HomeMy WebLinkAboutPL PACKET 05121989 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1989
Document: PL PACKET 05121989
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
May 12, 1989
7:30 p.m.
CITY COUNCIL CHAMBERS
I, Call to Order.
II. Roll Call.
III. Minutes.
Planning Commission - April 5, 1989.
IV. Designate Commission Representative to the
Council Meeting on May 23, 1989.
• V. Public Hearings.
VI. New Business.
A. Recommendation re: signage at the
Stonehouse, 2700 Highway 88.
B. Consideration of Request from Mid-America
Dairymen, Inc. , 2912 Pentagon Drive.
VII. Miscellaneous.
A. Informational. Lang/Nelson request for
Council permission for a temporary rental
trailer and temporary additional signage
for sales at Autumn Wood.
VIII. Adjournment.
C=TY OF S T _ ANTHONY
P LANN=NG COMM 2 S S 2 ON M=NUTS S
APR= L 5 1 9 8 9
2 The meeting was opened at 7:30 P.M. with the Pledge of Allegiance led
3 by. Chair Madden.
4 ROLL CALL
5 Present: Brownell, London, Franzese, Madden, Wagner.
6 Absent: Hansen, Werenicz.
7 Also present: David Childs, City Manager
8 Sue VanderHeyden, Assistant to the City Manager
9 JANUARY 17, 1989 PLANNING COMMISSION MINUTES
10 Motion by Brownell, seconded by Wagner to approve with the following
1 changes:
2 Page 2, line 4: Insert "Shopping" between "Village" and "Center".
13 Page 3 , line 28: Substitute "couldn't" for "wouldn't" .
14 Page 6, line 2: Correct "representatives" .
15 Page 11, line 9: Insert "and wall signs" following "signs" .
16 Page 11, line 28: Insert "to" between "required" and "met".
17 Page 11, line 36: Correct "going" .
18 Motion carried unanimously.
19 COMMISSIONER FRANZESE TO REPRESENT PLANNING COMMISSION AT APRIL 11TH
20 COUNCIL MEETING
21 PUBLIC HEARINGS
.22 Smaller Wall Sign Exchanged for Two Canopy Signs on Salvation Army
23 Thrift Store
24 At 7:35 P.M. Chair Madden opened the public hearing to consider the
25 request from the Salvation Army Thrift Store at 2500 - 38th Avenue N.E.
26 for a variance from the Sign Ordinance of the City Code to allow two 7
27 foot by 3 foot (21 square feet each) signs to "be installed on the canopy
28 at the above location in addition to the existing 50 foot by 3 foot wall
29 sign on that building. The Sign Code allows one wall sign per business,
1
I not larger than 150 square feet in sign surface area. The variance
2 request is for two additional signs totaling an additional 42 square
3 feet in sign surface area.
4 The Chair read the notice of the hearing which had been published in the
5 February 8th Bulletin and mailed to all property owners of record within
6 200 feet of the subject property. No one present reported failure to
7 receive the notice or objected to its content.
8 Staff Report
9 >Ms. VanderHeyden, in her March 31st memorandum, had advised that the
10 store frontage was 140 feet for which only one sign no larger than 150
11 square feet was allowed by the Sign Code and that the additional 42
12 square feet of canopy sign would bring the store's total signage to
13 192 square feet.
14 >Her memorandum had related the justifications the applicants
15 perceived for allowing the variance and pointed out that this business
16 had only one frontage and was not located on a corner.
17 >The Assistant to the City Manager had also suggested a compromise
18 under which the wall signage could be removed in exchange for the two
19 canopy signs.
20 >Mr. Childs reported that the canopy signs were erected without City
21 permission around the first of the year and when drawn to the
22 applicant's attention, the Salvation Army had opted to seek a variance
23 to keep the additional signage.
24 >Mr. Childs said the matter was scheduled to come before the Planning
25 Commission February 21st but that meeting had been cancelled because
26 of a lack of a quorum and was rescheduled for April 5th instead.
27 >The City Manager reported staff had received no calls either for or
28 against the variance since the Notice of Hearing had been published.
29 >Photos. of the three signs were included in the agenda packet.
30 Dan Kaufman of Kaufman Sign Company
31 >Took full responsibility for putting up the non-conforming signage,
32 indicating a salesman who was no longer with the firm had assured the
33 sign company that he had cleared-erection of the signs with the City.
34 . >Said* the Salvation Army .had asked him to do everything he could to
35 keep the signs up and suggested a compromise under which the 3 X 16
36 "Furniture" panel could be taken down to reduce the .total square
37 footage to 144 square feet, which would meet the City's requirements.
2
1 >Indicated the Thrift Store owners perceived a need to identify the
2 entrance to the store in that multi-use building from both the east
and west from which point the wall sign was not visible at all.
4 >Told Commissioner Franzese that removing the "Furniture" panel would
5 provide better separation between the Thrift Store signage and the
6 sign the tenant who goes in between the Thrift Store and the
7 Alternative erects for that business.
8 No one else was present to speak either for or against the variance and
9 the hearing was closed at 7:43 P.M.
10 Commission Reaction
it Commissioner Wagner commented that he perceived there was a need for
12 identification of the Thrift Store entrance on that side of the
13 building, which has so many windows and doors. He thought the trade-
14 off between the reduction of the wall signage and allowance of the
15 canopy signage to a size in better conformity with the size of the store
16 to be a fair one.
17 Commissioner Brownell remarked that his first choice would have been to
18 eliminate the entire banner sign which is really only visible from the.
19 north and isn't even illuminated to be seen during the winter evening
20 hours when the store is open. He said he perceived the canopy signs,
21 which are illuminated, provided visibility from the north, east, and
22 west. The Commissioner said, he could go along with all three signs as
long as the total square footage was reduced to below the 150 square
feet allowed that business.
25 Commissioner Madden indicated that in view of the fact that the City's
26 liquor warehouse next to the Thrift Store had excess signage, both in
27 quantity and square footage, and the City had also set the precedent
28 for three canopy signs at the Stonehouse, he found it very difficult to
29 recommend this request not be granted.
30 Commissioners London and Franzese indicated they concurred that the
31 reduced signage would be acceptable.
32 Planning Commission Recommendation
33 Motion by Franzese, seconded by Wagner to recommend that the Council
34 grant a variance for two 7 feet by 3 feet additional canopy signs (42
35 total square footage) at the entrance to the Salvation Army Thrift Store
36 at 2500 - 38th Avenue N.E. on the condition that the existing 150 square
37 foot wall sign be reduced to a size which would bring the total sign
38 surface for that store under the 150 square feet the Sign Code allows
39 a store with 140 feet of frontage. '
40 In recommending the variance be granted, the Planning Commission finds
'41 that:
3
1 1. Staff had received no calls opposing the variance before the hearing
2 and no one spoke against the request during the hearing.
3 2. A precedent for non-conforming signage had been established with the
4 business just east of the Thrift Store.
5 3. A hardship was perceived for the store owners because of the store's
6 lack of visibility from the south, east, and west without the canopy
7 signs.
8 4. Better demarcation of the store's entrance is provided by signs which
9 have already been erected on the store canopy.
10 Motion carried unanimously.
11 Four to One Vote Recommends Approval of a Family Day Care Center at
12 3808 Macalaster Drive N.E.
13 At 7:51 P.M. the Chair opened an informal discussion of the request for
14 the conditional use permit for a day care center pending the published
15 8:00 P.M. hearing time. The Notice of the Hearing to consider the
16 request from Village Properties, Inc. for a conditional use permit to
17 allow establishment of a day care facility for from 12 to 14 children
18 under the R-4 Apartment Zoning Classification for Macalaster Apartments
19 was read aloud.
20 The Notice of the Hearing had been published in the February 8th
21 Bulletin and mailed to all property owners of record within 350 feet of
22 the subject property. No one present reported failure to receive the
2 3--rnotice or objected-to -its--content:— -- - --- - -- -— -- -- - --- -
24 >Ms. VanderHeyden's March 31st memorandum reported the applicants were
25 asking they be allowed to convert a garden level, 950 square foot, two
26 bedroom apartment for the proposed use which met the ordinance
27 requirement for no more than a total of 1,000 square feet, for which
28 the ordinance allowed no advertising or signing on the exterior of the
29 building or yard.
30 >The applicant, Kenneth Solie, testified that a. measurement of the
31 - space had revealed it was only 9.50 square feet rather than the 1,050
32 square feet originally proposed.
33 >Ms. VanderHeyden had also advised the justifications the applicant
34 perceived for allowing the permit and pointed out that the concept of
35 daycare facilities was one which was new to the City.
36 >The agenda packet included a copy of the March 3rd letter from the
37 Licensing Unit of the Ramsey County Community Human Services
38 Department, establishing criteria under which a license for the use
• 39 could be issued pursuant to Chapter 9502 of the County's licensing
4
9
1 requirements for Group Family Day Care facilities for which the County
2 would recommend the State issue a Class C GFDC license.
3 >The Ramsey County Social Worker who would be responsible for the
4 facility had also indicated in her letter that she perceived a need
5 for more day care openings in the St. Anthony area and said "a
6 proposed Group Family Day Care residence in Apartment 5 at 3808
7 Macalaster Drive would certainly help parents find day care close to
8 home. "
9 >Mr. Childs indicated he perceived it was up to the Commission to
10 determine whether a day care facility fell within the "service or
11 convenience. type business catering to the residents of such building
12 complexes" criteria, adding that staff was suggesting that it does.
13 >Mr. Childs also pointed out that there are more than 40 children in
14 that particular apartment complex and he said he perceived this might
15 be even better for parents than having day care in the workplace.
16 >Mr. Childs assured Commissioner Franzese that he had talked to the
17 City Attorney about the permit, and that Mr. Soth had perceived there
18 would be no more chance of incurring liability from this facility
19 than for any other conditional use permit issued or other action by
20 either the Commission or Council.
21 The applicants' testimony was taken a few minutes before 8:00 P.M. with
22 the understanding that it would be repeated if any interested persons
jrarrived earlier, which no one did.
4 Kenneth Solie and Jerry Cowan of Village Properties, Inc. , 2196 Pentagon
25 Drive
26 >Indicated they would be seeking a Class C Ramsey County Day Care
27 rather than a State Group Day Care license because the latter, which
28 is issued for many more than the maximum of 14 children they
29 anticipated for this facility, was much more restrictive when it came
30 to providing secured play areas and required a commercial kitchen and
31 a more restrictive ratio of caretakers per number of children.
32 >Said the Class C license would allow a -mix of up to four each of
33 infants; toddlers (2 to 4 years of age) ; preschoolers; and "latch key
34 children up to sixth grade who might be at the center before and after
35 school hours to •be cared for by two staff persons.
36 >Reported they had contracted with a three year employee of the
37 Learning Centers who was now working with Ramsey County to be licensed
38 to operate the facility.
39 >Said that person would rent the apartment from Village Properties,
40 Inc. and would repay the investment the firm makes in the facility on
41 a schedule of payments, adding that strangely enough, Ramsey County
42 required no special insurance for these types of facilities.
5
a
1 >Indicated the license would be issued to both that person and to the
2 facility location and would be overseen by Diane Phillippi, the social
3 worker who had written the March 3rd letter.
4 >Suggested the permit be issued to the apartment complex rather than
5 to a specific apartment so it would cover another unit in another
6 building if the success of this apartment proved great enough to
7 justify a similar service in the other building or the facility was
8 moved to another building two or three years down the line.
9 Commissioner Brownell, opposed that suggestion, saying he preferred
10 having the permit issued specifically for Apartment 5, 3808 Macalaster
it Drive, even though the applicants had stated the County would have to
12 approve any move and the Fire Department would certainly know where it
13 was if they provided the fire inspection required by the County.
14 When Mr. Solie told Commissioner London there were no- plans to secure
15 the play area because the County license did not have that .requirement
16 and because all 44 children in the complex were already used to playing
17 wherever they wanted in the play area provided for them. The
18 Commissioner indicated he perceived it might be . very difficult for the
19 one caretaker which the license legally permitted to oversee 10 children
20 to watch out for the ones she was responsible for among all the other
21 children playing in that area. Mr. Solie said the same license is
22 issued for one provider day care in homes for up to 10 children without
23 requiring those yards to be fenced in. Mr. Cowan said he could
24 understand the Commissioner's concern for the welfare of the children
25 but didn't think Village Properties should be obligated to provide
26 anything more than the Class C license required for a facility. _
- 27--Commissioner-Madder indicated--it was -the City's prerogative to impose
28 any condition it perceived necessary on this type of permit.
29 Mr. Solie indicated the reason his letter had indicated day care might
30 be provided for children living outside the apartment complex had been
31 so they could continue to provide such service to families who moved
32 away but wanted their children to remain in the facilities. He
33 perceived it might be a handicap to have such restrictions placed on the
34 facility. Commissioner London indicated his concern with having people
35 from other locations use these facilities was based on what he observed
36 were safety problems around the Community Center right now with parents
37 constantly driving up to leave off or pick up their children and often
38 leaving unattended cars with the motors running. He perceived this
39 might result in a hazard for an apartment building without a specific
40 area for such operations.
41 The applicants agreed a state license would probably not allow the use
42 of an apartment which is below ground level, but such facilities are
43 allowed by the County license.
44 When no one else offered further input to the discussion, the Chair
45 closed the hearing at 8:11 P.M.
6
1 Commission Reaction
2 Commissioner Franzese said as a working mother she viewed this as a
3 great service for the Macalaster residents because she knew from past
4 experience having a baby sitter so close by was a real asset. She also
5 pointed out that the City can do more about unsatisfactory service with
6 a licensed facility than with a similar service in a private home which
7 is not licensed. The Commissioner indicated she expected a mother
8 dropping off a child from outside the complex would probably be an
9 exception rather than the rule for this type of facility and she
10 anticipated all kinds of problems trying to fence in a particular
11 segment of children on a playground where all children have always
12 played together without fencing. She also perceived the mix of children
13 required less supervision on the playground than if they were all of an
14 "unruly age. " Commissioner Franzese said she also liked to see "private
15 enterprise" involved in this type of service and expected because of the
16 "supply and demand" which would probably develop for the service,
17 parents should probably be the best evaluators of the care their
18 children received.
19 Commissioner London viewed the County license as providing "minimal
20 care" and said he would rather see a more restrictive state license
21 required for the facility because of his own experience the past .seven
22 years with day care "some good, some not so good" for his two children
23 who are both still in day care. He said he thought even with a mix of
24 ages, 10 children were too many for one caretaker and even two for 14
J' children with certain mixes would not be enough. The Commissioner said
he considered a "half basement facility without a direct access to the
7 outside marginal at best. " He then pointed to the drainage swale in
28 back of the playground which he thought might present an unsatisfactory
29 play area when the ground is wet where a person trying to keep track of
30 8 or 10 kids at a time might not notice where the children were playing.
31 Commissioner Wagner said he basically agreed with Commissioner Franzese
32 that this facility would be a benefit to the parents in that apartment,
33 although he knew the County's requirements were minimum, he wasn't
34 certain just how much more control should be required for a facility of
35 this size. However, the Commissioner said his biggest concern was not
36 having a fenced play area in a complex where there is a swimming pool .
37 Commissioner Brownell indicated he also favored day care being offered
38 as a service to the parents of this apartment complex, but shared the
39 concerns . of others about the lack of a controlled play area with the
40 level of supervision the license allowed.
41 Commissioner Fadden said he perceived the use would provide a much
42 needed service which would benefit the community but agreed that it
43 might be difficult for one day care provider to keep track of her own
44. charges playing outside with about 30 other children in a non-secured
45 area.
7
1 Commissioner London said he also recognized how hard it was to find day
2 care but his only concern was that such a facility be "a good one" with
3 conditions, equipment and supervision adequate enough to provide that
4 kind of care. He agreed that having day care available in the same
5 complex would be wonderful for the parents but still saw potential
6 problems in this proposal which could be improved.
i
7 Commissioner London told Mr. Solie he wasn't so much suggesting he
8 "corral the kids into one area," but rather that at least the back
9 perimeters of the property where there is an open area next to the
10 parking lot leading to a slope going down to the highway be fenced to
11 prevent kids from wandering away from only one supervisor.
12 Commissioner London concluded by saying he thought this facility should
13 be licensed under state requirements because . he would have real
14 reservations with setting a precedent -for other facilities of the same
15 type over which the City had so little control, especially over children
16 who are not under the supervision of their own parents or the day care.
17 During the discussion of her eliminating the apartment number from her
18 motion, Commissioner Franzese said she perceived that with the County
19 oversight and the City fire department having to know the location of
20 the facility to make the necessary fire inspection, the City might be
21 imposing unnecessary limitations on the permit by requiring specific
22 identification of the facility location. However, she 'conceded that she
23 was outnumbered by Commissioners who disagreed and included that
24 specification in the following:
25 Planning Commission Recommendation
- --2-6-Motion -by Franzese, seconded-by Brownell to recommend--the City Council
27 grant a conditional use permit to Village Properties, Inc. for a Class
28 C Ramsey County Licensed Family Day Care facility for up to 14 children
29 to be located in Apartment 5, 3808 Macalaster Drive N.E. , finding that:
30 1. The use meets the specifications of Section 7, Subdivision 3 , number
31 3 for a conditional use permit and satisfies the conditions Minnesota
32 statutes and City ordinances require to be satisfied before a
33 conditional use permit can be authorized.
34 2. Staff received no calls in opposition to the permit before the hearing
35 and there was no public opposition to the proposal expressed during
36 the hearing.
37 3. The Commission perceives a real benefit from this use would be
38 provided for the residents of that apartment complex.
39 Voting on the motion:
40" Aye: Franzese, Brownell, Madden, Wagner.
4.1 Nay: London.
8
y
1 Notion carried.
•2 Three to Two Vote Recommends ARoroval of Sign Variance Request From
3 Hardees
4 At 8:45 P.M. the Chair opened the public hearing to consider the
5 request from Hardees, 4004 Silver Lake Road for a variance to the Sign
6 Ordinance to allow a 37.1 square foot wall sign on the westerly portion
7 of the south facing mansard roof in addition to the 76 square foot
8 freestanding sign for which a variance was granted in 1985. The total
9 signage for the restaurant would be 107.1 square feet, where the City
10 ordinance allows 150 square feet -but only one sign per establishment.
11 Chair Madden read aloud the Notice of the Hearing which had been
12 published in the February 8th Bulletin and mailed to all property owners
13 of record within 200 feet of the subject property. No one present
14 reported failure to receive the notice or objected to its contents.
15 Staff Report
16 >Ms. VanderHeyden's March 31st memorandum addressed the special
17 circumstances supporting the applicant's variance request and drew a
18 comparison with the request and action taken by the City in August,
19 ' 1988, related to the Burger King restaurant being considered in -the
20 same location as the vacant Sports and Health Club building north of
21 the Apache Mall.
22 >The agenda packet included copies of the minutes pertinent to the
�3 1985 variance for the freestanding sign as well as those providing
4 information related to the 1988 variance for signage on the Burger
25 King facility, which has not yet been constructed at Apache.
26 >Specifications for the proposed wall sign were also- included for
27 Commission consideration.
28 >Mr. Childs reiterated that, as reported in the minutes, when the
29 applicant, Kenneth Johnson, was remodeling his restaurant in 1985, he
30 had decided to take down the sign he had on the roof and place it as
31 a groundhugging sign next to Silver Lake Road. Although he had failed
32 to provide the cement base -or landscaping around the sign which he had
33 promised when he had been granted a variance for the monument sign in
34 lieu of wall. signage, Mr. Childs said Mr. Johnson had indicated to him
35 he was prepared to finish the job this spring but now perceived the
3E need for wall identification as well..
37 >The City Manager reported the restaurant owner perceived the
38 additional signage was necessary because the Mobil Station, its
39 signage and the vehicles around it, cut down visibility of his
40 establishment for traffic going north on Silver Lake Road or turning
41 onto the service road between the Midwest Federal building and the
42 station which leads to his restaurant.
9
1 >Mr. Childs commented that although the request for the Burger King
2 ' signage had generated so much opposition from the townhome residents
� 3 living across Silver Lake Road, the Notice of the Hearing about this
4 signage, which went out to the same property owners, had generated no
5 response at all from any of those same people.
6 Kenneth Johnson, 1927 Simpson, Roseville, MN
7 >Said this would be the fourth remodeling project he had undertaken
8 in the twenty years Hardees had been at that location.
9 >Described the building exterior, parking lot and lighting
10 improvements he was making, saying they included tearing up the
11 pavement in front of the sign and landscaping all around the base he
12 would be providing for the sign.
13 >Told Commissioner Wagner that although there was poor visibility of
14 the sign for some traffic, he still thought the sign was needed in
15 that location, although he had to concede it had been easier to see
16 from the Apache parking lot when it was up on the roof.
17 When no one responded to his invitation to speak to the issue, Chair
18 Madden closed the hearing at 8:51 P.M. for Commission discussion.
19 Commissioner Franzese said, considering the excess signage Burger King
20 had been granted for their restaurant and perceiving the gas station did
21 somewhat prevent potential customers from seeing that this was a Hardees
22 Restaurant, she would have no problem recommending, the additional
03 signage which she considered essential to the restaurant owner's
24 business, especially with such a strong competitor locating almost next
25 door.
26 Commissioner Wagner indicated he had not been too happy with all the
27 signage Burger King was granted, but said he didn't think a fair
28 comparison could be made between this restaurant's location and the
29 remote site away from the road where the Burger King . Restaurant is
30 proposed to be constructed. However, he said it bothered him somewhat
31 that the owner was now proposing to erect another sign which would
32 result in the business having one sign more than the ordinance allowed.
33 Commissioner London explained his vote for the Salvation Army Thrift
34 Store signage, which he perceived was vital to that business in its
35 location with little or no visibility_ from three directions. He said
36 on the other hand Hardees sign next to Silver Lake Road clearly
37 identified that restaurant from almost every direction. The
38 Commissioner said he thought the restaurant was almost a sign itself and
39 that the freestanding sign did an adequate job of identifying the
40 business from almost every direction on Silver Lake Road. The
41 Commissioner stated that he 'would not be in favor of another variance
42 being granted for a roof sign.
• 10
1 Commissioner Brownell said he also would not be in favor of granting a
2 variance for another sign on this restaurant because he questioned
� 3 whether conditions 2 or 3 in the application could be considered to be
4 satisfied with the request. He indicated he could see no unique
5 topography which warranted special consideration and doubted whether "a
6 particular hardship was created for the property because the restaurant
7 can't be seen from Apache Plaza" because his own personal observation
8 had been that neither the restaurant nor a sign on its mansard roof
9 could be seen from Apache.
10 Commissioner Madden said that although he recognized the circumstances
11 for Burger King were somewhat different, he nevertheless perceived that
12 signage had a direct bearing on this restaurant because the two
13 • establishments are so close. He indicated he also thought the fact that
14 total signage would now be only 107.1 square feet, where 150 square feet
15 are allowable should be taken into consideration. The Commission Chair
16 indicated he perceived the requested sign would not be a very
17 "domineering" type sign and said he did not find it objectionable.
18 Mr. Childs said he wasn't certain he had clarified his earlier remarks
19 about the sign not being able to be seen from Apache to mean that when
20 a driver is about to turn onto the service road between Midwest Federal
21 and the gas station, the gas station obstructs the visibility of both
22 ' the restaurant and its existing sign from the driver's view before he
23 can decide to make the turn which would take him into Hardees.
24 Commissioner Madden reported having missed the driveway altogether when
25 he was attempting to get to Hardees from the Apache Mall.
6 Commissioner Magner said, like Commissioner Madden, he saw nothing
7 objectionable abou4t the sign which was being requested and thought a
28 sign -on the roof would help the business. However, he said, it still
29 bothered him that the owner hadn't left the sign where it was four years
30 ago.
31 Commissioner London indicated he could see no compelling reason to grant
32 this variance because he perceived the owner had created the hardship
33 himself. He also said he thought the City should not be compelled to
34 repeat a mistake like the one he perceived had been. made with the Burger
35 King signage. Commissioner Brownell echoed his opposition.
36 This led to a discussion of setting precedents which the City Attorney
37 had indicated was not as important as considering each variance on its
38 own merits.
39 Planning Coxnission Recommendation
40 Motion by Wagner, seconded by Franzese to recommend the City Council
41 grant a variance from the Sign Ordinance of the City Code to allow the
42 proposed 37.1 foot wall sign on the westerly portion of the south facing
43 mansard roof of the Hardees Restaurant, 4004 Silver Lake Road, finding
44 that:
11
1 1. The sign meets all three conditions required by statute to be met
2 before a sign variance can be authorized because:
� 3 a. It won't be detrimental to the public welfare or injurious to
4 other property in the same area.
5 b. It would help overcome the hardship of not being able to identify
6 the turn into the restaurant.
7 C. The restaurant's setback from Silver Lake Road, where its
8 visibility is obstructed by signage and vehicles are parked in
9 front of a gas station, make it somewhat unique in terms of
10 visibility.
11 2. No opposition to the variance was expressed either to staff prior to
12 or during the April 5th hearing on the request.
13 3 . The City Council recently granted the Burger King Restaurant, which
14 is proposed to be. constructed in close proximity to Hardees, a
15 variance to the Sign Code which permitted multi-signage for that
16 building.
17 Voting on the motion:
18 Aye: Wagner, Franzese, Madden.
19 Nay: London, Brownell.
0 Notion carried.
,21 Mr. Johnson reported ,.he would not be able to attend the April 11th
22 Council meeting and requested their decision be delayed until their next
23 meeting, April 25th. Commissioner Brownell agreed to report the
24 Commission's recommendation related to the proposal at that meeting.
25 Conditional Use Permit to Allow Video Tape -Sales/Rental Recommended for
26 Chuck's 365 at 3813 Stinson Boulevard
27 At 9:10 P.M.., Chair Madden read aloud the Notice of Hearing to consider
28 the request from Thomas Sorensen for a conditional use permit to allow
29 a video-type rental in a "C" Commercial zoned district at Chuck's 365,
30 on the corner of 39th Avenue N.E. and Stinson Boulevard.
31 The notice had been published in the March 15th Bulletin and mailed to
32 all property owners of record within 350 feet of the subject property.
33 No one present reported failure to receive the notice or objected to its
34 content.
35 Staff Report
36 >Mr. Childs' March 31st memorandum advised that this request for the
37 new gas station/convenience store located at the corner of 39th and
38 Stinson was the same as for permits granted previously to other
12
1 facilities who also sold and rented video tapes and suggested that
2 the conditions imposed conform to those the Commission and Council had
imposed on those facilities.
4 >The City Manager had attached to his memorandum a copy of the minutes
5 of the March 27, 1986 Council meeting where similar conditions had
6 been imposed on the conditional use permit for video tape and
7 equipment rental granted to the Apache Country Store which could be
8 used as a model for the Commission's recommendation related to this
9 request.
10 >The City Manager reported the applicant had called his attention to
it the fact that April 5th had been identified as falling on Tuesday
12 rather than Wednesday in the hearing, but Mr. Childs said this error
13 was a minor one which would not invalidate the notice.
14 >Mr. Sorensen's had been the only call staff had received to date on
15 the request.
16 Commissioner Brownell commented that he perceived the conditions imposed
17 on other such permits had specifically related to the laws of the State
18' of Minnesota relating to obscenity and any ordinance the City might pass
19 relating to the same issue. The Commissioner wondered whether any of
20 those statutes were concerned with the rental of R-rated movies to
21 minors because he had experienced problems with children renting films
22 which were so rated.
A check of the City's ordinance revealed no requirement for parental
4 guidance related to such rentals. However, Mr. Sorensen reported that
5 anyone who rented one of his films would have to have a valid drivers
26 license which he perceived would prevent anyone under 16 from renting
27 such materials. He also said although he might carry a few R-rated
28 movies in his establishment he would be willing to stipulate that he
29 never intended to carry X-rated materials.
30 The hearing was closed at 9:20 P.M. for the following:
31 Planning Commission Recommendation
32 Motion by Brownell, seconded by London to recommend the City Council
33 grant a conditional use permit to Gas Unlimited Inc. AKA Chuck's 365,
34 3813 Stinson Boulevard N.E. , to allow the rental of video movies for
35 home viewing on VCR, under the following conditions .established for
36 businesses of this type:
37, 1. There would be no viewing of tapes in the store, except for the bona
38 fide demonstration of tapes and no viewing visible from outside the
39 store.
40 2. The proprietors must comply with all state laws relating to obscenity
41 and to any ordinance of the City of St. Anthony thereafter relating
42 to obscenity.
13
1 3. Conviction of the owner or any of the employees of the owner for
2 violation of obscenity laws in the operation of the store would be
3 grounds for revocation of this permit by the City Council.
4 In recommending the permit be granted, the Planning Commission finds
5 that:
6 A. All three questions in the application which are required by statute
7 to be answered affirmatively had been done so by the applicant and
8 accepted by the Planning Commission.
9 B. Similar permits have been granted to six other St. Anthony businesses
10 prior to this request.
11 C. No objections to the permit had been expressed to staff prior to the
12 hearing and none were forthcoming during the April 5, 1989 hearing.
13 Motion carried unanimously.
14 Activities for City's $26,403.00 1989 CDBG Funds Allocation Recommended
15 by Commissioners
16 At 9: 30 P.M. Chair Madden opened the public hearing for consideration
17 of the activities the City of St. Anthony is proposing to undertake with
18 Year XV Urban Hennepin County Community Development Block Grant funds
19 starting July, 1989. The Notice of Hearing had been published in the
20 March 15th Bulletin and included the Statement of Objectives for seven
21 program areas which the City proposes to accomplish with its CDBG
22 allocation of $26,403 .00.
23 Staff Report
24 >The agenda packet carried a copy of the Notice of Hearing, including
25 the statement of the three activities proposed for the City's
26 allocation as well as the Statement of Objectives; a listing of the
27 1981 allocation by community; the Development Schedule for Year XV;
28 and a copy of the revised CDBG income limits for lower and very low
29 income households for the Section 8 eligibility.
30 >Mr. Childs indicated Ramsey County's program was a competitive one
31 under which the City had received $150,000.00 for the temporary carbon
32 filtration facilities and could probably not expect to receive much
33 more for projects in- St. Anthony for the next few years.
34 >The City Manager explained that traditionally the City's policy had
35 been to allocate 15% of the City's allocation towards Community
36 Service programs which were identified as senior projects but actually
37 covered child care services for which the subsidy request procedures
38 could more easily be handled by the Community Services Department than
39 City staff.
14
1 >Mr. Childs said staff perceived $10,000.00 allocated to the
2 rehabilitation of single family housing would take care of the two
3 such home projects which could be expected to be applied for this
4 year.
5 >He also reported that the Council had perceived there was a real need
6 for recodifying the City Ordinances for which the major portion had
7 been rewritten over 15 years ago. They had therefore proposed
8 $12,500.00 be set aside for that project in 1989.
9 A brief discussion of the use of--the 1988- CDBG allocation -for- sidewalks --
10 along Kenzie Terrace preceded the closure of the hearing at 9-: 38 P.M.
11 by the Chair, who noted the absence of the public to provide input to
12 the allocation.
13 Planning Commission Recommendation
14 Motion by Brownell, seconded by London to recommend the Council allocate
15 St. Anthony's $26,403 .00 Year XV Community Development Block Grant funds
16 for the following planning activities:
17 Senior Citizen Program $ 3 ,903.00
18 Single Family Housing Rehabilitation $10,000.00
19 (low-moderate income)
20 Ordinance Recodification $12,500.00
21 Motion carried unanimously.
#2 New Signage for City Liquor Operations Reported by City Manager
23 The Commissioners seemed very pleased to hear that the City intended to
24 bring the signage for its own operations into conformance with the Sign
25 Ordinance requirements and welcomed the provision of canopied signage
26 reported by the City Manager for the Stonehouse and Apache liquor stores
27 as well as the new sign for the remodeled fire station.
28 Commissioners Bid Fond Good Bye to Mr. Childs
29 Noting that this would be the last Planning Commission meeting Mr.
30 Childs would be attending before he left the City -to serve as New
31 Brighton's new City Manager, the Commission Chair 'congratulated him
32 on his new position and expressed the gratitude of the Commission
33 members for the excellent cooperation and help he had given that Board
34 during his eight years of service to St. Anthony. Mr. Childs responded
35 by saying that although he was happy to assume these new
36 responsibilities, he regretted leaving so many good relationships with
37 Councilmembers, Commissioners, and fellow employees, all of whom he
38 hoped would call him if he could shed any light on actions he had taken
39 while he was the City Manager.
15 .
1 ADJOURNMENT
2 Motion by Wagner, seconded by Brownell to adjourn the meeting at 9:45
3 P.M.
4 Motion carried unanimously.
5 Respectfully submitted,
6 Helen Crowe, Secretary
7 :cjk
8
16
•
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HE e
DATE s APPROVAL :
May 12, 1989
TO :
Planning .Commission Members
F ROM :
Sue VanderHeyden, Acting City Manager
2 TEM : MID-AMERICA DAIRYMEN (ST. ANTHONY SHOPPING CENTYER) REQUEST
Approximately two years ago Mid-America Dairymen, Inc. was allowed a
combination of -uses in the St. Anthony Shopping Center (a C-Commercial
zone) . By staff interpretation, the company has been allowed to include
some warehouse/storage in the back part of its space as long as the
operation includes a product retail store in the front.
At this time, the retail portion of Mid-America is no longer in
operation. Therefore, it is not in conformance with the condition
allowing the combination of uses to exist.
Mid-America Dairymen, Inc. is requesting that the City grant a temporary
delay of enforcement of the condition as indicated by staff, for a
specified amount of time (6 - 12 months) to take action in one of the
following ways:
A. Mid-America would find a commercial/retail use. for the front of
the operation which would put them in conformance with the zoning
condition. However, this option could possibly cause the back
of the store to remain empty and unusable once Mid-America moves
out.
B. Mid-America would like to locate a tenant to sublease the entire
space available, allowing the property to be used to its fullest
extent.
:cjk5.16. 89
1 q
. ain theu
7
HE e
DATE : APPROVAL :
May 9 1989
TO :
Planning Commission Members
F ROM :
_ —
Sue VanderHeyden, Acting City Mana et
Z TEM : STONEHOUSE, 2700 HIGHWAY 88 , SIGNAGE VARIANCE RECOMMENDATION
The St. Anthony City Council at its April 25, 1989 meeting took action
to refer the signage plans for the relocated canopy at the Stonehouse
establishment to the Planning Commission for its recommendation.
The entire signage package plan is enclosed for your review and comment.
As stated in the April 25, 1989 Council minutes, the new canopy sign to
be purchased from Arrow Sign Company does not require a variance. With
the removal of the restaurant sign now located on the front of the
building and the relocating of the existing canopy sign, the new signage
is under the 150 square foot sign surface (144 square feet) allowed per
business.
Action requested is for the Planning Commission to make a recommendation
concerning the existing signage on the half barrel canopy sign which is
to be relocated over the west entrance to the Stonehouse. The southern
exposure of this canopy sign won't be seen, therefore, it does not have
to be taken into consideration. A variance recommendation is needed for
the lettering for the Stonehouse and Dining and Dancing on the front and
northern exposures. Please note that the Stonehouse is located on a
corner and can be seen from a number of streets (Kenzie Terrace, St.
Anthony Boulevard, and Silver Lake Road) ..
(Please refer to -the enclosed City Council minutes for more
information. )
:cjk5.16.89
V
1
DATE: April 21 , 1989
• TO: Mayor and Councilmembers
FROM: Susan L. VanderHeyden, Assistant to the City Manager
ITEM: STONEHOUSE, 27.00 HIGHWAY 88, SIGN PROPOSAL
The City has received two bids for proposed signage at the
Stonehouse off-sale liquor establishment.
The new signage package would include removing the canopy located
on the east side of the Stonehouse and moving it to the west side
of the building and the removal of the RESTAURANT sign also on
the east side of the building.
A continuous awning on the front of the building (east side)
will then be installed.
The two bids received are:
J.W. Hulme Company for $6,660.00
Arrow Sign Company for $6,165.00
• The City recommends acceptance of the bid from Arrow Sign
Company.
Liquor Operations Manager Ray Nelson will be available for any
questions.
•
PROPOSAL
J.W. Nulme Company Proposal No.
678 W. 7th Street Sheet No.
St. Paul , MN 55102 222-7358
Date 3/6/89
Proposal Submitted To Work To Be Performed At
Name Stonehouse Street SAM F
---- --200
7 -88 Street - - - -
'
City State
City St. Anthony I Data of Plans
State h1N 55418 Ray foe l son Architect
Telephone Number 781-4122
We hereby propose to furnish the materials and perform the labor necessary for the completion of
(1) Move the._ entrance canopy from the front to the back.
Add 2'-0 to both sides of the sign panel and
valance and 2 support posts..._ .. .$680.00_.-
_Add _.................. . .... _....__.._.. - .._ _. ... . .._.(2) Add a-continuous .cascade_ awning on the .front.,
_._ . _.3.'-0 high _x_2!-.0- projection. x 69.,'70 total width.. _.. ..__ _
Di n i no and Dancing - on the left: sect.i,on...- $5 r350.00-.-. . .
Stonehouse ..Ea_r- -and Gri-rill". _ . .on.,.the rj ght.- sec tion.,...Painted..i.n-. 10'.' .letters.. .
_._.. .. _ ... . _ .. ._... . ... . _. .
Optional egg crating add to price
Signrnaster Supreme-_vinyl fabric..- - -.- _ _.. _........._......_ ...... (a 30
_.
Lights. ---___
_ .
installed Final k.-_up. _to. panel extra.. . ...-_._._................. .. _ .. ..-.. .
*Permits to .he taken out. by others.., ....... D,J� .
_... _ .'.. - .-. . ........ ... . .... ........ .. . co
5. .wipek. 1 ead. t 1 me, from.. receipt of acceptance..-.... _ _ ... . . .. . . .....
All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings
and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of
Dollars (S 1.
with payments to be made as follows:. 50% doe,,n and signed copy of proposal
is required- to place order.
Ba-lance due 30 days from completion.
J.W. Hulme Co.
Any alteration or deviation from above specifications involving Respectfully submitted
extra costs, will be executed only upon written orders, and
will become an extra charge over and above the estimate. All Dan Witham
-agreements contingent-upon strikes,accidents or delays beyond Per
our control. Owner to carry fire, tornado and other necessary
insurance upon above work. Workmen's Compensation and Note—This proposal may be withdrawn
Public Liability Insurance on above work to be taken out by
JW. HULME CO. by us if not accepted within 60 days
ACCEPTANCE OF PROPOSAL
The above.prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
o specified.Payment will be made as outlined above.
Signature
Date Signature
TOPS FORM NO. 1750 tJTMO IN U.S.A.
PARROW ro sal SIGN CO. ■ S.°ECIFICATtONS AND ESTIMATE
H1IfX7 l 18607 Hwy. 65 N.E. _ -
Ceder, Minnesofa 55011 No
(612) 434-6134
Page No. of Pages
PROPOSAL SUBMITTED TO P40NE DATE
Muncipal Liquor Operation 781-4122 i4-11-89
STREET JCB NAME
2700 Hwy. 88 �,C�^FtLs��E
CITY,STATE AND ZIP CODE St. Anthony. MN. '
ARCHITECT DATI r C.F PLANS JOB PHONE
We heteDy proaose to furnish mmergis anD ia='BCtssaT U'ins.'.U:.?5:0'ot. -..-----------._
Awning proposal:
Furnish and install 1-69 ' X 4 ' bark-lit- awni ncr per _sk_Ptchi ,
to i nn1 ude 8n0 MA f 1 nurPgnRnt lamps and bal l agtg,_c_4.*+n+,
egg orating_
nttntat•i nn i nr1 tides all
And install the above awns ng, l'cn i nrl „races l-n ranccn n �� �st�ng �� ^ r-
ansign and the- move of eari�+-ing-half �aarrel +-„ C)thA - rifle of hu}lding.
$6 ,165 .00 sales tax included
• *Final electrical hook-up and city permits not included ed i n proposal .
Thank you for this opportunity to serve you John Reiter
BID DOES NOT INCLUDE ELECTRICAL HOOK-UP..
50% DOWN, BALANCE DUE UPON COMPLETIOIJ UNLESS PRIOR ARRANGEMENTS KIAVE SEEN MADE.
WE PROPOSE hereby to furnish material aid labor— cornplete in accordance with above specifications,for the sum of:
Six Thousand and r 10 9
One Hundred Sixty-Five Dollar's &00/ ---dollars(s�165 ,00
Payment to e �.
i
All material is uaranteed to be ass pe ified.Ail work to to com !eted in a substantial
workmanlike manner according to specitica!ions submitted.per standard practices. Authorized
Any alteration or deviation from above specifications involving extra costs will be Signature
executed only upon written orders,and will become an extra charge over and above
the estimate.All agreements contingent upon strikes,accidents or delays beyond Note:Thia pr osaf y be
our control.Owner to carry fire,tornado and other necessary insurance.Our workers withdrawn b us 1f ne accepts Thin •
.l are fully covered by Workmen's Compensation Insurance.
ACCEPTANCE OF PROPOSAL The above prices,specifications and con
dilions are satisfactory and are hereby accepted.You are authorized to do the work Signature_
as specified.payment will be made as outlined above.
Date of Acceptance: Signature
RESTAURANTS
MW
L'Y,`Fr�+�'*e'WS "�R`ri > 'y `
BAR GRILL '
DINING 4 DANCING
111,11 lllllj�
i
:x
.�-. + ..��� - -.+.'-t:'t _�ti�`�=',�_cjQ.S 'J. _w`:x_. si �,�: ..�.'�:=:r_`ii;T;.... �i.. :c=j�h.i. "���1 1•�.�.
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HE e
DATE : APPROVAL =
May 12, 1989
TO : Planning Commission -Members
FROM : Larry Hamer, Public Works Director
ITEM : INFORMATIONAL - REQUESTS FROM LANG/NELSON
Lang/Nelson is requesting Council permission for:
1. a temporary trailer to be used as an apartment rental office; and
2. an additional temporary sales sign.
Request #1
Please refer to the attached letter for the specifics of this request.
Precedent was set when the Kenzington was being constructed and Arkell
utilized a temporary trailer as a sales office.
Request #2
Lang/Nelson would like to place a temporary 4 foot X 8 foot sign on
their property to further advertise their apartment rentals. A .
representative from Lang/Nelson will be present to detail this request
and answer any questions you may have.
:cjk5.16.89
z
�N LANG-NELSON
• ASSOCIATES INCORPORATED
PROFESSIONAL PROPERTY MANAGEMENT
May 11, 1989
Mr. Larry Hammer
Director of Public Works
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Dear Mr. Hammer,
As per our discussion on Autumn Woods of St: Anthony today,
I have outlined the specifics you requested regarding the placement
of a temporary rental mobil office.
1) The temporary rental mobil office will be located on
• the construction site from 6-1-89 thru 9-28-89.
2) The size of the mobil office is 12 ' X 44 ' . (See a copy
attached)
3) The actual placement of the mobil office is sketched
below.
0
If you have any questions, please don' t hesitate to give me a
call.
Si cerely,
• Charlene Dahler
Property Manager
CD:cd
Enclosure
4601 Excelsior Boulevard, Suite 650,Minneapolis,Minnesota 55416 920-0400
• rr
SERIES � ��
Test n
12' x 48' Modular ---12' x 44' Building Size. For Rental, Lease or Sale.
y 11'8"
♦♦� tV
4'Wood 61-Fold RR —Q—
2,6„ �• ----12,0„
48'0"
Standard Equipment The Designer Extras Branch Offices
Fully Insulated Commercial Carpeting Over 80 Locations to Serve You
8' Ceiling Heights Recessed Fluorescent Lights Call 800-523-7918
30,000 BTUH of Air Conditioning Wood Exterior Siding All the space that fits your needs.
10KW Ducted Heat Coffee Bar with Sink
Bath and Closet Mansard Type Roof Trim
2-36"Exterior Doors Detachable Hauling Hitch 0
Concealed Tie Down Straps Trim 011 Door and Windows
Office Partition with Swinging Door Bronze Glass Windows Space
Bronze Glass Entrance Door
60 CFM Bathroom Fan Two Bala Plaza,Bala Cynwyd,PA 19004 5
Ct>(ryrght 19116,Rtv GS.1td8D Specifications may vary. votw
•
1 �
• C S TY OF S T . ANTHONY
_"Mr W COUN C 2 L M S NUT E S
MAR C H 28 , 1 9 8 9
1 The meeting was called to order at 7: 30 P.M. with the Pledge of
2 Allegiance led by -Mayor Sundland.
3 ROLL CALL
4 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske.
5 Also present: David Childs, City Manager
6 Sue VanderHeyden, Assistant to the City Manager
7 MARCH 7, 1989 COUNCIL MINUTES
8 Motion by Marks, seconded by Makowske to approve with the following
9 changes:
0 Page 5, line 19: Change "it" to "is" before "most" .
Page 8, line 23 : Strike "s" on "takes" .
2 Page 9, line 26: Insert "residents including" between "from" and "
13 "several" .
14 Motion carried unanimously.
15 LICENSESIPERMITSfPETITIONS
16 Motion by Enrooth, seconded by Marks. to grant the following as presented
17 in 'the March 28, 1989 agenda packet:
18 Bowling Alley
19 St. Anthony Lanes (renewal)
20 Amusement Devices
21 St. Anthony Liquor (renewal)
22 C. G. Rein (Apache Plaza) (renewal)
23 St. Anthony Lanes (renewal)
24 Bono's Malt Shop and Arcade (renewal) '
25 Slick's Alternative (renewal)
26 Gary Fey Diversified Enterprises (renewal)
• 1
Ah
1 Retail Off Sale Beer
2 Red Owl Stores, Inc. (Red Owl Country Store) (renewal) •
3 Speedy Markets, Inc. (Speedy Market) (renewal)
4 Retail On Sale Beer
5 Gross Golf Course, Minneapolis Park & Recreation Board (renewal)
6 Minneapolis Bowl-O-Mat, Inc. , Apache Plaza Shopping Center (renewal)
7 Pizza Hut of the Northwest, Inc. , Pizza Hut, 3801 Stinson Boulevard
8 (renewal)
9 St. Anthony Lanes, 2654 Kenzie Terrace (renewal)
10 Cigarette
11 Clochie's Coffee House (renewal)
12 St. Anthony Lanes (renewal)
13 Minneapolis Park & Recreation Board (renewal)
14 Apache Mobil Service (renewal)
15 Town & Country Foods (renewal)
16 Contractors
17 DuAll Service Contractors, Inc. , Columbia Heights, MN (renewal)
18 Arrow Sign Co. , Cedar, MN
19 Four Seasons Construction Co. , Fridley, MN (renewal)
20 :Karkela Construction Co. , St. Louis Park, MN
21 Stennes Shade Tree, Inc. , New Brighton, MN (renewal) •
22 The Chuba Company, Elk River, MN
23 Nedegaard Construction, Inc. , Coon Rapids, MN (renewal)
24 Kraus-Anderson Construction Co. , Minneapolis, MN (renewal)
25 VPM Corporation, St. Anthony, MN
26 Jack H. Brown DBA Signgraphics, Dallas, TX.
27 Juke Box
28 Bono's Malt Shop and Arcade (renewal)
29 Slick's Alternative (renewal)
30 Laundry Vending
31 Manor Wash n Dry (renewal)
32 Rubbish Removal
33 Larry's Quality Sanitation, Ramsey, MN (renewal)
34 Vending Machine
35 St. Anthony Lanes (renewal)
36 Dale Hauger (Apache Laundry)
2 •
'a
1 Motion carried unanimously.
•2 Motion by Marks, seconded by Enrooth to renew the service station
3 licenses for St. Anthony Unocal, Inc. and Apache Mobil Service as listed
4 in the March 28, 1989 agenda packet.
5 Voting on the motion:
6 Aye: Marks, Ranallo, Sundland, Enrooth.
7 Abstention: Makowske.
8 Motion carried.
9 Mr. Childs agreed with Councilmember Makowske that the listing of the
10 St. Anthony Liquor Store under Amusement Devices had been unnecessary
11 since the Council had recently excluded by ordinance all City businesses
12 from seeking such licenses which the vendor was apparently not aware of.
13 CLAIMS
14 Motion by Marks, seconded by Ranallo to approve payment of all City
15 accounts payable for January 31 and February 28, 1989 and all liquor
16 accounts payable for February 28 and March 10, 1989 as listed in the
17 March 28, 1989 agenda packet as well as the City accounts payable for
18 March 20, 1989 which were distributed that evening.
19 Motion carried unanimously.
2•0 Motion by Ranallo, seconded by Makowske to approve payment of $670. 33
1 to Rieke-Carroll-Muller Associates, Inc. for engineering services from
22 January 29 to February 25, 1989 related to the cost feasibility study
23 of City MSA roads.
24 Motion carried unanimously.
25 Councilmember Enrooth Concerned About Condition of Lift Station Site
26 Mr. Childs assured the Councilmember that although the lift station
27 itself was functioning, the contractors were by no means through with
.28 the project and staff was working closely with NewMech to make sure the
29 sodding and pavement is restored. He also pointed out that a percentage
30 of the contractor's fees would not be paid until that work is
31 satisfactorily completed.
32 Motion by Ranallo, seconded by Enrooth to approve payment of $58,729.00
33 to NewMech Companies, Inc. for contracting services for the period
34 ending February 28 , 1989 on the replacement of the Foss Road lift
35 station.
36 Motion carried unanimously.
3
I Motion by Enrooth, seconded by Marks to approve payment of $3,0.24.00 to
2 Calgon Carbon Corporation for servicing the City's carbon filtration •
3 facility during February, 1989.
4 Motion carried unanimously.
5 Motion by Makowske, seconded by Marks to approve payment of $19,627 . 86
6 to the Metropolitan Waste Control Commission for April sewer services.
7 Motion carried unanimously.
8 Motion by Marks, seconded by Sundland to approve payments of $8,319.00
9 for windows and $2 ,000.00 as partial payment for installation to Val Pro
10 in conjunction with the City Fire Station remodeling project.
11 Motion carried unanimously.
12 Motion by Marks, seconded by Makowske to approve payment of $2,049.06
i3 to Short-Elliott-Hendrickson, Inc. for engineering services from January
14 22 through February 18, 19.89 in conjunction with the replacement of the
15 Foss Road lift station.
16 Motion carried unanimously.
17 REQUESTED PUBLIC APPEARANCE
18 Human Services Planners Tell Council How Proposed Licensing Changes for
19 Residential Facilities Could Affect Suburban Communities •
20 Susan Smith, Planning Manager for Ramsey County Human Services and Nancy
21 Homans, Human Services Planner from the City of St. Paul, informed the
22 Councilmembers:
23 -They had been working on the issue for about two and a half years and
24 were making similar presentations to .explain the possible changes to
25 other suburban officials, having already made a presentation to the
26 Ramsey County League of Local Governments, as they understood
27 Councilmember Makowske had reported to the Council.
28 -These presentations have addressed the responsibilities all 87
29 counties in Minnesota already have under state law related to their
30 own vulnerable populations of the mentally ill and retarded, children
31 and minors, including adolescent parents; the homeless for which the
32 counties like Hennepin and Ramsey have already been providing some
33 shelter; the elderly and other vulnerable adults like the chemically
34 dependent (lists of these provided prior to the meeting) .
35 -Facilities are no longer confined or isolated; the facilities and
36 their residents have become much more visible. This has resulted in
37 the cities and people in the neighborhoods desiring to have more land
38 use control over the location of the facilities which serve them as
39 well as having some control over the size of those facilities.
4
1 -Over the years the counties have gained increasing legal
•2 responsibility for integrating those populations into the areas where
3 they live, work, or have recreation provided during the day.
4 -Counties have understandably been resistant to some of the changes
5 because they have to pay the room and board for, these individuals and
6 those costs are very dependent on the type of building or control
7 cities impose on the land.
8 -Large concentrations of vulnerable population facilities in certain
9 areas of Minneapolis and St. Paul have resulted mostly because of
10 lower costs of housing especially older housing which is more
11 available.
12 -The availability of good transportation and service delivery to their
13 clients has also been a factor in the housing of these populations in
14 the inner cities.
15 However, the planner said, as more persons moved from state hospitals
16 and institutions into smaller and smaller living arrangements throughout
17 the metro area, those vulnerable populations became more noticeable to,
18 residents and neighborhood activists, particularly in St. Paul where
19 residents went to their respective city councilmembers and told them
20 they perceived the neighborhoods needed more control over where the
21 vulnerable populations lived.
0 2 In late 1986 or early 1987 , the St. Paul Council established a task
3 force to look at the problem. Recommendations of the task force were
24 submitted to the St. Paul Planning Commission in January, 1988, and in
25 turn have become the basis for the proposed legislation.
26 Ms. Smith related the problems Ramsey County would -be facing in
27 implementing those changes with a budget in 1989 of $180,000.00, part
28 of which has to pay for room and board and income support programs for
29 a whole variety of vulnerable and poor people. She said she anticipated
30 with smaller units of housing at higher prices there would be an
31 immediate impact on property taxes. However, the St. Paul Human
32 Services Planner said both the Ramsey County Board and the St. Paul City
33 Council were avid supporters of the proposed legislative changes
34 particularly because the County feels that the more normal the living
35 arrangements can be made for vulnerable populations, the better. She
36 said it is also perceived that some of these persons may even become.
37 able to live independently without public assistance.
38 Councilmembers had been provided with a listing of some of the policy
39 issues which had prompted these presentations so as to answer concerns
40 about some of the issues. Ms. Smith reported some of those policies had
41 come from judicial decisions which had affected both the County's and
42 the City's way of doing business. The effect of federal financing of
43 some of these facilities was also explored particularly the Chavez bill
44 which, although it had never gotten beyond the hearing process, had
• 5
1 nevertheless resulted in the downsizing of facilities, particularly
2 those for the mentally retarded. •
3 Ms. Smith then addressed the portion of the proposed bill which she said
4 had language dealing with community correction facilities (halfway
5 houses) which tended to make neighborhoods very uneasy. Ms. Homans
6 addressed that concern by telling the Council her own experience of
7 living with a child in kindergarten on Lake Street only half a block
8 away from a correctional facility which she perceived was much easier
9 for the neighbors to deal with than a mentally ill facility because the
10 residents of the correctional facility were gone all day to work and
11 were behind locked doors at 10:00 P.M. every night.
12 Under the proposed legislation, residential facilities for correctional
13 clients would be permitted uses in zoning districts which permitted
14 hotels and motels. There could be up to 50 beds in such districts
15 subject to at least 750 foot distance from any residential use. The St.
16 Paul planner told the Councilmembers that she saw the Ramsey County and
17 St. Paul Human Services Departments as having been acting as proxies for
18 St. Anthony's interests in the proposed legislation and she and Ms.
19 Smith were present that evening to get Council reaction to those
20 efforts.
21 She reiterated that the proposed legislation had its roots in St. Paul's
22 efforts to update; bring rationality to; and discuss and resolve issues
23 relating to the placement and regulation of community residential
24 facilities. Ms. Homans indicated the objective of the proposed •
25 legislation was to enhance the quality of care offered to people with
26 mental illness or retardation or chemical dependency by insuring that
27 they obtain normal residential community surroundings, a right which is
28 already recognized by state policy, but which can never happen as long
29 as there are concentrations of facilities • as there are in St. Paul.
30 concentrating 4% of this type of vulnerable population in one
31 neighborhood in 109 and 175 bed facilities for the mentally ill; a 40
32 bed facility for correctional clients; and a 30 bed facility for
33 chemical dependency clients doesn't create a normal residential
34 surrounding for those who need the benefit of county care.
35 She said providers of such care in the past have followed the path of
36 the least resistance by going into neighborhoods which are poorly
37 organized, leaving it up to the next guy to worry about too much
38 concentration. The planner added that there had been a lot of
39 resistance from .local governments because they didn't want to go through
40 the public hearings and the stress that's involved with the possibility
41 of these facilities locating in their own neighborhoods.
42 Ms. Homans pointed out that corporate providers of services to mentally
43 ill and retarded clients have taken advantage of the lack of distance
W 44 restrictions in the existing licensing laws by establishing clusters of
45 from 10 to 12 four bed homes with split staffs that are operated more
46 like group homes rather than foster homes. The new law proposes a token
47 450 foot distance between such small facilities to remove the economic
6
1 incentive for these concentrations. It also proposes an absolute
2 concentration level of only 1% of the population of any planning
•3 district or city for all human service residential facilities. The St.
4 Paul Planner told the Council that state law now mandates that human
5, services for six or fewer persons are to be permitted uses in all single
6 family zoned districts. She also said St. Paul would be able to
7 distance those residences 1,320 feet apart but smaller communities would
8 not at this point be permitted to require that much distance.
9 The existing laws permit residences for 16 persons or fewer in multi-
10 family zoning districts but riders which attached conditions dealing
11 with the health, welfare and safety of the residents have been
12 effectively used to block the placement of those types of facilities in
13 many. of those districts. The proposed bill is written to eliminate
14 those conditions and to clean up the distance and concentration issues
15 in the existing law by requiring different types of facilities to be
16 located certain distances from each other, requirements which the large
17 and suburban cities had never had before.
18 In regard to local governments, Ms. Homans reported the new legislation
19 perceives a need for planning concentrations on a county-wide basis and
20 therefore requiring the planners to return for discussions with the
21 Council related to what the needs are for the northern suburban areas
22 and how suburban cities can meet those needs. She emphasized that she
23 believed people within a community who need these type of services
24 should not have to move away from their home surroundings to get them.
25 Councilmembers had been provided copies of a book which contained
�6 listings of licensed facilities in Ramsey County by Commissioner
7 District which Ms. Smith acknowledged was somewhat outdated and needed
28 revising.
29 Some of City Concerns Addressed
30 Councilmember Marks reported that during his campaign for the
31 legislature, he had found talking to different people in his legislative
32 district that a lot of them perceived that the state had more or less
33 just walked away from its responsibilities for the vulnerable just to
34 save .money rather than to provide the quality of care these people
35 required and deserved. He said he perceived that under that arrangement
36 some people got better care than others and he hoped the new legislation
37 would provide more equity than in the past.
38 When questions were raised about how the County would be monitoring
39 these suburban facilities, Ms. Homans indicated that in the case of the
40 mentally ill who, of course, can legally refuse treatment, the County
41 now requires a caseworker who would be responsible . for dealing with
42 questions the City might have related to a particular client. However,
43 because many of these are not wards of the state, they would therefore
44 be free to come and go as they chose and she said such monitoring would
45 not involve locking up those persons or keeping them busy 24 hours a
46 day.
• 7
I The St. Paul Planner confirmed that parts of the proposed changes would
2 preempt the St. Anthony Ordinance, .including that section which allows •
3 no more than three non-related persons to a residence. Under the new
4 law six "protected persons" would be allowed in a single family zoned
5 district. She added that St. Paul's law which allowed only four such
6 persons would also be preempted. Persons with family members in the
7 protected classifications would not have to comply with the distance or
8 number restrictions, she added. There would be no requirement for
9 licensing a home where a family hires someone to take care of protected
10 family members.
it The Council was assured that all local governments would be given a 45
12 day notice before a license for any of these facilities is issued which
13 would include the name and address of the provider as well as the name
14 of the Ramsey County person responsible for that contract. The City
15 would therefore know who to contact about any complaints from neighbors
16 about such facility.
17 There was a short discussion of day care, with the planners telling
18 Councilmember Ranallo there would be a mixture of both state and county
19 monies supporting such services.
20 Before the planners were thanked for the insight they had provided the
21 Councilmembers, Ms. Homans told the Council the proposed changes had
22 been described as "having a chance just because everybody's miserable
23 with the way things are going now. " She said she personally preferred
24 to think the legislation had a chance because "everybody involved dug
25 a little deeper into their own consciences and perceived a need to •
26 remove some of the barricades they had erected to prevent the state from
27 reaching these goals a long time ago. "
28 The St. Paul Planner said she perceived people with special needs were
29 put in hospitals and institutions in the 501s, placed in large group
30 homes in St. Paul and Minneapolis in the 60's and 70's and in the 80's
31 they ended up in treatment ghettos in the central cities. She said she
32 thought the time had now come for them to be brought back home hopefully
33 on such a small scale as to be welcomed by the neighbors.
34 REPORTS
35 COUNCIL
36 Councilmember Pleased to Learn Historical Society and VillageFest
37 Meetings Announced on Cable T.V.
38 Councilmember Makowske said she was really surprised when one of the
39 persons who attended the Historical Society meeting the previous evening
40 indicated knowledge of the meeting had come through this media.
41 Historical Society Willing to "Pursue with Caution" Suggestion That
42 Their Organization Become a Committee of the St. Anthony Chamber of
43 Commerce
8 •
y
1 Councilmember Makowske reported that reservations about how the above
W 2 could be accomplished led to the direction she had received from Society
members during their previous meeting to proceed slow. She. also
4 reported there had been a great deal of interest in having the Society
5 sponsor a booth at the VillageFest and in having an article in the next
6 Newsletter which gave suggestions on how residents should go about
7 writing their own family histories which they could turn in at the booth
8 with family photos attached or to which they could attach photos taken
9 at the booth. The perception was that by talking to residents who come
10 to the booth the Society would be able to get a good feel for the kind
11 of residents who live in St. Anthony. Councilmember Makowske told the
12 Councilmembers the Society perceived their booth might even be a draw
13 for people who might otherwise not care to participate in the Fest.
14 The .Councilmember then drew attention to the document Mayor Sundland had
15 obtained which indicated the Village had celebrated its 100th birthday
16 in 1948 although there had been some question whether St. Anthony was
17 actually a township rather than the Village which had been established
18 that year.
19 The Councilmember indicated that a "trial run" had been made of the
20 transcription of one oral history which had been taken by Ruth Harris
21 for which the transcription costs had been only $35.00. She said she
22 had submitted the bill to the City but realized the Society would have
23 to begin some fund raising efforts to defray future costs of this
24 nature.
* One of St. Anthony's First Mayor's Grandsons Developing Slide
6 Presentation of Photos Relating to Early History of Village
27 Councilmember Makowske reported spending an evening with Russell Pahl,.
28 whose grandfather was Theodore Pahl, after whom one of the early
29 streets in the Village was named, where she saw photos of 32nd Avenue
30 which early in the community's existence was called "Roller Coaster
31 Road. " She also mentioned that at one time marijuana grew freely in St.
32 Anthony and kids used the stalks as spears during play. A video tape
33 of Mr. Pahl's presentation has been given ,to the Society, she said. A
34 similar tape of photos Frank Gregory had in his possession had also been
35 donated to her committee, she said. These illustrate Village history
36 during the era from 1938 to 1943 .
37 Sue VanderHeyden and Councilmember Makowske Attend March 15th RCLLG
38 Meeting on Rubbish
39 Both attendees were in agreement that they had learned little more than
40 had already been presented to the City although they had heard more
41 about what other communities are doing concerning the hauling of solid
42 waste and recyclables.
43 Village Cleanup to be Conducted by Waste Management Weekend of April
44 29th
• 9
1 Councilmember Enrooth indicated that in the absence of a recycling •
2 program and because of the appearance of some properties in St. Anthony,
3 the above would again be held this year. This led to a discussion of
4 whether the City's ordinance against vehicles being parked on dirt
5 surfaces was being enforced. Staff was requested to get a report from
6 the Police Department on the number of tags which had been issued to
7 violators. There was also a suggestion that the existence of "For Sale"
8 signs on vehicles parked for long periods of time around the Village
9 should also be investigated.
10 Waste Management's Recycling Container Seen as "Best Buy Around"
11 Ms. VanderHeyden presented the recycling bin from that hauler,
12 indicating it had not been hard to draw such a conclusion after seeing
13 quotes from other sources for the same type of containers. She reported
14 Waste Management's price of $5.54 . a piece for orders of 2,000 or more,
15 with delivery to the City not the individual households. This price was
16 not contingent upon that hauler being chosen as the prime hauler for
17 recyclable materials when the program goes into effect. The Assistant
18 to the City Manager indicated this was a one container system into
19 which a week's worth of a residential household's glass, cans and paper
20 could all be collected for one pick up a week which was preferable in
21 the interest of both limiting the need to carry wastes and recyclables
22 to the street by residents and providing safer conditions.
23 The price, which included the Village logo and was at least half of what
24 other containers would cost, seemed to appeal to the Councilmembers but
25 it was decided that a final decision should not be made until after the
26 proposed Recycling Ordinance is adopted.
27 It was also agreed that the City would be able to furnish each of the
28 1,800 households in the Village with a container with the money coming
29 from the County for that purpose and a supply would be kept at the City
30 offices from which households could purchase more if needed.
.31 St. Anthony to Observe Arbor Week April 24th through 30th and Year of
32 the Young Reader in 1989
33 A copy of the first proclamation had been included in the agenda packet
34 that evening 'and the copy of the second distributed prior to the
35 meeting. Mayor Sundland requested Council support by motion for both,
36 informing the Council that the St. Anthony Library planned a special
37 celebration of the latter.
38 Council Action
39 Motion by Marks, seconded by Makowske to support the Mayor's
40 Proclamation of April 24 through 30, 1989 as Arbor Week and 1989 as the
41 Year of the Young Reader in St. Anthony.
42 Motion carried unanimously.
10 •
I Clarification of His Own Position on Continuance of 'Community Services
2 in Community Center Offered by Councilmember Ranallo
Because several people had evidently misread the recent Bulletin report
4 of the March 7th work session with the architects on the renovation of
5 the community center for which no minutes had been taken, Councilmember
6 Ranallo said he wanted to set the record straight regarding his own
7 comments on the issue by saying he had stated during the, meeting that
8 he personally perceived the City had "more than a five year commitment
9 to continue those services. " The Councilmember reported meeting with
10 Larry Jones, who had written the article, and the newswriter had assured
11 him that the article which might have been read several ways, certainly
12 had not been intended to leave the impression that the Councilmember
13 opposed the continuance of community services in the center.
14 Councilmember Ranallo said he thought he had been able to clear the
15 point up with several people who had brought up the subject at the last
16 VillageFest Committee meeting as well as with another resident he met
17 at Apache Plaza who had gotten the same impression from reading the
18 article.
19 City Manager's -Newsletter Article to Inform Residents About the Use of
20 $3,000,000 Army Settlement
21 Councilmember Ranallo indicated he had relayed the queries he had
22 received from residents about how such monies would benefit them
23 directly to Mr. Childs, who had told him he was already working on the
24 above article which he hoped would clear up any questions about where
5 those funds would be spent.
6 St. Paul and Golden Valley Mayors Being Considered for LMC C.C. Ludwig
27 Award
28 Councilmember Ranallo alerted the -other Councilmembers to the fact that
29 he had found out at the meeting of the League of Minnesota Cities Board
30 that the name of Mayor Mary Anderson of Golden Valley had been added to
31 that of Mayor George Latimer of St. Paul for consideration for the
32 award.
33 National Conference of Cities March 13-15 Reported by Conference
34 Delegates Ranallo, Marks, and Sundland
35 Changes in the conference format which were perceived to have resulted
36 in smaller attendance of Congressmen and their staffs at the Minnesota
37 delegation reception were discussed at length. "
38 Councilmember Marks reported that Councilmember Ranallo had been
39 selected to chair the Minnesota delegation's meeting with Congressman
40 Sabo, where Councilmember Marks indicated, he had been glad to have the
41 opportunity to personally thank the Congressman for the help he had
42 provided St. Anthony in reaching a settlement with the Army. The
43 Councilmember said he was somewhat disappointed not to be able to have
44 the opportunity to compare different legislators' responses to questions
• it
1 about issues at the reception but could see the value of having steering
2 committee meetings with their own congressional representatives on •
3 specific issues of interest to each delegate.
4 Councilmember Ranallo indicated that during a meeting with Senators
5 Boschwitz and Durenberger, the latter had questioned holding the
6 conference during the busiest time of the year for Congressmen as was
7 evidenced by the fact that the discussions with both were interrupted
8 by votes on the floor. He said Councilmember Makowske's suggestion that
9 it might be more productive to invite all the Minnesota Congressional
10 Delegation to attend the League of Minnesota conference in the summer
11 was already being considered by the LMC Board. The Councilmember then
12 told the Bulletin newswriter, Larry Jones, he had press releases of the
13 meetings he, the Mayor and Councilmember Marks had participated in with
14 regard to the Human Development Steering Committee he served on, the
15 National Transportation Policy Committee, Mayor Sundland was involved
16 with and the Human Development Policy committee on which Councilmember
17 Marks served.
18 St Anthony Ouite Extraordinary When It Comes to Conference Delegates
19 Councilmember Marks commented that he thought the fact that the majority
20 of the St. Anthony City Council had gone as delegates to the Conference
21 was quite extraordinary for a conference to which cities normally only
22 send their mayors or at the most one other city official. Councilmember
23 Marks indicated that as usual he had come away from this meeting in
24 Washington with a sense of frustration of how hard it is for government
25 to get anything accomplished, but an evening stroll down the mall •
26 between the site of the Minnesota delegation reception and the Lincoln
27 Memorial had improved that perspective somewhat. He and Councilmember
28 Ranallo then recounted the exciting plane trip they had home when it
29 appeared at first they wouldn't be able to land in Minneapolis because
30 the airport had been closed due to bad weather.
31 DEPARTMENTS AND COMMITTEES
32 The following were ordered filed following brief discussions of each:
33 -March 3 and 21 . reports from the Hance & LeVahn law firm reporting
34 cases the City Prosecutors had handled in Hennepin County District
35 Court March 1 and 15, 1989;
36 -February Fire Department Report.
37 CITY MANAGER
38 March 7, 1989 Staff Meeting Notes
39 In reference to Ms. VanderHeyden's report on the placement of a phone
40 booth outside the Police Department offices, Mr. Childs explained that
41 the phone replaced the one which had been near the Council Chambers
42 inside the center, which was moved to the new location in hopes of
12 S
1 providing a way for people coming to the Police station after the
2 offices are closed to get in touch with the police.
03 NEW BUSINESS
4 E. H. Renner & Sons to Repair Well #5
5 In his March 10th memorandum, Public Works Director Larry Hamer had
6 identified the above company as having submitted the lowest bid for the
7 project and had therefore recommended the contract be awarded to them.
8 Several Councilmembers said they thought they had not been provided
9 enough information to determine whether that bid was the lowest but
10 agreed to follow the recommendation when the City Manager reported he
it had seen the supporting documentation on which Mr. Hamer's
12 recommendation had been based.
13 Council Action
14 Motion by Ranallo, seconded by Marks to accept the recommendations of
15 the Public Works Director and award the contract for repairing Well #5
16 to the lowest bidder, E. H. Renner & Sons.
17 Motion carried unanimously.
18 City to Purchase Water Department Supglies for 1989 From Water Products,
19 Inc.
0 The Council perception was that the Public Works Director had provided
V
better documentation that the above firm's low bid was the lowest that
22 had been provided for the well repair.
23 Council Action
24 Motion by Enrooth, seconded by Marks to purchase Water Department
25 supplies for 1989 from Water Products, Inc.
26 Motion carried unanimously.
27 Lowest Bid of $15,290.00 From Hayden Murphy Equipment Accepted for Skid
28 Mounted Hydraulic Drill Machine
29 Mr. Hamer's March 23rd memorandum advised that the City had received
30 three bids for the above and that Hayden Murphy Equipment's bid had been
31 the lowest and therefore should be accepted by the Council for this
32 equipment. The Public Works Director had also acknowledged in his
33 memorandum that all the quotes had come in above the $14,000.00, which
34 had been budgeted for this purchase, but pointed out there was money
35 available to cover the difference because his department had been able
36 to purchase the mower the previous month at a price which was $4,000.00
37 under the amount budgeted for that item.
38 Council Action
• 13
1 Motion by Marks, seconded by Makowske to accept the lowest bid of •
2 $15,290.00 from Hayden Murphy Equipment Co. for the purchase of a
3 hydraulic operated drill machine, which will be skid mounted.
4 Motion carried unanimously.
5 ADJOURNMENT
6 Motion by Ranallo, seconded by Marks to adjourn the Council meeting at
7 9:00 P.M. for the meeting of the St. Anthony Housing and Redevelopment
8 Authority which followed immediately.
9 Motion carried unanimously.
10 Respectfully submitted,
it Helen Crowe, Secretary
12
13 Mayor
14 ATTEST:
15 City Clerk •
14 •
• C 2 TY OF S T _ ANTHONY
HOU S 2 NG AND RED EVE L O PMENT
AUTHOR 2 TY M 2 NUT E S
MARCH 28 , 1- 989
1 Chair Sundland opened the meeting at 9:05 P.M.
2 ROLL CALL
3 Present for roll call: Sundland, Vice Chair Enrooth,
4 Secretary/Treasurer Marks, and Commissioners
5 Ranallo and Makowske.
6 Also present: David Childs, Executive Director
7 Sue VanderHeyden, Assistant to the City Manager
8 FEBRUARY 28, 1989 H.R.A. MINUTES
9 Motion by Ranallo, seconded by Marks to approve as presented.
�0 Motion carried unanimously.
11 CLAIMS
12 An explanation that the checks for $153.,475.00 and $141,677.50 listed
13 in the January 31st verified claims in the agenda packet represented tax
14 increment bond payments, preceded the motion:
15 Motion -by Marks, seconded by Makowske to approve payment of all the
16 accounts payable listed for H.R.A. payment in the January 31st agenda
17 packet.
18 Motion carried unanimously.
19 Motion by Enrooth, seconded by Marks to approve payment of $5,524.67 to
20 the Dorsey & Whitney law firm for service to the H.R.A. during January,
21 1989.
22 Motion carried unanimously.
23 Townhouse Developers Clear All Title Impediments to Project Only to Face
24 Further Setbacks From the Soo Line Railroad
25 Vern Hoium, President and Ursula Sheehy, Vice President of Evergreen
26 Development were present to discuss the "Catch 22" prospect they were
• 1
l
1 l
1 now facing after a protracted but successful effort to clear the title
2 for the project. •
3 Mr. Hoium described in detail an almost five month effort to remove
4 drainage easements dating back 75 to 100 years on the City's properties
5 as well as bonded properties. He said he was quite confident the
6 barriers had been removed for getting clear title to those two parcels.
7 The developer said he was also very optimistic that there would be no
8 further problems getting Rice Creek Watershed District to approve the
9 project. He indicated he also perceived a strong public interest
10 remained in the project as evidenced by the fact that there were still
11 21 of the original 28 prospective buyers who had left $1 ,000.00
12 reservation deposits with his company.
13 However, because of the rise in interest rates during the period the
14 project was delayed to get the drainage easements, the price range for
15 the units had risen about 10% to approximately $110,000 for each unit.
16 Unreasonable Charges for Putting Fill on Railroad Right-of-Way Could
17 Make Project Too Expensive to Construct
18 The developers request to put a strip of fill 20 feet wide by 550 feet
19 long in the ditch next to the tracks to create a gradual grassy. slope
20 down from the roadway through the project to meet the grade descent from
21 the tracks had at first resulted in a quote of $16,500.00 from the
22 railroad's real estate department. This quote was then countermanded
23 by the Soo Line engineering department. The City Manager contacted Soo •
24 Line President, Dennis Cavanaugh, which resulted in a meeting of
25 railroad representatives, staff and developers at which the time
26 railroad representatives called for further soil borings and quoted a
27 figure which "could run into six figures" as the charge for using their
28 right-of-way.
29 The line next to the property had gone from two to a one track run ,over
30 which only two or at the most three runs are made each day so the
31 engineer had considered it highly unlikely that filling in the area
32 between the road and the track grade could affect the stability of the
33 grade. It was also perceived that the proximity of housing next to
34 their tracks should not be a matter of concern to the railroad because
35 the mortgage company had required that no unit be constructed closer
36 than 100 feet from the tracks.
37 Mr. Hoium reiterated his February 10th letter stating that the
38 railroad's decision was a major stumbling block to the project.
39 He stated further that it would cost the developers at least $75,000.0.0
40 to construct 550 feet of retaining wall and fence and would necessitate
41 dropping at least 10 units from the project which would leave too few
42 units to produce enough tax revenue to pay back the tax increment
43 financing. He also stated that he wouldn't want to put $5,000.00 more
44 for soil borings into the project without some hope that the railroad
45 officials weren't going to just refuse the request as a matter of
46 policy. •
2
i
01 The possibility of condemnation was explored briefly before staff was
2 requested to reopen discussions with railroad engineering department
3 officials to get their final position with reapproachment of the Soo
4 Line President left as the final recourse.
5 ADJOURNMENT
6 Motion by Enrooth, seconded by Marks to adjourn the Housing and
7 Redevelopment Authority meeting at 9:50 P.M.
8 Motion carried unanimously.
9 Respectfully submitted,
10 Helen Crowe, Secretary
11 :cjk
•
3
t 41
• C 2= OE' ST . ANTHONY
C 2 TY COUN C 2 L. M 2 NUTS S
APR 2 L 1 1 , 3- 989
1 The meeting was called to order at 7:28 P.M. with the Pledge of
2 Allegiance led by Mayor Sundland. The meeting had been preceded by the
3 Board of Review hearing at 6:30 P.M.
4 ROLL CALL
5 Present: Marks, Ranallo, Sundland, Enrooth, Makowske.
6 Also present: David Childs, City Manager
7 Larry Hamer, Public Works Director
8 MARCH 28., 1989 COUNCIL MINUTES
9 Motion by Marks, seconded by Makowske to approve with the following
10 changes:
11 Page 9, line. 3 : Substitute "slowly" for "slow" .
12 Page 12 , line 14 : Bold type should be used for Human Development Steer-
3 ing Committee.
14 Motion carried unanimously.
15 LICENSES/PERMITSfPETITIONS
16 Motion by Ranallo, seconded by Enrooth to grant the following as
17 presented in the april 11, 1989 Council agenda packet:
18 Cigarette
19 Red Owl Stores, Inc. , (Apache Plaza) - renewal
20 Get It For Less - renewal
21 Dick's Amoco - renewal
22 Contractors
23 C. G. Rein Builders, Inc. , St. Paul - renewal
24 DeVries Builders, Inc. , Maple Grove - renewal
.25 Twin City Design, Inc. , Minneapolis
26 Lawrence Signs, Inc. , St. Paul - renewal
27 Exterior Design Studio, Vadnais Heights
28 Link-Osborn Company, Plymouth
29 Bruce Holton Construction Co. , Inc. , St. Anthony -renewal
• 1
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1 Heating
2 Arrow Heating and Cooling, Inc. , Spring Lake Park •
3 Builders Heating and Air Conditioning, Maple Grove
4 Retail Off-Sale Beer
5 Town & Country Store (St. Anthony Shopping Center) - renewal
6 Rubbish Removal
7 Aagard Sanitation, Inc. , St. Paul - renewal
8 Service Station
9 Dick's Amoco (3700 Silver Lake Road) - renewal
10 Dick's 66 (2700 Kenzie Terrace) - renewal
11 Motion carried unanimously.
12 CLAIMS
13 Motion by .Marks, seconded by Enrooth to approve payment of $1,476.55 to
14 the Dorsey & Whitney law firm for legal services during February, 1989.
15 Notion carried unanimously.
16 Motion by Marks, seconded by Makowske to approve payment of $3,348.00
17 to the Calgon Corporation for servicing the City's carbon filtration
18 facilities during March, 1989.
19 Motion carried unanimously.
20 Motion by Marks, seconded by Sundland to table action on the $8,032.25
21 billing from NewMech Companies for contracting services for the period
22 ending March 21, 1989 in conjunction with the replacement of the Foss
23 Road Lift Station pending further information from the City Manager.
24 Motion carried unanimously.
25 REQUESTED PUBLIC APPEARANCE
26 Council Okays Knights of Columbus Tootsie Roll Promotion in SuPR9rt of
27 Mentally Handicapped
"x. 28 Ray Eklund, 3120 Wilson Street N.E. , presented his .organization's
29 request to conduct their annual "Tootsie Roll" fund raiser, April 28th
30 and 29th, in front of St. Anthony churches and businesses who had agreed
31 to such solicitations. The Knights of Columbus representative then took
32 donations from staff and Councilmembers towards the charitable
33 collection.
2
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1 REPORTS
02 APRIL -5, 1989 PLANNING COMMISSION MINUTES SUMMARY - COMMISSIONER
3 ROSEMARY FRANZESE
4 Because of the time constraint between the April 5th Planning Commission
5 meeting and the Council meeting that evening, only a summary of the
6 Commission minutes had been provided Councilmembers.
7 Variance Granted for Canopy Signs on Salvation Army Thrift Store in
8 Exchange for Reduction of Existing Wall Signage
9 Planning Commission Recommendation.
10 Commissioner Franzese reported the Planning Commission had unanimously
11 recommended the Council grant a variance to the sign Ordinance which
12 would allow two 7 foot by 3 foot additional signs to be erected at the
13 entrance to the above store at 2500 - 38th' Avenue N.E. subject to
14 reduction of the existing wall sign on the building to a size which
15 would bring the store's total sign surface area within the 150 square
16 feet allowed that store frontage.
17 Staff Report
'N
18 Mr. Childs suggested another condition requiring the removal of all
19 illegal flag banners - be imposed on the Council's approval of the
20 variance request.
*1 No one was present to speak either for or against the variance.
22 Council Action
23 Motion by Marks, seconded by Makowske to grant a variance to the Sign
24 Code of the City Sign Ordinance to the Salvation Army Thrift Store,
25 2500 - 38th Avenue N.E. , which would allow the erection of two 7 foot
26 by 3 foot additional canopy signs (42 total square feet) at the entrance
27 to the store on the conditions that:
28 1. The existing 150 square foot wall sign be reduced so that the total
29 sign surface for the 3 signs not exceed 150 square feet.
30 2.. All illegal flag banners now on the store entrance be removed.
31 In granting the variance, the Council finds, as did the Planning
32 Commission, that:
33- a. Staff had received no calls opposing the variance before either the
34;, April 5, 1989 Planning Commission hearing or Council April 11, 1989
35 consideration and no one spoke against the variance at either meeting.
36 b. A precedent for non-conforming signage had been established with the
37 business just east of the Thrift. Store.
3
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1 c. A hardship was perceived for the store owners because the store has .
2 inadequate visibility from the south, east and west without the canopy
3 signs.
4 d. Better demarcation of the store's entrance would be provided by the
5 signs.
6 Motion carried unanimously.
7 Conditional Use Permit Granted to Village Properties for Family Day
8 Care Facility
9 Planning Commission Recommendation
10 Commissioner Franzese reported the Commission had been split four to one
11 on granting the conditional use permit to allow Village Properties to
12 obtain a Class C Ramsey County license for a Family Day Care Facility
13 to serve no more than 14 children for which a garden level apartment
14 (#5) would be reserved at 3808 Macalaster Drive. She indicated
15 Commissioner London would have preferred the stricter licensing
16 requirements of a state license for supervision of fewer children by one
17 care provider as well as better security measures for outside play
18 areas. The Commission representative also indicated the Commissioners
19 had perceived the need to specifically identify the location of the
20 facility location because of concerns that the City Fire and Police
21 Departments might not be aware of the day care location in case of an •
22 emergency.
23 The Commissioner explained to Councilmember Makowske that 14 was the
24 maximum number of children allowed for one facility under the Ramsey
25 County license, which also established different ratios for children of
26 different ages. She added that the County license allowed one care
27 provider per 10 children under those ratios.
28 Commissioner Franzese . reported there had been an informal polling of
29 Commissioners which indicated a 3 to 2 split regarding whether or not
30 to specify the apartment number in the recommendation.. She said she
31 perceived the three Commissioners had been concerned that the City
32 always know exactly where the facility was located in case of
33 emergencies.
34 Proponents Ken Solie and Jerry Cowan of Village Properties indicated
35 they would prefer not having the permit issued to a specific apartment
36 number since for one reason or another they might want to change the
-r 37 location later on. They also pointed out that Ramsey -County required
38 a new license and fire inspection_. for each location to . which_ -..the ._
39 facility might move. _
40 Mr. Childs clarified that the Commission intent, which= had not been
41 reported in the- summary, had been to issue the permit specifically to
4
,,a
r -♦
I Apartment #5, which would require the managers to return for a new
•2 permit for each location to which the facility might be moved.
3 Mayor Sundland suggested a stipulation in the Council's motion that the
4 owners would be required to notify the City of any change in location
5 which could address the Commissioners' concerns without requiring a
6 repetition of the whole permit process each time the location of the
7 facility location is changed.
8 Mr. Hamer reported any such change in location would have to be reported
9 to the Public Works and the Fire Departments.
10 Mr. Solie told Councilmember Makowske daycare services for families of
11 the apartment complex residents would be given the highest priority but
12 a few children from outside might be allowed to participate under
13 special circumstances.
14 Council Action
15 Motion by Marks, seconded by Ranallo to grant a conditional use permit
16 to Village Properties for a Class C Ramsey County licensed Family Day
17 Care Facility at 3808 Macalaster Drive for which no more than 14
18 children would be allowed in accordance with the County licensing
19 requirements. The permit is granted with the stipulation - that the
20 applicants notify the City within a reasonable period of time if and
21 when the facility is moved to another location in that building.
92 In granting the conditional use permit the Council finds, as did the
3 Planning Commission,' that:
24 1. The use meets the specifications of Section 7, Subdivision 3 , Number
25 3 for a conditional use permit and satisfies the required conditions
26 of Minnesota State Statutes and City Ordinances.
27 2. Staff had received no calls opposing the permit before either the
28 April 5, 1989 Commission hearing or the April 11, 1989 Council
29 consideration and no one spoke in opposition at .either of those
30 meetings.
31 .3 . The Council agrees with the Planning Commission that the facility for
32 which the permit is issued would be a real benefit for the residents
33 of the apartment complex.
34 Motion carried unanimously.
35 Conditional Use Permit Granted for the Rental of Video Movies at Chuck's
36 365, 3813 Stinson Boulevard
37 Commissioner Franzese reported the Commission's recommendation regarding
38' the above request 'as presented in the summary, which the Council
39 accepted with no further questioning.
• 5
J �
1 Larry Bailey, 1127 East Geranium was present and after the motion
2 granting the permit passed was told he could start renting the movies •
3 immediately.
4 Council Action
5 Motion by Ranallo, seconded by Enrooth to grant the conditional use
6 permit requested by Gas Unlimited Inc. AKA Chuck's 365, to , allow the
7 rental of video movies for home viewing on VCRs at 3817 Stinson
8 Boulevard under the following conditions established for businesses of
9 this type:
10 1 . There would be no viewing of tapes in the store, except for the bona
11 fide demonstration of tapes and no viewing visible from outside the
12 store.
13 2. The proprietors must comply with all state laws relating to obscenity
14 and to any ordinance ,of the City of St. Anthony thereafter relating
15 to obscenity.
16 3 . Conviction of the owner or any of the employees of the owner for
17 violation of obscenity laws in the operation of the store would be
18 grounds for revocation of this permit by the City Council .
19 In granting this permit, the Council finds, as did the Planning
20 Commission, that:
21 a. All three questions in the application which are required by statute
22 to be answered affirmatively had been done so by the applicant and
23 accepted by both the Planning Commission and the City Council.
24 b. Similar permits have been granted to six other St. Anthony businesses
25 prior to this request.
26 c. No objections to the permit had been expressed to staff prior to
27 either the April 5, 1989 Commission hearing or the April 11, 1989
28 Council consideration and none were forthcoming during either meeting.
29 Motion carried unanimously.
30 $26,403.00 in Community Development Block Grant Funds to be Allocated
31 to Activities Recommended by Planning Commission
32 Commissioner Franzese reported the Planning Commission had discussed the
3.3 City Manager's recommendations related to the allocation of these funds
3A with him. She said one of the questions which had arisen had to do
3;5 with ' the allocation for the senior citizens program. 'and its
3.6 relationship to other Community Service programs.
37 Councilmember Makowske sought Council reaction to using some of the
38 , funds for a stop light in front of Wilshire School . She was reminded
39 that the same issue had generated a lot of discussion during the
6 •
4
1 planning of the County Road D reconstruction project. Hennepin County
102 CDBG funds could not be used for a Ramsey County project and that County
3 had already made the decision not to put up a signal on that street..
4 Mr. Childs pointed out that even if those funds were available, the City
5 might have a hard time proving that the majority of the children or
6 pedestrians who were to be served by the light met the low to moderate
7 income criteria established for CDBG funds.
8 When the Councilmember wondered whether some funds could be used to
9 finish the sidewalks in the Kenzie Terrace area, Mr. Hamer indicated his
10 department had estimated sidewalks would cost about $1,000.00 per 100
11 feet and it would cost about $14 ,000.00 to construct sidewalks between
12 the entrance to the trailer park past the Kenzington up to the vacant
13 lot next to the condominiums. The Public Works Director indicated he
14 planned to put in the position of the sidewalks, for which funds were
15 available this year and to have specifications and plans for the
16 remainder of the project prepared for County approval for completion
17 next year.
18 Councilmember Ranallo commented that the City had already subsidized the
19 Kenzie Terrace Project with tax increment funds and the semaphore in
20 front of the Kenzington with CDBG funds and he perceived it would only
21 be fair this year to resume using CDBG funds to rehabilitate low and
22 moderate single family housing elsewhere in the City.
23 Councilmember Marks reported he had talked to a resident of the senior
24 apartments across Stinson Boulevard who had described the problems many
05 seniors had getting across the boulevard to get to Apache in spite of
6 the four way stop which had been installed mainly for those seniors'
27 benefit at 39th Avenue N.E. The Councilmember said he knew a request
28 for a stop light in the same area was going to be.-submitted to the City
29 within a short time and wondered what funds would be available for the
30 project which would seem to meet the low to moderate income criteria.
31 Mr. Childs indicated he intended to report on traffic signals being
32 studied for that whole stretch of Stinson later in the meeting. He also
33 agreed to check with Community Services to see. if they still had a room
34 reserved for senior citizen use in the Community Center. The Manager
35 reiterated that the $3 ,903.00 allocation for senior citizens programs
36 would be used partially to pay for putting out the Senior Newsletter and
37 to pay the salary of the senior coordinator who oversees the senior
38 programs.
39 Council Action
40 Motion by Ranallo, seconded by Makowske to follow the Planning
41 Commission recommendation to allocate St. Anthony's Year XV Community
42 Development Block Grant funds for the following planning activities:
7
1 Senior Citizens Program $ 3 ,903.00
2 Single Family Housing Rehab- $10 ,000.00 •
3 ilitation (low and moderate
4 income)
5 Ordinance Recodification $12,500.00
6 Motion carried unanimously.
7 COUNCIL REPORTS
8 Dave Childs' Resignation Accepted with Expression of Gratitude for Seven
9 and a Half Years of Service to St. Anthony
10 Mayor Sundland noted that the Council had received a letter of
11 resignation from the City Manager who would be leaving St. Anthony to
12 take the position of New Brighton City Manager at the end of April .
13 Council Action
14 Motion by Sundland, seconded by Ranallo to accept the resignation of
15 David Childs and to thank him for the seven and a half years of faithful
16 service to St. Anthony and to wish him well in his new career
17 advancement.
18 Motion carried unanimously.
19 After expressing a sense of loss at losing Mr. Childs, and yet a hope
20 that a continuation of that friendship would extend to "good
21 relationship between St. Anthony and- -its- neighbor,_ New_-Brighton" , the
22 Mayor made the following motion to fill the City Manager vacancy:
23 Sue VanderHeyden to Serve as Acting City Manager Until Mr. Childs'
24 Successor Takes Over
25. Motion by Sundland, seconded by Marks to appoint Sue VanderHeyden, the
26 current Assistant to the City Manager, as the Acting City Manager until
27 a replacement for Mr. Childs can be found.
28 Motion carried unanimously.
29 The Mayor then reported that the City was advertising for a City Manager
30 and would be taking applications for that position up until June 1,
31' 1989, after which the City Council would be making its decision
3.2 regarding a new Manager.
33 Ranallo Wants Residents to Understand Opportunity for Career Advancement
34 Led to Mr. Childs' Leaving St. Anthony
35 The Councilmember said several residents asked him how the City could
36 let the City Manager leave knowing the high esteem with which he is
8
1 regarded throughout the metropolitan area and state. He said he
•2 perceived the Bulletin story had accurately portrayed Mr. Childs' move
3 as a career advancement.
4 LRT Routes Other Than Just Those Which Are Directed to Either St. Paul
5 or Minneapolis Being Considered by Ramsey County Light Rail Transit
6 Intergovernmental Advisory Committee
7 Councilmember Marks, who serves on the Committee, reported circular
8 crosstown routes to relieve traffic going to other locations had been
9 considered at the meeting of the Committee which he had attended the
10 previous week. He said there was also recognition of how difficult it
11 was becoming to get funding for LRT from state or federal sources but
12 said the Committee continues to perceive this as the right time to take
13 steps to get such funding. A copy of an article in that morning's Star-
14 Tribune reported the Ramsey County Board of Commissioners official
15 endorsement of highest priority routes was sent around for Councilmember
16 perusal. Councilmember Marks said none of the routes that had been
17 discussed had been rejected by the Board which seemed to support the
18 Committee's perception that many trips are made from suburb to suburb
19 without ever going to either major city. He indicated the proposed
20 routes would produce a much more complicated traffic pattern than the
21 trolley system which ran primarily between Minneapolis and St. Paul, but
22 was designed to serve more people on the outer perimeters of those
23 cities.
24 Ramsey County Taking Yard Refuse at Arden Hills Compost Site
105 When Councilmember Makowske reported getting questions about whether the
26 City still handled such materials at the recycling center, Mr. Childs
27 said the center was open for grass and leaves in the fall but lack of
28 space to store or create compost prevented them from processing those
29 materials over the winter or spring. However, he indicated the center
30 does have compost residents can take for their gardens. The City
31 Manager added that the Public Works Department is having a hard time
32 finding a place to put street sweepings and other dirt now that the
33 dumping area they once used on Silver Lane was going to be developed
34 for townhomes. Larry Jones, the Bulletin newswriter, told the
35 Councilmembers this week's edition was going to carry .several articles
36 on areas where residents could take grass and leaves. for composting.
37 Charitable Gambling Proceeds to be Sought for Historical Society
38 Councilmember Makowske reported that she and Society member Florence
39 Marks had researched the Society's by-laws and regulations and concluded
40 the inclusion of the Society into the St. Anthony Chamber of Commerce
41 would be very difficult under the Chamber's charter. The Society was
42 therefore faced with a problem of raising about $500.00 immediately to
43 cover the expenses of filing with the State as well as with the
44 Minnesota and Ramsey County Historical Societies. Councilmember
45. Ranallo speculated that the consortium who operate pull tab games in the
9
r: :r
1 City's liquor operations might be the next avenue for such support.
2 Mayor Sundland indicated that request had already been made. •
3 DEPARTMENTS AND COMMISSIONS
4 Brief discussions preceded orders to file the following:
5 *March Fire Department Report
6 *January Finance Report
7 CITY MANAGER
8 April -5. 1989 Staff Meeting Notes
9 Mr. Childs indicated his desire to "wrap up" all pending matters before
10 he leaves had resulted in longer staff meetings than usual and he
11 invited Council questions about issues on which they might have
12 special concerns.
13 Councilmember Makowske complimented the Public Works Department on the
14 "super job" they are doing on sweeping the City streets. Staff
15 explained the necessity for sweeping down hill which might have
16 resulted in residents in the lower portions of the City thinking
17 their streets weren't ever going to be done. Mr. Hamer indicated his
18 department had 33 miles of street to be swept. He also told
19 Councilmember -Marks that the City's policy was to inspect all the
20 sidewalks both in the spring and fall. The Councilmember indicated •
21 he had drawn Ms. VanderHeyden's attention to the potential for
22 problems posed by having two water shutoff valves sticking up above
23 the sidewalk surfaces. Mr. Hamer assured him that just as soon as
24 his department received the necessary patching materials, those
25 protrusions would be corrected.
26 The Silver Lake Residents" problems with geese will . be aired at a
27 Council Public Hearing set for April 25th. As reported in the
28 Assistant to the City Manager's portion of the Staff Meeting Notes,
29 the hearing had been scheduled in response to requests from lake
30 residents to hire Dr. Cooper, a specialist in the field of geese
31 removal to undertake a 3 year removal program. Mr. Childs recalled
32 that not all lake residents had been convinced such a program was
33 desirable at first, causing the Council to decide not to act on the
34 initial Silver Lake Homeowners Association request until they had
35 better organized that support. He said he perceived that must have
36 - happened because a public hearing had also been requested for Columbia
37 Heights to consider a program under which St. Anthony, Columbia
38 Heights and the Silver Lake Residents Association would each pay
39 $333 .00 a year for the next three years.
P? 40 The Manager said he perceived the Association must have overcome the
41 strong division among lake residents demonstrated last fall because
• 42 the proponents have said they expect little or no opposition to the
43 proposal at either hearing.
10
•1 Fish Kill and Shore Erosion on Silver Lake Also Discussed
2 Frank Bracchi, 2923 Silver Lake Court, indicated he was there that
3 evening to seek City help with problems on his end of the lake with the
4 fish kill over the winter which was now finding its way up on his and
5 his neighbors' shore property. He said they didn't have the problems
6 with the geese on his end which lake residents on the Columbia Heights
7 side were experiencing. However, Mr. Bracchi added that he had been
8 able to discourage the few geese who had attempted to come up on his
9 property by stringing a few feet of fish line along the water's edge,
10 which in his opion, would be a less expensive and complicated resolution
11 of the problem than the geese removal program being advocated by the
12 Silver Lake Residents Association. His contention was that if everybody
13 did the same as he and his neighbor, the geese would become discouraged
14 and would go somewhere else.
15 Mrs. Sorenson reported she lived in Windsor Green and agreed that the
16 majority of her neighbors enjoyed having succeeding generations of
17 geese families returning to nest in that area, although some disliked
18 the mess the geese left behind.
19 Mr. Childs said he understood Dr. Cooper knew just when to transport the
20 geese away from the area so they wouldn't return. "A very interesting.
21 hearing" was expected by Councilmembers who reported mixed reactions to
22 the proposed program from lake residents who had called them.
23 Councilmember Ranallo said that he would be unable to attend the meeting
04 on the 25th.
25 Public Works Department to Undertake "A One Year Only" Program to Aid
26 Lake Residents in Getting Rid of Winter Killed Fish- From Silver Lake
27 Mr. Hamer explained what his crews would be doing this year in response
28 to the lack of oxygen under the ice which had killed more fish than
29 usual this year. Mr. Bracchi reported it was worse on his side of the
30 lake and he estimated that he had between 500 and 600 pounds of mostly
31 dead carp which the prevailing winds had deposited on his. shorefront for
32 which he had no means of disposal . He said, as usual , the DNR had been
33 unwilling to do anything about the problem perceiving that eventually
34 the dead fish on the lake would sink.
35 There was Council concurrence that although that might be accurate, it
36 was still not healthy to have so many rotting fish in the area or to
37 have those nutrients added to the lake itself.
38 Mr. Hamer's suggestion about putting a dumpster and a supply of plastic
39 bags along the shoreline for use of the residents and to rent a boat
•40 from which the dead fish could be netted by his. department as they
41 surfaced was accepted by the Council.
42 Councilmember Marks commented that he perceived the fact that residents
. 43 along that shoreline owned property out into the lake might have
• 11
1 deterred the DNR from undertaking a shoreline cleanup project on private
2 property.
3 Councilmember Enrooth agreed that the problem might be severe enough to
4 warrant the. City helping the lake residents out this year, but wanted
5 it clearly understood the City was not undertaking a permanent program
6 for cleaning out the lake.
7 Mr. Bracchi reported he had also come to the meeting that evening to
8 discuss a general environmental' erosion of shoreline along Silver Lake
9 Road which he perceived was getting worse every year. There was general
10 agreement that it would be counterproductive to do anything now which
11 might have to be undone when the road .is widened. Staff was requested
12 to bring the erosion problem to the attention of Ramsey County Highway
13 Department for consideration before the final plans are drawn up for the
14 project.
15 Traffic Signal on 37th and Stinson Update
16 The above had been provided in Mr. Hamer's April 11th memorandum, copies
17 of which had been distributed at the meeting.
18 Mr. Childs reported on the meetings he and the Public Works Director had
19 participated in with Columbia Heights, the City of Minneapolis, and
20 Hennepin County to consider whether or not to install a semaphore at
21 that intersection and to study related signage for the intersecting
22 streets north on Stinson. •
23 The City Manager indicated that apparently the City of Minneapolis does
24 its own contracting of such projects and was now offering to perform the
25 same services on this semaphore which Hennepin County studies had
26 indicated warranted MSA allocation. He gave the percentages under which
27 each governmental body would be paying for the project if the lights are
28 installed at 37th and Stinson, reporting that St. Anthony would be
29 responsible for paying for 3/8ths of the intersection. The Manager
30 reported that the County estimated the semaphore would cost around
31 $70,000. 00, but no more than $80,000.00 and said what the Public Works
32 Director was looking for that evening was the Council's reaction to
33 having Minneapolis do the contracting, installation, etc. for the
34 project for which St. Anthony would have to pay 3/8ths of the costs.
35 Mr. Hamer assured the Council that Minneapolis would have to be the
36 lowest bid for the project and that a feasibility cost estimate to
37 support or dispute the contractor's estimate that the semaphore would
38 cost no more than $80,000.00 would have to be submitted at the same time
-' 39 as the proposed joint powers agreement so the Council would know exactly
=:40 what the City's costs would be before entering into any agreement to
..tr41 participate in the project. He added that MSA standards would have to
-r42 be net for the City's share of the costs. 1" - _
43 Mr. Childs indicated a good share of the City's current MSA allocation
44 would probably be used up for the repair of MSA concrete streets this •
12
1 year, but St. Anthony would be getting an additional $100,000.00 before
2 this project could be done in 1990. He added that the relationship of
03 39th Avenue to this project made it imperative that that portion of
4 Stinson also be studied at this time with the thought if an additional
5 signal is found to be needed, some cost savings might be realized if the
6 same contractor does both jobs. He added that it would be up to
7 Columbia Heights to decide, though, the City might be able to use Ramsey
8 County CDBG funds for its share of those costs if a signal at that
9 intersection is authorized.
10 Councilmember Enrooth commented that he was concerned that we might end
it up with several stop lights within three blocks if all the conflicting
12 intersections are handled. The City Manager stated that without a
13 study, a semaphore at 37th might make conditions at 39th even worse than
14 some of the seniors perceive they are now and might only exacerbate the
15 problems with getting out on 38th and through the railroad crossing
16 between 37th and 38th. Mr Childs reiterated that in spite of the
17 Hennepin County study which had indicated the traffic at 37th and
18 Stinson warranted a semaphore, he perceived a need to prove that signal
19 would not negatively impact on the streets which intersected Sti-nson all
20 the way up to Silver Lane.
21 Mr. Hamer said he had a feeling that Minneapolis would not be legally
22 able to contract for a project outside its own city limits and he
23 anticipated the whole project would have to be bid out anyway. The
24 Public Works Director then outlined the process which had to be followed
25 and pointed out that any feasibility study of 39th would be done by
06 Columbia Heights.
27 Councilmembers indicated they had no problem with following the process
28 Mr. Hamer had outlined which called for joint powers approval by all
29 governing bodies involved before the project would proceed.
30 Council to Look at Minneapolis Plastic ordinance
31 The City Manager reported he had requested a copy of the ordinance
32 Minneapolis had just passed, which some suburbs were now looking at as
33 well.
34 Executive Session Following H.R.A. Meeting Approved
35 Mr. Childs requested the above to discuss several legal matters for
36 which he needed Council direction to work on before he left the City's
37 service. The session was scheduled to be held after the H.R.A. meeting
38 that evening.
39 NEW BUSINESS
" 40 Contracts Awarded for Road Materials
• 13
1 Motion by Marks, seconded by Ranallo to accept the bids for concrete,
2 aggregate, road oil and blacktop in accordance with the recommendations
3 in Mr. Hamer's March 29, 1989 memorandum.
4 Motion carried unanimously.
5 Zahl Equipment Low Bid of $14,327 Accepted for Measuring Device and
6 Probes to Monitor Leaks in Gas or Fuel Oil Tanks
7 Motion by Enrooth, seconded by Ranallo to award the contract for the
8 above to the lowest bidder, Zahl Equipment Company, as recommended by
9 the Public Works Director.
10 Motion carried unanimously.
11 Remainder of Cyclone Slide Equipment to be Furnished by Miracle
12 Recreation Equipment for $2,170
13 Mr. Hamer's April 5th memorandum recommending the price quote from the
14 above firm be accepted to complete phase 2 of the project was the basis
15 for the following motion of approval:
16 Motion by Makowske, seconded by Marks to accept the bid of $2 ,170.009
17 from Miracle Recreation Equipment to complete the slide project in the
18 phased playground equipment replacement program for Central Park.
19 Motion carried unanimously. •
20 ADJOURNMEMT
21 Motion by Marks, seconded by Enrooth to adjourn the Council meeting at
22 9:07 P.M. for the meeting of the St. Anthony Housing and Redevelopment
23 Authority which followed immediately.
24 Motion carried unanimously.
25 Respectfully submitted,
26 Helen Crowe, Secretary
27
28 Mayor
29 ATTEST:
30 .City Clerk
31 :cjk •
14
A
4
C=TY OF S T . ANTHONY
HOU S 2 N G AND REDEVELOPMENT
AUTHOR=TY M 2 NUTS S
APR 2 L 1 1 , 1 9 8 9
1 The meeting was opened by Chair Sundland at 9:0.9 P.M.
2 ROLL CALL
3 Present: Sundland, Vice Chair Enrooth, Secretary/Treasurer Marks,
4 and Commissioners Ranallo and Makowske.
5 Also present: David Childs, Executive Director
6 Larry Hamer, Public Works Director
7 MARCH 28. 1989 H.R.A. MINUTES
8 Motion by Marks, seconded by Makowske to approve as presented.
9 Motion carried unanimously.
10 CLAIMS
01 Motion by Ranallo, seconded by Makowske to approve payment of $559.19
12 to the Dorsey & Whitney law firm for legal services to the H.R.A. during
13 February, 1989.
14 Motion carried unanimously.
15 Mr. Childs reminded the H.R.A. members that even before Arkell was
16 involved it had been decided to let whatever developer constructed that
17 portion of the Kenzie Terrace Redevelopment Project do the demolition
18 of the site and to limit the maximum payment for the demolition to
19 $90,000.00 for which LaNel was now billing the City after completing
20 demolition for the Autumnwood Apartments.
21 Motion by Marks, seconded by Enrooth to approve payment of $90,000.00
22 to the LaNel Financial Group.
23 Voting on the motion
24 Aye: Marks, Enrooth, Sundland, Ranallo.
25 Abstention: Makowske.
26 Motion carried.
1
1
1 Motion by Marks, seconded by Ranallo to approve payment of $14,186.85
2 to Twin Cities Harley Davidson as the final relocation claim for moving •
3 and related expenses in conjunction with the relocation of that
4 displaced business to Blaine, MN from the Autumnwood Apartments site.
5 Notion carried unanimously.
6 Motion by Marks, seconded by Enrooth to approve payment of $4,757.50 to
7 Federal-State Relocation .Consulting Services for final services related
8 to the relocation of Twin Cities Harley Davidson from the site on which
9 the Autumnwood Apartments are now to be erected.
10 Notion carried unanimously.
11 Evergreen Townhome Project Update
12 Mr. Childs indicated he had a "more encouraging report than had been
13 given at the previous H.R.A. meeting. He said he had been continuing
14 negotiations with the Soo Line Railroad Engineering Department which he
15 then discontinued when Vern Hoium, President of Evergreen Development,
16 phoned him to indicate the developers had refigured the configuration
17 of the proposed townhome project and perceived the townhomes on the east
18 side of the pond could be put up on slabs instead of basements and the
19 fill could be dumped in that location instead of on the railroad's
20 property.
21 The Executive Director had also indicated that allowing slabs -would give
22 those prospective buyers who didn't want basements the options they
23 were seeking and at the same time drop the proposed road through the •
24 site which was actually -higher than Silver Lane down four feet to a
25 height of only a few feet lower than Silver Lane. Mr. Childs reported
26 the Evergreen President had perceived these changes would cost a lot
27 less than what the railroad was asking to allow the developers to dump
28 fill on their right-of-way. He said it would take the developers a few
29 days to draw up the new plans which should be ready for the next H.R.A.
30 meeting.
31 H.R.A. Cools Towards Request to Lower Assessed Valuation for the LaNel
32 Project
33 Mr. Childs relayed the developer's request to put a cap on taxes for
34 the Autumnwood Apartments to keep the rents for those units a little
35 more reasonable than would be necessary to pay taxes which are now
3'6 estimated to run between $1,850.00 and $2,000.00 as compared to
37 $1,200.00 to $1,400.00 originally projected. There was general
38 concurrence that the City should not grant this request, which was
39 feared could result in every other property owner in St. Anthony
40 requesting a similar cap on the property tax raises they were also
41 experiencing.
42 The Executive Director indicated he had also not been too excited about
43 giving a further subsidy to this developer when the City was holding
44 developers on other redevelopment projects to a minimum tax without any
2 •
1 concessions related to a maximum tax. He said he might have reacted
�2 differently if the request had been part of the original Redevelopment
3 Agreement with LaNel .
4 Councilmember Makowske questioned whether the City, by restraining the
5 amount of taxes which would be paid on the project so far into the
6 future, might not be acting just as illegally as whoever cut the deal
7 with Minneapolis related to the St. Anthony Boulevard years ago.
8 Councilmember Enrooth indicated he perceived the raise in taxes had not
9 been caused by the City and that it was up to the developers to protest
10 the tax raise with the legislature whose responsibility it really was.
11 ADJOURNMENT
12 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony Housing
13 and Redevelopment Authority meeting at 9:45 P.M. for the Council
14 Executive Session.
15 Motion carried unanimously.
16 Respectfully submitted,
17 Helen Crowe, Secretary
18 ****************** ****st**************
OPAn informal discussion with Mrs. Sorenson related to the Walker on
O Kenzie senior residence followed the adjournment of the H.R.A. The
21 project housing manager relayed her appreciation of the quick response
22 always given by the City Fire and Police Department to calls caused by
23 a resident accidentally activating her call button a couple of times.
24 She also reported there was a two and a half to three year wait for
25 those subsidized apartments and agreed that if the City could get H.U.D.
26 financing for another 50 unit building, there would be no problem with
27 immediately filling it up. The Housing Manager indicated she did want
28 to warn the H.R.A. about possible damage to the adjacent residences from
29 the demolition process being on the site next to Walker Apartments. She
30 said her building had developed some cracks in the walls which had
31 resulted from the digging. Mrs. Sorenson was thanked for bringing
32 this to the City's attention and for the other information she had given
33 on the senior project.
34 :cjk
3
CITY OF ST. ANTHONY
CITY COUNCIL
• MINUTES
April 25, 1989
5 The meeting was called to order at 7:30 P.M. with the Pledge of
6 Allegiance led by Mayor Sundland. The meeting had been preceded by the
7 Board of Review Continuation Meeting at 6:30 P.M. followed by a Council
8 Executive Session.
9 ROLL CALL
10 Present: Marks, Sundland, Enrooth, Makowske.
11 Absent: Ranallo.
12 Also present: David Childs, City Manager
13 Sue VanderHeyden, Assistant to the City Manager
14 APRIL 11, 1989 COUNCIL MINUTES
15 Motion by Marks, seconded by Enrooth to approve with the following
16 change:
407 Page 1, line 17*: Capitalize "April" .
8 Motion carried unanimously.
19 APRIL 11, 1989 COUNCIL MINUTES
20 Motion by Marks, seconded by Enrooth to approve as submitted.
21 Lotion carried unanimously.
22 The April 11th Board of Review Minutes were laid over for clarification
23 of Mr. Child's statement on Page 4.
24 LICENSES/PERMITS/PETITIONS `
25 Motion by Marks, seconded by Makowske to grant the following licenses
26 as listed in the April 25, 1989 Council agenda packet:
27 Cigarette
28 Dave's St. Anthony Mobil (renewal)
29 Contractors
30 Midway Sign Co. , Inc. , St. Paul, MN
31 Barkley -Construction, Minneapolis, MN
Asphalt Specialties Co. , Lakeland, MN
I
i
1 Heating
i
2 Custom Mechanical, Inc. , Fridley, MN •
3 Motion carried unanimously.
4 Motion by Sundland, seconded by Enrooth to grant an on-sale 3.2 beer
5 permit to Emerald Garden Restaurant in Apache Plaza for which the
6 necessary papers for a wine permit have 'not yet been submitted by the
7 applicant.
8 Voting on the motion:
9 Aye: Sundland, Enrooth, Makowske.
10 Nay: Marks.
11 Motion carried.
12 CLAIMS
13 Mr. Childs clarified several items in the verified claims before the
14 following:
15 Motion by Enrooth, seconded by Makowske to approve payment of all City
16 accounts payable listed for March 31 and April 14, in the April 25, 1989
17 agenda packet as well as all liquor accounts payable listed for March
18 31 and April 12 in the same agenda packet.
19 Motion carried unanimously. •
20 Motion by Marks, seconded by Enrooth to approve payment of the final
21 contract payment of $13,751.74 to Ashbach Construction for grading and
22 paving contracting on the St. Anthony Boulevard reconstruction project.
23 Motion carried unanimously.
24 Motion by Makowske, .seconded by Marks to approve payment of $.12,754..00
25 to Polar Chevrolet for the 1989 Chevrolet Caprice squad car for the
26 Police Department.
27 Motion carried unanimously.
28 Motion by Marks, seconded by Enrooth to approve payment of $2,400.00
.29 to the Hance & LeVahn law firm.for legal services rendered for the month
30 of April, 1989 relative to St. Anthony prosecutions.
31 Motion carried unanimously.
32 Motion by Makowske, seconded by Enrooth to approve payment of $19,627.86
33 to the Metropolitan Waste Control Commission for May sewer services.
34 Motion carried unanimously.
2 •
r v
1 Motion by Sundland, seconded by Makowske to approve payment of $1,988.40
•2 to the Government Training Service as the consultant's fee plus travel
3 expenses related to the January 20-21 Planning and Goal Setting Retreat.
4 Notion carried unanimously.
5 Motion by Marks, seconded by Makowske to approve payment of $4,542.35
6 to Hennepin County as the amount the City engineers calculated remained
7 for the County Road D Reconstruction Project.
8 Notion carried unanimously.
9 REPORTS
10 APRIL 5, 1989 PLANNING COMMISSION MINUTES PERTAINING TO HARDEES SIGN
11 VARIANCE REQUEST - COMMISSIONER TED BROWNELL
12 Variance Granted for Second Hardees Sigma
13 Planning Commission Recommendation
14 Commissioner Brownell reported the applicant had requested a Council
15 decision on his variance be delayed until the April 25th meeting. The
16 Commission representative used the portions of the April 5th minutes
17 pertaining to this issue as well as design drawings of the proposed sign
18 as reference points in his report. He also indicated:
�9 -The variance request was for a 37.1 square foot sign to be erected
20 on the south facing mansard roof in addition to the 76 square foot
21 freestanding sign which, in 1985, the restaurant owner had been
22 permitted by the City to take down from the roof and install instead
23 on the southeast corner of his property close to Silver Lake Road.
24 -The restaurant would have a total of 107.1 square feet of signage
25 with the second sign where the City ordinance allows 150 square feet
26 of signage, but only one sign per establishment.
27 -The Commission had recommended with a 3 to 2 vote that the variance
28 for the second sign be granted for the reasons reported in the
29 Commission minutes which the Commissioner summarized.
30 Councilmember Marks commented that "state law says 'hardship' has to
31 result from what's written in the ordinance or is the nature of the
32 ordinance and/or the nature of the lot itself which makes it different
33 from other lots when it comes to shape, unusual topography, etc. and not
34 whether it's difficult to get business without the signage. " He asked
35 Commissioner Brownell whether the Commission had taken that into account
36 with their recommendation.
37 The Commissioner's response was that he perceived the majority of the
38 Commissioners were of the opinion that "the site did have unique
• 3
4 1
1 difficulties which represented a hardship because the main access
2 available into the site itself is on a service road to Apache from which •
3 the visibility of both the freestanding sign in front of the restaurant
4 and the restaurant itself are obstructed by the gas station and vehicles
5 parked around it. He reiterated that a northbound driver on Silver Lake
6 Road might find it difficult to identify the restaurant in time to turn
7 onto the service road because of these obstructions. The Commission
8 representative confirmed that the Commission had been convinced that
9 there was something about the nature of the lot itself which caused the
10 hardship and not just the economic difficulties of the owner.
11 Councilmember Bnrooth observed the objectiveness of the report in spite
12 of Commissioner Brownell's own perspective as indicated in his vote on
13 the Commission's motion.
14 Proponents - Charlene D. and Ken R. Johnson, Hardees owners
15 Mr. Johnson reiterated that as soon as the weather permitted the
16 freestanding sign in front of his restaurant would be enclosed down to
17 the ground level. He 'answered Council questions as follows:
18 -the roof sign would be internally lit on only the south side facing
19 Silver Lake Road;
20 -thinks the sign he had moved off the roof looked "super" where it was
21 now but "the banners the Mobil station is able to have hide the
22 Hardees sign from northbound traffic and make a sign on the roof
23 necessary to identify the restaurant in time to turn into the service
24 road on the other side of the gas station. ";
25 -pointed out that there was no break in the Silver Lake median which
26 would allow prospective customers to turn around once they've made
27 that identification.
28 Councilmember Makowske indicated that, because of the residential area
29 across the street, she would like to have the sign turned off at 11:00
30 P.M. which is the latest time the restaurant owner had said his business
31 would be open.
32 Council Action
33 Motion by Marks, seconded by Makowske to accept the recommendations of
34 the .Planning Commission and grant a variance from the Sign Ordinance of
35 the City. Code to allow the proposed 37.1 foot wall sign on the westerly
36 portion of the south facing mansard roof of the Hardees Restaurant,
37 4004, Silver Lake Road, subject to the sign lighting being turned off
38 at 11:00 P.M.
39 In granting the variance (for a second sign at this location) , the
40 Council finds, as did the Planning Commission) , that:
4 •
1 1. The sign meets all conditions required by the statute to be satisfied
2 before a sign variance can be authorized because:
W3 a. it won't be detrimental to the public welfare or injurious to
4 other property in the same area;
5 b. the sign would help overcome the hardship of not being able to
6 identify the turn into the restaurant; and
7 C. the restaurant's setback from Silver Lake Road, where its
8 visibility is obstructed by signage and vehicles parked in front
9 of a gas station, make it somewhat unique in terms of visibility.
10 2. The City Council recently granted the Burger Ring Restaurant, which
11 is proposed to be constructed in close proximity to Hardees, a
12 variance to the sign code which permitted multi-signage for that
13 building.
14 3 . No opposition to the variance was expressed to staff either before or
15 after the April 5th Commission hearing and no one appeared in
16 opposition during the Council's April 25th consideration.
17 Motion carried unanimously.
18 Restaurant Owner Perceives Loss for Business Community with Departure
19 of Mr. Childs
10 Before he left the meeting, Mr. Johnson told the Councilmembers he hated
1 to see Mr. Childs leave St. Anthony because he perceived the City
22. Manager had always been most helpful to him and other businessmen in the
23 City.
24 COUNCIL REPORTS
25 Councilmember Marks Reports Attendance the Previous Week at Lavern
26 Government Training Session and Youth Service Bureau Executive Board
27 Meeting
28 The Councilmember reported that he thought the Council might be as
29 interested as he had been to learn during the YSB Board meeting that
30 almost 90% of the inmates incarcerated at the men's prison at Stillwater
31 and a women's reformatory one of the Board members had visited, had been,
32 either physically or sexually abused themselves when they were children.
33 Councilmember Marks said he had concluded from what he had heard at that
34 meeting that whatever organizations like the YSB can do to protect kids
35 from that type of abuse could have an "incredible payoff in the future
36 even if you only considered that in terms of money and not lives which
37 are lost. " •
38. Councilmember Enrooth Warns of I1=nding Controversy About Who's Going
39 to Monitor Groundwater Contamination
• 5
1 The Councilmember had co-signed a letter to the municipalities served
2 by the Groundwater Study Committee, of which he is a member, warning
3 of the need for monitoring groundwater to prevent contaminant seepage.
4 He said he anticipated there might be the same problems over whether
5 the state or the county should be responsible as there had been with the
6 watershed district issues. Mr. Childs indicated the letter was being
7 circulated.
8 Childs Reports April 19th Ramsey County League of Local Governments
9 Meeting
10 Councilmember Makowske reported she had been unable to attend the above
it because of her father's hospitalization for a few days last week. She
12 indicated she was glad the City Manager had been able to make the
13 meeting and wondered whether any action had been taken related to
14 banning plastics.
15 Mr. Childs reported the meeting had merely touched on the plastics
16 issue, promising to generate copies of the Minneapolis ordinance which
17 the City Manager reported he had been able to .get for inclusion in the
18 agenda packet and discussion later in the meeting. He said the main
19 focus of the RCLLG-meeting had been the joint sharing of the Turtle Lake
20 Elementary gymnasium by the City of Shoreview and the Mounds View School
21 District as an example of joint projects between cities and school
22 districts.
23 Councilmember Makowske Indicates Historical Society Undertaking
24 Membership Drive and baking Arrangements for Booth at VillageFest
25 The Councilmember reported her committee was developing a membership
26 form to accomplish the above and she had met briefly with the
27 VillageFest Committee regarding the booth. She indicated the Historical
28 Committee would like to have the membership form she was circulating
29 that evening published in the next Newsletter so people can turn them
30 in during the community celebration in June. Councilmember Makowske
31 also reported she and Florence Marks would have the by-laws and
32 incorporation documents ready for review by the Committee at their next
33 meeting.
34 APRIL 11, 1989 BOARD OF REVIEW MINUTES
35 Action on the above had been deferred for clarification of the City
36 Manager's comments on Page 4 which he recommended be deleted as
37 "unimportant to any particular property valuation change. "
38 Motion by Marks, seconded by Enrooth to approve the April 11th Board
39 of Review Minutes with deletion of all of Mr. Childs' comments in lines
40 24-28.
41 Motion carried unanimously.
6 •
1 PUBLIC HEARINGS
•2 Council Agrees to Assist in Funding Three Year Silver Lake Geese Removal
3 Project
4 At 8:00 P.M. Mayor Sundland opened the hearing on the above by reading
5 aloud the Notice of Hearing which had been published in the April 2nd
6 Bulletin. The Mayor reported learning from Mayor Hadtrath of Columbia
7 Heights that his City Council had already passed a motion authorizing
8 payment of their share of the costs of having the geese removed under -
9 the supervision of Dr. James Cooper of the University of Minnesota as
10 requested by the Silver Lake Residents Association. Mayor Sundland
it reported that although he and the other Councilmembers were certainly
12 conscious of the problem, he .personally had heard from no lake residents
13 one way or the other since the Notice was published.
14 Proponents
15 Jerry and Diane Faust;; 4033 Silver Lake Terrace, were present to speak
16 in favor of the program. Mr. Faust indicated that although he did not-
17 belong to the Residents Association and could not speak for its members,
18 he stated that "as one of those most affected by the geese because I
19 live on the point where they squawked the most, " he was certainly for
20 their removal. He said he was also assuming all property owners who had
21 the same problem would be in favor of their removal.
22 Councilmember Enrooth indicated that he had concluded from what he had
�3 seen so far that although there would probably never be a 100% consensus
4 of all lake residents, the problems .with the geese had escalated •to the
25 point where the highest level of agreement had been reached around the
26' lake in spite of diverse interests connected to the geese. The
27 Councilmember warned that even with a three year program, all the geese
28 would never be removed, but at least additional growth in their numbers
29 would be limited. Because of the inborn instincts of the geese to
30 return each year to the island where they first nested, the proposed
31 removal program was the most logical way of preventing the problem from
32 growing.
33 Ron Severson, 2912 Silver Lake Court, as President of the Silver Lake
34 Residents Association, indicated he lived on a cul de sac which was not
35 on the lake and not directly impacted by the geese except when they flew
36 over. However, he reported, at the last Association meeting last June,
37 the largest attendance he had ever seen had been present because of the
38 geese and the removal program idea.
39 The Association President then introduced Dr. Cooper, who he said could
40 personally report on his meeting with the Columbia Heights City Council
41 and could answer this City Council's questions about how effective
42 similar geese removal programs had been in .other areas.
43 Dr. Cooper reported that:
7
I
1 -Because geese instinctive) return to the area where the first nest
g Y Y
2 the young geese on the island would be relocated to Minnesota areas •
3 where there are currently not enough geese.
4 -The DNR would transport the mature geese to areas in Kentucky,
5 Tennessee', and Arkansas where they would be welcomed and hopefully
6 exchanged for turkeys to be relocated in southern Minnesota.
7 -The primary feathers in the wings of the adult geese would be clipped
8 in a manner no more painful than clipping human fingernails which
9 would prevent them from following their inborn homing instincts to
10 return to the area where they originally nested. Once they have
11 nested in a new location, that instinct would be transferred to that
12 new location.
13 The University of Minnesota's -Department of Fisheries and Wildlife
14 Professor pointed to the phenomenal 200% growth rate for geese which had
15 produced anywhere from 200 to 300 geese on the island where the last
16 computer data his department had was for seven pairs in 1983. Dr.
17 Cooper reported the four year program his department had undertaken on
18 Long Lake in New Brighton had reduced the goose population from 170 to
19 35 this year, with only 15 expected this spring.
20 Dean Prekker, 2401 Silver Lane, indicated his wife, who was with him,
21 was Association Secretary and the minutes of the last meeting which she
22 had with her that evening indicated that the members of the Silver Lake
23 Residents Association although not unanimous in their agreement, the
24 majority by far favored the geese removal program and an additional •
25 Association assessment of $20.00 per year per member was instituted to
26 support it. He reiterated that there had been the largest attendance
27 by far than at any other Association meeting was to vote for the
28 program. The lake resident 'drew the Council's attention to the" fact
29 that when the same proposal had been made at the Columbia Heights
30 Council meeting, there had also been no one speaking in opposition to
31 the proposal. He attributed that to the experience both Columbia
32 Heights and St. Anthony residents who use the swimming beach on the
33 Columbia Heights side have had with the geese droppings.
34 Mayor Sundland commented that Mayor Hadtrath had told him the Columbia
35 Heights Council had certainly been positive about the program and the
36 St. Anthony Mayor said he sensed none of the St. Anthony Councilmembers
37 were opposed to it. He therefore closed the hearing at 8:20 P.M.
38 Council Action
39 Motion by Makowske, seconded by Enrooth to authorize the funding of the
40 proposed three year geese removal program for Silver Lake for an amount
41 not to exceed $1,000.00.
42 Motion carried unanimously.
43 CONTINUATION OF REPORTS
8
1 DEPARTMENTS AND COMMITTEES
�2 Brief discussions preceded the orders to file the following:
3 -April 11th report from Hance & LeVahn reporting cases the City
4 Prosecutors had handled in Hennepin County District Court up to and
5 including April 5, 1989;
6 -March Liquor Operation Sales Summary;
7 -January and February Police Department Reports including the February
8 Police Reserves Report.
9 CITY MANAGER
10 April 18, 1989 Staff Meeting Notes
11 Mr. Childs told Councilmember Marks he believed the sidewalk along the
12 west side of Silver Lake Road up to Highway 694 was a part of Ramsey
13 County's .preliminary plans for upgrading that same portion of Silver
14 Lake Road and would be paid for from County MSA funds. The City
15 Manager said he anticipated the project would be a couple of years
16 * down the road, although funding was more available for this project
17 than it had been for County Road D.
18 Councilmember Makowske observed that the Public Works Department had
0 9 managed to dispose of most of the dead fish along the Silver Lake
0 shoreline. Mr. Childs told her it had taken several workers and a
21 portion of a six yard dumpster to get the job done in about a day.
22 Councilmember Enrooth said he understood most of the winter killed
23 fish were carp with only a few panfish to dispose of.
24 Mr. Childs indicated he wasn't certain whether 29th Avenue had been
25 swept by the Public Works crews, but in any event, the Public Works
26 Department would probably have to, as in years past, do a second
27 sweeping to remove the refuse from boulevards which residents push out
28 ' into the streets.
29 Staff Directed to Adapt Minneapolis Food Packaging Ordinance for St.
30 Anthony
31 Ms. VanderHeyden's April 20th memorandum discussed the copy of the
32 ordinance .,which she had included in the agenda packet and Mr. Childs
33 reported the various reactions he anticipated from other municipalities,
34 the counties and the state, some of which might pre-empt local
35 regulations.
36 Councilmember Marks indicated he had been the one who requested staff
37 get a copy of the ordinance and said he believed it should be modified
38 and passed by the Council. Councilmember Makowske. seconded his motion
39 to that effect, saying she perceived- the City should do everything it
9
1 could to remove nondegradable nonreturnable and nonrecyclable packaging
2 from the waste stream. The maker of the motion indicated one of the •
3 other reasons he favored the removal of plastics was because most of
4 them were produced from petro chemicals which were also environmentally
5 damaging. The Councilmember said he believed that as long as plastics
6 can't be reused, he could see no reason to continue their use.
7 Mayor Sundland said he agreed with both of them, but thought the issue
8 of environmental preservation from environmentally acceptable packaging
9 should really be handled by the state legislature to avoid a "hodge
10 podge" of ordinances which might, in the long run, result in the issue
it not getting the acceptance'it deserved. Councilmember Makowske said she
12 agreed that this concept should be statewide but thought the fact that
13 cities were passing these ordinances would give a "clear message" and
14 impetus to the state legislature to act quicker. Councilmember Marks
15 indicated he didn't think what St. Anthony did was going to make a big
16 difference in the overall scheme of things, but he perceived the real
17 value lay in a lot of municipalities passing ordinances like this.
18 Councilmember Enrooth-.agreed that it was important to have support of
19 the larger cities' actions around the first and second ring suburbs
20 because a voice which has some consensus to it might convince the
21 manufacturers to voluntarily change back to more environmentally
22 acceptable packaging like glass, etc.
23 Mr. Childs said both Minneapolis and St. Paul wanted the state to take
24 over the legislation and had in fact requested they do so. Those
25 cities had also perceived the need for federal help as well. However,
26 he pointed out that Minneapolis had licensed food establishments prior
27 to passing their ordinance which gave them the mechanism for regulation
28 which St. Anthony currently doesn't have. Since revocation of such
29 licenses is the penalty for non-compliance, the City lacks the tool for
30 enforcement which is an issue on which staff would need further
31 guidance. The City Manager also pointed out that Minneapolis has a
32 Health Commissioner who is charged with enforcing the process, and had
33 also set up a process for establishing rules and regulations, as well
34 as an Advisory Committee on Environmental Acceptable Packaging to
35 oversee the process. He suggested - it might be beneficial for St.
36 Anthony to meet with Minneapolis officials to see whether in light of
37 St. Anthony's small size and proximity, requests for commercially
38 acceptable packaging can be referred to the Minneapolis agencies which
39 are already in existence. The Manager also sought Council suggestions
40 about how enforcement could be handled. It was agreed that the food and
41 beverage industry would be lobbying strongly against having to spend
42 millions of dollars to retool their plants. However, Mr. Childs said,
43 he perceived those industries always had the options of making their
44 packaging recyclable or creating markets for the kinds of plastics they
45 are now using.
46 The option of having a deposit charged on containers to make them
47 returnable was also explored.
10
1 The issues of enforcement and determination of what's commercially
�2 acceptable were left for further staff research.
3 Council Action
4 Motion by Marks, seconded by Makowske to direct staff to study the
5 Minneapolis Food Packaging Ordinance further and make the appropriate
6 changes necessary for a St. Anthony ordinance.
7 Notion carried unanimously.
8 Council Authorizes a S2,000.00 Loan for a St Anthony Parade Float
9 A copy of the agreement with Parade Productions Incorporated to
10 construct and decorate the above 26 foot long, 10 foot wide, 12 foot
11 high float for $4,500.00, which had been executed by the President of
12 the St. Anthony Chamber of Commerce, had been included in -the agenda
13 packet as well as the drawing of the proposed float. Mr. Childs
14 reported that the VillageFest Committee through the Chamber of Commerce,
15 had requested that the City authorize the initial $2,000.00 loan to get
16 the process started. Ms. VanderHeyden reported the Committee had
17 received a contribution of $2,500.00 from the Tri-City American Legion;
18 $500.00 from TCF; $200.00 from Berger Transfer; and she thought $500.00
19 from the St. Anthony National Bank as well as a number of $25.00 and
20 $10.00 donations from other sources to help fund the project.
21 Committee members are continuing the phone solicitations of other
22 businesses and residents are also being contacted, the Assistant to the
13 City Manager said. She also reported the VillageFest Committee had
4 decided the previous evening to get a beverage company to send out a
25 refrigerated van which could serve as the Committee headquarters from
26 which Committee members could sell ice cream, pop, and popcorn with
27 profits used to support the float project. The Fest button only needed
28 a logo, Ms. VanderHeyden added. At the suggestion of several
29 Councilmembers, she agreed to contact Don Makovske personally to see if
30 he would be willing to direct his talents to that project. The
31 Assistant to the City Manager concluded her report by indicating she
32 perceived a lot of progress had been made to assure the success of the
33 VillageFest with many activities, including a 5K run to draw larger
34 crowds.
35 Council Action
36 Motion by Makowske, seconded by Marks to authorize a loan of $2,000.00
37 to cover the start-up costs for the St. Anthony Parade Float.
38 Notion carried unanimously.
39 AM Proper y Tax Brochure Welcomed as Tool for MWlaining City's Share
40 of St. Anthony Tax Bills
41 Staff had included in the agenda packet copies of the brochure with
42 which the Association of Metropolitan Municipalities had attempted to
11
e.
1 make property taxes more understandable and to draw comparisons between
2 the inconsistencies between property taxes paid in the metro area and •
3 those paid by outstate communities. Several municipal newsletters
4 underscoring the points made in the brochure had also been attached for
5 the Council's information.
6 Councilmember Makowske indicated she thought the explanation Ms.
7 VanderHeyden had given in the latest Newsletter had been excellent and
8 should help residents distinguish just what percentage of their tax
9 bills were attributable to the _City. The Councilmember said she was
10 convinced after conversations with a good many residents that many of
11 them had failed to make that distinction and still blamed the City for
12 the cost of services provided by the school and other governmental
13 entities which are paid from City property taxes.
14 Favorable Workmen's Compensation Claims Earn City $46,477 Insurance
15 Refund
16 Mr. Childs held up the; check 'from the League of Cities Insurance Trust
17 Fund which the City had earned from a favorable loss experience during
18 1987-1988. He added that several claims this year might result in a
19 smaller check next year, but said he didn't expect a large rise in the
20 . City's experience modification rate because it would be calculated on
21 multiple year losses and "if the City could make 1989/90 like 1987/88;
22 it .would be doing very well. "
23 Staff Recommends Piper Management, Inc. to Manage Proceeds of City's
24 Settlement With Army
25 Mr. Childs reported he and Ms. VanderHeyden had recently met with
26 representatives of the above firm who are custodians for the 4M Fund
27 through the League of Minnesota Cities who had submitted the proposal
28 to manage the City's settlement funds he was distributing to
29 Councilmembers that evening. The City Manager said the management firm
30 also had a program which could set up time schedules .for operating the
31 permanent carbon filtration facilities. He also indicated both Ms.
32 VanderHeyden and he had perceived that because of the management
33 company's relationship with the League and the level of trust the staff
34 had been able to build through working with the same people on the 4M
35 Fund, Piper Management might be a good possibility for managing the
36 settlement funds.
37 Manager Again Thanked for His "Seven and a Half Year Tour of Duty With
38 St. Anthony"
39 The Mayor offered the above expression of appreciation especially for
40 the humor Mr. Childs had always added to each of his reports during
41 Council meetings over the years which he said Councilmembers would miss
42 once he's gone.
43 NEW BUSINESS
12
1 Police Department to Use Savings From Managing Fitness Program In-House
�2 to Purchase a Heavier Duty Treadmill
3 The above proposal had been made in Chief Hickerson's April 17th
4 memorandum where the Police Chief requested permission to use the
5 $1,200.00 budgeted for a fitness consultant, $300.00 saved from the
6 purchase of a radio, and $1,500.00 already budgeted for equipment to
7 purchase a Trotter Model 440 treadmill for aerobic exercises, which
8 would cost about $2,944.00., or $1 ,44.4.00 more than had been budgeted for
9 this equipment.
10 Mr. Childs indicated he agreed with the Chief's assumption that a
11 heavier duty treadmill was needed where so many persons were using the
12 same equipment and pointed out that only a budget transfer was actually
13 being requested.
14 Council Action
15 Motion by Enrooth, seconded by Marks to authorize the necessary budget
16 transfer to allow the Police Department to purchase a Trotter Model 440
17 `+treadmill from Tread Aerobics Industries for $2,9.44.00, as recommended
18 by Police Chief Don Hickerson.
19 Motion carried unanimously.
20 New Signage Approved for City Owned Businesses
�1 Ray Nelson, Liquor Operations Manager, was present to answer questions
2 related to new signage proposed. for the Stonehouse, 2700 Highway 88,
23 about which the -Assistant to the City Manager had written on April 21st
24 memorandum in the agenda packet and reported the two bids which had been
25 received for the proposed signage. Ms. VanderHeyden had recommended the
26 low bid of $6,165.00 from Arrow Sign Company be accepted for the sign
27 package to include removing the canopy on the east side of the building;
28 moving it to the west side; and removing the existing Restaurant sign
29 from the front of the building.
30 Mr. Nelson clarified the documents in the agenda packet by telling the
31 Councilmembers that:
32 -He anticipated no problem selling the generic Restaurant sign
33 Mannings had purchased when they moved in.
34 -The 69 foot long, 4 foot deep, back-lit awning would be installed all
35 across the front of the building and would carry the words Stonehouse
36 above the entrance and Dining & Dancing on the left section and Bar
37 & Grill on the right.
38 -Egg crating would prevent the sign lighting from reflecting back into
39 the large window on that side.
13
1 -There would be no signage on the east side of the building except the
2 existing pylon on which the copy might be changed. The existing •
3 canopy sign on the front would be relocated above the west side entry
4 where diagonal parking for the SAV I liquor warehouse shouldn't
5 interfere with its visibility from Kenzie Terrace, St. Anthony
6 Boulevard, and Silver Lake Road.
7 •He thought a burgundy and ivory combination of colors would work well
8 in the awning and should blend well with the stone on the building.
9 Copy for the proposed sign changes on the pylon sign was then considered
10 with Councilmember Makowske suggesting several modifications in
11 lettering size and position to make the sign more effective. Mr. Childs
12 advised that there would be a similar canopy sign going up on at the
13 Apache Wells establishment for which he thought a deep green color might
14 be effective without altering the competition between the two City
15 operations.
16 In relation to the issues he perceived the Council needed to consider
17 with the Stonehouse signage, Mr. Childs .indicated:
18 a. Since it identifies a separate building, the SAV I sign should
19 require no formal action at all except approval of the color
20 combinations.
21 b. The new awning system represents less than 150 square feet of
22 sign surface which is allowed for one location.
23 C. The southern exposure of the relocated canopy can't be seen •
24 anyway and therefore could easily be eliminated, leaving only
25 the lettering for Stonehouse and Dining & Dancing to be
26 considered which, in light of the many recent precedents for
27 allowing more than one sign for locations which can be seen from
28 more than one street (Kenzie Terrace, St. Anthony Boulevard, and
29 Silver Lake Road in this case) , might be allowable.
30 d. The argument could also be made that because Mannings Restaurant
31 is a separate business within the City's establishment, that
32 business might deserve its own identification.
33 e. Only the copy would be changed on the "grandfathered in" pylon
34 sign.
35 ' The discussion of whether regular variance processes had to be followed
36 when it came to community owned buildings centered around the assumption
37 which had been reinforced with the licensing procedures, that the City
38 as a regulatory agency should not have to seek licenses or variances for
39 itself. The consensus was that of all the signage being considered,
40 only the existing canopy signage would require a variance -for any
41 private business seeking the same signage approval.
42 Council Action
14
1 Motion by Enrooth, seconded by Makowske to authorize the erection of
•2 the proposed awning on the front of the Stonehouse liquor operation
3 facing Highway 88.
4 Motion carried unanimously.
5 Motion by Makowske, seconded by Enrooth to authorize the change in copy
6 proposed for the existing City's pylon sign on the Highway 88 side of
7 the Stonehouse.
8 Motion carried unanimously.
9 Motion by Marks, seconded by Enrooth to refer the plans for potential
10 signage on the relocated canopy to the Planning Commission for their
11 review for recommendation.
12 Motion carried unanimously.
13 Mr. Nelson was then requested to investigate signage improvement for
14 the apache SAV II liquor operation.
15 Councilmember Enrooth commented . that he was somewhat disturbed to see
16 the number of times when there were only five Commissioners present to
17 vote on issues on which he would have preferred to have gotten the
18 perspective of all seven Commissioners.
09 Police Department Enloyment Contract Approved by Council
20 Motion by Marks, seconded by Makowske to adopt Resolution, 89-009 which
21 approves the 1989 union contract with the City Police Department with
22 necessary modifications of language to bring the agreement up .to date.
23 RESOLUTION 89-009
24 A RESOLUTION RATIFYING THE 1989 AGREEMENT BETWEEN THE
25 CITY OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE,
26 COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 14, LOCAL 57'
27 REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT EMPLOYEES
28 Notion carried unanimously.
29 St Anthony Given Hennepin County Award for Recycling Efforts
30 Ms. VanderHeyden indicated the plaque had been given to the City during
31 the annual recycling luncheon sponsored by Hennepin County, April 19th.
32 She said the City had been honored for recycling 13% of its wastes.
33 The- Assistant to the City Manager indicated the Minnesota Pollution
34 Control Agency and the City had not completed the final draft of the
35 . agreement concerning the permanent carbon filtration facility.
• 15
i
1 ADJOURNMENT
2 Motion by Marks, seconded by Enrooth to adjourn the City Council meeting •
3 at 9:25 P.M.
4 Motion carried unanimously.
5 Respectfully submitted,
6 Helen Crowe, Secretary
7
8 Mayor
9 ATTEST:
10 City Clerk-
11
12 :cjk
16 •