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HomeMy WebLinkAboutPL PACKET 12211993 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 101435 BOX: ZO Folder: PL PACKETS 1993 Document: PL PACKET 12211993 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA DECEMBER 21, 1993 7:00 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF NOVEMBER 16, 1993 MINUTES. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JANUARY 11, 1994 CITY COUNCIL MEETING. V. PUBLIC HEARINGS. A. 7:05 P.M. - BUILDING RELOCATION - 3515 HARDING STREET N.E. VII. MISCELLANEOUS. A. PETITION FOR SIGN VARIANCE, JAKE CADWALLADER - OWNER - REALITY WORLD CADWALLADER, 3800 APACHE LANE B. DISCUSSION ON OUTSIDE STORAGE C. SLIDE PRESENTATION OF PERMANENT GROUND SIGNS VIII. COMMISSIONERS' COMMENTS. IX. ADJOURN. 1 CITY OF ST. ANTHONY •2 3 PLANNING COMMISSION MEETING 4 5 NOVEMBER 16, 1993 6 7 8 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 9 10 The meeting was called to order at 7:00 p.m. and the Pledge of Allegiance was led by 11 Chair Faust. 12 13 U. ROLL CALL. 14 15 Commissioners present: Bergstrom, Thompson, Franzese, Gondorchin, Faust, 16 Madden, and Makowske 17 18 Staff present: City Manager Burt, Assistant Sarah Bellefuil 19 20 Also present: David Ewald representing Goodyear 21 22 ffi. APPROVAL OF THE OCTOBER 1993 PLANNING COMMISSION. 23 Motion by Commissioner Franzese and seconded by Commissioner Madden to 5 approve the minutes of the October 19, 1993 Planning Commission Meeting with the 26 following corrections: 27 28 Page 2, Line 17: The last sentence "A public hearing will be required for the 29 relocating of an accessory building" to include "if not in compliance with required set 30 backs". The City Manager corrected this by informing Commissioner Franzese that 31 anytime you relocate a building, including a shed or garage, now you have to have a 32 public hearing. 33 34 Page 3, Lines 17-18: Commissioner Gondorchin had asked Ms. Owen if she had any 35 previous experience operating this sort of business and also if the employee would be 36 hers or if this was leased space or arrangement. She stated that she had no previous 37 experience and that employee was hers. The Commissioner wanted that added for the 38 record. 39 40 Page 7, Lines 38-40: Commissioner Franzese inquired regarding the sentence "Bauer 41 noted when this building was built zero lot lines did not exist." The City Manager 42 indicated it was a factual statement and our ordinance to date still doesn't exist.with 43 zero lot lines excepting commercial zones. 44 I PLANNING COMMISSION MEETING 2 NOVEMBER 16, 1993 • 3 PAGE 2 4 5 6 Page.4, Line 39: Commissioner Gondorchin questioned the statement of Staff 7 recommending a variance to zero feet. The City Manager indicated it was a correct 8 statement because it is the old Coolidge that goes through so it is right on the 9 property line. 10 11 Page 12, Line 14: The City Manager defined "The Alliance" as "a company." 12 13 Page 12, Line 19: Commissioner Franzese inquired regarding the City Manager's 14 statement that letters regarding this hearing were sent to all those who currently use 15 community center space. The City Manager indicated letters were sent to everyone 16 including individuals and organizations who used the space. 17 18 Motion carried unanimously. 19 20 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO CITY COUNCIL'S 21 DECEMBER 13, 1993 MEETING. 22 23 Commissioner Madden will attend the December 13, 1993 City Council Meeting 24 representing the Planning Commission. 25 26 V. PUBLIC HEARINGS. 27 28 The public hearing was opened at 7:07 p.m. There was a notice of the public hearing 29 sign variance in the November 3, 1993 edition of the Bulletin. 30 31 A. Goodyear Auto Service Center, 4020 Silver Lake Road; sign variance 32 request. . 33 34 David Ewald appeared on behalf of Goodyear Auto Service Center located 4020 35 Silver Lake Road. 36 37 The'City Manager explained the applicant was requesting three variances for.two 38 signs. The original request appeared that they were actually-going to ask for four 39 variances for an additional sign on the rear of the building. However the rear of the 40 building faces some garages where it wouldn't be seen and the plans were developed 41 out of Ohio where they weren't familiar with the site so they did omit one. The first 42 variance is for an additional wall sign. They have one wall sign on the building.right-. 43 now that says "Goodyear Certified Auto-Service" and they would like an additional 44 sign above the showroom. That existing sign is 89 sq. ft. They want additional 52 45 sq. ft. -It still would be under the total allowable sign surface area which is 150 46 • I PLANNING COMMISSION MEETING NOVEMBER 16, 1993 W PAGE 3 4 5 square feet. Proof of hardship must be met to allow an additional front wall sign. 6 Goodyear also wants to replace the existing ground sign. The plans for the ground 7 sign under the current ordinance require a variance to height and to actual sign 8 surface area. The store would need a 32 foot 4 inch total sign surface area variance 9 because he wants a 62 square foot sign which is double what they can have by our 10 ordinance. The ordinance allows a sign totalling 32 square feet total sign surface 11 area. The sign is proposed to be a six feet four inches and only five feet is allowed 12 in that area. Mr. Ewald did not submit any landscaping plans with this request so no 13 bonuses were applied. Looking at commercial sites it is difficult to say that Goodyear 14 meets hardship. 15 16 Commissioner Madden asked if.Goodyear was aware of bonuses for landscaping and 17 Mr. Ewald indicated the company in Ohio wanted him to submit'the request as is. 18 Commissioner Madden measured the existing landscaping area and indicated it was 19 about 130 square feet. The City Manager indicated Goodyear would have to dress up 20 the landscaping and submit a landscape plan to qualify for a bonus. 21 22 The City Manager responded to inquiry from Commissioner Makowske regarding the 23 position of the current ground sign. The new ground sign wasn't marked on the map tbut would be taking the same location as the existing one. 5 26 Commissioner Thompson indicated he believed there was a little degree of hardship 27 . because when travelling down the road from the north if you make the light you don't 28 see Goodyear because of the fence and water tower unless you get up parallel to it 29 and being that it is set way back in the backwall I think there is a degree of hardship 30 coming from that direction. He indicated he believed the Hardee's sign to be 31 intimidating because it is much larger. 32 33 The City Manager noted that is one of the reasons he would like to go through and 34 review the ground sign ordinance because many signs have never been measured. 35 Commissioner Makowske inquired to the way the agenda was set up regarding 36 granting a variance that under our review of the ground sign ordinance if we were to 37 make any changes there then Goodyear might actually conform. The City Manager 38 indicated if you denied Goodyear's request and then recommended change to the 39 ordinance it would take three readings of the ordinance before it became law. The 40 City Manager believed Goodyear just wanted to get a sign. 41 42 Chair Faust indicated that this application has caused the Planning Commission to 43. look at the ordinance to see if change would be recommended. 44 I PLANNING COMMISSION MEETING 2 NOVEMBER 16, 1993 • 3 PAGE 4 4 5 6 The-City Manager discussed Goodyear's landscaping regarding the ground sign. It 7 you lowered the sign four inches it would be eight square feet more sign surface area. 8 GoodYear would still need to reduce the total size of the sign. They can have a total 9 of 40 square feet of sign surface area and Mr. Ewald is requesting 62 square feet. So 10 Goodyear would still need a variance. 11 12 Commissioner Franzese indicated the total square footage of the Hardee's sign was 13 86.64 feet and thought this was relevant because the other signs in the area have to 14 compete with the Hardee's sign. 15 16 David Ewald spoke on behalf of Goodyear in Ohio. He serves as Executive Director 17 of the Minnesota Sign Association and in that capacity he has been exposed to 18 ordinances ranging from Minneapolis-St. Paul to Effe and Big Fork so he sees a good 19 number of ordinances and has access to a number of materials from other 20 organizations in different states. Mr. Ewald indicated that Goodyear would like to 21 make the hardship argument because some of the other signage in the area is larger. 22 The new manager of the Goodyear store wants to re-landscape. The second issue for 23 hardship is the advance warning you need to enter the store. It is very inconvenient 24 and you must make a u-turn. (Mr. Ewald distributed a letter visibility chart.) The 25 letters Goodyear is proposing in signage are actually smaller than smallest letters on 26 chart and indicated a well-defined one inch letter can be read from approximately 40 27 feet away. Goodyear's proposed sign would have visibility of 360 feet which Mr. 28 Ewald does not feel excessive given the advance decisions that people need to make to 29 get into that store. 30 31 Goodyear has been at that location since 1974 and is a good corporate citizen and a 32 stable base of tax paying business. Mr. Ewald indicated Goodyear's main concern 33 was the ground sign. 34 35 Commissioner.Franzese inquired about the corporate colors of Goodyear and Mr. 36 Ewald explained the colors are light blue and yellow with gray. 37 38 Commissioner Makowske asked what hours the sign would be illuminated and Mr. 39 Ewald responded he was not sure of the hours but would be the same as the current 40 sign. 41 42 Commissioner Thompson indicated he felt St. Anthony needed to keep healthy 43 business climate because of the recent loss of two oil stations. He felt they needed 44 improvement on the signs there. 45 46 . The public hearing was closed at 7:31 P.M.. I PLANNING COMMISSION MEETING NOVEMBER 16, 1993 3 PAGE 5 4 5 6 Discussion by Commissioners. 7 8 Commissioner Bergstrom indicated that he felt the Commission had the cart before the 9 horse. He thought it would be appropriate to table this item until the Commission 10 had a discussion of ground signs. 11 12 Commissioner Franzese indicated she found a hardship because Goodyear is set so far 13 back from the road and the distance is intensified by the coloration of the signage next 14 to Hardee's and the fact that you have to have advance warning to make the u-tum to 15 get into the business from the south. 16 17 Commissioner Gondorchin indicated he was not in favor of granting Goodyear a wall 18 sign because there would be two plus the fact that Goodyear appears across the garage 19 door. The Commissioner recommended'Goodyear simply make the ground sign 20 larger making use of landscaping bonuses available. 21 22 Chair Faust indicated he did not support a variance because he does not find hardship Or and indicated his concern for setting precedents for other businesses. 25 Commissioner Madden indicated he saw a hardship and agreed with Commissioner 26 Franzese regarding the visibility factor neighboring businesses have due to much 27 larger signs. He indicated that he was alarmed about the eroding.tax base in the area 28 and felt'the City needed to encourage business and jobs. He indicated he felt granting 29 a.ground sign was a very small price to pay to keep a business. 30 31 Commissioner Makowske agreed with everyone regarding the wall sign and indicated 32 he did see a hardship because, of the setback and current sign visibility. He indicated 33 he spoke with the manager of Goodyear and who was anxious to have a new sign and 34 make improvements. 35 36 Commissioner Franzese indicated she was in favor of Goodyear's request for a second 37. sign because when you pass the building you don't look at the ground sign and 38 because of the setback location. Commissioner Madden indicated he believed Mr. 39 Ewald withdrew his request for a second sign and Mr. Ewald affirmed. 40 41 Motion by Franzese, seconded by Madden that the Planning Commission recommend 42 to the Council to grant a variance to replace the existing Goodyear ground sign. It 43 should be replaced with one that would be four inches lower than the measurements 44 submitted with a height no greater than.six feet with the condition that there must be 05 landscaping in order to take advantage of the bonus situation and after which there 6 I PLANNING COMMISSION MEETING 2 NOVEMBER 16, 1993 • 3 PAGE 6 4 5 6 would be a necessity for a 22 square foot variance. That recommendation is based on 7 the fact that no one appeared to speak against the sign and that it satisfies the three 8 conditions required for passage of a variance. The hardship consists of several 9 factors (1) distant of business from road; (2) coloration of the sign is lacking in 10 intensity next to surrounding signs; (3) visibility blockage when coming from north; 11 (4) a u-tum is required when coming from the south in entrance to the property; (5) 12 the neighboring sign is much larger; (6) the business has been a long contributor to 13 our tax base; and (7) traffic speed. 14 15 The City Manager asked that for further variances the Planning Commission 16 reconsider the color of the sign as being a hardship. 17 18 Commissioner Franzese withdrew coloration of the Goodyear sign as being a 19 hardship. 20 21 Voting on the motion for ground sign only: 22 23 Aye: Commissioners Thompson, Franzese, Madden, and Makowske 24 Nay: Commissioners Bergstrom, Gondorchin, and Chair Faust 25 26 Motion carried. 27 28 That motion will go before the City Council on December 13, 1993 and Chair Faust 29 advised Mr. Ewald to be at the meeting because the Council has the ability to either 30 reject, accept or modify it to any desires that they so see fit. 31 32 Commissioner Franzese asked Mr. Ewald to check with Goodyear regarding hours of 33 illumination and Mr. Ewald indicated he would withdraw the application fora second 34 sign at this time. 35 36 VI. MISCELLANEOUS. 37 38 A. Cadwallader's Realty World, 3800 Apache Lane; sign variance request. 39 40 The City Manager informed the Commission that Jake Cadwallader wanted him to go 41 to New Brighton to see a pylon sign that looks like a for sale sign and the City 42 Manager indicated to him that.pylon signs are not permitted and suggested that there 43 is room to put a wall sign on his building. Mr. Cadwallader was not happy and said 44 he would get back to the City Manager but didn't until November 16th and asked that 45 we continue the matter in December. • 46 I PLANNING COMMISSION MEETING NOVEMBER 16, 1993 W PAGE 7 4 5 6 B. Tan Me. 7 8 The City Manager indicated Tan Me in Apache was purchased and the new owners 9 wants to change hours. The City Manager wasn't sure if hours were ever established 10 so he doesn't know if they would be changing conditional use. 11 12 C. Scott Barton. 13 14 The City Manager indicated Scott Barton will be present at the next meeting regarding 15 moving his garage. The City Manager suggested that in the future we change the 16 requirement of appearing before a public hearing to move a shed or garage on a 17 person's own property. 18 19 D. Review Ground Sign Ordinance.. 20 21 The City Manager discussed the ground signs and how difficult it is to prove 22 hardship. are very difficult to prove hardship. He said if there is going to be a 23 variance there has to be a good reason. The City Manager felt landscaping should be mandatory and to get ground sign a landscaping plan should also be submitted. He 5 indicated he though the size of the sign should be determined by property size not 26 neighboring signs. The ordinance reads you can have one wall sign and one ground 27 sign. The City Manager indicated he and his assistant will start an inventory of 28 ground signs and catalog the different sizes and shapes. 29 30 Chair Faust welcomed Chris Makowske on the Commission. Commissioner 31 Makowske indicated he was a life-long resident of St. Anthony and very pleased to be 32 part of the Commission because it is a tradition in his family to give back to 33 community which has formed you. 34 35 Commissioners Comments. 36 37 Commissioner Madden inquired if there was any news on Cub. 38 39 The City Manager responded that he met with them last week and that the most 40 positive news was that they hade budgeted for the St. Anthony Cub store in 1994 as 41 well as a store in Robbinsdale. The footage would be 50,000-88,000 square feet 42 depending on ownership. Cub is looking at,late October of 1994 to open. The City 43 Manager indicated that he and the Mayor stressed to SuperValu that the residents 44 appear to want only a Cub. A final decision will be made during the Fall of 1993. I PLANNING COMMISSION MEETING 2 NOVEMBER 16, 1993 3 PAGE 8 4 5 6 Commissioner Franzese wanted to congratulate the City for holding down taxes. She 7 also encouraged everyone to write representatives regarding the library and said the 8 St. Anthony library consumes only 1% of total library bill. 9 10 Commissioner Franzese also inquired about the future of City Hall and the City 11 Manager responded that it wasn't feasible right now with all the other projects. He 12 indicated the two new officers starting the first of the year will be in the expanded 13 space in the police department. 14 15 Commissioner Franzese indicated she was in contact with the owner of free standing 16 building being bought out and the owner wanted to know what kind of incentives 17 there are to encourage the new owner to come to St. Anthony. Commissioner 18 Franzese welcomed any ideas from anyone. 19 20 Commissioner Thompson commented on the new dental building which he believed 21 was going to be super asset to the Village. He has observed.the quality construction 22 and landscaping. 23 •24 Commissioner Bergstrom reported the Environmental Task Force scheduled to have a 25 quarterly meeting this Thursday touring an incinerator downtown has been postponed. 26 27 Commissioner Makowske wanted to encourage people to make the library meeting or 28 write representatives in Hennepin County. 29 30 Commissioner Franzese felt that the City Council should communicate with Hennepin 31 County the strong desirability of voting to retain library. Commissioner Madden 32 indicated that they had already done so. 33 34 The City Manager indicated Mary Jo McGuire and John Marty wrote letters to each 35 county commissioner.. Senator.Marty indicated that he would be in touch personally 36 with those he knew and talk to them about keeping it open. The Council has sent 37 letters and tried to get-in touch with the majority of members and the Mayor will be 38 making a speech at:the meeting. 39 40 Commissioner Gondorchin commented that tax statements were showing 10-12% 41 increase in St. Anthony and felt this was because St. Anthony has been experiencing a 42 loss in taxable value. Almost every commercial and industrial property has had taxes 43 lowered. The 1980s values were up high and with recession they came down. 44 Everybody is paying more in taxes and it is affecting all of us. Commissioner 45 Gondorchin stated that St. Anthony has to get the.tax base back up because that's the 46 • I PLANNING COMMISSION MEETING •2 NOVEMBER 16, 1993 3 PAGE 9 4 5 only way they can afford building roads. The Commissioner stressed the fact how 6 crucial the new Cub store will be to the City. 7 8 VII. ADJOURNMENT. 9 10 Motion by Chair Faust and seconded by Commissioner Franzese to adjourn meeting at 11 8:40 p.m. 12 13 Motion carried unanimously. 14 15 16 17 Respectfully submitted, 18 19 20 21 Margaret A. Noyd 22 Planning Commission Secretary �3 STAFF REPORT DATE: December 21, 1993 TO: Planning Commission FROM: Tom Burt, City Manager RE: REQUEST FOR BUILDING RELOCATION The applicant, Scott Barton, 3515 Harding Street N.E., previously appeared before the • Planning Commission for a garage setback variance. As the Planning Commissioners are aware, the applicant withdrew his request on October 19th., Subsequently, the applicant has requested moving his existing garage forward as a freestanding accessory use (garage). The ordinance, Section 1650.11 (see attached), states that any building relocated must have a public hearing. The applicant's request meets all setback requirements of the ordinance for a freestanding accessory structure. RECOMMENDATION Planning Commission to recommend to Council approval of the request for building relocation. DATE: 2 — 3 FEE: V),41 v r— D) (Base on assessed valuation of the P� I , c I � \ building being relocated as provided in;:': c. Z I the Uniforrri.:$uilding.Code'.)-- CITY OF ST. ANTHONY APPLICATION FOR . RELOCATING BUILDINGS WITHIN THE CITY OF ST. ANTHONY APPLICANT: �° - 0 �1 PHONE: �S — 29 0 7� ADDRESS: S ! S ✓�-2 D "(G ^1 r • Location of property where application is made: v �;- r � H-✓a-rz b , 'A cr S Zoning district in which property is located: Using additional sheet(s) of paper. briefly address the following items: (1) name of licensed mover (approved by the City Manager); — F2.4S� N�to��2S (2) origin of the building; ( 5T-r— D2��.► .,�) (3) destination of the building;- (4) proposed route; — (,s F_g (5) date and time of move. P2 p,,, AA O" t 9 q Please include a detailed site plan. A survey will be required if the property line cannot be verified. SIGNATURE OF APPLICANT: ` (See back for applicable Ordinance code.) ,lcriv- ; 2z�o�A--gib Cj44Z/4&r ;,�I d,'o vtAPLY uo i- 4- 20 r.1 11,4 CS , ii 1 g A-.Y-- , A-r10 ,A o-ri+cZ 2 cs-a E,,,j g-FI CAS - N n uH 1L o � r i dr ►_ � x rd �� .p r !� IA, ,J a� 1 E 3 f rS • Planning Commission ` 3301 Silver lake Road N.E. = St. Anthony MN 55418 RE: 3515 Harding Set Back Permit To Whom it May Concern, We would like to publicly express our support for Scott Barton's request of a set back permit for his garage. We have talked with Scott about this project and we believe the work he is planning will be a great improvement to his home, as well as the entire neighborhood. The past two years we have seen Scott put a considerable amount of effort and money into cleaning up and improving his home. We believe his intentions are honest and commendable. We would like to see this committee decide in his favor. Ken Friberg and Iona Miller 3511 Harding Sr (c) In the C and LI Districts the required trees, shrubs and ground cover i%ill be specified by the Council based upon aesthetic considerations, • the size and type of structure, and the available open space. 1650.09 Screening. Screening may be accomplished with a wall, fence, berm or other landscape feature, or plantings which will provide an opacity of 80% within three years of planting. Planting type and screen design are subject to Planning Commission review and Council approval. Screening is required on B, C or LI District property which abutts any property in a residential District. The Council may require screening on R4 District property which abutts R-1, R-1A, R-2 or R-3 District property. All exterior storage must be screened, except merchandise being displayed for sale or materials and equipment being used for construction on the premises. 1650.10 Boulevards on Corner Lots. No new structure, fencing, grade elevation or planting, in excess of 18 inches above the curb line is permitted within the boulevard on corner lots in residential districts. 1650.11 Relocating Buildings. Structures to be'relocated within the City must comply; wi.th the following: Subd. 1. Licensed Mover. Buildings may be moved only by a licensed building mover approved by the City Manager. Subd. 2. Public Hearing. A public hearing to consider the application for the permit will be held by the Planning Commission and notice of the hearing will be given in accordance with Section 115. The Planning Commission will then make its recommendations to the Council regarding the permit. Subd. 3._ Permit. The mover must complete a permit'application specifying the ori gin and destination of the building, the proposed route and the time of the . move. Subd.4. Relocated Buildings. The relocated building must comply with the Zoning Code and all other applicable codes. Subd. S. Moving Permit. The owner of record will be charged a moving permit fee based upon the assessed valuation of the building as provided in the Uniform Building Code. Subd. 6. Codes and Section Compliance. A building may not be occupied until it has been inspected by the City's Building Official and it has been determined that it complies.with all applicable laws and regulations. 1650.12 Soil Removal and Filling. Land reclamation and land removal and filling, grading and excavation of beaches will be permitted only by permit issued by the Council. An application for a permit must include the following and be accompanied by the fee set forth in Section 600: 16-38 STAFF REPORT DATE: December 21, 1993 TO: Planning Commission FROM: Sarah Bellefuil, Management Assistant RE: PETITION FOR SIGN VARIANCE, JAKE CADWALLADER - OWNER - REALITY WORLD - CADWALLADER, 3800 APACHE LANE. • At the October 19, 1993 Planning Commission meeting this item was referred back to staff to work with the applicant to determine a more appropriate conforming sign. In late October City Manager Burt discussed with the applicant possible options but the applicant was not responsive to the recommendations. On November 16, 1993 the applicant called staff stating that he would like his item to be on the December 21 Planning Commission agenda. Since that time there has been no contact between staff and the applicant. RECOMMENDATION Planning Commission to take the item off the agenda and direct staff to contact the applicant to remove a temporary sign currently located in front of the building in question. STAFF REPORT DATE: December 21, 1993 TO: Planning Commission FROM: Sarah Bellefuil, Management Assistant RE: OUTSIDE STORAGE The City does not have an ordinance addressing outside storage and sales. In the past,the issue of outside storage has not been a problem, but recently there has been an increase in the number of items stored outside by local businesses. For example, local gas stations are placing pallets of salt and bottles of antifreeze in front of their stores. . While the items are useful, it is becoming an eyesore at certain locations. Because their is currently no ordinance addressing this issue the staff is unable to control this activity. One way to control it would be through a special use permit. This would allow the City to review individual proposals and make recommendations if an applicant requests outside storage and sales space. Attached are ordinances from other cites addressing outside storage and sales. RECOMMENDATION Planning Commission to recommend that staff research and develop an outside storage and sales ordinance. The ordinance would require a special use permit by businesses if they wish to store or sell items outside of their building. Sound levels shall be measured by equipment meeting the specification of the American Standards Association. (e) Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge, shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. (f) Any use established-in the industrial or business district shall be so operated as to permit no smoke or particulate to be discharged that is darker than No. 1 classification of the Ringelmann Smoke Chart furnished by the U.S. Bureau of Mines, and the emission shall not exceed more than seven-hundredths (0.07) pound per hour per acre of site occupied. (g) Any use established shall be so operated as not to discharge across the boundaries of the lot, or through percolation into the subsoil beyond the boundary of said lot where such use is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury to damage to property or business. (h) Any use established in an industrial or business district shall operate in such a way as to prevent the emission of odorous matter of such quality is to be readily detectable beyond the lot line of the site on which such use is located. (i) Any use producing intense heat or direct light transmission shall have shielding to prevent such heat or direct light from being detectable at the lot line of the site on which the use is located. G) Any use established in a residential, industrial or business district which requires the storage of material or goods shall provide a six-foot screen to shield the material or • goods from sight by the public traveling on the public right-of--way; and if such material or goods is to extend a height greater than six (6) feet, it shall be subject to the same yard requirements as a building for the district in which it is located. Material stored in the open shall be in rows no greater than fifty (50) feet in width with access drives not less than eighteen (18) feet between rows. (k) All loading docks and vehicular doors established after October 24, 1968, shall when facing a public right-of-way be fifty (50) feet or more from said public right-of-way; but at no time shall the truck or trailer cross the property line when parked. No more than one (1) loading dock accommodating one (1) truck at a time shall face a public street. (1) The exterior treatment on the street side of the structure shall be brick, stone, tilt-up slabs, architectural metal panels, decorative block or equivalent. The other sides of the structure shall not be raw block. SECTION 6400. FENCES. The placement or construction of a fence in an industrial district shall be subject to regulations contained in Section 4-540(a) through 4-540(c) except as hereinafter modified. (a) In any part of New Brighton zoned industrial, no:fence shall be erected except in conformance with the following: • C:%WPS 1\oRD\CH-VI Page 7 of 8 SECTION..S-560: PERFORMANCE.STANDARDS. Any use established in a business district after October 24, 1968, shall be so operated as to comply with the performance standards contained in Section 6-390. SECTION 5-570. FLOODPLAIN MANAGEMENT. All business zoned lands within the City of New Brighton subject to periodic inundation as shown on the Official Floodplain Zoning Map shall be subject to all regulations contained in Chapter X. Q!!CTION -580.5 SPECIAL REQUIREMENTS,BUSINESS'DISTRICTS-' a. All business, storage, service, repair or processing, or merchandising display shall be conducted wholly within an enclosed building or behind a solid fence not less than five (5) feet high except for establishments of a drive-in type offering goods or services directly to customers, and also except for off-street parking and loading. b. Where a business structure or use abuts upon an R-1 or R-2 residential district, or is separated from such residential district, only by an alley, or is across the street from such district, there shall be a protective strip of not less than twenty-five (25) feet in width established as a buffer zone. This buffer zone shall contain no structures, shall not be used as a parking lot, off-street loading, or storage and shall be landscaped. Except for buffer zones across the street from an R-1 or R-3 residential district, all other required buffer zones in accordance with Section 5-580 b. shall contain a compact evergreen hedge or fence, but such-hedge or fence shall not extend within fifteen (15) feet of a street right-of-way. The planting or fence design must be approved by the building inspector as being in harmony with a residential neighborhood and providing sufficient screening of the commercial are The hedge or fence shall not be less than four (4) and not more than six (6) feet In height. c. Where a business structure or use abuts an R-3A-or R-3B district, there shall be a buffer strip at least fifteen (15)•feet wide screened in accordance with paragraph b. above. SECTION 5-590. HEIGHT EXCEPTIONS. Those types of structures that are proposed to exceed the business districts' height limitation are regulated by Section 4-600 of the zoning code. C:\WP5 c\ORD\CH-V Page 9 of 9 i 12.,14, 13':12 FAX '612--i84- 3462 CITY OF MV IM 002. 40. 01 C t^e _3romot, on of the public health , safety and welfare . Subd. F No structure shall be erected , converted , enlarged , reconstructed or altered , and no st=ucture or land shall be used .for any purpose nor in any manner which is not in confo_mity with '-he provisions o= *_his Code ( 40 . 03 ) . Subd . G Except as herein provided , no building , structure or premises shall hereafter be used or occupied and no building permit shall be granted that does not conform to the recuirements of this Code . Subd. H Uses -Slot Provided for Within Zoning Districts. Whenever in any zoning district a use is neither specifically per nor denied , the use shall be considered p_-oh=b- ited . =n such case the City Council or the Planning Commission on their own initiative or upon request, may conduct a study to determine if the use is acceptable and is so what zoning district would be nost appropriate and the determination as to conditions and standards relating to development of the use. The City Council , Planning Commission or property owner upon receipt o_ the staff study shall , If appropriate, initiate an. amendment to the Zoning Code to provide for the particular use under con- sideration or shall find that the use is not compatible for development within the City. Subd . 1 Authority. This Code is enacted pursuant to the au,zhority granted by the Municipal Planning Act, Minnesota Statutes, Sections 4-06'2. 351 to 4a2 . 3o3 . Subd . J A.niendr-ent; Comprehensive . The Council intends 'Chis Code to be a comprehensive amendment to Chapter 40 of the City, as amenced . Except as otherwise providee herein, the orovis ions of this Code are not intended to alter, diminish, or increase or otherwise mod_fy . anv' rights or liabilities existing on its affective data . Any act done , o�fense committed , or rights accruing or .accruea , or liability, penalty incurred--or imposed prior to the e-ffective data OF this Code is not affected by its enactment. Subd. X Senarability. It is hereby declared to be the intention of the City that the several. provisions of this Cade are separable in accordance with the following : ( 1) If any court of competent jurisdiction shall adjudge any provisionof this Code to be invalid , such judge- ment shall not affect any other provisions oJO. this Code not specifically included is said judgement. (2 ) if any court of competent jurisdiction shall- adjudge - invalid the appli,c-ation .oz any provision of this Code 205.07.06. -.. . January 1, 1983 shall have a basement except if located in a flood plain area. PARKING 5. pARKING RDoun04DM MUIREKE2M._i A. General Provisions. (1) A minimum of two (2) off-street parking stalls shall be. provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard except on a driveway or hardsurfaoed parking since approved by the City. back (3) All driveways and parking stalls shall beet to in three (3) feet f rcn, any property line except g r writing by adjacent property owners and filed with the City. B. Garage Requirements. , (1) All lots having a minimum lot area of 9,000 square feet or resulting from a lot split shall have a double garage. (2) All lots having a lot area least an 9,000 square a single and greater than 7,500 square garage. (3) The abov requirement. ereq rements shall satisfy the off-street parking sta pF�tFOIY�ANCE 6. MZF0r*WXz SIM)ARDS S tDS A. parking Requirements. (1) Existing Facilities: (a) At least one (1) off-street parking stall shall be provided for each &,elling unit. _ (b) The required parking stall shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City, and set back a minimum of three (3) feet from the side property line, except as agreed to by adjacent property owners. (c) A garage shall satisfy the off--street parking stall requirement. '(2) All driveways and parking stalls shall be surfacedwith } blacktop, ooncrete or other hard surface material approved by the City. B. Exterior Storage. (1) Nothing shall be stored in the required. front yard. (2) All materials shall.be kept. in a building or shall be fully screened so as not to be visible from any public right -of way except for stacked firewood, boats,. and trailers placed in the side yard. (3) The City shall require a Special Use permit for any 205.R1-b exterior storage-of inaterialst- except for 8(2) above. - - C. Refuse. All waste materials, refuse or garbage shall be contained in `.• closed containers as required under the chapter entitled "h'aste • Disposal" of the Fridley City Code. D. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setWck measured from curb grade. (2) The City may sjxci:fy a minimum finished ground grade for any structure in order to allow proper drainage and a mininnm top of footing elevation to allow for connection to City utilities.' The maximum slope (grade) on a driveway sJoll not exceed 1:10 (10%) above established curb grade . E. Landscaping. The following shall be minim= criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. (2) All open areas of any site, except for areas used for parking, driveways or storage, shall be sodded, seeded or have vegetative cover. �.. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4 All tracts or freec o 5litter l and properly junk. F. Maintenance. It shall be the responsibility of the prof�erty owner to ensure that: (1) Every exterior wall, 'foundation and roof of any building or structure shall be reasonably watertight, weathertioht and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free frcm extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that is extensive and gives ,evidence of . long 'neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provi6e a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent­(25%) of the area of f 20S.Rl-7 205.13.07: (3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. (Ref. Ord. .960) PERFORMANCE 7. PERFORMANCE STANDARDS STANDARDS A. Parking Facilities. All driveways, parking areas and loading docks shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials and cmnercial equipment shall be kept in a building or shall be fully screened, so as not to be visible from any, public right-of-way or adjoining property of a different district. (3) The City shall require a Special Use Permit for any exterior storage of materials. C. Refuse:. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "Waste Disposal" of the Fridley City Code. D. Screening. (1) Screening of off-street parking shall be required for: (a) Any off-strect?=parking area requiring more than " 10 trtcd four (4) spaces or adjoining a residential district. (b) Any driveway to a parking area of four (4) or more spaces within thirty (30) feet of an adjoining .Lt '•�1�'�G�� residential district. (2) Where any commercial district is adjacent to a public right-of-way or across from any residential district, the following requirements must be met: (a) There shall be a five (5) foot sidewalk easement provided along the property line. Council may allow the applicant to delay the installation of the sidewalk, if the applicant signs an agreement. that it will be constructed when the City requires the installation. • (b) There shall be a fifteen (15) foot planting strip located behind the required sidewalk, that is substantial enough to create a physical separation between the pubic right-of-way and the commercial property. n��oi 205.C1-15 LY..-.U.k_ FK1ULtl' __- t1 _.h 1-'-�, r1 -1«s; Lief :. .205.13:07. =_" - (3) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect. screening from vehicle damage. (4) All raw materials, supplies, finished or semi-finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or be screened on all sides from view from a public right-of-way or an adjoining property by a fence or other approved screen which extends two (2) feet above' the highest item to be stored with the height Of the fence not to exceed eight (8) feet. (5) Yor.or vehicles necessary to the operation of the principal use may be stored without screening only within the permitted rear yard area, if they are not readily visible from a public right-of-way. (6) All roof equipment, except alternate: energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible With the lines of the building, as determined by the City. (Ref. Ord. 960) E. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may- specify a minimum finished ground grade for any structure in order to allow proper drainage and connection to City utilities. F. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight, and rodentproof, and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or otber material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the struct»ra1 surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: 9AS r1�UG:' �: ITY OF POSEVILLE-r+Lli TEL C 1--4'!1.1- 7k I 11 . 010 ZONING CODE 2 . The following storage shall be conducted wholly within an area enclosed by a solid opaque wall or fence no less than eight (8) feet in height; and only in a general industrial district: A. Building materials and lumber sales S. Areas used for rental yards C. Farm machinery sales, feed sales, and bulk firewood sales D. Dirt, sand, gravel and rock sales E. Heavy equipment sales F. Construction equipment 10. 400. Modified General Industrial Districts (1-2a) . A Modified General Industrial District (I-2a) is established in which the uses permitted in General Industrial Districts (I-2) are permitted uses and those uses set forth in Section 10. 410 are special uses. 10.410. Special Uses in Modified General Industrial Districts (T-2a) . - The following uses are uses by special use permit in Modified General Industrial Districts (1-2a) : 1. All special uses in I-2 Districts. 2 . The collection, processing, treatment, and distribution of inorganic metal wastes consisting of metal compounds , solutions, sludges , and liquids , and the collection , bulking, separation, addition of absorbents, and distribu- bution of organic industrial wastes. Neither the inorganic nor the organic industrial wastes may include explosives as defined in Title 18 U.S.C. , Section 841 (c) (d) , and 27 C.F.R. 55.23. The Council may require control measures including, but not limited to, the following: Security of premises and buildings; access to and egress from site; routing of vehicular traffic on public streets; security methods for delivery and pickup; storm drainage and spillage control facilities; hours of operation; noise impact; liability for and control of unauthorized delivery; impact on contiguous property; and, fire protection. 11. Nonconforming Uses 11. 010. Definition. A nonconforming use is any use or arrangement of land or structures legally existing prior to the enactment of a code •' provision prohibiting such use. 73 F .kOSEViLLE-HDtl TE'L r,l _-gala-__-.r. DEC 1� a - = - l�l�: F' .u_ a.a2o ZONING CODE �1) The amount sales space•sales area co in mpared to the amount S of and the extent (2) Location of the outsidsetba sales area encroaches on traffic and pedestrian circulation; on the (3) Impact on , site. (4) Impact on parking on the site. (5) The height of merchandise displays. ed. (6) The hours which merchandise is display ed. (7) The type of merchandise to be display n s•d C 1 t .c any new 8.220 But r----Zo e a t Residence Distrishall be a Where a Business Diinclude batbuffer zone. There width. This development shall n ptective•' strip of not less than 10 feetshall . not be used pr shall contain no structures, a and shall be protective strip or storage , compact for parking , off street loading include a ed. The landscape treatment shall landscap ce design must a be ce but shall not extend Within 15 feet of the screen wall t fence., • The planting or f with a residential street right °f- y as being in harmony screening of the approved by the Councioviding sufficient neighborhood and pr e or fence shall be no less than 6 nor commercial -1/2 area. feet in height. th an 6-1/2 more �� - a e �� sor pPrmltt d cces 01, y a d s 99-1 ,� ermiLted" and acces y 8.230. �in Sections, listed p are listed. In the following permit, - only by a special use are ermitted in the districts under which they planning permitted Y , of the uses special"p uses are P after consideration issued by the Council Commission recommendation. 8 .235. i ti W c m R s accessory use in all A Night Watchman residence is allowed as an Business Districts. s s ri is t se m. d Bus 8.240. e B- 1 . 1 Districts are: permitted uses in Medical and dental services ) z • offices, business and professional and rest homes 3 . Hospi tale, sanatoriums, 46 =ITY .GF _kGSEVILLE-Hl hi TEL : rl_-4'a�_�-_: r DEC 1` 'a'. _ c_ ;j , i1i_i_ r .8 . 190 ZONING CODE • 3 . A properly drawn legal instrument, executed by the parties concerned for joint use of off street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the Manager. 8 . 170. Fractional Spaces . When application of the regulations for determining required off street parking spaces results in a requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded, and fractions over 1/2 as one additional parking space. 8. 180. Off Street Loading Art-Business Districts. One off street loading space shall be provided in all Business Districts in connection with all buildings or additions hereafter erected, having a gross floor area of 10, 000 square feet or more, which are to be occupied by a use or uses requiring the receipt or distribution of materials or stock by vehicles. one additional space shall be provided for each 20,000 square feet or major fraction thereof over the original 10, 000 square feet. No tractor or trailer shall be parked in such space for over 72 hours. 8. 190. Enc- osu_re of Certain Businesses Required. 1. All business, storage, service, repair, processing, or merchandising display shall be conducted .wholly within an enclosed building or behind a solid fence not less than five (5) feet high except for the following uses and in accordance with the conditions herein specified. (a) off street parking and loading where permitted as accessory uses. (b) Display of -automobiles and trucks where accessory to authorized principal uses. 2. Temporary outside display of merchandise up to eight (8) days a year can be approved through a temporary permit issued by the Chief Code Enforcement Officer in any of the following business districts where retail sales . are allowed: B-2, B-3 , B-4 , and Shopping Center Districts. _ 3 . The outside display of merchandise, except as covered in Section 8 . 190 (1) and (2 ) is permitted by . special Use Permit. When considering any such special Use permit request., the Planning Commission and City Council shall con- sider the following criteria to determine the impact of the proposed outside display on the site, adjacent properties, and the community as a whole: - 4 . The issuance of a Special Use permit for the outside display of merchandise shall not cause nonconforming sites to be brought into conformance with all code requirements, or the dedication of street right-of-way. 45 • STAFF REPORT DATE: December 21, 1993 TO: Planning Commission FROM: Sarah Bellefuil, Management Assistant RE: GROUND SIGNS At the November meeting staff was directed to survey ground signs throughout St. Anthony. The results of the survey are attached. In the survey you should pay particular attention to the total height of the sign and the total square footage of the sign itself(in bold). Also attached is a copy of the sign ordinance for your convenience. A slide presentation showing the signs surveyed will occur during the December Planning Commission meeting. SIGNS • SINGLE SIDED DOUBLE SIDED High School Total: 7'5"h x 10'3"w = 76.06 sq ft 152.12 sq ft Sign: 3'11"h x 8'1"w = 31.67 sq ft 63.34 sq ft Middle School Total: 6'7"h x 8'0"w = 52.46 sq ft 104.92 sq ft Sign: 4'0"h x 8'0"w = 32.00 sq ft 64.00 sq ft Village Townhomes Total: 7'0"h x 5'7"w = 39.06 sq ft Sign: 4'5"h x 4'11"w = 21.75 sq ft MEDTRONICS Building - St. Anthony Business Center Total: 8'10"h x 9'1"w = 80.17 sq ft 160.34 sq ft Sign: 5'4"h.x 9'1"w.= 48.40 sq ft 96.80 sq ft Leslie Paper Total: 414"h x 10'1"w = 43.65 sq ft 87.30 sq ft Sign: 3'1"h x 10'1"w = 31.05 sq ft 62.10 sq ft Anthony Place Total: 4'4"h x 9'9"w = 42.22 sq ft 84.44 sq ft Sign: 3'0"h x 9'9"w = 29.25 sq ft 58.50 sq ft Winston Co. Total: 5'0"h x 7'11"w = 39.60 sq ft Sign: 3'11"h x 7'11"w = 31.05 sq ft Building Fasteners Total: 513"h x 11'4"w = 59.48 sq ft Sign: 3'6"h x 11'4"w = 39.66 sq ft William Adams Total: 4'3"h x 7'8"w = 32.60 sq ft 65.20 sq ft Sign: 3'0"h x 5'0"w.= 15.00 sq ft 30.00 sq ft Advanced Web Tech Total: 412"h x 7'8"w 31.98 sq ft 63.96 sq ft Sign: 3'0"h x 4'10"w = 14.49 sq ft 28.98 sq ft Autumn Woods Total: 7'4"h x 16'3"w = 119.11 sq ft 238.22 sq ft Sign: 3'3"h x 10'0"w = 32.50 sq ft 65.00 sq ft SINGLE SIDED DOUBLE SIDED Lowry Grove • Total: 719"h x 7'9"w = 60.06 sq ft 120.12 sq ft Sign: 3'8"h x 7'9"w = 28.37 sq ft 56.74 sq ft St. Charles Total: 217"h x 15'0"w = 38.70 sq ft Sign: 1'0"h x 12'0"w = 12.00 sq ft St. Anthony Court Total: 313"h x 7'6"w = 24.38 sq ft Sign: 1'11"h x 5'6"w = 10.56 sq ft Pizza Hut Total: 810"h x 5'0"w = 40.00 sq ft 80.00 sq ft Sign: 6'0"h x 5'0"w = 30.00 sq ft 60.00 sq ft Hardees Total: 712"h x 9'0"w = 64.53 sq ft 129.06 sq ft Sign: 3'7"h x 9'0"w = 32.22 sq ft 64.44 sq ft Good Year Total: 319"h x 5'0"w = 18.75 sq ft 37.50 sq ft Sign: 1'9"h x 5'0"w = 8.75 sq ft 17.50 sq ft Bakers Square Total: 7110"h x 6'2"w = 48.13 sq ft 96.26 sq ft Sign: 1'4"h x 6'2"w = 8.21 sq ft 16.42 sq ft 4'1 O"h x 4'3"w = 20.53 sq ft 41.06 sq ft TCF Really Big (10) Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or the Manager's designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within 30 days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has.not been completed within one year of its issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. Subd. 5. ShoRRing Centers/Strip Mall Comprehensive Sign Plan. A comprehensive plan must be provided for the whole of a shopping center development. This plan-includes the location, size, height, color, lighting and.orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as.determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission who will,forward a recommendation to the Council on the appropriateness of the proposed plan. 1400.10 Ground Signs. Are permitted in all districts, subject to the following: Subd. 1. Permit Ac ation. A permit is applied for in accordance with Subsection 1400.09. Subd. 2.. Height: (1) . The sign does not exceed 5 feet in height , except as.permitted under Subd. 4 of this Subsection. (2) ' The berming of a sign location will be considered in the height of a sign if the berm is more than 3 feet in height. 14-1.1 (3) For every foot a sign is less than the maximum height permitted, there will be allowed an additional 4 square feet of sign surface area, up to a total of 12 additional square feet. Subd. 3. Surface Area: (1) Signs having one copy'surface may have up to 20 square feet of surface area, plus any bonus under Section 1400.10: (2) Signs having two or more copy surfaces may have up to 32 square feet for all surfaces, plus any bonus under Section 1400.10. Subd.4. .Landscal2in&., (1) Signs which are landscaped in accordance with this Chapter, will be entitled to a height bonus of 3 feet (total maximum height of 8 feet). (2) The minimum required landscape area, excluding the pedestal area to qualify for the height bonus, must be at least 1.5 times the sign surface area. (3) Landscaping must consist of shrubs, plants; rocks or other decorative materials located around the pedestal. Subd. 5. Design and Location: (1) Signs must maximize the use of natural materials 'in construction and should conform to the material design of the principal structure. (2) Signs must be located at least 15 feet from any street or other easement. (3) To qualify for a permit, the pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the number of tenants in-the structure. 1400.11 Wall Signs. The sign surface area of a wall sign may not exceed 15% of the area of the wall to which it is applied. 1442 1 CITY OF ST . ANTHONY REGULAR COUNCIL MEETING 4 5 NOVEMBER 9 , 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 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks , 17 Enrooth, Fleming and Wagner 18 19 Staff Present : City Manager Burt and Management Assistant 20 Bellefuil 21 22 Plague Presentations 23 24 Mayor Ranallo presented a plaque to Jo-Anne Student , who is 25 retiring after four years as Council Secretary . 26 A plaque was presented to Officer John Delmonico who was 46 recognized nationally for his work as a member of the 29 Minneapolis Police Department . Officer Delmonico resides in 30 St . Anthony. 31 32 33 3 . APPROVAL OF NOVEMBER 9 , 1993 COUNCIL MEETING AGENDA 34 35 Motion by Marks , second by Wagner to approve the agenda for 36 the November 9, 1993 Council Meeting with the following 37 additions : 38 39 Manager ' s Report Add an update on the Silver Lake Road roadway 40 construction project by Ramsey County. Also add the 41 informational report from Ramsey County regarding gun violence 42 prevention . 43 44 Mayor ' s Report Strategies for meeting regarding the future of 45 the St . Anthony branch of the Hennepin County Library System. 46 47 There are two meeting scheduled; one with Commissioner Hilary 48 and one before the Hennepin County Board of Commissioners . 49 50 Motion carried unanimously • 1 REGULAR COUNCIL MEETING 2 NOVEMBER 9 , 1993 • 3 PAGE 2 4 5 6 4 . APPROVAL OF MINUTES OF THE OCTOBER 26 , 1993 COUNCIL MEETING 7 8 Motion by Marks , second by Wagner to approve the minutes of 9 the October 26 , 1993 Council Meeting as submitted as there 10 were no corrections . 11 12 13 Motion carried unanimously 14 15 16 APPROVAL OF MINUTES OF THE NOVEMBER 2 , 1993 CITY ELECTION 17 RESULTS 18 19 Motion by Marks , second by Enrooth to approve the minutes of 20 the November 2 , 1993 City election results as presented as 21 there were no corrections . 22 23 Motion carried unanimously 24 25 26 5 . LICENSES/PERMITS/PETITIONS 27 •28 Motion by Marks , second by Wagner to approve the following 29 license and permit applications : 30 31 Contractor ' s License Applications 32 33 Attracta Sign , St . Louis Park, Mn . 34 Blacktop Driveway Company, Inc . , St . Paul , Mn . 35 Best Built Construction , Coon Rapids, Mn . 36 37 Heatina License Application 38 39 A-Aarons A Division of Waste Inc . , Chanhassen , Mn . 40 41 42 Motion carried unanimously 43 44 45 6. PRESENTATION OF CLAIMS 46 47 Motion by Wagner , second by Marks to approve the following 48 claims : 49 50 A. Maier Stewart & Associates • 1 REGULAR COUNCIL MEETING 0 NOVEMBER 9 , 1993 PAGE 3 4 5 6 1 . Payment in the amount of $429 . 50 for engineering 7 services rendered August 29 through September 25, 1993 8 for the 1994 street improvements feasibility study . 9 10 2 . Payment in the amount of $8 , 264 . 01 for engineering 11 services rendered August 29 through September 25, 1993 12 for the 37th Avenue concrete pavement rehab field 13 services . 14 15 3 . Payment in the amount of $906 . 15 for engineering 16 services from August 29 through September 25 , 1993 for 17 the 37th Avenue concrete rehab construction 18 administration. 19 20 B. Insituform Central , Inc. 21 22 Payment in the amount of $15, 865 . 00 for pipe installation on 23 the 37th Avenue reconstruction project . 24 25 C. Connelly Industrial Electronic 26 Payment in the amount of $4 , 979 . 67 for the update control system for the new high service pumps . 29 30 D. Proctressive Contractors , Inc. 31 32 Payment in the amount of $128 , 905 . 99 for the 37th Avenue' 33 concrete street rehabilitation . 34 35 E. GAB Business Services , Inc . 36 37 Payment in the amount of $10 , 000 . 00 to settle the claim of a 38 person whose vehicle was damaged by a City vehicle. 39 40 F. Verified Claims 41 42 Approval of the four pages of verified claims as submitted by 43 the Finance Director . 44 45 Motion carried unanimously 46 47 7 . REPORTS 48 49 A. Council Reports 50 • v^F7ae' 'a°"wtr�". "'r!s.-.r.rl+Mia!?rr..-c..`R`�fw�-w?erw,s;"6°'4=:"�''P-'ti � a.:r'S.°:`>�,$:1'f..?4 - _r __ 'A• := z•� y+L':10 1 REGULAR COUNCIL MEETING 2 NOVEMBER 9 , 1993 • 3 PAGE 4 4 5 6 Report of Mayor Ranallo 7 8 In response to a resident ' s inquiry regarding the future of 9 the St . Anthony Library, Mayor Ranallo stated that this issue 10 is being taken very seriously by the City Council . It. was 11 discussed at the October 26th Council Meeting and again at the 12 last Council work session . 13 14 Members of the Council decided to put together a strategic 15 plan for approaching this issue and have drafted a letter 16 which will be sent to all members of the Hennepin County Board 17 of - Commissioners . , The 'Mayor noted this letter will be 18 available for resident reviewal . 19 20 Commissioner Hilary will be holding a meeting at Wilshire Park 21 Elementary School on November 15th . Her purpose for the 22 meeting is to review the social services available to Hennepin 23 County residents and to discuss other areas of interest or 24 concern . 25 26 Some St . Anthony residents have indicated they plan to discuss 27 the St . Anthony Library at this meeting also. 28 29 Mayor Ranallo has registered to speak at the November 17th 30 Hennepin County Board of Commissioners Meeting. He will 31 present the Council ' s position and state reasons for keeping 32 the St . Anthony Library open . 33 34 Blue ribbons indicating support of the St . Anthony Library are 35 being passed out to supporters and petitions are being 36 circulated for the same purpose. The City Manager advised that 37 flyers are being sent home with school children supporting the 38 Library remaining open . 39 40 Mayor Ranallo noted that two of the City ' s grade schools , 41 Wilshire Park and St . Charles , have increasing student .42 populations . These two schools are served by the St . Anthony 43 Library. 44 45 Councilmember Fleming recommended that some focus be placed on 46 the- Hennepin County Library Board as this is the body which 47 ultimately makes the decision regarding the future of the St . 48 Anthony Library, 49 50 I REGULAR COUNCIL MEETING is NOVEMBER 9 , 1993 PAGE 5 4 5 6 Mayor Ranallo thanked all of the residents for their efforts 7 to date to affect the outcome of the decision on the future of 8 the Library. He hopes this decision will be in favor of 9 keeping the Library open and will be the final discussion 10 regarding this issue . 11 12 Councilmember Marks , noting that the St . Anthony Library is 13 small , feels this is the preferred fashion in which to deliver 14 library services . 15 16 The City Manager met with representatives of Super Valu 17 regarding its plans for a CUB Store at Apache Plaza Shopping 18 Center . He advised that Dennis Cavanaugh was serving on jury 19 duty and was not available to attend the meeting. 20 21 Joan Ahrens of Super Valu stated that the company ' s 1994 22 budget includes opening a store in Crystal and at Apache 23 Plaza . The square footage is yet to be determined but it will 24 be anywhere from fifty thousand square feet to eighty thousand 25 square feet . 26 It was noted that the last privately owned franchise store was opened recently in White Bear Lake. This is a fifty thousand 29 square foot store and it is felt it is already too small . 30 31 The City Manager addressed the relationship between the New 32 Market Store near Apache Plaza and Super Valu . Super Valu owns 33 CUB Stores . New Market purchases its good from Super Valu . At 34 this point in time there is no agreement between New Market 35 and Super Valu . 36 37 There had been rumors that job postings were up for positions 38 at the Apache Plaza CUB Store and were removed . The City 39 Manager said this is untrue and CUB ' s policy is to post 40 jobs about forty-five days before a store opens . 41 42 The City Manager suggested that the City Council send a letter 43 to CUB officials stating its support for a store to be located 44 at Apache Plaza . 45 46 The store proposed for St . Anthony would be a corporate store 47 and not a franchise. Final plans should be in place by 48 December 15th . 49 50 • I REGULAR COUNCIL MEETING 2 NOVEMBER 9, 1993 • 3 PAGE 6 4 5 6 Councilmember Wagner noted that the merchants at Apache Plaza 7 are very depressed at the notion that the CUB Store may not be 8 locating at the shopping center . They view a mass exodus of 9 current merchants if this project does not come to fruition . 10 11 However , he advised that there are numerous events planned at 12 the center for the months of November and December by the 13 merchants . 14 15 The. Mayor attended the recent meeting of the St . Anthony 16 Shopping Center merchants . A new insurance firm and a luggage 17 store has moved into the center . Management is working on an 18 agreement with a pizza company and nearly all of the center is 19 rented. 20 21 On December 10th, the merchants are sponsoring sleigh rides 22 again from 6 : 00 to 9 : 00 . There will be three sleighs and the 23 headquarters will be the Dairy Queen building. 24 25 Report of Councilmember Wagner 26 27 Councilmember Wagner attended the Walker Board retreat . It has • 28 been decided to not do any further building for about one 29 year. There is little interest in building but some interest 30 in operating a facility built by someone else . There was also 31 interest in being involved with a hospice. 32 33 Report of Councilmember Fleming 34 35 Councilmember Fleming had nothing to report at this time. 36 37 Report of Councilmember Enrooth 38 39 Councilmember Enrooth had nothing to report at this time . 40 41 Report of Councilmember Marks 42 43 Councilmember Marks had nothing to report at this time . 44 45 B. Report of Planning Commission _ October 19 , 1993_ 46 47 Commissioner Madden was in attendance representing the 48 Planning Commission . 49 50 • 1 REGULAR COUNCIL MEETING 0 NOVEMBER 9, 1993 PAGE 7 4 5 6 7 1 . Conditional Use Permit - J. Olin , "The Hair Solution" , 8 2906 Pentagon Drive 9 10 Commissioner Madden advised that the Planning Commission 11 recommends approval of this request with the following 12 conditions : 13 14 a . The massage therapy being restricted to therapeutic massage 15 and . approved hours of operation as follows : Monday through 16 Friday 9: 00 a.m. to 9 : 00 p.m. ; Saturday, 9 : 00 a .m. to 4 : 00 17 p.m. and closed on Sunday. 18 19 b. The permit will automatically be revoked if there is any 20 violation of applicable City or State statutes related to 21 criminal sexual conduct by any person associated with the 22 operation . 23 24 c . The massage therapy offered must comply with the Code of 25 Ethics and definition of massage therapy established by the 26 Association of Body-Work Professionals and/or the American Massage Therapy Association . 29 d . The massage personnel must have graduated from a State of 30 Minnesota certified professional program with a minimum of 100 31 hour training. 32 33 Commissioner Madden also noted that no one appeared to speak 34 against this request and there have already been similar 35 requests approved . 36 37 The City Manager advised this will be the third business of 38 this type in St . Anthony and that no problems have been 39 experienced . 40 41 He also noted that many inquiries have been received regarding 42 this type of business . He has contacted the City Attorney 43 about limiting this kind of business as currently the City has 44 no licensing authority. 45 46 The Mayor requested this matter be put on the agenda for a 47 Council work session . He observed that no conditions can be 48 placed on a license whereas there can be conditions on a 49 conditional use permit . 50 • I REGULAR COUNCIL MEETING 2 NOVEMBER 9 , 1993 • 3 PAGE 8 4 5 6 Motion by Marks , second by Fleming to approve the conditional 7 use permit for "The Hair Solution" at 2906 Pentagon Drive with 8 the conditions as recommended by the Planning Commission . 9 10 Motion carried unanimously 11 12 13 2 . Conditional Use and Variance - R . Freiberg, "Dick ' s St . 14 Anthony 66" , 2700 Kenzie Terrace 15 16 Commissioner Madden reviewed the requests . The proposed 17 addition of two bays in the service station building requires 18 a variance of 32 ' 6" and the proposed canopy requires a 19 variance of 23 feet . The conditional use permit is required as 20 there will be an expansion of the use of the building. 21 22 Councilmember Fleming inquired if the number of inoperable 23 vehicles allowed on the property is the same number as other 24 service stations . 25 26 The City Manager responded that it is the same number as the 27 Bona station . He also stated that the station is located in a • 28 very unique site. It is small , contains two right-of-ways and 29 is triangular shaped. Also, a portion of the adjacent bowling 30 alley is located on this parcel . 31 32 Commissioner Madden cited the following conditions recommended 33 by the Planning Commission for approval of the requests : 34 35 a . Parking lot must be striped a minimum of eight spaces . 36 37 b. The canopy lighting must shine down . 38 39 c . Inoperable vehicles may not be stored on the site for more 40 than two weeks . 41 42 d . Removal of roof sign . 43 44 e . Where old chain link fence is currently located, new screen 45 fencing will be installed behind the building. 46 47 f . Complete paving on east side of building up to public- 48 right-of way. 49 50 1 REGULAR COUNCIL MEETING NOVEMER 9 , 1993 46 PAGE 9 4 5 6 Motion by Marks , second by Enrooth to approve the conditional 7 use permit and variance requests for "Dick ' s St . Anthony 66" 8 with the same conditions as recommended by the Planning 9 Commission and noting that no one appeared to speak against 10 these requests and that a hardship exists because of the 11 unusual shape of the lot . 12 13 Motion carried unanimously 14 15 16 3 . Variances - D. Mercil , 3112 Silver Lake Road 17 18 This lot is one of those purchased by the City ' s HRA for 19 scattered site redevelopment . 20 21 Commissioner Madden advised it is buildable but non-conforming 22 by today ' s standards . The variances being requested are as 23 follows : 24 25 front yard variance of seven feet 26 back yard variance of twenty feet lot area variance of 440 square feet , and lot width variance of twenty four feet 29 30 The hardships cited for these variances are as follows : 31 32 to allow the redevelopment of a platted and buildable lot 33 hardship caused by City Ordinances , ,and 34 the proposed home is of modern standards which requires 35 additional total square footage and different design 36 considerations 37 38 The purchaser is planning to build a three bedroom, split 39 level home which will face Townview Avenue . 40 41 Motion by Marks , second by Wagner to approve the four 42 variances as listed noting the hardships and that no one 43 appeared to speak in opposition of the request . 44 45 Motion carried unanimously 46 47 48 4 . Lotsplit and Variances - W. F. Bauer for 3640/3644 Silver 49 Lake Road 50 1 REGULAR COUNCIL MEETING 2 NOVEMBER 9 , 1993 3 PAGE 10 4 5 6 7 This request is to accommodate a zero lot. line split of a 8 double bungalow. Mr . Bauer wishes to refinance one side of the 9 building and the land and split it into two separate parcels 10 for ownership. li 12 The City can subdivide" the property using the same survey and 13 parcels A and B division line as the new property line . 14 15 Subdivision can be done waiving the replat requirements . As 16 this is an existing structure, a lotsplit requires a zero lot 17 line which requires a variance . 18 19 There also needs to be a variance for lot area, width and lot 20 coverage. The zero lot line variance would be for five feet 21 for each structure . The other three variances are required as 22 the current lot meets the ordinance, but the two proposed lots 23 would not . 24 25 The City Manager advised there are some other zero lot line 26 situations on 37th Avenue between Stinson Boulevard and Silver 27 Lake Road. 28 29 These buildings were built intentionally to be zero lot line 30 situations and the lots are considerably larger than this one . 31 When the Bauer building was constructed the Zero lot line 32 concept did not exist . 33 34 Councilmember Wagner expressed concern regarding exterior 35 maintenance if each- side of the bungalow is owned by different. 36 parties . 37 38 The City Manager stated that a "party wall .agreement " can be 39 filed with the plat . This agreement will not address 40 landscaping nor snow removal but will address all other 41 "common" aspects of the building. 42 43 Councilmember Enrooth was not confortable with this procedure . 44 The City Manager stated he will have the matter reviewed by 45 the City Attorney. 46 47 Motion by Wagner, second by Marks to approve the subdivision 48 request (waiving plat requirements ) and the variances be 49 granted with the following hardship : 50 I REGULAR COUNCIL MEETING NOVEMBER 9, 1993 PAGE 11 4. 5 an existing structure that will not be modified to allow for 6 separate ownership and that 1620 . 07 of the ordinance be 7 incorporated and that the unit will be maintained as if it 8 were one structure, however , these approvals are subject to 9 review by the City Attorney. 10 11 Motion carried unanimously 12 13 C. Appointment to Economic/Redevelopment. Task Force 14 15 Motion by Marks, second by Fleming to appoint Frank Loreno to 16 the Economic/Redevelopment Task Force. 17 18 Motion carried unanimously 19 20 D. City Manager ' s Report 21 22 1 . Gun Violence Initiative 23 24 Ramsey County has put together an eight page rport on a 25 gun violence initiative. There appears to be nothing 26 controversial in the report . 40 Councilmember Wagner advised he will be attending the 29 meeting where this document will be discussed . He 30 inquired if members of the Council had any direction for 31 him. 32 33 Mayor Ranallo recommended that he vote i-n favor of the 34 initiative. 35 36 2 . S.ilver Lake Road Reconstruction 37 38 On November ,8th there was a neighborhood meeting held to 39 discuss the plans for the Silver Lake Road reconstruction 40 project being done b,y Ramsey County . 41 42 The City - Manager felt the person presenting the 43 information was ill prepared regarding issues such as 44 right-of-way, " curbing . and other -issues . The meeting 45 lasted two hours . - 46 47 The City of New Brighton has hired the road design 48 specialist . No landscape plans for the St . Anthony side 49 of Silver Lake Road were ready for presentation and no 50 drainage plans were prepared . 1 REGULAR COUNCIL MEETING 2 NOVEMBER 9, 1993 3 PAGE 12 4 5 6 There was also discussion regarding replacing displaced 7 trees and sidewalks adjacent to the roadway . 8 9 Documents for right-of-way approval will be presented at 10 the November 23rd Council Meeting. The City Manager has 11 told the developer he also wants the landscape plan done 12 by that meeting. 13 14 Councilmember Enrooth inquired if there is space for a 15 sidewalk . The City Manager stated there is . Also he 16 advised there will be some dredging done adjacent to the 17 wetlands and a retaining wall will be built. The drainage 18 plans should be ready for review by late December or 19 early January. 20 21 Councilmember Fleming inquired as to the impact on the 22 wetlands by including sidwalks with this project . She 23 recalled that it was felt sidewalks would be a valuable 24 amenity and make for a safer atmosphere. She also noted 25 that this roadway will be maintained by Ramsey. County and 26 will have 40 MPH for speed . The signals will be set for 27 30 MPH. 28 29 The Mayor felt the improved roadway would be good access 30 for any further development in the Apache, Plaza area . 31 32 The City Manager will send a, letter to property owners in 33 the project area that there will be a formal presentation 34 of the project by an engineer at the November 23rd 35 Council Meeting. 36 37 38 8 . PUBLIC HEARINGS 39 40 A. Vacation of Part of Coolidge Street (Resolution No . 93- 41 060 ) r 42 43 The public hearing was opened at 8 : 06 p .m. No one appeared to 44 speak against the vacation . 45 46 Motion by Marks , second by Enrooth to close the public hearing 47 at 8 :.08 p.m. 48 49 Motion carried unanimously 50 REGULAR COUNCIL MEETING NOVEMBER 9, 1993 3 PAGE 13 4 5 6 The City Manager explained that this resolution was necessary 7 to vacate a ten foot strip of land that was omitted in a 8 previous vacation . This is being required by Hennepin County. 9 10 Motion by Wagner, second by Marks to approve Resolution No . 11 93-060 being a resolution vacating a portion of Coolidge 12 Street Northeast . 13 14 Motion carried unanimously 15 16 9. NEW BUSINESS 17 18 A. Resolution No. 93-062 , Re : Tax Forfeited Land 19 20 The City Manager advised this is located in the Northgate 21 Office Park condominiums . 22 23 Motion by Marks , second by Fleming to approve Resolution No . 24 93-062 being a resolution relating to tax forfeited land in 25 the City of St . Anthony. 26 40 Motion carried unanimously 29 B. _Resolution No. 93-063 ; Re: Charitable Gambling at City 30 Owned Liquor Establishments 31 32 Terry Taylor, . Sports Boosters Gambling Chair, distributed 33 copies of the third quarter report on the gambling activities 34 of the organization . 35 36 Motion by Fleming, second by, Enrooth to approve -Resolution No 37 93-063 being a resolution approving the application for 38 premises permit renewal relating to charitable gambling . 39 40 Roll call: Enrooth, Fleming, Wagner , Ranallo - aye 41 Marks - nay 42 43 Motion passes 44 45 C. Resolution No. 93=064.;. Re : Ramsey County SCORE Funding 46 .Grant 47 48 Ramsey County has made a portion of its SCORE funding grant 49 revenues available to the City for its municipal source 50 separated recyclables program. •I CITY OF ST. ANTHONY 2 3 COUNCIL MEETING 4 5 NOVEMBER 23, 1993 6 7 8 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 9 10 The meeting was called to order at 7:00 p.m. and the Pledge of Allegiance was led by 11 Mayor Ranallo. 12 13 H. ROLL CALL. 14 15 Council present: Mayor Ranallo and Councilmembers Marks, Enrooth, Fleming and 16 Wagner ` 17 18 Staff present: City Manager Burt and Management Assistant Bellefuil 19 20 Also present: Dennis Cavanaugh, representing Friends of the Library and requesting 21 to be added to the agenda. 22 3 III. APPROVAL OF NOVEMBER 23. 1993 COUNCIL AGENDA. 4 25 Mayor Ranallo added Mr. Cavanaugh to the agenda second under Section VII 26 Reports. 27 28 Motion by Marks and seconded by Enrooth to approve the November 23, 1993 29 agenda as amended. 30 31 Motion carried unanimously. 32 33 IV. APPROVAL OF NOVEMBER 9. 1993 COUNCIL MINUTES. 34 35 Motion by Marks and seconded by Wagner to approve the minutes of the November 36 9, 1993 Council meeting with the following correction: 37 38 Page'6, line 23: The location of the sleigh ride headquarters is the former cheese 39 shop building not the Dairy Queen. 40 Motion carried unanimously. 41 42 V. LICENSES/PERMITS/PETITIONS. 43 44 Motion by Wagner and seconded by Marks to approve the new licenses in the agenda. 05 46 Motion carried unanimously. I CITY COUNCIL MEETING • 2 NOVEMBER 23, 1993 3 PAGE 2 4 5 6 VI. PRESENTATION OF CLAIMS. 7 8 Motion by Marks and seconded by Enrooth to approve the following claims: 9 10 A. Hance & LeVahn. 11 . 12 Payment in the amount of $2,400.00 for professional services rendered for the month 13 of November 1993 relative to St. Anthony prosecutions. 14 15 B. Norwest Banks. 16 17 Payment in the amount of $125.00 for sewer review 10-1-88. 18 19 C. Rieke Carroll Muller Associates, Inc. 20 21 Payment in the amount of $5,758.80 for professional personnel services from 22 September 26, 1993 to October 30, 1993. 23 •24 D. Veesenmeyer Construction, Inc. 25 26 Payment in the amount of $2,400.00 for installation of softcrete play surfacing. 27 28 F. Earl F. Andersen, Inc. 29 30 Payment in the amount of $780.00 for landscape structures. 31 32 G. Verified Claims. 33 34 Approval of the three pages of verified claims as submitted by the Finance Director. 35 36 Motion carried unanimously. 37 38 Motion by Marks and seconded by Enrooth not to make any further payments to 39 W.B. Miller at this time. 40 41 E. W.B. Miller, Inc. 42 43 The City Manager explained that Item E is for W.B. Miller, Inc. which is a 44 contractor on 31st and Croft which is in default of their contract. The City is in the 45 process of hiring someone new to finish the project. The City Manager spoke with the • I CITY COUNCIL MEETING •2 NOVEMBER 23, 1993 3 PAGE 3 4 5 City Attorney who advised him to put the contractor on notice that the City does not 6 plan to make any further payments due to the fact that the work has not been 7 completed. 8 9 Motion carried unanimously. 10 11 VII. REPORTS. 12 13 A. Ramsey County's Proposed Silver Lake Road Right-of-Way and 14 Landscaping. 15 16 Wayne Leonard appeared on behalf of the Ramsey County Public Works Department 17 requesting a right-of-way acquisition regarding the Silver Lake Road construction 18 project. The City of New Brighton has the majority of the roads in their community 19 and they have employed the firm of SRF to develop the plans. Mr. Leonard 20 presented a right-of-way plan to the Council for their review and approval. He 21 explained they would do what they could regarding the hydraulics around Silver Lake. 22 The Salvation Army Board meets on December 9th and Mr. Leonard would like to make a presentation at that time and thought it would be appropriate to then schedule 3 C 4 a public forum meeting. 25 26 Larry Erickson from SRF presented the right-of-way plan and additional plans 27 regarding landscaping. Mr. Erickson 'displayed color-coded drawings of the project 28 showing the plans starting at Silver Lake Court and widening out to provide a left 29 turn lane at Windsor Lane and also providing a retaining wall at Silver Lake. Mr. 30 Erickson said the water that ran off from Silver Lake onto the road would be taken 31 someplace north and treated. 32 33 Tom Thorson from SRF presented plans to enhance the landscaping and streetscaping 34 in the Silver Lake Road area. He indicated the landscape concept was to enhance and 35 not simply replace the existing landscape which would include adding additional trees 36 and shrubbery. He discussed the first concept for the plantings around the retaining 37 wall and walk way. The second concept would actually pull the walk way out toward 38 the lake creating an overlook on the lakeside which also would free up room for tree 39 plantings between the retaining wall and roadway providing a buffer for pedestrians. 40 Mr. Thorson said the effort regarding the Salvation Army area would be to replace 41 trees with additional tree plantings. Councilmember Marks inquired how many trees 42 would be taken down and Mr. Thorson responded that ten or twelve trees would be 43 taken down and replaced with double to triple the amount of plantings. 44 • I CITY COUNCIL MEETING 2 NOVEMBER 23, 1993 • 3 PAGE 4 4 5 Mayor Ranallo asked for any questions regarding this project. Tom Jaszewski, a St. 6 Anthony resident, inquired about the traffic speed and lights on Silver Lake Road. 7 Mayor Ranallo responded that the speed limit would stay the same and 8 Councilmember Fleming indicated the traffic lights would be set differently to benefit 9 those who drive slower and the street lights would also be readjusted. 10 11 Wayne Leonard estimated the cost of the entire right-of-way project somewhere in the 12 vicinity of $350,000 and requested approval from the Council for the right-of-way 13 plan. 14 15 Councilmember Wagner wanted confirmed that the only right-of-way that will be 16 requested:is 12,952 square feet of the Salvation Army Camp and the parcels along the 17 camp.. Mayor Ranallo indicated he spoke with representative from the Salvation 18 Army Camp and they have no problem with the plan. 19 20 Motion by Marks and seconded by Wagner to approve the right-of-way plan as 21 presented. 22 23 Motion carried unanimously. • 24 25 Mayor Ranallo indicated the Council would not approve the hydrology plan presented 26 at this time until further facts are received by the Council. The City Manager 27 indicated no action was needed until the plan was formally brought to the Council in 28 final form. 29 30 Dennis Cavanaugh - Friends of the Library. 31 32 Mayor Ranallo indicated he had met with each Commissioner individually and said he 33 had no idea of how they would vote. Commissioners Opat and Staples indicated to 34 the-Mayor that at this time they would vote against the library. Two of the 35 Commissioners are undecided. Councilmember Fleming had a conversation before 36 the meeting with Commissioner Hilary and it appeared that she had not talked to each 37 of the Commissioners as hoped. Fleming talked with the Commissioner about putting 38 together a resolution letter. [Copies were distributed of the -draft at the Council 39 meeting.] Commissioner Fleming indicated the eighth paragraph'regarding tangible 40 commodities should be deleted from the resolution. Fleming indicated that there were 41 two separate issues regarding the library. One issue is the use and importance of 42 libraries and the other issue is about location. 43 • I CITY COUNCIL MEETING •2 NOVEAlEEBER 23, 1993 3 PAGE 5 4 5 Mayor Ranallo would like to add to the resolution a paragraph indicating the 6 economic impact on the shopping center. Judy Makowske wanted to include public, 7 private and parochial schools. She also felt it should read "Be it resolved that the 8 City of St. Anthony supports Sandra Hilary's amendment to modify the budget" rather 9 than "the Hennepin County Commissioners". 10 11 It was also suggested to add to the resolution that the utilization of the St. Anthony 12 library was much higher than other three libraries proposed to be closed. 13 14 Motion by Fleming and seconded by Marks to approve the resolution as amended. 15 16 Motion carried'unanimously. 17 18 Councilmember Marks urged all.the different groups including the Council, Friends 19 of the Library and the community to pull together regarding this issue and join forces 20 to have more resources. 21 22 Councilmember Fleming will remain in contact with the Ann Fisker, who is the 13 Chairperson of the Friends of the Library. 4 25 Dennis Cavanaugh asked to be put on the agenda because he felt the Commissioners 26 were running out of time for the library to be put into the budget. He inquired if 27 there was anything else that could be done besides petitions, phone calls, visits, etc. 28 to get support for the library. During his conversation with Commissioner Hilary she 29 indicated she was going to put $250,000 in the resolution. Mr. Cavanaugh indicated 30 the budget this year was only $233,000. 31 32 Mayor Ranallo indicated the Council had spoke with Senator Marty and 33 Representative McGuire. Councilmember Fleming indicated Minneapolis City 34 Councilmember Dziedzic sent a letter supporting the library to the Commissioners. 35 36 A member of the audience said she had heard from a number of people from 37 Minneapolis that the problem of being supportive as a Minneapolis resident is that 38 they felt they should not use the St. Anthony library and instead they should be using 39 the Minneapolis library. She stated as a taxpaying issue that would be true but as 40 supporting the community that point should be moot. She felt rallying the Northeast 41 area would be beneficial. 42 43 Chuck Haik said he felt there were two issues which needed to be addressed. One, 44 the closing of a valuable resource, and two, the economic viability of St. Anthony 05 Shopping Center. He thought the library pulls people in because it is there and 46 I CITY COUNCIL MEETING 2 NOVEMBER 23, 1993 • 3 PAGE 6 4 5 should be a concern for property values. Mr. Haik indicated his frustration trying to 6 get through to the Commissioners who he felt did not even recognize St. Anthony 7 Village. 8 9 Dennis Cavanaugh discussed the possibility of litigation and Friends of the Library's 10 retention of an-attomey in case the resolution wasn't voted in. He said he hasn't 11 received a written statement as to why the library is being closed. The facts which 12 have been presented regarding under-utilization are incorrect. He wanted to know if 13 the Council would be interested in joining forces to pursue any avenues to obtain a 14 fair hearing. 15 16 The City Manager said Dennis Cavanaugh had telephoned him to request the City 17 make a donation to the Friends of the Library. Anytime the City gives a donation, the 18 Council has to feel it would be in the best interest of the taxpayers. : He indicated 19 when the City enters litigation the taxpayers end up paying for it. The City Manager 20 discussed taking legal action with the City Attorney who indicated that it would be 21 very difficult to accomplish. They discussed distribution of equity of service and the 22 City. Attorney said it would take some research to-get to that point because the City 23 could be breaking new ground. The Northern Mayor's Association was using this 24 issue as an argument for some time with the development going on in the southern • 25 metro areas compared to the northern metro area. Here we have a situation with the 26 County where all the development takes place west and nothing on the east side. The 27 City Manager did not ask the City Attorney to begin the next step of research because 28 he did not have Council approval. 29 -'30 Councilmember Marks suggested thinking about alternative plans of reestablishing a 31 new library that might also involve litigation requiring the County to take the levy 32 that would normally go towards supporting the library locally and turning it back to 33 St. Anthony so that would cover part of the cost. He discussed operating costs of the 34 library and suggested the new location of the library could possibly be put into City 35 Hall. 36 37 Councilmember Fleming said she felt if they failed at all it would be in selling the 38 fact that the County library is the best return for the dollar and that is what she saw 39 as the most serious part of the issue and felt it was missed on all levels. 40 41 Bob Thissel indicated the communities that have their own libraries are exempted 42 from making contributions to the County library system. 43 44 Judy Makowske wanted to bring to the Council's attention the fact that the people felt 45 slighted because no notification of the closing of the library was given prior to the 46 1 CITY COUNCIL MEETING • 2 NOVEMBER 23, 1993 3 PAGE 7 4 5 newspaper article. .She felt politically the Council should have been first notified so 6 they didn't have to learn of it from residents calling or the newspaper. She felt Bob 7 Rolfe was using this issue to put something unpopular on the chopping block to get 8 extra money out of it. The library system and the County are getting more money 9 this year. The library budget has increased by four percent. She stated there was no 10 conceivable reason why they should take something away when the usage has 11 increased and the population hasn't changed. Mayor Ranallo indicated he had 12 indicated his displeasure to Commissioner Hilary on how the library closure was 13 communicated to the Council. 14 15 Mr. Cavanaugh requested the Council instruct the staff to have the City Attorney start 16 doing legal research regarding other libraries. He would like to know what policies 17 and procedures the County uses to make decisions. The City Manager felt that the 18 Friends of the Library attorney would be better suited economically:to perform the 19 research. 20 21 The City Manager indicated some research had already been performed but it would 22 be a matter of assembling the information and he thought both the City and Friends of 3 the Library should get an estimate on how much additional work would cost. Mr. 4 Cavanaugh indicated Friends of the Library had collected about $650.00 in 25 contributions. 26 27 Mary Ann Cox said she was disturbed that other business owners from the shopping 28 center were not involved and wondered if all the business owners had been contacted. 29 She felt the larger stores should be urged.to go to their home offices for support. 30 Tom Jaszewski said he did talk with many of the local businesses in the shopping 31 center but not their corporate offices. 32 33 Brad Bjorklund urged the.Council to take more effective ways to alert the community 34 of the serious nature of the.library closing. He said he didn't receive any notification 35 of the library or any meetings regarding the closure. He said he was informed of the 36 library by the article in the newspaper. 37 38 Councilmember Marks suggested getting press attention at the next meeting perhaps 39 by bringing children in on school buses to attract the media's attention. 40 41 Mayor Ranallo indicated the St. Anthony library was used more than other libraries. 42 Dennis Cavanaugh said the the St. Anthony library has 61,000 circulations per square 43 foot. He felt St. Anthony was not the library which statistics indicated should be 44 closed and he felt that library was being discriminated against. 95 46 t CITY COUNCIL NIEETING • 2 NOVEMBER 23, 1993 3 PAGE 8 4 5 Jerry Kelly, Jerry's Toys & Hobbies, stated that the center does pay $130,000 in 6 taxes per year and if there is less traffic there will be less stores which will result in 7 less tax money. He would like to see the landlord and merchants interested. 8 9 B. Council. 10 11 Clarence Ranallo. 12 13 The Mayor received a letter from the Salvation Army thanking him, City Manager 14 and Councilmember Wagner for attending the opening ceremony. The money that is 15 made at the facility goes directly to an adult male rehabilitation center. They have 16 two other.facilities set up to benefit adult female rehabilitation centers. 17 18 The Mayor confirmed the breakfast for employees will be on Thursday, December 19 16th beginning at 7:00 A.M.. 20 21 George Wagner. 22 23 Councilmember Wagner attended a Kwanias meeting where the Systems Engineer and 24 Director of Engineering for the Metro Waste Control Commission spoke regarding 25 progress in building facilities. He said from the engineering point of view .it was 26 extremely interesting. 27 28 Councilmember Wagner attended the Ramsey County League of Governments. The 29 vote passed 12-1 in favor of asking the Legislature to do something about crime and 30 gun violence. He said the most interesting part of the meeting was called "What 31 Local Leaders Should Know About Young People and their Concerns". Ten high 32 school students from Ramsey County spoke regarding their own problems, feelings 33 and concerns. He felt the strongest point the kids made as the cause of many - 34 problems was because of broken families. 35 36 Councilmember Wagner had an opportunity to speak with a citizen regarding taxes 37 where he took notes which he will pass along to the City Manager. Mayor Ranallo 38 said that the reason for the 10.8% increase was the devaluation of the commercial 39 property. 40 41 Dorothy Fleming. 42 43 Nothing. 44 45 46 • 1 CITY COUNCIL MEETING 2 NOVEMBER 23, 1993 3 PAGE 9 4 5 6 Richard Enrooth. 7 8 The Environmental Recycling Committee's tour of the Hert facility was cancelled 9 because of a breakdown and will be rescheduled in the future. He urged other 10 councilmembers to go through the facility on the tour. 11 12 George Marks. 13 14 Nothing. 15 16 C. City Manager. 17 18 1. Upcoming Council Meetings: 19 20 a. November 30, 1993 Public Hearing on 1994 City Budget and 21 Property Tax Levy. 22 0,3 The City Manager pointed out his memo regarding the budget presentation. He said 24 he will go through a summary sheet at the meeting and police expenditures because 25 there has been questions and by law he is required review salaries, talking about 26 projected increase and what is budgeted. 27 28 b. Reschedule December 14, 1993 Meeting to December 13, 29 1993. 30 31 The continued Truth and Taxation Hearing is scheduled for Monday, December 13. 32 33 Motion by Marks and seconded by Wagner to move the council meeting scheduled for 34 Tuesday, December 14 to Monday, December 13 at 7:00 p.m. 35 36 Motion carried unanimously. 37 38 VII. PUBLIC HEARINGS. 39 40 None. 41 42 43 44 �15 46 I CITY COUNCIL MEETING 2 NOVEMBER 23, 1993 3 PAGE 10 4 5 IX. NEW BUSINESS. 6 7 A. Resolution 93-065 re: Refinancing $235.000 General Obligation Tax 8 Increment Refunding Bonds. 9 10 Robert Thistle, Vice President of Springsted reviewed the recommendation submitted 11 to the Council regarding the refunding of the 1985A tax increment bonds. Springsted 12 is proposing to refund the remaining $215,000 for the bonds. The purpose is to take 13 advantage of the lower interest rates. The current interest rate is 8.69% and 14 Springsted is:estimating a reduction to approximately 4.11% based on the current 15 market for an estimated savings of $27,400. 16 17 Motion by Wagner and seconded by Enrooth to approve the refinancing of Resolution 18 93-065. 19 20 Motion carried unanimously. 21 22 X. UNFINISHED BUSINESS. 23 24 None. 25 26 XI. ADJOURNMENT. 27 28 Motion by Marks and seconded by Fleming to adjourn the meeting at 8:55 p.m. 29 30 Motion carried unanimously. 31 32 33 Respectfully submitted, 34 35 36 37 Margaret A. Noyd 38 Council Secretary 39 40 41 42 Mayor Clarence Ranallo 43 44 ATTEST: 45 City Clerk 46 I CITY OF ST. ANTHONY 0 2 3 CITY COUNCIL MEETING 4 5 November 30, 1993 6 7 8 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge 11 of Allegiance was led by Mayor Ranallo. 12 13 II. 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 Bellefuil 20 21 Also present : Roger Larson, Finance Director; Chief Dick 22 Engstrom, Police Department; Chief Dick Johnson, Fire 23 Department Larry Hamer, Public Works; Don Perry, Liquor 24 Store Manager. 25 26 III. APPROVAL OF NOVEMBER 30, 1993 COUNCIL AGENDA. Motion by Marks and seconded by Wagner to approve _the 29 November 30, 1993 agenda. 30 31 Motion carried unanimously. 32 33 IV. PRESENTATION OF CLAIMS. 34 35 Motion by Marks and seconded by Enrooth to approve the 36 following claims : 37 38 A. Maier Stewart & Associates. 39 40 Payment in the amount of $711 . 95 for engineering services 41 rendered September 26 through October 30, 1993 . 42 43 B. Dorsey & Whitney. 44 45 1 . Payment in the amount of $240 . 50 for legal 46 services regarding general matters through October 47 31, 1993 . 48 49 50 • I CITY COUNCIL MEETING 2 NOVEMBER 30, 1993 • 3 PAGE 2 4 5 6 2 . Payment in the amount of $1, 477 . 50 for legal 7 services regarding street improvements through 8 October 31, 1993 . 9 10 Motion. carried unanimously. 11 12 V. REPORTS. 13 14 A. Council. 15 16 Mayor Ranallo extended the invitation from the Captain 17 of the St . Anthony Bowling Team to attend the State 18 Tournament at 10 : 00 at Nakomis Lake on Saturday, 19 December 4, 1993 . 20 21 1. Approval of Appointment to the Environmental 22 Quality/Recycling Committee. 23 24 Motion by Marks and seconded by Fleming to approve the 25 appointment of Robert Patterson, P.E. , Ph.D. to the 26 Environmental Quality/Recycling Committee. 27 •28 Motion carried unanimously. 29 30 2 . Library. 31 32 Dennis Cavanaugh appeared before the Council to discuss 33 recent developments regarding the St . Anthony Library. 34 He feels that there will be a compromise and the 35 library will not be closed. 36 37 Councilmember Fleming said some of the Commissioners 38 felt sympathetic because of the geographical location. 39 40 The City Manager spoke to Representative McGuire and 41 she indicated that she and the Representative from 42 Osseo are working on legislation for the libraries that 43 the County is proposing to close . 44 45 Councilmember Marks said he traveled to Stetsonsville, 46 Wisconsin recently where his brother-in-law is Mayor. 47 Stetsonville is a town of less than 600 people. Their 48 library was built because somebody donated the money 49 I CITY COUNCIL MEETING •2 NOVEMBER 30, 1993 3 PAGE 3 4 5 6 and the funds for it come both from the county out of a 7 levy and also from the city. 8 9 VI. NEW BUSINESS. 10 11 A. Resolution 93-066, re: Ordering Advertisement for Bids 12 for 1994 street improvements. 13 14 The City Manager reported during the neighborhood meetings 15 he spoke to people regarding reconstruction and overlays . 16 He would like to be able to present bids instead of 17 estimates to show the exact dollar amount . 18 19 Motion by Wagner and seconded by Marks- to approve Resolution 20 93-066 regarding the ordering of advertising for bids for 21 the 1994 street improvements . 22 23 Motion carried unanimously. 24 25 VII. PUBLIC HEARINGS. 26 40 7 Mayor Ranallo opened the public hearing at 7 : 10 p.m. . 8 29 A. Proposed 1994 Tax Levy and 1994 City Budget. 30 31 Mayor Ranallo said the purpose of the meeting was to discuss 32 the City' s portion of the proposed 1994 taxes and not to 33 discuss the county, school or other taxing jurisdictions . 34 He said in the Spring of 1994 there will be a meeting to 35 discuss assessed valuations. The Mayor checked with the 36 County regarding the telephone calls he received from people 37 saying they had not received their form in the mail and the 38 County just did not send them out . The City' s 39 responsibility is to publish the notice of the hearing in 40 the St . Anthony Bulletin. The City also published it in the . 41 Star Tribune. In early November each department head . 42 reviewed their budgets in detail with the City Council . 43 That meeting was also published. 44 45 The Mayor said the main concern he heard from residents was 46 that the notice was published indicating the budget 47 increased 2 . 8% . Some people received statements indicating 48 a different percentage. • I CITY COUNCIL MEETING 2 NOVEMBER 30, 1993 • 3 PAGE 4 4 5 6 He said the reason for the difference was due to the changes 7 in commercial and industrial property valuation. State and 8 federal mandates will also affect property taxes . 9 10 A Redevelopment Committee has been formed consisting of 11 appointed members from the Council and Planning Commission, 12 small businesses, and. churches to look at properties in St . 13 Anthony to see if and what redeveloping can be done to bring 14 up the tax base. 15 16 The City of Lauderdale has contracted with St . Anthony to 17 provide police protection in their community. The Mayor 18 felt this would be a way to increase police protection in 19 St . Anthony without raising the police department budget 20 because Lauderdale is paying for the extra officers . He 21 indicated on the budget it appears that Lauderdale is paying 22 more than what it costs St . Anthony. He said the City is 23 not making money on the deal because there is always hidden 24 expenses but they do have about a $5, 000 cushion. 25 26 Dennis Cavanaugh inquired as to the percentage of the -tax 27 capacity and the City Manager informed him that there was a • 28 significant drop in the tax capacity. The Finance Director 29 informed Mr. Cavanaugh that the tax capacity had dropped 30 7 .401 for a total dollar amount of $376, 349 . The Mayor 31 indicated that it was impossible to indicate how the tax 32 capacity drop would affect each individual . 33 34 The City Manager said the process used to budget was to 35 submit the first draft in July to the City Council . He said 36 it is necessary to prepare the budget very far in advance 37 because of dates established by the State of Minnesota. In 38 August the State notifies the City of what the local 39 government HACA (homestead credit) allocation will be for 40 that year. One-on-one meetings are conducted with the City 41 Manager, Council, department heads and staff to discuss any 42 issues they have regarding the budget . In September a 43 resolution needs to be passed that sets the proposed levy. 44 A levy can always be set and reduced but never set and 45 increased from the proposed number and then has to be 46 certified to the County Auditor.. The State gives the dates 47 on which the public hearings can he held and the Council 48 publishes the date and invites individuals to come to speak 49 about budget services. If needed, a reconvening hearing .1 CITY COUNCIL MEETING �2 NOVEMBER 30, 1993 3 PAGE 5 4 5 6 will be held on Monday, December 13 at 7 : 00 p.m. and another 7 public hearing that same night for the actual passage of the 8 budget . Something new this year is that the City has to 9 have a public hearing to present the budget and then a 10 separate public hearing to approve the budget . On December 11 20th, the budget has to be certified to the County for 12 property taxes. 13 14 The City Manager presented an overhead of the proposed 15 budget and detailed descriptions and amounts line-by-line 16 and indicated why there was an increase or decrease . The 17 proposed budget reflects a 2 . 8501 increase . 18 19 Dennis Cavanaugh, 2909 St . Anthony Boulevard. He thought 20 this budget was a great improvement over last year' s budget 21 because he didn' t have to do as much research. He felt 22 there should be a summary for wages and fringe benefits and 23 should be separated between union and non-union. The City 24 Manager pointed out that while said residents were 25 experiencing between 7-1701 increase for property taxes, 26 commercial taxes were 50 or less. 47 Mr. Cavanaugh wanted the Lauderdale contract separate from 29 the budget and wanted to know if St . Anthony would ever be 30 minus a patrol car if there was an emergency in Lauderdale. 31 He also wanted to know if there was money in the budget for 32 snow removal at bus stops . The City Manager responded bus 33 stops were cleared at the same time as the sidewalks . He 34 inquired what the cable revenue was and the Finance Director 35 responded $23 , 000 . The City Manager told him in the future 36 the City will have the council meetings produced on a cable 37 show. 38 39 The Mayor asked Mr. Cavanaugh what part of the budget he 40 would. like to see cut out and he responded cutting costs in 41 the areas of fire, police, finance and public works . Mr. 42 Cavanaugh said he thought a citizens group should look at 43 the budget and decide what should be given up. 44 45 The City Manager said a couple of years ago the Council had 46 a stand in place budget when the state was faced with severe 47 financial problems . Taxes still went up because of the 48 decline in the tax capacity. He said out of one tax dollar, 49 19 cents goes to the City. The average $100, 000 home pays 50 about $337 . 00 in taxes which is 924- a day. 51 I CITY COUNCIL MEETING 2 NOVEMBER 30, 1993 • 3 PAGE 6 4 5 6 The City Manager indicated that if the City switched to a 7 volunteer fire department it affects the rating and amount 8 payable in homeowner' s -insurance. 9 10 Peter Kmit , 2908 Silver Lake Court . His property value went 11 down and his City taxes went up 5% which he cannot afford 12 because he 'lives on social security. He said he will have 13 to .sell his house and move elsewhere. 14 15 Jim Wiehoff, 3508 Coolidge Street, N.E. Referred to a 16 newspaper article from last year stating the proposed taxes 17 were 4 . 9% . He said his increase was 13 . 8% . The Mayor said 18 it was because of devaluation in property and the tax 19 capacity decrease of the commercial industrial properties . 20 Mr. Wiehoff said in .surrounding communities the taxes went 21 down. Since 1991 he has had a 34% increase in total taxes . 22 He said that .things needed to be cut . 23 24 J.B. Murray, 3021 Harding Street . He said his property 25 value increased 18%this year and he hasn' t done anything to 26 increase the its value. Mr. Murray complimented the fire 27 department on their response to a heart attack he had. 28 29 George Thompson, 3015 39th Avenue N.E. He wanted to thank 30 the City Manager for his presentation because he found it to 31 be very informative. He said the services in St . Anthony 32 are great and he has no complaints and he is proud to be a 33 resident . 34 35 Councilmember Enrooth felt the .City Manager' s presentation 36 should be distributed -so everyone could see what they get 37 for their dollar. 38 39 The Mayor welcomed any suggestions on ways to cut the budget 40 and stressed the fact that the most crucial thing for St . 41 Anthony is to get the tax base down and thought with the new 42 dental office and rebuilding Apache would be ways to do 43 this . 44 45 VIII. ADJOURNMENT. 46 47 Motion by Marks and seconded by Enrooth to adjourn the . 48 meeting at 9 : 00 p.m. 49 50 Motion carried unanimously. 51 I CITY COUNCIL MEETING 02 NOVEMBER 30, 1993 3 PAGE 7 4 5 6 7 8 Respectfully submitted, 9 10 11 12 Margaret A. Noyd 13 Council Secretary 14 15 16 17 18 Mayor 19 20 ATTEST: 21 City Clerk 22 23 24 25 26 �7 8 1 CITY OF ST. ANTHONY 3 COUNCIL MEETING 4 5 DECEMBER 13, 1993 6 7 8 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge 11 of Allegiance was led by Mayor Ranallo. 12 13 II. 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 Bellefuil 20 21 III. APPROVAL OF DECEMBER 13 1993 COUNCIL AGENDA. 22 0-23 Mayor Ranallo added "Verified Claims" as Item E under 4 Section VI and add Representative Mary Jo McGuire after the 25 public hearing. 26 27 Motion by Wagner and seconded by Marks to approve the 28 December 13, 1993 agenda as amended. 29 30 Motion carried unanimously. 31 32 IV. APPROVAL OF NOVEMBER 23, 1993 COUNCIL MINUTES. 33 34 . Motion by Marks and seconded by Enrooth to approve the 35 minutes of the November 23 , 1993 Council meeting with the 36 following corrections : 37 38 Page 5, line 6 : Judy Makowske -should be identified as a 39 resident . 40 41 Page 5, line 32 : A grammatical error should be changed 42 replacing the word "spoke" with "spoken" . 43 0.4 Page 5, line 43 : Chuck Haik should be identified as a 45 resident . I CITY COUNCIL MEETING DECEMBER 13, 1993 3 PAGE 2 4 5 Page 6, line 18 : The phrase "has to feel" should be 6 replaced with "must determine" . 7 8 Page 6, line 41 : Bob Thistle should be identified as Vice 9 President of Springsted. 10 11 Page 7, lines 6-7 : Bob Rolfe should be identified as the 12 Library Director. 13 14 Page 7, line 27 : Correction of the last name "Cox" to 15 "Kofski" . 16 17 Page 7, line 30 : Tom Jaszewski should be identified as . a 18 resident . 19 20 Page 7, line 33 : Brad Bjorklund should be identified as a 21 resident . 22 13 Motion carried unanimously. 4 25 APPROVAL OF NOVEMBER 23, 1993 COUNCIL MINUTES. 26 27 Motion by Marks and seconded by Fleming to approve the 28 minutes of the November 30, 1993 Council meeting with the 29 following corrections : 30 31 Page 2, line 18 : Correction of the spelling of Lake 32 Nokomis . 33 34 Page 6, line 35 : The title of the presentation 35 Councilmember Enrooth is referring to should be clarified as 36 "What You Get for Your Tax Dollar" . 37 38 Page 6, line 41 : The word "down" should be replaced with 39 "up" . 40 41 Motion carried unanimously. 42 43 V. LICENSES/PERMITS/PETITIONS. 04 45 Motion by Wagner and seconded by Fleming to approve the I CITY COUNCIL MEETING 2 DECEMBER 13, 1993 • 3 PAGE 3 4 5 following requests for licenses and permits . 6 7 Contractors License : Simon Signs, Inc, Cedar, MN and 8 Prescription Landscaping, St . Paul, MN. 9 10 Motor Vehicle Starting License : Sroga' s Auto, Inc. , St . 11 Anthony, MN. 12 13 Motion carried unanimously. 14 15 A. Street Sign Petition. 16 17 Motion by Marks and seconded by Wagner to approve the, 18 petition for a street light petition received from Andrea 19 Braun, 3011 Rankin Road. 20 21 Motion carried unanimously. 22 23 VI. PRESENTATION OF CLAIMS. • 24 25 Motion by Marks and seconded by Enrooth to approve the 26 following claims : 27 28 A. City of Roseville. 29 30 Payment in the amount of $19, 991 .42 for final payment for . 31 project P-92-03 Old Highway 8 . 32 33 B. Progressive Contractors, Inc. 34 35 Payment in the amount of $26, 578 . 37 for services rendered 36 October 30 to November 24, 1993 regarding the 37th Avenue 37 project . 38 39 C. Gridor Construction. 40 41 Payment in the amount 'of $25, 031 . 04 for services rendered 42 June 27 to July 31, 1993 regarding the water system 43 improvements project . 44 • 45 D. Hance & LeVahn. I CITY COUNCIL MEETING DECEMBER 13, 1993 3 PAGE 4 4 5 Payment in the amount of $2,400 . 00 for services rendered for 6 December, 1993 . 7 8 E. Verified Claims. 9 10- Approval of the six pages of verified claims as submitted by 11 the Finance Director. 12 13 Motion carried unanimously. 14 15 VII. REPORTS. 16 17 A. Planning Commission - November 16. 1993 . _ 18 19 1. Goodyear Auto Service Center, 4020 Silver Lake 20 Road, sign variance request. 21 22 Commissioner -Gondorchin appeared on behalf of the Planning 3 Commission to support Goodyear' s petition for a ground sign 4 variance. Goodyear feels that they should be granted a 25 hardship variance due to traffic speed in the.,_area and 26 larger neighboring signs . Gondorchin said the Planning 27 Commission voted 4-3' to approve the requested variance . He 28 said Goodyear' s hours of illumination would be consistent 29 with other merchants in the area. 30 31 Mayor Ranallo felt Goodyear' s hours of illumination for the 32 sign should be restricted to hours of business . 33 34 David Ewald, Executive Director of the Minnesota Sign 35 Association, appeared on behalf of Goodyear to request a 36 sign variance due to hardship based on poor visibility and 37 that a U-turn is necessary to enter the premises. He said 38 Goodyear' s major interest was to get an attractive sign. 39 40 Marks said keeping a -good business climate has nothing to do 41 with the hardship issue. A hardship has to do with the 42 shape of the lot and topography. He said Goodyear' s lot is 43 basically flat. He doesn' t feel Goodyear has any form of �4 hardship on their property. W45 i CITY COUNCIL MEETING 2 DECEMBER 13, 1993 • 3 PAGE 5 4 5 The City Manager said the Planning Commission felt that 6 Goodyear could possibly have a cause for hardship because of 7 the distance of the business from the road. Marks disputed 8 this because Goodyear decided to put the store at that point 9 on the property so they would have additional parking space. 10 11 The City Manager indicated that another hardship .issue could 12 be the visibility factor of the wellhouse blocking the view _ 13 of Goodyear. Wagner said the wellhouse was located there 14 before the Goodyear store. 15 16 Enrooth felt that Goodyear could have an appropriate sign 17 withou_t. the sign variance, if they used the landscaping 18 bonus . 19 20 Motion by Wagner and seconded by Marks to deny Goodyear' s 21 request for a sign variance. 22 23 Motion carried unanimously. • 24 25 B. Council. 26 27 Mayor Ranallo indicated he felt the Council should ask the 28 merchants to convince the people who use the shopping 29 centers to use the liquor establishments and restaurants as 30 well . 31 32 Councilmember Marks had nothing to report except that he has 33 received cards from .St . Anthony' s Sister City, Salo, 34 Finland. 35 36 Councilmember Enrooth reported the tour of the Hennepin 37 Energy' Resource Company (HERC) facility will be January 13, 38 1994 from 10 :30 A.M. to 12 : 00 P.M. and encouraged everyone 39 to attend. 40 - 41 Councilmember Fleming said the party celebrating the victory 42 of the library had been cancelled. She inquired as to how 43 much support Hennepin County gives to N.W. Youth and Family 44 Services. • 45 1 CITY COUNCIL MEETING DECEMBER 13, 1993 3 PAGE 6 4 5 Councilmember Wagner attended the National League of Cities 6 Conference with Councilmember Enrooth for which he will 7 prepare a report and bring it to the work session. He also 8 wanted to remind the Council of the pancake breakfast for 9 all City employees on Thursday, December 16 at 7 : 00 a.m. 10 11 1. Recycling Center. 12 13 The City Manager reported the pros and cons of staying with 14 the City' s recycling center which Management Assistant 15 f Bellefuil had compiled. He asked that the report be sent to 16 the Environmental Quality'Recycling _Task Force to get their 17 input . 18 19 The Mayor said most residents don' t know that they already 20 pay to have curb. side pick up if they have garbage service. 21 Bellefuil said essentially you pay for the same service 22 twice. 3 24 Motion by Marks and seconded by Wagner to refer the matter 25 of the opening/closing of the recycling center to the 26 Environmental Task Force. 27 28 Motion carried unanimously. 29 30 2 . Cancel December 28, 1993 Council Meeting. 31 32 Motion by Marks and seconded by Fleming to cancel the 33 December 28, 1993 Council meeting. 34 35 Motion carried unanimously. 36 37 C. City Manager. Nothing. 38 39 VIII. PUBLIC HEARINGS. 40 41 Mayor Ranallo opened the public hearing at 8 : 00 p.m. 42 43 A. Resolution 93-068 re: Certification of 1994 Tax Levy *45 and Budget. ' 1 CITY COUNCIL MEETING 3 DECEMBER 13, 1993 4 PAGE 7 5 6 Motion by Marks and seconded by Wagner to certify the 1994 7 tax levy. 8 9 Motion carried unanimous),y. 10 11 B. Mary Jo McGuire. 12 13 Representative McGuire thanked the Council for the 14 opportunity to speak and apologized for not being able to 15 attend the Truth in Taxation meeting. She wanted to 16 congratulate everyone who worked on the library effort . She 17 invited any issues for the February legislative session to 18 be brought to her attention soon so the issue can be placed 19 on the agenda. 20 21 She indicated she had spoke with the City Manager regarding 22 the hours of the liquor store. 3 24 Representative McGuire offered to help' out any way she could 25 with regard to American Monarch and the City Manager said he 26 was in touch with the Trade and Economic Development Agency 27 and American Monarch. 28 29 IX. NEW BUSINESS. 30 31 A. Resolution 93-069 re : Call Hearing on 1994 Street 32 Improvements. 33 34 Motion by Marks and seconded by Enrooth to approve 35 Resolution 93-069 calling a hearing for the . 1994 road 36 projects. 37 38 Motion carried unanimously. 39 40 . B Resolution 93-070 re• Call Hearing on 1994 Street 41 Improvement Assessments. 42 43 Motion- by Marks and seconded by Wagner to approve Resolution 4 93-070 calling a, hearing for the 1994 road assessments. . 45, I CITY COUNCIL MEETING 2 DECEMBER 13, 1993 3 PAGE 8 4 5 Motion carried unanimously. 6 7 C. Resolution 93-071 re: Award Bid for Sale of -S215. 000 8 Bonds. 9 10 Motion by Wagner and seconded by Marks to approve Resolution 11 3-071 for the bid award. 12 13 The Mayor said the City still has the A-1 rating and has 14 been able to maintain that rating for the past three years 15 which enabled the City to sell the bonds at 40. 16 17 Bob Thistle, Vice President of Springsted, Inc. financial 18 consultants,, said the refund of the 1985 issue will save the 19 City almost $30, 000 . He recommend the City Council 20 authorizing the issuance and award the sale to John G. 21 Kinnard & Company. 22 23 The City Manager wished to thank Mr. Thistle for alerting 24 the City to this and saving them money. 25 26 Motion carried unanimously. 27 28 X. UNFINISHED BUSINESS. 29 30 None. 31 32 XI. ADJOURNMENT. 33 34 Motion by Marks and seconded by. Enrooth to adjourn the 35 meeting at 8 : 15 p.m. 36 37 Motion carried unanimously. 38 Respectfully submitted, 39 40 Margaret A. Noyd 41 Council Secretary 42 43 Mayor Clarence Ranallo 44 ATTEST: 45 City Clerk '