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HomeMy WebLinkAboutPL PACKET 11161993 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 101434 BOX: 20 Folder: PL PACKETS 1993 Document: PL PACKET 11161993 CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA November 16, 1993 7:00 P.M. City Council Chambers I. CALL TO ORDER. II. ROLL CALL. III. APPROVAL OF OCTOBER 19, 1993 PLANNING COMMISSION MINUTES. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO CITY COUNCIL'S DECEMBER 13, 1993 MEETING. V. PUBLIC HEARINGS. A. Goodyear Auto Service Center, 4020 Silver Lake Road; sign variance request. VI. MISCELLANEOUS. A. Cadwallader's Realty World, 3800 Apache Lane; sign variance request. B. Review Ground Sign Ordinance. VII. ADJOURNMENT. 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING 4 5 OCTOBER 19, 1993 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The Meeting was called to order at 7 : 00 p.m. and the Pledge of 11 Allegiance was led by Chair Faust . 12 13 2 . ROLL CALL 14 15 Commissioners Present : Bergstrom, Thompson , Franzese, 16 Gondorchin, Madden and Faust 17 18 Staff Present : City Manager Burt 19 20 3 . APPROVAL OF SEPTEMBER 21 , 1993 MINUTES 21 22 Motion by Madden, second by Franzese to approve the minutes of 23 the September 21 , 1993 Planning Commission Meeting with the 24 following correction: 25 26 page 7 , line 1 : Correct the word "appoint" to "elect" Commissioner Franzese inquired if the fourth paragraph on page 29 4 had any errors . She felt the reference to the housing 30 maintenance code may be incorrect . 31 32 The City Manager noted that the issue in question was 33 regarding a driveway surface. This would be addressed in the 34 building code and not in the housing maintenance code 35 36 Motion carried unanimously 37 38 39 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO THE NOVEMBER 9, .4.0 1.99-3. CITY COUNCIL MEETING, 41 . . 42 Commissioner Madden will attend. the November 9, 1993 City 43 Council Meeting representing the Planning Commissi-on . 45 5. PUBLIC HEARINGS 4.6 47 Chair Faust noted that it is too early to open the public 48 hearings as they were advertised for a later time. He 49 requested staff to initiate discussion on some of the items 50 under MISCELLANEOUS. 1 PLANNING COMMISSION MEETING 2 OCTOBER 19,. 1993 • 3 PAGE 2 4 5 6 Item A in the Miscellaneous category has been withdrawn by the 7 petitioner . This was an application for a garage setback 8 permit from Scott Barton, 3515 Harding Street Northeast . 9 10 It had been referred back to the Planning Commission by the 11 City Council as Mr . Barton had changed his plans since they 12 were first viewed by the Planning Commission . 13 14 The City Manager advised that Mr. Barton now intends to keep 15 his, garage detached and move it to another location on his 16 property. A public hearing will be required for the relocating 17 of an accessory building. 18 19 Newly Hired Management Assistant 20 21 The City Manager introduced Sarah Bellefuelle, the newly hired 22 Management Assistant . She will commence her duties on November - .23 lst . Sarah is presently employed by the City of Roseville. 24 25 Public Hearings 26 27 A. Application for Conditional Use Permit - Jane Olin, owner • 28 "The Hair Solution" , 2906 Pentagon Drive 29 30 The hearing was opened by Chair Faust at 7 : 05 p.m. who read 31 the notice of public hearing which was published in the 32 October 6 , 1993 edition of the Bulletin . 33 34 The City Manager explained the request of Ms . Olin. She also 35 stated that she feels massage would be beneficial for clients 36 and that her present business reflects a reputable setting 37 which would be acceptable to families . 38 39 The City Manager noted_ this request and the recommendations of 40 staff are similar to those involving a previous request from 41 the TAN ME salon in Apache Plaza Shopping Center. 42 43 Noting this business is located in the St . Anthony Shopping 44 Center, Commissioner Madden inquired what the hours of 45 operation would be. 46 47 The City Manager responded that staff has recommended the same 48 hours as the TAN ME salon which are different than those of 49 the St . Anthony Shopping Center. 50 I PLANNING COMMISSION MEETING OCTOBER 19 , 1993 PAGE 3 4 5 6 Ms . Olin stated the hours she would prefer which would be less 7 than those presently observed at the St.. Anthony Shopping 8 Center . 9 10 Commissioner Franzese inquired if all of the conditions for 11 operating this type of business had been thoroughly explained 12 to Ms . Olin . 13 14 Ms . Olin replied she had received the City' s Code of Ethics 15 and the staff recommended conditions have been reviewed with 16 her. She is hiring the services of a licensed massage 17 therapist and there will be separate private rooms for this 18 service .in keeping with the family nature of the business . 19 20 Discussion continued regarding the hours of operation which 21 could be approved and be acceptable to Ms . Olin . 22 23 The public hearing was closed at 7 : 11 p.m. 24 25 Motion by Madden, second by Franzese to recommend to the 26 Council approval of a conditional use permit to operate a therapeutic massage serv.ice to Ms . Jane Olin for use at 2906 46 Pentagon Drive in fhe St. Anthony Shopping Center with the 29 following conditions : 30 31 1 . The massage therapy being restricted to therapeutic 32 massage .and approved hours of operation as follows : Monday 33 through Friday 9: 00 a .m. to 9 : 00 p.m. ; Saturday 9: 00 a .m. to 34 4 : 00 p.m. and closed. on Sunday. 35 36 2 . The permit will automatically be revoked if there is any 37 violation of applicable City or State statutes related to 38 criminal sexual conduct by any person associated with the 39 operation. 40 41 3 . The massage therapy offered must comply with the Code of 42 Ethics and definiti-on of massage therapy established by the 43 Association of Body-Work Professionals and/or the American 44 Massage Therapy Association-. 45 46 4 . The massage personnel must have graduated from a State of 47 Minnesota certified professional program with a minimum of 100 48 hour training; 49 50 • I PLANNING COMMISSION MEETING 2 OCTOBER 19, 1993 • 3 PAGE 4 4 5 also, no one appeared to speak against this request and there 6 had already been a similar request approved. 7 8 Motion carried unanimously 9 10 11 B. Application for a Conditional Use Permit , Richard B. 12 Freiberg, owner, Dick ' s St . Anthony "66" , 2700 Kenzie Terrace 13 C. Petition for a Setback Variance, Richard B. Freiberg, 14 owner, Dick ' s St . Anthony "66" , 2700 Kenzie Terrace 15 16 Mr. Freiberg agreed to have these two issues heard 17 simultaneously. 18 19 The Public Hearings were opened at 7 : 15 p.m. by Chair Faust . 20 ' 21 He read the notice of public hearings for both of these items 22 which appeared in the October 9, 1993 edition of the Bulletin . 23. 24 25 The proposed addition of two bays in the service station 26 building requires a variance of 32 ' 6" and the proposed canopy 27 requires a variance of 23 feet . The conditional use permit is 28 required as there will be an expansion of the use of the 29 building. 30 31 The City Manager felt this station is located on a very unique 32 site. It is small , contains two right-of-ways and is 33 triangular shaped . The setbacks normally required for this 34 type of situation would nearly render the lot unbuildable. He 35 also noted that a portion of the bowling alley building is 36 located on this parcel . 37 38 The required parking spaces cannot be located on the property 39 line but staff is recommending a variance to 0 feet . The pumps . 40 will remain in their present location and the canopy will be 41 placed over them. . 42 43 Commissioner Madden noted there is no canopy length on the 44 submitted drawing. The canopy will be forty-eight feet . 45 Canopies at two other service stations in the City are smaller 46 in length. 47 48 The City Manager stated that the length can be addresssed as 49 a condition in the conditional use permit if the Planning 50 Commission' so chooses . 1 PLANNING COMMISSION MEETING 0 OCTOBER 19, 1993 PAGE 5 4 5 Mr . Freiberg advised that the pump island will be thirty eight 6 feet long and needs four feet of canopy on each end to be 7 usable. The canopy facia will be thirty six inches high and 8 will be only decorative. No advertising nor signs will be 9 placed on the canopy. The lights will shine down so they will 10 not interfer with any residences . There will be no junk cars 11 stored on the property and the roof signs will be removed . He 12 also stated that the .fencing will be changed and surface 13 blacktopping will be done next year when the weather is 14 better . 15 16 The Public Hearing was closed at 7 : 28 p.m. 17 18 Commissioner Franzese inquired if staff. had researched this 19 request pertaining to any hardship. The City Manager responded 20 that the City Attorney had applied a "creative" interpretation 21 for other variances granted to service stations . It was felt 22 this request could qualify for a hardship because of the 23 unusual shape of the lot . 24 25 Commissioner Gondorchin inquired if there was going to be a 26 pylon sign . Mr . Freiberg stated there was . it Motion by Franzese, second by Madden to recommend to the City 29 Council granting of the conditional use permit and the 30 variance to accommodate the expansion of the building and the 31 addition of. a canopy as per the staff recommendations , there . 32 was no one who appeared to speak against these requests , a 33 hardship exits because of the unusual shape of the lot and 34 including the following conditions : - 35 36 1 . Parking lot must be striped --a minimum of eight spaces . 37 38 2 . The canopy lighting must shine down 39 40 3 . Inoperable vehicles may not be stored on the site for more 41 than two weeks . 42 43 . 4 . Removal of roof sign 44 45 5. Where old chain link fence is -currently located, new screen 46 fencing will be installed behind the building. 47 48 -6. Complete paving on east side of building up to public- 49 right-of way. 50 Motion carried unanimously • I PLANNING COMMISSION MEETING 2 OCTOBER 19, 1993 • 3 PAGE 6 4 5 6 Chair Faust advised Mr. Freiberg that these requests will be 7 on the agenda of the November 9th City Council Meeting. He 8 recommended that Mr . Freiberg attend the meeting. 9 10 D. Petition for Variance, Darrin and JoAnn Mercil , 3112 11 Silver Lake Road 12 13 The Public Hearing was opened at 7 : 37 p.m. Chair Faust read 14 the notice of public hearing which appeared in the October 9 , 15 1993 edition of the St . Anthony Bulletin . 16 17 The City Manager advised this lot is one of those purchased by 18 the City' s HRA for scattered site redevelopment . The 19 purchasers are planning to build a three -bedroom, split level 20 home which will face Townview Avenue. 21 22 He also noted that this is a platted buildable lot but it is 23 non-conforming by today ' s standards . The following are the 24 variances which are being requested: 25 26 front yard variance of seven feet 27 back yard variance of twenty feet • 28 lot area variance of 440 square feet , and 29 lot width variance of twenty four feet . 30 31 The hardships being cited for these variances are as follows : 32 33 to allow the redevelopment of a platted and buildable lot , 34 - hardship caused by City Ordinances , and 35 the proposed home is of modern standards which requires 36 additional total square footage and different design 37 considerations . 38 39 The Public Hearing was closed at 7 : 48 p.m. 40 41 Motion by Fran nese, second by Thompson to recommend approval 42 of the granting of the four variances as listed for 3112 43 Silver Lake Road noting the hardships as noted on the agenda 44 and no one appeared to speak in opposition to the request . 45 46 Motion carried unanimously 47 48 Chair Faust advised this item will be included on the agenda 49 of the November 9th Council Meeting. He encouraged the 50 applicants to attend the meeting. • 1 PLANNING COMMISSION MEETING 4� OCTOBER 19 , 1993 PAGE 7 4 5 6 E. Petition for Variance - Wally Bauer , 3640 - 3644 Silver 7 Lake Road 8 F. Application for Subdivision/Plat Approval , Wally Bauer, 9 3640 3644 Silver Lake Road 10 11 Chair Faust read the notices of these two public hearings 12 which appeared in the October 9 , 1993 edition of the St . 13 Anthony Bulletin. 14 15 The City Manager explained that this request is for a zero lot 16 line split of a double bungalow. Mr . Bauer wishes to refinance 17 one side of the building and the land and split it into two 18 separate parcels for ownership. 19 20 The City can subdivide the property using the same survey and 21 parcels A and B division line as the new property line. 22 Subdivision can be done waiving the replat requirement . As 23 this is an existing structure, a lotsplit would require a zero 24 lot line which would require a variance . 25 26 There also needs to be a variance for lot area, width, and lot coverage . The zero lot line variance would be for five feet for each structure. The other three variances are required, as 29 the current lot meets the ordinance, but the two proposed lots 30- would not . 31 32 Commissioner Bergstrom inquired if there were other zero lot - 33 lines situations in St . Anthony. 34 35 The City Manager advised there are some on 37th Avenue between 36 Stinson Boulevard and Silver Lake Road. These buildings were 37 built intentionally to be zero lot line situations and the 38 lots are considerably larger than this one . Mr . Bauer noted 39 that when this building was built zero lot lines did not 40 exist . 41 42 Discussion continued regarding maintenance by both owners and 43 how this could be required. 44 45 It was determined the exterior maintenance could be protected 46 by a "party wall " agreement between the two owners . Mr. Bauer 47 stated this ,agreement will not address landscaping nor snow 48 removal but will address all other - "common" aspects of the 49 building. 50 1 PLANNING COMMISSION MEETING 2 OCTOBER 19, 1993 • 3 PAGE 8 4 5 6 The City Manager suggested that the*Planning Commission could 7 require that this "party wall " condition be filed with the 8 agreement . 9 10 The Public Hearing was closed at 8 : 00 p.m. 11 12 Motion by Gondorchin, second by Franzese that the Planning 13 Commission recommend that the City Council approve the 14 subidivision request (waiving plat requirements ) and the 15 variances be granted with the following hardship; an existing 16 structure that will not be modified to allow for separate 17 ownership and that 1620 . 07 of the ordinance be .incorporated 18 and that the unit be maintained as if it were one structure. 19' 20 Motion carried unanimously 21 22 23 Chair Faust advised this issue will be on the November 9 , 1993 24 Council Meeting agenda and he recommended that the owners of 25 this building attend . 26 27 G. Petition for Sign Variance - Jake Cadwallader, Realty 28 World, 3800 Apache Lane 29 30 The Public Hearing was opened at 8 : 03 p .m. 31 32 Chair Faust read the public hearing notice which appeared in 33 the October 9, 1993 edition of the St . Anthony Bulletin . 34 35 The variance is required as the sign exceeds the roof line by 36 five feet . Mr. Cadwallader is proposing to retain the existing 37 sign and install new sign covers . The current roof sign has 38 been on the building since 1973. 39 40 The City Manager noted this is a difficult building to find. 41 He also noted that staff has a hard time with roof signs and 42 this would be the only one in _the City. Alternatives he 43 suggested would be a wall sign or a freestanding monument_ 44 sign . He noted that if a roof sign were granted for this 45 property owner many other business people would be requesting 46 them. 47 48 Mr. Cadwallader advised he had purchased the building last 49 year and suggests its visibility to adjacent streets is almost 50 non-existent . • I PLANNING COMMISSION MEETING OCTOBER 19 , 1993 PAGE 9 4 5 6 He exlained that the shape of the building is mostly round 7 with much glass and windows . He felt there would not be an 8 appropriate place to locate a wall sign . 9 10 The City Manager stated that this building could be allowed to 11 have two wall signs as it technically faces two streets . 12 13 The Public Hearing was closed ,at 8 : 14 p.m. 14 15 Commissioner Gondorchin felt a wall or facia sign are options 16 which should be considered. He also suggested a pylon sign 17 would work but that a roof sign would be difficult to see as 18 well . 19 20 Commissioner Thompson noted this building is not in a 21 residential area so any signage would not impact on private 22 homes . Exposure is the primary concern for this business . 23 24 Chair Faust prefers not to set a precedent , especially with 25 approval of a roof sign . He supports monument signs . 26 Commissioner Madden stated his opposition to a roof sign . 29 City Manager Burt requested this matter be continued until the 30 next Planning Commission Meeting. He felt staff could work 31 with Mr. Cadwallader to solve the problem. He '. stated his 32 preference to have this matter returned to the Planning 33 Commission rather than have it recommended for denial to the 34 City Council . 35 36 Mr. Cadwallader inquired if a lighted sign could be a 37 consideration . The City Manager advised this would not be a 38 permitted use but further examination. of the sign ordinance 39 would be done by staff to work within. the ordinance. 40 41 Motion by Franzese, second by Madden to table this matter 42 until the next Planning Commission Meeting. 43 44 Motion carried unanimously 45 46 6 . MISCELLANEOUS 47 48 A. Application for Garage Setback Permit - Scott Barton , 49 3515 Harding Street - Council Referred Item 50 1 PLANNING COMMISSION MEETING 2 OCTOBER 19 , 1993 3 PAGE 10 4 5 The City Manager advised this permit request has been 6 withdrawn by Mr. Barton. Chair Faust felt the letter from Mr. 7 Barton regarding his experiences with this request was a "pot 8 shot " at the Planning Commission . 9 10 B. Discussion of Proposed Ordinance No. 1993-012 - Council 11 Referred Item 12 13 This ordinance refers to drainages systems and some of the 14 present prohibitions regarding location relative to structure . 15 The City Manager noted that there are many instances where 16 downspouts extend a greater distance than five feet into the 17 yard. 18 19 Chair Faust felt the ordinance was reasonable in its present 20 form. 21 22 The City Manager felt the ordinance could be re-worked for 23 both primary structures and accessory buildings . 24 25 The Chair suggested that the reference to "eaves" be deleted 26 and the remainder of the ordinance be unchanged. 27 28 Commissioner Madden inquired what would be the status of 29 existing conditions . The City Manager responded they would be 30 grandfathered in . 31 32 C. Planning Commission Appointment Limits - Council Referrd 33 Item 34 35 This matter was brought to the City Manager by the Planning 36 Commission Chair for the purpose of getting the opinions of 37 members of the City Council . 38 39 The City Manager stated that the Councilmembers were 40 interested in the individual opinions of the members of the 41 Planning Commission and referred .. the matter back to the 42 Planning Commission . 43 44 Commissioner Franzese felt the Council already had the option 45 of replacing members of the Planning Commission and she 46 opposes limits . 47 48 Commissioner Gondorchin noted that the three year terms could 49 be changed to two year terms if the Council saw fit . 50 1 PLANNING COMMISSION MEETING OCTOBER 19 , 1993 0 PAGE 11 4 5 Commissioner Bergstrom felt there was value in longevity and 6 inquired if there had been problems . The City Manager 7 responded it has never been an issue . 8 9 Chair Faust felt there was consensus on the Planning 10 Commission that there should be. no changes . 11 12 7 . STAFF UPDATE 13 14 The City Manager advised that the City Council will be making 15 an appointment to the Planning Commission at its October 27th 16 meeting. 17 18 B . COMMISSIONERS ' COMMENTS 19 20 a. Commissioner Madden 21 Commissioner Madden had nothing to comment on at this time. 22 23 b. Commissioner Gondorchin 24 Commissioner Gondorchin had nothing to comment on at this 25 time. 26 C . Commissioner Franzese LJ Commissioner Franzese had recently read in the Northeaster 29 Newspaper an article regarding the proposed closing of the St . 30 -Anthony branch of the Hennepin County Library System. She 31 observed that property owners in St . Anthony already pay taxes 32 to support the Hennepin County Park System which is not very 33 accessible. This inequity will continue with the closing of 34 the library. 35 36 The City Manager advi sed..he will be contacting former Hennepin 37 County Commissioner Makowske regarding what property taxes are 38 used for by Hennepin County. He noted that St. Anthony is the 39 only inner-ring suburb whose library is being considered for 40 closing.. 41 42 The City Manager also noted there are few services received by . 43 St . Anthony from Hennepin County although tax dollars from the 44 City are significant . Among the services received is the 9-1-1 45 dispatch and limited county road work . 46 47 He will put out a _press release for the public hearing being 48 held regarding the potential library closing, this will be 49 noted on the Kiwanis sign and phone numbers of commissioners 50 to be contacted. I PLANNING COMMISSION MEETING 2 OCTOBER 10 , 1993 . 3 PAGE 12 4 5 6 Commissioner Franzese advised that Hennepin County is -7 collaborating with the Hennepin County Park Board to 8 accommodate the site for the new maintenance facility. 9 10 Another collaboration project being considered is locating the 11 Hennepin County Fair at a permanent site. 12 13 Recently, an informational hearing was held to review the 14 space needs analysis drafted by The Alliance. This firm was 15 hired to assess the space needs for a community center 16 project . 17 18 The City Manager stated that letters regarding this hearing 19 were sent to all those who currently use community center 20 space. Only eight people attended the meeting. 21 22 It is the intention of the City Manager to "take this show on 23 the road" to community service clubs and other civic 24 organizations . He is hopeful of getting more community and 25 resident input . 26 27 The options are to do nothing, remodel , build a new facility, 28 or buy a freestanding structure and remodel to suit the needs 29 of a community center. This issue will be brought before the 30 Planning Commission for its review. 31 32 Commissioner Franzese inquiredif the School District is 33 participating in this project . 34 35 The City Manager responded that the School Board is actively 36 participating but is not looking at using this building for 37 its needs : It appears something will be done to Wilshire, Park 38 School to accommodate the need for additional classroom space. 39 40 41 , 42 d. Commissioner Thompson 43 44 Commissioner Thompson had nothing to comment on at this time. 45 46 e. Commissioner Berastrom 47 48 Commissioner Bergstrom stated that the Environmental Task 49 Force has not met since the last Planning Commission Meeting 50 so *he had nothing to report at this time. PLANNING COMMISSION MEETING OCTOBER 19, 1993 3 PAGE 13 4 5 6 9 . ADJOURN 7 8 Motion by Madden, second by Franzese to adjourn the meeting at 9 9: 00 P.M. 10 11 Motion- carried unanimously 12 13 14 15 16 Respectfully submitted , 17 18 _ 19 20 Jo-Anne Student , Planning Commission Secretary 21 22 23 24 25 2 29 30 31 32 33 34 35 36 37 38 39 40 41 , 42 43 44 45 46 47 48 49 50 STAFF REPORT • DATE: November 16, 1993 TO: Planning Commission FROM: Thomas D. Burt, City Manager SUBJECT: PETITION FOR SIGN VARIANCE, EWALD CONSULTING GROUP - REPRESENTING GOODYEAR AUTO SERVICE CENTER, 4020 SILVER LAKE ROAD. BACKGROUND: The applicant is requesting three variances for two signs. The first variance is for an additional wall sign to -be located on the front of the building. The ordinance allows one wall sign of no more than 2 square feet of sign surface per lineal foot of business footage, up to a maximum of 150 square feet. The existing wall sign is 89 square feet and the proposed additional wall sign, to be installed above the showroom, is 52 square feet. Although the two signs are under the 150 square foot maximum the ordinance allows, the question of hardship needs to be addressed. • The applicant would also like to replace the existing ground sign, which has square footage of 17 feet 5 inches of total sign surface area with a new sign that has 62 feet 4 inches of total sign surface area. This requires a variance of 32 feet 4 inches of total sign surface area. The plans submitted do not indicate landscaping, so the bonus to surface area was not applied. A 1 foot 4 inch variance is also needed for the height of the sign. The ordinance allows a ground sign height of 5 feet. Again, since no landscape plan was submitted, the bonus was not applied. To grant these variances the primary question of hardship must be met. The wall sign clearly is not a hardship. The business does sit back from the front setback, but it is not an unreasonable amount. In addition, the existing ground sign is at the right-of-way line and provides very clear visibility. The applicant suggests that the speeds traveled and accessibility to the sight should be considered as hardship. These signs are for identification and are clearly visible. Ground signs are not considered directional signs. The issue of competition is economic and cannot be considered as a valid hardship. All other signs the applicant has. referred to have either been grandfathered-in under the old ordinance or are permitted signs. RECOMMENDATION: Staff recommends denial of all variances based on no findings of hardship. Date: Fee: $100.00 CITY OF ST. ANTHONY Petition for Sign Variance Applicant: '� c -"�1-lf DA x7L A c Address: 400 L 4�2c -i;?©c' 1 Phone: aac-a--s J �(c `L4 i.4 C rcUu. ST�t 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: Cn%,AAy%A,;e J c Request: 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 in'ui rious to other property in the neighborhood or village. 2. A particular hardship 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 are based are uni ue 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. Signature of Applicant Date: 10 - 19 - 9.3A Ewald Consulting Group, Inc. • 26 EAST EXCHANGE STREET-SAINT PAUL.MINNESOTA 55101 •(612)290-2326•FAX(612)290-2266 November 1, 1993 Tom Burt, City Manager City of St. Anthony 3301 Silver Lake Rd. St. Anthony, MN 55418-1699 Dear Mr. Burt: The following are responses to questions on behalf of the Goodyear Auto Service Center application for a sign variance: 1. The granting of the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood or village. The proposed new sign is merely of increased size and also has been updated to reflect the current Goodyear graphic image. 2. We believe a hardship to Goodyear would result if the strict letter of the regulations are adhered to. We make this argument on several grounds: a. The Goodyear Service Center is in competition with one or more companies within one-half mile of it. In particular, the Valvoline Rapid Oil Change which is located on a street corner approximately two blocks south of the Goodyear Center has a much more advantageous position on its property, allowing much higher visibility and recognition by customers. In contrast, the Goodyear Center is set far back on the property and traffic flow is such that cars are likely to be traveling in excess of 40 mph when passing the store and would thus not readily recognize it without effective free standing signage near the road way. b. The visual impact of the wall signage on the'Goodyear Service Center is certainly less than that of its competitors in the area and justifies enhanced free standing signage. In contrast to the Rapid Oil Change location, where motorists are slowed or stopped by traffic lights, allowing them to make the decision to turn into the facility, northbound motorists that do notice the Goodyear Service Center must drive nearly one block the center and then make either a (probably illegal) u-turn or drive west on the cross street until they are able to turn around legally in.order to return to the Goodyear store. c. Denial of the proposed signage would connote lesser stature as compared to other nationally recognized companies. The proposed signage is smaller . than that of the Hardee's Restaurant which is immediately south of the Goodyear Service Center. The Hardee's sign measures approximately 4 feet 4 inches by 9 feet, making it approximately 20% larger than the proposed signage. In.addition, the sign will still be dwarfed by the Apache Plaza signage and other in the area. Failure to grant the proposed signage would GOVERNMENT RELATIONS,ASSOCIATION MANAGEMENT,AND MANAGEMENT SERVICES SINCE 1982 imply to the traveling public that Goodyear has diminished stature as a corporation with the City of St. Anthony or that it has less of a commitment to doing business in the city than it does in other cities where it is permitted greater visibility. 3. The conditions upon which this application is based are unique to the parcel of land on which the Goodyear store is located and is not applicable to other property in the same land-use classification. As previously mentioned the Goodyear Service Center sits far back on the property which makes its need for a larger sign unique. Additionally, the traffic flow patterns for this center are also unique and require more visible signage in order for motorists to locate the facility in time to make safe decisions on how to enter the property. Tom,please contact me if you have any questions on this matter and I look forward to working with and the planning commission over the next several weeks. Sincerely yours, S C� David C. Ewald Vice President DCE/cf CITY OF ST. ANTHONY NOTICE OF HEARING SIGN VARIANCE TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, November 16. 1993, at 7:05 P.M. or as soon thereafter as possible in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast comer) for the following purpose: Applicant: David Ewald on behalf of Good Year Auto Service Center Property Address: 4020 Silver Lake Road Proposal: Application for a ground sign with a 26.3 square foot variance from allowed total sign surface area 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. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please call the City Clerk at 789-8881 to make arrangements. , Thomas D. Burt City Manager Publish: Bulletin, November 3, 1993 _I jo LT,FWC ' (35:� M OM �Lo r�n,c�T.-S,�veQ L414E , �-� GGA-C•. N/I�L" ' • ._._ -•_ D / ",c.Tl1G�C"M7Z..LET.?J1 S -FF Al /-�/ (p)op L54A �i° "�l[ LLL ,11 '• _� `N DlfA� /G�!,ST/G./CLW} Sic'dJ - 8,751 f R_I ca�:c i3[K / 1 R-Z K_7 - �_Z • - .1x R[D•IVHITF • /,5 LT.f3L1IE LETTE1t$ CLUB TRADP-MAK1� l8 dt,1GK LL'TTEKS a —_ LPO1_�.OUC CER7- F3rED AL' t O SERV1Cf 0 L D Piz M —• L--._.__. - - -- -- __ - - _ - Q O 5MCIFICAWN5: A) CABINET t0 Lt FWICATEq U51NG V(E A13C EXTP,U51ON w/ 5TV. I7) "CMFIEI7 AUTO 5EPVICE" COPY tO 13E WHITE. HP,-IOCA5 6iP.APNIC5 ON A LEXAN FACE. U5E PETAINEI; MTP,OFIT COPY 5TYI.E 15 NEIN. 60LP ITALIC. FOP,APC EXTP.U510N LEXAN FACE5, CA INET FILLED/P.ETAINEI;5 E) FAMCATEP ALUM. POLE COVES TO NAVE A GOOPYEPR TO NAVE A(500YEM COIT. GPAY ACRYLIC POLMT}-WJE WYANDOM #181 A-2 OFF WHITE A. P. FIN15N. FIN15N. F) FWICATEP ALUM. REVEAL' TO HAVE A MACK ACRYLIC P) FACE5 TO 6E 5116" LEXAN MCO 912 ON 5ECONP 5LffPa POLY1 ETHANE FIN15N. w/ 5M TRAN5LUCENT FILM. FACE d/G TO PE 4 3630-157 0 S111,TAN �� G) EAGLE LOGO IN 51D. COLOP5. a; C) "GOOnYR E " COPY TO M WHITE w/ A BLACK OUTLINE & VPOP N) INTERIOR PLATE - 51ZE TO Lt 17ET'17 c 9wow. ■ 4 0 . a 0 n 0 z < 1NCLUP,5 PROP 9wow I ■ ' O 913 16" 1 1/ 2" / 2" 17 ii II IL JI IL J► 125x 0' PLANTEK III III GRA17E d 3' — EXI5TING 5TEE1. PIPE TO M i CUT FOR A 5LE'-VE CONNECTION 51ZE TO M MVP FACF VIEW 5M VIEW IW W 5C&L : 3/ 4" - 1' - 0" U P/ F HF,,. CAf31N�f pF1�0FIf . a v STAFF REPORT DATE: November 16, 1993 TO: Planning Commission FROM: Thomas D. Burt, City Manager SUBJECT: PETITION FOR SIGN VARIANCE, JAKE CADWALLADER - OWNER- REALITY WORLD - CADWALLADER, 3800 APACHE LANE. • BACKGROUND At the October 19, 1993 Planning Commission meeting this item was referred back to staff to work with the applicant to determine a more appropriate conforming sign. Since then, I had one discussion with the applicant and the applicant was not responsive to our recommendation. The applicant inquired about a pylon sign and I indicated it is not permitted and suggested a wall sign and ground sign on the property. The applicant did not indicate his opinion and we have not been in contact since. • 1 PLANNING COMMISSION MEETING OCTOBER 19, 1993 PAGE 8 4 5 6 The City Manager suggested that the* Planning Commission could 7' require that this "party wall " condition be filed with the 8 agreement . 9 10 The Public Hearing was closed at 8 : 00 p.m. 11 12 Motion by Gondorchin, second by Franzese that the Planning 13 Commission recommend that the City Council approve the 14 subidivision request (waiving plat requirements) and the 15 variances be granted with the following hardship; an existing 16 structure that will not be modified to allow for separate 17 ownership and that 1620 . 07 of the ordinance be incorporated 18 and that the unit be maintained as if it were one structure . 19 20 Motion carried unanimously 21 22 23 Chair Faust advised this issue will be on the November 9, 1993 24 Council Meeting agenda and he recommended that the owners of 25 this building attend. G. Petition for Sign Variance - Jake Cadwallader, Realty 8 world, 3.800 Apache Lane ` 29 30 The Public Hearing was opened at 8 : 03 p.m. 31 32 Chair Faust read the public hearing notice which appeared in 33 the October 9, 1993 edition of the St . Anthony Bulletin . 34 35 The variance is required as the sign exceeds the roof line by 36 five feet . Mr . Cadwallader is proposing to retain the existing 37 sign and install new sign covers . The current roof sign has 38 been on the building since 1973 . 39 40 The City Manager noted this is a difficult building to find. 41 He also noted that staff has a hard time with roof signs and 42 this would be the only one in the City. Alternatives he 43 suggested would be a wall sign or a freestanding monument 44 sign. He noted that if a roof sign were granted for this 45 property owner many other business people would be requesting 46 them. 47 48 Mr. Cadwallader advised he had purchased the building last 49 year and suggests its visibility to adjacent streets is almost 50 non-existent . • PLANNING COMMISSION MEETING OCTOBER 19, 1993 PAGE 9 4 5 6 He exlained that the shape of the ' building is mostly round 7 with much glass and windows . He felt there would not be an 8 appropriate place to locate a wall sign . 9 10 The City Manager stated that this building could be allowed to 11 have two wall signs as it technically faces two streets . 12 13 The Public Hearing was closed at 8 : 14 p.m. 14 15 Commissioner Gondorchin felt a wall or facia sign are options 16 which should be considered. He also suggested a pylon sign 17 would work but that a roof sign would be difficult to see as 18 well . 19 20 Commissioner Thompson noted this building is not in a 21 residential area so any signage would not impact on private 22 homes . Exposure is the primary concern for this business . 23 24 Chair Faust prefers not to set a precedent , especially with 25 approval of a roof sign . He supports monument signs . toCommissioner Madden stated his opposition to a roof sign . 28 29 City Manager Burt requested this matter be continued until the 30 next. Planning Commission Meeting. He felt staff could work 31 with Mr . Cadwallader to solve the problem. 'He stated his 32 preference to have this matter returned to the Planning 33 Commission rather than have it recommended for denial to the 34 City Council ., 35 36 Mr. Cadwallader inquired if a lighted sign could be a 37 consideration . The City Manager advised this would not be a 38 permitted - use but further examination of the sign ordinance 39 would be done by staff to work within the ordinance. 40 41 Motion by Franzese, second by Madden to table this matter 42 until the next Planning Commission Meeting. 43 �4 Motion carried unanimously 46 6 . MISCELLANEOUS 47 . . ._. 48 A. Application for Garage Setback Permit - Scott Barton, 49 3515 Harding Street - Council Referred Item 50 1 CITY OF ST. ANTHONY 2 REGULAR COUNCIL MEETING 5 OCTOBER 12, 1993 6 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7 : 00 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. . 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks , 17 Enrooth, Fleming and Wagner. 18 19 Staff Present : City Manager Burt 20 21 22 3 . APPROVAL OF OCTOBER 12 , 1993 COUNCIL MEETING AGENDA 23 24 The City Manager requested that Resolution No. 93-059 be added 25 to New Business and that the dollar amounts - be added to 26 Resolution No. 93-048 under Unfinished Business . He also 27 requested that item A-1 under Reports be removed. This item was an appointment to the Planning Commission. 30 Joe Papatola had indicated he may be in attendance at the 31 Council Meeting to discuss an ordinance. The City Manager - 32 advised this could be added if Mr . Papatola actually attends . 33 34 Motion by Marks , second by Wagner to approve the agenda with 35 the amendments recommended by the City Manager . 36 37 38 Motion carried unanimously. .. 39 40 41 4 . APPROVAL OF SEPTEMBER 28 , 1993 COUNCIL MEETING MINUTES 42 43 . Motion by Marks , 'second by .Enrooth to approve the minutes of 44 the September 28 , ' 1993 Council Meeting with the following 45 corrections : 46 47 page 1 , line 48 : after the word "presented" insert "in behalf .48 of the City Council " 49 page 9, line 8 : before the word "permit" insert . the word 50 "setback" 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 3 PAGE 2 • 4 5 page 9, line 8 : Correct the word "three" to " five" 6 page 10 : add to the end of the last paragraph "Councilmember 7 Enrooth will be the delegate and Councilmember Wagner will be 8 the alternate. " 9 10 Motion carried unanimously 11 12 13 5. LICENSES/PERMITS/PETITIONS 14 15 Motion by Marks , second by Wagner to approve the following 16 license applications : 17 18 Contractors ' Licenses 19 20 Mikkelson-Wulff Construction, Hopkins, Mn. 21 Ettel and Franz Company, St . Paul , Mn . 22 Diversified Construction, St . Louis Park, Mn . 23 J.R. Wilson Custom Homes , New Brighton, Mn. 24 Coronet Company, Inc . , St . Louis Park, Mn. 25 26 Heatina Licenses 27 28 Doody Mechanical , St . Paul , Mn . 29 Krinkie Heating & Air Conditioning, St . Paul , Mn . 30 31 Motor Vehicle Startina License 32 33 Dick ' s St . Anthony 66 3-47- 35 Motion carried unanimously 36 37 Temporary 3 . 2 Beer License 3.8 39 Motion by Wagner, second by Fleming to approve- the temporary 40 3 . 2 beer license to the St . Charles Mardi Gras on February 13, 41 1994 . 42 43 Roll call : Ranallo, Enrooth, Fleming, Wagner . - aye 44 Marks - nay 45 46 Motion passes 47 48 49 6 . PRESENTATION OF CLAIMS 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 41 PAGE 3 5 A. Progressive Contractors , Inc . 6 7 Motion by Marks , second by Wagner to approve payment in the 8 amount of $50 , 842 . 80 to Progressive Contractors , Inc . for 9 concrete street rehabilitation of 37th Avenue. 10 11 The City Manager advised this payment is for the road work 12 only and the sidewalk project is still left to be done. Ten 13 percent of the total is being retained . 14 15 Virgil Hawkins , representing Maier Stewart & Associates , 16 stated this is a partial payment and does not include the 17 sidewalk work . 18 19 Motion carried unanimously 20 21 B. - W.B. Miller, Inc . 22 23 Motion by Marks , second by Wagner to approve payment in the 24 amount of $88 , 203 . 64 to W.B. Miller , Inc. for 1993 street and 25 utility improvement projects . 26 27 The City Manager advised that the sand still has to be removed from the sanitary sewer line. He noted there is also a punch list of many items which remain to be done. The City is 30 afforded considerable leverage as it holds a performance bond 31 on this firm. 32 33 Virgil Hawkins felt the cost of all of the items on the punch 34 list would be between four and five thousand dollars . He also 35 stated that the contractor is aware of the date by which all 36 of the work should be completed. An additional five thousand 37 dollars of costs could be incurred with the removal of the 38 sand. 39 40 Motion carried unanimously 41 42 C. Minnesota Department of Natural Resources 43 44 Motion by Marks ,- second by Ranallo to approve the following 45 amounts to be paid to the Department of Natural .Resources : 46 47 1 . Payment of $374 . 00 for use of -City wells in 1989. 48 2 . Payment of $886 . 29 for use of City wells in 1990 . 49 3 . Payment of $1 , 156 . 79 for use of City- wells in 1991 . - 50 4 . Payment of $1,, 185. 80 for use of City well-s in 1992 . • I REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 .3 PAGE 4 • 4 5 6 The City Manager advised these charges are for the City to use 7 its own wells. He noted that they have increased each year and 8 this increase is' anticipated to continue. 9 10 Discussion followed what would happen if these charges were 11 not paid. The City Manager felt the DNR would probably go to 12 the Legislature to have penalties placed on non-payments or it 13 could be taken from the City' s Local Governmant Aid alloca- 14 tion. 15 16 These charges were viewed as classic examples of unfunded 17 mandates placed on the City by the State . 18 19 Councilmember Marks felt paying them was an admission of 20 culpability for the City. 21 22 Members of the Council requested this example of unfunded 23 mandates be brought to the attention to elected representa- 24 tives of the City. The City Manager was requested to draft a 25 letter which addressed this issue to Senator Marty and 26 Representative McGuire. 27 28 It was noted that the Department of Health and three other • 29 state departments request the same information as the DNR and 30 do not charge for it . 31 32 Motion carried unanimously 33 34 D. City of New Brighton 35 36 Motion by Marks, second by Enrooth to approve payment in the 37 amount of $9, 275. 00 to the City of New Brighton for the 38 purchase of its sewer jetting machine. 39 40 The City Manager stated that these funds will be taken from 41 the City' s Water Fund. 42 43 Motion carried unanimously 44 45 E. Verified Claims 46 47 Motion by Wagner, second by Marks to approve payment of the 48 five pages of verified claims as prepared by the Finance 49 Director . 50 Motion carried unanimously • REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 3 PAGE 5 4 5 6 7 . REPORTS 7 8 A. Council Reports 9 10 11 1 . Report of Councilmember Wagner 12 13 Last week , Councilmember Wagner attended the meeting of the 14 Apache Plaza Merchants Association . Although Dennis Cavanaugh, 15 of the Plaza management company, has not spoken to the 16 merchants about the coming of the new CUB Store, there is a 17 feeling that there is a problem. 18 19 John Ohi gave a presentation on theft in business and NSF 20 checks . The presentation was well received and the merchants 21 indicated their interest in his being invited back . 22 23 The merchants requested that there be more drive-thrus by 24 squad cars around the shopping center. They specifically 5 requested increased police presence between 9 : 0.0 and 9: 30 p.m. In response to the Mayor ' s inquiry regarding merchant ' s dues , 28 the City Manager noted he will contact Dennis Cavanaugh about 29 the dues and the liquor store lease agreement . 30 31 32 2 . Report of Councilmember Fleming 33 34 Councilmember Fleming attended the Minnesota League of Human 35 Rights Seminar at which Dr . Gisella Konopka was the guest 36 speaker. Dr . Konopka gave some of her experiences during the 37 second world war in Germany. Her message was she hoped these 38 types of experiences would never be repeated. 39 40 . Councilmember Fleming accepted a certificate on behalf _of St ., 41 Anthony Village from the Minnesota League of Human Rights 42 Commission. 43 44 She also attended the retirement party for Officer John 45 McQueen and on behalf of the City Council presented him an 46 award. 47 48 A recent edition of the Star Tribune carried an article which 49 focused on a group of eighteen protesters of the DARE Program. 50 1 REGULAR COUNCIL MEETING • 2 OCTOBER 12 , 1993 3 PAGE 6 4 5 6 This group, which offices in Minneapolis , is critical of the 7 organization and its activities . Councilmember Fleming wrote 8 a response letter to the paper and hopes it will be printed. 9 She noted the group also received radio and television 10 coverage. 11 12 13 3 . Report of Councilmember Marks 14 15 The Sister City Committee held a meeting recently which 16 started at 6 : 00 a .m. 17 18 David Braslow, a St . Anthony resident , had visited Salo, 19 Finland, St . Anthony ' s Sister City. He gave a report on his 20 visit . Members of the Committee would like him to report at a 21 future Council Meeting. 22 23 While Mr . Braslow was visiting Salo, discussion was had 24 regarding an exchange program between school students of the 25 two cities . A pen-pal club has been suggested to Dave 26 Abrahamson, principal of Wilshire Park Elementary School . Mr . 27 Abrahamson will see if there is any interest in the school 28 population. 29 30 4 . Report of Councilmember Enrooth 31 32 Councilmember Enrooth thanked Dave Urbia , the City ' s 33 Management Assistant , for his services . He felt Dave' s 34 interest and expertise in environmental issues was 35 particularly beneficial to the City and the Council . 36 37 Dave Urbia has resigned his position and accepted a position 38 as City Administrator in Blue Earth. 39 40 5. Report of Mayor Ranallo 41 42 Mayor Ranallo visited the first grade class at Wilshire Park 43 Elementary School . He found the children very well informed 44 and knowledgeable. 45 46 The Mayor has received resident calls regarding signs at 47 various gas stations in the City. One specific station has 48 drawn resident attention in that it has been changing signs on 49 a weekly basis . These are very large temporary signs . 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 PAGE 7 4 5 6 The City Manager advised that by ordinance temporary signs can 7 be displayed no more than thirty days each year. This station 8 is in violation of the ordinance. 9 10 This station owner had received verbal warnings as well as a 11 letter advising him of his non-compliance . He was also advised 12 of the timeframe in which he had to comply with the ordinance. 13 He received a citation today for non-compliance. 14 15 The City Manager noted that the Mico Service Station on 37th 16 Avenue and Stinson Boulevard is for sale. The Mayor has 17 observed what appears to be painting and remodeling being done 18 at that location . 19 20 The Public Works Director was advised there was to be only 21 painting done . Staff will follow through on this matter. 22 23 24 B. City Manager ' s Report 25 26 The City Manager noted that Mr . Papatola was not in attendance 27 so there will be no discussion about his issue. 8 . PUBLIC HEARINGS 30 31 A. 1993 Street Improvements Project 32 33 The Public Hearing was opened at 7 : 40 p.m. 34 35 The City Manager advised that assessment hearing notices were 36 sent out to all affected property owners . Virgil Hawkins of 37 Maier Stewart & -Associates was in attendance to answer any 38 questions . 39 40 The assessments are for orderingoverlay improvements on 41 Rankin Road and Croft Drive as well as confirming assessments 42 for various improvements on the same roadways. 43 44 There was no one in attendance to speak to the improvement 45 project . 46 47 Motion by Marks , second by Enrooth toy close the public hearing 48 at 7 : 42 p.m. 49 50 Motion carried unanimously 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 3 PAGE 8 4 5 1 . Resolution No. 93-057, Re: Orderina Improvements 6 7 Motion by Marks, second by Wagner to adopt Resolution No. 93- 8 057 being a resolution ordering improvements being a 9 bituminous overlay on Rankin- Road ( from Old Highway 8 to 32nd 10 Avenue) and Croft Drive ( from 31st Avenue to 200 feet along 11 32nd Avenue beyond the cul-de-sac . ) 12 13 _Motion carried unanimously 14 15 2 . Resolution No. 93-058, Re: Adopting and Confirming 16 Assessments 17 18 Motion by Marks , second by Enrooth to adopt Resolution No. 93- 19 058 being a resolution adopting and confirming assessments for 20 various public improvements . 21 22 Motion carried unanimously 23 24 9. ` NEW BUSINESS 25 26 A. Resolution No. 93-056, Re: Unfunded Mandates 27 28 The National League of Cities is encouraging all cities to 29 pass this resolution so there will be an impact on the 30 national level as"' well as on the state level regarding 31 unfunded mandates placed on cities . 32 33 The League of Minnesota Cities is also participating and had 34 sent a draft letter for city councils to adopt . 35 36 Councilmember Fleming cited the mandate to dispose of 37 fluorescent bulbs with no avenue for disposal in place. . 38 39 Motion by Enrooth, second by Marks to adopt Resolution No. 93- 40 056 being a resolution on unfunded mandates . 41 42 Motion carried unanimously 43 44 B. Resolution No. 93-059, Re:- Hellickson ' s Addition 45 46 Doing the title search for the Hellickson property it was 47 discovered that this parcel was always to be used as a beauty 48 shop as included in the Planned Unit Development Ordinance 49 which was passed in 1980 . 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 PAGE 9 4 5 6 The City Attorney reviewed the situation and recommends 7 adoption of the resolution . 8 9 Motion by Marks , second by Wagner to adopt Resolution No . 93- 10 059 being a resolution relating to Hellickson' s Addition. 11 12 13 Motion carried unanimously 14 15 10 . UNFINISHED BUSINESS 16 17 A. Ordinance No. 1993-013 , Re : Amusement Devices ( third 18 reading) 19 20 Motion by Enrooth, second by Wagner to approve the third 21 reading and passage of Ordinance No. 1993-013 being an 22 ordinance relating to amusement devices, amending Section 23 505. 02 of the 1993 St . Anthony Code of Ordinances . 24 25 26 Motion carried unanimously 27 9 B. Resolution No . 93-048 , Re: Receiving Feasibility and 30 Ordering Plans for 1994 Street Improvments 31 32 Representatives of an engineering firm other than the one who 33 did the 1993 street improvements attended the meeting 34 regarding their proposal for the 1994 street improvements . 35 36 The City Manager advised that staff had interviewed five 37 engineering firms . The firm being recommended is Rieke Carroll 38 Muller Associates (RCM) . It also had submitted the lowest bid. 39 40 Staff has -contacted all of this firm' s references and has 41 received very good feedback. This firm' s services have been 42 used by St . Anthony for other projects but have not 43 participated' on any road projects . 44 45 RCM has reviewed the Maier Stewart & Associates feasiblity 46 study and given its approval . The firm takes accountability 47 for this study and had given a not-to-exceed-figure for the 48 project . It was noted there will be no additional costs if the 49 project extends longer than the deadline for completion . 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 3 PAGE 10 4 5 6 Councilmember Marks feels that communication between the 7 property owners and the contractor is crucial . He felt 8 Councilmembers should be included in keeping records of calls 9 and complaints . He did not feel there was intentional 10 miscommunication on the 1993 street improvement project . 11 12 Councilmember Enrooth stated there should always be good 13 communication on any engineering projects . He felt 1.4 communication had been a perpetual problem with engineering 15 firms . 16 17 The City Manager suggested a computer program could be 18 developed for tracking the project , maintaining inventories 19 and responses to complaints . 20 21 Mayor Ranallo noted that on the 1993 street projects there was 22 communication with the engineers . He felt what was said did 23 not accurately reflect with what was being done. He suggested 24 that the payment being held back should be higher. He also 25 felt withholding payment should be included in the agreement 26 for future projects . 27 28 Pete Carlson is the Department Manager of the Rieke Muller 29 Carroll municipal offices . He agrees that good communication 30 is vital during the construction phase of a project as well as 31 the design phase. His firm has done many projects in older 32 communities and he recognizes there are inconveniences 33 involved for the property owners . 34 es a roadway how his firm approaches 35 Mr . Carlson explained pp 36 project . A project schedule is drafted and presented at a 37 public meeting to all affected property owners . A newsletter 38 is written and distributed to all affected property owners . In 39 the newsletter the name and phone number(s) of a RCM 40 representative is included so they receive the first phone 41 call concerning a problem rather than it going to City 42 Councilmembers or City staff . 43 44 RCM staff will be available to meet with property owners at 45 neighborhood meetings in December. Each driveway in the 46 proposed project area will have its elevation shot before the 47 project starts . Any specific access concerns or needs will be 48 addressed before the project is started. 49 50 • 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 0 PAGE 11 4 5 6 RCM will provide only one inspector for this project on the 7 job site. It, is the feeling of the firm this one person has 8 more control over the contractor and can more easily dictate 9 specifications in the contract for the final product . 10 11 This arrangement also accommodates the needs and concerns of 12 property owners more effectively . This engineering firm has a 13 successful history of monitoring projects in the fashion they 14 outlined in their proposal . 15 16 Councilmember Marks stated that the original plan was to have 17 a City Hall phone number available for citizen concerns . He 18 wanted to know .how this would fit in with RCM' s plans . 19 20 Mr . Carlson responded that his firm' s goal is to reduce the 21 calls to City Hall . They recommend they be directed to the on- 22 site engineer. He felt this would be effective in solving 23 problems on that level rather than having so many people 24 involved with phone calls and information . 25 26 Mayor Ranallo said that the plan is to direct the first 7 resident call to the on-site inspector . The information he deals with will be accessed by staff and passed on to members of the Council . 30 31 The Mayor suggested that a status report on the progress of 32 this project be a special agenda item at each Council Meeting. 33 34 A new draft of Resolution No. 93-048 was distributed to 35 members of the City Council by the City Manager. The new draft 36 included the name of the engineering firm. 37 38 39 Resolution No. 93-048 , Re: Receivina Feasiblity and Ordering 40 Plans for 1994 Street Improvements 41 42 Motion by Marks , second by Enrooth to adopt Resolution No. 93- 43 048 being a resolution receiving feasibility study and 44 ordering plans and including the firm of Reike Carroll Muller 45 Associates . 46 47 Motion carried unanimously 48 49 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 12 , 1993 3 PAGE 12 4 5 6 11 . ADJOURNMENT 7 8 Motion by Marks , second by Enrooth to adjourn the meeting at 9 8 : 35 -p.m. 10 1.1 Motion carried unanimously 12 13 Respectfully submitted, 14 15 16 Jo-Anne Student , Council Secretary 17 18 19 20 Mayor Clarence Ranallo 21 22 ATTEST: 23 City Clerk 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 1 CITY OF ST. ANTHONY REGULAR COUNCIL MEETING 4 5 OCTOBER 26 , 1993 6 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7: 00 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo and Councilmembers Marks, 17 Enrooth, Fleming and Wagner 18 19 Staff Present : City Manager Burt 20 21 22 3 . APPROVAL OF OCTOBER 26 , 1993 COUNCIL MEETING AGENDA 23 24 Motion by Marks , second by Er:--::_.th to approve the agenda for 25 the October 26, 1993 Council Meeting with the following 26 additions :. New Business (B) November 15th meeting with Commissioner 29 Hilary and November 17th meeting regarding the St . Anthony 30 Library future. 31 32 New Business (C) Planning Commission Applicant/Appointment 33 Discussion 34 35 Council Report (Mayor ' s Report ) Sump pumps 36 37 Unfinished Business (B) Status report on Apache, CUB, etc. 38 39 40 Motion carried unanimously 41 42 43 44 4 . APPROVAL OF MINUTES OF THE OCTOBER 12 , 1993 COUNCIL MEETING 45 46 Motion by Fleming, second by Wagner to approve the minutes of 47 the October 12, 1993 Council Meetings.; with-;: the; following 48 corrections: 49 50 • I REGULAR COUNCIL MEETING 2 OCTOBER 26 , 1993 • 3 PAGE 2 4 5 6 page 5, line 49: Correct "eighteen" to "twelve" 7 page 6 , line 9 : Insert between "the" and "group" the word 8 "DARE" 9 page 6, line 18 : Correct "Braslow" to "Braslau" and "St . 10 Anthony" to "Minneapolis" 11 12 Motion carried unanimously 13 14 15 David Braslau recently visited Finland and was able to spend 16 half of a day in Salo. Salo is St . Anthony' s Sister City. 17 18 Mr . Braslau met the Mayor of Salo and his wife for dinner . He 19 presented them with gifts from St . Anthony. He also gave them 20 a copy of the City ' s newsletter . There was an article in the 21 newsletter regarding St . Anthony ' s interest in building a new 22 City Hall . The Mayor found this quite interesting as this is -23 an interest of Salo' s leadership as well . 24 25 Mr . Braslau felt a new City Hall is unlikely in the immediate 26 future as the .economic conditions in Salo are very dire. The 27 unemployment rate is twenty percent compared with seventeen 28 percent in Finland. The economy was negatively impacted 29 because a large percentage of Finland ' s products were exported 30 to Russia and this has now stopped . 31 32 There have been two new shopping malls built in Salo, but Mr. 33 Braslau felt they may have a rather dismal future for success . 34 35 He toured the "Blue Horse" which is a cultural center in Salo 36 and includes a craft center, an art gallery, and shops . 37 38 Although Salo' s Mayor does not speak English, he can read it . 39 He would like to .establish a letter exchange between . Salo' s - 40 students and St . Anthony students . Mr . Braslau has met with 41 Dave -Abrahamson regarding this proposed exchange. 42 43 Mr . Braslau was thanked . for his report . 44 45 46 5 . LICENSES/PERMITS/PETITIONS 47 48 Motion by Wagner, second by Enrooth to approve the following 49 license applications : 50 I REGULAR COUNCIL MEETING OCTOBER 26 , 1993 40 PAGE 3 4 5 6 Contractors ' Licenses 7 8 B & B Sheetmetal & Roofing, Inc . of Buffalo, Mn . 9 Viking Automatic Sprinkler Company of St . Paul , Mn . 10 11 Heating Licenses 12 13 St . Cloud Refrigeration , Inc. of St . Cloud, Mn . 14 Modern Heating & 'Air Conditioning, Inc. of Minneapolis , Mn. 15 NewMech Companies, Inc. of St . Paul , Mn. 16 The Snelling Company of St . Paul , Mn . 17 Snell Mechanical , Inc. of' Bloomington , Mn . 18 19 Motion carried unanimously 20 21 . 6. PRESENTATION OF CLAIMS 22 23 Motion by Marks , second by Wagner to approve the following 24 claims : 25 26 A. Dorsey and Whitney Payment in the amount of $1 , 722 . 60 for legal services rendered 29 through September 30 , 1993 for various matters . 30 31 B. Hance & LeVahn 32 33 Payment in the amount of $2 , 400 . 00 for legal services rendered 34 regarding St . Anthony prosecutions for the month of October, 35 1993 . 36 37 C. Verified Claims 38 39 Payment of the two and a half pages of verified claims as 40 prepared by the- Finance Director. 41 42 43 Motion carried unanimously 44 45 7 . REPORTS 46 47 A. Council 48 49 1 . Report of Councilmember Wagner 50 1 REGULAR COUNCIL MEETING 2 OCTOBER 26 , 1993 • 3 PAGE 4 4 5 6 Councilmember Wagner stated he had read Councilmember 7 Fleming' s Letter to the Editor in a recent edition of the Star 8 Tribune. He felt it was well written and to the point . . 9 10 2 . Report of Councilmember Fleming 11 12 Councilmember Fleming distributed copies of her Letter to the 13 Editor to members of the Council . She noted that some 14 statistics and other items were edited out of her letter . Her 15 letter addressed the DARE Program. 16 17 Councilmember Fleming noted she received a letter from the 18 Minnesota DARE Director thanking her for her letter. She 19 phoned him to explain what had been omitted from her letter. 20 She also noted that the organization which opposes the DARE 21 Program is misinterpreting what the program is about . One item 22 of misunderstanding is dealing with parents who abuse drugs . 23 The focus is not for their children to turn them into the 24 authorities . 25 26 Councilmember Fleming attended the retirement reception for 27 Officer John McQueen where she presented him with a plaque • 28 from the Council . She read the thank you note received from 29 Officer McQueen . 30 31 Last week , Councilmember Fleming attended a meeting at the St . 32 Anthony branch of the Hennepin County libraries . She felt the 33 meeting was poorly attended at there was limited publicity and 34 advertising. 35 36 The purpose of the meeting was to discuss the proposed closing 37 of this branch library. There were one hundred and twenty 38 phone calls received regarding this proposed closing. Not all 39 of these calls may have been from St . Anthony residents as 40 many Northeast Minneapolis residents use this branch as well . 41 42 Councilmember Fleming explained that no Minneapolis tax 43 dollars are used for Hennepin County libraries . The City of 44 Minneapolis has its own library system. She also explained how 45 the libraries were selected for closing and how locations 46 relate to serve an area-specific population. 47 48 Mayor Ranallo felt taxes from St . Anthony residents should no 49 longer be used for the library system if this branch is 50 c.losed. • 1 REGULAR COUNCIL MEETING OCTOBER 26, 1993 0 PAGE 5 4 5 6 Councilmember Fleming noted that more children are needed for 7 the Wednesday "Read to Me" Program. 8 9 Councilmember Fleming attended the Fire Department ' s Open 10 House and found it fantastic . She especially felt the Safe 11 House was interesting. 12 13 3 . Report of Councilmember Marks 14 15 Councilmember Marks had nothing to report at this time. 16 17 4 . Report of Councilmember Enrooth 18 19 . Councilmember Enrooth addressed "age regression" as recently 20 stated in three papers which serve the City of St . Anthony. 21 22 5 . Report of Mayor Ranallo 23 24 Mayor Ranallo taped his "Mayor ' s Report" on October 13th . He 25 cited the series of problems related to the actual taping. He 26 also noted this tape has not aired yet and it ' s timeliness has 0 passed. ; 29 Although the cable televising is volunteer driven., members of 30 the Council felt it should have a faster production schedule. 31 This matter will be discussed at the next Cable Commission 32 Meeting. Mayor Ranallo is the City ' s representative to this 33 Commission. 34 35 Members of the Council suggested the Mayor request an 36 explanation as to why actual production, editing and airing 37 take so long. 38 39 6 . Proclamation, Re: Community Education Day 40 41 Motion by Marks , second by Enrooth to approve the proclamation 42 designating November 16, 1993 as Community Education Day in 43 the City of St . Anthony. 44 45 Motion- carried unanimously 46 47 7 . Sump Pumps 48 49 The Mayor advised he has received some phone calls regarding 50 sump pumps . 1 REGULAR COUNCIL MEETING 2 OCTOBER 26., 1993 • 3 PAGE 6 4 5 6 Councilmember Enrooth stated there is a grant program being 7 made available for those property owners who have to make 8 changes in their homes regarding their sump pumps . 9 10 The City Manager advised this grant money was being made 11 available by the Metropolitan Waste Control Commission (MWCC) . 12 The grant application submitted by St . Anthony had been 13 rejected as the MWCC has focused on immediate effectiveness 14 rather than long term. 15 16 Mayor Ranallo had heard from some real estate agents they were 17 not informed of this ordinance requirement regarding sump 18 pumps . 19 20 The City Manager stated that this information was first made 21 available in the September 1992 City newsletter . Since then 22 there have been numerous handouts available and articles 23 written about this subject . 24 25 Discussion continued regarding who is responsible for 26 informing property owners and buyers of homes . The question of 27 enforcement was also considered. 28 29 The City Manager was requested to have the City Attorney 30 review the ordinance and prepare his observations by the 31 December Council work session . 32 33 B. City Manaaer ' s Report 34 35 The -City Manager met with representatives of the City of New 36 Brighton and Ramsey County regarding the plans for Silver Lake 37 Road. The plans will be reviewed by the respective City 38 Councils and then neighborhood informational meetings will be 39 held . 40 41 Presently, the drainage plans are not complete but they will 42 be before the neighborhood meetings are scheduled. No .43 construction timetable is available at this time . 44 45 8 . PUBLIC HEARINGS 46 47 There were no public hearings . 48 49 9. NEW BUSNESS 50 1 REGULAR COUNCIL MEETING OCTOBER 26 , 1993. PAGE 7 4 5 6 A. Resolution No. 93-061 , Re : Road Maintenance Services with 7 Hennepin County 8 9 The City Manager explained that Hennepin . County pays St . 10 Anthony to maintain the county state aid highways . They have 11 requested that the sweeping be increased to four times each 12 year and to include sweeping of the shoulder adjacent to the 13 roadway. 14 15 Motion by Marks , second by Wagner to approve Resolution No. 16 93-061 being a resolution authorizing the Mayor and City 17 Manager to execute the agreement between Hennepin County and 18 the City of St . Anthony for road maintenance services . 19 20 21 Motion carried unanimously - 22 23 24 B. Hennepin County Meeting, Re: St . Anthony Library 25 26 On November 15th, Hennepin County Commissioner Hilary will be holding a meeting in St . Anthony for community input . Another meeting is scheduled for November 17th at 1 : 30 p.m. in the ; 29 Board Room of the Hennepin County Commissioners . This meeting 30 will be specifically discussing the future of the library 31 system and the library sites .proposed to be closed . 32 33 Members of the Council felt if a delegation attends the 34 meeting .on November 17th there must be a plan of action 35 developed to argue St . Anthony' s position to retain the 36 library. 37 38 Councilmember Wagner advised that the Hennepin County Board of 39 Commissioners decreased the Library Board ' s budget on its 40 administrator ' s recommendation. The Library Board makes its 41 recommendation to the Board of Commissioners as to how these 42 decreases can be implemented. 43 44 The City Manager noted that instead of reducing services 45 across the board, the Library Board recommended that certain 46 libraries be closed in Hennepin County. 47 48 Mayor Ranallo inquired how much of St . Anthony taxes are paid 49 to Hennepin County and the services received. 50 I REGULAR COUNCIL MEETING 2 OCTOBER 26, 1993 , 3 PAGE 8 4 5 6 Councilmember Enrooth stated that thirty percent of the City ' s 7 taxes go to Hennepin County. 8 9 Councilmember Marks felt that a library adds to the quality of 10 life in any community. 11 12 Mayor Ranallo requested the City Manager to - draft some 13 information to be presented at the November 17th meeting by 14 the next Council work session . 15 16 Councilmember Fleming suggested that members of . the Council 17 also contact the other Hennepin County Commissioners . 18 19 Mayor Ranallo requested Councilmember Fleming to draft a 20 letter for the next Council Meeting to address this issue. 21 22 The 'City Manager also stated he will request Dave Abrahamson 23 to send a notice home with the school children regarding the 24 proposed library closing and the informational meeting. 25 26 C. Plannina Commission Appointment 27 28 Mayor Ranallo noted that all three applicants were again ; 29 interviewed. 30 31 Councilmember Fleming felt the appointment should be made at 32 this meeting. She noted the City Manager had referred to an 33 opening on the Recycling Commission . Two of the applicants had 34 expressed an interest in this appointment if they were not 35 appointed to the Planning Commission . Councilmember Marks 36 agreed with Councilmember Fleming. 37 38 Councilmember Enrooth suggested this would more appropriately 39 be discussed and debated at a Council work session in his 40 view. 41 - 42 Motion by Marks, second by Wagner to appoint Kendra L. Brooks 43 to fill the unexpired term on the Planning Commission . 44 45 Mayor Ranallo noted that Ms. Brooks has only been a resident 46 of St . Anthony for thirteen months. Councilmember Fleming felt 47 she had a very good_ background but her residency was too short 48 to be qualified. 49 50 • 1 REGULAR COUNCIL MEETING OCTOBER 26 , 1993 PAGE 9 4 5 6 The Mayor observed that the Comprehensive Plan and pertinent 7 issues had been researched by Chris Makowske . Councilmember 8 Enrooth again stated his position that this matter should be 9 discussed at a Council work session . 10 11 Roll call : Marks , Wagner - aye 12 Enrooth, Fleming, Ranallo - nay 13 14 Motion fails 15 16 Motion by Fleming, second by Ranallo to appoint Chris Makowske 17 to fill the unexpired term on the Planning Commission . 18 19 Roll call : Marks , Fleming, Wagner, Ranallo - aye 20 Enrooth - nay 21 22 Motion passes 23 24 10 . UNFINISHED BUSINESS 25 A. Ordinance No. 1993-013 ; Re: Amusement Devices ( third reading) c 29 Motion by Marks , second by Enrooth to approve the third 30 reading and adoption of Ordinance No. 1993-013 being - an 31 ordinance relating to amusement devices.; amending Section 32 505. 02 of the 1993 St . Anthony Code of Ordinances . 33 34 Motion carried unanimously 35 36 B. Status Report - CUB Store/Apache Plaza 37 38 The City Manager advised he will be meeting within the next 39 ten days with Dennis Cavanaugh of the C. G. Rein Company 40 (owner of Apache Plaza Shopping Center) , Mayor Ranallo and 41 representatives of Super Valu stores . This meeting will focus 42 on the progress of the CUB Store proposed for location at the 43 Apache Shopping Center. 44 45 Councilmember Marks inquired if this meeting would help the 46 situation or . hinder it . It was the opinion of Councilmember 47 Enrooth that a meeting could only help.. He felt the rumors 48 must be responded to or laid to rest . 49 50 1 REGULAR COUNCI.L. MEETING 2 OCTOBER 26, 1993 3 PAGE 10 4 5 6 It was noted that a Tax Increment District had already been 7 established although there had been no development plan put 8 into place. The District would remain even if the proposed 9 store was not built . 10 11 12 11 . ADJOURNMENT 13 14 Motion by Marks, second by Wagner to adjourn the meeting at 15 8 : 20 p.m. 16 17 Motion carried unanimously 18 19 20 21 Respectfully submitted, 22 23 24 Jo-Anne Student , Council Secretary 25 26 27 28 Mayor Clarence Ranallo 29 30 31 32 ATTEST: 33 City Clerk 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 MEMORANDUM DATE: November 10, 1993 FROM: Thomas D. Burt, City Manager TO: Planning Commissioners SUBJECT: GROUND SIGNS • With the recent request from Goodyear for a change in their ground sign, I began to review the existing ground signs and questioned if the maximum 32 square feet of sign surface area is appropriate. The Hardees ground sign has approximately 86.64 total square feet; the Pizza Hut has a ground sign with 62.8 square feet total area; and Baker's Square has a ground sign of 56.18:total square feet. This means that these signs are now non— conforming and these businesses are only able to. maintain their signs. The present ordinance does not give them an opportunity to improve upon their signs. Staff is seeking direction from the Planning Commission on this issue. • (10) Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the • building height, including any difference from the established grade, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or the Manager's designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within 30 days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one year of its issuance, or renewed. Application for renewal will consist of the same procedures as.the initial application for permit, including payment of any fee. Subd. 5. Shopping Centers/Strip Mall ComRrehensive Sign Plan. A comprehensive plan must be provided for the whole of a shopping center development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan • approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of,this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission who will forward a recommendation to the Council on the appropriateness of the proposed plan. 1400.10 Ground Signs. Are permitted in all districts, subject to the following: Subd. 1. Permit Application. A permit is applied for in accordance with Subsection 1400.09. Subd. 2. Height: (1) The sign does not exceed 5 feet in height , except as permitted under Subd. 4 of this Subsection. (2) The berming of a sign location will be considered in the height of a sign if the berm is more than 3 feet in height. i . 14-11 (3) For every foot a sign is less than the maximum height permitted, there will be allowed an additional 4 square feet of sign surface • area, up to a total of 12 additional square feet. Subd. 3. Surface Area: (1) Signs having one copy surface may have up to 20 square feet of surface area, plus any bonus under Section 1400.10. (2) Signs having two or more copy surfaces may have up to 32 square feet for all surfaces, plus any bonus under Section 1400.10. Subd.4. Landscaping_ _ (1) Signs which are landscaped in accordance with this Chapter, will be entitled to a height bonus of 3 feet (total maximum height of 8 feet). (2) The minimum required landscape area, excluding the pedestal area to qualify for the height bonus, must be at least 1.5 times the sign surface area. (3) * Landscaping must consist of shrubs, plants, rocks or other decorative materials located around the pedestal. Subd.5. Design and Location: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. (2) Signs must be located at least 15 feet from any street or other easement. (3) To qualify for a permit, the pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the number of tenants in the structure. 1400.11 Wall Signs. The sign surface area of a wall sign may not exceed 15% of.the area of the wall to which it is applied. 14-12