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HomeMy WebLinkAboutCC PACKET 12092014 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. CITY COUNCIL MEETING AGENDA December 9, 2014 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the December 9, 2014, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the a genda. A. Approval of the November 25, 2014, City Council meeting minutes. (pp. 1-8) B. Licenses and Permits. (pp. 9-10) C. Claims. (pp. 11-14) D. Resolution 14-080; a resolution accepting Grants and Donations as Received to Date for 2014. (pp. 15-18) E. Resolution 14-081; a resolution approving the 2015 Appointments and the Chair and Vice Chair to the Parks Commission. (pp. 19-22) F. Resolution 14-082; a resolution approving the 2015 Appointments and the Chair and Vice Chair to the Planning Commission. (pp. 23-26) G. Resolution 14-083; a resolution approving the 2015 Salary of Mark Casey, St. Anthony Village City Manager. (pp. 27-30) H. Resolution 14-084; a resolution authorizing Transfers and Closing of Specified Funds. (pp. 31-34) IV. Public Hearing. A. Resolution 14-085; a Resolution Setting the 2015 General Operating Budget and Property Tax Levy. Shelly Rueckert, Finance Director is presenting. (pp. 35-52) V. Reports from Commission and Staff. Dominic Papatola, Planning Commission Representative. A. Resolution 14-086; a resolution approving a Conditional Use Permit (CUP) to Allow a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and A Variance from the Minimum Required Parking Stalls on the Property Located at 2510 Kenzie Terrace. (pp. 53-88) B. Resolution 14-087; a resolution approving a Variance from the Required Front and Side Yard Setbacks in Order to Construct a Ground Floor and Basement Addition on the Property Located at 3635 Chelmsford Road. (pp. 89-106) C. Ordinance 2014-07; an Ordinance Amending Chapter 155 of the Saint Anthony Village City Code Relating to Dynamic Display Signage. (pp. 107-136) VI. General Business of Council. A. Ordinance 2014-06; an ordinance Amending Sections §33.015 Sewer Charges to Owners; §33.036 Water Charges to Owner; and §33.090 Charges for storm water facilities for the City of St. Anthony Village effective January 1, 2015. Mark Casey, City Manager will be presenting. (final reading) (pp. 137-142) H.R.A. meeting immediately following regular meeting Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Adjournment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 25, 2014 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p .m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Absent: Also Present: Guests: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille . None. City Manager Mark Casey, City Engineer Todd Hubmer, and Police Chief John Ohl. Ramsey County Sheriff Matt Bostrom. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I . APPROVAL OF NOVEMBER 25, 2014 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Jenson , to approve the City Council Meeting Agenda of November 25, 2014. Motion carried unanimously. II . CONSENT AGENDA. A. B. C. Consider October 8, 2014 Special Council meeting minutes and November 10, 2014, City Council meeting minutes; Consider licenses and permits; and Consider payment of claims. 38 Motion by Councilmember Jenson, seconded by Councilmember Gary, to approve the Consent 39 Agenda items. 40 41 Motion carried unanimously. 42 43 III. PUBLIC HEARING -NONE. 44 45 IV. REPORTS FROM COMMISSION AND STAFF -NONE. 46 47 V. GENERAL BUSINESS OF COUNCIL. 48 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 i:ity Council Regular Meeting Minutes November 25 , 2014 Page 2 A. Resolution 14-074; a resolution accepting an Amendment to the 2015 Street & Utility Improvement Feasibility Report. City Engineer Todd Hubmer re v iewed the resolution with the Council and indicated that this additional item would be an amendment to the 2015 Street and U tility Improvement Feasibility Report and project. Councilmember Stille stated that the map references 22 properties that would be affected but only 14 properties were listed for asses sment and asked for additional information . City Engineer Hubmer explained that 22 properties would be affected by the project but only 14 properties contribute drainage and receive benefit therefore being assessed . Council member Jenson asked if any public comments had been received. City Engineer Hubmer stated that three petitions were received and a neighborhood meeting was held. He advised that a few adjustments had been made to the proposed project and advised that another neighborhood meeting would be held in the spring. He advised that the additional item would be bid as an alternate in the case that the price is too high. Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 14- 074 ; a resolution accepting an Amendment to the 2015 Street & Utility Improvement Feasibility Report. Motion carried unanimously. B. Resolution 14-075; a resolution approving the Plans and Specifications and Order Advertisement for Bids for the 2015 Street & Utility Improvement project. City Engineer Todd Hubmer reviewed the resolution with the Council and summarized the items included in the project as proposed. He identified the project area and advised that staff has met with the residents included in the project area to discuss the proposed improvements. He noted that portions of the project would be bid as alternates to provide options to residents in 100 percent assessment areas. He advised that staff would speak with all residents proposed for assessment once the bids are received to further discuss the potential assessments. He reported a proposed total project cost of $2 ,800,000 and reviewed the rates of assessment for each portion of the project. He advised that staff has received some resident comments and petitions, noting that staff will contin_ue to meet with residents to discuss potential assessments. He reviewed the project schedule, noting that the second round of public information meetings would be held in January of 2015 with the contract being awarded in February, and construction to begin in May. Mayor Faust stated that it appears this will be a busy y ear cleaning up irritant issues. He stated that he was pleased to see the commitment of $50,000 towards the LED lighting. Councilmember Roth referenced the projected cost funding asked for additional information regarding the different ra tes of as sessment for certain aspects of the project. 1 2 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes November 25, 2014 Page 3 VI. City Engineer Hubmer provided clarification between the types of assessment, noting that streets and local drainage are assessed at a rate of 35 percent to the benefiting property. Councilmember Roth referenced the golf course property and potential drainage issues near the sidewalk area. City Engineer Hubmer reported that a large drain tile project was conducted on the golf course previously. He noted that the sidewalks in that area are owned by the Minneapolis Park District and therefore the City does not have authority over that area. Councilmember Roth questioned if the contractor would be conducting the entire scope of work or whether subcontractors would be used. City Engineer Hubmer noted that subcontractors may be used for some aspects, such as electrician services, but believed the contractor should be able to complete the scope of work described. Counci lm ember Stille questioned the lifespan of the LED li ghting to ensu re that the lifespan would last throughout the bonding term. City Engineer Hubmer estimated a useful life of 20 years. Counc ilm ember Jenson asked for additional information regarding the possible alternative options for the alley. C ity Engineer Hubmer advised that there would be a concrete alternative along with a mill and overlay alternate, noting that the mill and overlay option would be at a lesser cost. Mayor Faust advised that work would not be done along Silver Lake Road, with the exception of the LED lighting maintenance. Motion by Councilmember Stille, seconded by Counci lmember Jenson, to adopt Resolution 14- 075 ; a resolution approving the Plans and Specifications and Order Advertisement for Bids for the 2015 Street & Utility Improvement project. Motion carried unanimously. PROCLAMATIONS AND RECOGNITIONS. A. Presentation by Ramsey Countv Sheriff Matt Bostrom. Ramsey County Sheriff Bostrom explained the differences between the Sheriffs Department and Police Department of the City, noting that services are not duplicated between the two offices. Police Officer has authority in the City they are appointed but the Sherriffs Office has authority in every city they service , noting that this creates a great partnership and opportunities for 3 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4 City Council Regular Meeting Minutes November 25, 2014 Page 4 V. cooperation. He provided an example of cooperative efforts through the high visibi lity traffic initiative, which has helped to decrease the amount of traffic accidents in the County. He advised that 18 new Deputies and I 0 new Correction Officers were hired and badged, noting that the agency hires individuals with the highest character. He explained that character is a base that you have while skills can be learned. He referenced the prescription take back program that is used by both Ramsey and Hennepin counties and advised that drop-off locations can be found on the website www.ramseycountysherriff.us. He referenced the heroin issues that the department is seeing and noted that the users usually begin with prescription medications. He reported that at any given time there are a number of warrants that are on the books. He stated that some people may think the issue will go away or may be embarrassed to resolve the matter. He stated that the department is working to setup a day where individuals with lower level issues could come in to easily resolve them. He advised of an upcoming fundraising event and thanked the Council for their time. Mayor Faust confirmed that residents from any county could drop-off prescription medications at the drop-off locations. He stated that perhaps the City could place a list of drop-off locations on the City website and /or in the newsletter to promote the issue. He applauded the department for their attempt to treat the matter from the source rather than the symptom. He also congratulated Sherriff Bostrom for his recent re-election and thanked him for taking time to report to the Council and for his services. Ramsey County Sherri ff Bostrom stated that it is remarkable the amount of work that can be accomplished when there is trust between the Police Department and Sherriff s Office and was pleased that he is able to be a part of this partnership. GENERAL BUSINESS OF COUNCIL. (Continued) C. Resolution 14-076; a resolution approving a Joint Cooperative Agreement for Use of Law Enforcement Personnel and Equipment. Police Chief John Ohl reviewed the resolution with the Council and indicated that that this is not a new mutual aid agreement as the City has had a mutual aid agreement with other cities for the past 20 years. He explained that this process allowed the department to update some of the language and provide additional insulation towards civil liability. He noted that typically he would place this item on the Consent Agenda but thought this would be a good opportunity to tie together with the presentation from the Sherriff. He referenced the cooperative efforts, noting that process provides assets that no one agency could provide on their own. Councilmember Gray questioned how many communities are part of this agreement. Police Chief Ohl was unsure of the exact number of agencies that would sign onto the agreement but advised that there were 37 communities involved and estimated that 41 agencies in total may sign the agreement. He provided examples where the mutual aid could be provided, ranging from natural disasters to events such as the baseball all-star events the previous summer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes November 25 , 2014 Page 5 Mayor Faust referenced the assistance provided by the League of Minnesota Cities and believed that once completed all cities involved should sign a thank you letter to the League for their assistance. Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 14- 076 ; a resolution approving a Joint Cooperative Agreement for Use of Law Enforcement Personnel and Equipment. Motion carried unanimously. D . Resolution 14-077; a resolution Ratifying the 2015-2016 Agreement between the City of St. Anthony Village and the International Union of Operating Engineers, Local 49, AFL- CIO, representing the St. Anthony Village Public Works Department. City Manager Mark Casey reviewed the resolution with the Council and indicated proposed increases and adjustments. Mayor Faust confirmed that these contracts are similar to those agreed upon recently with the Police Union. Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 14- 077; a resolution Ratifying the 2015-2016 2016 Agreement between the City of St. Anthony Village and the International Union of Operating Engineers, Local 49 , AFL-CIO , representing the St. Anthony Village Public Works Department. Motion carried unanimously. E . Resolution 14-078; a resolution Ratifying the 2015-1016 Agreement between the City of St. Anthony Village and International Association of Firefighters, Local 3486, Representing the St. Anthony Village Fire Department. City Manager Mark Casey reviewed the resolution with the Council and indicated that these contracts are very similar to those just approved with the Public Works and Police Unions, highlighting proposed increases and adjustments. Councilmember Stille commended staff for their efforts during the contract negotiation process with all three unions. Motion by Councilmember Jenson, seconded by Councilmember Gray, to adopt Resolution 14- 078; a resolution Ratifying the 2015-1016 Agreement between the City of St. Anthony Village and International Association of Firefighters, Local 3486, Representing the St. Anthony Village Fire Department. Motion carried unanimously. F . Resolution 14-079; a resolution approving the 2015 fees set by resolution. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 6 City Council Regular Meeting Minutes November 25, 2014 Page 6 VII. City Manager Mark Casey reviewed the resolution with the Council and indicated that there were two areas proposed for amendment from the previous fee schedule including a $30 zoning permit fee and a $100 penalty fee for unreturned rental forms. Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 14- 079; a resolution approving the 2015 fees set by resolution. Motion carried unanimously. G. Ordinance 2014-06 ; an ordinance Amending Sections §33.015 Sewer Charges to Owners; §33 .036 Water Charges to Owner; and §33.090 Charges for storm water facilities for the City of St. Anthony Village effective January L 2015 . City Manager Mark Casey reviewed the ordinance with the Council and indicated that this is the second reading of this ordinance, which would increase fees for those regulated by ordinance. He advised that the third and final reading would occur on December 9th. Motion by Councilmember Roth , seconded by Councilmember Gray, to approve Second Reading of Ordinance 2014-06 ;; an ordinance Amending Sections §33.015 Sewer Charges to Owners ; §33 .036 Water Charges to Owner; and §33.090 Charges for storm water facilities for the City of St. Anthony Village effective January 1, 2015, Motion carried unanimously. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey reported on the following: • 1 st Annual Tech Dump which occurred on November 1st • 3rd Annual Sustainability Fair which was held the previous week at Silverwood Councilmember Jenson reported on November 13th he attended the League of Minnesota Cities Regional meeting. Councilmember Roth reported that he recentl y attended the Sister City meeting. Councilmember Stille reported that he recently attended the Urban Land Institute Economic Outlook meeting and the Sustainability Fair. Councilmember Gray -no report. Mayor Faust reported on his attendance at the following events: • Mississippi Water Management Organization • League of Minnesota Cities Regional Meeting • Chamber of Commerce Meeting • Sustainability Fair 1 City Council Regular Meeting Minutes November 25, 2014 Page 7 2 VIII. COMMUNITY FORUM. 3 4 5 6 7 8 9 10 I 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mayor Faust invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Hearing none, Mayor Faust moved forward with the agenda. IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust advised of the St. Anthony Adopt a Family program and advised that donations can be made to the Chamber of Commerce or at City Hall. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:00 p.m. Respectfully submitted, Amanda Staple TimeSaver OfJSite Secretarial, Inc . City Clerk Mayor 7 8 THIS PAGE LEFT INTENTIALLY BLANK DATE: TO: FROM: ITEM: Saint Anthony Village December 9 , 2014 Approved: Mayor and Councilmembers License Clerk License and Permits for Approval: General Contractors License: Crosstown Sign, Ham Lake, MN Mechanical License: Air Mechanical , Ham Lake, MN Rental License: Applicant: Daniel Stuart Location: 2704 31st Ave NE Applicant: Joel Anderson Location: 2519-2521 33rd Ave NE Applicant: Troy Martenson Location: 3645 Chelm sford Rd NE Appli cant: Ben Christensen Location: 3621 Harding St NE Applicant: Marlys Nygren Location: 260 I Kenzie Ter #412 NE Applicant: Apache Manor Apartments Location: 38 17 Macalaster Dr NE Applicant: Greg Steiner Location: 3016 Old Hwy 8 NE Applicant: George Rockwood Location: 3404 Silver Lake Rd N E Applicant: Lowry Grove Location: 2553 Stinson Blvd NE Applicant: Jean Kenney Location: 3525 Stinson Blvd NE 9 10 THIS PAGE LEFT INTENTIALLY BLANK 11 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page : 1 Check Issue Dates : 11 /21 /2014 -12/10/2014 Dec04, 2014 01 :17PM Vendor Number Payee Check Number Check Issue Date Amount 10176 BLUE CROSS BLUE SHIELD 24943 11 /21 /2014 47,405 .00 11 798 CENTRAL PENSION FUND LOCAL #49 24944 11 /21 /2014 2,764 .80 10710 ICMA RETIREMENT TRUST 24945 11 /21 /2014 3, 172.82 11813 NCPERS GROUP LIFE INSURANCE 24946 11 /21 /2014 144.00 11799 THE HARTFORD 24947 11 /21/2014 1 ,166 .65 11554 THE HARTFORD-PRIORITY ACCOUNTS 24948 11 /21/2014 497 .00 10054 ALLIANCE MECHANICAL 24949 12/10/2014 1,540 .00 1100 ARTISIAN BEER COMPANY 24950 12 /10/2014 3 ,792.45 10139 B & F FASTENER SUPPLY 24951 12/10/2014 4 .01 1101 BAUHAUS BREW LABS LLC 24952 12/10/2014 132.00 10159 BE ISSWENGER'S 24953 12/10/2014 29 .98 1013 BELLBOY CORPORATION 24954 12/10/2014 8 ,300 .54 1014 BELLBOY CORPORATION 24955 12/10/2014 276.74 1035 BERNICK'S BEVERAGE & V END ING 24956 12/10/2014 243 .86 10175 BLAINE LOCK & SAFE INC . 24957 12 /10/2014 115.00 10185 BOUND TREE MED ICAL LLC 24958 12 /10/2014 194.49 10187 BOYER TRUCKS, INC . 24959 12/10/2014 2 .29 10188 BRAKE & EQUIPMENT WAREHOUSE 24960 12/10/2014 34.47 10197 BRIAN NELSON INSPECTION SVCS 24961 12/10/2014 1,784 .25 1114 CANNON RIVER WINERY 24962 12/10/2014 246.00 1017 CAPITOL BEVERAGE SALES 24963 12/10/2014 7 ,504 .18 10254 CENTRAL LOCK & SAFE CO 24964 12/10 /2014 22 .05 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 24965 12 /10/2014 630.00 10326 COMMERS CONDITIONED WATER 24966 12 /10/2014 135.00 12044 COMPASS MINERALS 24967 12 /10/2014 19,141 .05 1042 CRYSTAL SPRINGS ICE 24968 12/10/2014 54.60 12070 DAVIS LOCK & SAFE 24969 12/10/2014 26.99 10437 DRIVER & VEHICLE SERVICES 24970 12/10/2014 20.75 11978 ECM PUBLISHERS INC 24971 12/10/2014 398 .00 10468 ELECTRO WATCHMAN INC 24972 12/10/2014 147.49 12019 ENFORCEMENT LIGHTING LLC 24973 12110/2014 2 ,350.00 10526 FLEETPRIDE 24974 12/10/2014 44 .05 1097 FORESTEDGE WINERY 24975 12/10/2014 117.00 10544 FREEWAY TOWING 24976 12 /10/2014 92 .13 10549 FULLER/CHRIS 24977 12/10/2014 110.00 10550 G & K SERVICES INC 24978 12/10/2014 904.95 10554 GCR TIRES & SERVICE 24979 12/10/2014 1 ,771 .33 1110 GENERAL INDUSTRIAL SUPPLY CO 24980 12/10/2014 98.81 1032 GRAPE BEGINNINGS , INC . 24981 12/10/2014 561.50 10603 H & L MESABI INC 24982 12/10/2014 2,846.62 10618 HARLAN FALCK & SON , INC . 24983 12/10/2014 785.00 10636 HEDBACK , ARENDT & CARLSON PLL C 24984 12 /10/2014 3,500 .00 1019 HOHENSTEIN'S , INC 24985 12 /10/2014 2 ,067 .93 10684 HOME DEPOT CREDIT SERVICES 24986 12/10/2014 151 .29 102 7 INDEED BREWING COMPANY 24987 12/10/2014 645 .00 10727 INLAND TRS PROPERTY MANAGEMENT 24988 12/10/2014 2,559.29 11754 INTEGRATED LOSS CONTRO L, INC . 24989 12/10/2014 579 .00 1016 JJ TAYLOR DISTRIBUTING 24990 12/10/2014 16 ,161 .72 1004 JOHNSON BROTHERS LIQUOR CO . 24991 12/10/2014 3,380.11 1005 J OHNSON BROTHERS LIQUOR COMPANY. 24992 12/10/2014 6 ,850 .79 1006 JOHNSON BROTHERS LIQUOR COMPAN Y . 24993 12/10/2014 11 ,582 .12 1044 JOHNSON BROTHERS LIQUOR COMPAN Y. 24994 12 /10/2014 3 ,123 .77 10806 L.T .G. POWER EQUIPMENT 24995 12 /10/2014 4 .26 12 City of St Anthony V illage CITY OF ST ANTHONY CHECK REGISTER Page : 2 Check Issue Dates : 11 /21 /2014 -12/10/2014 Dec 04 , 2014 01 : 17PM Vendor Number Payee Check Number Check Issue Date Amount 10851 LILLIE SUBURBAN NEWSPAPER 24996 12/10 /2014 141 .13 1022 M. AMUNDSON LLP 24997 12/10/2014 1,227.88 10879 MAILFINANCE 24998 12 /10/2014 135.00 10882 MAMA 24999 12 /10/2014 40.00 11985 MANSFIELD OIL COMPANY 25000 12 /10/2014 1 ,697 .25 10916 MENARDS LUMBER 25001 12/10/2014 102 .87 10931 METROPOLITAN COUNCIL 25002 12/10/2014 51 ,705 .85 1053 MILLNER HERITAGE VINEYARDS 25003 12/10/2014 1,013.16 11031 MINNESOTA DEPT OF AGRICULTURE 25004 12/10/2014 25 .00 11032 MINNESOTA DEPT OF HEALTH 25005 12/10/2014 3,666 .00 12058 MINNESOTA STREET SUPERINTENDENTS ASSO 25006 12/10/2014 50 .00 11019 MISTER CAR WASH 25007 12 /10/2014 52 .13 1051 NEW FRANCE WINE COMPANY 25008 12 /10/2014 502.00 11137 NORTHEASTER NEWSPAPER 25009 12/10/2014 624 .00 11149 NORTHSTAR INSPECTION SERVICES 25010 12/10/2014 5,082 .83 11163 OFFICE DEPOT 25011 12/10/2014 575 .86 11185 PACE ANALYTICAL SERVICES , INC . 25012 12/10/2014 380 .00 11186 PAETEC 25013 12/10/2014 148 .56 1012 PAUSTIS & SONS 25014 12/10/2014 1,446 .50 1001 PHILLIPS WINE & SPIRITS 25015 12/10/2014 2,584 .84 1002 PHILLIPS WINE & SPIRITS 25016 12/10/2014 3,247 .28 2000 PINNACLE DISTRIBUTING 25017 12/10/2014 296.40 11215 PIONEER RIM AND WHEEL CO. 25018 12/10/2014 60.60 11241 POSTMASTER -MPLS BMEU 25019 12 /10/2014 220.00 11246 PRAXAIR 25020 12/10/2014 34 .92 11302 RAMSEY COUNTY 25021 12/10/2014 4,522 .55 11345 ROSEVILLE CHRYSLER DODGE 25022 12 /10/2014 229 .60 12069 SHERMCO INDUSTRIES INC 25023 12/10/2014 460.00 1036 SOUTHERN -WCW 25024 12/10/2014 375 .75 1026 SOUTHERN LIQUOR 25025 12/10/2014 4 ,396 .39 1024 SOUTHERN WINE & SPIRITS -LAKES DIVISION 25026 12/1012b 14 1,976 .60 1008 SOUTHERN WINE -SPIRITS-AMERICAN DIVISION 25027 12/10/2014 2 ,689 .25 11431 SPAIN'S TREE SERVICE , LLC 25028 12/10/2014 1,112 .00 11444 SPRING LAKE PARK LUMBER CO 25029 12/10/2014 72 .99 11457 ST ANTHONY VILLAGE CENTER , LLC 25030 12/10/2014 2 , 102.66 2001 STEEL TOE BREWING 25031 12 /10/2014 336 .00 11502 STREI CHER'S 25032 12/10/2014 1,304 .88 11512 SUCIU , BARB 25033 12/10/2014 501 .20 11531 TA SCHIFSKY & SONS 25034 12/10/2014 1,703 .33 11549 TERMINAL SUPPLY CO. 25035 12/10/2014 19.14 11566 TIMESAVER OFF SITE SECRETARIAL 25036 12/10/2014 589.00 11568 TITAN MACHINERY 25037 12/10/2014 184 .75 11580 TOWMASTER 25038 12/10/2014 53.24 11586 TRACY PRINTING 25039 12/10/2014 246 .00 11595 TRI STATE BOBCAT, INC. 25040 12/10/2014 104.49 1040 TRUE FABRICATIONS , INC . 25041 12/10/2014 139.86 11609 TWIN CITY GARAGE DOOR 25042 12 /10/2014 163.50 11617 TWIN TOWN IRRIGATION 25043 12/10/2014 560 .00 11637 UNITED ELECTRIC COMPANY 25044 12 /10/2014 364 .71 11674 VERIZON WIRELESS 25045 12/10/2014 1,263 .34 11681 VIKING ELECTRIC SUPPLY 25046 12/10/2014 582.10 1025 VINOCOPIA 25047 12/10/2014 1 ,352.50 11704 WASTE MANAGEMENT OF WI-MN 25048 12/10 /2014 484 .25 3 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page : 3 Check Issue Dates: 11 /21 /2014 -12 /10/2014 Dec 04 , 2014 01 :17PM Vendor Number Payee Check Number Check Issue Date Amount 1034 WINE COMPANY/THE 25049 12/10/2014 1,488 .60 1038 WINE MERCHANTS INC 25050 12/10/2014 2,201 .83 1011 WIRTZ BEVERAGE -(GRIGGS) 25051 12 /10/2014 2,453 .60 1009 WIRTZ BEVERAGE MINNESOTA 25052 12 /10/2014 801 .80 1018 WIRTZ BEVERAGE MINNESOTA 25053 12 /10/2014 6 ,764 .77 11731 WITMER PUBLIC SAFETY GRP . INC . 25054 12 /10/2014 369 .57 11740 XCEL ENERGY 25055 12/10/2014 5 ,901 .11 11750 ZEE MEDICAL SERVICE 25056 12/10/2014 84.45 1054 AMERICAN BOTTLING CO 25059 12/10/2014 275 .62 1100 ARTISIAN BEER COMPANY 25060 12/10/2014 4 ,273 .85 1013 BELLBOY CORPORATION 25061 12/10 /2014 2,110.45 1014 BELLBOY CORPORATION 25062 12 /10/2014 84.26 1035 BERNICK'S BEVERAGE & VENDING 25063 12/10/2014 352 .14 1114 CANNON RIVER WINERY 25064 12 /10/2014 108 .00 1017 CAPITOL BEVERAGE SALES 25065 12 /10/2014 5 ,320.43 1042 CRYSTAL SPRINGS ICE 25066 12 /10/2014 109.41 1032 GRAPE BEGINNINGS , INC . 25067 12/10/2014 1,047 .00 1019 HOHENSTEIN'S , INC 25068 12/1 0 /2014 1,440.00 1027 INDEED BREWING COMPANY 25069 12/10/2014 225 .00 1016 JJ TAYLOR DISTRIBUTING 25070 12/10/2014 20 ,7 52 .21 1004 JOHNSON BROTHERS LIQUOR CO . 25071 12/10/2014 1,417 .56 1005 JOHNSON BROTHERS LIQUOR COMPANY. 25072 12 /10 /2014 1 ,550 .22 1006 JOHNSON BROTHERS LIQUOR COMPANY. 25073 12 /10/2014 4 ,065 .17 1044 JOHNSON BROTHERS LIQUOR COMPANY . 25074 12/10/2014 540 .98 1022 M. AMUNDSON LLP 25075 12 /10/2014 1,452 .34 10969 MINNESOTA BOARD OF FIREFIGHTER 25076 12/10/2014 75 .00 1051 NEW FRANCE WINE COMPANY 25077 12/10/2014 924 .00 1012 PAUSTIS & SONS 25078 12/10/2014 3,998 .93 1001 PHILLIPS WINE & SPIRITS 25079 12/10/2014 967 .88 1002 PHILLIPS WINE & SPIRITS 25080 12/10/2014 4 ,174 .79 2000 PINNACLE DISTRIBUTING 25081 12/10 /2014 376 .20 1036 SOUTHERN -WCW 25082 12 /10 /2014 73.25 1026 SOUTHERN LIQUOR 25083 12 /10/2014 1,274.96 1024 SOUTHERN WINE & SPIRITS -LAKES DIVISION 25084 12 /10/2014 543 .50 1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 25085 12 /10/2014 642.00 1025 VINOCOPIA 25086 12/10/2014 402 .00 1034 W INE COMPANY/THE 25087 12/10/2014 1,102 .30 1038 WINE MERCHANTS INC 25088 12/10/2014 510 .85 1011 WIRTZ BEVERAGE -(GRIGGS) 25089 12/10/2014 1,761.48 1009 WIRTZ BEVERAGE MINNESOTA 25090 12/10/2014 464.60 1018 WIRTZ BEVERAGE MINNESOTA 25091 12/10/2014 4 ,139.25 Grand Totals: 349 ,784.63 14 THIS PAGE LEFT INTENTIALLY BLANK REQUEST FOR COUNCIL CONSIDERATION Meeting Date: December 9, 2014 Resolution 14-080; a resolution Accepting Grants and Donations as Received to Date for 2014 OVERVIEW: Please find the attached resolution for the grants that were received to date for 2014 . They are as follows : MN Public Facilities Authority-Silver Lake Treatment System Rice Creek Watershed District -Silver Lake Treatment System Rice Creek Watershed District -Central Park Bio-Filtration System Ramsey County DWI/Distracted Driver Grant Ramsey County HI VIZ Grant FEMA Homeland Security Storm Damage Carp Removal Project Hennepin County Recycling Grant Ramsey County Recycling Grant (In-Kind) Minnesota Twins Fund Total $247,442 .00 $50,000 .00 $50,000.00 $19,651.62 $14,311.47 $77,319 .98 $26,000.00 $17,383.00 $6,300.00 $16,000 .00 $524,408 .07 15 16 THIS PAGE LEFT INTENTIALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-080 A RESOLUTION ACCEPTING GRANTS AND DONATIONS AS RECEIVED TO DATE FOR 2014 WHEREAS, the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St . Anthony has received the following grants and donations: MN Public Facilities Authority-Silver Lake Treatment System Rice Creek Watershed District -Silver Lake Treatment System Rice Creek Watershed District -Central Park Bio-Filtration System Ramsey County DWI/Distracted Driver Grant Ramsey County HI VIZ Grant FEMA Homeland Security Storm Damage Carp Removal Project Hennepin County Recycling Grant Ramsey County Recycling Grant (In-Kind) Minnesota Twins Fund Total $247,442.00 $50,000.00 $50,000 .00 $19,651.62 $14,311.47 $77,319.98 $26,000.00 $17,383.00 $6,300.00 $16,000.00 $524,408.07 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St . Anthony Village hereby accepts the grants and donations as received to date for 2014. Adopted this gth day of December, 2014 Jerome 0 . Faust, Mayor Barbara J. Suciu, City Clerk Review for Administration : Mark Casey, City Manager 17 18 THIS PAGE LEFT INTENTIALLY BLANK REQUEST FOR COUNCIL CONS/OE RATION Meeting Date: December 9, 2014 Resolution 14-081; Approving the 2015 Appointments and Appointing the Chair and Vice Chair to the Parks Commission REVIEW: The City advertised for one position on the Park s Commission and conducted interviews on December 1, 2014. Following the interviews, it was recommended that Roy Quady be appointed to the Parks Commission . Additionally, in accordance with St. Anthony City Code §32.26, Park s Commission Bylaws, the City Council recommends appointing Scott Bentz as Chair and Erin Jordahl Redlin as Vice Chair of the Parks Commission for 2015. 19 20 THIS PAGE LEFT INTENTIALLY BLANK CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-081 A RESOLUTION APPROVING THE 2015 APPOINTMENTS AND APPOINTING THE CHAIR AND VICE CHAIR TO THE PARKS COMMISSION WHEREAS , WHEREAS, WHEREAS , the City Council conducted i nterviews for the 2015 appointments to the Parks Commission; and the City Council recommended appointing Roy Quady to the Parks Commission beginning January 1, 2015 for a three year term; and in accordance with St . Anthony City Code §32.26, Appointing of the Chair and Vice Chair the City Council appoints Scott Bentz as Chair and Erin Jordahl Redlin as Vice Chair of the Parks Commission for 2015. NOW, THEREFORE , BE IT RESOLVED , that the City Council of the City of St. Anthony Village hereby appoints Roy Quady for 3 year term and Scott Bentz as Chair and Erin Jordahl Redlin as Vice Chair for the Parks Commission for 2015. Adopted this 9th day of December, 2014. Jerom e 0. Faust, Mayor ATIEST: __________ _ Barbara J. Suciu, City Cl erk Reviewed for administration: Mark Ca sey, City Manager 21 22 THIS PAGE LEFT INTENTIALLY BLANK REQUEST FOR COUNCIL CONS/DE RATION Meeting Date : December 9, 2014 Resolution 14-082; a resolution Approving the 2015 Appointments and Appointing the Chair and Vice Chair to the Planning Commission REVIEW: The City advertised for two positions on the Planning Commission and conducted interviews on December 1, 2014. Following the interviews it was recommended that Robert Foster and James Gondorchin be appointed to the Planning Commission . Additionally, in accordance with St . Anthony City Code §32 .07, the Planning Commission Bylaws, the City Council recommends appointing Erica Crone as Chair and Dan Bartel as Vice Chair of the Planning Commission for 2015 . 23 24 THIS PAGE LEFT INTENTIALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-082 A RESOLUTION APPROVING THE 2015 APPOINTMENTS AND APPOINTING THE CHAIR AND VICE CHAIR TO THE PLANNING COMMISSION WHEREAS, the City Council conducted interviews for the 2015 appointments to the Planning Commission; and WHEREAS, the City Council recommended appointing Robert Foster and James Gondorchin to the Planning Commi ss ioner beginning January 1, 2015 for a three year term; and WHEREAS, in accordance with St. Anthony City Code §32.07, Planning Commission Bylaws, the City Council recommends appointing Erica Crone as Chair and Dan Bartel as Vice Chair for the Planning Commission for 2015. NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of St. Anthony Village hereby appoints Robert Foster and Jame s Gondorchin for 3 year terms and Erica Crone as Chair and Dan Bartel as Vice Chair for the Planning Co mmiss ion for 2015. Adopted this gth day of December, 2014. Jerome 0. Faust, Mayor ATIEST:. ___________ _ Barbara J. Suciu, City Clerk Review for Admini stration : Mark Casey, City Manager 25 26 THIS PAGE LEFT INTENTIALLY BLANK REQUEST FOR COUNCIL CONS/DE RATION Meeting Date: December 9, 2014 Resolution 14-083; Approving the 2015 Salary of Mark Casey, St . Anthony City Manager REVIEW: The City Council completed the performance review of Mark Casey, City Manager and attached is the resolution approving his salary for 2015 . 27 2 8 THIS PAGE LEFT INTENTIALLY BLANK WHEREAS, WHEREAS, CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-083 A RESOLUTION APPROVING 2015 SALARY OF MARK CASEY, ST. ANTHONY VILLAGE CITY MANAGER the City of St . Anthony Village employs Mark Casey as its City Manager; and the City Council and City Manager have agreed to a 2014 salary of $130,000. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St . Anthony Village hereby authorizes an annual salary of $130,000 for City Manager Mark Casey, effective January 1, 2015 . Adopted th is 9th day of December, 2014. Jerome 0 . Faust, Mayor ATIEST: __________ _ Barbara J. Suciu , City Clerk Reviewed for administration: Mark Casey, City Manager 29 30 THIS PAGE LEFT INTENTIALLY BLANK REQUEST FOR COUNCIL CONS/DE RATION Meeting Date : December 9, 2014 Resolution 14-084; a resolution Authorizing Transfers and Closing of Specified Funds REVIEW: As part of the year-end housekeeping, we have identified fund s that are inact ive and should be closed . Al so , annual fund transfers that were scheduled per the budget have been listed for approval and the amount. The transfer of Ta x Increment Fi nancing (TIF) revenue supporting TIF Bonds has also been included in the current year's resolution for completeness purposes . 31 32 THIS PAGE LEFT INTENTIALLY BLANK CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-084 A RESOLUTION AUTHORIZING TRANSFERS AND CLOSING OF SPECIFIED FUNDS WHEREAS, each year staff budgets certain operating and debt service transfers between funds; and WHEREAS, each year, staff evaluates existing funds and identifies those funds in which all activity has concluded and obligations have been satisfied; and WHEREAS, Capital Projects should be closed when all activity has concluded; any residual money and all assets should be transferred to the associated debt service fund or a capital project fund reserved for public projects and if a deficit exist, funding must be provided. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony here approves the transfer of any funds noted, but subject to closing adjustments as needed: From Fund Transfers: * General Annual Rent (101) Water Filtration (704) Water Filtration (704) Liquor (705) Liqu or (705) Community Center (601) Liquor (705) MSA/Revolving Im provement Fund (509) General Fund (101 ) Recycling Fund (225) Debt Service Transfers: Walmart TIF Improvement (330) Wal mart TIF Im provement (330) Closing: Si lver La ke Village (340) 2012 Street Improvement (517) Public Facilities Bond Fund (311) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Amount To Fund 64,654 Community Center (601) 50,000 General (101) 50,000 Capital Equipment (401) 214,244 General (101) 108,200 Capital Equipment (401) 25,000 Building Improvement (510) 73,000 Building Im provement (510) 90,000 Capita l Equipment (401) 86,300 Severance Fund (901) 15,645 Utility Fund (701) 368,300 2006 TIF Revenue Bond (335) 700,400 2007 TIF Revenue Bond (336) 153,000 Silver Lake Village Bond (345) 8 ,000 2012 Street Improvement Bond (518) 1,767 PW/Fire Facility Reserve (312) * Annual Rent transferred decrea sed by $8,996 for 2011 Commu nity Center Util ity expense paid by General Fund. 33 34 Adopted th is 9 th day of December, 2014. Jerome 0 . Faust, Mayor ATIEST : ------------ Barbara J. Suc i u, City Clerk Reviewed for Administration : Mark Casey , City Manager DATE: TO: FROM: MEMORANDUM December 1, 2014 Honorable Mayor and City Council Mark Casey , City Manager Shelly Rueckert, Finance Director ITEM: GENERAL FUND BUDGET/LEVY At the August 4th work sessions, the City Council and Staff reviewed the 2014 General Operating, Road Improvement and Capital Equipment Budgets . Additionally, public meetings were held April 22nd , August 26th and September 9th for public input on the budget process . Based on this process with the Council, Staff has prese nted 2015 levies totaling $5,831,737. This represents a $218,900 increase which equates to a 3.9% percent increase compared to 2014 levies. The parameters for preparing the underlying budgets included: 1) Revenues are budgeted using current trends for variable revenue sources and conservative estimates for stable revenue sources. Expenses are budgeted at amounts that will maintain present level of City services. 2) Cumulative use of 2014/2015 Local Government Aid of $505,415 as follows: • 33% Reduced reliance on Liquor profits and reduced cost allocations to utility funds • 37% Property Tax Relief, negating the impact certain cost factors • 22% Addressing severance obligations, risk management • 8% Property Tax Relief, supplanting decreases in revenues and other aids 3) Budget cost drivers include the following: • Union and Non -Union wages adjustments -2.25% • Health Insurance premiums increase -10.5% • State pension funding rates up 3 .5% -5.9% • Worker's Compensation costs up 13 % • Liability and Casualty premium costs up 12.25% • Energy related expenses increased at various rates 4) Factors impacting Road levy increase include: • Addition of 2014 Road Project debt requirements • 2008 Road debt restructuring (mitigating factor) • Scheduled Debt Levy Reduction of $147,500 (mitigating factor) 35 36 The 2015 overall levy is comprised as follows: General Operating Levy CIP Levy Road Improvement Levy Lease Revenue Bonds HRA Levy Tax Abatement Amount $3,321,210 $ 50,000 $1,791,725 $ 382,872 $ 132,782 $ 153,148 $5 ,831,737 Increase/( Decrease} $197,867 $ 0 $ 15,145 $ 4,410 ($ 645) $ 2,123 $218,900-3.9% Levy Relief was achieved by the use of $62,448 of additional Local Government Aid and debt levy reduction as detailed below: • Pre-levy relief increase 7.64% • With debt reduction 5.01 % • With additional LGA 3.90% • Est. increase in City rate with TIF Decertification 0.42% The proposed 2015 Capital Equipment Budget totals $386,743. The CIP Fund is supported by a combination of Liquor Fund transfer (operating profits), Municipal State Aid -construction (MSA), Utility Fund (operating profits) and Water filtration (interest earnings) transfers, the trade/sale of existing equipment and CIP Levy . The annual transfer of Liquor Operating Profits helps reduce taxes and provides funding for capital equipment. In 2015, Liquor Operations will transfer $214,244 to the General Fund, $108,200 to the Capital Equipment Fund and $73,000 to the Building Improvement Fund . Without the benefit of Liquor profits an additional levy increase of 7.02 % would have been required to continue current service levels and meet capital needs. For 2015, the median taxable valuation in St. Anthony is $223,000. Based on the median valuation of $223,000, the "City Portion" of property taxes totals $1,467.26. A breakdown of the taxes is as follows: 1) General Fund Budget $ 855 .09 2) Road Improvements $ 461 .3 0 3) Public Facilities $ 98 .57 4) Tax Abatement $ 39.43 5) Capital Improvements $ 12.87 Total $1,467.26 To help offset the cost of operations and capital equipment, Staff seeks Grants and Donations from Federal , State and private sources. Recently awarded Grants include: • Highway Safety Improvement Program -$770,154 • Minnesota Public Facilities Authority-Silver Lake Treatment System -$247,442 • Rice Creek Watershed District -Silver Lake Treatment System -$50,000 • Rice Creek Watershed District -Central Park Bio-Filtration System -$50,000 • Safe Routes to School -$50,000 At tonight's Council meeting (December gth), Staff is recommending approval of the 2015 General Operating Budget, Capital Funds Budgets and Property Ta x Levy . A resolution needs to be passed adopting the budget and certifying the final tax levy to Hennepin and Ramsey Counties . Recommendation Council approves resolution 14-085; Setting the 2015 General Operating Budget, Capital Funds Budgets and Certifying the final Property Tax Levy to Hennepin and Ramsey Counties. 37 38 NOTICE OF A PUBLIC HEARING Notice is hereby given that on December 9, 2014 at 7:00 p.m. at City Hall, 3301 Si lver Lake Road the Saint Anthony Village City Council will hold a public hearing regarding the 2015 Operations Budget and Final Levy Certification . Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St. Anthony Village City Hall , 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing . If you have any questions, please contact the Finance Director at 612-782-3316. Published: November 26, 2014 Shelly Rueckert Finance Director CITY OF ST ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 14-085 A RESOLUTION SETTING THE 2015 GENERAL OPERATING BUDGET AND PROPERTY TAX LEVY WHEREAS, WHEREAS , WHEREAS, WHEREAS , WHEREAS , WHEREAS, Minnesota State Law requires the City of St . Anthony Village provide Hennepin and Ramsey Counties with a 2015 certified operating budget and property tax levy; and the City Counc i l discu ss ed key financial issues and budgeting goals at the January, 2014, goal setting session , held a Public Hearing on April 22, 2014, reviewed the 2014 property tax levy, budget and capital equipment needs at their August 4, 2014, work session; and the City Council further reviewed the 2015 operating budget, property tax levy at its August 26, 2014, council meeting; and the City Council held the required preliminary budget meeting on September 9, 2014;and The City Council held the required budget meeting on Tuesday, December 9, 2014, 7:00 P.M . in its Council Chambers, to discuss the 2015 operating budget and property tax levy with the resident s of St . Anthony Village; and the information required for the City Council to determin e a definitive 2015 property tax levy has been collected. NOW, THEREFORE, BE IT RESOLVED that: 1) The 2014 General Operating Budget totals $6,705,729. 2) The collectible 2015 Property Tax Levy is : General Operating Le vy Capital Improvement Project Le vy Road Improvement Levy Lease Revenue Bonds Housing and Redevelopment Authority Levy Tax Abatement Levy Total Tax levy $3,321,210 $ 50,000 $1,79 1,72 5 $ 382,872 $ 132,782 s 153.148 $5,831,737 39 40 Adopted this 9th day of December, 2014 Jerome 0. Faust, Mayor ATTEST:. ___________ _ Barbara J. Suciu, City Clerk Review for Administration: Mark Casey, City Manager 2015 Budget December 9, 2014 2015 Budget Calendar •!•January 23 & 24, 2014: Goal Setting, Financial Management and Planning. •!•April 22, 2014: Public Hearing/Provide Residents with an opportunity to have input in the Budget process. •!•May -June: Staff Meetings with Department Heads - Discussion on 2015 Operating Budget and evaluating 5-Year Capital Equipment needs. ·:·August 4, 2014: Financial Planning work session. 12/3/2014 4 1 1 42 2015 Budget Calendar ·:· August 26, 2014: Presentation of the proposed 2014 op e r a ting budge t & property tax levy to th e C ity Council ·:· Se pte mber 9, 2014: Resolution ·:· Resolution setting the proposed 2015 operating budget a nd property tax levy ·:· Sept-Dec: City Manager & Staff meetings to confirm parame ters a nd es timates used in budgeting process ·:· Decembe r 9, 2014: Presentation of 2015 operating budge t and levy ·:· Adoption of 2015 o perating budget and p roperty ta x levy 2015 Budget Parameters • Revenues budgeted using current trends for variable revenue sources and conservative estimates for stable revenue sources • City receives Local Government Aid • Expenses budgeted at amounts that will maintain present level of City services 12/3/2014 2 2015 Budget Parameters • Salaries -COLA's estimated at union settlements • Health Insurance premiums up -10. 5 % with City's share of health insurance premium increase at estimated union settlements • State increases in pension funding requirements 0 3.5 % for non-police and fire 0 5 .9 % for police and fire (6.2 % in 2014) • Workers Compensation Costs up 13 % 2015 Budget Parameters • Property, casualty and liability insurance costs up 12.25 % • Utility Costs up 5 .1 % reflecting proposed and anticipated rate increases applied to current consumption levels 12/3/20144 3 3 44 General Fund and Levy General Fund/HRA Overall Levy 2014 $3,256,770 $5,612,837 2015 $3,453,992 $5.831,737 Increase $197,222 $218,900 • Increase of $62,448 over 2014 Local GovernmentAid (LGA) 2015 Levy Relief • LGA increase • Debt Levy Reduction 12/3/2014 4 Impact of Levy Relief • Pre-levy relief -7.64 % increase • With debt reduction -5.01 % increase • With additional LGA -3.90% increase •Estimated change in City tax rate with TIP decertification -.42% increase Impact on 2015 Levy Components • HRA Levy -.50% decrease • General Fund Levy -6.34 % increase • Debt Levies increase -. 94 % increase >-2014 Road Project $157,629 ~ 2008A debt restructuring -($8,924) ).;> Scheduled Debt Levy reduction -($147,500) ~ Public facilities/ tax abatement debt requirements increase -$6,533 1 2/3/20 144 5 5 46 Impact on 2015 Levy Components ;,, Debt Levies increase -.94 % increase 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Cumulative use of LGA • Reduced reliance on Liquor profits and reduced cost allocations to utility funds ~ 33% use of LGA • Property tax relief, negating the impact of certain cost factors >-37% use of LGA 12/3/2014 6 Cumulative use of LGA • Addressing severance obligations, and risk management >--22 % use of LGA • Property tax relief, supplanting decreases in revenues and other aids , 8 % use of LGA 2015 General Fund Revenues Transfers Miscellaneous 4 % Fin es 4% Contracts 22% Intergovernmental Reven ue 13 % Permits 3% Tax Levy 52% 12/3/20144 7 7 48 2015 General Fund Expenditures Publ ic W orks 14% Parks 5 % Administra tio n 7% Financ e 4% Police 49% 2015 Proposed Levies 2014Actual 2015 $Increase/ Proposed Decrease General Fund $3, 123 ,343 $3,321 ,210 $197,867 C.l.P. $50,000 $50,000 - Road Improvement $1 ,776,580 $1 ,791,725 $15,145 Debt Lease Revenue Bonds $378,462 $382,872 $4,410 HRA Levy $133,427 $132,782 $(645) Tax Abatement $151 ,025 $153,148 $2,123 To tal $5,612,837 $5,831,737 $218,900 Total Percent Change 3.90% 12/3/2014 8 2015 Property Tax Distribution School District, 33 % Other Taxing Districts, 6% Property Taxes 2015 Category County City School Other Di str icts To tal &i .. t.111.111 kHH·M& $997.36 25% $1 ,467.26 36% $1 ,342.16 $242.21 $4,048.99 33 % 6% 100.00% Median Single Family Home Value of $223 ,000 County. 25% 12/3/20144 9 9 50 Distribution of City Taxes Category Amount General Fund Levy $855.09 Roads $461.30 Public Facilities $98.57 Tax Abatement $39.43 Capital Improvements $12.87 Total $1,467.26 Med ian Single Family Ho me Va lue of $22 3,000 What does the General Fund Levy Support? • The following city services: 0 Administration 0 Police ° Fire 0 Public Works ° Finance 0 Parks • 2015 average homeowner costs $855.09 0 Home valued at $22 3,000 0 $71 .26 /month for City serv ices ~ 12/3/2014 10 Issuance of Debt/Levy Impact • Issued 2013B Street Improvement Bond Totaling $1,775,000 0 Edward Street from 35th A venue NE to 36th A venue NE; and 0 36th A venue NE from Roosevelt Street to Silver Lake Road • 2015 average homeowner costs $461.30 0 Home valued at $223,000 0 $38.44/ month for road improvements Grants/Donations -Partnerships • Since 1999 to date: ° City has received $18 ,989,975 Grants awarded • Donations from local businesses/ residents · $2,279 per resident (Based on population of 8,333) • Partnerships: City of Falcon Heights ... St. Anthony •• New Brighton IN DE PENDENT SCHOOl OI SfllCT 212 -MISS1$Slrrl WATfllJUD .. ({W.5 "-r, fl{~ C it y of Birchwood Village 12/3/2014> 1 11 52 Summary of 2014 Budget • General operating Levy totals $3,321,210 • Salaries, health insurance, and other operating cost increases offset by use of LGA • Proposed 2015 capital equipment budget totals $386,743 • Liquor operations transfers totals $395,444 0 $214,244 prov ide s funding of general fund 0 $181 ,200 prov ides funding of Capital equipme nt and Building Improvement budgets • Increase in all levies totals $218,900 or 3.9°/o / QUESTIONS? Ca ll Finance D irecto r : She lly Rueck ert (6 12) 782-33 16 12/3/2014 12 MEMORANDUM To: From: Date: WSB Project No . Request: RECOMMENDATION Honorable Mayor and City Council Members Mark Casey, City Manager Kelsey Johnson, AICP, City Planner November 25, 2014 City Council Regular Meeting for December 9, 2014 02170-090 Request for a Conditional Use Permit (CUP) to Allow a Restaurant to be Located Less than 250 Feet from a Residentially Zoned District and a Variance from the Minimum Required Parking Stalls on the Property Located at 2510 Kenzie Terrace The Applicant's request for a conditional use permit (CUP) to allow a restaurant to be located less than 250 feet from a residentially zoned district and a variance from the minimum requ i red parking stalls on the Property located at 2510 Kenzie is consistent with the intent of the Zoning Ordinance and the City's Comprehensive Plan. Staff recommends approval of the Applicant's request as outlined in Exh i bit C. The Planning Commission held a public hearing on the request on November 24, 2014 and recommended approval of the Conditional Use Permit and Variance with a vote of 5-0. The Plann ing Commission did recommend a condition relating to eliminating (closing off) access to the Property from Lowry Avenue as shown below: I . Both acce ss p oints from th e Prop erty to L o wry A venue must be chain ed off or a barr i er placed to reduce traffic from enterin g/ex iting to/from the single fa mil y re siden t ial neighbo rh o ods to the so uth o f the Property to en sure safety. The City Planner reviewed this condition with the City Engineer, Police and Fire Department. While access to/from the site is feasible from a public safety perspective, it was not desirable by either department. Furthermore, the access from Kenzie Terrace is primarily a right-in/right-out acces s and closing access off to/from Lowry Avenue was not advised by the City Engineer due to access , circulation and safety concerns. Primarily, concerns over traffic movements from westbound Ke nzie Terrace were raised by the City Engineer as it would force U-Turn movements along Kenzie Te r race to enter the Property. Furthermore, closing access from Lowry Avenue could be perceived by the Property Owner as a taking given the limited access to the Property today. Staff does not recommend clos i ng the access to the Property from Lowry Avenue . 53 54 November 25, 2014 Page 2 GENERAL INFORMATION Applicant: Owners: Location: Existing Land Use I Zoning: Surrounding Land Use I Zoning: Deadline for Agency Action : Joel Janssen R.J . Ruppert Trustee 2510 Kenzie Terrace Commercial/zoned: C-Commercial North: East : South : West: Low Density Residential I Zoned R-1-Single Family Residential Low Density Residential I Zoned R-1 -Single Family Residential City of Minneapolis (Single Family Residential) Undeveloped/ Zoned C-Commercial Application Date : 60 Days: 10-14-14 12-13-14 N/A 02-11-15 Letter Sent: 120 Days: CONSIDERATIONS RELATING TO THE REQUEST 1. Background The Applicant wishes to open a new "neighborhood pizza and burgers restaurant" named "Buste rs " in portion of the existing south building (1,436 sf) on the property located at 2510 Kenzie Terrace (space adjacent to Brand Ink). The Property is located immediately adjacent to a residentially zoned district, with the building located approximately 120 feet from the bordering property line . The Applicant has indicated that the majority of business will be take-out or delivery, however there will be seating for up to approximately 30 people within the restaurant. Currently there are two buildings located on the Property. The north building (1,056 sf) currently houses a Chinese Day Care facility, with the south building (3,444 sf total) currently housing Brank Ink., a custom graphic and signage business. Peak hours associated with the Chinese Day Care are from 7:30am to 9am and 4 :30pm to 5 :30pm in the evenings (drop off and pick-up times). Both businesses currently located on the site are not open on the weekends . Busters anticipates having a total of 6 employees, of which 3 will be working on the busiest shift (typically nights/weekends). Parking Existing On-Site Parking The Applicant provided a site plan with the Application (See Exhibit B: Applicant's Application) that indicates a total of 51 parking spaces on the property. However, after conducting a site visit and utilizing multiple aerial photographs, it appears that while there may be room for 51 cars to physically be parked on the property, as indicated by the Applicant, the parking spaces that meet City Code (size, spacing, handicap accessible, drive aisle requirements, etc.) totals 37 parking spaces on site . There are currently 6 parking spaces (1 reserved for handicap parking) on the south side of the northern building (Chinese Day Care); 6 parking spaces (two reserved for handicap parking) along the north side of the southern building; 12 parking spaces to the east of the southern building; 11 parking spaces along the east boundary of the property; and 2 parking spaces in the northwest corner of the site. All other parking as shown on the Applicant's site plan (spaces 1-4 and 26 -33) are drive aisles required for safety and circulation on the property. November 25, 2014 Page 3 Off-Site Parking Parking is prohibited along this portion of Kenzie Terrace as marked with the "No Parking Signs " along the corridor. Lowry Avenue does not currently prohibit parkin g along the north portion of the roadway located within the City limits; however a maximum of 5-6 cars could realist ica lly park in this area, however is discouraged given the low density residential neighborhood adjacent. In any regard , these 5-6 spaces do not count toward the total minimum on-site parking requ i rements. Minimum Parking Space Requirements Chapter 152.179 (A) (5) outlines the "minimum number of spaces" required with each use in the City . The Applicant is proposing a restaurant within the C -Commercial District. The City Code has three classifications for parking that may be considered for the proposed use , including: (c) Churches, clubs , and restaurants must have a number of parking space which is no less than the total designed seating capacity of the structure d ivided by 2.5, plus 1 parking space for each employee on the largest shift (15 parking spaces required); or (f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross floor area (5 parking spaces required); or (I) Fast food, take out, and convenience restaurant must have at least 1 parking space for every 50 square feet of gross floor area , plus 1 parking space for every 3 seats, plus 1 parking space for every employee on the largest shift (42 parking spaces required). When considering which type of use is most appropriate in terms of parking requirement category as listed above, it would appear that (f) uses in the C District is not the most appropriate as the proposed use is more intense in nature th an an office space, personal service business, retail business or other permitted use in the C-Commercial Dis trict. Therefore , (c) or (I) appear to be the most appropriate category to co nsi der. When looking at the definition for "Fast Food Restaurant " in Chapter §152.008: Defin it io ns, a Fast Food Restaurant is defined as "a restaurant in which the primary method of dispensing and selling food is over the counter directly to the customer for consumption on the premises or elsewhere, excluding re staurants in which more than 20% of the gross sales are through table service". While the Applicant did not provide the breakdown of sales anticipated, the in dica tion that it will "focus strongly on take-out and delivery". It is unknown at this time (as this is the first business of its kind) if Busters falls more in line with a traditional fast-food restaurant similar to a Culvers or Wendys, or if it falls more in line with an Applebees (with Car-side To Go). Given the size of the use, and the Applicant's indication for "focusing strongly on take-out and delivery", Staff has concluded that the use tends to fit into the context of provision (I) fast food , take out, and convenience restaurant, thus requiring a greater amount of parking on-site, and therefore Staff concluded that a variance is needed. In this instance, a total of 53 parking spaces are required . If the City Council interprets the use differently (classifying as (c) Churches, clubs, and restaurants) a total of 26 parking spaces are required. Alternatively, an average or middle ground of the two categories (perhaps a restaurant like Panera Bread , Smash Burger, and the like -both sit-down and take-out and generally of a faster nature) would require 40 parking spaces. Given the fact that the site can only accommodate up to 37 parking spaces, Staff has determined that a variance is still required under this interpretation . Vehicular Circulation The site can be accessed from any of the three access points; one from Kenzie Terrace to the north, and two from Lowry Avenue to the south . Drive aisles encompass the site, prov id ing safe circulation within the Property . 55 56 November 25, 2014 Page 4 The uses currently located on the Property are generally of a low intensity use that does not generate a significant amount of traffic on a daily basis. Both uses currently on site are also closed on the weekend. The proposed restaurant use is anticipated to generate 40-60 trips per day based on the Institute of Traffic Engineers (ITE) Code . This number accounts for deliveries, garbage hauler pick-up, etc. Is appears that both Kenzie Terrace and Lowry Avenue can adequately accommodate this anticipated traffic. Pedestrian Circulation A sidewalk currently exists along Kenzie Terrace , with a connection to the north building on the property as well as the parking lot to access the south building. A sidewalk also exists along the north side of the south building where the Applicant is proposing the restaurant use . Hours of Operation The proposed hours of operation will be from 11am to 11pm Sunday through Thursday, and 11am to lam Friday and Saturday . The Applicant has indicated the business's peak hours will be 6pm to 9pm seven days a week. The proposed hours are similar to other like-businesses within the area (i.e . Village Pub). Signage The Property currently has a rooftop sign frame that the Applicant is proposing to reface. The sign is 56 sf in area (4'-Yi" x 14'-3 X") and is proposed to be an illuminated cabinet sign. 2. Applicable Codes Relating to Conditional Uses . Title XV Land Usage, Chapter 152 Zoning Code, Section §152 .122 PERMITIED CONDITIONAL USES (WITHIN THE C DISTRICT) (P) states that "Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district" is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code , Section §152 .243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The Property at 2510 Kenzie Terrace is located within the C-Commercial Zoning District, which allows restaurants, cafeterias, and delicatessens located le ss than 250 feet from a residential structure or district" as a permitted conditional use. Criteria met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions have been described in this report and are included in the draft resolution for consideration . Criteria met. Conditions include: 1. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e . building permit for any interior work, sign permit, electrical permit, plumbing permit, etc .). November 25 , 2014 Page 5 2. An exterior dumpster, if proposed , shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan showing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted w ith this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of lO:OOpm and 7:00am. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be subm itted, reviewed and approved by the City Planner prior to installati on. 3 . The use will not be detrimental to the health, safety, or general welfare of pers ons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include single family residential homes east and south, high density residential to the northeast, a vacant parcel to the west and commercial uses and sing le family residential (Lowry Grove) to the north and northwest. Similar restaurant uses have been located within this site in the past. It is unknown, however, how much seating there was associated with the previous uses or the intensity of those restaurants in terms of traffic. The Applicant's proposed restaurant concept appears to requi re more parking (when combined with existing uses on the Property) than currently existing on site . This could result in overflow parking on publi c streets within the neighborhoods to the south, whi ch may be bothersome . Additionally, having the bu siness open until lam may have an impa ct on noise associated with patrons leaving the restaurant in the morning hours. These hours are not unli ke other restaurant establishments in the area (i.e . Village Pub), although the neighborhood characteristics surrounding the Village Pub are different than the Property loc ated at 2510 Kenzie Terrace , as it is surrounded by other commercial property, a larger intersect ion, and limited single family residential use s adjacent. On the other hand, having restaurant within walking distance from residential uses promotes walkability and provides the neighborhood with another dining option w ithin their immediate neighborhood . Restaurant uses have occurred on the Property i n past and have been seen as a benefit to the area. Criteria met. 4. The use will provide a service or a fa cility which is in the interest of public convenie n ce and will contribute to the general welfare . Having a variety of dining options within a community is a conven ience that serves the entire community and surrounding area. Having dining options within walking distance of your residence is an added benefit that not all area s throughout the community have. Add itionally, the space is currently vacant and therefore the property is underuti l ized . Adding a restaurant bu siness will fill the space and add some vibrancy to the area . Criteria met. 4. Criteria for and Consistency with Criteria for Variance Approval . Title XV Land Usage , Chapter 152 Zoning Code , Section §152 .245 , (C) Evidence, lists the criteria the City Council must con sider in determining whether to grant or deny a varian ce. The applicable criteri a include: 1. The s ubje ct matter of th e application is within the scope of this section . 57 5 8 November 25, 2014 Page 6 The site currently has 37 parking spaces. A fast food, take out, and convenience restaurant requires 42 parking spaces in addition to the existing uses on site ( 11 parking spaces for a total of 53 parking spaces). Not meeting these criteria fits within the scope of the variance section. Criteria met. 2 . Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The property owners propose to fill an existing vacant portion of a commercial building with a restaurant, which is a commercial use . Restaurant uses have existed in this location in the past . While the nature of the restaurant (intensity) is relat ive ly unknown, the Applicant's statement to "focusing strongly on take-out and delivery", in addition to the 30 seats available for a dine-in experience, lend the need for additional parking. Having a restaurant use in a commercially zoned district is reasonable use of the property. Criteria met. b . The plight of the property owner is due to circumstances unique to the property not created by the property owner; The Property is zoned C-Commercial and is located directly adjacent to a residentially zoned district. The existing buildings and parking lot layout and sizing have been in place for several decades . Restaurant uses have been located here in the past as well. The need for the variance was not created by the property owner. Criteria met. c. The variance, if granted, will not alter the essential character of the locality; and If the variance is granted, the use of the Property as a commercial district will not change. The mixture of uses between commercial (service) type uses and residential uses has existed for several decades. While it is acknowledged that having a restaurant will increase the intensity of the use (as opposed to the existing vacant space), having this mixture of uses promotes the visions of the City by creating a sustainable and walkable environment. The building will not be altered physically in any way (besides new signage) and the overall site and parking layout will remain the same . Criteria met. d. Economic considerations alone are not the basis of the practical difficulties. The basis for the practical difficulties is that the parking lot is existing in its current layout and size. It does not appear that economic considerations alone are the basis of the practical difficulties. Criteria met. 3 . The variance, if granted, would be consistent with the City's comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, commercial. The comprehensive plan guides this area for commercial use and the proposed restaurant use will not alter that use . Criteria met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to : a. Protect the use districts; November 25, 2014 Page 7 The proposal would not change the use of the property. The current use (and proposed use) as a commercial business is consistent with the City Code and uses outlined within. Criteria met. b. Promote orderly development and redevelopment; The proposal seeks to fill a currently vacant portion of a commercial building that has been used as a restaurant use in the past. Having dining options within walking distance from single-family residential neighborhoods encourages walkable and sustainable neighborhoods. Criteria met. c. Provide adequate light, air, and access to property; The proposal would not negatively impact adequate light or air from reaching the property or adjacent properties as the existing buildings and site layout will not be modified as part of the proposal. Criteria met. d . Prevent congestion in the public streets; While additional vehicle and pedestrian trips will be made to and from the site with the addition of a restaurant use , the proposal is not anticipated to have an impact on the traffic or congestion in the public streets. If all parking spaces are fully utilized within the existing parking lot, it is possible that vehicles could overflow into the surrounding public streets. However, given the hours of operation of the other businesses located on site, and the nature of the business to have quick turnaround (pick-up and deliver) of customers, it is anticipated that parking and traffic can be handled adequately on the Property. Criteria met. e . Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; Allowing the requested variance will not result in overcrowding of the land or an undue concentration of structures as the buildings will not be altered from existing conditions on site. Criteria met. f Provide for compatibility of different land uses; CONCLUSIONS The proposal will not result in a change of land use, nor is it seen conflict with adjacent land uses. Having a mixture of uses and services within a close proximity to one another promotes the City's visions of having a sustainable and walkable community. Criteria met. The Property has been utilized for commercial uses for the past several decades, and has been in close proximity to single-family residential land uses. The existing buildings on site will not change in any way (other than proposed signage along the north side of the southernmost building), nor will the layout of the existing parking lot. Having a restaurant use occupy a portion of the south building will provide an alternative dining option for residents within the immediate area and throughout the community and surrounding area. The location of the site also lends itself well to opportunities for residents and neighbors to walk to the property as opposed to traveling by vehicle . 59 6 O November 25, 2014 Page 8 While it is acknowledged that traffic may increase to and from the Property over existing site conditions (having a vacant space), the hours of operation, size of the restaurant, number of employees and ability to share parking with the other two tenants appears to be reasonable. RECOMMENDED ACTION 1 . Request Additional Information and Continue the Meeting. Should the City Council request additional information from the Applicant, the City Council should cont i nue the meeting until a later time. 2 . Approval (with or without conditions) of the Variance. In the event of a decision for approval (with or without conditions), the City Council may refer to Exhibit D and may modify the draft resolution for approval to include any conditions that it deems necessary . 3. Denial of the Variance . In the event the City Council chooses denial of the requested variance , it should clearly state its reasons for the denial recommendation and direct staff to prepare a resolution. ATIACHMENTS Exhibit A: Exhibit B: Exhibit C: Location map Application and Supporting Material Resolution 14-086; a re solution Approving a Conditional Use Permit (CU P) to allow a Restaurant to be located less than 250 feet form a Re sidentially Zone d District and a Variance from the Minimum Required Parking Stalls on the Property Located at 2510 Kenzie Terrace N A o 20 40 80 Feet Exhibit A -Location Map 251 O Kenzie Terrace 1 62 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Office: (612) 782-3301 Fax : (612) 782-3302 www.ci.saint-anthony.mn.us -For Office Use Only- Planning File Number Project Number Application Submittal Date Application Completed Date Fee Paid Rece ipt Number Planning Commission Meeting Date Council Decision Council Decision Date $/050 LAND USE APPLICATION Address of Property Involved : d-'>:t (> t\<.V\ z.iE ~e..... Property ID Number: 01 OJVJ ~3d3 oo/b Legal Description : a(J'lll) ryle(t/K(, Applicant Information Applicant Name : 3cE L ::;f w sse;N Applicant Address: I qz_q IA}fK:Def\I 1PL. 'b./f.. Applicant Telephone Number: le 11-· q t{'l · 4 SCt 5 Other:--------------- Applicant Fax Number ________________________________ _ Applicant Email Address : ..Ju.ns5.e/\ ~ ~ 'C.Ql(;&v/ .. C.01\A ' Property Information R v ff '1l1 O Property Owner (if different from above):_.JR::::-...:<d_:c·:...._Jg~~~:t:1:~'~~~~b.---.. -------------- Owner Address : 55tn {4 VY f3.it.£ &cLe-1-tj_Wt1'\11'f3ftN /i/!M / 6'2'/31 Owner Telephone Number: ·~ · 45/ · k 3 J13 Owner Email Address : Cj crupf>e=' t--© CLO ( . f>{)lVJ Type of Request {Check All that Apply) 0 Appeal ($100 fee) O Comprehensive Plan Amendment ($750 fee+ $1,500 escrow if re sidential; $3,500 escrow if commercial/industrial) "t Conditional Use Permit (CUP) ($200 fee+ $450 escrow if residential; $850 escrow if commercial/industrial) J Easement Vacation ($200 fee+ $500 escrow) :J Preliminary Plat ($500 fee+ $500 escrow) Final Plat ($500 fee + $500 escrow) Cl Minor Subdivision/Lot Split ($250 fee+ $1,250 escrow) 0 Planned Unit Development (PUD) ($750 fee + $2,500 escrow) CJ Rezoning ($500 fee + $750 escro w) 0 Zoning Text Amendment ($500 fee + $750 escrow) cJ Site Plan ($250 fee + $450 escrow) =i Variance ($200 fee + $450 escrow if resi dent ial; $850 escrow if commercial/industrial) Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. 63 Description of the Request (OR a separa~e detailed narrative explaining the project): Filing and Information Requirements The City requests that you make a pre-application meeting with the City Planner to discuss the application process, requirements, and deadlines. Unless waived by the City Planner or Plann i ng Comm issi on, a certified survey of the property is required for all applications . A checklist with additional requirements can be found at www.ci.saint- anthony.mn.us. Incomplete Applications and Submission Deadline A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the meeting of the Planning Commission or City Council meeting at which the request will be heard . Submission of an incomplete application may delay the processing of your land use request . The application approval time commence s and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete . A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application. When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published . Upon submission of a complete application, state statute requires that a decision be issued within 60 days regarding each request; however, a 60-day extension may be obta in ed if more time is needed . Notice of Meeting Attendance In order tor the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next avai lable agenda . Agenda Deadline and Meeting Schedule Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m ., while City Council meetings are held typically the second and fourth Tuesday of every month at 7:00 p.m. Meeting dates and times are subject to change so please contact City Hall to verity the meeting date and t ime . All meetings are held at the St. Anthony Community Center in the Council Chambers, 3301 Silver Lake Road , St. Anthony, Minnesota 55418, unless otherwise stated. Applications are advised that additional meetings and/or workshops are scheduled when necessary. 64 Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow depos it is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. 12 l 0)1'/ L"'1 ~ I I Date Date Please contact the City Planner at 763-287-8521 or planner@ci.saint-anthony.mn.us if you have any questions regarding this application . May 2013 34 35 36 37 14 15 16 17 18 38 20 2 1 22 23 24 39 40 41 42 43 44 45 Bu s t e r s Pa r k i n g 26 2 7 28 2 9 30 31 32 33 19 ~c &ii ~ f ; ; . i . - ~ 6Jt J 1 c f > ~ '~ 25 \ \ S i d - e l k \ Wa l k wa y Ha n d i c a p Ha n d l c a 1 7 8 9 10 11 12 13 46 47 48 4 9 50 51 1 2 5 6 O"I Ul 66 NOTICE OF A PUBLIC HEARING Notice is hereby given that on November 24, 2014, 7:00 p.m . at City Hall , 3301 Silver Lake Road , the Saint Anthony Village Plan ning Commission will hold a public hearing to solicit public response to a request from Joel Janssen on behalf of the property owner R.J . Ruppert for a conditional use permit to allow a restaurant without drive-through facility within 250 feet of a residential district and a variance from the required minimum number of parking spaces on the property located at 2510 Kenzie Terrace . The Planning Commission will make a recommendation regarding the proposed request to the City Council for thei r meeting to be held on December 9, 2014, 7:00 p.m . at City Hall. Those persons having an interest in said meetings are encouraged to attend. Oral testimony will be accepted on the above subject at this meeting. Written comments may be taken at the St . Anthony Village City Hall , 3301 Silver Lake Road , St. Anthony Village, Minnesota 55418 until the date of the hearing. Questions may be directed to the City Planner at 763-287-8521. The application, related to this public hearing, can be viewed online at www.saint-anthony.mn.us as part of the current Plann ing Commission agenda. Kelsey Johnson, AICP City Planner 3301 Silver Lake Road , St . Anthony, M innesota SS418-1699 • www.ci.saint-anthon y.mn .us •(612) 782 -3301 Fax (6 12) 782-3302 Our m i ssio n is to be a p rogressi ve and livable community , a w a lkable v i llage w h ich is susta i nable, safe and secure. 67 68 Barb Suciu From: Sent: To: Subject: Hi Kelsey, Here is what I know. Joel Janssen <janssen6@me.com> Sunday, November 02, 2014 11:23 AM Kelsey Johnson Busters Square Footage The square footage of 2510 is approximately 3444 square feet, and 2520 is approximately 1056 square feet. The square footage for the restaurant is approximately 1,436 square feet of the 2510 building . With the seating being closer to 30 rather than the 40 I put on the application . The max number of employees on any given shift is 3. The other tenant in the 2510 building is Nick Lowry, company Brand Ink. and they do commercial printing and graphics. The Tenant in the 2520 building is Chinese Day Care and they do childcare. I don't know the tenants name. I anticipate that most of my business will be take-out and delivery. Being in a residential area such as this, there will be a great number of customers walking here to dine-in and for take out. The Chinese day ca re's peak hours are from 7 :30am to 9am in the mornings, and we are not open at this time, and from 4:30 to 5:30 in the evening as parents come to pick up their children taking 5 minutes of parking. This day care maybe cares for 10 children, so very light traffic . Day care is not open on the weekends. Nick Lawry's graphics and printing business has 2 employees, very rarely customers come to his shop, as he does most of his business of site or online . Generating very little traffic, they are closed by 5pm, and also are not open on the weekends. Busters peak times will be 6pm-9pm seven days a week, neither the day care or the ink design businesses will be open at these times. The weekends will be our busiest days of the the week and again neither of the 2 other businesses will be open. There are 16 street parking spots just in front of our business as well on Kenzie . This is a good mixed use for the property, as it mixes day and night, weekday and weekend businesses very well, allowing the 50+ parking spaces to be more than adequate to meet the needs and in compliance with the zoning requirements. Hope this answers your questions, thank you . Joel Janssen 612 -991 -4563 1 CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 14-086 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW A RESTAURANT TO BE LOCATED LESS THAN 250 FEET FROM A RESIDENTIALLY ZONED DISTRICT AND A VARIAN CE FROM THE MINIMUM REQUIRED PAR.KING STALLS ON THE PROPERTY LOCATED AT 2510 KENZIE TERRACE WHEREAS, the City of St. Anthony Village received a request from the Applicant Joel Janssen on behalf of the Owner R.J. Ruppert Trustee for a conditional use permit (CUP) to allow a restaurant to be located less than 250 feet from a residentially zoned district and a variance from the minimum required parking stalls on the property located at 2510 Kenzie Terrace on October 14, 2014, legally described as follows: Lot 2, Block 1, KENZIE TERRACE ADDITION WHEREAS, the Property located at 25 l 0 Kenzie Terrace is located within the C- Commercial Zoning District; and WHEREAS, restaurants, cafeterias and delicatessens located Jess than 250 feet from a residential structure or district are permitted conditional uses with the issuance of a Conditional Use Permit (CUP) in the C-Commercial Zoning District; and WHEREAS, the Property located at 2510 Kenzie Terrace is located immediately adjacent to a residentially zoned district; and WHEREAS, the site currently has 37 marked parking stalls for shared use between the two buildings (and three uses) on the Property; and WHERAS, the proposed restaurant use requires 42 parking stalls for a total of 53 parking stalls when combined with the other uses existing on site; and WHEREAS, the Planning Commission reviewed and considered the requests based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on November 24, 2014; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant's conditional use permit and variance requests based on the following findings: I. The requested conditional use permit (CUP) is consistent with all of the standards for granting a conditional use permit as described in Section § 152.243 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the required conditional use permit is justified for the following reasons: a. The restaurant use is one of the conditional uses specifically listed within the C- Commercial Zoning District in which the Property is located in. b. The City has specified all conditions which the City Council has deemed necessary to make the use compatible with other uses in the area; 69 70 c. The additional dining option within close proximity to single-family and high- dens ity multiple-family res idential uses will provide a mixture of uses in the neighborhood, which will promote walkability and sustainability, which contributes to the health , safety and welfare of the persons residing or working in the vicinity; and d. The proposed restaurant use will provide a serv ice which in the interest of public convenience and will contribute to the general welfare. 2. The requested variance is consistent with all the standards for granting a variance as described in Section § 152 .245 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the requested variance is justified for the following reasons: a. The Applicant proposes to use the property in a reasonable manner. A restaurant use is common within commercially zoned districts and has previously been located on this Property. b. The site la yo ut in terms of s ize and location of the existing buildings and parking lot area will not change with the proposal of locating a restaurant within the vacant portion of the southernmost building. Limited parking stalls are a circumstance unique to the Property, and were not created by the Applicant. c. Granting the variance will not alter the essential character of the locality, as the Property will remain a commercially zoned property which permits a variety of uses including restaurant uses. d. Economic considerations alone are not the basis of the practical difficulties . e. Granting the variance is consistent with the City's comprehensive land use plan and is in harmony with the general purposes and intent of the City's Code relating to protecting the use districts. The use of the Property will remain the same as it is today. f. Granting the variance from the minimum required parking stalls will not impact the amount of adequate light, air and access to Property or neighboring properties. g. Allowing the variance is in harmony with the general purposes and intent of the City's Code relating to preventing congestion in public streets. The project will have no impact on congestion as both Kenzie Terrace and Lowy Avenue can adequately accommodate the anticipated traffic generated from the commercial use. h. Allowing the variance is in harmony with the general purposes and intent of the City's Code to provide for compatibility of different land uses. The project will have no impact on land use compatibility, and will encourage walkable and susta inable neighborhoods through a variety and mixture of use s in close proximity. 1. Allowing the variance is in harmony with the general purposes and intent of the City's Code to prevent overcrowding of land and undue concentration of structures by regulating land , buildings, yards and densities. The variance will not result in overcrowding or concentration of buildings as the site layout will not be modified with the proposed restaurant use. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the requested conditional use permit and variance is contingent on the following: I. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan s howing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired , an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the bui !ding between the hours of I O:OOpm and 7:00am. 5. Any lighting associated with , or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be submitted, reviewed and approved by the City Planner prior to installation. 6. Both access points from the Property to Lowry A venue must be chained off or a barrier placed to reduce traffic from entering/exiting to/from the single family residential neighborhoods to the south of the Property to ensure safety. 7. (insert additional condWons as dis cussed) Adopted this 9th day of December, 2014. Jerome 0. Faust, Mayor ATTEST: _________ _ Barbara J. Suciu, City Clerk Reviewed for administration: Mark Casey, City Manager 71 72 THIS PAGE LEFT INTENTIALLY BLANK 2510 Kenzie Terrace CUP and Variance Requests City Council Meeting December 9, 2014 Applicant: Joel Janssen Owners: R.J . Ruppert Trustee Location: 2510 Kenzie Terrace Existing Land Use Commercial/ Zoned C-Commercial I Zoning : Surrounding Land Use I Zoning: North: East: South : West : LDR/ zoned Rl LDR /zoned Rl City of Minneapolis (SFR) Undeveloped/ zoned C-Commercial 12/3/2014 7 3 1 74 • Overview -New "neighborhood pizza and burger restaurant" named "Busters" (1,436 sf} -Southernmost building on site (Chinese Day Care and Brand Ink.} -Majority "take-out or delivery" business with sit- down seating for at least 30 people -6 employees (3 at peak shift} 12/3/2014 2 • Overview -Sun through Thurs -llam to llpm; Fri & Sat - llam to lam -Existing sign frame with new 56 sf sign area -Three main access points to/from site -Anticipated 40-60 trips per day (ITE Code) • Overview -Parking • 37 spaces exist on the Property today • 53 stalls required (all uses on site) 12/3/2014 7 5 3 76 12/3/2014 ;t » 9 Cr s ~· -- It -- Ot 61: ~ ~z CZ ll IZ oi 8C SI ti LC -- 9C r. 6 8 •c ~ .. ~~~ .. a I ~ SC -- tC 4 12/3/2014 7 7 ie errace J .. J .. J .. J .. J ··l·I • T ~ .. , ....... , .. , ~ .... -·+l +·H~ 1. . -· ~... ··fH +·H " . '~ . .............. l ··J .. J .. J .. J .. J-1 t---=""-.---i ..j_±±.J .. ~ .. ..____.,.~__..,..-·~ f ·'T ll l ··ITT 41 ........ ._ 5 78 , .. , .. , .. , .. , .. , .. , i------.------j "l +1 +·G:J .___, _ ___,..,._..., "i "i"I +· H 12/3/2014 6 -14 space s • CUP Criteria Review ~~~ .. L+~GH~ ,___,,~----::,,,,_.., ··I "I "I "I "I "I -Use is one of the conditional uses specifically listed in the district; -City Council has specified all condit ions; -Use will not be detrimental to the health , safety or general welfare of persons residing or worki ng in the vicinity; -Use will provide a service or facility which is in the interest of public conven ience and will contribute to the general welfare 12/3/20 147 9 7 80 • Variance Criteria Review -The subject matter of the application is within the scope of the variance process -The property owners propose to use the property in a reasonable manner. • Variance Criteria Review -Allowing the restaurant is not perceived to have a visual impact on the essential character of the neighborhood 12/3/2014 8 • Variance Criteria Review -Economic considerations are not the sole basis of the practical difficulties -The variance is consistent with the City's Comprehensive Plan . The property is guided for commercial use. This will not change. • Variance Criteria Review -The variance is in harmony with the intent of the Zoning Code • The use as a commercial property will remain • The proposal seeks to improve the property • The proposal will not negatively impact adequate light or air from reaching the property or adjacent property • The proposal will have no impact on congestion in the publ ic street • The proposal will not result in overcrowding of the land • The proposal will not conflict with adjacent land uses 12/3/201481 9 82 ie Terrace • Recommendation Staff recommends approval of the conditional use permit (CUP) to allow a restaurant to be located 250 feet from a residentially zoned district and a variance from the minimum required parki ng stalls on the Property located at 2510 Kenzie Terrace subject to the findings and conditions outlined in Exhibit C. Questions? 12/3/2014 10 ROONEY & NEILSON, LTD. Attorneys at Law 1257 Gun Club Road White Bear Lake, MN 55110-3379 Thomas J. Rooney Larry Neilson Telephone (651) 481-9222 Telefax (651) 481-7038 E-mail: tom@J'ooneyneilson.com larry@rooneynei/son.com FAX TRANSMITTAL COVER SHEET Date: December 3, 2014 Time: 4:21 PM Number of Pages, including this page: 5 TRANSMIT TO: NAME: City of St. Anthooy/ ATTN; Mayor and City Council Members FAX No: 612-782-3302 FROM: Gina Natterstad/Legal Assistant MESSAGE: Re: PROPOSED RESTAURANT AT 2510 KENZIE TERRACE, ST. ANTHONY, MN IF THIS TRANSMISSION IS INCOMPLETE, PLEASE CALL Gina at (651) 651-481- 9222 The information contained in this facsimile message may be privileged and confidential. It is intended only for the use of the individual or entity to whom it is sent. lfthe recipi ent of this transmittal is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address v ia the U .S . Postal Service. 83 84 GINANATTERSTAD 2342 Taft Street NE Minneapolis, MN 55418 (763) 443-5455 December 3, 2014 To the Honorable Mayor and City Council Members: I reside at 2342 Taft Street NE, Minneapolis. I recently attended a public hearing relating to a request to allow a restaurant to be operated at 2510 Kenzie Terrace in St. Anthony. This proposed restaurant is within 250 feet of my home. As you can see from the attached Petition, many of my neighbors are also against this proposed restaurant and parking variance . Note there are approximately 20 houses total on this block of Taft Street NE. My neighbor across Taft Street has experienced three incidents in the past year relating to the currently minimal traffic leaving that parking lot, which included someone driving into his fence and trees on his boulevard. The proposed use will add UIUlecessary traffic and noise to our neighborhood, thereby disturbing our peaceful neighborhood. It seems unheard of that a city would allow a restaurant to be open until 1 a .m. in an residential area. Obviously there is a reason why the city ordinance prohibits a restaurant within 250 feet of residential property, that being to maintain the peace and quiet of a neighborhood like ours which has a "reputation" of being a very quiet neighborhood. There is no hardship reason in this situation to grant a variance. This use variance changes the character of the locality and is incompatible with the residential character of the Stinson Triangle Ndghborhood . A restaurant within 250 feet of a residential area is not a permitted use under your ordinance and should not be allowed. My neighbors and I respectfully request you abide by your own ordinance and prohibit this restaurant use within 250 feet of a residential neighborhood. Thank you for your anticipated review of this matter. )j;ly, Gina N atterstad PETITION OPPOSING PROPOSED PARKING VARIANCE AND FOR A RESTAURANT WITHIN 250 FEET OF A RESIDENTIAL AREA We, the undersigned individuals, reside in the neighborhood commonly known as "Stinson Triangle" which is directly south of the proposed restaurant seeking a variance. We believe a property can be put to a reasonable use if used under the conditions allowed by the ordinance, and a pizza restaurant with delivery, open until 1 a.m. on weekends, which could potentially apply for a liquor license, would disturb and alter the essential character of the neighborhood. Accordingly, we respectfully request the City of St. Anthony to deny the variance. Homeowner Name ·, ·'. Address <;..~ .'.>{.IQ1f •'fl-:' Z/V-• 1 1'1:fi sZ N;c d~V:. NJ I j'C::.""e'.:~' '-; :.W-v-vi "~.,., _z 3 ll '1 -u++ ]'\. N 'f;. ~ 1.d" . f £ ~ ~. k~ ·z)u '=v\~ S-'-' NL-o~N 8 5 86 . DECLARATION(S) OF STINSON TRIANGLE RESIDENT(S) IN REGARD TO PROPOSED RESTAURANT/PARKING VARIANCE /' j' ~ <-z& /K C--1~ .. t?~ £... 2JtS f/1H f./ C.~h. ti VJjlrl Uf?&-0;e"../f--F" NCI~~: @/~FFrc. I g~~U~*7 IS k co A)tC'f. "--!'-' 87 88 THIS PAGE LEFT INTENTIALLY BLANK MEMORANDUM To : From: Date: WSB Project No. Request : RECOMMENDATION Honorable Mayor and City Cou ncil Members Mark Casey, City Manager Kelsey Johnson, AICP, City Planner November 25, 2014 City Council Regular Meeting for December 9, 2014 02170-100 Request for a Variance from the Required Front and Side Yard Setbacks in O rd er to Construct a Ground Floor and Basement Addition on the Property Located at 3635 Chelmsford Road The Applicant's request for a variance to allow for the construction of a first story and basement addition and located 7.2 -feet from the side property line is consistent with the intent of the Zoning Ordinance and the City's Comprehensive Plan. Staff does, however, have some reservations about the size of the addition (nearly doubling the li ving space of the home, and nearly doubling the length of the bui lding wa ll along the non-conforming side lot line). While any expansion of the existing home would require a va riance, th e new addition could be co nfigured to meet the existing setback requirements. The Planning Commission held a public hearing on this request on November 24, 2014 and recommended approval of the variance requests with a vote of 5-0 . GENERAL INFORMATION Applicant: Owners: Location : Existing Land Use I Zoning: Surrounding Land Use I Zoning: Dead lin e for Agency Action : Gonyea Home and Remodeling David an d Jaime Bolnick 3635 Chelmsford Road Low Density Residential/zoned: R-1; Single Family Residential North : Low Density Residential / Zoned R-1 -Single Family Residential and Two-Family Re sid ential/ Zo ned R-2 Two Family Re side nt ial East: School (Wilshire Park School) I Zoned ROS -Recreation I Open Space South: Sc hool (W il shire Park School) I Zoned ROS -Recreat ion I Open Space West : Low Densi t y Residential I Zoned R-1 -Si ngle Family Re side ntial Application Date: 60 Days : Letter Sent: 120 Days : 10-28-14 12-27 -14 N/A 02 -25 -15 89 90 November 25, 2014 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE 1. Background The Applicant's wish to construct a ground floor and basement addition onto their existing home located at 3635 Chelmsford Rd. The Applicants have indicated that the addition will be approximately 1,250 square feet and will be located on the eastern side of the home extending towards Wilshire Park Elementary School. The proposed addition will be flush with the current side (north and south) setbacks. The addition will be for the construction of a new master suite, great room and upper game room on the first floor, as well as a game room and family room in the basement. The existing home is located within the Rl Zoning District which requires a 30 foot front yard setback and side yard setbacks totaling 15 feet, of which at least one side must be at least 5 feet. The existing home is located 23.7 feet from the front property line, 6.2 feet from the south property line and 7.2 feet from the north property line. In this instance, the existing home is considered a "legal nonconforming structure" as it currently does not meet the required front yard setback and side yard setback requirements of the St . Anthony Village City Code . Minnesota Statutes Chapter §462 .357, Subd . le. Nonconformities states that (a) Except as otherwise provided by law, any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion ..... " 2 . Applicable Codes. Title XV Land Usage , Chapter 152 Zoning Code , Section §152.039 DIMENSIONAL REGULATIONS (WITHIN THE Rl DISTRICT) (E) Front Yard , states that "The front yard must have a depth equal to the greater of 30 feet or a distance equal to the average of the front yard depths of the two adjacent lots". Title XV Land Usage , Chapter 152 Zoning Code , Section §152.039 DIMENSIONAL REGULATIONS (WITHIN THE Rl DISTRICT) (F) Side Yards, states that "dwellings must have 2 side yards the combined width of which is at least 15 feet, and each side yard must be at least 5 feet wide. A side yard adjacent to a street must be at least 30 feet wide". Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that "An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33". 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152 .245 , (C) Evidence , lists the criteria the City Council must consider in determining whether to grant or deny a variance . The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The appl ication for a variance is necessary considering the existing home, as well as the proposed addition, is located closer to the side lot line than is allowed by the Zoning Code. Furthermore, the existing home as it currently sets is in violation of the required front setback criteria as outlined in the City Code . Virtually any improvement (enlargement) of the home would require the issuance of a variance. Criteria met. November 25, 2014 Page 3 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The property owners propose to make a significant addition to the existing home. The first floor and basement addition will nearly double the size of the existing home and nearly double the depth of the home along the side that does not conform to the side setback. The property is currently used as a single-family residential use and will continue to be used as such with the proposed addition. While the proposed use of the property is reasonable, the size and shape of the addition raises some questions. It appears that an addition could be made that would require a lesser variance, with less impact on the closest neighbor (to the north). No evidence has been provided to demonstrate that such a large addition, and one that continues the non-conforming side setback, is critical to the reasonable use of the property as a single family home, as opposed to a mere inconvenience. The expansion however, does meet all other provisions of the City Code, including lot area, floor area ratio, and impervious surface coverage. Criteria met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; The existing home, constructed in 1965, does not meet the setback requirements of the Rl District; therefore any addition (expansion) of the existing home requires the issuance of a variance. The property was platted decades ago, and the existing ordinance has been in effect well before the Applicants purchased the home. The need for the variance was not created by the property owner. As shown in Exhibit A: Location Map, the property is actually larger than most lots in the immediate vicinity. However, the width of the lot (80 feet) is slightly narrower than most other lots in the neighborhood (81-91 feet). This creates a unique situation in that the lot is narrower than similar properties in the vicinity. Further, the house was constructed in its current location prior to the requirements of the existing ordinance making it necessary for the owners to receive a variance for any addition to the home. Criteria met. c. The variance, if granted, will not alter the essential character of the locality; and The existing home was constructed in 1965 and is true to the style of that decade, as are majority of the homes within the immediate neighborhood. The proposed addition will be designed in a manner that maintains the overall character of the home and the locality. The only change to the front fa~ade of the home is a new eyebrow roof in the center of the first story. The new rear elevation appears to be consistent with the style and scale of the existing home and those in the immediate area . Criteria met. d. Economic considerations alone are not the basis of the practical difficulties. The basis for the practical difficulties is that the home is already 7 .2 feet from the side lot line and does not allow for expansion of the existing home in a way that would comply with the Zoning Code (no matter where the addition would occur). No other alternative for adding onto the home, regardless of economic impact to the property owners, would avoid having to apply for a variance (even one that was further from the side lot lines). It does not appear that economic considerations alone are the basis of the practical difficulties. Criteria met. 91 92 November 25, 2014 Page 4 3. The variance, if granted, would be consistent with the City's comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, single-family residential. The comprehensive plan guides this area for single -family use and the proposed addition will not alter that use . Criteria met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use . The zoning code is established to: a. Protect the use districts; The proposal would not change the use of the property or create a dis r uption to the Single-Family Residential District. The current use (and proposed use) as a single-family home is consistent with the City Code . Criteria met. b. Promote orderly development and redevelopment; The proposal seeks to make an improvement to the property by allowing the property owners to construct a first story and basement addition to their existing home. The proposed addition will not be detrimental to the neighboring property, nor will it encroach further into the required side yard setback . The proposal also includes the removal of a 7.4 foot wide impervious surface along the north property line, which is an improvement to the area. Criteria met. c. Provide adequate light, air, and access to property; The proposal would not negatively impact adequate light or air from reaching the property or adjacent properties. The proposed addition will be constructed on the east end of the existing home, and is one-story above ground . The proposed addition will not significantly encroach into the required side yard setback any more than existing conditions, however it will nearly double the length of the structure that is approximately 7 feet from the side lot line. This is not expected to negative ly impact the neighboring residence to the north as the rear wall of the neighbor's home does not extend as far east as the Applicant's existing home . Criteria met. d. Prevent congestion in the public streets; The proposal will have no impact on the amount of congestion in the public street. Criteria met. e. Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; Allowing the requested variance will not result in overcrowding of the land or an undue concentration of structures. The addition, while nearly doubling the square footage of the house, is not disproportionate to the area of the lot. Further, the addition will meet the he ight, massing {FAR), and lot coverage requirements of the Zoning Ordinance . The proposed addition will not significantly encroach into the required side yard setback any more than existing conditions. Criteria met. f Provide for compatibility of different land uses; The proposal will not result in a change of land use , nor will it conflict with adjacent land uses. Criteria met. November 25, 2014 Page 5 CONCLUSIONS The Applicant 's existing home is a legal non-conforming structure according to the Zoning Ordinance, which leaves no alternative but to obtain a variance for any addition (expansion) to the structure. Given the setbacks in the existing ordinance, the Applicant can add onto the home toward the rear property line and still meet the rear yard setback, but the side yard setback is the constraining factor. The Applicant's desire to improve their property by constructing a first story and basement addition to increase the living space for their family is reasonable, especially since the home was constructed in 1965 and the spatial needs of a family have changed over the past 50 years . However, staff questions the need for an addition that continues the approximately 7-foot side yard setback further eastward. There appear to be reasonable alternatives to the proposed configuration that would bring the north -face of the addition into compliance with the side yard setback (even though the rest of the home is non-confirming as it exists today). Staff recognizes that any addition to the existing home will require a variance given the fact that the existing home is a legal non -conforming structure . Staff also acknowledges that an addition to increase the living space of this home is reasonable. However, it is not clear that the extent of the variance requested (an additional 23 feet of building length along the existing non-conforming north side setback) is necessary to accomplish the Applicant's goal. There is a practical difficulty demonstrated by the fact that the lot was platted, and a home was constructed, in a manner that cannot be improved (enlarged) in any manner without the issuance of a variance . RECOMMENDED ACTION 1. Request Additional Information and Continue the Meeting. It appears that the Applicant has provided all of the required information for the City Council 's evaluation. Should the City Council request additional information from the Applicant, the City Council should continue the meeting until a later time. 2 . Approval (with or without conditions) of the Variances. In the event of a decision for approval (with or without conditions), the City Council may refer to Exhibit C and may modify the draft resolution for approval to i nclude any conditions that it deems necessary . 3. Denial of the Variance. In the event the City Council chooses denial of the requested variances, it should clearly state its reasons for the denial and direct staff to prepare a resolution . ATTACHMENTS Exhibit A: Exhibit B: Exh ibit C: Location map Application and Supporting Material Resolution 14-087; a resolution Approving a Variance from the Required Front and Side Yard Setbacks in Order to Construct a First Story and Basement Addition 7.1 feet from the Property Line Along the North Side of the Property located at 3635 Chelmsford Road. 93 94 3301 Silver Lake Road St. Anthony Village, Minnesota 55418 Office: (612) 782-3301 Fax: (612) 782 -3302 www.ci .saint-anthony.mn.us -For Office Use Only- Planning File Number Project Numbe r Appl ication Submittal Date Application Co mpleted Date Fee Paid Receipt Number Planning Commission Meeting Date Council Decision Council Decision Date /~~ °U'-'/lf t(p50 .DO 51Zlof '\-21:-lt LAND USE APPLICATION Address of Property Involved: ·~(., ~ S" L HF.t...MS"fC<t.u f-.r:>. Property ID Number: fXo -02-'l-'2..~ -ll -b 0 Q,5 Legal Description : Sovnt ~O £t . l.f +h!. f\off~ ?DO ft . of -fke wesf-l ~ 1.. fl . csf ~ t ~tl C\bO.~ "· ofkt Nc>d-k1-c...ct-~v~rt-~r l~<k .(o.fo\"Jf\J;e 1.,\ ,~t-dt' 1-3 ffe.t-ft.·LD - Applicant Information Applicant Name : Go"''() e.o.. ~~-e.. t> °'-t" ~ '1-t t'll• J~ I u\ ~ Applicant Address : l.!>l 0 7.,, 0\ \of\ M<. f.A.l> r' cJ ~ \$ "'-' "-~ 1 Go\J~ "-\JtJ ~e J , ~ f\I SS" 4-'J.-l- Applicant Telephone Number: '1h5-4:3 L -fSOt> Other: lo l ?-...-4-2-3-0 \ ++ Applicant Fax Number 7 G )--4-'3 ~ -4-fi 6l Applicant Email Address: V\"-i \.c-~ @ c~~tf\de.&.."('e.f\l'od e.Jt I\.~· USfV' Property Information Property Owner (if different from above) :_b.....,...A,,_-.J..........::L=J....__,r._'_16-""-~..:...l__.__(V\....:...~..;:_____;.~.,..o::.......;._\ ,_t'\'-'\--'C-l~'------------­ Owne r Address: 3G 3 s Lh eJ MSl<) ( d. (l...cl. Owner Telephone Number: (o I :Z-~ ( D-'] '3 q 1 OwnerEmailAddress :~ly'll\'{_~D( f\ 1cl:..@ ~ VVIO..; \.Loy{\ Type of Request (Check All that Apply) O Appeal ($100 fee) 0 Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3 ,500 escrow if commercial/industrial) 0 Conditional Use Permit (CUP) ($200 fee+ $450 escrow if residential; $850 escrow if commercial/industrial) 0 Easement Vacation ($200 fee+ $500 escrow) 0 Preliminary Plat ($500 fee+ $500 escrow) 0 Final Plat ($500 fee+ $500 escrow) 0 Minor Subdivision/Lot Split ($250 fee+ $1,250 escrow) 0 Planned Unit Development (PUD) ($750 fee+ $2,500 escrow) 0 Rezoning ($500 fee + $750 escrow) 0 Zoning Text Amendment ($500 fee + $750 escrow) 0 Site Plan ($250 fee + $450 escrow) ~Variance ($200 fee + $450 escrow if residential; $850 escrow if commercial/industrial) Our Miss ion is to he a progressive and livable co1m111111ity, a walkable village, which is s11stai11ahle, safe nud secure. •; Description of the Request (OR a separate detailed narrative ex plaining the project): ,....- ' ~£ f (lOJfC\ I N<-1.-u Dl:S A 0 0 \Nb (I~, ~tit+. T6 ~ '1..'l.l( ra Fr. fdt>Tf(t 1NI 95 TH 'E t-.. 1> ~ \ T1<s>N 'No~ O 'CO..A M ~o IS' Jb I\\ E ~FA It Cf 1\.t t" I{ 6Yv\ f . \ T \.~ t LI\... G' J; C&tJ 'V f f-11 t»t.> l 1NlT\'l l."(i }l'BtNG Jtft\1 ~ti.TCW~~ Tut f>i.lf't1~ TI<t-LL>\ .. TH-eCLx: S-Ct 1.A.i' c~~ v~ w l\H \N-f I \,.L Filing and Information Requirements The City requests that you make a pre-application meeting with the City Planner to discuss the applicat'ion process, requirements, and deadlines . Unless waived by the City Planner or Planning Commission, a certified survey of the property is required for all applications. A checklist with additional requirements can be found at www.ci.saint- anthony.mn.us. Incomplete Applications and Submission Deadline A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the meeting of the Planning Commission or City Council meeting at which the request will be heard . Subm ission of an incomp lete application may delay the processing of your land use request. The application approval time commences and an application is considered officially filed when the City Planner has received and examined the application and determined that the application is complete . A decision on whether the application is complete or incomplete shall be made within fifteen (15) working days following the submittal of the application . When the application is deemed to be "complete" it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required public notices have been sent and published . Upon submission of a complete application, state statute requires that a decision be issued within 60 days regarding each request ; however, a 60-day extension may be obtained if more time is needed. Notice of Meeting Attendance In order for the Planning Commission and the City Council to consider any application, the applicant or a designated representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available agenda . Agenda Deadline and Meeting Schedule Planning Commission meetings are typically held on the fourth Monday of every month at 7:00 p.m ., while City Council meetings are held typically the second and fourth Tuesday of every month at 7 :00 p.m . Meeting dates and times are subject to change so please contact City Hall to verify the meeting date and time . All meetings are held at the St. Anthony Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless otherwise stated . Applications are advised that additional meetings and/or workshops are scheduled when necessary. ·96 . Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Applicatlon and fully understand that I am responsible for all costs Incurred by the City related to the processing of this application. If additional fees are required to cover costs Incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees . Such expenses may include {but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, malling, and supplies. Applicants are advised that an escrow deposit Is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful Implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. ~ """ \0) 2-8) 1-0\ 4 Date ~ ~ -~,.........:? , 6.bN 'I c11 116\-1.\ F { t.<""'" "''"" \ b/?.!ir/ -z.o 1 + Ml c..t-\.,4. l::L ~ H~'\" Applicant Signature {If different than the property owner) Date Please contact the City Planner at 763-287-8521 or planner@cl.salnt-anthony.mn .us If you have any questions regarding this application . May 2013 NOTICE OF A PUBLIC HEARING Notice is hereby given that on November 24, 2014, 7:00 p.m. at .City Hall , 3301 Silver Lake Road, the Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a request from David and Jaime Bolnick for a variance from the required front yard and side yard setbacks to construct a first story and basement addition to the existing home located at 3635 Chelmsford Road . The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on December 9, 2014, 7:00 p.m . at City Hall. Those persons having an interest in said meeti ngs are encouraged to attend. Oral testimony will be accepted on the above subject at this meeti ng. Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the hearing . Questions may be directed to the City Planner at 763-287-8521 . The application, related to this public hearing, can be viewed online at www.saint-anthonv.mn.us as part of the current Planning Commission agenda . Kelsey Johnson, AICP City Planner 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 e www.ci.saint-anthony.mn.us •(612 ) 782-3301 Fa x (612) 782-3302 Our mission is to be a progressive and livable community, a walkable vill age which is s u stainable , safe and secure. 97 lilei E .. ic--, I....._ look 1:1<19 -----~---CJl>n>pa<y--c... ~ '....._c ... neyP-ylnt e . . . • + Uok• ~ f1'W OCtbQMt 1mag1rv U.ffM maM. SWYtr tlorumtof·' ?ID: 0602923110005 3635 Clleimllonl Rd St Altllony, MN 55418 ~ -Boilld<EIN OM) llOlHCK .JA&E llOl.NCK 3635 CHEUISfORD RO ST. llNTHOHY I.IN 5~11 lUllimld Sdlom WOt 2e2 Sewerotst w.a.-..llbt -o 35aau 15.JeOsqt _..06(12923 saoF1aNJOOF1a -&-t: :,'o':i~C:::Oe.. ROIG lllxDle~:I0141 ,__ S2llO,Clllll TOCOl'IU: S4.~n..a Pl-Tf\li: R .. ldtflllal HnR-...-HOmu1tao LtQeOG Mt HI.de G O N Y E A H O M E S & R E M O D E L I N G CITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 14-087 RESOLUTION APPROVING A VARIANCE FROM THE REQUIRED FRONT AND SIDE YARD SETBACKS IN ORDER TO CONSTRUCT A FIRST STORY AND BASEMENT ADDITION 7.1-FEET FROM THE PROPERTY LINE ALONG THE NORTH SIDE OF THE PROPERTY LOCATED AT 3635 CHELMSFORD ROAD WHEREAS, the City of St. Anthony Village received a request from the Applicant Gonyea Home and Remodeling on behalf of the Property Owners David and Jaime Bolnick for a variance from the front and side yard setbacks to allow for the construction of a fir st story and basement addition on the property located at 3635 Chelmsford Road (PIO 00602923110005) on October 28 , 2014, legally described as follows : South 80 ft. of the north 300 ft. of the west 192 ft. of the east 960.6 ft. of the Northeast Quarter of Sec. 6, Township 29 , Range 23 , Hennepin County WHEREAS, the property located at 3635 Chelmsford Road is located within the City's RI Zoning District; and WHEREAS, a 15-foot combined side yard setback is required within the RI Zoning District; and WHEREAS, a 30-foot front yard setback is required within the RI Zoning District; and WHEREAS, the existing home is located 23.7-feet from the west (front) property line and 7.2 feet from the north (side) property line; and WHEREAS, the Applicant has requested a 1.6-foot variance from the side yard setback and a 6.3-foot variance from the front yard setback to allow for the construction of a first story and basement addition to be constructed on an existing home located 7.1-feet from the north (side) property line; and WHEREAS, the Planning Commission acting as the Board of Adjustments and Appeals, reviewed and considered the request based on the related documents shown in the Applicant's application in a public hearing at their regular meeting on November 24, 2014 ; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant's variance request based on the following findings: 1. The requested variance is consistent with all the standards for granting a variance as described in Section § 152.245 of the St. Anthony Village Zoning Code. More specifically, the City Council finds that the requested variance is justified for the following reasons: a. The property owner proposes to use the property in a reasonable manner. b. The existing home is currently 23.7 feet from the front (west) property line and 7.2 feet from the side (north) property line, rendering it a legal nonconforming 103 104 s tructure. Therefore, there is no way the home could be expanded (in a ny direction) and adhere to the C ity's Zoning Code. c. Allowing the proposed firs t story and basement addition will ha ve no impact on the essential character of the loca lity. d . The basis for the practical difficulties is that the home is already constru cted 23.7 feet from the front and 7.2 feet from the side lot line and does not allow for an expansion to the existing home to be constructed in a way that would comply with the Zoning Code. e. If the variance is g ra nted the use of the pro perty would remain the same land use as it is today. The comprehensive plan guides thi s area for s in gle family use a nd adding the basement and first story addition will n ot alter that use. f. The proposal would not change the u se of the property o r create a d isru pti o n to the Single-Family Res id ential Di stri ct. The current use as a s in gle-family home is consistent with the C it y Code. g. The proposal seeks t o ma ke a n improvement to the property by a ll owing the property owners to make use of the existing home. The proposed first story and basement addition is proposed in an area that would not be detrimental to the neighboring property. h. The proposal would not negativel y impact adequate li ght or air fro m reaching the property or adjacent properties. 1. Al lowing the variance is in harmo ny with the general purposes and intent of the City's Code rel atin g to preventin g con gesti o n in public street s. The project wi ll have no impact on congestion. J. Allowing the requested variance w ill not result in overcrowding of the land or an undue concentration of stru ctures. The fir st s to ry and basement add it io n will not impact the a mou nt of impe rvious s ur face o n the property. k. Allowing the variance is in harm o ny with the general purposes and intent of the C ity's Code to provide for compatibility of different land uses. The project will have no impact on land u se com patibility. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Counci l's a pproval of the requested variance is contingent o n the fo ll owin g: I . The Appli ca nt sha ll obta in all necessary p erm its and approvals prior to beginni ng cons tru ction. 2 . This variance s hall expire o ne (I) year from th e date of th e resolution ift he construction of the partial second story and front stoop does not commence. City Coun c il approval s ha ll be requ ired for a n extension. Adopted this 9th day of December, 2014. ATTEST: _________ _ Barbara J. Suciu, City Clerk Reviewed for administration: 105 Jerome 0. Faust, Mayor Mark Casey, City Manager 36 3 5  Ch e l m s f o r d  Ro a d Va r i a n c e  Re q u e s t s Ci t y  Co u n c i l   Me e t i n g De c e m b e r  9,  20 1 4 36 3 5  Ch e l m s f o r d  Rd . • Ge n e r a l  In f o r m a t i o n Ap p l i c a n t s  / Ow n e r s : Go n y e a H o m e  an d  Re m o d e l i n g / D a v i d  & Ja m i e  Bolnick Lo c a t i o n : 36 3 5  Ch e l m s f o r d  Rd . Ex i s t i n g  La n d  Us e   Lo w ‐de n s i t y  re s i d e n t i a l  / Zo n e d  R ‐1 ‐ Si n g l e ‐family   / Zo n i n g : Su r r o u n d i n g  La n d  Us e / Zo n i n g :   No r t h :   Lo w ‐de n s i t y  re s i d e n t i a l  / Zo n e d  R1  and   Tw o ‐Fa m i l y  re s i d e n t i a l  / Zo n e d  R2 Ea s t : Sc h o o l  (W i l s h i r e  Pa r k )  / Zo n e d  RO S So u t h : Sc h o o l  (W i l s h i r e  Pa r k )  / Zo n e d  RO S We s t : Lo w ‐de n s i t y  re s i d e n t i a l  / Zo n e d  R1 Se t b a c k  7. 4 ’ ‐7. 1 ’ 36 3 5  Ch e l m s f o r d  Rd . 36 3 5  Ch e l m s f o r d  Rd . • Ov e r v i e w   – Pr o p o s i n g  to  co n s t r u c t  a  gr o u n d  fl o o r  an d  ba s e m e n t   ad d i t i o n   – Ex i s t i n g  ho m e  is  cu r r e n t l y  23 . 7 ‐fe e t  fr o m  th e  front   pr o p e r t y  li n e  (w e s t )  an d  7. 2 ‐fe e t  fr o m  th e  si d e   pr o p e r t y  li n e  (n o r t h )   – Co d e  re q u i r e s  30 ‐fo o t  fr o n t  se t b a c k  an d  si d e  setbacks   to t a l i n g  15  fe e t  (c u r r e n t  = 13 . 4  fe e t ) – Ex i s t i n g  ho m e  is  a  no n c o n f o r m i n g  st r u c t u r e – An y  ex p a n s i o n  re q u i r e s  th e  is s u a n c e  of  a  va r i a n c e 36 3 5  Ch e l m s f o r d  Rd . • Va r i a n c e   Cr i t e r i a  Re v i e w – Th e  su b j e c t  ma t t e r  of  th e  ap p l i c a t i o n  is  within  the   sc o p e  of  th e  va r i a n c e  pr o c e s s – Th e  pr o p e r t y  ow n e r s  pr o p o s e  to  us e  th e  property   in  a  re a s o n a b l e  ma n n e r .   • Si z e  of  th e  pr o p o s e d  ad d i t i o n  an d  it s  lo c a t i o n  within   th e  re q u i r e d  si d e  ya r d  se t b a c k  is  an  is s u e 36 3 5  Ch e l m s f o r d  Rd . • Va r i a n c e   Cr i t e r i a  Re v i e w – Ex i s t i n g  ho m e  is  lo c a t e d  7. 2 ‐fe e t  fr o m  th e  north   pr o p e r t y  li n e  an d  is  co n s i d e r e d  a  “l e g a l   no n c o n f o r m i n g  st r u c t u r e ” .    – An y  ex p a n s i o n  re q u i r e s  th e  is s u a n c e  of  a  variance – Al l o w i n g  th e  ad d i t i o n  is  no t  pe r c e i v e d  to  have  a   vi s u a l  im p a c t  on  th e  es s e n t i a l  ch a r a c t e r  of  the   ne i g h b o r h o o d 36 3 5  Ch e l m s f o r d  Rd . • Va r i a n c e   Cr i t e r i a  Re v i e w – Ec o n o m i c  co n s i d e r a t i o n s  ar e  no t  th e  so l e  basis  of   th e  pr a c t i c a l  di f f i c u l t i e s – Th e  va r i a n c e  is  co n s i s t e n t  wi t h  th e  Ci t y ’ s   Co m p r e h e n s i v e  Pl a n .    Th e  pr o p e r t y  is  gu i d e d  for   si n g l e  fa m i l y  us e .    Th i s  wi l l  no t  ch a n g e . 36 3 5  Ch e l m s f o r d  Rd . • Va r i a n c e   Cr i t e r i a  Re v i e w – Th e  va r i a n c e  is  in  ha r m o n y  wi t h  th e  in t e n t  of  the   Zo n i n g  Co d e • Th e  us e  as  a  si n g l e  fa m i l y  ho m e  wi l l  re m a i n • Th e  pr o p o s a l  se e k s  to  im p r o v e  th e  pr o p e r t y • Th e  pr o p o s a l  wi l l  no t  ne g a t i v e l y  im p a c t  ad e q u a t e  li g h t  or  air  from   re a c h i n g  th e  pr o p e r t y  or  ad j a c e n t  pr o p e r t y ;  ag a i n ,  th e  location  of   th e  ad d i t i o n  wi t h i n  th e  si d e  ya r d  se t b a c k  is  an  is s u e • Th e  pr o p o s a l  wi l l  ha v e  no  im p a c t  on  co n g e s t i o n  in  th e  public  street • Th e  pr o p o s a l  wi l l  no t  re s u l t  in  ov e r c r o w d i n g  of  th e  la n d • Th e  pr o p o s a l  wi l l  no t  co n f l i c t  wi t h  ad j a c e n t  la n d  us e s 36 3 5  Ch e l m s f o r d  Rd • Re c o m m e n d a t i o n St a f f  re c o m m e n d s  ap p r o v a l  of  th e  va r i a n c e  fr o m  th e  required   si d e  ya r d  an d  fr o n t  ya r d  se t b a c k s  in  or d e r  to  co n s t r u c t  a  first   st o r y  an d  ba s e m e n t  ad d i t i o n  to  th e  ex i s t i n g  ho m e  lo c a t e d  at   36 3 5  Ch e l m s f o r d  Rd  su b j e c t  to  th e  fi n d i n g s  an d  co n d i t i o n s   ou t l i n e d  in  Ex h i b i t  D. 36 3 5  Ch e l m s f o r d  Rd . Qu e s t i o n s ? MEMORANDUM To: From: Date: WSB Project No. Request: OVERVIEW Honorable Mayor and City Council Members Mark Casey, City Manager Kelsey Johnson, AICP, City Planner November 25, 2014 City Council Regular Meeting for December 9, 2014 02170-090 An Amendment to Chapter 155 of the Saint Anthony Village City Code Relating to Dynamic Display Signage It is beneficial to review sections of the City Code on a regular basis in order to identify potential issues before they are found through a request or land use application. In addition, it ensures that the City Code is reflective of what is desired for the community. Dynamic display signs are currently permitted in the ROS -Recreation Open Space Zoning Districts only. These types of signs are prohibited in all other locations throughout the City. In 2008, the Sign Code was reviewed and updated based on the findings, purpose and intent and effects outlined in the current Chapter 155 of the City Code. Over the past several years, the Planning Commission and City Council have reviewed requests to allow dynamic display signs in a variety of zoning districts. At the July 8, 2014 regular meeting of the City Council , the Council directed staff to study allowing dynamic display signs throughout the community. Staff prepared a DRAFT amendment to the Sign Code relating to Dynamic Display Signs and held two work sessions with the Planning Commission to review and discuss the proposed language on August 25, 2014 and September 22, 2014 and two additional work sessions with the City Council on September 30, 2014 and November 3, 2014. The Planning Commission held a public hearing on November 24, 2014 and recommended approval of the Dynamic Display Signage Ordinance with a vote of 4-1. 107 108 CITY OF SAINT ANTHONY VILLAGE ST A TE OF MINNESOTA ORDINANCE NO. 2014-07 AN ORDINANCE AMENDING SECTIONS § 155 SIGNS The City Council of the City of Saint Anthony Village ordains as follows: Sect ion One. Amendment to the City of Saint Anthony Village City Code Sections §33.018, 33.036 and §33.090 of the City Code of the C ity of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethro1:1gh text. The additional language is represented by italics text. § 155.02 FINDINGS, PURPOSE, AND EFFECT. (A) Findings. The City Council hereby finds as follows: (1) Exterior signs have a substantial impact on the character and quality of the environment. (2) Signs provide an important medium through which individuals may convey a variety of messages. (3) Signs can create traffic ha zards, aesthetic concerns and detriments to property values, thereby threatening the public health , safety and welfare. (4) The city's code of ordinances have , since as early as 1983 , established standards which would permit businesses in the city a reasonable and equitable opportunity to identify them se lves. The regulation of signs is an effort to provide adequate means of expression and to promote the economic viability of the business community. (5) To preserve and promote civic beauty and protect the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. (6) To preserve and protect the value ofland and buildings, and to preserve and protect landscapes. (B) Purpo se and intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this chapter to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of thi s chapter is to: (1) Regulate the number, location, size, type, illumination and other physical characteristics of s igns within the city in order to promote the public health, safety and welfare. (2) Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community . (3) Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city 's goals of public safety and aesthetics. ( 4) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the city. (C) Effect. A sign may be erected , mounted , displayed or maintained in the city if it is in conformance with the provisions of the se regulations . The effect of this sign ordinance, as more specifically set forth herein, is to: (1) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zoning districts, subject to the standards set forth in this sign ordinance. (2) Allow certain small , unobtrusive signs incidental to the principal use of a site in all zoning districts when in compliance with the requirements of this sign ordinance. (3 ) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. (4) Provide for the enforcement of the provisions of this sign ordinance. (Ord. 08 -002, passed 4-22-2008) § 155.03 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED SIGN. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of 1 year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of 1 year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned . Signs which are present because of being legally established non-conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of ABANDONED SIGN. 109 110 ANIMATED SIGN. A sign ·.vhich includes action or motion. A sign that features moving parts, motion, action, or electronically controlled changeable message , either illuminated or not illuminated. AWNING SIGN. A building sign or graphic printed on or in some fashion attached directly to the awning material. AWNING. A roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an AWNING. BALLOON SIGN. A sign consisting of a bag made of lightweight material supported by helium , hot, or pressurized air which is greater than 24 inches in diameter. BILLBOARD. A sign which directs attention to a business , community service or entertainment not exclusively related to the premises where such sign is located (See definition of ON PREMISES MESSAGES). BUILDING SIGN. Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. BUSINESS FRONTAGE. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business . CABINET SIGN. Any box style or enclosed wall sign that is not of channel or individually mounted letter construction. CANOPY SIGN. Any sign that is part of or attached to a canopy and is based on business frontage . CANOPY. A permanent roof structure attached to and supported by the building. CHANGEABLE COPY SIGN. A sign, or a portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. CHANGEABLE COPY SIGNS do not include non-electric copy, or signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period. COMMERCIAL SPEECH. Speech ad vertising a business, profession, commodity, service or entertainment. DIRECTIONAL SIGN. An on-premises sign designed to guide or direct pedestrian or vehicular traffic and a surface area not greater than 5 square feet. DYNAMIC DISPLAY SIGNS. A sign that appears to have mo vement or that appears to change, caused by any method other than physically removing and replacing the sign or its components. This includes any display that incorporates a method or technology that allows the image on the sign face to change without physically or mechanically replacing the sign face or its components. This also includes signs containing parts that rotate, revolve, move , flash, blink, utilize Light Emitting Diodes (LED) or Liquid Crystal Display (LCD) lights, digital ink, or any other technology that allows the sign to display a series of images or displays. ELECTRIC SIGN. Any sign containing electric wiring but not including signs illuminated by an exterior light source. ELECTRONIC MESSAGE SIGN. Any sign that displays a message electronically through the use of pixel-based technology, such as but not limited to light emitting diodes (LED's), liquid crystal, etc. ELEVATION AREA. The area of all walls that face any lot line. ELEVATION. The view of the side, front, or rear of a given structure(s). FLAG. Any fabric or similar lightweight material attac hed at one end of the material , usually to a staff or pole , so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. FLASHING SIGN. A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting which resembles zooming, twinkling, or sparkling. FREESTANDING SIGN. Any sign which has supporting framework that is placed on, or anchored in , the ground and which is independent from any building or other structure. FRONTAGE. The line of contact of a property with the public right-of-way. GRADE. Grade shall be construed to be the final ground elevation after construction. Earth mounding or berming criteria for landscaping and screening are not part of the final grade for sign height computation. GROUND SIGN. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign, that has no visibility between the bottom of the sign and the base on which it is attached , and which has a total height not exceeding 8 feet, with landscaping to enhance the appearance of the signage. 111 112 HEIGHT OF SIGN. The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. IDENTIFICATION SIGN. A sign which is a non-commercial sign but is limited to the name, address, and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. ILLUMINATED SIGN. A sign designed to give forth any artificial or reflected light, either directly from a source connected with the sign or indirectly from an artificial source, so shielded that no direct illumination from it is visible e xcept on the sign and in its immediate proximity. INTERIOR SIGN. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building. ISSUING AUTHORITY. The City Manager or designee. LEGALLY ESTABLISHED NON-CONFORMING SIGN. Any sign and its support structure lawfully erected prior to the effective date of this chapter which fails to conform to the requirements of this chapter. A sign which was erected in accordance with a variance granted prior to the adoption of this chapter and which does not comply with this chapter shall be deemed to be a legal non-conforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. MAJOR ANCHOR. A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. MARQUEE SIGN. Any building sign painted, mounted, constructed or attached in any manner, on a marquee or made part of a marquee. MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. MONUMENT SIGN. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding 8 feet. MOTION SIGN. Any sign which revolves or rotates, has moving parts, has changing messages, or displays a shimmering effect. Included in this category are searchlights used for advertisement. MULTIPLE TENANT SITE. Any site which has more than 1 tenant, and each tenant has a separate ground level exterior public entrance . NON-COMMERCIAL SPEECH. Dissemination of messages not classified as COMMERCIAL SPEECH which include, but are not limited to , messages concerning political, religious, social , ideological, public service and informational topics. OFF-PREMISE SIGN. A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located . For purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premise sign. ON-PREMISE MESSAGES. Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign is installed. PARAPET (WALL). That portion of building wall that rises above the roof level. PEDESTAL. A foundation or base of a ground or monument sign which either directly supports the signage or completely screens the supporting members of the sign. PERSON. An individual, firm, association, organization, partnership, trust, or corporation. PORTABLE SIGN. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. PRINCIPAL BUILDING. The building in which the principal primary use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages , and other clearly accessory uses shall not be considered principal buildings . PROFESSIONAL BUILDING. Any multi-story building of 50,000 square feet or more occupied by professional , service-oriented businesses, such as legal clinical or health care-related retail or service establishments with parking provided on the tract of land for use in common by patrons and occupants. PROJECTING SIGN. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than 15 inches beyond the surface or such building or wall face. PROPERTY OWNER. Legal owner of property as officially recorded by Hennepin or Ramsey County. PUBLIC NOTICES. Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. PUBLIC STREET RIGHT-OF-WAY. The planned right-of-way for a public street. 113 114 PYLON SIGN. Any freestanding sign which has its supportive structure(s) anchored in the ground, independent of any structure or object, and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. R EA D E RBOA RD S IGN. Any sign hav ing a message not permanently affixed to the sign face, and the copy is manually changed. RESIDENTIAL DISTRICT. Any district zoned for residential uses. ROOF LINE. The upper-most edge of the roof or in the case of an extended facade or parapet, the upper-most height of said facade or parapet. ROOF SIGN. A sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building. ROOF. The exterior surface and it supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Minnesota State Building Code. ROTATING SIGN. A sign or portion of a sign which turns about on an axis. SETBACK, FRONT. The minimum horizontal distance permitted between the public right-of-way and a structure on the premises. In instances in which a property fronts on more than I street, front setbacks are required on all street frontages. SETBACK, REAR. The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises. SETBACK, SIDE. The minimum horizontal distance permitted between the side lot line and a structure on the premises. SHIMMERING SIGNS. A sign which reflects an oscillating and /or sometimes distorted visual image. SHOPPING CENTER. Any SHOPPING CENTER as defined in § 152.124. SIGN STRUCTURE. Any structure including the pedestal, base, supports, uprights, bracing and framework which supports or is capable of supporting any sign. SIGN SURF ACE AREA. The area in square feet of the sign including both sides upon, against, or through which the message of the sign is exhibited. SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation m the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. SITE. A plot or parcel of land, or combination of contiguous lots or parcels of land , which are intended, designated, and/or approved to function as an integrated unit. STREET. A public highway, road, alley or thoroughfare. STRINGER. A line of string, rope , cording, or an equivalent to which is attached a number of pennants . STRIP MALL. Any group of four or more occupant retail or service establishments on one or more contiguous tracts ofland in single ownership, compromising 7 ,500 to 75,000 square feet of floor area with parking provi ded on the tract or tracts of land for use in common by patrons. SUSPENDED SIGN. Any building sign that is s uspended from the underside of a horizontal plane surface and is connected to this surface. TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. TOTAL SITE SIGNAGE. The maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. · VISIBLE. Capable of bein g seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL SIGN. A flat sign which does not extend more than 18 inches from the face or wall of the building upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. WALL. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of 60 degrees or greater with the horizontal plane. WINDOW SIGN. Any s ign , pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. (Ord . 08-002, passed 4-22-2008) 115 116 REQUIREMENTS AND REGULATIONS § 155.20 APPLICATION OF CHAPTER. (A) Conformity. No sign may be erected, placed, altered or moved unless in conformity with this chapter. (B) Other code provisions. Nothing in this chapter may be taken to relieve any person from complying with the provisions of any other chapter of this code of ordinances. (Ord. 08-002 , passed 4-22-2008) § 155.21 GENERAL REQUIREMENTS. (A) Sign permit not required. The changing of the advertising message of a painted or printed sign, theater marquee or a changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this chapter and any other applicable law or section of this code. (B) Hazard and hazardous signs. (1) No sign may by reason of its location, color, or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. (2) No sign may contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. (3) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal shall be deemed hazardous. (C) Framework of signs. (I) When possible, the framework for the lateral support of a sign must be contained within the sign's body or within the structure of the building to which it is attached so as not to be visible. (2) The area within the framework of a sign shall be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute sign face, and if such letters or graph ics be mounted directly on a wall , fascia or awning or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending 6 inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. (3) Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags , pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings or free-standing structures are considered a sign and are included in calculating the overall square footage. (D) Placement of signs. No sign, or attachment to it , may be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof. (E) Maintenance. All signs, together with all of their supports, braces, guys and anchors, must be kept neatly painted and posted. Every sign must be maintained by the owner or person in charge of the sign in a clean, safe, sanitary, and inoffensive condition and free of litter, rubbish, and weeds . (F) Inspections. All signs for which a permit is required may be inspected by the City Manager, and a permanent record , including photographs, may be maintained. The City Manager or the City Manager's designated representative may, after notice to the owner, enter upon any property to ascertain whether the provisions of this chapter are being complied with. The City Manager may order the removal of any sign that is not maintained in accordance with this chapter. In addition, the following inspections will be made: (1) All signs requiring footings must be inspected to insure that suitable footings as determined by the City Building Inspector in accordance with appropriate building codes have been used. Footing inspections will be required for all ground signs and pylon signs before these signs are installed. (2) Electrical signs must be installed in accordance with the current electrical code and a separate permit from the building official must be obtained prior to installation. Inspections will be required for any electric sign. (G) Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. All external illumination for signs shall have a shielded light so urce. Any sign illuminated and located within 200 feet of a lot line of a residence shal l be diffused or indirect so as not to reflect rays of li ght into adjacent residences or a street and shall not be illuminated between 1 O:OOpm and 6:00am; provided, however, such signs may be illuminated at any time when the use identified by the sign is open for business, unle ss otherwise determined by th e City Council through the Conditional Use Permit process. (Ord. 08-002 , passed 4-22-2008) Penalty, see § 10.99 § 155.22 PROHIBITED SIGNS. (A) In addition to the signs listed below, signs that are not specifically permitted in this chapter are hereby prohibited. 117 118 (B) Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically unauthorized and therefore prohibited: (1) Balcony signs. Balcony signs and signs mounted or supported on a balcony; (2) Obstructing signs. Any sign that obstructs any part of a doorway or fire escape; (3) Exterior signs. Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from exterior of the building, which by reason of position, shape, co lor, or any other characteristic would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety hazard; (4) Signs within the public right-of way or public easement; (5) Whirling devices; (6) Signs on glass doors. Signs on glass doors which have a total sign surface area exceeding 20% of the glass area of the door; (7) Signs near lots. Signs other than wall signs which have any surface area or structural member closer than 10 feet to a side lot line; (8) Signs near property lines. Signs which project beyond the property line of the property upon which the sign is located; (9) Signs near roofs. Signs projecting more than 5 feet above the roof line of the structure to which it is affixed; (10) Advertising signs. Signs intended to be for the purpose of advertising in R-1 , R-lA, R-2 , R-3 and R4 districts, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building; (11) Signs on walls. Wall signs having a sign surface area exceeding 15% of the area of the wall surface to which it is affixed; (12) Projecting signs. Signs constructed so that the message or communication is not flat against the sign structure; (13) Signs affixed to utility poles and fences. Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers, fences or similar public structures; (14) Emitting signs. Signs which emit sound, odor or visible matter; (15) Animated signs; (16) Flashing signs. Flashing signs except any portion giving time, temperature or weather: (I 7) Signs allached to a vehicle . Vehicles with incorporated or attached signage parked primarily for use as a sign shall not be parked in any zone for more than 72 hours; ( 18) Billboards; (I 9) Signs on bus shelters . All types of signs exct;pt for bus schedules and identification information; (20) Elee/renie messflg<! sigt~s . Electronic message or changeable copy s igns except public service signs in the Recreational Open Space District located on property that is ovrned by the city or Independent School District No . 282; (2 l) !nf!etab!e sif;11s :1 (2+0) Off-premise signs; and (22 1) Portable signs. (22 ) Video display signs. (23) Fluorescent tuhes. neo11. (;nd.fiher oplic light sources. (Ord . 08-002, passed 4-22-2008) Penalty, see§ 10.99 § 155.23 SIGNS REQUIRING NO PERMITS. The following signs shall not require a permit, if they meet all other requirements of this chapter. These exemptions, however, shalJ not be construed as relieving the owner of the s ign from the responsibility of its erection and maintenance, and its compliance with the provisions of this chapter or any oth er law or ordinance regulating the same . (A) Changing display swface. The changing of the display surface on a painted or printed sign only. This exemption , however, shall app ly only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. (B) Signs 6 square feet or less in s iz e. (C) Window signs. Temporary or permanent window signs duly authori zed by zoning and other laws of this city, provided that all such signs on a frontage shall not have a total sign 119 120 s urface area greater than 50% of the glass area , excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a hori zontal line which is 5 feet above the interior floor of the commercial establishment. Merchandise di s plays in windows shall not be considered a part of the s ign area if such di splay is not intended to be continued for a period of more than 8 weeks. (D) Signs affixed on benches at public bus stops. (E) Replacement of existing commercial identification signs. A commercial identification sign designed to replace an existing commercial identification sign which lawfully exists under this code, so long as the new s ign has the same dimensions and is in the same location as the existing sign, and is not prohibited s ign under§ 155.22. (F) No n-commercial signs exemption. All non-commercial signs of any size may be posted in any number from 46 days before the state primary in a state general election year until I 0 days following the state general election. For local elections, which are us uall y h eld on the first Tuesday after the first Monday in November of odd-numbered years, all non -commercial signs of any size may be posted for 4 weeks prior to a local election until 5 days following the local election. These exempted non-commercial signs are not allowed to be place d within 10 feet from the curb and 10 feet from the property lines . If these signs are placed in violation of these setbacks, they will be removed by the City Code Inspector. (Ord . 08-002, passed 4-22-2008; Am. Ord. 10-001 , passed 4-13-2010) § 155.24 SIGNS REQUIRING PERMITS. Permits required. No sign shall be erected , constructed, altered, reconstructed, maintained or moved in the city without first securing a permit from the city, other than those described in § 155.23 . The content of the sign shall not be re viewed or considered in determining whether to approve or deny a sign permit. (Ord. 08 -002, passed 4-22-2008) Penalty, see§ I 0.99 § 155.25 PERMITS; APPLICATION; FEES. (A) Permit fees. A s ign permit fee must be paid in accordance with§ 33.061. (B) Application for a permit. Application for a permit shall be in writing on forms provided by the city and must be accompanied by a sign permit fee. The application shall contai n the following information: (1) Names and addresse s of the owners of the display structure and property ; (2) T he address at wh ich any signs are to be erected or modified ; (3) The lot, block and addition at which th e signs are to be erected and the street on which they are to front; ( 4) A complete set of plans showing the necessary elevations, distances , dimensions to fully and clearly represent the construction and the placement of the signs, including dimensions of the wall surface of the building to which it is to be attached and linear footage of the right-of-way frontage of the building; (5) The cost of the sign; (6) Type of sign (i.e. wall sign, monument sign) and ifthe sign is to be illuminated , the technical means by which this is to be accomplished; (7) Certification by applicant indicating the application complies with all requirements of the sign ordinance ; (8) If the proposed sign is along a county road or state trunk highway, the application shall be accompanied by proof that the applicant has obtained a permit from the county or state for the sign; (9) Where a shopping center comprehensive sign plan is proposed, the plan must include the location, size, height, color lighting and orientation of all signs ; and (10) When a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, grade level , dimensions of the berm , size , color, lighting and hours of illumination. (C) Permit issuance. (1) Each application must be reviewed for compliance by the City Manager or designee. (2) If the proposed sign complies with this chapter, a permit will be issued within 30 days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within 1 year of issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. (Ord. 08-002 , passed 4-22-2008) Penalty, see § 10.99 § 155.26 SHOPPING CENTERS AND THE LIKE; PLAN REQUIRED. Shopping centers/strip mall/ professional building comprehensive sign plan. (A) A comprehensive sign plan must be provided for the whole of a shopping center, strip mall, or professional building development. 121 122 (B) This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. 2011 S-3 (C) When a comprehensive sign plan is submitted, exceptions to the regulations of this chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this chapter and if such exception results in an improved relationship between the various parts of the sign plan as determined by the City Council. (D) Comprehensive sign plans will be reviewed by the City Planning Commission which will forward a recommendation to the City Council on the appropriateness of the proposed sign plan. (Ord. 08-002, passed 4-22-2008) Penalty, see§ 10.99 § 155.27 GROUND SIGNS. (A) Ground signs are permitted in all districts but only to the extent permitted in this section and in the District Schedules set forth in § 155.29. (B) Permit application. A permit shall be applied for in accordance with § 155.25. (C) Height. A sign must not exceed 8 feet in height, including pedestal and any berming. (D) Surface Area: (1) Signs having 1 copy surface may have up to 34 square feet of surface area. (2) Signs having 2 or more copy surfaces may have up to 68 square feet for all surfaces. (3) Buildings with 2 or more businesses/tenants shall be allowed an additional 12 square feet for 2 or more copy surfaces, for a total of 80 square feet. (E) Landscaping. Ground signs must be landscaped. Landscaping may consist of shrubs, plants, rocks, or other decorative materials located around the pedestal. All signs shall be ma intained in a safe, presentable and good structural condition at all times. including the replacement of defective parts. cleaning and other items required for maintenance of the sign. Vegetation around , in front of, behind, and underneath the base of ground signs for a distance of at least 10 feet shall be neatly trimmed and free of weekds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. (F) Design and location: (1) Signs must maximize the use of natural materials m construction and should conform to the material design of the principal structure. (2) Signs must be located at least 15 feet from the curb line of any public street and cannot be placed within any street right-of-way or government easement. (3) The pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the number of tenants in the structure. (Ord. 08-002, passed 4-22-2008) Penalty, see § 10.99 § 155.28 WALL SIGNS. The sign surface area of a wall sign may not exceed 15% percent of the area of the wall to which it is applied. (Ord. 08-002, passed 4-22-2008) Penalty, see § 10.99 §155.29 DYNAMIC DISPLA VS. (A) Findings. Studies show that there is a correlation between Dynamic Displays on signs and the distraction of roadway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but a lso by knowing that the sign has a changing me ssage. Drivers may watch a sign waiting for the next change to occur. Additionally, drivers are more di stracted by special effects used to change the message, such as fade-ins and fade-outs. Time and temperature s igns appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new tec hnologie s to easily update messages. Except as prohibited by state or federal law, sign owners sho uld have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact res idential character. Spacing requirements enforced by the City Code could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for multiple D ynamic Displays to exist along a corridor. If more than one Dynamic Display can be seen from a given location on a corridor, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a v iew that appears to have constant movement. This impact would be compounded in a corridor with multiple signs . If Dynamic Displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be s ubjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate. Additionally, a constant message is typically needed on a s ign so that the public can use it to identify and find an in tended destination. Changing me ssages detract from this way-finding purpose and could adversely affect driving conduct through last -second lane changes, stops, or turns , which could result in traffic accidents. Accordingly, Dynamic Displays generally should not be allowed to occupy the entire copy and graphic area of a sign . The City finds that Dynamic Displays shou ld be allowed on signs but with signi ficant controls to 123 124 minimize their proliferation and their potential threats to public safety . (B) Permitted Signs. Dynamic displays are not outright pem1itted within any zoning district within the City . solel y as free standing monument signs and only in the C Commercial, [ lndustriaL ROS Recreation! Open Space. Dynamic Display Signs shall comply with the height, size, arrangement. set back, location, and other applicable provisions of this Chapter and the district in which the sign is lo cated. (C) Conditionally Permitted Signs. Dynamic Displays are conditionally permitted solely as free -standing monument ground signs with the issuance of a Conditional Use Permit from the City Council only in the R 1-Single Family Residential District to display non-commercial or public service announcements when displayed on the site of an approved public or quasi-public land use, the C-CommerciaL I -Industrial, and ROS -Recreation/Open Space D istricts. Dynamic Display Signs shall comply with the height, size, arrangement, set back, location, and other applicable provisions of this Chapter and the district in which the sign is located. The conditions with respect to the issuance of any Conditional Use Permit for a Dynamic Display Sign shall cover at least the following: (I) Aesthetics of the sign, including, but not limited to message color, construction materials, and landscaping; (2) Location of the sign with regard to the surrounding area; and (3) Position/layout of the sign with regard to the surrounding area. (D) Size of Display. D ynamic Displays may occupy no more than 35% of the actual copy and graphic area allowed by the zoning district for which it is located in. The remainder of the sign must not have the capability to have Dynamic Displays even if not used. Only one, contiguous Dynamic Display area is allowed on a sign face . Additionally, the remainder of the sign must not have the capability to have a readerboard sign as defined herein. (E) Size of Copy. Every line of copy and graphics in a Dynamic Display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause (D) above, then no Dynamic Display is allowed . Fuel stations may integrate a Gas Price Display sign into a changeable copy sign, provided the OOJTY height shall not e)rneed 18 inches, the display shall not exceed six square feet, the coy is limited to numeric characters only, and the copy shall be a static display using a single color and shall not scroll , flash, blink, or include animated copy or graphics. (F) Duration of Image. The images and messages displayed on a Dynamic Display Sign must be static. A Dynamic Display 's image, or any portion thereof, may not change more often than once every 2-0 15 minutes 8 seconds in ROS and R 1 Districts, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Due to the increased uantit)' and distance between s ia ns, a Dy namic Dis la ·'s image, or an 1 ortion thereof, ma ot change more often than once ever; 15 minutes in C' and LI Districts . except one for\\ hi ch changes are necessary to correct hour-and-minute. date. or temperature infomiation . .,....__._...·_..._........., of time. dale. or temperature must remain for at lea~;t 20 l 5 minutes before changing to a Ci ifferent displa). but the time. date. or temperature infommtion itself nmy chan ~ no more often than once ever) three second:J (G) Transition. If a Dynamic Display's image or any portion thereof changes, the change sequence must be instantaneous without any special effects. (H) Message . The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. (I) Color. The matrix elements of the display shall be monochromatic in color with a s olid black background . (J) Sign Cons/ruction and .\laintenance. All permanent freestand i ng ground signs shall have self-supporting structures erected on and permanently attached to concrete foundations. Tht: base of D) namic Displa) signs must maximize the use of natura l materials, such as stone. hrick, rock or similar decorati,·e material. in construction and should confom1 to the material design of the principal structure. A ll sign s shall be maintained in a safe, presentable and good structural condition at a ll times, including t he replacement of defective parts. cleaning and other items required for maintenance of th e s ign. V cgetat ion around, in front of, behind, and underneath the base of ground signs for a distance of at least I 0 feet shall be neatly trimmed and free of weekds. and no rubbish or debris that v.o u ld constitute a fire or health hazard shall be permitted under or near the sign. (K) Prohibition on Video Display. No portion of a Dynamic Display may change any part of its sign face by a method of disp lay characterized by motion or pictorial imagery, or depict action or a special effect to imitate movement, or display pictorials or graphics in a progression of frames that gives the illusion of motion of any kind. (L) Prohibition on Fluctuating or Flashing llluminalion. No portion of a Dynamic Display image may fluctuate in light intensity or use intennittent, strobe or moving light, or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any other manner that creates the illusion of movements. (M) Audio. Dynamic Displays shall not be equipped with audio speakers. (N) Ma~functions . Dynamic Displays must be designed and equipped to freeze the sign face in one position if a malfunction occurs. Dynamic Displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner or operator must immediately turn off the display when notified by the City that it is not complying with the standards of this Ordinance. (0) Brighlness. All Dynamic Displays shall meet the following brightness standards: 125 126 ( l) No Dynamic Display may exceed a maximum illumination of ~ 4 .500 nits (candelas per square meter) during daylight hours and a maximum illumination of ~ 450nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. (2) All Dynamic Displays having illumination by means other than natural light must be equipped with a dimmer control or other mechanism that automatically controls the signs brightness to comply with the requirements of this Section. (3) No Dynamic Display may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (4) The owner or controller of the Dynamic Display must adjust the sign to meet these brigh tness standards in accordance w ith the C it y's instructions. The adjustment must be made immediately upon notice of non-compliance from the City. (5) A written certification from the sign manufacturer that light intensity has been preset to conform to the brightness levels established by the City's code and that the preset level is protected from end user manipulation by password protected software or other method. This would offer the advantage of ensuring that electronic signs at a minimum cannot exceed the standards. The sign manufacturer must submit this certi fication at t he time of Sign Penn i ~ issuance that the sign has the mechanical ca abilities to control luminance at the le\'els noted in (I) above. (P) Non-Conforming Signs. Dynamic Display Signs existing on . 2014 must comply with the operational standards listed herein. An existing Dynamic Display Sign that does not meet the structural requirements as outlined in (B) and (C) above may continue as a non-conforming development. An existing Dynamic Display Sign that cannot meet the minimum size requirements in clause E) must use the Jar est size ossible for one line of copy to fit in the available space. (Q) Prohibited Signs. Dynamic Display signs shall not be used to display a listing of tenant names, nor can they create distractions which are detrimental to the public health, welfare and safety as determined by the City Manager. § 155.i930 DISTRICT SCHEDULES. Signs shall be permitted as set forth in the following provisions: (A) Residential. The following signs are permitted in a residential district: (1) R-1 , R-JA, and R-2. (a) One identification s ig n per dwe llin g unit per right -of-way frontage stating the stree t address, and/or the name of the res id e nt. One address s ign m ay a lso be located on the curb in front of each dwelling unit or o n a freestanding mailbox. (b) Only 1 non-comme rcial s ign with a m ax imum sign area of 6 square feet per surface with a total area of 12 square feet a ll s ign area surfaces w ill be permitted per lo t. Signs may not have any surface area or structural member closer than 10 feet to a s id e lot line or s ited in a public right-of-way or public easement. ( c) The following t y pes of s igns are no t permitted in res idential zoning di strict s: 1. Awning sign s; 2. Balloon s igns; 3. Canopy s ig n s; 4. Flashing s ig ns; 5. Marquee s igns; 6 . Pole s igns; 7. Pylo n sign s; a nd 8. Shimmering s ig n s. (2) R-3 and R-4. Each multiple dwelling compl ex (9 or more units) a ll owed one freestanding sign identifying the complex. T he s ign may not exceed 50 square feet in s ign surface area. The s ign structure, including th e sign surface area, may not exceed 150 square feet in area. T he hig hest point of the s ign m ay not be m o r e than 8 feet a bove ground level. (3) Each church . temple. or :;; ncu~ogue religious institution QlaCe of \rnrshi locate d w ithin the corporate limits of this c ity, s ubj ect to a pproval of size, location and ty pe by the C ity Manager, m ay construct and maintain a m aximum of 3 directional s ig n s o n municipal r ig hts-of-way. Not more than 1 s uch s ign may be installed or maintained at any intersection. (4) Each of t he following may installed and maintain I ground sign subject to the provisions of§ 155.01 on the property to w hi ch the sign pertains, with the exception of a Dynamic Di s play Sign. which requires the issuance of a Conditional Use Permit (CUP) as outlined in § 155.29 herein: (a) Schools and publicl y owned faci li ti es li st ed in § 152.036(B) and (C); and § 152.051 (B) and (C). 127 128 (b) Churche:>. t.£!!!pl:£§. S) nagogue:; religious institution/ lace of \VOrshi and city buildings listed in § l 52.037(A) and (C); and § I 52.052(8). (B) Commercial and limited busine.'ij . The following signs are allowed in a "B" Service Office Limited Business District and "C" Commercial Districts and may be installed after obtaining a permit and paying a required license fee. (1) One identification sign per right-of-way frontage per commercial establishment. The sign may have no more than 2 s quare feet of surface area per lineal foot of business frontage, up to a maximum of 150 square feet. The total area of all wall signs affixed to a wall may not exceed 15% of the total area of that wall. Dynamic Display Signs are con d iti o na ll y permitted with the issuance of a Conditional Use Permit subject to the provisions of§ 155 .29 . (2) /\ gasoline station will be allo·Ned. in addition to all other authorized signs, I pylon sign to identify the gasoline brand. This sign may not e1<eeed 30 feet in height. and must have a =~~:::e:=n::;:::n~:Ci!:;i;;::;~:·:~::. t~:~::s:~:~:::!:!1: •. :tE~::ii:e:n ~ r rice sign for each frontage having a curb cut. Such a freestanding sign will be in addition to t hose signs allowed in subdivision (B)(I) of this section f (;2) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over 75 ,000 square feet may have major anchor/tenant ground sign(s) depending upon the number of major anchors. The total sign area shall not exceed 300 square feet. ( 43 ) Upon su bmittal of a comprehensive sign plan, and subject to approval of the City Council , a shopping center over 75 ,000 square feet may be allowed additional wall signs for commercial establishments that need additional exposure from different vantage points. The number of additional wall signs will not exceed 1/2 the total number of commercial establishments and will be allowed a surface sign area of 112 of that which is allowed. ( ~4) A commercial establishment located within a shopping center, having no outside frontage , will be allowed a surface sign area of 112 of that which it would be allowed if it had outside frontage. (65) Commercial establishments will be allowed, in addition to all other authorized signs, 1 historical identification symbol, not exceeding 5 square feet in sign surface area. (+6) Subject to approval of the City Council, and as a conditional use, a movie theater may have a marquee. The total sign area for a marquee sign shall not exceed 200 square feet. (&7) Subject to approval of the City Council, and submittal of a comprehensive sign plan, a strip mall under 75 ,000 square feet and a shopping center over 75 ,000 square feet, may be allowed a ground sign with a surface sign area not to exceed 150 square feet. (-98) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a major anchor/tenant over 50,000 square feet in a shopping center over 75 ,000 square feet may have a wall sign that is up to 4 times the sign surface area of which is allowed for other commercial establishments. ( +G9) Subject to approval of the City Manager, a searchlight 1s permitted for a special event. (C) Light Industrial. The following signs are permitted in a Light Industrial District and may be installed after obtaining a permit and paying required license fee. (1) One business or identification canopy or wall sign per right-of-way frontage as regulated in subdivision (B)( 1) of this section and I freestanding sign as regulated and permitted in § 155.27. Dynamic Display Signs are conditionally permitted w ith the issuance of a Condi tiona l Use Permit , subject to the provisions of§ 155 .29 . (2) In a district zoned for light industrial businesses, signs containing 1 square foot for every 100 square feet of ground floor space will be allowed up to a total sign surface area of 150 square feet. (D) Recreational Open Space. The following signs are permitted in a Recreational Open Space District and may be constructed after obtaining a permit and paying the required license fee. (1) Subject to approval of the City Council , only ground and wall signs are allowed in this district. The ground sign may have a sign surface area not to exceed 150 square feet. (2) Subject to the approval of the City Council, and as a conditional use, Dynamic Display Signs eleetronie message signs are conditionall y permitted with th e issuan ce of a Condi tional Use Permit. su bject to the provisions of §I 55 .29. allowed in this distriet. The p rocedures contained in § 152.213, shall apply to the issuance of a eonditional use permit for a Dynamic Display 8 ign an eleetronic message sign . The conditions '.Vith respeet to the issuance of any conditional use permit for an eleetronie message sign shall cover at lea st the following: (a) The sign shall not be permitted to flash or contain any animation; (b) The hours of operation of the sign; provided, that in no event shall the sign be permitted to be operated betv1een the hours of 10:00 PM and 6:00 AM ; (c) The message ehangeability shall be limited to the minimum amount of changes required to aceompli sh the purpose of the sign; (d) Aestheties of sign, including, but not limited to, message color, size of message board and sign, construction materials and landscaping; (e) Loeation of sign with regard to surr01:1Hding area; and (f) Sign may only be used to promote items of general interest to community. 129 130 (Ord . 08-002, passed 4-22-2008) Penalty, see § I 0.99 § 155.30 ADJUSTMENTS AND APPEALS. (A) Composition. The commission of adjustments and appeals will be comprised of all of the members of the Planning Commission. (B) Powers and duties. The commission will hear and make recommendations to the Counci l regarding: (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter; and (2) Petitions for variances from the literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: (a) The granting of the variance will not be detrimental to the other property in the neighborhood or city; and (b) A particular hardship to the applicant would result if the strict letter of the regulations are adhered to ; or ( c) The conditions upon which the application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land use classification. (Ord . 08-002, passed 4-22-2008) § 155.31 VARIANCES. (A) Variances granted. Variances may be granted by the City Council after a public hearing is held by the Planning Commission and a recommendation is made to the City Council. Notices will be given, and a public hearing will be held, in the manner provided in §§ 30.45 through 30.48. The installation of sign(s) must take place within I year after a variance has been granted by the City Council. (B) Majority vote. A majority affirmative vote of the City Council members present is equired to approve a variance. (C) Fee. An application for a variance must be accompanied by the fee provided in § 33.061. (Ord. 08-002 , passed 4-22-2008) § 155.32 NON-CONFORMING SIGNS. (A) Legal conforming. All signs existing as of January I , 2009 conforming to the requirements of this chapter and not requiring a permit under the provisions of this chapter, may be maintained so long as they continue to comply with the provision s of this chapter, as it may from time to time be amended. (B) Legal non-conforming signs. All signs existing as of January 1, 2009, which would be prohibited by this chapter, or which would require a permit under this chapter but have not received a permit, will be deemed to be legal non-conforming signs. Legal nonconforming signs may continue to exist without a permit and without constituting a violation of this chapter until I or more of the following occurs: (1) The sign is structurally altered (except for normal maintenance) in a way which makes the sign less in compliance with this chapter than it was before the alteration; (2) The sign is relocated to a position making it Jess in compliance with this chapter than it was before the relocation ; (3) The sign is replaced ; or ( 4) Any new primary sign is constructed or placed in connection with the enterprise using the legal non-conforming s ign. (Ord. 08-002, passed 4-22-2008) § 155.33 ENFORCEMENT. (A) If a sign is in violation of this chapter, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the City Manager may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation to the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. (B) In the event of failure to comply with the notice within 30 days, the City Manager may remove the sign or cause such remedial work to be done. (C) The cost of the work performed by the city mu st be paid to the city by the owner of the property on which the sign is located. If payment is not made within 30 days after a statement for such costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County Treasurer for collection in the same manner as real estate taxes. (D) If a sign which has been removed is not reclaimed and costs paid within 30 days after its removal , the sign may be sold or otherwise disposed of by the city. (E) If a sign is found to be an immediate danger to the public because of its un safe condition, it may be removed without notice, and written notice of removal and reasons for the 131 132 removal will be given to the property owner of the property on which the sign is located as soon as possible. (Ord. 08-002 , passed 4-22-2008) Effective Date: This ordinance shall become effective after publication. A summary version will be published with the full ordinance amendment available on the City's website or at City Hall. Adopted on the 9th day of December, 2014 Publish: St. Anthony Bulletin Publication: December 17 , 2014 CITY OF SAINT ANTHONY VILLAGE By: _____________ _ Jerome 0. Faust, Mayor ATTEST: By: _____________ _ Barbara J . Suciu, City Clerk Dynamic Display Signs Ordinance Amendment City Council Meeting December 9, 2014 • Dynamic Display Sign -"A sign that appears to have movements or that appears to change, caused by any method other than physically removing and replacing the sign or its components. This includes any display that incorporates a method or technology that allows the image on the sign face to change without physically or mechanically replacing the sign face or its components". 133 12/1/2014 1 13 4 • Dynamic Display Sign, cont. -"This also includes signs containing parts that rotate, revolve, move, flash, blink, utilize Light Emitting Diodes (LED) or Liquid Crystal Display (LCD) lights, digital ink, or any other technology that allows the sign to display a series of images or displays". • Existing Code -Allowed in ROS Districts -Prohibited from 10pm to Garn -No time limit -Promotes items of general interest to community 12/1/2014 2 135 12/1/2014 • Proposed Code -Permitted in ROS, Rl, C and LI Districts with CUP -No more than 35% of allowed sign copy -Complete message -Instantaneous change required (no flashing} -Font height requirements based on speed of adjacent roadway -Monochromatic in color -No video display permitted -No audio • Proposed Code -NTE 4,500 nits during the day; 450 nits during the night (requires written verification) -Only one Dynamic Display sign per lot -Only permitted on ground signs -Pylon signs prohibited -ROS and Rl -one message every 8 seconds ; C and LI -one message every 5 minutes 3 136 12/1/2014 Questions? 4 TO: MARK CASEY, CITY MANAGER FROM: SHELLY RUECKERT, FINANCE DIRECTOR SUBJECT: 2015 UTILITY RATES DATE: DECEMBER 9, 2014 2015 Utility Rate Synopsis: The utility rates recommended herein for 2015 reflects the multi-year approach towards rate adjustments that began in 2012 . The concept will allow for reasonable rate adjustments that maintain an equitable sharing of costs, encourages conservation, and retires debt. The approach and rates will be evaluated annually. The overall impact of the recommended rates for a residential customer at each of the five tier level ranges from 3.98% to 4 .39% as detailed below: Tier Level 1st-7,500 2nd-15,000 3rd..22,500 4th-30,000 5th-37,500 Distribution (1st Qtr. 2014) 30.2 % 46.4% 18.4% 3.6% 1.4% 2015 Cost $69.77 $124.74 $182.04 $243.17 $311.87 2014 Cost ($67.10) ($119.67) ($174.49) ($232.99) ($298.76) Quarterly $2.67 $5.07 $7 .55 $10.18 $13.11 Annual $10.68 $20.28 $30.20 $40.72 $52.44 Percent Increase 3 .98% 4 .24% 4 .33% 4.37% 4.39% The remainder of this document discusses the rate increases by service type Water Rates: The April 2012 water rate discussion resulted in the multi-year approach cited previously. Consistent with this approach, the elimination of annual transfer from the water operations to the general fund is carried forward to 2015 . In 2015 a transfer from the utility fund to the CIP fund has been proposed at $15,000. The transfer is propose to 137 138 increase by $10,000 each year from 2016-2018 with the transfer topping out at 50,000 in 2019 . The $50,000 approximates the annual replacement amount for the Utility equipment included in the CIP program. This phase in approach will moderate the annual rate increases required. Therefore the recommended 2015 rate per 1,000 gallons is $2.98, or an eleven cent ($.11) increase. This represents a 3.83% increase in rate and would be expected to generate $34,411 in additional revenues (assuming water usage is similar to 2014). The impact on a 7,500 gallon per quarter user would be as follows: Quarterly Usage % Bill Rate Change 2011 $19.50 $2.60 2012 $20.03 $2.67 2.69 2013 $20.63 $2.75 3.00 2014 $21.53 $2.87 4.50 Quarterly Bill Usage Rate % Change 2011 $19.50 $2.60 2012 $20.03 $2.67 2.69 2013 $20.63 $2.75 3.00 2014 $21.53 $2.87 4.50 2015 $22.35 $2.98 3 .83 Sewer Rates: The approach to sewer rates in 2012 was the same as used for the water. Consistent with this approach, the elimination of annual transfer from the sewer operations to the general fund is carried forward to 2015 . The recommended 2015 rate per 1,000 gallons is $4.19, or a twenty cent ($.20) increase. This represents a 5.01 % increase in rate. This increase revenue along with reduced treatment cost due to lower relative flows for 2013/2014 produces a breakeven operating model for the sewer operations. The MCES 2015 rate notification also alluded to future rate increases in treatment costs being higher than 4%. The revision in rates would be expected to generate $45,666 in additional revenues (assuming 2015 first quarter water usage was similar to the first quarter in 2014). The impact on a 7,500 gallon per quarter user would be as follows: Quarterly % Bill Usage Rate Change 2011 $26.25 $3.50 2012 $27.75 $3.70 5.71 2013 $28.35 $3.78 2.16 2014 $29 .93 $3.99 5.44 Quarterly Bill Usage Rate % Change 2011 $26.25 $3.50 2012 $27.75 $3.70 5 .71 2013 $28 .35 $3.78 2.16 2014 $29.93 $3 .99 5.44 2015 $31.43 $4.19 5.01 Stormwater Rates: The approach to Stormwater rates in 2012 was the same as used for the water and sewer. The recommended 2015 rate per Quarter is $14.40 or a thirty-five cent ($.35) increase. This represents a 2.49% increase in rate and would be expected to generate $4,788 in additional revenues (assuming no new construction). The impact on a residential single family user would be as follows : Quarterly Bill Usage Rate % Change 2011 $13.00 2012 $13 .35 $0.35 2 .69 2013 $13 .70 $0.35 2.62 2014 $14 .05 $0.35 2.55 2015 $14.40 $0.35 2.49 Quarterly Bill Usage Rate % Change 2011 $13.00 2012 $13.35 $0.35 2.69 2013 $13.70 $0.35 2.62 2014 $14.05 $0.35 2.55 The rate increases for other land use categories are comparable to increase in single family residential (classifications 2 & 3) 139 140 Classification-Land Use 2014 CharJ!e Proposed 2015 CharJ!e %ChanJ!e I-Cemeteries, parks, golf $58.30 per acre $59.75 per acre 2.49% courses, railroads, vacant land 2-R-1, R-la, and R-2 $56.20 per unit $57.60 per unit 2.49% residential 3-R-3 residential $56.20 per unit $57.60 per unit 2.49% 4-Schools and institutional $134.24 per acre $137.58 per acre 2.49% uses 5-R-4 Residential , churches $171.22 per acre $175.48 per acre 2.49% and manufactured home parks 6-Commercial and industrial $213.90 per acre $219.23 per acre 2.49% This is the third and final reading for Ordinance 2014-06. CITY OF SAINT ANTHONY VILLAGE ST A TE OF MINNESOTA ORDINANCE NO. 2014-06 AN ORDIN ANCE AMENDING SECTIONS §33.0 18 SEWER CHARGES TO OWNERS; 33 .036 WATER CHARGES TO OWNERS AND .§.33.090 C HARGES FOR STORM WATER FACILITIES FOR ST. ANTHONY VILLAG E EFFECTIV E JANU ARY I , 2015 The C ity Council of the C ity of Saint Anthony Village ordains as fo llows: 33.018 SEWER RATES: $4.19per1,000 gallons 33 .036 WATER RA TES. Water bills will be computed quarterly base d on metered water used according to the tiered rates system. RESIDENTIAL Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $2.98 TIER II 7,500-15,000 $3.14 TIER III 15 ,000-22,500 $3.45 TIER IV 22,500-30 ,000 $3 .96 TIERV Over 30,000 $4.97 COMMERCIAL Consumption (gallons) Rate/ per 1,000 gallons TIER I 0-7,500 $2.98 TIER II 7,500-53,500 $3.14 TIER III 53 ,500-175 ,000 $3 .45 TIER IV 175 ,000-300 ,000 $3.96 TIERV Over 300,000 $4 .97 WILSHIRE Consumption( gallons) Rate/per 1,000 gallons TIER I 0-7,500 $2.98 TIER II 7,500-510 ,000 $3.14 TIER III 510,000-610,000 $3.45 TIER IV 610,000-710,000 $3.96 TIERV Over 710,000 $4.97 SAVHS Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $2.98 TIER II 7,500-850 ,000 $3.14 TIER III 850,000-1,150,000 $3.45 TIER IV 1,150,000-1,450,000 $3 .96 TIERV Over 1,450,000 $4.97 141 142 HAPPY'S Consumption (gallons) Rate/per 1,000 gallons TIER I 0-7,500 $2.98 TIER II 7,500-3 ,650,000 $3.14 TIER III 3 ,650 ,000-4 ,650 ,000 $3.45 TIER IV 4,650 ,000-5 ,650 ,000 $3.96 TIERV Over 5,650,000 $4 .97 33.090 STORM WATER FACILITIES: (billed quarterly) Classification Charge (per acre) 1 -Cemeteries, parks, golf courses, parks, golf courses, $59 .75 railroads, vacant land 2 -R-1, R-la, and R-2 residential $57.60 3 -R-3 Residential $57.60 4 -Schools and institutional uses $137.58 5-R-4 Residential, churches & manufactured home parks $175.48 6 -Commercial & Industrial $219.23 Effective Date: This ordinance shall become effective for services after January 1, 2015 First Reading : November I 0, 2014 Second Reading : November 25 , 2014 Adopted: December 9 , 2014 CITY OF SAINT ANTHONY VILLAGE By: _____________ _ Jerome 0. Faust, Mayor ATTEST: By: ___________ _ Barbara J. Suciu, City Clerk Publish: St. Anthony Bulletin Publication date: December 17 , 2014 -2- Date Items/Issues Staff Present 2014 December 23 Regular City Council City Manager 2015 Housekeeping Issues Planning Commission Items from December City Co uncil January 13 Regular Quarterly Goals Update City Manager Accepting a donation to the Fire Department from Mr. Roy Quady Fire Chief City Council January 15-16 Goal Setting City Manager Dept. Heads 2015 Street Project January 27 Regular -Call for Hearing on Improvements City Council -Call for Hearing on Assessments City Manager -Order Preparation of Assessments Planning Commission Items from January City Council February 10 Regular Annual Report -Administration City Manager Annual Report -Finance City Enginee r Finance Director 2015 Street Project -Public Hearing -Ordering Improvements City Council -Award Bid to Contractor City Manager February 24 Regular -Call for Sale of GO Bonds City Engineer 2015 Strategic Goals presentation Public Works Director Annual Report -Public Works Department Police Chief Annual Re ort -Police March 9 Special Jo int Meeting with Parks Commission City Council 5:30 p.m. City Manager Planning Commission items from February City Council City Manager March 10 Regular Annual Report -Fire Liquor Op Mgr Annua l Report -Liquor Fire Chief March 23 Special Joint Meeting with Planning Commission City Council 5:30 p.m. City Manager 2015 Street Project March 24 Regular -Accept offers for Bonds City Council -Approve Bond Sale City Manager April 14 Regular Planning Commission items from March City Council City Manager Public Hearing on the 2016 Budget City Council April 28 Regular Quarterly Goals Update City Manager Finance Director May 12 Regular Planning Commission items from April City Council Recognition of Chamber's Villager and Business of the Year City Manager May 26 Regular Salo Park Concert Series City Council Insurance Renewal -Consent City Manager Feasibil ity Report for 2016 Street Project City Council June 9 Regular Planning Commission items from May City Manager City Engineer June 23 Regular Memorandum of Understanding with SANB School District for 2015 Elections City Council City Manager Date July 14 July 28 August 11 August 25 September 8 September 22 October 13 October 27 November 10 Items Pending: ~ Worksess ions Type Regular Regular Regular Regular Regular Regular Regular Regular Regular FUTURE COUNCIL AGENDA ITEMS Items/Issues Staff Present Planning Commission items from June City Council City Manager Quarterly Goals Update City Council Night to Unite Proclamation Villagefest presentation City Manager Planning Commission items from July City Council Liqu or Operations Mid-Year Report City Manager Liquor Op Mgr Budget Presentation City Council SANB #282 Presentation Chamber of Commerce Fall Event presentation City Manager Planning Commission items from August City Council 2016 Preliminary Operating Budget and Levy City Manager 2016 Street Project Receiving Feasiblity Report Finance Director City Engineer Fire Prevention Presentation City Council Kiwanis Peanut Day City Manager Fire Dept Planning Commission items from September City Council Approval of Election Judges for the Municipal Election on November 3rd. City Manager Quarterly Goals Update City Council City Manager Planning Commission items from October City Council Canvass Election Results from the November 3rd Municipal Elect ion City Manager City Clerk Prepared by BSuciu 12/4/2014 Page 2 HOUSING AND REDEVELOPMENT AUTHORITY AGENDA CITY OF ST. ANTHONY December 9, 2014 Call to Order. Roll Call. I. Approval of December 9, 2014, H.R.A. Agenda . II. Consent Agenda. These items are considered routine and will be enacted by one motion . There will be no separate discussion of these items unless a Council member or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda . A. Approve November 10, 2014, H.R.A . Minutes. (pp. 1-2) B. Claims. (pp. 3-4) Ill. Public Hearings. (None.) IV. General Policy of Business of the H.R.A. (None.) V. Staff Reports. VI. H.R.A. Commissioner Comments. VII. Information and Announcements. New Business : Straight Razor -3803 Stinson Blvd. VIII. Adjournment. CITY OF ST. ANTHONY 2 3 HOUSING AND REDEVELOPMENT AUTHORITY MEETING NOVEMBER 10, 2014 4 5 CALL TO ORDER. 6 Chair Faust called the meeting to order at 8:40 p.m. 7 8 ROLLCALL. 9 10 Commissioners present: 11 Commissioners absent: Chair Faust; Commissioners Gray , Jenson, Roth, and Stille. None 12 Also present: Executive Director Mark Casey. 13 14 I. APPROVAL OF NOVEMBER 10, 2014 H.R.A. AG.ENDA. 15 16 Motion by Commissioner Stile, seconded by Commissioner Jenson, to approve the November 17 10 , 2014 Housing and Redevelopment Authority Agenda as presented. 18 19 Motion carried unanimously. 20 21 II. CONSENT AGENDA. 22 23 Motion by Commissioner Roth , seconded by Commissioner Jenson, to approve the Consent 21. Agenda, which consisted of: 25 26 27 28 29 30 31 III. 32 A. H.R.A. Meeting Minutes of October 14 , 2014 B. C laims. PUBLIC HEARINGS. -NONE 33 IV. GENERAL POLICY BUSINESS OF THE H.R.A. -NONE 31. 35 V. STAFF REPORTS. -NONE 36 37 VI. H.R.A. COMMISSIONER COMMENTS. -NONE. 38 39 VII. INFORMATION AND ANNOUNCEMENTS. 1.0 41 New Business -Created to Grow -2904 Pentagon Dr. 1.2 Motion carried unanimously. 43 Executive Director Mark Casey welcomed this new business to the community. 44. 45 VIII. ADJOURNMENT. 1.6 1.7 Chair Faust adjourned the meeting at 8:45 p.m. 1 2 Housing and Redevelopment Authority Meeting Minutes November I 0 , 2014 Page 2 2 Respectfully submitted, 3 Debbie Wolfe 4 TimeSaver Off Site Secretarial, Inc. 5 City of St Anthony Village CITY OF ST ANTHONY HRA CHECK REGISTER Check Issue Dates : 12 /10/2014 -12/1 0/2014 Page : 1 Dec 03 , 2014 11 :26 AM Vendor Number Payee Check Number Check Issue Date A mount 10726 INLAND REAL ESTATE CORPORATION 11738 WSB & ASSOCIATES , INC . Grand Totals : 25057 25058 12 /10/2014 12 /10/20 14 2 ,969 .17 150 .50 3 ,119.67 4 THIS PAGE LEFT INTENTIALLY BLANK