HomeMy WebLinkAboutCC MINUTES 12101991 Meeting Sheet
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Box: 19
Folder. CC MINUTES AND AGENDAS 1991
Document: CC MINUTES 12101991
• CITY OF ST. ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 DECEMBER 10, 1991
6
7
8 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The Council Meeting was called to order at 7:30 p. m. and
11 the Pledge of Allegiance was led by Mayor Ranallo.
12
14 2. ROLL CALL
15
- 16 Council Present : Mayor Ranallo, Councilmembers Enrooth,
17 Marks, Fleming and Wagner.
18
19 Staff Present : City Manager Burt, City Attorney Soth and
20 Management Assistant Ur_bia.
21
22 Mayor Ranallo requested that anyone attending the meeting
23 seated in the audience step to the podium to make
24 comments or to ask a question. He noted that at prior
25 meetings comments were made. from the audience. This
practice was disruptive to the proceedings of the meeting
and were difficult to record.
28
29
30 3. APPROVAL OF DECEMBER 10, 1991 COUNCIL AGENDA
31
32 Motion by Marks, second by Enrooth to approve the agenda
33 for the December 10, 1991 Council Meeting with the
34 following_ additions:
35
36 Add to Presentation of Claims the invoice received from
37 Dorsey & Whitney which was distributed to the Council.
38
39 Add to New Business the . letter received from the City
40 Attorney, Bill Soth, regarding the traffic signal at 37th
41 and Stinson Boulevard
42
43 Add to Council Reports the issue of parking and snow
44 removal.
45
46 Motion carried unanimously
47
48
49 4. APPROVAL OF NOVEMBER 26, 1991 COUNCIL MINUTES
50
Motion by Marks, second by Wagner to approve the minutes
of the November 26, 1991 Council Meeting with the
53 following corrections:
54
REGULAR COUNCIL MEETING
DECEMBER 10, 1991
3 PAGE 2
4
5
6 page 2, line 40: The second was made by "Ranallo"
7 page 7, line 47: Insert the following sentence, "The
8 Public Hearing . was closed at 8:55 p. m. "
9 page 10, line 32: The date of the "19th" should be
10 corrected to the "9th"
11 page 10, line 39: Insert between "there" and "funds" the
12 word "are"
13
14
15 Motion carried unanimously
16
17
18
19 5. LICENSE/PERMITS/PETITIONS
20
21 Contractor's License
22 Motion by Marks, second by Wagner to approve the
23 contractor's license for Minnesota Rusco, Inc. of Edina,
24 Minnesota.
25
AMotion carried unanimously
28
29
30 Service Station License
31 Motion by Marks, second by Wagner to approve the service
32 station license for Stop 'N' Shop located at 3813 Stinson
33 Boulevard.
34
35
36 Motion carried unanimously
37
38
39 Cigarette License - Retail
40 Motion by Marks, second by Wagner to approve the
41 cigarette license - retail for Stop 'N' Shop located at
42 3813 Stinson Boulevard.
43
44
45 Motion carried unanimously
46
47
48 3. 2 Beer "Off Sale"
49 Motion by Marks, second by Wagner to approve th 3. 2 beer
50 "off sale" license for Stop 'H' Shop located at 3813
5 Stinson Boulevard.
5
54 Motion carried unanimously
REGULAR COUNCIL MEETING
DECEMBER 10, 1991
3 PAGE 3
4
5
6 6. PRESENTATION OF CLAIMS
7
8 A. Hance and LeVahn
9 Motion by Marks, second by Enrooth to approve
10 payment in the amount of $2, 400. 00 for legal
11 services rendered for the month of November, 1991.
12
13 _
14 Motion carried unanimously
15
16
17 B. Dorsey & Whitney
18 Motion by Marks, second by Wagner to approve
19 payment in the amount of $1, 947. 80 for legal
20 services rendered through October 31, 1991 for
21 various matters pertinent to the City of St.
22 Anthony.
23
24 Motion carried unanimously
25
20 C. Verified Claims
28 Motion by Marks, second by Fleming to approve
29 payment of the two and one half pages of verified
30 claims as submitted by the Financial Director.
31
32
33 Motion carried unanimously '
34
35
36 7. REPORTS
37
38 A. Planning Commission Report - November 19, 1991 Meeting
39
40 Commissioner Jerry Faust was at the meeting representing
41 the Planning Commission.
42
43 He stated that the minutes in the agenda packet of the
44 November 19, 1991 Planning Commission accurately
45 reflected the proceedings of that meeting.
46
47 1. Sign Variance - J. C. Penney, Apache Plaza
48
49 J. C. Penney is requesting a sign variance to add their
50 company name to the Apache Plaza Shopping Center pylon
5 sign with the Herberger name. The sign had been erected
in 1987 at which time the C. G. Rein Company, the firm
53 which manages Apache Plaza, had stipulated that no other
54 tenant names would be added to the sign until Herberger's
REGULAR COUNCIL MEETING
DECEMBER 10, 1991
3 PAGE 4
4
5
6 lease expired.
7
8 J. C. Penney is requesting the sign based on the poor
9 visibility the store has from Silver Lake Road, Stinson
10 Boulevard and surrounding thoroughfares.
11
12 Ron Hergers, Manager of Herberger's and President of the
13 Apache Plaza Merchants, had, previously stated his support
14 of adding the J. C. Penney ame to the pylon sign. It was
15 also noted at the Commission Meeting that by adding the
16 name of the second largest tenant in the shopping mall,
17 it added credibility to the mall itself. Some felt this
18 mall has been viewed as more of a neighborhood center
19 than a regional center.
20
21 Commissioner Faust advised that much of the discussion at
22 the Planning Commission meeting focused on economic
23 considerations in light of today's economy in retail
24 businesses as well as what other requests may be made by
25 present or future tenants at the Apache Plaza for signage
outside of the shopping center. The Commission concluded
there is a need for a comprehensive sign plan for St.
28 Anthony.
29
30 Councilmember Marks requested that the hardship
31 conclusions be reviewed again by -Commissioner Faust for
32 a better understanding by the Council.
33
34 Commissioner Faust referred to the current ecomomics of
35 today in retail business but noted that this. was not the
36 sole consideration for recommending approval of the sign
37 variance. He stated that two members of the Commission
38 did not support economics as a hardship in that they felt
39 this would not meet the test of the statute.
40
41 Councilmember Marks inquired of the City Attorney if this
42 sounds like a hardship. He responded that the most
43 pursuasive factor was that of the size of the Shopping
44 Center. He noted that some stores truly do not have
45 visibility of some other locations; the shopping center
46 is set apart from some other properties; and there are
47 some other unusual circumstances. It was his opinion that
48 the test to be met is, "Will this store survive without
49 that visibility ?"
50
Councilmember Marks felt the application of ordinances to
Apache Plaza Shopping Center was a challenge .in that it
53 is unique and unusual.
54
REGULAR COUNCIL MEETING
DECEMBER 10, 1991
3 PAGE 5
4
5
6 Mayor Ranallo observed that other stores in the Center
7 have signs on the outside and have frontage which is
8 visible from the surrounding streets. He also noted that
9 Herberger's has indicated no objection to having the J. C.
10 Penney name added to' the pylon sign and felt this would
it be an enhancement to the sign.
12
13 Bernie .Webber, _ a_ resident of the City, expressed concern
14 regarding approval of this variance request. He suggested
15 that many other stores in the community will be
16 requesting sign variances for similar reasons. He felt
17 the Council would be setting a precedent.
18
19 Commissioner Faust referred to the discussion regarding
20 development of a comprehensive sign ordinance which was
21 initiated by Councilmember Wagner when he served on the
22 Planning Commission. It was recommended that merchants
23 and property owners cooperate on working together on a
24 sign ordinance revision. The Mayor also stated that the
25 City Council intends to take action on the recommendation
aof the Planning Commission to revise the sign ordinance.
28 Dennis Cavanaugh, President of C. G. Rein, Managing
29 Partners of Apache Plaza, stated that perhaps the present
30 sign ordinance is a hardship for Apache Plaza. He gave
31 the dimensions of the entire shopping center and its
32 points of ingress and egress and noted that with all of
33 this space, there is only one pylon sign for the entire
34 shopping center. - He stated his support for a
35 comprehensive sign ordinance for Apache Plaza Shopping
36 Center.
37
38 The City Manager noted that staff prefers no variances.
39 He stated to redo the sign ordinance will take some time
40 but hoped it will be developed by Spring. Copies of the
41 first draft of the revised sign ordinance will be sent to
42 representatives of Apache Plaza, St. Anthony Shopping
43 Center and the Chamber of Commerce.
44
45 Councilmember Fleming suggested that the Chamber of
46 Commerce should be encouraged to actively support the
47 revised sign ordinance.
48
49 Motion by Marks, second by Fleming to approve the request
50 for a sign variance from the J. C. Penney Company for two,
5 five foot, nine inch by twenty feet, J. C. Penney signs to
be mounted on the existing Apache Plaza Shopping Center
5 freestanding sign located on Silver Lake Road; said signs
54 to be located as proposed below the existing Apache Plaza
REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 6
4
5
6 lettering and above the two Herberger's signs of the same
7 size; that the application meets the three tests
8 established by Minnesota Statute and that no one appeared
9 at the public hearing held by the Planning Commission or
10 contacted staff before the hearing to speak against the
11 variance.
12
13 Motion carried unanimously
14
15
16 2. Comprehensive Sign Plan - Stop-N-Shop Superette, 3813
17 Stinson Boulevard
18 The applicants originally proposed an eight foot by ten
19 foot main sign and a four foot by four foot price and
20 gasoline brand sign. They brought this proposal to the
21 Planning Commission who advised them to modify the size
22 of the signs and return with their revised plan.
23
24 They are now requesting permission to erect one pylon
25 sign to identify the gasoline brand which will be located
29 along 3813 Stinson Boulevard and requires variances for
2 size, number of signs and ground clearance height. Also
28 included in the comprehensive sign plan is a monument
29 sign, ingress/egress signs, and building signage. It was
30 noted that the only reason for the monument sign was to
31 let passersby know what businesses were there.
32
33 Staff advised that the Council could take action on
34 Detail "A" as submitted by the applicant but could not
35 act. on Detail "B" as this strip mall does not meet the
36 square footage requirement of the City ordinance which
37 defines a shopping mall.
38
39 In 1989, the City Council adopted a new definition under
40 which this 7, 700 square foot building could not qualify
41 as a shopping center as the City ordinance sets a minimum
42 requirement of 18, 000 square feet.
43
44 Members of the Planning Commission have recommended that
45 the City Council address in the new Sign Ordinance
46 shopping centers smaller than 18, 000 square feet which
47 are not addressed in the draft ordinance presently being
48 reviewed.
49
50 Commissioner Faust felt this figure of 18, 000 square feet
had no particular reason behind it but was an arbitrary
figure. Councilmember Wagner recalled it had been
53 selected to accommodate an existing mall.
54
• REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 7
4
5
6 Motion by Marks, second by Wagner to approve the sign
7 variance request for the pylon sign allowed by the City's
8 Sign Ordinance to a gas station under Section 430:40,
9 Subdivision B2, finding that the request meets the three
10 statutory requirements and no one appeared to speak
11 against the variance.
12
13 Councilmember Wagner expressed a concern that this sign
14 not be located where it would interfere with traffic
15 lights or pedestrian crosswalks.
16
17 The City Manager advised that it will not be blocking any
18 lights nor in the pedestrian walkway.
19
20
21 Motion carried unanimously
22
23
24 Mayor Ranallo feels all signs should be worked on and
25 requested that the Chamber of Commerce and the Merchants'
Associations of the two shopping centers in the City be
contacted for input.
28
29 Councilmember Enrooth concurred that all signs in the
30 City should be addressed and noted that there seems to be
31 endless requests for variances and haggling over signs.
32
33 The City Manager will contact local business people for
34 input as well. The Mayor requested the City Manager to
35 contact the former City Manager, Dave Childs and Larry
36 Hamer, Public Works Director, for assistance also.
37
38 Commissioner Faust stated that the Planning Commission
39 was very impressed with the developers of the Stop-N-Shop
40 shopping mall and with their presentation.
41
42
43 B. COUNCIL REPORTS
44
45 Report of Mayor Ranallo
46 The Mayor advised he has received a number of phone calls
47 regarding parking of vehicles on the streets where there
48 is a great deal of snow.
49
50 The City Manager stated that snow removal has been a slow
process this year with the quantity of snow in such a
short time and the front end loader was out of service
53 due to mechanical failures. He noted that the snow must
54 be moved back from the street and that overnight parking
• REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 8
4
5
6 of automobiles has caused considerable delay. Tickets
7 have been written but more enforcement of the snow bans
8 needs to be put into effect. There is limited space to
9 deposit snow once it has been cleared from the streets.
10
11 The Mayor recalled that in previous years, City crews had
12 put up small signs which stated there would be no parking
13 on specific streets until all the snow removal- had been_
14 completed. Councilmember Enrooth noted that tis may be
15 a record setting year for snow and people need to have a
16 perspective.
17
18 Motion by Ranallo, second by Fleming to direct staff to
19 push back snow wherever possible and that unsafe
20 conditions be addressed by temporary "No Parking" signs.
21
22 In the City of Bloomington, there is no parking on City
23 streets until all of the snow has been removed.
24
25
Motion carried unanimously
28
29 The Mayor attended the retirement party for Whitey
30 Johnson, who is retiring from the Public Works
31 Department. He noted that there were many positive
32 comments regarding the work of that department.
33
34 The swearing-in of newly-elected or re-elected Council
35 will be arranged by - the City Manager according to what
36 the Council desires.
37
38
39 Report of Councilmember Wagner
40 Councilmember Wagner had nothing to report at this time.
41
42
43 Report of Councilmember Fleming
44 Councilmember Fleming had nothing to report at this time.
45
46
47 Report of Councilmember Marks
48 On December 5th, Councilmember Marks attended the Board
49 Meeting of the St. Anthony Orchestra. Boardmembers were
50 elected at that -meeting.
On December 10th, Councilmember Marks attended the
53 Chamber of Commerce Board Meeting representing Mayor
54 Ranallo. Distributed at the meeting was an information
REGULAR COUNCIL MEETING
DECEMBER 10, 1991
3 PAGE 9
4
5
6
7 booklet and the treasurer's report.
8
9 He advised that a crucial issue facing the Chamber was
10 that of the "Shop St. Anthony" Campaign.
11
12 Currently, there are no merchants serving on the Campaign
13 Committee and it was felt this was a detriment to its
14 success. The Chamber Board authorized up to $1, 000 of
15 "St. Anthony Dollars" in matching money.
16
17 The Mayor noted that $1, 000 has been committed from both
18 the St. Anthony Shopping Center Merchants Association and
19 from the Apache Plaza Merchants Association. He had
20 understood that the Chamber of Commerce intended to
21 contribute $2, 000 to be used for "St. Anthony Dollars. "
22
23 These "Dollars" are given away at various community and
24 school functions to encourage patronage of local
25 businesses which participate in the Campaign. The Mayor
2 felt that there were no merchants serving on the Campaign
Committee because of a procedural problem. He also
28 expressed his frustration with the roadblocks which
29 appear to deter the success of this Campaign.
30
31 The City Manager advised he has volunteered the
32 assistance of Dave Urbia, the City's Management
33 Assistant, for the Campaign. He will assist in the
34 advertising and securing sponsors. He noted that
35 merchants had appeared very enthusiastic about the
36 Campaign.
37
38 Councilmember Marks stated that one of the Co-
39 Chairpersons of the Village Fest for 1991 had indicated
40 her doubt that this affair will continue for lack of a
41 leader. He assured her someone will come forth to chair
42 the event.
43
44
45 Report of Councilmember Enrooth
46 Councilmember Enrooth advised that only six people
47 attended the December 9th Village Feet meeting and no one
48 in attendance volunteered to chair the event. There may
49 be a person volunteer for this position at the January
50 meeting.
51
50
54
• REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 10
4
5
6
7 C. CITY MANAGER'S REPORT
8
9 1. Southend Task Force
10 The City Manager stated that the December 9th meeting of
11 the Southend Task Force was well attended.
12
13 This meeting served as an introduction to what the Task
14 Force expected from the BRW Study. They are looking
15 farther that just a small study. They. indicated they want
16 the BRW study expanded and not be just site specific.
17 The City Manager felt the discussion held by the Task
18 Force was very positive especially when it was looking at
19 the expansion of the Kenzie Terrace Corridor to the east, .
20 west and south.
21
22 The next meeting of the Task Force is scheduled for
23 January 16th. Zoning maps have been sent to all members
24 of the Task Force and these will be examined before a
25 planner comes on board.
A
28 2. Barr Enaineerina
29 The consulting services of Barr Engineering were employed
30 to perform a study on the additional costs for District
31 #6 drainage relative to Highway #88.
32
33 The City Manager advised that costs have risen $4, 200
34 over the original $25, 000 and that about $7, 800 is needed
35 for the study. He feels that Barr Engineering did an
36 outstanding job on the study.
37
38 Motion by Marks, second by Fleming to authorize an
39 additional $7, 800 for an extension of the contract with
40 Barr Engineering.
41
42
43 Motion carried unanimously
44
45
46 The City Manager advised that a public hearing/forum is
47 scheduled for January 28th regarding the above matter.
48 This will be held before the Regular Council Meeting
49 which will most likely be convened at 9:00 p. m.
50
Mayor Ranallo observed that many decisions must be made
on this project and as much input from residents as
53 possible should be encouraged. He noted that many
54 residents leave the area in the winter months and
REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 11
4 .
5
6 scheduling informational meetings for those who will not
7 be in town for the meeting on the 28th should be
8 considered.
9
10 Councilmember Enrooth stated that all options presented
11 may not be pursued very quickly and he suggested that a
12 timeline for the project be prepared for presentation at
13 the meeting on January 28th. He felt this would be
14 helpful in relaying the message that this project cannot
15 be expected to be completed right away.
16
17 Councilmember Wagner suggested that a summary of the
18 information being presented at the January 28th meeting
19 be printed in the local newspapers. The City Manager
20 advised that the public notice which was included in the
21 Council agenda packet for this evening's meeting will be
22 run in all three community newspapers.
23
24 The Mayor requested the reporter from the Bulletin to
25 write an article so the meeting will receive more
publicity. It was felt a direct mailing to all of the
City's residents would be very costly.
28
29
30 3. December 24th Council Meeting Change
31 The City Manager advised that there is no urgent Council
32 business scheduled for the December 24th regular Council
33 meeting.
34
35 Motion by Marks, second by Wagner to cancel the December
36 24, 1991 Regular Council Meeting.
37
38
39 Motion carried unanimously
40
41
42 On January 7, 1992 there is a Council Work Session
43 scheduled and January 14, 1992 is the next regularly
44 scheduled Council Meeting.
45
46
47 8. PUBLIC HEARINGS
48
49 There were no public hearings.
50
54
9. NEW BUSINESS
53
54
REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 12
4
5
6 A. Resolution No. 91-051 ; Re: Repeal of Presidential
7 Primary
8
9 Motion by Fleming, second by Enrooth to approved
10 Resolution No. 91-051 being a resolution calling for the
11 repeal of the Presidential Primary.
12
13
14 Motion carried unanimously
15
16
17 B. Resolution No. 91-052; Re: Traffic Signal at 37th and
18' Stinson Boulevard
19
20 A letter, dated December 10, 1991, was received from Bill
21 Soth, the City Attorney, regarding the agreement between
22 Hennepin County, the City of Minneapolis, the City of
23 Columbia Heights and the City of St. Anthony. All of
24 these governmental entities are involved in this traffic
25 control signal system.
The letter stated he had reviewed the proposed agreement
28 and included his comments regarding certain paragraphs in
29 the agreement' and relative to the project.
30
31 Motion by Marks, .second by Enrooth to approve Resolution
32 No. 91-052 being a resolution authorizing the Mayor and
33 City Manager to execute the agreement for participation
34 in the construction and operation of traffic control
35 signal system.
36
37
38 Motion carried unanimously
39
40
41 C. Resolution No. 91-053; Re: City Manaaer's 1992 Salary
42
43 The effective date of this salary adjustment is December
44 16, 1991.
45
46 Motion by Marks, second by Wagner to approve Resolution
47 No. 91-053 being a resolution authorizing the employment
48 and 1992 salary of Thomas D. Burt, St. Anthony City
49 Manager.
50
Motion carried unanimously
53
54
REGULAR COUNCIL MEETING
2 DECEMBER 10, 1991
3 PAGE 13
4
5
6
7 10. UNFINISHED BUSINESS
8
9 There was no unfinished business.
10
11
12 11. ADJOURNMENT
13, - -
14 Motion by Enrooth, second by Marks to adjourn the Council
15 Meeting at 8:40 p. m.
16
17
18 Motion carried unanimously
19
20
21
22
23
24
25 Respectfully submitted,
28
29 Jo-Anne Student, Council Secretary
30
31
32
33 Mayor Clarence Ranallo
34
35
36 '
37 ATTEST•
38 City gflerk
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