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HomeMy WebLinkAboutCC PACKET 12101991 k; i 1 { Meeting Sheet 1111 11111 1111 1111 Ills 1 103049 Er:. � Er; r Box: 30 Folder: CC�PACKETS 1990-1994 Documenth ,CC PACKET 12101991 NE,i R { I`• � pf , i"r I�•I�} { Invoice 258693 DORSEY & WHITNEY 1 P.wr+r.nI 191v It' 1'rrl1'­11111.L CAIN—T-1I P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 (612) 340-2600 (T.. Idenn(it.lion No. 41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Attn: Mr. Thomas D. Burt November 30, 1991 3301 Silver Lake Road Minneapolis MN 55418 For Legal Services Rendered Through 10/31/91 Attend October 8, 1991 Council Meeting 115.00 Attend October 22, 1991 Council Meeting 195.50 Matters regarding Fence Variance 135.00 Moratorium Ordinances 325.00 Storm water drainage project, including research regarding condemnation of eemetary land 145.50 Silver Lake-later Quality 25.00 Water Treatment Facility 65.00 Foss Road Patio Homes 135.00 Matters regarding Nativity Lutheran Church and Bus Shelter 135.50 Matters regarding Pirino Lawsuit 195.50 Amendment of Front Setback Ordinances 160.00 WRS/615 In addition to direct costs and out-of-pocket expenditures,service charges may include indirect costs. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT ( DORSEY & WHITNEY P.O. 13OX 1680 MINNEAPOLIS. MINNESOTA 55480-1680 (612) 340-2600 (T— fd—tifi-ti—No. 41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Attn: Mr. Thomas D. Burt November 30, 1991 3301 Silver Lake Road Minneapolis MN 55418 Page 2 Matters regarding Restaurant Parking Requirements 55.00 Multiple Dwelling issues 60.00 Review agenda materials and minutes; discussions with City Manager 190.00 Total For Services $1,937.00 Plus Disbursements Per Attached 10.80 Total This Statement $1,947.80 In addition to direct costs and out-of-pocket expenditures,service charges may include indirect costs. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT DORSEY WHITNEY A P..........I., co---- P.O. BOX 1680 ;\11NNEAPOLIS, MINNESOTA 55480-1.680 (612) 340-2600 (Tax Identification No. 41-0223777) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony Attn: Mr. Thomas D. Burt November 30, 1991 3301 Silver Lake Road Minneapolis MM 55418 Page 3 Disbursements and Service Charges Reproduction Charge 10.80 Disbursements and Service Charges Total $10.80 In addition to direct costs and out-of-pocket expenditures,service charges may include indirect costs. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT H.R.A. IMMEDIATELY FOLLOWING REGULAR COUNCIL MEETING. J CITY OF ST. ANTHONY J CITY COUNCIL AGENDA • DECEMBER 10, 1991 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF DECEMBER 10, 1991 COUNCIL AGENDA. IV. APPROVAL OF NOVEMBER 26, 1991 COUNCIL MINUTES. V. LICENSES/PERMITS/PETITIONS. VI. PRESENTATION OF CLAIMS. A. HANCE & LEVAHN - $2,400.00. B. VERIFIED. VII. REPORTS. A. PLANNING COMMISSION - NOVEMBER 19, 1991 MEETING. 1. J. C. PENNEY'S, APACHE PLAZA, SIGN VARIANCE. 2. STOP-N-SHOP SUPERETTE FOR 3813 STINSON BOULEVARD, COMPREHENSIVE SIGN PLAN. B. COUNCIL. C. CITY MANAGER. 1. BARR ENGINEERING, RE: ADDITIONAL COSTS FOR DISTRICT 6 DRAINAGE. 2. DECEMBER 24TH COUNCIL MEETING CHANGE. VIII. PUBLIC HEARING - NONE. IX. NEW BUSINESS. A. RESOLUTION 91-051, RE: REPEAL OF PRESIDENTIAL PRIMARY. B. RESOLUTION 91-052, RE: TRAFFIC SIGNAL AT 37TH AND STINSON BOULEVARD. C. RESOLUTION 91-053, RE: CITY MANAGER'S 1992 SALARY. X. UNFINISHED BUSINESS. XI. ADJOURNMENT. CITY OF ST . C, NOVEM-13ER 6 7 'D E R/P�=GE T 01 AT,L G i"N"C 7 CALL L TO OR . 9 10 The Council t i ng was ca I I ed to order at 7 : 30 p.m. and 1 i the Pledge of Allegiance was led by Mayor Ranallo. 12 14 2 . ' ROLL CALL 15 16 Council Present : Mayor Ranallo, Councilmembers II/larks , 17 Fleming and Wagner . Councilmember Enrooth arrived at the 13 Council Meeting at 7 : 45 p .m. 19 20 Staff Present : City Manager Burt , Management Assistant 21 Urbia, Finance Director Larson , Police Chief Engstrom, 22 Fire Chief Johnson and Public Works Director Hamer . 23 Planning Conunissioner Faust was also in attendance . 24 25 Mayor Ranallo requested anyone present who wished -to 26 address the Council or an issue to step to the speaker ' s 0 7 podium and be recognized by the Chair . He noted that at 8 previous Council meetings members of the audience had 29 spoken from the floor . This practice was disruptive for 30 all in attendance and made it difficult for recording the 31 proceedings of the meeting. This request would be in 32 compliance with Robert ' s Rules of Order . 34 35 3 . APPROVAL OF :NOVEMBER 26 , 1991 COUNCIL AGENDA 3 o the t 37 A request had been made to make an appointment L 3S Solid Waste Advisory Committee for Hennepin County. This 39 agenda item was added to the New Susin.ess portion of the 40 agenda . A2 by Marrs , second by to approve tllne a::_fa_nda el o t .L 43 for the Noveinber 26 , 1991 Council Meeting as prasente,A A 4 1 'T-2 --jith one addill- icn to Ne,-j 311sil-less . 45 4 6 47 X,o t c,n c a r r-L g ]'I a'.I 111.11 C.UG 0 51 4 . •!F,,DVAL (7.F 1991 3 dot i lb v X a Z tiJ r 's 0.0-c- n 0, g t0 r IJji t CiC illlt 0 54 Of ile C,V e; �i r 12 , 197 • C II I.C i I 'Y'a C-t n a n e v?C h._L VL.Ji 1?v l7 T%10VEMBER /ti 199i 6 following correction : 7 3 page 4 , line 22 : Add to the end of the sentence attend g the Novemter 14th meeting. " lu 11 Motion carried unanimously 12 13 14 5 . LICENSES/PERMITS/PETITIONS 1J 16 Contractor ' s License 17 13 Motion by Wagner, second by Marks to approve the 19 contractor ' s license for Bill Merrill Masonry, Inc . of 20 Silver Lake, Minnesota 21 22 23 Motion carried unanimously 24 25 Motor Vehicle Startinci License Motion by Wagner , second by Marks to approve the motor *8j vehicle starting license for Sroga ' s Automotive of the 29 City of St . Anthony, Minnesota 30 31 32 Motion carried unanimously 33 34 3 . 2 Beer On Sale Retail License 35 36 This license request was made on behalf of Sheik ' s 37 Garden , Inc . , a new restaurant located at Apache Plaza 33 Shopping Center . 39 40 ,lotion by Wagner, second by Marks to approve the 3 . 2 Ee_r 41 Cn Sale Retail license for Sheik ' s Garden Restaurant at 42 Apache Plaza Shopping Center . 4 3 -4 4 5 ,✓ t' inn carried u:�animo,,. ; iy ,�� _....--------.._._-... - - z6 7 -!J � ? 2Fti ENTA 7I(D, t,F CLAIMS �G r i A. [Sraun inter tech Or3) by Narks , sec Glli by Flc::;iing 54 .�aynzent i,1 tite amount of $3 , 576 . 00 to B_a-,in 2 :7 E T AB C(DUN I L :'.=__ I ICC ^fit 26 199 T J r'AC; 4 5 6 Intertech Pavement , Inc . for pavement management and 7 program installation . 3 9 lotion carried unanir_o.isi__ i0 it B . Verified Clal: l,,s 12 13 ` 2'ioticn by 'arks , second by Yleming to .:'prove 14 pay. ,ent of the six rages of verified claims as 15 submitt-ed by the Finance Director . 16 17 Notion carried unanimously 18 19 20 Award Bid for Highcrest Storm Sewer Outlet 21 22 Dana Gauthier , an engineer representing Barr Engineering, 23 advised the Council that there were eight bids received 24 for this project . The bid opening was on November 25 , 25 1991 . Copies of the bids received were distributed to the 6 Councilmembers . 407 23 Gauthier stated that this is a labor intensive project 29 and felt this was reflected in the bid spread which 30 ranged from $43 , 040 . 00 to $31 , 950 . 00 . 31 32 Barr Engineering had reviewed the bids and recommended 33 the bid be awarded to the low, reponsible bidder, F. F. 34 Jedlecki Company . Gauthier advised that the proposal 35 submitted by this f i rm had been reviewed and found to be 36 in proper order . He also stated that on,a of its 37 references had been contacted and a satisfactory 38 statement was made by that reference . 39 40 The City ;`ia7aCe�_ noted that, t11S ?irOje-'- i:aQ i=��+ - 41 He felt t.ie Lrol-Do al of the lo'.. bidder was with what the Counci 1 an3 s taf ;1a'3 c l.,S: .:Sr�l7 43 appropriate costs for t',-,.e pro.je'_t . z� tt _ 45 i'lotloll b;+ 1':a.�. s , Fg l'•I�i:�1 �•• ' }1-' gar]:�I 46 the Hicncrest Szoria r'�41r t_:ut }ct .i1.0 G-C:t _'J tE':', Jedlecki cc..,--pd11y 1:, t:le airiouni. Vi •r`t x , '.,40 03 . n 40 Y ] ,•.'J� •"' ::_ _ a ?' iii:ri ill _. U, �0 i 1 I�BL' A. 1992 Levy 54 R713*1-11- A,� CIO"Nc , - 7 7 A Zn 4 Mayor Rarialllc) Dpene'd 6 budget and tax levy at 7 : 40 p -m- 7 The !illayor advised tLIF.at all, of City ° s manajement- staff and department heads were in attendiance at tllna Publzic 10 Hearing to answer or respond to cGDncerns -:)-f 11 residents regarding proposed budget it ms . .12 13 ::'Mayor anallo stated that this budget was reviewed about 14 a month ago at a Council meeting with the purpose of i5 getting input from residents . Approximately eight to ten 16 residents attended . This opsn forum was held so there 17 would be enough time to include any input or suggestions is into the proposed budget . The Mayor noted that this 19 budget has to be approved by December 4th. With this 20 short deadline, tonight ' s meeting would not have afforded 21 time for inclusion of an-y budget changes that may have 22 been considered . 23 24 It was stated, that the budget which will be presented at 25 tonight ' s meeting, 'has not been modified since the i6 previous meeting. 28 29 The City Manager referred to the notification of the 30 proposed budget published in the Minneapolis Star Tribune 31 and in -Lj-,e St . Anthony Bulletin which complied with the 32 publication mandates of the Truth in Taxation 33 requirements . 34 35 He stated that the City Council decided not to levy to 36 the maximum allowable amount but reduced the budget by 37 $20 , 000 . in taxes payable 1991 the City received ti-ienty- 3 3 one cents of each tax dollar a,.-.d for taxes payable 1992 39 the City will receive nineteen cents of each tax dollar . il 0 41- In 1991 t':-,e g D v er.me:;t aids f D r St . An"h;-,n y were 42 relaiuc ad S 7 5 G 0 0 z J n 19;2 that r educ t i on is ex ec ed t;D LL r v j :: J r )r c pe r t value of their 46 i n c e a t d *-,,--- 47 Al so z 1)e State ha s h a Il 9 e t was i n r e a d lie �a - 3 011 t i t ics . Th-,� C: ty Manager advisr---' d r c.,,-,- a r half t ZA 1- e p,--i' into c.- I n I y n t d e d t t F.0 coul i ,�L ,,,a S 71- F o es t 6 d, that e t') a 17�P r---a V i ;--- in -i rE z a i 11 i ng tai : 111e;! f o r Sato t t t a:.: J4 111 t Y w:15 C)1- i Ci n F.- ly t d e d NG TQ(i�JLi! _P 2n , 1. 4 6 local gc,vernment aid and It has never 1".+een used for that 7 purpose . Council directed staff to transfa_- 1 i::-;uo_- $ pro'fit- tc:, the General r'-nd to IT:ake t:U _`-- the 1655 of 9 local gc•vernment aids . 10 ii A resident iliquired what the le'✓y limit for the City iS 12 He was advised that it is $ 1 , 598 , 684 less HACA, state Aid 1 3 and :� scvl Disparities . The City of Wit . r.nt'':c•�ly is t ?e 14 only municipality in Hennepin County that is seeing a 15 reduction in taxes . 16 == 17 Early in the year the City :tanager and staff decreased 18 the budget by $100, 000 in anticipation of the loss of 19 state aid. This was done without any decrease in 20 staffing. 21 22 Using an overhead chart , the City I•fanager reviewed the 23 sources of revenue for the City. They are taxes , 24 licenses , permits , intergovernmental relations and a few 25 other miscellaneous sources . The expenses for the City are as follows : 28 29 Mayor and Council , which has increased 1 . 40 . This small 30 increase reflects salary increases . 31 32 Public Intergovernmental Relations fund has increased 7% . 33 This fund covers insurance and lobbying organizations 34 such as League of Minnesota Cities and Association of 35 I,etropo1itan Municipalities . It was noted that a 36 considerable amount of money is saved 'by tle City ' s 37 participation in the LMC ' s Insurance Trust . 33 39 The City Manager ' s budget did not increase . 40 41 -lecti,.ns budget increased S'5 , 600 - This ir areas° 42 with the :i13i1?teI7dI7•'Z of •3lect ion inach.- nes and the co,- - = 43 for ti:a F're-—ritial Frilr:ary , t,hich will ',e slaw 44 5 ns,- �s _ inr increased ^550 . 1.0 wi-;ici, i for _ 6 ail iust;ientS . 47 43 111CiE no anticipated liJr but C::--11 increa e s 'o" :7�I c s 50 ✓'•<&Jat i'. ILCI:l 1 tit: ;1 b . , 000 f:.,r C i v i 1 a f . i 5 _ � . 54 z.=G'�i :1��:SCI ,''-- _ .. 6 Funding for City Building is down $18 , 000 . g The iol i �e Department b dg-et iic�ease ��� ��� , 3 o 04' this 1nC1 E35e- 15 IGr a J 112o salary d3]LSta:c;it T;11S 10 depart. " ,r intensive and accounts fc•_ t;:� ,..el"; � 1 S 1 a.;:, it increase . 12 13 ''The mayor noted that tw*o senior officers "lave rat :rya 14 from the Police Department who had been receiving higher 15 salaries than the two new officers who have joined t�,e 16 force . 17 18 Burt stated that the St . Paul Police Department and the 19 Ramsey County Sheriff ' s Department had approached St . 20 Anthony regarding consolidating the City ' s Police 21 Department with theirs . while consolidation in other 22 areas has been very beneficial the City Manager fe'_ t this 23 arrangement would experience much higher rates for 24 salaries and administration and receive less service . 25 26 The Fire Department budget is up $3 , 000 . This is for the 07 City ' s share of the Haz Mat machine. This machine is 3 shared and funded by five cities . 29 30 The increase in the Building inspections is $5 0 . 00 for 31 salary adjustments . 32 33 There is no increase in the funding for animal control . 34 The City Manager stated that there has been a decrease in 35 the activity of this operation i.n the last t:xro years . 36 37 There is a decrease of ..3 , 000 . 00 in the Public 'orks 39 Department budget . The department is still s:port two 39 employees . There is a low "per capita" cost fcr = ^alic 0 Works services . 1 42 Puullc Works' Del.artment- 'maintenance re:pai-f has aCr:c: 4 .3 $.4 , C00 . 00 . '=5 Tree- and weCd care has lncr-m:itied ~ 1 10..0- l_ .. 6 i�1:dr`l;il@nt has decrr3a -_d l r'j0 . Oil . 47 T',-,ere ere •,e ';Q ' tie tions for City ity Y City Couilcl i no r In attel;danc? a- f 50 his bi;:3cet presentat ; orl . 51 L S4 1 REGULAR COU'dCIL N=ETII;G 2 � TING I�OVEIiEER G 3 PAGE 7 i 5 lotion carried unanimously 6 7 The Mayor thanked the department heads and staff for their 8 efficient work on the budget . He stated that the City Council 9 had requested them to spend significant time on the budget to 10 reduce it . 11 12 Adoption of Resolution No . 91-050 13 14 Motion by Marks , second by Wagner to adopt Resolution :NTo . 91- 15 050 which is a resolution certifying the City of St . Anthony ' s 16 tax levy and 1992 budget in compliance with Truth in Taxation . 17 18 Motion carried unanimously 19 20 21 Close of Public Hearing 22 23 Motion by Marks , second by Enrooth to close the public hearing 24 at 8 : 40 p .m. 25 26 187 8 B. Proposed Amendment to. Front Yard Setback Requirements 29 30 Mayor Ranallo opened the Public Hearing at 8 : 45 p.m. 31 32 That portion of the City' s ordinances which addresses front 33 yard setback requirements was challenged in court and the City 34 lost the case . The City Attorney felt this portion of the 35 ordinance was always open for interpretation and suggested it 36 be amended so it is more clearly defined . 37 38 Motion by Marks , second by Wagner to approve the amendments of 39 Ordinance No . 1991-008 which is an ordinance pertaining to 40 front yard setback requirements ; amending Section 4 . sod. 5 , 41 paragraph 5 ; Section 4A, subd . 5 , paragraph 5 , section 5 , 42 subd . S . paragraph 5 ; and section 6 , subd . 5, paragraph 5 ; of 43 Appendix I ( Zoning) of the 1973 Code of Ordinances to clarify 44 tine .:eaning of such paragral:hs and to waive the two readings . 45 46 ,'•,ot_ion carried unanimously 48 49 8 . REPORTS 51 A. Council 03 Report of May F�:nal_l.o 4 _he �,ayor attended a meeting hosted L-y the Army at the .EGuLAR CCL:dCI:. :��_�_:. NOVEMBER 26 , 1391 r.^.GE 8 4 Y 5 6 Irondale Middle School to discuss the filtration system. 7 Representatives cf the Army felt a " tremendous" job was 3 done Ly themselves , MFCA and EPA resolvi::g t11%e pro'Llems 9 with the s,Ystera. Mayor Rar.allo disagreed. 1G i l The Mayor observed that it took St . Anthony e even years 12 and a lawsuit to get the filtration system and noted that 13 `;there was no cooperation during this time on the part of 14 the Army or any other entities . He also stated that the 15 Army had to install the system and it still isn ' t what is 16 required. It is too small and the building which houses 17 it is in need of repair . It has not yet been accented by 18 the City of St . Anthony . 19 20 Congressman Martin Sabo had been very instrumental in 21 getting approval of the $213 , 000 necessary for the extra 22 pump. It was noted .that although the approval has been 23 given no one had indicated when these funds will be 24 forthcoming. The Mayor expressed concern that under 25 certain circumstances the City still does not have enough „26 water to sprinkle in the summer nor fight a fire. The whole project was two years behind schedule. 29 The City Manager advised he had received a letter today 30 stating that the funds are anticipated in a few days . He 31 noted that the Army will be requested to repay the 32 Superfund if that is the source of the funding coming to 33 the City. He also observed that the lawsuit was settled 34 with the understanding that a granular system would not 35 be needed by ten years but at the rate it is progressing 36 this may change to twenty-five years . 37 3S The City Manager said that the groundwate_- contamination 39 plume is moving toward Minneapolis and the Mississirpi 40 River . Forced air wells were not ;wilt and t :e 1 contar,ina= io,i before treatment is increasing. Car^on 42 change needs are a! so increasing a;:d the State w_ ' _ 43 to pay for these carbon filter ch=anges . 4 45 Mayor ic:nalto chaired, the Feder31 Legislaticn 46 fOr the 1,ea _Ue of '11nneSOtc. C tiE-S . prCS�)1 e�' tii_. 47 policies of the Corinittee at the League ' s Ann-,-Lal Po 43 AdCptio:7 Meeting on NovelrIer 21st . All of the 9 p ..ol icit were adopted by the ir,E;,11— whip . c� ral A f'.;:draising letter was reCCi•vecl ;:;' tiie Health G!:•. . In the letter the e,;perience of a attack victim was referred to . The let ter StateC, ti":aa _ 5; personnel fra_,m Health One had save-d the victim' s 1 . fe REGULAR � Ji\Cl11 ;�_..li.:v S r r'".G E 9 4 5 6 when she 'Lei ! i l l at Apache Plaza wl-:ere she was employed . 7 The Mayor felt this was incorrect as she was attended by 8 emergency perso-nnel from tie City of St . Anthony . Cit, 9 staff saved her , hospital staff took care of her • she 10 City Vlanager will reviaw the report on record . 11 12 The Mayor advised t;ie Councilmembers that at the first 13 1tJounci1 meeting in January some decisions must be made 14 `regarding appointments , banking facilities for the City, 15 official newspaper designation , Mayor Pro-tem selection, 16 etc . He requested all members of the Council to give each 17 of these decisions some consideration. 18 19 About 400 people attended the Paul Todd Show which was a 20 fundraiser for the City' s D.A.R. E. Program. The Mayor 21 observed that very few residents of the City were in 22 attendance at the concert . 23 24 Donations were received from the St . Anthony Kiwanis , 25 Tri-City American Legion, the Eagles Club, Chandler 6 Place, Firstar St . Anthnony Bank , St . Anthony Chamber of Commerce, the Lions Club and the Sports Boosters . 8 29 Staff and members of the City Council sold a significant 30 number of tickets as did Students Against Drunk Driving. 31 The Mayor felt for a first-time fundraising experience 32 for the City it was very successful . 33 34 Report of Councilmember Wagner 35 36 On November 14th Councilmember Wagner attended a panel 37 discussion of the Municipal Trust Fund . This fund was tc 38 receive its funding from the a d d i t i o n a I h _ f pe--cent 39 sales tax approved by m,etr,_oolitan counties . 40 41 On tl;e panes-I :•1as Represe:',ative A: d,' :fills , a 4? representative of the Legislative Audito"_ ' s Of` :ce, stare 43 Treasurer ' s office , Dell S I a t e LM Execut -1 i'_ t 0 2: 44 and Dorotl",y M--Clung . zCl Counci !l.,ember j\d�'li?i _ the Panel ,:aL Very 47 their co.mdiien-ts and observatic-In-s regardina the Tr'us- r>>:!'A 48 It was stated it may be a very it ::cg ti;,,e = a 49 distribution policy is &_-VeIcq_« d the Lea fs ? at`:re !",aS D0 taken no act ion yet . So:,;e cities ale ..j:�r:•. r;,_ r, a 51 distributic;n prrl-grc.m but coanti =s have tdr:rl'1 ;iC Funds are to 1--e received by cities 403 54 REGULAR CGUhC.L NOVEMBER 26 , 199 PAGE 10 4 5 6 Report of Councilmember Fleming 7 g Councilme-inber Fleming had -nothing to report at this time . 7 10 Report of co*,.I,,,,:iImem- ber Varks 11 12 Council,,:G;rl;er '.`arks attended a Sister Cities meeting _n 13 f',-olumbia Heights . The Sister City of Columbia Heights is 14 Lomianki , Poland . He noted a resident was at the meeting 15 who had travelled to Lomianki and had many interesting 100 comments to make regarding his experiences . Councilmember 17 Marks also gave some information about the recent trip of 18 the St . Anthony Orchestra to Salo , Finland. 19 20 Councilmember Marks stated he felt Mayor Ranallo did an 21 excellent job as Master of Ceremonies at the D.A.R. E. 22 concert . 23 24 Report of Councilmember Enrooth 25 26 On November 25th, Councilmember Enrooth attended a meeting of the Village Fest Coiramittee. The Thoreson ' s 3 resigned as Chairpersons of the Village Fest . 29 30 Alternatives were discussed for leadership but no 31 conclusions were reached. A meeting is scheduled for 32 December 19th where direction of the Village Fest will be 33 discussed as will the . future of this community 34 celebration . 35 36 Councilmember Enrooth observed that a core group of 37 leaders is necessary for the celebration to continue and 38 a Chairperson is definitely required . He noted that the 39 Treasurer gave a report stating that tY:ere funds 4G remaining . Mayor Ranal to eNpressed his hope t at the 1 Vi 1 ii ge Fest W i _ cc.nt inue and grow. 42 43 B. Re1)(Drt !_.f the Cit,. Manager 45 The City Xanager - ei,,inded tY:e C,D.!r,ci1 of a CCU nci : Work 46 session on, ti-:e first Tuesday in 47 43 The City ;Janace— d 49 received f� .)i Gta't, iiic . Th is mnata_ laI addresses a wotf 50 prograL', d;";d CGs`_ proposal for site planning, Str�?L �Cap� 71 l�e$ il:il rjil�.i d ].l:ter lai'ninl_1 fc.r t !e CJ- 4D Ct �.ilt 11': L Ye :J t(� ��l' 1if� .:•] 1 Je 'l(�,=tell Bl;i a _•J!!.7'.l l``CI iItS CiJ •.VI••.� 1� r the work ,:;:ii-i he c=one: 5' r,EGULAt( lJC)U:'',C I i �E i I NG 2. 1 y; J PA':E 11 4 5 6 Mayor Rana llo requested the Task Force be called 7 together , with the City Manager presiding, to present 3 this proposal and to get input and feedback from Task g Force me Ibers . 10 11 The City Manager stated he would present the miaterial 12 from BRW and inquire if this is what the Task Force had 13 .intended so he could explain the "vision" of the Task 14 Force to -BRW. 15 16 9 . NEW BUSINESS 17 13 Appointment to Solid Waste Advisory Committee 19 20 A request had been received from Hennepin County 21 Commissioner Makowske for the City Council to nominate 22 someone to the Solid waste Advisory Committee. 23 Councilmember Enrooth had been serving on this Committee 24 for some time . 25 . 96 Motion by Marks , second by Fleming to recommend Dick Enrooth to serve on the Hennepin County Solid Waste Advisory Committee . 29 30 Motion carried unanimously 31 32 Councilmember Enrooth stated that presently the Committee 33 is trying to define a basic policy on reimbursements to 34 municipalities in Hennepin County for recycling costs and 35 how to not have that rebating system eliminated. He said 36 that $11 . 00 of the $95 . 00 is used to cover the tipping 37 costs . 33 39 Mayor Ranallo requested that information received from 40 the Committee meetings be reported back to to City ' s 41 Recycl ing Cori nittee and to t :e Counci l . He fees th,-- z I 42 a need to keen the Council inforr,•:ed on all of t;,ese 43 activities . 44 45 10 . UNFINISHED B1 SINESS 47 All of the unfinished business was completed earlier in 43 the meeting . 49 50 1 11 . ADJ0URI11%EI.1T M=otion by MMarks , second by -nrooth to adjourn the :iin 54 at 9 : 17 p .m. REGULAR COUNCIL MEETING NOVEMBER 26 , 1991 PAGE 12 4 7 6 Motion carried unanimously 7 8 9 10 Respectfully submitted , 11 12 13 Jo-An=e Student , Council Secretary 14 15 16 17 18 19 Mayor Clarence Ranallo 20 21 22 23 ATTEST: 24 City Clerk 25 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - 4 45 i n thou ilia I I I DATE: December 2, 1991 APPROVAL: I ITO: Mayor and Councilmembers � I I I FROM: Judy Monson, License Clerk I (ITEM: LICENSE/PERMITS FOR COUNCIL APPROVAL: I I , Contractors License: I I Minnesota Rusco, Inc. ,- Edina, MN I I _ 1 I Service Station License: I I I I Stop 'N' Shop, 3813 ,Stinson Boulevard I I Cigarette License - Retail : I I I Stop '.N' Shop, 3813 Stinson Boulevard I I I I 3. 2 Beer "Off Sale" : I I Stop 'N' Shop, 3813 Stinson Boulevard I I I I I I � I I I I I I I I I I I I I I I I I i I I I I • I I I i LAWOFFIGES STATEMENT OF ACCOUNT HANCE & LEVAHN �AINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE: November 22, 19 91 2401 LOWRY AVENUE NORTHEAST MINNEAPOLIS,MINNESOTA 55018 Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS City of St. Anthony PORTION WITH YOUR REMITTANCE. 3301 Silver Lake Road St. Anthony, MN 55418 (M) a AMOUNT REMITTED $ RE: Village Prosecutions DATE DESCRIPTION • $ 0.00 PAYMENTS CREDITS & ACCOUNT ADJUSTMENTS ® UNPAID PREVIOUS BALANCE FINANCE CHARGE PROFESSIONAL SERVICES 21400.00 Legal services rendered for the month of November, 1991, relative to St. Anthony prosecutions. CURRENT FEES ' $ 2 .4 0.00 MINIMUM PAYMENT DUE $ • Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than $1.00,with a minimum FINANCE CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for that billing cycle was not paid in full within 30 days. NOTICE: See reverse side for important information. HANCE & LEVAHN FINANCIAL SYSTEM ST. ANTHONY VILLAGE 12/04/91 12:47 Check Register -GL540R-VO4 .08 PAGE I BA14K VENDOR CHECK# DATE AMOUNT LIAR LIQUOR CHECKING ACCOUNT 004068 CHESLER/HARVEY 17818 11/30/91 150.00 004'iO-6----'ffR-NI.L-'S-.-TRA-NSFER 17819 11/30/91 1 ,461 .00 004410 FIRSTAR ST ANTHONY BANK 17820 11/30/91 15,000.00 004411 FIRSTAR ST ANTHONY BANK 17821 11/30/91 5,000.00 004388 7----kif-E"Vfft/DAN 17822 11/30/91 75.00 004221 KASSULKER/REINE 17823 11/30/91 120.00 004392 RICHARDS/JOHN 17824 11/30/91 80.00 0-0001 PAT BAKER 17825 11/30/91 170.40 004120 EAGLE WINE CO 17826 11/30/91 168.33 004410 FIRSTAR ST ANTHONY BANK 17828 11/30/91 20.000-00 004311 FIRST BANK 17829 11/30/91 2,252.03 004175 GRIGGS COOPER & CO INC 17830 11/30/91 24,253.53 004220 JOHNSON WINE CO 17831 11/30/91 2,589.49 004221 KASSULKER'/REINE 17832 11/30/91 120.00 004225 KRAFT FOODSERVICE 17833 11/30/91 684.05 004261 MANNINGS 111 17834 11/30/91 309.06 004272 METZ BAKING CO 17835 11/30/91 78. 10 004360 PHILLIPS AND SONS COMPAN 17836 11/30/91 4,203.03 .. 004376 PRIOR WINE CO 17837 11/30/91 261 .01 004385 QUALITY WINE CO 17838 11/30/91 1 ,538.55 004388 REEVES/DAN 17839 11/30/91 75.00 004392 RICHARDS/JOHN 17840 11/30/91 80.00 004404 ST. A. LIQUOR #2 PC 17841 11/30/91 134.69 004242 JOHNSON/LINWOOD 17842 11/30/91 600.00 004100 COMMISSIONER OF REVENUE 17843 11/30/91 28,583. 16 004039 BONNIWELL/STUART J 17844 11/30/91 4,200.00 004098 COMMERCIAL LIFE INS CO 17845 11/30/91 20.40 004120 EAGLE WINE CO 17846 11/30/91 1 ,344.41 004311 FIRST BANK 17847 11/30/91 3,392.27 004410 FIRSTAR ST ANTHONY BANK 17848 11/30/91 15,000.00 004411 FIRSTAR ST ANTHONY BANK 17849 11/30/91 5,000.00 004175 GRIGGS COOPER & CO INC 17850 11/30/91 21 ,657 .66 004185 GROUP HEALTH PLAN INC 17851 11/30/91 439.28 004220 JOHNSON WINE CO 17852 11/30/91 4,472.75 004221 KASSULKER/REINE 17853 11/30/91 120.00 • 004225 KRAFT FOODSERVICt 17854 11/30/91 934.43 004261 MANNINGS 111 17855 11/30/91 481 .60 004269 MED CENTER 17856 11/30/91 357 .20 004365 MEDICA CHOICE 17857 11/30/91 1 ,516.00 004272 METZ BAKING CO 17858 11/30/91 61 . 46 004360 PHILLIPS AND SONS COMPAN 17859 11/30/91 2,650.83 004376 PRIOR WINE CO 17860 11/30/91 1 ,620.68 004385 QUALITY WINE CO 17861 11/30/91 696. 54 . 004392 RICHARDS/JOHN 17862 11/30/91 80.00 004383 REEVES/DAN 17863 11/30/91 75.00 LIQUOR CHECKING ACCOUNT 172, 106.94 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAG 12/05/91 13:20 Check Register GL540R-VO4 .08 PAGE •BANK VENDOR CHECK# DATE AMOUNT FIRS FTRSTAR ST AN HONY CHECKING 000237 A T & T COMMUNICATION 1922 12/11/91 42. 20 41 .33 000120 AMERICAN LINEN 1924 12/11/91 14.91 000135 AMERICAN RISK SERVICES I 1925 12/11/91 377 .00 . 1 47 .88 000310 BATTERY & TIRE WHSE 1927 12/11/91 8.24 005196 BERRY BEARING CO 1928 12/11/91 47 . 12 .00002 BEVERLY LE VOIR 1929 12/11/91 50.08 005170 BONNIWELL/STUART J 1930 12/11/91 60.00 007147 BRAD RAGAN INC 1931 12/11/91 64.30 000605 CARGILL SALT VISION 1932 12/11/91 1 ,426. 20 008145 CELLULAR ONE 1933 12/11/91 79.47 008108 CITY OF ST PAUL 1934 12/11/91 350. 00 000685 COAST TO COAST 1935 12/11/91 84.62 000815 COTRONEO/DOMINIC 1936 12/11/91 99.85 007107 CROWE/HELEN J 1937 12/11/91 275.20 000780 CYS MENS WEAR 1938 12/11/91 91 .60 000827 D & V SALES & SERVICE 1939 12/11/91 33.30 000800 DAVIES WATER EQUIP INC 1940 121/11/91 77 go 008140 DAVIS/PAUL 1941 12/11/91 36.05 007116 DIAMOND METAL PRODUCTS 1942 12/11/91 75.00 008151 DIEGNAU/DANIEL 194-3, 19 11 1 191 26 99 .00001 DIESEL SERVICE COMPANY 1944 12/11/91 22.36 005048 DPC INDUSTRIES INC 1945 12/11/91 182.00 005159 FDDY RRnTHERS CO 1946 12/11/91 7200 000910 FAMILY MEDICAL CLINIC 1947 12/11/91 45.00 .00004 FRONT LINE PLUS FIRE 1948 12/11/91 446.75 001025 Q & K SF€RVIC€d 1949 12/11/91 5 5.E39 001030 G & K SERVICES 1950 12/11/91 187.35 001060 GARELICK STEEL CO 1951 12/11/91 102.50 GOADIN GOM ANY i952 i2/ii/% 43.85 001250 GRAINGER INC/W W 1953 12/11/91 93.72 .00002 GREAT MPLS CHAPTER, 1954 12/11/91 60.00 HANCE GOMPANIES ±955 i2/1±/9i 6.24 007126 HANS ROSACKER CO 1956 12/11/91 38. 50 001505 HENN CO SHEFIFF 1957 12/11/91 123. 78 005103H$ . 007175 IPMA-MN CHAPTER 1959 12/11/91 15.00 001680 J C AUTO SUPPLY 1960 12/11/91 30.6/8�� 008068--3-W ---I-i�tF@RMAT!eN--F_i"fJ 013. 50 002040 LILLIE SUBURBAN NEWSPAPE 1962 12/11/91 54. 80 007216 LOCATOR & MONITOR SALES 1963 12/11/91 81 .65 00-2300---MAE9UEE-N-EQifI-PMEN-T-E O f 9- 002280 MIDWEST ASPHALT CORP 1965 12/11/91 217.28 000045 MIDWEST BUSINESS PRODUCT 1966 12/11/91 228. 75 002420MI NN EAf'O�I S-S�Af�&-TR I B 196-7-i 38�9� 002680 NORTHERN STATES POWER 1968 12/11/91 6, 147 . 76 007043 NORTHERN STATES POWER 1969 12/11/91 2, 192.95 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAC . PAGE BANK VENDOR CHECK# DATE .AMOUNT FIRS FIRSTAR ST . ANTHONY CHECKING 002840 PERA 19 70 12/11191 56. /1 .00003 POOLSIDE 1971 12/11/91 24.75 003660 RAMSEY COUNTY 1972 12/11/91 20.00 .00003 RITZ CAMERA 1913 12111/91 10.64 003080 ROLLINS OIL CO 1974 12/11/91 5.89 003100 ROSEDALE CHEVROLET 1975 12/11/91 6.51 0033i5 SERCO LABORATORIES 19/6 12111/91 73.00 008105 SPECELABS INC 1977 12/11/91 122.98 005238 SPECIALTY RADIO SERVICE 1978 12/11/91 114.80 003460 SPRING tAKE PARK ttJ;IIBER 1979 12/11/91 1 S.vis 007180 STAC MFG & DIST 1980 12/11/91 3.80 007190 STATE SUPPLY COMPANY 1981 12/11/91 766.67 003490 1982 12111191 E56 7 .2") 008152 TIRES PLUS OF APACHE 1983 12/11/91 24.95 003560 TRACY PRINTING 1984 12/11/91 839.00 S 008010 UNIFORMS UNLIMITED 1986 12/11/91 1 ,876.09 008133 URBIA/DAVID 1987 12/11/91 28.60 003720 W W GENERATOR REBUILDERS 1989 12/11/91 7.89 003735 WASTE MGMT 1990 12/11/91 404.87 .00001 WILLIAM BENNETT 1992 12/11/91 15.00 i FIRSIAR S1 . ANIHONY CHECKING - I i • I I 1 CITY OF ST. ANTHONY •2 PLANNING COMMISSION MEETING MINUTES 3 NOVEMBER 19, 1991 4 5 6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE 7 8 The meeting was called to order at 7:30 p.m. with the Pledge of 9 Allegiance led by Chairman Madden. 10 11 II. ROLL CALL 12 13 Commissioners present : Chairman Madden and Commissioners 14 Faust, Gondorchin, Murphy, Werenicz, 15 Brownell 16 17 Commissioners absent: Franzese 18 -19 Staff present : Management Assistant Dave Urbia 20 21 III . APPROVAL OF MINUTES 22 23 The September 17, 1991 Commission minutes had been approved 24 during their October 15, 1992 meeting . The October 15 and 25 November 19 , 1991 minutes will be considered at the 26 Commission' s next meeting . 107 8 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO DECEMBER 10, 1991 29 COUNCIL MEETING 30 31 Commissioner .Faust will represent the Planning Commission at 32 the Council ' s December 10, 1991 meeting . 33 34 V. PUBLIC HEARINGS 35 36 A. J.C. PENNEY COMPANY REQUEST FOR APACHE PLAZA SIGN VARIANCE 37 38 The Notice of Hearing which had been published in the November 39 6 Bulletin was read aloud by Chairman Madden. No one present 40 reported failure to receive the notice or objected to its 41 content . 42 43 Staff Report 44 45 The Commissioners asked questions related to the staff 46 recommendations in the agenda packet with the first question 47 having to do with who the actual applicant was . Dennis D. 48 Cavanaugh, President of C.G. Rein, Managing Partners of Apache 49 Plaza, indicated J.C. Penney' s was applying for the sign 50 variance to have their store name added to the Apache Plaza 51 Shopping Center pylon along with Herbergers . • Planning Commission Page 2 1 Chairman Madden responded to the Management Assistant ' s 2 contention that Penneys had a unique regional focus requiring • 3 additional visibility at Apache by reporting that Commissioner 4 Franzese had called him that evening requesting he ask Mr . 5 Urbia whether it wasn' t possible that another major tenant or 6 potential tenant might make the same claim. Commissioner 7 Franzese had suggested the size of the Penneys store might make 8 a better argument . 9 10 Commissioner Werenicz indicated he had a problem with staff 11 recommending the variance be granted based on a hardship, which 12 the Commissioner had interpreted to be primarily caused by bad 13 economic times, a hardship which would not be acceptable under 14 statutory definition. He also wondered why, if the Penneys ' 15 store has such poor visibility, its management had not insisted 16 the Penney name be included on the shopping center pylon at the 17 same time Herbergers ' sign was erected in 1987 . The 18 Commissioner added that the minutes for the hearing on the 19 Herbergers variance contained testimony from Mr . Cavanaugh that 20 he saw no problem with Penney' s visibility because the store 21 could be seen by southbound traffic. The Rein Company 22 executive had even written the May 26, 1987 letter included in 23 the agenda packet, promising not to erect additional tenant 24 signs on the pylon during the term of Herbergers ' lease. 25 26 The public hearing was opened at 7:39 p.m. 27 •28 Rick Palamateer of the Universal Sign Company showed a colored 29 rendering of the pylon sign as it would look after the addition 30 of the proposed brown and white J.C. Penney signs above the 31 Herbergers ' signs, which he indicated, would remain the same. 32 The sign company representative said the only portion of the 33 Penny signs which would be illuminated would be the white 34 lettering. The distance between the Herbergers ' signs and the 35 reader boards would remain about 12 inches . Inconsistencies 36 between the sketch in the agenda packet, - Mr . Palamateer ' s 37 rendering, and the existing signage were pointed out. 38 39 Mr . Cavanaugh showed the interior layout of the stores in the 40 mall in relation to Silver Lake Road and Stinson Boulevard . He 41 said Herbergers had no visibility at all from Silver Lake Road 42 and Penneys could only be seen by southbound traffic . Neither 43 could be seen from Stinson. Mr . Cavanaugh said the Penney 44 store had 57, 000 square feet; Herbergers 53 , 000, and the empty 45 space where Country Club had been was 24 , 000 square feet . The 46 Apache Manager then reported there is a theater company 47 negotiating to use the latter space which would require a 48 marquee for which the City Sign Ordinance makes no provision. 49 50 Mr. Cavanaugh' s explanation of why he was asking for a variance 51 from both his 1987 letter and the Penney' s signage was because 52 "things change. " He said Herbergers reluctance to sign a Planning Commission Page 3 1 lease without better visibility was the reason the first sign •2 was added to the pylon in 1987 and now J.C. Penney' s lease is 3 up and the store management believes that because of the market 4 — conditions within the general retail community of St . Anthony, ; .5 . °'; Rosedale and Columbia Heights they need more exposure along 6 Silver Lake Road. 7 8 Kenneth A. Sundvall, manager of the Apache J.C. Penney store, 9 said he had only been at Apache for a year and a half, although 10 he had been with Penneys for many, many years . It was his, 11 contention that anything which dealt with the retail business 12 had to come down to economics in the long run. He told the 13 Commissioners of his lunch that afternoon with Ron Herges, the 14 manager of Herbergers and president of the Apache Merchants 15 Association, who had told him only a previous commitment he 16 could not break, would prevent him from attending the hearing 17 that evening to support the addition of Penney signage to his 18' own store' s identification on the shopping center pylon. Mr . 19' Sundvall said if it had been the other way around, he would 20 have welcomed Herbergers ' signage on the same sign as Penneys 21 because that would give more credibility and drawing power to 22 the center . 23 24 The Penney store manager contended that unless. persons passing 25 by on Silver Lake Road had resided in the area for a number of 26 years it could well be that they might not even know there was 407 a Penneys in the shopping center . He said he had been made 8 aware of this by customers who just happened to drop by who 29 said as much to his clerks . Mr . sundvall argued further that 30 almost all neighborhood shopping centers like Har Mar and 31 Knollwood have the major stores in their centers listed on 32 their center signs . Even larger centers concentrate on major 33 retailers in their center in their advertising because they 34 know they help to draw the traffic to those centers . 35 36 Mr . Sundvall viewed Apache as more of a neighborhood than a 37 regional center . He said demographics indicated the trade area 38 to be relatively compact and to reach far.ther .to the north than 39 the east where the competition is greater. He added that the 40 size of the competing dales also resulted in the shoppers 41 viewing Apache as a neighborhood center . Mr . Sundvall reported. 42 the Apache Merchants Association had been reactivated to 43 promote the center with a calendar for 1992 already scheduled 44 to expand on collective efforts of the merchants to draw more 45 customers and get more involved with community activities . 46 Among these were the Special Olympics this summer, the Columbus 47 Day events and a shopping spree night which had to be 48 rescheduled because of the blizzard . 49 50 When Commissioner Werenicz inquired why Apache was never 51 identified in the regional or national .J.C. Penney advertising, 52 the store manager told him that was a corporate decision which • Planning Commission' Page 4 1 neighborhood stores are trying 'to change. The Commissioner 2 responded by saying he thought concentrating on expanding the • 3 market area by advertising would be much more productive than 4 just putting up a sign at one location. Mr . Sundvall agreed 5 that individualized advertising combined with better training 6 and customer relations was needed with better signage to reach 7 out to new customers . 8 9 Mr. Sundvall couldn' t give any details of the lease extension 10 saying that was being negotiated by Penney' s real estate 11 division. He said Penneys is not planning on expanding its 12 space in the center at this time. When asked how the rest of 13 the center retailers viewed the proposed signage, Mr. Sundvall 14 said the Merchants Association have said they need Penneys to 15 help them build traffic the same as most centers who rely on 16 major stores to draw traffic for the smaller stores . The store 17 manager said one of the concerns of his company and Mr. 18 Cavanaugh himself was the health of Apache Plaza . The 19 Merchants Association is responding to that concern by working 20 with the new leasing agent and suggesting a merchandise mix 21 which is a 'vital element of any shopping center . 22 23 The public hearing was closed at 8: 12 p.m. for discussion and 24 recommendation from the Commission. 25 26 Commissioner Brownell stated that he had no problem with having 27 the Penneys sign on the center pylon if its well done. He did • 28 not believe it would be a detriment to the City but perceived 29 it would not only be an asset for Penneys but for the other 30 Apache retailers as well because it would aid in drawing 31 traffic into the center . However, like Commissioner Werenicz, 32 he said he was having a problem with the hardship issue without 33 bringing economics into the consideration. The Commissioner 34 indicated he was having a problem understanding how Penneys 35 which had been in the same location in the center for over 36 thirty years was all of the sudden perceiving an exposure 37 problem. On the other hand, Commissioner Brownell agreed the 38 store' s location made it difficult to work with as far as the 39 ordinance goes because of its distance from a major 40 thoroughfare and its location in the mall . 41 42 Commissioner Faust indicated he perceived everything boiled 43 down to economics in the business sector and wondered how 44 economic restrictions could be applied to something which is 45 inherently based on economics . He contended that the hardship 46 would probably be greater for the community than for the 47 applicant if the center doesn' t succeed. The Commissioner 48 stated that the visibility and vitality of St . Anthony should 49 be his greatest concern and he said he believed Apache to be 50 the cohesive which would hold the vitality together . 51 Commissioner Faust reported reading reports indicating traffic 52 on Silver Lake Road had doubled in the last ten years so he had • Planning Commission Page 5 •1 no problem believing there were people who drive by Apache 2 every day who don' t know there is a' J.C. Penney store in the 3 center. The Commissioner pointed to the areas north of the 4 center which have experienced the greatest growth, towards 5 which the sign would be directed . Commissioner Faust said he 6 therefore didn' t see the semantics of hardship as a deterrent 7 to granting this variance. 8 9 Commissioner Werenicz read aloud some of the directions he had 10 received at training sessions for new Planning Commissioners . 11 One of these was that "economic considerations alone shall not 12 constitute undue hardship if reasonable use of the property 13 exists under terms of the ordinance. " Commissioner Faust 14 responded that the center is zoned commercial and, obviously, 15 with its vacancies, is not being utilized to its maximum. He 16 suggested that would perhaps allow some leeway in interpreting 17 the definition. Commissioner Werenicz wondered if the fact 18 that the center is not fully utilized was the fault of the 19 ordinance rather than the marketing or failure to sit down and 20 determine what the best use of the property might be. He was 21 concerned that Carlson Hardware would be next in a succession 22 of other retailers in the center who would claim need for more 23 exposure through signage not to mention the proposed theater or 24 whatever else might go into the vacant grocery store space on 25 the same side of the center . He added that he foresaw that 26 future tenants who might want to consolidate space left vacant 7 by business failures would certainly also be looking for better 8 identification. 29 30 Commissioner Faust said he was very offended by th C.G. Rein 31 letter in the agenda packet which he perceived to be 32 meaningless ; without validity, and not able to withstand any 33 type of scrutiny because of the writer ' s inability to predict 34 the future. 35 36 Commissioner Murphy wondered whether the Commission had 37 considered the possibility of the need for additional signage 38 for Apache Plaza should a renaissance of business occur in the 39 center . 40 41 Commissioner Gondorchin indicated he also found it hard to find 42 for granting a variance in terms of economic hardship. He said 43 it would be a lot easier if the Planning Commission were 44 looking at a comprehensive sign plan for Apache Plaza . 45 However, he agreed it was not uncommon for shopping centers to 46 have major anchors listed on the shopping center pylons . The 47 Commissioner said he would also find the application easier to 48 deal with if the request had not been to add 1990 ' s signage to 49 a 1960 ' s style pylon. He was also concerned that the 50 Commission might be setting a precedent for every sizable 51 retailer whose lease is expiring to be coming in with a similar 52 signage request as part of that negotiation. • Planning Commission Page 6 1 Chairman Madden said he perceived that times had changed and • 2 the City is now looking at a lower tax base at Apache along 3 with a high rate of vacancies which, in turn, boils down to 4 economics and the survival of Apache. He was also concerned 5 about establishing a precedent or basing approval on Mr . 6 Cavanaugh' s credibility which he perceived had been badly 7 damaged by reversal of his 1987 letter . The Commission- Chair 8 said he perceived a comprehensive sign plan from Apache' s 9 management might be an excellent approach to the City and the 10 Planning Commission. 11 12 Commission Recommendations 13 14 Motion by Brownell, seconded by Faust, to recommend the City 15 Council grant the request for a sign variance from the J.C. 16 Penney Company for two, 5 foot, 9 inch by 20 foot, J.C. Penney 17 signs to be mounted on the existing Apache Plaza Shopping 18 Center freestanding sign located on Silver Lake Road. Said 19 signs are to be located as proposed below the existing Apache 20 Plaza lettering and above the two Herbergers ' signs of the same 21 size. In recommending approval of the variance, the Planning 22 Commission finds the application meets the three tests 23 established by Minnesota statute and that no one appeared at 24 the hearing or contacted staff before the hearing, to speak 25 against the variance. 26 27 voting on the motion: • 28 29 Aye: Brownell, Faust, Gondorchin, Madden. 30 31 Nay: Werenicz, Murphy. 32 33 Motion carried. 34 35 Commissioner Murphy commented that he wouldn' t expect anything 36 to be done about a comprehensive sign plan until the next time 37 someone comes asking for further signage. Commissioner 38 Brownell agreed saying he was certain that as soon as a major 39 tenant went into the vacant space on the southwest corner of 40 the mall, the owners would be in for .better identification. 41 However,. he reminded the other Commissioners , that was not what 42 they .had been requested to consider at this time. The 43 Commissioner added that the City is now developing a new Sign 44 Ordinance. He wondered if it might be possible to address 45 regional shopping centers and come up with a comprehensive plan 46 for signage for such a development . He perceived the ordinance 47 could apply to 'Apache and any other regional center which falls 48 under the same classification, taking a different approach than 49 in the past . 50 51 Commissioner Werenicz responded by pointing out that whatever 52 the City does about the pylon now would be grandfathered in in 53 - any event . Planning Commission Page 7 1 Commissioner Faust suggested the Commission might want to •2 recommend that the Council and particularly Councilmember 3 Wagner, who is working with the Merchants Association and C.G. 4 - - Rein, should sit down with those parties and try to implement 5 some of the Planning Commission concerns and suggestions into 6 future planning for the center. 7 8 Mr . Cavanaugh was asked about the signage which he was 9 proposing for the theater . He said he had talked to the City 10 Manager about that eventually as well as a comprehensive sign 11 plan for Apache. The center manager admitted such a plan was 12 long overdue and said he would be all for it to avoid future 13 situations like the one he is in because the only vehicle for 14 getting signage is a variance at this time . He reminded the 15 Commissioners they were all dealing with a 30 year old center 16 and a center sign which is almost as old. In reference to the 17 proposed marquee, Mr. Cavanaugh said he would expect the sign 18 would have to be a modified pylon more like a large monument 19 sign. It would have to be freestanding on Silver Lake Road and 20 large enough to feature titles of movies which could be read 21 from all directions . Since the City Sign Ordinance has no 22 provision for a marquee at this time, marquees would probably 23 have to be addressed in a sign plan for the center, with which, 24 he said he would be willing to cooperate. 25 26 Commission Recommendations 7 8 Motion by Brownell, seconded by Gondorchin, to recommend the 29 Council initiate the development of a comprehensive sign plan 30 with the C.G. Rein Company and the Apache Merchants Association 31 for Apache Plaza . 32 33 During the discussion which preceded the vote on the motion, 34 Commissioner Werenicz questioned how a sign plan could be 35 developed for a shopping center for which there was no 36 assurance of who the tenants would be. He said he perceived 37 the City had gotten a lot of misdirection from Apache 38 management as to where they wanted to go . 39 40 Commissioner Murphy agreed developing a plan would be very 41 difficult with the current situation, but he perceived it would 42 be better to at least look for some consistencies in sign 43 styles and sizes . 44 45 Commissioner Faust indicated he thought the Commission was only 46 trying to foster some cardinal direction. He said he was 47 certain the Merchants Association who have become more 48 proactive, if they perceived they had more input, would come up 49 with something to help the Commission act on eliminating the 50 hodge podge, hit or miss, planning in existence now. The 51 Commissioner said the City is now being forced to react to �2 exceptions rather than planning . Planning Commission Page 8 1 Commissioner Faust added that he perceived Councilmember Wagner • 2 who had also served so astutely on the Planning Commission, as 3 serving as the "point man" for moving the plan along . 4 5 Chairman Madden said he reviewed the idea of another monument 6 sign on Silver Lake Road as just a bandaid where a whole new 7 program is called for . 8 9 The motion carried without dissent . 10 11 GAS STATION PYLON AND COMPREHENSIVE SIGN FOR STOP-N-SHOP 12 SUPERETTE AT 3813 STINSON BOULEVARD. 13 14 The notice of the hearing which had been published in the 15 November 6 Bulletin was read aloud by Chairman Madden. No one 16 present reported failure to receive the notice or objected to 17 its content . 18 19 Staff Report 20 21 When Chairman Madden mentioned that these applicants had sat 22 for almost an hour waiting for their hearing, Mr . Urbia agreed 23 that future hearings should be scheduled further apart . 24 25 The Management Assistant then reported the applicants had been 26 cooperative about working with staff to bring their request 27 more closely into conformance with the City Sign Ordinances . • 28 He then reviewed the assessment he had made of the proposal in 29 the agenda packet including research on the Amoco signage at 30 the corner of 37th and Silver Lake Road. 31 32 In reference to clearance under the sign there was agreement 33 that even if the City built a walkway past the center, it would 34 have to be built within the right-of-way which should not 35 impact on the clearance . During the applicant ' s testimony, the 36 Commission was told the old pole had been removed and 37 landscaping including rock and bushes to prevent anyone walking 38 under the sign, had been completed. 39 40 Commissioner Brownell reported that he had researched all the 41 City ordinances to be certain the proposed signage met all 42 requirements . When he came to the description of a shopping 43 center he found that in 1989 the City had adopted a new 44 definition under which this 7, 700 square foot building could 45 not qualify as a shopping center for which the City Ordinance 46 sets a minimum of 18, 000 square feet . Mr . Urbia indicated he 47 had failed to do the same research before advising the 48 Commission that the sign denoted as Design B in the Plan was 49 allowable. 50 51 Chairman Madden said he perceived there was nothing to put on 52 the monument sign at the present and suggested it could be • 53 excluded from Commission recommendations . Planning Commission Page 9 81 The Chairman also noted the sign sketches which had been 2 submitted by the applicants, had not been drawn to scale. He 3 said the letters on the building itself appeared to be two feet 4 high which, as compared to the signage on the St . Anthony 5 Shopping Center, was too high. 6 7 The public hearing was opened at 9 :.09 p.m. 8 9 Bill Vogt, 1847 Johnson Street, and James L. Sarna who had 10 signed the Petition for Sign Variance, were present to speak to 11 that request . Mr . Vogt indicated they had followed the advice 12 given them at the August 20 meeting to scale down the size of 13 the signs for their proposal . He said he has two stores in 14 Northeast Minneapolis with signs considerably larger . The 15 applicant commented that "without getting up in a skyhook" it 16 was impossible to tell just what size the Amoco sign really 17 was . However, he said he thought the Commissioners would be 18 quite surprised at how much sign surface there really is with 19 all the additions which have been made to the sign, piece by 20 piece, including the price, identification, and food signs . 21 22 The applicant said his concern was not how all the signage came 23 about . However, he said he saw more justification for a little 24 strip mall which is hidden which was built in 1989 and failed. 25 As proof of the center ' s lack of visibility, Mr . Vogt said the 26 first time he had drivezup there he had passed by without even 407 seeing the center at all . The developer reported the 1930/1940 8 style driveways which presented a hazard had, with the consent 29 of the City, been enlarged. The next step is to get some help 30 from the Planning Commission to sign the property properly so 31 the mall can be seen more easily. The only reason for the 32 monument sign would be to let people know what is there. Mr. 33 Vogt indicated they had half the store space rented and were 34 only concerned the weather would close in on them before they 35 got in the footings for the signs . 36 37 When Mr . Vogt said he intended to use uniform letter.ing to 38 identify the tenants but the use of logos might depend on who 39 they were. Commissioner Brownell told him each store frontage 40 would be allocated two feet of signage per linear foot they 41 occupy in the center . He said whether they are backlighted and 42 the color should have been indicated on the sign plan. When he 43 asked whether Mr. Vogt intended to put up signage on the north 44 side of the building, the applicant said the signage would be 45 on the facia on the front of the building which. would not be 46 continued around the sides . 47 48 Mr . Vogt told Commissioner Gondorchin his only timetable was 49 getting his footings into the ground before winter set in. 50 51 The public hearing was closed at 9 : 18 p.m. for discussion and 52 development of a Commission recommendation to the Council . Planning Commission Page 10 1 Commissioner Werenicz commended the applicants for trying to 2 put together a comprehensive sign plan based on input from the 3 Commissioners related to a shopping center . He apologized for 4 the Commission not checking the square footage of. building for 5 comparison with what the ordinance required for such a center. 6 The Commissioner recalled that a new ordinance had been written 7 at the time the mall on 39th Avenue N.E. , with a Domino ' s Pizza 8 in it, had been built in 1989 before the building they were 9 discussing that evening was erected. Commissioner Werenicz 10 said he perceived the size of that building might have prompted 11 the square footage minimum requirement in that ordinance. 12 13 Commissioner Brownell indicated that ordinance had been modeled 14 after ordinances he had brought in from Apple Valley, Chaska 15 and Roseville. Concerns at that time about having large 16 buildings which were not on contiguous tracks of land or less 17 than four stores in a grouping were also considered for that 18 ordinance. 19 20 The Commissioner reiterated that he had no problem with the 21 sign proposed in Detail B because he perceived the way it is 22 designed and the overall sign plan seemed to fit the site well 23 and should enhance the property. However, there is no other 24 allowance anywhere in the existing ordinance which permits a 25 pylon sign for anything other than a gas station. The sign 26 couldn' t be allowed as a monument sign because, until the new 21 sign ordinance is adopted , that type of signage is only allowed 28 in areas zoned light industrial . 29 30 31 Chairman Madden told Mr. Vogt that in spite of how sorry the 32 Commission was for not picking up on the problem with the 33 square footage last August, the existing ordinances prevented 34 them from acting on the comprehensive sign plan at this time. 35 He said even if a new ordinance were written to address the 36 reality of smaller strip malls, it probably could not be 37 adopted before winter sets in. 38 39 Mr . Urbia apologized for not catching the error himself . He 40 assured the applicants that staff would be diligently exploring 41 any options before the Commission recommendations are presented 42 to the Council December 10 . 43 44 Commission Recommendations 45 46 Motion by Brownell , seconded by Murphy to recommend City 47 Council approval of the variance request for the pylon sign 48 allowed by the City Sign Ordinance to a gas station under 49 Section 430 :40, Subdivision 62, finding that the request meets 50 the three statutory requirements and no appeared to speak 51 against the variance. 52 53 Motion carried unanimously. Planning Commission Page 11 1 Motion by Madden, seconded by Werenicz to _ recommend the City Council address in the new Sign Ordinance shopping centers 3 smaller than 18, 000 square feet which are not addressed in the 4 draft of the ordinance being reviewed at .this time. 5 6 VI . MISCELLANEOUS 7 8 Chairman Madden thanked the other Commissioners for the 9 privilege of- serving as their chairman for the last three 10 years . He said he wanted to continue his service on the 11 Commission but perceived it was time to give someone else the 12 opportunity to assume the chairmanship. Commissioner Faust 13 expressed the gratitude of the Commission for the architectural 14 expertise and even-handedness Chairman Madden had brought to 15 the position. It was determined that parliamentary procedure 16 called for the election of a new chairman at the start of the 17 first Commission meeting in January. 18 19 Mr . U rbia said he knew of no planning requests which had to be 20 taken care of in December and promised, if there were none, to 21 let the Commissioners know whether any seats on the Commission 22 needed to filled before January. 23 24 Commissioner Werenicz asked about the ruling in the Perino _ 25 litigation saying he thought such information was necessary for 26 making a determination in similar cases in the future. 7 VII. ADJOURNMENT 29 30 Motion by Werenicz, seconded by Murphy to adjourn the meeting 31 at 10 : 00 p.m. 32 33 Motion carried unanimously. 34 35 36 Respectfully submitted, 37 38 39 40 41 Helen Crowe, Acting Secretary ain thou • illa e DATE : APPROVAL : November 19 199 TO : Planning Commi.ss�ion Men1bers FROM : David UNIVERSAL SIGN COMPANY FOR J. C. PENNEY'S, SIGN -VARIANCE REQUEST The issue at hand is consideration of a request for a sign variance from Universal Sign Company, 1033 Thomas Avenue, St. Paul, for two (2) 519" X 20 ' "J C Penney" signs to be mounted on the existing Apache Plaza Shopping Center freestanding sign located on Silver Lake Road. Said signs are proposed to be located below the existing Apache Plaza lettering and above the two (2) existing Herberger's 519" X 20 ' signs. The applicant stresses that competitive factors now require that J.C. Penney maximize its visibility to the marketplace, as its location provides limited signage and storefront visibility for northbound traffic along Silver Lake Road. The applicant also stresses that J.C. Penney, although in the same zoning classification as the other retail areas of St. Anthony, has an unique regional focus, thereby requiring additional visibility. In a letter dated May 26, 1987 (copy included) , the applicant agrees to not erect additional tenant signs on the Apache Plaza pylon sign on Silver Lake Road during the term of the Herberger's lease. Currently, Herberger's is under lease at Apache Plaza. The current request for the sign variance is contradictory to the referenced letter. The three conditions are met in this sign variance. I recommend approval. of the requested sign variance. CITY OF ST. ANTHONY • NOTICE OF PUBLIC 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, November 19, 1991, at 7:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a request.for a sign variance from Universal Sign Company, 1033 Thomas Avenue, St. Paul, for two (2) 5'9" X 20' "J C Penney" signs to be mounted on the existing Apache Plaza Shopping Center freestanding sign located on Silver Lake Road. Said signs are proposed to be located below e)dsting Apache Plaza lettering and above the two (2) a)dsting Herberger's 5'9" X 20' signs. Anyone wishing to be heard Nvith reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-8881. • Thomas D. Burt City Manager Publish: November 6, 1991 i Sentinel Management Co. T«-in City Federal Taco Bell 5151 Industrial Boulevard 3899 Silver Lake Road 3704 Silver Lake Road Minneapolis, NIN 55435 St. Anthony, MN 55421 St. Anthony, 1\4N 55421 Re: F.auinox Apartments Cadwallader Real Estate Ken Lee C. G. Rein 3901 Silver Lake Road 3904 Penrod Lane 949 Sibley Memorial Hwy. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Paul, MN 55118-3698 J. T. Vargas, Inc. 3909 Silver Lake Road St. Anthony, NIN 55421 • Date: October 9, 1991 Fee: $100.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant• Universal Sign Company Phone: 645-0223 Address• 1033 Thomas Ave. , St. Paul , MN. Status of applicant (owner, buyer, renter, agent, etc. ) : Agent Street address and/or legal description of property petitioned for variance: Apache Plaza Zoning district in which property is located: . Request: Install (2) "J C Penny" signs on existing pylon. • Minnesota Statutes and City Ordinances require that the following conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) 'The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. 2) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to. 3) The conditions upon which the applications 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 7 10 -11 - 91A * 100 . 00'.1 1 LD I I i cc: I / � \ 1 /-I- f THIS DESIGN REMAINS THE PROPER iY OF J • �i' / UNIVERSAL SIGN CO.AND IS TO BE niversal Signs wto RETURNED ON DEMAND.NO REPRODUCTION SHALL BE MADE EXCEPT And= "S BY WRITTEN AGREEMENT. =4= flLE COPY n� Drawing M Stab i EXHIBIT B 2. Yes, a particular hardship to the applicant would result if the strict letter of the regulations are adhered to. J.C. Penney is a 57,000 square foot department store located at the northwesterly side of Apache Plaza. This location provides limited signage and storefront visibility for southbound traffic along Silver Lake Road, and no signage or storefront visibility for northbound traffic along Silver Lake Road. Although J.C. Penney has been a tenant at Apache for many years, competitive factors in the marketplace now require that J.C.Penney maximize its exposure to that marketplace with additional signage on Silver Lake Road. 3. Yes, the conditions upon which the application for a variance are based are unique to the parcel for which the variance is sought and are not applicable to other property within the same land-use classification. Apache Plaza is a 530,000 square foot shopping complex, with 3,000 lineal feet of exterior wall space within the main mall area located on 52 acres of land. J.C. Penney is a 57,000 square foot tenant which exceeds the total square footage of most other retail complexes within the City of St. Anthony. As a matter of policy, Apache Plaza controls both exterior and interior signage of all tenants in an attempt to maintain a harmonious appearance of the shopping center. It is the feeling of Apache Plaza, Ltd. and the applicant that the proposed signing corresponds with Apache's attempt to • maintain the architectural integrity of the complex. Although Apache Plaza is in the same zoning classification as the other retail areas of St. Anthony, the nature of the tenancies at Apache and the size of the complex create a regional scope shopping area, whereas the other retail facilities have neighborhood orientation. We respectfully request that the City of St. Anthony Planning Commission and City Council approve the above request. • l TDC.G.REIN COWANY O 949 SIBLEY MEMORIAL HIGHWAY,SAINT PAUL,MINNESOTA 55118.3698 O PHONE(612)455.7100 Foe a May 26, 1987 City of St. Anthony Planning Commission and City Council 3301 Silver Lake Road St. Anthony, Mtn 55418 To Whom It May Concern: Apache Plaza, Ltd., hereby agrees that, in the event the pending sign variance for G.R. Herberger's, Inc., is approved by the Planning Commission and City Council, Apache Plaza, Ltd.,, will not erect additional tenant signs on the Apache Plaza pylon sign located on Silver Lake Road during the term of the Herbergers lease. Sincerely, APACHE PLAZA, LTD. Rein Associates Co., General Partner By. ` a6mis D. Cavanaugh Vice President DDC/cjk . La thou a APPROVAL. : DATE= November 19 , 1991 ']CO : Planning Commission Members :FROM : David M. Urbia, Management Assistant =T EM : "STOP-N'SHOP SUPERETTE" , COMPREHENSIVE SIGN _PLAN The issue at hand is consideration of a request for a comprehensive sign plan from Stop-N-Shop Superette, Inc. , 1847 Johnson Street Northeast, Minneapolis, for one pylon sign to identify the gasoline brand located along 3813 Stinson Boulevard; which requires variances for size, number of signs, and ground clearance height. Also included for consideration in the comprehensive sign plan is a monument sign, ingress/egress signs, and building signage. The comprehensive sign plan would allow a pylon sign, a monument sign, ingress/egress signs, and building signs. The monument, ingress/egress, and building signs individually are within specifications of the sign ordinance. The pylon sign does not meet the sign ordinance specifications in the following areas: (1) minimum ground clearance is six feet, twelve feet is required; (2) four price signs are proposed, two are allowed; (3) each price sign is 13 . 44 square feet, eight square feet is allowed; (4) 128 square feet in sign surface area is. proposed, 50 square feet is allowed (the planning commission previously indicated 120 square feet would be acceptable in the recodified sign ordinance) ; and (5) a sign to identify the store and a smaller sign to identify the gasoline brand is proposed, a sign to identify the. gasoline brand is allowed. The applicants initially proposed an 8 ' X 10 ' main sign and 4 ' X 4 ' price and gasoline brand signs. The applicants modified their proposal to more closely reflect the ordinance specifications. The planning commission requested that staff investigate the Amoco sign that was allowed. The sign measures as follows: (1) the gasoline brand sign is 6 ' X 101 , 120 square feet (both sides) ; (2) the price sign number is two (which is allowed) ; (3) the price sign size is 52' X 62 ' , 35. 75 square feet (one side) , which exceeds the eight square feet allowed; (4) the food price sign is 1 ' X 6121 ; and (5) the minimum ground clearance is 521 , determined by the total height given - 17 feet. In researching the past Planning Commission minutes when the Amoco Station was presented, the only mention of signage was as follows: Commissioner Bjorklund was concerned about signage and the potential for a "profusion" of signage. The engineer indicated the St. Anthony station would be almost identical to another Amoco station at White Bear and Suburban Avenues in St. Paul and he showed an illustration of the station which he indicated had essentially the same type of signage proposed for this station. -2- • There is no record of a sign variance for this applicant. The sign ordinance went into effect around the time of the Amoco request (1986) for a setback variance for a canopy. The current applicant will be installing a new footing for the pylon sign. The clearance issue can be argued, as to reach twelve feet, the sign would be 28 feet, which might not be desirable (but allowed under ordinance) . The minimum clearance is .for safety, but no walking is present in this area. Perhaps the applicant can' landscape around the sign post so people do not walk close to the sign. The requirement of allowing one sign to identify the gasoline brand does not take into account the business structure of Stop-N-Shop. At the time the ordinance was written, it was common for major oil corporations to own their stations, whereas, now various retail companies will contract with the major oil corporations to pump their gas. Technically, one could consider the number of price signs to be two, as the four smaller signs are parallel and two on each side could be considered as one. The additional eight square feet is not much additional, considering the proposed monument sign is approximately 180 square feet under ' its maximum potential surface size. The sign variance requests meet the three conditions. Of importance is the fact the project is an existing structure which is considerably set back on the property. The situation is unique as the applicant could not correct the situation. •. I. recommend approval of the comprehensive sign plan from Stop-N-Shop Superette which would be contingent upon the applicant owning the property. The approval would not .be parcel specific. • d_- • Date• October 31 , 1991 Fee• $100.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE Applicant: Stop-N-Shop Superette Phone: (612) 789-0105 Address• 3813 Stinson Blvd. St Anthony, MN 55418 Status of applicant (owner, buyer, renter, agent, etc. ) : OWNER Street address and/or legal description of property petitioned for variance: 3813 Stinson Blvd. Zoning district in which property is located: •Request: Variance for a si on Minnesota Statutes and City Ordinances require that the following conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets, if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. . If you grant this variance it would not be detrimental to the public. It would be our source of identifying our business. 2) A particular hardship to the applicant would result if the strict letter of the regulations are .adhered to. A retail/convenience business needs identifying of a business . We need to advertise our price and business name. 3 ) The conditions upon which the applications for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, tQ other property within the same land- use classification. The design of;thi s bui 1 di ng i s set back too far on the property. The Firestone which is north, and Pizza' Hut south of th property blocks the view of this bui To mak this a vital project need the vari nce. }}�n ric� ature oef applicant: ` J" I(. 1 • 10 -31 - 91A * 100 OOZE w. CITY OF ST. ANTHONY NOTICE OF PUBLIC HEARING SIGN VARIANCE TO WHOM IT IMAY CONCERN: Notice is hereby given that there mill be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 19, 1991, at 7:45 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the purpose: Consideration of a request for a comprehensive sign plan from Stop-N-Shop Superette, Inc., 1847 Johnson Street Northeast, Minneapolis, for one pylon sign to identify the gasoline brand located along 3813 Stinson Boulevard; which requires variances for size, number of signs, and ground clearance height. Anyone %;dshing to be heard with reference to the above matter shall be heard at said time and place. Questions regarding this matter shall be referred to the City Manager, 789-9881. Thomas D. Burt City Manager Publish: November 6, 1991 C. G. Rein-- - -------- - Pizza Hut----_-- AmeNcan Family Insurance 949 Sibley Memorial Highway 3801 Stinson Boulevard 3800 Apache Lane St. Paul, MN 55118 St. Anthony, MN 55421 St. Anthony, MN 55421 Apache Cat Wash - - Keri Sblie -- - Sentinel Management 3725 Stinson Boulevard 2817 silver Lane 5151 Edina Industrial Blvd. St. Anthony, MN' 55421 St. Anthony, MN 55421 Minneapolis, MN 554')5 Re:-Equinox Apartments Ed's Self Service Car Wash— -- 3901 Stinson Boulevard 2415-39th Avenue N.E. St. Anthony, IVLN 55421 St. Anthony, MN 55421 i Barr Engineering Company 8300 Norman Center Drive Minneapolis,MN 55437.1026 November 22, 19 91 Phone: (612)832-2600 Fax: (612)835-0186 Mr. Tom Burt St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418-1699 Dear Mr. Burt: I appreciated the opportunity to discuss a revised contract limit for our work regarding the District 6 drainage problems. As you are aware, the scope of that work has changed dramatically from that anticipated when we began work and established budgets. At first, our intent was to identify what improvements could be made to the storm sewer in County Road 88 (CR 88) to increase the outfall capacity for the City of St. Anthony, and what impact that would have on flooding in District 6. The CR 88 modeling was completed, but when we discovered that such improvements would not provide a significant change in flooding experienced within the City, we began a more detailed analysis of options for ponding and diversion within District 6. This has resulted in a significant increase in the amount of modeling required to provide the interim report which is now under review. Some additional meetings were also involved. According to my records, our last bill for professional services through September 28, 1991 exceeded the total contract amount by $465.93. Since that time, continued analysis has incurred additional fees amounting to approximately $4,200. Tasks yet to be performed include the meeting with representatives of other agencies on Friday, November 22 (assume $300) and the incorporation of City feedback into a final document which recommends specific improvements. Assuming that the feedback does not require more than two model runs (at about $750 each) , printing of about 20 copies of the final report and limited time for editing and rewriting of the report, I estimate the feedback will 'add an additional $2,500 to the project. To this, I have added two additional meetings at about $400 each, for a total of about $7,800 to complete the work. Please advise me regarding how you wish to proceed. Although this study has gone beyond its original scope, I feel that we have an excellent opportunity to bring closure to the issues in District 6 and to set a precedent for planning that will need to be done for other problem areas in the future. Sincerely, D nis E. Palmer Vice President DEP/dsd 00\01\002\TB.LTR • DATE: December 5, 1991 FROM: CITY OF ST. ANTHONY SUBJECT: ST. ANTHONY STORMWATER DRAINAGE STUDY The City Council authorized a stormwater drainage study on July 10, 1990 in response to drainage problems experienced in the southern portion of the city. The City Council contracted with the Barr Engineering firm to conduct the study. The City invested $20,000 and Hennepin County $5,000 towards the study. e The study completed by Barr Engineering was comprehensive and well done. Through computer modeling, accurate topographic maps of the effected southern portion of the City identify the flow of stormwater drainage. Once flows are identified, various corrective alternatives can be analyzed. The City Council has been presented the study's findings, as well as the possible corrective alternatives. From the presentation,the City Council believes that a public forum is necessary and important for St. Anthony residents. Input from residents is important before the City Council moves forward. A public forum has been scheduled on Tuesday, January 28, 1992, at 7:00 P.M. at the Parkview Cafeteria. • CITY OF ST. ANTHONY RESOLUTION 91-051 A RESOLUTION CALLING FOR THE REPEAL OF PRESIDENTIAL PRIMARY WHEREAS; the statute establishing-the Presidential Primary was initially adopted without legislative hearings; and WHEREAS, the legislature has not provided reimbursement of local government costs for conducting the primary; and WHEREAS, the presidential primary is designed to provide voters an opportunity to express preferences for the nomination of presidential candidates by major political parties; and WHEREAS, the statute establishing the Presidential Primary (M.S. 207A) requires voters to declare which political party ballot they will receive prior to casting their vote; and WHEREAS, such political party voter identification will become public information and a permanent record on the voter registration file; and WHEREAS, such records will be available for political campaign activities, including canvassing and fundraising; and. WHEREAS, the purpose and effect of the balloting conducted during the Presidential Primary are unrelated to the actual election of candidates to public office; and WHEREAS, the outcome of the Presidential Primary balloting will not determine the election of candidates to public office in Minnesota or at the national level. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony calls on the state legislature to postpone the Presidential Primary for at least four years in order for full funding to be approved at the state level, eliminating the need for any local government costs for conducting the primary. Resolution 91-051 ; Page 2 Adopted this day of ' 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CITY OF ST. ANTHONY RESOLUTION 91-053 A RESOLUTION AUTHORIZING THE EMPLOYMENT AND 1992 SALARY OF THOMAS D. BURT, ST. ANTHONY CITY MANAGER WHEREAS, the City of St. Anthony desires to employ Thomas D. Burt as its City Manager; and WHEREAS, Thomas D. Burt desires to° be retained and employed by the City of St. Anthony as its City Manager; and WHEREAS, both parties have agreed to the 1992 salary of Fifty-five Thousand Dollars ($55,000) for the City Manager. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony, Minnesota, hereby authorizes the employment and 1992 salary for Thomas D. Burt, City Manager. Adopted this day of , 1991. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY AGENDA DECEMBER 10, 1991 I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF DECEMBER 10, 1991 COUNCIL AGENDA. IV. APPROVAL OF NOVEMBER 26, 1991 COUNCIL MINUTES. V. LANEL. VI. ADJOURNMENT. • • CITY OF ST . ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY NOVEMBER 26 , 1991 MEETING 1 . CALL TO ORDER The meeting was called to order by Chairperson Ranallo at 9 : 17 p.m. 2 . ROLL CALL Present : Chairperson Ranallo, Vice Chair Enrooth, Secretary/Treasurer Marks , and .Commissioners Fleming and Wagner . Also Present : Executive Director Burt and Management Assistant Urbia 3 . APPROVAL OF NOVEMBER 26 , 1991 H.R.A. AGENDA Motion by Marks , second by Wagner to approve the agenda • for the November 26 , 1991 H.R.A. meeting as presented. Motion carried unanimously 4 . APPROVAL OF SEPTEMBER 24 , 1991 H.R.A. .MINUTES Motion by Wagner, second by Marks to approve the minutes of the September 24 , 1991 H.R.A. meeting as presented and there were no corrections nor additions . Motion carried unanimous 5 . PRESENTATION OF CLAIMS A. Dorsey & Whitney Motion by Marks , second by Enrooth to approve payment in the amount of $825 . 00 to Dorsey & Whitney law firm for legal services rendered through August 31 , 1991 regarding the Lang-Nelson Project . Motion _carried_unan_imousl_y_ • •1 H.R.A. MEETING NOVEMBER 26 , 1991 3 PAGE 2 4 5 6 B . Dorsey & Whitney 8 Motion by Marks , second by Enrooth to approve payment in 9 the amount of $539 . 30 to Dorsey & Whitney law firm for 10 legal services rendered through September 30 , 1991 11 regarding Lang-Nelson Project . 12 1 ' J 14 Motion carried unanimously 15 16 17 Commissioner Enrooth inquired if there are on-going costs 18 being incurred by the H.R.A. for the Lang-Nelson project . 19 20 The City Manager responded he will bring all current 21 information regarding this matter to the next Council 22 work session . 23 24 25 C . Stuart J . Bonniwell 406 7 Motion by Marks , second by Enrooth to approve payment in 28 the amount of $1 , 665 . 00 to Stuart J . Bonniwell , Certified 29 Public Accountant , for audit and preparation of financial 30 report of the Housing and Redevelopment Authority of St . 31 Anthony for the year ended December 31 , 1990 . 32 33 34 _Motion carried unanimously 35 -, 36 37 D. First Trust National Association 38 39 Motion by Marks , second by Enrooth to approve payment in 40 the amount of $87 , 877 . 63 to First Trust National "_ 1 Association taxes paid on the Multifamily rousing .°,?veiue 42 Bonds ( St . Anthony Nursing Home Project ), . 43 44 45 Motion carried unani.nously. 47 48 The Ci ty ;,tanager advi sed that the proceeds to pay of f the 49 above are expected in December . 50 0- i E^ • H .R . A. MEETII':G NOVEMBER 226 , 1 9 9 1 PAGE 3 6 . MACALASTER MANOR REDEVELOPMENT Copies of the proposed C. D. B. G . Rehabilitation Project for N:acalaster Manor Apartments were distributed to the Council . The objective of the project is intended to modify and improve Macalaster Manor Apartments to provide good quality affordable housing for low and moderate income -residents . Ken Solie , who is a member of the partnership which owns the apartment complex , advised the Council he is requesting a statement of support from the City ' s Housing and Redevelopment Authority for his request for funding being submittted to the Ramsey County C . D. B. G. program. Mr . Solie advised that he and the City Manager had already met with representatives of Ramsey County and he felt this statement of support would be very helpful . He also noted that those persons they met with appeared to be very enthusiastic about the plans . It was Mr . Solie ' s observation that the intent of the C . D. B.G . program is to supply funding for rehabilitation and remodelling of living units for low and moderate income individuals . He felt that Macalaster Manor Apartments met all of the criteria of the program and the current tenant base fits the definition. Mr . Solie acknowledged that there has been a performance problem in the apartment complex . He indicated he was aware of the high number of emergency and police calls made there . The partnership of owners has restructured the fina_:cing of the buildings .Mr . Solie advised that the application for funding must be made through the City combined wit; a Federal Housing Agency program. The Executive Director stated that to respond to this request the H . R .A. should pass a resolution of support . I�Ir . Sol ie would complete the appl icat ion to be ap_.D;C'Ved by tine H . R. A. He noted that Ramsey County administers and funds this progra;n whereas Hennepin County doe_ ;;o,,: . Rar•,sey County would no t ,nanag_ t he program. • H . R .A. MEETING NCVE_MBER 26 , 1991 FAGE 4 Mayor Ranallo recalled that the last time C. D. B.G. funds were used in the City was for the temporary plant . Mr . Solie indicated it is the intent of the owners ' partnership to convert some of the two bedroom apartments into three bedrooms and efficiency apartments and to make some handicapped accessible apartments available . , He also noted that the "Apartment Guide" brochure stated there is a demand for three bedroom apartments by low and moderate income persons . He feels a market can be established for handicapped accessible units . Mr. Solie intends to present this information to Ramsey County as he views it as advantageous . Fifty-one percent of the apartments in Macalaster Manor are available to persons of low or moderate income. Motion by Marks , second by Enrooth to give concept approval pending the return of the plans by Mr . Ken Solie . Motion carried unanimously The City Manager will see that the application is sent to Mr . Solie 7 . ADJOURNMENT Motion by Marks , second by Fleming to adjourn the H. R.A. meeting at 9 : 40 p .m. Motion carried unanimously Respectfully submitted, Jo-Anne Student , H. R .A. Recording Secretary ain thou iU l a a OVAL : DATE : APPR December 6; 1991 TO : Mayor and Councilmembers FROM : Thomas D. Burt, City Manager =TENT : LANEL TAX INCREMENT REQUEST The Autumn Woods project is an asset to the City of St. Anthony. Before the completion of this project, the area was problematic to the City, as well as difficult to develop land that was not generating revenue to the City. The City Council created a tax increment district to promote the development of this land. The City actively pursued developers to commit to a successful, attractive project. Two developers were nearly committed but backed out at the last minute. Fortunately, LaNel agreed to commit to a redevelopment project right before the tax increment district expired. Tax increment financing made it possible for LaNel to complete a redevelopment project of the caliber that was done. Both the City and LaNel calculated projections of necessary tax increment to be generated to ensure that the City and taxpayer backed bonding would be retired. The 1991 projection was$211,000, and the 1992 projection is$221,100. In actuality, the amount of generated tax increment was $290,784 in 1991, and the 1992 generated tax. increment is projected to be $275,586. The tax increment discussed is obtained from property tax. The initial property tax per unit projected was $1,100 per unit in 1991. The per unit property tax projections were made with 1988 State Legislature property tax class rate classifications. Since 1988,the Legislature has changed and manipulated this system. The result has been an increase in per unit property tax expenses. The extra expense of property tax per unit for this project has placed excessive and unforeseen burdens on operating expenses. The strain on operating expenses has placed the success of this project in jeopardy. LaNel is concerned that any additional increases in rent will increase the vacancy rate and-bring about a revenue loss. Due to the facts cited above, LaNel has requested from the City the infusion of $50,000 per year of the excess generated tax increment into the operating expenses of the project. The City does not believe in the guarantee of the infusion of$50,000 per year of excess generated tax increment. However, the case is clear for an infusion of $50,000 per year for 1991 and 1992, with a annual review until the bonds and the tax increment district are retired. This infusion is necessary to ensure the continuity of operations, as well as protecting the taxpayers from possible default. i AUTUMN WOODS Guaranteed Property Captured Surplus Increment Tax Paid Increment Increment 1991 $211,100 $322,570.22 $290,784.15 $79,684.15 1992 $211,100 $305,494.00 $2759586.43 $64,486.43