HomeMy WebLinkAboutPL PACKET 02161988 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1988
Document: PL PACKET 02161988
C=TY OF S T _ ANTHONY
P LANN=NG COMM 2 S S 2 ON AGENDA
FEBRUARY 1 6 , 1 9 8 8
7 = 30 L=> - M -
1. Call to Order.
2. Roll Call.
3 . Minutes.*
a. Planning Commission - November 30, 1987.
4. Designate Commission Representative to the Council
Meeting on February 24 , 1988.
. . 5. New Business.
a. Apache Squares Shopping Center - Signage.*
• 6. Public Hearings.
a. 7:35 P.M. - St. Anthony Dairy Queen, 2612 Highway 88;
sign variance.
b. 8: 15 P.M. - Twin City Federal, 3899 Silver Lake Road;
setback/conditional use requests.
c. 8: 30 P.M. - Reliable Builders, Inc. , for 3657 Silver
Lake Road; rezoning request.
7. Adjournment.
*Please remember to bring your agenda packets from January
19 , 1988 to this meeting.
. ain thon I ilia e
DATE :
February 12, 1988 APPROVA
T O : -
Planning Commission Members
F ROM
David Childs, City Manager
DAIRY QUEEN SIGN VARIANCE
History
-The= history of-this issue i-s very complicated, and minutes from a number of
meetings have been attached for your review.
Also attached is a rough draft of Helen's attempt at a near verbatim transcript of
the original meeting in 1986 where:
1. The drive-through was approved.
2. A free-standing sign was denied.
3. Plaisted was told he could retain the roof sign (even if he took it
down and put it back up) .
4. It appears that Plaisted was told that he would have to have variances
for the wall signs.
This was one of the very few Planning Commission meetings that I have ever missed
- and therefore I cannot be very helpful about what was said that night.
Current Issue
Mr. Plaisted was told in July of 1987 to apply for the variance and was told by
the Commission at that time that they would look favorably at the variances -
even though they were very disappointed with how the process had actually worked.
Thus, this is a relatively simple matter - even though it took a lot of time and
energy to get here.
:cjk2.16.88
• Date:
Fee: $25. 00
CITY OF ST. ANTHONY
PETITION FOR SIGN VARIANCE
�A��L �
Applicant: L A4"i-I �'l.r-�'r� Phone: zfz
Address:
. Status of applicant (o ner, buyer, renter, agent, etc. ) :
Le al descri tion of property petitioned for variance: G-s�GGtG�za�'
GAL
Street Address: -
Zoning district in which property is located:
OF
Request !-
.iw i%s L% i plc
M nesota Statutes and City Ordinances require that the following
conditions must be satisfied affirmatively. If the answer to a
statement is Yes, please explain, using additional sheets.
Yes No
1 . The granting of. the variance will not- be detri-
mental to the public welfare or injurious to
other property in the neighborhood or village;
2 . A particular hardship to the applicant would re- !�
sult if the strict letter of the regulations
are adhered to; or
3 . The conditions upon which the application for a y
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 classi ication
Signature of Applicant: (.
v
Signature of Owner ( if other t n applic t) :
•
CITY OF ST. ANTHONY
NOTICE OF HEARING
SIGN VARIANCE
TO WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday,
February 16, 1988 at 7 : 35 P.M. in the Council Chambers of the
City Hall, 3301 ..Silver Lake Road (enter northeast corner) for the
following purpose:
Consideration of a request from Albert Plaisted, owner
of the St. Anthony Dairy Queen, 2612 Highway 88, for
a sign variance to allow the following signs:
1 . One 4 foot X 6 foot rotating roof sign with Dairy
Queen logo; and
2. Two ( 2 ) wall sign units with 3 foot X 5 foot Dairy
Queen logos and individual lettering ( "Dairy Queen" ) ,
22 inches X 14 feet each in size.
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Bulletin: February 3 , 1988
_ i
MAILING LIST - ST. ANTFONY DAIRY QUEEN 2/88
Eberhardt Max Saliterman Town & Country Foods
X50 W. 66th Street 25 University Avenue S. E. 2550 Highway 88
WBox 1385 Minneapolis, MN 55413 St. Anthony, MN 55418
n neapolis, MN 55440
St. Anthony Mobil
2616 Highway 88
St. Anthony, MN 55418
Charles .Anderson mcstly traffic concerns
Hansen asked how far window would be back.
• order taking facility not on sketch. back about 15 feet from west
side of building.
Stacking straight line west to east . 32feet .
Plaisted said there would be two signs on the building.which say
drive through They would be arrowed to . direct sta: ngers .
Hansen asked whether would be open all year round .
asked whether the Commission was addressing the sign variance
during permit hearing. Told different issue.
Werenicz asked whether the expansion was mainly for storage space
Anderson -gaining two :feet in length in front room, not gaining
a lot of storage room because there already is
Q n second floor.
.- if going to put in drive through the building wouldn ' t
• conform to the Center ' s architectural motif . Barn style
isn 't acceptable center doesn 't like it .
-. gong to eliminate the second floor storage and elongate
the building to the west and square it off as a box.
storage in the baCK AND A LITTLE MORE ROOM IN THE FRONT
Plaisted long discussion of the difficulties with center ownership
with verbal agreement going along w+*h the center 's new roof
design , colors they want and they' re teling him are going to
immediately go ahead withthe new fronts .
Franzese commended him for doing the ren -ovatio.n
Anderson: Manswd is going to be bronze , with light blue brick side
Dairy Queen has new style separating themselves from barn
lf.ke appearance/ Putting in a six foot mansard on which there
• would be the Dairy Queen logo and Dairy Queen letters strung
out on the face of the mansard . Typical of mansards found
in shopping centers .
No questions about signage . hearing closed .
• Si ctn rearing
showed colored drawing of what ' s suggested for center
Hamer —said staff had looked over and perceived Dairy Queen
was just trying to conform to center' s plans for the
center;
_— reported Eberhardt meeting with center owners in New York.
to take place in March of 1987 .
said Childs had recommended denial of a free standing sign
and recommened that "a wall signage be in lieu of existing
or on new mansard roof . Looking to sigage to match new
shopping center, leaving the existing sign in place.
., said he and Childs had both met with Merchants Assoc.
_ he presented an update to merchants on the beautification
program for that area. What ' s been done and what lookingat .
,said stores which are updating and stores which are moving
• in were pressuring the center to renovate. Told alithe
storesmoving in. . . . . . . . . . . . . . . . .
Ms Seven getting things in line to do whole shopping center
in March.
— didn ' t expect to get sign
Plaisted _ gave reasons for pylon sign, traditional DQ
, argued should get if station has
Franzese rued other sign variances
Plaisted pointed out that Commission might have overlooked sign
on top of roof 6 X 8 rotates If can ' t get pylon
would like to keep
Franzese non-conforming right now As long as you don't alter
the sign you can keep it .
• Plaisted going to take it down but would like to put it back
up Hansen - do it at night.
Don' t put in just kidding.
-3-
° n conforming structure is destroyed thlLn
Franzese if 70/ of no g Y
• you have lost the ability 'to use that non-conforming use .
but whereas you are not intending to alter the sign . .
b y g
Werenicz also maintaing the D Q logo in the new mansard, also
h...e in addition to leaving the existing rotating sign up?
Plaisted yes . needs that at least for better sight from the highwa
VL Ct1el
from the north. Can see Dairy Queen a block past the
stop signs
We 're not moving the building just adding on to the
front that stays exactly where it is as far as it ' s at .
so sign would be put back on the building - new building-
exactly where it is now. It shouldr,.-Tmake a difference
with how you' re going to treat the other people in the
• center because it ' s something that ' s already there.
Not changing it or its size.
Hansen can see n �son why the existing sign would have to
go but I did hear something about an additional wall
sign which in itself would require a variance .
Franzese the type of sign is non conforming Your busines!
requires a sign. But as far as how much signage
you can get or how many signs that is governed by
i
ordinance. So) if you intend keeping the sign you have
and in addition having another sign there would need
to be a variance for that other sign .
Hansen only published for a free standing sign
Hamer Ordinance goes this way Every commercial business
• shall be allowed one identifying sign per business .
So if you had another sign down below that would
constitute two signs .
-4-
Plaisted said he wished he would have brought that colored picture
said these letters which say Dairy Queen &n this new 0
type mansarc% roof (not sloping to degree of existing)
roof comes from Dairy Queen. Only place you can buy
it has. sig.n as part of the roof That ' s DQ 's
. new roof and it. says Dairy Queen right on it . N.--:t
painted on but they are individual letters and part
of the roof.
Franzese asked if same color and material
Anderson No will be plastic standout molded
Wagner: similar to ones on the sketch ?
Anderson Yes
On that store ,Dairy Queen would like to see a logo
south and
on the east and north sides words Dairy Queen spelled
out .,,Pn the east, south,cand north sides .
., which is in direct conflict with your ordinance
Of coursain a strip center where you only have one
door to walk into you only have space for one sign,
Sewing Machine ha_s. signs on-front–and side—
Dairy QueeriSa little unique because traffic approaches
from all sides .
Hamer if. a commercial store is facing two streets ,. streets,
not parking lots it can have a sign on each frontage
Madden: supported the mstrictijn of pylon signs .
said theCommis'sion couldn ' t address the status
of rotating sign which would not change as long
as building is not altered morethan 70%
suggested sit down wiht staff to see what his options •
are Perceived the Commission should just act on
the freestanding sign that evening.
-5-
Hansen asked to state his opinion said:
1 . was opposed to pylon sign. Perceived the' Commission had
seen the first positive indication towards signage in the
center in the two and half-three years he had been on the
Commission and with Phase III coming that ' s going to take
out the old shoppng center and with what the owners are
intending to do, would be opposed to granting any variances
at this time until we see how we come out .
Madden said he likewise was opposed to tko, pylon sign even
though he sympathized with the applicant who 's sitting
adjacent to a�pylon sign which the ordinance permits and
a sign for a//shopping center which the Ordinance permits .
,Told applicants he could see where you people would wonder
why everybody couldn't have the same signage but the
• Ordinance doesn't allow it and I support the Ordinance
and would be opposed to granting the variance.
., Made motion to deny hoping the uniform signage which is
supposed to come is coming, . we can best deal with that
without any further variances in the shopping center.
another sign with the
said with the options of the rotating sign or/the Dairy
Queen logo in lieu of or substituting for , whatever,
thinks the best thing to do is to sit down with staff
and see what can be worked out to present something to
the Commission •
PlaISTED SAID %E had colored pictures to show you .
Hansen told him he wasn ' t alone Wefve had a number of people in
that center and if you think you're hard to identify ,
• Bill ScIiWinn and others who are buried back there have
the same problems I see some very positive things coming
Franzese Thinks that ' s the key to end on a positive note applauding
you for your remodeling efforts and everything you are doing
• 1 b. there was no one present during the hearing who spoke in opposition to the
2 variance and staff reported receiving no calls for or against the request
3 prior to the hearing,
4
5 c. the alleyway between this property and St. Anthony Boulevard is not a
6 thoroughway and, therefore, a 30 foot setback in this instance might be
7 excessive; and
8
g d. extending the breezeway would bring it into alignment with the existing
10 garage.
11
12 Motion carried unanimously.
14 REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH FACILITY FOR DAIRY QUEEN
16 The Chair opened the hearing at 7:54 P.M.
17
: l g Notice of the hearing had been published in the October 8th Bulletin and mailed
19 to all property owners of record within 350 feet of the subject property. No
20 one present reported failure to receive the notice or objected to its content.
21
22 Request: conditional use permit in a commercial zone to include a drive-through
23 window as part of an expansion and remodeling project in the St.
24 Anthony Shopping Center.
25)
26 Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, owner
• 27 Charles Anderson, 2827 Helen Street, Maplewood, contractor
28
29 Opponents: none.
30
31 Staff input:, indicated no change from current traffic flow planned;
32 raised no objections to request;
33
34 showed colored sketch of plans the St. Anthony Shopping Center
35 owners have indicated they intend to implement by March, 1987
36 on which the applicant has indicated he intended to model his
37 existing structure;
38 suggested curbings rather than lines might better distinguish
39 the traffic direction for its drive-through customers. He said
40 the existing traffic arrow in the same area had only been intended
41 management to indicate slant parking.
by the shopping center manag p 9
42
43 Proponents' Response to Commission Questions
44
45 Traffic flow: west to east past window with ample room for two vehicles
46 to pass if driver attempted to follow existing patterns.
47
48 Eberhardt wants traffic flow to remain as is with no curbings
49 because of snow storage;
50 from one to three existing parking stalls to be removed;
51
52 Center anticipates no need to use parking near Dairy Queen
5 3 because parking forecasts have been revised.
54
55 Building to match proposed center store front renovation: bronze
56 design: mansard roof with light blue brick facia, signage on mansard
57 to match center plans:
-4-
1 structure to be expanded 388 square feet with window; •
2 installed 15 feet west of backside allowing three cars to
3 be stacked west to east;
4
5 would maintain walk-in service from two foot expansion in
6 front;
7 area to rear would accommodate storage lost in existing
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 all Dai r
13 y Queen stores are dropping barn-like design.
14 Facility: drive-through window would be used by 20% of customers from
15 "day one".
.16
18 Lease: center agreed to have store- closed over holidays.
19 The hearing closed at 8:12 P.M.
20
2.1 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to recommend the Council grant the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
25 the construction of a drive-through window at the Dairy Queen, 2612 Highway
26 88, as part of his proposal to expand and remodel his store at that location
27 on the conditon that markings on the surface of the adjacent parking area •
28 as well as signage be provided to direct traffic
29 past the drive-through window
30 in a proper manner.
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34. 1 . the applicant had answered all three questions on the application in
35 the affirmative as required by statute;
36
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40
41 3. no one appeared during the hearing to speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 improve its appearance, and bring it into conformance with what is
46 seen to be a positive approach b the owners to upgrade pgrade the entire
?,48 shopping center.
49 Motion carried unanimously.
50
51 REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
52 •
53 The Chair opened the hearing at 8: 15 P.M.
54
55
-4_
• 1 structure to be expanded 388 square feet with window;
2 installed 15 feet west of backside allowing three cars to
3 be stacked west to east;
4
5 would maintain walk-in service from two foot expansion in
6 front;
7 area to rear would accommodate storage lost in existing
8 second story;
9
10 design was part of verbal agreement with center related
11 to same motif for other store fronts;
12 all Dairy Queen stores are dro
13 pping barn-like design.
14 Facility: drive-through window would be used by 20% of customers from
15 "day one" .
16
17
Lease: center agreed to have store- closed over holidays.
19 The hearing closed at 8: 12 P.M.
20
21 Commission Recommends Permit Be Granted
22
23 Motion by Hansen, seconded by Wagner to recommend the Council grant the requested
24 conditional use permit in a commercial zone to Albert Plaisted which would allow
25 the construction of a drive-through window at the Dairy Queen, 2612 Highway
• 26 88, as part of his proposal to expand and remodel his store at that location
27 on the conditon that markings on the surface of the adjacent parking area
28 as well as signage be provided to direct traffic past the drive-through window
29 in a proper manner.
30
31 In recommending the Council grant the permit, the Planning Commission finds
32 that:
33
34 1 . the applicant had answered all three questions on the application in
35 the affirmative as required by statute;
36
37 2. the addition of the drive-through facility would not appear to interfere
38 with existing traffic flow patterns or cause unusual congestion problems
39 that would be peculiar to that area;
40
41 3. no one appeared during the hearing to speak in opposition to the proposal
42 and staff reported receiving no calls against it prior to the hearing;
43
44 4. the applicant appears to be making every effort to upgrade his property,
45 improve its appearance, and .bring it into conformance with what is
46 seen to be a positive approach by the owners to upgrade the entire
47 shopping center.
48
49 Motion carried unanimously.
50
51 REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
52
53 The Chair opened the hearing at 8: 15 P.M.
54
55
1 Notice of the hearing had been published in the October 8th Bulletin and mailed
2 to all property owners of record within 200 feet of subject property. No
3 one reported failure to receive the notice or objected to its content.
4
5 Requested: variance for a free-standing sign (60 square feet on each side)
6 for service establishment in addition to logo to be added to new
7 mansard roof on building.
8
9 Proponents: Albert Plaisted and Charles Anderson (same as for conditional
10 use pemit) .
11
12 Opponents: none.
13
14 Staff input: suggested recommendation of denial because center already has
15 large pylon sign;
16
17 proposed two alternatives available to- applicant:
18 a. wall signage in lieu of existing non-conforming roof
19 sign; or
20 b. leave that signage in place rather than lose "grandfathered-in"
21 status.
22
23 reported Eberhardt representative had met with center owners
24 in New York and a plant for renovating the store fronts and
23 for uniform signage for the center had been developed as per
• 26 colored sketch provided the City;
27 perceived pressures from City, Merchants Association, and three
28 new tenants in center resulted in center owner allocating money
29 for proposed changes;
30
31 told applicant the current City Ordinance allows only gas stations
32 and shopping centers to have pylon signage, .hence the sign on
33 the Mobil station next door.
34
35 Proponents Discussion of Their Request
36
37 believed should be allowed same type of signage as Mobil station next door
38 since only two free-standing buildings in center;
39 wanted free-standing sign to advertise specials and better store recognition
40 from Highway 88 if rotating sign is removed;
41
42 wants to maintain existing sign on roof if request for this sign is refused;
43 sign is part of mansard roof which all Dairy Queen stores would be having
44 from now on.
45
46 Commission Response.
47
48 Franzese: not happy about second signs City has already approved in that
49 area.
50
51 Madden: supported the ordinance restriction of pylon signs;
52 told the applicant the Commission could only address his request
53 for a free-standing sign at that hearing and the status of the
54 rotating sign he currently has on his building would not change
�'6' as long as it is not altered more than 70%;
-6-
1 suggested applicant sit down with staff to explore his other options
2 for signage acceptable to the City.
3 Hansen: would oppose any expansion of signage until he sees how new plans
4 for this center and the Kenzie Terrace Redevelopment Authority
5 project in the adjoining center progress.
6
7 Werenicz: perceived store needed some identification because Mobil station
8 somewhat obstructed view from north but concurred with other Com-
9 missioners that signage need not be a free-standing sign.
10
11 The hearing was closed at 8:25 P.M.
12
13 Commission Recommends Council Deny Free-Standing Sign for Dairy Queen
14
15 Motion by Madden, seconded by Werenicz to recommend the Council deny the request
16 for a free-standing sign for the St. Anthony Dairy Queen at 2612 Highway 88,
17 in anticipation that uniform signage for the entire shopping center would
18 be forthcoming and the City could best deal with that probability by not granting
19 any further signage variances in the St. Anthony Shopping Center.
20
21 Motion carried unanimously.
22
23 REQUEST FOR SIGNAGE FOR J. T. VARGAS REAL ESTATE OFFICE AT 3909 SILVER LAKE ROAD
24
25 The Chair opened the hearing at 8:37 P.M.
26
27 Notice of the hearing had been published in the October 8th Bulletin and mailed to
28 all property owners of record within 200 feet of the subject property.
29
30 Request: variance to Ordinance regulations related to free-standing signs
31 to allow installation of an 8 foot X 3 foot (24 square feet on each
32 side) sign in same location where several unacceptable signs for
33 previous tenants had been sited.
34
35 Proponents: Jose T. Vargas, same address.
36
37 Opponents: none (and no calls received by staff) .
38
39 Staff input: perceived neither the sign erected by the last tenant nor the
40 sketch of the sign the applicant proposes to replace it with
41 was exactly what the Commission had in mind for the "groundhugging
42 a sign which should have had no more than six inches between
43 it and the berm below it" the City had previously approved;
44 recommend approval only if sign extends the full length of the
45
46 berm or is reduced to fit the berm;
47 agreed to let Mr. Vargas know the following day whether there
48 would be adequate space between the berm and the County right-of-way
49 to provide the required setback if he sloped the berm towards
50 the street;
51 suggested the townhome signage next door would be a good model
52 to follow.
53
54
55
:Vr -3-
Motion carried unanimously.
PLAISTED REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH WINDOW FOR DAIRY QUEEN
Application for: conditional_ use permit in a commercial zone to include a drive-
through window in the expansion and remodeling of that St. Anthony
Shopping Center store.
Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, MN (owner) .
Charles Anderson of Blue Line Construction,. North St. Paul (contractor)
Opponents: None.
Staff input: provided picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area;
raised no objections to request.
Commission recommendation: approval with conditions related to traffic flow
patterns.
Council Action:
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plaisted which would allow the inclusion of a drive-
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
parking area as well as signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. no opposition to the permit was demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff
reported receiving no calls related to the variance prior to either meeting; and
4. the applicant appears to be making every effort to upgrade his property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop-
ping center.
Motion carried unanimously.
REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application for: variance to Sign Ordinance which would allow a free-standing sign
(60 square feet on each side) in addition to logo on new roof.
Motion carried unanimously.
PLAISTED REQUEST FOR CONDITIONAL USE PERMIT FOR DRIVE-THROUGH WINDOW FOR DAIRY QUEEN
Application for: conditional use permit in a commercial zone to include a drive-
through window in the expansion and remodeling of that St. Anthony
Shopping Center store.
Proponents: Albert Plaisted, 5210 O'Connell Drive, Moundsview, MN (owner)
Charles Anderson of Blue Line Construction, North St. Paul (contractor)
Opponents: None.
Staff input: provided picture of another Dairy Queen store which would differ
from this one mainly in that no roof would be constructed over the
drive-through area;
raised no objections to request.
Commission recommendation: approval with conditions related to traffic flow
patterns.
Council Action:
Motion by Marks, seconded by Makowske to grant the requested conditonal use permit in
a commercial zone to Albert Plai.sted which would allow the inclusion of a drive-
through window in conjunction with the proposed expansion and remodeling of the Dairy
Queen at 2612 Highway 88 on the conditon that markings on the surface of the adjacent
parking area as well as signage be provided to direct the traffic past the drive-
through window in a proper manner.
In granting the permit, the Council finds, as did the Planning Commission, that:
1 . the applicant had answered all three questions in the application in the
affirmative as required by statute;
2. the addition of the drive-through window would not interfere with existing
traffic flow patterns or cause congestion problems that would be peculiar
to that area;
3. no opposition to the permit was demonstrated at either the October 21st
Commission hearing or the Council consideration October 28th, and staff
reported receiving no calls related to the variance prior to either meeting; and
4. the applicant appears to be making every effort to upgrade his property,
improve its appearance, and to bring it into conformance with what is seen
to be a positive approach by the center owners to upgrade the entire shop-
ping center.
Motion carried unanimously.
-.-.: REQUEST FOR ADDITIONAL SIGNAGE FOR DAIRY QUEEN
Application for: variance to Sign Ordinance which would allow a free-standing sign
i (60 square feet on each side) in addition to logo on new roof.
• �1. `i
-4-
Proponents: same as for conditional use permit.
Opponents: none.
Commission recommendation: agreed with staff recommendation that "pylon" sign
should not be allowed.
Council Reaction:
Makowske - told proponents that free-standing signs had been denied for Zantigo
Restaurant in Apache Plaza as well as other types of City businesses
in the past.
Ranallo - said the Council had also denied additional signage for Slumberland,
etc. in the same center to avoid proliferation of signage.
Sundland - recalled a long history of opposition to "pylon" signs in St. Anthony.
Marks - agreed with Commission suggestion that a moratorium on further signage
in the center be imposed in anticipation of a uniform sign policy
being instituted with the new store fronts.
A colored drawing of what the Eberhardt Company envisioned the St. Anthony Shopping
Center would look like after the new store fronts and canopy over the walks
had been installed with the funds the center owners had allocated for that purpose
had been shown by staff at both. the Commission hearing and that evening.
The Dairy Queen owner told the Councilmembers his decision to remodel his own
_.store to conform to that de-sign had been predicated upon-the "verbal" agreement
he had with Lara Seven, 'who manages the center for Eberhardt, who he said he
considered to be "one of the best manager's they've ever had down there, having
found tenants for all the empty stores with a waiting list to fill any future
vacancies". Mr. Plaisted said he perceived the owner's willingness to finally
make these improvements had to some degree resulted from the manager' s telling
them he had threatened to move his Dairy Queen away from the center if substantial
improvements to the center as a whole were not made immediately. Other factor's
in that decision, as the franchise owner saw them, were the fact that the Eberhardt
representative recognized that "there wasn't a single store owner in the center
who didn't want the improvements made and that the City' s patience with the
owner' s failure to make any changes down there had just about run out" .
There was a general Council concurrence with the last statement and Councilmember
Ranallo added that the City had even offered to support Industrial Development
Bond financing for those improvements.
Mr. Childs pointed out that there would still be a Dairy Queen logo on the mansard
roof which would be in keeping with the signage proposed for the rest of the
stores in that shopping center and that the existing revolving sign on top of
the building now had been "grandfathered in" with the new Sign Ordinance.
Motion by Marks, seconded by Enrooth to follow the Planning Commission recommenda-
tion to deny the request for a free-standing sign for .the St. Anthony Dairy
Queen at 2612 Highway 88, in anticipation that uniform signage for the entire
shopping center would be forthcoming and the City could best deal with that
probability by not granting any further signage variances in the St. Anthony
Shopping Center.
Motion carried unanimously.
• 1 -8-
2 2 . that no vegetation higher than 3-1/2 feet be planted along
. 3 37th Avenue from Roosevelt Street to the eastern edge of the
4 house; and
5 3 . that no curb cut off on 37th Avenue be allowed.
6 In recommending these variances be granted, the Planning Commission
7 finds that:
8 *other uses of the lot seem to be limited;
9 *the extent of the variance request presented at this time dif-
10 fers greatly from the variances which were denied in 1979 for a
11 duplex;
12 *all three conditions required by statute to be satisfied affirma-
13 tively before these variances can be granted have been met and
14 satisfactorily addressed by the applicant in his petition.
15 Motion carried unanimously.
16 MISCELLANEOUS
AJ7 Dairy Queen Owner Explains SicTnage
18 In his July 17th memorandum to the Commission related to the signage on
19 the above, Mr. Childs reiterated the differences in perceptions which
20 had arisen since the Dairy Queen had been remodeled with two identifying
21 signs in the mansard and retention of the revolving roof sign, which had
22 been "grandfathered in" with the 1973 City Ordinance. As indicated in
23 the minutes of the October 21, 1986 Planning Commission hearing on
24 proposed signage for the establishment, the City Manager reiterated
25 that he had not been in attendance, but rather the Public Works
26 Department Director had given the staff report on the signage request.
27 The Manager said what he had perceived from hearing all sides of the
28 question was that members of the Planning Commission, the Dairy Queen
29 owner, Al Plaisted, and Mr. Hamer was that "evidently not everybody
30 functioned on the same wave length related to understanding that
31 meeting" because the Commissioners believe they were firm abou+- only two
32 signs being erected and Mr. Plaisted thought he was allowed three and
33 went ahead and put up all three when the facility was remodeled to match
34 the new design adopted for all Dairy Queen stores. A copy of the June
35 28 , 1987 , letter to Mr. Plaisted from Charles Anderson of the Blue Line
36 Construction Company, contractors for the project had been included in
37 the agenda packet and set forth the contractor' s understanding of the
38 events which led to the erection of three signs on the store. The
39 Commissioners had also been provided with copies of the pertinent
�0 minutes of the October 21st meeting in their agenda packets.
1 -9-
2 A sketch of the elevations of the new store which, it was agreed, had
3 not been presented at either the Commission hearing or Council
4 consideration October 28th, was also included.
5 The informal discussion which followed brought out the following
6 comments:
7 Madden -said he had been very surprised when what he thought was a
8 "remodeling project" turned out to be a complete removal of
9 all but the foundation and floors of the existing store.
10 Childs -gave' the Chair Pro Tem the signage which the store would be
11 allowed under the Ordinance and added the instances where the
12 City has allowed a second sign when a store fronts on two
13 streets. Mr. Childs later confirmed that the store is be-
14 tween platted streets, a service road Sunset and Highway 88 ;
15 -also confirmed that the store size had gone from 693 square
16 feet to 1 , 100 square feet with the new addition;
17 -estimated the total current signage to be about 150+ square
18 feet which is not much above what would be allowed by vari-
19 ance for two signs.
•2-0 Plaisted -said the sign on top of the building is 6 X 8 . The sign on
21 the back of the building before the remodeling was 8 X 10 and
22 the signage on front was a "Blizzard" sign which was up for
23 many years;
24
25 -agreed the plans which had been given the Commission at the
26 October 21st meeting were a sketch of the remodeling plans
27 and not the sketch in the agenda packet that night;
28 -insisted the Commission had been shown pictures of another
29 Dairy Queen store showing both sides of the proposed build-
30 ing, including two signs in the mansard roof , during the
31 hearing;
32 -insisted pictures had never been returned to him.
33 werenicz -said his recollection of the October 21st meeting was that
34 the big issue had been whether the rotating sign would
35 remain;
36 -said he certainly hadn' t envisioned the extent of the "remo-
37 deling" which had followed and had come away from the meeting
38 thinking only the rotating sign and one other wall sign had
39 been agreed to;
•,0 -said he was certain "no one in the Commission had envisioned
41 the building coming down. "
1 -10-
2 Plaisted -certainly wouldn' t have spent $9 ,000 on those signs unless he
3 was certain the City was going to allow them;
4 -considered the building permit he was issued as the authori-
5 zation of the signage as well as the construction project.
6 Childs -indicated he was also surprised when he saw the entire build-
7 ing gone but upon looking at the sketch the City had been
8 provided at the hearing could see where with the elimination
9 of the space within the dotted lines "there probably wasn' t
10 much left of the old building in that sketch either. "
11 Wagner -said he could see that where the City could say that, with
12 the building gone, the rotating sign was no longer "grand-
13 fathered in" and would require a variance to put it back, as
14 stated by Commissioner Madden during the October 21st hear-
15 ing.
16 Childs -said from an objective view, since he was not present at the
17 hearing, the reality of the situation was that' there were
18 obviously differences of opinion of what happened at the
19 hearing; the building and signs are up; and it now remains to
20 determine what the City' s position is related to the signs
21 that are there.
22 Plaisted -reiterated that the building permit he held in his hands was
23 "your OK of these plans" ;
24 -said his perception was "I 've been there since 1974. I up-
25 dated the store to make it a respectable place and since
26 I 've done this, I ' ve gotten nothing but heat from the City. "
27 Werenicz -said he wanted to be the first to compliment Mr. Plaisted on
28 the remodeling job with which "I couldn' t be more pleased" ,
29 but the fact remains that the Commission had come away from
30 the October 21st hearing believing they had only approved the
31 retention of the rotating sign on the roof and one other
32 additional sign.
33 Madden -told Mr. Plaisted he perceived part of the confusion came
. 34 from the construction letter to the store owner which said
35 that "at some point after starting construction, they were
36 notified by someone from the City that this building could
37 have two signs" ;
38 -asked who that someone was and how that had come about.
39 Plaisted -indicated he had come away from the hearing with the impres-
40 sion his signage was alright and had talked to Larry Hamer •
41 about it later;
42
2
3 -added that the matter had been checked with two people from
4 the City before ordering the $9 ,00 signs;
5 -said he recognized there could have been some misunderstand-
6 irg about the signs , but there was certainly none in his
7 mind when he ordered those signs because experience with
8 other stores had taught him to be sure he had City approval;
9 -said he never understood thee was a misunderstanding until he
10 got the City' s letter about the signs;
11 -said he had consulted a lawyer after the letter arrived and
12 had been told to "cooperate with them.
13 Wagner -assured Mr. Plaisted that was what the Commission was also
14 trying to do;
15 -was told the rotating sign is now 6 X 8.
16 Childs -indicated that if the City gives Mr. Plaisted 'a variance for
17 the second sign because the store fronts on two streets, he
18 could have 144 square feet total signage under the ordin-
19 ance and has about 150 square feet now (based on a rough
0-0 estimate) .
21 Plaisted -complained that he had to remove his new window signs even
22 though the City' s liquor warehouse windows are "plastered
23 100% all over with signs" ;
24 -indicated he had concluded "it ' s OK for you to operate that
25 way but not for me. "
26
27 Werenicz -told Mr. Plaisted that if he had seen the sketch provided
28 that night at the Commission hearing, he would clearly have
29 voted against the extra sign and he still perceived the
30 request had been somehow misrepresented at the hearing;
31 -added however, that the question before the Commission was
32 what do we do now?
33 Wagner -pointed out to Mr. Plaisted that the Commissioners perceived
34 the building had been altered more than 75% which had been
35 quoted as the point past which the rotating sign would not
36 have to be allowed;
37 -told the store owner the City had used this same formula for
38 not allowing the two florist companies to rebuild after the
39 tornado.
� '0 Werenicz -assured Mr. Plaisted that this was not the first time where
41 the City had written letters to businesses about non-conform-
42 ing signage.
J
-12-
2 Childs -said if there is a Commission consensus the City could make
3 arrangements to have Mr. Plaisted apply for a variance for
4 the second. mansard sign;
5 Wagner -said he would support a variance for two signs.
6 Werenicz -said he didn' t think the proposal had been presented to the
7 Commission as it should have been and next time he would not
8 be satisfied with "letting the City look at it later, "
9 however, indicated he couldn' t see forcing additional costs
10 to rectify the mistakes; and
11 -said he would recommend approval of the necessary variances
12 for the additional signage when it came before the Commis-
13 sion.
14 Plaisted -told Commissioner Wingard the shopping center owners are
15 responsible for resurfacing the parking lot around his
16 store. He said he has a letter from Eberhardt promising
17 the center would be updated if he rebuilt his 'store to
18 match their renovation plans. A threat to take legal action
19 against the owners had resulted in the attorney who is
20 supposed to be responsible for the center promising to come
21 to visit the store owner in July. The attorney had also •
22 indicated the owners would not want the City to condemn
23 their property;
24 -said the business leaders were 100% behind the City taking
25 firmer measures against the center owners .
26 Childs -told the store owner he had certainly been more successful
27 in getting a more positive response than the City had been.
28 Mr. Plaisted was thanked for coming in and giving his side of the
29 controversy.
30 OTHER BUSINESS
31 The June 23rd advisory on recent U.S. Supreme Court case affecting
32 municipal zoning practices and the article from the Engineering News
33 Record on the same issue which had been provided by Commissioner Madden
34 were discussed briefly.
35 Before the meeting was adjourned the new retail center near Apache and
36 the proposals the H.R.A. anticipates receiving from various developers
37 related to finishing the Kenzie project were reported on by the City
38 Manager.
39 The Stonehouse project also reported on including the possibility of
40 Mannings taking over the food service in the remodeled bar and the long
41 amount of time it takes to get steel roof trusses for the warehouse
42 portion.
. ain thou
Ula e
1 DATE : APPROVA
February 12, 1988
T O : Planning Commission Members �+
FROM :
David M. Childs, City Manager
I'T EM : REQUEST FROM TCF FOR CONDITIONAL USE PERMIT/VARIANCE
This is a request from TCF for a conditional use permit to allow- expansion of their
drive-through-facility- at 3899 Silver Lake Road, and a variance to allow the
proposed canopy and equipment island to come within 31 feet of the north property
line (35 feet required) .
In my discussions with TCF representatives, I was informed that the intent of the
request is to alleviate existing traffic congestion and better service the
existing customer base. Anyone driving in. the area at busy times is well aware of
the amount of traffic at this location.
Expansion of or establishment of a drive-in facility requires a conditional use
permit - and in this case a variance is also necessary because of the proposed
setback from the north property line.
As of the date of„this report, we have received no calls either for or against this
request.
A representative from TCF will be present to answer any- questions that you may
have about this request, but, as you can see, their application and- supporting
documentation appear to be fairly complete.
:cjk2.16.88
0
ua Le January 28, 1988
Fee: $100. 00
S
CITY OF ST. ANTHONY
Application for Conditional Use Permit
(other than day care center)
Applicant TCF Banking & Savings FA Phone 870-7085
Address 801 Marquette; Minneapolis , MN 55402 Attn: Bob Galush
Status of applicant (owner, buyer, renter, agent, etc. ) Owner
Legal description of property in question Mounds view Acres Second Addn
Ex E 60 Ft . the Fol Lots 8, 9, & Lot 10 Block 7
Street Address 3899 Silver Lake Road; St Anthony, MN 55421
Zoning district in which property is located "C" Commercial
Conditional use proposed 4-Lane Drive-In Facility
Section 9 Subdivision 3. 1
Minnesota statutes and City ordinances require that the following conditions
• be satisfied before a conditional use may be authorized :
Yes No
1 . The proposed conditional use is one of the conditional
uses specifically listed for the zoning district in Yes
which it is to be located.
2 . The proposed conditional use will not be detrimental to
the health , safety or general welfare of persons resid-
ing or working in the vicinity or injurious to property
values or improvements in the vicinity. Yes
3. The proposed conditional use is necessary or desirable
at the above location to provide a service or a
facility which is in the interest of public conveni-
ence and will contribute to the general welfare of the
neighborhood or community. Yes
Explain: The proposed drive-in facility will help to alleviate
the traffic congestion on 39th Avenue as TCF will be able to more
efficiently process our current drive-in customers
(use additional sheets if necessary)
r
—S-Ignattirt o
• 'A.
•
TCF BANKING AND SAVINGS. F.A.
601 M.4kOUETTE AVEXUF WN%EAPOL:5. MN' 55402 • 370-7000
January 28, 1988
Mr. David Childs
City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: Petition for Variance and Necessary Conditional Use Permit
Dear Mr. Childs:
Due to a tremendous increase in volume, the two lane drive-up
at our Apache Office is no longer adequate to serve the needs
of our clients and at times, creates a local traffic problem.
Our solution would be to expand it to four lanes. Our present
• canopy extends out 16 ft. 4 in. from the northernly side of our
building, it covers the first drive-up lane and half of the
second lane. The total distance from the north side of the
building to the property line is about 62 ft. 10 in. The canopy
would need to be expanded by an additional 15 ft. 6 in. (total
31ft.10 in. ) if we were to be permitted to expand to four lanes.
The canopy would not cover the vehicles in the fourth lane, only
the drive-up island where the drive-up equipment would be located.
To accommodate the increase in canopy size, we request a 4 .ft.
variance from the 35 ft. setback now required. The first three
drive-up lanes would be 8ft. in width, the fourth lane would be
9 ft. in width, to accommodate wider vehicles. We would then
propose a 2 ft. wide buffer strip to separate the four drive-up
lanes from a proposed 12: ft. bypass and emergency vehicle .lane
as outlined on the enclosed sketch.
The layout as it extends outward from the side of the building
would consist of the following:
A. 10" curb space - canopy to cover
B. 8' drive lane - " It "
C. 2' 4" equipment island - " if "
D. 8' drive lane - " it "
E. 2' 4" equipment island - " " "
D. Childs
Jan. 28, 1988
P. 2
F. 8' drive lane - canopy to cover
G. 2' 4" equipment island - it
H. 9' wider vehicle lane - no canopy
I. 2' concrete island separation
J. 12' bypass and emergency vehicle lane
Any additional information required would be provided as needed
as will any required drawings you feel would .be necessary.
Yours very truly, ,
Robert Galush
Assistant Vice President
RJG:sl
Enclosure
I
January 28, 1988
uate:
Fee : $25.00
R- . . . . . . . . .
Other. . . . . . . $25 .0
• CITY OF ST. ANTHONY
PETITION FOR VARIANCE
Applicant: TCF Banking & Savings FA Phone : 370-7085
Address : . 801 Marquette; Minneapolis, MN 55402 Attn: Bob Galush
Status of applicant (owner, buyer, renter, agent , etc.) : owner
Legal description of property petitioned for variance:
Mounds View Acres Second Addn Ex E 60 Ft the Fol Lots 8, 9 , & Lot 10 Block 7
Street address : -3899 Silver Lake Rd; St Anthony, MN 55421
Zoning district in which property is located : "C" Commercial
Request: Setback variance 4 feet from north property line where required setback is
35 feet
Minnesota Statutes and City ordinances require that the following condi-
tions must be satisfied affirmatively. If the answer to a statement is
Yes , lease explain, using additional sheets .
P g
Yes No
!i 1. Because of the particular physical surroundings ,
shape., or topographical conditions of the parcel
of. land involved, the proposed variance would re-
lieve an undue hardship, as distinguished from a
mere inconvenience should the applicable ordin-
ance be strictly enforced . Yes
2. The purpose of the proposed variance is not based
exclusively upon a desire to increase the value or
income potential of the parcel of land, but would
correct extraordinary circumstances applicable to
this property but not applicable to other property
in the vicinity or zoning district. Yes
3. The alleged difficulty or hardship is caused by
City ordinance and has not been created by any
persons presently having an interest in the parcel
of land. Yes
Pursuant to Section 15 , Subd. 5 , of the City of St . Anthony Zoning Ordin-
ance, a variance shall not be granted for any use not permitted in the
zone in which a particular parcel lies .
Signd t re of Applicant
•
Signature oF Owner o er
t Ilan_ai>p.li can t) _
TWIN CITY FEDERAL SAVINGS AND LOAN ASSOCIATION
3599 SILVER LAKE ROAD ST. ANTHONY, NIN 15421 432 S42 .
January 28, 1988
City of St. Anthony
3301 Silver Lake Rd
St'. Anthony, MN 55418
Subject: Petition for Variance
Gentlemen:
1. Current physical conditions make it impossible to contain our
current customers' automobiles in our parking lot and/or
drive-in facilities if you should enforce the applicable ordinance.
2. While the proposed variance may enhance the value ,of our property,
the intent of the variance request is to enable TCF to alleviate
traffic congestion on 39th Avenue and on Silver Lake Road.
3. The applicable ordinance precludes TCF from resolving the congestion
which occurs at 39th Avenue and Silver Lake Road
Yours truly,
r
Robert Galush
Facilities Management
AVP
•
•
CITY OF ST. ANTHONY
NOTICE OF HEARING '
VARIANCE AND CONDITIONAL USE PERMIT REQUESTS
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,
February 16 , 1988 at 8:15 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for the
following purpose:
Consideration of a request from Twin City Banking and
• Savings FA, 3899 Silver Lake Road for:
1 ) a conditional use permit to allow expansion of existing
drive-in teller facilities; and
2 ) a variance to allow extension of the existing canopy on
the north side of said building to within 31 feet of the
north property line where a setback of 35 feet is
required.
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Bulletin: February 3 , 1988
I-InIL.I•.J L�JI ..iVJr J�LV�� Lf11\L 1•VI1•J L/00
Apache Plaza Management C. G. Rein Company
#1 Apache Plaza 949 Sibley Memorial Hwy.
St. Anthony, MN 55421 St. Paul , MN 55118
J. T. Vargas J. A. Cadwallader Real Estate Kenneth Lee
3909 Silver Lake Road 3901 Silver Lake Road 3904 Penrod Lane
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
i
D. M. McMullen Robert Sandager George Thompson
3909 Penrod Lane 3905 Penrod Lane 3015-39th Avenue N.E.
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
G. A. Friedland Gary Summerville Harvey Sperry
3025-39th Avenue N.E. 3108-10 — 39th Ave. N.E. 3104-06 - 39th Ave. N.E.
St. -Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Robert Donnelly Duane Stanley Frances Sandberg
3112-36th Avenue N.E. 3012-39th Avenue N.E. 3311 Belden Drive
St.. Anthony, MN 55418 St. Anthony, MN 55421 St. Anthony; MN 55418
Re: 3100-02-39th Ave. N.E. Re* 3820-Macalaster Drive •
Village Properties
2500-39th, Suite 230
St. Anthony, MN 55421
Re: 3800 Macalaster Drive
expand -to w ;tit canmpy
1 atec . 1r-ve--tiP ia(aMds ba-F�er is�ah�
1671-0'
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ills e
ATE : A P PROVA
'1,x,0
February 12, 1988
To -
Planning Commission Members
FROM -
David M. Childs, City Manager
ITEM : REZONING REQUEST FOR 3657 SILVER LAKE ROAD
This is a request from Mr. Scott Holm of Reliable Builders, Inc. for rezoning of
the vacant lot at 37th Avenue N.E. (County Road "D") and Silver Lake Road from R-1
Single family residential to R-2, two family residential .
The applicant purchased the lot from Hennepin County Highway Department and
proposes to construct a double bungalow on the property. The lot meets minimum
size requirements for a R-2 zoning classification.
Property owners within 350 feet of the property have received notice of this
request and as of this date, we have received no calls either for or against this
request.
Factors supporting the request could be:
1. High traffic intersection where a single family home might be
difficult to sell .
2. Continuation of R-2 zoning on the south side of 37th Avenue
between Silver Lake Road and Stinson Boulevard.
A factor which might weigh against the request is the fact that the Comprehensive
plan show the property as single family, although that designation was made when
there was a single family home on the lot.
Factors which should be looked at include:
1. proposed driveway configuration;
2. setback proposed from Silver Lake Road. Average setback is
30-35 feet and this proposal is much more, but would enhance corner
visibility.
:cjk2.16.88
N
Date
A. I-
cZ` /Q
Fee: $100 . 00
CITY OF ST. ANTHONY
Petition for Rezoning
Applicant e �� lev,_, Phone
Address �S^7� Faenylezr 14 ve. -tl Are S:, ,//3
Status of applicant (owner, buyer, lessee, etc. ) 04v P1vA-
Legal description of property proposed for rezoning �0
Street Address 7
Presently zoned
Proposed zoning change to
• 1. Attach to this petition a statement as to why this zoning change is
requested.
2 . If an entire parcel of land is proposed to be rezoned, submit -with this
petition a map or plat showing the land proposed to be rezoned and all
lands within 350 feet of its boundaries .
3. If a portion of a larger parcel of land is proposed to be rezoned, submi
with this petition a preliminary plat prepared in accordance with
Sections 330: 00 through and including 330 :20 of the St. Anthony Code of
Ordinances.
SC.o TT HO LM
Signature of Applicant
Signature of Owner (If other
than applicant)
•
.+ A
RELIABLE
BUILDERS
INCORPORATED
2575 Fairview Avenue • Roseville,Minnesota • (612)639-0761
Janaury 28, 1988
City of St. Anthony
Re: Petition to Rezone Lot-1 Block-1 Philbrook Addition
We believe the best use of the property is for a duplex house. The location
of this property will also constitute this use.
Keeping with the continuity of the area, specifically on 37th Ave. N.E. ,
there are Multi-Family units acting as a buffer between 37th Ave. and
residential homes ( this is in regard to the south side of 37th Ave. only) .
Finally, we feel the marketability of the property would be limited if the •
present zoning is allowed to let stand. We feel it would be an asset to the
city to have the property developed for asthetic as well as revenue generating
reasons.
Respectfully yours,
Reliable Builders, Inc.
Scott 'A. Holm,
President
General Contractor • Custom Remodeling • Custom New Construction • Design Service
CITY OF ST. ANTHONY
NOTICE OF HEARING
PETITION FOR REZONING
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,
February 16, 1988 at 8:30 P.M. in the Council Chambers of the
City Hall, 3301 Silver Lake Road (enter northeast corner) for the
following purpose:
• Consideration of a request from Reliable Builders, Inc. ,
2575 Fairview Avenue North, Roseville for rezoning of
Lot 1 , Block 1, Philbrook Addition, Hennepin County,
located at the southeast corner of Silver Lake Road and
37th Avenue N.E: ( 3657 Silver Lake Road) from R-1, single
family residential to R-2 , two family residential. The
applicant proposes to construct a double bungalow on the
existing vacant lot.
Anyone wishing to be heard with reference to the above matter
will be heard at said time and place. Questions regarding this
matter may be referred to the City Manager, 789-8881.
David M. Childs
City Manager
Bulletin: February 3 , 1988
Northern States Power B. L. Toy Charles Cotton
1518 Chestnut North 3633 Belden Drive 3625 Belden Drive
Minneapolis, MN 55403 St. Anthony, MN 55418 St. Anthony, MN 55418 •
Re: 3716 Macalaster Dr. N. E.
Samuel Sharp Don Messick Edward E. Solz
3100 Edgemere 3101 Edgemere 3636 Penrod
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 j
i
Roger Rafferty Ernest Miel Oscar Ibarra
3630 Penrod 3624 Penrod 3616 Penrod
St. Anthony, MN 55418 St. Anthony, MN 55418 - St. Anthony, MN 55418
Bruce C. Anderson Auto Traac Art Thompson
3640 Penrod 3009-37th Ave. N.E. 2900-37th Ave. N.E. i
St. Anthony, MN 55418 St. Anthony, MN 55421 St. Anthony, MN 55418
I
i
American Monarch Amoco Rapid Oil
2801-37th Ave. N.E. 3700 Silver Lake Road 3701 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421 I
I
W. F. Bauer Construction Richard LeVoir Tom Packard
4324 Lakepoint Court 10 N.E. 6612 Way 5417 Woodcrest Drive
Shoreview, MN 55112 Fridley, MN 55431 Edina, MN 55424
Re: 3640-44 Silver Lake Rd. Re: 2908-37th Ave. N.E. Re: 3005-37th Ave. N.E.
Hien Van Nguyen Meyer Bolnick Lester Eckhardt
3645 Silver Lake Road 3636 Silver Lake Road 3532 Silver Lake Road
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
Carol Eickhorn Glenn Ford Alfred Mocek
3628 Silver Lake Road 3608 Silver Lake Road 3621 Silver Lake Road
St. Anthony, MN 55+18 St. Anthony, MN 55418 St. Anthony, IN 55418
Gerald Smith John Anderson
3629 Silver Lake Road 3637 Silver Lake Road
St. Anthony, MN 55418 St. Anthony, MN 55418
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"C O UN C I L M= N UT E S
JANUARY 1 2 1 3 8 8
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
2 by Mayor Sundland.
3 Present for roll call : Marks , Ranallo, Sundland, Enrooth, Makowske.
4 Also present: David- Childs , City Manager
5 William Soth, City Attorney
6 Carol Johnson, Finance Director/City Clerk
7 Larry Hamer, Public Works Director
8 Lee Entner, Fire Chief
9 Don Hickerson, Chief of Police
10 DECEMBER 22 , 1987 COUNCIL MINUTES
11 Motion by Ranallo, seconded by Marks to approve as presented.
12 Motion carried unanimously.
13 REELECTED OFFICIALS SWORN IN
14 Carol Johnson, City Clerk, administered the oath of office individual-
5 ly to Mayor- Sundland and Councilmembers Marks and Makowske.
16 LICENSES/PERMITS/PETITIONS
17 Motion by Marks , seconded by Ranallo to grant a motor vehicle starting
18 license to Sroga ' s Automotive and a contractor license to Brandon
19 Construction of Champlin, MN, as listed in the January 12th Council
20 agenda packet.
21 Motion carried unanimously.
22 CLAIMS
23 Motion by Marks , seconded by Ranallo to approve payment of all
24 verified City accounts payable listed for December 31 , 1987 in the
25 January 12th Council agenda packet.
26 Motion carried unanimously.
27 Motion by Ranallo, seconded by Enrooth to approve payment of $123 . 00
28 to the League of Minnesota Cities for the City' s participation in the
29 1988 Municipal Amicus Program through August 31st and to table payment
30 of the LMC dues until the next Council meeting.
31 Motion carried unanimously.
•
1 Motion by :Enrooth, seconded by. Ranallo to approve payment of. •._
2 $24 , 896 . 08 to ' the Metropolitan Waste Control Commission-. for- November
3 sewer services .
4 Motion carried unanimously.
5 Motion by Marks , seconded by Enrooth to approve payment of $9 , 000 . 00
6' to District #282 for use of the Parkview facilities during October ,
7 November , and December , 1987 .
8 Motion carried unanimously.
9 December Payment Contingent on Project Subcontractors-Being Paid
10 Mr. Childs reported one of the subcontractors on the Stonehouse liquor
11 warehouse addition project had indicated the contractor had not yet
12 paid them for their work on the project. The Manager therefore
13 recommended payment to Fullerton Lumber be made subject to evidence
14 that all subcontractors had been paid.
15 He indicated the City would be well covered related to the $34 , 000
16 remaining to be paid on the contract because only between $5 ,000 . 00
17 and $8 , 000 . 00 in work remained to be done and the issues related to
18 the $2 , 500 . 00 rent the City has to pay for January at the other
19 location and the excess supervision charges which may have to go back
20 to the contractor have not yet been resolved. •
21 Council Action
22 Motion by Makowske , seconded by Marks to approve payment of $34 , 599 . 00
-. 23 to Fullerton Lumber for construction services from December 4 through
24 31 , 1987 on the Stonehouse liquor warehouse addition, subject to the
'25 contractor ' s providing evidence that all subcontractors have been
26 fully paid to date.
27 Motion carried unanimously.
28 LEGION DONATIONS GRATEFULLY ACCEPTED
29 Commander John Hearn of the Tri-city American Legion Post 513 first
30 presented the Mayor with three American flags to be flown at the fire
31 station, City Hall, and Trillium Park, followed by a presentation of
32 $2 , 500 to Fire Chief Entner and $900 to Police Chief Hickerson.
33 Commander Hearn indicated the Legion would like to have the Fire
34 Department . spend $2 , 000 for air masks and *$500 on fire prevention
35 programs in- St. Anthony schools : The $900 t'o the Police Chief gift
36 was to be used for signs denoting: Crime Prevention neighborhoods.
-37 Expressions of gratitude from the, Mayor , . Chief Entner and Chief
38 Hickerson were voiced.
2
• 1 REPORTS
2 COUNCIL
3 Makowske to Give Presentation for Newly Elected Officials in Ramsey
4 County League of Local Governments
5 -The Councilmember indicated she had been asked to give this short
6 presentation at the end of the month.
7 Enrooth Comments on Public Works Efficiency
8 The Councilmember told Mr . Hamer . he appreciated the fact that the
9 streets had all been cleared of snow so quickly that day.
1.0 Ranallo Named to Serve on National League of Cities Steering Committee
11 In addition to being appointed to the above Human Development commit-
12 tee, the Councilmember reported he had been asked to conduct a League
13 of Minnesota Cities workshop for newly elected LMC members in Brooklyn
14 Center, February 6th.
15 Marks Reports Youth Service Bureau Board and Jury Activities
16 The Councilmember indicated he would be attending a YBS retreat this
7 weekend and had been selected to serve on a jury for a case which is
8 anticipated to last from three to five weeks and would make it
19 difficult for him to attend any daytime Council meetings .
20 DEPARTMENTS/COMMITTEES/COMMISSIONS
21 *Councilmember Makowske noted the extremely high alcohol concentra-
22, - tions reported in some of the criminal cases handled by Hance & Levahn
23 at Hennepin County District Court on December 16th before the City
24 Prosecutors December 21st report was ordered filed as informational.
25 *Stonehouse Grand Opening Coming Soon
26 Before the December liquor operations sales summary was ordered filed,
27 Mr. Childs told Councilmember Ranallo Mr. Nelson was waiting to have a
28 grand opening for the new Stonehouse liquor and restaurant operation
29 until he is certain the entire operation is running smoothly. The
30 City Manager said he was certain the Liquor Manager would appreciate
31 hearing the complimentary comments the Councilmember had received from
32 residents , pointing out that the fact that the Christmas and New -Years
33 Eve business was. the best the operation had 'ever experienced would
34 seem- to indicate people had already learned about the new operation
35 from word of mouth. Mr . . Childs indicated he anticipated the grand
36 opening would be held soon.
37 *Manager Reports Staff .Has Made Up Over $120 ; 000- in Revenue Shortages
by Holding the Line on Expenditures
3
i
4!q
1 . Mr .. Chi'.ds indicated that, depending on how large the League Liability •
2 Insurance refund is, staff had ..to 'be- credited for the City not having
3 to .make . the. .anticipated transfer of reserve funds to cover loss- of
4 revenues from. .Revenue Sharing and liquor revenues this year. He said
5 the funds are within $20 , 000 or $30 , 000 of being balanced and- indi-
6 Gated he would make a final. report within 30 days . The November
7 Financial report was then . . ordered filed along with-the December Fire
8 Department .report, which had been expanded to total the :. time and .
9 number of runs- as requested by the Council.
10 CITY MANAGER
11 January 5 , 1988 Staff Meeting Notes
12 The above had reported the department priorities/goals for 1988 .for
13 all the City departments except the Fire Department, which Mr. Childs
14 indicated would be taken care of at the next staff meeting. He said
15 each department head had listed the high priority goals they hoped to
16 achieve in 1988 and were seeking any feedback the Mayor and Council-
17 members might want to offer related to either the short term tasks the
18 staff had set for itself or longer term goals to be discussed further
19 when the staff and Councilmembers meet to do that planning.
20 Councilmember Makowske asked -that the list be made a part of the
21 retreat agenda and indicated he was .particularly appreciative that Mr.
22 Hamer had listed areas where he was looking for policy consideration
23 with regard to the tennis courts , concrete street repairs , and
24 recycling.
25 Government Training Service Re resentative to Facilitate Goal Setting
26 REtreat
27 The Council concurred with Mr. Childs ' recommendation that Barbara
28 Arney be retained to facilitate the planning sessions with Lyle
29 Sumekto be contacted to facilitate next year ' s session, if he is
30 available. When he indicated the last weekend in February seemed to
31 be the best time for most of the staff , Councilmember Marks reminded
32 the other Councilmembers that he is teaching a class every Saturday
33 through March 26th and he wondered if the retreat could be delayed
34 until after April 1st. The Manager indicated he would see if Ms .
35 Arney and the department heads would be available for the weekend of
36 April 8th and 9th. All agreed that there were too many things
37 scheduled after those dates to .hold the meeting any later in April.
38 Council Action
39 Motion by Makowske, seconded by. Enrooth to. authorize the City Manager
40 to schedule a long range goal setting and planning retreat. for Friday
41 evening, April 8th and all day Saturday, April 9th, at the Scanticon
42 Center -in Plymouth and if that is not possible to go back to the
43 weekend of February 26th and 27th as- originally planned. •
4
1 Motion carried unanimously.
2 Executive Session with Attorneys Scheduled for 5 : 30 P.M. , January 1.8th
3 Mr. Childs reported. a rather unsuccessful attempt to reach a settle-
4 ment during the meeting between City officials and representatives of
5 the Army, Honeywell l, etc . , January 5th which had caused Briggs and
6 Morgan to suggest the above to review what had happened at that
7 meeting and to develop some strategy for proceeding with negotiations
8 to get a settlement in conjunction with the City' s lawsuit related to
9 St. Anthony' s water contamination problems .
10 There was also agreement that the City Manager ' s contract would be
11 considered at that same meeting.
12 PUBLIC HEARING ON ST. ANTHONY BOULEVARD IMPROVEMENTS
13 At 8 : 02 P.M. , the Mayor opened the hearing to consider the reconstruc-
14 tion of St. Anthony Boulevard between the Burlington Northern bridge
15 and the southern City limits to include a new 32 foot wide bituminous
16 roadway with new curb and gutters and replacement of existing catch
17 basins and leads at an estimated cost of $443 , 000 .
48 Mayor Sundland read the notice of the hearing which had been published
9 in the December 30 , 1987 and January 6 , 1988 Bulletin and sent to the
20 property owners within 200 feet. None of the abutting property owners
21 ( Sunset Memorial Gardens and Minneapolis Park Board) were present to
22 object to the content of the notice nor to provide input to the
23 discussion.
24 Documentation in the agenda packet included:
25 *Notice of Hearing
26 *April 2 , 1987 MN DOT letter granting variance for 32 rather
27 than 36 foot wide street
28 *Copy of February, 1986 , City of St. Anthony Public Improve-
29 ments Assessment policy
30 *January 20 , 1987 Preliminary Design Report from Project Engin-
31 eer Robert C. Robertson of Rieke Carroll Muller Associates,
32 *Proposed Resolution 88-007 ordering project.
33 Mr. Robertson and Mr. Hamer indicated the following about the project:
34 *that by reducing the width of the roadbed from 36 to 32 feet,
35 the project cost had been decreased from $460 , 000 to $430 , 000 ;
36 *_the difference had not been greater because the four foot por-
37 tion which had been eliminated did not include concrete which
38 would have had to be dug up;
09
5
1 *the- street would cost $158 .00 per running foot for 2 , 800 feet .
2 of .which $26 : 1.0. a . foot or $72 , 780 - for each side could- .be
3 assessed .under .City ' policy 'if the City -:assessed the .two abutting
4 property owners - for .2 , 800 feet on each: side. of the street.
5 Assessing the - Minneapolis Park Board for the Gross Golf Course
6 property on the east side was then explored. Mr. Soth':s response was
7 to suggest the legal ramifications of that course of action should be
8 .explored during an executive session.
9 Councilmembers Perceive Necessity for Rebuilding Road Irrefutable
10 Councilmember Marks concurred that the above was true , but said he
11 feared the new roadbed would just encourage a "racetrack" along the
12 Boulevard. Chief Hickerson indicated his officers would be exercising
13 increased vigilance to maintain the speed limit on the street.
14 Construction Timetable to be Speeded Up
15 Councilmember Ranallo said he knew the Liquor Manager was very
16 apprehensive about loss of Stonehouse revenues during the period the
17 road is shut down and asked the Project Engineer whether the construc-
18 tion timetable of two months could possibly be reduced to. six weeks or
19 less . Mr . -Robertson told him the two months deadline included sodding
20 restoration and work which would not require the roadway to be shut
21 down. He indicated_ that, barring bad weather, since this was not a
22 residential area , it might be possible to have the crews work longer
23 days than normal.
24 Mr. Hamer agreed that strict rules could be laid down during the
25 preconstruction conferences with the contractor to avoid the type of
26 delays encountered by Ramsey County when they rebuilt County Road D.
27 Noting the absence of abutting property owners , Mr. Childs pointed
28 out that an assessment hearing would have to be held later.
29 The hearing was closed at 8 : 20 P.M.
30 Council Action
31 Motion by Ranallo, seconded by Marks to adopt the resolution which
32 orders the reconstruction of the portion of St.. Anthony Boulevard
33 south of the Burlington Northern bridge for $443 , 000 as per the
34 Council ' s December 8 , 1987 resolution and to direct Rieke Carroll
35 Muller Associates , Inc.. to prepare plans and specifications for making
36 such improvements .
37 RESOLUTION 88-007
38 A RESOLUTION ORDERING IMPROVEMENT AND
39 PREPARATION OF PLANS
40 Motion carried unanimously. •
6
i
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•l NEW BUSINESS
2 Madden; London Reappointed and Brownell Selected as Replacement on
3 1988 Planning Commission
4 Motion by Marks, seconded by Ranallo to appoint Edward W. Brownell- III
(Ted) , 3205 Skycroft Drive, to fill in John Wingard' s unexpired two
6 year term and to reappoint John Madden and Steve London to three year
7 terms on the St. Anthony Planning Commission starting with the January
8 19 , 1988 meeting.
9 Motion carried unanimously.
10 Council Accepts $2 , 656 . 00 Bid for Hand Paint Striping Machine
11 Motion by Marks , seconded by Ranallo to accept the low bid and award
12 the contract of $2656 . 00 to Prismo Safety Corporation, 400 LaLandix
13 Plaza, Parsippany, NJ, for a hand paint striping machine, for which
14 the estimated budget was $2 , 500 .
15 Motion carried unanimously.
16 Public Works Authorized to Buy 3%4 Ton Pickup Through County
17 Motion by Marks , seconded by Ranallo to follow the recommendations of
�8 the Public Works Director that $11 , 859 plus the 6% excise tax the City
9 is now required to pay be paid for the above vehicle, which was bid by
20 Hennepin County and for which $12 , 000 was budgeted in the- 1988 budget.
21 Motion carried unanimously.
22 Hamer Says Columbia Heights Provides . Valuable Engineering Services
23 Related to Student Supervision on As Builts
24 The Public Works Director confirmed that the above was true about many
25 of the supplemental engineering services Columbia Heights had provided
26 over the years. He perceived the 1988 charges listed in the December
27 18th letter represented a savings to the City.
28 Council Action
29 Motion by Marks, seconded by Makowske to approve the 1988 service
30 charges to be paid Columbia Heights for supplemental engineering
31 services as per the December 18th listing of those charges by the
32 Columbia Heights Assistant Engineer and as previously approved .by the
33 City Councils of Columbia Heights and St. Anthony.
34 Motion carried unanimously.
35 Bonniwell Retained Third Year to Do End of Year City Audit .
•
7
1 -.Councilmember Ranallo reminded Councilmember Enrooth that during the .
2 budget considerations the Council Thad decided to stay with:.- this •.
3 auditor for another year because Finance Director .Johnson would be
4 retiring iA the middle of the year ' and would be replaced by new
5 accounting personnel. However, there was also concurrence that the
6 City would go out for bids, next year.
7 Council Action
8 Motion by Marks , seconded by Makowske to authorize the signing of the
9 December 21 , 1987 letter of understanding for Stuart J. Bonniwell to
10 do the City audit for the year ending December 31 ; 1987 as per that .
11 letter of understanding.
12 Motion carried unanimously.
13 Ranallo -to Again Serve as Mayor Pro Tem
14 Motion by Marks , seconded by Makowske to adopt the resolution which
15 designates Clarence Ranallo as St. Anthony Mayor Pro Tem for 1988 .
16
17 RESOLUTION 88-001
18 A RESOLUTION DESIGNATING MAYOR PRO TEM
19 - - FOR CALENDAR. YEAR 1988..
20 Voting on the motion: 1
21 Aye: Marks , Makowske , Sundland, Enrooth.
22 Abstention: Ranallo.
23 Motion carried.
24 Signatures Authorized for Deposit Withdrawals
25 Motion by Ranallo, seconded by Marks to adopt Resolution 88-002
26 authorizing the above.
27 RESOLUTION 88-002 -
28 A RESOLUTION APPROVING THE SIGNATURE OF THE MAYOR,
29 FINANCE DIRECTOR, AND THE CITY MANAGER ON ALL
30 DRAFTS DRAWN AGAINST DEPOSITS OF THE
31 CITY OF ST. ANTHONY, MINNESOTA
32 Motion carried unanimously.
33 Bulletin Designated City' s Legal Newspaper
•
8
1
•1 Motion by Makowske., ,seconded by Enrooth to adopt ,the resolution which
2 make§ the above designation as -per the application rrom the Bulletin
3 Editor dated December 15 , 1.987 .
4.: RESOLUTION 88-003
A RESOLUTION DESIGNATING LEGAL NEWSPAPER
6 FOR THE CALENDAR YEAR 1988
7 Motion carried unanimously.
8 March 15th to ' be Cut-Off Date for Receiving Public Improvements
9 Petitions
10 Motion by Marks , seconded by Enrooth to adopt Resolution 88-004 .
11 RESOLUTION 88-004
12 A RESOLUTION ESTABLISHING MARCH 15 , 1988
13 AS CUT-OFF DATE FOR RECEIVING PETITIONS
14 FOR PUBLIC IMPROVEMENTS
15 Motion carried unanimously.
16 St. Anthony National Bank to Serve as Official Depository for City
47 Funds
18 Motion by Marks , seconded by Makowske to adopt Resolution 88-005 after
19 the year in paragraph 3 has been corrected to read "1988" .
20 RESOLUTION 88-005
21 A RESOLUTION DESIGNATING THE OFFICIAL
22 DEPOSITORY FOR CITY FUNDS
23 Motion carried unanimously.
24 Action Tabled on Northern Mayors ' Association Funding
25 The benefits which St. Anthony might derive from increasing the above
26 funding to $1 , 933 per year were explored at great length with the
27 City Manager and the Mayor. Both had talked to Brooklyn Park Mayor
28 Krautkremer about his December 28th request for a City resolution to
29 support an .association budget of $100 , 000 to hire. a full time staff
•30 and operate an office or to retain competent consultants who :would
31 lobby the legislature for better transportation' and economic develop-
32 ment for the northern suburban areas. The general consensus appeared
33 to be against such a large increase for which no budget had been
34 adopted, but rather than denying the request outright, the matter was
35 tabled as follows :
*I Council Action
9
1 Motion by 'Ranallo;* seconded. by Marks to table- action on Resol.ution�,88-
2 006 with tfie request that the* City Manager arrange to have a _represe
3 tative from the Northern Mayors ' Association come in to discuss thee.
4 issue further with the Council.
5 RESOLUTION 88-006
6
7 A RESOLUTION IN SUPPORT OF INCREASING FUNDING
8 FOR THE NORTHERN MAYORS ' ASSOCIATION
.9 Motion to table carried unanimously.
10 Chief Hickerson Gives Reasons for Amending Weapons and Controlled
11 Substances Ordinances
12 As he had indicated in his . December 28th memorandum on the proposed
13 ordinance changes , the Police Chief said his police officers perceived
. 14 a need for specifically identifying various types of assault weapons
15 which they are now encountering on the streets and in the schools
16 which to date have not been addressed by ordinance. He also ex-
17 plained the frustrations of arresting someone who had under 2 ounces
18 of marijuana or 3 grams of cocaine in possession but who cannot be
19 prosecuted for having those amounts because the County Attorneys '
20 guidelines recommend against prosecuting- these possessions as feloni-
21 es . Chief Hickerson said he would like the ordinance modified so
22 possession of these amounts could at least be prosecuted as:.mis-
23 demeanors in St. Anthony.
24 Mr. Soth indicated he had reviewed both ordinances .
25 Council Action
26 Motion by Ranallo, seconded by Marks to approve the first reading of
27 Ordinance 1988-001 .
28 ORDINANCE 1988-001
29 AN ORDINANCE RELATING TO WEAPONS , AMENDING
30 SECTION 925 OF THE 1973 ST. ANTHONY CODE OF
31 ORDINANCES IN ITS ENTIRETY; REPEALING SECTION
32 930 OF THE 1973 ST. ANTHONY CODE OF ORDINANCES
33 Motion carried unanimously.
34 Motion by Marks , seconded by Sundland to approve the first reading of
35 Ordinance 1988-002 .
10
5
•1 ORDINANCE 1988-002
'I
' 2 . AN ORDINANCE RELATING TO THE REGULATION OF
13 CONTROLLED SUBSTANCES; AMENDING THE 1973
4 CODE OF ORDINANCES TO ADD. A SECTION
5 Motion carried unanimously.
6 ADJOURNMENT
7 Motion by Enrooth, seconded by Makowske to adjourn the meeting at
8 8 : 45 P.M.
9 Motion carried unanimously.
10 Respectfully submitted,
11 Helen Crowe, Secretary
12
13 Mayor
14 ATTEST:
15 City Clerk
16 :cjk
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•
11
C 2 TY O F S T . ANTHONY
C OUN C 2 L M 2 NUT E S
.�ANUARY
26 , 3- 988
1 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance
2 led by Mayor Sundland.
3 Present for roll call: Marks , Ranallo, Sundland, Enrooth, Makowske.
4 Also present: David Childs, City Manager
5 JANUARY 12, 1988 COUNCIL MINUTES
6 Motion by Marks, seconded by Ranallo to approve with the following
7 . changes:
8 Page 3 , line 16: Change "YBS" to "YSB" .
9 Page 4 , line 21 : Correct typo "he" to "she" .
10 Motion carried unanimously.
11 LICENSES/PERMITS/PETITIONS
012 Motion by Ranallo, seconded by Marks, to grant - licenses to the
13 following as listed in the, January 26th Council agenda packet:
14 Contractors
15 DeMars Signs , Minneapolis
16 First Choice Exteriors, Maple Grove
17 Rubbish Removal
18 Aagard Sanitation, St. Paul
19 Motion carried unanimously.
20 CLAIMS
21 Mannings Waitress Costs Split
22 Mr. Childs explained to Councilmember Makowske that the above costs
23 were split with the restaurateur during periods when his waitresses
24 served alcoholic beverages with food to Stonehouse customers. He
25 also agreed to check out the inconsistencies in check numbers in the
26 liquor operation report ( 11657-58-59) .
•
E +
1 Council Action
2 Motion by Marks , seconded by Makowske to approve payment of all
3 liquor accounts payable for December 31st to January 15th and the
4 December 31st City accounts payable as listed in the Council' s
5 January 26th agenda packet.
6 Motion carried unanimously.
7 Motion by Makowske, seconded by Enrooth to approve payment of
8 $8, 000. 00 to Corporate Resources Insurance Agency, Inc. under the
9 agreement dated June 1 , 1987 .
10 Motion carried unanimously.
11 Motion by Marks, seconded by Enrooth to approve payment of
12 $1, 292 . 00 to the League of Minnesota Cities Labor Relations
13 Subscriber Service for services from March 15 , 1988 through March
14 14, 1989.
15 Motion carried unanimously.
16 Developer to Pay Extra Engineering Costs for Kenzie Terrace Signal
17 and Redevelopment Project Changes
18 The $1 , 300. 00 bill from Rieke Carroll Muller represented an
19 additional charge to the $8, 000 engineering contract for the traffic
20 signals which would be paid from CDBG funds, Mr. Childs told
21 Councilmember Enrooth. He said the engineer' s charge for additional
22 services, including the traffic study and planning for a different
23 entrance configuration, had resulted from the engineers meeting with
24 the Gaughan Company to plan for changes in the center median,
25 driveways, sidewalks, handicapped curb aprons, etc. and those costs
26 would eventually have to be paid by the project developer.
27 Council Action
28 Motion by Makowske, seconded by Enrooth to approve payment of
29 $1, 300. 00 to Rieke Carroll Muller Associates, Inc. for extra
30 engineering services on the Kenzie Terrace Redevelopment Project.
31 Motion carried unanimously.
32 Motion by Makowske, seconded by Ranallo to approve payment of
33 $216. 45 in 1988 membership dues to the Ramsey County League of Local
34 Government.
35 Motion carried unanimously.
36 Motion by Ranallo, seconded by Marks to approve payment of
37 $3 , 492. 29 to the Briggs and Morgan law firm for professional
38 services rendered in connection with the City' s law suit against the
2 •
I U.S. Army et al related to St. Anthony' s water contamination
2 problems.
3 Motion carried unanimously.
4 Motion by Ranallo, seconded by Marks to approve payment of $2,750. 85
5 as the City' s share of costs for work performed and expenses
6 incurred connection with the consulting services provided by Bruce
7 A. Liesch Associates, Inc. up to December 15th in conjunction with
8 the above lawsuit.
9 Motion carried unanimously.
10 Motion by Makowske, seconded by Marks to approve payment of
11 $2 , 200. 00 to the Hance & LeVahn law firm for legal services rendered
12 for the month of January, 1988 , relative to St. Anthony
13 prosecutions.
14 Motion carried unanimously.
15 Motion by Marks, seconded by Enrooth to approve payment of
16 $26 , 082. 04 to the Metropolitan Waste Control Commission for January
17 sewer services.
18 Motion carried unanimously.
019 Motion by Marks, seconded by Sundland to approve payment of
20 $7 , 967. 00 as budgeted to the Northwest Suburban Youth Services
21 under the 1988 joint powers agreement with that organization.
22 Motion carried unanimously.
23 Motion by Marks, . seconded by Makowske to approve payment of
24 $1 ,749. 00 in annual membership dues to the Association of
25 Metropolitan Municipalities.
26 Motion carried unanimously.
27 Motion by Enrooth, seconded by Sundland to approve payment of
28 $932 .78' to the Dorsey & Whitney law - firm for legal services
29 rendered during November, 1987 , $192. 50 of which would be paid from
30 the liquor operation funds for legal services related to the Advance
31 United Expressways, Inc. bankruptcy which resulted in several
32 insufficient fund checks being cashed in the City stores.
33 Motion carried unanimously.
34 REPORTS
35 COUNCIL
•
3
1 Engstrom Named Officer of the Year by Fridley Knights of Columbus
2 Mayor Sundland said he had attended the appreciation dinner where
3 the BVM Council of the Knights of Columbus had honored Captain
4 Richard Engstrom as St. Anthony' s Officer of the Year. The Mayor
5 reported that in addition to the award, Captain Engstrom had been
6 given a choice of charities to whom the Knights would donate
7 $150 . 00. He said he had been impressed when the recipient chose
8 to split the donation between the Red Cross and the Salvation Army
9 because both organizations "had given so much help to the St.
10 Anthony community after the 1984 tornado. "
11 Mayor Sundland asked Councilmember Ranallo, who is Grand Knight of
12 the Fridley Knights of Columbus Council, to convey his own and the
13 rest of the Council ' s gratitude for this recognition of the City
14 Police Department.
15 Makowske Perceives North Suburban Mayors Association Responsible for
16 Area Plug in Travel Magazine
17 Councilmember Makowske passed around a copy of the latest AAA travel
18 guide which touted the north Minneapolis area as a good vacation
19 choice, saying she suspected this might be one of the first efforts
20 by the Association to gain more recognition for the northern
21 metropolitan area. In the same regard, Mayor Sundland reported
22 arrangements have been made to have Brooklyn Park Mayor Krautkremer
23 appear before the Council in February to lobby support for an •
24 increased Association budget to continue those efforts.
25 Ranallo Reports Busy Schedule for Gopher One Call System Board
26 Members
27 The Board of Directors for the above organization has been very
28 active, Councilmember Ranallo said, setting up and taking bids for
29 this legislative mandated system. The organization is responsible
30 for identifying all underground utility, natural gas and oil lines
31 and providing such information to anyone who seeks permission to dig
32 anywhere in the state, thereby avoiding ruptures similar to that
33 which occurred in MoundsView. The Councilmember said the Board on
34 which he serves have been meeting with representatives of the area' s
35 utility companies in an attempt to computerize all available grid
36 information. However, the problem still remains to identify
37 underground lines like the gas line the City encountered when they
38 were rebuilding St. Anthony Boulevard which no one knew anything
39 about. Even gas grills which residents put in, with or without the
40 gas company' s knowledge, pose special problems for the system, he
41 added. The Board is now ready to take bids on the system and the
42 Councilmember indicated he anticipated there would be a lot of
43 activity from now on starting with an informational meeting in Grand
44 Rapids the following day.
4
1 Marks Reports Beneficial Youth Service Bureau Retreat
2 There were a number of municipal officials who participated in the
3 above the weekend of January 15th the Councilmember indicated. He
4 said one of the most helpful issues which were pursued was the
5 perception that Boards should give better directions regarding the
6 main thrust of their organizations to the membership. In response
7 to these inadequacies, the YSB will set up a program of position
8 descriptions so board members will know exactly what is expected of
9 them.
10 Councilmember Marks indicated he expected to be on jury duty for
11 several more weeks.
12 DEPARTMENTS AND COMMITTEES
13 Before the Hance & LeVahn report on cases they had prosecuted at
14 Hennepin County District Court on January 6th was ordered filed,
15 Councilmember Marks commented he was glad to see the Court require
16 at least some payment of the City' s costs.
17 CITY MANAGER REPORTS
18 January 22 , 1988 Staff Meeting Notes
19 *During the consideration of the 1988 goals adopted by the Fire
,020 Department, Mr. Childs indicated the proposed $7, 500 expenditure
21 for an air compressor to replenish the oxygen in the Department' s
22 air masks and resuscitators would have to be considered in some
23 future budget session.
24 *In reference to the Police Chief Hickerson' s observations related
25 to the school district' s deferring maintenance items in antici-
26 pation of the potential transfer of Parkview' s ownership, the
27 Manager indicated staff was documenting all deferred items which
28 would have to be taken care of before the City would take over the
29 building.
30 *Mr. Nelson' s recommendations related to a joint grand opening for
31 the new Stonehouse restaurant and liquor warehouse operations were
32 explored briefly with arguments made for more exposure through
33 several events. Mr. Childs indicated he would relay these concerns
34 to the Liquor Manager who he was certain would be open to any
35 Council suggestions. Councilmember Enrooth suggested restaurant
36 and liquor store patrons might have to compete for the same parking
37 spaces when both operations are running at full capacity. The
38 Mayor agreed, saying Mr. Nelson had told him Mr. Manning antici-
39 pated business in his St. Anthony restaurant might surpass his
40 other two southeast Minneapolis locations.
41 Liquor Warehouse Addition Expected to be Completed by End of Week
5
i
1 Mr. Childs said he had determined the above was possible after a
2 marathon meeting January 21st with the architect and the
3 contractor. During that meeting Fulco had agreed to reduce the
4 contract costs by $4 , 500 to cover the project delays and the extra
5 rent the City had to pay in the other location because of those
6 delays. The Manager said concessions were also negotiated with the
7 architect to cover plan errors , one of which was the installation. of
8 the fire protection ceiling soffit which appeared as Item 5 in the
9 Contract Change Order before the Council that evening. He indicated
10 the City would be reimbursed $160. 00 by BWBR for overlooking that
11 item in the original plan and the architect would have to pay part
12 of the $310.00 it cost to return the doors to the factory to get
13 holes drilled for the mortise locks.
14 Mr. Childs recommended the Council approve the Change Order with the
15 understanding that another would be issued to cover the costs of the
16 door openers and closers as well as the extension of the project
17 completion date to January 29th (or the date that happens) . Some
18 retainage should also be expected to cover concrete work to be done
19 next spring. He also assured Councilmember Makowske the City had
20 gotten certification that all the subcontractors had been paid.
21 Council Action
22 Motion by Ranallo, seconded by Makowske to approve payment of Change
23 Order 04 for $550 . 00 on the Stonehouse liquor warehouse addition.
24 Motion carried unanimously. •
25 April 12th Board of Review Scheduled
26 Motion by Ranallo, seconded by Marks to schedule the St. Anthony
27 Board of Review to be held at 6 : 30 P.M. prior to the regularly
28 scheduled Council meeting, April 12, 1988.
29 Motion carried unanimously.
30 February 23rd Precinct Caucuses Cause Rescheduling of Last February
31 Council Meeting
32 Mr. Childs had included copies of the notice regarding the precinct
33 caucuses in the Council' s agenda packets and pointed out that the
34 Council meeting scheduled for the same evening would include not
35 only the report on the February 16th Planning Commission meeting but
36 also what could be a very detailed report on the community survey
37 taken in December. He said he understood the latter might be
38 especially interesting because the surveyors had already reported
39 finding St. Anthony residents with "varied but very strong
40 opinions" on many of the issues the survey covered.
41 Council Action
6
• 1 Motion by Ranallo, seconded by Makowske to reschedule the Council' s
2 second meeting in February to 7 : 30 P.M. , February 24th, in
3 compliance with the state law forbidding other official meetings
4 to be held after 6: 00 P.M. the evening of the caucuses .
5 Motion carried unanimously.
6 Long Term Planning and Goal Setting Retreat to be Held February 26-
7 27th
8 During the discussion of the above, Councilmember Marks reiterated
9 that although he would be able to attend the Friday evening session,
10 the class he would be teaching on Saturday would prevent him from
11 attending that session.
12 NEW BUSINESS
13 DENNIS MURPHY AND TOM GOULD TO REPRESENT THE CITY ON NORTH SUBURBAN
14 CABLE COMMISSION
15 Motion by Marks, seconded by Enrooth to appoint Dennis Murphy, 3412
16 Downers Drive, to a one year term on the above commission with Tom
17 Gould continuing to serve for one year as alternate under the
18 conditions related to attendance and information sharing set forth
19_ in the Council' s January_26th_4genda.. _The_Co.uncil_requests_that— _
•20 copies of these conditions be sent to both Mr. Murphy and Mr. Gould.
21 Motion carried unanimously.
22 City Manager' s 1988 Employment Agreement Approved
23 Motion by Ranallo, seconded by Marks to adopt the resolution which
24 authorizes execution of the 1988 employment agreement with Mr.
25 Childs.
26 RESOLUTION 88-008
27 A RESOLUTION AUTHORIZING THE MAYOR OF THE
28 CITY OF ST. ANTHONY TO EXECUTE THE
29 EMPLOYMENT AGREEMENT BETWEEN DAVID M. CHILDS
30 AND THE CITY OF ST. ANTHONY
31 Motion carried unanimously.
32 UNFINISHED BUSINESS
33 Ordinance amendments related to weapons and controlled substances
34 were given second readings.
35 Motion by Ranallo, seconded by Makowske to approve the second
36 reading of Ordinance 1988-001.
7
1 ORDINANCE 1988-001
2 AN ORDINANCE RELATING TO WEAPONS, AMENDING
3 SECTION 925 OF THE 1973 ST. ANTHONY CODE OF
4 ORDINANCES IN ITS ENTIRETY; REPEALING SECTION 930
5 OF THE 1973 ST. ANTHONY CODE OF ORDINANCES
6 Motion carried unanimously.
7 ORDINANCE 1988-002
8 AN ORDINANCE RELATING TO THE
9 REGULATION OF CONTROLLED
10 SUBSTANCES; AMENDING THE 1973 CODE
11 OF ORDINANCES TO ADD A SECTION
12 Motion carried unanimously.
13 ADJOURNMENT
14 Motion by Ranallo, seconded by Enrooth to adjourn the meeting at
15 8: 20 P.M. for the St. Anthony Housing and . Redevelopment Authority
16 meeting which followed immediately.
17 Motion carried unanimously.
18 Respectfully submitted,
19 Helen Crowe, Secretary
20 ATTEST:
21 Mayor City Clerk
22 :cjk
8