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HomeMy WebLinkAboutPL PACKET 06151993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101430 BOX: TO Folder: PL PACKETS 1993 Document: PL PACKET 06151993 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA June 15, 1993 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF MAY 18, 1993 MINUTES. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JULY 13, 1993 CITY COUNCIL MEETING. V. PUBLIC HEARINGS. A. PETITION FOR SIGN VARIANCE, LEROY SIGNS, INC. (AGENT FOR FIRST • BANK), 3928 SILVER LAKE ROAD B. APPLICATION FOR CONDITIONAL USE PERMIT, NANCY ANDERSON, TAN ME - APACHE PLAZA, 3800 SILVER LAKE ROAD C. APPLICATION FOR CONDITIONAL USE PERMIT, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST D. PETITION FOR VARIANCE, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST VI. MISCELLANEOUS. VII. STAFF UPDATE. VIII. COMMISSIONERS' COMMENTS. IX. ADJOURN. 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING MAY 18, 1993 4 5 6 I . CALL TO ORDER/PLEDGE OF ALLEGIANCE 7 8 The meeting was called to order at 8 : 00 p.m. with the 9 Pledge of Allegiance led by Chair Faust. Because of the 10 School Board elections held that evening, the meeting was .. 11 begun an hour later than the regular 7 : 00 p.m. starting 12 time. 13 14 II. ROLL CALL 15 16 Commissioners present: Thompson, Franzese, Murphy, 17 Gondorchin, Faust, Werenicz and Madden. 18 Commissioners absent: None. 19 20 Staff present: Management Assistant Dave Urbia. 21 22 III. APPROVAL OF APRIL 20, 1993 PLANNING COMMISSION MEETING 23 MINUTES 24 25 Motion by Madden, seconded by Gondorchin to approve the 26 minutes of the April 20, 1993 Planning Commission meeting Was presented. with no corrections . 29 Motion Carried Unanimously. 30 31 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO JUNE 8, 1993 32 CITY COUNCIL MEETING 33 34 Commissioner Franzese will represent the Planning 35 Commission at the June 8, 1993 Council meeting. 36 37 V. PUBLIC HEARINGS 38 39 A. Request for Subdivision/Plat Approval, Raymond A. 40 Hellickson,3901-3909 Silver Lake Road 41 42 The hearing was opened at 8: 05 p.m. by Chair Faust who 43 read the Notice of Hearing which had been published in the 44 May 5, 1993 edition of the St. Anthony Bulletin. 45 46 Approval was necessary for the tax increment financing 47 proposal for the St. Anthony Professional Building to be 48 erected on the two lots which would be combined into one 49 parcel. Mr. Urbia advised that the proposed building and 50 parking area met all requirements for commercial zoning. 51 He was requested to research the irregularity in size of 2 the County right-of-way. The Management Assistant indicated he knew of no plans for development of the empty 4 lot just east of this parcel on 39th Avenue. Planning Commission Meeting • May 18, 1993 Page 2 1 Kenneth H. Lee, 3904 Penrod Lane, reiterated his approval 2 of the development which he had indicated in his May 11th 3__ __— letter_ to.-the. Council,..-copies of which had been provided _ 4 the Commissioners . - He said his concerns regarding runoff 5 water onto his own property which is the closest and would 6 be the most affected, had been satisfactorily addressed by 7 the applicants . Dr. Hellickson had also assured Mr. Lee 8 that he intended to landscape the site in such a manner as 9 to improve the neighborhood. Mr. Lee perceived one of the 10 pluses of having offices on that property was the low 11 traffic which could be expected to be generated, 12 especially on weekends . 13 14 The public hearing was closed at. 8 : 10 p. m. 15 16 Motion by Franzese, seconded by Werenicz to recommend 17 Council approval of the request for subdivision/plat from 18 Raymond A. Hellickson for 3901-3909 Silver Lake Road. 19 20 Motion carried unanimously. • 21 22 B. Application for Garage Setback Permit, Leonard J. 2.3 Casanova, 3312 36th Avenue N. E. 24 25 The hearing was opened 8 : 12 p. m. by Chair Faust who read 26 the Notice of Hearing which had been published in the May 27 5, 1993 edition of the St. Anthony Bulletin. 28 29 Mr. Urbia corrected his staff report to indicate the 30 proposed garage would be 23 . 6 feet X 22 . 2 feet and would 31 maintain a four foot setback on the west with combined 32 sideyard setbacks of 12 feet, 4 inches . No dimensions 33 would surpass 24 feet and the total area would be 523 . 9 34 square feet where the Setback Permit allows up to 538 35 square feet. The Management Assistant told the 36 Commissioners he perceived this proposal exactly mirrored 37 the intent of amending the City Ordinance to create the 38 Garage Setback Permit. 39 40 Commissioner Franzese indicated that since Mr.Casanova was 41 her neighbor, she would be neither participating in the 42 discussions nor voting on the application. 43 44 Commissioner Madden thought the sideyard setback for the 45 front of the proposed might be a little less than the • 46 required four feet but it was assumed the house might not 47 have been positioned exactly plumb on the lot. Planning Commission Meeting * • May 18, 1993 Page 3 1 Mr. Casanova indicated he was requesting the permit 2 because he needed more garage room for two cars and had 3 noted that homes with single garages in the neighborhood 4 had remained longer on the market than those with double 5 garages . The applicant also said his home had a gable roof 6 with a one foot overhang which would be in compliance with 7 the setback requirements of the City Ordinance. 8 9 Mr. Casanova told Commissioner Werenicz he has 18 feet of 10 concrete driveway in front of the existing garage but 11 could not maintain the existing width at the curb cut 12 because of a large tree in that location. 13 14 The Public Hearing was closed at. 8:25 p. m. 15 16 Motion by Werenicz, seconded by Thompson to recommend the 17 City Council grant a Garage Setback permit to Leonard J. 18 Casanova, 3312 36th Avenue N. E. which would allow for a 19 four foot sideyard setback on the west side and combined sideyard setbacks of 12 feet, 4 inches where the City Ordinance calls for 5 feet and 15 feet respectively. 22 23 In recommending approval of .the request the Commission 24 finds that there were no neighbor objections to the 25 permit. 26 27 Voting on the motion: 28 Aye: Thompson, Murphy, Gondorchin, Faust, Werenicz and 29 Madden. 30 Abstention: Franzese. 31 32 Motion carried unanimously. 33 34 C. Application for Garage Setback Permit, Douglas & Julie 35 Henry, 3531 Skycroft Drive. 36 37 The Public Hearing was opened at 8 :27 p. m. by Chair Faust 38 who read the Notice of the Hearing which had been 39 published in the May 5, 1993, edition of the St. Anthony 40 Bulletin 41 42 Mr. Urbia explained that the applicants were requesting a 43 Garage Setback Permit to construct a second 22 feet X 24 44 feet double garage with an eighteen foot sideyard setback in the backyard to match the grandfathered sideyard setback of the existing house. The City Ordinance requires 7 a minimum sideyard setback from a public right-of way of Planning Commission Meeting • May 18, 1993 Page 4 1 30 feet. He indicated this request would not exactly fit 2 the intent of the Garage Setback Permit since the Henrys 3 already have a double garage. However, it would meet the 4 City' s concerns about the storage of boats and 5 recreational vehicles . 6 7 It was noted that the power line supports would most 8 likely be located right in the middle of the driveway 9 proposed for the new garage. It was also estimated that 10 the house north on Penrod only had a 15 foot sideyard 11 setback. 12 13 There were four neighbors present to express their 14 opposition to the permit. 15 16 Richard L. Trauba, 3600 Penrod Lane, reported there were 17 no other homes in that area which had two garages . He 18 felt the Henry lot was too small to accommodate two 19 garages . He said he could see an addition to the existing 20 garage as long as it was only one stall and was attached • 21 to the house. 22 23 Gerald Dunphy, 3104 36th Avenue N. E. , agreed with Mr. 24 Trauba's assessment that there were no other homes in the 25 Wilshire Addition with detached garages. He indicated 26 however, that there was a house on the other end of 36th 27 Avenue which had four stalls but he said he knew Mr. Henry 28 would have a problem with the setbacks on his property if 29 he tried to match that garage. 30 31 Delores Bury, 3008 36th Avenue N.E. , said she would be 32 looking right at the new garage from her back yard and 33 would be "very disappointed" to have detached garage 34 allowed. She would not however be opposed to having an 35 addition to the existing garage. 36 37 A letter from Walter and Addie Hunt, 3000 36th Avenue, 38 indicated strong opposition to authorizing a two car 39 garage addition to the Henry home. 40 41 Mr. Henry addressed his application by saying he and his 42 wife had only purchased the corner property because they 43 thought they would be allowed the proposed detached 44 garage. He said a City official had advised him that he 45 could put the second garage on the property without a 46 variance as long as it would be 45 feet from the curb. The Planning Commission Meeting May 18, 1993 Page 5 1 applicant had provided copies of his arguments in favor of 2 the permit for the Commissioners . 3 4 Mr. Henry indicated he thought the garage would look 5 better 12 feet closer to the street than twelve feet 6 further away. He said the appearance of his home was very 7 important to him. His plan was to spend an extra $1, 200 8 to stucco the garage to match the house. He added that a 9 shorter driveway would prevent any future owner of the 10 property from parking boats, etc. in front of the garage 11 because the grade would be too steep. On the other hand, 12 a driveway 12 feet longer would be more level . If he 13 isn't allowed a double garage to park two vehicles in 14 there will probably be either a boat or a snowmobile 15 parked outside. 16 17 Mr. Henry indicated his intent to plant shrubbery and 18 bushes around the proposed garage as a buffer for the 19 neighbors ' view. This would include a hedge where the fence is now and three more trees . He said the neighbors across the street weren't "excited" about his plans but 22 hadn't opposed them either. The neighbor north of him had 23 indicated he was not opposed to the proposal as long as 24 Mr. Henry continued the existing fence to prevent people 25 from cutting through. Mr. Henry reiterated that he 26 perceived a nice stucco garage would look a lot nicer than 27 a cement slab with a boat and snowmobile which are in 28 storage now parked on it. 29 30 The applicant noted that almost all the houses and garages 31 on Penrod all the way up to 37th Avenue maintained the 32 same setbacks from the street as his home, having been 33 grandfathered into the Ordinance. 34 35 When asked why he didn't just make an addition to his 36 existing garage, Mr. Henry said he had gotten bids on that 37 and a detached garage and found it would cost him $33, 000 38 to attach extra stalls with a small addition to a bedroom 39 while the detached garage with the same stucco finish as 40 the house would only cost him $14, 000 . the latter was all 41 the couple could afford at this time he added. He would 42 just meet the 30% ordinance restriction with the garage 43 located where he had proposed a garage with a 45 foot 44 sideyard setback from the street would require a 12 foot 105 long driveway and would take up too much of his backyard, 6 the applicant said. And even then he might only be able 47 to have a stall and a half structure and would have to Planning Commission Meeting May 18, 1993 Page 6 1 construct a two stripped driveway besides to meet the 30% 2 ordinance restriction. 3 4 Mr. Henry agreed with Mr. Murphy that he might have to run 5 the driveway around the guidelines but said that would be 6 no problem for him. He indicated he had contacted NSP but 7 hadn't gotten a response yet. 8 9 The Public Hearing was closed at 9 : 00 p.m. for Commission 10 discussion. 11 12 Commissioner Thompson said he thought Mr. Henry had 13 researched his proposal very well. He also perceived the 14 applicants had gone out of their way to accommodate the 15 neighbors by proposing berming, landscaping, and a nice 16 looking building to make the proposal more acceptable. 17 Although he was also concerned about maintaining a 30 foot 18 right-of-way, the Commissioner added that he perceived a 19 pleasant looking structure which would be compatible with • 20 the house and the property would be less unsightly in the 21 backyard than having all kinds of recreational vehicles 22 parked back there instead. 23 24 Commissioner Madden indicated he could look more favorably 25 on the request if the garage were going to be closer to 26 the house and not taking up so much of the backyard. He 27 wondered if the garage couldn't be erected just far enough 28 away from the back of the house as to permit a bedroom, 29 breezeway or patio at a later date at a cost which might 30 be easier for the young couple to afford later on. 31 32 Commissioner Gondorchin agreed with that suggestion saying 33 he perceived the applicants would be ruining a nice 34 backyard by putting a garage back so far. He said a 35 structure closer to the house would also be more 36 acceptable to him and would more closely match what other 37 property owners in that area have already done without 38 ruining the character of the neighborhood. 39 40 Commissioner Franzese said she had mixed reactions to the 41 proposal since the City policy has been to encourage the 42 storage of recreational vehicles away from the neighbors' 43 view. She added that it was unfortunate the garage wasn't 44 on the other side of the house since homeowners just a 45 short distance away had been able to increase a double 46 garage sited on the that side of the house to three stalls 47 without a variance. However, she indicated she was • Planning Commission Meeting May 18, 1993 Page 7 1 leaning more closely towards opposition to the permit 2 because she did not perceive the Garage Setback Permit had 3 been intended for detached buildings but rather had been 4 tailored for converting existing single garages to double 5 to meet the types of vehicles most of today' s families 6 possess . 7 8 Commissioner Thompson reacted to the other Commissioners' 9 comments by modifying his first reaction to the proposal 10 by saying he could now see where it would be better to 11 have the proposed garage sited closer to the house, 12 especially as long as Mr. Henry followed through with the 13 landscape buffering he was proposing. 14 15 Commissioner Werenicz stated that he had to oppose the 16 garage which had been proposed because it appeared one 17 side would be built right up against a utility easement. 18 He perceive moving the guide wires would only transfer a 19 maintenance nuisance to someone else' s property. 'It was also his contention that . the Garage Setback Permit had only been intended to allow the expansion of one car 22 garages on older homes in the community. The Commissioner 23 said he seriously doubted that anyone wanted to see a 24 precedent set for double garages in backyards which in his 25 opinion, would be totally out of character for St. 26 Anthony. 27 28 Chair Faust agreed that the proposal certainly didn't 29 appear to meet the intent of the permit when it was 30 established. He also questioned whether a structure 31 further back on that property with a 12 foot driveway 32 could satisfy the 30% criteria set for backyards . 33 34 Motion by Madden, seconded by Murphy to recommend the 35 Garage Setback Permit requested by Douglas and Julie 36 Henry, 3531 Skycroft Drive, be denied by the City Council. 37 In the interest of not having recreational vehicles parked 38 on driveways, etc. , the Commissioner wouldn't want the 39 idea of additional storage space completely abandoned for 40 this property. Rather they recommend the applicants be 41 encouraged to work with staff to find some way of 42 modifying their plans so as to erect the structure they 43 proposed closer to the house in the hopes of its 44 eventually becoming an attached garage. Motion Carried Unanimously. 47 Planning Commission Meeting • May 18, 1993 Page 8 1 D. Variance Request, James A. Sarna, Stop-N-Save, 3529 2 Stinson Boulevard 3 4 The Public Hearing was opened at 9 : 06 p. m. with Chair 5 Faust reading the Notice of Hearing which had been 6 published in the May 5, 1993 edition -of- the St. Anthony 7 Bulletin. 8 9 The Chair noted that the Commissioners hadn't received any 10 of the documentation for the proposal in their agenda 11 packets . He indicated that they had the option of tabling 12 without consideration or tabling later in the meeting if 13 they perceived the need for more information. The fact 14 that the proposal had received a. concept review at the 15 Commission' s April meeting, prompted the Commissioners to 16 suspend the rules governing deadlines for submitting 17 documentation for a proposal . 18 19 Mr. Urbia indicated the applicant had reduced the width of 20 the canopy over the gas pumps from 32 feet to 28 feet. • 21 However, even the reduced size would require a 10 foot 22 setback variance from 33rd Avenue N. E. and 18 feet from 23 Stinson Boulevard. Thirty five foot setbacks from the 24 street are required for both sides which the City 25 Ordinance treats as front yards. 26 27 The Management Assistant had been requested to research 28 the number of setback variances granted to the Amoco 29 Station on 37th and Silver Lake Road. His research 30 indicated only a 13 foot variance had been granted there 31 since 1985 . 32 33 Mr. Sarna confirmed that the previous request for a canopy 34 32 feet X 32 feet had been pared down to only a 32 foot X 35 28 foot canopy and concrete slab, with no changes in the 36 angle for the canopy. He assured the Commissioners that 37 he planned no signage on the canopy. 38 39 The Public Hearing was closed at 9 : 15 p.m. 40 41 Chair Faust indicated he still found the canopy obtrusive 42 on that corner where the station can be seen from all 43 directions . He said there are residences adjoining all 44 the commercial on each corner and there have been several 45 proposals for residential development on the vacant corner • 46 across the street. 47 Planning Commission Meeting • May 18, 1993 Page 9 1 Commissioner Murphy indicated that with a new fence and 2 the landscaping promised by Mr. Sarna, he thought this 3 _ proposal would be a marked improvement to the appearance 4 of -that corner where there are some very unattractive 5 appearing businesses across Stinson and an abandoned gas 6 station on the other side of 33rd Avenue N. E. 7 8 Commissioner Franzese pointed out that the gas 9 station/store was an approved use for 'that property and by 10 helping the owners to improve their business the 11 Commission would be fulfilling the City' s desire to have 12 its businesses succeed and be competitive. 13 14 Motion by Franzese, seconded by .Werenicz to recommend the 15 City Council grant variances of 12 feet on the 33rd Avenue 16 side and 12 feet on the Stinson side to ,Tames A. Sarna for 17 the 32 foot X 28 foot canopy over the gas pumps at the 18 Stop-N-Save Store, 3259 Stinson Boulevard. 19 Voting on the motion: Aye: Franzese, Werenicz, Thompson, Murphy, Gondorchin and 22 Madden. 23 Nay: Faust 24 25 Motion carried. 26 27 E. Rezone Properties East of Silver Lake Road and South of 28 TCF Bank from R-2 and R-4 to Commercial 29 30 The Public Hearing was opened at 9 :21 p. m. with the Chair 31 reading the Notice of Hearing which had been published in 32 the May 5, 199 edition of the St. Anthony Bulletin. 33 34 Mr. Urbia pointed out that the requested action would 35 correct a miszoning in the area to bring it into 36 conformance with the City of St. Anthony Comprehensive 37 Land Use Plan. He added that the Cub Food development at 38 Apache should generate interest in and facilitate 39 commercial service development for this property. 40 41 The Ramsey County Traffic Engineer's response to Mr. 42 Urbia's query regarding allowable accesses to Silver Lake 43 Road had been distributed to the Commissioners. The 44 engineer had advised that the only accesses which would be 5 allowed along the east side of Silver Lake Road south of 39th Avenue would be right in, right out, with no median 7 cuts for left hand turns. The County had also perceived Planning Commission Meeting • May 18, 1993 Page 10 1 the construction a right in, right out access at either 30 2 feet or 170 feet from the TCF curb cut would not cause any 3 potential traffic problems . The possibility of any 4 business locating next to TCF negotiating an access 5 agreement with the bank had also been suggested to a bank 6 official . 7 8 Copies of letters supporting the rezoning from the two 9 property owners had been distributed. Kenneth Lee who had 10 spoken in support of the proposed development of the 11 professional offices north of TCF, related his long 12 history of property ownership in that area including the 13 land where Apache and TCF had been built. The property 14 owner pointed out that he . had unsuccessfully tried to sell 15 the two lots proposed to be rezoned that evening to TCF 16 for half the price they were asking for the lot they own. 17 Mr. Lee assured the Commissioners that the soil on all 18 three lots is made up of only subsoil from the Apache 19 development. Subsoil tests have indicated blue clay way 20 down which Mr.Lee perceived anyone who bought the land for • 21 development would be able to overcome. 22 23 Commissioner Franzese suggested that with his wealth of 24 information about the growth of the Village, Mr. Lee would 25 certainly be a valuable addition to the St. Anthony 26 Historical Society. 27 28 Ruth Nelson, 3916 Macalaster Drive, who lives in the .area 29 wondered why when so many TCF customers have to park on 30 the adjoining streets during busy times, the bank didn't 31 keep the lot it owns for additional parking space it 32 certainly needs . She was quite concerned about the use of 33 a general commercial classification for the property to be 34 rezoned perceiving there could be some undesirable uses 35 which might come under such a general classification. 36 37 Mr. Urbia told her there are permitted uses, conditional 38 uses, and prohibited uses under that classification. He 39 said even permitted uses have all kinds of restrictions 40 like parking area . requirements and any proposal which 41 can't meet those restrictions would simply not be allowed 42 to develop that space. The Management Assistant cautioned 43 against narrowing down the classification saying the 44 market would probably govern what goes in that space 45 anyway. He addressed Mrs . Nelson's concerns about a • 46 development like a potato chip factory going into that 47 space by saying that use would be classified as Light • Planning Commission Meeting May 18, 1993 Page 11 1 Industrial and would never be considered for the subject 2 property. Its size would also prohibit a use like a 3 restaurant and there wouldn't be enough room for most 4 retail development. 5 6 The Public Hearing was closed at 9 : 36 p.m. 7 8 Commissioner Werenicz indicated he favored rezoning to 9 Commercial since he could see no viable use for the 10 property if. it were left residential . He thought its 11 classification should be changed to match the development 12 around it. He added that there would be plenty of 13 opportunities for the residents in the area to react to 14 any proposed development. 15 16 Chair Faust said his first concern had been that a fast 17 food establishment might try to locate there. However Mr. 18 Urbia' s assurances to Mrs . Nelson that systems are in 19 place to prevent that from happening and to encourage the 4k type of service business which would be best for that property had alleviated those concerns . 22 23 Motion by Murphy, seconded by Madden to recommend the City 24 Council rezone to C (General Commercial District) the 25 following properties; 26 27 * Lot 7, Block 7 of Mounds View Acres Second Addition 28 which is presently zoned R-4 (Multiple Family Residence 29 District) ; 30 31 * Lot 8, Block 7 of Mounds View Acres Second Addition is 32 presently zoned R-2 (Two Family Residence District) ; 33 34 * Lot 9, Block 7 of Mounds View Acres Second District 35 which is presently zoned R-2 (Two Family Residence 36 District) . 37 38 Motion carried unanimously. 39 40 VI. MISCELLANEOUS 41 42 A. Discussion of Kenzie Terrace Area 43 44 Chair Faust indicated the information the Management Assistant had provided in the agenda packet was in response to the Commission desire to take a more proactive Planning Commission Meeting • May 18, 1993 Page 12 1 role in the planning issues which the City is currently 2 grappling with in that area. , 3 4 Staff had provided this information as a stimuli for 5 creative thinking and not necessarily for immediate action 6 the Chair indicated. He said he anticipated the 7 discussions would be continued over several meetings . A 8 brief overview of developments related to the Bona 9 station, the bowling alley, and Kentucky Fried Chicken 10 restaurant was given that evening. The Commissioner' s 11 comments centered primarily on improvement of the Firstar 12 Bank area with emphasis on measures to further identify 13 the Lowry/Stinson area as the gateway to St . Anthony. The 14 importance of including the property occupied by the 15 mobile home park in any upgrading efforts was 16 acknowledged. 17 18 VII. STAFF UPDATE 19 20 Therapeutic Massage Commercial Use 21 22 The Management Assistant' s memo on the issue had advised 23 reception of a proposal from the tanning salon owner to 24 sublease a portion of her business to allow a therapeutic 25 graduate to establish a service there. The precedent for 26 this use in St . Anthony had already been established. Mr. 27 Urbia provided copies of the conditions set for that 28 applicant for Commission consideration before the proposal 29 is formally presented, possibly at their next meeting. 30 Questions which were raised about the wording of the first 31 condition will be resolved before that meeting. 32 33 Concept Review of Proposed Garage Addition, 2803 33rd 34 Avenue. N.E. 35 36 The proposal was ,for a garage addition which would be only 37 a foot from the property line. The Commission consensus 38 was that the proposal wouldn' t meet the criteria for 39 either sideyard or overhang setbacks established for the 40 Garage Setback Permit . An example of a possible violation 41 of setback requirements on a new three car garage addition 42 on Chelmsford was noted. 43 44 In regard to her neighbor' s request for a permit for a 45 garage addition on which she had abstained from voting, 46 Commissioner Franzes told the Commissioners all the houses Planning Commission Meeting May 18, 1993 Page 13 1 in that Billman Addition are not sited exactly plum with 2 their front property lines . 3 4 Marquette Bank Signage Change with Transfer of Ownership 5 6 Mr. Urbia alerted the Commissioners to a future hearing 7 they will be holding related to a logo change for First 8 Bank. There will probably be a reduction in the sign size 9 he added. 10 11 Upcoming Hearing on Bona Property Changes 12 13 Mr. Urbia reported the owners of the gas station had 14 reached an agreement with the City related to the 15 elimination of the 27th Avenue access. The applicant 16 would now be requesting a variance for the gas pump 17 canopy. He also reported the addition of more pumps would 18 require changes in the Conditional Use Permit already held 19 by the station. �l Council/Staff March Retreat 22 23 The Chair expressed his appreciation of the report in the 24 Commission agenda packet.A brief discussion of the 25 recreational vehicle parking issue followed with 26 Commissioner Madden commenting that he knew the issue was 27 still very much alive in the minds of many residents . 28 Commissioner Werenicz agreed saying he perceived those 29 residents often failed to attend the meetings on the issue 30 in contrast to the status quo proponents who have always 31 turned out in force for those meetings . 32 33 VIII. COMMISSIONERS COMMENTS 34 35 More Timely Scheduling of Public Hearings 36 37 Commissioner Madden said he thought the inaccurate 38 estimation of hearing times that evening demonstrated the 39 validity of past requests for more realistic scheduling. 40 He acknowledged the difficulty in predicting the time each 41 hearing will take but said he perceived some irritation on 42 the part of at least one petitioner that evening at having 43 to sit through several hearings which had been scheduled 44 to be conducted close to his own scheduled starting time. 5 The Commissioner cited a long article in a recent local newspaper which had pointed to similar irritations the 7 public perceives it has to endure to get anything done by Planning Commission Meeting May 18, 1993 Page 14 1 public officials . He said he didn't think citizens should 2 have to sit as long as some had that evening. 3 4 Mr. Urbia commented that the last applicant had also been 5 very late in submitting the necessary documentation for 6 that hearing and added that such tardiness had been more 7 the rule than the exception with those particular 8 applicants . He said the hearings are usually scheduled 9 for shortly after the meetings begin "or as soon 10 thereafter as possible" so as to avoid long waits between 11 hearings if they're over sooner than expected. 12 Commissioner Murphy commented he had noticed even 13 corporation meetings were rarely held at their scheduled 14 times. Commissioner Werenicz noted the Commission had 15 reached motions much quicker than usual that evening 16 because it seemed as though repetitive discussions 17 preceding motions had somehow been avoided. Commission 18 Franzese' s suggestion to schedule public hearings at least 19 15 minutes apart was accepted for trial for the next few 20 meetings . It was agreed that issues farther down in an r 21 evening's agenda schedule could always be moved up to fill 22 in any time gaps. 23 24 Commissioner Murphy' s Resignation 25 26 An acceleration in business responsibilities which had 27 forced him to miss several meetings this year as well as a 28 desire to devote any time he can to family 29 responsibilities had forced him to reluctantly offer his 30 resignation that evening, Commissioner Murphy explained. 31 He added that he had enjoyed his service on the Commission 32 very much and speculated there might be period when 33 diminishing scheduling conflicts in the future might open 34 the opportunity for him to serve the community again. 35 36 Chair Faust expressed the Commissions' appreciation of 37 Commissioner Murphy's insight and different approach to 38 issues which had come before them during his tenure. He 39 added though they hated to -see him leave all the 40 Commissioners were in sympathy with his sense of duty to 41 family over business. 42 43 Motion by Madden, seconded by Franzese to thank 44 Commissioner Murphy for his many contributions to the 45 Planning Commission work and compliment him on his 46 demeanor and cooperative manner. The Commissioners wish 47 their departing member all the goodwill possible with the Planning Commission Meeting May 18, 1993 Page 15 1 hope a change in circumstance might present the 2 opportunity of working together sometime in the future. 3 4 Motion Carried Unanimously. 5 6 Staff Report on Signage Research and Other Old Business 7 8 Mr. Urbia reported he had measured the carpet cleaning 9 sign he had been requested to research and found it took 10 up half the window of that particular business . However, 11 other pressing City business had prevented him from doing 12 the requested research on informational signage. He 13 explained the procedure Commissioners need to follow if 14 they want the City to pay for -their memberships in outside 15 organizations . The Management Assistant brought the 16 Commissioners up-to-date on the latest developments 17 related to the Cub Food Store going into Apache including 18 City proposals to aid in correcting drainage problems 19 associated with the development. There was a discussion of how much flexibility there 22 should be in the by-laws requiring a month's notice before 23 an application can be presented for a hearing before the 24 Commission. It was agreed that a concept review of an 25 application might justify a little more leniency when it 26 came to Commission consideration of a proposal at a later 27 meeting, as had happened with the Sarna application that 28 evening. Commissioner Gondorchin indicated he perceived 29 this to be an added value smaller communities were able to 30 offer their constituents. 31 32 Salvation Army Open House 33 34 Chair Faust issued an invitation to Commissioners to 35 attend the May 24th event and get a first hand look at a 36 community asset on they might not have had an opportunity 37 to see before. 38 39 %I. ADJOURNMENT 40 41 Motion by Murphy, seconded by .Werenicz to adjourn the 42 Planning Commission meeting at 10:30 p.m. 43 44 Motion Carried Unanimously. 7 Planning Commission Meeting May 18, 1993 Page 16 1 Respectfully submitted, 2 3 - - 5 6 Helen J. Crowe, Acting Secretary 7 • STAFF REPORT DATE: June 3, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: PETITION FOR SIGN VARIANCE, LEROY SIGNS, INC. (AGENT FOR FIRST BANK), 3928 SILVER LAKE ROAD Background I have included the minutes from the February 18, 1991 Planning Commission meeting, where a variance has granted to Marquette Bank to allow two additional wall signs. The hardship was that only one of the three signs will be seen at a time. The proposed replacement signage has'less surface area than the existing signage. Recommendation Precedence has been set. Recommend to the City Council to approve the petition for sign variance, citing hardship and precedence. The Planning Commission may wish to have a hours of illumination condition. • • Date: May 17, 1993 Fee: $100.00 CITY OF ST. ANTHONY Petition for Sign Variance Applicant: Leroy Signs, Inc. Address: 6325 Welcome Ave. N. Phone: 535-0080 Status of applicant (owner, buyer, renter, agent, etc.): Agent for First Bank Contact at FBS is Mr. Bob Everson - 973-3054 Street address and/or legal description of property petitioned for variance: 3928 Silver Lake Road, St. Anthony, MN Zoning district in which property is located: Request: A variance to install (2) two sets of signs at the above location. • Minnesota Statutes and City Ordinances require that the following conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1. The granting of the variance will not be detrimental to the public welfare or iniui rious to other property in the neighborhood or village. See attached letter 2. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. See attached letter. 3. The conditions upon which the applications for a variance are based are uni ue to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. See attached letter. Signature of Applicant Date: s��I/%3 05 -17- 93A 1 u . 00c 6325 "Welcome" Ave. North LEROY SIGNS INC. Minneapolis, Minnesota 55429 Quality has no substitute. 612-535-0080 - FAX: 612-533-2593 0 L , May 17, 1993 I Li City of St. Anthony r 0 3301 Silver Lake Road Ui St. Anthony, MN 55112 r RE: First Bank 0 3928 Silver Lake Road 2 Dear Sirs: U o Leroy Signs, Inc. will be representing First Bank in obtaining a C w signage variance at 3928 Silver Lake Road. `U o U Apparently, under your current sign regulation, only one set of illumi- cs c nated letters and Logo would be allowed; therefore, we are requesting • L ° a sign variance to install (2) two additional signs on the building. v Currently there are (3) three sets of neon channel lit letters reading a3 "Logo" "Marquette Bank Apache". Each existing sign is approximately a 0 89 S.F. per set, for a total of 267 square feet. c E z 0 We are proposing to remove all three sets of existing letters and in- m stall three new sets of Logo and letters in the same exact locations. Due to the fact that we are allowed one sign on the southwest elevation, c 15 we are requesting a variance for the west elevation (over the drive-thru area) and the northwest elevation. f' c o The granting of this variance will not be detrimented to the public Z welfare or injurious to other property in the neighborhood or village. The additional two sets of signs will allow for greater visibility CD to customers that need to access the bank from Silver Lake Road and the service road to Apache Plaza. a� Z If the strict letter of the regulations are adhered to, First Bank would face the hardship of lack of visibility/identification that would be detrimental to business. Cn a� c rn co a� • C W Cn 0 c� (D U The building in question is unique because of its circular shape. To achieve maximum identification, the additional (2) sets of signs will be required. Customers traveling north on Silver Lake Road will be able to see the allowed sign. However, customers traveling south on Silver Lake Road would not be able to see the building identification in time to turn safely on to the service road. Customers exiting Apache Plaza would not be able to see the building identification above the drive- thru area on the west elevation. The granting of the variance will actually reduce the amount of signage approximately 200. Existing signs are 89 s.f. , or 267 s.f. total. We are proposing (3) three, sets of signs at 73.75 s.f. , for a total of 221.25 s.f. Thank you for your time. Please do not hesitate to call me at 535-0080 if you have any questions. Sincerely, LEROY SIGNS, INC. Chris Clark CITY OF SAINT 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 on .Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). - The public hearing is being held for the following purpose: A request from Leroy Signs, Inc. (agent for First Bank), 3928 Silver Lake Road for a sign variance to allow two additional wall signs. The proposed signs would replace the existing signage. 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 are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, June 2, 1993 GLI 1 5* M SET WICOW-4.IN - I PIPE RD:. - srm PLAN PLM S ,a,�RK a S, D�_ �l`J.'' �'�,{,��'••':•!;/:'/r y te,";'r.,�:��,!.!:.O,,�{•:�1r:0�. "d-j`'�..:.._:'(f• !':'�r�•;./•,•\�.TaP;�S•`A.`(o - � _ 1 •' 6 I '�•��f•';.'•:•:..'-�':a�'.`�.',��~'�a c�'''�aS . f-.Y_��`.;1�ti A.S?y�,I•�M a:�1! ••4,'.N S 1R_"•pp aIy :I 30 fl P..�.C (�^•�UltN'1 SUE,PLAN' P,S�t 1ANv 1l'f+7,i�T`Ml�1•r�fLL 9/'�- •6 H¢\,'�P�\o— osPt-�!�lth_r"a I.: T'c t 1 3 M To 1 • r L-- —---- — — 1——_ ��_'•' — Far/ Loyd . w o Q 7 =2..f O I �' C ! �4 ..S L C ?rl mote' �� �� f.o „ L i)w�ti.�,'�r�.,. mac;�� �� G�v S r ni c ,� ,►� �°�S , t s�9Ct:s � r 6" P-04 Mly T. i IS S 3 Zr Y A 1 d f h m -7 hy zrc-wnel 1 to :;rant the Fra- CU - = _S S i r a 0 em f r trip is -C is i t C s d d fir a p p r o-;a 1 o= t h a 'variance r a q s t In a icait 19 ed; "-naz the hank site Is uniqu- Z - only one no t .,s W h a y t 22 =0 d r=w cu,s t o a r s t t In,a area a raS t h a t tiic 23 - arc'n -acture Of the building w IZ.7- a n.:a 2%4 p 2: a d S i n a g =hat th--=- a--..o u n t f signagge 25 a r a-a--Ji S t i r!g s i a-;,e- =i1 G", t h.a t• G t'-a hours :�f nat- on, 'a fro"i dusk to CO a m.. 27 Co-r, s s i c ar saust a n q u i r a d -4 h a t h.--- r _t was approprial-a 29 -Fvr thia to the is ours o_ 30 i llumi.---a tion and whather the Commission' S consistency 31 in setting such hours --ight be called into question. 32 Cornmissioner 'tieranicz replied that the Planing 33 Commission is arnpowered to set 'a-lours of illiminaticm as 34 a condition of granting a sign variance , and that such 35 hours cannot be the sa-.-r:e for all astab'Ais--,. =-nts 36 depending on the location and -mature : of a business . 37 - 38 Chair:-, an ?sadden expressed his desire to promote the 39 A.Pac-he mall business , an," stated that the hank ' s 40 o s i t i%.-e i-a g a and -,;i s i b i 11 t y -%-7 o u id e =n as s t '--c- 41 Sh.opping mali . Commissioner .-,-,ndcrchin not=-d that the 42 lack of objection by the townhome owners was a positive 43 factor in the granting of the variance request . 44 45 No further discussion ensuing, a vote -,%,as then called 46 for by the Chairman . 47 43 lotion c arri an--- -ous 1 y • . 49 50 Chairman 'Madden informed the Petitioners that their STAFF REPORT DATE: June 3, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: APPLICATION FOR CONDITIONAL USE PERMIT, NANCY ANDERSON, TAN ME - APACHE PLAZA, 3800 SILVER LAKE ROAD Background Two previous requests for therapeutic message uses in the City where handled through the conditional use permit process even while not being specifically listed for the zoning district in which it is to be located. The Zoning Administrator determined this request to be handled through the conditional use permit process based on precedence. The two previous requests where granted with the following conditions: (1) The massage therapy being restricted to medical care and approved hours of • operation. (2) The permit would automatically be revoked if there is any violation of applicable City or state statutes related to criminal sexual conduct by any person associated with the operation. (3) The massage therapy offered must comply with the code of ethics and definition of massage therapy established by the American Massage Therapy Association. Recommendation Recommend to the City Council to approve the conditional use permit application based on the listed conditions. • Date: � 3 Fee: $130.00 CITY OF ST. ANTHONY Application for a Conditional Use Permit Applicant: Address: 4-tf ct l — Phone: ? SU - :2 U 91 Status of applican . owner buyer, renter, agent, etc.): Ck-( k-T- q Street address and/or legal description of property in question: &l f u-)l J, . Zoning district in which property is located: Conditional use proposed: �LF/1 c�f,�c ��'), – 47` QCk4 Minnesota Statutes and City Ordinances require the following conditions be satisfied before a conditional use may be authorized. Please respond to these conditions, using additional sheets, if necessary. 1. The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. 2. The proposed conditional use will not be detrimental to the health, safety, or general welfare of erp sons residing or working in the vicinity or injurious to 12roperty values or improvements in the vicinity. 3. The proposed conditional use is necessary or desirable at the above location_ to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community.. • L(9/yl&.441-, Si nature of Fplicant n� oqoftc� '7�cl- (QUSS PU 6-0-( kto-c.tt O-K-), 05 -29 - 934 naaj LDA. iOd ()N ��tix • you-( oK. ac.cil. Qkte.. . �/�'ll�-� Q/1-L "bQ.QI<QQQ.a Qiyk.,p7cy . �.F� rCiM tt'""'�� �� ,0/ • ,�71&t Q/Yd l.cJ--d-u-jR a�oz� d-O /YYI" •fit ,vt� J� G�-� A-o-sm (,(f-e.�d �-l.e, dtl `�ia,u-< �1..�,��t•,'� � cam"' -7-7 q (OaLlItSIA CITY OF SAINT 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 on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from Nancy Anderson, TAN ME - Apache Plaza, 3800 Silver Lake Road for a conditional use permit to allow the operation of therapeutic massage treatments in a Commercial "C" zoning classification. 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 are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager • Publish: Bulletin, June 2, 1993 • 3to Y OoA .............. TfiA) STAFF REPORT DATE: June 4, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: PETITION FOR VARIANCE, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST Background If the conditional use permit request was granted, then this issue may be considered. The applicant proposes a canopy that is 24 feet by 42 feet. A portion of the canopy is outside of the building envelope. At its closest point to the property line, the canopy is within the setback area by eight feet. In addition, there must be hardship if a variance were to be granted. A potential hardship could be the unusual shape of the lot. I asked the applicant if the pumps and canopy could be moved closer to the building, which would not require a variance. The applicant believes this situation would leave less manuevering room. However, there could be • stacking problems at the stub street. • Fee: (R-1............$ 60.00 Other.........$100.00) CITY OF ST. ANTHONY Petition for Variance Applicant: 57'• L — Address: 1 a tic j _ Phone: Status of applicant (owner, buy renter, agent, etc.): 1�v�► Street address and/or legal description of property petitioned for variance: Zoning district in which property is located:0f- fM MW-YO-1 c� Request: Crrn1s-rra u",i1t'j ®-P S • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1. Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by City Ordinance and has not been created by,any persons presently having an interest in the parcel of land. • nature of Applicant 05 �= � 1 * 10 �� . 00c CITY OF SAINT 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 on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver- Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from James R. Bona, St. Anthony Unocal, Inc., 2812 27th Avenue Northeast for a setback variance to allow the construction of a gas pump canopy. The setback requirement is 35 feet from a right-of-way in a Commercial "C" zoning classification. The setback variance request is for seven feet, so that the canopy will be setback 28 feet at its closest point to the right-of-way. 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 are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. Thomas D. Burt City Manager • Publish: Bulletin, June 2, 1993 • STAFF REPORT DATE: June 10, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: APPLICATION FOR CONDITIONAL USE PERMIT, JAMES R. BONA, ST. ANTHONY UNOCAL, INC., 2812 27TH AVENUE NORTHEAST Background The proposed expansion of square footage, number of pumps, canopy, and parking area is considered an expansion of the business. Due to this, a conditional use permit will be required. A conditional use permit was not previously done for this location. The proposed redevelopment is defined as a through lot. A through lot must have setbacks of 35 feet from all public right-of-ways. Parking area must be setback 10 feet from the property line and 20 feet from the property line when it abuts a residential area. The combined square • footage of the buildings is 6,748 square feet, which requires 23 parking spaces. The Uniform Fire Code requires dispensing devices to be a minmimum of 10 feet from property lines and buildings. Parking lots must have approved curbing around the perimeter, which would be insurmountable cement curbing. Portions of the existing buildings are outside the building envelope, but this situation is grandfathered. The proposed addition would require a variance. The proposed canopy requires a variance, which is being requested tonight. The applicant intends to realign the gas pumps, install a canopy, expand parking area, and install curbing in conjunction with the street realignment. The proposed addition and demolision of the vacant-building are slated for next year. Due to this fact, staff proposes requiring curbing in the area being improved this year. Next year, if further work is continued, staff would propose to require curbing in front of the vacant building and by the alley (so that there is no access from the alley). With approving a conditional use permit, various conditions could be placed upon the business. Conditions such as: hours of operation, hours of sign illumination, and length of time and number of cars that are stored. Staff Report Page 2 Recommendation Recommend to the City Council the approval of the conditional use permit request based on the following conditions: (1) Parking lot must be striped for 23 spaces. (2) Curbs must be installed in areas specified on drawing. The curbs must be insurmountable and be of cement. (3) If canopy is installed, lighting must shine down. (4) If the proposed addition is built in the future, the lot must be subdivided into one parcel. (5) No more than 10 cars stored on the site for no more than 48 hours. (6) Change address from a 27th Avenue address to a Kenzie Terrace address. • • Date: S S - Zo - 4 Fee: $130.00 CITY OF ST. ANTHONY Application for a Conditional.Use Permit Applicant: 't7 ---p"44, L-L Address:—a2E l a_D,7 A u . k1F-- • Phone: sr• ery )%s S!Sq18 Status of applicant (owner, buyer, renter, agent, etc.): +t--,-fno ?A Street address and/or legal description of property in question: Zoning district in which property is located: Com Conditional use proposed: ex (�nS;0rq o f- Q X i-�T ►� Minnesota Statutes and City Ordinances require the following conditions be satisfied before a conditional use may be.authorized. Please respond to these conditions,using additional sheets, if necessary. 1. The proposed conditional use is.one of the conditional uses specifically listed for the zoning district in which it is to be located. 2. The proposed conditional use will not be detrimental to the health, safety, or general welfare of erp sons residing or working in the vicinity or incurious to roe values or improvements in the vicinity. 3. The proposed conditional use is necessary or desirable at the.above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. • S' ature of Applicant * 13 . 00 (3 CITY OF SAINT 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 on Tuesday, June 15, 1993 at 7:05 P.M., or as soon thereafter as possible. Public Hearings are held in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner). The public hearing is being held for the following purpose: A request from James R. Bona, St. Anthony Unocal, Inc., 2812 27th Avenue Northeast for a conditional use permit to allow for expansion of the existing service station. The proposed expanded use will be a canopy, additional gas pump service, and additional parking area. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. Auxiliary aids are available upon request at least 96 hours in advance. Please call the City Clerk at 789=8881 to make arrangements. Thomas D. Burt City Manager Publish: Bulletin, June 2, 1993 • • STAFF REPORT DATE: June 10, 1993 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: INFORMATION Sign Ordinance Issue After the Northgate sign variance proposal was denied, staff was notified by the applicants that they may consider legal action. Staff directed the City Attorney to give an opinion on this replacement issue. From the opinion, the City Council reconsidered the denial motion and granted the Northgate sign variance proposal. For future issues like this, the City Attorney proposed ordinance language. The first reading of the ordinance was June 8th. The ordinance language is included with my report. Section 1130 - Peddlers, Solicitors and Transient Merchants The owner of Gems and Stems (St. Anthony Shopping Center) made a request to the City Council at the May Work Session to sell flowers on Mother's Day. The Council could not grant permission, as the City's practice is to not approve registration for street vendors. The exemption to this is for non-profit organization sales. The request from the Gems and Stems owner would be for-profit. Once the Council allowed this request, other less desirable street vendors would- also have to be approved. The City Council directed this item to the Planning Commission for input. • DORSEY & WHITNEY A P.wrwa"—twct. otwo Psiomas-o Cos► "cws 350 PARE A`-EXUE 220 SOUTH SIXTH STREET 201 nest AVENUE.S.w.,SUITE 340 NEW TORY.NEW YORK 1002¢ ROCHE N STE R,MINNESOTA 35902_ (212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)286-3156 1330 CONxECIICLT eVEA-UE.N.w. 612) 340-2600 1200 FIRST INTERSTATE CENTER WASBINOTON,D.C.20036 TELEX 29-0605 BILLINOS.MONTANA 59103 (202)857-0700 (406)252.3800 PAX(612)340-2868 3 ORACECHUBCH STREET 507 DAVIDSON BUILDL`RO LONDON BC3V OAT,ENOLAAD GREAT PALLS,MONTANA 59401 44-71-929.3334 (406)727-3632 36.RUE TRONCHET WELU"R.80TH 127 EAST FRONT STREET 76009 PARIS.PIIANCE (814 540-2986 MISSOULA,MONTANA 59802 33-1-42-r.6-59-49 - (406)72l-6025 35 SQUARE DE I{EEUS M9 601 ORAVD. SUITE 3900 9.1040 May 25, 199 3 D BRUSSELS,BELGIUM 25 `9RS MOINES,IOWA 50009 32-2-504-46-11 - (515)283-1000 Mr. Thomas D. Burt City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony MN 55418 RE: Sign Ordinance Dear Tom: • You have explained to me certain situations where the owner of a business seeks to use an existing sign for new information identifying a different business at that same location. As I understand it, in many such cases the location of the sign would not change and there would be no change in the size or nature of the sign. I assume that in many of these cases the business is merely seeking to change the copy on the face of the sign or the business being identified in the sign. I understand the current practice is to consider this as an entirely new sign, which is subject to all the requisite approvals. I further understand that in some cases the existing sign is nonconforming, either by reason of its age or because a variance was previously granted, and that there is then a question of whether a variance is required to change the sign. If we turn to Section 1400.15 regarding nonconforming signs, the situation in question probably falls under paragraph 3 of subdivision 2, where there is a reference to the sign being "replaced". If you look at the other paragraphs in that same subdivision, they refer to structural alteration of the sign, relocation of the sign, or a new primary sign being erected. If the copy on a sign is changed, e.g., the name of the business, I am not sure the sign has been "replaced". The copy has been replaced, but the physical structure has not. It seems to me that the changing of the copy on the sign or the name of the business on the sign might be something you could allow without requiring a new DORSEY 8c WHITNEY Mr. Thomas D. Burt May 25, 1993 Page 2 permit. If the sign has existed by reason of variance or by reason of nonconforming status under the ordinance, it is rather difficult to deal differently with what in effect is the same sign with different information on it, when there is no change in the size, location, etc. Technically, the Council might be able to deny a variance even though one was previously granted, on the theory that it is not bound by a prior Council's actions. On the other hand, it becomes rather difficult to make findings of fact sufficient to support the denial of a variance when there are previous findings of fact by the Council to the contrary. If a new permit were not required in such cases, this could save a considerable amount of administrative time for the staff, Planning Commission and Council. You could include under the list of signs requiring no permit in Section 1400.08, a provision such as the following: A business identification sign designed to replace an existing business identification sign which lawfully exists under this Code, so long as the new sign has the same dimensions and is in the same location as the existing sign, And is not a prohibited sign under Section 1400.07. If you have any further questions in this regard, please let me know. Very true yours, re WRS:gle William R. Soth Enclosures CITY OF ST. ANTHONY ORDINANCE 1993-007 AN ORDINANCE RELATING TO SIGNS; AMENDING SECTION 1400.08 TO ADD THE REPLACEMENT OF BUSINESS IDENTIFICATION SIGNS The City Council of the City of St. Anthony hereby ordains: Section 1. Section 1400.08 of the Code is amended to add the following: Subd. 15. Replacement of Existing Business Identification Signs. A business identification sign designed to replace an existing business identification sign which lawfully exists under this Code, so long as the new sign has the same dimensions and is in the same location as the existing sign, and is not a prohibited sign under Section 1400.007. Section 2. This ordinance will be in effect as of its date of publication. First Reading: June 8, 1993 Second Reading: Adopted: Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on the day of 1993. Section 1130 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS 1130.01 Definitions. For purposes of this Section, the terms defined in this Subsection have the following meanings: Subd. 1. 'Peddler" means a person who goes from house to house, from place to place, or from store to store conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers. Subd. 2. "Solicitor" means a person who goes from house to house, from place to place or from street to street soliciting or taking or attempting to take orders for sale of goods, wares, merchandise or personal services for future delivery or performance. Subd. 3. "Transient Merchant' means a person who engages in any temporary and transient business selling goods, wares. and merchandise from a building, structure, vacant lot, vehicle or trailer in a zoning district where it is allowed by this Code. 1130.02 Registration Required. No peddler, solicitor or transient merchant shall sell or offer for sale any goods, wares, or merchandise within the City unless registered as provided in this Section. The nonrefundable registration fee is set forth in Section 615. Any peddler, solicitor or transient merchant dealing with merchandise to be delivered to customers in Minnesota directly from points outside of Minnesota is exempt from payment of the registration fee. Any person soliciting money, donations or financial assistance for a religious or charitable organization or selling merchandise for a fee on behalf of such an organization is exempt from payment of the fee, but is required to register with the City. 1130.03 Conditions for Registration. Registration with the City Clerk must occur at least five days prior to the date when the activity is to commence. Persons registering must file with the City Clerk an accurate sworn registration statement bn a form furnished by the City Clerk, giving the following information: (a) Name and physical-description of the applicant. (b) Complete home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made. (c) A brief description of the nature of the business and the product or services involved. 11-5 (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship. (e) The dates and hours of the day during which the activity will be carried on. (f) The source of supply of any goods or property proposed to be sold or orders taken for the sale thereof,where such goods or products are located at the time registration is filed and the proposed method of delivery. (g) A statement as to whether or not the registrant has been convicted of any crime, misdemeanor or violation of any crime, misdemeanor or violation of any municipal ordinance of any municipality other than traffic violations, the nature of the offense and the punishment or penalty assessed. (h) The last municipalities, not to exceed five, where the applicant carried on business immediately preceding the date of the application and the address from which such business was conducted in those municipalities. (i) Written statement of permission from fee owner of property where transient sales are to be held. 1130.04 Exemptions. This Section does not apply to persons engaged in the following activities: (a) Selling personal property at wholesale to dealers in such property. (b) Selling solely literature. (c) Selling products of the farm or garden on the property on which the products are grown and cultivated.. A person claiming this exemption must submit a written affidavit indicating that the products to be sold were grown on property where the sales are occurring. (d) Calling upon householders in connection with a regular route service for the sale and delivery of perishable daily necessities of life such as bakery products and dairy products. (e) Calling upon householders at the request of the householders. 11-6 1130.05 Proof of Registration. Upon receipt of a complete registration, the Clerk will transmit the same to the Chief of Police for approval. Every registration must bear the written approval of the Chief of Police to be valid. Within five days after such registration, the City Clerk will provide the registrant with a written certificate showing proof of registration. 1130.06 Registration Not Transferable. No registration is transferable from one individual to another. Each individual must be separately registered where more than one individual is involved in the same type of activity even though associated with the same organization. 1130.07 Practices Prohibited. No peddler, solicitor or transient merchant is permitted to call attention to the business or merchandise by crying out, blowing a horn, ringing a bell, or by any loud or unusual noise. No peddler, solicitor, or transient merchant is permitted to harass, intimidate, abuse, or threaten a person or continue to offer merchandise for sale to any person after being told not to do so by that person. 1130.08 Duration of Registration. Each registration will be valid only for the period specified, and no registration may extend beyond the 31st day of December of the year in which it is granted. 1130.09 Exclusion. Any person who wishes to exclude peddlers, solicitors or transient merchants from his or her premises may place upon or near the usual entrance to the premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited" Such placard must be at least 3 3/4 inches long and 3 3/4 inches wide and the printing must not be smaller than 48 point type. No peddler, solicitor or transient merchant may enter or attempt to enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed. 1130.10 Revocation. Any registration may be temporarily suspended by the City Manager or revoked by the Council for a violation of any provision of this Section. Before any temporary suspension or revocation occurs, the registrant will be notified of the violation and will have the opportunity to respond to it. 1130.11 Compliance with Zoning. Transient merchants must comply with all applicable provisions of the City's Zoning Code. i 11-7 CITY OF ST . ANTHONY 3 REGULAR COUNCIL MEETING 4 5 MAY 25 , 1993 6 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7 : 00' p .m. and the Pledge of 11 Allegiance was led by Mayor Ranallo . 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranal lo, Councilmembers Marks , Enrooth , 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt , Management Assistant Urbia 19 and City Attorney Soth 20 21 3 . APPROVAL OF MAY 25 , 1993 COUNCIL AGENDA 22 23 Motion by Marks , second by Enrooth to approve the agenda for 24 the May 25 , 1993 Council Meeting with no additions . 25 Motion carried unanimously 8 29 4 . APPROVAL OF MINUTES OF THE MAY 11 , 1993 COUNCIL MEETING 30 31 Motion by Marks , second by Wagner to approve the minutes of 32 the May 11 , 1993 Council Meeting as presented and there were 33 no corrections . 34 35 Motion carried unanimously 36 37 5 . LICENSES/PERMITS/PETITIONS 38 39 Motion by Enrooth, second by Marks to approve the license 40 applications submitted by the following businesses : 41 42 Contractors ' Licenses 43 44 Card Construction, St . Paul , Mn . 45 Belair Builders Inc . , New Brighton, Mn . 46 Chub' s Roofing, Coon Rapids , Mn . 47 48 Cigarette License 49 50 Snyder Brothers Drug, St . Anthony, Mn . 1 REGULAR COUNCIL MEETING • 2 MAY 25 , 1993 3 PAGE 2 4 5 6 Councilmember Marks noted that if there were no cigarette 7 license applications approved there would be no more 8 cigarettes . 9 10 The- Mayor stated- that -the tobacco industry receives- subsidies 11 from the federal government . He felt it may prove to be 12 counterproductive to deny licenses as the revenue generated by 13 them would go to some other entity . 14 15 Heating Licenses 16 17 Marsh Heating and Air Conditioning 18 Preferred Mechanical Services , Inc . 19 Twin City Furnace Company 20 21 Multiple Dwelling License's 22 23 Chandler Place 119 units 24 LakeHill Apartments 34 units 25 Highcrest Manor 69 units 26 Equinox Apartments 266 units 27 Diamond 8 Apartments 144 units i 28 Plaza Apartments 46 units 29 30 Motion carried unanimously 31 32 6 . CLAIMS 33 34 Motion by Marks , second by Enrooth to approve the following 35 . claims : 36 37 38 A. Maier Stewart & Associates 39 40 1 . The Council approved payment in the amount of $360 . 00 41 to Maier Stewart & Associates for engineering services 42 rendered March 28 , 1993 through April 24 , 1993 regarding 43 the 1993 street reconstruction plans and specifications 44 for direct expenses of the AUTOCAD. 45 46 2 . The Council approved payment in the amount of $474 . 96 47 to Maier Stewart & Associates for engineering services 48 rendered from March 28 , 1993 through April 24 , 1993 49 regarding project supervision for the 1993 improvements 50 construction . • REGULAR COUNCIL MEETING MAY 25 , 1993 3 PAGE 3 4 5 6 3 . The Council approved payment in the amount of 7 $2 , 200 . 00 to Maier Stewart & Associates for engineering 8 services rendered from March 28 , 1993 to April 24., 1993 9 for testing by American Engineering Testing , Inc . for the 10 1993 street improvements soils report . 11 12 4 . The Council approved payment in the amount of $701 . 26 13 to Maier Stewart & Associates for engineering services 14 rendered from March 28 , 1993 through April 24 , 1993 for 15 the 37th Avenue Northeast plans and specifications . 16 17 B. Brings & Morgan 18 19 The Council approved payment in the amount of $529 . 50 to 20 Briggs & Morgan for professional services rendered 21 representing the City on the permanent treatment system 22 issue . 23 24 City Manager Burt advised payment of this claim has been 25 held as there was a very high charge on an issue he felt 6 was not justified. 28 C. Verified Claims 29 30 The Council approved the four pages of verified claims as 31 submitted by the Finance Director. 32 33 7 . PUBLIC HEARINGS 34 35 A. Street Improvements 36 37 Motion by Marks , second by Enrooth to open the Public Hearing 38 at 7 : 05 p.m. 39 40 Motion carried unanimously 41 42 43 The notice of this Public Hearing was published in the May 12 , 44 1993 issue of the Bulletin and notices were sent to all 45 affected property owners . 46 47 The project to be discussed at this Public Hearing is for 48 street reconstruction and replacement of water main and storm 49 sewer lines on 31st Avenue from Rankin Road to Old Highway ##8 50 and Croft Drive from Rankin Road to 31st Avenue. • I REGULAR COUNCIL MEETING • 2 MAY 25 , 1993 3 PAGE 4 4 5 6 The project also includes a bituminous overlay improvement 7 over the existing pavement on Rankin Road from Old Highway #8 8 to 32nd Avenue and Croft Drive from 31st Avenue to 200 feet 9 along 32nd Avenue beyond the cul-de-sac . 10 11 Tom Madigan , engineering consultant from Maier Stewart & 12 Associates , used overhead graphs to review the projects and 13 associated costs . The first phase of the project was the 14 reconstruction phase on Rankin Road and Croft Drive . 15 16 Mr . Madigan ' s review included the actual reconstruction 17 process which dealt with removal of the existing surface and 18 the proposals for the curb and gutter . He advised there will 19 be no change in road width nor road grade. He did note there 20 had been some concern expressed by two residents regarding 21 their driveways . Mr . Madigan had advised these people special 22 consideration will be given to their situations . As this 23 project is to be done in "established" neighborhoods , there 24 will not have to be consideration for additional driveways nor 25 other activities which would change the street . All utitlity 26 companies have been notified of the proposed projects . They 27 have been requested to do any work necessary on these streets 28 during the reconstruction so they will not have to be dug up 29 again . 30 31 The bids received for this project came in less than the 32 estimated costs shown in the feasibility study and those 33 presented at the neighborhood meetings . 34 35 The assessment policy being proposed for adoption by the City 36 Council for the reconstruction portion of the project is 37 thirty-five percent to be paid by benefitted property owners 38 and sixty-five percent to be paid from City funds . 39 40 The typical lot size in the area of this project is 87 front 41 foot . The unit price being proposed is $27 . 78 per front foot 42 with a $300 charge for the water service to each parcel . The 43 repayment period is for fifteen years at an eight percent 44 annual interest rate. 45 46 Mr. Cochrane, 3420 31st Avenue, requested information as to 47 how the decision to go ahead with the project is made. Mayor 48 Ranallo responded that this decision will be made after the 49 public hearing is closed . 50 • REGULAR COUNCIL MEETING MAY 25 , 1993 3 PAGE 5 4 5 Mr . Madigan also explained the statutorial requirements which 6 must be met for a project to be an assessable project . He 7 advised that tonight there are two public hearings being_. held , 8 one for the project and one for the assessment . 9 10 Mr .- Cochrane questioned the need for the project . He felt the 11 street condition was not bad enough to warrant replacemlent . 12 Mr . Madigan responded that some of the decision is based on 13 science and some is also subjective and based on judgement and 14 experience . It was also noted that the street surface has 15 bumps, cracks , holes and its driveability is affected . There 16 also appears to be consideable movement of the sewer pipes 17 beneath the street . This was detemined with televising the 18 pipes . 19 20 Joe Sevick , 3505 31st Avenue , inquired if his inground 21 sprinkler system will be affected with this reconstruct ioil . 22 The sprinkler heads are directly adjacent to the curb. Mr . 23 Madigan advised there will be a on-site inspector for this 24 project and Mr . Sevick should make this person aware of the 25 sprinkler system. The contractor should be advised of any situations which may be affected by the project . Mr. Sevick .was also advised by staff *he should deal directly with the 28 contractor regarding his intention to do some cement work on 29 his driveway. 30 31 Michael Bye, 3024 Croft Drive, noticed there was a 32 considerable drop in the reconstruction costs from the 33 estimated costs . He inquired if there was also a decrease , in 34 the overlay costs . Mr . Madigan advised there was an error made 35 in the cost sheet for the overlay project . It was figured at 36 a 35/65 % split which was incorrect . It should have been a 37 50/50% split . 38 39 Mr . Bye also noted that an overlay could be done on his street 40 ten times for what the reconstruction is costing. He was 41 advised that ten layers of bituminous could not be applied to 42 the street as it would be so high it would not be drivable . 43 44 Councilmember Enrooth explained that a reconstruction project 45 does more than replace the surface of a street such as the 46 overlay. He noted the sewer and water services are also 47 replaced and the street is reconstructed whereby the subgrade 48 and base under the street is replaced. The sewer pipe on this 49 street has been viewed and it moves a great deal as the area 50 is not secure. • 1 REGULAR COUNCIL MEETING • 2 MAY 25 , 1993 3 PAGE 6 4 5 6 7 The City Manager explained the Pavement Management Plan . Each 8 street in the City is looked at annually and this data is 9 entered into the computer . Cracks , condition of the surface, 10 - general condition-and other significant information is kept on 11 the computer in the Pavement Management Plan . This information 12 is useful when determining the capital improvement projects . 13 14 Councilmember Fleming referred to a letter received from 15 Michael Christenson , 3043 Croft Drive, who questioned the 16 legitimacy of assessing properties on Croft Drive only . He 17 suggested that this street is heavily used and is more an i8 access road than a residential road . Mr . Christenson requested 19 a traffic count be done on this street and the costs for this 20 improvement be borne by the City as a whole . 21 22 The City Manager advised that there are approximately 600 cars 23 using this street in a twenty-four hour. period . This is the 24 typical usage of a residential street and the majority of its 25 use is by area residents . He noted it does not appear to be 26 used as a shortcut so this is not an issue. Regarding the 27 question of speeders, the City Manager advised that the • 28 typical speeders live in the area. 29 30 Bob Stroncek , 3416 31st Avenue, questioned whether the 31 residents ' objections would have any effect with the Council . 32 The Mayor responded that for sixteen years as a 33 Councilmember/Mayor he has been receiving complaints about the 34 condition of the City' s streets from residents all over the 35 City. 36 37 Mr . Stroncek suggested this issue should be put on referendum 38 for the entire City to vote on . The City Attorney advised the 39 City Council is charged with making this type of decision . 40 41 Joe Sevick supports the reconstruction project and feels the 42 street is "shot" . He also noted he has not heard any viable 43 alternatives to this project except blacktop or concrete, both 44 of which are not acceptable. 45 46 47 Motion by Marks , second by Wagner to close the Public Hearing 48 at 8 : 20 p.m. 49 50 Motion carried unanimously • REGULAR COUNCIL MEETING 2 MAY 25, 1993 3 PAGE 7 4 5 6 Motion by Marks , second by Enrooth to open the Public Hearing 7 at 8 : 20 p .m. 8 9 Motion carried unanimously 10 11 The project to be discussed at this Public Hearing is a 12 bituminous overlay improvement over the existing pavement on 13 Rankin Road from Old Highway #8 to 32nd Avenue and Croft Drive 14 from 31st Avenue to 200 feet along 32nd Avenue beyond the cul- 15 de-sac . 16 17 Mr . Madigan reviewed the project area . The costs will be paid 18 on a fifty-fifty basis between the City and the benefitted 19 property owners . 20 21 On Croft Drive the average lot has an eighty-seven front foot 22 and the assessment is proposed at $3 . 19 per assessable foot . 23 On the Rankin Road overlay project the average lot has a 24 sixty-two front footage and the assessment is proposed at 25 $4 . 16 per assessable foot . There were no questions from residents in attendance . 28 29 Motion by Wagner, second by Enrooth to close the Public 30 Hearing at 8 : 26 p.m. 31 32 Motion carried unanimously 33 34 35 Motion by Marks , second by Wagner to approve the two projects 36 as presented at the public hearings . 37 38 Councilmember Marks stated that the City Council is 39 responsible for making decisions regarding improvements . He 40 feels these decisions are made based on very reliable 41 information such as the data received from Braun Intertec and 42 from Maier Stewart and Associates . He agrees that the 43 improvements being proposed would give the property owner the 44 highest value for his/her money. 45 46 Councilmember Wagner agreed that the information received from 47 the professional engineers and consultants is very reliable 48 and supportive of the projects going forth . 49 50 1 REGULAR COUNCIL MEETING • 2 MAY 25 , 1993 3 PAGE 8 4 5 6 Councilmember Enrooth observed that it has been forty + years 7 since the streets have been put in and they need work . He 8 feels that the Council cannot abdicate its responsibility to 9 make an informed decision on these improvements . He also felt 10 there was an advantage being first for improvements as this 11 type of project will only become more expensive as time goes 12 on . 13 14 Mayor Ranallo noted it is important that the property owners 15 who have voiced their concerns and complaints to him regarding 16 the condition of the City ' s streets be responded to in a 17 proper fashion . 18 19 Motion carried unanimously 20 21 22 B. Assessments for 1993 Street and Utility Improvements 23 (Resolution No . 93-034 ) 24 25 Motion by Wagner , second by Marks to open the Public Hearing 26 at 8 : 33 p .m. • 27 28 Motion carried unanimously 29 30 The City Manager reviewed the assessment period for each 31 project and the annual interest rate . 32 33 Councilmember Fleming advised she would like to make the 34 property owners ' share 'of the assessment for the 35 reconstruction project more equitable and suggested that it be 36 changed from a thirty-five percent share to something lower . 37 38 The City Manager advised that the City ' s financial advisor, 39 Springsted, Inc . , recommended the percentage for property 40 owners go no lower than thirty-five percent . He reviewed the 41 reasons given by Bob Thistle of Springsted, Inc . There would 42 be considerable risk involved if this decrease were 43 implemented. 44 45 Dorothea Higgins , 3409 31st Avenue, felt the front footage 46 noted on her statement was incorrect . She inquired if she 47 would be charged what is stated on her invoice or would it 48 increase if it is determined that her property has more front 49 footage . She was advised her charge is what will be stated on 50 her invoice. REGULAR COUNCIL MEETING MAY 25 , 1993 3 PAGE 9 4 5 6 Two letters were .received from property owners and placed on 7 file. They were from Michael Christenson , 3043 Croft Drive and 8 Russell Nohrenberg, 3101 Croft Drive . Residents were advised 9 to avoid paying interest the assessment must be paid by the i0 end of the year . 11 12 Motion by Marks , second by Enrooth to close the Public Hearing 13 at 9 : 50 p .m. 14 15 Motion carried unanimously 16 17 The City Manager advised that the public hearing for the 18 overlay project will be held when the project is completed . 19 There was an error made in the notices sent to property owners 20 which stated the City would be paying 350 of the assessment . 21 The correct percentage is fifty percent . The corrected notice 22 will be sent by Maier Stewart and Associates . 2 3 n 1 24 Motion by Marks , second by Wagner to approve Resolution No . 25 93-034 being a resolution adopting and confirming assessments 26 for various public improvements . 41 The City Attorney advised that a property owner has thirty 29 days from the date of this public hearing to appeal the 30 assessment . A written or oral objection must have been filed 31 at the public hearing tonight . The appeal has to be filed in 32 District Court and the property owner would have to retain the 33 services of an attorney. An appraisal would have to be 34 conducted which would have to prove the assessment cost is 35 more than the benefit to the property. The City Attorney felt 36 it would be highly unlikely that a judgement could be won by 37 the property owner . 38 39 Motion carried unanimously 40 41 42 B . REPORTS 43 44 A. City Council 45 46 1 . _Report of Councilmember Waciner 47 48 Councilmember Wagner had nothing to report at this time . 49 50 • I REGULAR COUNCIL MEETING • 2 MAY 25 , 1993 3 PAGE 10 4 5 6 2 . Report of Councilmember Fleming 7 8 Councilmember Fleming advised that the Northwest Youth 9 and Family Services Bureau is sponsoring a project 10 entitled "Reflect Respect . " The planning of this project 11 will commence on Thursday , June 3rd at the Roseville High 12 School . 13 14 Councilmember Fleming expressed her dismay in there being 15 no announcement of tonight ' s public hearings in any of 16 the three newspapers which service the City . She felt the 17 Bulletin was the worst offender in that it is the City ' s 18 official newspaper . 19 20 The City Manager had sent a press release to all three 21 papers . He also contacted the Bulletin reporter and 22 requested she be responsible for having this press 23 release placed in the paper . This was not done . 24 25 Mayor Ranallo did note that there was the official notice 26 of public hearing printed in the paper and also posted in 27 City Hall so publication requirments for a public hearing 28 were met . 29 30 3 . Report of Councilmember Marks 31 32 Councilmember Marks received a phone call from a resident 33 on 36th Avenue east of Silver Lake Road. The caller noted 34 there was tree trimming being done in the area which 35 appeared to be excessive . Councilmember Marks viewed the 36 area and felt it was excessive as well . 37 38 The City Manager advised that a private contractor does 39 tree trimming for Northern States Power and the City 40 trims trees which are in the right-of-way. He will check 41 on who is doing this work . 42 43 Councilmember Enrooth noted that some trees are trimmed 44 way back and leaves come out very quickly . The appearance 45 of an excessive trimming can be misleading. 46 47 The City Manager also advised that an infestation of bugs 48 is being experienced in the City ' s ash trees . While some 49 of the leaves are falling off , the City Manager stated 50 the tree will not die from this infestation . 40 REGULAR COUNCIL MEETING MAY 25, 1993 3 PAGE 11 4 5 6 4 . Report of Councilmember Enrooth 7 8 There was a Village Fest Committee meeting on May 24th 9 with many residents in attendance : Activities are 10 becoming more c.lear-ly def fined and there wi I I be a pancake i1 breakfast as in the past and an ice cream social . Logo 12 designs are being reviewed and one will be chosen for 13 buttons and t-shirts . 14 15 5 . Report of Mayor Ranallo 16 17 The Mayor and Management Assistant completed a thirty 18 minute tape for cable television entitled "St . Anthony 19 Today and Tomorrow. " One of the topics discussed was the 20 1992/1993 goals of the City Council . 21 22 B. Report of the City Manager 23 - 24 The City Manager had nothing to report at this tine . 25 6 9 . NEW BUSINESS 29 A. Leaaue of Minnesota Cities Insurance Renewal 30 31 Mr . Myron Koplat of American Risk Services presented the 32 League' s proposal for insurance coverage for the City from 33 June 1 , 1993 through May 31 , 1994 . 34 35 The proposal reflects a 13 . 76% increase over 1992 which is due 36 primarily to increases in workers compensation and liquor 37 liability coverage . 38 39 Staff recommendations included alternative coverage for 40 workers compensation and liquor liability which would save 41 $30 , 191 in proposed premiums . 42 43 Some members of the Council were uncomfortable with the 44 reduction being proposed for liquor liability. Mr . Koplat 45 noted that liquor liability claims are very difficult to 46 predict actuarially. The City Manager suggested that the 47 higher coverage for liquor liability remain so this year ' s 48 experience can be reviewed when insurance is being considered 49 next year. 50. I REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 12 4 5 6 Motion by Marks , second by Rana 110 to approve the League of 7 Minnesota Cities Insurance Trust renewal with the provisio tht 8 the workers compensation alternative be accepted but not the 9 alternative regarding liquor liability . 10 11 12 Motion carried unanimously 13 14 15 B . Approval of Preliminary/Final Plat for 3901/3909 Silver 16 Lake Road - Hellikson Addition 17 18 The proposed building and parking area meets all requirements 19 for commercial zoning. The subdivion/plat approval is 20 necessary for the tax increment financing proposal . 21 22 A memo dated May 21 , 1993 was received from Bill Soth , the 23 City Attorney, which addressed many issues regarding this plat 24 approval request . These issues were discussed . 25 26 Motion by Enrooth, second by Marks to approve the • 27 subdivision/plat request for 3901/3909 Sivler Lake Road with 28 the approval being based on the recommendations of the City 29 Attorney as noted in his May 21 , 1993 memo and that there be 30 drainage easements as identified by the City Attorney behind 31 the swale on the property which is behind the Lee property. 32 33 34 Motion carried unanimously 35 36 37 C. Award Ouotes for 1993 Road Materials and Water Supplies 38 39 Motion by Marks , second by Enrooth to award the following 40 bids : 41 42 Aggregate quote to Barton Sand & Gravel Company 43 44 Oil quote to Koch Materials Company 45 46 Blacktop quote to Midwest Asphalt (summer mix ) and T.A. 47 Shifsky & Sons (winter mix ) 48 49 Concrete quote to Wyatt Ready Mix 50 40 REGULAR COUNCIL MEETING MAY 25 , 1993 3 PAGE 13 4 5 6 Water Supplies to Henry and Associates (water meters ) and 7 Northern Water Works (all other water products ) a 9 Motion carried unanimously 10 it D. Ordinance No. 1993-004 ; Re : Severance Pay ( first readincl) 12 13 Motion by Marks , second by Wagner to approve the first reading 14 of Ordinance No . 1993-004 being an ordinance relating to 15 severance pay ; amending Section 300 . 10 of the 1993 St . Anthony 16 Code of Ordinances . 17 18 Motion carried unanimously 19 20 21 E. Ordinance No . 1993-005 ; Re : Licensing Fees ( first 22 reading) 23 24 Motion by Marks , second by Wagner to approve the first reading 25 of Ordinance No. 1993-005 being an ordinance relating to gyp' licensing fees ; amending Section 615 . 06 of the 1993 St . �j Anthony Code of Ordinances . 28 29 Motion carried unanimously 30 31 F. Ordinance No. 1993-006 ; Re : Parking During Snow Removal 32 (first reading) 33 34 Motion by Marks , second by Wagner to approve the first reading 35 of Ordinance No. 1993-006 being an ordinance relating to 36 parking during snow removal ; amending Section 920 . 07 of the 37 1993 St . Anthony Code of Ordinances . 38 39 Motion carried unanimously 40 41 G. Resolution No. 93-033 ; Re: Lease of Space in the 42 Community Center with Minnesota Swimming 43 44 Motion by Marks , second by Enrooth to approve Resolution No . 45 93-033 being a resolution approving the lease between the City 46 of St . Anthony and Minnesota Swimming and authorizing the 47 Mayor and City Manager to execute the lease on behalf of the 48 City. 49 50 Motion carried unanimously I REGULAR COUNCIL MEETING 2 MAY 25 , 1993 3 PAGE 14 4 5 6 H . Resolution No . 93-035 ; Re : Pavement Rehabilitation for 7 37th Avenue from Silver Lake Road to Stinson Boulevard 8 (State Aid Road ) _ 9 10 Motion by Fleming, second by Marks to approve Resolution No . 11 93-035 being a resolution directing Maier Stewart & Associates i2 to request a variance from the Minnesota Commissioner of 13 Transportation . 14 15 Motion carried unanimously 16 17 10 . UNFINISHED BUSINESS 18 19 A. Ordinance 1993-003 ; Re: Untimely Water Meter Readings and 20 Water Bill Payments 21 22 Motion by Wagner , second by Enrooth to approve the third 23 reading and adoption of Ordinance No . 1993-003 being an 24 ordinance relating to untimely water meter readings and 25 delinquent water bill payments ; amending Sections 610 . 09 and 26 610 . 10 of the 1993 St . Anthony Code of Ordinances . 27 28 Motion carried unanimously 29 30 11 . ADJOURNMENT 31 32 Motion by Marks , second by Enrooth to adjourn the meeting at 33 9 : 5.0 p.m. 34 35 Motion carried unanimously 36 37 38 Respectfully submitted, 39 40 41 Jo-Anne Student , Council Secretary 42 43 44 45 Mayor Clarence Ranallo. 46 47 48 ATTEST: 49 City Clerk 50 CITY OF ST. ANTHONY 3 REGULAR COUNCIL MEETING 4 5 MAY 11 , 1993 6 7 1 . CALL TO ORDER 8 9 The meeting was called to order at 7 : 00 p.m. by Mayor Ranallo. 10 Members of Boy Scout Troup #1*53 , Viking Council , led the 11 Pledge of Allegiance. 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo and Councilmembers Marks , 16 Enrooth , Fleming and Wagner 17 18 Staff Present : City Manager Burt and Management Assistant 19 Urbia 20 21 3 . APPROVAL OF CONTINUED BOARD OF REVIEW MINUTES - APRIL 27 , 1993 22 23 Motion by Marks , second by Enrooth to approve the minutes of 24 the April 27 , 1993 Continued Board of Review as presented and 25 there were no corrections . 26 0 Motion carried unanimously 29 30 4 . APPOVAL OF MAY 11 , 1993 COUNCIL AGENDA 31 32 Motion by Enrooth, second by Marks to approve the agenda for 33 the May 11 , 1993 Council Meeting with the additions of a 34 report o-n the proposed assessment policy and a report on the 35 Lauderdale Police Service. These items were added to the 36 Manager ' s Report . 37 38 Motion carried unanimously 39 40 5. APPROVAL OF APRIL 27 , 1993 COUNCIL MEETING MINUTES_ 41 42 Motion by Marks , second by Enrooth to approve the minutes of 43 the April 27 , 1993 Council Meeting with the following 44 corrections : 45 46 page 2 , line 22 : The amount paid to Julee Quarve-Peterson 47 should be corrected to $800 . 01 . 48 page 2 , line 43 : Delete "drilling" and replace with "capping" 49 50 Motion carried unanimously • n 1 REGULAR COUNCIL MEETING • 2 MAY 11 , 1993 3 PAGE 2 4 5 6 6 . LICENSE/PERMITS/PETITIONS 7 8 Contractor ' s Licenses 9 10 Motion by Marks , second by Fleming to approve the contractor ' s 11 - - license applications submitted by Neeck Construction, Inc . of 12 Moundsview, Mn . and Reliable Tree Service, Inc . of Fridley, 13 Mn . 14 15 Motion carried unanimously 16 1.7 3 . 2 On - Sale Beer License 18 19 Motion by Enrooth, second by Fleming to approve the 3 . 2 On- 20 Sale beer license application submitted by Bakers Square 21 (Owner : VICORP Restaurants , Inc . , Denver, Colorado) . 22 23 Councilmember Marks felt this license and a wine license would 24 remove the "family" nature of this restaurant . 25 26 Roll call: Enrooth , Fleming, Wagner , Ranallo - aye 27 Marks - nay • 28 29 Motion carries 30 31 Wine On - Sale License 32 33 Motion by Enrooth, second by Fleming to approve the wine On- 34 Sale license application submitted by Bakers Square (Owner: 35 VICORP Restaurants , Inc . , Denver , Colorado) . 36 37 Councilmember Wagner inquired if there are wine licenses at 38 any other Baker Square Restaurants . Burt responded this is the 39 first location in the area for which one has been requested . 40 He noted that others have been applied for in the City but 41 have not been pursued. 42 43 The approved license will be sent to the State of Minnesota 44 Department of Public Health, Liquor Control Division for final 45 approval . 46 47 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye 48 Marks - nay 49 50 Motion carries • REGULAR COUNCIL MEETING MAY 11 , 1993 3 PAGE 3 4 5 Temporary 3 . 2 Beer & Wine Permits 6 7 Motion by Fleming, second by Wagner to approve the permit 8 applications for temporary 3 . 2 beer and wine submitted by 9 Village Fest , Inc . for July 23rd & 24th for use in Central 10 Park (pending proof of liquor liability insurance) and 'for a 11 family picnic hosted by Dennis Fagerlee for June 5th in 12 Central Park . 13 14 Roll call : Enrooth , Fleming, Wagner , Ranallo - aye 15 Marks - nay 16 17 Motion carries 18 19 Petition for a Three-Way Stop 20 21 A petition requesting a three-way stop sign at 31st Avenue and 22 Harding Street was received by staff . Residents in the area 23 are concerned with speed and neighborhood children ' s safety . 24 25 Tim Mezzenga was in attendance at the meeting representing 26 property owners in the neighborhood . He reinforced the 0 concerns of his neighbors . He noted that if the signs were installed there would be some on-street parking lost for some 29 of the residents . 30 31 The City Manager noted that to install stop signs traffic 32 warrants must be met . Criteria of the warrants are traffic 33 volume and a certain number of accidents . He felt there are 34 seldom residential streets where warrant tests are met . He 35 also observed that the City would take partial liability if 36 warrants are not met and stop signs are installed anyway . 37 38 Councilmember Fleming cited the example of a stop sign on 27th 39 Avenue near St . Charles School that is not effective. 40 41 The City Manager sent letters to all residents who would be 42 affected by the installation of stop signs at 31st Avenue and 43 Harding Street . Only one phone call. was generated by the 44 letter and that caller had no opinion . 45 46 Motion by Ranallo, second by Wagner to approve the 47 installation of a three-way stop sign at 31st Avenue and 48 Harding Street . 49 50 Motion carried unanimously • 1 REGULAR COUNCIL MEETING • 2 MAY 11 , 1993 3 PAGE 4 4 5 6 7 . PRESENTATION OF CLAIMS 7 8 A. Dorsey & Whitney Law Firm 9 10 Motion by Marks , second by Enrooth to approve payment in 11 the amount of $1 , 146 . 40 to Dorsey & Whitney law firm for 12 professional services rendered through March 31 , 1993 for 13 various legal matters . 14 15 Motion carried unanimously 16 17 B. Hance & LeVahn Law Firm 18 19 Motion by Marks , second by Enrooth to approve payment in 20 th amount of $2 , 400 . 00 to Hance & LeVahn law firm for 21 professional services rendered relative to St . Anthony 22 prosecutions . 23 24 Motion carried .unanimously 25 26 C . Verified Claims 27 28 Motion by Wagner , second by Marks to approve the five 29 pages of verified claims as prepared by the Finance 30 Director . 31 32 Motion carried unanimously 33 34 8 . REPORTS 35 36 A. Maier Stewart & Associates - Road Improvements 37 38 The Mayor advised this presentation is for informational 39 purposes only and no formal Council action will be taken . He 40 noted there is a public hearing scheduled for May 25th to 41 discuss these proposed road improvements . 42 43 Tom Madigan , representing Maier Stewart & Associates , advised 44 that bids for the 1993 street improvement projects were 45 received from six firms . The bids from the three lowest 46 bidders were distributed to members of the City Council . 47 48 W. B. Miller, Inc . of Ramsey, Minnesota submitted the lowest 49 bid for the 1993 street and utility improvements . Maier 50 Stewart & Associates recommends awarding the bid to this firm. • REGULAR COUNCIL MEETING 16 MAY 10 , 1993 3 PAGE 5 4 5 Mr . Madigan advised that this firm has not previously worked 6 in St . Anthony Village but his firm has worked on projects 7 with W. B. Miller , Inc . and found their work satisfactory . He 8 also noted that they are a well established and reputable 9 contractor . 10 11 - Mr . Madigan reviewed all parts of the project which numbered 12 six . They are Rankin Road overlay , Croft Drive overlay, 31st 13 Avenue reconstruction , Croft Drive reconstruction , storm sewer 14 improvements and watermain improvements . 15 16 Mr . Madigan compared the project costs for each project 17 between the feasibility study and the low bid received . All of 18 the bid costs are lower than those in the feasibility study 19 projected estimates . 20 21 He noted that costs for the Coolidge Street and 27th Avenue 22 relocation project were included in the bid but were not 23 included in the comparison costs as the costs are not being 24 assessed . 25 26 There was some discussion regarding what materials should be used for the storm sewer . Mr . Madigan stated, his firm would recommend using polyethylene (HDPE) pipe as there would be a 29 considerable cost savings realized. 30 31 The project scheduled was reviewed from the time the bids were 32 received until the construction was complete . 33 34 Mr . Madigan had hoped the bids would have come in lower but 35 felt the time delay of two weeks accounted for the increase . 36 He recommended that the bids for 1994 projects go out in 37 February of that year rather than later . 38 39 Mr. Madigan contacted eleven other municipalities regarding 40 their assessment -policies . Each one of them differed in the 41 percentages they paid and one city assessed at 100% . 42 43 Members of the Council had questions regarding the costs 44 differences between concrete and bituminous . Mr . Madigan 45 advised that neither Minneapolis nor St . Paul nor any other 46 metropolitan suburb is putting in concrete. He showed graphs 47 which tracked costs over a fifty year period for concrete and 48 bituminous . Over a long period of time concrete and its 49 maintenance is less expensive than bituminous . 50 • I REGULAR COUNCIL MEETING . 2 MAY 11 , 1993 3 PAGE 6 4 5 6 The City Manager stated that the average of the City ' s streets 7 is thirty-five years and this is the first time reconstruction 8 is being addressed . He also stated that the recommendations 9 of the Road Task Force are being followed . 10 11 Mr . Madigan- "noted that technology was different when some of - 12 these streets were built . Some of the concrete streets put in 13 many years ago have failed for a number of reasons . He felt 14 some measures can be taken to prolong the life of both 15 concrete and bituminous streets . 16 17 At its recent work session , the Council had considered 18 changing the assessment rate for property owners from 50% to 19 25% . The City Manager contacted Springsted Financial Advisor , 20 Bob Thistle, for his recommendation regarding an assessment 21 policy . 22 23 Mr . Thistle cautioned against using the 25% proposal in that 24 it is too close to the minimum of 20% . Other considerations 25 should be avoiding having general obligation bonds in excess 26 of 2% and avoid the risk of having a project which comes in 27 less than the 20% necessary to assess for improvements which • 28 were bonded for . 29 30 Councilmember Enrooth recommended that the assessment policy 31 be a 35%/65% split on this project except for the overlay 32 which will be a 50%/50% split . 33 34 Motion by Wagner, second by Enrooth to approve Resolution No. 35 93-032 being a resolution amending the assessment policy of 36 the City of St . Anthony. 37 38 Motion carried unanimously 39 40 41 Mr . Madigan noted that the work on 37th Avenue will be 42 delayed. This project will require a variance as the width of 43 the street does not meet the Minnesota_ State Aid requirements . 44 45 46 B. Planning Commission - April 18 , 1993 47 48 Commissioner Madden was in attendance representing the 49 Planning Commission . 50 • REGULAR COUNCIL MEETING MAY 11 , 1993 3 PAGE 7 4 1 . Plat Approval for 27th Avenue and Coolidge Street Road 7 Improvements 8 9 The City Manager advised that the triangular shaped parcel 10 near the Bona service station in not identified as being 11 vacated on the plat . It is still shown. as right-of-way . He 12 also noted that he recently met with Mr . Bona and his legal 13 counsel and an agreement is very closed to being finalized . 14 15 Motion by Enrooth , second by Wagner to concur with the 16 Planning Commission ' s recommendation to approve the 17 preliminary plat for the 27th Avenue/Coolidge Street area . 18 19 Motion carried unanimously 20 21 2 . Sian Variance Request - Northaate Office Park, 2500 22 Hiahway #88 23 24 Commissioner Madden stated the issue regarding this variance 25 request is whether or not there is a hardship . Council'member Marks mentioned that a hardship could mean a 8 peculiarly shaped lot or topography . 29 30 The City Manager noted that the previous variance granted for 31 a sign at this location wa-s based on there being a hardship. 32 While he recognized that there is precedence for granting this 33 request he stated there was some concern regarding the 34 validity for granting it the first time . 35 36 Motion by Marks , second by Enrooth to accept the Planning 37 Commission ' s recommendation and deny the _request for a sign 38 variance based on there being no legal hardship . 39 40 41 Motion carried unanimously 42 43 3 . Plannina Commission By-Laws 44 45 Commissioner Madden stated he is not prepared to discuss the 46 matter of the Planning Commission By-Laws . 47 48 The City Manager reviewed material which addressed an 49 "abstention" vote by a member of the Planning Commission . 50 1 REGULAR COUNCIL MEETING • 2 MAY 11 , 1993 3 PAGE 8 4 5 This was for informational purposes only . No Council 6 action was taken . 7 8 C . Reports of the City Council 9 10 1 . Report of' Councilmember Wanner 11 12 Councilmember Wagner attended the recent board meeting of 13 the Apache Plaza Merchants Association . He reported that 14 a statement was made which suggested the City is delaying 15 the final plans for the CUB Store in that a walkway is 16 being requested . Supposedly, this walkway is to be 17 located between the CUB Store and the shopping center . 18 19 Councilmember Wagner corrected this misinformation in 20 that the walkway is being opposed by the CUB store 21 representatives and not the City . 22 23 He noted that the Association continues to do a very good 24 job of planning events in the shopping center which 25 attract large numbers of people . One of these events was 26 a Health Fair which attracted 3 , 000 people . 27 28 Councilmember Wagner attended a meeting of the Community 29 Service Advisory Council . School Superintendent Rolig is 30 conducting a very thorough analysis of -the needs at the 31 Community Center and of Wilshire Park School . 32 33 Mayor Ranallo stated that the school ' s lease for use of 34 the Community Center expires on November •lst . City 35 Manager Burt noted that the City ' s Finance Director has 36 advised him that the operating costs of the Center have 37 increased substantially since the initial lease was 38 signed . 39 40 2 . Report of Councilmember Flemina 41 42 Councilmember Fleming received a call from a resident of 43 Walker Residence regarding the drive through traffic 44 behind the bowling alley. Most of this traffic appears to 45 be going to the Town & Country Market . 46 47 The City Manager recalled there had been a sign posted 48 which cautioned this was not a drive through. It had been 49 knocked down . Hennepin County has indicated it intends to 50 place a barrier in that location . REGULAR COUNCIL MEETING MAY 11 , 1993 3 PAGE 9 4 5 3 . Report of Councilmember Marks 6 7 Councilmember Marks advised that it appears two citizens 8 of Salo, Finland will be coming to visit St . Anthony this 9 summer . Salo is St . Anthony' s Sister City . 10 11 Originally, about forty people indicated an interest in 12 visiting the City. Councilmember. Marks felt the severe 13 economic problems being experienced currently in Finland 14 made it difficult for others to visit . He noted there is 15 twenty percent unemployment in Salo and the .country ' s 16 currency has been devalued twenty percent . Also, the 17 currency exchange agreement was cancelled by Russia which 18 was Finland ' s larget trading partner . 19 20 4 . Report of Councilmember Enrooth 21 22 Councilmember Enrooth advised that the City ' s Clean-Up 23 Day was very successful . He thanked the members of the 24 Council and staff who participated . Urbia noted there was 25 approximately $2 , 200 realized in revenue . 26 Councilmember Enrooth declir=d reappointment to the Board of Directors of the Association of Metropolitan 29 Municipalities . He has served two and one half years . 30 31 The Hennepin County Solid Waste Management Master Plan 32 has been completed. Councilmember Enrooth participated in 33 drafting this document . 34 35 Councilmember Enrooth has received complaints regarding 36 dogs running loose in the City ' s parks as well as their 37 owners not cleaning up after them. The City Manager will 38 prepare a press release regarding this matter . 39 40 Councilmember Enrooth has been advised that one of the 41 school ' s parking lots was being swept between 2 : 00 and 42 4 : OO a .m. He questioned the timing. of this procedure. The 43 City Manager will follow through on this but stated he is 44 unaware that the City did this . 45 46 Mayor Ranallo observed a number of non-residents taking 47 advantage of the City' s Clean-Up Day . He even noticed a 48 truck come and leave off construction materials . He 49 questioned what could be done to eliminate non-resident 50 participation . I REGULAR COUNCIL MEETING 2 MAY 11 , 1993 3 PAGE 10 4 5 6 Councilmember Enrooth recalled that last year 7 identification was required to participate in the clean 8 up . There could be a surcharge for non-residents . The 9 Mayor suggested that a "Resident Only" sign could be 10 located at the clean up site . 11 12 Urbia advised that no tax dollars were used from the 13 General Fund for the Clean Up Day . 14 15 5 . Report of Mayor Ranallo 16 17 Mayor Ranallo noticed that the sidewalk adjacent to the 18 Lowry Grove Trailer Court has been dug up and it will be 19 thirty days before a new one is installed . 20 21 The City Manager advised this timetable is necessary 22 because the base must dry out . He also noted that 23 equipment which was too large was used to dig up the 24 sidewalk . 25 26 The Mayor had concerns regarding safety of the children 27 in the area . He requested that the Police Department be 28 aware of the potential safety problems and be alert . 29 30 The Mayor has also noticed people rollerblading on City 31 streets . He inquired what the City' s liability may be if 32 one of these people is injured . 33 34 The, City Manager will contact. the City Attorney for 35 additional information associated with rolle,rblading on 36 City streets and liability . 37 38 D. Report of the City Manacier 39 40 1 . AMM Annual Meeting 41 42 The annual meeting of the Association of Metropolitan 43 Municipalities is scheduled for May 26th. The City 44 Manager requested any Councilmembers interested in 45, attending notify him. The deadline for registration is 46 May 21st . 47 48 49 2 . Lauderdale Police Contract 50 REGULAR COUNCIL MEETING MAY 11 , 1993 PAGE 11 4 5 6 The City Manager met with the Police Chief and the 7 Finance Director to discuss the costs which would be 8 associated with supplying police service to the City of 9 Lauderdale . 10 11 Lauderdale will not be paying the start up costs which 12 will include training and fringe benefits for the three 13 officers who would be hired . 14 15 The City Manager recommended that St . Anthony withdraw 16 from consideration for the City of Lauderdale police 17 service . He felt this commitment would impact severally 18 on the services available to residents of St . Anthony and 19 the budget could not handle the extra expenses involved . 20 21 There was a consensus among the Councilmembers that this action should no longer be pursued and to withdraw the = City ' s name from consideration for the contract . _4 25 8 . PUBLIC HEARINGS 26 IThere were no public hearings . 29 9 . NEW BUSINESS 30 31 A. Resolution No. 93-031 - Street Improvements 32 33 Motion by Enrooth, second by Marks to approve Resolution No . 34 93-031 which is a resolution of the St . Anthony City Council ?5 directing advertising for bids for 37th Avenue and Penrod Lane 36 concrete street rehabilitation . 37 38 Motion carried unanimously 39 40 10 . UNFINISHED BUSINESS 41 42 A. Ordinance No. 1993-003 - Delinquent Readings & Payments 43 44 Motion by Wagner, second by Marks to approve the second 45 reading of Ordinance No. 1993-003 being an ordinance relating to untimely water meter readings and delinquent water bill 47 payments ; amending Sections 610 . 09 and 610 . 10 of the 1993 St . 48 Anthony Code of Ordinances . 49 50 Motion carried unanimously I REGULAR COUNCIL MEETING 2 MAY 11 , 1993 3 PAGE 12 4 5 6 B . Miscellaneous Issues 7 8 1 . The City Manager advised that three errors were found 9 so far in the recodified City Code. 10 11 2 . Councilmember Enrooth noted that Stu Bonniwell had 12 conducted the audit of the AMM. This organization was 13 very impressed with his service. Mr . Bonniwell conducts 14 the audit for St . Anthony. 15 16 3 . Mayor Ranallo referred the Councilmembers to the City 17 Manager ' s memo regarding consolidation of some of the 18 City' s polling places . This is not permitted by statute . 19 20 11 . ADJOURNMENT 21 22 Motion by Marks , second by Wagner to adjourn the meeting at 23 9 : 05 p.m. 24 25 Motion carried unanimously 26 27 28 Respectfully submitted, 29 30 31 Jo-Anne Student , Council Secretary 32 33 34 35 36 Mayor Clarence Ranallo 37 38 39 ATTEST: 40 City Clerk 41 42 43 44 45 46 47 48 49 50