Loading...
HomeMy WebLinkAboutPL PACKET 05191992 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iooass Box: 15 Folder: PL PACKETS 1992 Document: PL PACKET 05191992 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA May 19, 1992 8:00 P.M. CITY COUNCIL CHAMBERS NOTE: There will NOT be a joint City Council/Planning Commission Meeting. The meeting will begin at 8:00 P.M. due to the School Board Election. The public hearings were posted at 7:35 P.M. or as soon thereafter as possible, so the first will begin shortly after 8:00 P.M. Please be at the Council Chambers at 7:30 P.M. I. CALL TO ORDER. II. ROLL CALL. III. MINUTES. A. APRIL 219 1992 PLANNING COMMISSION MEETING. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JUNE 2, 1992 CITY COUNCIL MEETING. V. PUBLIC HEARINGS -- 7:35 P.M. OR AS SOON THEREAFTER AS POSSIBLE. A. SOUTH END REDEVELOPMENT OPTIONS. ✓ B. PROPOSED CHANGES TO THE PARKING ORDINANCE. VI. MISCELLANEOUS. A. ADEL ALWAN (SKEIK'S GARDEN RESTAURANT), 3800 APACHE PLAZA, CONDITIONAL PERMIT REQUEST RESEARCH. B. JAMES SARNA AND WILLIAM VOGT STOP -N- SHOP SUPERETTE), 3813 STINSON BOULEVARD, SIGN VARIANCE RESEARCH. C. CONCEPT REVIEW -- 3829 Foss ROAD. D. REVIEW PROPOSED PLANNING COMMISSION BY-LAWS. E. REVIEW HOUSING MAINTENANCE ORDINANCE. City of St. Anthony Planning Commission. May 19, 1992 Agenda Page 2 VII. STAFF UPDATE. VIII. COMMISSIONERS' COMMENTS. IX. ADJOURNMENT. CITY OF ST. ANTHONY: PLANNING COMMISSION MEETING 4 5 APRIL 21 , 1992 6 7 8 1 . CALL TO ORDER 9 10 Chairperson , Faust called the Planning Commission Meeting to 11 order at 7 : 30 p.m. 12 13 2 . ROLL CALL 14 15 Commissioners Present : Thompson , Franzese, Gondorchin , Murphy, 16 Werenicz, Madden, and Faust 17 18 Staff Present : City Manager Burt and Management Assistant 19 Urbia 20 21 Chairman Faust noted that this was Commissioner Thompson ' s 22 first meeting. He was welcomed by the Chairperson and 23 Commissioners . 24 25 3 . APPROVAL OF MINUTES OF THE FEBRUARY 18 , 1992 PLANNING 26 COMMISSION MEETING Motion by Madden , second by Murphy to approve the minutes of 29 the February 18 , 1992 Planning Commission Meeting as presented 30 and there were no corrections . 31 32 Motion carried unanimously 33 34 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE APRIL 28 , 1992 35 OR MAY 12 , 1992 CITY COUNCIL MEETING 36 37 Commissioner Madden will represent the Planning Commission 38 Meeting on either April 28th or May 12th. 39 40 City Manager Burt explained that the item which wi11 determine 41 when a Planning, Commissioner will have to attend a Council 42 Meeting is the conditional use permit being requested by Adel 43 Alwan for his Sheik' s Garden Restaurant . 44 45 At this point in the Planning Commission Meeting Mr. Alwan was 46 not in attendance . It was felt if he did not attend, the 47 request would not be discussed in any detail . 48 49 50 5 . PUBLIC HEARINGS 51 A. Adel Alwan (Sheik ' s Garden Restaurant ) , 3800 Apache Plaza , Conditional Use Permit 4 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 2 4 5 The City Manager advised that this matter can be 6 considered in Mr. Alwan ' s absence. 7 8 Referring to the site plan, Franzese observed that there 9 were some differences in the location of some of the 10 amusement devices and fewer kiddy games . 11 12 Mr. Alwan arrived at the Planning Commission ;Meeting at 13 7 : 35 p.m. 14 15 The Public Hearing was opened at 7 : 35 p.m. 16 17 Chairperson Faust stated that the purpose of this public 18 hearing is to consider a request from Adel Alwan for a 19 conditional use permit to allow for more than three 20 amusement devices at Sheik ' s Garden Restaurant , Inc . , 21 3800 Apache Plaza. 22 23 24 The notice of the Public Hearing appeared in the April 1 , 25 1992 edition of the Bulletin . 26 27 Urbia noted that Mr . Alwan had come before the Planning 28 Commission in February requesting a conditional use 29 permit to allow up to thirty amusement devices . At that 30 meeting, the Planning Commission unanimously approved the 31 request under certain conditions . The City Council , at 32 its March 10th meeting, did not approve the request by a 33 three to two vote. 34 35 Mr . Alwan was advised at the March 10th .Counci-1 Meeting 36 he could reapply for a conditional use permit . 37 38 The request before the Planning Commission tonight is for 39 twenty-three amusement devices . Eight amusement devices 40 will be solely for children . The remaining fifteen 41 amusement devices will be video devices for both children 42 and adults . 43 44 Mr . Alwan ' s plan is to locate the amusement devices in 45 the older, rear portion of the restaurant . His intent is 46 to generate additional revenue from this area. 47 48 Staff noted that all three conditions for a conditional 49 use permit have been met . Staff is recommending approval 50 of the request with the following eight conditions : 51 52 1 ) The arcade shall prohibit tobacco, alcohol , and • 53 drugs on the premises . 54 L PLANNING COMMISSION APRIL 21 , 1992 3 PAGE 3 4 5 6 2 ) The arcade shall prohibit individuals under the 7 influence of tobacco, alcohol , and/or drugs . 8 9 3 ) Proper supervision should be available at all times 10 to ensure appropriate conduct and behavior. 11 12 4 ) The access from the kitchen to the dining area 13 shall be segregated to ensure safety. 14 15 5 ) The number of amusement devices allowed will be 16 dependent upon the available number of amusement 17 device licenses and available space within the area 18 designated on the proposed plan . 19 20 6 ) The hours of the arcade will be no later than 10 : 00 21 p.m. 22 23 7 ) The process of an annual review consisting of City 24 staff , the Police Chief and the restaurant owner to 25 review complaints generated by the restaurant , both 26 inside and outside the establishment . 0 8 ) The arcade shall consist of twenty-three amusement 29 devices , of which eight will be solely for children 30 and fifteen will be video devices for both children 31 and adults . 32 33 Mr. Howard Knutson, 14300 Nicollet Court , Burnsville, Mn . , 34 introduced himself as a personal friend of Mr. Alwan. He is 35 speaking in support of the approval of the conditional use 36 request . He stated he has known Mr. Alwan since he came to the 37 United States . In his opinion, Mr . Alwan has indicated every 38 intention to operate his restaurant as a family-oriented 39 establishment . Mr. Knutson felt the amusement devices will 40 attract families and noted that there will be no pool tables 41 on the premises . Mr . Alwan has also indicated to him he may 42 consider hiring security personnel to maintain a family 43 atmosphere is it -becomes necessary. 44 45 Werenicz commented on the reference made in Council Meeting 46 minutes to the review requirement of the. Malt Shop which had 47 previously operated in the shopping mall . He noted that 48 members of the Planning Commission have never received any 49 feedback from these reviews and inquired if there had been 50 problems . 51 The City Manager responded that there had not been problems in the Malt Shop arcade only in the vicinity. There were also 4 problems with the slow response of the shopping mall security 1 PLANNING COMMISSION MEETING • 2 APRIL- 21 , 1992 3 PAGE 4 4 5 6 responding to requests for assistance from the Malt Shop 7 owner. He noted that some of these problems are presently 8 being experienced with the bowling alley in the lower level of 9 the shopping mall as well as the vicinity outdoors . 10 11 Werenicz observed that problems in the vicinity outdoors , 12 particularly near the bridge, are not new ( and may be 13 attributable to the shopping mall . 14 15 Franzese inquired if Mr . Knutson is a professional or personal 16 acquaintance of Mr . Alwan ' s . He responded that he is both; 17 attorney and family to family. It was noted "that he has had no 18 experience in a business similar to that of Mr . Alwan. 19 20 Mr . Alwan felt the intent of Bono ' s Malt Shop and the St . 21 Anthony Fun Center was to make considerable money on amusement 22 devices . There were no kiddy ridess in either business and no 23 attractions for families . 24 25 Franzese inquired how Mr . Alwan intended to "police" his 26 establishment and provide security . He responded that his 27 floor plan is quite open and the site lines are good. There • 28 will be rules of acceptable behavior posted in the business . 29 He did not respond to his intentions regarding security. 30 31 Franzese noted he intends to be vigilant about behavior , but 32 inquired what his "plan of action" would be if there were 33 unacceptable conduct . 34 35 Mr . Alwan did not specifically address his "plan of action" 36 but referred to his methods of operation. 37 38 Franzese 'inquired if Mr . Alwan would object to closing his 39 restaurant at 9 : 00 p.m which is the 'time the shopping mall 40 closes . 41 42 Mr. Alwan prefers to close at 10 : 00 p.m. noting that there is 43 a potential for business after 9 : 00 and in the summer months 44 it may still be daylight outside. It was noted that the 45 closing hour for the restaurant previously located in the 46 shopping mall was 11 : 00 p.m. 47 48 Mr. Knutson addressed the proposed floor plan for the location 49 of the video devices and the planned party room. The party 50 room-will have a movie screen , a large television screen and 51 be available for children ' s birthday parties . He felt the 52 location of the machines would afford the management some • 53 advantage in monitoring their use . 54 1 PLANNING COMMISSION MEETING 0 APRIL 21 , 1992 PAGE 5 4 5 6 The seating capacity of the restaurant is approximately fifty 7 people . Franzese inquired what the anticipated proportion of 8 income would be from food and amusement devices . Mr . Knutson 9 noted this is a variable by location and has no hard facts 1'0 relative to income . He stated that the restaurant ' s present 11 income from food only is very poor . 12 13 Murphy noted that the restaurant ' s- goal is to be family 14 oriented and inquired what the marketing strategies are to 15 : attract this type, of clientele . Newspaper advertising and the 16 previously referred to party room will be part of the 17 marketing strategies . 18 19 Menu 'selections were discussed and there will be a special 20 children ' s menu. 21 22 The Public Hearing was closed at 7: 57 p.m. 23 j 24 Werenicz stated his support for granting the conditional use 25 permit and noted that Mr . Alwan is focusing very hard on the 26 family oriented spirit of his business . 4 He suggested that Condition #8 should include a reference to 29 changing the configuration of the devices dedicated to 30 children ' s entertainment . He felt if the number of kiddy 31 amusement devices is decreased the conditional use permit 32 would be cancelled . Mr . Alwan should be required to reappear 33 before the Planning Commission and the City Council if he 34 wishes to change the mix of children and adult amusement 35 devices . 36 37 Madden agreed with Werenicz regarding the change of the mix of 38 amusement devices and felt an annual review of the conditional 39 use permit should be added . to the conditions . 40 41 Murphy had nothing to add other than he is supportive of 42 recommending approval of the request . 43 44 Gondorchin had not comments regarding the request . 45 46 Franzese still has a concern regarding the ' closing time 47 staying at 10 : 00 p.m. She feels this time is too late and that 48 young children are not usually out that late . 49 50 Faust indicated he felt this latest request is an improvement 51 over the first request . He has no problem with the closing 2 time of 10 : 00 p .m as Daylight Saving Time adds to that part of the day when families participate in activities together . 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 6 4 5 6 Franzese noted that her specific concern regarding closing 7 times is that everything else in the shopping mall closes at 8 9 : 00 p.m. If the restaurant is the only business open after 9 9 : 00 p.m there is a potential for young people to gather 10 there. The bowling alley closes at 11 : 00 p.m. 11 12 Faust observed that there is no eating establishment on the 13 north side of the City where parents can take their children 14 which does not serve alcohol . He anticipates no problems with 15 the proposed 10 : 00 closing hour and does not view this as a 16 problem. 17 18 Motion by Madden, second by Werenicz to recommend to the City 19 Council that the conditional use permit request of Mr. Alwan 20 for Sheik ' s Garden Restaurant , 3800 Apache Plaza, be approved ; 21 that the eight conditions as recommended by staff be included 22 in the conditional use permit approval ; that no one appeared 23 at the Public Hearing to speak against the request ;; that all 24 three questions in the application for the conditional use 25 permit were answered in the affirmative ; and, that the mix of 26 amusement devices be approved by staff . 27 28 Some discussion continued regarding what constitutes kiddy 29 amusement devices and rides . The Chairperson suggested that 30 there was possibly an " industry standard" which could be used 31 as a guide by the staff . 32 33 Roll call : Thompson, Franzese , Murphy, Werenicz, Madden, 34 Faust - aye 35 36 Gondorchin - nay 37 38 Motion carries 39 40 B. James Sarna and William Vogt (Stop-N-Shop Superette) , 41 3813 Stinson Boulevard, Sign Variance 42 43 The Public Hearing was opened at 8 : 15 p.m. 44 45 Chairperson Faust stated that the purpose of the Public 46 Hearing was the consideration of the request for sign 47 variance from Mr. James Sarna and Mr . William Vogt , Stop- 48 N-Shop Superette, Inc . , 1847 Johnson Street Northeast , 49 Minneapolis , for two gasoline brand signs on the canopy 50 at 3813 Stinson Boulevard, which requires variances for 51 number of signs and location . 52 53 The notice of the Public Hearing appeared in the April 8 , 54 1992 edition of the Bulletin . PLANNING COMMISSION MEETING APRIL 21 , 1992 3 PAGE 7 4 5 6 Management Assistant Urbia explained that a sign variance 7 had previously been approved for the applicants to have 8 a pylon sign with the Stop-N-Shop sign and gasoline brand 9 signs . Originally, the request was for two Phillips 66 10 signs ( 44 " by 44" ) . The current request is for two Conoco 11 signs ( 2 ' by 6 ' ) to be placed on the north and south ends 12 of the canopy, on the side closest to the road., 13 14 He advised that there is no provision in the Sign 15 Ordinance for the type of canopy sign that is being 16 requested . The Sign Ordinance defines a canopy as a 17 permanent roof structure attached to and supported by the 18 building. 19 20 Urbia also stated that the Sign Ordinance allows for a 21 pylon sign for a gas station to have brand identification 22 signs . If the Conoco signs were to be allowed on the 23 canopy, there would be no brand identification signs on 24 the pylon sign and the pylon sign would be nonconforming. 25 6 Originally , staff had determined this request could be approved administratively. It was later determined that 29 the request required a Public Hearing. 30 31 A letter was received from Mr . Sarna and Mr . Vogt giving 32 the history of why they had changed from Phillips 66 to 33 Conoco. A new policy at Phillips 66 would not allow their 34 brand sign to be placed below that of the Stop-N-Shop 35 sign . Conoco has indicated they want their brand sign 36 placed , on the canopy and not on a pole. The proposed 37 Conoco sign would be smaller in size than the proposed 38 Phillips 66 sign . 39 40 A letter from Conoco to Mr . Vogt stated that Conoco brand 41 requirements mandate the installation of the Conoco 42 capsule sign on 'a canopy fascia. The policy does not 43 permit co-mingling of their trademark sign and any 44 proprietary sign on a shared basis . 45 46 Urbia noted a contradiction in the Conoco letter which 47 would not allow co-mingling on a canopy sign but would 48 allow accommodations for local signage codes whereby 49 pole-mounted capsule signs would be allowed over canopy 50 or building capsule signs . 51 The City Manager, noted that the owners of the Stop-N-Shop had not completed the sign request application. 54 1 PLANNING COMMISSION MEETING • 2 APRIL 21 , 1992 3 PAGE 8 4 5 6 Madden inquired why the Public Hearing had been published 7 if these proceedings are not a legal Public Hearing. 8 9 The City Manager stated he felt this was a legal Public 10 Hearing and noted thatthe owners had been given over a 11 month to complete the application . He recalled that there 12 had been a very good relationship between the City and 13 the owners and proceeded on the basis that the legal 14 publication notice deadline be met to accommodate a 15 Public Hearing at tonight ' s Planning Commission Meeting. 16 17 The City Manager stated that originally staff had 18 considered an amendment but then realized that the sign 19 being considered was an entirely different type of sign 20 and would be non-conforming. He is concerned that if a 21 pylon sign without brand identification were allowed 22 there would be many more requests from local businesses 23 for similar variances . 24 25 Faust stated that pylon signs are allowed only when the 26 gas brand is identified on them. 27 •28 Murphy observed that the Conoco specifications do not 29 exactly agree with the request . Urbia explained the 30 differences . Mr . Vogt noted that the canopy was 31 originally designed for Conoco. 32 33 Thompson thinks the City should be pleased to have this 34 business in the City and it would be a real asset . He 35 referred to other similar signs located at Don ' s Car 36 Wash, Pizza Hut and Firestone. It was Thompson ' s 37 observation that the other operations run by these two 38 owners had good prices and good products . 39 40 Faust felt the issue was not how good the businesses were 41 but rather how to deal with the sign problems . 42 43 Mr . Vogt advis"e.d that Phillips 66 previously had a policy 44 where they would co-mingle signs but the. policy has 45 changed. - He noted that his businesses have handled- 46 Phillips 66 products for eight years at their other 47 outlets . Conoco wants their capsule sign on the top of 48 the gas pumps . He expressed concern that they may not be 49 able to secure a major gas company for their operation on 50 Stinson Boulevard. 51 52 Franzese inquired if any contracts had been signed with • 53 Phillips 66 . Mr. Vogt responded there have been no 54 contracts but he and his partner had presumed they would PLANNING COMMISSION MEETING APRIL 21 , 1992 3 PAGE 9 . 4 5 6 go ahead with that company. He advised that Phillips 66 7 is also requesting they remove their Stop-N-Shop signs at 8 their other two locations . 9 10 Urbia observed that if the Stop-N-Shop signs they may 11 have a less difficult time getting the gas brand signs in 12 place on the canopy sign . This would result in no non- 13 conforming signs . 14 15 Werenicz felt removal of the Stop-N-Shop sign would 16 impact negatively in the visibility for the store which 17 was a major concern of the strip mall . Gondorchin also 18 felt this proposed removal would adversely affect the 19 marketing strategy . 20 21 Madden recalled that the Standard Oil sign was not 22 approved to include "Food Shop" but this verbiage remains 23 as staff has not followed through to have it removed. 24 25 Gondorchin inquired what Mr . Vogt ' s preference would be 6 on the sign, to identify the business or the brand of gasoline . 29 Mr . Vogt responded that quite a sum of money has already 30 been spent to identify the Stop-N-Shop. Murphy inquired 31 if the partners would consider the option of having no 32 gas brand identified on the signs . Mr. Vogt felt gas 33 identification was necessary and very beneficial for the 34 credit card business . 35 36 Conoco will allow 120 days for the business to accept 37 Phillips 66 credit card charges . 38 39 Madden felt this matter was at an impasse with the 40 present proposal . He suggested that staff and the owners 41 meet and try to work something acceptable out . He also 42 observed that there are already many signs at this 43 business in place . 44 45 Faust agreed there appeared to be an impasse and that the 46 Planning Commission is attempting to negotiate something 47 that ultimately could not be supported for approval as 48 there is no basis to approve . 49 50 The City Manager felt a change to the Sign Ordinance 51 could be a possible solution as the present draft does not . address this situation . He noted that the City Attorney has been out of town , but intends to discuss 54 this matter with him. Burt felt there is no basis for a 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 10 4 5 6 hardship in the findings . 7 8 Franzese requested staff to contact other gas service 9 centers with pylon signs regarding the arrangements made 10 with their suppliers . 11 12 Burt noted there are no other operations similar to this 13 one in St . Anthony. 14 15 Thompson felt the location of this operation requires 16 signage for visibility . 17 18 Gondorchin inquired if all of sign allowance funding had 19 been spent on the pylon sign . Mr . Vogt responded that all 20 that is remaining to be done are the footings and they 21 are not very costly. He also noted that any oil suppliers 22 will bear the cost of a pylon . Franzese inquired if the 23 pylon signs -presently in place could be used at any of 24 their other locations or be sold . Mr. Vogt felt this 25 would not be the case . 26 27 Faust stated that the pylon sign will remain only if 28 there is a gasoline brand sign on it . 29 30 Burt stated that as the ordinance is written staff has 31 come to its interpretation. If the Planning Commission 32 arrives at some Findings the request can be granted. 33 34 Murphy felt this decision would be based on a 35 "condition . " Werenicz felt this may not be workable as 36 the strip was not dependent on a gas station being 37 located in it . 38 39 Werenicz observed that the Planning Commission really 40 does not want to -be in the position of re-writing the 41 Sign Ordinance based on one situation. The pressure to 42 approve a non-conforming sign is being brought by the 43 suppliers . 44 45 The Public Hearing was closed at 8 : 41 p.m. 46 47 Faust requested that the three conditions for granting a 48 variance be read. Urbia read the three conditions for the 49 granting of a variance.. They are as follows : 50 51 1 ) The granting of the variance will not be 52 detrimental to the public welfare or injurious • 53 to_ other property in the neighborhood or 54 village . 1 PLANNING COMMISSION MEETING APRIL 21 , 1992 PAGE 11 4 5 6 7 2 ) A particular hardship to the applicant would 8 result if the strict letter of the regulations 9 are adhered to. 10 11 3 ) The conditions upon which the application for 12 a variance is based are unique to the parcel 13 of land for which the variance is sought and 14 are not applicable, generally, to other 15 property within the same land-use 16 classification. 17 18 Madden felt the only action which could be taken by the 19 Planning Commission was to table the matter for thirty 20 days . 21 22 Faust felt the Planning Commission is in a position where 23 it could not make a ,recommendation based on the three 24 conditions to the City Council . 25 26 Motion by Franzese , second by Werenicz to deny the request for a sign variance for the Stop-N-Shop because the request does not meet the three conditions necessary 29 for a variance . 30 31 Franzese expressed her regret at having to .deny the 32 request , noting that it may meet two of the conditions 33 but not all three . 34 35 Murphy felt the situation was created by the oil 36 companies and not by the ordinance. Faust observed that 37 the request has not as yet been viewed by legal counsel 38 and after it is , the request may not, have moved forward. 39 40 Madden felt tabling would have afforded staff and members 41 of the Planning Commission an opportunity to get 42 additional information . 43 44 Franzese observed that the City Council functions 45 independently and if the request were tabled it could 46 have been two months before it was reviewed. 47 48 Roll call : Franzese, Gondorchin , Murphy, Werenicz, 49 Madden, Faust - aye 50 51 Thompson - nay 52 The Chairperson felt it was painful for the members of the Planning Commission to deny this request but the 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 12 4 5 6 Commission is bound by rules and guidelines to which it 7 must adher . 8 9 6 . MISCELLANEOUS 10 11 A. Concept Review - St . Anthony Dry Cleaners , 3005 37th 12 Avenue Northeast 13 14 The site at 3005 37th Avenue Northeast was recently 15 purchased by Mr. Yash Patel . He plans to open a dry 16 cleaning service at this site . Mr . Patel is proposing to 17 have a drive through service at the current site. 18 19 As the site is presently situated, the proposed drive 20 through is not a viable proposal . Staff has met with Mr. 21 Patel to discuss solutions for the proposed drive through 22- concept . These solutions would address staff concerns 23 regarding parking requirements and traffic flow. 24 25 Urbia advised the following solutions have been proposed 26 to Mr . Patel : 27 i 28 1 ) The back of the lot be filled in 29 30 2 ) Obtain an easement or ownership to approximately 31 six feet of Rapid Oil Changes ' property 32 33 3 ) Move an utility pole 34 35 4 ) Provide parking in the rear portion of the 36 building which would require this area be filled in 37 38 Urbia noted that out of courtesy to Mr . Patel this 39 request was brought to- the Planning Commission. Staff 40 felt this could be a drycleaning business but not with 41 drive through services . 42 43 Burt advised that the "grandfathered" parking privileges 44 of the previous business no longer apply. Faust also 45 observed that some accommodations must be considered for 46 employee parking. 47 48 Burt stated that the newly-installed overhead door 49 already has eliminated two parking spaces . 50 51 Murphy inquired if the building were torn down would 52 there be enough property to include a drive through on a 53 new building. Burt felt this was a possiblity, but 54 observed that Mr. Patel probably does not have enough 1 PLANNING COMMISSION MEETING 0 APRIL 21 , 1992 PAGE 13 4 5 6 capitol for a venture of this kind as he has already 7 purchase the building and done some remodelling. 8 9 Franzese felt staff should make recommendations to Mr . 10 Patel for some other site in the City. Burt advised he 11 I has already purchased this site and building as well as 12 installed some drycleaning equipment . 13 14 Franzese suggested the service could address patron 15 comfort by " taking out" the product rather than having a 16 drive through. Burt said he will pass this suggestion on 17 to Mr . Patel , but a parking variance may be needed to 18 accomplish this type of service . 19 20 B. Review of Proposed Revisions to Parking Ordinance 21 22 Residents have been calling City Hall to express their 23 concern with the parking of recreational vehicles and 24 equipment in the yards of their owners . By some, these 2-5 have been considered visual pollution and invasions of 26 the aesthetic appearance of the City . In response to these concerns , staff has driven 9 throughout the City videotaping some of the situations 30 where this type of problem exists . 31 32 Burt noted that some of the problems have developed from 33 the ordinance requirement to have these vehicles and 34 equipment parked on a paved surface. Many of these items 35 were parked on the back of the lot or in the back yard 36 but were not on a paved surface . Recreational vehicles , 37 mobile homes , boats and wood piles are some of the 38 examples which were videotaped . 39 40 Also, some of these vehicles are parked in the right-of- 41 way. The City Council has requested staff to develop a 42 recommendation to alleviate these perceived nuisances . 43 44 Burt read the staff recommendation, which is as follows : 45 "No commercial , recreational vehicles , recreational 46 trailers , watercraft or utility trailers will be 47 permitted to be parked in front of the front yard in any 48 R-1 , R-lA, R-2 , or R-3 district for more than any forty- 49 eight eight hour period . 50 51 The City Manager stated the City Council wants feedback 52 from the Planning Commission on this matter . Franzese inquired if the reason behind the parking 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 14 4 5 6 prohibition was because of clutter , safety hazards , etc . 7 8 The City Manager responded that some felt the City is 9 beginning to have a "cluttered" appearance. 10 11 Gondorchin noted he has never been bothered, with the 12 parking of recreational vehicles in 'his neighbor ' s back 13 yard but another neighbor has . He questioned what the 14 criteria might be for determining what vehicles would be 15 addressed with this ordinance revision. Burt noted that 16 height and weight had been considered as criteria. 17 18 Franzese felt this ordinance revision is trying to 19 pinpoint some specific matters , yet is using a 20 "broadbrush" approach and has a very narrow approach. 21 She felt it may be difficult to enforce . 22 23 Madden is of the opinion that large boats and 24 recreational vehicles parked in front yards' are very 25 ugly. He felt there is some very affordable storage space 26 available and is supportive of the ordinance revision. 27 •28 Burt will pursue the "weight " criteria with, the Police 29 Chief . 30 31 Faust noted that a forty-eight hour limit could not apply 32 on a long weekend. 33 34 The Public Works Director sent out forty violation 35 letters on parking violations recently. These violations 36 were noted in a very small area of the City so the 37 practice appears to be widespread. 38 39 Werenicz inquired when a citation is actually issued. 40 Burt gave the_ timeframe for violations . First a letter is 41 sent to the owner advising him of the violation and ten 42 days is given to contact the City and to comply. If there 43 is no response in ten days , a second letter is sent to 44 the violator and if there is no acknowledgement , then a 45 citation is written. The whole process takes about forty- 46 five days . 47 48 Werenicz stated his support for more active enforcement _ 49 of the ordinance. 50 51 Franzese felt the issue of safety, especially for 52 children, should be a consideration . 53 •54 I PLANNING COMMISSION MEETING APRIL 21 , 1992 3 PAGE 15 4 5 6 Murphy inquired if staff has contacted other cities with 7 regard to their ordinances for parking of recreational 8 vehicles and equipment . Burt responded some cities have 9 a prohibition of parking of commercial vehicles in 10 residential areas . 11 12 Gondorchin felt the length criteria would be more 13 effective to write the ordinance revision on . He thinks 14 the larger units are more irritating. 15 16 Werenicz suggested that the Police Department be made 17 aware of some of the community concerns in this matter 18 and to concentrate on enforcement . Burt noted that if the 19 Police Department were responsible for enforcement there 20 would be the added dimension of better record keeping. 21 22 C . Review of Proposed Revisions to Sian Ordinance 23 24 The proposed revisions to the Sign Ordinance were 25 distributed at the Planning Commission Meeting. 26 The proposed revisions were briefly scanned by members of 1 the Commission . The document had not been proofread and 29 there were some paragraphs left out . 30 31 Burt noted that the Management Assistant had added to or 32 redefined some of the language of the current Sign 33 Ordinance rather than that drafting an entire new 34 ordinance. He felt the Commission members should be aware 35 that the City is expecting some sign requests which may 36 not have been made in the past . Some examples are for the 37 CUB Store if the project goes ahead, a movie theater and 38 monument signs . 39 40 Urbia recommended that a subcommittee be formed from 41 among members- of the Planning Commission, representatives 42 of the St . Anthony Chamber of Commerce, business people 43 in the City, and representatives of the two shopping 44 malls in the City. He suggested this subcommittee plan to '45 meet in the next couple of weeks . -46 47 Faust inquired what regulations would have to be 48 considered regarding this subcommittee to be in 49 compliance with the Open Meeting Law. It was determined 50 that it could be served by two or three members of the 51 Planning Commission . Burt advised that the subcommittee 52 meetings will be posted in compliance with the Open 0 4 Meeting Law. I PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 16 4 5 6 Faust polled the Planning Commission members and it was 7 unanimous to support the forming of a subcommittee to 8 review the sign ordinance revisions as presented by 9 staff . 10 11 Franzese inquired what the process would be for the 12 recommendations and comments which will be forthcoming 13 from the subcommittee . Burt responded this information 14 will go to the Planning Commission who will then hold a 15 public hearing on the matter . 16 17 Franzese and Faust indicated an interest on serving on 18 the subcommittee and will set up meeting dates for about 19 three meetings . It was recommended that Councilmember 20 Wagner also serve on the subcommittee . 21 22 Faust requested input from all of the Planning Commission 23 members regarding the sign ordinance revisions . 24 25 There is a joint meeting scheduled between the City 26 Council and the Planning Commission for 7 : 00 p .m. on May 27 19th. 28 29 D. Update on South End Study 30 31 The BRW consulting firm presented three concepts to the 32 South End Task Force. 33 34 The City Manager advised that the original purpose in 35 placing a development moratorium on the south end of the 36 City was to discuss the land use plan and the traffic 37 patterns . 38 39 He noted that all three plans presented by BRW have the '40 same street alignments . The Council is considering 41 extending the Tax Increment Financing District to include 42 this area . 43 44 The City Manager reviewed all three plans presented by 45 the consulting firm and the fourth plan as formulated by 46 the South End Task Force. 47 48 Miles Lindberg, a consultant with BRW, will be attending 49 the May Planning Commission meeting to discuss his firm' s 50 concepts regarding the South End . 51 52 Gondorchin inquired if the City Manager had a priority 53 list would he be including this development of the South 54 End . The City Manager responded he most likely would be 1 PLANNING COMMISSION MEETING APRIL 21 , 1992 PAGE 17 4 5 6 focus-ing on the environmental issues regarding Silver 7 Lake. 8 9 E. Review Housina Maintenance Ordinance 10 11 Urbia advised that this version of the Housing 12 Maintenance Ordinance includes the recommended changes 13 requested by the Planning Commission . He noted that the 14 "Truth In Housing" section has been removed as it cannot 15 be enforced. 16 17 Some discussion followed regarding errors which are in 18 the draft and some paragraphs which were omitted . 19 20 Commissioners Gondorchin and Madden felt they needed 21 additional time for review of the draft ordinance . 22 23 Urbia stated that the goal of the City Council is to hold 24 a public hearing on the ordinance in September . 25 26 Faust requested that copies of the corrected draft are sent to members of the Planning Commission. 29 30 7 . STAFF UPDATE 31 32 Apache Plaza 33 34 The City Manager met with representatives of Super Value last 35 week. He felt the article which appeared in the Bulletin 36 erroneously reported the situation as to the delay in the CUB 37 decision . The article made it appear as though the City is 38 causing the delay. 39 40 Super Value representatives were upset by the article but have 41 found out why the incorrect information was printed. 42 43 The' City Manager noted that Dennis Cavanaugh has not been 44 cooperative with Super Value and has changed both of the 45 proposals received for the 'CUB Store. The City Manager felt 46 this proposed store is the last hope for Apache Plaza. 47 48 Demographics in the St . Anthony area were supportive of this 49 store. If Super Value were to put a CUB store at both Apache 50 Plaza and at 18th and Central Avenues , both of the stores 51 would be smaller . If only one CUB store were built , and it was 52 located at Apache Plaza , it would be larger . 1 PLANNING COMMISSION MEETING 2 APRIL 21 , 1992 3 PAGE 18 4 5 6 Pirino Property 7 8 The City Manager contacted the attorney handling the Pirino 9 case for the City ' s insurance company. The attorney stated he 10 had thought the case had been closed. The judge had ruled that 11 Pirino could build the garage on the front portion of his lot . 12 13 Pirino has not begun building the garage and the permit has 14 expired. 15 16 Staff inspected the exterior of the property and found twenty- 17 six violations . Pirino must submit plans for the property and 18 pay for permits . A home which has been moved into the City 19 must also be inspected ins-ide. This has not been done yet . 20 21 The City Manager stated that a letter was received from Pirino 22 today. The City ' s response letter will state the time 23 deadlines for doing the work . If these deadlines are not met , 24 tags will be issued for the violations . 25 26 8 . COMMISSIONERS ' COMMENTS 27 28 Faust thanked staff for the activities calendar . 29 30 Madden inquired if there is a report on the St . Anthony Self 31 Storage issue yet . He -was advised that this has not been done. 32 The City Manager observed that the owners fo this building 33 appear to be waiting until the sign ordinance is completed. 34 Faust suggested that Madden bring this matter up at the next 35 Council Meeting. 36 37 The City Manager stated he will bring the matter up at the 38 next Council Meeting. He feels the issue will be resolved by 39 this summer. 40 41 Faust and Franzese both attended the "Beyond the Basics" 42 seminar and found it very interesting-. 43 44 Franzese inquired if there have been any reports of finding 45 raydon in the community. The City Manager responded he has not 46 heard of any but noted there are self-testing kits available 47 to conduct raydon tests in homes . 48 49 Commissioners were requested to have their comments regarding 50 the Sign Ordinance to the Chairperson by next week . 51 52 53 54 1 PLANNING COMMISSION APRIL 21 , 1992 3 PAGE 19 4 5 6 9. ADJOURNMENT 7 8 Motion by Madden, second by Gondorchin to adjourn the Planning 9 Commission meeting at 10 : 55 p.m. 10 11 Motion carried unanimously 12 13 14 15: 16 Respectfully submitted, 17 18 19 Jo-Anne Student , Planning Commission Secretary 20 21 22 2 3 24 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 #4 . DATE: May 14, 1992 TO: PLANNING COMMISSIONERS FROM: David Mark Urbia, Management Assistant ITEM: SOUTH END REDEVELOPMENT OPTIONS BACKGROUND As a result of neighborhood opposition to the proposed Walgreen's development at the current Rosie's location, the City Council enacted a development moratorium and established a task force to study planning, zoning, and redevelopment issues in the moratorium area. The moratorium area is detailed in the map provided with the public hearing notice. BRW was selected as.a planning consultant to obtain input and ideas from the task force and develop options. The planning consultant developed three options for the task force to provide further input. The task force desired a fourth option (a hybrid of the three presented). The task force selected the fourth option by consensus. NEXT STEP Tonight, the Planning Commission will review the four options, receive input from residents, discuss the options, and recommend to the City Council the option (one of the four presented or a hybrid) that would be the most appropriate to approve or consider. Note: Staff asked for the planning consultant to present the information to the Planning Commission; however, he was unable to attend due to a prior arrangement. CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony at 7:35 P.M., or as soon thereafter as possible, on Tuesday, May 19, 1992, in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: APPLICANT: City of St. Anthony GENERAL LOCATION: The parcels north of Kenzie Terrace between St. Anthony Boulevard and the Kenzington development (the area currently in a 'development moratorium). PROPOSAL: Review redevelopment options discussed by the Citizen South End Task Force. Redevelopment options include public right-of-way improvements, revision of the City's Land Use Plan, and rezoning of parcels. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids for handicapped persons are available upon request at:least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Publish: Bulletin, May 6, 1992 w . •r i. I !)1 lug A7 N Iiq sT. ANTHONY is BOU�f N!1w 7Yr 1 >♦li 1p t 'tt:7- S . CIWI.i Catholic PAHL Ctwrch AVLrH �� to Trillium S F- OF O,, Q Park '771 ,2" M77 SCeoel V, p O u s N M 8 !YI 7.01 iW� ib !ra I ltt t.0. 27TH AVENUE J N.E. [IT I T T] F : . W u Lowey Grove C O r � J O y ' r VENUE — — N. . t Joseph V. Bohunko Dennis Marshek Theo I. Lockren 2700 St. Anthony Boulevard 2704 St. Anthony Boulevard 2716 St. Anthony Boulevard St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, NIN 55418 Alois R. Schmid Gary Carter J. A. Lindsey 2800 St. Anthony Boulevard 2808 St. Anthony Boulevard 2812 St. Anthony Boulevard St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Mrs. Robert E. Peterson Daniel H. Olson s Virgil Gottwalt 2816 St. Anthony Boulevard 2900 St. Anthony Boulevard 2717 St. Anthony Boulevard St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Rodger Ness Thomas Hoban Gerald Hofmann 2701 Pahl Avenue 2705 Pahl Avenue 2713 Pahl St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418; Merle Mitchell Preston Williams Gerard Kelly 2801 Pahl Avenue 2805 Pahl Avenue 2809 Pahl Avenue St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Luba Perchyshyn J. P. Tuohy David E. Miller 2817 Pahl Avenue 1007 London Road 2704 Pahl Avenue St. Anthony, MN 55418 St. Paul, MN 55118 St. Anthony, MN 55418 Re: 2817 Pahl Elaine Nelson Warren Paranto Paul Archambault Randolph Ferguson 2712 Pahl Avenue 2716 Pahl Avenue 2708 Pahl Avenue St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 George W. Loahr Donald Drusch Linda LaBelle 2800 Pahl Avenue 2804 Pahl Avenue 2808 Pahl Avenue St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Good Luck Cafe Marcel Byzewski John Davis 2700 Coolidge Avenue 2701-27th Avenue N.E. 2705-27th Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN . 55418 St. Anthony, MN 55418 Earle Upgren Eugene Hillstrom Gerald Pohl 2709-27th Avenue N.E. 2713-27th Avenue N.E. 2801-27th Avenue N.E. St. Anthony,-MN 55418 St. Anthony, MN 55.418 St. Anthony, MN 55418 John Jadinak Gordon Culhane Gary Zahrbock 2805-27th Avenue N.E. 2700-27th Avenue N.E. 2704-27th Avenue N.E. St. Anthony, N1N 55418 St. Anthony, N1N 55418 St. Anthony, MN 55418 Joseph Schlunder. E. M: Lantto Palmer Gunderson 2708-27th Avenue N.E. 2712-27th Avenue N.E. 2800-27th Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 ALAM & Associates 1,929 Randolph Avenue St. Paul, MN 55101 Roger Bona Nancy Carlson Dennis Cavanaugh 2812-27th Avenue N.E. 3433 Croft Drive 2909 St. Anthony Boulevard St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Dave Forsythe Chris Hauglie Rod Johnson 2701 St. Anthony Boulevard 3607 - 37th Avenue N.E. P.O. Box 1385 St.- Anthony, MN 55418 #305 Minneapolis, MN 55440 St. Anthony, MN 55421 Jim Higgins Connie Kozlak Mary Ann Kuharski 2712 St. Anthony Boulevard 2612 Murray Avenue N.E. 2709 Paul Avenue N.E. St. Anthony, MN 55418 . St. Anthony, MN 55418 St. Anthony, MN 55418 Cheryl Nesser Lavern Petersen Hobie Swan 2801 St. Anthony Boulevard 3212 Hilldale Avenue 2501 Lowry Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Lucian Vorpahl 2609 - 27th Avenue N.E. St. Anthony, MN 55418 DATE: May 13, 1992 TO: PLANNING COMMISSIONERS FROM: David Mark Urbia, Management Assistant ITEM: PROPOSED CHANGES TO THE CURRENT PARKING ORDINANCE NOTE: Proposed changes are different than those listed in the public hearing notice. BACKGROUND The following reflects the proposed changes to the current parking ordinance: Section 2, Subd. 2, paragraph 77(a) Vehicle-car,van, pickup,motorcycle,snowmobile,motorhome,camper, trailer,boat, truck or similar item licensed by the State of Minnesota for use on roadways orr waterways, but excluding bicycle and mopeds. Section 2, Subd. 9, paragraph 13 All vehicles, as defined in Section 2, Subd. 2, paragraph 77(a) of this Appendix I, parked on any lot in an R-1, FZ.-,11?�, R-2, or R-3 district shall be parked on a surface paved with asphalt or bituminous?material, concrete, cement, brick, or other paved surface, or- pia°'??iog Wet iIz ii::...j; j'::.:' :ii'.:::'::;:: :�''.`::��.'' :,:':: : ::::i::n:X^Y.'-n:?}isi::::::::....." ...'..:.'.:+'i..'.4:i:i.i:tiO.titi�'; : .:: iii::..;Vii.: r...ti:i•!. <?:;: .: re�r�alta� eht�les,•:;recr��:�an�l tr�il��, i?�alez�r� qt' ut�l�.,:,,:;..����lex� ;: �ll:;,'f .:�.�:�:tt�d;a� ��€:>arl��c�;>��,�'r�nt:::fl�.:t...';: .., .f::::.:a ...;;. .� .:• .;:an:::.> :.,...;,:. ». ::. ..; ':»�.;:or.: 3dsttor< o >k� » :: < :Io �r> > xad NEXT STEP The Planning Commission will hold a public hearing to obtain resident input regarding the proposed changes to the current parking ordinance and provide recommendation to the City Council regarding the proposed changes. CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony at 7:35 P.M., or as soon thereafter as possible, on Tuesday, May 19, 1992, in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: APPLICANT: City of St. Anthony GENERAL LOCATION: City wide PROPOSAL: Review proposed changes to the parking ordinance. Proposed changes read as follows: Section 2, Subd. 2, paragraph 77(a) Vehicle -car,van, pickup, motorcycle,snowmobile,motorhome, camper, trailer,boat, truck or similar item licensed by the State of Minnesota for use on roadways orr waterways, but excluding bicycle and mopeds. Section 2, Subd. 9, paragraph 13 All vehicles, as defined in Section 2, Subd. 2, paragraph 77(a) of this Appendix I, parked on any lot in an R-1, , or R-3 district shall be parked on a surface paved with asphalt or bituminous material, concrete, cement, brick, or other paved surface; located in the front yard. 1fi ` arreaGaro . vliTes, reere�fianal taiiers, watercraft or utility traliers will be permuted to be parkedn front of the front yard setback�n any R , I� 1A, R 2, or R 3 tltstnt far more Chart any. $,.hour.period Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Publish: Bulletin, May 6, 1992 CITY OF ST. ANTHONY ORDINANCE 1992-005 AN ORDINANCE RELATING TO PARKING; AMENDING SUBD. 2, PARAGRAPH 77(a) AND SUBD. 9, PARAGRAPH 13 OF APPENDIX I, SECTION 2 OF THE 1973 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY THE CITY OF ST. ANTHONY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subd. 2, Paragraph 77(a) and Subd. 9, Paragraph 13 of Appendix I, Section 2 of the 1973 Code of Ordinances are amended to read as follows: Appendix I, Section 2, Subd. 2, Paragraph 77(a) Vehicle - car, van, pickup, motorcycle, snowmobile, motorhome, camper, rcr :;::;; t r bom truck or similar item licensed b the State of lVYinnesota for : ::::......::::: use on roadways or waterways, but excluding bicycles and mopeds. Appendix I, Section 2, Subd. 9, Paragraph 13 All vehicles, as defined in Section 2, Subd. 2, paragraph 77(a) of this Appendix I, parked on any lot in an R-1, '4 R-2, or R-3 district shall be parked on a surface paved with asphalt ........... or bituminous material, concrete, cement, brick, or other paved surface 8F OR a gFaVel ::�:. .. X.:...:::::::::::::::::::::::::::::.:::::::' u#�. Iraq a ::a :JM jr.cr....M:be<::' ##mod:> .>: :> ed:;y: ::::::.<n 1::::: rd:: iba k :::::::::::: .:::::::::::::::::::::::::.::::: ::::::::::::::a: .:.:::::: .::::::: :fr :::::::::: .:::: or.::: ::::::::::::::::::::::::: .::. <.:<.i}i:4iiii: '.i:.i "ii:"?:ii" ;y};f•:ii''ti4:�iiiiiii}i}i:iii•:iii':..{?iw:Jii......i...iii:••'L:':.;{S^:<v:::iii}i}i}iii:ii:.i}i:"!:""......................••..::•::•.••••.••..•.•• .•••..••.••••• :> ::: V: m ...:.................: .. Y. Section 2. This Ordinance shall take effect upon its publication. First Reading: Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: St. Anthony Bulletin on the day of , 1992. DATE: May 14, 1992 TO: PLANNING COMMISSIONERS FROM: David Mark Urbia, Management Assistant ITEM: , ADEL ALWAN - SHEIK'S" GARDEN RESTAURANT - 3800 APACHE PLAZA, CONDITIONAL USE PERMIT RESEARCH _.--BACKGROUND Mi. Alwan's iequest_for a-conditional use permit for more than three amusement devices has--been recommended for approval twice by the Planning Commission and denied twice by the City Council.' The City Council, at its May 12, 1992 meeting, elected to bring the issue back to the table for consideration. The reason for reconsideration was Mr. Alwan's request to have "kiddie rides" and "kiddie games" only. At the meeting, Mr. Alwan did not provide an adequate description or definition of a "kiddie ride" or "kiddie game." Due to this fact, the City Council referred the issue to the Planning Commission and staff for further research. INFORMATION Staff called two of the manufacturers that were provided by Mr. Alwan. Staff spoke to sales representatives from each manufacturer. Both representatives replied that there is no written definition of what is or is not a "kiddie ride" and "kiddie game." The manufacturer will have a suggested age group for a ride or game (much like popular board games, i.e. Monopoly). However, according to the representatives, a game or ride is considered "kiddie", "juvenile", or "adult" depending upon usage. In addition, a game or ride could be "cross-assigned", meaning it is used by a combination of age groups. Staff sees it difficult to define what is or is not a "kiddie game" or "kiddie ride." If Mr. Alwan was granted a conditional use permit for a given number of "kiddie" amusement devices, staff would be required to use discretion determining which games are appropriate for a"kiddie"age group. NEXT STEP A recommendation by the Planning Commission to the City Council on its findings for this issue. 01 17 col t.j MLXTCI le (-- rill The most important factor that the "better mousetrap" that gives on hot-shot fads? Imagination today's cautious operators consider added excitement to the most consis- Leisure's location-proven SST Air when buying a coin-operated game tent earning game in the market— Cushion Hockey Game and all new is consistency. Will the unit continue bowling. Optional redemption makes Super-Bowl offer you maximum long- to earn revenue in a year...two Super Bowl ideal for all locations... term earnings with a minimum of years... five years...even longer? arcades, taverns, and sports bars. down time. When financial wizards Our fast-paced, durable Stainless Beyond consistency is reliability. talk of "sound investments", these are Steel Air Cushion Hockey game has Both of our games are engineered to the type of products they're talking been a consistent earner for over 15 stand up to rugged play day after day. about. Call, fax, write, or see your years. And, our new Super-Bowl is Why waste your time and money distributor today for complete details. IWO FOR THE LONG RUN . VMEN OTHER FADS DIE, SST & SUPER-BOWL KEEP ON EARNING = lr x pl.r. - SST 2 �'� 3 f� L.>t i`� r _ _ `Er .. iyS� '� [ 1 a�FLT • V tA • 1 T04 ' OPTION: PLAYERS ` j 7 - CAPSULE ' DISPENSER • 4 STATIONS— AVAILABLE EACH WITH COIN DOOR AND TICKET DISPENSER • DURABLE STEEL CABINET _ Via.. CONSTRUCTION • SIMPLE INSTALLATION- 'LUG IN ND PLAY - • j CALL YOUR DISTRIBUTOR OR: -r CRATE DIMENSIONS: *• u n n Innovative Concepts in Entertainment Inc.- 45 x 45 x 45.. 1501 Kensington Avenue WEIGHT Buffalo, New York 14215 290 LBS. Phone: 1-716-833-0481 1-800-342-3433 %x: 1-716-833-1342 m 1991 MILTON BRADLEY COMPANY WATCH Y 0 U T S . '1 r ��q%s+wo• s „ �/ r e' j ` Mini Ferris Wheel AM. ERI ERICA ' S LEADER. WI DDI E RIDES USA . I# If rt's new and.moneymaking, M maiiitain the largest' -',Best in.service:Largest parts > 11 years m the Children's _ " Kidtlie Rides-U.S.-. has�t inventory ofahe Iafest;,best _,invento_rryy�n the business �; Amusement lndtry wrth 8 full time'technicians=toy- .s . � � t. .«rya. . . na Has�i�FIRST VUe represent �•money"making rides in the y t ,�� t_ 1�, ,. , �theleadm�U S.antl European maticetpI" ' Our selectip +sr�assist you CaII,TOLLs;FREE,. service and rtg A, r vA t1 �r>anufacturers flRS WTI:W u� aralleletl�n he�ndustry #otS e' ► ar Pa E- "ulic '�and consistent d'etivery ly= mmediae o - 4y, � f!•�' J t. �' 1.: %J Y � tt h:-e.��l -V . T.�1..�. � thC.hlld[e .5� "��.mones �• j _' t Y -tt.. rK n� .,n- e.�ou - {_ �:h•��11�U �,�;r �l•[, 1' vr. ��� 4 ^,r`. �. .Lend: :T,.Cri.J f.r �' .Y.. s � ' c r k r ,, .. ,s' `► si=x.qtr s e. ' S E G C. Great Attraction. O C p l� 100 /o Skill IC 3. E L l O T Amusement Game. � E 144 r44444T o All I A e s! ' � _�oeo�eop . �,�>` �'c R c , � A Game For g I C Realistic High I • _ �Q! i _ Striker Effects! _ [: .w Height 93.. o Fantastic Light Show I - width 56 and Sound System! g T.15 ' ; sr Depth 39"y - - (Including Base). © Ticket Dispenser! NPAil -T-I 01 '11 •Cta \ _ l c -; ;. DESIGN, INNOVATION, RELIABILITY Kiddie Rides for the "Bottom" Line We can customize your operation Ph.305-471-0476 FAX305-471-0381 1-800-772-3912(U.S. only) over 25 years experience • 50 models with solid state sound and music(110 and 220 voltage) • coin or token operation • some with redemption USA FALGAS U.S.A.INC. 1559 NW 79 Ave.,Miami,Fla 33126 N FA 2 Y I I .:7 — M Santa Fe T ra n n, 0 7V A > .. . .... ... T� 7 clown Cipisl. Vendor rr Dolphin -7: USA off-- - COME VISIT U AT ACME BOOTH 4* 935 STAFF REPORT DATE: April 16, 1992 TO: Planning Commission Members FROM: David Mark Urbia, Management Assistant ITEM: "STOP-N-SHOP SUPERETTE" SIGN VARIANCE REQUEST --------------------------------------------------------------------------------------------------------------------------- The following report is regarding a sign variance request from Mr. James Sarna and Mr. William Vogt from Stop -N- Shop Superette, Inc., 1847 Johnson Street Northeast, Minneapolis, which requires variances for number of signs and location. BACKGROUND .A sign variance has been previously approved for the applicants to have a pylon sign with the Stop-N-Shop sign and gasoline brand signs. Originally, the request was for two Phillips 66 signs (44" by 44"). The current request is for two Conoco signs (2' by 6') to be placed on the north and south ends of the canopy, on the side closest to the road. In the Sign Ordinance, 430.15, Subd. 5, a canopy is defined as a permanent roof structure attached to and supported by the building. There is no provision for a canopy sign that is being requested. In addition, Section 430.40, Subd. 9(b)(2) of the Sign Ordinance allows for a pylon sign for a gas station to have brand identification signs. If the Conoco signs were to be allowed upon the canopy, there would be no brand identification signs on the pylon sign, hence the pylon sign would be nonconforming. RECOMMENDATION The application does not meet the three conditions. Further, it is a sea change in direction from the variance allowed only a few months previous. { Instant Cash 24 Hours 3 NORTHEAST LOCATIONS 1847 JOHNSON STREET NE MINNEAPOLIS, MINNESOTA 55418 • 6121789-0105 City of St. Anthony St. Anthony, Minnesota We originally came before the St. Anthony City Council . and received approval for Stop-N-Shop Superette to have a Phillips 66 sign placed below our sign located on the pole. At the time we came before the Council we didn't know there would be a problem with Phillip 66, as we already have there sign placed on our pole at our other locations. When we got back to Phillip 66, we were advised that they no longer agreed to having their sign placed below oundue to a new policy. We have now approached Conoco Oil Company, since it was originally a Conoco Station. Conoco has stated that they are interested in- having their brand sign placed on our canopy and not on the pole. The square footage of their sign would be smaller than the proposed Phillipp 66 sign would have been. We are therefore requesting a variance to have the Conoco Logo sign - - placed. on-our canopy- Would you .please review our request and advise us accordingly. Respectfully, dames Sarna William Vogt APR 17 192 9: 05 FROM CONOCO - REITHEL PAGE . 001 conoeo Michael W. Brown Conoco Inc. Account Manager 1500 First Avenue NE,No.1118 Brandod Marketing,Eastern DhVlaion Rochester,MN 5590e Marketing,North America (507)289-3914 Fax (507)289-4481 To: 'Bill VoQt From: M.W. Brown Date: April 15, 1992 Subject: Conoco Signacge Requirement* Conoco brand requirements Mandate the installation of the Conoco capsule sign on the canopy faec:a. Our policy does not Permit the co-mingling of our trademark sign and any proprietary sign on a shared pole. The' successful resolution of this issue is a condition of branding. Yours very truly , Vii.W. Broken SIGNAGE IDENTIFICATION CAPSULE SIGN PLACEMENT ON CANOPY FASCIAS Jobbers may choose from Wand 8' it is recommended and will in the facility a more contemporary single-face Conoco capsule signs the future become a part of the appearance. . to inset or surface-mount on their new image requirement.Canopy- Jobbers should be aware that canopy fascia.The 6'capsule sign mounted capsule sign cans will be local signage codes sometimes is to be used on vertical canopies painted charcoal gray. restrict the number and size of which are 36"to 48"wide.The 8' Use of the capsule sign on a signs by a variety of formulas is to be used on vertical canopies mansard-style fascia is prohibited. to determine allowable signage. 48"and wider.Two capsule signs A mansard fascia should be con- In these cases,pole-mounted.cap- are permitted per canopy.While it verted to a 36"or 48"three- sule signs take precedence over is not mandatory at this time to panel,two-reveal canopy giving canopy or building capsule signs. mount a capsule sign on the canopy, Capsule Sign Placement on Canopy Fascia ft �r ��� 36" 40111. �,-.�,���`--s':�=��'��'� ate.• ��� �� -- --- Edge of --- Capsule Sign Cans are - -- --- Canopy Painted Charcoal Gray conoco. ,, .s i 1-88 11 CITY OF ST. ANTHONY PLANNING COMMISSION BY-LAWS L. The number of meetings per month and a schedule of meeting dates shall be established and may be altered or changed at any regularly scheduled meeting. One regular meeting date is established each month on the third Tuesday at 7: 30 P.M. in the -Council Chambers 2 . Additional meetings may be held at any time upon the call of the chairperson or by a majority of the voting members of the commission or upon request of- the City Council following at - least twenty-four hours notice to each member of the commission. . 3 . The_ commission at its first regular meeting in January of each year shall elect a chairperson and vice-chairperson and shall also elect a recording secretary who need not be an appointed member (however, City staff usually contracts with an individual to perform this function) . 4 . The duties and powers of the officers of the Planning Commission shall be as follows:. A. Chairperson: (1) Preside at all meetings of the commission. (2) Call special meetings of the commission in accordance with -the by-laws. (3) Sign documents of the commission. (4) See that all actions of the commission are properly taken. B. vice-chairperson: During the absence, disability, or disqualification of the chairperson, the vice-chairperson shall exercise or perform all the duties and be subject to all the responsibilities of the chairperson. C. Recording secretary: (1) Give or serve all notices required by law or by the by-laws (performed by the City Clerk) . (2) Prepare the agenda for all meetings of the commission (performed by the City Clerk) . (3) Be custodian of commission records (performed by the` City Clerk) . (4) Inform the commission of correspondence relating to business of the commission and attend to such correspondence (performed by the City Manager or designee) . (5) Handle funds allocated to the commission in accordance with its directives, the law, and city regulations (performed by the City Manager) . (6) Sign official documents of the commission. 5. All maps, plats, and other matters required by law to be filed with the City Clerk. 6. Matters referred to -the commission by the City Council shall be placed on the calendar for consideration and action at the first meeting of the commission after such reference. 7. A majority of the members of the commission entitled to vote shall constitute a quorum for the transaction of business. 8. Reconsideration of any decision of the commission may be had when the interested party . for such reconsideration makes a showing - satisfactory to the chairperson and/or City Manager - that without fault on the part of such party essential facts were not brought to the attention of the commission. 9. Roberts Rules of Order are hereby adopted for the government of the commission in all cases not otherwise- provided for in these rules. 10: These rules may be amended at any meeting by a vote of the majority of the entire membership of the commission, and City Council approval, provided five (5) days' notice has been given to each member of the commission. 11. Deadline for Agenda: Deadline for filing for placement on the agenda for applications of any planning related issue shall be exactly one month prior to the meeting the applicant desires to be heard. 12. Order of Consideration of Agenda Items: The following procedure will normally be observed; however, it may be rearranged by the chairman for individual items. if-__-. necessary for the expeditious conduct of business: (1) Staff presents report and makes recommendation. (2) The Planning Commission may ask questions regarding the staff. presentation and report. (3) Proponents of the agenda items make presentation. (4) Any opponents make presentations. (5) Applicant makes rebuttal of any points not previously covered. (6) Planning Commission asks any questions it may have of the proponents, opponents, or staff, and then takes a vote. 13 . Deadline for Consideration of Agenda Items: No new agenda items shall be taken up after the agenda has been•approved by the Planning Commission- 14.' Designation of Voting Order: Voting to be by verbal vote; and the order of voting to be rotated each month except that the chairperson shall vote last. 15. • Any member of the Planning Commission who shall feel that he/she has a conflict of interest on any matter that is on the Planning Commission agenda shall voluntarily excuse himself/herself, vacate his/her seat, and refrain ' from discussing and voting on said items as a Planning Commissioner. 16. Each member of the Planning Commission who has knowledge of the fact that he/she will not be able to attend a scheduled meeting of the Planning Commission shall notify the City Manager at the earliest possible opportunity and, in any event, prior to 4: 30 P.M. on the date of the meeting. The City'Manager shall notify the chairperson of the commission in the event that the projected absences will produce a lack of quorum. 17. The chairperson shall be an ex officio member of all committees, with voice but no vote. 18. No member : may serve two (2) full consecutive terms as chairperson. 19. The vice-chairperson shall succeed the chairperson if he/she vacates his/her office before his/her term is completed, the vice-chairperson to serve the unexpired term of the vacated office. A new vice-chairperson shall be elected at the next regular meeting. 20. The by-laws may be amended at any meeting of the Planning Commission by a majority of quorum of the commission, provided that notice of said proposed amendment is given to each member in writing at least two weeks prior to said meeting. In addition, any amendment to the Planning Commission by-laws must be approved by the City Council. May 1992 Council SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 9:00am Clean Up Day,Recycling Center 3 4 5 6 7 8 9 6:30pm Council 8:30am Apache Cable Commission Work Session, Merchants Council Association Chambers (Room 9) 7:30pm Town Meeting (Stormwater) 10 11 12 13 14 15 16 7:00pm Historical 10:00am Staff Society Meeting(Room 7:15pm geFest 79 Vil a :30pm City (Room 9) Council Meeting, Council Chambers 17 18 19 20 21 22 23 12:00pm Chamber 7:00pm Friends of of Commerce the Library 8:00pm Planning Commission Meeting 24 25 26 27 28 29 30 MEMORIAL DAY 10:00am Staff -CITY Meeting(Room OFFICES 9) CLOSED 7. pm City Council Meeting, Council Chambers 31 Updated 5/15/92 1992 PLANNING COMMISSION Jerome Faust, Chair (2/90) (12/92) 4033 Silver Lake Terrace, 55421 789-7684 (H) Rick Werenicz, Vice-chair (1/86) (12/94) 3606 Harding Street, 55418 789-3442 (H) , 348-6451(W) Rosemary Franzese (1/83) (12/94) 3308-36th Avenue N.E. , 55418 789-0113 (H) James Gondorchin (1/91) (12/93) 3415 Maplewood,"`**55418 788-0172 (H) , 681-8912 (W) John :Madden (1/85). (12/93) 3701 Foss Road, 55421 781-7313 (H) , 292-4424 (W) Dennis Murphy (8/90) (12/94) 3412 Downers Drive, 55418 789-5723 (H) , 540-9344 (W) George Thompson (4/92) (12/92) 3015 39th Avenue N.E. 789-1501(H) 1 CITY OF ST. ANTHONY 2 REGULAR COUNCIL MEETING 5 APRIL 14 , 1992 6 7 Presentation 8 9 Salo, Finland is the St . Anthony Sister City. Last year a 10 delegation of residents from St . Anthony, which included members of 11 the St . Anthony Orchestra, visited Salo. At that time it was 12 indicated there was much interest among Salo residents to visit St . 13 Anthony this summer . 14 15 In attendance at this Council Meeting was Sauli Niinisto, who is 16 presently serving as the Chairman of the Salo City Council . He was 17 welcomed by the City Council . 18 19 Councilmember Marks , who visited Salo last year, stated that 20 Chairman Niinisto is the former police chief of Salo, previously 21 served as a judge, is a member of the Finland Parliament and a 22 member of the National Security and Defense Committee for Finland. 23 24 Chairman Niinisto presented a plaque to the Mayor which bore 25 symbols representing some of the City and Country ' s history. He was 26 presented with a pin, cap and sweatshirt all bearing the St . 27 Anthony logo. 4 30 31 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 32 33 Mayor Ranallo called the meeting to order at 7 : 30 p.m. and led 34 the Pledge of Allegiance . 35 36 2 . ROLL CALL 37 38 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth, 39 Fleming and Wagner . 40 41 Staff Present : City Manager Burt , City Attorney Soth, and 42 Management Assistant. Urbia. 43 44 3 . APPROVAL .OF APRIL 14-, '1992 COUNCIL AGENDA 45 46 Councilmember Wagner advised that a correction is necessary on 47 the amount for .approval to be paid to Dorsey & Whitney law 48 firm. 49 50 Motion by .Marks, second by Wagner to approve the agenda for 51 the April 14, - 1992 Council Meeting with one correction. 52 53 Motion carried unanimously I REGULAR COUNCIL MEETING 2 APRIL 14 , 1992 3 PAGE 2 4 5 6 7 4 . APPROVAL OF MARCH 24 ; 1992 COUNCIL MEETING MINUTES 8 9 Motion by Wagner, second by Fleming to approve the minutes of 10 the March 24 , 1992 Council Meeting as presented and there were 11 no corrections . 12 13 Motion carried unanimously 14 15 16 APPROVAL OF MARCH 31 , 1992 SPECIAL COUNCIL MEETING MINUTES 17 18 Motion by Marks , second by Wagner to approve the minutes of 19 the March 31 , 1992 Special Council Meeting as presented and 20 there were no corrections . 21 22 23 Motion carried unanimously 24 25 i 26 5. LICENSES/PERMITS/PETITIONS 27 28 Amusement Devices • 29 30 Motion by Marks , second by Wagner to approve the thirty-four 31 amusement device licenses for the St . Anthony Fun Center at 32 the St . Anthony Shopping Center . 33 34 35 Motion carried unanimously - - 36 - 37 38 Motion by Marks , second by Wagner to approve the three 39 amusement device licenses for Sheik' s Garden, Inc. located at 40 the Apache Plaza Shopping Center. 41 42 It was noted that this request is for existing machines . 43 44 45 Motion carried unanimously 46 47 48 Cigarette License 49 50 Motion by Marks , -second by Wagner to approve the cigarette 51 license for American Amusement Arcades located at the Apache 52 Wells . 53 54 Motion carried unanimously • 1 REGULAR COUNCIL MEETING APRIL 14 , 1992 PAGE 3 4 5 6 Contractor ' s Licenses 7 8 Motion by Marks , second by Wagner to approve the contractor' s 9 license for Suburban Lighting, Inc. located in Stillwater, Mn.. 10 11 Motion carried unanimously 12 13 14 Motion by Marks , second by Wagner to approve the contractor ' s 15 license for Asphalt Driveway Company located in St . Paul , Mn . 16 17 18 Motion carried unanimously 19 20 Juke Box License 21 22 Motion by Marks , second by Wagner to approve the juke box 23 license for American Amusement Arcades located in Apache 24 We 1,1 s . 25 26 Motion carried unanimously 40 6 . PRESENTATION OF CLAIMS 30 31 A. Barr Engineering 32 33 Motion by Marks , second by Enrooth to approve payment in 34 -the amount of $208 . 00 to Barr Engineering for 35 professional services rendered from February 2 , 1992 36 through February 29, 1992 relative to discussion of 37 preferred alternatives for final report regarding 38 District 6 . 39 40 Motion carried unanimously 41 42 B. Barr Engineering 43 44 Motion by Marks, second by• Enrooth to approve payment in 45 the amount of $204 . 54 to Barr Engineering for 46 professional services rendered from February 2 , 1992 47 through February 29, 1992 regarding the Highcrest Street 48 Outlet project . 49 50 Motion carried unanimously 51 52 C . Hance & LeVahn Law Firm Motion by Wagner, second by Fleming to approve payment in 1 REGULAR COUNCIL MEETING 2 APRIL 14 , 1992 3 PAGE 4 • 4 5 6 the amount of $2 , 400 to Hance & LeVahn Law Firm for 7 professional services rendered for the month of April , 8 1992 relative to St . Anthony prosecutions . 9 10 Motion carried unanimously 11 12 D. Dorsey & Whitney Law Firm 13 14 Motion by Marks , second by Wagner to approve paymentin 15 the amount of $2 , 181 - 48 to Dorsey & Whitney. Law Firm for 16 professional services rendered through February 29, 1992. 17 relative to various subjects . 18 19 Motion carried unanimously 20 21 E. Maier Stewart & Associates , Inc . 22 23 Motion by Enrooth, second by Marks to approve payment in 24 the amount of $6, 646 . 69 to Maier Stewart & Associates , 25 Inc . for engineering services rendered from February 9, 26 1992 through February 29 , 1992 relative ; to the Old 27 Highway 8 Plans and Specs . 28 •29 Members of the Council questioned the charge of $177 . 44 30 on the invoice from Maier Stewart & Associates . 31 32 The City Manager advised this was for hole punching the 33 budgets . The budget books were put together by the firm 34 for the first time this year . I'n the past RCM has put the _. 35 - --budget -books together -and -d-id not levy 'thi-s charge. - 36 37 This task is necessary as the City does not have a hole 38 punch device . The City Manager stated he will attempt to 39 have this charge waived by Maier Stewart & Associates . 40 41 Motion carried unanimously 42 43 44 F. Verified Claims 45 46 Motion by Marks , second by Wagner to approve payment of 47 the five pages of verified claims as prepared by the 48 Finance Director . 49 50 Motion carried unanimously 51 52 53 54 1 REGULAR COUNCIL MEETING APRIL 14 , 1992 PAGE 9 4 5 6 June Council Meeting, but will be brought to a Council 7 work session in May. 8 9 The Mayor felt the Task Force had done an outstanding job 10 with this project and the proposals . He noted that ; 11 members of the Task Force had viewed many plans . 12 13 Mayor Ranallo requested the City Manager to request the 14 City Attorney to look into having a tax increment 15 district extended to include the south end area . 16 17 Wexford Heights - New Brighton 18 19 The second phase of development has just opened in 20 Wexford Heights in New Brighton . 21 22 Considerable water runoff is being experienced from this 23 development in Silver Lake . The City Manager met with X24 Jerry Faust , Dr . Carr, and a representative of the 25 developer to discuss the water which is ponding on the 26 Salvation Army Camp grounds . He has also written to the 4 Rice Creek Watershed District regarding this matter . 29 There is natural drainage flow from the development into 30 the Camp grounds and the developer has made no provisions 31 for holding ponds . This activity is going to affect the 32 water quality in Silver Lake . 33 34 Dennis Palmer of Barr Engineering contacted the developer 35 of Wexford Heights where he was referred to the New 36 Brighton City Manager, who ultimately referred him back 37 to the developer . 38 39 The City Manager advised that there is a joint powers 40 agreement to study the water quality of Silver Lake. The 41 participants in the joint powers agreement are Ramsey, 42 Hennepin and Anoka counties and the cities of St . 43 Anthony, New Brighton and Columbia Heights . He noted that 44 St . Anthony will take the lead on this matter and ensure 45 that the water quality study is done appropriately. 46 47 It is still the intention of Ramsey County to widen the 48 intersection adjacent to Wexford Heights and the 49 Salvation Army Camp in its Silver Lake Road project . 50 51 Utility Eneray Audits 52 Minnegasco and NSP are required by law to provide services to it consumers . 1 REGULAR COUNCIL MEETING 2 APRIL 14 , 1992 • 3 PAGE 10 4 5 6 An offer has been received in City Hall from a utility 7 company to perform free energy audits and conduct a 8 seminar which will address energy issues . This offer is 9 focused on the elderly and low income population. The 10 City Manager noted that the energy audits wi11 be done by 11 a private, certified company so there will be no 12 possibility for an utility company profit or gain . 13 14 A resident mailing list has been requested as well as a 15 letter of support :for these activites which would be 16 signed by the Mayor . The Mayor suggested the letter be 17 signed by the City Manager. 18 19 Agenda Items for the May 26th Council Meeting 20 21 The City Manager advised that insurance renewals , the 22 1991 audit , and the RFP for auditors for the 1993 audit 23 will be on the agenda of the May 26th Council Meeting. 24 25 Recyclina Center 26 27 "Use it properly or lose it " is the suggested slogan for 28 the Recycling Center-. Urbia noted that the problems with 29 junk and non-recyclable debris being left at the • 30 Recycling Center continue . He felt this type of problem 31 is more evident in the Spring. 32 33 Councilmember Enrooth suggested that a fence be installed 34 which would make for improved operation. 36 Urbia advised there are funds from a Hennepin County 37 grant program which could be used to move the Recycling 38 Center . He felt there would not probably be enough funds 39 to pay for the whole move but a. portion of it . It was 40 noted that the grant is charged $250 each month for 41 operation of the Recycling Center and a portion of his 42 salary is taken from the grant . 43 44 There are on-going problems with recycled newspaper being 45 contaminated with magazines and catalogues . Urbia is 4-6 working on having a category which will address this 47 "mix . " 48 49 The Mayor felt if the problems cannot be controlled the 50 Recycling Center will be closed. 51 52 53 •54 I REGULAR COUNCIL MEETING 02 APRIL 14 , 1992 3 PAGE 5 4 5 6 7 7 . REPORTS 8 9 A. Council 10 11 Report of Councilmember Marks 12 13 Last Thursday, Ccuncilmember Marks participated in a 14 conference for Planning Commissions . This . is a second 15 level presentation of "Beyond the Basics . " Councilmember 16 Marks noted he had also participated in the first level 17 presentation earlier in the month . 18 19 Councilmember Marks stated that his active participation 20 is continuing on the affairs of the Sister City 21 Committee. 22 23 Report of Councilmember Enrooth 24 25 Councilmember Enrooth has been attending the bi-monthly 26 meetings every other Wednesday of the Hennepin County Waste Management Committee . These meetings are convened at 7 :30 a.m. 29 30 He noted that the issues being addressed by the Committee 31 will affect St . Anthony and Hennepin County for the next 32 five, years . Councilmember Enrooth noted some of the 33 issues which are being discussed, in particular, tipping 34 .- fees and funds which may be returned to the cities . 35 36 Report of Councilmember Fleming 37 38 Councilmember Fleming advised the Council of some of the 39 new information regarding the Village Fest Celebration . 40 41 A silent auction will be held for the first time this 42 year . Also, Bob Foster has been hired to entertain . It is 43 felt he will provide outstanding entertainment . 44 45 The next Village Fest meeting is scheduled in the 46 Community Center on May 11 , 1992 at 7 : 15 p.m. 47 48 Councilmember Fleming noted that meeting notices and 49 meeting minutes are no longer being mailed. 50 51 Mayor Ranallo has observed considerable enthusiasm about 2 Village Fest and that plans are really moving. He suggested that another set of bleachers. be borrowed and 4 1 REGULAR COUNCIL MEETING 2 .APRIL 14 , 1992 • 3 PAGE 6 4 5 6 placed near the main shelter in the park . Last year they 7 were a real convenience and it was felt to have another 8 set would be appreciated . He suggested contacting New 9 Brighton to borrow more bleachers . 10 ,11 The Mayor advised that Village Fest is planning a tennis 112 tournament also. He noted that the tennis courts are 13 scheduled for resurfacing before Village Fest . 14 15 Councilmember Fleming attended a seminar sponsored by the 16 Government Training Service in St . Cloud. Budgeting was 17 the main topic . She will report on this at the next 18 Council work session . At the seminar it was noted that 19 residents are not afraid of change , but rather are 20 concerned about the unknown . 21 22 Report of Councilmember Wanner 23 ,24 On behalf of the Garden Club, Councilmember Wagner 25 thanked the Council for the Certificate of Appreciation 26 received. 27 28 Mayor Ranallo requested he be apprised of any such • 29 matters of recognition or special awards as he would like 30 to be kept informed . 31 32 Councilmember Wagner noted that most people feel that CUB 33 will definitely be moving into the area of Apache Plaza 34 _ _ _ Shopp.in-g_ Center. _He feels the- reality_ of- the. matter is 35 -that everyone is waiting for Dennis Cavanaugh to address. 36 this matter. 37 38 He and the City Manager met with representatives of Super 39 Value today. He observed that Super Value appears to be 40 very enthusiastic to go ahead without having the City pay 41 all of the "freight . " Super Value has indicated a comfort 42 level with working with the City' s bond counsel , 43 Springsted Financial Advisors and the City' s legal firm, 44 Dorsey & Whitney. 45 46 Councilmember Wagner as well as other interested parties 47 will be meeting with Dennis Cavanaugh on April 15th. 48 49 He noted that CUB has indicated an interest in public 50 financing such as a Tax Increment Financing District . It 51 is their hope that a Wal-Mart will locate on one side of, 52 their building. 53 •54 Councilmember Marks noted that public financing may be REGULAR COUNCIL MEETING APRIL 14 , 1992 PAGE 7 4 5 6 needed for development and demolition purposes . Some of 7 the items to be financed could be drainage, water runoff , 8 utilities and relocation costs . 9 10 The City Manager advised there will be no need for funds 11 to do improvements . He felt everyone was supportive of 12 having CUB locate in St . Anthony . He regretted that a 13 recent newspaper article left the impression: that the 14 City is causing the delay . It was noted that neither City 15 staff nor Super Value representatives had breached the 16 communiction regarding the locating of the store in the 17 City. 18 19 He noted that there are four criteria which must be met 20 to be eligible for TIF funds . CUB is very excited at the 21 idea of having one of its stores located in the City and 22 is considering expanding the original size of the store 23 in the proposal . 24 25 Meeting to Discuss Bus Route 26 On Wednesday, April 15th, Mayor Ranallo will be meeting with an MTC Commissioner and a Minneapolis Park 29 Boardmember to discuss a bus route being placed down 30 Stinson Boulevard . This route will accommodate the public 31 transportation needs of residents at Kenzie Terrace and 32 Autumn Woods . 33 34 .The City Manager noted he has requested the City Attorney 35 to contact the MTC' s legal counsel regarding this matter 36 and report his findings back to the City Council . 37 38 39 Volunteer Recognition Week Proclamation 40 -- 41 Motion by Marks , second by Wagner to approve the 42 Volunteer Recognition Week Proclamation which designates 43 the week of April 26 - May 2 , 1992 as Volunteer 44 Recognition Week in St . Anthony. 45 46 Motion carried unanimously 47 48 Earth Day Proclamation 49 50 The St . Anthony Lion' s Club is sponsoring Earth Day and. 51 will be selling stickers to promote interest in the environment . The City Manager advised that the profits realized from 1 REGULAR COUNCIL MEETING 2 APRIL 14 , 1992 , 3 PAGE 8 4 5 6 sale of stickers will be used by the Lion' s Club for 7 beautification projects within the City. Currently, the 8 Lion' s Club has a project to clean up an area on 37th 9 Avenue near Stinson Boulevard. 10 11 Motion by Marks , second by Wagner to approve the 12 proclamation designating April 22 , 1992 as Earth Day in 13 St . Anthony. 14 15 Motion carried unanimously 16 17 Shriner ' s Reauest to Sell Onions on April 25th and April 18 26th, 1992 19 20 The sale of Vandallia onions is a project promoted by the 21 Shriner ' s Club with the profits to benefit the Shriner '-s- 22 Children ' s Hospital . 23 24 Councilmember Wagner stated that last year the order was _ 25 cut and many people had pre-ordered, leaving very little 26 to actually be sold on the designated day. He felt this 27 problem would be avoided this year- as the original •. 28 request for onions by the Shriner' s has been increased. 29 30 Motion by Marks , second by Enrooth to grant permission to 31 the Shriner ' s Club to sell onions in the City on April 32 25th and 26th, 1992 from 10 : 00 a.m. until 4.: 00 p.m. 33 - 34 - Ro-1-1- ca-1-1-: - Marks , Enrooth, F1-eming-, Ranallo - aye - 35 Wagner - abstain 36 37 Motion carries 38 39 40 B. Report of ' the City Manager 41 42 _Volunteer Appreciation Niaht 43 44 The City Manager reminded members of the Council to 45 R.S.V. P. for the Volunteer Appreciation -Night . 46 47 South End Task Force 48 49 The South End Task Force met on April 13th. BRW 50 Consultants presented three concepts for the south end. 51 - area and the Task Force presented a fourth . 52 •53 The concepts will be discussed at the April 21st Planning 54 Commission Meeting. They also w111 be on the -agenda for I REGULAR COUNCIL MEETING 0 APRIL 14 , 1992 PAGE 11 4 5 6 7 All residents pay for curbside recycling. The Mayor 8 observed that some residents have not yet contracted with 9 a rubbish hauler and are pooling their garbage with 10 neighbors . 11 12 Councilmember Fleming inquired if there is a way to 13 determine if users and abusers of the Recycling Center 14 are St . Anthony residents . Urbia responded there is no 15 way to know who is using the facility. 16 17 The Spring Clean-Up in St . Anthony is scheduled for May 18 2 , 1992 from 9 : 00 a .m. until 1 : 00 p.m. 19 20 Councilmember Enrooth felt additional information 21 regarding recycling rates should be included on the fee 22 schedule for non-residents . He also suggested that there 23 should be a discount for St . Anthony residents . 24 25 8 . PUBLIC HEARING 26 0 A. Community Development Block Grant Program - Public Hearina 29 30 Mayor Ranallo opened the Public Hearing at 8 : 25 p.m. This 31 was a later time than was originally scheduled to open 32 the public hearing, but the Mayor noted that no one had 33 left who wanted to appear at the public hearing. 34 35 Money from the Community Development Block Grant Program 36 must benefit low income residents . The City Manager 37 stated this is often a difficult criteria to meet in St . 38 Anthony. 39 40 Staff is recommending the funding for the following five 41 projects : 42 43 Single Family Housing Rehabilitation $10 , 000 44 Senior Citizens Program $ 5, 608 45 Kenzie Terrace Sidewalk Project $ 4 , 866 46 Handicap Accessible Playground 47 Equipment $ 4 , 507 48 Handicap Accessibility Study $ 3, 000 49 50 The City Manager advised that a consultant will provide. 51 information regarding the last two projects to comply with the American Disabilities Act . 1 REGULAR COUNCIL MEETING 2 APRIL 14 , 1992 3 PAGE 12 4 Motion by Marks , second by Enrooth to close the Public 5 Hearing at 8 : 30 p.m. 6 7 Motion carried unanimously 8 9 Motion by Marks , second by Wagner to approve Resolution 10 No. 92-024 being a resolution approving .projected use of 11 funds for year XVII of the Urban Hennepin County 12 Community Developmemt Block Grant Program. 13 14 Motion carried unanimously 15 16 9 . NEW BUSINESS 17 18 A. Appointment of Planning Commissioner 19 20 The Mayor advised that there were two applicants for the 21 Planning Commission vacancy. They were both interviewed 22 by the City Council . 23 24 Motion by Fleming, second by Wagner to appoint George 25 Thompson to the vacancy on the Planning Commission. 26 .27 Motion carried unanimously 28 29 Mayor Ranallo noted that Thompson was a long time 30 resident of St . Anthony and has a record of active 31 participation in affairs of the City. 32 33 Councilmember Marks was requested to contact Thompson to --encourage him- to attend a Planning Commission training 35 session.. - 36 37 Staff was requested to send a letter . to the other 38 applicant advising him of an environmental commission 39 which may soon be forming in the City. It was the opinion 40 of some of Councilmembers that he could bring 41 considerable expertise and knowledge to this type of 42 commission. 43 44 The Mayor requested staff to schedule a joint work 45 session between the City Council and the Planning 46 Commission with the purpose of getting better acquainted. 47 48 Councilmember Marks recalled that originally the 49 Volunteer Meeting only included those who served on the 50 City Council and on the Planning Commission and was not. 51 a dinner. 52 53 The City Manager noted that the June work session will 54 include plans for the south end of the City and the I REGULAR COUNCIL MEETING 0 APRIL 14 , 1992 PAGE 13 4 5 6 status of the CUB store. The Mayor requested the City 7 Manager to check the agenda for the May 19th Planning 8 Commission meeting and try to schedule a joint meeting on 9 that date between the City Council and the Planning 10 Commission . 11 12 B. Ordinance No. 1992-002 , Re: Increase in Water Rate 13 Charges (First Reading) 14 15 The City Manager advised this increase is for long term 16 funding for the granular carbon plant costs . He noted 17 that the increase is minimal at about seventy-five cents 18 per quarter per residence. 19 20 Motion by Marks , second by Wagner to approve the first 21 reading of Ordinance No. 1992-002 being an ordinance 22 relating to water rates ; amending Subds . 2 and 3 of 23 Section 550 : 00 of the 1973 Code of Ordinances of the City 24 of St . Anthony. 25 26 Motion carried unanimously 0 Recess Regular Council Meeting 30 Motion by Marks , second by Fleming to recess the Regular 31 Council Meeting at 8 : 35 p.m. to convene the Housing and 32 Redevelopment Authority Public Hearing. 33 34 Motion carried unanimously 35 36 - 37 Reconvening of Regular Council Meeting 38 39 The Regular Council Meeting .was reconvened at 8 : 55 p.m. 40. 41 C. Resolution No. 92-022 , Re: Amendments to Kenzie Terrace 42 Redevelopment Plan and Tax Increment Financing Plan 43 44 This resolution was prepared by the City At.torney. 45 46 Motion by Marks, second by Ranal.lo to approve Resolution 47 No'. 92-022 being a .resolution approving 1992 amendments 48 to the Kenzie Terrace Redevelopment Plan and the Kenzie 49 Terrace Tax Increment Financing Plan and making findings 50 with respect thereto. 51 52 Motion carried unanimously 1 REGULAR COUNCIL MEETING 2 APRIL 14 ; 1992 3 PAGE .14 4 5 6 10 . UNFINISHED BUSINESS 7 8 There was no unfinished business . 9 10 11 . ADJOURNMENT 11 12 Motion by Marks , second by Wagner to adjourn the Regular 13 Council Meeting at 9 : 00 p.m. 14 15 Motion carried unanimously 16 17 18 Respectfully submitted , 19 20 21 Jo-Anne Student , Council Secretary 22 23 24 25 Mayor Clarence Ranallo 26 27 28 29 30 ATTEST : 31 32 City Clerk 33 34 35 -- - 36 37 38 39 40 1 CITY OF ST. ANTHONY 2 3 REGULAR COUNCIL MEETING 4 5 APRIL 28 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 Mayor Rana 110 called the meeting to order at 7 : 30 p .m. and led 11 the Pledge of Allegiance . 12 - 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth, 16 Fleming and Wagner . 17 18 Staff Present : City Manager Burst and City Attorney Soth 19 20 3 . APPROVAL OF APRIL 28 , 1992 COUNCIL MEETING AGENDA 21 22 Motion by Marks , second by Wagner to approve the agenda for 23 the April 28 , 1992 Council Meeting with one addition to 24 Unfinished Business . 25 26 Motion carried unanimously 27 28 29 4 . APPROVAL OF APRIL 14 , 1992 COUNCIL MEETING MINUTES 30 31 Motion by Marks , second by Wagner to approve the minutes of 32 the April 14 , 1992 Council Meeting with the following 33 corrections : 34 35 page 1 , line 20 : Change " the" to "a" and delete "of Salo" 36 page 1 , line 21 : Delete "a" and add "an upper court judge of 37 Turku" 38 page 5, line 42 : Delete "has been" and "to" and change 39 "entertain". to "entertainment " 40 page 6, line 38 : Delete "He" and insert "The Mayor". 41 page 6, line 46 : Delete "Councilmember Wagner" and replace 42 with "The City Manager" 43 44 45 Motion carried unanimously 46 47 48 Presentations : Senator Marty and Representative McGuire 49 50 Senator Marty expressed his pleasure with the staff ' s updating 51 him on matters concerning St . Anthony. He noted he had heard 52 frequently about the water plant problems and their solutions . 53 54 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 2 4 5 6 Referring to the recently adjourned Legislative Session, 7 Senator Marty felt it had been productive and there was 8 considerable bipartisan cooperation . A good example of this 9 spirit of cooperation was the Healthright bill . The Senator 10 felt this was a step in the right direction to get a handle on 11 health costs , although it will be several years before the 12 cost savings and actual costs will be realized . 13 14 Senator Marty authored both a DWI bill and a Crime Package . He 15 noted that the Crime Package passed unanimously in both the 16 Senate and the House . 17 18 The Senator ' s position on the sales tax is that it affords 19 more equity . He noted that the Governor ' s proposed cuts on 20 Local Government Aids would not have impacted school 21 districts , counties or townships . The sales tax has more merit 22 as it affects all entities . 23 24 Representative McGuire advised that the Workers ' Compensation 25 bill which passed offers a sixteen percent reduction in rates , 26 controls medical costs and has administrative reforms . She 27 noted this legislation will be monitored closely to see if it 28 does what was intended . 29 30 The education reductions did not cut as much as if shifting 31 had been implemented . Violence prevention and criminal 2 incarcerations were funded dollar for dollar . A teacher 33 internship pilot program and higher education courses. for high 24 schools were fully funded . 35 _ - - — - - 36 Representative McGuire noted that the environmental issues did 27 not fare so well during this session . A landfill clean up 28 account was instituted and programs were put in place to 39 control eurasion milfoil . A park development program for the 40 metro area was also funded . other programs which were 41 addressed and implemented were energy efficient standards for - 42 highway lighting and funding of Metro Mobility. She advised 43 that the 1 . 2 million dollars allocated for Metro Mobility will 44 reduce some portions of the program if the agency does not 45 find additional funding. 46 47 Ramsey County has been authorized as an Housing and 48 Redevelopment Authority. This authorization will sunset in two 49 years . 50 51 Representative McGuire offered her assistance to the City with 52 the EPA regarding the granular carbon filtration plant . She 53 also indicated a willingness to help with the re-routing of 54 the MTC bus in St . Anthony . 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 3 4 5 6 The Mayor gave the current status of the re-routing issue . He 7 referred to the statutory authority of MTC to determine routes 8 for its buses . A letter will be sent under the Mayor ' s 9 signature which will address this authority . The letter will 10 be copied to Senator Marty , Representative McGuire and 11 Hennepin County Commissioner Makowske. 12 13 Representative McGuire ; noted that she is monitoring the 14 emissions from Metro Recovery Systems in Roseville . She will 15 be following up on the review process of all of the plants in 16 the area and will advise the councils of the respective cities 17 in the area . 18 19 She also has some information regarding bathroom requirements 20 which she will give to the City Manager. 21 22 Marks inquired what special items were not addressed during 23 the recent legislative session . He recalled that in the past 24 moving city financing away from property taxes had been a 25 consideration . He noted that Local Government Aids are always 26 a target for cuts . He wondered if there are any plans to 27 "revisit " this issue specifically in the form of a 28 Constitutional Amendment so funding for cities is unavailable 29 for " tinkering. " 30 31 Senator Marty observed that the Local Government Trust Fund 32 was supposed to be dedicated to that goal.. He felt giving 33 cities local options , such as the sales tax , would be prime 34 targets for "raiding" and that some communities have few . 35 options for local sales taxes . 36 37 Marks stated that a Constitutional Amendment could address 38 dedicating a certain portion of the sales tax for .Local 39 Government Aid . 40 41 Mayor Ranallo advised that St . Anthony has a "stand in place" 42 budget and when the projections of LGA came down things looked 43 even worse than first was thought . He felt the State should 44 start looking at its ' own spending. 45 46 The Senator felt the State did not receive great marks for 47 good budgetary processes . The State does to the cities what 48 the federal government does to the State . He noted that the 49 State refers to taxes as fees , charges , etc . Fleming suggested 50 some areas she felt the State could make cuts . 51 52 Representative McGuire advised that the reduction in transit 53 funding will impact the performance level of Metro Mobility in 54 St . Anthony . Fleming noted that an increase in fare box I REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 4 4 5 6 charges would solve the funding problem. 7 8 Marks stated that the Council may request some assistance if 9 it is decided to extend and continue some tax increment 10 financing districts . 11 12 13 5 . LICENSES/PERMITS/PRESENTATIONS 14 15 Contractors ' Licenses 16 17 Motion by Marks , second by Wagner to approve the contractor ' s 18 license for Rein Builders , Inc . , 949 Sibley Memorial Highway, 19 St . Paul . 20 21 Motion carried unanimously 22 23 24 Motion by Marks , second by Wagner to approve the contractor ' s 25 license for Dalco Roofing and Sheet Metal , Inc . , Plymouth, Mn . 26 27 28 Motion carried unanimously 29 30 31 Motion by Marks , second by Wagner to approve the contractor ' s 32 license for Taylor Construction Company, Minnetonka, Mn . 33 34 - 35 Motion carried unanimously 36 37 38 Motion by Marks , second by Wagner to approve the -contractor' s 39 license for Schreiber-Mullaney Construction Company, Inc. , 40 Woodbury, Mn . 41 42 Motion carried unanimously 43 44 45 Heatina Licenses 46 47 Motion by Marks , second by Wagner to approve the heating 48 license for Krinkie Heating and Air Conditioning, St . Paul , 49 Mn . 50 51 Motion carried unanimously 52 53 54 Motion by Marks , second by Wagner to approve the heating I REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 5 4 5 6 7 license for Comfort Plus Heating and Cooling, Centerville, Mn . 8 9 10 Motion carried unanimously 11 12 13 7 . PRESENTATION OF CLAIMS 14 15 A. Stuart J. Bonniwell 16 17 Motion by Marks , second by Fleming to approve payment in 18 the amount of $2 , 500 . 00 to Stuart J . BonniwelI , Certified 19 Public Accountant , for the Liquor Fund portion of the 20 1991 audit for St . Anthony. 21 22 23 Motion carried unanimously 24 25 26 B. Stuart J . Bonniwell ' 27 28 Motion by Marks , second by Fleming to approve payment in 29 the amount of $4 , 000 . 00 to Stuart J . Bonniwell , Certified 30 Public Accountant , for the 1991 audit for St . Anthony. 31 32 33 Motion carried unanimously 34 35 36 C . Grossman Chevrolet 37 38 Motion by Marks , second by Fleming to approve payment in 39 the amount of $14 , 549 . 00 to Grossman Chevrolet for a 40 pickup truck for the Public Works Department . 41 42 This purchase had been budgeted for and was the low bid 43 through the Hennepin County Purchase Agreement . 44 45 46 Motion carried unanimously 47 48 49 D. Verified Claims 50 51 Motion by Marks , second by Fleming to approve the three 52 pages of the verified claims . 53 54 Motion carried unanimously 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 6 4 5 6 SILVER LAKE ROAD EXECUTIVE SUMMARY FROM RAMSEY COUNTY 7 8 Dan Soler, Project Manager from Ramsey County Public Works 9 Department , stated he is attending the Council meeting at the 10 City Council ' s request . His purpose is to give an update on 11 the Silver Lake Road Reconstruction Project . The proposed 12 reconstruction will be on Silver Lake Road from Silver Lane to 13 I694 . 14 15 Soler advised that there are three options for the proposal : 16 1 ) cities can agree on the project and give their approval to 17 proceed ;- ( the cities involved are St . Anthony and New Brighton 18 along with Ramsey County) ; 2 ) recycle or overlay the roadway ; 19 or, 3 ) do nothing. 20 21 The Mayor inquired if the sidewalk on the west side of Silver 22 Lake Road adjacent to the Salvation Army Camp is still 23 included in the project . He was advised that this is still the 24 case . 25 26 Marks questioned if an environmental assessment needed to be 27 conducted. Soler responded that no wetlands will be impacted 28 by this project . No wetlands will be taken by it but perhaps 29 a narrower boulevard or retaining wall may have to be 30 considered to protect the wetlands and the marshy areas . 31 32 Enrooth observed that the impact which may be experienced by 33 the -development of Wexler Heights was not taken into account 34 regarding Silver _Lake when the project was_ initially being 35 considered. Burt stated that Silver Lake is already being 36 impacted upon by the runoff from the development . 37 38 Soler not that the developer of Wexler Heights has requested 39 having a storm sewer pipe installed on the county road in the 40, easement area . Soler felt this issue was separate from the 41 Silver Lake Road reconstruction project . He felt the Rice 42 Creek Watershed District will work very closely with St . 43 Anthony when dealing with storm water runoff of Silver Lake 44 Road. 45 46 Burt stated ghat at this point in time the sidewalk proposal 47 has been left in the plan and that the City Council has not 48 been requested to make a decision on that matter . He also felt 49 if CUB located a store in Apache Plaza there would be an 50 impact on the area and on the traffic on Silver Lake Road. 51 52 It was the observation of the City Manager that the original 53 plan for this reconstruction included a redesign of the 54 roadway to accommodate more traffic , but it was quickly scaled 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 7 4 5 6 7 down to make safer turn lanes . Now the additional traffic 8 generated by a CUB store should be a consideration . 9 10 Burt inquired if the "hourglass" design would be appropriate 11 or should the design have stayed as originally proposed. 12 13 Soler advised that the New Brighton City Council has indicated 14 it will not have a decision before May lst .. The City Manager. 15 suggested that the Council could meet at 5 : 30 p .m. on May 12th 16 with the New Brighton City Council to discuss the matter. He 17 will set up the meeting and its location . 18 19 20 7 . REPORTS 21 22 A. Council reports 23 24 Report of Councilmember Wagner 25 26 Wagner attended the Ramsey County League of Local Governments. 27 Meeting last week . The guest speaker was Mary Anderson , 28 Chairperson of the Metropolitan Council . She spoke on what the 29 Met Council is thinking rather than what the Met Council is 30 doing. He was relatively disappointed in the information she 31 presented . 32 33 34 Report of Councilmember Fleming 35 36 Fleming had nothing to report at this time. 37 38 39 Report of Councilmember Marks 40 41 Marks attended a meeting of the Sister City Committee on 42 Sunday. He noted that plans for the visit of representatives 43 from Salo, Finland are progressing very well . 44 45 46 Report of Councilmember Enrooth 47 48 Enrooth had nothing to report at this time . 49 50 51 Report of Mayor Ranallo 52 53 The Mayor noted that June 14th is Flag. Day and the One- 54 Hundredth Anniversary of the Pledge of Allegiance is being 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 8 4 5 6 7 observed . Citizens are being requested to pause on June 14th 8 at 6 : 00 p .m. to recognize this event . 9 10 The League of Minnesota Cities Annual Conference starts on 11 Tuesday, June 9th . This is the date of the: regular Council 12 Meeting. The Mayor suggested the date be changed to June 2nd. 13 14 Motion by Marks , second by Wagner to change the first Regular 15 Council meeting in June . to June 2 , 1992 . 16 17 18 Motion carried unanimously 19 20 21 The City Manager requested that those Councilmembers who plan 22 to attend the League of Minnesota Cities Conference let him 23 know as soon as possible so the early registration discount 24 can be gotten . 25 26 27 B. Report of the City Manager 28 29 30 1 . Sheik ' s Garden Restaurant Conditional Use Permit 31 32 The City Manager reviewed the history of this request . He 33 noted that there were some new conditions placed on -34 - gr-a-n-ting of - -the conditional use -permit by--the- Planning - 35 Commission in its recommendation for approval . _ 36 37 Approval of locating twenty-three amusement devices is 38 still the request . The original request was for -thirty- 39 three amusement devices . 40 41 Howard Knutson, a resident of Burnsville and a friend and 42 legal counsel to the owner of Sheik ' s Garden Restaurant , 43 advised the Council he is supportive of approving the 44 request . He again stated that the owner, Mr. Alwan , is 45 focusing on operating an establishment which would 46 attract families . It is Mr . Alwan ' s intention to monitor 47 the. behavior of those using the amusement devices very 48 closely. 49 50 Marks observed that the present proposal is identical to 51 the original one which would not allow pool tables on the 52 premises , decreased the number of amusement devices and 53 was in agreement for an annual review with the owner, the 54 City Manager and the Police Chief . I REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 9 4 5 6 Motion by Fleming, second by Ranallo to deny the request 7 of the owner of Sheik ' s Garden Restaurant for a 8 conditional use permit . 9 10 The Mayor stated his lack of support for the request is 11 based on the history of problems which have been 12 experienced in Apache Plaza with similar amusement 13 devices . He feels that this type of activity generates 14 extra police calls , is not desirable for public 15 convenience and has a negative impact on the welfare of 16 the City. 17 18 Marks inquired if there is a mix of adult and children 19 amusement devices . Knutson responded that is the plan . 20 The Mayor stated he had no problem with kiddy amusement 21 devices only , but could not support the fifteen adult 22 amusement devices being requested. Fleming had concern 23 with the " family environment " section of the application . 24 25 Knutson reviewed the floor plan again . He noted the 26 proposed placement of the amusement devices . It was his 27 opinion that the economics to make the operation viable 28 were very difficult and that the devices would aid in the 29 economics . 30 31 Wagner stated he had met with Mr. Alwan and requested he 32 decrease the number of amusement devices being requested. 33 34 Marks recalled that the Malt Shop had pool tables which 35 tend to attract the undesirable element about which the 36 Council appears to be concerned. Knutson inquired if the 37 Council would consider a modification of the request . 38 39 Mayor Ranallo responded that the purpose of the Council 40 is not to negotiate . He also noted that presently there 41 are four machines on the premises and only authorization 42 for three has been given. It was noted that one is not 43 operable. 44 45 Mary Ann Kuharski , 2709 Pahl Avenue, stated her 46 opposition to granting of the conditional use permit . She 47 is not supportive of having twenty-three amusement 48 devices on the premises . She felt there is a safety 49 factor which should be considered and questioned who this 50 establishment is interested in attracting . 51 52 Mr . Alwan felt the restaurant and the amusement devices 53 would be beneficial for the mall . 54 I REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 10 4 5 6 7 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 8 Marks - nay 9 10 Motion carries 11 12 13 2 . Restrictions on Silver Lake 14 15 The City Manager gave the history of the request for 16 restrictions being placed on activity on Silver Lake . In 17 response to the request , which was from a number of 18 residents who live on Silver Lake, the City Attorney 19 drafted an ordinance which would address these concerns . 20 A first reading was held of the ordinance. 21 22 In follow up to the issue, the City Manager found no 23 overwhelming. support of the ordinance among the 24 residents . He recommended no further action by the 25 Council . 26 27 A letter dated April 9, 1992 was received from the 28 President of the Silver Lake Residents Association . The 29 letter addressed the two factions of property owners and 30 their respective positions on usage and management of 31 Silver Lake, specifically motor boat activity. In his 32 letter it was noted that a compromise was arrived at 33 rather than a consensus of lake management and usage. 34 - -- - - 35 In light of this information, the City Manager presented 36 the-same draft ordinance for the Council ' s consideration, 37 but noted that the previous reading does not apply. Marks 38 questioned the language which suggested "no speed limit" 39 would be imposed . Burt stated this language had been 40 suggested by the Department of Natural Resources, noting 41 that "unregulated" would be a preferable term. He felt 42 this would be very difficult to enforce. 43 44 Enrooth observed that there are two counties and three 45 cities involved with Silver Lake and questioned any 46 possibility of enforcement by Ramsey County or the DNR. 47 He felt the only reality for enforcement may be a posted 48 notice. 49 50 Jerry Faust , 4033 Silver Lake Terrace, spoke in 51 opposition to the ordinance . He felt the issues are not 52 identified and there may actually be no problems . There 53 5.4 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 11 4 5 6 7 have been no police calls _to his _knowledge . He views the 8 whole situation as a selfish move by some lake property 9 owners . 10 11 It is the position of some property owners that fast 12 moving speed boats and snowmobiles area problem. Faust 13 stated that it is actually the slow moving boats which 14 erode the lake shore . He also has observed that powered 15 boats give way to unpowered boats . In the thirteen years 16 that Faust has lived on Silver Lake, he felt it has been 17 rather quiet most of the time . The public entrance to the 18 Lake is closed from 10 : 00 p.m. until- 6 : 00 a .m. . He also 19 noted that the problems which had been experienced with 20 jet skis were addressed by the Legislature last year and 21 these problems have ceased . 22 23 The City Manager noted that the all members of the Silver 24 Lake Residents Association should have been invited to 25 attend this meeting to discuss the ordinance . 26 27 The Mayor observed this ordinance would be very difficult 28 to enforce but it had been requested by the property 29 owners on the lake . 30 31 Faust was of the opinion that the issue is bigger than 32 just boat activity enforcement , noting that residents of 33 both St . Anthony and Columbia Heights use the lake. He 34 again referred to the fact that some property owners are 35 focused on protecting their own interests . 36 37 Dennis Cavanaugh feels the idea. of "privatizing" the lake 38 is outrageous and agrees- with Faust that the lake should 39 be for everyone ' s use . 40 41 The City Manager inquired if the .City Council wishes to 42 have another reading of the ordinance. The Mayor felt the 43 matter, should be brought to a public hearing. He directed 44 the City Manager to schedule a public hearing on the 45 matter and publish the hearing notice in the City ' s 46 paper . 47 48 49 3 . Update on Signal on 37th Avenue and Stinson Boulevard 50 51 The City Manager advised this project is almost ready to 52 be advertised for bids . Presently, the delay is because 53 of the documentation from the State which is necessary . 54 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 12 4 5 6 He hoped that Hennepin County would be in a position to 7 advertise for bids in the next thirty days . 8 9 Fleming inquired if St . Anthony, Columbia Heights , 10 Minneapolis and Hennepin County are all involved with the 11. project . The City Manager responded they were as well as 12 Ramsey and Anoka Counties . These two counties have waived 13 their involvement with the project . The Soo Line Railroad 14 and the utility companies are also involved. 15 16 4 . Cable Television 17 18 The City Manager noted that the City has no remaining 19 obligations to use the funds received from cable 20 television on "cable related" expenses . He went back many 21 years in cable records to research this matter . In 1991 22 there was $15 , 000 designated to the City from cable 23 profits . Over $9 , 000 of this money was given back to the 24 franchise . 25 26 The City has been informed it will be receiving a 27 playback machine . This equipment will afford City staff 28 considerable opportunities for use on the access channel . 29 Getting more city information and activities out to the 30 residents is a possibility and making of tapes for public 31 access is also a consideration . 32 33 Some of the Management Assistant ' s time will be charged 34 back to the cable_ fund. The City Manager_ advised _that 35 during the audit , fees can be dedicated. to cable . The 36 Finance Director has reviewed the cable records back six 37 years . The fees received by the City go up or down 38 because they are based on the expenses of the Cable 39 Commission . 40 41 The Mayor requested the City Manager to draft a list of 42 items for which the cable funding can used . The City 43 Manager will get input from staff on this matter . 44 45 5. Fire Department .1991 Annual Report 46 47 The Fire Chief stated there has been a gradual increase 48 in emergency medical calls . He noted that during the 49 ' 80 ' s there has been some building in the City which 50 would account for the increase. 51 52 There has been significant increases in the walk-ins to 53 the Fire Department requesting blood pressure checks and 54 reponses to other precautionary requests . 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 13 4 5 6 7 The Mayor requested some vigilance on the part of the 8 Fire Department staff to anticipate the purchase of large 9 pieces of equipment for the Department . He felt these 10 should be budgeted for before they were in a position of 11 need and the funds may not be available . 12 13 Use of the large fire truck has been decreased . The 14 policy is never take the large truck out for only one 15 purpose . The Chief noted that cars are used more than the 16 truck . 17 1.8 The City .Manager stated that a five year capital 19 equipment budget is being proposed . Two vehicles in the 20 Fire Department are twenty years old . 21 22 Enrooth questioned why there appears to be increased 23 activity on Monday . The Chief responded that the level of 24 activity is dependent on human activity . 25 26 Enrooth inquired if more medical training is needed for 27 the firefighters . The Chief responded that is happening 28 already and has been increasing for some time. 29 30 The Chief observed that the neighboring fire departments 31 have called on the St . Anthony Fire Department for 32 assistance more often than the reverse . 33 34 Mayor Ranallo noted that many favorable comments are 35 received regarding the Fire Department . The Chief felt 36 the residents have a considerable amount of confidence in 37 those who give service. 38 39 40 8 . PUBLIC HEARINGS 41 42 There were no public hearings . 43 44 45 9. NEW BUSINESS 46 47 A. Quotations for Road Materials and Water Department 48 Supplies for 1992 49 50 A memo was received from the Public Works Director with 51 recommendations for road materials and Water Department 52 supplies for 1992 . The City Manager advised they are all 53 low bids . 54 I REGULAR COUNCIL MEETING 2 APRIL 28, 1992 , 3 PAGE 14 4 5 6 7 Motion by Enrooth, second by Marks to approve the 8 recommendations of the Public Works Director for the 9 purchase of road materials and Water Department supplies 10 for 1992 as noted in his memo dated April 23 , 1992 . 11 12 It was noted that costs are based on usage for these 13 purchases . 14 15 Motion carried unanimously 16 17 18 B. Appoint Enaineer to do Analysis of the Drainaae System to 19 Ponds in Northeast Corner of Salvation Army Camp 20 21 The City Manager noted that the Wexford Heights 22 development is already into its second phase and there 23 appears to be no concern in place for drainage . 24 25 The Salvation Army Camp has hired Barr Engineering to 26 study the water quality. The Camp is impacted by the 27 water runoff from the Wexford Heights development as well 28 as water runoff from Silver Lake Road and County Road E. 29 30 It was suggested that St . Anthony, New Brighton, Ramsey 31 County, the Salvation Army Camp and the developer of 32 Wexford Heights all meet to discuss their mutual 33 concerns . The City Manager advised that St . Anthony will 34 take the lead in coordinating the solutions for water 35 runoff problems. He noted that Rice Creek Watershed 36 District will also be involved. The developer will pay 37 costs as will other entities for solutions . 38 39 A letter was received from Barr Engineering stating their 40 proposal for performing . an analysis of the drainage 41 system tributary to the ponds in the northeast corner of 42 the Salvation Army Camp. It was stated that the goal of 43 the study is to recommend the most cost effective 44 drainage system for the area, considering conveyance 45 needs , right-of-way and property concerns, and future 46 runoff treatment systems . 47 48 C . Approval of Contractor for Reconstruction of Old Highway 49 # 8 5_0 51 Six bids were received for the reconstruction of Old 52 Highway #8 . The low bid of $254 , 489 . 35 was from F.M. 53 Frattalone Excavating. This bid was under that 54 engineering estimate . I REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 15 4 5 6 7 Motion by Marks , second by Wagner to approve F.M. 8 Frattalone Excavating Company as the contractor for the 9 reconstruction of Old Highway #8 . 10 11 12 Motion carried unanimously 13 14 15 10 . UNFINISHED BUSINESS 16 17 18 A. Ordinance 1992-002 ; Re : Increase in Water Rates 19 20 Motion by Marks , second by Fleming to approve the second 21 reading of Ordinance No . 1992-002 which is an ord.inance 22 relating to water rates ; amending Subds . 2 and 3 of 23 Section 550 : 0.0 of the 1973 Code of Ordinances of the City 24 of St . Anthony . 25 26 Motion carried unanimously 27 28 29 B . Management at Stone House 30 31 The City Manager advised that Mannings have been trying 32 to find a suitable replacement to take over its 33 operation . He felt the equipment present.ly in place 34 should be purchased by the City to protect it from being 35 taken out by the mortgager . He and the Liquor Operations 36 Manager have viewed the equipment and felt the matter of 37 purchasing it can be negotiated with the bank . 38 39 Manning has in'-icated a willingness to continue to 40 operate the esta�Dlishment until January, 1993 . 41 42 Motion by Marks , second by Fleming to direct the City 43 Manager to purchase the equipment in an amount not 44 exceeding $30, 000 : 45 46 Motion carried unanimously 47 48 49 The Mayor inquired as to the condition of the basement in 50 the building. The City Manager responded that the booths 51 have been removed and some refurbishing has been done in 52 ancitipation of making this space available for community 53 meetings . The Mayor requested that the condition of the 54 carpeting also be looked at . 1 REGULAR COUNCIL MEETING 2 APRIL 28 , 1992 3 PAGE 16 4 5 6 7 8 11 . ADJOURNMENT 9 10 Motion by Marks , second by Wagner to adjourn the meeting at 11 9 : 45 p.m. 12 13 Motion carried unanimously 14 15 16 Respectfully submitted, 17 18 19 20 - 21 Jo-Anne Student , Council Secretary 22 23 24 25 26 Mayor Clarence Ranallo 27 28 29 30 ATTEST : 31 City Clerk 32 33 34 --- -- - - 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54