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HomeMy WebLinkAboutCC MINUTES 02241988 Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII iosav Box: 35 Folder: CC MINUTES AND AGENDAS 1988 Document: CC MINUTES 02241988 • C=TY O F S rip ANTHONY EX E C UT=VE S ESS 2 ON O F THE C=TY C OUN C= L FEBRUARY 2 4 , 1 9 8 8 1 The meeting was opened by Mayor Sundland at 10: 31 P.M. 2 Present: l Marks, Ranallo, Sundland, Enrooth, Makowske. 3 Also present: David Childs, City Manager 4 William South, City Attorney 5 STAFF TO SEEK HEALTH DEPARTMENT RECOMMENDATION RELATED TO RISING 6 LEVELS OF CONTAMINANTS IN CITY WELLS 7 Mr. Childs said the above meeting had been scheduled for Monday, 8 February 29th because the contaminant levels in Well #4 had increased 9 from the permitted 5 parts per billion to 15 . He said: 10 *staff wanted to find out whether the Health Department would 11 be insisting on immediate action in response to the raise or 02 would be pursuing the same policy of not taking action which 13 they had been following related to similar contamination pro- 14 blems in other communities; 15 *if the decision is that the City should immediately shut down 16 its wells there might be emergency Superfund dollars available 17 to the City to do that; 18 *the RCM quote the Council had been provided was for further 19 research related to carbon and airstripping vendors, etc. on 20 which Rieke, Carroll Muller could provide the engineering 21 expertise Mr. Hamer was not qualified to give; 22 *Mr. Hamer had recommended RCM be used because he perceived 23 they had the most respected water quality engineers around; 24 *he had delayed having the engineers start on the research until 25 after the Health Department meeting and would be happy to prov- 26 ide Councilmember Enrooth with Mr. Hamer ' s figures backing up 27 his claim. 28 The Manager warned that the Health Department might even be willing to 29 document their unwillingness to take action at this time, which would 30 leave it up to the City to decide whether or not to shut down the 31 wells on its own. He added that unlike the Pollution Control Agency' s C32 change in personnel in the last year, the same people who had ordered Well #3 be closed because of lower contamination levels were still at 34 the Health Department. •1 Individual Lobbying Efforts to be Directed Towards Federal and State 2 Senators and Representatives 3 Mr. Childs indicated he believed individual Council discussions with 4 the above would be far more effective than continued staff efforts 5 towards the following goals: 6 1 . acceleration of the carbon plant timetable at both federal 7 and state levels; 8 2 . efforts to push the new staff at MPCA to move ahead, as 9 agreed to by their predecessors last fall, with 10 the plant design without waiting for the results of testing 11 related to the operation and maintenance of the plant once 12 it' s in operation; 13 3 . state and federal pressures to get the Army to admit respon- 14 sibility and to take action which would automatically speed 15 up the MPCA study. 16 The Manager indicated he perceived staff had a handle on the carbon 17 levels data but needed Congressman Sikorski ' s expertise when dealing 18 with the environmental technicalities and Congressman Sabo' s position 19 on the House Appropriations Committee could be utilized to overcome 20 the Defense Department ' s stalling tactics. 1 Marks suggested state legislators Marty and Rose might be invited to a 2 future Council meeting but perceived he would have to be able to 23 specifically tell Senator Marty just what the Council wanted him to do 24 when the Councilmember met with him. 25 It was agreed that the party in honor of Congressman Sabo' s birthday 26 Sunday night might give the Councilmembers the opportunity to present 27 their cases to the legislator. 28 Mr. Childs indicated he had decided to delay ordering the RCM study 29 until after next Mondav after he and Mayor Sundland had met that 30 morning with Mr. Wong of the EPA, representatives of the MPCA, CDM and 31 Liesch and Associates, as well as and Mr. McDonald of Briggs and 32 Morgan. 33 Mayor Sundland indicated he had perceived Mr. Wong had been quite 34 impressed with the call he had gotten from Congressman Sikorski ' s 35 office protesting the delays in getting the City' s water filtration 36 plant installed. He said he agreed with Mr. Childs ' perception that 37 individual conversations and not letters seeking legislative 38 assistance would be more effective and also knew how important it 39 would be for each Councilmember to be specifically schooled by staff 40 as to what the problems were and what action was being sought. 41 Respectfully submitted, �2 Helen Crowe, Secretary 2 • C 2 TY O F S T . ANTHONY C OUN C= L M 2 NUTE S FEBRUARY 2 4 , 1 9 8 8 7 : 30 P _ M _ 1 The meeting was opened at 7: 30 P.M. with the Pledge of Allegiance led 2 by Mayor Sundland. 3 Present for roll call: Marks, Ranallo, Sundland, Enrooth, Makowske. 4 Also present: David Childs, City Manager 5 William Soth, City Attorney 6 Larry Hamer, Public Works Director 7 FEBRUARY 9 , 1988 COUNCIL MINUTES 8 Motion by Makowske, seconded by Marks to approve with the following 9 changes: 10 Page 1 , line 6 : Indicate William Soth, City Attorney, was 11 present. 12 Page 8 , line 31: Substitute 11$2. 00" for "$3 . 00" . 13 Page 8 , line 35: Substitute "$7 . 50" for "$8 . 00" . 14 Page 9 , line 22 : Delete "the only gain would be that" between 405 "thinks" and "it would be. . " . 16 Motion carried unanimously. 17 LICENSES/PERMITS/PETITIONS 18 Motion by Marks, seconded by Enrooth to grant a new heating license to 19 Market Mechanical and to renew the remainder of the licenses and 20 permits listed in the February 24th Council agenda packet as follows: 21 Off-Sale Beer Rubbish Removal 22 Country Club Market `Taste Management 23 Speedy Market #7 Twin City Sanitation 24 Keith Krupenney & Son Disposal 25 On-Sale Beer 26 Minneapolis Bowl-O-Mat Contractors 27 Cigarette American Remodeling, Inc . 28 Twin City Exteriors Co. , Inc. 29 Mico Oil Company, Inc. Suburban Lighting, Inc. 30 Get It For Less, Inc. 31 Service Station 0.s 2 Mico Oil Co. , Inc. 3 Speedy Market #7 34 St. Anthony Standard, Inc. 35 Dave ' s Apache Auto Wash 36 Motion carried unanimously. •1 CLAIMS 2 Motion by Marks , seconded by Enrooth to approve payment of all the 3 City accounts payable listed for December 31 , 1987 and liquor accounts 4 payable for January 31 , 1988 in the February 24th Council agenda 5 packet and the February 24th listing of City accounts payable which 6 were distributed before the meeting. 7 Motion carried unanimously. 8 Motion by Makowske, seconded by Enrooth to approve payment of 9 $26 ,082 . 04 to the Metropolitan Waste Control Commission for February 10 sewer services. 11 Motion carried unanimously. 12 Motion by Marks, seconded by Makowske to approve payments of 13 $1 ,127 . 09, $3 , 621.04 , and $3 ,840 to Rieke-Carroll-Muller Associates , 14 Inc. for engineering services through January 30 , 1988 on the City' s 15 sanitary and storm sewer studies as well as the study for completing 16 the reconstruction of St. Anthony Boulevard to the City boundaries, 17 respectively. 18 Motion carried unanimously. 409 REPORTS 20 FEBRUARY 16 , 1988 PLANNING COMMISSION MINUTES - RICK WERENICZ 21 Application: from Gene Happe of EFH Company, 1601 East Highway 13 , 22 Burnsville, Apache Squares Center owners, who was pre- 23 sent but didn' t speak; 24 for the proposed 80 square foot pylon sign the ordin- 25 ance allows each shopping center as well as 88 square 26 feet of wall signage for four businesses in the center, 27 all of whic'1-1 meet the City Sign Ordinance regulations. 28 Commission 29 recommendation: approval. 30 Marks Fears Jungle of Pylon Signs in Apache Area 31 Because of this perception, the Councilmember indicated he believed 32 action was necessary at this time to prevent every building in that 33 retail center from seeking its own pylon sign. He mentioned the 34 Firestone store and "stilt building" as examples. 35 He was told the ordinance interpreted buildings with multiple 36 businesses but different ownership to be shopping centers. The 407 Country Store building, on the other hand, did not meet that criteria 8 because it had single ownership with Apache Plaza. 2 •1 The City Zoning Ordinance only made a generic reference to shopping 2 centers and the City Attorney indicated it was up to the Council to 3 interpret whether or not this building fell under that 4 classification. The suggestion was made that the Planning Commission 5 might want to research the issue to see if the criteria needed 6 tightening up. 7 Mayor Sundland recalled the involved discussions between the Council 8 and Planning Commission about the signage allowed the Apache Medical 9 Building, which he perceived once it was up was hardly noticeable at 10 all. 11 Council Action 12 Motion by Makowske, seconded by Ranallo to accept the Planning 13 Commission recommendation to approve the request for signage under 14 Section 430: 40 Subdivision 8b ( 3 ) of the City Sign Code as presented 15 for the Apache Squares Shopping Center, 2504-2524 - 39th Avenue N.E. , 16 finding, as did the Planning Commission, that: 17 1 . Staff had indicated the proposed free-standing center 18 identification sign and the comprehensive plan for indivi- 19 dual business signage in the center would meet all the Sign 20 Ordinance requirements and would provide the type of sign- 21 age St. Anthony desires for the community. 02 2 . No public opposition was expressed during either the 23 Planning Commission or Council considerations of the 24 application. 25 Voting on the motion: 26 Aye: Makowske, Ranallo, Sundland, Enrooth. 27 Nay: Marks. L8 Motion carried. 29 Council Directs Non-Conforming Signage Off Dairy Queen 30 Application: from Albert Plaisted, owner of the St. Anthony 31 Dairy Queen, 2612 Highway 88 ; 32 for a sign variance for the existing signage put up on 33 the building after it was leveled and rebuilt in 1986 , 34 including: 35 1. One 4 foot X 6 foot rotating roof sign with 36 Dairy Queen logo which was originally allowed 37 on the building as "non-conforming, but grand- 38 fathered in with the 1973 Ordinance; • 3 • 1 2 . Two ( 2 ) wall sign units on each side of the 2 building with 3 X 5 foot Dairy Queen logos and 3 individual lettering "Dairy Queen" , 22 inches 4 X 14 feet each in size. 5 Documentation: same as presented at February 12 , 1988 hearing plus 6 minutes of that meeting. 7 Commission Werenicz noted the history of the controversy around 8 report and this signage which he considered would be unproductive 9 recommenda- to go into again; 10 tion 11 reported that the Planning Commission was recommending 12 to the City Council that the proposal for a sign vari- 13 ance to allow the signage which is currently on the 14 Dairy Queen after the store was "remodeled or rebuilt" 15 as the Council chose to interpret it be granted; 16 reported the Commission recommendation which acknow- 17 ledged this would involve a variance of approximately 18 92 square feet over what the Ordinance allowed a 19 building of that size; 20 reiterated the Commission findings that the signs were 21 in good taste; precedents had been established for 2 allowing businesses with multi-frontage exposure addi- 3 tional signage; and that there had been. no expressions 24 of public opposition to the proposal. 25 Ranallo Recalls Similar Cases where Signage Was Disallowed 26 The Councilmember told Commissioner Werenicz that another precedent 27 had been set for disallowing existing signage when the Council made 28 the owner of the barber shop on Lowry Avenue take down his non- 29 conforming signage when he redid the whole front of his building. He 30 was concerned that merchant ' might perceive unequal treatment if this 31 merchant were a11cu:ea tc keep his non-conforming signage after making 32 the improvements to the extent he did of his building. 33 The Commission representative responded that "to be honest, the 34 Commissioners felt they had been taken" in this instance, having had 35 no prior notice that the building would be leveled instead of just 36 having an addition put on when the drive-through facility was added. 37 Parallel Drawn to Mickey D' s Restaurant Signage 38 Commissioner Werenicz indicated he perceived Commissioner London' s 39 comments after the Commission had voted 5 to 2 to recommend approval 40 of all the signage on the building accurately reflected the majority 41 of the Commissioner ' s feelings of frustration after the reception 42 their recommendation to deny in the above case had been overturned by �3 the Council. 4 � 1 Applicant' s Wife Gives Their Side of the Controversy 2 Janet Plaisted reacted to the statement that the Dairy Queen building 3 had been completely removed by stating the foundations had been left 4 intact. She was told that with no basement under the building, it 5 would be hard to calculate the foundation as more than 30% of the 6 building. 7 Werenicz indicated that from the elevations the Commission had been 8 furnished at the first Commission meeting, as well as the impression 9 both the applicant and contractor left with the Commission that 10 evening, the Commissioners believed the building was only going to be 11 remodeled for a drive-through addition and all were shocked to see the 12 building leveled the next day. He added that he perceived these 13 impressions were accurately reflected in the minutes of the 14 Commission' s October 21, 1987 meeting in the Council' s agenda packet. 15 Ranallo said it was clear to him that at least 70% of the building had 16 been removed, which meant the roof sign was no longer grandfathered 17 in, which could result in other merchants who had been denied signage 18 might be asking to have it reinstated if the rotating sign was left up. 19 Makowske indicated she didn' t think a parallel could be drawn between t220 this store and the Lowry Avenue barbershop which fronts on only one 1 street. She said that, in spite of the "bad taste" she also shared 2 about the way the Dairy Queen owner had handled the matter, she still 23 thought there were some good reasons for allowing this roof sign to 24 remain, including the fact that the Commission had recommended the 25 Council do so. 26 The Councilmember then made a motion which granted a variance for all 27 the existing signage on the Dairy Queen building, which Mayor Sundland 28 seconded for purposes of discussion. 29 Marks offered as a "different perspective" in the issue, "the fact 30 that there had been cases in the past like the Mickey D' s Restaurant 31 where the Council had chosen to overlook whether or not the City had 32 been taken" in favor of basing their decisions on whether or not a 33 particular building needed more signage than the ordinance allowed. 34 Ranallo objected to the terminology inferring the City had "been 35 taken" in this case because up to now, the Council, who makes the 36 final decision, had only given approval to the drive-through Addition, 37 October 28 , 1986 and denied a companion request for a free-standing 38 sign in front of the store. 39 In reference to the connection drawn between this signage and Mickey 40 D' s, Councilmember Ranallo said he thought the Dairy Queen building 41 was a sign in itself where the Council had recognized it would be 2 difficult for persons driving by the restaurant to know what business 3 was conducted there without signage. The Councilmember added that 5 1 there had been miscommunications between staff and the applicant in 2 the case of Mickey D' s which, as far as he could tell, had not been 3 true with the Dairy Queen. 4 As far as he was concerned, the rotating sign on top of the Dairy 5 Queen had to come down, the Councilmember said. 6 Mrs. Plaisted disputed these remarks, saying the tall copper colored 7 roof on the St. Anthony Dairy Queen was completely new to this area 8 where all other stores of this kind still retain the red barn mansard. 9 She reiterated the roof and signage on her store is the only type 10 Dairy Queen sells at this time, so she and her husband had no choice 11 but to buy or forget it altogether. She continued to insist her 12 husband and his contractor believed the building permit issued by Mr. 13 Hamer covered the signage as part of the building plans. 14 Werenicz told Mrs . Plaisted the only recommendation the Commission 15 had made to the Council after the firstOctober 21 , 1986 hearing had 16 been to deny the pylon sign requested in front of the store. As the 17 minutes of that meeting clearly show, although his options for signage 18 were discussed at that meeting, Mr. Plaisted had been warned by two 19 Commissioners that the rotating roof sign would lose its 20 grandfathered in status and was told that although the City ordinance 21 only allowed one sign per store, he might be allowed "one additional 22 sign because of his location. " The Commissioner commented that was certainly not the same as the current signage on both sides of the *23 4 building as well as the rotating sign on the top of the building, 25 which he agreed, should come down. 26 The Commissioner also told Mrs . Plaisted the difference between the 27 plans presented at the first hearing and those Mr. Plaisted brought to 28 the July 21 , 1987 meeting with the Commissioners certainly confused 29 the issue and reinforced the Commissioners ' recollection that the 30 applicant and his contractor ' s presentation at the October hearing had 31 given them the impression that only a remodeling job was contemplated. 32 Childs , who had not been present for the first hearing, commented that 33 he perceived from reading those minutes that Commissioner Hansen had 34 told Mr. Plaisted that although he might be able to put his revolving 35 sign back up on the roof, he would still have to apply for a variance 36 "for any additional wall sign. " 37 Hamer who had taken the City Manager ' s place at the first hearing, 38 told Mrs. Plaisted she and her husband were still mistakenly insisting 39 the building permit, which he had issued for the structure alone, 40 covered signage as well. He indicated he always tells applicants 41 signage is a separate issue and perceived the very fact that the 42 applicant had submitted an application for the free-standing sign, 43 which had been denied, indicated he and his contractor knew they had 44 to come to the Commission and Council for sign approval. 46 6 • 1 Werenicz confirmed Mr. Childs ' report that much of the same ground 2 being plowed that evening had been part of the "heated" hour and a 3 half discussion the Commission had with the applicant July 21 , 1987 . 4 He indicated confusion as to what should be done now that the 5 expensive signage is all up, had led to the Commissioners, without 6 taking a vote, indicating to Mr. Plaisted that if he would make a 7 formal application for the existing signage, although there was no 8 guaranty, the Commission would probably look favorably upon 9 recommending he be allowed to keep the signage. 10 The Commission representative told the Council that what had happened 11 at the Dairy Queen had a lot do with the Commission' s taking a hard 12 line on the Mickey D' s signage where they perceived a direct 13 parallel. 14 Enrooth commented that even though the perception might now be that 15 the City hadn't really "been taken" on the Dairy Queen signage, he 16 certainly hoped the steps staff had taken to tighten up variance 17 processing procedures would help to prevent future problems like those 18 experienced with the Dairy Queen and Mickey D' s Restaurant signage. 19 Makowske drew attention to page 5 of the October 21st minutes which 20 talked about the pylon sign the Council denied as well as "the logo to 21 be added to the new mansard roof" which she now had no trouble with 22 and although she said she was bothered by having the revolving sign on 43 the roof put back up after the structure was more than 70% changed, 4 called for . a vote on her motion to allow all the signage to remain on 25 the Dairy Queen as recommended by the Planning Commission. 26 Voting on the motion: 27 Aye: Sundland. 28 Nay: Makowske, Ranallo, Enrooth, Marks. 29 Motion not carried. 30 The original plans were compared to those in the agenda packet which 31 had been submitted for commission and Council consideration in 1986 32 before a vote was taken on Councilmember Ranallo' s motion, which he 33 said he was going to make because he perceived the signage on both 34 sides of the building more than adequately identified the Dairy 35 Queen. 36 Mr. Soth suggested it was unnecessary in this case to specify signage 37 size and suggested the Council be very specific in their findings for 38 signage they proposed disallowing or retaining. 39 Council Action 40 Motion by Ranallo, seconded by Marks to grant the necessary variance it1 to the City Sign Ordinance requirements which would allow the Dairy 7 • 1 Queen owners to keep the signage they have on the two sides of the new 2 mansard roof on their building at 2612 Highway 88 but to deny the 3 retention of the rotating roof sign on top of the building. In 4 granting the variance for the logos and lettering on the mansard roof, 5 the Council finds that: 6 1 . A particular hardship to the applicant would result if the strict 7 letter of the ordinance regulations are adhered to because the 8 building' s size seems to call for more signage for a building 9 which fronts on two platted streets and has traffic flowing 10 around three sides, making that parcel unique to that particular 11 area and neighborhood; 12 2 . Granting this variance will not be detrimental to the public 13 welfare or injurious to other properties in the same area; 14 3 . No public expressions of opposition to the variance being granted 15 had been presented during the Planning Commission or Council 16 hearings on this issue. 17 In denying the retention of the 4 X 6 foot rotating sign on the roof, 18 the Council finds that: 19 1 . The grandfather clause under which the Dairy Queen had been 20 allowed to keep the sign after the new Sign Ordinance had been 1 written, no longer applies because the building had been com- 2 pletely leveled and rebuilt in 1986 ; 23 2. This parcel could not be considered to be unique enough to over- 24 ride possible injury to other property owners in an area where a 25 strong precedent for disallowing that type of signage had 26 already been established; and 27 3 . Sufficient hardship had not been demonstrated to justify granting 28 a variance for a type of signage not allowed other property 29 owners in the same area. 30 Voting on the motion: 31 Aye: Ranallo, Marks, Enrooth, Makowske. 32 Nay: Sundland. 33 Motion carried. 34 Council Concurs With Commission Tabling TCF Expansion Request 35 The general consensus was that allowing the proposed expansion would 36 probably not cure the parking and traffic problems at the Silver Lake 37 Road site and that further study of those problems was necessary. • 8 • 1 Mayor Sundland commented that he agreed with the Commission perception 2 that the increase in business since the institution became a checking 3 as well as savings bank should not become a burden for the neighbors. 4 Vacant Lot to Retain R-1 Zoning 5 The Council agreed with the Commission recommendation that the request 6 from Reliable Builders to rezone the lot left vacant when the 7 intersection of Silver Lake Road and 37th Avenue N.E. was 8 reconstructed for a double bungalow be denied. Commissioner Werenicz 9 reported neighbor opposition had also played a major part in the 10 Commission' s recommendation. He said the Commissioners also agreed 11 with the neighbors who were present that changing from a single family 12 dwelling on that corner could be expected to add to rather than 13 diminish the existing traffic congestion in that area. He reiterated 14 his own perception that keeping the zoning R-1 would not have too 15 great effect on its marketability. 16 Mayor Sundland indicated that by following the Commission 17 recommendation the Council would be in conformance with the 18 Comprehensive Plan for that area which called for the retention of- 19 R-1 zoning for all the properties on 37th Avenue, east of Silver Lake 20 Road. 21 There was no one present from Reliable Builders. No further input was 2 given by neighbors Roger Rafferty and Bruce Anderson, who were present 3 and later expressed satisfaction with the manner in which the rezoning 24 request had been handled. 25 In his February 23rd memorandum on the matter, which had been 26 distributed to the Council prior to the meeting, Mr. Soth had advised 27 that any motion to deny the rezoning should go beyond just neighbor 28 approval and should include some of the good reasons reported in the 29 Commission minutes but not included in their recommendation to deny. 30 Council Action 31 Motion by Ranallo, seconded by Marks to affirm the Planning Commission 32 recommendation to deny the Reliable Builders ' request to rezone the 33 property at 3657 Silver Lake Road from R-1 , single family 34 residential, to R-2 , two family residential, finding that: 35 1. The City' s Comprehensive Plan designates R-1 zoning for this and 36 other property on 37th Avenue N.E. , east of Silver Lake Road. 37 2 . Rental property with transient inhabitants is not therefore 38 appropriate for this location. 39 3 . Surrounding property values will be adversely affected by 40 changing the zoning. • 9 1 4. Neighbors have every reason to expect the zoning in their neigh- 2 borhood would remain R-1 and several of these were present at the 3 February 16, 1988 Commission hearing to express opposition to the 4 proposed rezoning. 5 5. R-2 zoning would be likely to increase traffic and congestion in 6 an area where there are already traffic concerns. 7 Motion carried unanimously. 8 Discussion About Difference in Recommendations Related to Mickey D' s 9 Signage 10 Commissioner Werenicz explained some of the Commission concerns 11 reported in the minutes by saying there was a perception on the 12 Commission that they might be getting "mixed signals" from the Council 13 related to planning issues. He said this uncertainty as well as the 14 realization that the Planning Commission is only an advisory board had 15 played a big part in the Commission' s reluctance to suggest a harder 16 stance related to the excessive signage on the Dairy Queen after what 17 had happened to their recommendations related to Mickey D' s Signage 18 where the Commissioners were convinced the City "had really been 19 snowed. " 20 Ranallo assured the Commissioner that the Council thought they were 4*23 1 doing a fine job and benefited from their input. He reminded him 2 that the Council has legal guidance the Commission doesn' t have and often in cases like the Mickey D' s signage the Council may have 24 predicated its decision on the legal ramifications of that issue. 25 Marks told the Commission representative the Council relies on the 26 Commission' s best possible interpretations and findings on issues even 27 if they get overturned. He said the Council doesn' t want the 28 Commission to be driven by what they think the Council wants to hear 29 but rather wants their best independent thinking on every matter 30 which comes up for their recommendations. He said he continued to 31 believe that in both the Dairy queen and Mickey D' s matters , the 32 Council had tried to get past the differences and to grant signage 33 based on what signage was really needed for those two different 34 locations. He said in the case of Mickey D' s signage, a photo of how 35 the restaurant looked as you approached it from the east had 36 convinced at least some of the Councilmembers that the businesses 37 needed signage on that side. He insisted on the fact that the applicant 38 had already bought the sign had really not been a factor in that 39 decision. 40 Sundland indicated the Council ' s minutes accurately reflected the 41 Council' s skepticism about the sign company' s sign measurements but 42 at the same time recognized the restaurant needed better 43 identification. 16 10 � 1 Enrooth agreed, and added the Council had certainly wanted to do 2 anything it could to have a business succeed in that troubled location 3 where an empty building would certainly not be good for the 4 community. 5 COUNCIL REPORTS 6 Constituents Calling About Sewer and Aircraft Noise Concerns 7 Makowske reported receiving calls from residents about storm and 8 sanitary sewer problems which she had indicated the City would have a 9 better handle on after receiving the Rieke-Carroll-Muller engineering 10 report and recommendations. She said she was also receiving 11 complaints about the increase in air traffic over St. Anthony. 12 The Councilmember also indicated she had learned there had been 13 motions related to the City' s water contamination problems passed at 14 both the IR and DFL caucuses the previous evening which should 15 generate support from both parties. 16 Consensus Hard to Get On Tax Issues 17 Ranallo reported the LMC Board was having difficulty agreeing on a 18 recommendation to the legislature related to reclassifying the 19 property tax base because of the three way split between the five 10 largest cities, smaller cities, and suburbs, and the outstate cities 21 from which mixed messages are going out to the legislators. It is 22 hoped some consensus can be reached during the next Board meeting 23 which is scheduled for March 3rd so the League can get out the cities ' 24 needs for reclassification. 25 Some Movement Perceived Related to Carbon Plant Schedule 26 Sundland briefly drew the Council' s attention to the draft of the 27 minutes they had been provided for the meeting he, Mr. Childs, and 28 Mr. Hamer had attended that day with Gene Wong of the EPA; Maureen 29 Johnson of the MPCA; Tim Henning of CDM; David McDonald the City' s 30 attorney from Briggs and Morgan; and Ken Olson from Bruce Liesch where 31 those present discussed ways to expedite the proposed schedule for 32 completion of the City' s carbon filtration plant. He said he 33 perceived from Mr. Wong' s attitude that he had been impressed by the 34 call from Congressman Sikorski ' s staff expressing the Congressman' s 35 strong interest and concern about the process. 36 Marks to Head Youth Service Bureau Board for Another Year 37 The three top officers for the above organization were re-elected 38 during a meeting of the full Board last week, Marks reported. 39 Councilmember Receives Calls About School Board Meeting 10 11 1 Marks indicated he told callers that the Council meeting that evening 2 had prevented him from attending the school ' s meeting, which he 3 wouldn' t have gone to anyway not wanting to bias in any way the 4 decision which the School Board has to make on its own related to the 5 use of Parkview. 6 County Commissioner Sivanich Welcomed by Second Precinct Caucus 7 Marks indicated the above action had been taken by resolution. 8 As an aside to Councilmember Makowske ' s report on the caucuses , he 9 said there was certainly a lot of interest in the City' s water 10 contamination problems where concern was expressed that the Army 11 wasn't moving fast enough to correct the problem they had caused. 12 DEPARTMENTS AND COMMITTEES 13 The Hance & LeVahn, Ltd. , report on cases they had prosecuted at the 14 Hennepin County District Court, February 3 , 1988, was ordered filed 15 after a brief discussion of the phone call Councilmember Makowske 16 reported receiving expressing concern about the number of arrests 17 for marijuana possession recently reported in the Bulletin. She said 18 she had received assurances from Chief Hickerson that the incidents 19 didn' t indicate "crack houses in St. Anthony" but only involved 20 persons picked up for DWI ' s or some other crime who were only passing •21 through the Village. 22 CITY MANAGER REPORTS 23 Mr. Childs explained that the February 22nd staff meeting had been 24 held after the agenda had been put together so the meeting notes 25 would be held over until the next agenda packet. 26 St. Anthony Faces Stricter Recycling Requirements 27 The City Manager had advised in his February 18th memorandum that 28 staff was under great pressure from both Hennepin and Ramsey Counties 29 to get with the curbside recycling program aspects of which he 30 discussed at some length as an aid to the Council' s giving him 31 guidance on how to proceed. In his memo he discussed the different 32 county approaches to the problem, indicating that: 33 *in spite of the fact that the City has one of the most suc- 34 cessful and profitable dropoff recycling centers with much of 35 the material collected coming from outside St. Anthony, it will 36 be very difficult to meet the 16% goal set for us ; 37 *the two proposals from Recycling Unlimited and Waste Management 38 were very different and would require close study by the Council 39 members before a choice is made; however, 0 12 • 1 *they had been included in the agenda packet that night as a 2 basis for preliminary guidance as to how staff should proceed; 3 *the Mayor had suggested a citizens task force to study the 4 issue because state law mandates a public hearing before all 5 residential pickups could be transferred to one hauler; 6 *even though 85% of the hauling is done by Waste Management now, 7 St. Anthony residents are very covetous of their right to 8 select their own hauler. 9 Hamer warned it wouldn' t be very long before sorting at the source 10 would become mandatory and even if that didn' t happen, hauling costs 11 would be rising so dramatically it would become too expensive not to 12 comply. 13 Sundland pointed out that dump sites now have to take out expensive 14 insurance to cover damage done if leaks occur. 15 Makowske wanted to be sure the haulers would take cardboard wastes. 16 Enrooth suggested the recycling center start taking cardboard, which 17 if all the rubbish from supermarkets, etc. were counted, could help 18 the City a good deal to meet its goal. The Councilmember wondered 19 whether making the residents more aware of the City' s goal might 20 avoid having to go to a mandatory program. • 21 Childs told him the last four Newsletters had carried that message 22 with little response and although St. Anthony is already far ahead of 23 other communities in its voluntary efforts, it might still be tough to 24 triple those efforts without some type of curbside program. He also 25 agreed that although there' s not much market for shiny cardboard, 26 those products are easily burned and could be acceptable for the 27 waste-to-energy plants. 28 Hamer reported the City had earned $5 , 000 from its recycling center 29 last year and with a substantial percentage coming from outside the 30 City. He said he is in the process of surveying the City' s business 31 establishments and stores to find out how much of their wastes are 32 being recycled which with the tonnage given to paper drives can be 33 calculated to help meet the 16% goal. 34 Marks indicated that on an average, every person in Hennepin County 35 generates a ton of garbage a year and with 8 ,000 people in St. 36 Anthony, there would be a lot of tonnage included in City' s goal 37 amount. 38 Ad Hoc Committee to Study Recycling to be Formed 39 Sundland said he would like to see both residents who support 40 recycling and those with reservations about the program on the Ad Hoc �1 study group. There was general consensus to use this approach. Mr. 13 1 Childs said that was the direction he was looking for and would 2 proceed to make preparations. 3 NEW BUSINESS 4 $5, 160. 00 Deducted From Stonehouse Addition Contractor' s Charges 5 Motion by Marks , seconded by Enrooth to approve Change Order #5 on the 6 above contract amount on the project in accordance with discussions at 7 previous Council meetings. 8 Motion carried unanimously. 9 Foss Road Lift Station Ordered Replaced and Financing to be Studied 10 Mr. Childs asked for direction related to how the $198 ,000 project 11 would be paid for. He indicated: 12 *this was the first time in many years such a large sanitary 13 sewer project had been undertaken; and he wanted to know 14 whether the Council wanted to finance the construction by 15 ( 1) direct assessment to the Ramsey County users or ( 2 ) to 16 increase the sewer rate to all City users; 17 *confirmed that Happy Potato Chip plant was a major user and 18 their rates reflect that; • 19 *was directed to get not only the comparisons between their flow 20 and those of the area residential users but also the figures for 21 different scenarios related to assessing by use or over the 22 whole City anticipating similar projects in other parts of the 23 Village. 24 Council Action 25 Motion by Marks, seconded by Enrooth to adopt Resolution 88-009 and to 26 direct stafflergineers to research specific methods of financing the 27 lift station. 28 RESOLUTION 88-009 29 A RESOLUTION AUTHORIZING SHORT-ELLIOTT-HENDRICKSON, INC. 30 TO PREPARE THE PLANS AND SPECIFICATIONS FOR THE 31 PROPOSED FOSS ROAD LIFT STATION 32 Motion carried unanimously. 33 Lease Approved for LaMere Barber Shop in Fire Station Building 34 Motion by Marks, seconded by Makowske to adopt the resolution 35 authorizing execution of the four year lease with the owner of the �6 barber shop as negotiated by staff subject to additional language in 14 • 1 the lease which establishes compensation for renter should the City' s 2 Parkview lease be terminated, causing the City to need that space. 3 RESOLUTION 88-010 4 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER 5 TO EXECUTE THE OFFICE SPACE LEASE WITH PHIL LAMERE, 6 dba BARBER STYLISTS FOR RENTAL AT 7 2800 KENZIE TERRACE 8 Motion carried unanimously. 9 Survey Shows Community With Very Positive Feelings About St. Anthony 10 A summation of the results of the above survey had been distributed 11 and were discussed with Bill Morris and Diane Traxler of Decision 12 Resources Ltd. , the firm who had conducted a telephone survey of 400 13 randomly selected residents of St. Anthony between December 14-21 , 14 1987 . 15 Mr. Morris hit the nine highlights of the survey as follows: 16 1. Resident makeup. City has an extremely high mobile segment as 17 compared to other first ring suburbs; 18 St. Anthony is an aging, middle income, white collar community of 1019 which 36% of those interviewed were new to the community within 20 the last two years and 31% intended to move within the next year; 21 most of these were renters in the northern apartment areas and 22 many of them indicated they would like to find permanent homes 23 in the southern sections. 24 2 . Quality of life rated excellent. Mr. Morris said this gave 25 St. Anthony the most solid rating of any community their firm had 26 surveyed in the metropolitan Twin Cities area, including "boom" 27 areas like Egan, Woodbury, Shoreview, who get better coverage but 28 are rated less positively by their residents than St. Anthony in 29 this respect; 30 80% take pride in their City; 3/4ths of the residents felt things 31 going in the right direction, and 93% view the City as a good 32 place to raise children; 33 health and vitality of community rated as one of the strongest 34 in the metropolitan area and clearly distinguishes the City 35 from lower norms for other first ring suburban communities. 36 3 . Location and small town spirit are key draws . One resident' s 37 classification of St. Anthony as "a small town close to a big 38 City" summed up most of the respondents ' attitudes. Thirty per- 39 cent of these indicated they were St. Anthony boosters , which 15 5 • 1 compares very favorably with norm of between 15% and 20% found in 2 other community surveys; 3 no single major problem was identified, but 7% reported concerns 4 about water and 8% complained about the condition of the streets. 5 No significant "dark clouds on horizon" that even a small number 6 of the residents are aware of. 7 4. Community not dogmatically anti-tax indicated that given the com- 8 munity demographics, would have expected to see fewer people 9 supporting a tax increase to maintain the current level of ser- 10 vices, but 53% of those contacted supported that concept and only 11 36% opposed. Most people consider taxes "about average" and 12 there weren' t a lot who consider the property taxes they pay 13 onerous. Two services which are definitely "sacred cows" which 14 the community would object cutting are snow plowing and park 15 maintenance. The message came over loud and clear that a prudent 16 approach when it came to taxes and spending really characterized 17 the St. Anthony residents because the moderate approach when it 18 came to the City Hall was the consensus choice of 47%. The 19 survey indicated the community perceived what was being proposed 20 was logical once they understood what was going to be done. 21 Community is prudent but certainly not opposed to taxing for a 22 good solid level of City services. 3 5 . City services given excellent ratings: park maintenance; snow 4 plowing; police and fire protection. Street maintenance, animal 25 control, and storm sewers were given slightly lower ratings but 26 still got 70% approval. What really split the community was 27 water. 28 Police patrolling considered adequate; City streets and storm 29 sewers posed only minor and not major problems; code enforce- 30 ment was considered to be about right in terms of toughness; 31 City parks are very well used and rated high with the exception 32 of playground equipment which still only attracted a minor 33 number of negatives i. the survey. The commercial areas were 34 the only ones who came under fire in terms of appearance. They 35 were termed "displeasing to neutral" by nearby neighbors. Over- 36 all in terms of performance, the City rated generally well. 37 6. City government and staff given highest rating compared to 38 other communities surveyed - considered to be most popular and 39 respected of any other of the Communities the firm has surveyed 40 the last few years. Forty percent knew a great deal or a fair 41 amount about what the Council and the Mayor were doing, which is 42 a very high number. The approval rating was 79% which topped 43 Decision Resource' s high and established a new norm for other 44 communities to meet. Also high were the 31% of the respondents 45 who had some interaction with the staff , which Mr. Morris in- 46 terpreted to mean that St. Anthony has a "very hands-on govern- 0 47 16 • 1 ment, which is very accessible. Staff got a positive rating of 2 71%, also the highest found in other suburban studies. 3 The City Hall staff was rated very favorably, the liquor store 4 was rated exceptionally high ratings , and all City employees 5 looked at in terms of their courtesy and performance were rated 6 enthusiastically. Conclusion: human side of City government in 7 St. Anthony is no problem at all and is probably one of its major 8 strengths. 9 7 . Economic development efforts. respondents generally agreed with 10 the direction the Council is taking, but there is a minority 11 opposition view that more emphasis should be placed on attracting 12 younger families to become residents. Shopping patterns split 13 the community with half shopping in St. Anthony and the other 14 half going elsewhere for most of the things they bought (most 15 mentioned Rosedale) . The reasons for going elsewhere were stores 16 and selections where half found the mall better. 17 8 . Recycling meets metropolitan norm. The 33% figure for residents who recycle might be inflated. Most residents favor an incentive 19 program (over 70% support) but certainly don' t like the idea of 20 having garbage collected, separated, and then having everyone 21 charged after the fact. The big problem is the "unalienable 22 right to chose your own hauler" which is supported in most W223 communities , where the same contradiction exists. A close look 4 at reaction to the water contamination issue indicates very 25 little behavioral change because almost 70% said they use 26 almost as much water now as they did prior to the crisis. Fifty- 27 six percent were satisfied with the proposed filtration system 28 but what appeared would be a calming effect would be to have 29 periodic testing because residents still harbor some suspicious 30 that the "untreated armory water might still be hanging around 31 out there. " 32 9 . No dominant source of information. Residents rely on the Bul- 33 letin. Thirty-eight percent readership is very low for a local 34 newspaper. Only 12% mentioned the City Newsletter, which is also 35 low compared to other suburban communities. 12% mentioned the 36 Star & Tribune. However, most of those surveyed considered the 37 newspaper coverage as "adequate" when that question was asked. 38 In fact, 81% were satisfied with the amount of information they 39 are getting, which seems to indicate that they' re picking up 40 enough pieces of information here and there, to satisfy them, 41 indicating they are very much in favor of the status quo with 42 substantial opposition to a new publication and very little 43 interest in cable television. The one problem area in communi- 44 cations is the reaction of the younger less informed and less 45 connected residents in the northern part of the City. Surveys 46 of these people indicated they did not =feel as, strongly ,connected 47 to the City or as knowledgeable about what was going on in the 048 City as other residents, making them less satisfied with their 17 *1 level of information about the City. Summarized that with one 2 exception, in spite of the disparate channels of information, 3 people seem to have accepted that and have gotten used to it 4 and appear to have their means of gathering information. 5 CITY SET NEW HIGH FOR FIRST RING SUBURBS 6 To support the excellent findings his firm had found related to St. 7 Anthony, Mr. Morris reiterated that the surveyors had contacted 400 8 randomly selected households throughout the community, which provided 9 a plus or minus accuracy rate of 5% of the feelings of the community, 10 or 95 out of 100 cases. Great precautions were taken with this 11 sampling by using a city map to keep track of where people were 12 located within the City to guarantee a good representative spread, 13 including apartments , was reflected in the results. The sample was 14 validated with available census and Metropolitan Council data, which 15 had resulted in Decisions Resources concluding they had a very 16 defendable and representative sample. 17 Mr. Morris told Councilmember Marks, it would be very hard to separate 18 out the response from the population who owned their homes in the 19 neighborhood north of 37th Avneue N.E. who represented a very small 20 sub-sample in the survey, but agreed there was a problem of perceived 21 estrangement from the rest of the City. 2 There was general agreement that the staff should look at individual 23 mailings of the Newsletter to the apartment dwellers. Mr. Morris 24 reported Plymouth' s success in bringing its high density apartment 25 residents in touch with the rest of the community after their 26 newsletter was delivered to each apartment and Plymouth had even held 27 a couple of council meetings in those areas. He said that in spite of 28 the fact that 60% of the people in the apartment area perceived they 29 were not a part of the city and planned to move elsewhere, a second 30 survey had found the disconnection problem had disappeared. 31 Councilmember Ranallo pointed to representation that area had with 32 Mayor Haik and Commissioners Jones, McGinn and Madden. Councilmember 33 Ranallo recalled that Karen Karkula of Mirror Lake Manor had been very 34 active on another City commission, but there had been little 35 interest on the part of apartment renters to participate. 36 Mr. Childs reiterated that whatever type of information the 37 residents are getting, they seem to be comfortable with it. The 38 Manager said if staff ' s plan to get the Newsletter into every mail box 39 is successful, he anticipated a second survey of that Ramsey County 40 section of the City might be as positive as Plymouth' s had been when 41 it came to elimination of feelings of alienation from the rest of 42 the community. Mr. Childs also reminded the Councilmembers that about 43 a quarter of the renters have the desire to obtain permanent housing 44 in the City, which they have been unable to do because there are no #5 empty single family homes to move into, which may have contributed to 6 their feelings of frustration. 18 1 Councilmember Marks indicated the several attempts he had made to have 2 coffee parties in the apartments had been unsuccessful. 3 Mayor Sundland told Mr. Morris his was only one survey being made in 4 the City at this time, the other being that which the school district 5 mailed out to residents, a few of whom had told the Mayor they found 6 the questions too complicated to understand. 7 Mr. Childs, recalling discussions earlier that evening about the 8 City' s code enforcement, drew attention to the survey' s indication 9 that the average St. Anthony resident perceived the City is neither 10 too tough nor too lenient, but about right when it came to that. He 11 added that corrections had now been made at staff level which should 12 prevent recurrence of situations where "someone plays both ends 13 against the middle and gets away with something. " He said he 14 wouldn't expect a "flood of ordinance breakers" in St. Anthony in the 15 future. 16 The Decision Resources representatives were thanked for a good job and 17 Councilmember Makowske said she thought those thanks should also go to 18 the residents who took the time to answer the many questions in the 19 survey. In that respect, Ms. Traxler said her callers had found the 20 St. Anthony residents to be "as happy as any they had ever contacted 21 to be able to express their opinions" with many staying on the phone a 22 half an hour, where normally a survey of this length should take only -3 15 minutes. One resident broke all the records , talking for an hour 24 and fifteen minutes. 25 Mayor Sundland said he had told one person who questioned the validity 26 of the survey that the TV networks had been able to base their 27 presidential election projections on a poll of only 300 voters as 28 they went into the polling places. 29 Mr. Childs and Mr. Hamer indicated staff was already using the survey 30 with the latter saying the Public Works people were looking for ways 31 to improve on any problem areas. 32 Mr. Childs added that in addition to improving current performance, 33 one of the purposes of the survey had been to get a handle on 34 information which could be used for long range planning and decision 35 on how the City' s resources should be channeled. 36 UNFINISHED BUSINESS 37 Motion by Marks, seconded by Makowske to approve the second reading 38 of the ordinance increasing water rates. 39 ORDINANCE 1988-003 40 AN ORDINANCE RELATING TO WATER RATES; AMENDING �1 SUBDS. 2 AND 3 OF SECTION 550 : 00 OF THE 1973 19 • 1 CODE OF ORDINANCES OF THE CITY OF ST. ANTHONY 2 Motion carried unanimously. 3 Councilmember Enrooth explained that he had changed his mind on the 4 issue since the last meeting, having come to agree with the conclusion 5 of an article he had read in the Freshwater magazine, that "there' s no 6 free lunch and sooner or later we have to pay for water overuse we 7 haven' t paid for in the past. " He perceived the water rates the City 8 was adopting now would be paltry in the face of what would have to be 9 charged in the future. 10 ADJOURNMENT 11 Motion by Ranallo, seconded by Marks to adjourn the meeting at 10 : 30 12 P.M. for the St. Anthony Housing and Redevelopment Authority meeting 13 which followed immediately. 14 Motion carried unanimously. 15 Respectfully submitted, 16 Helen C we, Secretary • 17 18 or 19 ATTEST: &Wv 20 •City Clerk 21 :cjk 22 23 • 20