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HomeMy WebLinkAboutPL PACKET 11211989 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIII IIIIIIII 100434 Box: 15 Folder: PL PACKETS 1989 / Document: PL PACKET 11211989 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA NOVEMBER 21, 1989 7:30 P.M. COUNCIL CHAMBERS I . Call to Order. II. Roll Call . III. Approval of October 3, 1989 Planning Commission Meeting. IV. Designate Commission Representative to the • Council Meeting on November 28, 1989. V. Public Hearings. A. 7: 35 P.M. - Rosie's Restaurant, 2905 Kenzie Terrace, sign variance request. B. 7:50 P.M. - LaNel Financial (Autumn Woods Apartments) , 2600 Kenzie Terrace, sign variance request. VI. Unfinished Business. VII. Miscellaneous. VIII. Adjournment. • 1 CITY OF ST'. ANTHONY PLANNING COMMISSION MEETING MINUTES OCTOBER 3 , 1989 CALL TO ORDER The meeting was called to order by Chairperson Madden at 7 : 30 p.m. The Pledge of Allegiance was led by the Commission *Chair. ROLL CALL Present: Brownell , Franzese (7 : 50 p.m. ) , Hansen, Madden, Wagner Werenicz Absent: London Also Present: Susan VanderHeyden, Acting City Manager Larry Hamer, Director of Public Works APPROVAL OF MINUTES Motion by Wagner, seconded by Brownell , to approve the August 15, 1989 Planning Commission meeting minutes as presented and with the following corrections : Page 1, Line 43 : Delete "to. " Page 3 , Line 29 : Change "feelings" to "feeling. " Motion carried unanimously. DESIGNATE COMMISSION REPRESENTATIVE TO OCTOBER 10TH COUNCIL MEETING Commission Chair Madden was selected and agreed to represent the Planning Commission at the next scheduled City Council Meeting. PUBLIC HEARINGS Holten; for 2909 Rankin Road;. Setback Variance Request The Chair opened the public hearing at 7 : 44 p.m. The Chair read the official notice of the public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or stated an objection to the contents of the notice. The public hearing was set to consider a variance request from Bruce Holten, 2505 27th Avenue N.E. , for a setback variance to allow a 22-foot front yard setback from the required 30-foot setback (an eight-foot variance) at 2909 Rankin Road. Acting City Manager VanderHeyden advised the Commission that an r 2 • eight-foot easement is in the process of being relinquished to the City by Hennepin County, although the City is presently responsible for maintaining that property. Public Works Director Larry Hamer advised the Commission that the zoning ordinance requires a structure to be set 30 feet back from any property line adjacent to a road. Discussion ensued regarding the correct method 'of measuring the front, side, and rear easements . Chair Madden invited Bruce Holten to present his cases to the Commission. Mr. Holten described the logistics involved in building a house on a triangular site with two large road easements . He then stated that the .eight-foot variance he is petitioning for is the eight-foot easement which will eventually revert to the City. He stated that the granting of this variance would allow him to build a house in alignment with the neighboring house; to place the garage as far north on the property as possible in order to comply with City Council restrictions imposed when Lots 19 and 20 were split; and to save an old oak tree on the Old Highway 8 side of the property. Don Makowske of 2919 Rankin Road spoke in favor of Bruce Holten' s building plans and variance request. The public hearing was closed at 7.: 50 p.m. Motion by Werenicz, seconded by Wagner, to recommend that the City Council grant an eight-foot front yard setback variance at 2909 Rankin Road, finding that the three questions asked in the variance petition were answered affirmatively and satisfactorily and that no one spoke against the request; that the variance apply only to this particular lot based upon its unique configuration; and that the house be placed upon the lot as indicated in drawings- submitted to the Commission. Motion carried unanimously. Yarr; for 3104 Armour Terrace; Fence Variance Request The chair opened the public hearing at 8 : 02 p.m. The Chair read the official notice of the public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or , objected to the contents of the notice. The public hearing was set to consider a variance for a . fence to allow an additional foot (from six feet to seven feet) in the back yard and an additional three .feet (from four feet to seven 3. feet) in the front yard. Public Works Director Larry Hamer related the history of the fence project to the Commission, stating that the east side of the fence had already been constructed before the City was contacted regarding f t • 3 possible ordinance violation and asked to provide the Yarrs with a copy of the fence ordinance .. Subsequent to providing the Yarrs with notice of the fence ordinance, Hamer visited the site three more times during the construction of the remainder of the fence regarding its violation of the height provision of the fencing ordinance . Hamer added that a neighbor ' s ten-foot fence cited by the Yarrs in their petition was erected before the fencing ordinance was enacted in 1982 . Chair Madden invited Valentina Yarr to present her case to the Commission. Ms . Yarr stated that the fence was built on the east side to replace the privacy lost when a row of tall bushes over eight feet in height died, and that the fence on the west side was built to obliterate the Yarrs ' view from their dining room window of junk stored in the neighbor ' s yard. She also stated that the Yarrs ' teenaged daughters desired additional privacy for sunbathing. Ms. Yarr explained that the fencing was initially eight feet high on the east side, but that when their east neighbor complained about lack of sunlight on their garden, the Yarrs cut one foot off the top of the fence. Ms . Yarr explained that eight-foot fence posts are still present in the fencing because the Yarrs planned to build a decorative trim on the fence or to hang flower baskets from the • poles . Ms . Yarr then distributed photographs of the view from their dining room window. Bill Wahl of 3113 Armour Terrace spoke against the variance request. He stated that ordinances and regulations are established for the protection of community members , and that when too many variances are granted the regulations are weakened and become meaningless . He expressed the view that variances should be granted only on the basis of true hardship and unusual circumstances . Ethel Plasek of 3112 Armour Terrace spoke against the variance request, stating that fences detract from neighborhood beauty. Frank Plasek of 3112 Armour Terrace spoke against the variance request, stating that residents should not be allowed to disobey ordinances or to spoil the appearance of their neighborhood. Carl Marihart of 3101 Armour Terrace spoke against the variance, stating that he sees no need for a seven-foot fence in the front yard because of the presence of trees and the elevation of the property which currently provide privacy. Avanelle Froelich of 3016 Armour Terrace spoke against the variance request, stating that the Zahhos ' ten-foot fence cited in the Yarr petition was erected to maintain the continuity of a fence installed by one of the Zahhos ' neighbors to enclosed a swimming pool . She concurred with Mr. Marihart regarding tall front yard fences . Daniel Kopka of 3108 31st Avenue spoke against the variance request, • r , 4 • e fence stating that he is in favor of the current fen ordinance because tall fences detract from the beauty and openness of neighborhood back yards . Ms . Yarr responded to those who spoke against the variance request, stating that the $3, 000 fence was of good quality, that the fence does not obstruct ventilation of their neighbors ' yards, and that the back yards were .never open and continuous because of the large bushes . .Commissioner Werenicz asked Ms . Yarr to explain what undue hardship would be relieved by a seven-foot fence . Ms . Yarr replied that their quiet enjoyment of their .property was disturbed by their view, from their dining room window in particular, of junk in the Zahhos ' yard. Commissioner Werenicz expressed the view that a six-foot fence would be sufficient. He then asked Ms,. Yarr to explain the affirmative answers given to questions two and three of the petition for variance . Nicholas Yarr of 3104 Armour Terrace responded that he had consulted with his two immediate neighbors before constructing the fence and had received approval from them initially, and that he complied with the Glotzbachs ' request to lower the fence by one foot. He added that he had asked the Zahhoses many times to clean up the visible junk in their yard but had been told that they were too busy . to do so. Commissioner Franzese asked if 'the fence would still serve its intended purpose if it was cut down to six feet. Ms . Yarr replied that the fence looks nice and that she sees no difficulties with the fencing as it exists . She commented that it would' be a hardship for them to cut the fence down another foot because they would have to hire someone to do it . The public hearing was closed at 8 : 26 p.m. The Commission concurred in its findings that -the Yarrs were aware of the fence ordinance requirements well before construction of the fence was substantially completed, -and that no hardship or unusual circumstances were shown to exist in their case. The Commission also noted that, if the junk situation . in the Zahhos ' back yard is as unsightly as alleged, the City might need to rectify that situation. Public Works Director Hamer replied that he has been in contact with the Zahhoses regarding the accumulation of debris and will follow up the situation. Motion by Wagner, seconded by Werenicz, to recommend that the City Council deny the variance request for seven-foot fencing at 3104 Armour Terrace on the basis that no hardship or extraordinary circumstances have been shown to exist which would justify a variance; and that no one appeared to speak in favor of the variance • request while many opposed it. 5 Motion carried unanimously. Clark ' s Submarine Sandwices ; for 2922 Pentagon Drive; Conditional Use Request and Sign Variance Request . The Chair opened the public hearing at 8 : 49 p.m. The Chair read the official notices of public hearing which had been published in the September 20th edition of the St. Anthony Bulletin. No one failed to receive or stated an objection to the contents of the notices . A public hearing was- set to consider a request from Clark ' s Submarine Sandwiches , 417 University Avenue , St . Paul , MN 55103 , for a conditional use permit to place a restaurant drive-through on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center; and a public hearing was set to consider a request from Clark ' s Submarine Sandwiches , 417 -University Avenue, St . Paul , MN 55103 , for a sign variance to place a drive-through sign on the side of 2922 Pentagon Drive in the St. Anthony Shopping Center, which sign is 9 .75 square feet (1 . 5 x 6 . 5) designating the business name and drive-through service. Acting City Manager VanderHeyden informed the Commission that Clark ' s • Submarine Sandwiches ( "Clark ' s" ) plans to* lease the space currently occupied by the Nationwide Sewing Center . She presented the Commission with a large-scale plan of the proposed restaurant and drive-through location. Commissioner Franzese asked staff whether the City is responsible for designating traffic flow in the shopping center . Public Works Director Hamer informed the' Commission that Eberhardt designates the flow of traffic in the shopping center. He pointed out that the area proposed by Clark' s as a drive-through was but is no longer a traffic thoroughfare since the closing of retail stores and construction of the apartment complex in their place. Commissioner Franzese asked whether the fire hydrant in the southwest area of the shopping center might pose a hazard to motorists . Hamer replied that the .hydrant is adequately protected by steel posts . In reponse to a question by Commissioner -Brownell , Hamer stated that the City has the right, due to a 60-foot utilities easement, to designate no parking in an area adjacent to Coolidge Street which is designated on the plan as the drive-through entrance. Hamer expressed the opinion that the majority of the drive-through traffic will flow in front of the Town & Country grocery store . Chair Madden invited Clark Armstead, owner of Clark ' s , to present his case to the Commission. In response to a question by Commissioner Franzese, Mr. Armstead stated that he .expects the drive-through business to constitute approximately 30 percent of the Clark ' s y 6 business at the St . Anthony location. He cited several advantages of drive-through service to both the restaurant and its customers . Commissioner Wagner expressed a concern regarding the flow of traffic exiting the drive-through lane . Discussion ensued regarding methods of preventing traffic exiting the drive-through lane from crossing or turning left at a blind corner into oncoming traffic . Commissioner Wagner suggested curbing which would direct exiting traffic to the right and prevent crossing traffic or left-hand turns . Commissioner Brownell noted that such a solution, when combined with an extended sidewalk, would also protect pedestrians coming around the blind corner toward the drive-through lane, as well as preventing traffic from entering the wrong way into the drive-through lane . Mr. Armstead agreed with the proposed solution but deferred to Eberhardt and Victoria Management for the final decision. Commissioner Franzese asked Mr . Armstead what the restaurant ' s hours of operation would be. Mr. Armstead replied that Clark ' s restaurants are traditionally open daily from 10 : 00 a .m. to 2 :00 a .m. , but that he would be willing to close the St . Anthony location at midnight Sunday through Thursday if the Commission was concerned with the 2 : 00 a.m. closing time. Rod Johnson, Eberhardt Company, read to the Commission a letter written by Dick Horst , owner of the St. Anthony Coast to Coast store , in which Mr. Horst expressed his support for the Clark ' s conditional use permit and sign variance . Mr. Johnson noted that Clark ' s also intends to install a menu board as part of the drive-through, although mention of that -board was inadvertently omitted from the sign variance request. . Chair Madden brought up the fact that when the Nationwide Sewing Center signage was being discussed at an earlier Planning Commission meeting Victoria Management Company had expressed willingness to consider extending the fascia around the side of the building, and he asked whether that extension is still a possibility. Mr. Johnson asked to defer the question to Joseph DiSanto of Victoria Management Company. Commssioner Wagner then pointed out that at that same meeting it was agreed that all signs would conform to the sign specifications and asked how the Clark ' s side sign could possibly conform if the fascia is not extended. Mr. Johnson stated that no need to extend the fascia had been determined by Eberhardt, which was precisely the reason for the variance request. He further stated that Eberhardt' s intent was that all the storefront signs conform, but that that intent did not necessarily include signage other than storefront. Commissioner Wagner disagreed with Mr. Johnson' s interpretation and stated that the minutes of both the Planning Commission and the City Council would reflect that all signs including front and side should conform to the specifications . Mr. Johnson replied that a requirement for all signs to conform to the 41 • 7 specifications would include rear signs , also. Chair Madden commented that the rear signage had been discussed as a separate issue . Commissioner Hansen expressed his concern that the integrity of the shopping center signage was being challenged so soon after the specifications had been put in place . He then asked what options exist if the Commission were to recommend denial of the sign variance based upon its non-conformance with signage specifications . Mr. Armstead and Mr. Johnson both described the signage as a lettering on a canopy over the drive-through which will be illuminated from the inside , and Mr. Johnson explained that individually illuminated letters such as those on the shopping center storefronts would not work on the proposed canopy. Mr. Armstead emphasized the importance of protective canopy over the drive-through. Commissioner Hansen stated that, aside from considerations of square footage and a second sign variance, the Commission was first interested in knowing what the sign would look like . He pointed out that other retailers in the shopping center had agreed to conform to the signage specifications even though they originally wanted to use non-conforming signs . Joseph DiSanto of Victoria Management Company addressed the question, first reiterating his company ' s continuing commitment to the shopping center ' s success . Mr. DiSanto stated that extending the fascia is not a consideration because of the expense involved and because a different tenant identity is needed for Clark ' s . Mr. DiSanto explained that the fascia was extended around the side of the Hennepin County Library only because a blank wall faced Kenzie Terrace . Commissioner Franzese asked Mr. DiSanto to speculate on the reaction of other tenants who were not allowed to use their company logos when they learn that an exception has been made for Clark ' s . Mr. DiSanto replied that it is difficult to dissuade a regional operator from using its logo. Additionally, - he expressed the view that the proposed Clark ' s logo would not detract from the rest of the shopping center but would merely set off the Clark ' s restaurant . He further explained that the intent of the signage specifications agreed to by Victoria was to install matching signage along the storefronts but not necessarily along the sides . He apologized to the Commission for any inadvertent error or omission on his part wich led them to believe that anything but storefront signage was meant to conform to the specifications . Chair Madden noted that two exceptions to the signage specifications already exist; namely, the Dairy Queen and the Montessori school . He stated that he is troubled by those two exceptions and is reluctanat to add a third. Mr. DiSanto disagreed with Chair Madden' s assessment of the non-conforming signs and commented that it would be extremely unfortunate to lose a potential tenant because of a signage dispute . 8 • Several members of the Commission then stated that Clark ' s business was indeed welcomed to the community. Mr. Armstead thanked the Commission for their assurances and emphasized the importance of a distinctive logo to a company such as his own. Commissioner . Wagner asked Mr . Armstead to describe the menu board. Mr. Armstead replied that the menu board will be a standard illuminated board, that the majority of the menu board will be taken up with description of menu items , and that the restaurant name in logo form will appear in small lettering at the top. Public Works Director Hamer commented that the non-conforming Montessori school sign has been removed and that he is working with Eberhardt regarding other conspicuous , non-conforming signage in the shopping center, including those located at the rear of the buildings . Mr. DiSanto assured the Commission that he would consult an engineer regarding traffic flow at the Clark ' s drive-through window in order to provide maximum safety to motorists and pedestrians . Carole Sorenson, Housing Manager of Walker on Kenzie, appeared to address the issue of pedestrian safety, stating that many of Walker ' s tenants are elderly people who are concerned with safely negotiating traffic on their way through the shopping center . Commissioner Franzese asked whether provision had yet been made for pedestrian access to the shopping center from the apartment complex. Mr. DiSanto and Mr . Johnson replied that no such plans currently exist although they acknowledged the possibility of a pedestrian walkway. The public hearing was closed at 9 : 46 p.m. Commissioner Wagner objected to allowing non-conforming signage on the side of the building and recommended that a suitable alternative be brought to the Commission, preferably one that incorporates extending the fascia around the side of the building. He additionally noted that a formal variance petition should be brought for the menu board. Commissioner Hansen stated his agreement with the views expressed by Commissioner Wagner, adding that he would not vote in favor of the conditional use variance unless the corner safety issue was satisfactorily addressed. Commissioner Brownell also emphasized the need to address the corner safety issue. He then expressed the view that he had no objection to the proposed signage because the Clark ' s business location is unique to the shopping center. • 9 Commissioner Werenicz concurred with the views expressed by Commissioner Brownell . Chair Madden stated that although he understands Clark ' s need to use its logo he would prefer to see some accommodation made on their part to the established signage pattern in the center. He also advocated extending the fascia around the side of the building. Commissioner Franzese expressed her concerns about corner safety as well as pedestrian safety between the center and the apartment complex. She expressed her hope for a compromise on the signage issue. Commissioner Franzese questioned whether the restaurant ' s late hours would. invite disturbances in an otherwise quiet residential neighborhood. Commissioner Wagner concurred with the rest of the Commission on the safety issue, and expressed thanks to Carole Sorenson for attending the meeting. Commissioner Hansen pointed out that the rear of the shopping center is receiving more notice as more residences are constructed, and • suggested that the Commission concern itself with the appearance of the shopping center in all its aspects . Motion by Brownell , seconded by Hansen, to recommend that the City Council grant the conditional use permit for a drive-through service at 2922 Pentagon Drive for Clark ' s - Submarine Sandwiches , finding that Clark ' s has affirmatively and satisfactorily answered the three questions required by the statute and that no one spoke against granting the permit; that the proposed conditional use is one of the conditional uses listed specifically for the zoning district; and that, because . a potential traffic safety hazard exists in the plan submitted to the Commission, the Commission recommends that a method satisfactory to City of St . Anthony. staff and City Council be devised for diverting traffic exiting from the drive-through to the right so as not to interfere with southbound pedestrian or automotive traffic; and that the hours of operation be from 10 : 00 a .m. to 2 : 00 a.m. daily. Motion carried unanimously. Motion by Werenicz , seconded by Brownell, to recommend that the City Council approve the variance requested by Clark ' s Submarine Sandwiches for two signs totalling 59 square feet as depicted in the drawing submitted to the Planning Commission by the petitioner; finding that the petitioner affirmatively and satisfactorily answered the three questions required by the statute and that no one spoke against granting the variance; and that the storefront sign conform to the signage specifications of the shopping center; that the 10 • petitioner present a detailed design plan of the side canopy sign to the City and that the design plan conform to the basic concept as presented to the Planning Commission at its October 3rd, 1989 meeting; noting that the Planning Commission looks favorably on the erection of a menu board as depicted in the submitted plan, although a separate variance request is required; in the hope that a suitable compromise on the side canopy sign be reached. Aye: Brownell , Werenicz Nay: Franzese, Hansen, Madden, Wagner Motion defeated. Commissioner Hansen suggested that the City Council might be aided in their decision-making task if a photo of an existing Clark ' s canopy sign could be procured for them. Mr. Armstead replied that no such canopy sign currently exists at any other Clark' s location. Mr. DiSanto suggested that the Stonehouse canopy is nearly identical- to the one proposed by Clark ' s . Chair Madden summed up the discussion by stating that the Commission was in agreement with every issue regarding the signage with the exception of the non-conforming appearance of the lettering. . MISCELLANEOUS Commissioner Wagner reported to the Commission that in his discussion of the sign ordinance with the Kiwanis Club the only objections were to election signs , which some members found unsightly. I Chair Madden announced a government training workshop entitled "Accomplishing Your Agenda and Parliamentary Procedure" to be held on October 26th in Stillwater•,' November 16th in Rochester, and January 25th in St. Paul . ADJOURNMENT Motion by Hansen, seconded by Brownell , to adjourn the Planning Commission meeting at 10 : 32 p.m. Motion carried unanimously. Respectfully submitted, i Doris Hoskin Commission Secretary i 4 � . ain thou i e DATE : APPROVAL = November 17 1989 TO : Planning Commission FROM : Sue VanderHeyden, Assistant to the Ctity Manager : rRM : SIGN VARIANCE REQUEST FOR ROSIE'S RESTAURANT Mr. Stan Carlson, renter of the property and operator of Rosie's Restaurant located at 2905-Kenzie Terrace, has requested a sign variance to be allowed to place a second sign on the east side of the building. The sign ordinance allows for 110 square feet of signage on the structure. The proposed sign is 2.5 feet X 12 feet, for a total of 30 square feet. The letters are 17 inches high and will be neon on the surface of the sign. This is in addition to the existing front sign which is also 2 .5 feet X 12 feet, or 30 square feet. The signs equal 60 square feet, which is under that allowed by the sign ordinance ( 110 square feet) . In addition, the building is located on a corner and faces away from a large amount of traffic - at St. Anthony Boulevard and Kenzie Terrace. No calls for or against this variance have been received by City Hall. An additional diagram will be presented at the meeting. :cjkll. 21 .89 . r Date: /'Ikl Fee: $25.00 CITY OF ST. ANTHONY PETITION FOR SIGN VARIANCE / e �j Applicant: �7a✓� ( _ 711,1-s•,1A,) Phone: _���—d C'/ J 9/ / Address Status of applicant (owner, buyer, renter, agent, etc. ) : _ Street address and/or legal description of property petitioned for variance: Zoning district in which property is located: Request: 7t- KK Minnesota Statutes and City ordinances require that the 'following • conditions be satisfied for approval of this request. Please respond to these conditions, using additional sheets., if necessary. 1) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. • r 2) A particular hardshiv to the applicant would result if the strict letter of the regulations are adhered to. 3) The conditions upon which the applications for a variance is based are unique to the parcel of 'land for which the variance is sought and are not applicable, generally, to other property within the same land- use classification. •f Signature of applicant: • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the City Council of the City of St. Anthony on Tuesday, November 21, 1989 at 7: 35 P.M. in the Council Chambers of the City Hall , 3301 Silver Lake Road (enter northeast corner of the building) for the purpose: • Consideration of a sign variance request from Stan Carlson for Rosie's .Restaurant, 2905 Kenzie Terrace, for a second sign to be placed on the east side of the structure. The sign is three feet by 13 feet, totalling 39 square feet. The second sign would be in addition to the 39 square foot front signage. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin November 8, 1989 • mailing list - 2905 Kenzie Terrace 11/89 Eberhardt Roger Bona Good Luck Cafe 3250 W. 66th 5236 Horizon Drive 2700 Coolidge Minneapolis, MN 55440 Fridley, MN 55432 St. Anthony, MN 55418 J. R. Blackfelner John Jadinak Lawrence Osborne 2808 Pahl 2805-27th Avenue N.E. 2900 St. Anthony Boulevard St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Elko Perchyshyn Virgil Larson Donald Drusch 2817 Pahl 2813 Pahl 2804 Pahl St-. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 • ?s i�S — SicGTLJ-1 1 � � - �b ,� � ��'S �__ -- RO�c � . _-------� -- ----. _..-----.._._ - � �.�. � .... ._..._... - __......._ . - � __..._ - . `I- �- _" �_ _�_T___..�__.__,__ _ ..... � AIL. I / �� Z� '/. � • V L .�._ __._�_-�. l �. ._.�_ _ � _.._._ _ _) I . /p^/� �/ ��✓ r • • -77 • • i r ��,e � i �/ - pia � '' - •- �" ;!. "f�r � ."�'�/! —r--1 ti • • I T 'VI�1�C• r^ '�1)0 l5 �R•� j - -TT'.At r—oR MC R �o,� rlEO�J j�Z�i+Q�if is (�R ain thon illa a APPROVAL = DATE November l7 T O Planning Commission Members FROM Sue VanderHeyden, Assistant to the City I TEM : SIGN VARIANCE REQUEST BY LANEL FINANCIAL FOR THE AUTUMN WOOD APARTMENTS, 2600 KENZIE TERRACE LaNel Financial has requested a sign variance to the St. Anthony City Sign Ordinance for an increase in the size allowed for directional signs. I The Sign Ordinance provides that directional signs having a surface area of not greater than 5 feet do not require a variance. In addition, the two signs must be ground hugging or provide berming and landscaping between the sign surface and the ground. The two proposed signs are 6 feet X 3". 5 feet for 21 square feet plus l- 3/4 square feet for the top circular logo portion for a total of 22-3/4 square feet. The attached drawing indicates the organization of the sign and the following two signs indicate where the directional signs are to be located. The signs are proposed to be made of a treated wood with the Autumn Woods logo and addresses routed. In addition, the signs will be painted so as to match the color scheme of the apartment buildings. The signs will also be located at least 5 feet from the street or curb as called for by the Sign Ordinance. Finally, the sign will be approximately 6 inches from the ground with the landscaping consisting of shrubs and flowers in front of the sign. The sign will still be within the 5 foot height limit set within the Sign Ordinance. The owners of Autumn Woods Apartments, the applicant of the sign variance, feel that the signs would be beneficial to the St. Anthony Police and Fire Departments in emergency situations. One call was received from a resident stating their feeling that the signs are too large. di • CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the City Council of the City of St. Anthony on Tuesday, November 21, 1989 at 7: 50 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner of the building) for the purpose: • Consideration of a sign variance request from LaNel Financial (Autumn Woods Apartments) , '2600 Kenzie Terrace. The request is to allow the two proposed directional signs to be 26 square feet each, which is more than that allowed by the City Ordinance (5 square feet each) . Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. Susan L. VanderHeyden Acting City Manager Publish: St. Anthony Bulletin . November 8, 1989 • S'16N Pr 2 sMT ---- Li � �C W 1. ........... _ RE /\JTn- L CENTC- P-11, 2 G OC% KC-rl Z RA(C- X _5 T,5gz 2612- 25 q0 C� ' 26 16 I 2G00 7-7 • � 1'VJ cli ex sc k v�F i 1 p�Ksa•l�t- Cur-& � 3 � %Clo am ��• � � I I 9 ,1, � �. I I � o �� ;i�•����``x;::11 n h�t '1 ' 'li,�i 111 � - �(, ��' 1' ;;•, .Oo ir�'L�' ' V V , '.A ' - -t = t �.•r ,,..--rs� rte" n � �'�+;1.;�' �rt.-?fin• 3'; 1 CITY OF ST. ANTHONY •2 CITY COUNCIL-MINUTES 3 September 26, 1989 4 The meeting was called to order at 7:30 P.M. with the Pledge of 5 Allegiance led by Councilmember Enrooth. An Executive Session with 6 Briggs and Morgan, attorneys representing the City in the water 7 contamination litigation, preceded the Council meeting. 8 ROLL CALL 9 Present: Marks, Ranallo, Sundland, Enrooth, and Makowske. 10 Also present: Sue VanderHeyden, Acting City Manager 11 William Soth, City Attorney 12 SEPTEMBER 12, 1989 COUNCIL MINUTES 13 Motion by Marks, seconded by Makowske to approve as submitted. 14 Motion carried unanimously. 15 LICENSES/PERMITS/PETITIONS 4R6 Motion by Marks, seconded by Ranallo to approve the following licenses: 17 Contractors 18 Conquest Construction Co. , New Brighton 19 M. Fitzgerald Construction, Inc. , Ham Lake 20 Zion Building Company, Independence, Missouri 21 Heating 22 Suburban Air Conditioning Co. , Blaine 23 Motor Vehicle Starting 24 Dick's St. Anthony 66 25 Motion carried unanimously. 26 CLAIMS 27 Motion by Marks, seconded by Ranallo to approve payment of all City 28 accounts payable for September 12th and liquor accounts payable for 29 August 31st and September 15th, as presented in the September 26th 30 Council agenda packet. Motion carried unanimously. ^ca 1 Motion by Marks, seconded by Makowske to approve payment of $940.00 to • 2 StayWell Health Management Systems for EAR services annually. 3 Motion carried unanimously. 4 Motion by Enrooth, seconded by Marks to approve payment of $19 .627.86 5 to the Metropolitan Waste Control Commission for October sewer services. 6 Motion carried unanimously. 7 Motion by Marks, seconded by Makowske to approve payment of $50 ,082.00 8 to Calgon Carbon Corporation for services on the temporary granular 9 activated carbon system and including a carbon change out. 10 Motion carried .unanimously. 11 Motion by Enrooth, seconded by Ranallo to approve payment of $31 .681. 25 12 to the Marquette Bank as payment due bondholders October 1, 1989 on the 13 St. Anthony General Obligation Sewer Revenue Bonds of 1988. 14 Motion carried unanimously. 15 Motion by Makowske, seconded by Marks to approve payment of $36,852. 19 16 to Hi-Ranger Midwest for an aerial unit. 17 Motion carried unanimously. 18 LEGISLATIVE UPDATE - STATE REPRESENTATIVE MARY JO MCGUIRE 19 District 63B Representative McGuire distributed copies of her September 20 25th response to a letter sent to the City by State Representative 21 Eileen Tompkins related to tax legislation which was later vetoed by the 22 Governor. Representative McGuire reiterated her defense of her own 23 votes, indicating she perceived the implications related to those votes 24 as well as the effect on St. Anthony's levy limit base had been 25 erroneous. 26 The Representative said she would be attending an early morning caucus 27 on the legislation which would be proposed during the Special 28 Legislative Session that week and would carry the City's concerns about 29 the effect of that legislation to that caucus. 30 Councilmember Ranallo had indicated his objections to the City being 31 forced to "use it or lose it" when it came to the levy limit base which 32 he perceived could lead to irresponsible use of tax revenues just 33 because they're available. 34 Councilmember Marks speculated that changes in the property taxes might 35 result in more regressive total state taxes for St. Anthony residents, 36 if tax rates on homes over $100,000.00 are raised. That "philosophical 37 concept" would also be presented for discussion during the caucus, . 38 Representative McGuire said. • 2 Ms. VanderHeyden questioned whether levy constraints would also be 2 imposed on school districts who were being given large increases in 3 state aid under the proposed legislation. Representative McGuire 4 speculated constraints would be provided through the requirement that 5 school districts could only hold levy referendums at election times. 6 In response to Council concerns that by the time local taxes are raised 7 under the new tax program, residents would not have realized that the 8 state was now shifting the responsibility to cities for both collecting 9 and spending tax revenues for their own local activities. Representative 10 McGuire said she perceived the state and cities would have to work 11 together to get the message out to the residents. The City's attempt 12 to explain the changes would appear in the next Newsletter, the Acting 13 City Manager said. 14 Councilmember Marks had discussed his desire to see the Dimler Amendment 15 repealed with Senator Marty when he visited the Council August 22nd, and 16 he reiterated his objections to the legislation to Representative 17 McGuire. The legislator said the bill had been passed before she took 18 office but agreed the legislature should probably take another look at 19 the amendment which she perceived had been written to prevent insurance 20 companies from raising rates unfairly to the number of speeders who are 21 tagged for going between 65 and 75 miles an hour on the freeways. 22 REPORTS 03 COUNCIL 24 Councilmember Makowske - Bus Transportation for Autumn Wood/Kenzington 25 The Councilmember estimated the number of seniors without automobiles 26 would be increasing tremendously with the opening of the Autumn Wood 27 Apartments in October and said she had heard from a good number of such 28 residents of the Kenzington, who also lacked transportation. She said 29 she thought the City should contact the MTC to see if better bus service 30 couldn't be provided for St. Anthony. Ms. VanderHeyden reported she had 31 done some preliminary research on service provided to other suburbs and 32 found the Regional Transit Board subsidizes a shuttle service between 33 Rosedale and Roseville and a part of Shoreview. 34 There was concurrence that the City would have to have firm figures to 35 support the claim that lack of adequate bus service is creating a real 36 problem for a large number of St. Anthony residents. The possibility 37 of pertinent questions being inserted in the proposed school district 38 survey was discussed. Councilmember Makowske indicated she would be 39 willing to work with staff on generating the necessary figures to 40 support requests to the MTC and RTB. 41 Councilmember Marks suggested the conversations with MTC should also 42 include discussions of provision of safer stops on Highway 88 during the • 3 I winter when the snow is piled so high there is little room for bus • 2 riders to stand after getting off the bus. 3 Councilmember Ranallo - Road Reconstruction Task Force 4 The Councilmember reiterated the recommendation he had made at the last 5 Council meeting that a community task force of perhaps seven members be 6 organized to review the condition of the City streets; decide whether 7 reconstruction is warranted at this time; and, if so, whether curbs and 8 sidewalks should be added to the project. An estimated of the costs of 9 the improvements as well as a recommendation of how they would be paid 10 for would be sought. A good geographical mix in the membership would 11 be essential and Councilmember Ranallo recommended a Council work 12 session with the volunteers be scheduled at which what is expected of 13 them can be clearly defined. Councilmember Makowske agreed that 14 sidewalks should be included in the report and said she also perceived 15 it behooved the City to look at construction of bike paths as well . 16 Councilmember Enrooth reported that the Acting City Manager and he would 17 be meeting October 4th with Ron Laliberte, School District #282, and 18 Kathy Knapp, Community Services Director , regarding their use of the 19 Parkview building. He indicated he anticipated discussions related to 20 continuing janitorial problems and some of the requests he was expecting 21 the Community Services Department to make of the City as landlord of the 22 Community Center. 23 Mayor Sundland reminded the Councilmembers that they were scheduled to • 24 ride on the City float in the Homecoming Parade from 1:00 P.M. to 3:00 25 P.M.. , October 6th. 26 Historical Society Meeting 27 Councilmember Makowske reported the St. Anthony Historical Society would 28 be holding its first annual meeting in the Community Center cafeteria 29 at 7:00 P.M. on October 16th. The Councilmember indicated the film 30 which was jointly produced by the City and the School District would 31 be shown at that meeting to which a number of community persons, 32 including the Mayor, are being invited. Following a short business 33 meeting, those in attendance will be able to view photos and other items 34 which the Society members have collected, she said. 35 ACTING CITY MANAGER 36 September 19, 1989 Staff Meeting Notes . 37 Ms. VanderHeyden said she would find out more about the "pursuit policy" 38 being presented for adoption by all seven metropolitan counties for all 39 their police departments including St. Anthony, as reported by Chief Don 40 Hickerson at the staff meeting. 41 Neighbor Notification Considered Necessary 4 • 101 The Acting City Manager reported a request from Dwayne Hodges who is 2 moving into the home at 2815 Coolidge Street to keep three large dogs 3 on his property where the' City Ordinance only allows two. She indicated 4 the back yard is fenced and the dogs are considered by their owner to 5 be "inside dogs" . It was agreed that the reaction of the neighbors 6 should be sought by staff letter before the request is considered by the 7 Council . 8 District #282 School Survey Approved 9 Ms. VanderHeyden reiterated that although the District #282 School Board 10 has approved the community survey, the company who will conduct the 11 survey has not been hired yet. 12 Hamer Thanked for Work on Wilshire Playground Project 13 The copy of the appreciation certificate in the agenda packet thanking 14 ' the City for "generous donation of labor" on the project was presented 15 to Mr. Hamer the previous week. 16 NEW BUSINESS 17 1988 Uncollectible Checks to -be Written Off 18 Motion by Ranallo, .seconded by Marks to approve the write off of 19 $2 , 355.81 in 1988 uncollectible checks, noting that this was the least �0 amount of checks which could not be collected by the City liquor stores i since 1982. It was also noted that the check cashing 'service was a very 22 profitable one for the City. 23 Motion carried unanimously. 24 *1990 Tax Levy and Budget Resolution Adopted 25 Resolution 89-025, certifying the proposed tax levy and 1990 City budget 26 in compliance with the Truth in Taxation Act was passed unanimously. 27 However in the interim the State Legislature has passed, a new tax bill 28 establishing a new date for certifying City budgets and for holding 29 public hearings. Therefore, Resolution 89-025 will not be in effect. 30 Parkview Building Repairs 31 The September 21st memorandum from the Public Works Director was the 32 basis for the following motion. Councilmember Enrooth commented that 33 the project Mr. Hamer was recommending was intended to just get the 34 building through the winter and would cost much less than repairing the 35 entire roof. 36 Motion by Ranallo, seconded by Marks to accept the lowest bid of 37 $4,250.00 from Air Conditioning Association, Inc. for a new roof top 5 1 air conditioning and heating unit over the Police Department and to seek • 2 quotes for the necessary repairs to the Parkview roof. 3 Motion carried -unanimously. 4 UNFINISHED BUSINESS 5 Ordinance Licensing Haulers of Garbage, Refuse, Recyclables and Yard 6 Wastes Adopted 7 Motion by Ranallo, seconded by Enrooth to approve the third reading and 8 adopt Ordinance 1989-001. 9 ORDINANCE 1989-001 10 AN ORDINANCE RELATING TO THE LICENSING OF HAULERS OF 11 GARBAGE, REFUSE, RECYCLABLES AND YARD WASTE; AMENDING 12 SECTIONS 530 AND 510, AND REPEALING SECTION 1000.15, 13 SUBD. 4, OF THE 1973 CODE OF ORDINANCES 14 Motion carried unanimously. 15 Evergreen Townhouses • 16 David Newman, Attorney for Nedegaard Construction Company, Inc. affirmed 17 that the construction company was assuming the role of developer on the 18 townhouse project from Evergreen Development. The attorney introduced 19 Bruce Nedegaard, President of Nedegaard Construction and announced that 20 )Torwest Bank would be purchasing the necessary notes for the project. 21 Mr. Soth reported the Redevelopment Agreement with the new developer 22 had been finalized with only a few exhibits to still be provided. He 23 reminded the Council that most of the other documents approving the 24 project had already gone through the required Planning Commission and 25 Council approval process with final execution awaiting the signing of 26 the Agreement. The City Attorney assured Councilmember Ranallo that as 27 long as, he had not signed a final purchase agreement with the developers 28 for a townhome unit, there should be no problem with his voting on the 29 actions necessary to approve the project. 30 Mr. Nedegaard confirmed that further soil borings had revealed no 31 further soil corrections than those already approved for tax increment 32 financing for which his bank had agreed to purchase the notes. He 33 indicated he anticipated breaking ground for the project the following 34 Friday. Vern Hoium, President of Evergreen Development, reported that 35 by not constructing basements under all the units closest to the 36 railroad tracks, the need for using Soo Line Railroad right-of-way had 37 been eliminated. • 6 01 Prospective unit purchasers, A. G. and Marie Rumpza along with several 2 other unidentified persons were present for the discussions. Mrs. 3 Rumpza indicated she and her husband had sold their home in St. Anthony 4 in anticipation of moving into one of these townhomes; moved to New 5 Brighton; and were looking forward to living in St. Anthony again. 6 The following actions could now be taken since a Redevelopment Agreement 7 for the project was ready for execution. 8 Zoning Change Ordinance 9 Motion by Marks, seconded by Enrooth to approve the third reading and 10 adopt the ordinance which amends the City Zoning Map to change the use 11 district for the project property from R-1 , single family residential 12 to R-3 , townhouse residential. 13 ORDINANCE 1988-005 14 AN ORDINANCE AMENDING THE CITY ZONING MAP 15 Motion carried unanimously. 16 Redevelopment Plan for Tax Increment Financing 17 Motion by Marks, seconded by Makowske to adopt Resolution 89-026, �8 approving the Redevelopment Plan and Tax Increment Plan for the 9 Evergreen . Townhome Project. 20 RESOLUTION 89-026 21 A RESOLUTION APPROVING REDEVELOPMENT 22 PLAN FOR REDEVELOPMENT PROJECT AREA NO. 2 , RAMSEY COUNTY 23 AND THE REDEVELOPMENT PROJECT TO BE UNDERTAKEN PURSUANT THERETO 24 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING 25 DISTRICT NO. 2, RAMSEY COUNTY, AND MAKING 26 FINDINGS WITH RESPECT THERETO 27 Motion carried unanimously. 28 Transfer of City Owned Parcel 29 Motion by Enrooth, seconded by Marks to adopt Resolution 89-027, 30 transferring -City owned land to the St. Anthony Housing Authority for 31 subsequent transfer to the developer for part of the Evergreen Townhome 32 Project.. 33 RESOLUTION 89-027 34 A RESOLUTION APPROVING THE TRANSFER OF LAND 35 FROM THE CITY OF ST. ANTHONY TO THE ST. ANTHONY • 7 1 HOUSING AND REDEVELOPMENT AUTHORITY AND • 2 AUTHORIZING THE MAYOR AND ,CITY CLERK TO SIGN A DEED 3 Motion carried unanimously. 4 Final Plat 5 Motion by Marks, seconded by Ranallo to approve the Final Plat for the 6 Evergreen Townhome Project which was included in the September 26, 1989 7 Council agenda packet. 8 Motion carried unanimously. 9 ADJOURNMENT 10 Motion by Makowske, seconded by Ranallo to adjourn the Council meeting 11 at 9:00 P.M. for the St. Anthony Housing and Redevelopment Authority 12 meeting which followed immediately. 13 Motion carried unanimously. 14 Respectfully submitted, 15 Helen Crowe, Secretary • 16 17 Mayor 18 ATTEST: 19 •City Clerk 20 21 • 8 i 1 CITY OF ST. ANTHONY 02 HOUSING AND REDEVELOPMENT AUTHORITY 3 MINUTES 4 September 26, 1989 5 The meeting was called to order by Chair Sundland at 9:01 P.M. 6 ROLL CALL 7 Present: Sundland, Marks, Ranallo, Enrooth, Makowske. 8 Also present: Sue VanderHeyden, Acting Executive Director 9 William Soth, H.R.A. Attorney 10 AUGUST 8, 1989 H.R.A. MINUTES it Motion by Ranallo, seconded by Makowske to approve as submitted, 12 Motion carried unanimously. 13 EVERGREEN TOWNHOMES 14 David Newman, Attorney for Nedegaard Construction Company, Inc. , who had �5 taken over as Developer of the Project from Evergreen Development, 6 reported he and Jerry Gilligan of the Dorsey & Whitney Law Firm had 17 agreed on several modifications in the Redevelopment Agreement in the 18 agenda packet. Interest on the Tax Increment Revenue Note would be 19 reduced from 12% to 10.1% and the Note would be written for no more than 20 $267,000.00. Mr. Soth confirmed that those changes had been made on the 21 signature copies of the Redevelopers Agreement proposed for execution 22 that evening. 23 Redevelopment Plan, Tax Increment Financing Plan 24 Motion by Ranallo, seconded by Enrooth to adopt H.R.A. Resolution 89- 25 006. 26 H.R.A. RESOLUTION 89-006 27 A RESOLUTION RELATING TO REDEVELOPMENT PLAN FOR 28 REDEVELOPMENT PROJECT AREA NO. 2, RAMSEY COUNTY, 29 AND THE REDEVELOPMENT PROJECT TO BE UNDERTAKEN 30 PURSUANT THERETO AND TAX INCREMENT FINANCING PLAN FOR TAX 31 INCREMENT FINANCING DISTRICT NO. 2, RAMSEY COUNTY; 32 APPROVING REDEVELOPMENT PLAN FOR REDEVELOPMENT 33 PROJECT AREA NO. 2, RAMSEY COUNTY, AND THE 34 REDEVELOPMENT PROJECT TO BE UNDERTAKEN THERETO, f" 35 TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT 36 FINANCING DISTRICT NO. 2, RAMSEY COUNTY, AND • 1 ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT • 2 NO. 2., RAMSEY COUNTY, AND REQUESTING 3 THE APPROVAL OF THE CITY COUNCIL 4 Motion carried unanimously. 5 Redevelopment Agreement 6 Mr. Newman promised that the schedules providing the legal description 7 of the .project property and improvements to the property as well as the 8 Timetable for Completion of the Project would be provided the next day. 9 He explained that the reason they weren't ready that evening was because 10 he and Mr. Nedegaard had just returned that afternoon from Charleston, 11 South Carolina where Mr. Nedegaard is also the developer of a 400 unit 12 housing development which was severely damaged by Hurricane Hugo. The 13 Attorney indicated, however, that the soil corrections on the project 14 would be commenced the following Friday and much of the work completed 15 this fall. He promised that the balance of the work would be completed 16 by June 1, 1990 and that the entire project would be -completed by 17 December 31, 1990. He also assured Councilmember Makowske that portions 18 of the project would be completed before December. 19 Mr. Nedegaard indicated the insurance and liability documents had been 20 sent to Norwest Bank and copies would be provided for the City as well 21 as the Declaration of Covenants and Restrictions for Exhibit B. 22 Motion by Marks, seconded by Makowske to authorize the execution of the • 23 Redevelopment Agreement with Nedegaard Construction Company, Inc. 24 subject to the inclusion of all necessary schedules and exhibits to be 25 reviewed by the H.R.A. Attorney. 26 Motion carried unanimously. 27 Indemnity Agreement 28 The H.R.A. Attorney indicated that the construction company which is the 29 developer and Mr Nedegaard, personally would indemnify the City and the 30 H.R.A. against any claims related to the Agreement. 31 Motion by Marks, seconded by Ranallo to approve execution of the 32 Indemnity Agreement with correct spelling of the City name. 33 Motion carried unanimously. 34 Tax Increment Revenue Note 35 Mr. Soth affirmed that the signature copies to be executed that evening 36 contained the amount of $267 ,000.00 to be held by Norwest Bank and paid 37 out for soil corrections as tax increments come in from the project. 38 The number of the Resolution was changed to 89-005. 39 Motion by Marks, seconded by Enrooth to adopt H.R.A. Resolution 89-005. • 2 •1 H.R.A. RESOLUTION 89-005 2 A RESOLUTION APPROVING THE TRANSFER OF LAND 3 FROM THE ST. ANTHONY HOUSING AND REDEVELOPMENT 4 AUTHORITY TO NEDEGAARD CONSTRUCTION COMPANY 5 Motion carried unanimously. 6 ADJOURNMENT 7 Motion by Marks, seconded by Enrooth to adjourn the St. Anthony Housing 8 and Redevelopment Authority meeting at 9:25 P.M. 9 Motion carried unanimously. 10 Respectfully submitted, 11 Helen Crowe, Secretary 12 _ • 13 • 3 r R CITY OF ST. ANTHONY COUNCIL MEETING • OCTOBER 10, 1988 1 The meeting was called to order at 7:30 p.m. with the Pledge of Allegiance 2 led by Mayor Sundland. 3 4 ROLL CALL 5 6 Present : Marks, Ranallo, Enrooth, Makowske, Sundland 7 Also present: William Soth, City Attorney 8 9 APPROVAL OF SEPTEMBER 26, 1989 COUNCIL MINUTES 10 11 Motion by Marks, second. by Enrooth to approve the September 26, 1989 Council 12 Meeting mi-nutes with the following corrections: 13 14 page 3, lines 24 & 26: The word "Woods" is plural 15 page .4, line 31 : The word "person" changed to "dignitaries" 16 page 4, line 32: Add to the end of the sentence the words, "to speak." 17 page 5, lines 27 through 29: This sentence should be in parenthesis as .18 this information was discussed after the meeting was adjourned rather than t9 during the meeting. 20 21 Motion carried unanimously 22 �3 APPROVAL OF LICENSES 24 �5 Motion by Enrooth, second by Marks to approve heating licenses for Blaine 26 Heating of Anoka, Minnesota and Comfort Mechanical , Inc. of Golden Valley, �7 Minnesota, and a rubbish removal license for BFI-St. Paul , of Inver Grove 28 Heights, Minnesota. 29 30 Motion carried unanimously 31 32 PRESENTATION OF CLAIMS 33 34 A. Verified 35 36 Motion by Marks, second by Ranallo to approve payment of the verified 37 claims of September 26, 1989 and September 30, 1989 as presented in the 38 October 10, 1989 Council agenda packet. 39 40 Motion carried unanimously 41 42 B. Zahl. Equipment Company 43 44 Motion by Makowske, second by Marks to approve payment of 51 ,:1"'.00 to 45 Zahl Equipment Company for installation charges for a Veeder Root and 46 Red Jacket Monitor System. 47 48 Motion carried unanimously 49 50 y October 10, 1989 Council Meeting page 2 • 1 C. Hance & LeVahn 2 3 Motion by Enrooth, second by Makowske to approve payment of $2 ,400.00 to 4 Hance & LeVahn for legal services rendered for October 1989 relative to 5 St. Anthony prosecutions. 6 Motion carried unanimously 7 8 D. Dorsey & Whitney 9 10 Motion by Marks, second by Enrooth to approve payment of $1 ,314.55 to Dorsey 11 g Whitney for legal services rendered August 1 , 1989 through August 31 , 1989• 12 13 Motion carried unanimously 14 15 PRESENTATION - NORTHWEST SUBURBAN YOUTH SERVICE BUREAU 16 17 Bob Matson, a member of the Board of Directors and a Roseville City Council - 18 member, introduced Kay Andrews, the Bureau' s Director. 19 20 Ms. Andrews briefly reviewed the history of the Bureau which was started in 21 1976. She noted that the City of St. Anthony has officially been affiliated 22 with the Bureau since 1983• 23 24 The Bureau supplies crisis counselling, addresses employment needs of young 25 adults and has support groups for youngsters and their families which are 26 focused on troubled teenagers and associated mental health problems. 27 28 Bob Matson stated he felt the Bureau is a very dynamic agency. He observed �9 that fundraising requests have not significantly changed although the budget 30 has increased nearly four times. Councilmember Makowske noted that some funding 31 comes from Hennepin and Ramsey- Counties. In the City of St. Anthony the Bureau 32 works directly with the Police Department and through the School District. 33 34 The Council had received a packet of information regarding the services of 35 the. Bureau, sources of funding and expenditures. Councilmember Enrooth indicated 36 how impressive and informative the packet was, especially in regards to specific 37 cases in St. Anthony by number of those helped. 38 39 Matson invited members of the Council to visit the Youth Service Bureau' s 40 - facility in Roseville and to meet the staff. 41 42 HOMECOMING WRAP-UP AND THANK YOU 43 44 Shelly Sentryz, Student Council Secretary., thanked the Council for partici- 45 pating in the recent Homecoming events. She also expressed appreciation for 46 the use of the float. It was noted there were two emergency medical calls and 48 the fire engine responded.. 49 50 October 10, 1989 Council Meeting page 3 • 1 REPORTS 2 A. Planning Commission Report .- .October 3, 1989 Meeting 3 4 John Madden, Chairperson of the' Planning Commission, presented the following 5 agenda items from the October 3rd Planning Commission Meeting: 6 8 1 . Holten, 2909 Rankin Road - Setback variance request 9 Motion by Marks, second by Makowske to grant an eight foot front yard setback 10 variance at 2909 Rankin Road , finding that the three questions asked in the 11 variance petition were answered affirmatively and satisfactorily and that no 12 one spoke against the request; that the variance apply only to this particular 13 lot based on its unique configuration; and that the house be placed upon the 14 lot as indicated in drawings submitted to the Planning Commission. 15 16 Bruce Holten , property owner at 2909 Rankin Road , advised the Council that 17 when the house is built it will . line up with the house to the north. 18 19 20 Councilmember Marks observed that this is a classic case of a hardship 21 situation. 22 Motion carried unanimously • 23 24 2. Yarr, 3104 Armour Terrace, Fence variance request 25 26 Chairman Madden advised the Council that this fence had been erected before �7 a permit was requested. During the fence construction Larry Hamer, Public 28 Works Director, had visited the- site on a number of occasions to advise the �9 property owners that the fence violated the height provision of the fence 30 ordinance. He also advised them of this by letter. It was noted that many 31 neighbors of the Yar-rs had indicated their opposition to the height of the 33 fence. 34 Motion by Marks, second by Ranallo to deny the variance request for seven .foot 35 fencing at 3104 Armour Terrace on the basis that no hardship nor extraordinary 3.6 . circumstances have been shown to exist which would justify a variance; and that 37 no one appeared to speak in favor of the variance request while many opposed 39 it. 40 Motion carried unanimously 41 42 43 3. Clark' s Submarine Sandwich, 2922 Pentagon Drive - Conditional use request/ 45 Sign variance. request 46 Chairman Madden. stated the conditional use permit. is for a restaurant which is 47 a permitted use in that location. Councilmember Ranallo observed that the requested 48 hours- of operation were from 10:00 a.m. to 2:00 a.m. . The City Attorney read that 49 section of the ordinance governing hours of operation noting the ordinance requires 50 ,i October 10, 1989 Council Meeting page 4 • 1 restaurants to close at 1 :00 a.m. 2 3 Councilmember Makowske felt this issue was one of policy, noting that St. 4 Anthony is primarily a quiet,. residential community. She felt an image 5 change would have to be considered and questioned if that was what the 6 Council really wanted to do. 7 8 Councilmember Ranallo recalled that this ordinance had been changed in 1982 9 from a 2:00 a.m. ' closing requirement to a: 1 :00 a.m. closing. This change 10 came about after residents had been surveyed and the majority responded they 11 favored a 1 :00 a.m. closing requirement based on their desire to eliminate 12 fast food restaurant traffic: 13 15 5 Councilmember Marks observed that the Council had been "sensitized" to this 1 issue many years ago. 17 The City Attorney suggested the ordinance could be amended and the three readings 18 of the ordinance could be waived to avoid further delay. Councilmember Ranallo 19 objected to the waiving of the readings, noting that the Council had agreed not 20 to waive readings many years ago. It was felt this would afford residents an 21 opportunity for imput. 22 23 Discussion continued regarding the location of the drive-thru window associated • 24 with Clark's Submarine Sandwich restaurant. It was the. consensus of the Council �5 that a drive-thru would ultimately make the corner of the building safer when 26 it is appropriately marked. As it presently is no pedestrian safety precautions 28 are in place. 29 Motion by Marks, second by Enrooth to direct the City Attorney to prepare proper 30 notices be made for public hearings and an ordinance prepared for an ordinance 31 change for restaurants to be open until 2:00 a.m.-. 32 33 Roll Call : Marks, Enrooth, Makowske, Sundland - aye 34 Ranallo - nay 35 36. The first reading of the ordinance and its public hearing will be on October 37 24, 1'989. 38 39 The Council reviewed the site plan for Clark's Submarine Sandwich Restaurant 40 and the proposed si'gnage. Clark Armstead, owner of Clark's, advised that the 41 42 sign variance request is for the proposed signage on the side of the building 43 to identify the drive-thru. The proposed menu board is not included in this 44 request and the proposed signage for the front of the building conforms to 45 the sign ordinance. 46 Chairman Madderi stated that the Planning Commission had.den.ied the variance 47 for the side sign but only on the basis- of the non-conforming lettering. It 48 was the intention of the Planning Commission to request the City Council • 49 to seek a compromise. 50 October 10, 1989 Council Meeting • page 5 1 The City. Attorney felt the variance for this sign on the drive-thru side 2 of the building could be granted on a hardship basis, that is; need for 4 identification as a drive-thru. 5 Councilman Enrooth observed the Council could not act on the sign variance until it acted on the conditional use permit as recommended by the Planning 7 Commission. 8 Motion by Enrooth, second by Marks to approve the conditional use permit as 9 recommended by the Planning Commission with one change, that the hours of 10 operation will be from 10:00 A.M. to 2:00 A.M. rather than from 10:00 A.M. 11 to 1:00 A.M. 12 13 Roll call : Marks, Enrooth, Makowske, Sundland - aye 14 Ranallo - nay 15 Motion by Makowske, second by Marks to grant a variance of 29 feet to allow 15 changes necessary to have signage of 21 feet by 8 feet on the side of the 17 canopy at Clark's Submarine Sandwich drive-thru to indicate the product and 18 the fact that it is a drive-thru'for that product. 19 Roll call : Marks, Enrooth, Makowske, Sundland - aye 20 Ranallo - nay 21 Public hearings regarding hours of operation will be held on October 24th, 22 November 14th and November 28th. • 23 24 25 Councilmember Makowske welcomed Clark' s to the community. 26 B. Council Reports 27 28 Councilmember Enrooth had met with the School Board and the Recreation Depart- 30 ment. He noted that both bodies has serious questions regarding the use of 30 the building and the responsibilities of the City as landlords. He felt this 31 32 issue must be addressed by the Council in the near future. 33 Councilmember Marks referred the Council to the most recent edition of the 34 League of Minnesota Cities' Bulletin. It contains 'an article regarding smoke 35 detector testing, citing the St. Anthony Fire Department as an example in 36 the article. 37 38 Councilmember Makowske received a letter regarding bus transportation to 39 service the needs of Autumn Woods residents and the procurement of bus 40 schedules. She 'also received more complaints of barking dogs. She recog- 41 n_ized that neighbors are hesitant to complain and the nuisance dog ordinance 42 is difficult to administer, but requested the Police Department to aggressively 44 pursue this matter. 46 C. Departments and Committees 47 1 . Two reports were received from Hance .& LeVahn regarding various matters • 48 conducted by the firm at the Hennepin County District Court up to and 49 including September 6, 1989. Councilmember Marks observed some matters 50 Awl October 10, 1989 Council Meeting page 6 • 1 in the report involvi.ng 2.0 blood alcohol . 2 3 2. Fire Department Manthly'Report - September 1989 4 The report was received and placed on file. 5 6 3. Liquor Monthly .Sales Summary - September 1989 7 The sales summary was received and placed on file. 8 9 D. Acting City Manager Report 10 11 The Acting City Manager was not in attendance. 12 13 1 . Staff Meeting Notes: Councilmember Makowske noted she is concerned 14 with the fact that the City of St. Anthony will lose approximately 15 $300,000 in Local Government Aid. Other members of the Council 16 shared her concern. 17 18 2. St. Anthony Police "Pursuit" Policy: Members of the Council found 19 the policy interesting. 20 21 3. Residents Request for-. Improvements to Emerald Park: At a previous Council 22 meeting, Councilmember Ranallo had indicated a need for the establishment 23 of a Park Committee whose charge would be to view all park needs and • 24 prioritize improvements. To date, the City Council has responded to 25 park projects on a request basis. It was felt that the formation of a 26 Park Committee would better serve park improvement purposes. 27 28 Staff was requested to forward information to the signers of the letter �9 requesting playground equipment at Emerald Park soliciting . interest in 30 serving on the Park Committee. 31 32 4. Reconstruction of Silver Lake Road: This proposed reconstruction will be 33r on Silver Lake Road between 694 and Silver Lane. The Acting .City Manager 34 will send a memo to all Councilmembers regarding this matter. 35 36 PUBLIC HEARINGS 37 38 There were no public hearings. 39' 40 NEW BUSINESS 41 42 A. Proposed Election Judge List 43 44 Motion by Ranallo, second by Enrooth to approve- the election judge list as 45 submitted by the City Clerk in a memo dated October 3, 1989• 46 47 Motion carried unanimously 48 • 49 50 J 1 October 10, 1989 Council Meeting page 7 1 UNFINISHED BUSINESS 2 There was no unfinished business. 3 4 ADJOURNMENT .5 6 Motion by Ranallo, second by Marks to adjourn the meeting at 10: 10, p.m. 7 8 Motion carried unanimously 9 10 11 12 13 Respectfully submitted, 14 15 16 J -Anne Student of 17 ouncil 18 Secretary 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34' 35 36 37 38 39 40 41 42 43 44 45 46 47 • 48 49 50 CITY OF ST. ANTHONY HOUSING AND REDEVELOPMENT AUTHORITY MEETING OF OCTOBER 10, 1989 Mayor Sundland called the Housing and Redevelopment Authority Meeting to order 1 at 10: 10 p.m. . 2 3 ROLL CALL 4 5 Marks, Ranallo, Enrooth, Makowske, Sundland - present 6 7 APPROVAL OF SEPTEMBER 26, 1989 HRA MINUTES 8 9 Motion by Rana] lo, second by Marks to approve the September 26, 1989 minutes 10 of the HRA as submitted. 11 12 Motion carried unanimously. 13 14 CLAIMS 15 16 A. Dorsey & Whitney 17 Motion by Marks, second by Enrooth to approve payment of $654.50 to 18 Dorsey & Whitney for legal services rendered from August 1 , 1989 19 through August 31 , 1989 to the HRA. 20 .21 Motion carried unanimously 22 B. Munn Blacktop, Inc. • 23 Motion by Makowske, second by Enrooth to approve payment of $10,000 24 to Munn Blacktop, Inc. �5 Motion carried .unanimously 26 27 28 AUTUMN WOODS PROJECT - RESIDENT COMMENTS 29 30 Dennis Cavanaugh, a St. Anthony resident, stated he had been observing the 31 Autumn Woods project- as it is being constructed. He stated that there are 32 some parts of the project that appear to be poorly and carelessly constructed , 33 and he noted that inferior quality materials are in evidence. 34 35 Cavanaugh questioned -if this project, during the construction process, had 36 been inspected as he found -any accountability to standards being met very 37 elusive. He noted this development is located in the same area as two other 38 developments which are quality built and virtually maintenance free. 39 40 Councilmember Makowske advised she had visited two other projects built by 41 the developer of Autumn Woods and they appeared to be well managed. 42 43 Cavanaugh again stated his concerns regarding construction quality and long 44 term maintenance. He was advised to contact the City's Public Works Director 45 regarding an on-site viewing of the development. Members of the Council noted 46 they will follow up on his concerns also. 47 48 49 50 I i October 10, 1989 HRA Meeting page 2 TREE REPLACEMENT b PLANTING 2 3 Councilmember Makowske advised that the tree replacement and planting 4 program has been interrupted due to lack of manpower. It will resume 5 in the spring. 6 7 ADJOURNMENT 8 9 Motion by Ranallo, second by Enrooth to adjourn the meeting at 10:25 p.m. . 10 11 . Motion carried unanimously 12 13 14 15 16 -17 18 ReZspectfu.11y submitted, 19 20 � 1 21 JI-Anne Student 22 Council Secretary • 23 ;✓ 24 25 26 27 28 29 30 31 32 33 34 35 . 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CITY OF ST. ANTHONY OCTOBER 24, 1989 COUNCIL MEETING • 1 The meeting was called to order at 7 :30 p.m. with the Pledge of Allegiance 2 led by Council President Ranallo. 3 4 ROLL CALL 5 6 Present : Marks, Ranallo, Enrooth, Makowske Absent : Sundland 7 Also present : Acting City Manager Vanderheyden 8 City Attorney Bill Soth 9 Ranallo advised that Mayor Sundland is ill . 10 11 APPROVAL OF MINUTES 12 Motion by Marks, second by Enrooth to approve the minutes of the July 13 , 13 1989 Special Session of the City Council , the July 20, 1989 Special Session 14 of the City Council , the October 10, 1989 Special Session of the City 15 Council , and the October 10, 1989 City Council Meeting with the following 16 corrections: 17 18 page 3, line 20: add to the sentence; in that the shape of the lot was 19 unusual 20 page 1 , line 18; delete the word "was" and replace with the words "became 21 available" 22 page 2 , line 48; add at the end of the sentence "during the Homecoming 23 parade." • 24 page 3 , line 17; add at the end of the sentence "but not with the existing 25 homes in the block." 26 page 5, lines 10/11 ; should read "operation will be changed to 10:00 a.m. 27 to 2 :00 a.m. rather than from 10:00 a .m. to 1 :00 a.m. " 28 page 5, line 30; change the word "has" to "had" 29 page 6, line 1 ; should read "in the report involving .20 blood alcohol 30 and higher." 31 page 6, line 11 ; add "due to the poor health of her father." 32 33 Motion carried unanimously 34 35 APPROVAL OF LICENSES 36 37 Motion by Marks, second by Enrooth to approve the contractors licenses for 38 Edgework Builders , Inc. of Minneapolis and for Standard Water Control Systems, 39 Inc. of Crystal ; the heating licenses for Apollo Heating and Ventilating 40 Corporation of Oakdale and for Rapid Heating & A/C Inc. ; and the motor vehicle 41.. starting licenses for J & S Automotive DBA: Apache Mobil and Sroga's Auto- 42 motive. 43 44 Motion carried unanimously 45 46 PRESENTATION OF CLAIMS 47 48 A. Verified • 49 50 Motion by Marks, second by Ranallo to approve payment of the verified op A October 24, 1989 Council Meeting page 2 • 1 claims of September 30, 1989 through October 12 , 1989 Liquor Accounts 2 Payable and the October 10, 1989 Accounts Payable. 3 4 Motion carried unanimously .5 6 B. Hayden-Murphy Equipment Company 7 8 Motion by Makowske, second by Enrooth to approve payment of $15,290.00 to 9 Hayden-Murphy Equipment Company for a Simco Drill Unit and a hydralic 10 slide base. 11 12 Motion carried unanimously .13 14 C. Motion by Marks, second by Makowske to approve payment of $3,240.00 to 15 Calgon Carbon Corporation for a temporary granular activated carbon 16 system. 17 18 Motion carried unanimously 19 20 D. Rieke Carroll Muller 21 22 Motion by Marks, second by Ranallo to approve payment of $438.38 to 23 Rieke Carroll Muller Associates, Inc. for professional services from • 24 August 27, 1989 to September 30, 1989• 25 Motion carried unanimously 26 27 E. Metropolitan Waste Control Commission 28 29 Motion by Enrooth, second by Makowske to approve payment of $19,627.86 30 to the Metropolitan Waste Control Commission for sewer service charges. 31 32 Motion carried unanimously 33 34 F. Duane Grace 35 36 Motion by Ranallo, second by Makowske to approve payment of $5,299.50 to 37 Duane Grace for inspection fees and plan review of Autumn Woods. 38 39 Motion carried unanimously 40 41 G. Business Records Corporation 42 43 Motion by Marks, second by Makowske to approve payment of $1 , 162.08 to 44 Business Records Corporation for election ballots. 45 46 Motion carried unanimously 47 48 H. Springsted, Inc. • 4y 50 Motion by Makowske, second. by Enrooth to approve paynent of $3,425.35 October 24, 1989 Council Meeting page 3 • 1 to Springsted, Inc. for financial advisory services performed from 2 August 15, 1989 through September 15, 1989• 3 4 Motion carried unanimously 5 6 REPORTS 7 8 A. Council 9 10 Makowske reported she had attended a meeting of the Ramsey County League 11 of Local Government where pathways and bikeways were discussed. Appropriate 12 markings for these areas .was an agenda item. 13 14 Enrooth and Marks had nothing to report at this time. 15 16 Ranallo referred the councilmembers to an invitation received from the 17 City of Anoka to participate in the Halloween Parade on Saturday, October 18 28th. 19 20 Ranallo also reported on the most recent meeting of the Village Fest 21 Committee. The dates chosen for the 1990 Village Fest are July 20, 22 21 and 22.- He indicated that the Thoresons have expressed a willingness • 23 to chair the Village Fest Celebration for 1990. The second Monday of each 24 month has been selected for the committee' s monthly meetings. They will 25 commence at 7:00 and the location will be determined. Using the Council 26 Chambers had been suggested. The City Attorney is presently putting to- 27 gether the by-laws for the committee. 28 29 Ranallo advised the councilmembers that standard meeting dates should be 30 discussed for Council work sessions. The second Tuesday of each month was 31 selected with a starting time at 7:00 p.m. . An exception to this starting 32 time will be made on Tuesday, November 7th as this is Election Day. The 33 starting time on November 7th will be 8:00 p.m. . 34 35 Approval of Hiring of New City Manager 36 37 Motion by Marks, second by Makowske to hire Thomas Burt as the St. Anthony 38 City Manager effective November 13, 1989. Mr. Burt is presently the 39 Assistant City Manager in the City of Brooklyn Park. 40 _ 41 Ranallo stated that members of the Council had been the Search Committee 42 for the City Manager. He noted that this had taken longer than if a 43 search firm had been employed but had saved the City approximately 44 $20,000. He also noted that the St. Paul paper had prematurely written 45 about the hiring of this particular person and had actually reported it 46 before Council approval had been given. 47 • 48 Marks felt that the single most important decision the Council makes is 49 that of hiring a City Manager. 50 October 24, 1989 Council Meeting page 4 • I 1 Proclamation - Pornography Pollution Awareness Week 2 3 Motion by Marks, second by Makowske to approve the proclamation regarding 4 Pronography Pollution Awareness Week, October 29 through November 5, 1989 5 6 Motion carried unanimously 7 8 B. Departments and Committees 9 10 There were no department or committee reports 11 12 C. Acting City Manager 13 14 The Acting City Manager provided a summary report on the Silver Lake 15 Road Reconstruction Project. She advised that this project is being 16 done primarily for safety reasons. There has been a fatality in this 17 area and pedestrians have been requesting some safeguards on this road 18 since the 1970' s. 19 20 The Acting City Manager advised the Council that bids have been received 21 for a permanent filtration plant . On November 17th there will be an infor- 22 mational meeting regarding this project for general contractors and sub- �3 contractors. • 24 25 NEW BUS 114ESS 26 27 A. Approval of Bids for Repairs to Well #3 28 29 Motion by Marks, second by Makowske to award the bid for the repair 30 of Well #3 to Rieke Carroll Muller and Associates in the amount of 31 $3,600.00. Marks inquired if this bid is just for engineering work and 32 was advised by the Public Works Director that it was. The Public Works 33 Director also noted that the associated costs may not be that high 34 but this was a "not to exceed" figure. 35 36 Motion carried unanimously 37 38 B. Award of Recycling Container Bid 39 40 The Acting City Manager distributed copies of the new bids and she 41 explained the changes. She advised that the bins will all be blue in 42 color and will have the "St. Anthony" logo on them. The City will receive 43 $5.00 per household for bins from Hennepin County. She is negotiating with 44 45 Ramsey County regarding funds available for reimbursement to the City. The 46 remaining costs will come from the City's Beautification Fund. The original 47 bid included containers for apartments. Apartments should not have been in- 48 cluded in the bid. The City Attorney advised that there was no need to rebid • 49 this project. 50 Motion by Enrooth, second by Marks to award the bid for recycling containers October 24 , 1989 Council Meeting page 5 • 1 for the City of St. Anthony to Rehrig Pacific in the amount of $19,240.00 2 3 Motion carried unanimously 5 C. Proposed Alley Closing - Silver Lake Road and Coolidge 6 7 The Public Works Director supported making this alley one-way travelling 8 east for approximately 125 feet rather than closing off the alley alto- 9 gether. He reviewed with the Council the survey results from affected 10 property owners adjacent to this alleyway. Enrooth felt closing off the 11 alleyway entirely would cause more problems and just solve one. Makowske 12 inquired if there had been any accidents in this alleyway. She was advised 13 there had been none. 14 15 The original request regarding this alleyway was to close the alleyway 16 to prohibit its use by vehicles on Silver Lake Road. It was felt by 17 the property owner making the request that this alley was utilized by 18 motorists when there was conoestion on Silver Lake Road. 19 20 Motion by Enrooth, second by Marks, to make the alleyway between Silver 21 Lake Road and Coolidge Street one-way travelling -east for approximately 22 125 feet and to install two signs, one "no left turn" and one "one way." • 23 24 Motion carried unanimously 25 26 PUBLIC HEAR 1 14G 27 28 The public hearing regarding Ordinance No. 1989-002 was opened by Mayor Pro Tem �9 Ranallo at 8:01 P.M. 30 31 This hearing is to hold the first reading of Ordinance No. 1989-002 which 32 addresses hours of operation for restaurants and drive through restaurants. 33 34 Mayor pro Tem Ranallo read the notice of the public hearing which appeared in the 35 October 18, 1989 issue of the St. Anthony "Bulletin. 36 37 Ranallo gave the history of the proceedings at the previous Council meeting 38 when -this issue had been discussed. He noted that the St. Paul paper had in- 39 correctly reported that the ordinance had passed. Ranallo had voted against 40 . the motion. 42 Joe DiSanto, representative of the company who manages the St. Anthony Shopping 43 44 Center, advised the Council he had been unaware of the ordinance requirement which prohibited restaurants remaining open later than 1 :00 a.m. . He noted that 46 his prospective tenant, Clark's Submarine Sandwiches, had traditional hours of 47 operation in all of its restaurants until 2:00 a.m. . 48 Clark Armstead, owner of Clark's Submarine Sandwich, being allowed to remain 49 open until 2:00 a.m. was critical to this operation 's success or failure. 50 October 24, 1989 Council Meeting page 6 1 The Acting City Manager distributed a copy of the existing closing hours 2 of. operation for restaurants/drive-throughs in the. City to the Council . 3 Ranallo stated his opposition to an ordinance change. He felt St. Anthony 4 is a "bedroom" community and the additional traffic this type of operation 5 would have late into the morning would be a disturbance. Mayor Pro.Tem 6 Ranallo also stated that he had talked to a number of residents, one of 7 whom wished the Shopping Center closed at 10:00 P.M. None of the residents 8 talked to wanted the hours to be extended. Makowske observed the Council 9 is being asked to make a policy change. She has given this request con- 10 siderable thought since the last Council meeting and is of the opinion that 11 the residents prefer the "bedroom" community position. She supports the 12 13 ordinance remaining as it is. 14 15 Marks was of the opinion that other restaurants in the community would not 16 change their hours of operation. He referred to letters he received about 17 this issue and noted that only one addressed traffic. 18 19 Enrooth noted he had not been contacted regarding this issue but referred 20 to the letters received from business people in the St. Anthony Shopping 21 Center. He observed that one of them is going out of business and the other 22 expressed an interest in staying in the Center but the costs were prohibitive. 23 ,24 DiSanto advised the Council he-had personally contacted the business people • 25 mentioned, noting that they had month-to-month leases. He wanted them to commit 26 to long term leases. He felt they were not being forced out of the Center. 27 28 Ranallo felt DiSanto at the previous Council meeting was telling the- Council 29 how to run the 'City. DiSanto inquired if the rest of the Council shared Ranallo' s 30 opinion and if they did he would make a public apology as it was not his intention 31 to tell the Council how the City should operate. No one on the Council verbally 32 concurred with Ranallo and DISanto did not maize an apology. DiSanto observed 33 that no one spoke against the ordinance change at this meeting nor at the Planning 34 Commission meeting. 36 Ranallo noted he had discussed this issue and other agenda items with the Mayor 37 during a telephone conversation. 38 39 Ranallo felt the Council was addressing two issues: a change to the City - 40 Ordinance concerning the hours of operation of restaurants and drive- 41 throughs and the management company's business with the St. Anthony 42 Shopping Center's existing tenants, which are not related issues. 43 44 Motion by Enrooth, second by Marks to close the hearing at 8:25 p.m. . ` 45 46 Motion carried unanimously 47 48 Marks observed that no one came to speak against this ordinance nor did anyone 49 call City Hall regarding the ordinance: He doesn't feel the later hour for • 50 closing this restaurant will change the nature of the community. Motion by Marks, second by Enrooth to approve the first reading ,of Ordinance No. 1989-002. Roll call : Marks, Enrooth - aye- Ranallo, Makowske - nay i. October 24 , 1989 Council Meeting page 7 1 Motion fails for lack of a majority. 2 3 The City Attorney stated that this issue can be proposed for Council 4 considerat_ion_ - again in the future. 5 6 UNFINISHED BUSINESS 7 8 META Parking Lot Proposed for 2701 Kenzie Terrace 9 10 Daniel Tyson, legal counsel for META Operating Limited Partnership (META) , 11 appeared before the Council to request a twelve month extension to a variance 12 granted by the Council on July 26, 1989. This variance was granted subject 13 to a three month review. Tyson advised the Council that at this point in 14 time, there has been no pro gress. in the development of the parking lot. 15 He noted the delay was primarily due to the discovery of possible contami- 16 nation of the ground water and subsequent involvement of the Minnesota 17 Pollution Control Agency (MPCA) . Tyson also stated the continuation of the 18 variance is also being requested to address resident needs and whether an 19 asphalt surface would meet remediation requirements. 20 7 21 Ms. Jeanne Krajna, spokesperson for occupant/owners at Kenzington, stated 22 their objection to the use of Kenzington Homeowners As.sociation funds to 23 provide parking on a lot which would not be their lot and whose future • 24 ownership and availability is uncertain. She noted that initially residents 25 were promised ample parking to suit resident needs. It was observed that 26 the majority of the units at Kenzington are leased from META and not owned. 27 When the project first came before the Council it was envisioned that most , 28 if not all , of the units would be -purchased rather than leased. In the 29 ensuing months the condo market became soft and the majority of the units 30 were leased. 31 32 Ms. Krajna stated property for the proposed parking lot could be sold next 33 year and the residents would again be in need of parking spaces. 34 35 Tyson said the primary purpose of this lot was for overflow parking and 36 that no'one at META has really looked at the request for a permanently- 37 improved parking lot. 38 39 Marks observed that Kenzington residents are requesting the City to act 40 as a negotiator with META. He feels a long term solution would be for the 41 Kenzington complex to have a majority of its residents be owners not leasees. . 42 43 Enrooth felt META would also have preferred to have had all of the condos 44 purchased and not leased. He was of the opinion that the resident owners 45 have lost faith in META and that the salespeople are not putting much genuine 46 effort into selling the condos. 47 48 Ranallo said that while the Council is truly interested in residents opinions 49 and would like to see this situation resolved, it is a problem between the 50 Homeowners Association and META. He noted that parking on the property behind October 24, 1989 - Council Meeting page 8 • 1 the Kenzington would not require a variance and would accommodate twelve- 2 parking spaces. 3 4 The City Attorney advised that this situation is not really something the 5 City can do anything about. He said that if residents feel it is not 6 proper for META to be spending Association money on its own property, 7 the issue must be taken up with META. 8 9 Tyson stated that the Kenzington Board of Directors approved $6,000 to be 10 used to develop a parking lot. It was decided that no rent would be charged 11 for using this lot and it would be available for use for one year. Tyson 12 prefers not to withdraw the. request for an extension of the variance. 13 He advised that META has a meeting scheduled in December where this issue 14 will be addressed. 15 16 Motion by Enrooth, second by Marks to table this matter. 17 18 Motion carried unanimously 19 20 John Zahhos, 2808 Silver Lake Road , addressed the .action taken earlier in 21 the meeting by the Council regarding the alley between Coolidge Street and 22 Silver- Lake Road. He was supportive of closing the alley. He felt there was 23 no clear mandate for action from the survey circulated to affected property • 24 owners. He expressed his gratitude to the Public Works Director for prompt 25 attention to this matter and to the Council for the action taken. 26 27 The Acting City Manager advised the Council that presently there are no 28 containers available for recycling in apartment buildings. She will pursue 29 this matter with Gallagher Haulers. Enrooth requested the Acting City Manager 30 to pursue with the hauler what materials will be taken and bring this infor- 31 mation back to the Council . 32 33 It was noted that presently cardboard and glass is being picked up and a pro- 34 gram for recycling plastic is being developed. 35 36 ADJOURNMENT 37 38 Motion by Marks, second by Enrooth to adjourn the meeting at 9: 15 p.m. 39 40 Motion carried unanimously 41 42 43 44 Respectfully submitted,. 45 46 47 Jb-Anne Student — 48 /Council Secretary 49 3 50