs told Mr. DiSanto he would be recommending -that if the
1 directory signage were approved, that sign also be lit from the inside
22 rather than externally. The response was that although it would cost
23 more money, that was the way the center representative would also like
24 to go.
25 Mr. DiSanto told Chair Wagner the sign band would be five feet in height
26 but over the Coast to Coast, the band would be taken to seven feet just
27 to accentuate their being the anchor business in the center. . This
28 would be the only store for which this would be done. The sign channels
29 themselves would not be changed geometrically, he said.
30 The Chair told Mr. DiSanto he was concerned about extending the sign
31 band around the end building tops and perceived it would be very
32 necessary to get rid of the small signs under the canopy on the walkway.
33 He said he perceived the buildings' facing would not be changed but the
34 store fronts would now go from white to stone to brick and different
35 colors like blue on Schwinn's; white for the sewing center and brick for
36 Wycoff's and stone for other stores. However, he wondered what was .
37 going to happen regarding store signs which are now under the canopy.
38 Mr. DiSanto indicated that his intent was to have only the signs on the
39 facia, as well as those on the pylon and the directory in the center.
40 He said he would need City help to enforce the elimination of the
41 existing wall signs because he perceived by adopting the proposed sign
7
1 criteria, all existing signage would automatically become non-
2 conforming. Commissioner Franzese pointed out that the City had already
3 granted variances for the signs on the sides of the Cokesbury and
4 National Sewing Machine buildings which she already regretted and
5 wondered whether those variances could be overridden. Mr. DiSanto he
6 might seek further financing for extending the sign band around the
7 buildings to include that signage if that became a problem.
8 Mr. DiSanto said he wouldn't like to see large letters go up on the side
9 of those buildings, but would consider those options if the City wanted
10 him to. Commissioner' Franzese indicated she perceived a "cleaner look"
11 would result from not having that signage at all. Mr. Childs said he
12 would talk the matter over with the City- Attorney but thought that if
13 the City granted the new signage for the center because there is a
14 single ownership of that center, those previous variances would not
15 maintain their . standing. He suggested one of the conditions for
16 approving the directory and pylon signs be that all resultant non-
17 conforming signs to the sign criteria must be removed, including all the
18 wall signs. He then suggested the Commissioners recommend a time limit
19 be impose'd on the temporary signage being proposed by the center owners
20 under which, if the tenant opts for- not buying new signage which is in
21 conformance with the sign criteria, they not be allowed to put up
22 signage after a set time.
23 Mr. DiSanto confirmed that the owners would be paying for the directory
24 and the pylon and would be making space as available to those tenants
25 who want to be featured on either sign. That signage would also have
26 to conform with the overall signage for the center, he told Commissioner
2.7 Franzese. He confirmed that the three empty lines in the pylon
28 rendering duplicated space the center Merchants Association reserved on
29 the existing pylon to promote activities like sidewalk sales, etc. in
30 the center. He also indicated that of course there wouldn't be adequate
31 room on either the pylon or directory for all 25 tenants in the center
32 now, most of whom probably wouldn't want to pay what it would cost to
33 have their names on either sign.
34 Mr. Gosswiller indicated he perceived it would be essential for the
.35 directory to identify the center specifically. Mr. DiSanto indicated
36 his intent had been to utilize the upper panels for that purpose with
37 the rest of the space reserved for those tenants who want to be on the
38 same sign. The Coast to Coast Manager indicated the market survey his
39 company had taken of the area had indicated that anywhere from 60% to
40 80% of the center traffic comes from Kenzie Terrace, which made him
41 applaud the request for the directory sign which he perceived should
412 identify the center. .
43 Mr. Disanto confirmed that it was the owners' intent to get all the
44 store owners- to agree to maintain the same hours for sign lighting and
45 said he would be willing to put that proposal into written form if that
46 was what the City wanted. He also said there might be one or two other
47 colors allowed for signs other than the red, blue, green and orange
48 specified in the sign criteria. He told Commissioner Madden he was
8
1 going to try to get a complementary pattern for that signage but would
0 2 be unable to force conformity for stores whose corporate colors might
3 now allow conformance. He agreed that probably only the four largest
4 tenants would be featured on a directory the size that would be
5 allowed. He reiterated that which tenants appear on the pylon sign
6 would depend on their ability for pay for that signage and the
7 availability of space on the sign. Again the major tenants would
8 probably want to be recognized on that sign which would accommodate only
9 up to about ten names. commissioner Franzese said she agreed with the
10 Coast to Coast representative that the directory would be most important
11 because most of the customers would probably come from Kenzie Terrace
12 and need to know the shopping center is there and which stores are in
13 it. She was told that trying to put all the tenant names on one sign
14 would tend to diminish the sign's impact much as had happened when the
15 City had acceded to the Apache Medical Building's desire to have all the
16 different businesses listed on their directory, which most Stinson
17 Boulevard drivers hardly noticed at all.
18 C mmission Reaction
19 Commissioner Hansen commented that he was "very pleased" with the
20 proposals the owners were making that evening for improvements which
21 were long overdue for that center. -
22 Chair Wagner agreed and indicated he perceived a willingness on the
23 Commission's part to do what they could to "clean up some of the loose
24 ends" like persuading the tenants to take down their existing signs.
05 Mr. DiSanto indicated his appreciation of their comments saying he
26 recognized that up until he visited the Council in September there had
27 been a lack of good relations between the City and the owners. He
28 said he expected to provide direct supervision of the renovation project
29 and would probably visit the City on a weekly basis until the job was
30 completed. He clarified that the only reason a second sign f or a
31 tenant had been mentioned in the Sign Criteria had been because he
32 hadn't understood Coast to Coast's corporate trademark, which was vital
33 to their going into that space, would be considered a part of their
34 sign.
35 Mr. Childs told him that with 78 feet of f r6ntage on the store they
36 would be going into, Coast to Coast should have no problem fitting all
37 that into the 150 square feet of sign surface they would be allowed.
38 He also said the City would count both the lettering and the symbol
39 depicted on the sketch of the proposed sign for that store as one sign.
40 The Commissioners were then told that each tenant would control the
41 power to the individual signs which might make uniformity of hours of
42 lighting difficult with some stores not staying open as long as other
43 businesses in the center.
9
1 Mr. DiSanto told Commissioner Werenicz that he expected some tenant
2 resistance to the uniform signage at the outset, but if experience with
3 other centers hold true to form, he really didn't envision a lot of
4 temporary signs remaining up on the fascia once that "new look" is
5 complete. He perceived those store owners who are at first reluctant
6 would eventually feel out of place with signage less attractive than
7 their neighbors. The center spokesman said he knew all those tenants
8 recognized the value of good signage and would think they would want to
9 "jump on the band wagon" as soon as their neighbors but conceded that
10 might not be true of every one of them. He said he could make no
11 promises that compliance would come easily. Mr. Disanto indicated the
12 bulk rate would be offered to each tenant to order signage from the
13 Dallas sign company but each would be given the option of contracting
14 for his own sign as long as it conformed to the specifications for
15 lettering and fit on the anchor bolts on the fascia. He also indicated
16 the Eberhardt people would be "out in full force" after final approval
17 to inform the existing tenants that the Commission had given preliminary
18 approval to the concept and if final approval by the Council follows,
19 uniform signage would be enforced come April . Mr. Johnson indicated
20 he had held a first meeting to present the plan to at least 90% of the
21 tenants and the second meeting would just reconfirm that the sign plan
22 is going into effect and to work out specific lettering for each store.
23 When commissioner Werenicz asked for guidance related to what he
24 perceived would be a reasonable time limit for getting the temporary
25 removed, Mr. DiSanto said he thought the tenants should at least be
26 allowed three or four months after April to make up their minds because
27 he perceived many of the merchants they would be dealing with might not
28 be in a financial position to put up the new signage right away and it
29 might not be fair to force them to comply any sooner.
30 No one present responded to the Chair's invitation to speak either pro
31 or con related to the variance and he closed the hearing at 9:00 P.M.
32 Motion. by Franzese, second ed by Madden to recommend the City Council
33 grant a variance from the City-*s Sign Ordinance to the Eberhardt Co.
34 on behalf of the St. Anthony Shopping Center for a 6 foot, 6 inch by 6
35 foot, 1 inch (total 39.6 square foot) tenant directory sign to be
36 mounted on the northwest wall of the former Brown Photo location facing
37 Kenzie Terrace as shown in the drawing in the Planning Commission's
38 January 17, 1989 agenda packet.
39 Included in the variance would be:
40 1. The allowance of the new 260 foot pylon sign for the 'center also
41 included in the agenda packet which would be 40 square feet below the
42 maximum allowed size, and
43 2. Signage criteria for the center tenants which will be used in
44 conjunction with the new sign band for buildings which would allow
45 only individual lettering and has limits on the size and number of
46 signs.
10
W1 The Planning Commission further recommends that the following conditions
be imposed on the granting of this variance:
3 a. The temporary canvas lettering proposed to be put up when the sign
4 band is installed on the fascia sometime around April 1, 1989 to
5 identify those tenants who have not yet signed up for permanent
6 signage would be allowed to remain on the sign band only three months
7 after completion of the sign band.
8 b. All current signage on the building fascia including underhanging
9 signs will have to be removed with the installation, of the new sign
10 band.
11 c. All sign lighting except that on the pylon sign and the tenant
12 directory will have to be turned off at midnight.
13 d. The variance is valid for a period of 24 �months from date of approval
14 after which time it becomes invalid if the project is not started.
15 In recommending this variance be granted, the Planning Commission finds
16 the following special circumstances support the variance request:
17 1) The shopping center fronts on both Highway 88 and Kenzie Terrace but
18 no identification of the center or its tenants is currently available
19 on Kenzie Terrace.
4 0 2) The center buildings have their backs on Kenzie Terrace, further
1 screening their visibility.
22 3) The 39.5 square foot directory when coupled with the 260 square foot
23 pylon sign is still less than the center would be allowed if there
24 were a pylon sign only.
25 4) No calls either for or against the variance were received by staff
26 prior to the hearing and there were no expressions of opposition
27 during the hearing.
28 5) The three conditions required be met have been met in this request.
29 In recommending that this variance be granted, the Planning Commission
30 wishes to go on record as commending the owners for making these long
31 overdue improvements to the St. Anthony Shopping Center.
32 Motion carried unanimously.
33 Nr. Disanto advised that another appointment in another city would
34 prevent his attendance at the Council meeting where the Commission
35 recommendation would be presented, but indicated Mr. Johnson would be
36 gong in his stead.
1 The discussions between the Commissioners which followed indicated they
2 perceived it would be only fair to give the tenants most of the summer
3 to get financing for the signs. The possibility that lighting the
4 signs all night might prove to be an annoyance for the residents in the
5 new apartment buildings going up next to this shopping center who can
6 see some of the stores from their windows was explored.
7 MISCELLANEOUS
8 PLANNING WORKSHOP
9 Commissioner Brownell asked Ms. VanderHeyden to make reservations for
10 him to attend the special workshop to be held at the Breezy Point
11 Resort, February 9th. Commissioner Werenicz indicated interest in
12 attending the February 23rd workshop at the Earle Brown Center.
13 ELECTION OF OFFICERS FOR 1989
14 The Commissioners based the following on the indication from the City
15 Manager that although the Council had not been able to officially
16 appoint the incumbents to their same seats on the Commission which were
17 vacated by law at the end of December, he had sensed that was their
18 intent following the interviews of candidates the Council had conducted
19 the previous Thursday evening.
20 Commissioner Madden Unanimously elected to Serve as Planning Commission
21 Chair
22 Motion by Werenicz, seconded by Franzese to nominate John Madden as
23 Commission Chair for 1989.
24 Motion by Franzese, seconded by Werenicz to elect by acclamation.
25 Motion carried unanimously.
26 Commissioner -Hansen to Continue Service as vice chair for 1989
27 Motion by Franzese, seconded by Madden to nominate Ron Hansen to serve
28 as Planning Commission vice chair during 1989.
29 Motion by Franzese, seconded by Werenicz to elect by acclamation.
30 Notion carried unanimously.
31 ADJOURNMENT
32 Motion by Hansen, seconded by Werenicz to adjourn the Planning
33 Commission at 9: 35 P.M.
34 Mption car-ried unanimously.
Respectfully submitted,
Helen Crowe, Secretary
12
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DArIME : HE le .APPnOVAI, :
�"Oe. .
February 16, 1989
'ro : Planning commission Members
HIROM Z Susan L. VanderHeyden, Assistant to the City Manager
:E'jrRM : SALVATION ARMY THIRIFT STORE, 2500-38TH AV&NUE N.E.
SIGN VARIANCE REQUEST
The Salvation Army Thrift Store has requested a variance from the Sign
Ordinance of the City Code to allow two 7 feet X 3 feet (21 square feet
each) signs to be located on the canopy on the building, in addition to
the existing 50 foot X 3 foot wall sign. The store frontage is 140
feet.
Section 430, Subdivision 8b of the Sign Code allows one wall sign, no
larger than 150 square feet, per business. This request is for two
additional signs, increasing the sign surface area by 42 square feet,
bring the total sign area to 192 square feet.
Justification of special circumstances supporting the variance request
by the applicant include:
1. With the 140 foot building front, the canopy signs identify where the
entrance to the actual store is.
2. The size of the building and its large number of occupants and
entrances makes it necessary for the Salvation Army Thrift Store to
add this signage.
The existing wall sign is at the maximum square footage of 150 feet.
In addition, the bus-iness has only one frontage and is not located on
a corner. (Previous consideration -ha.s been given --for variances at
corner businesses. )
The two canopy signs are probably more visible and effective than the
existing - wall - signage. A compromise could be made by hav.ing the
existing wall signage removed in exchange for the two canopy signs.
No calls have been received regarding the variance, either for or
against.
ec
jk2.21.89
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, February
21, 1989 at 7: 35 P.M. in the Council Chambers of the City Hall,
3301 Silver Lake Road (enter northeast corner) for the following
purpose:
Request from Salvation Army Thrift Store, 2500 - 38th Avenue
N.E. , for a variance from the Sign Ordinance of the City Code
to allow two 71 X 31 (21 square feet each) signs to be located
on the canopy at the above location in addition to the
existing 501 X 31 wall sign.
The Sign Code allows one wall sign per business, not larger
than 150 square feet in sign surface area. This variance
request is for two additional signs, totalling an additional
42 square feet in sign surface area.
Anyone wishing to be heard with reference to the above matter will
be heard at said time and place. Questions regarding this matter
may be referred to the City Manager, 789-8881 .
David M. Childs
City Manager
Publish: Bulletin, February 8, 1989
MAILING LIST 2500 - 38TH AVENUE N.E. (SALVATION ARMY THRIFT STORE) ?/89
Baker's Square C. G. Rein American Family Insurance
3701 Stinson Boulevard 949 Sibley Memorial Highway 3800 Apache Lane
St. Anthony, MN 55421 St. Paul , MN 55118 St. Anthony, MN 55421
Apache Office Building Pizza Hut Apache Car Wash
2500-39th Avenue N.E. 3801 Stinson Boulevard 3725 Stinson Boulevard
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Soo Line Railroad JVK Construction EFH Co.
105� S. Sth St. & Aarquette 11484 Martin Street, 1601 E. Highway 13, #204
Minneapolis, MN 55402 Coon Rapids, MN 55433 BurnsVille, MN 55337
Robert Slick
2504 - 38th Avenue N.E.
St. Anthony, MN 55421
CLOTHINS wl"I Sim t-,FURInRE
THRIFT
STORE
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STORE
FCLO..THING 0 THRIFT ..STORE 0 FURNI
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WDA�1-]E : illa A,.PPROVAIL :
February 16, 1989
Planning Commission Members
]FROM :
Susan L. VanderHeyden, Assistant to the City Managpr
X'EIEM VILLAGE PROPERTIES, INC. , 3800-3808 MACALASTER MANOR
APARTMENTS, CONDITIONAL USE PERMIT REQUEST
This is a request from Village Properties, Inc. , for a conditional use
permit to allow the establishment of a daycare facility in an R-4
apartment zoning classification at 3800-3808 Macalaster Drive N.E.
The proposed use would include 12-15 children in a 1,050 square foot,
garden level , two bedroom apartment dedicated for the daycare use.
Section 7, subdivision 3 , number 3 of the Zoning Ordinance, states
permitted conditional uses include:
1. Service or convenience type businesses, including grocery stores,
pharmacies, barber shops, and beauty shops catering to the residents
of the building complex, and that
2. the area is not to exceed 1,000 square feet, and
3. that there will be no advertising or signing on the exterior of the
building or in any yard.
Justifications for this request include:
a. The proposed facility would improve the welfare of the building's
residents, and
b. the need for daycare facilities is a national priority, and� this
facility would provide a much needed service to the residents of
Macalaster Manor Apartments and possibly to surrounding apartment
communities.
The proposed daycare facility is a new idea -that has not been considered
by the City before.
No calls have been received regarding the conditional use request,
either for or against.
:cjk2.21.89
Date: Pphruary 15, 1989 Fee: $100.00
CITY OF ST. ANTHONY
APPLICATION FOR CONDITIONAL USE PERMIT
(other than day care center)
Applicant: Village Properties Phone: 781-3381
Address: 2500-39th Avenue N.E. #230, St. Anthony, MN 55421
Status of applicant (owner, buyer, renter, agent, etc. ) : Owner
Street address and/or legal description of property in question:
-1800-IROR MAnAlastpr Drive N.E.
Zoning district in which property is located: R-4
Conditional use proposed:—usp a two bedroom apartment as a
licenSpa Famj1V nAy ,cArp Cpntpr
Minnesota Statutes and City ordinances require that the following
conditions be satisfied before a conditional use may be authorized.
Please respond to these conditions, using additional sheets, if
necessary.
1) The proposed conditional use is one of the conditional uses
sRecifically listed for the zoning district in which it is to be
located- Day care is -,.----boul-, listed- as a permitted conditional use.
.2) The proposed conditional use will not be detrime tal to the health,
'safety, or general welfare of persons residing or working in the
vicinity or injurious to proRgrty v'alues or improvements in the
vicinity-The proposed facility will improve the welfare of many of the
residents of the facility and will enhance property values through improved
occupancy and tenant satisfaction.
3) The proposed conditional use is necessary or desirable at the above
location to provide a service or a facility which is in the interest of
public convenience and will contribute to the general welfare of the
neighborhood or community.
The need for day care services is a recognized
national priority. The proposed Family Day Care Center will provide
this service to residents of Macalaster Manor Apartments and possibly
surrounding apartment communities.
Signature of applicant:
10 0 . 0 O �E
P.O. BOX 18875
VILLAGE PROPERTIES 2916 PENTAGON DRIVE N.E.
NNNEAPOUS,MN_!!!jjjk_
Januacy 9, 1989
Dave Childs
.St. Anthony City Manager
3301 Silvec- Lake Road
St. Anthony, Minnesota 55418
Dear Dave:
As we discussed today, we have an interest in establishing a day
care facility at Macalastec Manor Apartments located at
3BOO-3808 Macalastec Drive N.E. in St. Anthony. This facility
would primarily be for the use of Macalaster residents.
We propose to dedicate a two bedroom garden level apartment to
this purpose and to contract with a licensed day care provider
for management. We anticipate that the program would include 12
to 15 children.
It is my understanding that this is a permitted use with a
conditional use permit under current zoning. Accordingly, I
request that you initiate the necessary administrative action
for Village Properties to apply for this permit.
Also, I would appr eciate your advising us of any building or
fire code requirements that we need to consider for this use.
Thank you for your assistance. Please contact me at 781-3381
with questions.
S Lin:c ZY
Kenneth Solie
KES:lsw
CITY OF ST. ANTHONY
NOTICE OF HEARING
CONDITIONAL USE PERMIT
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, February
21, 1989 at '8:00 P.M. in the Council Chambers of the City Hall,
3301 Silver Lake Road (enter northeast corner), for the following
purpose:
Consideration of a request from Village Properties, Inc. for
a conditional use permit to allow establishment of a daycare
facility in an R-4 apartment zoning classification at 3800-
3808 Macalaster Drive N.E.
The proposed use would include 12-15 children in a two bedroom
apartment dedicated for said daycare use.
Anyone wishing to be heard with reference to the above matter will
be heard at said time and place. Questions regarding this matter
may be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Publish: Bulletin, February 8 , 1989
Soo Li ne Rai I road -.Waco, lnternational Twin .City Federal
105 S. 5th Street & Marquette . 3720 Macalaster Drive 3899 Silver Lake road
Minneapolis, MN 55402 St. Anthony, MN 55421 St. Anthony, MN 55421
Kenneth Lee Duane Stanley Robert Donnelly
3904 Penrod Lane 3012 - 39th Avenue N.E. 3112 - 36th Avneue N.E.
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55418 .
iino-39th Ave. N.E.
Harvey Sperry David Dreier Gary Summerville
3104 - 39th Avenue N.E. 3106 - 39th Avenue N.E. 3110 - 39th Avenue N.E.
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Warren Phillips . Young Tzung Shih Suzette Decheine
3108 - 39th Avenue N.'E. 3200 - 39th Avenue N.E. 3200 - 39th Avenue N.E.
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, 'MN 55421
Margaret & Walter Hamzavi Kay Sunder Renae Yun
3202 - 39th Av&.Yue N.E. 3204 - 39th Avenue N.E. 1300 Nicollet Mall
St. Anthony, MN 55421 St. Anthony, MN 55421 Minneapolis, MN 55403
Re: 3204-39th Ave. N.E.
William Penny R. J. Kleinman Northern States Power
3206 - 39th Avenue N.E. 1409 Willow 1518 Chestnut
St. Anthony, MN 55421 Minneapolis, MN 55403 Minneapolis, MN 55403
Re: Diamond 8 Re: 3716 Macalaster
John Krohn Frances Sandberg
1 Groveland Terrace, #40 3811 Belden Drive
Minneapolis, MN 55403 St. Anthony, MN 55418
Re: 3817 Macalaster 3820 Macalast-er
MAILING LIST - 3800-3808 MACALASTER 2/89
ai 0
IDA'ICV- : a APPRO'VAIL :
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Arr-
February 16, 1989
Planning. Commission Members . .. . . .
Ynom Susan L. VanderHeyden, Assistant to the City Manager
HARDEE'S, 4004 SILVER LAK� ROAD, SIGN VARIANCE REQUEST
Hardee's Inc. , 4004 Silver Lake Road, has requeste'd a variance from the
.Sign ordinance- of the City Code-_to allow a. 37.1 square foot wall sign
on the westerly portion of the south facing mansard roof. This sign
would be in addition to the 76 square foot freestanding sign which was
granted by a variance in 1985.
The Sign Code allows for only one sign per establishment.
Justification of special circumstances supporting the variance request
by the applicant include:
1. The restaurant and freestanding sign cannot be seen from Apache Plaza.
2. Visibility of the freestanding sign is blocked by vehicles parked in
the Mobil gas station next door. This results in southbound traffic
being unable to see the existing sign.
In comparison, in August of 1988, Burger King was granted a sign
variance allowing them -
a. a 4 foot X 4 foot (16 square foot) Burger King logo to be mounted on
the south side of the proposed building;
b. an 18 inch X 14 foot, 6 inch (21.75 square foot) wall sign on the east
side of the building;
c. a 6 foot X 6 foot (128 square foot) monument type sign which would be
located adjacent to Silver Lake Road at the north entrance to Apache
Plaza. (Only for drive-thru advertisement.� )
Total 109.7 square feet, 150 allowable (usually in one sign) .
No calls have been received, either for or against.
:c
jk2.21.89
Date: Fee: $25.00
CITY OF ST. ANTHONY
PETITION FOR SIGN VARIANCE
1 -0
Applicant: ee 5 1 — Phone: 14 yy
AddressJ04 'OlLe6 k a All
Status of applicant (owner, buyer, renter, agent, etc. ) :
Street address and/o I Id ro t etitioned for
variance: 1,51
�m -Atz
Zoning district in which property is located;
-Request: eff ro-OLF
Minnesota Statutes and City Ordinances require that the following
conditions be satisfied for approval of this request. Please respond
to these conditions, using additional sheets, if necessary.
1) The granting of the variance will not be detrimental to the public
welfare or injurious to other property in the neighborhood or village.
2) A particular hardshi to the applicant would result if the strict
letter of the regulations are adhered to.
3) The conditions upon which the ap ications for a variance is based
are unique to the parcel of land which the va a&e is sought and
are not applicable, generally, ther rty i n the same land-
use classification.
Signature of applicant: r
ZfL
%
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, February
21, 1989 at 8:..30 'P.M. in the Council Chambers of the City Hall,
3301 Silver Lake Road (enter northeast corner) for the following
purpose:
Consideration of a request from Hardee's Inc. , 4004 Silver
Lake Road, for a variance from the Sign Regulations of the
City Code to allow installation of a 37.1 square foot wall
sign on the westerly portion of the south facing mansard roof
on the existing restaurant. The Sign Code allows one sign per
establishment and a freestanding sign granted by a variance
in 1985 currently exists on the site.
Anyone wishing to be heard with reference to the above matter will
be heard at said time and place. Questions regarding this matter
may be referred to the City Manager, 789-8881.
David M. Childs
city manager
Publish: Bulletin, Fe bruary 8, 1989
MAILING LIST - 4004 SILVER LAKE ROAD (HARDEES) 2/89
Leonard Andreasen Terry Landeen Susan Follett
3937 Silver Lake Road 3943 Silver Lake Road 4001 Silver Lake Road
Anthony. MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Howard Ekberg Chester Krumm Iris Baran
4003 Silver Lake Road 4005 Silver Lake Road 4007 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Robert Spano Anton Olson Dominic Ardito
4009 Silver Lake Road 4011 Silver Lake Road 4013 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Joyce Hegstrom Leonard Bona Judy Scott
4015 Silver Lake Road 4017 Silver Lake Road 3911 *Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Robert Gorzycki Margaret Bevan Elmer Dick
3913 Silver Lake Road 3915 Silver Lake Road 3917 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Ruby Kallestad Ruth Holien ' Valerie Johnson
3919 Silver Lake Road 3921 Silver Lake Road 3923 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Bernice Pehling Leo Donahue Dale Siegrist
3925 Silver Lake Road 3927 Silver Lake Road 3929 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Adeline Strochein Edward Mattson Robert Morgan
3931 Silver Lake Road 3933 Silver Lake Road 3935 Silver' Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Gladys Johnson Lois LeTourneau Mary Kules
3939 Silver Lake Road 4021 Silver Lake Road 4035 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. .Anthony, MN 55421
andice Krieger Leonard Maile Susan SutkowskiL
023 Silver Lake Road 4025 Silver Lake Road 4027 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Michael Pisansky James Ardito Daniel Isaacson
4029 Silver Lake Road 4031 Silver Lake Road 4033 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St.. Anthony, MN 55421
C. G. Rein Company Apache Mobil Service Sentinel Management
949 Sibley Memorial Highway 4000 Silver Lake Road 5151 Edina Industrial Blvd.
St. Paul , MN 55118 St. -Anthony, MN 55421 Minneapolis, MN 55435
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The applicant's representative was advised that it would be beneficial
for either Mr. Aulwes or someone representing his interests to be
present at the Council's August 23rd consideration of his petition.
Commission ARproves Permit for a Burger King Restaurant at ARache but
Has Concerns About Sigmage
-!At 8: 27 P.M. the Chair read aloud the two Notices of Hearing for a
Conditional Use Permit and Sign Variance for the above restaurant which
_57 had been published in the August 3, 1988 Bulletin and sent to all
property owners within 350 feet of the Apache property line on Silver
Lake Road. No one present reported failure to receive the notices or
objected to their content.
ProWsal:
*request from C. G. Rein Company, Apache owner, for the necessary
conditional use permit and sign variance to allow the construction of
a Burger King restaurant with a drive-up window in the same area as the
vacated Sports and Health Club building which would be torn down;
*three signs totali ng 165. 75 square feet are proposed for the building
where the City Sign ordinance allows only one sign per business and
a total of 150 square feet of signage for this building:
1) A 4 foot X 4 foot (16 square feet) Burger King logo to
be mounted on the south side of the proposed building;
2) An 18 inch X 14 feet 6 inch (21.75 square feet) wall
sign on the east side of the building;
3) An 8 foot X 8 foot (128 square feet) monument type sign
which would be located adjacent to Silver Lake Road at
the north entrance to Apache Plaza.
Staff ReDort:
*Childs reiterated the information he had given in his August
12th memorandum in the agenda packet, including his. comments related
to the , possible downgrading of the monument sign size to bring the
signage in closer conformance with 'the Sign Ordinance regulations and
the f act that the issue of hours . of operation had been previously
handled by the City when restaurants were required to be closed from
1:00 A.M. to 6:00 A.M. ;
*indicated. the Commission could address that issue as well as issues
having to do with traf f ic, etc. when they made their recommendation
regarding that particular use;
*advised that the City Sign Ordinance does not allow free standing
signs without variance but the Apache management perceives the necessity
9
for street identification of this restaurant which would be constructed
more than 400 feet back from Silver Lake Road;
*reported staff had received no calls or letters related to these
proposals but he had received a call from Jake Cadwallader of the
Cadwallader Realty Company across Silver Lake Road who asked for further
information about the proposals but did not register any objections to
the City granting the variances;
*reiterated that every foot taken from the outside dimensions of the
proposed monument sign would represent a substantial reduction of the
signage size;
*inform ed the Chair that he had checked on the Hardee's Restaurant
signage and found the minutes of the meetings on the signage indicated
the restaurant had been granted a variance for a monument sign 55 square
feet on each side in lieu of the existing pylon roof sign which had also
required a variance, but the owner had decided to keep the roof sign
instead;
*said the request for a monument sign for-the Midwest Federal building
just east of this building had been tabled and never resubmitted by the
applicants, who had been directed to come back with options for the
three signs they already had erected on the building after it was
reconstructed following the 1984 tornado.
ProRgnents:
Dennis Cavanaugh, President of the C. G. Rein Company and Bill Sikora,
Project Manager for the Rein Company.
Mr. Sikora indicated the following about their request:
*the restaurant would basically be a replacement for the existing
building which is beyond repair and was poorly built 25 years ago with
little or no insulation;
*the existing structure would be torn down and the restaurant built
a little bit closer to Silver Lake Road but still about 450 . feet from
the street;
*the visibility for this Burger King Restaurant would be very . poor
compared to what those restaurants usually have;
*the view coming south on Silver Lake Road is obstructed by the gas
station and the Equinox Apartment building and also pretty well screened
for traffic going north;
*'for this reason the Apache management was requesting a monument sign
on Silver La-ke Road to indicate the restaurant's presence north of the
Apache complex.
10
The Rein representative indicated they were proposing to keep the
existing concrete island next to the one way street which would become
a drive-up lane for the service window. The trees which are planted
in the island would be retained. The area in front of the restaurant
and the existing parking lot would be landscaped as shown on the site
plans which had been included in the commission's agenda packet. Mr.
Sikora indicated a row ' of three foot high amur maple "bushy screen"
would also be provided along the south side of the internal service
road to Silver Lake Road which runs next to the garages f or the
apartment buildings. This screen would provide a buffer f or the
apartments.
The existing parking lot in that same area has spaces for 2,800 cars and
Burger King would need 35 or 40 parking spaces and the Rein management
representative perceived they now had an opportunity for breaking up
this large parking area with landscaping which would also screen the
parking area from the Silver Lake Road view.
The monument sign depicted on the site plans would be an 8 X 8 foot
sign mounted on a 2 foot high concrete base which would be located on
the south side of the access road off Silver Lake Road.
Mr. Sikora indicated the Apache management anticipated 80% of the
traffic to this facility to be generated from the mall itself and the
rest of the customers to come off Silver Lake Road. He added that the
traffic generated from this facility would be "a drop in the bucket"
when compared to the cars and customers coming to the shopping center.
The Project Manager agreed with the Chair's perception that the existing
entrance to the one way road to the drive-up window would be a "tight
squeeze for vehicles approaching from Silver Lake Road" and indicated
he had already anticipated having to widen that entrance. He said
another possibility would be to widen the existing island to about 15
feet wide so cars would have a better opportunity to straighten out
before entering the drive-up lane.
The Chair suggested the view of traffic entering the service road from
the restaurant might be obstructed by the trees. Mr. Sikora indicated
the planners had perceived it might be a good idea to screen the view
of the drive-up window and the existing refuse enclosure from the
.service road but suggested the island might be extended further west
or that exit closed off completely.
Mr. Sikora reiterated the sign on Silver Lake Road was necessary to let
the 20% or so prospective customers who ate not shopping at Apache know
the restaurant is there. He then pointed out that there is still
evidence at the base of the existing Apache pylon shopping center sign
that at one time Apache had monument signs.
When the . Project Manager said Burger King signs come in many sizes,
Commissioner Brownell pointed out that if the sign were reduced' to 6
feet X 6 feet, the total square footage would be 107.75 and a 7 foot
square sign would be 150.75. Mr. Sikora told him that if "push comes
to shovel' Apache would prefer eliminating the 16 square foot logo on the
south entrance to the restaurant, which he perceived "was pretty useless
anyway. "
When Chair Wagner suggested Midwest Federal might have some concerns
about a monument sign in that location, Mr. Cavanaugh told him the sign
had not been discussed with the bank because the decision was only up
to the center.
Townhome Residents Across Silver Lake Road Indicate Their- Concerns About
Restaurant
Eight of the residents from the townhomes across the street were present
to speak against the proposal .
Chester Kn=, commented that the quality of the five trees in that
island now would certainly prevent them from serving as a buffer for the
restaurant.
Leo Donahue said he lived right across from Midwest Federal and
corrected the designation of the service road as being 39th Avenue N.E. ,
which instead has a semaphore traffic control. When told the service
road was not. a. public street, Mr. Donahue said it was certainly used
by a lot of the public and he was concerned with the amount of traffic
he expected to be generated by this new restaurant. He said he would
expect many "young people who play their radios real loud" to frequent
this facility during the nighttime hours when -the older people in his
townhouse complex would be trying to sleep. He said the area already
has a Hardee's and a Zantigo restaurant as well as the oriental
restaurant in Apache and Bakers Square on Stinson and he questioned
whether another restaurant was needed. The complainant advised against
"sinking too many dollars into the facility if its success is going to
depend on customers from Apache Plaza. " Mr. Donahue reiterated his
concerns about the age of the customers who he perceived would be the
most likely restaurant customers. He said he understood thee had been
-a lot of police protection required for the Burger ' King at 19th and
Central and was concerned his neighborhood would be experiencing the
same type of problems with this facility. Mrs. Donahue wondered why the
restaurant traffic couldn't be directed behind Apache instead of onto
Silver Lake Road or at least required to use the semaphore exit instead
of the service road.
Dale Siegrist indicated he wasnt certain who was responsible for
maintaining the service road next to the apartments which the Burger
. King customers would be using, but indicated he had observed that
�Ilwatching the cars slipping, sliding, and rear ending on that incline
the past few winters had been a real circus" . He indicated he expected
the accidents which occurred on that road would be compounded unless the
street is sanded and better maintained if the restaurant goes in.
12
Arline Dic reported she had also seen many accidents on that service
road. She was also concerned that lighting from the restaurant
monument sign would be shining right into their townhome complex if the
restaurant is allowed to stay open late at night. The Chair told Mrs.
Dick all lighting on the restaurant sign would be directed north and
south and not in her direction. She was also reminded that the City
ordinance required the restaurant to be closed between 1:00 A.M. and
6:00 A.M. Mrs. Dick indicated that she was "still opposed to the sign
on Silver Lake Road because none of the other businesses had them and
she could see no reason why "all of a sudden we have to have this one. "
Hargmerite Andreason. Gladys Johnson, and Bernice Pehling from the
townhouse complex were also present to oppose the proposal.
Mr. Sikora responded to these objections by indicating:
*the removal of some of the concrete from around the five trees in
the island would probably cause them to grow better;
*shrubbery in the island would probably be damaged by the snow plows;
*confirmed that the service road was not a public road and belonged
to Apache and said he could see where early in the morning before the
mall is open thee might be problems on the sloped roadway;
*however, said he was certain Apache would also be made painfully
aware of any accidents which occurred because the first place those
involved in an accident would go would be to the Apache office to
complain;
*perceived most drivers like himself would avoid making a left turn
into the northbound Silver Lake Road traffic from the service road;
*he agreed that a large shopping center like this one generated a lot
of traffic for residential streets but thought putting up a light at
that intersection would be possible but rather improbable because of
the cost;
*in relation to the lighting from the restaurant shining int the
townhome windows, he said - that the lighting proposed for the sign on
the. building was not the type which projected out and the neighbors
would probably have a hard time .discerning the difference between the
restaurant lighting and the lighting which is already present in the
parking lot.
When Commissioner Hansen commented that he perceived the decision to
.put the restaurant in that particular location must have been strictly
the Rein Company's and he questioned the statement that the center
couldn't put in a curb cut to service a building which would be closer
to Silver Lake Road.
13
Mr. Cavanaugh told him Midwest Federal has a restrictive covenant in
their agreement with Apache which prohibits putting another building
within 200 feet of their building. He also said a building closer to
Silver Lake Road would block the view of other mall tenants.
When no further input to the discussion was offered, the Chair closed
the hearing at 9:03 P.M.
commissioners All in Favor of Granting Permit For the Restaurant, But
Split 3 to 2 Against the Sigm Variance
The following comments preceded the commission motions related to the
requested conditional use permit and the sign variance, which were
considered to be separate issues:
Hansen indicated he would have no problem with . granting a conditional
use permit for the restaurant, perceiving traffic congestion was a
natural occurrence in shopping centers. and reasonable actions on the
part of management can be taken to control traffic. He also said he
thought the existing drives would be able to take care of the addition-
al traffic generated by this facility, which would not be much different
from the business .which was there before in terms of people coming and
going.
However, the Commissioner indicated he was opposed to the sign,
perceiving the distance between the restaurant and the street was a
result of choice by the center management, who he thought had several
o'ther options for locating the restaurant on their property. He also
said he didn't consider an 8 foot X 8 foot sign to be "small" as it had
been described in the petition for a sign variance. He conceded that
the restaurant might be hard to see from Silver Lake Road but pointed
out that other large tenants in the mall suffered from the same lack of
identification which the City has always been reluctant to remedy by
allowing further signage. He indicated that he would hate to see
signs for Penneys, Warners, etc. all start to appear along Silver Lake
Road, which up to now the City has managed to keep residential appear-
ing.
The Commissioner answered the- Chairls- query about whether 'he would
consider voting for a smaller sign by saying he would not.
The Chair recalled a monument sign had been denied Zantigo's and
remembered that when the City had allowed Apache management to add a
sign for Herberger's below their center identification on the pylon
sign, the Council had warned that this would be the last sign of this
type which would be allowed at Apache. The general consensus was that
they had meant on the pylon sign.
Werenicz said he also favored granting the conditional use permit for
a Burger King restaurant because he had noted that most of the Burger
King facilities being constructed now were very nice buildings which are
tastefully done and from his observations of the manner in which they
14
are operated, had concluded one at Apache would be an asset to the
community. He disputed the information which had been offered regarding
the 19th and Central Burger King, saying he knew many of the Eastside
police and had yet to hear from any of them that this particular
restaurant was a "major trouble spot" in spite of the fact that the
. area is not the same as St. Anthony and the young people who frequent
that spot might not be the same as those who. would be customers of the
Apache restaurant.
The Commissioner indicated he wasn't really opposed to the Burger King
sign being erected in the spot which had been proposed, although he
would like to see it a little bit smaller than 8 X 8. He agreed that
scaling the sign down to 6 X 6 would result in a substantial decrease
in the total signage for this facility at the same, time it would serve
as an adequate identification for the restaurant.
Madden commented that he thought a Burger King Restaurant would
"brighten up" that part of Apache which had been neglected since the
Sports and Health Club closed. He said he also thought the 450 foot
distance between the restaurant and the street was a justification for
allowing an identification sign on Silver Lake Road to let people know
the restaurant is back there. The Commissioner said he wouldn't
object to an 8 x 8 sign but would go along with a smaller one if the
applicants were agreeable to reducing the size.
Brownell, indicated he would be in favor of granting a conditional us
permit for the restaurant but an 8 X 8 sign was a problem for him. He
said he was in favor of granting a variance for the signage on the
building and would not oppose a monument sign which would keep the
total signage within the 150 square feet the Ordinance - allowed this
building. The Commissioner said he would like to see some other way
of directing the restaurant traffic away from the facility so cars
wouldn't be exiting directly onto the service road whether that meant
extending the island next to that roadway farther to the west or
shutting off that access completely -and forcing the restaurant
.customers to use the 39th Avenue driveway with the semaphore instead.
Hansen stated that he wasn't opposing the signage proposed. , for the
building itself, but perceived the residents across Silver Lake Road
were justified in their opposition to a sign next to that roadway. He
reminded the Commissioners that the City ' had allowed those townhomes
to be built in that location and reiterated that he was opposed to
establishing. a precedent for more signage which would ruin the
appearance what is now "a very pleasant appearing street. "
The Commissioner disputed the assertion that the restaurant's location
Pad' it "unique" , saying its distance from Silver Lake Road had been the
choice of the Apache management and he didn't think they had proved any
"hardship" to justify a variance.
Chair Wagmeg said he had to agree that the shopping center management
had other options for locating the restaurant and with Commissioner
15
Hansen's conclusion that the City "didn't need another free standing
sign on Silver Lake Road. " Although he would be opposed to a sign as
large as the one proposed by the applicants, he was forced to
acknowledge the City had already set the precedent for approving
lighted monument signs in that area, which made it difficult to deny
some sort of monument signage for the Burger King restaurant. The Chair
said he could probably vote for a 6 X 6 sign.
Commission Recomme dations
Motion by Brownell, seconded by Werenicz to recommend the City Council
grant a conditional use permit to the C. G. Rein Company to construct
the f ree standing Burger King restaurant with a drive-up window
proposed in the site plans presented at the August 16, 1988 Planning
commission hearing with that permit made subject to the conditions in
the City Zoning Ordinance for a "C" Commercial Zone and limited to the
hours of operation contained in the City Code. The Commission
recommends that the permit also be subject to modification of the site
plans to provide southbound access into the drive-up land and to
prevent immediate access onto the north service road to extend the
existing island a minimum of 40 feet west without high landscaping, so
visibility of cars exiting the drive through land would be provided for
traffic on the service road.
Motion carried unanimously.
Motion by Werenicz, seconded by Madden to recommend the City Council
grant the request from C. G. Rein Company for a variance from the sign
regulations of the City Sign Ordinance to allow all the signage which
had been requested with the exception of the monument sign adjacent to
Silver Lake Road, which would be reduced to a 6 foot X 6 foot sign (72
square feet) which would bring the total signage for the three signs to
109.75 feet where the Ordinance would allow 150 square feet of signage
for one sign on that building. The monument sign would be internally
lit as indicated on the site plans for the building and could only be
lit during the hours of operation established for recreational
establishments. In recommending the variance be granted, the Planning
Commission finds that the fact that the proposed building would be
located- 450 feet from Silver Lake Road creates a unique circumstance
which calls for identification by signage closer to the street.
Before the vote was taken, Commissioner Hansen suggested that enlarging
the signage on the building itself might provide adequate
identification a street sign. He also wanted the -record to show that
eight residents in that area had spoken against the monument sign
during the Commission hearing.
Voting on the motion:
Aye: Werenicz and Madden
Nay: Hansen, Brownell, and Wagner
16
------------
o a ce o t
Comprehensive Plan Affirmed by Motion
Mr. Childs informed the Commissioners that the City Attorneys felt that
the motion to approve the zoning for the. Evergreen Tax -Increment
Project had not clearly indicated that the plan was in conformance with
the City's Comprehensive Plan and had suggested another motion
reaffirming that conformance would be desirable.
Motion by Madden, seconded by Brownell to affirm that the Evergreen
Townhouse proposal was in conformance with the City's Comprehensive
Plan.
Reservations to be Taken for Attendance at Planning Conference,
September 14-17th
Commissioners who were interested in attending any of the sessions of
the American Planning Association Upper Midwest Regional Conference at
the Holiday Downtown in Minneapolis were urged to let staff know in
time to make the necessary reservations. Mr. Childs indicated his
membership in the APA qualified -them for attendance.
Childs Gives Update, on Various City Projects
The Manager's report included:
*the carbon filtration plant enclosure;
*indication that after spending a couple million dollars to prove what
everybody else knew all along, the Army. appeared to be finally close
to accepting responsibility for contamination St. Anthony's water
supply;
*the 8 foot X 14 foot St. Anthony village identification sign to be
erected in the City's entrance in Trillium Park and median changes the
Public Works is making in that area;
*personnel and responsibility changes in the front office staffing;
*the mural suggestion had been withdrawn by the St. Anthony Shopping
Center managers;
*an invitation to attend the Army's information meeting to be held
in the Council Chambers;
*start of Rapid oil Station rebuilding project.
17
1 1) all three conditions required by statute to be satisfied affirmatively
2 before a variance can be granted, have been met with this proposal ;
3 2) the fact that the restaurant is located on three streets seems to
4 justify the variance;
5 3) no neighborhood opposition to the variance was expressed to staff
6 prior to or after the Planning Commission August 16th hearing or
7 demonstrated during either that hearing or the Council's consideration
8 of the proposal, August 23rd.
9 Motion carried- unanimously.
10 Applicant's WillingMess, to Locate Burger King SigM Next -to Sicmalized
lit Entrance Leads to Council Granting Sigm variance for Apache Restaurant
12 Sigmage
13 The Council agenda packet contained the same documents as had been
14 provided the Planning Commission with the addition of the floor plan and
15 elevations for the proposed restaurant building and a copy of the
16 minutes for the Council's December 5, 1985 meeting related to the sign
17 the Council had given the Hardee's Restaurant owner to erect a monument
18 sign on his property just north of Apache, which he had not erected to
19 date, preferring to keep the existing roof sign instead.
20 Propgnents
21 William Sikora, Project Manager for the C. G. Rein Company and Dennis
22 Cavanaugh, President of that company, were again present to seek
23 approval for a Burger King Restaurant to be erected in almost the same
24 location as the existing Sports and Health Club building on the north
25 side of Apache Mall as well as signage for the restaurant, which would
26 require a variance to the City's Sign ordinance.
27 Mr. Sikora reiterated much of the information he had given the Planning
28 Commission, -adding that the site plans had been redrawn to make the
29 changes suggested by the Planning Commissioners for rerouting traffic
30 flow from the drive up window in such a manner as not to interfere with
31 traffic on the adjacent north service road. A revised drawing of the
32 site with these changes incorporated was shown for the benefit of the
33 Council and residents of the townhomes directly across Silver Lake
34 Road-. The plans included the suggested widening of the medianeast of
35 the drive-through lane to 25 feet and showed tall bushes and trees to
36 screen. the call box and the parking lot adjacent to the site from the
37 Midwest Federal parking lot and the . view of the residents in the
38 townhouses. Similar screening was indicated for the service road and
39 Equinox Apartments on the existing island running east and west which
40 had been extended as requested farther to the west for safer traffic
41 flow away from the drive-up window.
6
........ .....
r4111111, _
1 The proponents defended the 8 X 8 foot monument sign proposed to be
2 erected 25 feet from Apache's eastern-most property line on the south
3 side of the service road off Silver Lake Road, indicating:
4 *the necessary utilities were already in place at that location;
5 *Burger King's lease was contingent upon their being allowed a
6 sign on Silver Lake Road; -
7 *Apache management could go along with reducing the sign to 6 X 6,
8 on which the Commission's vote had been based;
9 *they considered this to be a "unique" situation because of the 450
10 foot distance between the proposed building and the street which
11 required identification for "impulse" patrons;
12 *it seemed to them that Apache was being penalized for the outlot
13 setting for the proposed building and for .not platting the build-
14 ings in the shopping complex separately;
15 Mr. Cavanaugh added that:
16 *a building closer to Silver Lake Road on the same side as Midwest
17 Federal would have to be constructed 200 feet away from that
is building and one on the other side of the main entrance would
19 interfere with needed parking space south of the entrance;
20 *in either of those locations a building would block the
21 visibility of tenants in the mall while a building in line with
22 the main building would create "less clutter" than one closer to
23 Silver Lake Road.
24 Councilmember Enrooth indicated he perceived the precedent for monument
.25 signs, some larger than the proposed sign, and a good number of them
26 lighted, had .already been well established for that area along Silver
27 Lake Road. He identified 11 of these by name and reminded the townhome
28 residents that the City had granted them a variance for their own
29 identification sign not too long ago.
30 When Conaiissioner Hansen restated his concerns that a good many of the
31 businesses in and behind the mall like Country Store; the SAV liquor
32 warehouse; Domino's Pizza; Firestone Tire; etc. might be coming in for
33 signage identification on Silver Lake Road when they realized the City
34 had allowed Burger King signage on that roadway, Mr. Cavanaugh told him
35 Herberger's sign is the only exception to Apache's policy of not
36 allowing free standing signage for other than detached buildings in the
37 complex. It was also pointed out that the Domino Pizza store was in a
IS separate shopping center building with its own center identification;
39 Country Store and the SAV warehouse are both in buildings owned by
.40 Apache Plaza; and the Fireston.e store has two street frontages.
7
Ma
I 4ayor sundland commented that he perceived the sign might increase
'102 business for Apache and he thought the residents of the townhomes might
3 consider a small monument sign a good tradeoff for having a restaurant
4 built 450 feet away from the roadway instead of right across from
5 their homes.
6 Gladys Johnson, a townhome resident, told him the residents in her area
7 "couldn't see any need for a Burger King at Apache in the first place
8 and continued to believe the proposed sign would be 'very unsightly'
9 right across from their homes. "
10 Councilmember Ranallo recalled that he had voted twice against allowing
11 TCF the type of signage it now has but pointed out to Mrs. Johnson
12 that he perceived it would be very likely that if the City denied the
13 smaller 6 X 6 sign, Apache might decide instead to construct the
14 restaurant "right across from you" .
15 Commissioner Hansen interjected that he didn't think the townhome
16 residents should be "mislead to think they had no choice in the matter,
17 since there was no assurance the Commissioners would go along with a
IS Conditional Use Permit for a restaurant 200 feet from Midwest Federal.11
19 He said no such option had been offered during the Commission hearing.
20 Mr. Sikora 'responded thatApache was not seeking a permit for:-any other
21 site than the one identified in their proposal. He also told the
22 Council that it had been only one Commissioner who had been strongly
23 opposed to the signage request and "he clearly influenced the other two
24 to vote against the final motion. "
25 Councilmember Ranallo questioned the City Attorney about what he thought
26 Apache's reaction would be about being denied a monument sign in an area
27 where many precedents for that type of signage had already been
28 established. Mr. Soth indicated he was certain the shopping center
29 owners would argue that point.
30 Councilmember Marks indicated he could certainly see the need for
31 better identification of a building so far from the road and wanted to
32 be convinced that a variance should be granted for a monument sign.
33 However, although he could see where from a business standpoint, the
34 request might be considered "unique" , from the standpoint of land use
35 ' and the City's ordinance, he hadn't been completely convinced that it
36 would be a real hardship for the owner if he were not allowed to put up
37 the sign because he perceived no unusual topography for the parcel
38 which would prevent "a reasonable use of the land" if the restaurant
39 wasn't allowed. He said he had difficulty seeing where the three
40 conditions required to be satisfied before a variance could be granted
41 could be answered affirmatively with this proposal. The commissioner
42 also told the applicants the policy about not allowing fr,ee standing
43 signage for any Apache businesses except those in detached buildings was
44 strictly Apache's.
8
1 Mr. Sikora pointed to the slope of 10 or 12 feet between the proposled
:) e
2 building site and Silver Lake Road where the ground is mounded up above
3 the street grade. He also said visibility of the building would be
4 blocked for all southbound traffic by all the structures like the gas
5 station and the apartment building on that side of Silver Lake Road and
6 for northbound traffic by Apache Plaza itself. Trees in the landscaped
7 area in front of the proposed building, "which Apache certainly doesn't
8 want to take down" would block the visibility of the Burger King sign
9 on the east side of the building. The Apache representative indicated
10 another "hardship" which should be considered would be the fact that
11 the existing building was beyond repair and in such condition that
12 Apache hasn't been able to keep tenants since the Sports and Health Club
13 moved out. He reiterated that "Apache perceived they could live with
14 a 6 X 6 foot sign, which meant there would only be a total of 109.7
15 square feet of signage on a building for which the City Ordinance
16 allowed 150. 11 Mr. Sikora told the Council all the monument sign would
17 indicate would be that there was a drive-up service at the restaurant
18 and no attempt would be made to list specials like "Whoppers" on the
19 sign.
20 As further justification for an Apache monument sign along- Silver Lake
21 Road', the Apache Project Manager related the past history of free
22 standing signs for the center, including a 20 foot long sign facing
23 both north and south, which identified Apache as "the Gateway to St.
24 Anthony" and which called it the "Center of the Community" . He also
25 pointed out that at one time there had been three 100 foot flag poles
26 with Apache flags on them on the property.
27 Townhome Association President Suggests Moving the Sign Closer to the
28 Main Entrance
29 The tone of the whole -discussion changed when Chester wondered
30 whether the sign might be more effective next to the signalized entrance
31 at 39th Avenue.
32 Councilmember Enroo indicated he could see some merit in doing that
33 because he perceived if Apache was going to depend on 20% of Burger
34 King's patronage coming from the impulse reaction of drivers along
35 Silver Lake Road, a sign would probably be much better in the suggested
36 location because next to the service road, by the time the northbound
37 traf f ic sees the sign, it would be too late to turn into the center and
38 the sign's visibility for southbound traffic would be less obstructed
by the structures north o'f the service road in that location. The
40 Commissioner also commented that the drivers would have more time to see
41 the sign while stopped for the signal and it would certainly be a lot
42 easier for them to get into the center through the main entrance.
43 Mr. Cavanaugh agreed with this assessment, saying by utilizing the main
44 entrance to get to the restaurant, the drivers would be continuing the
45 existing traffic flow patterns through the parking lot. The Rein
46 President then stated that he would be willing to go along with putting
9
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1 The meeting was called to order at 7: 30 P.M. with the Pledge of
2 Allegiance -led by Mayor Sundland. An Executive Session with attorneys
3 from the Briggs and Morgan law f irm related to the settlement of the
4 City's lawsuit against the U. S. Army et al in conjunction with the
5 T.C.A.A.P. contamination of the community water supply had been
6 adjourned just prior to the Council meeting.
7 ROLL CALL
8 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske.
9 Also present: David Childs, City Manager
10 Sue VanderHeyden, Assistantto the City Manager
11 Don Hickerson, Police Chief
12 TWO NEW POLICE OFFICERS INTRODUCED TO COUNCIL
13 Chief Hickerson introduced James Wychor and Todd Johnson who had become
14 members of the St. Anthony Police Department in -December. The Council
15 Secretary told the Councilmembers about the courteous treatment she had
16 received the previous week from Officer Johnson in response to her
17 report of a lost purse.
08 Chief Hickerson's 30 Years of Service Acknowledged
19 Mr. Childs reported that the above service award had been given to the
20 Chief during the annual employee Christmas party held the previous
21 Friday evening. Personal congratulations were offered by the
22 Councilmembers. Chief Hickerson also reported to Councilmember Ranallo
23 that no St.. Anthony of f icer was selected as of f icer of the year f or the
24 annual Knights of Columbus Appreciation Dinner.
2 5' DECEMBER 21, 1988 COUNCIL MEETING MINUTES
26 Motion by Makowske, seconded by Marks to approve as presented.
27 Motion carried unanimously.
28 LICENSES/PERMITSZPETITIONS
29 Motion by Marks, seconded by Enrooth to grant the following licenses as
30 listed in the January 10, 1989 agenda packet:
31 Contractors
32 scenic sign Corp. , St. Cloud, MN
33 Sawhorse, Inc. , Robbinsdale, MN
1 Service Station
2 Chuck-*s 365, 3818 Stinson Boulevard
3 Cigarette at Retail
4 Chuck's 365, 3818 Stinson Boulevard
5 Motion carried unanimously.
6 CLAIMS
7 Motion by Marks, seconded by Makowske to approve payment of all City and
8 Liquor Operations accounts payable listed for December 30, 1988 in the
9 January 10th agenda packet.
10 Notion carried unaniriously.
11 Foss Road Lift Station Proiect Encountering Delays
12 There was a brief discussion about the meeting the Public Works Director
13 had the previous day with the contractors on the Foss Road Lift Station
14 reconstruction project. The poor condition of the project site and
15 possible inability to meet the contract timetable was discussed. Mr.
16 Childs would be getting a full report from Mr. Hamer on those
17 negotiations the following day.
18 Motion by Enrooth, seconded by Makowske to approve pa yment of the
19 second progress payment of $24,690.50 to NewMech Companies, Inc. for the
20 new Foss Road pump station and meter vault.
21 Motion carried unanimously.
22 Motion by Marks, seconded by Enrooth to approve payment of $1,302.46 to
23 Short-Elliott-Hendrickson, Inc. for engineering services from October
24 16 through November 12, 1988 on the Foss Road lift station
25 reconstruction.
26 Notion carried unanimously,
27 Motion by Marks, seconded by Ranallo to approve payment of $3,020.00 to
28 Crysteel Dist. , Inc. for the installation of an under-body scraper on
29 the Public Work's new reversible. plow.
30 Motion carried unanimously.
31 Motion by Marks, seconded by Makowske to approve payment of $7,170.50
32 to the Briggs and Morgan law firm for legal services rendered during
33 November, 1988 in conjunction with the water contamination litigation.
34 Mption car
ried unanimously—.
2
I Motion by Marks, seconded by Enrooth to approve payment of $3 , 348.00 to
Calgon Carbon Corporation for services during December, 1988 on the
City's temporary carbon filtration system.
4 Notion carried unanimously.
5 MWCC Charges to Be $72,000 Less in 1989
6 Mr. Childs explained that the above represented a one time credit owed
7 from two years ago which would be deducted on a monthly basis from the
8 City's billings in 1989.
9 Motion by Marks, seconded by Enrooth to approve payment of $19,627.86
10 to the Metropolitan Waste Control Commission for January sewer services.
11 Motion carried unanimously.
12 Motion by Enrooth, seconded by Marks to approve payment of $3,441.85
13 to the Dorsey & Whitney law firm for legal services during November,
14 1988.
15 Notion carried unanimously.
16 REPORTS
. 17 COUNCIL REPORTS
* Hennepin County to Do Engineering Study on "Dangerous" 37th/Stinson
9 Intersection
20 Mayor Sundland reported getting a call from one of his neighbors
21 reporting that one of his family members had experienced a near fatal
22 collision with a pick up truck at the above corner which the Mayor said
23 he had later discussed with Hennepin county Commissioner Sivanich. The
24 Commissioner had promised the above study would be done on that corner
25 which has had a long history of traffic problems. Depending on the
26 outcome of the study, Hennepin County might then approach Ramsey and
27 Anoka Counties regarding a cooperative installation of a semaphore for
28 which some St. Anthony state aid money would probably have to be used.
29 Councilmember Ranallo recalled that the City had previously refused to
30 pay its share of the signal which Columbia Heights proposed to install
31 at that location, which killed the project at that time. There was
32 general concurrence that the Mayor. would contact Anoka County
33 Commissioner Kordiak and that Councilmember Makowske should talk to
34 Ramsey County Commissioner Salverda about the project at the next RCLLG
35 meeting.
36 Attorney General Hmpphrey's HeIR With TCAAP Settlement Sought By
37 Councilmember Makowske
38 The Councilmember indicated' she had run into Skip Humphrey at Rosedale
39 a few days before Christmas and had gotten his promise to bring whatever
3
1 The Councilmember indicated she had run into Skip Humphrey at Rosedale
2 a few days before Christmas and had gotten his promise to bring whatever
3 pressure he could on the Army to make an expeditious settlement of the
4 City's water contamination litigation.
5 The Councilmember indicated she was planning on attending the January
6 18th meeting of. the Ramsey County League of Local Goverrments
7 legislative session at the state capitol where she hoped to discuss the
8 proposed 37th/Stinson semaphore with commissioner Salverda.
9 Councilmember Makowske also reported asking the City Manager to look at
10 some signage near the Foss Road lift station which she perceived might
11 not be in conformance with the City Sign code.
12 Sue VanderHeyden ReRgrts Fruitful First Meeting of Persons Interested
13 in Having a VillageFest and a City Float
14 Councilmember Ranallo reported a cold had -kept him from attending the
15 preliminary planning meeting for the above-, January loth, and he asked
16 Assistant to the City Manager VanderHeyden to give that report instead.
17 Ms. VanderHeyden indicated that she, as well as Apache Promotions
18 Director Barb Olsonoski; Fire Department Reserve Rick Lundeen; and three
19 residents, two of whom had experience with similar pageants in Roseville
20 and South St. Paul, were in attendance. She said the group had decided
21 on a VillageFest to be held the weekend of July 20-23 to include a
22 parade featuring the City's new float. A Miss Apache/St. Anthony
23 Village queen is also going to be part of the VillageFest celebration-
24 The queeen, in 1990, may change to Miss St. Anthony Village with the
25 intention of participating in the miss Minnesota pageant. This would
26 give the community additional exposure. As he had reported at previous
27 meetings, Councilmember Ranallo reiterated the advice he and Ms.
28 Olsonoski had gotten at the float seminar they had attended, that the
29 float's success would no doubt be dependent upon City officials riding
30 on the float the first few years with perhaps school officials taking
31 over for the Homecoming Parades.
32 Ms. VanderHeyden reported tentative plans had been formulated to hold
. 33 * a St. Anthony Civic orchestra concert, family games and a softball
34 tournament as well as a non-denominational church service as part of the
35 weekend activities. Councilmember Ranallo suggested it might also -be
36 possible to hold groundbreaking ceremonies for the new music shell which
37 is being planned as the City's way of participating in the 1990 state-
38 wide celebration. She felt that it would be important to get volunteers
39 to work on the Float, VillageFest, and Fundraising Committees which are
40 being formed. The people who were in attendance at the first planning
41 meetings had indicated they expected good representation from all the
42 St. Anthony service organizations as well as from their own friends and
43 relatives.
4
1 Hank Hellerman's Three. Decades of Business Association with St. Anthony
2 to Be Acknowledged L& Council
3 Councilmember Ranallo, reported that the ownership of the barbershop
4 which Mr. Hellerman had operated for over 30 years in the same Kenzie
5 Terrace location had been transferred to an Apache barber the first of
6 the year and he perceived it would be a nic'e gesture on the Council's
7 part to have a letter sent to Mr. Hellerman thanking him for his years
8 of service to the community.
9 St. Anthony's State Representatives to Host Community Town Meeting,
10 Januaj:y 14th
11 Councilmember Ranallo reminded the Councilmembers that. Senator John
12 Marty and Representative Mary Jo McGuire had invited their constituents
13 to meet with them at the Roseville City Hall Saturday morning for
14 discussions of the 1989 legislative session and issues of concern to the
15 residents in District 63A. Several Councilmembers reported having
16 returned the survey the two legislators had included with their
17 invitation to join them for an exchange of ideas.
18 Councilmember Marks Perceives Ramsey County Railroad Authority to be
19 Behind Other Counties When It Comes to Light Rail Planning
20 The Councilmember indicated he had attended the first meeting of above
21 Ramsey County intergovernmental planning body which was held in the St.
22 Paul courthouse, January 3rd. He perceived Ramsey County's efforts
3 towards planning for light rail were far behind what Hennepin and Anoka
4 Counties had already accomplished. Hennepin County Commissioner Spartz
25 was present and Councilmember Marks indicated that plans were being made
26 not only for direct corridors to Minneapolis and St. Paul but for
27 coordinated connections between the two cities.
28 Youth Service Bureau Board to Hold Strategic Planning Retreat the
29 Following Weekend
30 Councilmember Marks, who Chairs the above Board, indicated the planning
31 would include personnel training on which he had been attending numerous
32 meetings to prepare for those discussions.
33 Councilmember Marks to Teach in New International School and at
34 MetroRglitan University
35 He will become one of the first teachers conducting classes in the new
36 International Center for Technology, Business and Law to open later in
37 January, Councilmember Marks announced. He will also continue to be .
38 a member of the community faculty for the Metropolitan University as
39 well.
40 Councilmember Makowske Notes Chem Council 4uncheon, February ist
41 DEPARTMENTS AND COMMITTEES REPORTS
5
1 The following reports in the Council agenda packet were considered
2 briefly before they were ordered filed as informational :
3 *the December 27th report from the City Prosecutor reporting the St.
4 Anthony cases the Hance & LeVahn law firm had handled in Hennepin
5 County District Court up to and including December 21, 1988;
6 *the November 1988 Financial Report.
7 CITY MANAGER REPORTS
8 Low Bids Accepted for Fire Station Window Replacement and CaMgt and
9 Ceiling Installation
10 Copies of all the bids on the above projects had been included in the
. 11 agenda packet along with staff informatio n and recommendations. Mr.
12 Childs drew the Council's attention to the report from . Dick Johnson,
13 Chair of the Remodeling Committee, in which the Fire Captain had
14 projected that the remodeling costs, excluding the exterior wall finish,
15 would amount to $76,160.00 which would be $4 ,500.00 less than originally
16 budgeted. Captain Johnson had estimated that with the addition of
17 exterior finish next spring, the whole reconstruction cost would be
18 approximately $100,000.00. Mr. Childs indicated most of the savings had
19 resulted from the window replacements costing about $8,000.00 less than
20 originally estimated. He said the Fire Department perceives that the
21 lower priced windows are of high quality and will be perfectly
22 acceptable for this remodeling project.
23 Council Action
24 Motion by Marks, seconded by Ranallo to accept the low bid of $10,719.00
25 from Val-Pro, Inc. to replace the windows in the remodeled City fire
26 station.
27 motion carried unanimously.
28 Motion by Marks, seconded by Enrooth to accept the low bid of $2,784.00
29 from The Carpet Store to install approximately 240 square yards of
30 carpeting as required for the fire station remodeling project.
31 motion carried unanimously.
32 Motion by Makowske, seconded by Marks to accept the low bid of $2,560.00
33 from Acoustics Associates, Inc. for materials and labor required for the
34 installation of acoustical ceiling at the fire station, concurring with
35 staff conclusion that it would be more cost effective to have
36 experienced factory installers rather than City personnel to install the
37 ceiling.
38 Notion carried unanimously,
6
1 Mr. Childs commented that if the Councilmembers went down to the fire
station to see these long overdue repairs, they would probably agree
that the remodeling has greatly improved the facility.
4 Mayor Sundland and Mr. Childs reported they had attended a meeting of
5 the Hennepin County Economic Development Consortium that morning and
6 �learned the following about the umbrella organization designed to
7 gather and distribute economic development information to find logical
8 and reasonable sites for corporations to expand.
9 >The concept, based on experience in cities like Wichita, Kansas and
10 Denver, Colorado, had been conceived by the Minneapolis Chamber of
11 Commerce to avoid infighting between the many different organizations
12 representing various geographical regions in the metropolitan area
13 for economic development.
14 >There are 42 cities and 19 Chambers of Commerce in the Metropolitan
15 Area. Hennepin County perceived it would only be logical for the
16 county to lead in this venture - which they did by putting up
17 $160,000.00 to start the process.
18 >This umbrella organization would be headed by Mr. Eric Selberg,
19 Chief Executive Office of U. S. West (Minnesota) and would include
20 many C.E.O. 's from other large companies in the county.
21 >The results of a survey taken of 275 different businesses in the
22 metro area were surprising. A high percentage indicated that they
would be expanding and that their expansion would be in the metro
QP4 area.
25 >The biggest problem with finding logical sites for expansion is to
26 also find skilled labor. There is a real shortage of skilled laborers
27 in the metropolitan area at this time.
28 >Only an indication that a City would be interested in becoming a
29 part of this organization would be necessary at this time. There
30 would be no cost for belonging the first year and all that would be
31 asked would be for cities to send representatives to become part of
32 the process by serving on the initial steering committees.
33 >There might be some cost involved after the f irst year but Mr.
34 Selberg said that a commitment to stay any longer than the first year
35 would not be asked.
36 Mr. Childs indicated that he perceived this organization spoke to some
37 of the issues the Council had addressed when considering whether or not
38 to join organizations like the Northern Mayors Association or Metro East
39 who are competing with each other over economic expansion. He said
40 this umbrella organization would avoid. the fractionalization and
41 infighting between different geographical sections in efforts to get
42 economic development for their area since the determination of where a
43 company could expand or start a new seed company would be guided by the
7
1 umbrella group on a metro-wide and not parochial basis. He pointed to
2 the case where a company was kept in Denver because of the cooperation
3 between the different Chambers.
4 Councilmember Makowske said she thought the fact that time was the only
5 investment required of the City at f irst was a real plus because the
6 City had the opportunity of seeing whether the organizattion offered
7 anything for the City before having to pay for membership.
8 mayor Sundland indicated his boss, Mr. Selberg, had agreed that the
9 Mayor's dual association as Mayor of St. Anthony and a member of the
10 St. Anthony Chamber of Commerce Board .made him a logical choice for the
11 initial working committee with that position to be rotated between other
12 Councilmembers after that if they perceive the concept works for the
13 City. The Mayor said he also agreed with the idea that the organization
14 should not be expanded beyond Hennepin County at first and, if
15 successful , could be expanded to the neighboring counties. He* said
16 he had no problem envisioning the organization spreading statewide
17 after a short time. .
18 No formal action was taken that evening as recommended by the City
19 Manager, who said he would put the further information they had been
20 promised on a future agenda. In the meantime, Councilmembers could
21 watch for further media discussion and talk to other community officials
22 to get their ideas on joining.
23 January 12th Work Session Noted
24 The Councilmembers were again reminded of the work session scheduled for
25 7:00 P.M. the following Thursday night where appointments to the
26 Planning Commission were possible and Ray Nelson would be reporting on
27 the City liquor operation.
28 City Attorney Advises City to Continue to Informally Refer to Itself as
29 St. Anthony Village, But to Retain City of St. Anthony to identify the
30 City on Legal Documents
31 In his letter to the Council, copies of which had been distributed
32 prior to the meeting, Mr. Soth had advised the above and said that
33 although the process of changing the name would not be too expensive,
34 the City is statutorily required to have 20% of - the voters sign a
35 petition requesting the legal change of name which would then have to
36 be placed on the ballot for a future City election. The City Manager
37 suggested failing a known groundswell of residents wanting the change,
38 that the City continue as is now being done to informally refer to
39 itself as Village wherever legally permitted and wait to see if the
40 residents insist on a formal change.
41 Councilmember Makowske suggested the City put a petition out for
42 residents to sign during the upcoming VillageFest. Mayor Sundland
43 observed one of the very visual places where the community is identified
8
1 is the water tower and suggested that when that is repainted, the name
02 be changed.
3 NEW BUSINESS
4 The following year beginning actions were taken in accordance with their
5 listing in the agenda packet:
6 Mayor Pro Tem
7 Motion by Sundland, seconded by Makowske to adopt the resolution which
8 designates Clarence Ranallo to continue to serve as the Mayor Pro Tem.
9 for 1989.
10 RESOLUTION 89-001
11 A RESOLUTION DESIGNATING MAYOR PRO TEM FOR
12 CALENDAR YEAR 1989
13 Voting on the motion:
14 Aye: Sundland, Makowske, Marks, Enrooth.
15 Abstention: Ranallo.
16 Motion carried.
107 Signatures on City Checks
8 Motion by Marks, seconded by Ranallo to adopt the resolution which
19 approves the Mayor and the City Manager to sign checks.
20 RESOLUTION 89-002
21 A RESOLUTION APPROVING THE SIGNATURE OF THE
22 MAYOR AND THE CITY MANAGER ON ALL
23 DRAFTS DRAWN AGAINST DEPOSITS OF THE
.24 CITY OF ST. ANTHONY, MINNESOTA
25 motion carried unanimously.
26 Legal Newspaper
27 Only the Bulletin newspaper had requested such designation.
28 Motion by Marks, seconded by Ranallo to adopt the resolution designating
29 the St. Anthony Bulletin as the City's legal newspaper for 1989.
30 RESOLUTION 89-003
31 A RESOLUTION DESIGNATING LEGAL NEWSPAPER
32 - FOR THE CALENDAR YEAR .OF 1989
9
1 Motion carried unanimougly.
2 Public Improvements Cut-Off Date
3 Ms. VanderHeyden indicated it was too late to get that date publicized
4 in- the Newsletter this time. However, Larry Jones, Bulletin Staff
5 Writer, said he would devote a few lines of copy to the announcement.
6 Motion by Enrooth, seconded by Marks to adopt the resolution which would
7 establish March 15th as the cut-off date for requests for public
8 improvements to be accepted.
9 RESOLUTION 89-004
10 A RESOLUTION ESTABLISHING MARCH 15, 1989
11 AS CUT-OFF DATE FOR RECEIVING PETITIONS
12 FOR PUBLIC IMPROVEMENTS
13 Motion carried unanimougl
14 $12,794.00 Approved for New Chevrolet Police Vehicle Purchase
15 In his December 29th memorandum to the Mayor and Councilmembers, Police
16 Chief Hickerson had given all the reasons, he was recommending the City
17 purchase the 1989 Chevrolet Caprice under the low bid taken by Ramsey
18 County from Thane Hawkins Polar Chevrolet. These included that (a) the
19 Chevrolet would cost less than the Ford, which also met the Police
20 Department specifications; (b) tests had proved the Caprice out
21 performed and out handled the Ford and got better gas mileage; .(c) City
22 patrolmen are familiar with the Chevrolet controls and the City
23 inventory wouldn't have to be expanded to include Ford parts; and (d)
24 a majority of the St. Anthony officers who will be driving the vehicle
25 prefer the Chevrolet over the Ford.
26 Council Action
27 Motion by Makowske, seconded by Marks to accept. the low bid of
28 $12,794.00 for the purchase of a 1989 Chevrolet Caprice for the Police
29 Department as recommended by the Police Chief.
30 motion carried unanimously.
31 Low Quote of $1,500 From Kruge-Air, Inc. Accepted for Water Pressure
32 Washer for Public Works Equipment
33 Motion by Enrooth, seconded by Sundland to accept the low bid of
34 $1,500.00 from the above company as recommended by Public Works Director
35 Hamer in his January 2nd memorandum to the Mayor and Councilmembers.
36 Notion carried unanimously.
10
1 Columbia Heights to Continue to Provide Certain Engineering services For
VSt. Anthony
3 In his January 2nd memorandum, Mr. Hamer had indicated he would like to
4 continue these services which for the most part meant Columbia Heights
5 would continue to print the City's zoning, sewer and street maps just
6 as they had done for many years.
7 Council Action
8 Motion by Marks, seconded by Makowske to accept the recommendations of
9 the Public Works Director and authorize execution of the proposed
10 Memorandum of Understanding with the City of Columbia Heights for
11 supplemental engineering services.
12 Notion carried unanimously.
13 Maier Stewart & Associates Desigmated As 1989 State Aid Engineer
14 Attached to the Public Works Director's January 5th memorandum
15 recommending the above, had been copies of the proposals he had received
16 from four engineering companies to perform the necessary state aid
17 engineering services the City would require in 1989 including an, annual
18 inspection of the St. Anthony Boulevard Bridge. Two engineering firms,
19 including the one which had provided those services for a number of
20 past years, had submitted proposals for which they would charge
21 $2,000. 00 and a third had proposed a fee of $1 ,800.00, all of which are
* more than the Maier Stewart proposal . Mr. Childs assured the
3 Councilmembers that Mr. Hamer had ascertained that the low bidder had
24 done satisfactory work for the other communities for whom the firm had
25 provided similar services. He also indicated that he thought Maier
26 Stewart was probably a growing firm who was anxious to become associated
27 with as many communities as possible. The City Manager also pointed
28 out that the City always has the option of choosing a lower bid from
29 another engineering firm if this company raises those fees next year.
30 Council Action
31 Motion by Marks, seconded by Ranallo to designate Maier Stewart &
32 Associates as the City's State Aid Engineer for 1989 for a fee not to
33 exceed $700. 00.
34 motion carried unanimously. -
35 Conditions Suggested for Allowing Temporary Storage Use of Vacant
36 Restaurant Building at 2905 Kenzie Terrace
37 Mr. Childs indicated he had included a copy of the December 28th letter
38 from Tom Fruth, St. Anthony Chen Council, and an agent for Gunga Din,
39 Inc. owners of the above building in the agenda packet for guidance from
40 the Council as to the response he might make to the request. As stated
41 in the letter, the request was to only temporarily store a small
1 quantity of prepackaged food products in the building until they find
2 another tenant so the company can be considered as having an "occupied
3 and not a vacant" building for insurance purposes.
4 Concern was expressed that like other "temporary" permits the City had
5 granted in the past, what might be considered to be a non-conf orming use
6 might not be removed as promised f or a long time. There was also an
7 expression of concern that trucks might be loading and unloading the
8 pallets of olive oil to the annoyance of the adjoining residents.
9 , Councilmember Marks indicated he had some business arrangements with
10 some of the people involved which might give the impression of a
11 "conflict of interest" for him and absented himself from the room for
12 the rest of the discussion.
13 Mr. Childs indicated he had gotten a general sense of the Council's
14 wishes in this regard which along with the advice he had gotten from the
15 City Attorney would form the basis of his response to the request, so
16 no formal action was taken by the Council.'
17 Stuart Bonniwell to Continue to Audit City Financial Statements
18 A copy of Mr. Bonniwell's December 20th proposal to audit the above for
19 the period ending December 31, 1988 at a fee not to exceed $8,850.00 had
20 been provided in the agenda packet. Mr. Childs indicated he perceived
21 the fee had -been reduced from the $11 ,200.00 charged to perform the .1987
22 audit because the City staf f is able to do some of the things the
23 auditor had to do previously. He also said the reason the State
24 Auditor had given the City an "unqualified" audit this year had been
25 because at his own suggestion an accounting ledger had been set up for
26 fixed assets and it had been the absence of such accounting procedures.,
27 among a few other things, which had caused St. Anthony to get a
28 "qualified" audit in the past.
29 Council Action
30 Motion by Ranallo, seconded by Enrooth to accept the proposal from
31 Stuart J. Bonniwell,. for the Certified Public Accountant to- audit the
32 financial statements of the City of St. Anthony for the year ending
33 December 31, 1988 for a fee not to exceed $8,850.00 and in accordance
34 with Mr Bonniwell's letter of understanding dated December 20, 1988 and
35 provided in the Council's January 10th agenda packet.
36 Voting on the motion:
37 Aye: Ranallo, Enrooth, Sundland, Makowske.
38 Marks not present.
.39 Motion carried.
40 ADJOURNMENT 12
Councilmember marks had returned for the final motion.
2 Motion by Enrooth, seconded by Ranallo to adjourn the St. Anthony
3 Council meeting at 8: 30 P.M. for the meeting of the St. Anthony Housing
4 and Redevelopment Authority meeting which followed immediately.
5 motion carried unanimously.
6 Respectfully subm-itted,
7 Helen Crowe, Secretary
8
9 Mayor
10 ATTEST:
11 City Clerk
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