HomeMy WebLinkAboutPL PACKET 07191988 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1988
Document: PL PACKET 07191988
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City of St. Anthony
Planning Commission Agenda
July 19, 1988
7: 30 P.M.
A. Call to Order.
B. Roll Call .
C. Minutes.
1 . Planning Commission - June 21 , 1988.
D. Designate Commission Representative to the City Council
Meeting on July 26, 1988.
• E. Public Hearings.
• 1 . 7: 35 P.M. - 88-15 Conditional Use for Motorcycle Sales
and Accessories.
2 . 7: 45 P.M. - 88-16 Setback Variance at 4029 Penrod Lane.
F. Other Business.
G. Adjournment.
•
• C= TY O F S T . ANTHONY
P L ANN 2 N G C OMM 2 S S= ON M=NUTS S
.?UNE 2 1 1 9 8 8
1 OPENING
2 The meeting was opened at 7 : 30 P.M. with the Pledge of Allegiance led
3 by Chair Wagner.
4 CONSM ITffi�S
5 Present for roll call: Brownell , London, Franzese, Hansen, Wagner,
6 Werenicz , and Madden.
7 Also present: David Childs, City Manager.
8 Motion by Hansen, seconded by Brownell to approve with the following
9 changes:
• 10 Page 5, line 32: Substitute "give" for "given" .
11 Page 8, line 29: Substitute "a triangular parcel about 1 acre"
12 for everything between "included" and "on the" .
13 Page 10, line 38: Substitute "of" for "to" .
14 Page 11 , line 19: Substitute "of" for "to" .
15 Page 12 , line 30: Substitute "pond" for . "vond" .
16 Page 12 , line 33 : Substitute "aeration" for "generation" .
17 Page 15, line 20 : Substitute "were" for "will be" .
18 motion carried unanimously.
. 19 Commissioner Madden Will Represent Planning Commission at Council's
20 June 28 . 1988 Meeting
21 DISCUSSION ITffi+I
22 Commissioners Show Mixed Feelings About Wall Mural for Back of St.
23 Anthony Shopping Center
24 Rod Johnson, project manager for St. Anthony Shopping Center for the
25 Eberhardt Company, distributed three colored concept drawings for the
26 proposed mural indicating that:
27 *the suggestion for the mural to be painted on the wall behind the
28 Fun Center and Snyder Bros. Drug Store to face the City fire sta-
• 1
i
1 tion and to be seen from Kenzie Terrace had come from the center
2 owners' New York representative when he was in town recently; •
3 *three artists had been asked to make colored drawings and Mr.
4 Johnson indicated he personally preferred the colored version of
5 the drawing in the agenda packet which included the City's logo
6 against the backdrop of Minneapolis and St. Paul skylines and the
7 Mississippi River;
8 *including the logo would project the residents' preference to have
9 their community called a Village and would conform with the sug-
10 gestion the owners rep had made that the center name might
11 eventually be changed to "St. Anthony Village Shopping Center" ;
12 *the mural cost of $1 ,500 . 00 would be minimal and could- be taken
13 from cash flows from the center -as compared to what could cost
14 from $150 ,000 .00 to $200 ,000.00 for the owners to provide stand-
15 ardized signage for the entire center;
16 *the mural in the agenda packet would be painted in muted, not
17 garish, colors to match the buildings' exterior brick because it
18 would retain a "residential" appearance which would not become
19 passe in a few years;
20 *the painting would be sealcoated to prevent fading;
21 *the center would- be asphalting the back of the center just as soon •
22 as the City completes its construction work in that area;
23 *Eberhardt has just recently sent all store owners a memorandum
24 telling them that if they don't keep these areas as well as their
25 sidewalks cleaned up, the center managers will hire someone to do
26 the cleaning and charge the store owners whatever it costs;
27 *if the City is not happy with the finished mural , the center
28 managers would remove it;
29 *he perceived the only variance which might be necessary would be
30 for the logo itself.
31 Staff Re�rt
32 Childs June 16th memo indicating uncertainty on how to handle re-
33 quest since the concept is not addressed in the City Ord-
34 inance and raising questions about whether murals could be
35 considered signs and, if so, whether a mural could be
36 considered appropriate signage for a commercial area;
37 perceived that adding the City logo might have brought
38 the mural more closely into the ordinance description of a
39 sign for which a variance might be necessary.
2 •
I Commissioner Hansen questioned why, when the City for years had
2 found it impossible to communicate at all with the center owners
• 3 regarding signage for the center, they had all of a sudden come up
4 with a $1 , 500.00 mural instead of the uniform signage the center
5 really needed. He said he would rather see the $1 , 500. 00 saved for
6 that purpose.
7 Mr. Johnson told him the center owners had never realized relations
8 with the City had deteriorated to the extent they had until after Joe
9 DiSanto replaced Irene Drummin New York last August. Since then ties
10 with the City had been renewed and $125 ,000 had been spent in
11 improvements . The Eberhardt manager reiterated information he had
12 given at another meeting regarding the center owners' intent to
13 overfinance a Dallas property by $300 ,000.00 to pay for upgrading the
14 St. Anthony center to include standardized signage. Mr. Johnson said
15 store owners are currently responsible for paying for their own
16 signs and two of them, Don Leary and the owner of Kelly's Tots and
17 Teens are examples of store owners who want to keep the signage they
18 have.
19 The center manager added that one indication that standard signage is
20 a real possibility is the fact that the prospective renters of half
21 of the vacant Penny's Supermarket space have indicated they wouldn't
22 sign any lease which didn't guaranty uniform signage would be
23 forthcoming. He conceded that the center managers were still waiting
24 for the go ahead on the standard signage which they had originally
25 thought would be given by this time.
• 26 Staff Requested to Provide Tax Increment Financing for Uniform
27 Signaue
28 When the proponent reported his company's request, Mr. Childs
29 indicated his doubts whether new state legislation related to this
30 type of funding would allow the City to do this. He said the City
31 wants to help get the center upgraded and confirmed that there had
32 been more communication between the City in the last eight months
33 since Mr. DiSanto had taken over in New York than there had been in
34 the preceding 8 years. The Manager said he perceived Mr. DiSanto
35 seemed more than willing to do something to upgrade the center.
36 However, Mr. Childs agreed with Commissioner Hansen that standardized
37 signage would accomplish that better than a mural on the back of the
38 center.
39 The Manager agreed with Commission concerns about how the mural might
40 look after it was up and its maintenance after a few years. He- said
41 he knew murals had been used effectively in other municipalities but
42 felt that the decision of just how professional the proposed mural
43 would , look or how well it would fit into that area once it is up
44 should be made by the Commission and City Council.
45 Johnson Answers Some Concerns
• 3.
1 When Commissioner Hansen said he still had a hard time understanding
.2 why Eberhardt had chosen to put money into a mural rather than
3 towards the uniform signage the City had been requesting over the•
4 years , Mr. Johnson reiterated that the $1 , 500.00 could be taken from
5 cash flow monies which are inadequate to cover both a large project
6 like uniform signage and the costs of getting stores ready for new
7 tenants.
8 Commissioner Werenicz commented that he perceived that when the
9 center manager had decided to put the City logo into the sign he had
10 created a "huge sign for which a variance the size of which no other
11 applicant had ever been granted" . He also anticipated future
12 applicants would see the mural as nothing more than a large sign
13 advertising the City which established a precedent for future signage
14 of the same size all over the City.
15 The Commissioner agreed with Mr. Childs that "beauty is in the eye of
16 the beholder" , but said he perceived a similarity with the
17 "atrocious" paintings on the side of buildings in the Cedar Riverside
18 area.
19 Commissioner Hansen drew a comparison between the mural and
20 billboards whose intent is to draw the public's attention and which
21 had been banned from the City because they diverted drivers'
22 attention. He questioned whether such diversion would be smart in an
23 area like this one where a lot of traffic converges onto Kenzie
24 Terrace from three different busy streets.
25 The Commissioner also wondered whether the City would have any more
26 control over the maintenance of this mural than had been demonstrated
27 over the "disgracefully deteriorated" pylon sign which identified the
28 other shopping center in the same area before it was torn down to
29 make way for the new senior building.
30 Commissioner London agreed with Commissioner Werenicz inference that .
31 some murals were "low budget, stopgap measures to temporarily
32 brighten up run down neighborhoods. " He told Mr. Johnson he thought
33 he should save his money for some real improvements in the shopping
34 center.
35 Commissioner Madden said he would favor adding the City's logo to
36 the mural as "a boost for the City" . He pointed to several "very
37 attractive" murals like the temporary one on the back of the WCCO
38 building and another on the Valspar building which he thought had
39 both been well done.
40 Mr. Childs told Mr. Johnson he could see where there was little
41 chance there would be a favorable consensus on the Commission for a
42 logo on the mural . He also said that as far as the City needing a
43 sign to boost it, $5,000.00 is about to be spent for a sign in
44 Trillium Park which would be similar to the entrance sign to Blaine.
45 The Manager said his own personal opinion was that having the City
4 •
1 logo on a mural so close to this sign might be perceived to be
2 "overdoing it" . The consensus of the Commission was that there was
• 3 little or no support for a logo.
4 Commissioners London and Werenicz are against a mural . Commissioners
5 Madden, Wagner, Franzese and Brownell are more in favor of a mural
6 and Commissioner Hansen might be in favor, but absolutely not with a
7 logo.
8 ACTION ITEMS
9 PUBLIC HEARINGS
10 Commissioners Like New Rapid Oil Plans
11 At 8 : 25 P.M.. the Chair read aloud the Notice of the Hearing to
12 consider the variance request from Rapid Oil for 3 wall signs to be
13 erected on the new building - the company proposes to construct on
14 their property at 3701 Silver Lake Road. No one present reported
15 failure to receive the notice which had been published in the June
16 8th Bulletin and sent to all property owners of record within 200
17 feet of the subject property nor did anyone object to its content.
18 Application for:
19 2 wall signs of 27. 5 square feet each, one facing southeast and the
20 other facing northwest;
• 21 1 wall sign of 33 square feet facing the southwest;
22 total signage of 87. 5 square feet where the Sign Ordinance only
23 allows 1 wall sign totalling 80 square feet.
24 Staff Report:
25 *Childs reiterated information contained in his June 16th
26 memorandum, including the change in plans to construct a new building
27 rather than to remodel the old one;
28 *indicated that because of the site restraints from the
29 drop off towards the NSP substation to the north and loss of 17 feet
30 of land on the south to the County Road D reconstruction project,
31 and the need for better traffic flow for their operation, Rapid Oil
32 had decided to angle the new building in such a manner that they now
33 perceived they needed signage on three sides;
34 *perceived there might be justification for granting a
35 variance for a third sign because of these restraints and because the
36 City has traditionally allowed two signs on a corner;
37
• 5
1 *pointed out that even with the 3 signs, the proposal only
2 required a total of 87-1j2 square feet where the ordinance allows 80 •
3 square feet for one sign.
4 Proponents: Rapid Oil project managers, Robert Mikulak and Mark
5 Gilbertson.
6 *discussed various points in the letter attached to the
7 Petition for Sign Variance, including the fact that the Paul Revere
8 Pizza building obstructed the buildings visibility from westbound
9 traffic on 37th Avenue N.E. ;
10 *Mikulak said the drawing in the agenda packet
11 demonstrated how the loss of the pylon sign on the corner had cut
12 .down the operation's visibility from the north;
13 *reported the architectural barrel design shown on front
14 of the building in the colored photo which had been passed around to
15 the Commissioners would remain as part of the building whether
16 lettering was allowed or not;
17 *confirmed that there was a lot of money put into the
18 building prototypes which have been erected in several metropolitan
19 areas and nationwide;
20 *pointed to all the landscaping which was being added to
21 improve the site appearance, indicating at the same time that only
22 low growing shrubbery would be planted near the intersection so a,*
23 not to diminish what is already low visibility on that corner;
24 *told the Chair customers could only go one way
25 through the building;
26 *explained that the company, which is owned by Ashland
27 Oil , is known nationally as Valvoline Instant Oil, hence the addition
28 of Valvoline logo in the front barrel sign;
29 *added that the logo size had" been included in the total
30 square footage they were requesting.
31 Commission Reaction:
32 *Hansen told the proponents that he was very impressed
33 with both their presentation and the project itself;
34 *said he appreciated all the green space around the
35 building as well as many other aspects of their proposal which
36 fulfill requests the City typically makes of variance applicants;
37 *perceived the changes had made excellent use of a piece
38 of property which was hard to develop;
6 •
1 *stated that although he was usually "really tough" ,
2 when it came to signage he perceived they had made a good case for
• 3 being allowed three rather than the two signs the City usually
4 allows a corner lot;
5 *concluded by saying he believed that by squaring off
6 this building for two signs, the City would lose something.
7 *Wagner agreed that this parcel with the NSP distribution
8 center behind it was unique and needed three signs for
9 identification.
10 *Franzese questioned the need for 3 signs, however she
11 said she liked the symmetry of 3 signs on the building;
12 *agreed that the unique topography of the site and the
13 need for better traffic flow provided the justification for the
14 variances in this case.
15 *Werenicz indicated he was pleased with the overall
16_ concept and believed by angling the building the need had been
17 created for three signs;
18 *perceived all any driver approaching the facility from
19 any one direction would see would be only one sign;
• 20 *thought the 7-1/2 square foot total size variance was
21 minimal after taking into account that the signs are mass produced to
22 the same sizes.
23 *Madden agreed that angling the building necessitated
24 three signs.
25 *London thought this would be an attractive facility for
26 that unique corner and that the variance requests were quite
27 reasonable;
28 *said he was "very much in favor" of granting the
29 variances.
30 *Brownell echoed what the other Commissioners had said,
31 indicating he perceived this would be an. attractive use of a
32 difficult corner;
33 *agreed that three signs were justified because of the
34 location of the building and the traffic patterns.
35 When he had ascertained that there were no persons present who
36 objected to the variances, the Chair closed the hearing at 8:50 P.M.
37 for the following:
• 7
1 Commission Recommendation:
2 Motion by Hansen, seconded by Franzese to recommend the Council grant•
3 the request from Rapid Oil , 3701 Silver Lake Road, for variances for
4 3 wall signs as opposed to the one sign per business allowed by the
5 City Sign Ordinance with total square footage not to exceed 87-1/2
6 square feet where the Ordinance allows only 80, finding that:
7 1 . All three conditions required by statutes to be satisfied
8 before these variances can be granted have been done so with
9 this proposal .
10 2 . The variances are justified by the unique construction location
11 and architectural design of the building which best utilizes
12 the site and accommodates the traffic flow for the benefit of
13 the business and the safety of the customers and traffic
14 approaching that corner.
15 3 . The proposal includes landscaping which is above normal for
16 this type of operation.
17 4 . There were no expressions of opposition to the variances
18 either before or during the hearing.
19 In recommending the variances be granted, the Planning Commission
20 recommends the hours of building and site lighting be limited to
21 those required of the neighboring businesses. 0
22 Motion carried unanimously.
23 The agenda sequence was then adjusted to hold the public hearing
24 listed for "C" ahead of "B" .
25 Commissioners Recommend Motor Cycle Sales and Accessory Shops be
26 Allowed in Zoning Ordinance as Conditionally Permitted Uses
27. At 8: 57 P.M. Chair Wagner opened the public hearing to consider an
28 amendment to the Zoning Ordinance which would allow the above uses by
29 amending Section 9 of Ordinance 1976-006 to add Motor Cycle Sales and
30 Accessory Shops to Subdivision 2 as . Conditionally Permitted Uses.
31 The Chair read aloud the notice of the hearing which had been
32 published in the June 8th Bulletin. No one present reported failure
33 to receive the notice or objected to its content.
34 The Commissioners had been provided with copies of the Petition for
35 Amendment as well as the June 15th letter from Leo Kuelbs, 212 Arbor
36 Lane, Burnsville, owner of the Twin Cities Harley-Davidson franchise
37 in Savage, Minnesota, requesting the ordinance amendment which would
38 allow him to establish another dealership in the vacant space west of
39 B. J. Antique store in the St. Anthony Shopping Center. The agenda
40 packet also contained copies of Mr. Childs' June 16th advisory
8 •
1 memorandum on the request as well as copies of the September, 1982
2 Commission and Council minutes where a similar request had been made
3 for another location in the same center. The Commission at that
4 time had recommended the same type of business be included in the
5 ordinance as a conditionally permitted use under conditions which
6 would limit its potential for becoming an annoyance to the adjacent
7 residential neighborhood. However, the request was withdrawn by the
8 applicant before the Council could act on the request.
9 None of the current members of the Planning Commission served on that
10 body in 1982 . When the proposed redevelopment of the center was
11 mentioned, Mr. Childs indicated that he had followed the same
12 procedure then as now of telling. the applicant he should make his
13 plans as thought he were going to remain in that location for a long
14 time.
15 Mr. Kuelbs provided the following information in response to
16 questions from the Commissioners:
17 *reported because of his success in Savage ( $6,000,000.00 in
18 sales this year) and because the Harley-Davidson Company perceived
19 the need for a dealership in the northeast metro area after the
20 Blaine store had closed, he had been asked to select a location and
21 had chosen St. Anthony as being centrally located;
22 *said his was not a heavy traffic business and most of his
23 customers come in automobiles;
• 24 *only setting up and minor adjustments to cycles would be made
25 in the shop with all major maintenance done in his Savage store
26 where he had the necessary equipment;
27 *had never done any painting, welding, or chroming in that
28 facility;
29 *all services and displays would be provided inside the
30 building;
31 *test driving would probably be done along Highway 88;
32 *estimated his business to draw an average of between 200 and
33 300 customers weekdays and from 400 to 500 Saturdays. An open house
34 would probably draw 1 , 000;
35 *said he spends between $50 ,000 and $60 ,000 on advertising each
36 year;
37 *disputed the perception of motorcycle owners saying he has a
38 lot of judges, lawyers, doctors, and other professionals for
39 customers because of the cost of this type of bike;
9
1 *accessories would include boots, gloves , leather gear, tee
2 shirts, and many of these are mail ordered. All equipment would be •
3 kept within the store;
4 *he would carry only Harley-Davidson new and used cycles for
5 sale.
6 When the proximity of his store to residential was mentioned, Mr.
7 Kuelbs said his Savage store was also that close to homes on Boone
8 Avenue and one property owner, who had at first vehemently objected
9 to him locating there, had after a short time come back to apologize
10 for the misconceptions he had. The Savage Police Department had also
11 been skeptical but had been surprised to see no problems with even
12 the open house.
13 The applicant estimated his store to have a 60 foot frontage and to
14 be 100 feet deep. He perceived a need for a sign no larger than 14
15 feet long and 3 feet high, which would be lit only during hours of
16 operation which would probably be from 9: 00 A.M. until 8:00 P.M.
17 Monday through Thursday and from 9 :00 A.M. to 5:00 P.M. Friday and
18 Saturday.
19 Mr. Childs indicated a sign that size would probably be less than the
20 120 square feet of signage the ordinance allowed for that size
21 frontage. The applicant concluded his report by saying if the
22 business in St. Anthony went as well as he expected, he would
23 probably have to move to a larger building. No one else appeared to
24 speak for or against the request and the hearing was closed at 9: 30•
25 P.M.
26 Commission Recommendation
27 Motion by Franzese, seconded by Hansen to recommend the Council amend
28 the City Zoning Ordinance to add "Motorcycle sales and accessories"
29 as a "conditionally permitted use" in a "C" General Commercial
30 District. If approved, Mr. Kuelbs would have to apply for
31 conditional use approval and go through that process.
32 lotion carried unanimously,
33 City Attorney's Wording Changes Accepted in Shopping Center Signage
34 Amendment
35 At 9: 32 P.M. the Chair read aloud the notice of the hearing which had
36 been published in the June 8th Bulletin. No members of the public
37 were present to provide input to the development of a definition of
38 the above which would amend the existing sign ordinance definition of
39 what constitutes a shopping center as related to signage in St.
40 Anthony.
41 Mr. Childs read the changes in draft language which had been proposed
42 by Mr. Soth which were accepted by the Commission after the City
10 •
1 Manager had told Commissioner Madden that the area comprised of
• 2 various businesses in the City's Stonehouse, liquor warehouse, fire
3 station and the barber shop was over 25,000 square feet and exceeded
4 the 18,000 square feet definition of a shopping center in the
5 amendment.
6 The hearing was closed at 9: 36 P.M. for the following:
7 Comission Recommendation
8 Motion by Franzese, seconded by Brownell to recommend the Council
9 change the definition of "shopping center" in the Sign Ordinance to:
10 SHOPPING CENTER: any group of four or more retail stores or
it service establishments on one or more contiguous tracts of
12 land in single ownership, comprising 18,000 or more square
13 feet of floor area and provide parking on the tract or tracts
14 of land for use in common by patrons.
15 Motion carried unanimously.
16 Mr. Childs advised as an example that because the building in which
17 the Country Store was located was owned by the Apache Plaza owners,
18 that building could not have a separate shopping center sign under
19 the amendment.
• 20
21 Motion by Madden, seconded by London to adjourn the meeting at 9:37
22 P.M. for an informal progress report by the Manager on various
23 ongoing projects throughout the City.
24 'Motion carried unanimously.
25 Respectfully submitted,
26 Helen Crowe, Secretary
27
28 :cjk
11
• July 25, 1988
To: Members of the Planning Commission
From: David M. Childs, 'City Manager
Re: 88-15 Request from Leo Kuelbs for Conditional Use Permit to
allow Motorcycle Sales and Accessory in a "C" Commercial
Zone.
The Ordinance amending the Zoning Code to allow the above use as
a conditional use has been given its second reading by the City
Council and will receive final adoption at the July 26 meeting.
With the ordinance amendment in place, the hearing regarding the
specific conditional use request is the next step for the
applicant prior to opening his business.
Minutes of the City Council and Planning Commission meetings on
• this matter are attached. The applicant's proposal is as it was
at the zoning amendment hearing. The task faced by the Planning
• Commission at this time is to determine what conditions it
wishes to recommend for this particular use. .
As of the date of this report, I have received no calls or
letters either for or against this request from the neighboring
property owners.
•
ua ca
• Fee: $100 . 00
Pe`. wq" L)ec�
• CITY OF ST. ANTHONY - �-
Application for Conditional Use Permit
(other than day care center)
PP �e v /�v �L' s
A licant Phone
Address Lf3 4"3,
Status of applicant (owner, buyer, renter, agent, etc. )
Legal- description of property in question
Street Address
Zoning district in which property is located
Conditional use proposed )CxD C
• CC'S G: vYtC 1z'r��/F Sr�jr e. C�'f.{�_.[.. �� .
�J
• Minnesota statutes and City ordinances require that the following conditions
be satisfied before a conditional use may be authorized :
Yes No
1. The proposed conditional use is one of the conditional
uses specifically listed for the zoning district in /
which it is to be located.
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 .
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.
Explain:
• (use additional sheets if necessary)
Signature 'of App.. .,t
•
• TWIN CITIES HARLEY-DAVIDSON
HIGHWAY 101-STEINER ADDN.
SAVAGE. MINNESOTA 55378
PHONE (612) 890-6780
6/15/88
Saint Anthony Village
3301 Silver Lake F oad
Saint Anthony, Minn. 55418
Attn.: Tave Childs
Tear T-ave:
Twin Cities Harley-ravidson is in .the business of selling new and used
motorcycles (primarily Harley-T:avid s on) , their parts and accessories
and doing the service work that is required to maintain them. 1,,:'ith
over fifteen years in the motorcycle business, Twin Cities Harley-
T avidson has grown to successfully serve motorcyclists in the southern
area of Mpls./St. Paul. This is due in part to the southern location of
our existir_g location in Savage. Over the years we have seen the need
to serve motorcyclists on the northern side of T1pls./St. Paul and this
• need has prompted us to wish to locate a similar type of facility in
the City of Saint Anthony.
• We wish to locate this facility in a location available near the Saint
Anthony shopping center. We plan to secure approximately 6000 sq. feet
in the shopping center that currently houses the Alternative (non-
alcohol) restaurant and specifically it is located next to LJ1s Ant-
iques. 1;:'ith its central location we believe we can properly service
the motorcycling public in the northern area of Mpls./Ft. Paul.
. Having operated successfully and orderly in our current location in
Savage (which we would keep and maintain) we believe that a location.
in Saint Anthony would be beneficial to both ourselves and the City
of Saint Anthony, its motorcyclists and its general population.
If desired we can secure a letter of reference from the City of Savage
that would give history of our current -operation and indicate the
mutually beneficial relationship we've had and continue to have at our
store in Savage.
Please feel free to contact me if you have any questions or comments.
Thank you for your condiseration.
Sinoere l/y, /f
• Leo Kuelbs
• Owner
Twin Cities Harley-Tlavidson
LK/dlr
•
•
CITY OF ST. ANTHONY
NOTICE OF HEARING
CONDITIONAL USE PERMIT
TO .WHOM IT MAY CONCERN:
Notice is hereby given that there will be a public hearing by the
Planning Commission of the City of St. Anthony on Tuesday, July
19 , 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 Joe and Leo Kuelbs,
Twin City Harley-Davidson for a conditional use
• permit to allow a motorcycle sales and accessory
shop at 2519-21 Harding Street N. E. . (not to include
major repairs) .
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: July 6, 1988
•
MAILING LIST - 2519-21 HARDING 7/88
Max Saliterman Eberhardt Glen Gavic
•25 Unviersity Avenue S. 3250 W. 66th St.. - 2605 Lowry Avenue N.E.
Minneapolis, MN 55413 Minneapolis, MN 55440 St. Anthony, MN 55418
Arthur Tombarge Michael Gilbertson Carl Hickerson
2609 Lowry Avenue N.E.. 2613 Lowry Avenue N.E. 2617 Lowry Avenue N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418
John & Barbara Sullivan
2005-22nd Avneue N. E. Maurice Gallant Richard Tollefson
Minneapolis, MN 55418 2621 Lowry Avenue N. E. 2534 Kenzie Terrace
Re: 2613 Lowry Ave. N.E.
St. Anthony, MN 55418 St. Anthony, MN 55418
Vernon Lundeen Greg Steiner Lloyd B. Helm
2538 Kenzie Terrace 3016 - Old Highway 8 2546 Kenzie Terrace
St. Anthony, MN 554.18 St. Anthony, MN 55418 St. Anthony, MN 55418
Re: 2542 Kenzie Terrace
William J. Wojcik
2548 Kenzie Terrace
�t. Anthony, MN 55418
•
1 Commission Recommendation: ��'«"""` "1�� l 1 ���J •
2 Motion by Hansen , seconded by Franzese to recommend the Council grant
3 the request from Rapid Oil , 3701 Silver Lake Road , for variances for •
4 3 wall signs as opposed to the one sign per business allowed by the
5 City Sign Ordinance with total square footage not to exceed 87-1/2
6 square feet where the Ordinance allows only 80 , finding that:
7 1 . All three conditions required by statutes to be satisfied
8 before these variances can be granted have been done so with
9 this proposal .
10 2. The variances are justified by the unique construction location
11 and architectural design of the building which best utilizes
12 the site and accommodates the traffic flow for the benefit of
13 the business and the safety of the customers and traffic
14 approaching that corner.
15 3 . The proposal includes landscaping which is above normal for
16 this type of operation.
17 4 . There were no expressions of opposition to the variances
18 either before or during the hearing.
19 In recommending the variances be granted, the Planning Commissio
20 recommends the hours of building and site lighting be limited tv
21 those required of the neighboring businesses. •
22 Motion carried un v
23 The agenda sequence was then adjusted to hold the public hearing
24 listed for "C" ahead of "B" .
25 Commissioners Recommend Motor Cycle Sales and Accessory Shops be
26 Allowed in Zoning Ordinance as Conditionally Permitted Uses
27 At 8 : 57 P.M. Chair Wagner opened the public hearing to consider an
28 amendment to the Zoning Ordinance which would allow the above uses by
29 amending Section 9 of Ordinance 1976-006 to add Motor Cycle Sales and
30 Accessory Shops to Subdivision 2 as Conditionally Permitted Uses.
31 The Chair read aloud the notice of the hearing which had been
32 published in the June 8th Bulletin. No one present reported failure
33 to receive the notice or objected to its content.
34 The Commissioners had been provided with copies of the Petition for
35 Amendment as well as the June 15th letter from Leo Kuelbs, 212 Arbor
36 Lane, Burnsville, owner of the Twin Cities Harley-Davidson franchise
37 in Savage, Minnesota, requesting the ordinance amendment which would
. 38 allow him to establish another dealership in the vacant space west of
39 B. J. Antique store in the St. Anthony Shopping Center. The agenda
40 packet also contained copies of Mr. Childs' June 16th advisor*
8 •
• 1 *stated that although he was usually "reall tough" ,
2 when it came to signage he perceived they had made a good case for
• 3 being allowed three rather than the two signs he City usually
4 allows a corner lot;
5 *concluded by saying he believed t t by squaring off
6 this building for two signs, the City would to a something.
7 *Wagner agreed that this * parcel with the NSP distribution
8 center behind it was unique and eeded three signs for
9 identification.
10 *Franzese questioned the ed for 3 signs, however she
11 said she liked the symmetry of 3 sign on the building;
12 *agreed that the, uniqu topography of the site and the
13 need for better traffic flow p ovided the justification for the
14 variances in this case..
15 *Werenicz indicate he was pleased with the overall
16 -concept and believed by an ling the building the need had been
17 created for three signs ;
18 *perceived all ny driver approaching the facility from
• 19 any one direction would s e would be only one sign;
• 20 *thought th 7-1/2 square foot total size variance was
21 minimal after taking i to account that the signs are mass produced to
22 the same sizes .
23 *Madden agreed that angling the building necessitated
24 three signs.
25 *Land n thought this would be 'an attractive facility for
26 that unique c rner and that the variance requests were quite
27 reasonable;
28 * aid he was "very much in favor" of granting the
29 variances.
30 *Brownell echoed what the other Commissioners had said,
31 indicati g he perceived this would be an attractive use of a
32 difficu t corner;
33 *agreed that three signs were justified because of the
34 loca ion of the building and the traffic patterns.
35 W n he had ascertained that there were no persons present who
36 jected to the variances, the Chair closed the. hearing at 8: 50 P.M.
• 37 or the following:
• 7
1 memorandum on the request as well as copies of the September, 1982
• 2 Commission and Council minutes where a similar request had been made
3 for another location in the same center. The Commission at that
4 time had recommended the same- type of business be included in the
5 ordinance as a conditionally permitted use under conditions which
6 would limit its potential for becoming an annoyance to the adjacent
7 residential neighborhood. However, the request was withdrawn by the
8 applicant before the Council could act on the request.
9 None of the current members of the Planning Commission served on that
10 body in 1982 . When the proposed redevelopment of the center was
11 mentioned, Mr. Childs indicated that he had followed the same
12 procedure then as now of telling the applicant he should make his
13 plans as thought he were going to remain in that location for a long
14 time.
15 Mr. Kuelbs provided the following information in response to
16 questions from the Commissioners :
17 *reported because of his success in Savage ( $6 ,000 ,000 . 00 in
18 sales this year) and because the Harley-Davidson Company perceived
19 the need for a dealership in the northeast metro area after the
20 Blaine store had closed, he had been asked to select a. location and
21 had chosen St. Anthony as being centrally located;
• 22 *said his was not a heavy traffic business and most of his
23 customers come in automobiles;
• 24 *only setting up and minor adjustments to cycles would be made
25 in the shop with all major maintenance done in his Savage store
26 where he had the necessary equipment;
27 *had never done any painting, welding, or chroming in that
28 facility;
29 *all services and displays would be provided inside the
30 building;
31 *test driving would probably be done along Highway 88;
32 *estimated his business to draw an average of between 200 and
33 300 customers weekdays and from 400 to 500 Saturdays. An open house
34 would probably draw 1 , 000;
35 *said he spends between $50 , 000 and $60,000 on advertising each
36 year;
37 *disputed the perception of motorcycle owners saying he has a
38 lot of judges , lawyers, doctors, and other professionals for
39 customers because of the cost of this type of bike;
•
• 9
s
1 *accessories -would include boots , gloves , leather gear, tee •
2 shirts, and many of these are mail ordered. All equipment would be •
3 kept within the store;
4 *he would carry only Harley-Davidson new and used cycles for
5 sale.
6 .When the proximity of his store to residential was mentioned, Mr.
7 Kuelbs said his Savage store was also that close to homes on Boone
8 Avenue and one property owner, who had at first vehemently objected
9 to him locating there, had after a short time come back to apologize
10 for the misconceptions he had. The Savage Police Department had also
11 been skeptical but had been surprised to see no problems with even
12 the open house.
13 The applicant estimated his store to have a 60 foot frontage and to
14 be 100 feet deep. He perceived a need for a sign no larger than 14
15 feet long and 3 feet high, which would be lit only during hours of
16 operation which would probably be from 9 : 00 A.M. until 8: 00 P.M.
17 Monday through Thursday and from 9: 00 A.M. to 5 : 00 P.M. Friday and
18 Saturday.
19 Mr. Childs indicated a sign that size would probably be less than the
20 120 square feet of signage the ordinance allowed for that size
21 frontage. :. The applicant concluded his report by saying if then
X22 business in St. Anthony went as well as he expected, he would
23 probably have to move to a larger building. No one else appeared to
24 speak for or against the request and the hearing was closed at 9: 300
25 P.M.
26 Commission Recommendation
27 Motion by Franzese, seconded by Hansen to recommend the Council amend
28 the City Zoning Ordinance to add "Motorcycle sales and accessories"
29 as a "conditionally permitted use" in a "C" General Commercial
30 District. If approved , Mr. Kuelbs would have to apply for
31 conditional use approval and go through that process.
32 Motion carried unanimously.
33 City Attorney's Wording Changes Accepted in Shopping Center Signage
34 Amendment
35 At .9 : 32 P.M. the Chair read aloud the notice of the hearing which had
36 been published in the June 8th Bulletin. No members of the public
37 were present to provide input to the development of a definition of
38 the above which would amend the existing sign ordinance definition of
39 what constitutes a shopping center as related to signage in St.
40 Anthony.
41 Mr. Childs read the changes in draft language which had been propose
42 by Mr. Soth which were accepted by the Commission after the Cit
10 •
7 1,?
•
• 1 As re q.:es:ed by the Cora,:,issi on , !:r. Childs said he had researched e
2 minutes dealing with the Paul Revere Pizza sign lialt-ing next door
3 and fo::nd no evidence of lighting restrictions imposed when that s-' --n
4 had been approved several years ago. The consensus was that no more
5 stringent lighting restrictions should be imposed on this business .
6 Council Action
7 Mction b'�7 Marks , seconded by Ranallo , to grant the request from Rapid
8 Oil , 3701 Silver Lake Road, for the necessary variances to the City
9 Sian Crdinance which would allow them to erect the three wall sions
10 they Prcpese on their new building, where the Sign Ordinance o^l•.,
11 allows one sign per business , and total sign surface not to exceed
12 87-1;2 square feet, where the Ordinance only allows 80 , finding as
13 did the Planning Commission -hat:
14 1 . All three conditions required by statutes to be satisfied
15 before these variances can be granted have been done so with this
16 proposal .
17 2 . The variances are justified by the unique construction
18 location and architectural design of the building which best
• 19 utilizes the site and accommodates the traffic flow for the benefit
20 of the business and safety of the customers and traffic approaching
21 that corner.
• 22 3 . The proposal includes landscaping which is above normal for
23 this type of operation.
24 4 . Thee were no expressions of opposition to the variances either
25 before or during the June 21st Planning Commission hearing or
26 Council consideration, July 28th.
27 In granting these variances , the City allows Rapid Cil to keep
28 the same hours of building and site lighting as are kept by the
29 neighboring businesses .
Lotion carried unanimously.
_rat
31 Motorcvcle Sales and Accessories hnFroved as Conditionallv Permitted
32 Uses in City Zoning Ordinance
33 Commissioner Madden reiterated the information Leo Kuelbs , owner of
34 the Harley-Davidson dealership in Savage, MN, had provided the
35 Commissioners during the June 21st hearing on his request that the
36 City Zoning Ordinance be amended to allow the sale of this type of
37 motorcycle and accessories in the vacant space west of B. J. Antique
38 store in the St. Anthony Village Shopping Center. The Council's
39 agenda packet contained the same documentation as had been provided
40 the Commissioners .
•
8
•
1 The Cornissicn representative reported the Ccr:I?.issioners were in •
2 agreenent that making this a conditionally permitted use would give
3 the City more control over the activities carried on in this cr
4 similar operations in the City in the future. Mr. Kuelbs was
5 accompanied by his son , Kevin Kuelbs , who is in business with his
6 father in Savage and both answered questions about the proposed
7 facility.
8 Kevin Kuelbs responded to Councilnenber Makowske's concerns abo-.a
9 having a lot of notorcycles roaring around the new Kenzington. He
10 stated that nost of their customers are previous Harley-Davidson
11 owners who are checking out the new models and he expected only an
12 average of three cr four of these a day would -want a test, ride. ^e
13 said that the dealership owners don't push testing because they're
14 naturally leery about putting $10 , 000 or $12 , 000 investments out on
15 the highway without good cause. He also indicated that contrary to
16 what sone people thick, the average age of a parley-Davidson owner
17 is 34 .
18 Mr. Childs explained that the ordinance amendment had to be given two
19 nore readings by the Council and during that tine period, th:e
20 conditional use permit application could be presented to the Planning
21 Commission for their recommendations related to conditions undo
22 which the Kuelbs' proposal could be approved. If the Commission
23 recommends approval , the Council can act on their recommendation at
24 the sane neeting as they give the third reading and adopt t^�
25 ordinance.
26 Council Action
27 Notion by Marks , seconded by Enrooth to approve the first reading of
28 the ordinance amendment which adds "Motorcycle sales and accessories"
29 as a "conditionally permitted use" in a "C" General Commercial
30 District, in accordance with the recommendations of the Planning
4 31 Commission.
ORDINANCE 1988-007
33 AN ORDINANCE RELATING TO ZONING;
34 714ENDING ORDINANCE 1976-006
35 Notion carried unanimously.
36 Change in Definition of "Shopping Center" Approved for Sign Ordinance
37 Mr. Soth proposed several more changes in wording to that the
38 Planning Commission had recommended the Council adopt which were
39 accepted in the following:
40 Change in Definition of "Shopping Center" A roved for Sign 0 dinanc
• July 25, 1988
• To: Members of the Planning Commission
From: David M. Childs
Re: 88-16 Setback Variance Request for 4029 Penrod Lane N.E.
This is a request from Eugene B. Tomas, 4029 Penrod Lane N.E. for
a variance from the setback requirements of the Zoning Ordinance
to allow addition of a new garage immediately east of the
existing garage on the Silver Lane side of this corner lot.
The problem is that the existing garage is within it feet of the
north property line where 30 feet are required (because two front
yard setbacks are required on a corner lot) . As shown on the
attached sketches the 24' x 32' addition would be in line with
the existing garage and would not encroach further on the
required setback.
Note: The existing home and garage were constructed under a
variance issued in July of 1966 .
The applicant would have a new driveway access off Silver Lane
• and proposes to add a second story to the existing garage for
additional living space. At a later date, the existing garage
• would be remodeled as a family room.
As of the date of this memo, no comments have been received
either for or against this request from the neighboring property
owners.
This particular property has generally had a lot of vehicles
around with no place, to store them and hopefully this would
alleviate the problem somewhat. The most important factor would
probably be the feelings of the neighbor to the east regarding '
this proposal. Mr. Tomas was told to talk with his neighbors
about this request, and as mentioned, I have heard nothing from
the neighbors so far.
•
•
uate :
Fee : (R-1 . . . . . . . . .
Other. . . . . . . •25 .00)
CITY OF ST. ANTHONY
• PETITIOti FOR 'Jh.RIANCE �-
0
Applicant oy Phone : .7f,-:7-
Address �-
Status of applicant (owner, buyer, renter, agent , etc. ) :
Legal description of property petitioneI for variance : �� 2
CD
Street address : �f��? ��� /� i�� ��� , °
Zoning district in which property is 1Qcated :
Request:?f chat 3.2�� ,?
G /
��'►-rtcr��y. '�i`�`s`"„•= ' �L> _ � ry.T�
lirnesota. Shat tes and City ordinances require= tiat thello her ondi1
tions must be satisfied affirmatively. if the answer to a statement is
Yes , please explain , using additional sheets .
• Yes No
• 1 . Because of the partic-alar physical surroundings ,
shape , or topographical co::, itic-s o_ the Parcel
of land involved, the proposed variance wculd re-
lieve an undue hardship , as distincuish:ed from a
mere inconvenience should the applicable ordin-
ance be strictly enforced .
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 circa-stances applicable to
this property but not applicable to other property
in the vicinity or zoning; district. x
3 . The alleged difficult; or hardship is caused by
City ordinance and has not been created by any
persons presently having an interest in the parcel Y
of land. 1�
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 .
Signature of Applicant
•
signN_
ure of caner o her
than applicant)
i i
ZIA
1�ki
•
•
CITY OF ST. ANTHONY
NOTICE OF HEARING
VARIANCE PETITION
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, July
19, 1988 at 7:45 P.M. in the Council Chambers of the City Hall ,
3301 Silver Lake Road (enter northeast corner) for the following
purpose:
Consideration of a request from Eugene B. Tomas,
• 4029 Penrod Lane for a variance from the setback
requiarements of the Zoning Ordinance to allow a
32 foot X 24 foot addition to the east side' of the
• existing garage at that address, in alignment with
the existing garage. The proposed setback of 11 feet
from the property line (30 feet required) necessitates
a variance.
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: July 6, 1988
•
•
MAILING LIST - 4029 PENROD LANE 6/88
Gregory Dzieweczynski Delite Hogan Richard Fischer
4020 Penrod Lane 4024 Penrod Lane 3000 Silver Lane
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Donald Zebro James Mendesh Everett Warnke
4017 Penrod Lane 4021 Penrod Lane 4025 Penrod Lane
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Mary Kules Daniel Isaacson James Ardito
4035 Silver Lake Road 4033 Silver Lake Road 4031 Silver Lake Road
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Michael Pisansky Ernest Wirtz/Dawn Hellum Francis Ferdelman
4029 Silver Lake Road 4028 Macalaster Drive 4024 Macalaster Drive
St. Anthony, MN 55421 St. Anthony, MN 55421 St. Anthony, MN 55421
Tim and Nora Morris
4020 Macalaster Drive N.E.
St. Anthony, MN 55421
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C= TY O E' S T _ AN T HON Y
• C 2 TY C O UN C = L M=NU T E S
.DUNE 28 1988
1 The meeting opened at 7 : 30 P.M. with the Pledge of Allegiance led by
2 Mayor Sundland.
3 Present for roll call : Marks , Ranallo, Sundland, Enrooth, Makowske.
4 Also present: David Childs , City Manager
5 William Soth, City Attorney
6 Carol Johnson, Finance Director
7 Larry Hamer, Public Works Director
8 JUNE 14, 1988 COUNCIL MINUTES
9 Motion by Marks, seconded by Enrooth to approve with the following
10 changes :
11 Page 7 , line 1 : Delete "to" before, and everything after, "dis-
• 12 cussions" .
13 Page 7 , line 2 : Delete "more feasible" at beginning of line.
14 Page 8 , line 32 : Substitute "has promises for" for "had already
15 raised" .
16 Page 9 , line 36 : Insert 11 ; 11 after "Salverda" .
17 Motion carried unanimously.
18 JUNE 20, 1988 SPECIAL COUNCIL MEETING
19 In response to questions Councilnembers -had related to the wide
20 expanse in prices in the bid for repairing Well t3 , Mr. Hamer
21 indicated the bids had not changed since the low bidder had guaran-
22 teed the prices and provided specifications which showed that the
23 couplings would be acceptable.
24 Council Action
25 Motion by Makowske, seconded by Ranallo to approve the minutes as
26 presented.
27 Notion carried unanimously.
2
1 LICENSES/PERMITS/PETITIONS
2 Motion by Ranallo, seconded by Makowske to approve the multiple
3 dwelling registration and grant all the following licenses as listed
4 in the June 28th Council agenda packet:
5 Multiple Dwelling Registration
6 Ivy League Associates, Inc. , St. Paul ; 3804 Highcrest Road
7 Contractors
8 Pine Cone Nursery
9 Barthel Construction Company, Inc.
10 Joe Nelson Stucco Co. , Inc.
11 Asphalt Driveway Co.
12 Todd Anderson Construction Company
13 Sussel Corporation
14 Heating
15 Care Air Conditioning & Heating, Inc.
16 Fred Vogt & Co.
17 Advanced Energy Services
18 Notion carried unanimously.
19 CLAIMS 0
20 Motion by Makowske , seconded by Marks to approve payment of all City
21 accounts payable as listed for June 28th Council agenda packet .
22 Notion carried unanimously.
23 Motion by Marks , seconded by Enrooth to approve the following
24 payments as listed in the June 28th Council agenda packet:
25 $20 , 945 . 98 to the Hennepin County Assessors office for services
26 rendered under the contract due September, 1988;
27 $46 , 501 . 00 in premiums to the League of Minnesota Cities Insurance
28 Trust for Minnesota Municipal coverage.
29 Notion carried unanimously.
30 NEW BUSINESS
31 Fund Established for Water Contamination Payments
32 Motion by Marks , seconded by Ranallo to adopt Resolution 88-021 .
33
3
• 1 RESOLUTION 88-021
2 A RESOLUTION ESTABLISHING A FUND FOR
3 WATER CONTAMINATION .PAYMENTS
4
5 Notion carried unanimously.
6 Johnson to Serve as Deputy City Clerk at 1988. Primary and General
7 Elections
8 Motion by' Enrooth, seconded by Marks to adopt the resolution which
9 would utilize Carol Johnson to assist with the operation of and to
10 train new staff members at the fall elections .
11 RESOLUTION. 88-022
12 A RESOLUTION AUTHORIZING THE CITY MANAGER
13 TO APPOINT A DEPUTY CLERK FOR THE 1988
14 PRIMARY AND GENERAL ELECTIONS
15 FOR THE CITY OF ST. ANTHONY
16 Motion carried unanimously'_.
17 Milton Johnson Roofing Low Bidder on Fire Station/Barber Shop
18 Replacement Protect
• 19 Mr. Hamer explained that he had gotten bids on the project several
20 times in previous years only to have the project delayed for economic
21 reasons . However, all previous bids had been in the same ball park.
22 Mr. Childs added that the low bidder had been willing to split the
23 bid for this project from their original bid which had included
24 quotes for roofing the Stonehouse lounge and storage area as well .
25 Council Action
26 Motion by Marks , seconded by Makowske to adopt the resolution which
27 approves the transfer of funds to cover the cost of replacing the
28 fire station and barber shop roofs and to accept the low bid of
29 $11 , 400 . 00 from Milton L. Johnson Roofing & Sheet Metal Company to do
30 the job.
31 RESOLUTION 88-023
32 A RESOLUTION APPROVING THE TRANSFER- OF FUNDS
33 Motion carried unanimously.
34 $875, 000 . 00 General Obligation-Revenue Water System Bonds Sold for
35 Carbon Filtration System at 6 . 052%
36 Robert Thistle of Springsted Incorporated reported the above sale
37 that morning with four bidders as indicated in the listing he had
4
1 provided prior to the meeting. The low bidder had been First Bank•
2 National Association of Minneapolis at an interest rate which was
3 lower than expected, the City's financial adviser indicated. Mr.
4 Thistle also advised that the City had retained its "A" rating with
5 Moody's Investors Service.
6 Mr. Childs reiterated that all principal and interest, which would be
7 close to $1 , 200 , 000 , would be due in five years , at which time, if
8 the City is not successful in recovering damages from the "respon-
9 sible parties" for the water contamination, new bonds would have to
10 be sold and repaid from the City's water revenues.
11 Council Action
12 Motion by Marks, seconded by Ranallo to adopt Resolution 88-024 .
13 RESOLUTION 88-024
14 A RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE,
15 PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE
16 PAYMENT OF $875 , 000 GENERAL OBLIGATION-REVENUE WATER SYSTEM
17 BONDS, SERIES 1988A
1.8 motion carried unanimously.
19 Firefiahters' Union Contract Ratified •
20 Motion by Enrooth, seconded by Marks to adopt the resolution which
21 ratifies the above and to direct the City Manager to bring the
22 "system of Promotion" clause up for renegotiation with the next
23 contract.
24 RESOLUTION 88-025
25 A RESOLUTION RATIFYING THE 1988-89 AGREEMENT
26 BETWEEN THE CITY AND TEAMSTERS LOCAL NO. 320 ,
27 REPRESENTING THE ST. ANTHONY FIRE DEPARTMENT
28 AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
29 EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
30 Notion carried unanimously.
31 REPORTS
32 JUNE 21 , 1988 PLANNING COMMISSION MINUTES - COMMISSIONER JOHN MADDEN
33 Mural Concept Withdrawn by Shopping Center Management Company
34 Rod Johnson of the Eberhardt Company indicated his company was. no
35 longer interested in pursuing the proposed mural on the back of the
36 St. Anthony Shopping Center in view of the Commission reservations
37 about including the City's logo in the painting and in face o0
5
• 1 similar opposition from the Councilmembers during the conversations
2 which followed Commissioner Madden's report.
3 The general consensus was that the mural would do nothing to correct
4 existing signage problems in the center and that it would be better
5 to defer any action on the center until after the center owner's
6 representative, Joe DiSanto had met with Councilmembers and Commis-
7 sioners later this summer.
8 Councilmembers told Mr. Johnson they were not failing to recognize
9 the improvements which the managers had already made in the area,
10 including the uniform painting above the storefronts and the black-
11 topping of the parking lots nor the fact that better communication
12 between the City and the owners had resulted from changes in person-
13 nel in both the owners' New York representative and the Eberhardt
14 Company. However, the perception continued that much more had to be
15 done to keep the center from deteriorating to the point where it
16 matched the condition of the shopping area adjacent to theirs on the
17 southwest.
18 Mr. Johnson responded by saying:
19 *the mural which could be paid from center cash flow monies ,
20 had only been requested as a means of dressing up the back of the
21 center, which was exposed to Kenzie Terrace traffic and the view
22 from the City fire station ;
23 *the managers have requested the City help towards getting some
24 sort of financing within the 5% to 8% interest range to pay for
25 uniform signage which would cost from $150 , 000 . 00 to $200 , 000 . 00 and
26 could never be saved from the cash flows;
27 *it's not realistic for the City to expect the owners to put a
28 million or two dollars into a center for which property values and/or
29 rents could never be expected to be raised to levels which would
30 cover that type of .expenditure;
31 *the owners rather resented the fact that the City had failed
32 to give any sort of recognition of the money they had already spent
33 in the last year towards improving the center or the fact that the
34 type of signage had been upgraded for each new store which went into
35 the center in the last few years.
36 The response to these remarks was : .
37 *that the City welcomed better communications with both the
38 owners and the Eberhardt company after so many years of getting no
39 response to either letters or calls;
40 *the Council did recognize improvements were starting to be
41 made but were concerned they wouldn't go any farther;
•
6
1 *a meeting with Mr. DiSanto could be very beneficial for both•
2 parties as long as the owners' representative is able to propose some
3 sort of plan for providing further improvements , especially for
4 standardizing the center signage;
5 *the City didn't want him to spend a lot of money on expensive
6 layouts, but just wanted some concrete assurance that some real
7 improvements were in the works ;
8 *even though industrial development bonds can't be issued for
9 retail improvements, the City wants to work with the owner to get the
10 center upgraded so the vital businesses which are there will stay and
11 more will be encouraged to move into the center.
12 Councilmember Marks recalled how difficult it had been eight years
13 ago , when the Kenzie Terrace Task Force first started working on a
14 redevelopment project for the area , to get any cooperation from the
15 merchants or center management. He speculated that had the avenues
16 of communication been as open then as now, conditions might never
17 have been allowed to deteriorate to the point they are now.
18 Mr. Johnson promised to give the City ample notice of the upcoming
19 meeting with Mr. DiSanto.
20 Rapid Oil Signagee Approved
21 Commissioner Madden reported all seven Commissioners had been in*
22 favor of the Council granting the variances to the City Sign Or-
23 dinance , which would allow three signs for the new Rapid Oil building
24 and a total signage area of 87-1/2 square feet where the Ordinance
25 only allows one sign per business and 80 square feet of total sign
26 surface. He indicated the Commissioners perceived Rapid Oil would be
27 making excellent use of a very difficult corner parcel which had been
28 reduced when Ramsey County reconstructed that intersection and County
29 Road D. The Commission representative said the Commissioners had
30 been particularly impressed by the amount of green space the station
31 owners were proposing to provide with the new building.
32 Robert Mikulak, 3041-4th Avenue South, Minneapolis , Rapid Oil Project
33 Manager, told the Councilmembers demolition of the building would
34 start August 1st and construction should take about two months. This
35 should bring them well within the time frame for removing the
36 existing pylon sign the City was allowing them to keep up as a
37 business identification .
38 The Rapid oil representative indicated all three signs would be lit
39 probably until around 10: 00 P.M. and the site lighting would be
40 turned off around midnight. However, the site lighting is a new
41 technology designed to project no further than the property line so
42 it would not be apt to be an annoyance for the owners of the homes
43 across 37th Avenue.
•
7
• 1 As requested by the Commission, Mr. Childs said he had researched the
2 minutes dealing with the Paul Revere Pizza sign lighting next door
3 and found no evidence of lighting restrictions imposed when that sign
4 had been approved several years ago. The consensus was that no more
5 stringent lighting restrictions should be imposed on this business.
6 Council Action
7 Motion by Marks , seconded by Ranallo, to grant the request from Rapid
8 Oil , 3701 Silver Lake Road, for the necessary variances to the City
9 Sign Ordinance which would allow them to erect the three wall signs
10 they propose on their new building, where the Sign Ordinance only
11 allows one sign per business , and total sign surface not to exceed
12 87-1/2 square feet, where the Ordinance only allows 80 , finding as
13 did the Planning Commission that:
14 1 . All three conditions required by statutes to be satisfied
15 before these variances can be granted have been done so with this
16 proposal .
17 2 . The variances are justified by the unique construction
18 location and architectural design of the building which best
19 utilizes the site and accommodates the traffic flow for the benefit
20 of the business and safety of the customers and traffic approaching
21 that corner.
• 22 3 . The proposal includes landscaping which is above normal for
23 this type of operation.
24 4 . There were no expressions of opposition to the variances either
25 before or during the June 21st Planning Commission hearing or
26 Council consideration, July 28th.
27 In granting these variances, the City allows Rapid Oil to keep
28 the same hours of building and site lighting as are kept by the
29 neighboring businesses .
J73Motion carried unanimously.
Motorcycle Sales and Accessories Approved as Conditionally Permitted
Uses in City Zoning Ordinance
Commissioner Madden reiterated the information Leo Kuelbs , owner of
34 the Harley-Davidson dealership in Savage, MN, had provided the
35 Commissioners during the June 21st hearing on his request that the
36 City Zoning Ordinance be amended to allow the sale of this type of
37 motorcycle and accessories in the vacant space west of B. J. Antique
38 store in the St. Anthony Village Shopping Center. The Council's
39 agenda packet contained the same documentation as had been provided
40 the Commissioners.
•
8
1 The Commission representative reported the Commissioners were in•
2 agreement that making this a conditionally permitted use would give
3 the City more control over the activities carried on in this or
4 similar operations in the City in the future. Mr. Kuelbs was
5 accompanied by his son, Kevin Kuelbs, who is in business with his
6 father in Savage and both answered questions about the proposed
7 facility.
8 Kevin Kuelbs responded to Councilmember Makowske's concerns about
9 having a lot of motorcycles roaring around the new Kenzington. He
10 stated that most of their customers are previous Harley-Davidson
11 owners who are checking out the new models and he expected only an
12 average of three or four of these a day would want a test ride. He
13 said that the dealership owners don't push testing because they're
14 naturally leery about putting $10 , 000 or $12 ,000 investments out on
15 the highway without good cause. He also indicated that contrary to
16 what some people think, the average age of a Harley-Davidson owner
17 is 34 .
18 Mr. Childs explained that the ordinance amendment had to be given two
19 more readings by the Council and during that time period, the
20 conditional use permit application could be presented to the Planning
21 Commission for their recommendations related to conditions under
22 which the Kuelbs' proposal could be approved. If the Commission
23 recommends approval , the Council can act on their recommendation at
24 the same meeting as they give the third reading and adopt th�
25 ordinance.
26 Council Action
27 Motion by Marks, seconded by Enrooth to approve the first reading of
28 the ordinance amendment which adds "Motorcycle sales and accessories"
29 as a "conditionally permitted use" in a "C" General Commercial
30 District, in accordance with the recommendations of the Planning
31 Commission.
32 ORDINANCE 1988-007
33 AN ORDINANCE RELATING TO ZONING;
34 AMENDING ORDINANCE 1976-006
3 Motion carried unanimously.
36 Change in Definition of "Shopping Center" Approved for Sign Ordinance
37 Mr. Soth proposed several more changes in wording to that the
38 Planning Commission had recommended the Council adopt which were
39 accepted in the following:
40 Change in Definition of "Shopping Center" Approved for Sign Ordinance
•
9
• 1 Mr. Soth proposed several more changes in wording to that the
2 Planning Commission had recommended the Council adopt which were
3 accepted in the following:
4 Council Action
5 Motion by Marks, seconded by Enrooth to approve the first reading of
6 Ordinance 1988-008 to change the definition of "Shopping Center" in
7 the 1973 Code of Ordinances to:
8 Shopping Center: any group of four or more retail stores
9 or service establishments on one or more contiguous tracts
10 of land in single ownership, comprising 18 , 000 or more
11 square feet of floor area with parking provided on the tract
12 or tracts of land for use in common by patrons .
13 ORDINANCE 1988-008
14 AN ORDINANCE RELATING TO LICENSES , PERMITS , AND
15 BUSINESS REGULATIONS, AMENDING SECTION 430 : 00
16 OF THE 1973 CODE OF ORDINANCES
17 Notion carried unanimously.
18 Councilmembers Cast First "Votes" on New Optiscan Voting Machines
• 19 The intricacies of the above equipment were demonstrated by Mr. Hamer
20 and Mrs . Johnson during the recess from 8 : 30 to 8 : 55 P.M. called by
21 the Mayor for that purpose.
22 COUNCIL REPORTS
23 Mayor Sundland Asked to Represent Minnesota in Russia
24 Sundland reported receiving an invitation from the Senate Majority
25 Leader, Roger Moe, to participate in the People to People Interna-
26 tional trip to Russia, September 19th. The Mayor said the only thing
27 holding him back from accepting was the $4 , 450 . 00 cost involved in
28 making the trip. However, his employer had shown some interest in
29 making up a part of the cost and Mr. Childs perceived there might be
30 some interest on the part of St. Anthony service organizations for
3.1 donating towards the trip which would generate such good publicity
32 for the City. Councilmember Ranallo indicated he could see where
33 there might be some justification for City expenditure to augment
34 these donations in view of the honor which would come to the City by
35 having its Mayor selected from all the other municipal officials to
36 represent Minnesota in this manner.
37 Mayor Sundland said he was also going to contact the Mayor of St.
38 Anthony's "Sister City" , Salo, Finland, to see if she could meet him
39 in Helsinki during his one day layover in that city.
•
10
1 Senator Marty Reiterates Claims About Value of New Property Tax Law •
2 in Phone Calls Following His Appearance Before Council .
3 Makovske reported she had been one of the Councilmenmbers who had
4 gotten a call after Senator Marty had done further research on the
5 issue which he perceived supported his claim that the tax changes
6 would be good for St. Anthony in the long run. Councilmember Ranallo
7 commented that only time and experience would show who was right in
8 that controversy.
9 Councilmembers Invited to Join Recycling Task Force in Tour of
10 Reuters Plant
11 Enrooth reiterated that the Task Force was "a very diligent commit-
12 tee" who hoped to have a recommendation ready for the Council's
13 August 9th meeting. He invited any Councilmember who could make it
14 to join the above tour July 9th and to see for themselves 'the
15 alternatives to incinerating waste which will be demonstrated at that
16 plant. The Councilmember told Mayor Sundland one of the issues
17 which intrigued his committee the most was how to dispose of the
18 endless supply of household batteries which release such dangerous
19 toxins into the soil when they are sent to landfills .
20 Ranallo Reports Attendance at League Human Development Steering
21 Committee Meeting in Washington , D.C. Previous Weekend
22 The Councilmember said he found the first meeting of this Nationale
23 League of Cities committee very interesting, especially when it came
24 to the issues of "child care" and Urban homelessness. " In relation
25 to the first, he said the Committee was split about 70 to 30 in favor
26 of cities paying for early child care through a joint effort with the
27 state and federal governments. Councilmember Ranallo indicated the
28 reasoning behind that support came from the figures showing the
29 number of children under the age of 6 who are in the families whose
30 homes are in the streets.
31 City's weed Limits Too Low According to Resident Who Received
32 Several Speeding Tickets from City Police
33 Both Mr. Childs and Councilmember Ranallo had gotten calls from the
34 above person within the last few days . Mr. Childs said he understood
35 from his conversation with the man that the driver had been going 15
36 miles over the speed limit when last tagged and was complaining that
37 St. Anthony' s 35 mile/hr. speed limit on County Road "D" was too
38 low. The resident had also suggested the City install a flashing
39 light on 37th Avenue to warn drivers of the drop in speed coming
40 into St. Anthony going westbound. The City Manager stated that the
41 presence of the Wilshire Park school was adequate reason to have traffic
42 slowed down and that the police would continue to conscientiously en-
43 force the speed limit. Councilmember Marks indicated he anticipated there
44 might be an increase in complaints about police vigilance now that •
45 St. Anthony Boulevard has been reconstructed and the bumps which
11
• 1 previously slowed down drivers coming . off Highway 35 have been
2 eliminated. Mr. Childs said he was certain the officers would be
3 making efforts to maintain safe speeds in that area as well .
4 Marks Thanks Congressman Sabo for His Efforts Related to the City's
5 Water Contamination Problems
6 The Councilmember reported attending a function the previous evening
7 where he expressed the above appreciation for the Congressman's
8 efforts .
9 Historical Committee Efforts to be Promoted in City Newsletter and by
10 Council Contact
11 Parks indicated his wife had agreed to become a member of the above
12 and suggested Ruth Harris , retired St. Anthony librarian would also
13 be a good candidate;
14 Childs said he was writing an article on the Committee for the July
15 15th Newsletter;
16 Sundland reported efforts to get memorabilia and plaques related to
17 the original Village Volunteer Fire Department, including a plaque
18 which has all the names of the first firefighters, which he intends
19 to hang on the Council Chambers walls.
• 20 Carol Johnson Thanked for 22 Years of Service
21 Before the May, 1988 Financial Summary was ordered filed, Councilmem-
22 ber Ranallo observed that this would be the last of such reports
23 prepared by Mrs. Johnson who had. only a day and a half remaining
24 before she retired. He thanked her for all the work she had done for
25 both the City and various Councils over the years. His remarks
26 generated a round of applause from all who were present.
27 Mrs . Johnson thanked them and reiterated that she would actually be
28 returning under special contract as Deputy Clerk to work on the
29 elections this year.
30 CITY MANAGER REPORTS
31 June 21, 1988 Staff Meeting Notes
32 Mr. Childs reported that:
33 *the last half of the above meeting had been devoted to a
34 review of the goals set at the February retreat and a short
35 progress report on those goals was being prepared for dis-
36 tribution later that week and discussion at a later Council
37 meeting;
• 38
12
1 *staff would be making another progress assessment in Sept- •
2 ember or October in accordance with the schedule established
3 during the retreat;
4 *the budget process would be the same for this year, but in
5 1989 the process would probably be started in the spring to
6 meet the August deadline the State Legislature had mandated
7 for that year.
8 Sale of Parkview to City Approved by 4 to 2 School Board Vote , June
9 20th
10 After the City had gotten the above go ahead for the transfer; Mr.
11 Childs reported staff had gotten a quote to do the required environ-
12 mental audit from the Bruce Leisch and Associates, the firm who are
13 also doing the background research in conjunction with the City's
14 water contamination lawsuit. The audit is necessary to ascertain
15. through a record and historical search and asbestos and underground
16 storage tank investigations that there are no major contamination
17 problems on the site which nullify the purchase. There are three
18 underground storage tanks which feed the boilers in the building now,
19 but these would probably have to come out anyway if the City replaces
20 the heating system and two of them are located in the building alcove
21 facing Silver Lake Road which the Police Department has proposed
22 covering up for a squad car parking area.
23 With an asbestos survey, which would cost between $1 , 200 and $3 , 000,10
24 depending on the level which is required, Mr. Childs estimated it
25 would cost the City about $4 ,000 to get the audit done. He asked for
26 a formal authorization to proceed with the audit, indicating that, as
27 directed by Council resolution, the City would be proceeding with the
28 purchase unless the environmental audit uncovered problems of a
29 magnitude which would require further Council action.
30 Council Action
31 Motion by Ranallo, seconded by Makowske to authorize the City Manager
32 to retain Bruce Leisch and Associates to do the environmental audit
33 necessary as part of the City's acquisition of the Parkview facilit=
34 ies.
35 Lotion carried unanimously.
36 Council Not Interested in Joining Constitutional Challenge to 1988
37 Omnibus Tax Bill
38 The Association of Metropolitan Municipalities had sought input and
39 advice on the request from the Municipal Legislative Commission that.
40 the AMM participate in a legal challenge to a portion of the above
41 legislation. The City Manager was directed to inform the AMM that
42 the City is not interested in being included in the lawsuit.
13
• 1 St. Anthony Boulevard Open for Traffic
2 Mr. Childs reported most of the work on the project had been com-
3 pleted except for striping and dirt behind the curb replacement.
4 Because of the drought conditions , sodding would be delayed until the
5 fall . He reiterated that the police would be paying close attention
6 to traffic speed on the new roadway.
7 Kenzie Terrace Pedestrian Signal Operational
8 Mr. Childs indicated great pleasure in announcing this project,
9 which, along with the St. Anthony Boulevard reconstruction project,
10 had been in the works for many years , had been completed that
11 morning.
12 Pure Water for St. Anthony by End of July
13 As anticipated, the pads and piping for the carbon filtration system
14 are being installed this week and by the time the carbon cylinder
15 installation and testing are completed, Well #3 should be ready. The
16 City should have all three wells in operation by the end of the
17 month, Mr. Childs reported. The Manager speculated now that they
18 know St. Anthony water is again as pure and drinkable as it was
19 before it was contaminated by runoff from the arms plant, people from
20 outside the City might again be showing up at the fire station with
• 21 containers to get St. Anthony water.
22 Staff had' been able to negotiate the waiver necessary to meet H.U.D.
23 restrictions on the $150 , 000 CDBG funding for the project, Mr. Childs
24 added.
25 He was shooting for a christening ceremony with toasts in water
26 rather than champagne to be held just before the Council's July 26th
27 meeting, the Manager said. He hoped the occasion would merit the
28 amount of media attention it deserved because the "City is at last -
29 able to tell its residents and the whole world that St. Anthony once
30 again has good dri.nking water to offer its residents. "
31 Manager's Report Hits Intended Target
32 Copies of his latest Downgradient report had been distributed to the
3.3 Council and Mr. Childs reported satisfaction with the report he had
34 from the New Brighton Manager that the Army had not been too happy
35 to see his comments on the City's frustration with the Army's
36 footdragging related to a resolution of the City's water contamina-
37 tion problems. There were no Council suggestions that he should
38 moderate the tone of any future reports.
39 Manager Doesn't Foresee Any Radical Changes in City's #6 Fire Rating
40 After Inspection
•
14
1 Although the insurance industry would be making its first inspection •
2 of the City firefighting facilities since 1973 in the next few weeks,
3 Mr. Childs based the above prediction on the fact that there had
4 been little or no change in either the City's or Fire Department's
5 size in the last 15 years. He said a change in rating points either
6 up or down would probably have little effect on the amount of
7 Homeowners Insurance premiums residents would have to pay.
8 UNFINISHED BUSINESS
9 Wheels Set in Motion for City's Music Pavilion (Bandshell )
10 Councilmember Ranallo proposed adoption of the resolution which
11 would support the above project being placed on the priority list for
12. funding as part of the "Celebrate Minnesota 1990" observance.
13 Council Action
14 Motion by Marks, seconded by Enrooth to adopt Resolution 88-026.
15 RESOLUTION 88-026
16 A RESOLUTION APPROVING FUNDING FOR A MUSIC
17 BANDSHELL IN ST. ANTHONY VILLAGE AS PART OF THE
18 "CELEBRATE MINNESOTA 1990" OBSERVANCE
19 Motion carried unanimously.
20 Second Reading of Ordinance Exempting City From License/Permit Fees
21 Approved
22 Motion by Ranallo, seconded by Marks to approve the second reading of
23 Ordinance 1988-006 .
24 ORDINANCE 1988-006
25 AN ORDINANCE RELATING TO LICENSING,
26 EXEMPTING THE CITY FROM LICENSING FEES
27 AND REQUIREMENTS; AMENDING SECTION 510:00 OF THE
28 1973 CODE OF ORDINANCES
29 Motion carried unanimously.
30 ADJOURNMENT
31 Motion by Ranallo, seconded by Enrooth to adjourn the meeting at 9 : 31
32 P.M. for the St. Anthony Housing and Redevelopment Authority meeting
33 which followed immediately.
34 Motion carried unanimously,
•
15
• 1 Respectfully submitted.,
2 Helen Crowe, Secretary
3
4 Mayor
5 ATTEST:
6 .City Clerk
7 :cjk
• 8
9
•
,• C=TY O F S T . ANTHONY
C OUN C I L M 2 NUT E S
aUNE 14 1988
1 The meeting opened at 7 : 30 P.M. with the Pledge of Allegiance led by
2 Mayor Sundland. Two applicants to represent the City on the East
3 Side Hennepin County Human Services Advisory Committee had been
4 interviewed .by the Council prior to the meeting.
5 Present for roll call : Marks, Sundland, Ranallo, Enrooth, Makowske.
6 Also present: David Childs, City Manager.
7 SENATOR MARTY REPORTS LEGISLATIVE SESSION
8 The legislator apologized for not meeting with the Council earlier.
9 However, he said Mr. Childs had been keeping him well informed
10 related to matters particularly' of interest to the City over the last
11 year and a half. Senator Marty indicated he had set up a better
112 system for answering his mail and returning calls than he had at
• 13 first, but urged the - Councilmembers to call him at the phone number
14 he had distributed if they ever again failed to get an immediate
15 response to a letter.
16 Senator Justifies Ave Vote on Property Tax Bill
17 Councilmember Ranallo asked the lawmaker why, as the City's
18 representative, he had voted for a property tax bill which gave the
19 City an . 11% tax increase while outstate communities received
20 increases of only 1/10 of 1%.
21 Senator Marty said he had voted for what he considered to be a
22 "decent package overall" which had removed some taxes he believed
23 should never have been imposed in the first place. He indicated he
24 was still trying to find out what the tax bill's long term impact on
25 suburbs would be, but the tax experts had told him that:
26 *despite the Municipal Legislative Commission lawsuit challenging
27 the legislation, the suburbs could be expected to do much better
28 over the next three to five year period;
29 *the new local aid formula would actually be better for communities
30 like St. Anthony which are fiscally responsible because the system
31 had been changed to not reward local governments which spend the
32 most;
• 1
T r
1 *this year's tax bill would hold down property taxes by about •
2 $200 , 000 , 000 over what they would have been without those changes;
3 *The $53 ,000 ,000 one time payment to cities who have been spending
4 the most was intended to make up for the impact the law would have
5 on them later on.
6 Mr. Childs told the legislator what troubled him most about the bill
7 was that the City of St. Anthony, which has been a low taxing city,
8 is penalized because the formula is based on the total mill rate,
9 which includes one of the highest taxing school districts and
10 counties.
it Councilmember Marks told Senator Marty the suburbs perceive the
12 larger cities like Minneapolis and St. Paul have formed a "power
13 block" which the suburbs, because of different problems, find hard to
14 coordinate against. He said cities like St. Anthony who are willing
15 to pay more for better quality schooling for its children are also
16 "put at loggerheads" with outstate communities who don't spend that
17 much.
18 Mayor Sundland indicated that was why he perceived it was incumbent
19 upon the City's representatives to make a distinction between the
20 school district's and City's spending in the tax package.
21 Senator Marty indicated he agreed that the larger cities had more
22 "clout" because they were able to put more lobbyists over at then
23 capitol and he promised to look further into the question of the long
24 term impact of splitting school rates from the City's and to -consider
25 at least raising that question the next time tax legislation is
26 proposed.
27 Councilmember Marks suggested fair distribution of tax increment
--- 28 financing- was_another issue_which the legislator could keep h_is_ e__ye _
29 on for the suburbs.
30 Legislation having to do with obscenity and the state's role in
31 solving St. Anthony's water contamination problems were discussed
32 briefly before Senator Marty was thanked for coming and left the
33 meeting.
34 MAY 24, 1988 COUNCIL NINUTBS
35 Motion by Marks, seconded by Enrooth to approve the above with the
36 following changes:
37 Page 7 , line 22 : Substitute "be invited" for "had requested" .
38 Page 9 , lines
39 16 & 17 : Substitute "the government doesn't provide water
40 for its residents which instead is provided by
2 •
1 private companies" for all wording beyond "'Euro-
2 pean cities. . . . " .
• 3 Page 10 , line 28 : Delete "under which" put a period after "session"
4 and capitalize "Cities" .
5 Motion carried unanimously.
6 LIC$NSSS/PSRMITSZEETITION
7 Motion by Ranallo, seconded by Marks to grant the following permits
8 and licenses as listed in the June 14th Council agenda packet:
9 Multiple Dwelling Registration
10 Michael Miller, 3701 Chandler Drive, Macalaster Apartments
11 Contractors
12 Silvertree Construction, Inc. , Minneapolis
13 Albert Kastner & Sons, Inc. , St. Paul
14 Heating
15 Northeast Sheet Metal , Inc.
16 Richmond & Sons Electric, Inc.
17 Golden Valley Heating & Air Conditioning
18 Sharp Heating and Air Conditioning
• 19 Owens Services Corporation
20 St. Marie Sheet Metal, Inc.
21 Sedgwick Heating & Air Conditioning
22 Acme Sheet Metal Company
23 Standard Heating & Air Conditioning
24 Superior Contractors, Inc.
25 Midwest Mechanical
26 Air Comfort, Inc.
27 Air Conditioning Associates, Inc.
28 Yale Incorporated
29 Market Mechanical Refrigeration & Air Conditioning
30 Airco Heating & Air Conditioning
31 Motion carried unanimously.
32 Motion by Ranallo, seconded by Sundland to grant a temporary 3 .2 beer
33 permit to Susan Johnson, 3100-29th Avenue N.E. , for the neighborhood
34 picnic in Silver Point Park, June 26th to kick off Dave Freund's bike
35 marathon between Seattle and Minneapolis..
36 Voting on the motion:
37 Aye: Ranallo, Sundland, Enrooth, Makowske.
38 Nay: Marks.
• 3
1 Motion carried. •
2
3 Motion by Marks, seconded by Makowske to approve payment of all
4 accounts payable listed for May 31st and June 14th in the June 14 ,
5 1988 Council agenda packet.
6 Notion carried unanimously.
7 Motion by Marks, seconded by Enrooth to approve the following
8 payments as listed in the June 14 , 1988 Council agenda packet:
9 *$3, 194 . 20 to Short-Elliott-Hendrickson, Inc. for engineering
10 services through April on the plans and specifications for re-
11 placement of the existing Foss Road pumping station;
12 *$7 , 898 . 80 to Rieke-Carroll-Muller Associates for engineering
13 services through May on the temporary water treatment (carbon
14 filtration) facility;
15 *$800.00 to RCM for engineering services through May related to
16 the Kenzie Terrace traffic signals;
17 *$506. 64 to RCM for services through May in conjunction with the
18 sanitary sewer study;
19 *$380 . 25 and $952 .92 to the Dorsey & Whitney law firm for legal •
20 services during March and April.
21 Notion carried unanimously.
22 Motion by Ranallo, seconded by Makowske to approve payment of
- -23-$2-,-2-00 .-00 -to-- the _-Hance and LeVahn law firm for legal services
24 rendered for the month of June relative to St. Anthony -prosecutoris - - -
25 Notion carried unanimously.
26 Makowske Pleased with Tone of Attorney's Letters to Congressmen
27 The Councilmember commented that she thought Mr. VandeNorth had
28 handled the above communications very well before she seconded the
29 following:
30 Motion by Marks, seconded by Makowske to approve payment of $6, 134 .02
31 to the Briggs and Morgan law firm for legal services through April
32 relative to the City's lawsuit against the U.S. Army et al in
33 conjunction with St. Anthony's water contamination problems.
34 Notion carried unanimously.
4 •
l
1 Motion by Ranallo, seconded by Enrooth to approve payment of a
2 premium of $68, 951.00 to the League of Minnesota Cities Insurance
• 3 Trust for participation in the League's Self-Insured Workers'
4 Compensation program.
5 Motion carried unanimously.
6 Boulevard Reconstruction Ahead of Schedule
7 Councilmembers expressed great satisfaction with the progress being
8 made on the St. Anthony Boulevard reconstruction project before
9 approving the following:
10 Motion by Marks, seconded- by Enrooth to approve payment of $61 ,117.09
11 to the Ashbach Construction Company for boulevard grading and paving
12 as well as Kenzie Terrace street improvements through. May.
13 Motion carried unanimously.
14 Motion by Marks, seconded by Makowske to approve payment of
15 $41 ,761 .25 to Lakeland Ford for the GVW dump truck purchased by the
16 Public Works Department.
17 Motion carried unanimously.
18 Motion by Ranallo, seconded by Enrooth to approve payment of
19 $9,000. 00 to School District #282 for the use of the Parkview
• 20 facilities during April , May, and June.
21 Motion carried unanimously.
22 Work on SAV I Liquor Warehouse to be Completed Shortly
23 Mr. Childs explained that the billing from the architects was for
24 work already completed by the contractors, Fullerton Lumber Company,
25 to whom the payment would be made. He said any work left on the
26 punch list would be completed shortly and would be billed at a later
27 date.
28 Motion by Marks, seconded by' Sundland to approve payment of $6,978 .00
29 to the Fullerton Lumber Company.
30 Motion carried unanimously.
31 REPORTS
32 COUNCIL
33 Sprinkling Schedule Prompts Calls to Councilmembers
34 Some of the above involved confusion about just when residents could
35 sprinkle and others came from residents who were reporting instances
• 5
1 of non-conformance. The Mayor said he was suggesting his callers
2 make lists of the latter to be submitted to City Hall for follow-up•
3 on the violations.
4 When Councilmember Ranallo reported some of his callers were still
5 confused about just when they could water their lawns, he was told
6 the City's schedule had been published in the papers when it first
7 went into effect and had been broadcast over both radio and
8 television since then. One of the television stations even has a
9 City Line where residents can call to get the exact hours they can
10 water in St. Anthony.
11 Hand Watering Doesn't Violate City's Ordinance
12 The above clarification was made by the City Manager after hearing a
13 report that one City resident had been filmed with a hose in her
14 hand by a TV crew who were televising "sprinkling cheaters" . Mr.
15 Childs added that every City Manager he had talked to had reported
16 having the same -type of communication and compliance problem. He
17 then reminded the Councilmembers that the City's sprinkling ban would
18 no longer be necessary after the carbon filtration system
19 installation is completed early in July and the City is able to
20 reopen Well #3 . In the meantime, the City hasn't run out of water
21 and the Police Reserves are continuing to talk to residents who are
22 not complying with the restrictions.
23 City's Administration Fee for Burglar Alarms to be Reviewed
24 Mayor Sundland reported hearing from one resident who was "quite
25 incensed" about having to pay a $25 fee when he had the above
26 equipment installed in his home. The resident had argued that
27 charging a fee for installing such safety measures might prove to be
28 "counterproductive" and "a benefit to the criminal element in the
29 long run because citizens might decide not to put in burglar alarms
30 because of the added costs. " The Mayor confessed that he had not
31 realized alarm owners had to pay $25.00 to renew the license each
32 year and had argued that the one time fee was not so bad when you
33 considered all the administrative costs the City incurred, setting up
34 and keeping a file on each alarm, the police inspection of the
35 equipment, and the fact that the owner can have 3 false alarms
36 before he is charged. Councilmember Enrooth reported receiving
37 several complaints about the fees and wondered if the costs had been
38 fully explained to the license holders when they were first issued.
39 Mr. Childs said he would review the fees with the Police Chief to
40 ascertain the costs on which the fee structure was originally set up
41 and would have the Chief prepare a report on the matter for a future
42 Council meeting.
43 Prospective Kenzie Terrace Project Developer Seeking Parking Lot
44 Parcel
6 •
I The Mayor reported that to discussions to make apartment construction
2 more feasible with Kraus Anderson (the owner) , and Red Owl/Town and
t 3 Country Foods, who lease the property east of the Kenzie Terrace
4 Redevelopment site, have taken place. The City perceives that
5 Lang/Nelson considers addition of that small parcel second in
6 importance only to their being able to get financing for the
7 project. The additional land would allow the developers to increase
8 the unit size in their apartment proposal. Mayor Sundland indicated
9 he perceived the Town and Country management to be very supportive of
10 the transfer of property. Mr. . Childs reported further on the matter
11 later in the evening.
12 Channel 16 Carrying City Council Meeting Agendas
13 Although there had been no response that evening, Councilmember
14 Makowske indicated she was hopeful that once residents became
15 accustomed to seeing the agendas televised, they might be prompted to
16 attend meetings and provide input towards issues which interested
17 them.
18 Paul Douglas .Requested to Broadcast Weather Program From Churilla
19 Garden
20 Councilmember Makowske reported that she had called Robert Churilla
21 as soon as she had read the feature story in the Bulletin about his
22 garden at 2608-34th .Avenue being included in the National Men's
23 Garden Club of American tour the first weekend in July. After
• 24 congratulating the resident, she said she had cleared the above
25 suggestion with Mr. Churilla before asking Mr. Childs to submit a
26 request that Mr. Chur.illa's garden be considered as a backdrop for
27 one of the weather reporter's backyard broadcasts in July.
28 Historical Date Recalled
29 The Councilmember then pointed out that June 13th had been the
30 feastday of St. Anthony of Padua after whom St. Anthony Village had
31 been named.
32 Residents Appreciative of Coldwell Banker Realty Patriotic Gesture
33 City office staff and Councilmembers had reported receiving calls
34 from residents who wanted to know who they could thank for placing
35 American flags all around the Village in the early hours that morning
36 in commemoration of Flag Day. Councilmember Enrooth indicated he had
37 directed the calls he had received to Jeanette Solie the local
38 Coldwell Banker representative.
39 Recycling Committee Recommendations Early in August
40 Councilmember Enrooth indicated that the task force members were
41 putting a lot of research and thought towards -that recommendation
• 7
1 which he anticipated would include actions not being taken by the
2 City at this time. The Council liaison reported the task force had
3 decided to visit the Reuters plant in Eden Prairie where materials O
4 don't have to be separated and aren't recycled per se, even though
5 Hennepin County hasn't yet included that facility in its grant
6 program because a market has not yet been found for the combustible
7 pellets which are the end product. Councilmember Ranallo agreed
8 that, from what he had heard about that operation at one of the
9 League conferences, the City might want to weigh the loss of grant
10 money for a few years against the problems other cities are
11 experiencing with material separation.
12 Council's Enthusiasm for City's 1990 "Back to Minnesota" Project
13 Growinu
14 Councilmember Ranallo reported the League of Minnesota Cities
15 Conference the previous week had been a very good one which was
16 echoed by the other Councilmembers in attendance. Mayor Sundland
17 said his -involvement in the Special Olympics at Macalaster College
18 had kept him from attending.
19 During the conference, Councilmember Ranallo reported he had learned
20 more about the above state observance, including the fact that the
21 state will fund 25% of project costs for cities who participate. He
22 said he had discussed his suggestion about a permanent band shell
23 for St. Anthony with some of the conferees who thought it was a good
24 idea. The Councilmember passed around a photo he had taken of a band
25 shell in Ashland, Wisconsin after which he suggested the St. Anthon0
26 structure could be modeled. The City could start right now to look
27 for a local architect to design the shell and determine the figure
28 upon which fund raising efforts could be initiated. Councilmember
29 Ranallo perceived the groundbreaking and construction could be
30 scheduled for next summer with the formal dedication to be held on
31 the City's namesake's feastday, June 13 , 1990.
32 The fact that he had already raised, $2 ,000. 00 towards the venture,
33 the Councilmember said, made him think there would be no problem
34 getting resident support and he was certain there were many residents
35 who would be willing to help with the construction under the Public
36 Works Director's supervision.
37 Mr. Childs indicated it was fortunate that the Boosters and City
38 staff were planning to redesign and relocate the ball diamonds and
39 hockey rinks this fall because he was certain space could be found
40 for the band shell in those plans.
41 Councilmember Makowske indicated she was "very excited" about the
42 ' whole idea, perceiving this would be a "wonderful opportunity for
43 pulling the residents together and building community spirit. "
44 Councilmember Marks indicated he knew the two St. Anthony bands were
45 very enthusiastic about having their own band -shell . He also said he
8 0
1 knew there would be many more bands who would want to play here in
2 addition to the members of the John Philip Sousa Memorial band who
3 had told Councilmember Ranallo he could count on them to play here at
4 no cost.
5 Makowske Wants City's Historical Data to be Upgraded
6 The Councilmember suggested the above be done in conjunction with the
7 "Back to St. Anthony" theme through an historical society to include
8 two people she recently met, who, though they live in New Brighton
9 now, both grew up in St. Anthony and indicated they knew of
10 discrepancies in histories of the City which were published in the
11 past. The man Councilmember Makowske had talked to was the grandson
12 of the Mr. Pahl who had been a St. Anthony Mayor before the City was
13 incorporated. Mr. Childs said that he thought that there were
14 mayors going all the way back to the 1890's although St. Anthony
15 Village hadn't actually been incorporated as a Village until 1947 .
16 Councilmember Marks liked the idea of having a 5 person historical
17 society established, saying he knew his wife, Florence, who had done
18 some historical research for the monument in the City's historical
19 cemetery, would love to serve on any historical committee which was
20 formed.
21 City Fireman Gives "Tremendous" TV Explanation of Reason for
22 Sprinkling Ban
• 23 His wife had seen the above interview of Dick Johnson of the St.
24 Anthony Fire Department, Councilmember Marks reported. He asked Mr.
25 Childs to convey both their congratulations on "a job well done. "
26 Ranallo Reports on LMC Conference
27 San Antonio Mayor Henry Cisneros, who, though he mispronounced
28 "Ranallo" and was confused about just where St. Anthony was, gave an
29 excellent speech at the conference and certainly came well briefed
30 on Minnesota.
31 Councilmember Marks said he really appreciated what he perceived had
32 been a very good , conference and the work which was put into it,
33 especially by Councilmember Ranallo. He reported on several seminars
34 he had attended, including the one on "How to Handle Employee
35 Dissatisfaction" ; another "high powered presentation" on "How to be
36 a Champion" by Ramsey County Commissioner Salverda David McNally's
37 report on Terry Fox, the Canadian boy with cancer who raised
38 $20,000,000. 00 for cancer research; and the Standard and Poor's
39 representative's explanation of how they rate cities, which
40 considered not only the City's but the entire community's ability to
41 handle debt.
42 DEPARTMENTS AND COMMITTEES
• 9
1 The following were ordered filed after comments on several issues:
2 *Hance and LeVahn, Ltd. reports on matters they had prosecuted at O
3 the Hennepin County District Court May 18th and June 1st;
4 Marks reported prosecutors had told him Judge Christensen
5 was actually considered "one of the toughest judges" when
6 it came to sentencing which their reports supported;
7 *May Liquor Sales Summary
8 Ranallo was assured staff is concerned about the drop in
9 sales for the Apache liquor warehouse operation which the
10 Liquor Manager perceives was strongly influenced by the price
it wars among new liquor operations in nearby communities;
12 *May Fire Department Report
13 accepted without comment.
14 CITY MANAGER REPORTS
15 June 7 . 1988 Staff Meeting Notes
16 Mr. Childs said he had also heard rumors about companies who were
17 interested in locating in the vacant Mickey D's Restaurant buildin
18 despite the "atrociously high" rents Councilmember Ranallo said he
19 understood were being asked for the building.
20 Rieke Carroll Muller Status Report on City Projects Welcomed
21 The Councilmembers indicated they were very happy to learn from the
22 above that the Kenzie Terrace signal project was 90% complete and to
23 hear Mr. Childs say that the St. Anthony Boulevard reconstruction
24 project had advanced to the point where the curbing would be laid the
25 following week.
26 They were also pleased to learn that the carbon filtration plant
27 should be up and running early in July when, Mr. Childs said,
28 hopefully, all sprinkling restrictions could be dropped.
29 Contract for Well #3 Reactivation Protect to be Awarded June 16th
30 Mr. Childs indicated he expected the bids for that project to be in
31 the office the following day and he requested the Council schedule a
32 short special meeting at 5: 30 P.M. , June 16th, to accept the bids and
33 award the contract for the project. He reiterated that staff expects
34 all costs would eventually be paid from the Superfund, but perceives
35 the City can't wait for that approval and would have to go ahead and
36 pay out the $15,000.00 now with the expectation of including those
10 0
1 costs in the water contamination suit settlement if Superfund payment
2 isn't forthcoming.
• 3 The meeting was approved to be held as he had recommended.
4 Manager Will Be on Vacation From -June 22nd Until the 30th
5 Mr. Childs said he would be out of town during that period which
6 would include the Council's June 28th meeting. He said he was
7 attempting to make the agenda for that meeting very light. The
8 Manager indicated he hoped the Parkview agreement, which would not
9 require further Council approval , would also be ready for his
10 signature before he left.
11 Childs Gives Latest on Lang/Nelson's Plans for Finishing the Kenzie
12 Terrace Redevelopment Project
13 Mr. Childs reiterated that:
14 *as the Mayor had already reported, these prospective developers
15 are still looking for financing but in the meantime perceive a
16 need for larger apartment units which would require more land
17 than now available to the project;
18 *discussions are proceeding about the feasibility of acquiring a
19 small triangular parcel of unstriped parking area which the
20 City had always assumed belonged to the St. Anthony Village
• 21 Shopping Center but which actually belongs to Kraus Anderson as
22 part of the Town and Country Store property;
23 *Lang/Nelson has indicated that, if they can get a good enough
24 financial package together, they might not even bother with the
25 redevelopment bonds;
26 *staff is still meeting on a regular basis with other developers
27 who although they say they are very interested, haven't come up
28 with the money or commitment necessary to guarantee the project
29 would be completed.
30 MW BUSINESS
31 Motion by Ranallo, seconded by Sundland to adopt the resolution which
32 authorizes signatures on all checks and drafts following the Finance
33 Director's retirement, June 30th.
34 RESOLUTION 88-022
35 A RESOLUTION APPROVING THE SIGNATURE OF THE MAYOR
36 AND THE CITY MANAGER ON ALL DRAFTS DRAWN
37 AGAINST DEPOSITS OF THE CITY OF
38 ST. ANTHONY, MINNESOTA
• 11
1* Motion carried unanimously.
2 City to Pay $6 . 867- 18 of Costs of Renairinu 37th/Stinson Intersection•
3 From MSA Allocation
4 Council Action
5 Motion by Marks, seconded by Ranallo to follow the recommendations of
6 the Public Works Director to authorize the execution of the joint
7 powers agreement with Columbia Heights to make the necessary repairs
8 to the intersection of Stinson Boulevard and 37th Avenue N.E. with
9 St. Anthony's share of the costs, $6,867. 18, to come from the City's
10 MSA allocation.
it Notion carried unanimously.
12 Council Approves $9 ,000 Computerized Utility Billing System for the
13 City Administration Offices
14 The decision to go with the Banyon Data Systems equipment was based
15 on information in Mr. Childs' June 10th memorandum in the agenda
16 packet and further information he gave during the discussions.
17 Councilmember Marks agreed that the system had an "incredible service
18 capability" and he anticipated that as time went on research would
19 provide more ways of using the computer at less cost.
20 Council Action 0
21 Motion by Ranallo, seconded by Marks to authorize the City Manager to
22 purchase the utility billing system which he had recommended from
23 Banyon Data.
24 Notion carried unanimously.
25 City Not to Be Required to Pay License Fees for Its Own Activities
26 The Manager's June 10th recommendations were also accepted in the
27 following:
28 Council Action
29 Motion by Marks, seconded by Enrooth to approve the . first reading .of
30 Ordinance 1988-006.
31 ORDINANCE 1988-006
32 AN ORDINANCE RELATING TO LICENSING, EXEMPTING
33 THE CITY FROM LICENSING FEES AND REQUIREMENTS;
34 AMENDING SECTION 510:00 OF THE 1974 CODE OF ORDINANCES
35 Notion carried unanimously.
12 •
• 1 Dorothy Fleming to Represent St Anthony on Ease Side Hennepin County
2 Human Services Advisory Committee
3 The above and Maurice D. Ruch, 3113 Townview Avenue N.E. , had been
4 interviewed prior to the meeting. Because of Mr. Ruch's Occupational
5 Safety and Health background, Mr. Childs indicated he was certain the
6 City could use his services in another capacity.
7 Council Action
8 Motion by Marks, seconded by Makowske to appoint Dorothy Fleming,
9 3101 Wendhurst Avenue N.E. to serve with Leanna McClanahan on the
10 above advisory committee.
11 Notion carried unanimously.
12 UNFINISHED BUSINESS
13 Second Reading Given Ordinance Changing Zoning for the Proposed
14 Evergreen Townhouses Development Lane
15 Motion by Ranallo, seconded by Enrooth to approve the second reading
16 of Ordinance 1988-005.
17 ORDINANCE 1988-005
• 18 AN ORDINANCE AMENDING THE CITY ZONING MAP
19 Notion carried unanimously.
20 ADJOiJRI�il�1T
21 Motion by Enrooth, seconded by Makowske to adjourn the meeting at
22 9: 35 P.M.
23 Motion carried unanimously.
24 Respectfully submitted,
25 Helen Crowe, Secretary
26
27 Mayor
28 ATTEST:
29 .City Clerk
13