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HomeMy WebLinkAboutPL PACKET 07191988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iaoazz Box: 15 Folder: PL PACKETS 1988 Document: PL PACKET 07191988 • • 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 i I I I I I 1 I 00 j 1 I I I t .Lc\nQ Iq I � � � I � � � � j j t�•�,5,•\r,e� IF a,r�c(2 1 i C�I xy U I I I • I � ' I i 4 I it I j � I ; I I I I I I o2 � A[ ji k' fl\k\Y fOAf I I ; I I i I � , , I j j �1 \•�2 I ' r+!s04� I ' t 5 I vec- 1-are. + view . . . . ' o40 � � 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