Loading...
HomeMy WebLinkAboutCC PACKET 07191988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 100616 Box: 18 Folder: CC PACKETS 1987-1989 Document: CC PACKET 07191988 City of St. Anthony ® Planning Commission Agenda August 16, 1988 7: 30 P.M. 1 . Call to Order. 2 . Roll Call. 3 . Minutes of Commission Meeting of July 19, 1988 4. Designate Commission Representative to August 23 Council Meeting 5. Request from-Lang/Nelson for P.U.D. Approval for Phase 3 of the Kenzie Terrace Redevelopment Project 6. Request for Sign Variance for TA's Restaurant (Formerly Mr. -Ild3i0's) 7. Request for Conditional Use .Approval and a Sign Variance for a Burger King to be constructed at Apache Plaza • 8 . Other Business 9. Adjournment • • C 2 TY O F S T _ ANTHONY P L ANN=NG C OMM T S S T ON M T NUTS S JULY 1 9 , 1 9 8 8 1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led 2 by Chair Wagner. 3 ROLL CALK 4 Present for roll call : London, Franzese, Hansen, .Wagner, Werenicz, 5 Madden. 6 Absent: Brownell. 7 Also present: David Childs, City Manager. 8 JUNE 19 1988 PLANNING COMMISSION MINUTES 9 Motion by Madden, seconded by London to approve with the following 10 changes: • 11 Page 3 , line 9: Insert space between "Drumm" and "in" . 12 Page 8, line 2: Insert "that" between "recommend" and "the 13 Council" . 14 Page 9, line 13: Substitute "though" for "thought" . 15 Motion carried unanimously. 16 Commissioner London Will Represent Planning Commission at Council's 17 July 26th Meeting 18 PUBLIC HEARINGS 19 Commission United in Recommending Conditional Use Permit for Kuelbs 20 Motorcycle Sales and Accessories Store 21 At 7: 35 P.M. Chair Wagner read the notice of the hearing on the above 22 which had been published in the July 6th Bulletin and sent to all 23 property owners of record within 350 feet of the subject property at 24 2519-21 Harding Street -N.E. No one present reported failure to 25 receive the notice or objected to its content. 26 Commissioners had been provided copies of the Application for 27 Conditional Use Permit submitted by Leo Kuelbs as well as his 28 original application letter and the minutes of the City Council and 29 Planning Commission meetings on the matter. 1 1 Staff Report • 2 Mr. Childs reiterated portions of his June 25th memorandum to the 3 Commissioners, including the fact that the Ordinance amending the 4 Zoning Code to allow the use as a permitted conditional use had been 5 given its second reading for adoption July 26th, the same night as 6 the Council will be considering the permit. The City Manager also 7 reiterated that he had received no calls or letters either for or 8 against the permit from the neighboring property owners. 9 Mr. Childs advised the Commissioners that it was now their right and 10 responsibility to attach recommended conditions to the permit. He 11 suggested that the Council tended to look carefully at the impact 12 such an activity might have on the surrounding neighborhood, 13 specifically as to hours of operation, noise, etc. 14 Proponents - Leo and Joe Kuelbs, 8545 Highway 101, Savage, NN 15 Joe Kuelbs: 16 *reiterated that the Kuelbs family had been in the Harley- 17 Davidson business for 15 years during which time they have had stores 18 in two communities and had "no problems with previous dealerships" , 19 as indicated in their June 15th letter; 20 *told Chair Wagner their current shop in Savage is locat� 21 within an eighth of a mile of at least 50 homes as well as 22 campground and there have been no problems whatsoever with any of the 23 residents; 24 *reported the City of Savage has placed no restrictions on 25 their operations and they anticipate keeping the same hours of 26 operation in St. Anthony as for their Savage dealership; 27 *indicated he would probably be advising customers through 28 maps on the flyers and in the Yellow Pages to approach his business 29 from Highway 88 rather than Kenzie Terrace; 30 *said demonstration rides can only be given during seasons when 31 the weather is good. Because of the restrictions they place on the 32 riders for their own protection, he would anticipate only between 50 33 and 100 test rides to be allowed in any single year; 34 *reported that state law forbids selling licensable vehicles on 35 Sunday . so they aren't open that day; 36 *told Commissioner Franzese the proposed St. Anthony space is 37 only half the size of their Savage operation and this dealership 38 would probably not have as many customers. However, he would expect 39 to see about a hundred people go through the store on a busy day, 40 only half of whom would be coming to the store on a motorcycle; • 2 • 1 *added that noise levels are regulated by the EPA so all new 2 motorcycles (which is primarily what they- sell) are very quiet; 3 *didn't deny that there could be motorcycles with loud, 4 defective muf f lers just as there are cars; or that there might be a 5 few of them who would be serviced in St. Anthony; 6 *expects to put a neon face type sign Harley Davidson puts out 7 which will be about 16 feet long and 2 or 3 feet high and would be 8 lit during the hours of operation, which Mr.' Childs has said would be 9 well within the City sign ordinance; 10 *would also want to have some type of security light at night; it *told the Chair the primary services they would offer at this 12 location. would be setting up and servicing of new motorcycles and 13 minor tuning up of new and used cycles; 14 *there would be minimum of repair of exhaust systems with all 15 major repair work done in the Savage shop; 16 *assured Commissioner London that there would be no outside 17 repair or storage of vehicles. 18 There was no one present to speak for or against the permit and the 19 Chair closed the hearing at 7:52 P.M. after Mr. Childs had .cautioned 20 the Commissioners that it would not be appropriate for the City to .21 mandate traffic across other businesses' property. 22 Commission R VA=endation 23 Motion by Franzese, seconded by Madden to recommend the City Council 24 grant a Conditional Use Permit to Leo and Joe Kuelbs, - Twin City 25 Harley-Davidson, for a motorcycle sales and accessory shop at 2519-21 26 Harding Street N.E. , which is not to include major repair services. 27 In recommending that this permit be granted, the Commission also 28 recommends the permit be made contingent upon annual review by staff 29 on the basis of excessive- complaints about the operation. 30 The Commission recommends further that the business be required to: 31 1. maintain the same hours of operation as their Savage shop, 32 namely: 33 9:00 A.M. to 8 :00 P.M. , Monday through Thursday and 9:00 A.M. 34 to 5:00 P.M. , Friday and Saturday; 35 2. encourage test drivers to use Highway 88; 36 3 . provide all services and displays within the building with no 37 outside storage; • 3 1 4. do only setting up and minor repairs at the St. Antho� 2 location with all major jobs done elsewhere. 3 In recommending the permit be granted, the Planning Commission finds 4 that: 5 a. The proposed conditional. use meets all three conditions which 6 have to be satisfied before a conditional use may be authorized. 7 b. No opposition to the permit was registered during the hearing. 8 c. The applicants have been made aware of the City concerns 9 related to access in light of nearby residences. 10 Motion carried unanimously. - 11 Neighbor Opposition Leads to 5 to 1 Vote Against Garage Addition at 12 4029 Penrod Lane 13 At .8:05 P.M._ the Chair read aloud the notice of the hearing on the 14 request from Eugene B. Tomas for a variance from setback requirements - - 15 of the Zoning Ordinance to allow addition of a new garage immediately 16 east of the existing garage on the Silver Lane side of this corner 17 lot. No one present reported failure to receive the notice which had 18 been published in the July 6th Bulletin and sent to all property 19 owners of record within 200 feet of the subject property,. or object 20 to its content. 21 Documentation 22 The agenda packet included copies of the City Manager's July 25th 23 memorandum on the request; the Variance Petition; and three scaled 24 drawings of the proposed 32 foot X 24 foot garage addition; a second 25 story bedroom addition on the existing garage; and a family room 26 which Mr. Tomas said he planned to convert the existing garage to 27 once his boys have grown up and moved away. 28 Staff Report 29 Mr. Childs reiterated the following from his memorandum: 30 *the existing home and garage were constructed by Mr. Tomas in 31 1966 under a variance issued in July of 1966 for a setback of 11 32 feet from the property line on Silver Lane, where the Ordinance 33 requires 30 feet; 34 *the addition would maintain the same alignment with the 35 existing garage and would therefore require the same size variance; 36 *Mr. Tomas had been advised to discuss his proposal with his 4 • 1 neighbors before the hearing and to date staff had received no • 2 letters or calls from any of them. 3 The City Manager also indicated he had looked up the minutes of the 4 meeting in 1966 where the first variance had been granted but fond 5 only four lines related to the issue. Information about the 6 reasons used by the Commission and Council, for granting the 7 variance were not in those minutes. 8 Proponents - Eugene and Nicole Tomas 9 fir. Tomas told the Commissioners: 10 *he had four sons, all of whom had licenses and cars so he 11 needed more garage space, even though he had never been able to park 12 cars in the existing garage since it had been built; 13 *the plan was to construct the new three car garage which would 14 exit on Silver Lane; put a second floor bedroom on the existing 15 garage this fall for the use of his mother during winter months; and 16 to continue to use the garage, which exits onto Penrod, for that 17 purpose until his sons had moved away from home. He said he then 18 planned to enclose it for a family room; 19 *there's a lot of congestion in the yard now with 7 cars 20 (including the vans used for his plumbing business and a boat) and 21 his mother will have a car to park in the winter; 22 *he preferred adding the new garage to the existing structure 23 but understood he could put a detached garage with a - 30 foot setback 24 in his backyard but thought that would look "kind of ugly" compared 25 to the appearance of an attached garage fit into the rest of the main 26 structure; 27 *he had been forced to cut down the existing garage size to 28 meet the Ordinance requirements in 1966 and the way the house is now 29 with a sliding door on that side, if he continued the garage on the 30 house side, he wouldn't be able to get a large car into his garage.. 31 The plan. was therefore designed to come back off the garage and then 32 to encircle the deck two feet before continuing out towards the back; 33 *the third stall would probably only be long enough to use as a 34 "lawn mower stall" ; 35 *he would probably keep the cement slab which runs the length 36 of the existing garage on the Silver Lane side; 37 *he would retain at least a 38 foot setback to the rear with 38 the proposed addition; 39 • 5 1 *Don Zebro down the block who had put in the original footing 2 would be consulted regarding the adequacies of footings and the dep 3 to frost for putting on a second story and he. knew he would probabl 4 have to double the studs for that addition; 5 *the elevations of Silver Lane would determine the floor height 6 of his new garage. 7 Opponent — Delite B. Hogan, 4024 Penrod Lane (across the street to 8 the southwest of the Tomas house) 9 Ms. Horan told the Commissioners: 10 *from what she had observed, "Mr. Tomas for all intents and 11 purposes, was operating a plumbing business out of his home and 12 still has three vans which are never in the garage because "their 13 business stuff is all in the garage and is loaded every morning; 14 *their cars are all over the driveway and the streets; -- --- 15 - - __*the neighborhood is losing -its residential- status- because--the 16 people who live to the left of her repair cars and also have cars 17 parked all over; 18 *another neighbor down the line has his business in his home 19 as well; 20 *she had lived there only three years but couldn't believe who 21 is going on there; 22 *she doesn't want to live in a neighborhood like this one and 23 questioned why these activities were allowed; 24 *she believed property values would go down if the City 25 continued to let these businesses operate in a residential area. 26 The complainant told Commissioner Franzese it appeared to her that 27 the Tomas vans were intended for business use. She said cars are 28 brought all the time to the house next door for sanding, painting, 29 etc. which she was certain was not , allowed in a residential 30 neighborhood. When Commissioner -Hansen asked whether she had 31 complained to the City, she told him she was constantly calling about 32 the dogs running loose in the neighborhood and was "tired of 33 calling. " She said the only reason she was at the hearing was 34 because she was worried that with the addition., the Tomas business 35 was going to be expanded. 36 Hans told the complainant the Commission's purpose that evening 37 was not to enforce the Ordinance which forbids running a business 38 out of a home, but only to consider a variance for a garage 39 addition. 6 • 1 Madden disputed this conclusion, saying he certainly thought the 2 implication that Mr. Tomas was running a business out of his garage 3 was certainly relevant to the request for another garage before the 4 Commission that evening. 5 Childs told Ms. Hogan it was very difficult for the City to enforce 6 animal violations and it was therefore imperative to build a case of 7 continued violations. He urged her not to worry about "becoming a 8 pest" but to continue calling. 9 Proponent Rebuttal - 10 Mr. Tomas indicated: 11 . *he had been self-employed in the plumbing business ever since 12 he moved to that neighborhood in 1966; 13 *he does take calls at home and he and his third son, who works 14 for him, do drive their vehicles home every night just the same as 15 any working people do; 16 *he didn't see any difference between himself and a self- 17 employed attorney who takes calls at home and carries a brief case 18 home at -night; 19 *at the present he has no outside help but did have a man • 20 working for him full time in the past; 21 *Don . Zebro, his neighbor, has a four car garage into which he 22 drives his truck and closes the door and ,, "nobody knows he has a 23 business there" ; 24 *he guessed a third of the people on that street were also 25 self-employed; 26 *no one comes to buy anything from him; 27 *one of the vans which the family uses for camping is utilized 28 on occasion for his wife to go to the supply house and bring whatever 29 he needs on the job to him; 30 *some of the supplies are kept in the garage but most are kept 31 in his van; 32 *it was true that every day a delivery was made to him on the 33 job site but otherwise his equipment stays in the vehicle; 34 *the exception is those materials aren't used up on .a job which 35 are stored in the garage for awhile; 36 *he didn't think the van was loaded and unloaded every day; 7 1 *one of the three vans he has now would be eliminated soo 2 because of its appearance. 3 oms denied the new garage addition was related to an expansion of 4 his plumbing business although it was conceivable that he would be 5 doing the loading and unloading in there after it's built. He said 6 primarily he wanted to have room to store his boat which he has had 7 to leave outdoors the last two winters. 8 The applicant said he perceived by parking half of his vehicles on 9 the Silver Lane side he would be relieving Penrod Lane. He 10 admitted it was "a jungle" around his house when there's no parking 11 on the street in the winter, but anticipated most of the congestion 12 would be eliminated when the boys moved away. 13 Childs indicated there might be a problem if vehicles were parked on 14 the proposed Silver Lane cement slab which is in the City's right- 15 of-way because that's where the City crews have to plow snow. 16 Nineteen foot vans would also protrude beyond the 11 foot setback he 17 observed. 18 Tomas responded that there might be more room to park some of the _-- 19 vehicles with the new garage addition. 20 Two other persons were present but neither accepted the invitation 21 to speak and the hearing was closed at 8: 35 P.M. 22 connission Reaction 23 London 24 *said he basically opposed the variance because he perceived 25 the neighbor's objections to be legitimate; 26 *indicated he believed Mr. Tomas was running a plumbing 27 business out of his garage and if only the boat were going to be 28 parked in the new garage, the addition would do little to alleviate 29 the problems for the neighbors with the number of cars which would be 30 left sitting outside; 31 *concluded that as long as Mr. Tomas runs a business out of 32 his garage and uses two or three vans for that purpose, he's going to 33 have parking problems; 34 *indicated he had a detached garage himself and didn't 35 necessarily consider them to be either "ugly" or "inconvenient" 36 *said in many ways they are advantageous with their long 37 driveways and in this case Mr. Tomas might be able to store some of 38 his belongings out back where no one cares. 8 1 The Commissioner told the other Commissioners the applicant had not • 2 presented arguments convincing enough to get him to recommend a 3 variance. He said he perceived in cases like this one, the neighbor 4 concerns had to be taken into account because they have a lot of 5 money invested in their homes. Commissioner London didn't think the 6 * City should be encouraging lowering property values by allowing 7 businesses to operate out of homes. 8 Later on, Commissioner London reiterated that it was pretty obvious t 9 him that Mr. Tomas was running his plumbing business out of his home 10 and that fact had to be considered when the Commission made a it decision. He told the other Commissioners , based on his own 12 experience with a one car garage he had decided a long time ago that 13 he was going to vote affirmatively for any request for a two car 14 garage but he perceived a different issue was involved here where 15 "there were too many people and too many cars" for the site size 16 where he didn't think granting a, variance for another garage would do 17 much to alleviate the problems. 18 Wagner indicated the only reason he was even considering 19 recommending the variance was because he wondered whether a second 20 garage might help the current situation. 21 Hansen indicated he was not opposed to the variance for a number of 22 reasons. He perceived the issue of whether the applicant is running 23 a business out- of his home was not what the Commission was supposed • 24 to decide. The Commissioner pointed out that they had heard from 25 only one neighbor who lived across the street even though the 26 neighbor to the. east was the most affected. 27 Commissioner Hansen added that Mr. Tomas can build a detached garage 28 without a variance and said, given the lay of the land and the 29 proximity to the neighbors, he wasn't certain the second garage 30 wouldn't be more of, an obstruction in the backyard. He personally 31 believed an attached garage added more continuity to the property 32 than if it were built in the backyard so close the neighbor's. 33 The Commissioner commented that he didn't think Mr. Tomas driving a 34 van he uses for his work home every night was any different than his 35 carrying his brief case out and into his home every day. 36 He argued that by granting the variance for another garage, the City 37 might be getting some vehicles off the street which was the goal of 38 the ordinance the Council recently passed and he "assumed was going 39 to be enforced" . In response to comments about too many cars on the 40 site, Commissioner Hansen indicated he perceived the Commission was 41 trying to make a decision related to the number of cars which can be 42 parked at a residence, which the Council hadn't even been able to 43 come to .grips with when `they passed the ordinance allowing parking 44 only on paved surfaces. • 9 1 Madden indicated that, although he now knew the ordinance had nothin 2 to say about it, was still concerned about adding ,another curb cut 3 Silver Lane. He said there are only 8 curb cuts in 85 one 4 hundredths of a mile on the south side of that street in St. Anthony, 5 whereas Penrod Lane, which is three tenths of a mile, has 15 curb 6 cuts on the east side, indicating to him that Penrod is a better 7 street to have curb cuts than Silver Lane which is such a high 8 volume traffic street. 9 The Commissioner said he had nothing positive to say about the 10 request and instead perceived the problem to be that Mr. tomas' 11 property was just not large enough to accommodate all the vehicles, a 12 trailer and a boat, and the "various and sundry junk he has laying 13 around there. " Commissioner Madden questioned what use the applicant 14 would make of his new garage if he doesn't use the one he has now 15 for parking cars. He agreed with Commissioner London that the 16 Commission had to take into account the report of a neighbor who is. 17 there every day. 18 Werenicz said he had no strong feelings either way but was leaning 19 towards denial . - -He sympathized with the - neighbor_-but wondered if 20 another garage might not clear up her view of the property. The 21 Commissioner said he was more concerned about the new garage 22 encroaching on the neighbor's property to the east. 23 Commissioner Werenicz indicated he doubted whether the irs 24 question in the application should have been answered in t 25 affirmative because he could see no "undue hardship" but rather " 26 inconvenience" would result "should the ordinance be strictly 27 enforced. " 28 WaW er agreed, .saying he personally had some reservations about 29 whether any of the three questions deserved an affirmative answer. 30 He said his only reason for considering a recommendation for 31 granting the variance would be that it: might help. to decrease the 32 number of vehicles in the yard. 33 Franzese reiterated that she .-thought a wrap around garage might add 34 to the appearance of this property more than .a detached garage. She 35 reported another house with two garages in her own neighborhood which 36 looked very good. However, she also wondered whether three more 37 stalls would do much to alleviate the problem since the applicant had 38 testified he didn't use the existing garage to park any of the 39 vehicles which are all over the lot now. 40 The Commissioner said she had three children driving and another 41 about to drive and could sympathize with Mr. Tomas's situation, but 42 at the same time she had always been aware of her neighbor's rights 43 and had tried not to be a nuisance. 44 Hansen reiterated that the Commission was not considering a 45 conditional use permit with this request and said he didn't consid� 10 1 it was up to the Commission to decide how this garage was going to be • 2 used anymore than any other garage in St. Anthony. Based on the 3 -request from this individual , Commissioner Hansen didn't believe the 4 neighbor's comments should impact on the Commission's decision. He 5 repeated that the City had an ordinance which should be enforced if 6-there's actually a business being run out of this property. He 7 indicated he had drive past the house four times himself and never 8 seen the number of vehicles other Commissioners reported seeing 9 parked there. Because he hadn't seen any, Commissioner Hansen said 10 he had to assume "somebody was doing a good job keeping all those 11 vehicles from. blocking traffic or from parking on the grass. " 12 The Commissioner concluded that if this individual was willing to 13 spend money in an attempt to alleviate his problems "and since this 14 is only an extension of a use the City granted a variance for' 22 15 years ago" , he was ready to recommend that the variance be granted. 16 commission Recommendation 17 Motion by Hansen, seconded by Werenicz to recommend the City Council 18 grant the request from Eugene B. Tomas for a variance from the 19 setback requirements of the Zoning Ordinance to allow a 32 foot X 24 20 foot addition to the east side of the existing garage at 4029 Penrod 21 Lane, in alignment with the existing garage. The variance would 2.2 allow an 11 foot setback from the Silver Lane property line where the 23 ordinance requires 30 ' feet. • 24 In recommending the variance be granted, the Commission finds that: 25 1 . The three conditions required by statute to be satisfied 26 affirmatively are met in terms of what the City normally accepts. 27 2. The variance seems logical in light of recent ordinance changes 28 designed to discourage outdoor parking. 29 3 . The proposed variance is merely an extension of the one 30 granted for the property when it was first built in 1966. 31 4. Were the City to deny the variance, the homeowner could still 32 build a detached garage which might, in fact, be less desirable, for 33 the neighbors. 34 5. Although one neighbor spoke against the variance, it was 35 because she thought a business was being run out of the home which is 36 a separate issue from the variance. 37 Voting on the Notion: 38 Aye: Hansen. 39 Nay: London, Franzese, Wagner, Madden, Werenicz. 40 Motion not carried. 11 1 The Chair commented that he perceived the Commission recommendatio, 2 had to be for denial since the above had been so clearly defeated. 3 Franzese told Commissioner Hansen that "without all the qualifiers 4 you put on the motion, I could have voted for the variance because I 5 agreed that it was just an extension of the one the City granted in 6 1966 and the addition wouldn't change the existing building 7 alignment. 8 Nagger and Werenicz indicated they continued to have problems with 9 the answers on the application. 10 Auplication Withdrawn 11 Mr. Tomas stated that he was just going to apply for a building 12 permit for a detached garage and he hoped "the Commission would be 13 happy with all those vehicles parked on the street and around the 14 yard. " The Chair advised him that sometimes the Council reverses the 15 Commission recommendation. The applicant left muttering some 1-6 uncomplimentary phrases -about his--neighbor-. 17 011M BUSINESS 18 Commissioners Invited to Attend Carbon Filtration Dedication 19 Mr. Childs indicated they would all be welcome to attend the ceremo 20 at the site at 6:00 P.M. , July 26 , 1988 , where the City's "Cle 21 Water" would be toasted with that beverage instead of champagne. 22 New Operators to Remove the Controversial Roof Sign on Mickey D's 23 Restaurant 24 The Manager reported the new proprietor had told him he wanted to 25 keep the name because of its customer perception about good food 26 being served there. In addition to removing the controversial sign 27 from the roof, Mr. Childs indicated the new restaurant owner was 28 going to apply for two signs, one in the front and the other on the 29 side facing St. . Anthony Boulevard, the total of which would not 30 exceed what the City allowed. that building. However, he would be 31 willing to keep only the front sign if that was the City's decision. 32 Apartment Project and Transfer of Parkview Appear to be Realities 33 Before the meeting adjourned, the City Manager gave a brief report 34 on what was happening in conjunction with both projects. He said he 35 expects Lang-Nelson to be named the developer for the third phase of 36 the Kenzie Terrace Redevelopment Project at the next Council meeting 37 and anticipates the closing on the Parkview building to be held the 38 first week in August unless more environmental problems crop up to 39 make that purchase unfeasible. 12 1 ADJOIJRIIIdffiiT • 2 Motion by Madden, seconded by Wagner to adjourn the meeting at 9: 35 3 P.M. 4 Motion carried unaniaously. 5 Respectfully submitted, 6 Helen Crowe, Secretary 7 :cjk 8 9 . a 13 August 12, 1988 • To: Members of the Planning Commission From: David M. Childs, City Manager Re: 88-18 Request from Lang/Nelson Companies for amendment to the Development Concept Plan and Detail Plan for the third phase of the Kenzie Terrace Redevelopment Project. As you will note from the legal advertisement, the general concept approved by the City Planning Commission and the City Council last fall for the Gaughan Companies has changed very little. There were some minor changes like going from two large buildings to three buildings (one large and two smaller) and by increasing the individual unit size, requiring that more land be acquired by the H.R.A. . The additional parcel to be acquired is a small part of the parking lot of the Town and Country Foods Store. Fortunately, their property extends well beyond what they realized that they owned, so the spaces that they currently stripe and maintain will be disturbed very little. Lang/Nelson will be present at the meeting to explain their development proposal, and I am sure that you will find that it improves upon the concept previously given by the Gaughan Companies. Please call me if you have any questions about this proposal, and keep hoping that they can get their financing in the next 30 days or so. CITY OF ST. ANTHONY NOTICE OF HEARING • TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, August 16, 1988 at 7: 35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purposes: To consider a request from Lang-Nelson for approval of a revised Development Concept Plan and Detail Plan approval under the P.U.D. (Planned Unit Development) section of the City Zoning •Ordinance to allow construction of three buildings of three stories each over underground parking on the site currently occupied by the St. Anthony Village Shopping Center, generally the 2500-2600 block of Kenzie Terrace N.E. Said buildings will consist of two apartment buildings, one with 48 units and one with 57 units to be for seniors only and the third building to be 96 units of high quality general rental. This proposal does not include any plan for rental subsidies. The following items are included in the proposal : • *parking, 206 underground, 153 surface *ponding for aesthetic and storm .drainage purposes *mostly brick exterior, except balconies, etc. *pitched rather than flat roof design *all vehicle access will be from. Kenzie *landscaping, vegetation, and bermed screening will be provided. This proposal differs from the previously approved plan generally due to the split of the previously proposed 100 unit senior building into two, smaller senior buildings. Also included is an enlargement of the individual units by about 100 square feet each and the inclusion of a small parcel of property associated with the Town and Country Foods parcel to the east. The basic development concept remains unchanged, but due to these minor design adjustments, an amendment to the P.U.D. is required. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Publish: Bulletin, August 3 , 1988 • '['�ENZINGTON OF ST ANTHONY G ["hase X BUILDING DATA BUILDI5 NG"A in' (96UNIIS) 1 2 in PEP rLoon i I IT PEA FLOOR :j 32 UNITS. 3 FLOOR!. / e //, NITS TOTAL 96 U BUILDING Prn FLOOR.3n (48 UNITS) Pond 9 2 i I A Prn rt oon 10 UNITS x I FLOOR'; 40 LIN,rs TOTAL // \ BUILDING"C' (57UNII 5) N 9-2 OR PER FLOO 10-- I OR PF 11 I FLOOR IOUNIIS x 3 FLOORS ILl) / /�. 57 UNITS TOTAL / n \ -_ _ \ TOTAL UNITS 201 PARKING DATA Iry ME` ow000n PAnxtNr 153 >- \ i•- - _ �� PROOF OF PARKING 49 —7 Z TOTAL MAnxFT 0 UNDERGROUND 202 206 TOTAL PARKING 406 /J� �� _ � \ SITE DATA SITE AREA SHOWN la, 9.34'. [:.!j pool BUILDING'SITE COVEA'A'c!�rl 19.7, LIVING UNITSIACRE 21.5 pond BLDG"B' BLDG"A" wh NORTH ".AWN M M PLAIVQ Sol' MAILING LIST - ST. ANTHONY SHOPPING CENTER PUD 8/88 Gordon Culhane Gary Zahrbock Joseph Schlunder 2700-27th Avenue N.E. 2704-27th Avenue N.E. 2708-27th Avenue N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 E. M. Lantto Palmer Gunderson Bona Properties 2712-27th Avenue N.E. 2800-27th Avenue N.E. 5236 Horizon Drive St. Anthony, MN 55418 St. Anthony, MN 55418 Fridley, MN 55421 Re: 2801 Kenzie Terrace Eberhardt Osborne Properties Eugene Metzer 3250 W. 66th 523 S. 8th Street 4120 Zane Avenue N. Minneapolis, MN 55440 Minneapolis, MN 55404 Robbinsdale, MN 55422 Re: 2550 Hwy. 8 Re: 2550 Hwy. 8 Walker Methodist St. Anthony Bowling. Lanes Dick's Union 76 3737 Bryant Avenue S. 26454 Kenzie Terrace 2700 Kenzie Terrace Minneapolis, MN 55409 St. Anthony, MN 55418 St. Anthony, MN 55418 R. J. Ruppert Associates St. Anthony Village Shopping 1700 W. 78th St. , #100 St. Anthony National Bank Center Minneapolis, MN 55423 2401 Lowry Avenue N.E. 25 .University Avenue S.E. St. Anthony, MN 55418 Minneapolis, MN 55414. Re: 2500 Kenzie Terrace Dowry Grove, Inc. - Glen Gavic Arthur Tombarge 2501 Lowry Avenue N.E. 2605 Lowry Avenue N.E. 2609 Lowry Avenue n.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 John Sullivan 2005-22nd Avenue N.E. Carol Hickerson Maurice Gallant Minneapolis, MN 55418 2617 Lowry Avenue N.E. 2621 Lowry Avenue N.E. - St. Anthony, MN 55418 St. Anthony, MN 55418 Re: 2613 Lowry Ave. N.E. Gren Steiner Violet Lundeen Richard Tollefson 3016 Old Hwy. 8 2538 Kenzie Terrace 1123 N.E. Monroe Street St. Anthony, .MN 55418 St. Anthony, MN 55418 Minneapolis, MN 55413 Re: 2534 Kenzie Terrace Lloyd Helm William Wojcik Northgate Office Park 2546 Kenzie Terrace 2548 Kenzie Terrace 2526 Highway 8 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony Development Co. Gustafson & Tyson Councilmember Walter Diiedzic K/o Sann &Howe META Partnership City of Minneapolis 00 Park Avenue 7400 Metro Boulevard, #411 350 S. 5th Street New York, MN 10017 Edina, MN 55435 Minneapolis, MN 55415 St. Anthony Bulletin William Soth Lang-Nelson 909 - 7th Avenue N.W. Dorsey & Whitney 4601 Excelsior Boulevard New Brighton, MN 55112 2200 First Bank Place East St. Louis Park, MN 55416 Minneapolis, MN 55402 Attention: Paul Brewer 60 Kenzington Residents �to be hand delivered i August 12, 1988 To: Members of the Planning Commission From: David M. Childs, City Manager Re: 88-17 Request for Sign Variance, TA's Restaurant (formerly Mr. Hobo) This is a request from Thomas J. Aulwes for a variance from the sign regulations of the City Code to allow a second wall sign on the east side of the building at 2905 Kenzie Terrace. The ordinance allows one wall sign of up to 100 square feet at this location. The applicant proposes two signs of 56 square feet each for a total of 112 square feet of signage. The applicant also agrees to remove the roof sign which has been grandfathered. from the past owners. The exchange of a smaller wall sign for the removal of the roof sign is certainly a good compromise from my point of view. A variance for a second sign on a corner lot has previously been allowed and in this case, the applicant really has three street frontages. I recommend approval of the variance. • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, August 16, 1988 at 7 : 45 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from Thomas J. Aulwes for a variance from the sign regulations of the City Code to allow a 56 square foot ( 28 feet X 2 feet) on the east side of the existing restaurant at 2905 Kenzie Terrace (formerly Mr. Hobo) . The sign code allows one sign of up to .100 square feet per business. A variance is requested because the, proposed sign would be a second sign and would bring total .signage to 112 square feet. The applicant also proposes to remove the. large 8 foot X 8 foot roof sign from the building. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding. this matter may referred to the City Manager, 789-8881 . David M. Childs City Manager Bulletin: August 3 , 1988 • Or- Date: .� Fee: $25.00 • CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE 5 Applicant: x/� T. U Phone: 75; /S i-tLi.,r(- _ Address: Q� Levi r-,E- /en �c c e S7 ,a,�i1�� Status of applicant ewne , buyer, renter, agent, etc. ) : Legal description of property petitioned for variance: �P;?g�•,^�.,,� Street 'Address: Zoning district in which property is located: � ��„ �Ui�'FTV"fC:I�' (pas i Request: ' J�n „c / ��n 0A .•S,r,�F -rte - c� 1�� I �.: � t;cin� alit ccitso //�e ��;c s. �a:� s�5�� a ►� ��o, c.� ,1\ llc- i�n-�c �'N�, 5ee J Minnesota Statutes and City Ordinances require that he following conditions must be satisfied affirmatively. If the answer to a statement is Yes , please explain, using additional sheets. Yes No 1 . The granting of the variance will not be detri- mental to the public welfare or injurious to other property in the neighborhood or village; 2 . A particular hardship to the applicant would re- sult if the strict letter of the regulations are adhered to; or 3 . The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. Signature of Applicant: g • Signature of Owner ( if other than applicant) : 07 - 2� 30A * 0�d ' +v, Iliilie'l� l. I i I I Gill \� III ���� 1 I�II!I�!illlll'II. ° ji 1. rmjw� RESMUMI 224-4117 LLd o h1/o o 841 Grand Avenue SIGNS&raomwnoms $t.Paul.MN 55105 aCail. a��• I'� aa1MIMLTIF'�01• :�`a�[ie"Iti,ir!!•alew'Yi'S1�..�:1.'••'A'.Mwaa�'- r UCI P I w e -e - Tr t!x is7� Oiit '�I�IIIVINI IAYI �� I��Uj�l'I i'� •�L:'�::�:if:�i ...:Ij�.. �}#::j;:��f:�i�.i��l;j 11 ^1�' 1 f� �"�7r-t ��►, 2244117 LLB o o J10 841 Grand Avenue 61GN8 reuronnr+a $1.Paul.MN 55105 pw....it..rur.f. ��i�m f -"' Nom= 1 �J� v •J ` MAILING LIST - 2905 KENZIE TERRACE 7/88 loberhardt Roger Bona 3250 W. 66th 5236 Horizon Drive Minneapolis, MN 55440 Fridley, MN 55432 Re: 2812-27th Avenue N.E. Good Luck Cafe J.. R. Blackfelner John Jadinak 2700 Coolidge 2808 Pahl 2805-27th Avenue N:E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Lawrence Osborne Elko Perchyshyn 2900 St. Anthony Boulevard 2817 Pahl St. Anthony, MN 55418 St. Anthony, MN 55418 • August 12, 1988 • To: Members of the Planning Commission From: David M. Childs, City Manager Re: 88-19 Request from C.G. Rein Co. for a Conditional Use Permit and Sign Variance to allow the construction of a Burger King at Apache Plaza. Because Apache Plaza is within 250 feet of a residential area, a conditional use permit is required for a restaurant. The issue of hours of operation was previously handled by the City when restaurants were required to be closed from 1:00 A.M. to 6:00 A.M. . Other issues regarding traffic flow, etc. should be addressed in the Commission's review. The relevant parking, height, setback and other requirements are met by this application. The real issue is the request for a free-standing sign on Silver Lake Road. The applicant proposes 165.75 square feet of signage where only 150 square feet are allowed. They also hope to have a total of three signs including the proposed free standing sign. The fact that their setback from Silver Lake . Road is over 400 feet seems to give a good case for: vaxi�ance. The size of the freestanding sign could be reduced to--. 6 feet by 6 fee't...and reduce the total signage requested by 56 sire feet; I do not see any argument that requires the freestanding sign to • be as large as they. request. I would expect that there is solpe very comfortable middle ground that- could be found regargio' this .:issue.. • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE TO WHOM IT MAY CONCERN: Notice is hereby given that there will ' be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, August 16 , 1988 at 8: 15 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the following purpose:.. Consideration of a request from C. G. Rein Co. for conditional use approval in a "C" Commercial Zone of a free standing Burger King restaurant to be located in the north end of the Apache Plaza property at 39th and Silver Lake Road. The building formerly occupied by • Apache Sports and Health Club will be demolished and the proposed restaurant will be constructed in that location. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789 78881 . David M. Childs city Manager Bulletin: August 3 , 1988 ua Le 2$LOOP Fee: 100 . 00 CITY OF ST. ANTHONY Application for Conditional Use Permit • (other than day care center) C.G. REIN CO. 455-7100 Applicant Phone Address aaa gihlesv Memorial Highway, qt-- Paul , MN 55113-3698 Status of applicant (owner, buyer, renter, agent, etc. ) Chunar Legal description of property in question T.ntG 2, 3 9 5, Rlnnk 1 , and Outlot E, Apache Plaza Street Address 37th AvPnnp MR and Silver T.akP Road Zoning district in which property is located "r" r_-neral commPrrial Conditional use proposed RurgQr King rpstaurAnt wi th drive-up window located within 250' of a residential zone. Minnesota statutes and City ordinances require that the following conditions be satisfied before a conditional use may be authorized : Yes No• 1. The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. X 2 . The proposed conditional use will not be detrimental to the health, safety or general welfare of persons resid- ing or working in the vicinity or injurious to property values or improvements in the vicinity . X 3. The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public conveni- ence and will contribute to the general welfare of the neighborhood or community. X Explain : An existing vacant building will be removed and replaced with a new convenience food facility. (use additional sheets if necessary) ign ure 6f Apps l.,t 08 - 01 - 80A * 100 . 00 "K CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, August 16, 1988 at 8: 00 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request from C. G. Rein Co. for a variance from the sign regulations of the City Code to allow the following signs on a proposed restaurant to be located on the north end of the Apache Plaza pro- perty at 39th and Silver Lake Road. i. A 4 foot X 4 foot (16 square feet) Burger King logo to be mounted on the south side of the proposed building. 2. An 18 inch X 14 feet 6 inch (21 .75' square feet) wall sign on the east side of the proposed • building. 3 . An 8 foot X 8 foot ( 128 square feet) monument sign located adjacent to Silver Lake Road at the north entrance to Apache Plaza. Total request is for 3 signs totalling 165. 75 square feet where the sign code would allow only one sign of 150 square feet. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the City Manager, 789-8881. David M. Childs City Manager Bulletin: August 3 , 1988 Date: 7/28/88 Fee: $25 . 00 • CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: C_r;_ Rein�� Phone: 455-71 no Address: 949^ Si hl ey M mori al Highway, St Paul , MN 551 1 R-16gR Status of applicant (owner, buyer, renter, agent, etc. ) : Legal description of property petitioned for variance: rots .9, 1 A mock 1 and Outlot E, Apache P aza Street Address: 37th Ave NE and Silver Lake Road Zoning district in which property is located: °c" General Commercial Request: Monument sign for Burger King restaurant ---------------------------------------------- -------------------------� Minnesota Statutes and City Ordinances require that the following conditions must be satisfied affirmatively. If the answer to a statement is Yes , please explain, using additional sheets. Yes No 1. The granting of the variance will not be detri- X _ mental to the public welfare or injurious to other property in the neighborhood or village; 2 . A particular hardship to the applicant would re- x sult if the strict letter of the regulations are adhered to; or 3 . The conditions upon which the application for a' . x variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land-use classification. Signature of Applicant. Signature of Owner ( if other than applicant) : Ob - 01 - SoA * 25 . 00 [K • PETITION FOR SIGN VARIANCE The existing health club building is beyond repair. Code requirements make a remodeling unfeasible. A new convenience restaurant is proposed to take its place, providing a food service facility to the community and introducing much-needed landscaping into the large parking area. Because of a 450'setback from Silver Lake Road, the building signage visibility is poor. We are requesting a variance for a small monument sign along Silver Lake Road to identify the restaurant. • MAILING LIST FOR C. G. REIN (PROPOSED BURGER KING) 8/88.- Sentinel Management 5151 Edina Industrial Blvd. Hardees Apache Mobil Service Minneapolis, MN 55435 4004 Silver Lake Road 4000 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 Re: Equinox Apartments • J. T. Vargas Cadwallader Realty TCF Savings & Banking 3909 Silver Lake Road 3901 Silver Lake Road 3899 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Judy Scott Edward Micek Margaret Bevan 3911 Silver Lake Road 3912 Silver Lake Road 3915 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Elmer Dick Ruby Kallestad Ruth Holien 3917 Silver Lake Road 3919 Silver Lake Road 3921 Silver' Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Valerie Johnson Bernice Pehling Leo Donahue 3923 Silver Lake Road 3925 Silver Lake Road 3927 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. 'Anthony, MN 55421 Dale E. Siegrist Adeline Stroschein Edward Mattson • 3929 Silver Lake Road 3931 Silver Lake Road 3933 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Robert Morgan Leonard Andreasen Gladys Johnson 3935 Silver Lake Road 3937 Silver Lake Road 3939 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 1 Terry Landeen Susan Follett Howard Ekberg 3943 Silver Lake Road 4001 Silver Lake Road 4003 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Chester Krumm Iris M. Baran Robert Spano 4005 Silver Lake Road 4007 Silver Lake Road 4009 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Anton Olson . Dominic Ardito Joyce Hegstrom 4011 Silver Lake Road 4013 Silver Lake Road 4015 Silver Lake Road St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 • C=TY O F S T . ANTHONY C 2 TY C OUN C 2 L M=NUTS S .TULY 1 2 1 9 8 8 1 The meeting opened at 7: 30 P.M. with the Pledge of Allegiance led by 2 Mayor Sundland. 3 Present for roll call : Marks, Ranallo, Sundland, Enrooth, Makowske. 4 Also present: David Childs, City Manager 5 Larry Hamer, Public Works Director 6 JULY 28, 1988 COUNCIL NINMES 7 Motion by Marks, seconded by Makowske to approve with the following 8 changes: 9 Page 1 , line 19: Insert "During the discussion of the above minutes" 10 at the beginning of the sentence. 11 Page 1 , line 21 : Substitute a period for "since" and start a new 12 sentence with "The" . • 13 Page 5 , line 27: Substitute "one or" for "a" at end of line. 14 Page 5 , line 28: Substitute "two million dollars" for "million or 15 two dollars" . 16 Page 10, line 3 : Correct typo "Councilmembers" . 17 Page 10 , line 14: Substitute 1112th" for 119th" . 18 Notion carried unanimously. 19 LICENSES&ERNITS&ETITIONS 20 Motion by Marks, seconded by Enrooth to approve the multiple dwelling 21 registration and grant the following licenses as listed in the July 22 28th Council agenda packet: 23 Multiple Dwelling Registration 24 Apache Manor Limited Partnership, 3817 Macalaster Drive 25 Contractors 26 Richard Hastings Company 27 G. E. Sanders 28 Maertens-Benny Construction Company 29 Gary Jansick, dba Jansick • 1 f 1 Heating 2 All Season Comfort, Inc. • 3 Motion-carried unanimously. 4 Motion by Ranallo, seconded by Enrooth to grant a temporary 3 . 2 beer 5 and wine permit for the annual St. Charles Borromeo steak fry and 6 dance to be held in the school September 10, 1988 and a temporary 3 . 2 7 beer permit to Dan Reeves, 1202 Jefferson Street N.E. , Minneapolis, 8 for the Scalise family reunion- to be held in the Central Park 9 pavilion, Sunday, July 31st. 10 Voting on the motion: it Aye: Ranallo, Enrooth, . Sundland, Makowske. 12 Nay: Marks. 13 Motion carried. 14 ChAIMS 15 Motion by Ranallo, seconded by Marks to approve payment of all 16 accounts payable listed for June 30, 1988 in the July 12th agenda 17 packet with clarification that Check #01980 represented an insurance 18 premium paid to the League of Minnesota Trust. 19 Notion carried 20 There was a brief discussion with Mr. Hamer related to work to be .21 completed on the St. Anthony Boulevard Reconstruction Project before 22 the following payments he had recommended be made were moved: 23 Motion by Marks, seconded by Ranallo to approve payment of 24 $174 , 224. 12 to Ashbach Construction Co. for the St. Anthony Boulevard 25 project and to approve a 5% retainage to cover the cost of filling in 26 the dirt as well as withholding the cost of sodding in the fall from 27 the final payment to the contractors. 28 Motion carried unanimously. 29 Motion by Ranallo, seconded by Marks to approve payment of $64 ,806.00 30 to Collins Electric for installation of the Kenzie Terrace pedestrian 31 signal as per recommendation of Public Works Director Hamer. This 32 amount includes a $650 . 00 change order to comply with the request 33 from Hennepin County related to the provision of an additional hand 34 hole on the equipment and allows for a 5% retainage. 35 Motion carried unanimously. 36 Motion by Enrooth, seconded by Marks to - approve the payment of 37 $1 ,045.00 to Layne Minnesota for labor and equipment costs incurred 2 • 1 in connection with the modifications to Well #5. These were 2 additional costs to the $13 ,600. 00 previously paid for the angle 3 drive and 150 hp motor. 4 Motion carried unanimously. 5 Motion by Enrooth, seconded by Marks to approve the following 6 payments to Rieke-Carroll-Muller Associates for engineering services 7 through June on St. Anthony projects: 8 $3 , 215. 24 - temporary carbon filtration system; 9 $400 .00 - Kenzie Terrace pedestrian signals; 10 $1 , 080. 95 - sanitary sewer study. it Motion carried unanimously. 12 Motion by Marks, seconded by Ranallo to approve payment of $2 ,000 .00 13 to Moody's Investors Service for , professional rating services in 14 conjunction with the sale of $875,000.00 General Obligation-Revenue 15 Water System Bonds for the carbon filtration system being installed 16 on the City wells. 17 Lotion carried unanimously. 18 Motion by Ranallo, seconded by Marks to approve payment of $2,554 .66 19 to the Dorsey & Whitney law firm for legal services during May, 1988. 20 Motion carried unanimously. 21 Motion by Enrooth, seconded by Makowske to approve payment of 22 $2 ,400. 00 to the Hance & LeVahn law firm for legal services rendered 23 during July, 1988 , relative to St. Anthony prosecutions. 24 Motion carried unanimously. 25 Motion by Makowske, seconded by Marks to approve payment of $9,000.00 -26 to Stuart J. Bonniwell , CPA, for progress billing for the examination 27 of the City financial statements for the year which ended December 28 31, 1987, with $6,000 to be allocated from the General Fund and 29 $3 ,000 to be allocated from the Liquor Fund. 30 Motion carried unanimously. 31 Motion by Marks, seconded by Enrooth to approve payment of $4 ,423. 39 32 to the Briggs and Morgan law firm for legal services rendered in 33 conjunction with the 'City's law suit against the U.S. Army et al 34 .relative to St. Anthony's water contamination problems. 35 Motion carried unanimously. 36 Motion by Makowske, seconded by Enrooth to approve payment of 37 $1 , 265. 49 to Short-Elliott-Hendrickson, Inc. for engineering services 3 1 during April and May, 1988 , related to the replacement of the Foss 2 Road Sanitary Sewer lift station. 3 Notion carried unanimously. 4 RROMTED PUBLIC APPEARANCE - KEN GIRARD AND WES HENRY, ST. ANTHONY 5 LIONS 6 Pull Tab Issue Revisited 7 The Lions Club representatives indicated they were present to request 8 the Council reconsider their previous decision not to change the 9 City's Charitable Gambling Ordinance to allow the sale of pull tabs 10 in St. Anthony. Their argument was that the Council's reluctance to 11 make a selection from the many service organizations who had 12 indicated an interest in obtaining such a license might be alleviated 13 somewhat by the possibility that a group of these were considering 14 forming a coalition which would be willing to share equally in the 15 profits from such an enterprise. 16 Girard indicated his organization would be meeting with the St. 17 Anthony Chamber of Commerce President sometime within the next few 18 weeks to discuss the possibility of creating a coalition of 19 organizations interested in having pull tab operations in St. 20 Anthony. He mentioned the Sports Boosters Club as another possible 21 member. 22 The Lions Club President went on to say: 23 *the Lions Club had been in St. Anthony since 1966 and ever 24 since then had contributed as much as they could from available 25 revenues towards City causes, including those supported by some of 26 the organizations which might be joining the coalition; 27 *he personally believed it would be better for the City and 28 those organizations if each club had its own license but he was 29 willing to discuss the possibility of only the coalition applying 30 for a license if, as Mayor Sundland had previously indicated, that 31 might make pull tabs "more palatable' to the rest of the Council ; 32 *the Lions were willing to promise to donate 50% of their net 33 proceeds from pull tab sales back to the area, which would be five 34 times more than the State Charitable Gambling Law required; 35 *it is estimated that 99% of the pull tab sales in the 36 Stonehouse Bar would be made to non-residents but a good portion of 37 the proceeds would remain in the City to support St. Anthony 38 charities; 39 *he saw five likely locations for pull tab licenses - the 40 City's two bars, two bowling alleys, and the Alternative Non- 41 Alcoholic Bar; 4 1 *the legislature had recently put more restrictions on the pull • 2 tab operations; 3 *he hoped no Councilmember would base his or her vote on 4- personal opposition to gambling but rather would vote on what "could 5 be a good thing for St. Anthony. " 6 H disputed the assumption that St. Anthony couldn't restrict 7 licenses to only City organizations, citing the wording of the New 8 Brighton and Shoreview ordinances to support his contention. He 9 reminded the Council that St. Anthony was the only city in the area 10 which didn't allow pull tabs. 11 The reaction to these remarks were as follows: 12 Childs told the Lions Club representatives the City Attorney had 13 provided the Council with a detailed opinion related to the issues he 14 anticipated the City would have to dead with if the ordinance were 15 changed to allow pull tabs. 16 One of the questions Mr. Soth had raised had been whether the City 17 could constitutionally refuse licenses to not only City applicants 18 but also those from outside the City as well. In regard to writing 19 an ordinance, Mr. Childs said he would show Mr. Soth the Columbia 20 Heights and New Brighton ordinances and seek further clarification 21 regarding the discrepancies in opinion. He said he arid Mr. Soth had 0 22 previously talked about an ordinance which would limit the sale of 23 pull tabs to places which sold liquor. This was based on previous 24 conversations related to a possible Bingo operation where the 25 Council had seemed to have some concerns about the ages of the 26 persons who would be exposed to such operations. The Manager also 27 mentioned that it was his understanding that, even if the City could 28 limit the number of locations where pull tabs could be sold, there 29 might be a problem restricting the licenses for each location. 30 Sundland indicated a coalition might or might not help to change the 31 previous majority opposition to pull tabs on the Council. He said he 32 personally had no objections to pull tabs and would be willing to put 33 the ordinance change up for a Council vote either that night or 34 during a . future Council meeting after the Lions have met with the 35 Chamber of Commerce. 36 Ranallo said he had nothing against pull tabs per se but still had 37 concerns about their regulation and whether licenses to operate pull 38 tabs games could be limited to only City organizations. He also 39 reminded the proponents that there might be an adverse public 40 reaction to pull tabs once the ordinance is given its first reading. 41 He recalled that it might have been the advocating of the sale of 42 pull tabs to help out the school district which had caused the defeat 43 of one of the school board candidates in the recent election. The 44 Councilmember also pointed out that one 'of the first organizations to • 5 1 ask for a pull tab license had been the City firefighters, who 2 wanted to set up the operation in the Stonehouse Bar for the benefit 3 of their members. This would seem to indicate a difficult task for• 4 the Council to decide who would get one of a limited number of 5 licenses. 6 Marks indicated he would still never vote to allow pull tabs in St. 7 Anthony. 8 Makowske told the Lions she had "really grappled" with this issue. 9. She said she had no problems with pull tabs themselves, but was 10 beginning to believe that pull tabs and lotteries might be starting 11 to "eliminate social consciences" and people might be substituting 12 gambling for giving directly to good causes. The Councilmember 13 indicated that at the same time she was having these reservations, 14 she had to acknowledge that, as pointed out in the last 15 Northeaster, there had been more than $750,000. 00 in pull tab profits 16 which had been plowed back into the area charities. 17 $nrooth commented that he perceived the need for funding such City 18 projects as the music pavilion, the City float, or major park 19 renovations might change some Council minds, but he agreed there were 20 still legal aspects of the issue which required further 21 clarification. 22 The matter was laid over a month for a further report from the Lions 23 on their meeting with the Chamber of Commerce and for further. 24 clarifications. of the legalities involved in changing the ordinance.. 25 REPORTS 26 COUNCIL 27 Study Shows No Defect in City Water Pressure System on 32nd and 33rd 28 Avenues 29 Sundland explained that the survey of the system reported in Larry 30 Hamer's July 12th memorandum, which was distributed before the 31 meeting, had been taken at his request after he had received a call 32 from a resident on 33rd Avenue N.E. complaining that the "City 33 wasn't delivering adequate water pressure. " The complainant had said 34 it took his wife 20 minutes in the morning to fill the dishpan. 35 Mr. Hamer reported: 36 *he had surveyed the water line on which the City had installed 37 a special system of pressure boosters to raise the water pressure for 38 a small pocket of homes on that line; 39 *the line runs along 33rd Avenue N.E. to the west side of 40 Rankin Road and back along 32nd Avenue N.E. to Silver Lake Road; 6 • 1 *the Public Works Department approached nine homes regarding 2 their water pressure, seven of which have had no complaints; • 3 *his men were unable to get into the two homes where pressure 4 problems were indicated to ascertain whether the problems might be 5 -internally caused by an older water softener or heater or a loose 6 valve; 7 *indicated the basis for these suspicions was the fact that the 8 homes next door did not have pressure irregularities. 9 The Public Works Director explained further that: 10 *a pressure gauge had been installed the previous day on the 11 house at 3312 - 33rd Avenue N.E. which is one house away from 12 complainant's and after a full day of monitoring the lowest pressure 13 registered all day was 38 pounds at 9:00 P.M: ; 14 *this booster system has three individual pumps which operate 15 in sequence in response to demand for pressure; 16 *the first pump pressure goes up to 90 pounds and down to 17 approximately 65 pounds when the second pump is activated. The 18 third pump maintains a constant pressure level and is activated when 19 the second pump pressure requires; 20 *some of the two story houses on Hilldale are bound to have 21 problems on the second floor with 32 pound PSI pressure release on 22 32nd and Silver Lake Road, but if that happens, an automatic line 23 pressure valve, which connects with the regular water line system .24 opens up and that line system takes over; 25 *the survey shows that the system is working "very efficiently 26 and effectively" and in just the manner for which it was designed. 27 Most Problems Caused by Sprinkling 28 Mr. Sarver indicated the pressure is naturally going to go down all 29 over the City during sprinkling periods from 3 :00 P.M. to 11:00 P.M. 30 and the booster system in this area is no more able to keep up than 31 the elevated tower system which serves the rest of the City. The 32 only thing the City could do to prevent water pressure going down 33 while people are sprinkling would be to ban sprinkling altogether 34 which he perceives would be pretty drastic for just a few homes 35 whose problems probably aren't caused by the extra demand on the 36 system. 37 The Public Works Director said because his men had been unable to 38 get into the two homes with low pressure problems, he was going to 39 write to those homeowners to see if they wanted his department to 40 make an internal inspection to try to find what was causing their low 41 pressure. He told Councilmember Enrooth that one alternative would • 7 1 be for some homeowners to install their own pressure booster pumps 2 next to their water meters. 3 Mr. Hamer concluded his report by telling the Councilmembers his 4 department had always followed "policy of responding to any resident 5-report of trouble as soon as humanly possible, except, of course, on 6 weekends and holidays when they aren't working." 7 Childs said he personally knew the Public Works Department made a 8 practice of responding within two hours if possible, to any call they 9 received- However, they were unable to do so this time because 10 neither of the two callers who called to report a problem was willing 11 to identify themselves or an address to which a response could be 12 made. 13 Smooth said he perceived the City equipment was performing exactly 14 as it was designed and the variables were basically the consumption 15 and number of people who might use the water line at any time. He 16 viewed the problem as a temporary one which was associated with 17 increased water usage during the summer months which always resolved 18 itself come fall . 19 Sundland indicated he perceived the survey which he had requested 20 had not been a non-productive exercise, because it provided the 21 Councilmembers with information they might not have otherwise had on 22 how the system works. He said he intended to give a copy of the 23 survey to the complainant telling him the Council perceived no 24 problems to justify spending a thousand or more dollars to have ang 25 outside engineer tell them exactly the same thing. 26 Marks said he thought the Public Works Department should be commended 27 for their correct attitude of wanting to help residents who are 28 having problems. He also said he personally believed in a year like 29 this one all communities should probably be putting more restrictions 30 on sprinkling so as not to lower the aquifer any farther than 31 absolutely necessary. 32 There was wholehearted support of Mr. Hamer's recommendations on the 33 matter. Mr. Hamer's survey will be kept at City Hall for review by 34 any interested parties. 35 Makowske Issues Invitation to Attend RCLLG Picnic and Tour of Como 36 Park, July 20th 37 The Councilmember indicated she would not be able to attend the 38 Ramsey County League of Local Governments meeting on July 20th. 39 Councilmember Enrooth said he thought he could make it and would make 40 the reservation requested in the notice. 41 Enrooth Says Recycling Task Force Sees the Reuter Operation as a 42 Viable Method of Getting Rid of City's Garbage 8 • 1 The Councilmember said the St. Anthony Task Force' s tour of the 2 above the previous day had convinced them that only politics 3 prevented this private enterprise from competing with the County's 4 garbage burning plant. He suggested the other Councilmembers would 5 probably be required to educate themselves about this method before 6-they could respond to the recommendation he expected the Task Force 7 to return with, August 9th. 8 The Mayor said Commissioner Sivanich had requested he serve on the 9 County's study commission and he intended to submit, with the 10 Councilmember's consent of course, Councilmember Enrooth's name 11 instead. 12 Marks to Attend the July 14th Meeting of the Youth Service Bureau 13 Board of Directors 14 As Board President , he would be attending -the above, the 15 Councilmember indicated. 16 St Anthony to Observe "National Night Out" . August 9th 17 Mr. Childs had provided in the agenda packet a copy of the 18 Proclamation the Mayor would be signing and explained that the City 19 had missed participating last year in this crime prevention program 20 which has grown nationwide. 21 Council Action • 22 Motion by Ranallo, seconded by marks to authorize the observance of 23 '!National Night Out" in St. Anthony, August 9th.. 24 Lotion carried unanimously. 25 DEPARTMENT AND COMMITTEE REPORTS 26 Hance & LeVahn Report on Matters Conducted at Hennepin County 27 District Court. June 15 , 1988 28 arks reiterated dismay at the number of times the Judge had stayed 29 fines and sentences that day. He asked staff to see if they could 30 find any type of study which supported the effectiveness of this 31 practice. The Councilmember also questioned whether many of the 32 bench warrants resulted in arrests and whether many of those the City 33 prosecuted ever served time in jail . 34 Makowske agreed, saying she also couldn't understand why the charge 35 of marijuana possession had been dropped in one case. She was told 36 the amount of the substance found as well as the fact that lesser 37 charges were probably dropped in favor of the more serious offense 38 for which the defendant was fined $200.00. 39 June 18 . 1988 and Annual Fire Department Reports • 9 1 Marks indicated he was gratified to see Chief Entner's .comments that 2 the fibrillator machine the Department had purchased had "so far• 3 given six people a second chance at life. " 4 Makowske observed that the number of non-medicals had remained 5 constant while the medical emergencies have more than doubled. 6 Mn.rooth reiterated his perception that the "City was really operating 7 a paramedic service which occasionally fought fires. " 8 Sundland asked Mr. Childs to relay the Council's appreciation of the 9 "fine report Lee Entner had submitted. " 10 June Liquor Operation Sales Summary 11 Ordered filed with no comments. 12 St. Anthony/New Brighton June 21 , 1988 Chemical Committee Minutes 13 Sundland indicated he appreciated receiving the above report before 14 ordering it filed. 15 CITY MANAGER REPORTS 16 July 5 . 1988 Staff Meeting Notes 17 In reference to the list of topics which would be covered in the next 18 Newsletter, Makowske wondered whether an article on the new• 19 playground equipment planned for Central Park would be included. Mr. 20 Childs said he wanted to hold that story over until he had pictures 21 to be included with the story. The Manager indicated photos were 22 the latest improvements in the Newsletter and the July 15th issue 23 would be carrying a photo of the new carbon filtration plant, which 24 should be operational by the end of next week. 25 Many Officials to be Invited to Participate in City's July 26th 26 Celebration of Again Having "Clean, Drinkable Water" 27 Childs anticipated inviting the news media as well as staff and the 28 Councilmembers to participate in the 6: 00 P.M. program to precede the 29 Council meeting that evening. He indicated that even if Well #3 30 wasn't on line that night, water would be run through the carbon 31 filtration system to demonstrate how it operates. The person who 32 helped the City obtain the $150,000 Ramsey County. Community Block 33 Grant funds for the project as well as Commissioner Salverda would 34 be included in the guest list and the City Manager suggested the 35 state and federal agencies people might like to attend to find out 36 how "St. Anthony had managed to get accomplished in four months what 37 none of them had been able to do in six years. " "The Army might also 38 like to come to drink some of our clean water" , Sundland suggested. 10 • 1 Council to Meet with St . Anthony Shopping Center Owners' 2 Representative • 3 Joe DiSanto had indicated a desire to meet with the Council late in 4 the afternoon, August 1st, to get their feedback on the owners' plans 5 for the center. Sundland reiterated that he would only be interested 6 in hearing about a definite plan to upgrade the center, but agreed 7 this would be an opportunity to meet face to face with Mr. DiSanto 8 and let him know what the City thought should be done to improve the 9 center. 10 Plans and Specifications for Foss Road Lift Station Should be Ready 11 for Council Approval in August 12 Childs reported the above would be available for either the August 13 9th or 23rd Council meeting. 14 Childs Expects Request for More Funding From Northern ' Mayors 15 Association 16 The City Manager indicated the above was what he anticipated to 17 happen as part of the City's 1989 budget process. 18 NEW BUSINESS 19 Motion by Marks, seconded by Makowske to adopt the resolution which 20 authorizes execution of the joint cooperation agreement with Ramsey • 21 County regarding the C.D.B.G. program. 22 RESOLUTION 88-027 23 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER 24 TO EXECUTE THE JOINT COOPERATION AGREEMENT BETWEEN 25 THE CITY AND RAMSEY COUNTY 26 Notion carried unanimously. 27 RCM REPORT ON STORM AND SANITARY SEWER STUDIES FOR SOUTH END 28 Engineers Report Little City Can Do to Prevent Future Flooding 29 Without Requiring Disconnection of Drain Tiles from Sanitary Sewer 30 System 31 The above was the main thrust of the Rieke-Carroll-Muller Associates 32 reports which had been distributed to Councilmembers prior to the 33 meeting. 34 Dale Folen and Bob Robertson, RCM engineers, were present to answer 35 Council questions related to the slide presentation. Anne D. 36 Grassnan, 2608 Murray Avenue N.E. , was the only resident in 37 attendance to hear results of the study, particularly as it related 38 to her own street. • 11 I Storm Sewer Report - Folen 2 *the engineer's computer modeling indicates St. Anthony's storm• 3 sewer system was designed to handle the flow from a storm which has a 4 50% chance of occurring in a given year without adversely affecting 5 residential property (also referred to as ,a 2 year storm) ; 6 *the focal point of the study turned out to be the exceptions 7 on Murray and St. Anthony Boulevard where there are two or three 8 homes which catch the . overflow from low spots in the alley between 9 those streets and problems on Wilson Street N.E. where the storm 10 sewer lines have a slightly lower capacity than some of the upstream 11 and lower lines; 12 *the other more significant spot of flooding during last 13 summer's 100 or 500 year rainfall , was at the intersection of 29th 14 Avenue N.E. and Silver Lake Road which affected access but the 15 surface water didn't rise high enough to damage any homes; 16 *the general cause of surface water flooding in St. Anthony is 17 because the City has a steep rise in the northern watershed and 18 shallower slopes that don't drain water rapidly in the south; 19 *it's technically possible, but not economically feasible or 20 reasonable to try to protect communities from every type of rainfall; 21 *the City has to make economic choices based on the damage• 22 caused by surface water flooding. 23 Mr. Folen described the sizes of the pipes in various parts of the 24 City, saying the outlet for the whole City is in Highway 88 where the 25 City's storm water flows -down to the Minneapolis storm sewer conduit 26 and eventually into the Mississippi River. The constraint on that 27 outlet - prevents increasing St. Anthony's line size. He pointed out, 28 however, that if it were possible to redesign St. Anthony's system to 29 provide for a five year storm (which has a 20% chance of happening in 30 any one year) , it would cost about $2.5 million. To protect from a 31 ten year storm with a 10% chance of happening in any year, would cost 32 the City about $3 .8 million. And, even if St. Anthony residents were 33 willing to pay those costs, the Minneapolis outlet couldn't handle 34 the flow anyway. The outlet along Highway 88 is designed to accept 35 only the capacity which goes into it now and if the flow were 36 increased, it would flood the shopping centers. Bigger pipes would 37 only mean the City would be transferring the flooding down to the 38 southern sections faster. 39 Ponding in the St Anthony Center Would Require an Acre of Land and 9 40 Foot Pond Depth 41 The areas behind the homes on Silver Lake Road between 30th and 31st 42 Avenues and another east of Silver Point Park wouldn't be feasible 12 • 1 either because there's not enough land available for the first or 2 because of the low elevation of Silver Lake Road when compared to the • 3 elevation of the park. The only area large enough to accommodate a 4 240 X 240, 9 foot basin which would have to be deep enough to hold a 5 ten year storm overflow, would be in the shopping center the City is 6 trying to redevelop for housing, which the engineer estimated would 7 cost $560,000 to construct in addition to the hundreds of thousands 8 of dollars Mr. Childs had estimated the City would have to pay for 9 the land. 10 Mr. Folen commented that it didn't seem reasonable to spend a couple 11 million. dollars to prevent $4 ,000. 00 or $5,000.00 in damage to two or 12 three homes on St. Anthony Boulevard. He added that, if such a pond 13 were contemplated, a detailed topographic survey would have to be 14 taken to find out who else might be affected if the pond should flood 15 and safety of the pond .would also have to be a concern. St. Anthony 16 might also have a problem trying to sell sending the overflow 17 spillage down through the Highway 88 trunk line to Minneapolis. 18 Enlarging Wilson Street Pipes Would Also be Very Expensive 19 Mr. Folen reiterated how expensive the above would be and wondered if 20 instead the City might want to look towards flood proofing the homes 21 in the area which are the most apt to be affected by the next big 22 storm. He indicated homeowners who realize their properties might be 23 in danger could raise their garages and pour new slabs. Another 24 option might be for them to regrade their backyards to keep the water • 25 away from the house. 26 Sundland noted that these suggestions would only work if everybody 27 in the neighborhood cooperated so adjoining properties would not be 28 flooded as a result of a neighbor's property being regraded. 29 Hamer Reports on City Areas Which Had Problems Last Summer 30 The Public Works Director indicated the City had not changed the 31 drainage system that much in the area off Wilson Street where new 32 homes are replacing the Johnson Florist business which was wiped out 33 in the 1984 tornado. There is still an open system which has the 34 capacity for backing up onto the new .tennis courts. The only thing 35 different is that the new homes have been built extremely high and 36 have walkout basements which aren't as apt to be flooded. As proof, 3.7 Mr. Hamer reported that during last summer's storm, the system had 38 again backed up in that area, causing some of the siding which was 39 lying around to float down about four blocks away from the site. 40 The Public Works Director reported he perceived there were only two 41 homes in the Murray/St. Anthony Boulevard area which are 42 consistently affected by storm water flooding. However, there are 43 many more homes with backed up sanitary sewer systems. He said the 44 only way to hold the storm sewer overflow back is to have higher 45 retaining walls built. • 13 1 Mr. Hamer reported another trouble area during the July, 1987 , storm 2 had been the home on the north side of West Armour Terrace between• 3 Wilson and Silver Lake Road where for the second time in the last ten 4 years, "clean, but damaging" water had flooded the backyard and the 5 basement. He said this was a case where the sanitary sewer system 6 wasn't functioning and the system couldn't get the surface water 7 away fast enough. He indicated he perceived this was an area where a 8 sump pump was needed to get the - surface water away from the house 9 during periods when the sanitary sewer system isn't functioning. 10 Ramer told Councilmember Ranallo there are a few intersections like it the one he mentioned near 33rd and Wilson, as well as at 29th and 12 Silver Lake Road and Pahl and Wilson which are designed for retention 13 and even though there might be severe flooding -at times, the only 14 effects on residential property is to leave a ring of debris in front 15 yards. The Public Works Director added that these and the 16 intersection of 29th and Roosevelt were designed as a less expensive 17 method of retaining overflow during severe storms. 18 Folen said the 7 areas with intersection flooding do not harm -19 residential property. 20 Krs. Grassman said her home on Murray was one of the homes in that 21 area which .have been flooded many times over the 35 years she has 22 lived there. She said the first year she moved in "they were using 23 boats down the alley between Murray and St. Anthony Boulevard." 24 The homeowner insisted that the water level in that area had always• 25 been high and when the City "tampered with Wilson street as more and 26 more homes went in upstream" , those problems increased. During one 27 storm, her clothes poles had been moved a foot farther apart, she 28 reported. 29 Topological Survey Necessary Before Alley Elevations Can Be Changed 30 Ranallo agreed with Mr. Hamer that it was a matter of educating 31 homeowners on Wilson to put in check valves, sump pumps, etc. 32 Folen indicated -further topographic studies would be necessary to 33 assure no one else would be harmed if the City makes some grade 34 changes in the low spots in -the alley behind Murray and the homes on 35 St. Anthony Boulevard which are reporting problems with flooding. 36 Ranallo commented that he knew there were certainly more than two or 37 three homeowners in the City who attributed their problems to poor 38 management of storm water. He said the Council might still have a 39 hard time convincing some of those who had experienced two or three 40 feet of water in their basements last summer that it wasn't caused by 41 the City's storm sewer system rather than the infiltration from 42 residential drain tiles and the sanitary sewer system. " 14 • 1 Enrooth Perceives $18 , 000 Study Had Confirmed What City Has Been • 2 Telling Residents All Along 3 The Councilmember observed it had taken a $10,000 storm sewer study 4 and a $5 or $6,000 •sanitary sewer study to reconfirm that there is 5' really little the city can do outside of spending two or three 6 million dollars to protect a few homes from flooding during severe 7 rainfalls with the exception of pending a few more dollars to find 8 out through a topographical survey whether grading an alley might 9 alleviate some of the problems for one or two homeowners who can't 10 do anything else for themselves to solve their problems. 11 Council Action 12 Mr. Childs was requested to get a quote for the survey for 13 presentation at a future Council meeting. 14 Sanitary Sewer Study - Robertson 15 The engineer identified the Wilson Street trunk line, which runs from 16 29th Avenue N.E. to Lowry Avenue with jogs over to Kenzie Terrace and 17 down Coolidge and back to Lowry. He emphasized that any improvements 18 on this line had to be predicated on the 18 inch line at. Lowry which 19 takes the sewage to a 33 inch line into Minneapolis. 20 Mr. Robertson indicated that if the City wanted to enlarge its lines 21 in order to increase the flow into the Metropolitan feeder line it • 22 would have to get the state agency's. and Minneapolis permission to do 23 so. Conversations he had with those in charge had indicated they 24 were ready to accommodate "normal flows" but would take a harder line 25 .with cities like St. Anthony who_ have excess flows into their system 26 from surface water getting into sanitary sewer systems through 27 foundation drains. 28 Mr. Robertson warned that it would be very expensive for the City to 29 take measures like installing back water valves or sump pumps which 30 had been discussed estimating that if there were 400 homes with 31 drain tile connected to the sanitary system at $3 ,000.00 per home, it 32 would cost well over a million dollars to divorce the foundation 33 water from the sanitary sewer system. 34 The engineer agreed with Councilmember Enrooth that the City's 18 35 inch pipes would have no problem handling normal sanitary sewage 36 flow without storm water infiltration through drain tiles. He said 37 the pipes are only one quarter filled during non-rain periods and 38 cracked pipelines and manhole seepage is minor compared to what goes 39 into the system from drain tiles when it rains. 40 Mr. Robertson agreed with Councilmember Ranallo that although the 41 inability of the sanitary sewer system to function during a storm 42 with the drain tiles connected contributed somewhat to the storm 43 sewer problems in the Murray/St. Anthony Boulevard, those problems • 15 1 would not necessarily be solved by spending a million dollars to 2 disconnect the drain tiles. • 3 Twenty-four Inch Pipes Recommended When City Improves Wilson Street 4 Because of the condition of the sanitary sewer pipes along Wilson 5 south of 29th, the engineers had recommended the City replace the 18 6 inch pipes with 24 inch pipes which they estimated would cost the 7 City only $200,000.00 if the project were done in conjunction with 8 the improvement of the whole street. 9 Childs said Wilson Street would probably be the next MSA street the 10 City would be improving and although the State wouldn't pay for the 11 new sewer line, he agreed with Mr. Robertson it would be better to . 12 enlarge the pipeline in conjunction with the reconstruction than to 13 try to level out the grade. The Manager suggested the condensed 14 engineering report be published and that the Council wait to see what 15 the response is before scheduling any public hearings where neighbor 16 might be confronting neighbor about drain tiles. 17 $nrooth agreed it was essential to let the residents know the City 18 has gone to such lengths to address and try to solve their problems. 19 He said he wasn't advocating any public hearings, but thought if any 20 were to be held, it might be wise to hold them this summer during a 21 drought when memories of the storms aren't quite as intense. 22 Ranallo agreed that the engineers should prepare a condensed, easily 23 understood summary of their report which could be communicated to the • 24 residents to let them know "the City had spent over $15,000 for 25 engineering studies which only tell the Council they are really 26 powerless to do anything to correct the flooding problems which 27 follow severe rainfalls." 28 Marks suggested the article carrying the executive summary could 29 indicate the complete report was available for them to read at City 30 Hall and at the St. Anthony Library. 31 Robertson Indicates RCM Staff Member Oualified to Help City to 32 Disconnect Foundation Tiles If Council Ever Makes That Decision 33 The engineer reported Owatonna had reasonable success in getting its 34 foundation systems disconnected from its sanitary sewer system and 35 the Owatonna engineer at that time now works for RCM. He said if 36 the City ever decided to take the same action, that engineer would 37 probably be available to help the Council conduct the public 38 hearings on the issue. Before leaving the subject, Mr. Hamer pointed 39 out that the City had already taken some steps to alleviate the 40 flooding problems when it had installed sanitary sewer by-passes to 41 the Roseville system at Highcrest and to Minneapolis at St. Anthony 42 Road. 43 Council Action 16 • 1 The engineers were requested to prepare an "understandable" executive • 2 summary of their report for publication. 3 Makowske Reports Exposed Section of Steel in a Silver Point Park 4' Swing 5 Before he left the meeting, the Councilmember reported the above to 6 Mr. Hamer, indicating she had noticed .what she thought "could be 7 dangerous to children" at a point on the swing where the rubber had 8 worn off . The Public Works Director said he would check on it. 9 Council Approves $5 ,000 Payment for New Central Park Playground 10 Equipment 11 The report in the agenda packet on the above had been written by Dick 12 Buendorf , the summer administrative intern, Mr. Childs indicated. 13 Mr. Buendorf had compared the $7, 500 quote from Miracle Recreation 14 Equipment to the $12,080.00 bid from Minnesota Playground and 15 considered the -former to be the most cost effective, not only because 16 Miracle had provided a lower bid for riding toys and the digger, but 17 also because he considered their equipment to be. more durable and 18 widely used. 19 Since the Council had only budgeted $5,000.00 for playground 20 equipment this year, the City Manager recommended purchasing only 21 equipment which costs that much this year and budgeting for the • 22 remainder next year. 23 Mr. Childs indicated the report had also addressed long range plans 24 for both Central and Silver Point Parks and the Kiwanis Club had 25 promised to help with installation of the Central Park equipment. 26 Council Action 27 Motion by Ranallo, seconded by Marks to approve payment of $5,000.00 28 to Miracle Equipment for as much playground equipment for Central 29 Park as that will buy this year and to put the costs which remain up 30 for budget consideration this fall . 31 Lotion carried unanimously. 32 UNFINISHED BUSINESS 33 Motion by Ranallo, seconded by Marks to approve the third reading and 34 adopt Ordinance 1988-006. 35 ORDINANCE 1988-006 36 AN ORDINANCE RELATING TO LICENSING, EXEMPTING 37 THE CITY FROM LICENSING FEES AND REQUIREMENTS; 38 AMENDING SECTION 510:00 OF THE 1973 CODE OF ORDINANCES • 17 1 2 Notion carried unanimously.• 3 Motion by Enrooth, seconded by Marks to approve the second reading of 4 the ordinance amendment which adds "Motorcycle Sales and Accessories" 5 to the Permitted Conditional Uses in Section 9, Subdivision 3 of the 6 City Ordinance 1976-006. 7 ORDINANCE 1988-007 8 AN ORDINANCE RELATING TO ZONING; 9 AMENDING ORDINANCE 1976-0.06 10 Notion carried unanimously. 11 Motion by Marks, seconded by Makowske to approve the second reading 12 of the ordinance which amends Section 430:15 of the 1973 Code of 13 Ordinances by adding a subdivision which clarifies the description of 14 "Shopping Centers" in Subdivision 24 and renumbers Subdivisions 24- 15 30 to accommodate the addition of the definition. 16 ORDINANCE 1988-008 17 AN ORDINANCE RELATING TO LICENSES, PERMITS, AND 18 BUSINESS REGULATIONS, AMENDING. SECTION 430:00 19 OF THE 1973 CODE OF ORDINANCES 20 Notion carried +ns*+ mously.• 21 AD�TOORNl�iT 22 "Village Fest" Planned by Chamber for 1989 23 Adjournment was delayed a few minutes for a short discussion of plans 24 for a City float with the Apache Program Planner, who indicated she 25 was in attendance to observe the Council meeting for the Chamber of 26 Commerce, who had put her in charge of the float. Ms. Olsonoski told 27 the Council the Chamber of Commerce also wants to hold a "Village 28 Fest" in St. Anthony next year which would a parade at which the new 29 float could be exhibited. 30 Motion by Ranallo, seconded by Marks to adjourn the Council meeting 31 at 10:05 P.M. for the meeting of the St. Anthony Housing and 32 Redevelopment Authority which followed immediately. 33 Notion carried unanimously. 18 • 1 Respectfully submitted, 2 Helen Crowe, Secretary 3 4' Mayor 5 ATTEST: 6 .City Clerk • • 19 • C 2 TY OF S T . ANTHONY HOU S 2 N G AND REDEVELOPMENT AUTHOR=TY M 2 NUT E S ` JULY 1 2 , 1 9 8 8 1 The meeting was called to order by Chair Sundland at 10:05 P.M. 2 Present for roll call : Sundland, Vice Chair Enrooth, Secretary/ 3 Treasurer Marks, and Commissioners 4 Makowske and Ranallo. 5 Also present: David Childs, Executive Director. 6 JUNE 28, 1988 H.R.A. MINUTES 7 Motion by Ranallo, seconded by Makowske to approve with the following 8 changes: 9 Page 2 , line 39: Substitute "a" for "to" before report. 10 Page 2 , line 41: Delete "probably" between "would" and "be" . 11 Notion carried unanimously. • 12 QAINS 13 Motion by Ranallo, seconded by Enrooth to approve payment of 14 $2 , 357.50 to the Dorsey & Whitney law firm for legal services to the 15 H.R.A. during May, 1988 . 16 Notion carried unanimously. 17 NEW BUSINESS 18 Motion by Marks, seconded by Makowske to adopt the resolution which 19 includes the St. Anthony H.R.A. as a sub-recipient with the City of 20 St. Anthony of Ramsey County CDBG funds. 21 H.R.A. RESOLUTION 88-001 22 A RESOLUTION AUTHORIZING THE CHAIRMAN AND EXECUTIVE 23 DIRECTOR TO EXECUTE THE SUPPLEMENTAL AGREEMENT TO 24 COOPERATION AGREEMENT FOR THE COUNTY COMMUNITY 25 DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE 26 ST. ANTHONY HOUSING AND REDEVELOPMENT 27 AUTHORITY AND RAMSEY COUNTY 28 Notion carried unanimously. 29 Lang-Nelson Redevelopment Contract Deferred Until Next H.R.A. Meeting 30 Mr. Childs reported Paul Brewer of Lang-Nelson had called that 31 afternoon asking for the above deferment because he was unable to 32 bring a "full package" to the meeting that evening and he perceived 1 1 it would. be better for all concerned if the H.R.A.. had all the 2 necessary documents before them for approval . 3 The Executive Director indicated Mr. Brewer had assured him that* 4 Lang-Nelson had agreed to all the terms and conditions in the revised 5' Development Contract in the H.R.a. agenda packet but the lending 6 agency has a few more things they want to talk to the developers 7 about before signing an agreement to finance the project. Mr. Brewer 8 told Mr. Childs the project was still "very much alive" and he was 9 certain it wouldn't be long before the developers would be entering 10 into the agreement to construct the third phase of the Kenzie Terrace 11 Redevelopment Project. The Executive Director said he perceived the 12 delay was more a matter of moving at the bank in question's speed 13 than either the City's or Lang-Nelson's. 14 H.R.A. Review of Preliminary Draft of Evergreen Townhouses Tax 15 Increment Plan 16 The H.R.A. members had been provided copies of Mr. Krier's memorandum 17 on the above as well as the Tax Increment Financing Plan. Mr. Krier 18 was concerned about a glitch in the 1988 tax increment law regarding 19 mill rates, however, the Executive Director indicated he had since 20 learned that the Minnesota League of Cities had gotten an opinion 21 from the Attorney General which appeared to indicate that the 22 counties should ignore the problem as it will be corrected in the 23 next session. Mr. Childs indicated he was therefore recommending the 24 H.R.A. schedule a public hearing on the Plan for August 23rd. The 25 draft Plan will be referred to the county, school district and City 26 Planning Commission for comment and the City for final action. 27 H.R.A. Action 28 Motion by Marks, seconded by Enrooth to acknowledge receipt of the 29 Preliminary Draft of the Tax Increment Plan for Evergreen Townhouses 30 and to schedule a public hearing on the Plan during the H.R.A. August 31 23 , 1988 meeting, as recommended by the -Executive Director. 32 Lotion carried unanimously. 33 ADL7OURr1�IENT 34 Motion by Ranallo, seconded by Marks to adjourn the St. Anthony 35 Housing and Redevelopment Authority meeting at 10: 25 P.M. 36 Motion carried unanimously. 37 Respectfully submitted, 38 Helen Crowe, Secretary 39 :cjk 2