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HomeMy WebLinkAboutPL PACKET 07181989 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100431 Box: 15 Folder: PL PACKETS 1989 Document: PL PACKET 07181989 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA JULY- 18, 1989 7:30 P.M. COUNCIL CHAMBERS I. Call to Order. II. Roll Call. III. Minutes. • A. Planning Commission - June 20, 1989. IV. Designate Commission Representative to the Council Meeting on July 25, 1989. V. Public Hearings. A. 7:35 P.M. - META Operating Partnership for 2701 Kenzie Terrace, variance request. VI. Miscellaneous. VII. Adjournment. • o a PLANNING COMMISSION MINUTES 3 JUNE 20, 1989 4 The meeting was - opened at 7: 30 P.M. with the Pledge of Allegiance led 5 by Chair Madden. 6 ROLL CALL 7 Present: Brownell, Franzese, Hansen, London, Madden, Wagner. 8 Absent: Werenicz . 9 Also present: Susan VanderHeyden, Acting City Manager. 10 MAY 16, 1989 PLANNING COMMISSION MINUTES 11 Motion by Hansen, seconded by Brownell to approve with the following 12 changes: 13 Page 1 , line 18: Change 11156" to 1115 or 16 . " 14 Page 4 , line 10: Delete word "at. " 5 Page 6 , line 27: Add "is" between "which" and "no. " Page 7 , line 42: Add word "or" after "facility. " 7 Page 10, line 5: Change "wwill" to "will. " 18 Motion carried .unanimously. 19 COMMISSIONER WAGNER TO REPRESENT PLANNING COMMISSION AT JUNE 27, 1989 20 COUNCIL MEETING 21 PUBLIC HEARINGS 22 Burlington Northern Metro Community Credit, 2500 Highway 88 - Sign 23 Variance Request 24 Chair Madden introduced the request from Burlington Northern Metro 25 Community Credit for a sign variance to .change the existing copy on the 26 two signs located at the northeast and southwest roof of the drive- 27 through teller facility from 32 square feet (16 square feet each) to 28 144 .25 square feet (72.12 square -feet each) . This request is based on 29 a name change to include the word "Community." The signage would be 30 rearranged to a two-line layout so as to include the name change. No 31 one present reported failure to receive the notice or objected to its 32 content. 33 Staff Report Chair Madden pointed out that the petitioner already has a wall sign which reads, "BN Metro Credit Union, Savings Account, Loan Service, 36 Traveler's Checks, Direct Deposit, IRA, Checking, Drive-up Teller." f 1 Acting City Manager VanderHeyden informed the Commission that the • 2 petitioner is allotted 150 square feet of signage. She stated that 3 signage on the drive-through was chosen in lieu of a sign on Northgate 4 Office Park Building, and such a variance was granted in October of 5 1986. 6 Chair Madden opened the public hearing at 7:37 P.M. 7 Frank Stieve, Treasurer-Manager of Burlington Northern Community Credit 8 Union 9 Al Sterner, Attracta Sign 10 Mr. Stieve stated that the petitioner, a State-chartered credit union, 11 had recently been authorized by the State of Minnesota to increase the 12 size of their operations to that of a community credit union serving St. 13 Anthony, MoundsView, New Brighton, Arden Hills, Shoreview, and most of 14 Roseville. He explained that the sign referred to by Chair Madden is 15 an obscure sign located on the night depository. He presented 16 photocopies of the proposed signage to the Commission, and introduced 17 Al Sterner from Attracta Signs, who has been commissioned to make the 18 new signage. 19 Commissioner Franzese asked whether the dimensions of the individual 20 letters would be increasing. Mr. Sterner responded that he believed the 21 existing letters were ten or twelve inches high, and that to add the 22 word "Community" to the existing letters required two lines rather than 23 one, resulting in increased square footage. He pointed out that the 24 proposed signage will exceed 140 square feet because it is, in effect, 25 a double-faced sign visible from both the north and the south. 26 Mr. Sterner then indicated that the signage referred to by Chair Madden 27 consists of individual vinyl letters mounted on the wall at the night 28 depository. That lettering is the only lettering designating the 29 petitioner's occupancy of the premises. He stated that that lettering 30 is not adequately visible, and that the petitioner would like to 31 increase the visibility of signage designating its occupancy as well as 32 represent its correct name to the public. He proposed that the sign be 33 brown or bronze letters on an ivory background panel. 34 Chair Madden restated Commissioner Franzese's question regarding the 35 dimensions of the individual letters. Acting City Manager VanderHeyden 36 responded that the size of the old and the new letters is twelve inches 37 in height, and indicated that the increased height results from the 38 background panel. Mr. Sterner explained that he had figured that square 39 footage by measuring the amount of space the letters themselves would 40 take up without the background panel, and suggested that cutting the 41 background panel down to size would spoil the aesthetics of the sign. 42 Commissioner Hansen suggested that the word "Community" would in fact 43 fit on the same line with the existing words in the sign. He questioned 44 whether the intent of the petitioner was not only to correctly identify • 2 1 the business but to obtain more visibility by means of the sign. Hansen noted that increased visibility was not stated in the request as a reason for requiring the proposed signage, although the petitioner had 4 just indicated in his hearing testimony that two colors would increase 5 the visibility of the sign. Hansen stated that he_ agreed that the sign 6 as it now exists is not very visible, but one of the reasons he voted 7 for the original October, 1986, variance was that the sign was not a 8 gaudy, two-color, 144 square foot sign. 9 Mr. Sterner reviewed the fact that the letters are twelve inches high 10 and that the sign was 24 feet wide. Commissioner Hansen indicated that 11 there was no dispute as to how the measurements were arrived at. He 12 restated his question as to whether the petitioner's intent was merely 13 to update the sign or to gain more visibility. He stated that he would 14 support the addition of the word "Community" but that he would oppose 15 a two-color sign which was not listed in the request. 16 Mr. Stieve replied that he had received comments about difficulty in 17 reading the sign when it had first been erected, and that he felt now 18 was the appropriate time to request a background panel as well as the 19 addition of the word ".Community. " Commissioner Hansen reminded the 20 petitioner that the Commission had made the same suggestion to the 21 petitioner at the time of the October, 1986, variance request. Mr. 22 Stieve agreed, but commented that at the time he was working on 23 obtaining a community charter. Commissioner Brownell agreed that the word "Community" would fit on one . line with the rest of the words, and that adding a background to the 26 one-line sign would satisfactorily increase its visibility. He felt 27 that increasing the square footage of the signage from 36 to 144 was 28 excessive considering the small size of the depository. 29 Mr. Sterner felt unsure that all the letters would fit on one line. He 30 pointed out that the picture distributed to the Commission was computer- 31 generated precisely to the dimensions of the space available. He 32 admitted that it might be possible to fit the sign into a 30 inch 33 vertical space rather than a 36 inch vertical space.. He was concerned 34 that passing motorists would be able to read the sign and absorb its 35 message easily, and said that a crowded sign is a problem for the 36 motorist trying to read it and accomplishes little. He also raised the 37 possibility of shortening the ends, but cautioned against modifying the 38 proposed sign to the point where it became lettering or reading material 39 rather than a sign. 40 Commissioner Wagner commented that he had actually driven by the sign 41 and observed that there was sufficient blank space on the existing sign 42 to accommodate the word "Community" on one line. He felt that there was 43 no real need for blank space on either side of the lettering and that 44 a background would acceptably increase the sign's visibility. 45 Mr. Stieve said he did not want the lettering to appear. "squashed. " Mr. Sterner said that his company has twenty years' experience in creating 3 1 correct signs for their customers which comply with the rules of the • 2 municipality they are working with. He again offered to compromise by 3 decreasing the vertical as well as shortening the ends of a two line 4 sign. He asked the Commission to clarify whether he was correct in 5 understanding that their primary concern was the total square footage 6 of the proposed sign. 7 Commissioner Franzese inquired whether the length of the signage was 8 correctly measured from the beginning of the first letter to the end of 9 the last, or whether it was measured from the beginning to the end of 10 the panel, or canopy, in this case. Commissioner Hansen referred to the 11 ordinance and answered that the size of the background panel was 12 considered to be the size of the sign. The Acting City Manager 13 commented that by measuring only the letters from end to end, any 14 background panel would then be considered a wall, which is a permanent 15 structure. Commissioner Brownell pointed out the distinction between 16 letters on a fascia board, such as those mounted in the St. Anthony 17 Village Shopping Center, and lettering on a background panel, and stated 18 that the proposal in question was clearly one, integral sign. 19 Commissioner Hansen asked Mr. Sterner whether he had been commissioned 20 to erect the original sign for the petitioner and whether there was a 21 reason he did not recommend the fascia board at that time. Mr. Sterner 22 responded that at the time the petitioner had only requested the letters 23 and wanted to get by with the minimum. Mr. Stieve agreed with that 24 interpretation. 25 Commissioner Brownell asked where the additional space would be gained 26 if the sign were to be reduced to 30 inches. Mr. Sterner demonstrated 27 how the two lines could be brought closer together without reducing the 28 actual size of the letters. He explained that the entire name of the 29 business should be displayed in the same size letters. Commissioner 30 Brownell asked whether there were options such as ten inch letters. Mr. 31 Sterner said that that was a possibility, but that he was taking the 32 approach of reducing the panel size first. 33 Commissioner Franzese asked Mr. Stieve to compare the percentage of 34 their current drive-up business to the percentage of their projected 35 drive-up business after they become better known. Mr. Stieve replied 36 that currently drive-up business is approximately 15 percent of the 37 total and that he anticipated -doubling that figure. He indicated that 38 he hopes to utilize the second drive-up area in the future in order to 39 reduce lobby traffic. 40 No -one else was present to speak either for or against the variance and 41 the hearing was closed at 7:56 P.M. 42 Planning Commission Reaction 43 Commissioner Wagner advocated a one line sign, adding that the need to 44 correctly identify the business was unavoidable. • 4 1 Commissioner Hansen agreed with Wagner, and expressed the opinion that the sign would look better if the background went from one end of the 3 drive-in to the other. He suggested mounting an 18 inch by 24 foot sign 4 which would amount to 36 square feet on each side or 72 square feet 5 total , considerably less than the 144. 25 requested. He stated that he 6 would not object to a background for the lettering because the sign 7 would .look neater and would provide the added visibility the petitioner 8 needs. 9 Commissioner Brownell agreed with the opinions expressed. 10 Commissioner Franzese voiced two concerns. Firstly, she felt that a two 11 line sign would look top-heavy. Secondly, she stated that her 12 understanding at the time of the granting of the original variance was 13 that it was justified by the amount of drive-up business, but was 14 surprised to hear that the majority of business was not drive-up. She 15 acknowledged the fact that, if the majority of the business is lobby 16 business, the building needs identification. She stated that at this 17 time she had no proposal to accommodate both those needs in a way 18 satisfactory to both the City and the business. 19 Chair Madden judged, without measuring, that the sign on the building 20 was approximately two feet wide by three feet long. He stated that the 21 sign read, "BN Metro Credit Union, Savings Account, Loan Service, 22 Traveler's Checks, Direct Deposit, IRA, Drive-up Teller" on successive 3 lines. He said that when one recognizes that the original sign was erected in lieu of a sign on the wall, that a recommendation by the 5 Commission that the square footage be reduced is justified. 26 planning Commission Recommendation 27 Motion by Hansen, seconded by Brownell that Burlington Northern Metro 28 Community Credit Union be granted the request for a variance to the 29 existing signage to add the word "Community, " and that the wording in 30 "Metro Community Credit Union" be listed on one line as opposed to two 31 lines as requested, and they be permitted to back the existing lettering 32 with an ivory-colored metal panel not to exceed the width of the 33 existing canopy, which is 24 feet, and the height of the panel not to 34 exceed 18 inches, allowing a total of 36 square feet per side, or 72 35 total square feet, and that the additional signage, as with the original 36 variance, be granted in lieu of a fascia sign on the building. 37 Commissioner Wagner offered an amendment to the motion, accepted by the 38 maker, that the request is granted to the existing sign variance. 39 Commissioner Franzese. offered an amendment to the motion, seconded by . 40 Brownell , accepted by the maker, that the recommendation for minimum 41 signage is in keeping with the remodeled signage at the adjacent 42 shopping center. 43 Motion carried unanimously. 5 1 Chair Madden advised the petitioner that the Commission's recommendation 2 would be presented to the City council on June 27, 1989. • 3 Nationwide Sewing and Vacuum, 2922 Pentagon Drive - Sign Variance 4 Request 5 Chair Madden introduced the request from Nationwide Sewing and Vacuum 6 for a sign variance to re-erect a 45. 5 square foot second sign ( "ORECK 7 XL" ) on the south side of the Nationwide Sewing and Vacuum Store located 8 in the St. Anthony Shopping Center, 2922 Pentagon Drive. No one present 9 reported failure to receive the notice or objected to its content. 10 Staff Report 11 Acting City Manager VanderHeyden reported that the original variance 12 granted in June, 1986, allowed the petitioner to replace an existing, 13 non-conforming reader board approximately 160 square feet with a sign 14 measuring 45.5 square feet. The variance was granted in 1986 on the 15 grounds of the corner location of the store and the identification of 16 a second business within the store. Staff feels that the Commission 17 should take into consideration the signage plan passed in January, 1989, 18 by both the Planning Commission and the City Council requiring that all 19 existing shopping center signage be removed and new signage be placed 20 only in accordance with the approved signage plan. 21 Chair Madden asked whether the existing plaque which provides the name 22 of the business and its address is a wall sign or a directional sign. 23 Acting Manager City VanderHeyden replied that it is a wall sign. 24 Commissioner Brownell pointed out that the request by the owner is for 25 permission to re-erect a sign reading "Oreck XL Vacuums" while the 26 Notice of Hearing specifies only the words "Oreck XL." Acting City 27 Manager VanderHeyden said that the word "vacuums" was inadvertently left 28 off the Notice of the Hearing. 29 Chair Madden opened the public hearing at 8:12 P.M. 30 Thomas Peters, Nationwide Sewing and Vacuum 31 Mr. Peters submitted to the Commission pictures of the reader board and 32 the side of the building before it was repainted. Mr. Peters stated 33 that he assumed that when the shopping center was remodeled that the 34 paneling would be extended around his side of the building similar to 35 the library's side of the building. He - stated that he understood the 36 earlier variance to have been granted on the basis that he was offering 37 an additional service to the community. He offered the information that 38 vacuum cleaner business currently constitutes 30 percent of his total 39 business. He commented that since the sign had been taken down, he has 40 received inquires from people as to whether or not the business still 41 deals with vacuum cleaners. He' voiced the opinion that the sign is an 42 attractive sign and is only three years old. 6 1 Chair Madden asked the petitioner to describe the proposed signage. Mr. W2 Peters responded that the sign would read "Oreck XL" in the 3 approximately six inch letters on the top line and "Vacuums" in 4 approximately 24 inch letters on the lower line, and that the sign was 5 yellow with red letters measuring three feet by fourteen feet. 6 Commissioner Hansen asked the petitioner to describe the nature of his 7 vacuum cleaner business. Mr. Peters replied that they service any 8 brand .of vacuum cleaners and actually sell four different brands of 9 vacuum cleaners. Commissioner Hansen indicated that he was not opposed 10 to the petitioner promoting his business through the use of a sign but it questioned the reasoning behind naming the Oreck XL brand on the sign 12 itself. 13 Commissioner Franzese inquired of the owner why he didn't include the 14 word "vacuums" on the sign on the front of the store. Mr. Peters 15 indicated that the sign was presented to him by Eberhardt, and he was 16 told that that was all he would be allowed, and he did not realize he 17 might have had a choice at that time. 18 Commissioner Wagner pointed out to the petitioner that he could have 19 chosen at that time to purchase a sign from someone other than 20 Eberhardt. Mr.. Peters explained that he felt constrained by the fact 21 that Signcrafters was the lowest bidder. �2 No one was present to speak either for or against the variance and the �3 hearing was closed at 8: 20 P.M. 24 Planning Commission- Reaction 25 Commissioner Franzese stated that she strongly -opposed granting the 26 variance. She observed that since the time when she voted in favor of 27 three other variances for second signs, one for the bookstore, one for 28 a tanning salon, and one for the sewing center, the neighborhood has 29 become more residential in nature. She commented that the City has 30 waited a long time for the remodeling of the shopping center and that 31 since it has been finally accomplished, it should be maintained with a 32 certain degree of integrity. She voiced the opinion that bigger and 33 more signs detract from each other as well as the appearance of the 34 shopping center itself. She expressed puzzlement as to why attention 35 was not given to both portions of the business when the opportunity 36 presented itself at the time the signage on the front of the store was 37 being selected. She voiced the opinion that that corner of the shopping 38 center would be visible to residents in new apartments being built, and 39 that signage in that area should be kept to a minimum in consideration 40 of those apartment residents. 41 Commissioner Wagner voiced opposition to granting the variance on the 42 grounds that the Commission has already established that no more signage 4:3 would be added to the shopping center once a full sign proposal was 44 submitted and accepted. 7 1 Chair Madden asked whether the library was required to obtain a variance • 2 for their two signs. Chair Madden expressed the opinion that the 3 petitioner was justified in comparing his store to -the library, and 4 that the owners of the shopping center might have made a better decision 5 had they wrapped the fascia around the side of the building. He had no 6 objection to the way the library signage was handled and would have no 7 objection to Mr. Peters' request if he were to handle it in the same 8 manner. 9 Commissioner Brownell asked whether any consideration had originally 10 been given to the fact that .the store is a corner location with traffic 11 from two directions. Acting City Manager VanderHeyden responded that 12 the corner location was one of the reasons stated for granting the 13 original variance. 14 Commissioner Hansen expressed the opinion that once the road past the 15 new apartments was completed and re-opened that it would accommodate a 16 substantial amount of traffic. He then questioned the reasoning of the 17 center owners in installing fascia around one corner of the building 18 and not around the other. 19 Commissioner Madden agreed that the owner's request was reasonable 20 because he was in a highly visible location. 21 Commissioner Hansen stated that he would be more in favor of the request 22 if it were actually identifying the business rather than advertising a 23 brand name. 24 Commissioner London opposed granting a variance on the grounds that he 25 felt no particular hardship existed, and that the petitioner had simply 26 made a poor business decision when selecting the signage for the front 27 of his business. 28 Commissioner Madden expressed the view that a reasonable compromise 29 could be for the petitioner to propose a small sign mentioning the word 30 "vacuums" on the part of the fascia that wraps around the canopy. 31 Commissioner London inquired whether a variance would be required in 32 that case, and Commissioner Hansen replied that the petitioner would 33 have to request a variance for two signs. 34 Commissioner Franzese proposed that the word "vacuums" might be added 35 to the signage on the front of the store rather than on the side. 36 Commissioner Brownell suggested that it might be to the petitioner's 37 advantage for the Commission to table his request in order to allow him 38 time to explore alternatives rather than to recommend denial of the 39 request.' 40 Chair Madden asked for reaction to his suggestion, which elicited 41 agreement from Commissioner Brownell. Commissioner London calculated • 42 that the petitioner could use approximately 30 square feet on the side 8 W21 of the building and still remain within the bounds of the 90 square feet of signage allowed. 3 Planning Commission Recommendation 4 Motion by Madden, seconded by Wagner to table the variance request for 5 one month. 6 Motion carried unanimously. 7 Chair Madden advised the petitioner to research his alternatives with 8 Acting City Manager VanderHeyden in preparation for the July Planning 9 Commission meeting. 10 St. Anthony National Bank, 2401 Lowry Avenue N.E. - Sign Variance 11 -Request 12 Chair Madden introduced the request from St. Anthony National Bank 13 requesting a variance to place a second identification sign (replacing 14 an existing sign) on the southeast wall near the front entrance, 15 measuring 14 . 25 square feet. No one present reported failure to receive 16 the notice or objected to its content. 17 Staff Report i8 Chair Madden noted that a brand new sign has been placed on the �g southwest facia of the building, and asked why that had been allowed 20 without' a variance request. Acting City Manager VanderHeyden replied 21 that the new sign was within the 150 square feet of signage allowed. 22 She stated that the two existing signs were grandfathered in, and 23 because there was no variance, they were allowed to put the new. sign 24 up but would have to get a variance for the second sign. 25 Chair Madden offered his understanding of the bank's actions that they 26 wanted two new signs, one on the southwest and one on the southeast 27 corners, and that one had already been erected. X28 Acting City Manager VanderHeyden informed the Commission that on 29 November 19, 1985 a variance for a nine square foot Cirrus sign near 30 the front entrance had been 'granted. Chair Madden stated that the 31 Cirrus was not an identification sign and that its erection had required 32 a variance for a third sign. 33 Acting City Manager VanderHeyden stated that two other signs, one at the 34 entrance to the drive-through and one at the exit to the drive-through, 35 are considered to be directional signs and were also grandfathered in. 36 Chair Madden indicated that the bank's "no parking without permit" sign 37 was also a directional sign. He noted the existence of a sign which 38 reads "do not enter" on the side which faces Stinson Boulevard, but 39 which gives information about banking services on the side which faces 40 cars going through the drive-through, and commented that he believed it 0 to be non-conforming. 9 1 Commissioner Hansen asked for the dimensions of the old and the new • 2 signs. Acting City Manager VanderHeyden answered that the first sign 3 went from 43.8 square feet to 48.5 square feet, and that the second sign 4 goes from 5.25 square feet to 14.25 square feet. 5 Chair Madden opened the public hearing at 8:45 P.M. 6 Donavon Fisher, Firstar St. Anthony Bank, 2401 Lowry Avenue N.E. 7 Mr. Fisher stated that the variance request was prompted by the purchase 8 of the bank by the First Wisconsin Corporation and the name change 9 occasioned by that purchase. He was unable to explain why the first 10 sign was erected. 11 No one else was present to speak either for or against the variance and 12 the hearing was closed at 8:47 P.M. 13 Planning Commission Reaction 14 Commissioner Hansen questioned whether the second sign would be 15 lighted. The Acting City Manager answered that the first, larger sign 16 is to be lighted, but not the second, smaller sign. 17 Commissioner Brownell commented that he was in favor of the new signage 18 because it was an attractive sign, although it was a large increase in 19 size. Commissioner Wagner commented that it was well below the total 20 allowable limit for signage, and that it was a small sign in comparison 21 to the size of the building. 22 Commissioner Hansen voiced no opposition to granting the variance. He 23 did, however, voice the opinion that this was an example of a situation 24 in which the Commission has been involved in the past wherein signs are .25 either already ordered, constructed, or even installed before a variance 26 is requested, which results in undue pressure on the Commission to 27 recommend granting of a variance. He recommended that City staff 28 consider notifying business owners in the community of the details of 29 the sign ordinance. 30 The Commission then discussed the measurements of all the signs 31 displayed by the bank and concluded that the building was well within 32 its allowable signage limits. 33 Planning Commission Recommendation 34 Motion by Franzese, seconded by Wagner to recommend granting of a 35 variance to Firstar St. Anthony Bank, located at 2401 Lowry Avenue N.E. , 36 to place a second identification sign measuring 14. 25 square feet on the 37 southeast wall near the front entrance which is a replacement for an 38 existing sign due to a name change as a consequence of acquisition of 39 the bank by Firstar corporation; further, that there have been no calls 40 opposing the variance and no one spoke against the request during the • 10 hearing; further, that it satisfies the three conditions for granting of a variance. 3 Commissioner - Hansen disagreed that the request meets all three 4 conditions for the granting of a variance. 5 Commissioner London proposed that the Commission discuss the status of 6 the non-conforming sign which Chair Madden had brought to their 7 attention. 8 Chair Madden offered an amendment to the motion, seconded by London, 9 that all the letters be removed from the reader board which is located 10 on Stinson Boulevard. 11 Aye: London, Franzese, Hansen, Madden, Brownell . 12 Nay: Wagner. 13 Motion to amend carried. 14 Motion as amended carried. 15 Chair Madden advised the Petitioner that the Commission's recommendation 16 would be presented to the City Council on June 27, 1989. 17 Coldwell Banker Commercial 2900 Pentagon Drive - Sian Variance Request Chair Madden introduced the request from Coldwell Banker Commercial to 19 place a 16 square foot "for lease" sign on the rear fascia of the St. 20 Anthony Shopping Center, 2900 Pentagon Drive N.E. No one present 21 reported failure to receive the notice or objected to its content. 22 Staff Report 23 Acting City Manager VanderHeyden reported that real estate signs are 24 allowed under the Sign Ordinance for a six month period on a temporary 25 basis, and that a variance is necessary due to previous Commission and 26 Council action (January, 1989) requiring that all existing shopping 27 center signage be removed and any new signage placed only in accordance 28 with the approved signage plan. 29 Chair Madden noted that the proposed location of the sign was next to 30 the reader board on the shopping center wall, and that there was no room 31 for a 16 square foot sign at that location. Acting City Manager 32 VanderHeyden stated that to the best of her understanding the sign was 33 to be placed on the rear fascia of the St. Anthony Shopping Center. 34 Chair Madden suggested that the Commission obtain the exact location 35 of the proposed sign from the Coldwell Banker representative. 36 Commissioner Wagner asked whether the Sign Ordinance limited the number 37 of real estate signs. Acting City Manager VanderHeyden answered that 38the language in the ordinance refers to "such sign" but does not 09 specifically address the number of signs. 11 1 Commissioner Wagner noted that a sign has been erected on the grounds • 2 next to the Mobil station, and Acting City Manager VanderHeyden 3 indicated that that was a temporary sign and would be allowed for six 4 months if no permanent sign was allowed. Commissioner Wagner concluded 5 . that the request under consideration was for a permanent sign. 6 Chair Madden opened the public hearing at 9:05 P.M. 7 Peter Bloch, Coldwell Banker Commercial 8 Mr. Bloch stated that he had been retained by the shopping center 9 ownership to lease space in the shopping center. He explained that the 10 sign is permanent in the sense that -it is to be affixed to the building 11 itself, but that it will be on display temporarily. He noted that the 12f reason for the request was to create greater visibility' for Coldwell 13 Banker's leasing and marketing efforts, and that the sign would be 14 visible from Kenzie Terrace. 15 Commissioner Wagner asked Mr. Bloch to describe the exact location of 16 the proposed sign and to describe the sign itself. Mr. Bloch explained 17 that the sign would be approximately 16 square feet to be affixed to the 18 rear of what is referred to as Building 2 facing Kenzie Terrace. He 19 further stated that the sign will read, "For Lease, Coldwell Banker 20 Commercial Real Estate, Call Bonnie Franta or Peter Bloch, 338-4700." 21 He stated the sign would be wood, and that the words "for lease" would 22 be in red and that the remainder of the lettering would be in blue or 23 black letters on a white background. 24 Commissioner Wagner asked how long the sign would remain. Mr. Bloch 25 replied that it is their practice to remove all signs once leasing 26 efforts are completed. He stated that although they have a twelve month 27 contract, they hope to be able to remove the sign in six months; 28 otherwise, they would return to the Planning Commission with a request 29 for a six month extension. He further stated that they had decided 30 that affixing a sign to the building would impede traffic less than a 31 post-mounted sign in the pavement. 32 Commissioner Hansen asked whether the Sign Ordinance prohibited a 33 temporary sign from being affixed to a building, but Acting City Manager 34 VanderHeyden replied that that is not the case. 35 Mr. Bloch assured the Commission that Coldwell Banker would not return 36 to ask for additional signs. 37 No one else was present to speak either for or against the variance, 38 and the hearing was closed at 9:10 P.M. 39 Planning Commission Recommendation 40 Motion by ' Franzese, seconded by. Brownell, to recommend granting a 41 variance to Coldwell Banker for the purposes of erecting a sign reading 12 1 "For Lease" and the name and number to contact for leasing of the St. Anthony Shopping Center; based upon the fact that no calls opposing the 3 variance were received and no one spoke against the request during the 4 hearing; that the request satisfies the conditions for granting of the 5 variance; that the request is understood to be a temporary request for 6 a six month period; that it is in the interests of the City as well as 7 the St—Anthony Shopping Center to lease its space; and that the City 8 wishes to lend its assistance to that effort. 9 Motion carried unanimously. 10 Chair Madden advised the petitioner that the Commission's recommendation it would be presented to the City Council on June 27, 1989. 12 Salvation Army, 2950 W. County Road E - Sign Variance Request 13 Chair Madden introduced the request from the Salvation Army to place 14 a 64 square foot ground surface sign identifying the entrance to Silver 15 Lake Camp. The proposed sign would replace the existing sign (the sign 16 surface area being 64 square feet with an actual overall sign height of 17 16 feet) located at the southwest corner of Silver Lake Road and County 18 Road E. No one present reported failure to receive the notice or 19 objected to its content. 20 Staff Report Acting City Manager VanderHeyden indicated that she had received some 2 tentative plans from Director of Public Works, Larry Hamer, concerning 23 the possibility that Ramsey County might widen County Road E and acquire 24 several feet of land for the roadway in the process. However, it was 25 found that this will not affect the Salvation Army sign. 26 Commissioner Hansen asked whether the sign was to be lighted. Chair 27 Madden concluded from the materials presented in the Commission package 28 that the sign would not be lighted, and Acting City Manager VanderHeyden 29 concurred. 30 Dale Westberg, Salvation Army 31 Mr. Westberg stated that the proposed sign will improve the appearance 32 of the intersection and is planned to match a sign for an entrance to 33 the camp to be developed further west on County Road E. He described 34 the sign as being an unlighted, landscaped sign, . with white letters 35 etched into cedar siding. 36 Commissioner Wagner asked whether any trees would have to be removed 37 to make room for the sign, and Mr. Westberg replied that it is his 38 understanding two or three trees would need to be. removed, but that the 39 landscaping around the sign would compensate for the tree removal. 40 Commissioner Brownell commented that the existing sign is difficult to see when driving north on Silver Lake Road. He noted that whereas the 13 1 old sign was at a 90 degree angle, or perpendicular to Silver Lake Road, O 2 the new sign will be at a 45 degree angle to the road, making it even 3 more difficult to see. 4 Mr. Westberg noted that a sign for the United Methodist Church was on 5 the southwest corner of Silver Lake Road and County Road E, which he 6 assumed did not belong there. Acting City Manager VanderHeyden replied 7 that they had been sent a letter about the sign the week previous to 8 this meeting. 9 Chair Madden asked whether the Salvation Army intended to extend the 10 chain link fence behind the sign, and Mr. Westberg replied 11 affirmatively. 12 Commissioner Franzese asked whether the Salvation Army would like to 13 reconsider the positioning of the sign, considering its poor visibility 14 when driving north on Silver Lake Road, before the Commission made its 15 recommendation. Mr. Westberg replied that he felt comfortable with the 16 Salvation Army's position because they were - more concerned with 17 visibility to traffic heading south on Silver Lake Road. 1 18 Donovan Wagner, Hills Gilbertson Architects 19 Mr. Wagner indicated that Hills Gilbertson Architects had designed the 20 sign for the Salvation Army. He described the sign as white letters 21 on a natural cedar background to reflect the surrounding natural 22 environment. He indicated that the landscaping would consist of treated - 23 lumber edging, woodchips or shredded bark ground cover, and ground- 24 hugging junipers which will eventually spread, taking over the area 25 covered by wood chips. 26 No one else was present to speak either for or against the variance and 27 the hearing was closed at 9: 23 P.M. 28 Planning Commission Recommendation 29 Motion by Wagner, seconded by Brownell to recommend to the City Council 30 the granting of the variance to place the 64 square foot ground surface 31 sign identifying the entrance to the Salvation Army Silver Lake Camp on 32 the southwest corner of County Road E and Silver Lake Road, finding 33 first that it would be an improvement over the existing sign in both 34 appearance and readability; that there were no objections to the 35 request; and that it meets the requirements for a sign variance. 36 Commissioner Franzese offered an addition to the first finding, accepted 37 by the maker, that the proposed sign is aesthetically pleasing and that 38 the sign serves to mark the gateway to St. Anthony. 39 motion carried unanimously. 14 MISCELLANEOUS 2 Chair Madden noted that St. Anthony Self-Storage has a wall sign on the 3 upper part of their building facing west, as well as a very large lawn 4 sign. 5 He also noted that although Hardee's originally agreed to erect a 6 masonry base around their sign, the base as constructed is stucco. 7 Commissioner Hansen expressed the opinion that the "Vargas" sign across 8 the street from Hardee's did not meet the definition of substantial 9 construction, and suggested that the Commission recommended either its 10 removal or that it be brought up to City code. Chair Madden agreed, 11 and pointed out that it appeared as though dirt had been piled near the 12 bottom of the sign to create the impression that it isa ground-hugging 13 sign when in fact it is not. 14 Commissioner Franzese noted that the new owners of the Medtronics 15 building were permitted to erect a ground-hugging sign but that no 16 landscaping has been done around the base of the sign and it appears to 17 be crooked. 18 Commissioner Wagner indicated that he received .a communication from 19 Dave Childs to the Planning Commission thanking the Commission for the OYmany enjoyable times he had had working with the Commission. , ADJOURNMENT 22 Motion by Hansen, seconded by Wagner to adjourn the meeting at 9: 32 23 P.M. 24 Motion carried unanimously. 25 Respectfully submitted, 26 Doris Hoskin, Secretary 27 28 Mayor 29 ATTEST: 30 •City Clerk Is :cjk 15 ain thon ilia a ,- DATE : A P PROV July 7, 1989 TO : Planning Commission Members FROM : Sue VanderHe den Acting City Manager 2 TEM : META OPERATING PARTNERSHIP VARIANCE REQUEST META Operating Limited Partnership has requested a variance from the Zoning Ordinance Section 12, Subdivision 9 (8) (enclosed--) concerning the materials of which a parking area may be constructed. The Ordinance calls for parking areas to be constructed of asphalt or concrete. The applicant is seeking approval for construction of a parking area with gravel materials. The request is based on required future environmental tests on the soil of the parking area, making an asphalt or concrete construction unreasonable. (Please see explanations provided by the applicant. ) In addition, the gravel parking lot would be temporary and would help to alleviate the parking dilemma for the Kenzington residents. As a point of information, a setback variance for parking was granted to META in June, 1986. The variance granted a waiver of the 5 foot side yard setback on the southwest side and the 10 foot front yard setback on the southeast side of the property. This variance still is in effect, however META has chosen to follow the proper setbacks and not utilize the variance for the temporary parking area. :cjk7.11.89 'r Date• June 29 , 1989 Fee: 25 .00 (R-1 . . . . . . . . . . . . . . . . $15.00 • other. . . . . . . . . . . . . $25.00) CITY OF ST. ANTHONY PETITION FOR VARIANCE ( 612 ) 339-3500 or Applicant: Meta 'Operating Limited Partnership Phone: ( 216 ) 574-4949 Address: 600 Citizens Building 850 Euclid Avenue, Cleveland , nH 44114 Status of applicant (owner, buyer, renter, agent, etc. ) : fee owner Street address and/or legal description of property petitioned for variance: 2701 Kenzie Terrace St Anthony MN 55418 Legal Description: See attached Exhibit A. Zoning district in which .property is located: commercial Request• Variance from Zoning Ordinance Section 12 , regarding construction materials for parking area. Pursuant to Section 15, Subd. 5, of the City of St. Anthony Zoning Ordinance, a variance shall not be granted for any use not permitted in the zone in which a particular parcel lies. • Minnesota Statutes and City Ordinances require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets, if necessary. 1) Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. See attached Exhibit B 2) The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. See attached Exhibit B 3) The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. See attached Exhibit B. META OPERATING LIMITED PARTNERSHIP an Ohio limited partnership BY: Meta Investment Company an Ohio Corporation • Signature of applicant.1,B Gr` gory D. Gusts son, Vice President * 25 . 00 'E: EXHIBIT B ATTACHMENT TO CITY OF ST. ANTHONY • PETITION FOR VARIANCE Page 2 1 . Because of the particular physical surroundings, shape, or topographical conditions of the parcel of land involved, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. The property is currently the subject of an investigation by the Minnesota Pollution Control Agency of the State of Minnesota ( "PCA" ) for contaminated soil caused by a leak in a petroleum underground storage tank ( "UST" ) which was previously located on the premises and removed by Meta Operating Limited Partnership ( "Applicant" ) . The preliminary discussions with the PCA have indicated that remediation may be necessary which could involve removal of certain contaminated soils located within the area where the UST' s had been previously located. An undue hardship to the Applicant would be caused by the requirement for the asphalt or concrete paving materials used for the parking facility to be improved on this property. It would be a waste of time, energy and money to completely pave this much parking area with a permanent surface only to have it torn up by or severely disrupted by remediation measures required to satisfy the PCA. 2 . The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel ' of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. This property is uniquely situated and is subject to the extraordinary circumstances of this condition and the potential for the remediation of the soil underlying the proposed parking area which may be imposed by the PCA. The variance is requested to ameliorate these extraordinary-circumstances and allow the improvement of the parking area as described in the scope of the project described above. 3 . The alleged difficulty or hardship is caused by City Ordinance and has not been created by any persons presently having an interest in the parcel of land. The request from the variance is not one created by the Applicant, but by requirements of the City Ordinance for • paving materials. 'f EXHIBIT B • ATTACHMENT TO CITY OF ST. ANTHONY PETITION FOR VARIANCE INTRODUCTION AND DESCRIPTION OF SCOPE OF THE PROJECT: Meta Operating Limited Partnership, an Ohio limited partnership ( "Meta") was the declarant of the Kenzington Condominium, a 150 unit senior condominium located directly west of the property. As the planning commission and council are aware, hopes for the development of this: site have included the development of a medical office building. Currently those plans are on hold pending a number of factors, one of which includes the status of the study being performed by the Pollution Control Agency of the State of Minnesota ( "PCA" ) in regard to the correction of certain soil conditions located on the property in an area in which was once located an underground storage tank. This site was once a gasoline service station. Of course, Meta never bargained for the contaminated soil problem or the other complicating factors that have prevented the improvement of this site. There does exist however a need to provide overflow parking for the staff and • visitors of the Kenzington Condominium. While the parking lot is intended to be merely a temporary .improvement to this property it is viewed as a necessary one at the present time. Meta would intend to improvement the property with a parking area which is basically as outlined on the accompanying site plan. The intent is to try to make it as attractive as possible with the least amount of expenditure of funds and energy, since it is intended to be a temporary condition. It would be Meta' s request to only ask for a variance from the type of materials which are to be used in the construction of the driveway area, which materials would consist of crushed rock rather than asphalt or concrete building materials. The area of the parcel is not used for parking would be landscaped with grass and planting materials. • EXHIBIT A O That part of the Northwest 4 of Section 7, Township 29, Range 23, described as follows: Beginning at the point of intersection of a line drawn parallel with and 1079.8 feet North of the .South line of said .Northwest 4 with the original Northwesterly line of the County Road, said Northwesterly line being 33 feet Northwesterly of, measured at right angles to the center line of said road (now )mown as County Highway No. 33); thence Southwesterly along the original Northwesterly line of said County Road 300 feet; then at right angles Northwesterly to an intersection with said line drawn parallel with .and 1079.8 feet North of the South line of said Northwest 4; thence Easterly along said line so drawn to the point of beginning. 0 O CITY OF ST. ANTHONY NOTICE OF HEARING VARIANCE REQUEST TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a public hearing by the Planning Commission of the City of St. Anthony on Tuesday, July 1.8, .1989 at 7:35 P.M. in the Council Chambers of the City Hall, 3301 Silver Lake Road (enter northeast corner) for the following purpose: Consideration of a request for a variance from the City's Zoning Ordinance by META Operating Limited .Partnership regarding property located at 2701 Kenzie Terrace N.E. The request concerns the materials of which a parking lot at this location may be constructed. Anyone wishing to be heard with reference to the above matter will be heard at said time and place. Questions regarding this matter may be referred to the Acting City Manager, 789-8881. • Susan L. VanderHeyden Acting City Manager Publish: Bulletin, July 5,. 1989 • MAILING LIST - META 7/89 George Roberts George Balego Mrs. John Zappa 2653 Stinson Boulevard 2404-27th Ave. N.E. 2408-27th Ave. N.E. Minneapolis, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 0 Donald Murphy Douglas C. Skogsberg Robert W. Ernt 2412-27th Ave. N.E. 2416 -27th Ave. N.E. 2420-27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Michael Winter John Delmonico Ray Kemna 2424-27th Ave. N.E. 2500-27th Ave. N.E. 2504-27th Ave. N.E. St. Anthony, MN 55418 -St. Anthony, MN 55418 St. Anthony, MN 55418 William Hrbek William Tabaika Thopmas J. Biernat 2508-27th Ave. N.E. 2512-27th Ave. N.E. 2516-27th Ave. N.E. St. Anthony; MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Kent D. Myhrman I. Joseph Basara Gregory VanAlstine 2520-27th Ave. N.E. 2524-27th Ave. N.E. 2600-27th Ave. N.E. St. Anthony, MN . 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Martin A. Fredrick Mrs. Stella Basara Joe Wehr 2604-27th Ave. N.E. 2608-27th Ave. N.E. 2616-27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 L. G. Vorpahl Gary Zahrbock John H. Davis 2609-27th Ave. N.E. 2704-27th- Ave. N.E. 2705-27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Earle L. Upgren Casey J. Scott George J. Moore 2709-27th- Avenue N.E. 2613-27th Ave.. N.E. 2612-27th Ave. N.E. St. .Anthony, MN 55418 St. Anthony, MN- 55418 St. Anthony, MN 55418 Gordon Culhane Joseph Schlunder E. M. Lantto 2700-27th Ave. N.E. 2708-27th Ave. N.E. 2712-27th Ave. N.E. St. Anthony, MN 55418 St. Anthony, MN 55418 St. Anthony, MN 55418 Palmer Gunderson Walker Methodist R. T. Johnson Meats 01 2800-27th- Ave. N.E. 3737 Bryant Ave. S. 2801 Kenzie Terrace St. Anthony, MN 55418 . Minneapolis, MN 55409 St. Anthony, MN 55418 James R. Bona Eberhardt Hobie Swan 5236 Horizon Drive 3250 W. 66th Lowry Grove Trailer Park 0ridley, MN 55421 P.O. Box 1385 2501 Lowry Avenue N.E. Minneapolis, MN 55440 St. Anthony, MN 55418 Re: 2812-27th Ave. N.E. 2801 Kenzie Terrace Sroga's Union 76 Lang/Nelson St. Anthony Lanes 2700 Kenzie Terrace 4601 Excelsior Boulevard 2654 Kenzie Terrace St. Anthony, MN 55418 St. Louis Park, MN 55416 St. Anthony, MN 55418 Residents 2601 Kenzie Terrace The Kenzington • • Appendix ! 7.on Ing Sec. 12, Subd. 9 6. Plans for the maintenance of the site. O 7. Plans for erosion control, including the proposed type of ground cover. 8. An assessment of the environmental impact of such proposed action upon wetlands, watercourses and water ponding areas. Subdivision 9. Off-Street Parking and Loading Regulations 1.. Existing off-street parking spaces shall not be reduced in number unless the existing number- exceeds the requirements set forth herein for a similar new use. 2. Setbacks in commercial and light industrial districts, in which parking is prohibited, shall be as follows : a. There shall be a setback from side lot lines of at least five feet. b. There shall be a setback of at least ten feet from the front property line. c. There shall be a setback of at least ten feet from all rear lot lines. d. Where a B, C, R-4 .or L.I. district abutts an R-1, R-2 or R-3 district, there shall be a setback of not less than twenty feet from the abutted property. - 3. No curb' cut to a parking area shall be more than twenty-eight feet in width. 4. Curb cuts on any one street shall be a minimum of thirty feet apart, unless curb cuts are to be used for one way traffic only and clearly designated as to that fact. S. No B, C or L.I. usage shall have a curb cut within thirty feet of any residential district boundary unless it is located across a designated street from the residential district boundary. 6. The Council shall have the authority to specify access locations where there is congestion on abutting streets. 7. Where parking is lighted, the light sources shall not exceed thirty feet in height nor shall the light intensity exceed one foot candle measured at the property line. 8. Any parking area or access drive constructed in any district after May 1 . 1987 shall be paved with either asphalt or concrete. 9. The City shall review the proposed grade of parking lots and O make a recommendation if the grade is improper for drainage. There shall be an approved curbing around the perimeter of a parking area �' except in R=1 and R-2 districts. •1 CITY OF ST. ANTHONY 2 CITY COUNCIL MINUTES 3 JUNE 131 1989 4 The meeting was called to order at 7: 36 P.M. with the Pledge of 5 Allegiance led by Mayor Sundland. 6 ROLL CALL 7 Present: Enrooth, Makowske, Marks, Sundland. 8 Absent: Ranallo. 9 Also present: Susan VanderHeyden, Acting City Manager. 10 MAY 23, 1989 COUNCIL MINUTES AND MAY 30, 1989 SPECIAL COUNCIL MEETING 11 MINUTES 12 Motion by Marks, seconded by Makowske to approve with the following 13 changes 14 May 23, 1989 Council Minutes 05 Page 1 , para. 6 : Substitute "Jeffries" for "Jeffreys . " 16 Page 1 , para. 7 : Substitute "resolved by Evergreen" for "decided. " 17 Substitute "the anticipated abstention of one member '18 present" for "one abstention. " 19 Page 10 , para. 6 : Substitute "the Council" for "Council Member" . 20 May 30 1989 Special Council Meeting Minutes 21 Page 3 , para. 2: Substitute "the" for "that" . 22 Page 5, para. 3 : Substitute "ensued" for "was had. " 23 Page 6, para. 7 : Substitute "subsidize" for "subsudize. " 24 Motion carried unanimously. 25 LICENSES/PERMITS/PETITIONS 26 Motion by Marks, seconded by Enrooth to grant' the following as presented 27 in the June 1.3 , 1989 Council packet: 28 Contractors 29 Pro-Exteriors, Crystal , MN 30 M & S Roofing, Inc. , Blaine, MN 31 Arnd & .Sons, Arden Hills, MN 32 Panel Craft of Minnesota, Inc. , Minneapolis, MN W4Inter-City Builders, New Brighton, MN First Choice Exteriors, Inc. , Maple Grove, MN a _ 1 Heating O 2 Bloomington Heating & Air Conditioning 3 Yale, Incorporated 4 Centraire, Inc. 5 Thermex Corporation 6 Multiple Dwelling (all are renewals) 7 Frances Sandberg 3820 Macalaster Drive 8 Sheldon Mortenson 3720-3800 Foss Road 9 Sentinel Management Co. 2808 Silver Lane 10 Chandler Place 3701 Chandler Drive 11 Walker Senior Housing Corp. 2626 Kenzie Terrace 12 Northern Gopher Enterprises 3200-3225 Diamond 8 Terrace 13 Apache Manor Limited Partnership 3817 Macalaster Drive 14 Ken Solie 3800-3808 Macalaster Drive 15 motion carried unanimously. 16 Motion by Sundland, seconded by Enrooth to approve the 3 .2 beer permit 17 requested by Gary Havey, 3004 - 31st Avenue N.E. for a work outing on 18 June 24, 1989, at Central Park, subject to the permit having been 19 reviewed and the deposit having been given to the City. 20 Aye: Enrooth, Makowske, Sundland. 21 Nay: Marks. 22 Lotion carried. 23 PRESENTATION OF CLAIMS 24 Motion by Makowske, seconded by Marks to approve payment of the verified 25 claims. 26 Notion carried unanimously. 27 Motion by Enrooth, seconded by Makowske to approve payment of $2 ,522. 35 28 to Dorsey & Whitney for legal services rendered from April 1, 1989 29 through April 30, 1989 . 30 Notion carried unanimously. 31 Motion by Makowske, seconded by Sundland to approve payment of $2,400 .00 32- to Hance & LeVahn for legal services rendered for the month of June, 33 1989, relative to St. Anthony prosecutions. 34 Notion carried unanimously. 35 Motion by Makowske, seconded by Marks to approve payment of $17 ,188 . 00 36 to Flexible Pipe Tool Company for equipment shipped May 12, 1989 and O 2 purchased by the St. Anthony Sewer Department per Purchase Order No. 2275. 3 Motion carried unanimously. 4 Motion by Marks, seconded by Makowske to approve payment of $1 , 300.00 5 to MPH Industries, Inc: for equipment shipped May 3 , 1989 and purchased 6 by the St. Anthony Police Department per Purchase Order No. 2275. 7 Motion carried unanimously. 8 Motion by Makowske, seconded by Enrooth to approve payment of $2 ,888.61 9 to Radio Shack for a computer purchased by the St. Anthony Fire 10 Department. 11 Motion carried unanimously. 12 Motion by Marks, seconded by Enrooth to approve payment of $1, 169.00 to 13 Public Service Computer Software, Inc. for Fire Department Computer 14 software. 15. Motion carried unanimously. 16 Motion by Enrooth, seconded by Marks to approve payment of $820.00 to 17 Corporate Resources Insurance Agency, Inc. for Public Employee Honesty �8 Faithful Performance Bond (renewal) . 19 Motion carried unanimously. 20 Motion by Makowske, seconded by Marks to approve payment of $15,782 .25 21 to the League of Minnesota Cities Insurance Trust for the deposit 22 premium for participation in the League of Minnesota Cities Self-Insured 23 Workers' Compensation Program. 24 Motion carried unanimously. 25 Motion by Marks, seconded by Sundland to approve payment of $974.91 to 26 Short-Elliott-Hendrickson, Inc. for construction 'services on the Foss 27 Road lift station. 28 Motion carried unanimously. 29 Motion by Enrooth, seconded by Marks to approve payment of $3 ,348.00 to 30 the Calgon Corporation for work accomplished through the date of May 31 , 31 1989 regarding the temporary granular activated carbon system. 32 Lotion carried unanimously. 33 REPORTS 34 COUNCIL 3 1 Mayor Sundland commended Councilmember Ranallo on his efforts to obtain • 2 the nomination for Vice President of the League of Minnesota Cities. 3 He thanked Councilmember Ranallo for his work as a member of the Board 4 of the League of Minnesota Cities. The Mayor also expressed his regrets 5 that Councilmember Ranallo's bid for the vice Presidency was 6 unsuccessful. 7 Councilmember Makowske reported that the Articles of Incorporation and 8 Bylaws of the St. Anthony Village Historical Society have been prepared. 9 She offered copies to the Council and invited their suggestions for 10 changes. Councilmember Makowske stated that she expected the Articles it and Bylaws to be voted on at an upcoming meeting of the St. Anthony 12 Historical Society. 13 Councilmember Makowske reported that she and Councilmember Enrooth 14 attended the Community Services Annual Meeting. Issues focused on at 15 the meeting were youth development and softball fields. Lighted fields, 16 scoreboards, home run fences, and improvement of the layout and design 17 of the fields were advocated at the meeting. Mayor Sundland commented 18 that, thanks to donations, improvements are planned for the hardball 19 diamond. He speculated that a landscape architect will be hired to 20 design the field. 21 Councilmember Makowske continued that youth development was focused on 22 at the Community Services Annual Meeting through discussions regarding 23 service opportunities, leadership opportunities, support programs, and 24 career opportunities. The fact was pointed out at the meeting that no 25 comprehensive listing of youth services or community services in general 26 exists. Councilmember Makowske proposed that this be considered as a 27 future project for the Council in conjunction with Community Services. 28 Councilmember Makowske reported that she plans to attend the June Ramsey 29 County League of Local Governments meeting regarding the 30 responsibilities and activities of mayors and city managers and turnover 31 of city managers. 32 Councilmember Makowske made reference to a letter from Eileen Tompkins, 33 which was received by all of the Councilmembers. She stated that 34 Councilmember Ranallo suggested that the Council contact Lori Hacking 35 at the League of Minnesota Cities for some ideas regarding the vote of 36 our state representative and how it affects our City regarding taxation. 37 Acting City Manager VanderHeyden informed the Council that a schedule 38 of Council meetings with an invitation to visit has been forwarded to 39 Representative McGuire. 40 Councilmember Makowske reported that a bulletin had been received from 41 the Association of Metropolitan Municipalities regarding nominations for 42 various boards. She asked whether any Councilmembers had interest in 43 joining those boards. Response was negative at this time. 44 Councilmember Enrooth reported -that he has sent a mailing to the 45 Recycling Task Force Committee and received six or seven positive 4 responses from those who would like to meet again. A meeting has been 2 tentatively scheduled for July 12th, at which time feedback on the 3 proposed ordinance will be solicited for incorporation into a final 4 draft for presentation to the City Council meeting on July 25th. 5 Councilmember Makowske commented that Falcon Heights is pursuing the 6 recycling issue in the same direction as St. Anthony but that their 7 Commission is working on some alternative solutions which are reflected 8 in their newsletter. Acting City Manager VanderHeyden requested a copy 9 of the Falcon Heights newsletter. Councilmember Makowske agreed to 10 provide copies, and indicated that Falcon Heights was interested in 11 having a copy of the St. Anthony ordinance. Brief discussion followed 12 regarding the lack of competitively-priced recycling Services since 13 Super Cycle went out of business. 14 Councilmember Marks reported that he attended a meeting of the 15 Intergovernmental Coordinating Committee for the Ramsey County Regional 16 Railroad Authority on June 6th. At that meeting an engineer from the 17 Authority gave a comprehensive explanation of the rationale for using 18 certain corridors and not using others in the Twin Cities area. 19 Councilmember Marks commented that progress is being made in bringing 20 light rail service to Hennepin, Ramsey, Anoka, and even Dakota counties. 21 At this time, there is no prospect of a route -through St. Anthony. 22 DEPARTMENTS AND COMMITTEES 03 Brief discussions preceded orders to file the following:. 24 *Liquor Operations May, 1989, sales summary 25 *Financial reports for February and March, 1989 26 *Hance & LeVahn, Ltd. , regarding matters conducted at the Hennepin 27 County District Court up to and including May 17 , 1989 28 *Fire Department May, 1989 report. 29 ACTING CITY MANAGER 30 Acting City Manager VanderHeyden reported that she attended the League 31 of Minnesota Cities conference the previous week. She learned through 32 Governor Perpich's speech that the Truth in Taxation laws could be 33 suspended for this year because it is impractical for municipalities to 34 have their budgets certified on time under the existing legislation. 35 Therefore, St. Anthony will prepare its 1990 preliminary budget based 36 upon its previous year's budget. 37 Acting City Manager VanderHeyden stated that she had requested of City 38 Attorney, Bill Soth, an accounting of the monies spent by Dorsey & 39 Whitney concerning Evergreen Development. The amount spent totals 40 $5,083 .09. • 5 1 Acting City Manager VanderHeyden reported that the city manager profiles • 2 have been received from the session with Barb Arney and that Ms. Arney 3 is available to answer questions regarding those profiles. 4 NEW BUSINESS 5 Request from Firstar St Anthony Bank, N A fort a Canopy 6 Kathy Cripe of__ Firstar St. Anthony Bank. N.A. appeared before the 7 Council to request permission to erect a 20' X 20' canopy in the 8 northern corner of the bank's front parking lot on June 30th from noon 9 to 6:00 P.M. The purpose of the canopy is to house entertainment and 10 an ice cream truck, which are part of the promotional festivities it planned to celebrate the re-opening of the bank under its new ownership. 12 Council Action 13 Motion by Marks, seconded by Enrooth, to allow erection of the canopy 14 as requested by St. Anthony National Bank N.A. on June 30, 1989. 15 Motion carried unanimously. 16 ' Quotations for Electrical Work at Apache Wells 17 Council Action 18 Motion by Sundland, seconded by Makowske to approve the bid of Dickson 19 Electric in the amount of $10,645.00 for the electrical work at Apache 20 Wells liquor operation. 21 Motion carried unanimously. 22 Silver Lake Geese Removal Project 23 Acting City Manager VanderHeyden stated that she was informed by Dr. 24 James Cooper of the University of Minnesota that the geese removal 25 project will need to be extended by one year, which will result in a 26 four-year contract. She provided a breakdown of the costs to the 27 Council . The increase amounts to an additional $334.00 for each of the 28 three participating cities, although the fourth year costs are on the 29 same basis as the first three years' costs. VanderHeyden asked the 30 Council whether she had their consent to sign a four-year contract. 31 Councilmember Enrooth objected to the University having simply sent the 32 four-year contract to the City without an accompanying letter of 33 explanation, and suggested that the matter be tabled until such 34 explanation has been requested and received. 35 Council Action • 6 •1 Motion by Enrooth, seconded by Marks to table approval of the four-year 2 Silver Lake Geese Removal Project contract pending receipt of a written 3 explanation. 4 Motion carried unanimously. 5 Yard Cleanup and Water Bill Assessment 6 Acting City Manager VanderHeyden reported that she had discussed this 7 issue with City Attorney, Bill Soth. She stated that Mr. Soth said a 8 statute exists which permits the City to assess the expenses incurred 9 to the owner's property taxes, and that such assessment may be made in 10 one installment in the case of a private owner. Soth advised that the 11 City make the assessment and wait for a response, even though he is not 12 entirely sure that all the charges are legally assessable. At this 13 time, no response has been received to the City's requests of the owner 14 to clean up the property, although all correspondence has been sent via 15 certified mail . 16 Councilmember Enrooth agreed that such action should be taken, and 17 commented on the unsightliness of the property and the fact that the 18 house has been empty for three years, inviting intruders. VanderHeyden 19 asked for the Council's approval to proceed with the assessment 20 procedure. �1 Council Action 22 Motion by Makowske, seconded by Marks to allow Acting City Manager 23 VanderHeyden to proceed with assessment procedures for yard cleanup and 24 water bill expenses incurred by the City at 3316 Skycroft Circle. 25 Motion carried unanimously. 26 Preliminary Approval of Redesignation of Various MSA Roads 27 Acting City Manager VanderHeyden presented the recommendation of Public 28 Works Director Larry Hamer that Wilson Street from St. Anthony Boulevard 29 to 32nd Avenue N.E. and from 32nd Avenue N.E. and Belden Drive to 33rd 30 Avenue N.E. and Belden Drive be removed from those streets with MSA 31 road designation, and proposed MSA designation of St. Anthony's side of 32 Silver Lane from Silver Lake Road to Oakwood and Old Highway. 8 from 33 33rd Avenue N.E. to Highway 88 . 34 Councilmember Makowske asked for an explanation of the meaning of the 35 MSA designation. She stated her understanding, which is that the City 36 has a certain amount of road mileage that can be designated as MSA, and 37 that the State will maintain those roads so designated. 38 Acting City Manager VanderHeyden confirmed that understanding. Mayor 39 Sundland stated that non-State Aid roads do not qualify to be repaired 40 with MSA funds. 7 1 Councilmember Makowske questioned whether the properties along MSA roads • 2 could still be assessed according to St. Anthony's established 3 assessment procedures should non-MSA funded work be required. 4 VanderHeyden explained that Mr. Hamer's recommendation was based upon 5 the difficulty of obtaining a variance for reconstruction of Wilson, but 6 that MSA approval of Silver Lane and Old Highway 8, which are also in 7 need of repairs, would not pose the same difficulty. 8 Letters from New Brighton and Roseville stating their concurrence with 9 St. Anthony's proposal were reviewed. Brief, unresolved discussion of 10 the jurisdictional history of Highway 88 and Old Highway 8 ensued. 11 Mayor Sundland asked that the Acting City Manager find out for the 12 Council the jurisdiction of Old Highway S. 13 Council Action 14 Motion by Marks, seconded by Makowske to approve redesignation of 15 various MSA roads as recommended by Public Works Director Larry -Hamer. 16 Motion carried unanimously. 17 Resolution 89-017 Regarding Transfer of CDBG Funds 18 Motion by Marks, seconded by Makowske to approve the resolution 19 transferring Community Development Block Grant (CDBG) funds. 20 RESOLUTION 89-017 21 A RESOLUTION TRANSFERRING COMMUNITY DEVELOPMENT 22 BLOCK GRANT (CDBG) ,FUNDS 23 Motion carried unanimously. 24 Resolution 89-007 Regarding Agreement with the MPCA 25 Motion by Enrooth, seconded by Makowske to approve a resolution 26 authorizing the Mayor and Acting City Manager to execute the agreement 27 between the City of St. Anthony and the Minnesota Pollution Control 28 Agency. (MPCA) , with "City Manager" to read "Acting City Manager" in the 29 heading, fourth paragraph, and the signature line. 30 The Council reviewed copies of the agreement. 31 Acting City Manager VanderHeyden informed the Council that the 32 engineer's plans and specifications were approved by the MPCA 33 administration. * The tentative -timetable is for advertisements to run 34 June 30 through July 30, bid openings to occur on August 1, followed by 35 one month to review the bids. 36 Councilmember Makowske questioned page 14, number 3 , asking whether the 37 item referred to ongoing costs to the City which would not be picked • 8 •1 up by the MPGA. Acting City Manager VanderHeyden confirmed that 2 understanding. Makowske then questioned page 15, number 6.4, which 3 reads: "The City recognizes that reimbursement is dependent upon 4 funding through the EPA." She asked whether that sentence implied that 5 the City might be left responsible for payment of certain expenses. 6 Mayor Sundland pointed out a sentence stating that the State is not 7 responsible for changes or delays caused by the EPA. Acting City 8 Manager VanderHeyden responded that the MPCA had refused to alter the 9 sentence referred to by Makowske. She explained that the MPCA limits 10 its role to that of mitigator between the City and the EPA. Mayor 11 Sundland remarked that the statement was not inconsistent with what had 12 previously been presented to the City. 13 Councilmember Marks questioned whether the lawsuit could be reopened at 14 a future date should the remedy prove unsatisfactory. The Acting City 15 Manager responded affirmatively, and explained that the law firm of 16 Briggs and Morgan had advocated such a stipulation in the agreement. 17 Councilmember Enrooth asked about the meaning of language on page 18 of 18 the agreement referring to disposition of the system once the water 19 contamination was cleaned up. VanderHeyden explained that the City 20 must then follow EPA and MPCA guidelines regarding disposal of the 21 carbon and the chemicals, and that the EPA and MPCA would at that time 22 issue instructions to the City on the disposition of the facility 23 itself. *4 Council Action 25 There being no further discussion Mayor Sundland called for a vote. 26 RESOLUTION 89-007 27 A RESOLUTION AUTHORIZING THE MAYOR AND ACTING CITY 28 MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE 29 CITY OF ST. ANTHONY AND THE MINNESOTA 30 POLLUTION CONTROL AGENCY 31 Motion carried unanimously. 32 ADJOURNMENT_ 33 Motion by Sundland, seconded by Enrooth to adjourn the Council meeting 34 at 8:50 P.M. 35 Motion carried unanimously. • 9 1 Respectfully submitted, • 2 Doris Hoskin, Secretary 3 4 Mayor 5 ATTEST: 6 •City Clerk 10