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Home My WebLink AboutPL PACKET 08151989 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100432 Box: 15 Folder: PL PACKETS 1989 Document: PL PACKET 08171898 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA AUGUST 15, 1989 7:30 P.H. CITY COUNCIL CHAMBERS I. Call to Order. II. Roll Call. • III. Approval of July 18, 1989 Planning Commission Minutes. IV. Designate Commission Representative to August 22, 1989 Council Meeting. V. Public Hearing. A. 7:35 P.M. - Grace Cooney, 2500 - 37th Avenue N.E. ; conditional use permit request. VI. Miscellaneous. VII. Adjournment. 1 CITY OF ST. ANTHONY PLANNING' COMMISSION MINUTES JULY 18 , 1989 The meeting was opened at 7 : 30 p.m. with the Pledge of Allegiance led by Chair Madden. ROLL CALL Present: Brownell , Franzese , Hansen, Madden , Wagner, Werenicz . Absent : London: Also Present : Susan VanderHeyden, Acting City Manager. JUNE 20 ,, 1989 PLANNING COMMISSION MINUTES Motion by Hansell seconded by Brownell , to approve . Motion carried unanimously. COMMISSIONER WERENICZ DESIGNATED TO REPRESENT PLANNING COMI.IISSION AT JULY 26TH CITY COUNCIL MEETING. PUBLIC HEARINGS At 7 : 36 p.m. Chair Madden opened the public hearing to consider the request from META Operating Limited Partnership for a variance from Zoning Ordinance Section 12 , Subdivision 9 (8) to construct a gravel parking lot at 2701 Kenzie Terrace . The Chair read the notice of the hearing which had been duly published in the July 5th Bulletin and mailed. No one present reported faiure to receive the notice or objected to its content . Staff Report In response to a question by Commissioner Wagner, Acting City �• Manager VanderHeyden reported the only information the City has on construction materials and methods planned by META is 2 contained in their petition'' for variance and attachments . Responding to a question by Chair Madden , VanderHeyden advised the Commission that , although the underground tanks have been removed from 'the property, the City presently has no information available to it concerning the PCA' s timetable for testing the soil . Commissioner Hansen referred Acting City Manager to a letter sent to the developers by the City about the condition of the lot and asked whether any response had been received. VanderHeyden said that META' s presence at this hearing was in response to that letter concerning a zoning violation. Daniel Tyson, Attorney for META Operating Limited Partnership Mr. Tyson reviewed META' s request to build a gravel parking lot versus a concrete or asphalt parking lot as required by zoning ordinance based on the fact that construction of a gravel parking lot is the optimum use of the property at this time . Mr. Tyson noted that Renzington is now nearly 100 percent occupied, and that additional parking accommodations are necessary. Mr. Tyson reminded the Commission that overflow parking was discussed at the time of the condominium project ' s original approval , but because the occupancy rate was low for such a long time the overflow parking situation was never addressed and resolved. Additionally, META ' has identified no long-term tenant for the property, Mr . Tyson reviewed the fact that the property had at one time been the site of a service station whose underground storage tanks had leaked, which fact was discovered in September 1987 when site excavation was undertaken. At that time, the PCA was called in to investigate the soil condition. Mr. Tyson told the Commission that he had met last week with Delta Environmental Consultants and a representative of the PCA to discuss the hydrologist ' s report which identifies required corrective measures , specifically, monitoring wells and additional testing. Mr. Tyson stated that the nature and scope of the testing and resolution of the soil pollution problem is undetermined at this time, and that META has concluded that constructing an asphalt or concrete parking lot would be a waste of money considering the fact that it might be demolished in the .course of testing and cleaning the soil . Mr. Tyson claimed that META is subject to undue hardships •� 3 which are unique to the property due to the fact that potential PCA cleanup requirements might involve constructing, removing and then reconstructing a concrete or asphalt parking lot at META' s expense, as well as the disruption to the immediate neighborhood involved in repeated construction and demolition. Mr . Tyson claimed that the undue hardship which is beyond the control of the property owner is the fact that the soil pollution is a condition which META inherited but did not create . Mr. Tyson stated that META would not change the essential character or use of the property, and would try to conform to the promises that were made to the condominium association with regard to overflow parking. Mr . Tyson referred the Commission to the drawing by Pfister Architects which depicts a 46-stall parking lot. He pointed out that the only variance requested by META is with regard to the materials to be used; that setback requirements would be met; that the portion of the property not to be used for parking would be maintained as lawn; that railroad timbers or some similar barrier would be installed along the perimeter of the parking areas; and that a smooth traffic flow will be maintained by designating an entrance and an exit to the lot . Commissioner Franzese asked Mr. Tyson what the term of the requested variance was . Mr. Tyson responded that META was asking for a one-year, renewable variance . Commissioner Franzese asked Mr . Tyson when work on the lot would commence. Mr. Tyson responded that META would go ahead with the project as soon as they could. He stated that META has allocated funds for the project and that they had a couple of bids out although nothing has come back yet. Commissioner Werenicz asked if Mr. Tyson knew where the PCA monitoring wells would be installed. Mr. Tyson responded that he understood the PCA to have recommended three wells , one to be upstream. He stated that his understanding was that the water flows downstream in a southeasterly direction, and thatone well would be installed in the proposed island area between the entrance and exit, and that one would be installed in the grassy area next to the parking area where the tanks had once been located. Commissioner Werenicz then stated that it appeared .to him as though the proposed wells wouldn' t interfere with the paved parking area itself . Mr. Tyson responded that they felt they might lose one or two parking stalls because at this time flush-mount wells are not available and that a pipe would extend above ground level , making necessary the installation of a barrier consisting of posts around the .protruding pipe. 4 • Mr. Tyson further stated that at this time he had no estimates on the cost of the cleanup operation , but that he had heard the cost might be as high as $150 , 000 . He noted that his client is legally responsible for the site cleanup although they had not created the problem. He reiterated that META felt that installation of an asphalt or concrete surface would be a waste of money at this time . Commissioner Werenicz pointed out that by the same token a gravel surface might have to be dismantled, and asked whether Mr. Tyson had any cost comparisons between a gravel surface and an asphalt or concrete surface . Mr . Tyson responded that he had none , but that he understood that once asphalt has been cut into that it is subject to further breakage. Commissioner Franzese asked whether the owner who had installed the storage tanks had any liabiity for the cleanup . operation. Mr . Tyson responded that the law reads that any owner or tenant of the property who may have caused the problem to occur is liable to the State and is jointly and severally liable to the current owner of the property. He stated that META also hoped to be able to apply to a special fund established by the State which provides financial relief to property owners for remediation of soil contamination problems . Commissioner Hansen asked Mr. Tyson to provide the Commission with specifics of the PCA' s plan of action. Mr . Tyson responded that last week the PCA had requested META' s consultant to prepare a report. He noted that Subterranean Engineering had prepared a report in the spring of this year and presented it to the PCA. The PCA at that time asked that additional tests to be performed, and those tests were also made. The site study has subsequently been delayed due to personnel changes within the PCA and to merger of Subterranean Engineering with another company. Mr . Tyson' s most recent communication from the PCA was a letter approximately a month and a half ago suggesting that the studies be recommenced. Mr . Hansen again asked for the PCA' s timetable . Mr. Tyson reponded that at this time Delta is in the process of preparing a cost estimate of their services to META and a list of the soil tests which need to be performed. Mr . Tyson stated that he expected to receive those cost estimates within a day, and that once they were received that META would be in a position to hire a new engineering company to drill the wells and perform the tests after their consultant redetermines the correct location of the wells based on water 5 • flow. He indicated that Delta hoped to have a final remediation plan prepared for submission to the PCA by October . Commissioner Franzese asked whether any remediation was planned for any potentially contaminated water in the area. Mr. Tyson indicated that at this time the extent of the - contamination is unknown and will not be known until the monitoring wells are in place . Commissioner Franzese then asked whether META had considered finding an alternate parking area for its employees which would provide some immediate relief to the tenants . Mr. Tyson responded that, due to the employees ' irregular hours and the safety and security issues involved, META felt that employee parking should be close to the building. Alice Finley, manager of the Kenzington Condominium Association, responded that at this time all employees are parking in the overflow parking area. Mr. Tyson noted that the outside parking beside the building was reserved for visitors only. He stated that the overflow parking area would be carefully monitored to exclude unauthorized parking . • Commissioner Hansen stated that he had investigated the cost of a gravel versus a low-stress asphalt parking surface, and had discovered that asphalt might be as cheap as gravel . He noted that META has already decided to assess the association $10 per parking stall for the cost of paving the overflow parking area, and, wondered why, if META had been able to determine the amount of the assessment, they were not able to provide cost estimates of gravel versus asphalt or concrete to the Commission. He asked upon what figures the assessment had been based. Mr. Tyson indicated that he did not have that information with him. Commissioner Hansen asked that those figures be provided to the Commission, and Mr . Tyson agreed to forward whatever cost information was available to the Commission. Mr . Tyson indicated, however, that the nature of META' s hardship i-s not purely economic . He noted that the property will be the subject of future excavation and that a concrete or an asphalt parking surface is perceived to be permanent , whereas the nature of gravel is temporary. Commissioner Hansen noted that conrete and asphalt are as readily removable as gravel . Commissioner Franzese asked whether Mr. Tyson knew why there were only 12 parking spots outside the building instead of • the 15 originally planned, but Mr. Tyson was not aware of the reason for that . 6 Commissioner Wagner asked Mr . Tyson for an assurance that . if the Commission approved the variance for a gravel parking lot, the lawn, timbers, and gravel would be properly maintained. Mr . Tyson agreed that such maintenance would be performed, Commissioner Brownell asked whether Mr . Tyson felt that the current parking declaration between META and the residents of Kenzington was no longer in force. Mr . Tyson agreed that it was not . Commissioner Brownell then asked Mr. Tyson whether it was META' s intent to provide a new agreement or declaration once the overflow parking area was built, which Mr. Tyson affirmed. He stated that the current agreement was inaccurate due to the fact that building and lot improvement plans were never carried out . Commissioner Franzese asked where the residents who have more than one car currently park . Mr. Tyson stated that there were condominium 150 units and 142 parking stalls but that not everyone who owns a unit also owns a parking stall . Acting City Manager VanderHeyden stated that the lot was the overflow parking area for the residents as well as the visitors . Chairman Madden opened the hearing to the public . Mr. Paul Wehr of 2616 27th Avenue Northeast stated that several years ago former City Manager Childs and the Mayor had promised that a fence would be installed along the alley to prevent people from cutting across from Wilson Avenue to Kenzie Terrace . He stated that when the Legion Hall occupied the property they had installed a blacktop barrier, which proved to be ineffective, and wondered whether railroad ties would be any better . Carole Sorenson of 2626 Kenzie Terrace, housing manager of Walker on Kenzie, noted that she was in favor of the parking lot . She stated that from time to time Walker on Kenzie had experienced problems with unauthorized parking on their property by visitors to Kenzington . She asked how Kenzington owners would mark parking spots on a gravel surface, and how they planned to monitor indiscriminate parking such as a motor home or a boat and trailer. Evelyn Hedburg of 2601 Kenzie Terrace noted that current parking for Kenzington is inadequate, and stated that she was concerned that the residents of Kenzie Terrace have a • permanent overflow parking facility. Ms . Hedburg inquired as 7 to how snowplowing could be done on a gravel lot . She also noted that the residents of Kenzington whose units face the parking lot would be subject to dust raised by traffic on a gravel lot. George Mitchell of 2601 Kenzie Terrace noted that Kenzington ' s visitor parking is inadequate. He wondered whether the Planning Commission had had anything to do with the parking design for the building. He stated his preference for an asphalt parking lot . He suggested that parking stalls could be marked on bumper posts . He indicated that he would prefer permanent overflow parking, and that he would like to see META donate the overflow parking area to Kenzington as a permanent parking facility. He also stated that the Kenzington is built on too small a lot , resulting in inadequate parking. Bill Hedburg of Kenzington stated his preference for a permanent parking facility. He suggested that the parking lot be lighted for security and safety reasons . Mr . Mitchell Arduser of 2601- Kenzie Terrace stated that, from his experience in the construction industry, the best way to • construct a parking lot is to lay down a gravel bed and allow it to settle before paving with asphalt. No further questions forthcoming from the public, Chair Madden re-presented the questions submitted to Mr. Tyson for his response. Mr . Tyson stated that the combination of a ten-foot strip of grass along with timbers would adequately prevent traffic from cutting across from Wilson to Kenzie. He indicated that the proposed timbers are generally considered not to be mountable by vehicles , and would be anchored into the ground so that they could not be removed. He noted that the Legion post ' s use of the property was very different from what Kenzington' s use of the property will be, and foresaw a more orderly traffic and parking pattern . Mr . Tyson indicated that fencing would be in the nature of a permanent structure and inconsistent with a temporary parking lot, and declined to commit to erecting a fence as a barrier . Mr. Tyson agreed that it would not be possible to paint stripes designating parking stalls on a gravel surface. Ms . Finlay asked to be allowed to respond to the question of • monitoring unauthorized parking. She suggested that each parking stall be marked with a bumper post, and that 12 a stalls be reserved for staff . For those residents who want an overflow, second parking spot, the bumper post would be designated with their name and a fee would be charged for that second parking spot . The remainder of the parking spots would be designated for visitors . She stated that the Kenzington advisory committee had recently voted to allow second- and third-shift staff parking in the visitor area in front of the building due to lack of visitors during those hours . She stated that lighting was a new concept to her and had not previously been discussed. She suggested that bumper stickers could be provided to staff and residents using the overflow parking area , and that visitors would be required to register at the front desk. Chair Madden asked Mr. Tyson how long he felt META would be able to provide overflow parking to the residents of Kenzington. Mr . Tyson responded that he would ask META that question, but that the answer would probably depend upon the ultimate use of the property. Chair Madden suggested that snowplowing gravel was not possible, and that a low-impact asphalt surface would be suitable for all seasons . Mr . Tyson concurred with Ms . Finlay that there are no current plans to light the overflow parking lot. Commissioner Franzese asked where street lighting was located in the vicinity of the parking lot, but that information was unknown. Evelyn Hedburg stated that the Kenzington residents were originally informed that they were allowed to park in the overflow lot evenings and weekends , but that there are many times during the week when overflow parking is needed. She reiterated that a temporary parking situation is inadequate for the needs of the residents . Commissioner Wagner responded to George Mitchell ' s concern about the Planning Commission ' s involvement in Kenzington' s parking design. He noted that the Commission had originally questioned the number of parking places planned and had recommended more, but had received assurances from the developer that on a condominium basis the number of parking spots was adequate. Dick Parrill of 2601 Kenzie Terrace noted that the building was originally planned to be four stories instead of five, and that when the fifth floor consisting of 25 units was added no parking spaces were added. He reminded the Commission that they and the Council had approved the addition of the fifth floor as it was presented to them. • Commissioner Wagner stated that the final plan was approved 9 • inluding the parking for the number of units , and that it was based on assurances by the developer that the number of parking spaces planned was adequate. Chair Madden invited Mr . Tyson to make his closing statement . Mr . Tyson acknowledged that the discussion had raised many questions not anticipated by META, and that he would present those issues to META. He reiterated that denial of the variance request would be a hardship, and asked that the variance for a gravel lot be recomended by the Commission. Helen Skirka of 2601 Kenzie Terrace stated that it is obvious that the size of the building is far too large for the parking provided, and stated her belief that the Commission did not properly consider the amount of parking required for . the addition of a fifth floor to Kenzington . Commissioner Franzese stated that the situation at the time was constantly evolving, and that originally only one level of parking was proposed until the second level was added, and that the developer at one time had intended to provide underground visitor parking. Mr . Arduser suggested that the City should install a street • light at the location of the parking lot, which would resolve the lighting issue. Commissioner Franzese asked Mr. Tyson whether META had a reason beyond cost considerations for installing gravel as opposed to asphalt or concrete. Mr . Tyson responded that' the point of installing a flexible surface is to ease the remediation efforts . Chair Madden , in response to a question by Bill Hedburg, clarified the use of the word "temporary" to refer to the use of gravel versus asphalt , rather than the use of the property as overflow parking. There being no further discussion, Chair Madden closed the public hearing at 3 : 46 p.m. COM14ISSION REACTION Commissioner Hansen expressed concern about the absence of information about the PCA' s timetable. He stated that this lack of information leads him to believe that a temporary situation could easily involve into a permanent one . He objected to the fact that, although the cost of the project had been presented to the Commission as one of META' S concerns , no actual cost estimates were made available to the to Commission for its consideration. He stated his belief that an asphalt surface might be as cheap as gravel to install and would certainly be easier to maintain. He pointed out that a gravel parking lot in the vicinity of the St . Anthony Shopping center would detract from the recent redevelopment efforts in that area . He stated that the real hardship lies with the residents of Kenzington, and that the Commission has a responsibility to listen to their need for a permanent overflow parking facility. He indicated that he would like the Commission to delay making a recommendation until more information such as cost estimates and a cleanup timetable can be presented to the Commission for their consideration. Commissioner Wagner stated that the Commission should make an immediate recommendation based on the Kenzington ' s immediate need for improved overflow parking. He noted that the PCA is notoriously slow and that to wait for information from the PCA might mean deferring a recommendation indefinitely. Commissioner Wagner expressed the opinion that the variance should be granted for only six months rather than one year , and that at the end of six months a determination should be made as to whether an asphalt or concrete surface can be installed . O Commissioner Werenicz agreed with Commissioner Hansen that asphalt should be installed, and also agreed with Commissioner Wagner that time spent waiting for information from the PCA would be ill spent . He expressed the view that if the gravel surface is recommended and after a year the PCA information is still not available , the applicant would - return asking for another ' s year ' s extension for the gravel surface, which would be unsatisfactory. Commissioner Franzese agreed with Commissioner Hansen on the need for figures, but expressed the opinion that some sort of surface should be installed as soon as possible. She agreed with Commissioner Wagner that the renewal period should be six months rather than one year . Commissioner Hansen reiterated that the Commission has no information indicating that asphalt is more expensive to either install or demolish than rock, and stated that asphalt is easy to patch. Commissioner Brownell expressed his discomfort with approving the request as presented because of the absence of information regarding the. PCA timetable. He acknowledge .that META does intend to provide overflow parking to Kenzington residents, but stated that he saw no compelling reason for n gravel as opposed to asphalt . �•/ 11 Chair Madden pointed out that six months from now would be the middle of winter and that parking lot demolition or construction, no matter what the material , would not be practical at that time . He pointed out that asphalt is easily removable, and opposed granting a long-term variance. Commissioner Wagner obtained permission from Chair Madden to address Mr . Tyson . He asked Mr. Tyson what would happen to the parking lot if the Commission and the Council denied META' s request . Mr. Tyson indicated that he had no answer to that question. He said that gravel was the only type of surfacing that had actually been discussed, but that the Commission meeting had raised a great many issues which he would bring back to META for consideration. PLANNING COMMISSION RECOMMENDA'T'ION Motion by Wagner, seconded by Franzese, to recommend that the Council grant a variance to META Operating Limited Partnership to construct a gravel parking lot at 2701 Kenzie Terrace for a period of three months based on required future • environmental tests on the soil of the parking area; the three-month time period to commence with Council approval. Discussion on the Motion Commissioner Hansen noted that if the gravel proves unsatisfactory after three months that the City would have difficulty making the developer pave the lot with asphalt or concrete even if the Commission were to deny the applicant ' s renewal request at that time . Commissioner Franzese expressed the opinion that the Commission was trying to help the residents of Kenzington to obtain desirable parking, but that they were faced at this time with dealing with a limited offer . Commissioner Hansen pointed out that META never said they wouldn ' t blacktop the lot and that the tradeoff was unknown . Chair. Madden noted that much more information will be available from the PCA, from META, and from the Kenzington residents when META returns in three months , and that allowing a gravel parking lot for three months would not significantly detract from .the area' s appearance. Commissioner Franzese suggested that Mr. Tyson obtain the information requested by the Commission in time for the City Council meeting. 12 Voting on the motion: Aye : Brownell , Franzese, Madden, Wagner . Nay: Hansen, Werenicz . Motion carried. Chair Madden advised Mr. Tyson to be present on July 26th for the City Council meeting and to bring the additional information he is able to obtain to that meeting. MISCELLA14EOUS Signage Along Silver Lake Road Acting City Manager VanderHeyden informed the Commission , in response to -questions raised at the last meeting, that the Hardee ' s sign is a masonry sign but was covered with stucco to match the building. She also noted that Vargas has been sent two notices regarding its no.n-conforming sign on Silver Lake Road and that St. Anthony Self-Storage has been sent a notice of non-conformance . META Partnership Variance Commissioner Hansen expressed the opinion that the META partnership has been consistently uncooperative in its dealings with the City. He pointed out that META had offered no exhibits of groundwater pollution in its presentation, and wondered why the City didn' t appear more concerned if there truly is groundwater pollution at that location. Acting City Manager VanderHeyden affirmed that the City is. concerned about pollution within its limits, but cited the difficulty and slowness of dealing with the RSPCA and the EPA. Commissioner Franzese expressed the hope that the gravel parking lot would serve the Renzington residents temporarily, and pointed out that paving the lot with gravel , albeit not the most desirable surface, is a first step to improving the lot. Commissioner Hansen said he felt that META' s prime motivation for paving the parking lot was tenant pressure, and that tenant pressure might also motivate META to use blacktop or concrete in the future rather than gravel .- St . Anthony Shopping Center 13 Chair Hadden noted that both the I•_ontessori school and the library have two signs and wondered why the Commission could not allow Nationwide Sewing and Vacuum, on a similar corner location as the library , to have two signs . Acting City h5anager VanderHeyden responded that the store owner was unsure about his future course of action and had decided to wait to return to the Commission until August . Chair Madd-n referred to statements made by Joseph D.iSanto of Victoria Management indicating that , if tenants so lobbied , the sign band could be wrapped around the side of the building to allow signage on the side of the building . Chair Madden noted that Nationwide Sewing and Vacuum is in a very visible location and that the side of the building is a very desirable location for a sign . Commissioner tdagner indicated that his impression of the feeling of the Council was that Council members would not look favorably on Nationwide Sewing and Vacuum erecting its old sign on the side of the building. Acting City Manager VanderHeyde-n noted that the Chamber of Commerce had appointed a special committee to study the sign_ ordinance and make recomn-endations to the Citv . She • commented that the Chaffiber had invited a member of the Planning Commission to join the committee. The consensus of the Commission was to allow the committee to work independently . The Commission then reviewed the actions of the City Council regarding its June 20th recommendations . ADjOURNtriE T Motion by I',adden , seconded by Brownell. , to ad-journ the meeting at 3 : 27 p.m. I✓otion carried unanimously . Respectfully submitted, Doris Hoskin , Secretary • f J. ,M6nthou illa e DATE : APPROVAL = August 10, 1989 TO : Planning Commission Members F ROM : Sue VanderHe den Acting City Manager 2 TEM : CONDITIONAL USE PERMIT FOR 2500 - 39TH AVENUE N.E. A conditional use .permit was approved in December, 1988, to Ms. Grace Cooney to operate the Touch of Life School of Massage at 2504 - 39th Avenue N.E. in the Apache Squares Building. After the permit was granted, Ms. Cooney became aware that the owner of the Apache Squares Building had decided not to rent any space until the building was sold. Ms. Cooney was informed by her real estate agent that a buyer was interested in the building and in having the Touch of "Life School of Massage as a tenant, and a rental agreement could be made after the final transaction concerning the purchase of the building was completed. However, the building was not purchased, therefore the School of Massage was not able to locate there. Ms. Cooney does not wish to wait .for the building to be sold (there are no prospective buyers at this time so she has located new space at 2500 - 39th Avenue N.E. in the Apache Office Park building directly across Apache Lane from the Apache Squares Building. It is necessary for a new conditional use permit to be approved for the new location. Enclosed are the Planning Commission and City Council minutes stating the motion and conditions approved. :cjk8. 15.89 • Date:_ A>>r•uet 1 _ 1o.=,A Fee: S100_jG9_ . CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT (other than day care center) Applicant: Grace Cooney Phone: .P I _P03 5 Address: 1 PPLO� Overl noel- i�na r? Ila n Status of applicant (owner, buyer, renter, agent, etc. ) : Street address and/or legal description of property in question: 2700 39th Av 1�.T Zoning district in which property is located: g7- Annn�r Conditional -use proposed: Trnich of T.; I's- 4r1hnnl r-i -ragcave (C1 ?s_A arca treatmPnts in -hilpre-relitic �aSca. of Minnesota Statutes and City .Ordinances require that the following conditions be satisfied before a conditional use may be authorized. • Please respond to these conditions, using additional sheets, if necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. see attached sheet 2) The proposed conditional. use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community. Signature of applicant: • 1 ) The location fot thle prc_:osed site of the school will be in a Commercial "C" zoni-Ing classification. 2) The )roposed conditional use rill not be detrirr_e,-:tal to the • general -;ublic or injurious to the property values as it is a business which will be healthful to the public because it deals sreci fically with stress reduction. It will be a business i:elcoDed by other businesses in the area. 3) This conditional use will provide a definite service io , the cor_u_nunity as it is health orientated; a therapeutic service vinich Yri l! affect -_peo-,le' s _hysical , 6motio-al , and }rental ;.°ell beir.-. • CITY OF ST. ANTHONY NOTICE OF HEARING CONDITIONAL USE PERMIT TO WHOM IT MAY CONCERN: Notice is hereby -given that there will be a public hering by the Planning Commission of the City of St. Anthony on Tuesday, August 15, 1989 at 7:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose of considering: A request from Grace Cooney for a conditional use permit to allow the operation of a school of massage and therapeutic massage treatments in a Commercial "C" zoning classification. The specific location of .the proposed use is 2500 - 39th Avenue N.E. ( just west of the Apache Plaza main center) . 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 Acting City Manager, 789-8881. Sue VanderHeyden Acting City Manager Publish: St. Anthony Bulletin August 2 , 1989 MAILING LIST - 2500 - 39TH AVENUE N.E.' 8/89 • C. G. Rein Pizza Hut American Family Insurance 949 Sibley Memorial Hwy. 3801 Stinson Boulevard 3800 Apache Lane St. Paul , MN 55118 St. Anthony, MN 5.5421 St. Anthony, MN 55421 Apache Car Wash Firestone Ed's Self Service Car Wash 3725 Stinson Boulevard 3901 Stinson Boulevard 2415 - 39th Avenue N.E. St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 Sentinel Management JVK Quality Homes, Inc. EFH 5151 Edina Industrial Blvd. . 149 -1�S�f7�' N•u�• 1601 East Hwy. 13 Minneapolis, MN 55435 Coon Rapids, MN 55433 Burnsville, MN 55337 Re: Equinox Apartments Re: 3803-13 Stinson Blvd. Re: 2504-39th Ave. N.E. • JJ�Q�7ti7ff�'L L%/ -C`-Jam''-�✓.`�'L-G7C� 1 Commissioner madden said he was also pleased with the reduction of the 2 sign's size from what was proposed last month and and that there would • 3 be adequate distance between the sign and the two abutting roadways. 4 The Commissioner added that he certainly preferred this sign to the two 5 new signs which had been recently erected on the City's Stonehouse which 6 he stated were in his estimation "very tacky and set a poor example for 7 private industry. " 8 Commission -Recommendation 9 Motion by Franzese, seconded by Madden to recommend the City Council 10 grant the request from R. L. Johnson Investment for a variance from 11 the sign regulations of the City code which would allow the installation 12 of a free standing sign at 3055 Old Highway 8 in accordance with the 13 specifications for a 9 foot X 5 foot, 4 inch sign with a three foot tall 14 base (overall height of 8 feet, 6 inches) in' the location proposed by 15 the applicant during the continuance of the public hearing on the 16 proposal conducted by the Planning Commission, December 20, 1988. The 17 Commission further recommends the variance be granted upon the condition 18 that: 19 1. the proposed sign would be in lieu of all other permitted wall signs 20 provided for that building in the City Ordinance; . 21 2. all current leasing and identification signs and banners on and next 22 to the building be removed as soon as the permanent signage is 73 positioned, sometime around March 1st; and •24 3. all sign lighting be turned off by 10:00 P.M. 25 In recommending the variance be granted, the Planning Commission finds 26 that: 27 a. the new proposal appears to address the concerns of the residents who 28 live near the building which had been communicated to Commissioner 29 Hansen; 30 b. all three conditions which are statutorily required to be satisfied 31 have been satisfactorily addressed with the revised signage proposal. 32 Motion carried unanimously. 33 Massage School and Therapy Center, 2504 - 39th Avenue N.E. Approved 34 Subject to Conditions 35 At 8 :19 P.M. the Chair opened the public hearing to consider the 36 application from Grace Cooney for a conditional use permit to allow the 37 operation of a school of massage and therapeutic massage treatments in 38 a Commercial "C" zoning classification, in the Apache Squares Building 39 just west of the Apache Plaza mall. • 5 1 Chair Wagner read aloud the Notice of the Hearing which had been • 2 published in the December 7th Bulletin and sent to all property owners 3 of record within 350 feet of the subject property. None of these were 4 present to report failure to receive the notice or to object to its 5 content or to the permit itself. 6 Staff Report - Mr. Childs 7 The City Manager in his December 14th memorandum to the Commissioners 8 had drawn comparisons between this proposal and the permit issued to 9 Rehab Dynamics in March, 1988. He indicated that because the new 10 facility would not be in the Apache Medical complex but rather in a 11 small shopping center and the applicant's hours of operation appear to 12 be later in the day, he perceived there might be a need for modifying 13 the hours of operation' somewhat in respect to that condition but 14 recommended the other two conditions be repeated with this permit. 15 The City Manager indicated further that: 16 *the applicant had also indicated a willingness to abide by the code 17 of conduct provided by the American Massage Therapy Association which 18 was one of the conditions imposed on Rehab Dynamics; 19 *the minutes of the meetings which dealt with the Apache Medical 20 facility had been included in the Commissioners' agenda packet for 21 reference; 22 *the packet had also included Ms. Cooney's application in which she 23 had specifically addressed the three conditions statutorily required 24 to be satisfied before a conditional use permit can be authorized; - 25 uthorized; -25 *the only call staff had received in response to the Notice of the 26 Hearing had been from Mr. Cavanaugh, President of C. G. Rein Company, 27 the Apache managers, who had just wanted further information regarding 28 the proposed facility but had no objections to it .once Mr. Childs had 29 explained what the permit entailed; 30 *told Commissioner Franzese staff had received no complaints 31 related to the Rehab Dynamics facility. 32 Proponents - Grace Cooney and her husband, Mike, 12940 Overload Road, 33 Dayton, MN 34 Ms. Cooney: 35- >reiterated much of the information contained in the November 29th 36 letter attached to her application in the Commission agenda packets 37 along with other documents indicating more about her school and 38 professional standing; 39 >reported both her business and students in the Touch of Life School 40 of Massage she operated out of her home at the above address had • 6 1 increased to the point where she needed more space, especially office • 2 space, than was available in her home; 3 >told Chair Wagner she had found affordable space in the new Apache 4 Squares building which she had picked because 1) she had lived at two 5 New Brighton locations since 1969 before she moved to Dayton and knew 6 the area well and 2) due to the fact that there were no massage 7 schools in the suburbs where there were many in Minneapolis; 1. 8 >indicated she would like to continue to teach students massage for 9 their own use on family or friends or to seek employment in 10 chiropractic clinics, health clubs, or beauty shops where therapeutic 11 massage services are offered; -12 >said in addition to her school, she would like to be able to offer 13 therapeutic massage treatments on an individual basis in her new 14 location during the day and after work up until a little after 7:00 15 P.M. However, because the four hour classes she offers once a week 16 don't end until 10:00 P.M. , she would need permission to keep the 17- business open to 10:00 P.M. 18 >the massage school director described the qualifications for 19 receiving a certificate from her school, indicating that there are 20 now state rules for licensing or certification in that field. She 21 indicated 13 states do license and require from 200 to 1,000 hours of 22 class time for certification, which her school could not grant because •23 her basic class is for only 45 hours; 24 >told Commissioner Werenicz that although her primary business in the 25 past had been her massage school , she now wanted to be able to offer 26 massages which would help pay the rent at the new location; 27 >said she would use her students to give the massages and envisioned 28 having only one besides herself 'to start out with but at the most' 29 would use two other massagers at this location; 30 >indicated she would probably not want to offer massage appointments 31 much after 6:00 P.M. on nights she wasn't conducting classes; 32 >indicated she only had 8' students in her Dayton facility now and 33 anticipated growing into only 20 for her new offices; 34 >told Commissioner Franzese that if there was a demand for massage 35 treatments on the weekends she would like to offer them but only on 36 Saturdays until noon; 37 >said the only time she would be open on Sundays would be for the 38 seminars she now holds twice a year on subjects like sports massages 39 which are conducted by a lecturer from out of state and for an 40 occasional weekend workshop which she conducts from 9:00 A.M. to 6:00 41 P.M. • 7 1 When Chair Wagner pointed out that the hours of operation for Rehab • 2 Dynamics had been restricted to only Medicare approved 'times which 3 probably wouldn't extend into the evening hours, Ms. Cooney indicated 4 it would be very important for her to be able to hold classes in the 5 evenings to accommodate students who worked during the day. She said 6 she saw no reason for conducting massage treatments after 10:00 P.M. and 7 agreed not to hold seminars on Sunday before noon. The school director 8 said she had no problem with the other conditions the City had imposed 9 on Rehab Dynamics and reiterated that she also was a member of the 10 American -Massage Therapy Association, as indicated in the copy of 11 the certificate in the agenda packet, and would be complying with the 12 standards of conduct they had established. 13 There being no one else present to speak for or against the permit the 14 hearing was closed at 8: 31 P.M. for Commission discussion. 15 The Chair told Commissioner Franzese he perceived the City would want 16 to continue to impose conditions on this type of activity in the City 17 and would therefore not want to make -therapeutic treatment centers 18 permitted uses over which the City had no control . Mr. Childs pointed 19 out that if the application had only been for a massage school, no 20 permit would have been necessary because a school would have already 21 been a permitted use in that zoning district, but the City Attorney had 22 recommended that a more restrictive approach be taken regarding 23 therapeutic massage treatment centers. It was noted that one of the 24 other -tenants in that same building, Domino's Pizza, stayed open late 25 most nights for pick up and phone delivery service. 26 Commissioner Madden indicated he could see no reason for treating this 27 business any differently than any other business which operates in the 28 City on Sundays. The consensus was that the hours of operation for 29 Rehab Dynamics had been restricted to the hours it had only because 30 those were the hours the applicant had asked for. Commissioner 31 Werenicz' concerns about allowing massage treatments much past 10:00 32 P.M. were accepted in view of the fact that the applicant had indicated 33 her classes would be out by then and the fact that Ms. Cooney had 34 indicated she didn't intend to take appointments for massage treatments 35 past 6 :00 P.M. and at the latest they would be finished shortly after 36 7:00 P.M. The Commissioners concurred that the second condition 37 imposed on the Apache Medical Building massage treatment facility 38 should provide the necessary safeguards against any illegal activities. 39, The maker of the following motion said the documents in the agenda 40 packet attesting to the applicant's reputation and professional training 41 as well as her stated intent to comply with the code of ethics of the 42 massage association had convinced him that concerns which might be 43 valid for other treatments centers of the same nature should be no 44 problem with this particular facility. commissioner Hansen also pointed 45 out that he was recommending the permit be issued only to Ms. Cooney, 46 Director of the school which would assure that the permit couldn't be 47 transferred to another owner. There were no Commission objections to 8 1 restricting the Sunday hours of operation to noon when the Apache Mall • 2 opened. 3 Commission Recommendation 4 Motion by Hansen, seconded by Brownell to recommend the City Council 5 grant the Touch of Life School of Massage, Grace Cooney, Director, the 6 requested conditional use permit for the purpose of providing a 7 therapeutic massage as well as instruction in such at 2504 - 39th Avenue 8 N.E. (Apache Squares Building, just west of the main Apache Plaza mall) 9 which is in -a commercial "C" zoning classification. 10 The Planning Commission further recommends the permit be granted only 11 under the following conditions: . 12 1. hours of operation would be restricted to from 8:00 A.M. to 10:00 13 P.M. , Monday through Saturday and noon to 6:00 P.M. on Sunday; 14 2. the permit would be automatically revoked if there is any violation 15 of applicable City or state statutes related to criminal sexual 16 conduct by any person associated with the operation; 17 3. the massage therapy and training offered in this center must comply 18 with the code of ethics and definition of massage therapy established 19 by the American Massage Therapy Association which had been provided �20 by the applicant. .1 In recommending this permit be granted, the Planning Commission finds 22 that: 23 a. there was no opposition to the permit demonstrated either before or 24 during the Commission's December 20, 1988 hearing; and 25 b. all three conditions statutorily required to be satisfied before a 26 conditional use permit may be authorized appear -to have been met with 27 this application. 28 Motion carried unanimously. 29 After the applicant had left, Commissioner Brownell reported he had 30 called Dayton and talked to the City Administrator and the Clerk who 31 had- both reported having no problems with Ms. Cooney's operation in 32 their community. 33 The City Manager then updated the Commissioners on the curb cut for the 34 Kenzington Apartments of St. Anthony project for which the redevelopers 35 had resited some buildings so only 37 of the underground parking stalls 36 in the senior building would use that driveway for exiting onto Kenzie 37 Terrace. He said the final plans would :be submitted and the closing 38 scheduled for January 10th not December 22nd as originally thought 39 because Lang/Nelson had become very concerned about having all tenants �0 physically out of the project property before they purchased it from 9 • 1 of the , public hearing on the proposal conducted by the Planning 2 Commission, December 20, 1988. This variance is granted upon the 3 condition that: 4 1. The proposed sign would be in lieu of all other permitted wall signs 5 provided for that building in the City Sign Code. 6 2. All current leasing and identification signs and banners on and next 7 to the building would be removed as soon as the permanent signage is 8 positioned, sometime around March 1, 1989. 9 3. All sign lighting be turned off by 10:00 P.M. 10 In granting the variance, the Council finds, as did the Planning 11 Commission that: 12 a. the new proposal seems to address the concerns of residents who live 13 near the building which had been communicated to Commissioner Hansen 14 prior to the hearing on the proposal; 15 b. all three conditions which are statutorily required to be satisfied 16 have been satisfactorily addressed with the revised signage proposal. 17 Motion carried unanimously. �8 Conditional 'Use Permit Granted for Massage School and Therapeutic 19 Treatment Center in Apache Squares Building 20 Chair Wagner indicated the discussion of this application for the most 21 part centered on the hours of operation because the Commissioners were 22 wary of having such a facility operating all hours of the night. . He 23 said the applicant, Grace Cooney, 12940 Overlook Road, Dayton, MN, had 24 assured them that there was no need to keep her Touch of Life School of 25 Massage open past 10:00 P.M. because the evening classes she conducted 26 would be out by that time. Weekend hours were necessary to accommodate 27 the occasional seminars Ms. Cooney testified she needs to hold in the 28 facilities. The Commission Chair indicated the Commissioners had 29 recommended the offices should only be open -from noon to 6:00 P.M. on 30 Sundays. 31 Ms. Cooney was present and indicated the Sunday hours would be no 32 problem for her because she didn't like working Sunday mornings either. 33 Chair- Wagner drew the Council's attention to the conditions the 34 Commission recommended be imposed on this permit, which had been taken 35 from the permit granted Rehab Dynamics, another massage facility 36 approved in March, 1988, saying this applicant also belonged to the 37 American Massage Therapy Association, as well as the long list of other 38 professional associations listed in the agenda packet. He also 39 indicated the school's standing in Dayton had been checked out and there •40 was no reason to believe Ms. Cooney's would not be "a fine operation for 41 St. Anthony. " _ 6 • 1 Council Action 2 Motion by Marks, seconded by Makowske to grant the Touch of Life School 3 of Massage, Grace Cooney, Director, the requested conditional use permit 4 for the- purpose of providing therapeutic massage as well as instruction 5 in such at 2504 - 39th Avenue N.E. (Apache Squares Building, just west 6 of the main Apache Plaza Mall) which is in a commercial "C" zoning 7 classification. This permit is granted only under the following 8 conditions: 9 1. The hours of operation would be restricted to from 8:OO A.M. to 10:00 10 P.M. , Monday through Saturday, and noon to 6:00 P.M. on Sunday. 11 .2. The permit would be automatically revoked if there is any violation 12 of applicable City or state statutes related to criminal sexual 13 conduct by any person associated with the operation. 14 3. The massage therapy and training offered in this center must comply 15 with the code of ethics and definition of massage therapy established 16 by the American Massage Therapy Association, a copy of which had been 17 provided by the applicant. 18 In granting this permit, the Council, as did the Planning -Commission, • 19 finds that: 20 a. there was no opposition to the permit demonstrated either before or 21 during the Commission's December 20, 1988-hearing on or the Council's. 22 December 21, 1988 consideration of - the application; and 23 b. all three conditions required to ,be satisfied before a conditional use 24 permit may be authorized appear to have been met with this 25 application. 26 Notion carried unanimously. 27 Seasonal Greeting From Councilmembers Returned to Commissioners 28 Mayor Sundland thanked the Commission Chair for his report and for his 29 conveyance of the Commission greetings to the Council which were 30 returned by the Council along with their thanks for all the help the 31 Commissioners had provided the past year. 32 COUNCIL REPORTS 33 Christmas Greetings Exchanged 34 Mayor Sundland then extended his own and his wife, Ardelle's, best 35 wishes for a Merry Christmas to everybody on the City Council, staff 36 and everyone else associated with the City's operation as well as all • 37 the residents and businesses in St. Anthony. The other Councilmembers 38 echoed his wishes. . ain thou illa e • DATE : APPROVAL =� December 14 . 1988 TO : Planning Commission Members FROM : David M. Childs, City Manager ITEM REQUEST FROM GRACE COONEY FOR CONDITIONAL USE PERMIT - FOX SCHOOL OF MASSAGE & THERAPEUTIC MASSAGE TREATMENTS, 2504-39TH. This is the second request for a conditional use permit for a massage facility in St. Anthony this year (Rehab Dynamics, March, 1988) . I would not predict, however, that we will see an epidemic of such uses just as we haven't been overrun by body tanning salons, etc. I expect that a growing acceptance of massage as a legitimate business may have increased interest in such businesses at this time. This request differs from the Rehab Dynamics request (minutes attached) in several ways: *Ms. Cooney proposes a school of massage and therapeutic massages , located in a small shopping center; *Rehab Dynamics was specifically a part of a occupational therapy .and rehab facility and was a Medicare approved facility in conjunction with the Apache Medical Complex; *hours of operation appear to be somewhat later in the day for Ms. Cooney's proposal; *both follow the code of conduct as provided by the American Massage Therapy Association. Because this is not a Medicare approved facility and seeks to meet different needs than Rehab Dynamics, the conditions proposed may need to be modified somewhat with respect to hours of operation, but the others should remain intact. r i :cjkl2. 20.88 Date: Novemher PS, 1 m Fee: S100 . 00 O CITY OF ST. ANTHONY APPLICATION FOR CONDITIONAL USE PERMIT_ (other than day care center) Applicant: Grace Cooney Phone: 4??-(;256, 421-2915 Address: 12940 Overlook Road Davton, Mn. 55327 Status of applicant (owner, buyer, renter, agent, etc. ) : renter Street address and/or legal description of property in question: -?c;n ygt.h Alf LT-V. Zoning district in which property is located: St. Anthony Conditional use proposed: Touch of Life School of Massage ( classes in therapeutic massage, Swedish: and therareutic massage treatments) Minnesota Statutes and City Ordinances require that the following conditions. be satisfied before a conditional use may be authorized. O Please respond to these conditions, using additional sheets, if necessary. 1) The proposed conditional use is one of the conditional uses specifically listed for the zoning district in which it is to be located. see attached sheet 2) The proposed conditional use will not be detrimental to the health, safety, or general welfare of ,persons residing or working in the vicinity or injurious to property values or improvements in the vicinity. 3) The proposed conditional use is necessary or desirable at the above location to provide a service or a facility which is in the .interest of public convenience and will contribute to the general welfare of the neighborhood or community. Signature of applicant: / i 12 - 05- SOA i _10 . 00 [3 • j � The proposed conditional use is not specifically listed for this zoning district but it would fit in. ve_y well with other businesses that are comiimunity service oriented. (see below) 2)- The Touch of Life School will not be detrimental to the health, safety, or general welfare of surrounding residents or en:ployees but will l:iork positively towards these goals as further expanded upon in the next c,uestion. This use should not be injurious to property values or improvements for it is providing a legitimate thera-oeutic. service which is almost a necessity in our day and age. 3) The Proposed site for the school is very desirable for the services being offered. Private individuals may study massage techniques which they can ad-minister to their families, friends, or clients. Massage is becoming a necessity in our age of hi--h stress. The public can, tirough appointments receive private theca-oy sessions. For examble , an employee of a surrounding business may come in during his break or lunch ho-ir and receive a 15 minute u-,.--.per body treatment in a chair to reduce stress and pain. This will greatly enhance his productivity arid. attitude toward his job, family, and communityl BASIC MASSAGE ADVANCED MASSAGE Learn therapeutic healing This class is for those who've massage through Swedish had previous training. Learn techniques while touching on gawk Of �� advanced Swedish massage tech techniques polarity, and niques plus trigger point reflexology to relieve O� therapy, sports massage and tension and pain. The history deep muscle work. . of massage, precautions and benefits of massage, basic Time: Classes start every few months at 9-1 p.m. or 6-10 p.m. anatomy and relaxation tech- � mo niques will be explored. 12940 Overlook Road we Mon. , Tues . or Wed, for 8 Dayton, Minnesota 55327 weeks plus 12 hrs . practice (n, Minnesota outside the class is required. Grace Cooney, Director Cost: $2.34 ($78 deposit re- Time: Classes start every 4- quired 1 week in advance, $50 6 weeks at 9-1 p.m. or 6-10 is non-refundable. p.m. on Mon. , Tues. or Wed. for 8 weeks plus 12 hrs. practice outside the class CERTIFICATION is required. Grace Cooney, GS, MT Grace Cooney has been a prat- Participants will be awarded ticing massage therapist for the certificates upon satisfactory pastl0 years and has taught mas- completion of class. The pro- sage .for the past 9 years. She gram has been approved by the Cost: $234 ($78 deposit re- is director of the Touch of Minnesota Nurses Association quire 1 week in advance, $50 Life School of Massage in Committee on Continuing Educa- is non-refundable. Dayton, MN. tion for 44 Contact Hours. Certified in massage and other REGISTRATION natural methods of healing such as reflexology, polarity, Reiki , Name NariE1 and with extensive experi- CERTIFICATION ence working with chronic pain Address patients, Grace Cooney brings a Participants will be awarded depth of knowledge and practice City Zip certificates upon satisfactory to her course. She was Vice completion of class. The pro- President of the Minnesota Thera- Class Dep. gram has been approved by the peutic Massage Network in 1984, Minnesota Nurses Association is past president of Spiritual Phone H W Committee on Continuing Educa- Frontiers Fellowship, is a mem- tion for 44 Contact Hours. ber of the American Massage Send deposit to: Touch of Life Therapy Association and the School of Massage Sports Massage Training Institute. Dayton, MN 55327 1 • CITY OF ST. ANTHONY CITY COUNCIL MINUTES JULY 26 , 1989 The meeting was called to order at 6 : .30 p .m . with the Pledge of Allegiance led by Mayor Sundland . ROLL CALL Present : Enrooth (enter 6 : 35 p.m. ) , Makowske (entFr. 6 : 38 p.m. ) , Marks , Ranallo (exit 7 : 25- p.m. ) , Sundland Also Present : Susan VanderHeyden , Acting City Manager William Soth , City Attorney Planning Commissioner Werenicz LICENSES/PERMITS/PETITIONS Motion by Marks , seconded by Ranallo , to approve the following licenses/permits : • Contractors : S & S Tree Specialists , Inc . , Inver. Grove Heights , MN Carlson LaVine , Inc. , Minneapolis , TMTJ New View Construction , Inc . , Minneapolis , MN Pacesetter Corporation , Omaha , NE McCallum Construction , Inc . ; Shoreview, M14 Heating: Ray N. Welter Heating Company, Minneapolis , T✓TJ Motion carried unanimously. Motion by Ranallo, seconded by Sundland , to approve the . following permits : 3 . 2 Beer Permits : Robert Anderson - . 3523 Edward St . N. E . T. R. Gray - 2812 Anthony Lane South Aye : Sundland, Ranallo, Enrooth Nay : Marks aMotion carried . 2 • PRESENTATION OF CLAIMS Motion by Marks , seconded by Enrooth , to approve payment of the verified claims . Motion carried unanimously. Motion by Marks , seconded by Ranallo, to approve payment of $19 , 627 . 86 to Metropolitan Waste Control Commission . Motion carried unanimously. Motion by Marks , seconded by Sundland . to approve payment of $444 . 91 and $925 . 00 to Reike Carroll Muller Associates , Inc . Motion carried unanimously. Motion by Marks , seconded by Ranallo, to approve payment. of $7 , 203 to Corporate Resources Insurance . Motion carried unanimously. REPORTS PLANNING COMMISSION - META Operating Limited Partnership Variance Request for 2701 Kenzie Terrace Planning Commission Recommendation Planning Commissioner Werenicz presented the matter of META Operating Partnership ' s variance request for the purpose of constructing a gravel/crushed rock parking lot at 2701 Kenzie Terrace . He reported that the Planning Commission had recommended a three-month time limit on the gravel .lot, at which time the situation would be re-evaluated by the City Council . Mayor Sundland stated that he agreed with the Commission ' s recommendation of a three-month time period . Council Memher - Marks noted that an essential element of the Planning Commission ' s discussion was the length of time involved in dealing with the PCA . He asked whether any more information was forthcoming regarding potential pollution of the site . Commissioner Werenicz answered that he doubted whether such information would be available on short notice , and said that a more important issue from the Commission ' s perspective was • the question of comparative costs among gravel , asphalt, and r 3 concrete surfaces . Mayor Sundland introduced Daniel Tyson .. Attorney for. 14ETA Operating Limited Partnership, and invited him to address the Council . Mr . Tyson informed the Council that META had met with the PCA a week before the last Planning Commission meeting; and that the PCA had requested additional soil sample drilling based on the fact that preliminary drilling had revealed around contamination in the vicinity of the tanks as deep as 24 feet below the surface . Mr. Tyson stated that META ' s consultant provided a report to META on July 20th- recommending a remedial investigation work plan . The plan would -cost. approximately $20 , 000 and would include the installation of three monitoring wells and the location of three additional tests to detect the presence of additional contaminants . He offered to share with the Council a copy of the draft of the contract between META and its consultant , but noted that it was as yet unsigned .and subject to negotiation . Mayor Sundland asked that Mr . Soth be given the copy of the contract for his review. • Council Member Marks asked Mr. Tyson how deep the monitoring wells would be . Mr . Tyson responded that the necessary depths would determined by their consultant . He said that the PCA' s method for determining the presence of groundwater . contamination is to install wells in .locations strategic to the underground flow of water. At this time that flow is unspecified , although the PCA believes it to be in a southeast direction toward the Mississippi River . Mr. Tyson stated that the PCA at this time was recommending one well in the parking lot area , one at the site of the tanks : and one a short distance away from the tanks in order to monitor the water flow up and down gradient . Council Member Marks asked if Mr . Tyson knew the time frame for the installation of the wells , the final recommendations ; and the corrective action . Mr . Tyson indicated that META ' s consultant had informed them that the testing and sampling would be concluded by the end of October and that at that time they would have a clear idea of what remediation would be required . Mayor Sundland noted that the three-month time limit for the gravel parking lot would nearly coincide with the conclusion of the testing and sampling period . * Mr . Tyson commented that the three-month time limit was acceptable to his client. • Council Member Marks asked how long worst-case remediation action would take. Mr . Tyson responded that META had hoped d to be able to combine the excavation of contaminated soil , if necessary, - with excavation for construction purposes , although META has no identified use for the property at this time . He speculated that excavation of contaminated soil , if required, could not be done in the wintertime but would have to wait until spring 1990 . Mayor Sundland expressed the hope that Mr. Tyson' s client would be able to make good use of the property in the future once the contamination problem was solved. Mr . Tyson next presented cost information regarding various parking lot surfaces which was requested by the Planning Commission . He informed the Council META had received bids for grading and gravel surfacing of $5 , 400 and $7 : 300; grading and asphalt surfacing, $13 , 200 ; and asphalt surface only, $11 , 000 . He noted that landscaping with timbers : which could be included with either a gravel or an asphalt surface , would cost $3 , 600 . Mr . Tyson expressed the view that the hardship to his client is not primarily economic , but that META is more concerned with the fact that they own a contaminated piece of property and that the contamination must be dealt with before permanent use can be made of that property. He stated that. META recognizes Kenzington ' s need for more parking but does not feel that it would be responsible at this time to install a concrete or asphalt parking lot which would be perceived as a permanent parking facility. Council Member Marks asked Mr. Tyson whether his client would be willing to pave the parking lot with concrete or asphalt at the end of the three-month time period . Mr . Tyson responded that he did not know at this time what his client ' s reaction would be and that he did not have the authority to commit them to a course of action . Council Member Makowske asked Mr. Tyson whether there was a difference between the parking requirements of unit owners and renters at Kenzington, and whether the parking problem would be alleviated once purchasers of units outnumbered renters of units . Mr . Tyson responded that alleviation of the parking problem would be a logical outcome of minimizing the number of renters in favor of purchasers , and that META originally foresaw the building being occupied by purchasers rather than renters and planned parking the accommodations accordingly. Council Member Marks commented that the timing of Kenzington ' s opening unfortunately coincided with a soft O condominium market. Council Member Rana_llo pointed out, and 5 • the Mayor and other Council Members concurred , that their approval. of the Kenzington development had been based on the best information available to them at the time : although some of that information has since been proved err. oneoias . Council Action Motion by Marks , seconded by Enrooth , to accept the recommendation of the Planning Commission to grunt a variance to META Operating Limited Partnership to construct a gravel parking lot at 2701 Kenzie terrace for a period of three months based on required future environmental tests on the soil of the parking area; the three-month time period to commence with Council approval . Motion carried unanimously. VILLAGEFEST CHAIRPEOPLE THANK CITY Council Member Ranallo presented Dorothy and Tom Thorsen, VillageFest chairpeople . The Thorsens on behalf of the • entire VillageFest Committee thanked the City Council and Acting City Manager VanderHeyden for their cooperation and aid in making VillageFest a success , and expressed their hope that next year ' s VillageFest would be even bigger and better . Mayor Sundland commended the VillageFest Committee on behalf of the Council and the City for their outstanding job. Ms . Thorsen commented that the Committee is still. working to utilize the .float in additional. act.ivit_es since it was budgeted to participate in six parades but has only participated in two to date . Council Member Ranall_o suggested that the VillageFest Committee operate as a non-profit entity in the future . APPROVAL OF JULY 11 , 1989 Council Minutes Motion by Marks , seconded by Enrooth, to approve with the. following changes : Page 1 , second paragraph: Change "Markowske" to "Makowske. . " Page 5, last paragraph: Add the word "of" between "Joseph DiSanto" and "Victoria Management . " Page 6 , last paragraph: Delete the words , "throughout the. years . " Page 7 , fourth paragraph: Change "that Council" to "the Council . " • Motion carried unanimously. 6 • COUNCIL REPORTS Council Member Makowske reported that the St . Anthony Historical Society is beginning to receive information sheets from community members for its compilation of St . Anthony ' s history. She noted that Flash Photo, Black ' s Photo, and Ame ' s One-Hour Photo have donated film and developing to the St . Anthony Historical Society for its project . Council Member Enrooth reported on landfills ; drawing statistics from a report presented in Congressional hearings prior to Minneapolis ' s institution of a plastics ban. He noted that the contents of landfills across the nation are the same, and that newspaper constitutes the largest percentage of landfill refuse . Much refuse that is considered biodegradable , such as paper, actually remains in landfills without deterioration for decades because landfills are packed so tight , and paper refuse actually presents more of a problem than refuse traditionally considered troublesome , such as plastic pop bottles . Council Member. Marks commented that recycling of paper products is an important means of protecting our forests . He also expressed the opinion that research is needed to produce non-toxic ink for recyclable paper . Mayor Sundland reported that St. Anthony ' s participation in the Central Avenue parade was excellent exposure for the community, and offered thanks to all those to organized the event . Council Member. Marks reported that the Ramsey County Regional Rail Authority recently approved an additional five routes , and that prospects look good for establishment of an integrated light rail and bus system in the metro area within the .next few years . DEPARTMENTS AND COMMITTEES Budget Reports Acting City Manager VanderHeyden informed the Council that her office would begin to prepare a budget overage report for the Council ' s review rather than highlighting the overages in the full budget report. The Council agreed that such a report would be useful . In light of the information presented by Council Member Enrooth about waste paper , the • Council agreed that, rather than including the. full. budget 7 • report in the Council packet on a monthly basis , a circulating monthly budget report would be made available to the Council and that only the overage report would he included in the Council packet on a monthly basis . Orders were then given to file the following : 1 . Budget Reports through June 30 , 7.989 . 2 . Hance & LeVahn, Ltd . re : Matters conducted at the Hennepin County District Court tan to and including July 5 , 1989 . ACTING CITY MANAGER Playground Equipment Acting City Manager VanderHeyden informed the Council that ' the PTA had requested that the Public Works Department, free of charge, remove old and dangerous playground equipment from the Wilshire Park Elementary grounds and then excavate the area in preparation for the installation of new equipment . Acting City Manager VanderHeyden added that similar work had • been done in the past at the request of the school. board , and that the Public Works Department had billed the school hoard , for the work . Because of controversy over the charges at that time , the current request comes from the PTA . Council Member Makowske asked whether the City would incur any additional liability because the work would be done on school property, and Acting City Manager VanderHeyden responded that none would be incurred because the work would be done within the city limits . Mayor Sundland suggested that the first step should be to find out whether the Public Works Department has the time available for such a project . If so, and if the project is to be done without charge, then the work could be done at the convenience of the Public Works Department . He further suggested that the City itself inform the school_ that the work has been requested by the PTA . Council Member Marks said that the Public Works Department might be allowed to g proceed with the project on the basis. that the school grounds are effectively used as a park most =`s of the time . Waste Management Newspaper Pickup No Longer. Free Acting City Manager VanderHeyden introduced a letter from R • Waste Management indicating that they are no longer able to pick up St . Anthony ' s newspaper for free becai.ise they cannot dispose of it for free . Acting City Manager VanderHeyden indicated that the cost would be approximately fi1.50 per month from now on, which would deplete the Beautification Fund . Council Member Enrooth indicated that curbside newspaper pickup will be instituted within two to four months . On that basis , Council Member Makowske recommended that. the City continue to have Waste Management pick up the newpaper until curbside newspaper pickup is in place . Mayor Sundland agreed that to halt the current program might discourage people from recycling their newspapers . Acting City Manager. VanderHeyden agreed to investigate the availability of funds to pay Waste Management to pick up the newspaper for the next several months . Well #3 Acting City Manager introduced a memo from Public' Works' D-ir_ec-tor--Larry .Hamer describing damage to Well #3 resulting in discontinuance of its use . She stated that. -t-h-eCity- now - has a signed agreement with the MPCA to go ahead with the permanent system, but that Hamer recommends an immediate , interim repair of Well #3 because of the length of time' required to proceed with the permanent system. Responding to Council Member Enrooth ' s question, Acting City Manager VanderHeyden stated that Hamer does not plan to dive Bergerson Caswell Company consideration in the future , although he intends to use their services at this time because it is the cheapest and fastest way to accomplish the interim repairs . Council Member Makowske asked whether another company might be hired to make the interim repairs and whether the City might be able to obtain a settlement from Berqerson Caswell Company for the failure . - Acting City Manager VanderHeyden responded that no compensation is available from Bergerson Caswell because the work was a revamping project and no new parts were used. City Attorney Soth concurred , noting that if no warranties were provided no compensation could be demanded on that basis . Council Member Marks suggested that performance criteria be written into contracts the City lets in the future, although he admitted that performance standards are difficult to formulate and to document and evaluate. F Council Action 9 • Motion by Marks , seconded by Makowske , to approve expenditure of funds to Bergerson Caswell Company to repair We).7. V . Motion carried unanimously. Agha Khan Requests Lease Agreement Commitment Acting City Manager VanderHeyden .reported that Agha Khan , which leases space in City Hall under the Community Services agreement, has requested an option to renew their lease beyond the coming four years . VanderHeyden informed Agha Khan that such an option could not he put in the contract because the future disposition of the building is unknown . City Attorney Soth commented that he felt Agha Khan would be willing to lease the space without the option even though they would rather have it . Mayor Sundland recommended that the City follow the advice of the City Attorney and Acting. City Manager and omit the option from the contract. Contribution to Mayor ' s Finland Trip Acting City Manager VanderHeyden presented a check to Mayor Sundland in the amount of $100 from Lois , Judy, Pat, Connie, • and VanderHeyden, to be used towards his Finland trip. The Mayor expressed his appreciation for the contribution and his intention to personally thank the donees . ADJOURNMENT Motion by Enrooth, seconded by Marks , to adjourn the City Council meeting at 7 : 56 p.m. Motion carried unanimously. Respectfully submitted , Doris Hoskin, Secretary Mayor ATTEST: City Clerk �1 CITY OF ST. ANTHONY 2 CITY COUNCIL MINUTES -3 August 8, 1989 4 The meeting was called to order at 7: 32 P.M. with the Pledge of 5 Allegiance led by Mayor Pro Tem Ranallo. 6 ROLL CALL 7 Present: Ranallo, Enrooth, Marks, Makowske (enter 7: 36 P.M. ) . 8 Absent: Sundland. Mayor Sundland and his wife are visiting Salo, 9 Finland, St. Anthony's Sister City. 10 Also present: Sue VanderHeyden, Acting City Manager 11 William Soth, City Attorney 12 JULY 26, 1989 COUNCIL MINUTES 13 Motion by Marks, seconded by Enrooth to approve with the following 14 changes: 15 Councilmember Makowske arrived at 7: 36 P.M. R6 Page 1: Add "Councilmember Enrooth arrived at 6: 35 P.M. " 7 before '!LICENSESIPERMITSfPETITIONS". "- 18 Page 2: Add "Councilmember Makowske arrived at 6: 38 P.M. " 19 before "REPORTS". 20 Page 4, para. 4 : Delete "the" before "accommodations" ; add "the" 21 before "parking" in last line. 22 Page 5, para. 1: Add "parking" before "had" in line 2. 23 Change "erroneous" to "wrong because of the market 24 change" in last line. 25 Page 6, para. 1: Correct spelling of "Ames" One-Hour Photo in line 26 5. Add "Councilmember Ranallo left at 7: 25 P.M. for 27 a VillageFest meeting." 28 Page 9, para. 3 : Add "Barb" after "Connie" in line 2. 29 30 Motion carried unanimously. 31 LICENSES/PERMITS/PETITIONS 32 Motion by Marks, seconded by Makowske to approve the following licenses: 33 Contractors 34 Scott Stern, dba, Scott Stern Construction, St. Paul 35 Western Remodelers, St. Paul 36 Straitline Construction, Minneapolis W. Zintl Construction, Inc. , North St. Paul Cedarcraft Construction Design, Maple Grove 39 Cornerstone Home .Exteriors, Anoka 1 Heating 2 Air Conditioning Associates 3 Motion carried unanimously. 4 Motion by Makowske, seconded by Enrooth to approve the following 3 . 2 5 -beer permits: 6 3 . 2 Beer Permits 7 Douglas C. Parker, 2800 West Armour Terrace, August 10,, 1989, Central 8 Park, company softball game. 9 Dennis Fagerlee, 3407 Croft Street N.E. , August 16, 1989, Central Park, 10 company picnic. 11 Dennis Fagerlee, 3407 Croft Street N.E. , August 21 , 1989, Central Park, 12 family picnic. 13 Before voting on the motion, the Mayor Pro Tem requested staff to change 14 the beer permit for the St. Charles Steak Fry, September 15, 1989, to 15 include- 'land on the grounds" for where the beer will be allowed. 16 Voting on the motion: 17 Aye: Ranallo, Enrooth, Makowske. 18 Nay: Marks. 19 Motion carried. 20 CLAIMS 21 Motion by Makowske, seconded by Ranallo to approve payment of the 22 verified claims. 23 Motion carried unanimously. 24 Motion by Marks, seconded by Makowske to approve payment of $1,372.92 25 to Short-Elliott-Hendrickson, Inc. relating to replacement of the Foss. 26 Road Lift Station. 27 Motion carried unanimously. 28 Motion by Marks, seconded by Enrooth to approve payment of $3, 348.00 to 29 the Calgon Carbon Corporation relating to the temporary granular 30 activated carbon system. 31 Motion carried unanimously. 2 1 Motion by Makowske, seconded by Marks to approve payment of $15,782. 25 102 to the Employee Benefit Administration Company as the quarterly payment 3 for participation in the League of Minnesota Cities Self-Insured 4 Workers' Compensation Program. 5 Motion carried unanimously. 6 Motion by Enrooth, seconded by Makowske to approve payment of $2 .832. 13 7 to Dorsey & Whitney for legal services rendered from June 1, 1989 8 through June 30, 1989. 9 Motion carried unanimously. 10 Cable T.V. Update 11 Dennis Murphy, 3412 Downers Drive, who is the City Representative on the 12 North Suburban Cable Commission, was present to discuss the current 13 issues facing that Commission. 14 Mr. Murphy distributed a four page report to the Councilmembers and 15 staff which listed four major issues which were discussed. He discussed 16 in depth the Commission's plan for taking over public access television 17 from North Central Cable. 18 Mr. Murphy called the council's attention to the two items which had 409 caused the most concern in the plan, which were that the Cable Company 0 had not provided the required funding to the community programming 1 function; and that, without approval of the Commission, the Cable 22 Company had reduced the performance bonds. Mr. Murphy does feel, 23 however, that the Cable Company and Commission will come to agreement, 24 possibly as early as August, 1989. 25 Mayor Pro Tem Ranallo inquired as to Mr. Murphy's thoughts on cable 26 deregulation. Mr. Murphy indicated that federal legislation appears 27 to be headed back towards regulation. Both men agreed that cable T.V. 28 costs have increased almost 40% since deregulation went into effect. 29 Mr. Murphy also asked for Council opinion on televising City Council and 30 Planning Commission meetings. Overall, Councilmembers agreed they would 31 be in favor of televising their meetings, but expressed concerns about 32 costs to the City, equipment, quality, community interest, and the 33 City's ability to find a person with the expertise to film the meetings 34 on. a consistent basis. 35 Mr. Murphy responded to Council's concern about costs by saying the City 36 receives $21,000 plus from franchise money or, he suggested applying for 37 available grant money. ;r 38 Councilmember Makowske's suggestion to wait until a new City Manager is 39 in place before looking into this matter further met with a motion by 40 Councilmember Marks to direct staff to set up televising City Council and Planning Commission meetings with a target date of two months. The 3 r , 1 motion failed to receive a second, whereupon the following motion was 2 made: • 3 Motion by Marks, seconded by Makowske to direct staff to investigate 4 televising City Council and Planning Commission meetings; to ascertain 5 appropriate costs, availability of equipment, and other related 6 information to be ready for presentation at the September 12, 1989 7 Council meeting. 8 Motion carried unanimously. 9 REPORTS 10 COUNCIL 11 Mayor Pro Tem Ranallo expressed his sorrow at the death of Bill 12 Flaherty. The other Councilmembers echoed their agreement and said Mr. 13 Flaherty had been a community leader of the highest regard for many 14 years and he will be greatly missed. 15 Barb Olsonoski of Apache Plaza, informed the Mayor Pro Tem that Apache 16 will not be sponsoring a queen for next year. Council and staff will 17 research other community service organizations as to interest in this 18 sponsorship. The _ cost to the sponsor would be about $3 ,000 for 19 conducting the pageant, advertising, selection,- and entering- the queen 20 in the Aquatennial and Winter Carnival contests. Ms. Olsonoski agreed 21 to assist another sponsor if one is found. 22 Mayor Pro Tem Ranallo also spoke about the success of the VillageFest 23 celebration. He said most of the vendors made money and that many of _24 those gave the money back to the community. He and Mrs. Ranallo are 25 planning a get together for those who helpedwiththe_VillageFest. 26 DEPARTMENTS AND COMMITTEES 27 The following reports were ordered filed: 28 *Hance & LeVahn, Ltd. on various matters conducted at the Hennepin 29 County District Court up to and including July 19, 1989. 30 *Police Reserve Monthly Report for June, 1989. 31 *After Councilmember Marks noted the fact that the firefighters 32 responded to six times more total medicals (32) than -fires (5) , the 33 Fire Department July, 1989, Monthly Report was also filed. 34 ACTING CITY MANAGER 35 The Councilmembers congratulated Acting City Manager VanderHeyden on her 36 election to the Board of the Minnesota Association of Urban Management 37 Assistants, which had been noted in the August 1st Staff Meeting Notes. 4 1 PUBLIC HEARINGS •2 The public. hearing on the property tax assessment against 3316 Skycroft 3 Circle was opened at 8: 35 P.M. by Mayor Pro Tem Ranallo. The notice of 4 hearing had been published in the Bulletin on July 26 and August 2, 1989 5 and was delivered by certified mail to the property owner, Frances Cheng 6 at her California address. 7 Mr. Wallace Anderson, 3321 Skycroft Circle, which is directly across 8 from the Cheng property, was present to comment on the increasingly poor 9 appearance of the property. 10 The owner's son, Dr. John Cheng, had contacted Acting City Manager 11 VanderHeyden prior to the hearing and indicated he had been unaware of 12 the large amount of overdue bills but would like to attempt to pay the 13 bills before they are certified to the County. Ms. VanderHeyden 14 suggested that, because the son was very cooperative and the City has 15 until October to certify, she would recommend the Council approve 16 Resolution 89-020 and the resolution would not be certified to the 17 County for one month, allowing the Cheng's to yet resolve the issue. 18 The City Attorney confirmed the legality of this procedure and indicated 19 that the City could indeed certify the assessment if all costs are not 20 paid. 21 The public hearing was closed at 8:45 P.M. 1 2 Before the motion to approve Resolution 89-020 was made, the 3 Councilmembers directed that the legal fees incurred since the 24 Resolution was developed should also be paid by the property owners in 25 a separate motion. 26 Motion by Marks, seconded by Enrooth to approve the resolution 27 certifying water bill , maintenance, and legal costs, to include an 80 28 rate of interest per annum on those costs; said interest to begin in 29 one month (September 8, 1989) , to the County Auditor regarding property 30 at 3316 Skycroft Circle. 31 RESOLUTION 89-020 32 A RESOLUTION CERTIFYING CHARGES TO THE COUNTY 33 AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES 34 FOR COLLECTION WITH THE TAXES PAYABLE IN 1990 35 Motion carried unanimously. 36 Motion by Marks, seconded by Makowske to add onto the above costs as 37 listed in Resolution 89-020 any and all legal fees incurred by the City 38 must also be paid by the property owner of 3316 Skycroft Circle. 39 Motion carried unanimously. • 5 1 ACTING CITY MANAGER (continued) • 2 The Acting City Manager reported that Well #3 will be reopened 3 Wednesday, August 9, 1989. 4 It appears that the search for a Council Secretary has been completed. 5 Jo-Anne Student, a resident of Northeast Minneapolis, has indicated her 6 interest in the job and the Acting City Manager expects Ms. Student to 7 take the minutes of the August 15th Planning Commission meeting. 8 Lastly, Ms. VanderHeyden said there is enough money in the 9 Beautification Fund to pay for the removal of newspapers for the next 10 several months. 11 NEW BUSINESS 12 Proposed Tax Levy and 1990 City Budget to Be Certified to Counties 13 Compliance with the Truth in Taxation law is difficult due to the law's 14 uncertainty; therefore a proposed tax levy and City budget, has been '15 prepared as a precautionary measure to submit to Hennepin and Ramsey 16 Counties. 17 Motion by Marks, seconded _ by Makowske to approve the resolution 18 certifying a proposed tax levy and the 1990 City -Budget. 19 RESOLUTION 89-022 20 A RESOLUTION CERTIFYING PROPOSED TAX LEVY AND 1990 21 BUDGET IN COMPLIANCE WITH THE TRUTH IN TAXATION ACT 22 Motion carried unanimously. 23 Bids for Purchases for the ARache Wells Saloon Accepted 24 Two bids were received for .the furniture and equipment at the Apache 25 Wells Saloon - from Premier Restaurant Equipment and Felling Products 26 Company. 27 Motion by Enrooth, seconded by Ranallo to accept the lowest bid of 28 $52,383 .00 from Premier Restaurant Equipment Company for the purchase 29 of furniture and equipment for the Apache Wells Saloon. 30 Motion carried unanimously. 31 The following bids were received regarding the completion of the heating 32 and air conditioning duct work at the Apache Wells Saloon. 33 Installation of Heating and Air Conditioners 34 Air Conditioning Associates; A.R.I. Mechanical; Air Corp. Inc. 6 0 1 Motion by Enrooth, seconded by Makowske to accept the lowest bid of 02 $4 .750.00 from Air Conditioning 'Associates for the installation of 3 heating and air conditioners at the Apache Wells Saloon. 4 Motion carried unanimously. 5 Air Exchange Unit for Kitchen 6 Air Conditioning Associates; A.R.I. Mechanical ' 7 Motion by Makowske, seconded by Enrooth to accept the lowest bid of 8 $6 .450.00 from Air Conditioning Associates for an air exchange unit for 9 the kitchen at Apache Wells Saloon. 10 11 Motion carried unanimously. 12 Installation of the Cooking Hood 13 Air Conditioning Associates; Premier Restaurant Equipment; Felling 14 Products 15 Motion by Enrooth, seconded by Ranallo to accept the lowest bid of 16 $$1,500.00 from Premier Restaurant Equipment for the installation of the 17 cooking hood at Apache Wells Saloon. 108 Motion carried unanimously. 19 Bids for the Kenzie Terrace Sidewalk Project 20 Five bids were received for the installation of a sidewalk on the north 21 side of Kenzie Terrace - Northern N; Thomas & Sons; Tom Co. ; Gunderson 22 Bros. ; and Standard Sidewalk. 23 Motion by Marks, seconded by Enrooth to accept the lowest bid of 24 $21 .355.00 from Standard Sidewalk to construct a sidewalk along the 25 north side of Kenzie Terrace. 26 Motion carried unanimously. 27 ADJOURNMENT 28 Motion by Marks, seconded by Enrooth to adjourn the meeting at 8:55 P.M. 29 for the St. Anthony Housing and Redevelopment Authority meeting which 3.0 followed immediately. 31 Motion carried unanimously. 7 O 1 Respectfully submitted, 2 Connie Kroeplin 3 4 -Mayor 5 ATTEST: 6 .City Clerk 7 8 9 10 8 1 CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT 0 AUTHORITY- MINUTES 4 5 August 8, 1989 6 The meeting was called to order by Secretary/Treasurer Marks at 9:00 7 P.M. 8 ROLL CALL 9 Present: Marks, Vice Chair Enrooth, and Commissioners Ranallo and 10 Makowske. 11 Absent: Chair Sundland. 12 Also present: Sue VanderHeyden, Acting Executive Secretary 13 William Soth, H.R.A. Attorney 14 MAY 23, 1989 H.R.A. MINUTES 15. Motion by Ranallo, seconded by Makowske to approve as submitted. 16 Motion carried unanimously. CLAIMS 18 Motion -by Ranallo, seconded by Enrooth to approve the following amounts 19 for legal services rendered from April 1, 1989 through June 30, 1989 20 consecutively by Dorsey &Whitney: $143 ,50; $4 ,466.79; and $183.08. 21 Notion carried unanimously. 22 MISCELLANEOUS 23 Evergreen 24 The status of the Evergreen project was discussed briefly. Mr. Soth 25 said he had contacted the lawyer for Mr. Hoium. Evergreen has not done 26 any work on the project for quite some time due to some financing 27 problems. However, Ms. VanderHeyden indicated she had received a phone 28 call from a resident who had observed some trucks on the property taking 29 samples for additional soil tests. 30 Tax Increment Financing Funds 31 Uses for moneys in the T.I.F. funds were clarified by Mr. Soth, who 32 indicted the money must be used in the finance district it was 33 designated for. Secretary/Treasurer Marks asked if a district could be 34 enlarged. Mr. Soth responded that some of the laws have recently been changed and he was not sure, but that that could be done in the past. 1 ADJOURNMENT 2 Motion by Makowske, seconded by Ranallo to adjourn the H.R.A. meeting • 3 at 9:10 P.M. 4 Motion carried unanimously= 5 Respectfully submitted, 6 Connie Kroeplin 7 2 •