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CC PACKET 09081992
Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103068 Box: 30 Folder: CC PACKETS 1990-1994 Document: CC PACKET 09081992 CITY OF ST. ANTHONY CITY COUNCIL AGENDA SEPTEMBER 8, 1992 7:30 P.M. COUNCIL CHAMBERS I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. II. ROLL CALL. III. APPROVAL OF SEPTEMBER 8, 1992 COUNCIL AGENDA. IV. APPROVAL OF AUGUST 25, 1992 COUNCIL MINUTES. 1 V. PRESENTATION OF CLAIMS. A. MAIER STEWART & ASSOCIATES - $487.65. B. MAIER STEWART & ASSOCIATES - $148.28. C. MAIER STEWART & ASSOCIATES - $204.55. D. BARR ENGINEERING - $428.50. E. DORSEY & WHITNEY - $1,814.60. F. DORSEY & WHITNEY - $911.95. G. ST. ANTHONY FIRE RELIEF ASSOCIATION - $20,195.00. H. VERIFIED. VI. REPORTS. A. PLANNING COMMISSION MEETING - AUGUST 18, 1992. B. COUNCIL. 1. PROCLAMATION OF ST. ANTHONY KIWANIS PEANUT DAY. C. CITY MANAGER. VII. PUBLIC HEARINGS - NONE. VIII. NEW BUSINESS. A. APPROVAL OF THE ORGANIZATION AND MISSION STATEMENT OF THE ST.ANTHONY ENVIRONMENTAL QUALITY/RECYCLING COMMITTEE. B. RESOLUTION 92-041, RE: SETTING 1993 TAX LEVY AND BUDGET PUBLIC HEARING DATES. • C. RESOLUTION 92-042, RE: ACCESS AGREEMENT WITH MINNESOTA POLLUTION CONTROL AGENCY. COUNCIL AGENDA SEPTEMBER 8, 1992 PAGE 2 D. RESOLUTION 92-043, RE: TERMINATION OF MANNING'S LEASE AND APPROVAL OF NEW LEASE WITH HIGHWOOD FOOD SERVICES. E. RESOLUTION 92-044, RE: ACQUISITION OF THE GOOD LUCK CAFE AND ROSIE'S RESTAURANT PROPERTIES. F. RESOLUTION 92-045, RE: SNOW AND ICE CONTROL POLICY. G. ORDINANCE 1992-008, RE: SIGNS (1ST READING). H. ORDINANCE 1992-009, RE: HOUSING MAINTENANCE CODE (1 ST READING). IX. UNFINISHED BUSINESS. A. ORDINANCE 1992-007, RE: STORM WATER UTILITY (3RD READING). X. ADJOURNMENT. 1 CITY OF ST. ANTHONY REGULAR COUNCIL MEETING 4 5 AUGUST 25, 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The .meeting was called to order at 7: 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo. 12 13 14 2 . ROLL CALL 15 16 Council Present : Mayor Ranallo, Councilmembers Marks, Enrooth, 17 Fleming and Wagner 18 19 Staff Present : City Manager Burt , City .Attorney Soth and 20 Management Assistant Urbia 21 22 23 3 . APPROVAL OF AGENDA FOR AUGUST 25, 1992 COUNCIL MEETING 24 25 Motion by Marks , second by Enrooth to approve the agenda for 26 the August 25, 1992 Council Meeting with . the following 27 additions : 0 7 . Manager ' s Report 30 31 Dates for Budget Hearings 32 33 9 . New Business 34 35 Bid Award - Phase II Sidewalk Project 36 37 38 Motion carried unanimously 39 40 41 42 4 . APPROVAL OF MINUTES OF THE AUGUST 11 , 1992 COUNCIL MEETING 43 MINUTES 44 45 Motion by Fleming, second by Wagner to approve the minutes of 46 the August 11 , 1992 Council Meeting with the " following 47 corrections : 48 49 page 5, lines 10 through 12 : These lines should read, "The 50 groundwater is anticipated to be completely cleaned in twenty 1 REGULAR COUNCIL MEETING 2 AUGUST 25-11 1992 • 3 PAGE 2 4 5 6 years. The first ten years of charges are ninety percent 7 reimbursed. " 8 9 page 9, line 26 : Delete "general replacement and repair of 10 roads" and insert "with road construction" 11 12 Motion carried unanimously 13 14 15 5. LICENSE/PERMITS/PETITIONS 16 17 Contractor' s Licenses 18 19 Motion by Wagner, second by Marks to approve the contractor' s 20 license application for Pine Cone Nursery, Inc. of Coon 21 Rapids, Mn. 22 23 Motion carried unanimously 24 25 26 Motion by Wagner, second .by Marks to approve the contractor' s 27 license application for Card Construction of St . Paul , Mn. 28 • 29 Motion carried unanimously 30 31 32 6. PRESENTATION OF CLAIMS 33 34 A. Norwest Banks 35 36 Motion by Marks, second by Enrooth to approve payment in the 37 amount of $34 , 238 . 75 to Norwest Banks for debt service payment 38 for principal and interest due by October 1 , 1992 . 39 40 Motion carried unanimously 41 42 B. Hennepin County 43 44 Motion by Marks , second by Enrooth to approve payment in -the ' 45 amount of $20, 424 . 15 to Hennepin County for the City' s share 46 of the signaling project on 37th Avenue and Stinson Boulevard. 47 48 Motion carried unanimously 49 50 • 1 REGULAR COUNCIL MEETING AUGUST 25, 1992 PAGE 3 4 5 6 C. Barr Engineerina 7 8 Motion by Marks , second by Enrooth to approve payment in the 9 amount of $294 . 60 to Barr Engineering for professional 10 cervices rendered from March 1 , 1992 through June 27 , 1992 for 11 the Highcrest Street Outlet project . 12 13 Motion carried unanimously 14 15 D. F.F. Jedlicki , Inc. 16 17 Motion by Marks , second by Enrooth to -approve payment in the 18 amount of $8 , 559 . 00 to F.F. Jedlicki , Inc. for final payment 19 on the Highcrest Street storm sewer. 20 21 Motion carried unanimously 22 23 E. Maier Stewart and Associates 24 25 Motion by Marks , second by Enrooth to approve payment in the 26 amount of $1 , 300 . 27 to Maier . Stewart and Associates for 27 professional services rendered from June 28, 1992 through* August 1 , 1992 regarding the water system plans and specifications . 30 31 32 Motion carried unanimously 33 34 F. Verified Claims 35 36 Motion by Marks , second by Enrooth to approve payment of the 37 four pages of verified claims as submitted by the Finance 38 Director. 39 40 Motion carried unanimously 4.1 42 43 7 . REPORTS 44 45 A. Council Reports 46 47 1 . Report of Councilmember Waciner 48 49 Councilmember Wagner has nothing to report at this time. 50 • 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 • 3 PAGE 4 4 5 6 2 . Report of Councilmember Fleming 7 8 Monday, September 14th is the next scheduled meeting of 9 the Village Fest Committee. Councilmember Fleming stated 10 that profits from the 1992 Village Fest will be about 11 $5, 000 . She also noted that Mayor Ranallo is hosting an 12 appreciation evening for volunteers who participated in 13 the Village Fest at his home on September 11th. 14 15 3. Report of Councilmember Marks 16 17 Councilmember Marks had noticed blue paper boxes located 18 throughout the community for the purpose of selling 19 newspapers . The City Manager was contacted regarding this 20 matter. He contacted the attorney for the Pioneer Press 21 and requested these containers be removed within ten 22 days . 23 24 4 . Report of Councilmember Enrooth 25 26 Councilmember Enrooth had been vacationing and had 27 nothing to report . • 28 29 5. Report of Mayor Ranallo 30 31 The Mayor serves on the State ' s Federal Legislation 32 Committee. He advised that there is presently being 33 considered a constitutional amendment to safeguard a fund . 34 for cities . This fund is intended to replace the Trust 35 Fund for cities which was used by the Governor during the 36 last legislative session. 37 38 The Mayor noted that both the League of Minnesota Cities 39 and the Association of Metropolitan Municipalites are 40 reviewing this issue. 41 42 B. Report of the City Manager 43 44 1 . The City Manager discussed the possible dates which 45 could be considered for the Budget Public Hearing. This 46 hearing is mandated by law for all taxing authorities, 47 the County, the School District and the City. 48 49 Wednesday, December 9, 1992 at 7 : 00 p.m. was the time and 50 date selected for the Budget Public Hearing. • 1 REGULAR COUNCIL MEETING AUGUST 25, 1992 PAGE 5 4 5 6 Mayor Ranall.o explained it is the intention of the City 7 Council to afford residents. an opportunity for input on 8 the budget . An informational meeting is scheduled for 9 October 13 , 1992 at 7 : 30 p.m. for this purpose. The 10 intent is to have citizen comments and suggestions before 11 the budget is finalized in December. 12 13 The City Manager advised the levy w.ill be certified at 14 the September 8th Council Meeting. This will be 15 advertised through press . releases irr the City' s local 16 newspapers and on the cable access channel . 17 18 19 8 . PUBLIC HEARING 20 21 A. Proposed Apache Plaza Redevelopment Plan and Tax Increment 22 Financina Plan (Resolution No. 92-040 ) 23 24 Notice of this public hearing had appeared in the August 12 , 25 1992. edition of the Bulletin . 26 The public hearing was opened at 7 : 45 .p.m. The Mayor introduced the financial advisor, Bob Thistle from' 30 Springsted, Inc . , and Jerry Gilligan of the Dorsey & Whitney 31 law firm, who is the City' s bond counsel . 32 33 Mr. Gilligan stated there are two plans under consideration. 34 One is the proposed redevelopment _plan and the second is the 35 tax increment financing plan. 36 37 The redevelopment plan includes major renovation of the main 38 center of Apache Plaza, demolition of the sports and health 39 club, and a storm water holding pond . The New Market space 40 will be vacated -and be available for another tenant . 41 42 Mr . Gilligan advised that the Council is required by 43 resolution to make certain Findings regarding this project . 44 The Findings must include that the parcels .under consideration 45 consist of seventy percent of the area in the District are 46 occupied by buildings , streets , utilities or other 47 improvements and that more than fifty percent of the buildings 48 (not including outbuildings) are structurally substandard to 49 a degree requiring substantial renovation or clearance. 50 • 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 • 3 PAGE 6 4 5 6 7 Utei-g Engineering , Inc . performed the Apache Mall Structural 8 Evaluation and submitted a report for Council consideration. 9 The report stated that the Apache Mall complex consists of 10 five buildings . The largest building is the Apache Mall . The 11 remaining buildings consist of the New Market Grocery 12 building, a Sports and Health Club building, a Mobil Service 13 Station building and and a Tires Plus building. 14 15 Uteig Engineering conducted evaluations on the New Market 16 building, the Sports and Health Club building and the Mobil 17 Service Station . building. All of them were found to be 18 substandard by definition. 19 20 It was Mr. Gilligan' s recommendation to exlude the Mobil 21 Service Station building and the Tires Plus building from the 22 Tax Increment District and reduce the redevelopment to three 23 parcels , two of which have substandard buildings located on 24 them. 25 26 The other required Findings are met by this development . The 27 developer is requesting tax increment assistance and the 28 project would not be possible without these funds and the , 29 redevelopment plan conforms to the general plan for the 30 development of the City as a whole. 31 32 Councilmember Marks inquired how long this whole process would 33 take. Mr. Gilligan responded that there will be a need to 34 subdivide but this would not hold up the process . 35 36 Mr. Thistle reviewed the obligations of tax increment 37 financing. He noted that this type of financing does not use 38 existing tax dollars nor take any away from what is already 39 being paid. 40 41 He explained the mechanics of tax increment financing and 42 development of a tax increment financing district . 43 44 With the use of an overhead, Mr. Thistle reviewed the present 45 appearance of the parcels under consideration and the proposed 46 redevelopment project area which will be located in the 47 district . He explained that' tax capacity yields the property 48 taxes and the increment expected. The estimated market value 49 of the properties is used to estimate the tax capacity. 50 1 REGULAR COUNCIL MEETING 0 AUGUST 25 , 1992 PAGE 7 4 5 6 Some of the benefits of this project is that it will attract 7 other new businesses which may have located elsewhere, it 8 affords opportunities for employment and the secondary spinoff 9 of the project can be improvement of businesses in nearby 10 locations . The quality of a development is enhanced by tax 11 increment financing and the City has better control over the 12 nature of the development if it takes place in 'a tax increment 13 financing district . Mr. Thistle advised that income from the 14 district may be used for administration costs and/or 15 commercial development up to ten percent . 16 17 The Development Agreement is between ' the City and the land 18 owner. The agreement defines the type of financing which can 19 be used and may require that the City put in some public 20 improvements. 21 22 The Development Agreement protects the City in that it 23 stipulates the market value of the development and the 24 completion date of the redevelopment . If that date is not met , 25 the City can withhold bond proceeds until the developer 26 completes what is being required . The Agreement also requires di a liquidity guarantee, which is often in the form a letter of credit from the land owner which would cover debt service 29 shortfalls . The land owner finances the improvements and is 30 reimbursed. 31 32 Mr . Thistle reviewed projects which are eligible for use of 33 these types of funds ; land acquisition, soil correction, site 34 preparation, relocation, demolition and public improvements 35 such as streets , sewers and pedestrian walkways . He is of the 36 opinion that this redevelopment project is a classic example 37 for use of tax increment funds in that it includes nearly all 38 of the aforementioned eligibility requirements . He feels this 39 is an excellent tool for the City to use in redeveloping a 40 dated shopping mall area . 41 42 Mayor Ranallo introduced_ Dennis Cavanaugh, President of the 43 C.G. Rein Company, which owns the Apache Mall. The Mayor noted 44 there have been several meetings between Mr. Cavanaugh and 45 members of the City Council and City Manager. 46 47 Mr. Cavanaugh, using an architect ' s rendering, addressed the 48 redevelopment project for Apache Mall complex. There will be 49 36, 000 square feet of tenant space relocated in the mall . 50 Currently, there is 105 , 000 square feet vacant . • 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 • 3 PAGE 8 4 5 6 Mr. Cavanaugh noted that since the anchor store, Montgomery 7 Wards , moved from the shopping mall in 1979, the activity in 8 the mall has steadily declined. He is of the opinion that 9 location of a CUB Store in the mall will generate traffic to 10 the existing stores in the mall and will attract new tenants. 11 He noted he has been contacted by three firms interested in 12 locating in the mall in the eventuality that CUB locates 13 there. Also, there is a prospective tenant for the New Market 14 space which will require 91 ,000 square feet . 15 16 The resident at 3412 Skycroft inquired if consideration had 17 'been given to using the existing space rather than the 18 proposed demolition. 19 20 Ms . Pat Draper, representing CUB Stores , advised that the 21 grocery industry technology requires a state-of-the-art type 22 of building and this building is antiquated. She noted that a 23 present standing building cannot be adapted to suit the needs 24 of an upscale grocery store and it cannot be made, to be 25 efficient . 26 27 The resident at 4033 Silver Lake Terrace is supportive of the • 28 plans . He feels' it will address three important issues ; those 29 are, economic interests , environmental concerns, and liability' 30 and vulnerability of the City. The economic interests of the 31 City will be served in that there will probably be other 32 businesses which will locate in the City as a spinoff result 33 of this redevelopment . The environmental concerns will be 34 addressed in that an opportunity will be present to repair the 35 infrastructure which was put in to control the water runoff 36 - into Silver Lake from the mall . He questioned why the Mobil 37 Station was not included in the project . The resident' advised 38 he is comfortable with the issues of liability and 39 vulnerability in that the City Council and staff appear to 40 have minimized any risk to the City with this project . 41 42 The resident at 2909 St . Anthony Boulevard questioned the 43 sources of information which indicated that this redevelopment 44 would reverse the economic decline of the mall. He feels 457 another opinion should be gotten regarding the ' use of the 46 shopping mall . He referred to a recent article in the Pioneer 47 Press which stated there is a mall glut . 48 49 This resident recalled that Apache Plaza shopping mall has 50 already received one tax. abatement and that another is • 1 REGULAR COUNCIL MEETING 0 AUGUST 25, 1992 PAGE 9 4 5 6 expected. He is concerned that there may not be enough revenue 7 generated to pay the bond debt . He also noted examples of 8 "stand alone" CUB stores where adjacent businesses did not 9 prosper as is being expected in the Apache Mall complex area . 10 11 He requested the status of the CUB Store on 18th and Central 12 Avenues . The CUB Store representative responded that two 13 stores may yet be built but this is not certain. The resident 14 inquired if staff had done any studies on the impact a store 15 on 18th and Central Avenues may have on the proposed Apache 16 Mall store. 17 18 The resident also requested an explanation of the security of 19 the general obligation bonds and the general revenue bonds . 20 The -bond counsel addressed this inquiry. 21 22 The resident suggested that consideration should be given to 23 locating City Hall and the Community Services offices in 24 Apache Mall . He doubts the viability of this project and is 25 concerned about the future of the St . Anthony Shopping Center 26 if this project is approved. 41 Rod Johnson, representing the management firm for the St . 29 Anthony Shopping Center, stat.ed he has some concerns regarding' 30 this project . He is not convinced that the tax increment- fund 31 district is being established according to the requirements . 32 The potential impact of this project on the St . Anthony 33 Shopping Center as well as the south end development of the 34 City is also of concern . He noted that if the Town and Country 35 grocery store were to close there would be a direct impact on 36 the shopping center. Some tenant leases are tied into this 37 store remaining open. 38 39 Mr. Johnson stated that in 1987 the management of the St . 40 Anthony Shopping Center approached the City requesting 41 assistance to improve the center and to give it a facelift . At 42 that time they were advised that, the shopping center did not 43 qualify as a tax increment district . 44 45 A pool of funds remaining from another project by this 46 management firm was used to do the facelift , which included a 47 new roof , signage, painting and correcting of deficiencies . 48 Mr. Johnson suggested this is an issue of fairness . 50 The C.ity Manager recalled that the request for establishment • 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 • 3 PAGE 10 4 5 6 of a tax increment district was made verbally to a former City 7 Manager. He noted a letter from the legal counsel representing 8 the St . Anthony Shopping Center management was received today. 9 Copies of the letter were distributed to the Council . The City 10 Manager quoted the letter which stated objections to the 11 proposed plans . 12 13 Mr. Johnson observed that Apache Plaza Mall was not included 14 in the structural evaluation prepared by Uteig Engineering. He 15 feels it should have been . He also understands the requirement 16 that ninety percent of the funds from the tax increment be 17 used to correct substandard conditions. He feels some of this 18 money is being used for other purposes . It is his opinion that 19 the CUB store should locate in the New Market building. 20 21 It is Mr. Johnson ' s opinion that a great deal is being risked 22 in view of the fact that only seventy-five cents more per 23 square foot will be realized in taxes with this project and 24 there is a risk that CUB may not flourish nor attract other 25 businesses. The City Manager did not agree on the amount of 26 additional taxes expected. 27 28 Mayor Ranallo recalled that in 1978 , when the Kenzington and. 29 Autumn Woods were being considered for a tax increment 30 financing district , the shopping center management was 31 approached to be included. The response at that time from the 32 owners and the merchants was they chose not to be included. 33 34 Mr. Johnson acknowledged this but noted that if tax increment 35 funding had been available in 1989 there would have been more 36 done at the shopping center. 37 38 The City Manager again stated that when the request was made 39 in 1987 to establish a tax increment district it was made 40 verbally and no formal plans were presented to the City 41 Manager. I,t was felt at that time there would not be enough 42 tax increment generated to qualify. 43 44 Councilmember Marks recalled that he was one of the two 45 councilmembers who served on the task force in 1978 to review 46 the possibility of establishing a tax increment district . He 47 noted that members of the task force were disappointed and 48 frustrated by the lack of input from the business people in 49 the St . Anthony Shopping Center. 50 • REGULAR COUNCIL MEETING AUGUST 25, 1992 PAGE 11 4 5 6 Other residents of the City expressed their support for the 7 location of a CUB store and the redevelopment plans for Apache 8 Mall . 9 10 Ms . 'Mary Dorseth, of Briggs and Morgan, who is representing 11 the C.G. Rein Company, responded to the letter from the St . 12 Anthony Shopping Center -legal counsel . She advised that the 13 lard is not being sold at a low price and that full market 14 value is being paid. She noted that funds from a tax increment 15 financing district can be used to pay the costs of demolition 16 of an outmoded area in the shopping center. Regarding the 17 legal counsel ' s suggestion that the project does �no.t meet the 18 requirement of substandard conditions, she noted that two 19 buildings are clearly substandard. Also, relocation of present 20 tenants is an acceptable reason for use of some of these 21 funds . 22 23 Ron Hergers , President of the Apache Plaza Merchants 24 Association and Manager of Herberger ' s, advised that there has 25 been very positive support received from other merchants in 26 the mall for the redevelopment . He noted that attendance at the Association ' s meetings has also increased. He feels the pro j.ect will be good for St . Anthony Village and good -for the. 29 St . Anthony Shopping Center . 30 31 Councilmember Wagner, who represents the City at the Apache 32 Plaza Merchants Association, confirmed the enthusiasm of the 33 merchants for the project and also has noticed the increased 34 activity at meetings . 35 36 Ken Sundvold, manager of the J. C. Penney store at Apache 37 Plaza, is very supportive of the redevelopment and views it as 38 a real plus for other merchants in the center. He advised of 39 a conversation he recently had with the manager of the 40 Woolworth' s store. Woolworth' s has been evaluating its 41 operation and may even look at remodelling if the CUB store 42 goes into the area-. Mr. Sundvold feels that other merchants 43 may consider upgrading their stores as well if this were to 44 occur. 45 46 Mayor Ranallo stated there are fifty acres available for 47 redevelopment which would accommodate about seventy five 48 homes. He noted that the value of properties as residential 49 development would have to be three times in value to- generate 50 taxes similar to those coming . from commercial . 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 • 3 PAGE 12 4 5 6 Motion by Enrooth, second by Marks to close the public hearing 7 at 9: 20 p.m. 8 9 The Mayor advised those in attendance that any action taken by 10 the City Council tonight does not mean that the entire project 11 has received its final approval . He noted that the Development 12 Agreement is still to be drafted and there are other 13 considerations between the City, C. J. Rein Company and the 14 CUB Stores management . 15 16 The City Attorney advised that a joint City Council and 17 Housing and Redevelopment Authority Meeting could be conducted 18 or the City Council Meeting could be adjourned to convene the 19 HRA Meeting. 20 21 The Joint City Council and Housing and Redevelopment Authority 22 Meeting was called to order at 9 : 21 p.m. 23 24 1 . CALL TO ORDER 25 26 The Chairperson called the meeting to order at - 9 : 21 p.m. 27 28 2 . APPROVAL OF H.R.A. RESOLUTION NO. 1992-005 . 29 30 Motion by Marks , second by Wagner to approve Resolution No. 31 1992-005, being a resolution relating to Redevelopment Plan 32 for Redevelopment Project Area No. 3 - Ramsey County, and the 33 Redevelopment Project -to be undetaken pursuant thereto and Tax 34 Increment Financing plan for Tax Increment Financing District 35 No. 3 - Ramsey County; approving Redevelopment Plan for 36 Redevelopment Project- Area No. 3 - Ramsey County and the 37 Redevelopment Project to be undertaken pursuant thereto, Tax 38 Increment Financing Plan for Tax Increment Financing District 39 No. 3 - Ramsey County, and requesting the approval of the City 40 Council . 41 42 Motion carried unanimously 43 44 45 3 . PROPOSED APACHE PLAZA REDEVELOPMENT PLAN AND TAX 46 INCREMENT FINANCING PLAN (RESOLUTION NO. 92-040 ) 47 48 Motion by Wagner, second by Enrooth to approve Resolution No. 49 92-040 being a resolution approving Redevelopment Plan for 50 Redevelopment Project Area No.. 3 - Ramsey County and the REGULAR COUNCIL MEETING AUGUST 25, 1992 PAGE 13 4 5 6 Redevelopment Project to be undertaken pursuant thereto and 7 Tax Increment Financing Plan for Tax Increment Financing 8 District No. 3 - Ramsey County, and making findings with 9 respect thereto. 10 11 Commissioner Marks observed that all of the Findings are 12 contained in the resolution and the City Council agrees that 13 all of the conditions have been met to set up -a Tax Increment 14 Finance District . 15 16 Motion by Fleming, second by Enrooth to recess the joint City 17 Council and H.R.A. Meeting at 9 : 25 p.m. 18 19 Motion carried unanimously 20 21 22 9 . NEW BUSINESS 23 24 A. Resolution No . 92-039, Re: Sale of $405, 000 Liquor Store 25 Revenue Refunding Bonds 26 The City Manager advised that three bids were received and they were all close to the projected estimates . 29 30 The bond counsel felt $18 , 400 could be realized in the 31 refunding. 32 33 Copies of the Official Statement of the revenue refunding 34 bonds, drafted by Springsted, Inc., , Public Finance Advisors, 35 were distributed to the Council . 36 37 Motion by Marks , second by Fleming to approve Resolution No. 38 92-039, being a resolution awarding the City of St . Anthony 39 liquor store revenue refunding bonds with said award being 40 made to Moore, Juran and Company, Incorporated. 41 42 Motion carried unanimously 43 44 45 10 . UNFINISHED BUSINESS 46 47 48 A. Ordinance No. 1992-007 , Re: Storm Water Drainage Utility 49 (second reading) 50 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 3 PAGE 14 4 5 6 7 The City Attorney advised he substantially re-wrote the 8 ordinance by changing the wording but not the substance.. He 9 noted that he has replaced the word "utility", with the word 10 "facility. " 11 12 Dennis Cavanaugh, a St . Anthony resident , had submitted a list 13 of written questions regarding this ordinance at a previous 14 Council Meeting. He thanked the City Attorney for his 15 responses and for the additional information he received from 16 the City Manager. 17 18 Mr. Cavanaugh still feels the ordinance should be tabled. He 19 observed that the Task Force has recommended that sidewalks be 20 included in the usages for these funds also. He is of the 21 opinion that "utility" is not well defined and he has observed 22 that it appears that the funds generated the first year will 23 be used for a plan. 24 25 The Mayor is supportive of the fund and noted that there will 26 be federal mandates coming in the near future which will 27 require cities to clean up their storm water. He felt there 28 are two ways to do this ; set up the fund so it cannot be 29 tampered with by the Legislature or wait until the clean up is 30 mandated and then find ways to pay for this . 31 32 Another resident stated he feels the City Council should be 33 looking for solutions to the water problems now. He cited an 34 instance where his son hit a sink hole with his car and the 35 car was significantly damaged. 36 37 Motion by Enrooth, second by Wagner to approve the second 38 reading of ordinance No. 1992-007 , being an ordinance 39 relating to the construction, reconstruction, repair and 40 improvement of storm sewer systems and related facilities and 41 charges for the use and availability of storm water 42 facilities ; amending the St . Anthony 1973 Code of Ordinances 43 by adding a new Section 260 . 44 45 Councilmember Marks stated he favors a dedicated fund to do a 46 dedicated job. He requested a preliminary plan li.sting items , 47 costs and .schedule. 48 49 The City Manager advised' he and the City staff have just 50 started working on a five year capital improvement plan . He 1 REGULAR COUNCIL MEETING 0 AUGUST 25, 1992 PAGE 15 4 5 6 7 does not expect it to be completed before the next Council 8 Meeting. He noted there is a ten year plan for road 9 replacement which will include storm sewer replacement . 10 11 The City Manager feels the initial plan will be completed in 12 time to be presented to the City Council *at one of its 13 November meetings . 14 15 Councilmember Marks felt this plan should be available for 16 Council consideration before the final reading and adoption of 17 the ordinance. 18 19 Councilmember Wagner noted there are some items which could 20 use these funds the first year. Counci1 member .Enrooth observed 21 that some of these problems have been discussed for over ten 22 years. Councilmember Marks felt that they are really 23 underfunding. 24 25 The City Attorney advised that - the first draft of the 26 ordinance did not include a dedicated fund. He added Section 260 . 25 for the second reading. 29 30 Motion carried unanimously 31 32 33 B. Kenzie Terrace Sidewalk Construction - Phase Ii 34 35 A bid tabulation for the Kenzie Terrace sidewalk construction 36 project was received from Maier Stewart and Associates , Inc . 37 The low bidder was Norsk Concrete Construction in the amount 38 of $9, 970 . The engineering estimate was for $8 , 900 . 39 40 The consulting engineer noted that the City has worked with 41 this firm before and are comfortable with their work. They are 42 recommending acceptance of this bid. 43 44 Motion by Wagner, second by Marks to accept the bid of $9 , 970 45 from Norsk Concrete Construction as recommended by the City ' s 46 consulting engineer from Maier Stewart and Associates , Inc . 47 for the Kenzie Terrace Sidewalk Construction Project - Phase 48 II . 49 50 Motion carried unanimously 1 REGULAR COUNCIL MEETING 2 AUGUST 25, 1992 3 PAGE. 16 4 5 6 7 C. Status of Housina Maintenance Code, Road Task Force Report 8 and Proposed 1993 Budaet 9 10 Dennis Cavanaugh inquired as to the status of the Housing 11 Maintenance Code. He was advised it will be coming to the 12 City Council at its September 8th meeting. 13 14 The Road Task Force will be meeting on August 31st and its 15 recommendations will be brought to the Council at its 16 September 8th meeting. 17 18 The City Manager advised that he will be meeting with each 19 Councilmember individually to discuss the 1993 budget . It will 20 become a public document on October 13th and there will be a 21 Budget Public Hearing on December 9th. 22 23 Mr. Cavanaugh is interested in purchasing a copy of the 24 proposed budget . He feels citizen access can be expensive and 25 noted that he paid $10 . 25 for a copy of the Tax Increment 26 Financing District Plan. 27 •28 29 D. Pahl Avenue Problems 30 31 Mary Ann Kuharski , 2709 Pahl Avenue, was present to submit a 32 letter of response to comments made at a previous Council 33 meeting regarding problems among residents on Pahl Avenue. She 34 submitted her letter so it can be included in the public 35 record. 36 37 Mrs . Kuharksi referred to some of the incidents which have 38 ' recently occurred in her neighborhood. While she feels that 39 presently the area is calmed down she is concerned about the 40 situations which took place, the affect they had on some of 41 her neighbors and the manner in which they were responded to 42 by City staff . She also explained her reason for not wanting 43 to participate in mediation or counselling. 44 45 Mrs . Kuharski ' s letter, dated August 25, 1992 , was accepted 46 and placed on file. 47 48 49 50 REGULAR COUNCIL MEETING AUGUST 25 , 1992 PAGE 17 4 5 6 11 . ADJOURNMENT 7 8 Motion by Marks, second by Wagner to adjourn the meeting at 9 9: 59 . p.m. 10 11 Motion carried unanimously 12 13 14 15 16 Respectfully submitted, 17 18 19 Jo-Anne Student , Council Secretary 20 21 22 23 24 Mayor Clarence Ranallo 25 2.6 ATTEST: 29 City Clerk 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 • Maier Stewart & Associates 1959 Sloan Place _St. Paul, Minnesota 55117 Invoice number 7800 August 11, 1992 Page number 1 Project 490-010-20 KENZIE TERRACE II SIDEWALK PLANS & SPECIFICATIONS City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered From June 28 through August 1, 1992 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Graduate Engineer • John R. Hemming Project Design 7-18-92 1. 00 16. 05 2.45 39 . 32 Specifications 7-25-92 5 . 00 16. 05 2.45 196. 62 8-01-92 2. 00 16. 05 2. 45 78.65 Senior Draftsperson Edward C. Youngquist Redesign 8-01-92 2. 00 17 . 66 2.45 86. 53 Drafting 7-25-92 2. 00 17 . 66 2.45 86. 53 Staff Labor Expense: 12. 00 487 . 65 Invoice Total: 487'. 65 • • Maier Stewart & Associates 1959 Sloan Place St. Paul, Minnesota 55117 Invoice number 7801 August 11, 1992 Page number 1 Project 490-010-30 KENZIE TERRACEfI' SIDEWALK CONSTRUCTION ADMINISTRATION City of St. Anthony Mr. Roger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered From June 28 through August 1, 1992 ----------------------------------------------------------------------- Professional Services Hours Rate Multiplier Amount --------------------- ------- ------ ---------- ---------- Principal Engineer • Thomas J. Madigan Project Design 8-01-92 1. 00 28.42 2.45 69 . 63 Graduate Engineer John R. Hemming Construction Administration 7-25-92 2. 00 16. 05 2.45 78. 65 Staff Labor Expense: 3 . 00 148.28 Invoice Total: 148.28 • Maier Stewart & Associates 1959 Sloan Place St. Paul, Minnesota 55117 Invoice number 7552 July 8, 1992 Page number 1 Project 490-005-40 KENZIE TERRACE City of St. Anthony Mr. Rcger Larson 3301 Silver Lake Road St. Anthony, MN 55418 For Engineering Services Rendered May 31 through June- 27, 1992 ------------------------------------------------------------------------ Professional Services Hours Rate Multiplier Amount --------------------- ------ ------ ---------- ---------- Graduate Engineer • John R. Hemming Construction Inspection 6-13-92 3 . 00 16. 05 2.45 117 . 97 6-27-92 2. 00 16. 05 2.45 78. 65 6-27-92 1. 00- 16. 05 2.45 39. 32- Staff Labor Expense: 4. 00 157 . 30 L_rect F.xperises Amount PERSONJkL VEHICLE 6-06-92 9 . 75 6-13-92 4. 50 MISCELLANEOUS OUTSIDE HIRE 6-27-92 American Engineering Testing, Inc. 33 . 00 Direct Expenses Total: 47 . 25 Invoice Total: 204 . 55 • • Barr Page # 1 - Engineering Company Invoice # 13896-3360 8300 Norman Center Drive Project # 23/62-252 August 18, 1992 Minneapolis,MN 55437-1026 Phone: (612)832-2600 Fax: (612)835-0186 City Of St. Anthony 3301 Silver Lake Road Minneapolis, MN 55418 Attn: Mr. Tom Burt RE: County Road "E" Storm Sewer Statement of Account with BARR ENGINEERING CO. For professional services through August 1, 1992 Dennis E. Palmer, Professional Engineer 3.8 hours @ $110.00 per hour . . . . . . . . $ 418.00 Administrative • 0.3 hours @ $35.00 per hour . . . . . . . . ---$----10_50 Total Payable $ 428. 50 Contract Amount - $ 3,700.00 Total Billed to Date $ 428. 50 Dennis E. Palmer DORSEY cgC WHITNEY A P...T.l9..1• P-19......L COYPO.ATIO.. P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 (612) 340-2600 (Tax Identification No.41-0223327) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony, MN Attn: Mr. Thomas Do Burt August 24, 1992 3301 Silver Lake Road Invoice No. 288375 Minneapolis M 55418 For Legal Services Rendered Through 07/31/92 Matter: 101 Stonehouse Restaurant Conference with We Soth regarding new lease; draft lease agreement; draft lease agreement; draft termination agreement regarding Mannings lease; meeting with. T. Burt and R. Nelson; draft guaranty; telephone conferences with Re Nelson and E. Schumacher; draft lease agreement; draft letters to E. Schumacher and R. Nelson; telephone conferences with R. Nelson. Total For Services $1,782.00 Disbursements and Service Charges Reproduction Charges 32.60 Disbursements and Service Charges Total $32.60 Total This Statement $11,814.60 M/615 Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE.UPON RECEIPT DORSEY & WHITNEY A PMBFCYNBIP P-1.......L CaR—.^.l... ' P.O. BOX 1680 MINNEAPOLIS, MINNESOTA 55480-1680 (612) 340-2600 (T.■ Idae1111c.11on No.41-0227377) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES Client: 178820 City of St. Anthony, MN Attn: Mr. Thcmas Do Burt August 24, 1992. 3301 Silver Lake Road Invoice No. 288375 Minneapolis MN 55418 For Legal Services Rendered Through 07/31/92 Contract with Washington County HRA for Apartment Building Renovations 155.00 Transfer of Cable TV Ownership 130.00 Rezoning of Levandowski Property 140.00 Home Occupations Issues 125.00 Cheng Property 80.00 Attend Council Meeting 110.00 Review agenda materials and minutes;. discussions with City Manager 118.75 Total For Services $858.75 Plus Disbursements Per Attached $53.20 Total This Statement $911.95 WRS/615 Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request. Disbursements and service charges,which either have not been received or processed,will appear on a later statement. PAYMENT DUE UPON RECEIPT MEMORANDUM DATE: August 28, 1992 TO: Thomas D. Burt, City Manager FROM: Roger Larson, Finance Director ITEM: 2% INSURANCE PREMIUM PAYMENT FOR FIRE RELIEF Each year the City of St. Anthony receives a check from the State of Minnesota for Fire State Aid. This money comes from a 2% premium placed on homeowner fire insurance and is designated for the volunteer fire fighters pension fund. For auditing purposes, this money is recorded in the City accounting records-and paid out to the Fire Relief Association. Recommendation Council approve transfer of payment to the St. Anthony Fire Relief Association in the amount of $20,195.00. • BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 09/02/92 09:27 Check Register GL540R-VO4.09 PAGE ] DANK VENDOR CHECK#: DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING 000235 A T & T INFORMATION SYST 3178 09/09/92 41 .33 000120 AMERICAN LINEN 3179 09/09/92 . 29.05 000135 AMERICAN RISK SERVICES I 3180 09/09/92 377.00 000250 AUTOMATIC GARAGE DOOR CO 3181 09/09/92 560.34 008144 BANKCARD 3182 09/09/92 22.27 008153 BOB 'S PERSONAL COFFEE SE 3183 09/09/92 19.44 005060 BRAZIL/KIMBERLY 3184 09/09/92 100.00 000537 BURT/THOMAS 3185 09/09/92 273.00 002335 CELLULAR ONE 3186 09/09/92 89.00 00010 GEMSTONE PRODUCTS CO 3187 09/09/92 205. 16 000655 CLAREY'S SAFETY EBUIPMEN 3188 09/09/92 80. 15 005029 CLEVELAND COTTON PRODUCT 3189 09/09/92 152.32 QOS26B5 COAST T(LCpAST 3190 09/09/92 414-93 000741 ' CONNELLY ELECTRONICS 3191 .09/09/92 100.70 . .00001 CROSSWHITE/BENNIE 3192 09/09/92 50.00 000780 CYS MENS WEAR 3193 09109/92 241 .40 008156 DARLEY & CO./W.S. 3194 09/09/92 100. 23 .00002 DOVENMUEHLER/KAREN 3195 09/09/92 50.00 OQ5048 DEC INDUSTRIES INC 3196 09/09/ 210.38 000200 EARL ANDERSON ASSOC 3197 09/09/92 57.27 007198 ELECTRIC MOTOR REPAIR IN 3198 09/09/92 139.03 Aft o 32 FADDEN PUMP CQ 3199 09/09192 721 .86 001025 G & K SERVICES 3200 09/09/92 61 .59 001030 G & K SERVICES 3201 09/09/92 232.42 097114 GENERAL_SgEEIY E: PMENT 3202 09/09/92 551 . 75 001155 GLIDDEN PAINTS 3203 .09/09/92 57.51 001180 GOODIN COMPANY 3204 09/09/92 19.68 001241 GRA_CE/DUAN F A205 09.109/92 253.00 001250 GRAINGER INC/W W 3206 09/09/92 52.82 .00011 HENN COUNTY TREASURER 3207 09/09/92 52.20 001 5.05 H.ENN_C.0-SH E F I F F 320.8_49 03/32 224. 5.8_ 005017 HENNEPIN COUNTY TREASURE 3209 09/09/92 1 ,704. 50 007215 HUBCAP WAREHOUSE 3210 09/09/92 15.98 __00003_--KNO_TT/_KAREN 3.211 09/09/92 1QQ-O0 001820 KOCH MATERIALS COMPANY 3212 09/09/92 192.00 000715 LEEF BROS 3213 09/09/92 3. 40 _002040______LILLIE_SUB.URBAN_NEWSP_A2E 3214 09/_99/92 1.3.8.5.4 ___ 002125 MALENICK/JOHN 3215 09/09/92 68.90 002130 MAMA 3216 09/09/92 11 .00 002060 MB_INS.USTRIAI .Up-P-LY C_ 32LZ09/_49/-92 9-5l 000045 MIDWEST BUSINESS PRODUCT 3218 09/09/92 562.71 003070 MILLER/ROBERT 3219 09/09/92 52.95 _ 002320 MINAR_FORD_INC_ __ -__ 322.0-09/-09/-92 __-.._____._ 3 .82______ 005010 MINN CONWAY FIRE & SAFET 3221 09/09/92 15. 13 008045 MN COUNTY ATTYS ASSN 3222 09/09/92 387.77 _-__007204__^_MN_PLAYGROUND__.INC._.______-___ -- 3223_99/_09_/_92 --27 .-03-- • .00006 MONROE HALL 3224 09/09/92 15.00 . 00004 MORRIS/GRACE E . 3225 09/09/92 50.00 a BRC FINANCIAL SYSTEM ST. ANTHONY VILLAGE 09�0�/92 O9 27 hP k Re9i-,ter mr140R-VO4 09 PAGE 06ANK VENDOR CHECK# DATE AMOUNT FIRS FIRSTAR ST. ANTHONY CHECKING _00003 MR_ RICHARD ROSS 3226 09109192 15.00 007144 MYERS/WILLIAM 3227 09/09/92 61 .95 002680 NORTHERN STATES POWER 3228 09/09/92 7,976. 10 007043 NORTHERN STATES POWER 3229 09109192 2, 133 10 005123 OLSON/JAY 3230 09/09/92 83. 70 .00002 PLUNKETT'S, INC. 3231 09/09/92 698. 11 003000 RADIO SHACK 3232 09/09192 5.31 .00005 RICHARD OERTWICK 3233 09/09/92 50.00 .00004 RONALD M. LINDMAN 3234 09/09/92 50.00 003315 SERCO LABORATORIES 3235 09,104/92 360 00 .00006 SHELDON/JOE 3236 09/09/92 50.00 008105 SPACELABS INC 3237 09/09/92 131 .03 003460 SPRING LAKE PARK LUMBER 3238 09/09192 17.07 .00005 STATE OF MN. D/PUB .SAFEY 3239 09/09/92 75.00 .00001 STEPP MFG. CO. , INC. 3240.. 09/09/92 17. 18 007181 SUBURBAN PROPANE ;241 09-(9192 20()-02 .00007 SUNWOOD INN 3242 09/09/92 124.88 003560 TRACY PRINTING 3243 09/09/92 587.90 00012 TWIN CITY AUTO 3244 09/09/92 159.75. 008010 UNIFORMS UNLIMITED 3245 09/09/92 70. 13 008133 URBIA/DAVID 3246 09/09/92 54.60 2700 US WEST COMMUNICATIONS 3247 09/09192 112.88 003720 W W GENERATOR REBUILDERS 3248 09/09/92 55.96 003735 WASTE MGMT 3249 09/09/92 194.56 FIRSTAR ST. ANTHONY CHECKING 22, 182.88 ** 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING 4 5 AUGUST 18 , 1992 6 7 8 1 . CALL TO ORDER 9 10 The Planning Commission Meeting was called to order by 11 Chairperson Faust who led the Pledge of Allegiance. 12 13 2 . ROLL CALL 14 15 Commissioners Present : Thompson, Gondorchin, Murphy, Madden 16 and Faust 17 18 Commissioners Absent : Franzese and Werenicz 19 20 Staff Present : City Manager Burt and Management 21' Assistant Urbia 22 23 24 3. APPROVAL OF MINUTES OF JULY 21 , 1992 PLANNING COMMISSION 25 MEETING 26 Motion by Gondorchin, second by Murphy to approve the minutes of the July 21 , 1992 Planning Commission Meeting with the 9 following corrections: 30 31 page 5, lines 48/49: This sentence should read as follows , 32 "Commissioner Thompson commended the City Manager for all of , 33 his efforts on behalf of the redevelopment of this area. " 34 35 page 10., lines 8 through 10 : Commissioner Madden requested 36 these lines be deleted from' the minutes . Commissioner Madden 37 noted he had made additional comments which were not relayed 38 to the Planning Commission and he desired that all of this 39 paragraph be omitted from the text . 40 41 Motion carried unanimously 42 43 4 . PUBLIC HEARING 44 45 The public hearing was opened by Chairperson Faust at 7 : 37 46 p.m. 47 48 The purpose of the public hearing is to discuss an amendment 49 to the City of St . Anthony Comprehensive Land Use Plan in the 50 area north of the proposed new intersection at Kenzie Terrace 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 3 PAGE 2 • 4 5 6 from commercial to single family residential (currently the 7 2905 Kenzie Terrace area, 2700 Coolidge Street , and a portion 8 of 2715 Coolidge Street ) . 9 10 Chairperson Faust stated that the notice of public hearing 11 appeared in the August 5, 1992 edition of the Bulletin. 12 13 Copies of a faxed memo from the legal counsel representing the 14 property owner of 2715 Coolidge Street were distributed to 15 members of the Planning Commission . The City Manager advised 16 this memo was received today after the City Hall had closed. 17 18 The City Manager noted that the information in the memo 19 incorrectly assumed that the purpose of the public hearing was 20 to rezone the property at 2715 Coolidge Street . All pertinent 21 information concerning rezoning was requested by the legal 22 counsel . The City Manager will contact the owner ' s attorney 23 and advised him that this was not the purpose of the public 24 hearing. 25 26 With the use of an overhead graph, the City Manager reviewed 27 the current land use of the property under consideration. He 28 also presented a colored graph, which depicted the proposed • 29 amendment to the Comprehensive Plan. This graph showed the 30 area proposed to be rezoned to residential from commercial . 31 This graph also showed the proposed change to the road right- 32 of-way. 33 34 The proposed amendment is described as follows: 35 36 1 . Acquire residential properties west of Kenzie Terrace; 37 2700 Coolidge Street and 2906 Kenzie Terrace. 38 39 2 . Reconfigure 27th Avenue and: Coolidge Street which would 40 create a new intersection at Kenzie Terrace 41 42 3 . Develop parcel north of the new intersection at Kenzie 43 Terrace as _two single family lots . 44 45 4 . Amend the City of St . Anthony Comprehensive Land Use Plan 46 in the area north of the new intersection from commercial 47 to single family residential , including a portion of 2715 48 Coolidge Street to reflect the current use. 49 50 • 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 PAGE 3 5 6 The City Manager advised that the City has the authority to 7 change the Comprehensive Plan. He noted that typically a 8 better transition results when zoning from commercial to 9 residential . 10 11 The City is presently in the process of purchasing Rosie' s 12 Cafe and the Good Luck Cafe. The appraisal on Rosie ' s Cafe has 13 been completed and received by staff . The appraisal of the 14 Good Luck Cafe is expected next week. To obtain these two 15 parcels condemnation could be a consideration. 16 17 The Comprehensive Land Use Plan amendment has been submitted 18 to the Metropolitan Council . They had ten days to review it 19 and to make comments . A flow chart that reflects the process 20 of review by the Metropolitan Council was included in the 21 agenda packet . 22 23 The City Manager was advised today that the Metropolitan 24 Council has given tenative approval to the proposed amendment 25 as it appears to have met all of the guidelines required by 26 that body. 27 In review, the City Manager noted that Lot 2 is already zoned residential , lots 3 and 4 , which are currently zoned . 30 commercial , are being recommended for a residential zoning, 31 and lot 5, which is currently zoned medium family, is being 32 recommended for a residential zoning. 33 34 Commissioner Madden inquired when the roadway change comes 35 into the process. The City Manager responded this will happen 36 when the two properties , Rosie' s Cafe and the Good Luck 'Cafe, 37 are acquired. 38 39 Commissioner Madden also inquired as to any impact resolution 40 for the area. The City Manager stated this will be resolved 41 when the roadway plans are actually designed. He noted that a 42 design engineer has not yet been hired and will not be until 43 the two properties are owned by the City. 44 45 The City Attorney has advised the City Manager that it is 46 within the City ' s power to complete this land change. He also 47 noted that there will be no payment from the City for the 48 property at 2715 Coolidge Street . 49 50 • 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 3 PAGE 4 • II 5 6 7 It will be known if there will be a need to purchase a small 8 portion of land owned by a resident for the roadway when the 9 roadway design is done. 10 11 Commissioner Gondorchin inquired if there is an easement next 12 to the road. 13 14 The City Manager stated that the City typically has a fifteen 15 foot right-of'-way on either side of a road. There is a berm 16 planned for the area in question. 17 18 Commissioner Gondorchin wondered if there is a possiblity to 19 buy the parcel at 2715 Coolidge Street . The City Manager 20 responded that this could be a possiblity if there are plans 21 to enlarge the project . He noted that if the project were to 22 be enlarged the entire process would have to be gone through 23 again. Presently, the plan is to leave it as it is presently 24 zoned. 25 26 The -resident at 2817 St . Anthony Boulevard inquired if there 27 are any plans .for the triangular shaped land adjacent to the 28 service station. The City Manager said the City will be 29 negotiating with the owner of the service station on this • 30 parcel as it will be available. 31 32 The Public Hearing was closed at 7 : 52 p.m. 33 34 Motion by Gondorchin, second by Madden to recommend to the 35 City Council to amend the City of St . Anthony Comprehensive 36 Land Use Plan on Lots 3 , 4 , and 5. 37 38 Motion carried unanimously 39 40 5. MISCELLANEOUS 41 42 A. Apache Plaza Redevelopment Plan 43 44 Using an overhead, the City Manager reviewed the Apache Plaza 45 -Redevelopment Plan. On the site plan, he noted the location of 46 the present stores and buildings , the proposed demolition 47 area, the location of a proposed super market and --the proposed 48 expansion of. the development . 49 50 1 PLANNING COMMISSION MEETING 4 AUGUST 18 , 1992 PAGE 5 5 6 There are two separate issues under consideration; one being 7 the demolition of a certain building on the property and the 8 other establishment of a Tax Increment District . 9 10 it is anticipated there will be one and one half million 11 dollars of demolition. The City Manager stated that the 12 district will be established for twenty-five years but it is 13 the hope of the Council to call in the bonds within twelve 14 years . He explained the procedures involved with tax increment 15 financing and how the property taxes are collected and used. 16 17 Currently Apache Plaza is generating taxes at $1 . 50 per square 18 foot and they are decreasing steadily. Super markets usually 19 are taxed between $3 . 00 and $6. 00 per square foot . The 20 calculations for this proposed super market were set at $2 . 25 21 per square foot for paying off the bonds . 22 23 The project included 67 , 600 square ,feet for the super market 24 and 100 , 000 square feet for demolition. 25 26 The City Manager reviewed what stores will remain in their 27 present location and which stores will be moved or relocated in the Apache Plaza project . He noted that the City will locate its liquor store very close to the super market . Some 30 of the funding will also be used for structural repairs to the 31 shopping center and perhaps a new roof . 32 33 It was felt this project will realize quite a sum of taxes and 34 will generate an increase in taxes from surrounding commercial 35 properties . 36 37 An example of tax increment financing is as follows : the 38 property owner pays $15, 000 in taxes . $10 ,.000 of those taxes 39 are kept but $5 , 000 is given back to the property owner to pay 40 toward his debt service. The City Manager cited Autumn Woods 41 as another excellent example of successful tax increment 42 financing. He noted that the surplus taxes does not go to the 43 City to use as revenue but rather can be used for public 44 improvements. 45 46 A short period of time is preferable for tax increment so a 47 project will be paying higher taxes in less time. 48 49 Commissioner Murphy inquired if any discussion had taken place 50 regarding the razing of Apache Plaza. The City Manager responded 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 3 PAGE 6 • 4 5 6 that this had been a consideration of the developer but was 7 abandoned as being too costly. 8 9 Commissioner Murphy questioned if this proposed development 10 had been the only idea focused on rather than looking for 11 other proposals . He was concerned that ° there may have been 12 other considerations which may have been a higher and better 13 use of the land. 14 15 Noting that the City was actually serving as a business 16 partner in this project , Commissioner Murphy inquired if staff 17 had been advised of any of the marketing strategies of the 18 developer. 19 20 The City Manager noted that the legal counsel has been advised 21 of the marketing strategies . He has not been advised in that 22 if he were then the information would have become public and 23 this would not serve the interests of the developer at this 24 point in time. 25 26 Chairperson Faust was interested to know if staff anticipated 27 any traffic problems if this super market located at Apache 28 Plaza. • 29 30 The City Manager stated that the front of the super market - 31 will face east directly toward Silver Lake Road. There are 32 three access points on Silver Lake Road and the road had been 33 designed to handle the anticipated traffic. Seven hundred .and 34 fifty parking stalls will be added to the parking lot . 35 36 Commissioner Gondorchin inquired if the stop light on 37th 37 Avenue and Stinson Boulevard has been approved. The City 38 Manager advised it has been approved and Hennepin County 39 intends to have it installed this year. A pedestrian crossing 40 will also be installed to accommodate pedestrian traffic at 41 39th Avenue and Stinson Boulevard. 42 43 Chairperson Faust expressed a concern for the environmental 44 impact this development will have on the water quality of 45 Silver Lake. He feels this is a good opportunity for the City 46 to monitor the water which runs off of the Apache Plaza site 47 into the Lake- "and put in some controls to alleviate the 48 pollution emitting from there. 49 50 1 PLANNING COMMISSION MEETING AUGUST 18 , 1992 40 PAGE 7 4 5 6 The City Manager stated that this project will do three 7 things ; vitalize the shopping center, expand the tax base and 8 afford the City an opportunity to address the issue of 9 cleaning up the water quality 10 11 The City Manager received a letter from the owner of Apache 12 Plaza, C.G. Rein Company, which stated the firm will do 13 whatever is expected by the Rice Creek Watershed District . He 14 felt this would afford the City an opportunity to control 15 water flow from the shopping center.. A holding pond is being 16 included in the plans of the project . 17 18 Chairperson Faust cautioned that long term considerations 19 should be looked at for Silver Lake and its water quality. 20 21 Commissioner Murphy again stated his concern if the City is 22 placing the highest and best use on this land or just doing 23 what is expedient . 24 25 Dennis Cavanaugh, a St . Anthony resident , felt the City should 26 seek other opinions regarding the use of this property and the io land. He suggested that some consideration should have been given to developing it as residential . 30 Chairperson Faust felt the taxes realized from a residential 31 development would be considerably less than those which would 32 be received from a commercial development . 33 34 The City Manager noted that a developer would have to pay 35 twelve million dollars for the land alone. The highest and 36 best use would be industrial but this is unlikely to. be 37 viable. 38 39 The City Manager feels the potential for success of this 40 shopping center is very good with a super market as its 41 anchor. It would attract other interested businesses. He also 42 felt that the number of patrons shopping at the super market 43 will positively affect the other stores in the shopping 44 center. He noted that grocery stores have undergone a dramatic 45 change, going from very small neighborhood stores to 46 warehouse-type stores . 47 48 A resident inquired if the placement of the City' s liquor 49 store has been determined yet . The City Manager stated it will 50 be located where the City Council wants it . 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 • 3 PAGE 8 4 5 6 Motion by Madden, second by Thompson that the Planning 7 Commission go on record as being in favor of the improvements, 8 demolition and reconstruction as proposed on the Apache Plaza 9 Redevelopment Plan, recognizing many processes must be 10 followed before the project comes to fruition, specifically 11 concerning water, signage, movement of traffic and 12 archi-tecture. 13 14 Commissioner Murphy was also concerned that the finished 15 project not have a patchwork appearance. 16 17 Motion carried unanimously 18 19 20 B. Parkina Ordinance 21 22 Earlier in the summer the City Attorney drafted an ordinance 23 which addressed matters of parking. The ordinance focused on 24 parking of recreational vehicles and commercial vehicles on 25 private property. This ordinance was requested by members of 26 the City Council in response to complaints received from 27 residents . 28 •29 The City Manager noted that the issue had received . 30 considerable coverage in the local press and had generated 31 much discussion at Council meetings . The City Council 32 established an Ad Hoc Committee whose makeup included three 33 residents supportive of the ordinance and three residents 34 opposed. 35 36 The Ad Hoc Committee met two times and the City Manager felt 37 these meetings were productive. A representive of the Office 38 of Dispute Resolution was brought in to facilitate the 39 consensus building process . There was a clear consensus of the 40 Committee members that they are pleased and proud of their 41 community and would like to preserve it . The Committee also 42 agreed that they would like to see their neighborhoods clean 43 and a standard developed defining a minimum level . 44 45 Four draft suggestions were received from the Committee and 46 submitted to the Council for its review. The suggestions were 47 based on possible ways to accomplish the issue of good 48 condition ( image) and neighborhood aesthetics versus the 49 proposed parking ordinance. 50 1 PLANNING COMMISSION 40 AUGUST 18 , 1992 PAGE 9 4 5 6 The suggestions are as follows : 7 8 1 . Property Maintenance Code: The City is working on a Housing 9 Maintenance Code that establishes a minimum standard for 10 housing and yard maintenance. Members of the Committee felt 11 this could be expanded to include all property maintenance. 12 13 2 . Reauire Permits : A requirement added which would require 14 all properties with commercial , recreational vehicles , 15 recreational and utility trailers or watercraft get a permit 16 from the City. The Committee suggested that the permit be at 17 no cost or a minimal charge to cover the cost of 18 administration of the permit . 19 20 Vehicles used as a condition of employment would be exempt 21 from the permit process . 22 23 3 . Beautification Committee: This would be a committee 24 appointed by the City Council to handle complaints between 25 neighbors and resident complaints on the appearance of 26 another ' s property. Members of this committee would meet with 27 the property owners to discuss ways to resolve the issue. If the committee could not reach some form of agreement , then the services of a professional mediator would be used. 30 31 4 . City Mediation: The Committee suggested a variation of the 32 Beautification Committee by having the City staff make initial 33 contact in neighbor complaints . Staff would meet with 34 neighbors to discuss issues identified and try to resolve the 35 conflict . If unable to do so,' or if it is a legal matter, the 36 services of Dispute Resolution would be used. 37 38 The Ad Hoc Committee agreed to forward all four suggestions to 39 the City Council with the idea that any one or a combination 40 could be used. 41 42 The City Council reviewed the four suggestions and referred 43 the matter back to the Planning Commission for its review and 44 input . 45 46 Commissioner Gondorchin liked all four suggestions and felt 47 the original version of the ordinance was too severe. He has 48 taken some photos of situations in the City which should also 49 be addressed. He prefers to study this issues before making 50 any recommendations . 1 PLANNING COMMISSION 2 AUGUST 18 , 1992 3 PAGE 10 • 4 5 6 Commissioner Murphy observed that everyone wants to protect 7 the City from further degradation . He also needs more time to 8 study the proposals of the Ad Hoc Committee. 9 10 Commissioner Madden cited some regulations regarding parking 11 in his townhouse development . He indicated a need for further 12 study of the issues . 13 14 Commissioner Thompson agreed that further study is needed. 15 16 Chairperson Faust observed that there were residents in 17 attendance to hear this issue discussed. He encouraged their 18 comments . None were made . 19 20 The City Manager advised he has requested ordinances from 21 other communities which address these issues . He will send 22 copies of these ordinances to members of the Planning 23 Commission as soon as they are received. He observed that all 24 members of the Ad Hoc Committee reflected pride in their 25 community. 26 27 Noting that the City is a very diverse community, the City 28 Manager felt that a level of tolerance and understanding are 29 both needed with dealing with these issues . 30 31 Chairperson Faust inquired if there are any other communities 32 who have beautification ordinances . The City Manager responded 33 he is .not aware of any. He suggested it is difficult to have 34 a group of property owners decide levels of standards . 35 36 The parking ordinance was tabled for further study. 37 38 6 . STAFF UPDATE 39 40 a . Representative to September 8th Council Meeting 41 42 Staff requested a member of the Planning Commission be 43 delegated as its representative at the September 8th Council 44 Meeting. 45 46 Chairperson Faust indicated he will be attending the September 47 8th Council Meeting representing the Planning Commission . 48 49 50 1 PLANNING COMMISSION MEETING 2 AUGUST 18 , 1992 PAGE 11 4 5 6 b. September Plannina Commission Meeting 7 8 The City Manager and the Management Assistant will be 9 attending the ICMA Annual Conference at the time of the 10 regularly scheduled meeting of the Planning Commission in 11 September. At the present time there are no agenda items for 12 the September meeting. 13 14 It was decided that the Planning Commission will not hold a 15 meeting in September. 16 17 c. Sian Ordinance Issues 18 19 In July the Planning Commission discussed the proposed sign 20 ordinance . There were many questions regarding the sign 21 ordinance . These questions were forwarded to the City Attorney 22 for his reply. 23 24 Responses to these questions were distributed to members of 25 the Planning Commission. 26 27 It was noted that the St . Anthony ordinance regarding 3 political signs was stricter than that of the State of �j Minnesota. It was concluded that the proposed ordinance, which 30 was aimed at restricting the size of such signs to 16 square - 31 feet , and the time of display to four weeks prior to the 32 election and three days after, would be unenforceable. 33 34 Commissioner Gondorchin inquired if "activist" type signs 35 could be addressed in the ordinance. . 36 37 The City Manager responded that these are protected by the 38 First Amendment in that they express a personal view. 39 40 The response from the City Attorney regarding amortization was 41 quite lengthy and detailed. Chairperson Faust felt the issue 42 of amortization was quite significant and should be discussed 43 at the October meeting of the Planning Commission. 44 45 The City Manager advised that the matter of the sign ordinance 46 is scheduled to be discussed at the September 1st Council work 47 session . He suggested a designee from the Planning Commission 48 should attend if so desired. 49 50 is 1 PLANNING COMMISSION 2 AUGUST 18 , 1992 3 PAGE 12 4 5 6 d. Status of Plannina Commission By-Laws 7 8 Commissioner Madden inquired as to the status of the Planning 9 Commission by-laws . 10 11 The Management Assistant advised that Draft #2 was presented 12 to the City .Council at the recent joint meeting of the Council 13 and Planning Commission. The Council gave direction to the 14 City Manager regarding the final draft of the by-laws . 15 16 The City Manager noted that the City Council has requested the 17 City Attorney to review the draft and include all of the 18 recommended changes made by the Planning Commission. This 19 matter will be reviewed again at the October meeting of the - 20 Planning Commission. 21 22 7 . COMMISSIONER' S COMMENTS 23 24 . Commissioner Murphy inquired why the sidewalk behind the 25 football field in Central Park was not extended further. 26 27 The City Manager had no answer for this and sees no problem 28 with making this a project . He would suggest the funding come 29 from money realized from pull tab profits of the Athletic 30 Boosters . He noted that the Boosters have funded some other " 31 projects which included the soccer field, re-doing of ball 32 fields and new kiddie equipment . 33 34 35 8 . ADJOURNMENT 36 37 Motion by Madden, second by Gondorchin to adjourn the meeting 38 at 9 : 02 p.m. 39 40 Motion carried unanimously 41 42 43 Respectfully submitted, 44 45 46 Jo-Anne Student , Planning Commission Secretary 47 48 49 50 ain thon .illa e C/ Administrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 789-9602 220OG. Mg70N WHEREAS, the Kiwanis Club of St. Anthony is an organization dedicated to helping community youths educationally and spirituafly; and ` HERE ,S the Kiwanis Club of St. Anthony is also committed to • other community services; and WHEREAS, in order to raise funds for its many and varied programs, the Kiwanis Club of St. Anthony has requested a day be set aside in St. Anthony Nilfage for the sale of peanuts. NOW, THEREFORE, BE IT RE,5OLVED, that the St. Anthony City Council hereby designates Friday,September 25, 1992, as ST. AN PHONY"ryt ANI S PEANUT DAY Mayor • Date • ORGANIZATION AND MISSION STATEMENT SAINT ANTHONY ENVIRONMENTAL QUALITY/RECYCLING COMMITTEE September 8, 1992 PURPOSE The Environmental Quality/Recycling Committee shall provide recommendations to the City Council on issues relating to the environment, water quality and solid waste. More specifically, the Committee's duties shall include but not be limited to: 1. Reviewing development proposals for environmental concerns and storm water quality. 2. Study and make recommendations on solid waste management and recycling. 3. Providing input into the local watershed planning process. 4. Providing educational programs and information to the public on environmental issues. 5. Protection and enhancement of lakes and wetlands. STRUCTURE The Environmental Quality/Recycling Committee shall be a standing committee of the City of Saint Anthony with continuing responsibilities as advisors to the Council and the City staff. The Committee shall consist of eleven members, including a representative from the City Council and Planning Commission. All members of the Committee shall be residents of the City of Saint Anthony. All members shall be voting members. The Committee shall establish its own meeting dates, but shall meet at least four times annually. The members shall be appointed by the Council for two year terms on a calendar year basis. The terms should be staggered, to allow for an orderly rotation. The number of terms served shall be limited if there are other residents who wish to serve on the committee with no other vacant seats available. In case of a vacancy during the term of office of any member of the Committee, the City Council shall appoint a new member to serve the remainder of the term. The members of the Committee shall serve without compensation and may be removed from office at any time by the City. Council. A member having three unexcused absences over a two year term warrants removal from the Committee. PROCEDURES The Environmental Quality/Recycling Committee may adopt rules of procedure consistent with this Statement, City Ordinance, and the statutes of the State of Minnesota. The rules • of procedure may include, but are not limited to, methods of calling meetings, notifying members and the public of meetings, conduct of hearings, methods of voting, and maintaining Committee records. CITY OF ST ANTHONY • RESOLUTION #92-041 A RESOLUTION SETTING PROPOSED 1993 TAX LEVY 1993 BUDGET AND PUBLIC HEARING DATES IN COMPLIANCE WITH THE TRUTH IN TAXATION ACT WHEREAS, the Truth in Taxation Law requires that the City of St. Anthony provide Hennepin and Ramsey Counties with a proposed 1993 Tax Levy and Budget; and WHEREAS, the information required for the City Council to make a definitive tax levy cannot be determined until the City of St. Anthony holds its public hearings; and WHEREAS, the furnishing of this proposed .tax levy is made contingent on any revisions being allowed if the current law is modified. NOW, THEREFORE, BE IT RESOLVED that: 1) the proposed tax levy for 1993 is: • General Fund Levy $1,603,200 Housing and Redevelopment Authority Levy 20,000 Certificate of Indebtedness 76,415 $1,699,615 BE IT FURTHER RESOLVED that: 1) the hearing date for the adoption of the 1993 proposed budget be set at December 9, 1992, 7:30 P.M., at its Council Chambers and if necessary be reconvened on December 10, 1992, 7:30 P.M., at its Council Chambers. Adopted this day of , 1992 Mayor ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY RESOLUTION 92-042 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE ACCESS AGREEMENT BETWEEN THE MINNESOTA POLLUTION CONTROL AGENCY AND THE CITY OF ST. ANTHONY WHEREAS, the Minnesota Pollution Control Agency (MPCA), the United States Environmental Protection Agency (EPA), and the U.S. Army are cooperating in the investigation and clean up of contamination from the Twin Cities Army Ammunition Plant which has affected the City of St. Anthony; and WHEREAS, the City of St. Anthony wishes to cooperate in this effort by approving the installation of sample monitoring wells to be located on property owned by the City and within City easements. • NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Access Agreement Between the Minnesota Pollution Control Agency and the City and authorizes the Mayor and City Manager to execute said Agreement on behalf of the City. Adopted this day of , 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • • ACCESS AGREEMENT BETWEEN MINNESOTA POLLUTION CONTROL AGENCY AND CITY OF ST.ANTHONY WHEREAS, the Minnesota Pollution Control Agency ("MPCA" or" "Agency") has statutory authority to enter upon public and private property for the purpose of conducting surveys and investigations; and WHEREAS, the MPCA, the U.S. Environmental Protection Agency ("EPA') and the U.S. Army are cooperating in investigation and cleanup of the contamination at and migrating from the Twin Cities Army Ammunition Plant ('TCAAP") which has affected the cities of Arden Hills, New Brighton,St. Anthony, Shoreview and surrounding areas. WHEREAS, the Army has the approval of the EPA and MPCA to install, measure and sample monitoring wells to be located on property owned by the City and within City easements; and • WHEREAS, the City wishes to cooperate with the Army, EPA and MPCA in their effort to investigate and remedy ground water contamination. NOW THEREFORE, the MPCA and the City hereby agree as follows: 1. The City agrees: a. That the MPCA and its employees or its agents, including the Army and its contractors, may have access at reasonable hours to its property and easements located at the locations on Attachment 1. b. That the MPCA and its employees or its agents, including the Army and its contractors, may install, measure and sample monitoring wells on the property and easements described in Attachment 1. C. That the City shall not convey any title, easement or other interest in the property without provision for the continued access by MPCA for the above purposes. • A That the City will notify the MPCA Commissioner.by certified mail, at least thirty (30) days prior to any conveyance, of the property owner's intent to convey any • interest in the property and of the provisions made for continued access by the MPCA for the purposes described above. 2. The MPCA agrees: a. That it and its agents shall not select locations for the monitoring-wells on City property that unduly interfere with the City's normal use of the property. b. That it and its agents shall notify the City at least three days in advance of well installation and of the location of the well. C. That it and its agents shall maintain the monitoring wells during the installation and for the duration of the project. d. That it and its agents shall, upon expiration of this agreement or upon completion of the project, whichever occurs first, abandon the monitoring wells in accordance with the Minnesota Department of Health Well Code. e. That it and its agents, as a condition to commencement of work, shall • provide evidence satisfactory to the St. Anthony City Manager that the well driller(s) to perform work on City property will (i) hold the City harmless from all liabilities, claims, losses, and expenses arising out of or in connection with the work performed by reason of the acts, operations or negligent omissions of the well driller(s), (ii) obtain comprehensive general liability insurance in an amount not less than $1 million, (iii) obtain workers compensation in an amount of not less than $100,000, and (iv) obtain automobile liability insurance providing coverage not less than $200,000 per person and $500,000 per occurrence. f. That it and its agents will restore any grounds, or property damaged or altered in connection with the construction, operation, maintenance or abandonment of the wells including, but without'limiting the foregoing, the replacement of sod, removal of • -2- spoils, and restoration of grade, to as close to its original condition as is reasonably possible under the circumstances. In addition, the wells located on Rankin Road as shown on Attachment 2 shall be landscaped with not less than 3 evergreen shrubs per well for the purpose of maintaining the aesthetic appearance of the neighborhood in coordination with the City. 3. This Access Agreement may be amended in writing upon agreement of the parties. 4. This Access Agreement will expire upon written notification from the MPCA that the project has been completed, although the MPCA may elect to terminate the agreement at an earlier date by giving written notice to the City. NIINNPOIAP ELUTION CONTROL AG CY Gary Pu rd Mayor Chief, Sit;717/7 once ection Dated: City Manager Dated: sanx:cs7 -3- • CITY OF ST. ANTHONY RESOLUTION 92-043 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE LEASE AGREEMENT, BOTH WITH REGARD TO CITY-OWNED PROPERTY LOCATED AT 2700 HIGHWAY 88 IN THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony, being the owner of the building located at 2700 Highway 88 and Lawrence W. Manning had entered into a rental agreement on October 26, 1987 for space in said building; and WHEREAS, by mutual agreement, said parties desire to terminate that rental agreement; and WHEREAS, Highwood Food Services, Inc. desires to enter into a lease agreement with the City of St. Anthony for said space at 2700 Highway 88. • BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the Mayor to execute the Lease Termination and Mutual Release Agreement, attached hereto, by and among the City and Manning's Cafe, Inc., and Lawrence W. Manning. BE IT FURTHER RESOLVED, that, in addition, the City Council of the City of St. Anthony hereby authorizes the Mayor and City Manager to execute the Lease Agreement attached hereto between the City and Highwood Food Services, Inc. on behalf of the City of St. Anthony. Adopted this day of ) 1992. Mayor ATTEST: City Clerk • Reviewed for administration: City Manager • LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT THIS LEASE TERMINATION AND MUTUAL RELEASE AGREEMENT ("Agreement") is made and entered into as of the JLAr day of August, 1992, by and among the City of St. Anthony (the "City"), Manning's Cafe, Inc. ("Manning"), and Lawrence W. Manning ("Guarantor"). RECITALS: A. The City, as lessor, and Manning, as lessee, entered into that certain Lease Agreement dated November 3, 1987 (the "Lease"), under the terms of which the City leased to Manning certain premises consisting of approximately 507 square feet of kitchen space and 267 square feet of office and storage space (the "Leased Premises"), in the building located at 2700 Highway 88, St. Anthony, Minnesota, as more particularly described in the Lease. B. Guarantor has executed that certain Guaranty dated October 26,1987 (the "Guaranty") relating to the Lease. • C. The City and Manning desire to terminate the Lease in accordance with the terms and conditions hereinafter set forth. D. The City, Manning and Guarantor also desire to resolve all disputes, whether existing or potential, known or unknown, whether mentioned herein or not, that arise out of any representation, action or inaction occurring in connection with the Lease prior to the date of this Agreement, without the need for litigation, according to the terms contained herein. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Termination. The Lease shall, without the further act of the parties hereto, terminate as of 11:59 P.M. on September 15, 1992 (the "Effective Date")., and shall thereafter be of no further force or effect whatsoever; provided, however, that the obligations of Manning under this Agreement shall survive the termination of the Lease, and Guarantor shall remain personally liable under the Guaranty for Manning's performance hereunder. 2. Survival Until Termination. During the period of time intervening • between the date-of execution of this Agreement and the Effective Date, the City and Manning shall remain responsible for the performance of their respective covenants and obligations under the Lease, and the Lease shall remain in full force • and effect until the Effective Date. 3. Surrender. Manning shall surrender the Leased Premises to the City on the Effective in good condition and repair, reasonable wear and tear during the term of the Lease excepted, in accordance with the provisions of Section 23 of the Lease. On or before the Effective Date, Manning shall remove from the Leased Premises all furniture, inventory and other personal property owned by Manning, except for any such items that are being sold to Erich Schuhmacher ("Schuhmacher"), and any damage caused to the Leased Premises by Manning in connection with the removal of such items shall be repaired promptly by Manning, at Manning's expense. All personal property of Manning left in or about the Leased Premises upon the termination of the Lease, except for any such property that has been sold to Schuhmacher, shall thereupon become the property of the City, to be disposed of by the City as it deems expedient. 4. Release. (a) Manning and Guarantor hereby waive, release and relinquish all rights, claims and defenses they may have against the City, its elected officials, employees, agents and other representatives, that arise out of any representation, action or inaction occurring in connection with the Lease or the Guaranty prior to the date of this Agreement. • (b) Except as otherwise stated in this Agreement, the City hereby waives, releases and relinquishes all rights it may have against.Manning or Guarantor and their respective officers, partners, employees, agents and other representatives that arise out of any representation, action or .inaction occurring in connection with the Lease or the Guaranty prior to the date of this Agreement. Notwithstanding anything in this Agreement to the contrary, the City does not waive, release or relinquish any rights it may have against Manning or Guarantor (i) in the nature of contribution for or indemnification of claims which may be asserted against the City by any third party, including without limitation Bruce Johnson of Restaurant Brokers of Minnesota, Inc., by reason of any representation, action or inaction of Manning, or (ii) for breach of any of the terms, covenants or conditions contained in this Agreement. (c) All waivers, releases and relinquishments set forth herein are made on behalf of the parties, their heirs, legatees, devisees, executors, trustees, beneficiaries, assigns, officers, partners, directors, shareholders, employees and agents, and include any and all manner of actions or inactions, suits, claims, demands, judgments and levies of execution, -2- • ' whether direct, indirect or derivative, liquidated or unliquidated, fixed or contingent, known or unknown. 5. Brokerage Commission. The City has been informed that Manning has engaged the services of Bruce Johnson at Restaurant Brokers of Minnesota, Inc. Manning represents and warrants that it has not dealt with any other brokers, finders or the like in connection with the sale of Manning's business operated at the Leased Premises or the sale of any equipment used in connection therewith, and that any and all brokerage commission, finder's fee or similar fees or charges owing to Bruce Johnson or Restaurant Brokers of Minnesota, Inc. in connection with said transactions shall be paid by Manning. Manning agrees to indemnify and to hold the City harmless against all claims, damages, costs and expenses of or for any and all brokerage commissions, finder's fees or similar fees or commissions resulting from its actions or agreements regarding said transactions, and will pay all costs of the City, including reasonable attorney's fees, of defending any action or lawsuit brought to recover any such brokerage commissions, finder's fees or similar fees. 6. Schuhmacher's Right of Entry. Manning hereby agrees to allow Schuhmacher, and his agents, employees and representatives, to enter onto the Leased Premises or any part thereof at any time during the hours that Manning is open for business at the Leased Premises from September 4, 1992 though and including the Effective Date for the purposes of observing the operations of the • restaurant and to move equipment, inventory and supplies owned by Schuhmacher into the Leased Premises; provided that such entry shall not unreasonably interfere with'Manning's use of the Leased Premises, and provided that any such entry shall be subject to reasonable requirements that Manning may impose to protect recipes and/or trade secrets located on the Leased Premises. It is agreed and understood that the City shall not be liable for any damages, costs, expenses, losses or claims of any nature whatsoever arising out of, or in any way relating to, any such entry by Schuhmacher, or his agents, employees and/or representatives. 7. Attorneys' Fees. If any action or claim is brought or asserted to enforce any term, covenant or condition of this Agreement, the successful party in said action or in said claim shall be awarded its reasonable costs and expenses, including reasonable attorneys' fees incurred-therein. 8. Entire Agreement. This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and no other agreement, understanding or representation of or by the parties made at any time prior to or contemporaneously with the signing of this Agreement shall be effective for any purpose except as set forth herein. -3- i II' IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF ST. ANTHONY By Its 1Z n y n r MANNING'S CAFE, INC. By I La ence-W. Mannin • 0- 31, 1 g -4- • LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made in this 31 . day of August, 1992, by and between the CITY OF ST. ANTHONY ("Lessor"), and HIGHWOOD FOOD SERVICES, INC. ("Lessee"). WITNESSETH: That Lessor in consideration of rents and covenants, hereinafter mentioned, to be paid and performed by said Lessee, does hereby demise, lease and let unto Lessee, and Lessee does hereby hire and take from Lessor, the following described premises situated in the City of St. Anthony, County of Hennepin, State of Minnesota, to-wit (the "Leased Premises"): The ground floor kitchen space in the building (the "Building") at 2700 Highway 88, St. Anthony, Minnesota shown cross-hatched on the floor plan drawing attached to this Lease as page one of Exhibit A (comprising approximately 507 square feet), together with the basement storage and office space in the Building shown* cross-hatched on the drawing attached to this Lease as • page two of Exhibit A (comprising approximately 267 square feet); together with the use Lessor's table and seating area in the Building, to be used by Lessee in accordance with the provisions of this Lease in common with Lessor's use of such area in conjunction with Lessor's operation of a bar in the Building. TO HAVE AND TO HOLD the Leased Premises AS-IS, without any liability, or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about Leased Premises or the Building, or the equipment, fixtures, plumbing, appliances, or machinery in, upon or serving same, or the streets, alleys, areas, area-ways or passages adjoining or appurtenant thereto, for the term of five years and fifteen days from and after the 16th day of September, 1992 through the 30th day of September, 1997, both dates inclusive, for the following purposes and for no other purposes, to-wit: The Leased Premises will be used only for a restaurant and storage of inventory in connection therewith. Lessee agrees to operate a restaurant from the Leased Premises at all times during the term of this Lease on all days Lessor's bar in the Building is open for business unless prevented from doing so by fire, accident, acts of God or other acts beyond Lessee's control, excluding financial causes, and Lessee agrees to continuously operate the restaurant on said days for no less than the hours between (a) 11:00 A.M. and 10:00 P.M. on Mondays and Tuesday, (b) 11:00 A.M. and 11:00 P.M. on Wednesdays, Thursdays and Fridays, and (c) 8:00 A.M. and 11:00 P.M. on Saturdays, all with normal table service, using at all times a sufficient number of adequately-training personnel for efficient • service. Lessee agrees to conduct the restaurant in a first-class manner, consistent with normal restaurant standards and practices. Lessee agrees that all liquor and soft drinks other than coffee, tea and milk will be served from Lessor's bar and that all revenues relating to that sale of such beverages will belong to Lessor. Lessee agrees that no cigarettes will be sold by Lessee. Lessee agrees to pay Lessor as base rent for the Leased Premises the sum of Seventy Thousand Two Hundred and No/100ths Dollars ($70,200.00) in monthly payments, subject to increases provided hereinafter, said monthly payments being made as follows: (i) on November 16, 1992, Lessee shall pay Lessor as base rent for the period commencing on November 16, 1992 through and including November 30, 1992, the sum of Six Hundred and No/100ths Dollars ($600.00); (ii) commencing on the 1st day of December, 1992 and on the 1st day of each and every month thereafter for and during the full term of this Lease, Lessee shall pay Lessor the balance of said base rent in fifty-eight (58) consecutive monthly payments of One Thousand Two Hundred and No/100ths Dollars ($1,200.00). Each of said payments shall be delivered to Lessor at the office of the Lessor as designated from time to time. Lessor hereby waives the payment of base rent and additional percentage rent (as set forth in Section 16 of this Lease) for the period commencing on September 16, 1992 through and including November 15, 1992. 1. LESSEE TO MAINTAIN AND SURRENDER LEASED PREMISES IN • GOOD ORDER. Lessee also covenants and agrees with the Lessor as follows: That Lessee will keep at its own expense the Leased Premises and the equipment, plumbing, drains, fixtures, appliances and machinery in, upon, serving or appurtenant to the Leased Premises, including without limitation the Restaurant Equipment (as defined in Section 24 of this Lease), in good repair and in good sanitary condition during said term, and that it will at its own expense promptly 'repair and/or replace (with any such replacement being the same quality as the item being replaced) any and all of said items as necessary keep the same in good order, and will promptly replace at its expense any and all glass broken in or about the Leased Premises with glass of the same quality; that it will make no alterations in or additions to the Leased Premises, without first obtaining the Lessor's written consent, and that it will not permit any use of the Leased Premises which are not consistent with the purposes set forth above, and that it will not in any manner deface or injure the Leased Premises, or any part thereof, or overload the floors, or, to the extent reasonably within the control of Lessee, do or permit anything to be done upon the Leased Premises or in the passageways, alleys, areas, area-ways, sidewalks or streets adjacent thereto, that will amount to or create a nuisance; and that it will not use the Leased Premises or permit the same or any part thereof to be used for lodging or sleeping purposes, or for any purpose contrary to the laws, -2- • • ordinances or regulations of the United States of America, the State of Minnesota, the City of St. Anthony or of any boards or officers of said City; and that Lessee agrees to return the Leased Premises peaceably and promptly to the Lessor at the end of the term of this Lease, or at any previous termination thereof, in as good condition as the same are now in or may hereafter be put in, loss by fire or other casualty and ordinary wear excepted. 2. ICE AND SNOW: UTILITIES. Lessor covenants and agrees to keep the sidewalks bordering on the Leased Premises at all times reasonably free from ice and snow and other obstructions. Lessee covenants and agrees to neither waste nor misuse water, electricity, gas, steam, or other utilities or agencies which are or may be furnished by the Lessor, and to promptly pay all rates, costs and charges for the same, except as to such of the same, if any, as Lessor has specifically agreed herein to furnish free of charge. All utilities servicing the Leased Premises will be separately metered and will be paid for by Lessee from and after the commencement date of this Lease through and including the date that this Lease is.terminated. .3. SIGNS. Lessee shall not erect or permit to be erected any sign on the Leased Premises or on the exterior of the Building without the prior written consent of iLessor, which consent may be arbitrarily withheld. Lessee shall not place or permit to be placed in any portion of the Leased Premises any fixtures, equipment or materials the weight of which is in excess of the reasonable or safe carrying capacity of the Building. 4. CONDITION OF PREMISES; RELEASE OF LESSOR. Lessee acknowledges the receipt of the Leased Premises and the same to be in tenantable condition, and acceptable to the Lessee; and the Lessee hereby releases the Lessor from any and all claims arising from any defects in the condition of the Leased Premises, or the equipment, fixtures or appliances in or serving the Lease Premises, including without limitation the Restaurant Equipment. 5. SUBLEASING. Lessee agrees that it will not sublet,the Leased Premises, or any part . thereof, and will not assign this Lease or any interest therein, not permit this Lease to become transferred by operation of law or otherwise, and that no act or acts will be done or suffered whereby the same may be or become sublet or assigned in whole or in part. Lessee agrees that the restaurant at the Leased Premises will be operated by Lessee and Lessee only, or by day or shift managers who are employed by, and under • -3- the direction of, Lessee, and that Lessee will not contract with anyone else for the • operation or management of said restaurant. Lessee shall not sell, assign or otherwise transfer a controlling interest in the stock of Lessee without Lessor's prior written consent. 6. BANKRUPTCY. Any assignment, sale in bankruptcy or insolvency of Lessee may, at the option of the Lessor, be considered an assignment within the meaning of this Lease and as a breach of the covenants hereof. 7. LIABILITY AND RISK OF LOSS. The parties agree that Lessee will have no part in the conduct of Lessor's liquor operation in the Building, except that the parties intend to arrange for use of Lessee's employees who are serving food to also serve beer, wine and liquor on behalf of Lessor; provided that Lessee's employees shall be certified in accordance with requirements established by Lessor's liquor liability insurance carrier prior to serving any beer, wine or liquor on behalf of Lessor, and provided further that such employees shall not be deemed to be Lessor's employees as the result of any such activities. Lessor agrees that in the event that Lessee's employees are serving beer, wine or.liquor, Lessee shall be named as an additional insured on Lessor's policy of liquor liability insurance, so long as such employees have been certified in accordance with requirements established by Lessor's liquor liability • insurance carrier prior to serving any beer, wine or liquor on behalf of Lessor and that if Lessor is self-insured and has filed a bond with the State of Minnesota related to such self-insurance, then Lessor shall name Lessee as an additional party on the bond. The cost of certifying Lessee's employees as provided in the foregoing provisions of this paragraph shall be paid by Lessor, except that any wages or hourly rates owing to any such employees for time spent by such employees in connection with such certification shall be paid by Lessee. Lessee agrees that Lessor shall not be liable to Lessee, or its employees, with respect to any injury or damage or loss of property sustained by Lessee, or its employees, by reason of Lessee's use of the Leased Premises, of the Building, or by use of any streets, sidewalks or other areas adjoining or appurtenant to the Leased Premised or the Building, unless such damage or loss is caused by Lessor's gross negligence or willful misconduct. Except as otherwise expressly set forth herein, .Lessee assumes all risk of loss of or damage to Lessee's equipment, fixtures or other property within the Building, including without limitation any loss or damage caused by water leakage, bursting of pipes, fire, windstorm, explosion, theft, or other cause. -4- • 8. LIABILITY OF LESSOR AND LESSEE. Except as expressly set forth hereinabove in Section 7 of this Lease relating to the sale of liquor and the liability of Lessor therefor and with respect to damage or loss cause by Lessor's gross negligence or willful misconduct, Lessee assumes all liability and obligation on account of all damages on account of the matters and things above referred to, and agrees to save Lessor harmless thereon and therefrom, and to indemnity Lessor on account thereof, unless any such damage is caused by the sale of liquor or Lessor's gross negligence and willful misconduct. This provision shall apply especially, but not exclusively, to damage caused by water, snow, rain, hail, backing up of water mains or sewers, frost, steam, sewage, illuminating gas, sewer gas, or odors, electricity and electric current, and by the bursting, stoppage or leaking of pipes or radiators, plumbing, sinks and fixtures in or about the Leased Premises or the Building. In case of such damage Lessor may at its option repair such damage, and if such damage has occurred in the Leased Premises or on account of the defects in the Leased Premises, or in the equipment, fixtures, appliances, or machinery in, upon or serving same against which Lessee has agreed to make repairs, Lessee shall thereupon reimburse Lessor for the costs of repairing such damage, excluding the amount of any net insurance proceeds paid to Lessor (after deducting therefrom the any expenses incurred by Lessor in collecting such proceeds), and if the Lessee fails to perform any of the covenants or agreements herein provided to be kept or performed by Lessee, the Lessor may perform the same and charge Lessee with the expense of such performance, and Lessee agrees ipromptly on demand to repay to Lessor the cost of such performance by Lessor. Any language above to the contrary notwithstanding, Lessor shall be responsible to maintain the structural integrity of the Leased Premises, to maintain the roof thereof in a watertight condition, and to maintain heating and electrical to the Leased Premises. 9. LESSEE TO COMPLY WITH CITY REGULATIONS. Lessee further covenants and agrees at is own expense to observe and keep all regulations and requirements of the City of St. Anthony or other public authorities in force at the time of the taking possession by Lessee of the Leased Premises or which may thereafter by made regarding the condition and conduct of the Leased Premises, any part thereof, including all buildings, fire, sanitary, police or other regulations. Lessee will, at its expense, promptly comply with all licensing and permit requirements of any governmental authority or agency, and with any other laws, regulations and governmental orders pertaining to the Leased Premises or the operations of Lessee to be conducted in the Leased Premises. Lessee will pay all license fees, taxes, an other charges by any governmental authority on Lessee's property or fixtures or business in the Leased Premises or relating to Lessee's use of the Leased Premises. Lessee will not commit or permit any act or omission which -5- III I results in the violation of any law, governmental regulation or insurance policy of Lessor relating to the Building or which will increase Lessor's insurance rates on the Building. 10. TAKING FOR PUBLIC USE. Lessee further agrees that if the Leased Premises, or any part thereof, or any part of the improvements of which they form a part, shall be taken for any street or public use, or shall during the continuance of this Lease be destroyed by the action of the public authorities, then this Lease shall thereupon terminate. Lessor shall be entitled to the full amount of any award or payment for the taking of the real estate. Lessee shall be entitled only to separate payments, if any, made for the loss of good will relating to Lessee's restaurant operation, Lessee's trade fixtures and payments made under applicable relocation regulations; provided that Lessee shall in no event be entitled to any part of the award for the taking of the real estate or leasehold estate. 11. DESTRUCTION BY FIRE. It is further agreed between Lessor and Lessee that if during the term of . this Lease or any renewal hereof the Leased- Premises or the improvements thereon shall be injured or destroyed by fire or the elements, or through any other cause, so as to render the Leased Premises unfit for occupancy, or makes it impossible to conduct the business of Lessee thereon, or to such an extent that they cannot be • repaired with'reasonable diligence within one hundred twenty (120) days from the happening of'such injury, then either party may terminate this Lease from the date of such damage or destruction, and Lessee shall immediately surrender the Leased Premises and all interest therein to Lessor, and Lessee shall pay rent only to the time of such surrender; and in case of any such destruction or injury Lessor may re-enter and repossess the Leased Premises discharged of this Lease, and may dispossess all parties then in possession thereof. But if the Leased Premises can be restored within one hundred twenty (120) days from the happening of the injury thereto, and Lessor within thirty (30) days from the occurrence of such injury elects in writing to so repair or restore the Leased Premises within one hundred twenty (120) days from the happening of the injury thereto, then this Lease shall not end or terminate on account of such injury by fire or otherwise, but the rent shall not run or accrue after the injury and during the process of repairs, and up to the time when the repairs shall be completed, except only that Lessee shall during such time pay a pro rata portion of such rent apportioned to the portion of the Leased Premises which are in condition for occupancy, then Lessor shall repair the same with reasonable promptness, and in that case the rent shall be reasonably adjusted to account for any diminished use or value to Lessee. -6- 12. QUIET ENTOYMENT. • Lessor agrees and covenants that Lessee, on paying the rent and gr P Yl g performing the covenants aforesaid, shall and may peaceably and quietly have, hold and enjoy the Leased Premises for the term aforesaid, except as in this Lease otherwise provided. 13. BOND AGAINST LIENS. .It is understood and agreed with respect to all alterations and repairs, improvements or alterations to the Leased Premises, or any part thereof, which shall only be with the written consent of Lessor as set forth above, that Lessee shall and will in each instance save Lessor and the Leased Premises forever harmless and free from all costs,,damages, loss and liability of every kind and character which may be claimed, asserted or charged, including liability to adjacent owners based upon the acts of negligence of Lessee or its agents, contractors or employees, or upon the negligence of any other person or.persons in or about the Leased Premises or upon the failure of any of said parties to observe and comply with any requirement of the law or with the regulations of the authorities in the City of St. Anthony and will preserve and hold Lessor and the Leased Premises forever free and clear from liens for labor and material furnished. Lessee further agrees that it will from time to time before making any such repairs, improvements or alterations furnish Lessor with a bond in an amount reasonably satisfactory to Lessor conditioned for the • performance by Lessee of the matters and things in this Section required to be done by Lessee. 14. RIGHT OF RE-ENTRY: SUBLEASING AND TERMINATION OF LEASE UNDER BANKRUPTCY. It is further agreed between Lessor and Lessee that this Lease is made upon the condition that if Lessee shall neglect or fail to keep, observe and perform any of the covenants and agreements contained in this Lease, which are to be kept, observed or performed by Lessee, or if the leasehold interest of Lessee shall be taken on execution or other process of law, or if-Lessee shall petition to be or be declared bankrupt or insolvent according to law, or if Lessee shall vacate the Leased Premises or abandon the same during the term of this Lease or cease to operate the restaurant at the Leased Premises as required herein during the term of this Lease, then and in any of said cases, Lessor may immediately or at any time thereafter, demand, enter in and upon the Leased Premises, or any part thereof, in the name of the whole, and take absolute possession of the same fully and absolutely, without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by Lessee for the full term of this Lease, and may at Lessor's election lease or sublet the Leased Premises, or any part thereof, and after crediting the rent actually collected by Lessor from such reletting on the rentals stipulated to be paid under this Lease by -7- Lessee from time to time, collect from Lessee any balance remaining due from time • to time on the rent reserved under this Lease, charging to Lessee such reasonable expenses as Lessor may expend in putting the Leased Premises in tenantable condition; or Lessor may at its election and upon written notice to Lessee declare this Lease forfeited and void, and may thereupon re-enter and take full and absolute possession of the Leased Premises as the owner thereof, and free from any right or claim of Lessee, or any person or persons claiming through or under Lessee, and such election and re-entry last mentioned shall be and constitute an absolute bar to any right to enter by Lessee upon the payment of all arrearages of rent and costs after a dispossession under any suit or process for breach of any of the covenants of this Lease, Lessee hereby waiving any and all redemption rights under Minnesota Statutes, Section 504.02, and the commencement by Lessor of any action to recover possession of the Leased Premises shall be deemed a sufficient notice of election of said Lessor to treat this Lease as void and terminated, unless Lessor shall in writing, before beginning such proceeding, notify the Lessee that after obtaining such possession Lessor will continue to look to Lessee for the performance of this Lease and will submit the Leased Premises on Lessee's account, in the manner as above provided. 15. REAL ESTATE TAXES. Lessee covenants and agrees that it is responsible for any and all real estate taxes or any payments in lieu of real estate taxes due to Hennepin County on • the Leased Premises during the term of this Lease and any extensions thereof; provided that if any such taxes or payments in lieu are assessed against the Building or the Leased Premises, Lessee shall not be obligated for any such taxes or payments if Lessee elects to terminate this Lease, which election shall be made, if at all, by giving written notice to Lessor (the "Termination Notice") within 15 days from the date that Lessee receives noti ce from Lessor of any such assessment. If Lessee delivers a Termination Notice to Lessor in accordance with the immediately foregoing proviso, the Lease,shall terminate on the date which is 60 days after the date that Lessor receives the Termination Notice, without any further action of the parties hereto, and Lessee shall vacate the Leased Premises on said- termination date in accordance with Section 23 herein, and thereafter neither party shall have any further obligation under this Lease, except with respect to any accrued obligation thereto unpaid or unperformed. 16. PERCENTAGE RENTAL AGAINST MINIMUM RENTAL. In addition to the base rent provided for in this Lease, Lessee shall pay. to Lessor, as additional rent for each lease month (as defined hereinafter), an amount equal to the amount by which six (6) percent of gross sales (as defined hereinafter) for each such lease month exceeds the sum of One Thousand Two Hundred and No/100ths Dollars ($1,200.00). The term "lease month" shall mean -8- the partial calendar month period commencing on the 16th day of November, 1992 • through and including November 30, 1992, and each succeeding calendar month (or part thereof) thereafter.during the term of this Lease. 17. GROSS SALES. The term "gross-sales" shall mean the selling price of all merchandise or services sold or delivered in, at, on or from any part of the Leased Premises and shall include sales and charges for cash or credit, regardless of collections in the case of the latter, but shall exclude (i) returns and refunds in fact made by Lessee, (ii) exchange of merchandise between stores or warehouses of Lessee where such , exchanges are made solely for the convenient operation of Lessee's business and not i for the purposes of consummating a sale which has been made at, in, on or from the Leased Premises, (iii) the amount of any city, county, state or federal sales, luxury or excise tax on such sales which is both added to the selling price (or absorbed therein) and paid to the taxing authority by Lessee (but not by any vendor of Lessee), (iv) the selling price of merchandise delivered to Lessee at the Leased Premises for sale to the public but not yet sold to the public, (v) bad debts provided Lessee writes such bad debts off its books, NO trading stamps or other premiums distributed by Lessee. A sale shall be deemed to be made in the Leased Premises if any order therefore is secured or received.in the Leased Premises, whether or not such order is filled in the Leased Premised or elsewhere or if, pursuant to mail, telegraph, telephone or other similar means, orders are receive or filled at or from the Leased Premises. If any • part of Lessee's business shall be sublet, pursuant to the provisions of this Lease, by Lessee or conducted by any person, firm or corporation other than Lessee, then there shall be included in gross sales for the purpose of fixing the percentage rate payable hereunder all the gross sales of such other person in the same manner and with the same effect as if the business or sales of such other person had been conducted by Lessee itself. Lessee shall, during the term hereof, keep for a period of two years following the.end of each lease, year, a permanent, complete and accurate record of all sales of merchandise.or services and all revenue derived from the business conducted in the Leased Premises by Lessee and by all other persons conducting any business upon the Leased Premises. Lessee shall submit to Lessor within twenty (20) days following the end_ of each lease month a written statement in a form acceptable to Lessor signed and certified by Lessee to be a true and correct statement of the amount of gross sales during the preceding lease month and containing such other information as Lessor may reasonably request, and Lessee shall at the same time pay to Lessor the amount of percentage rent, if there be any due, as shown by said statement. Lessee will keep in an orderly manner and at a location in the Minneapolis/St. Paul metro area notice of which has been furnished to Lessor, a permanent accurate set of books and records of all purchases and sales of e -9- merchandise and all revenue derived from business conducted in the Leased • Premises kept according to sound accounting principles. Lessee will keep excise tax reports, state sales tax reports (including quarterly and annual reports with information necessary to isolate sales from the Leased Premises), business and occupation tax reports, gross income tax reports, general ledgers, other financial registers or books of original entry such as are customarily kept and maintained in the restaurant business in the Minneapolis/St. Paul metro area, and monthly financial statements. Such records will be retained for at least two years after the expiration of each lease year. Lessor, or its duly authorized representatives, will have access, at all reasonable times during ordinary business hours at the above said location, to the books and sales records of the Lessee for the purpose of inspecting and auditing to verify gross sales. Lessor agrees to keep all such information confidential. If Lessor conducts an audit of gross sales and the audit establishes gross sales in an amount which exceeds the gross sales reported by Lessee by five percent (5%) or more, Lessee will promptly pay the cost of the audit. Lessor will provide Lessee with a copy of any audit conducted. 18. WAIVER OF SUBROGATION. If any property of Lessee, its agents, employees, representatives, customers, invitees or others claiming through or under Lessee, which may be at any time in or about the Leased Premises or the Building, is damaged or destroyed, • all claims against Lessor, its agents, employees, representatives and invitees and all right of subrogation of any insurance company carrying any insurance covering said loss or damage are hereby waived by Lessee. If any damage to or destruction of the Leased Premises or the Building occurs by causes which could be covered by standard Minnesota form fire and extended coverage insurance, all claims of Lessor against Lessee, its agents, employees, representatives and invitees for any such loss and damage and all right of subrogation of any insurance company carrying any insurance covering such loss or damage are hereby waived by Lessor. 19. NOTICE UPON DEFAULT. If Lessee defaults in its performance of any covenant or agreement contained in this Lease, the Lessor shall give Lessee written notice of such default and Lessee shall have ten (10) days in which to.cure such default before Lessor may exercise its remedies outlined above. -10- • • 20. INSURANCE. Lessee agrees that it will reimburse Lessor for ten (10) percent of the cost of insuring the Building against loss by reason of fire, storm, or other extended or "all-risk" casualties. Upon payment by Lessor of the premiums for such insurance, Lessor shall submit to Lessee a statement of Lessee's share of such insurance costs, and Lessee shall promptly reimburse Lessor for its percentage share. Lessee agrees, at Lessee's own cost and expense, to maintain in force throughout the term of this Lease, and any renewals hereof public liability insurance with limit of not.less than $1,000,000.00. The insurance policy or policies shall be issued by an insurance company or insurance companies reasonably satisfactory to Lessor and such policy or policies shall name Lessor as an additional insured with respect to obligations under this Lease. Lessee further agrees to deliver to Lessor certificate(s) of insurance evidencing such insurance coverage. Lessee shall keep all of its fixtures and equipment located on the Leased Premises, either now owned or acquired at any time in the future, insured against loss by fire or other casualty and shall provide.Lessor with a copy of such insurance and evidence that the premiums have been paid. 21. RENEWAL OPTION. Lessor ants Lessee the option to.extend the term of this grants p s Lease for one additional period of five(5) years, subject to the following conditions: - (a) At.time Lessee exercises the option, Lessee is not in default under this Lease. (b) Lessee gives Lessor at least six (6) months before the end of the term written notice of Lessee's election to extend. (c) The extended terms will be on the same terms, covenants and conditions provided during the initial term, except there will be no further option to extend, and the monthly base rent for the extension of the term will be an amount equal to the monthly base rent.for the initial term of this Lease multiplied by a fraction, the.numerator of which is the Consumer Price Index ("CPI") most recently published at the commencement of the renewal term, and the denominator of which is the most recently published CPI at the commencement of the initial term. In no event will the monthly base rent for renewal term be less than the monthly base rent for the initial term. For purposes of this Lease, the term "lease year" means the twelve-month period following commencement of this Lease and successive twelve-month periods thereafter. • -11- For purposes of this Lease, "Consumer Price Index" or "CPI" . means the Consumer Price Index for All Urban Consumers, Minneapolis-St. Paul, Minnesota-Wisconsin, All items (1982-84 = 100), as promulgated by the Bureau of Labor Statistics of the United States Department of Labor. If a substantial change is made in the method of establishing the CPI, the CPI will be appropriately adjusted to a figure that would have resulted had no such change occurred. If the CPI is not available, a reliable governmental or other non-partisan publication establishing a comparable index selected by Lessor will be used. (d) At the request of either, Lessor and Lessee will execute and deliver appropriate documents covering extension of the term, the new monthly rent and other terms of the Lease during the extended term. 22. WATER. Lessee agrees to pay for all water used in the operation of dishwashers, refrigeration used on the Leased Premises at the same rates charged by the Water Department of the City of St. Anthony, Minnesota. 23. VACATION OF PREMISES. Lessee, upon leaving the Leased Premises, shall at its own expense remove all ashes, dirt, rubbish and refuse, and upon Lessee's failure to do so, Lessor s may immediately without further notice to Lessee do the same at Lessee's expense, which Lessee shall immediately pay upon receipt of a bill for same from Lessor. Any holding over by Lessee after the expiration of this Lease or any renewal thereof shall be deemed a month-to-month tenancy with rental set at one and one-half times the level provided for herein. Lessee agrees that no assent, express or implied, by the Lessor to any breach of any of Lessee's covenants or agreements shall be deemed or taken to be a waiver of any succeeding breach of such covenant. 24. KITCHEN AND RESTAURANT EQUIPMENT. Lessor shall to lease to Lessee during the term of this Lease and any renewal hereof, the kitchen and restaurant equipment described on Exhibit B attached hereto and made a part hereof (the "Restaurant Equipment") AS-IS, without any representations or warranties. Lessee has fully inspected the Restaurant Equipment, and acknowledges that the same is in good condition and repair. Lessee shall pay to Lessor, as additional rent for the lease of the Restaurant Equipment, the amount of One Hundred and No/100ths Dollars ($100.00) on -12- September 16, 1992 for the period commencing September 16, 1992 through and including September 30, 1992, and thereafter Lessee shall pay the monthly amount of Two Hundred and No/100ths Dollars ($200.00) for each month commencing October 1, 1992 through and including (a) September 30,1997, or (b) the date that Lessee exercises its option to purchase the Restaurant Equipment in accordance with this Section, as the case may be. Provided that Lessee is not in default under this Lease, which default remains uncured, Lessee shall have the option at.any time during the term of this Lease to purchase the Restaurant Equipment for the sum of Forty Thousand and No/100ths Dollars ($40,000.00) (the "Purchase Price"). Lessee shall exercise said option by delivering the Purchase Price to Lessor by wire transfer or certified check. Promptly upon receipt of the Purchase Price, Lessor shall deliver to Lessee a Bill of Sale for the Restaurant Equipment. Lessee understands that the Farmer Brothers coffee brewer and the Hobart dishwasher, which are located on the Leased Premises as of the date hereof, are not owned by Lessor, and that Lessor does not have any obligations whatsoever with respect to said equipment. 25. RELATIONSHIP OF PARTIES. The relationship between the parties to this Lease shall be and is expressly one of landlord and tenant, and no partnership, joint venture or other • association or relationship exists between Lessor and Lessee. No employee of Lessee will be deemed an employee of Lessor, and no employee of Lessor will be deemed an employee of Lessee. Each party will:be responsible for the acts and omissions of only its own employees and not those of the other party. 26. COMPETTITON. Neither Lessee nor any person, partnership, corporation or other entity under the control of Lessee or under common control with Lessee will own, operate or manage a restaurant within a one-mile radius of the Leased Premises during the term of this Lease. 27. BROKERS. Lessor has been informed that Lawrence W. Manning has retained Bruce Johnson of Restaurant- Brokers of Minnesota as a broker in connection with the transaction between Manning's Cafe, Inc. and Lessee. Lessee acknowledges that Lessor shall not be liable for all or any portion or the brokerage commission or fee in connection therewith. Except as set forth in the first sentence of this Section, Lessor and Lessee represent and warrant one to another that neither of them has employed or otherwise used any broker or agent in relation to this Lease. Lessor will indemnify and hold Lessee harmless, and Lessee will indemnify and hold Lessor -13- harmless, from and against any claims for brokerage or other commissions, or fees arising out of any breach of the foregoing representation and warranty by the respective indemnitors. 28. SALE BY LESSOR Lessor's interest under this Lease shall be freely assignable, and the obligations of Lessor arising or accruing under this Lease after an assignment will be enforceable only against the assignee. So long as Lessee agrees to attorn to any such assignee, such assignee shall assume all obligations of Lessor hereunder from and after the date of any such assignment. 29. SUBORDINATION. At the request of any mortgagee or ground lessor, this Lease will be subject and subordinate to any mortgage or ground lease which may now or hereafter encumber the Building, and Lessee will execute, acknowledge and deliver to Lessor any document reasonably requested by Lessor to evidence the subordination. 30. ESTOPPEL CERTIFICATES. Within ten (10) days after written request from Lessor, Lessee will • execute, acknowledge and deliver to Lessor a truthful and accurate document furnished by Lessor, which document may be relied upon by Lessor and any prospective purchaser or mortgagee of the Building, stating (a) that this Lease is unmodified and is in full force and effect (or if modified,.that the Lease is in full force and effect as modified and stating the modifications), (b) the dates to which rent and other charges have been paid, (c).the current monthly rent, (d) the dates on which the term begins and ends, (e) that Lessee has accepted the Leased Premises and is in possession, (f) that Lessor is not in default under this Lease, or, if Lessor is in default, specifying any such default, and (g) including such other information as the prospective purchaser or mortgagee may reasonably require. 31. RIGHT OF ENTRY. Lessor shall at all times have the right to enter upon the Leased Premises to inspect their condition, and at its election to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require Lessor to make such repairs, and the Lessor shall not be liable to Lessee, or any other person or persons, for failure or delay in making said repairs, or for damage or injury to person or property caused in or by the making of such repairs, or the doing of such work. In connection with any such entry upon the Leased Premises, Lessor shall take reasonable steps to minimize any -14- • • substantial or material interference with Lessee's use of the Leased Premises, but Lessor shall not be required to employ labor at overtime rates. Lessor shall have the right during the last thirty (30) days of the term of this Lease to show the Leased Premises to prospective tenants. Each of the covenants, terms and agreements of this Lease shall inure to the benefit of and shall be obligatory upon the respective heirs, executors, administrators, successors and assigns of Lessor and Lessee respectively. There are no understandings or agreements outside of this Lease. IN TESTIMONY WHEREOF, the Lessor and Lessee have hereunto set their hands to this Lease the day and year first above written. WITNESSES: LESSOR CITY OF ST. ANTHONY By Its Mnuor By Its C;�4 M ,, Q& r--- • LESSEE HIGHWOOD FOOD SERVICES, INC. BY ,BY Its • -15- RAVAF IV_IVA kv,AP DAM,-,Vldl I W*tA PAP 1 • �a S� wt r�v� �c,•�/�5.a � C�-�1 c�. EXHIBIT_A � n J M • \i yt. �o 0 m w 1 EXHIBIT A, Page 2 EXHIBIT B . ITEM • CRIPTION N0. ITEM AND DES 1 1 Stainless steel NFPA 96 approved exhaust hood - 12'x4'x2'6" with stainless steel filters 2 1 "Vulcan Hart" 6 burner range with convection 1 door oven, stainless steel finish, front and sides, stainless steel riser with shelf on casters 3 1 "Keating" Model 48-BFLD Miraclean gas griddle, 24 1lx48" - 40,000 BTU, SN1 R-39677C with stainless steel stand, lower shelf on casters 4 1 Stainless steel wall panel - 16 LF x 6-1/2' High S 3 "Frymaster" stainless steel S deepfryers - Model fMJ-45-EUSD on casters with (1) Filtrator 6 1 "Delfield" custom stainless steel double sided Chefs counter - 13' long cs/o: (1) "Wells" Model 10D soup . warmer with remote thermostat (1) "Alto-Shaam" 3 drawer food warmer (1) 6" diameter cup lowerator (2) plate lowerators 1 - 10" diameter - 1 - 12"x9" (iJ "Delfield" self contained 3 door preparation table - Model 11884-P-32, SN1 106272 (1) 32" steam table with (2) 12 1lx20" cutouts (1) 24" 2 lower shelf unit (1) 1611- lowerator dipwell section (1) Upper stainless steel 2 tier shelf unit - 18" wide x . 13' long with 8-1/2' check minder and (2) "Hatco" 800 watt food warmers - 36" long AM NO. QTY ITEM AND DESCRIPTION 7 1 "Savory" 4 slice pop-up toaster 8 1 "Sharp" Model 1R-23BT microwave oven, 1400 watt 9 1 "Silver King" stainless steel lettuce dispenser, wall mounted, Model 1SK-SB-, SN1 112429 10 1 Lot of miscellaneous stainless steel walls shelves . cs/o: 2 - 18 11x5411 1 - 12 11x30" 2 - 12 1lx96" 2 - 12 11x48" 11 1 "Hugin-Sweda" prechecker register with slip printer - Model 14645, SN1 E-6602 1 Built in stainless steel work station - 81Lx30" with 6" backsplash with "Delfield" water dispensing unit and ice bin with (2) dish rack dispensers 13 1 Stainless steel soiled dish table - 30 11x48" with sink, spray assembly and .slass wall rack 14 1 Stainless steel clean table - 30 11x60" with- stainless steel upper shelf 1 "Eagle" stainless steel wall sink with connections - 9-1/2"x13-1/2"x7" ITEM NO. QTY ITEM AND DESCRIPTION ----- - -- •�5--- - gainless��ee1- -compar-Ufier - sink - 96" with right hand and left hand drainboards, 3 quick drains with connections 17 1 "Hobart" Model 1512-1 slicer - SN1 56-852492 18 1 Stainless steel custom work table - 30 11x90" with backsplash, (1) 3 drawer storage unit with plastic liner, (1) Sink 21"x21"x12" with connections, (1) Right hand liner shelf - 19 . 1 "Hobart" 20 quart mixer on stainless steel stand with bowl, beater and whip 20 1 "Hobart" self contained 2 door refrigerator - Model fQA-2 - SNI 32-525-156-HN 21 1 "Hobart" self contained 2 door freezer - Model #QAF-2 - SN$ 32-521-800-LH 22 1 "Ansulex" Model #R-102, 4 head exhaust hood fire extinguisher system with 1 tank - 1-1/2" mechanical gas valve 23 7 Stainless steel corner guards 2"x2"x48" 24 1 "Kold Locker" metal clad walk-in cooler 716"Wx7 '6"x6'H - SN1 87401553, Model IKLC88-WL-26, Job 1883901R with "Control Temp." door heater Model 6KL26X66 with: (l) - light ( 1) - metal floor (1) - temp. gauge (1) - "Norlake" cooler blower Job 1171724 c I IE M NO. QTY ITEM AND DESCRIPTION _25 1 Lot of "Metro" storage shelves throughout cs/o: (8) chrome posts - 86" (10) chrome posts - 62" (4) chrome posts - 14" (19) 40"44" wire shelves (3) 36"x18" wire shelves (5) 24 1lx24" wire shelves (20) 48 1144" wire shelves (5) 36"44" wire shelves (4) 36 1142" wire shelves 26 1 "Weather-Rite" Model #TOT112 air makeup unit with connections • GUARANTY In consideration of One Dollar ($1.00) and other good and valuable consideration to the undersigned in hand paid, receipt of which is hereby acknowledged, and in further consideration for and as an inducement to the CITY OF ST. ANTHONY, a municipal corporation under the laws of the State of Minnesota (the "City"), to enter into a certain Lease Agreement of even date herewith (the "Lease") with HIGHWOOD FOOD SERVICES, INC., a Minnesota corporation, as lessee ("Lessee"), relating to certain premises located in the building owned by the City and known as the "Stonehouse", as more fully described in the Lease, the undersigned ("Guarantor"), does hereby agree as follows: 1. Guarantor does hereby absolutely and unconditionally guaranty to the City, its successors and assigns, the full payment, performance and observance by Lessee of all the covenants, obligations, conditions and agreements in the Lease provided to be paid, performed and observed by Lessee for the entire term of the Lease, including any extensions or renewals thereof ("Guarantied Obligations"). 2. Guarantor expressly agrees that the validity of this Guaranty and the obligations of the Guarantor hereunder shall in no way be terminated, affected or • impaired by reason of the bankruptcy of Lessee or the assertion by the City against Lessee of any of the rights or remedies reserved to the City pursuant to the provisions of the Lease. 3. Guarantor hereby waives exhaustion of recourse against Lessee and agrees that any action brought for the enforcement of rights under the Lease or under this Guaranty may, in the City's discretion, be brought against the undersigned Guarantor and/or Lessee, jointly or severally. Guarantor hereby agrees that the failure of the City to require strict performance of any of the terms of the Lease, or any extension of time, concession, indulgence or waiver of performance granted by the City shall not release Guarantor from liability under this Guaranty. 4. Guarantor waives notice of acceptance of this Guaranty and notice of any liability to which it may apply, and waives presentment, demand of payment or performance, protest, notice of dishonor, nonpayment or nonperformance of any such liabilities, and all other notices and demands of any kind and description relating to the Guarantied Obligations now or hereafter provided for by any statute, law, rule or regulation. 5. The City may at any time and from time to time without the consent of, or notice to, the Guarantor, without incurring responsibility to the Guarantor, without affecting,-impairing or releasing any of the obligations of the Guarantor hereunder, alter, change, modify, extend, release, renew, cancel, supplement or amend in any manner the Lease or any of the Guarantied Obligations, and the ' I guaranty and agreements herein made shall continue to apply to the Guarantied Obligations after giving effect to any such alteration, change, modification, • extension, release, renewal, cancellation, supplement or amendment. 6. No invalidity, irregularity or unenforceability of all or any part of the Guarantied Obligations or of any security therefor or other recourse with respect thereto shall affect, impair or be a defense to this Guaranty and this Guaranty is a primary obligation of the Guarantor. 7. Guarantor agrees to pay to the City its reasonable attorneys' fees and all other costs incurred by the City in enforcing or protecting any of the City's rights, remedies or recourses hereunder or under the Lease, whether suit be brought or not. 8. This Guaranty shall be governed by the laws of the State of Minnesota and shall be binding upon the undersigned Guarantor. This Guaranty is an absolute and completed one and the undersigned Guarantor waives notice of acceptance of this Guaranty, said acceptance being conclusively presumed. 9. Until the terms, covenants and conditions of the Lease and this Guaranty are fully performed, Guarantor shall not be released by any act or thing which might, but for this provision of this Guaranty, be deemed a legal or equitable discharge of a surety. IN WITNESS WHEREOF,-Guarantor has caused this Guaranty to be • duly executed as of this 31• day of RU 1992. ri -2- • STATE OF MINNESOTA ) COUNTY OF SS. ) The foregoing instrument was acknowledged before me this :31 day of agj udl' 1992, by ERICH SCHUHMACHER Notary Publi CONNIE J.KROEPLIN - NOTARY PUBLIC•MINNESOTA HENNEPIN COUNTY err comm.E.P.Apnl 25..rrmnrrrr�C x • -3- STAFF REPORT DATE: September 1 , 1992 TO: Mayor and Councilmembers FROM: Thomas D. Burt, City Manager ITEM: RESOLUTION 92-044 The City Attorney recommends staff to begin the process for the condemnation of both the Rosie's Restaurant and Good Luck Cafe properties. Since negotiations began with the owners of 2905 Kenzie Terrace (Rosie's Restaurant), the price they are asking has risen from $275,000 to $300,000. We will still endeavor to negotiate a mutually agreeable price before beginning the condemnation process. • RECOMMENDATION Council's approval of Resolution 92-044 authorizing condemnation proceedings to begin for City's purchase of 2905 Kenzie Terrace and 2700 Coolidge Street N.E., if needed. • CITY OF ST. ANTHONY RESOLUTION 92-044 A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO BEGIN CONDEMNATION PROCEEDINGS, IF NECESSARY, WITH REGARD TO THE CITY'S ACQUISITION OF THE PROPERTIES IDENTIFIED AS 2905 KENZIE TERRACE AND 2700 COOLIDGE STREET NORTHEAST WHEREAS, the City of St. Anthony desires to redevelop and improve a portion of the south end of the.City encompassing the area where Kenzie Terrace, Coolidge Street, St. Anthony Boulevard, Silver Lake Road, 27th Avenue N.E. and Pahl Avenue converge; and WHEREAS, to accomplish said redevelopment, it is necessary for the City to purchase property identified as 2905 Kenzie Terrace and 2700 Coolidge Street • Northeast. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby authorizes the City Manager and City Attorney to begin condemnation proceedings against said two properties, if necessary. Adopted this day of . 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager • CITY OF ST. ANTHONY RESOLUTION 92-045 A RESOLUTION APPROVING THE SNOW AND ICE CONTROL POLICY AND PROCEDURES FOR THE CITY OF ST. ANTHONY BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Snow and Ice Control Policy and Procedures for the City of St. Anthony attached hereto. • Adopted this day of , 1992. Mayor ATTEST: City Clerk Reviewed for administration: City Manager CITY OF ST. ANTHONY SNOW AND ICE CONTROL POLICIES AND PROCEDURES I. PURPOSE 1.01 To outline policies and procedures regarding snow removal and ice control on streets, parking lots, sidewalks-and bus shelters maintained by the City of St. Anthony. II. POLICIES 2.01 The Public Works Department will, in the execution of snow removal and all functions, promote harmonious relations with other departments and the public, and will provide expeditious and cost efficient operations. 2.02 City streets must be passable to allow normal traffic flow and emergency vehicles to respond to all areas within the City. In providing snow and ice control, the City endeavors to maintain adequate traction for vehicles • properly equipped for winter driving conditions. The City, however, does not.guarantee bare, dry pavement after each snowfall or that streets are totally free of ice and snow or driving hazards.common to Minnesota winter weather. 2.03 The Police Department will monitor street conditions and advise the Public Works Department of any hazardous or unusual conditions. 2.04 The Public Works Department is responsible for performing snow and ice control of City streets. Snow will generally be plowed within 24 hours of the start of the snowfall. This requires up to 12 hours of operations for a "normal" snowfall of two (2) to six (6) inches. Ice control will be performed whenever necessary, as per current procedures. 2.05 The Public Works Department is responsible for plowing snow from a designated arterial sidewalk system. This system does not include all sidewalks. In addition, City Code requires an owner and/or the occupant of any property adjacent to a public sidewalk to keep sidewalks free from snow and ice. The City, however, does not guarantee that the designated arterial sidewalks will be free from walking hazards common to Minnesota winter weather. 2.06 The Public Works Department is responsible for snow and ice control of parking lots at City designated snow emergency facilities. These facilities are: City Hall/Community Center, Fire Stations, Maintenance Facility and i III Snow/Ice Control Policy • Page 2 Water Treatment Plant. The City will make reasonable and good faith efforts to maintain these designated parking lots in useable condition. The City, however, does not guarantee that these parking lots and sidewalks-will be free from driving and walking hazards common to Minnesota winter weather. 2.07 The Public Works Department is responsible for incidental snow and ice control of sidewalks at designated facilities. These facilities are: City Hall/Community Center, Fire Stations, Maintenance Facility, and Water Treatment Plan. 2.08 City Code prohibits parking on any public street after a snowfall of two (2) inches or more.in depth (determined by the Public Works Department) until the snow has been plowed from curb to curb. City Code also prohibits parking on any street between 3 A.M. and 7 A.M. from November 1 to April 1. Parking ordinance warning signs have been installed at the corporate limits of major thoroughfares and major arterial street intersections. Vehicles may be tagged and towed to allow snow and ice control. 2.09 Minnesota Statutes 160.27 and 169.42 prohibit depositing snow onto public • roadways. Placing snow onto a public roadway can subject a person to civil liability if a road hazard, such as a slippery area, frozen rut, or bump occurs and causes a traffic accident. 2.10 Mailboxes Mailboxes damaged during snow removal will not be authorized for repair, unless there is physical evidence that the snow removal vehicle actually hit the mailbox. If, due to snow build-up on the boulevards, mailboxes are tipped or knocked over from the weight of the snow, it shall be the responsibility of the property owner to repair or replace the mailbox. If the City is responsible, the City will reimburse the owner up to $30.00 for materials purchased for repairs (materials only no labor). Residents are responsible for keeping the mailbox cleared of snow for Post Office deliveries. 2.11 Sod Sod damaged during snow removal will be repaired the following Spring using the following methods: o The Public Works Department will repair the damage using black dirt • and grass seed. Snow/Ice Control Policy Page 3 o The property owner may elect to do the repair work using commercial sod. The City will reimburse the property owner for sod purchased (material only - no labor). The reimbursement must be approved by the Public Works Department prior to the property owner doing any corrective work or purchasing any sod. 2.12 Boulevard City Code prohibits encroachment in boulevard areas. This includes items such as fences, timbers, posts, landscaping and sprinkler systems. These obstructions can damage snowplow equipment or become damaged by the weight of snow or equipment contact. Encroaching items in the boulevard are not replaced or repaired by the City if damaged. 2.13 Garbage/Recycling Efficient snow plowing requires that garbage and recycling containers be accessible for pick up and placed off street to allow snow removal. The container(s) may have to be placed in the driveway to meet both of these replacements. It is the responsibility of the resident to see that the container(s) is now in the way of the snowplow and is also in a spot accessible to the garbage and recycling truck(s). 2.14 Fire Hydrants Fire hydrants are critical to minimize the potential losses involved in any fire. After major snow build-up in boulevards, the Public Works and Fire Departments attempt to clear access to critical hydrants as personnel availability allows. Residents are encouraged to assist the City by clearing hydrants near their property. If possible, they should be cleared five (5) feet on each side to allow Fire Department access. III. PROCEDURES 3.01 Street condition monitoring and snow emergency coordination a. The Police Department will monitor street conditions and snowfall amount. When conditions warrant, the Police will notify the Public Works Director or other designee. Snow/Ice Control Policy • Page 4 b. If the Public Works Director or his designee, after notification by the Police, or by a decision based on weather forecasts or obvious conditions, is responsible for notification of all necessary maintenance personnel to accomplish snow removal and/or ice control. C. The Public Works Director or his designee will notify the police shift supervisor and/or police dispatcher as soon as possible after a decision to plow is made, and will decide which areas should be .prioritized for towing. d. The Police Department shall arrange for notification of the City towing contractor(s) and coordinate all towing operations, impounding and vehicle release. e. When snow plow operations overtake the impounding vehicles, the police shift supervisor shall contact the Public Works Director and a joint decision made to continue, change locations, or halt towing operations. 3.02 Street ice control Ice control will be accomplished by distributing salt or a sand/salt mixture when determined necessary by'the Police or Public Works Departments. The basic priorities are as follows: o All locations where designated City arterial routes intersect with each other or with County or State Highways. School pedestrian crossings as required. Bridge decks. o Local street intersections having higher than average traffic volumes or streets having hills or curves. o Stop signs other than the two categories above. o Conditions deemed by equipment operators or police patrol to be hazardous. Snow/Ice Control Policy Page 5 3.03 Street snow control a. Maintenance personnel will be alerted when two (2) inches of snow have accumulated and snow continues to fall. The normal start time for snow emergency plowing operations and following day(s) clean- up is 12:00 A.M.. Major accumulations will require additional plowing of arterial streets during "rush hours", etc., to allow vehicle travel. All calls should be made to the Public Works Department so that the Public Works Department has time to make main roads passable: b. Given equal snow conditions, arterial routes will be plowed first. Arterial routs are established to have an "early plowed" route within approximately one-fourth (1/4) mile of each residence. State and County highways are part of the arterial route plan. 3.04 Sidewalk arterial system snow control o Snow control will be snow removal only, no salt/sand will be applied. No area will receive special emphasis; follow-up passes will be made to maintain passable travel. Designated sidewalks will be plowed as soon as possible after the snowfall. 3.05 City designated facilities snow and ice control a. Public Works personnel will plow snow from parking lots and sidewalks when notified or by a decision based on weather forecasts or obvious conditions. b. Public Works personnel will salt/sand parking lots when necessary. • City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -1- 1 CHAPTER 14. SIGNS 2 Chapter 1400 - SIGNS 3 1400.01 TITLE. This ordinance shall be known as the "Saint Anthony Sign Ordinance" 4 except as referred to herein, as "this ordinance". 5 1400.02 PURPOSE AND INTENT. It shall be the purpose and intent of this ordinance 6 to achieve the following objectives: 7 (a) 'V. establish standards which would permtt businesses 7rt the city.a r asonal le 8d equitable oppottanl ty to Identify themselves :>...:......................... ..:...:. 9 b.: '`';`::::Tia r�si�rve and rbmate civic beau and not allow$i n5.tylucltivitld detrC l o frQmlvs:';:ob�ecttve because of-unusual size, shape, he#g#tt, lacatlott, t andttrort,et�tteFin ax i l luM ft v itibn ................................. .................................. 12 (c gin tl3at signs rn the city shall not create a€saietyazard. 3 Ta preserve and prfllect the value of land and butldms, and to presevetic 4 rotect landscapes 15 1400.03 SCOPE. This ordinance applies to all signs in the City, and describes signs which 16 are prohibited, signs which may be erected only with a permit, and signs which may be 17 erected without a permit. This ordinance also contains certain requirements for all signs 18 erected, administrative provisions for issuance of permits, procedures with respect to 19 variances, and penalty provisions. 20 1400.04 DEFINITIONS. For the purpose of this ordinance, the words and phrases in the 21 Section shall have the meanings set forth in this Section. 22 Subd. 1. ADVERTISING MESSAGE: that copy on a sign describing products 23 or services being offered to the public. 24 Subd. 2. ANIMATED SIGN: a sign which includes action or motion. 25 Subd. 3. BILLBOARD: a sign erected for the purpose of advertising a product, 26 event, person, or subject not entirely related to the premises on which said sign is 27 located. 28 Subd. 4. BUSINESS FRONTAGE: the linear frontage of that portion of a 09 building facing the right-of-way and occupied by one separate business. City of Saint Anthony Proposed Sign Ordinance Revisions • Draft #4 -- September 2, 1992 Page -2- 1 Subd. 5. CANOPY: a permanent roof structure attached to and supported by 2 the building. 3 Subd. 6. CHANGEABLE COPY SIGN: any sign which is characterized by 4 changeable copy, letters, or symbols, regardless of method of attachment. 5 Subd. 7. DIRECTIONAL SIGN: an on-premises sign designed to guide or 6 direct pedestrian or vehicular traffic. 7 Subd. 8. ELECTRIC SIGN: any sign containing electrical wiring but not 8 including signs illuminated by an exterior light source. 9 Subd. 9. FLAGS: devices generally made of flexible materials, such as cloth, 3.0 paper, or plastic, and displayed on poles, strings or wires, but excluding the flag of 11 any country or state. 12 Subd. 10. FLASHING SIGN: an illuminated sign which contains flashing lights 13 or exhibits noticeable changes in light intensity. 14 Subd. 11. GROUND SIGN: any sign which is freestanding by virtue of being • 15 structurally independent of any structure or object, is affixed to the ground by means 16 of a base with no visibility between the bottom of the sign and the base on which it 17 is attached and may make use of landscaping to enhance the appearance of the 18 signage. 19 Subd. 12. HISTORICAL IDENTIFICATION SYMBOLS: those symbols which 20 have historically been identified with the service the establishment provides, are 21 common to similar enterprises in all other localities and are not a particular 22 trademark or business identification. 23 Subd. 13. ILLUMINATED SIGN: a sign designed to give forth any artificial or 24 reflected light,either directly from a source connected with the sign or indirectly from 25 an artificial source, so shielded that no direct illumination from it is visible except on 26 the sign and in its immediate proximity. 27 Subd. 14. IDENTIFICATION SIGN: a sign which contains no advertising but is 28 limited to the name, address and number of a building, institution or person and to 29 the activity carried on in the building or institution or the occupation of the person. 30 Subd �5 NiA10R ANGHOR ;a single.tenant in.a shopp,ng center Chats at least 31 20.7%of he total square footage and to excess of SO,000 aquare feet. 32 Subd 16 :MARQUEE , • any permanent roof like structure,pro�ectmg beyond :a City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2, 1992 Page -3- budding or exfet�ding along and proaecting beyond the wall of tTae buticT�ng,geierlly 2esignecl and constructe d to provide protection frOm:tlie wetie � 3 Subd 171irAR+CQUEE SIGN arty sign attached to, a any manner, or made a pir 4 672-MP: ue 5 Subd. 18. PEDESTAL: A foundation or base of a ground sign which either 6 directly supports the signage or completely screens the supporting members of the 7 sign. 8 Subd. 19. PERSON: An individual, firm, association, organization, partnership, 9 trust or corporation. 10 Subd. 20. POLITICAL SIGN: Any sign which states the name or picture of an 11 individual seeking election or appointment to a public office, or pertaining to a 12 forthcoming election or referendum, or pertaining to or advocating political views or 13 policies erected on private property, which are erected by a bona fide candidate for 14 political office or by a person or group supporting such a candidate and which 15 contains the name of the person or group chairman responsible for the erection and �6 removal of the sign. 17 Subd. 21. PYLON SIGN: Any sign which is freestanding by virtue of being 18 structurally independent of any structure or object other than uprights, braces or 19 poles, without guywires or pedestal. 20 Subd. 22. PROJECTING SIGN: A sign other than a wall sign, which is affixed 21 to a building and projects outward more than 15 inches from the building wall or 22 structure. 23 Subd. 23. PUBLIC SERVICE SIGN: Any sign primarily intended to promote 24 items of general interest to the community. 25 Subd. 24. REAL ESTATE SIGN: A sign pertaining to the sale, lease or rental 26 of the real estate upon which it is located. 27 Subd. 25. ROOF LINE: The uppermost line of the roof of a building, or in the 28 case of an extended facade, the uppermost height of the facade. 29 Subd. 26. ROOF SIGN: A sign erected upon the roof or parapet of a building, 30 the entire face of which is situated above the roof level of the building to which it is 31 attached, and which is wholly or partially supported by the building. 02 Subd. 27. SHOPPING CENTER: Any group of four or more niultiple occupant City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2, 1992 Page -4- 1 retail star-es or service establishments on one or more contiguous tracts of land in 2 single ownership, compromising 4$000 over 75 0(1Q square feet of floor area with 3 parking provided on the tract or tracts of land"for"use in common by patrons. 4 Subd. 28. SIGN: Any structure, device, advertisement or visual representation 5 intended to visually advertise, identify or communicate information, or to visually 6 attract the attention of the public for any purpose unless located within a building 7 and not visible from the exterior of the building. Without limiting the generality of 8 the foregoing, the term includes any symbols, letters, figures, illustrations or forms 9 painted, or otherwise affixed to a building or structure, any beacon or search light 10 intended to attract the attention of the public for any purpose, and any structure or 11 device the prime purpose of which is to border, illuminate, animate or project visual 12 representation. Notwithstanding the foregoing, the term sign shall not include official 13 notices issued by any court or governmental body, notices posed by a public official 14 in the performance of official duties, or traffic control signs established pursuant to 15 governmental authority. 16 Subd. 29. SIGN SURFACE AREA: The area in square feet of the smallest 17 rectangular figure which circumscribes the area enclosed by the actual copy of a sign 18 including both sides of a sign with copy on both sides and including border and trim • 19 of the sign. The supports, uprights or structures in which any sign is supported will 20 not be included in determining the sign area. 21 Subd. 30. STREET: A public highway, road, alley or thoroughfare. 22 Sdbtl. 3 r STRIP MALL• Any group of four or more �� pan ret : s V .:.:.:;. 23 establishments on::;ono or'::amore conttguous tracts: .flf:::':.Iand Jn: sngi' awnerslp 24 t omprorn�sing x,500 to 75,U�O square feel of door area wt#harlurtg. de tf 25 l race or tracts o£land fox use tta common by patron 26 Subd. 32. TEMPORARY SIGN: Any sign, banner, pennant, valance or 27 advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard 28 or other light materials with or without frames; intended to be displayed for a limited 29 period of time only. 30 Subd. 33. WALL SIGN: A flat sign which does not extend-&FA more than 18 31 inches from the face or wall of the building upon which it is affixed, painted or 32 attached, running parallel for its whole length to the face or wall of the building, and 33 which does not extend beyond the horizontal width of such building. 34 Subd. 34. WALL SURFACE: The total surface area of the building face to 35 which the sign is attached, including windows and door areas, measured to the • 36 extreme outer limits of the wall surface. • City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -5- 1 Subd. 35. WINDOW SIGN: A sign affixed to or inside a window in view of the 2 general public, but excluding merchandise on display. 3 1400.05 APPLICATION. 4 Subd. 1. CONFORMITY: No sign may be erected, placed, altered or moved 5 unless in conformity with this Chapter. 6 Subd. 2. OTHER CODE PROVISIONS: Nothing in this Chapter may be taken 7 to relieve any person from complying with the provisions of any other Chapter of the 8 City Code. 9 1400.06 GENERAL REQUIREMENTS. 10 Subd. 1. SIGN PERMIT NOT REQUIRED: The changing of the advertising 11 message of a painted or printed sign, theater marquee or changeable copy sign, and 12 the painting, repainting and cleaning of signs will not require a sign permit, but will 13 otherwise be done in compliance with the Chapter and any other applicable law or 14 section of this Code. 05 Subd. 2. HAZARD AND HAZARDOUS SIGNS: No sign may by reason of 16 its location, color or intensity, create a hazard to the safe and efficient movement of 17 vehicles or pedestrian traffic. No private sign may contain words which might be 18 construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise 19 resemble any official marker erected by a governmental body or agency, unless such 20 sign is a directional sign. 21 Subd. 3. FRAMEWORK OF SIGNS: When possible, the framework for the 22 lateral support of a sign must be contained within the sign's body or within the 23 structure of the building to which it is attached so as not to be visible. 24 Subd. 4. PLACEMENT OF SIGNS: No sign, or attachment to it, may be 25 erected, placed or maintained by any person on rocks, fences, or trees, nor in such 26 a manner as to interfere with any electric lights, power, telephone or telegraph wires, 27 or the supports thereof. 28 Subd. 5. MAINTENANCE: All signs, together with all of their supports,braces, 29 guys and anchors, must be kept neatly painted and posted. Every sign must- be 30 maintained by the owner or person in charge of the sign in a clean, Safe, sanitary, and 31 inoffensive condition and free of litter, rubbish and weeds. OF3 Subd. 6. INSPECTIONS: All signs for which a permit is required may be inspected by the City Manager, and a permanent record, including photographs, may City of Saint Anthony Proposed Sign ordinance Revisions • Draft #4 -- September 2, 1992 Page -6- 1 be maintained. The City Manager or the City Manager's designated representative 2 may, after notice to the owner, enter upon any property,to ascertain whether the 3 provisions of this Chapter are being complied with. The City Manager may order the 4 removal of any sign that is not maintained in accordance with this Chapter. In 5 addition, the following inspections will be made: 6 (1) All signs requiring footings must be inspected to insure that suitable 7 footings, as determined by the City Building Inspector in accordance 8 with appropriate building codes, have been used. Footing inspections 9 will be required for all ground signs and pylon signs before the sign is 10 installed. 11 (2) Electrical inspections will be required for any electric sign. 12 1400.07 PROHIBITED SIGNS. Signs that are not specifically permitted in the Chapter are 13 hereby prohibited. Without restricting or limiting the generality the provisions of the 14 foregoing, the following signs are specifically prohibited: 15 Subd. 1. BALCONY SIGNS: Balcony signs and signs mounted or supported on 16 a balcony. • 17 Subd. 2. OBSTRUCTING SIGNS: Any sign that obstructs any part of a 18 doorway or fire escape. 19 Subd. 3. EXTERIOR SIGNS: Signs, including those intended for viewing only 20 from the interior of a building but which can reasonably be viewed from exterior of 21 the building, which by reason of position, shape, wording, color, or any other 22 characteristic would interfere with the proper function of a traffic sign or signal, or 23 otherwise constitute a traffic or safety hazard. 24 Subd. 4. SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC 25 EASEMENT. 26 Subd. 5. SEARCHLIGHTS; FLAGS OR WHIRLING DEVICES. 27 Subd. 6. SIGNS ON GLASS DOORS: Signs on glass doors which total sign 28 surface area exceed 20% of the glass area of the door. The sign surface area of 29 nameplates and address identifications and pedestrian directives such as"pull","push', 30 "entrance", "exit", "use other door", "caution", and other instructions shall be included 31 with the sign surface area of all other signs on a glass door for the purpose of 32 determining the total sign surface area of such door. 33 Subd. 7. SIGNS NEAR LOTS: Signs other than wall signs which have any • City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -7- 1 surface area or structural member closer than 10 feet to a side lot line. 2 Subd. 8. SIGNS NEAR PROPERTY LINES: Signs which project beyond the 3 property line of the property upon which the sign is located. 4 Subd. 9. SIGNS NEAR ROOFS: Signs projecting more than 5 feet above the 5 roof line of the structure to which it is affixed. 6 Subd. 10. ADVERTISING SIGNS: Signs intended to be for the purpose of 7 advertising in R-1,R;-1 , R-2, R-3, and R-4, including those intended for viewing only ......:....... 8 from the interior of a building but which can reasonably be viewed from the exterior 9 of the building. 10 Subd. 11. SIGNS ON WALLS: Wall signs having a sign surface area exceeding 11 15% of the area of the wall surface to which it is affixed. 12 Subd. 12. PROJECTING SIGNS. $�grisonstrticted so t> at the message or 13 ,communication is not flat against the sign structure:4 Subd. 13. FLAT SIGNS- Signs eenstfueted so that the Fnessage E)F *5 . 16 Subd. 13. SIGNS AFFIXED TO UTILITY POLES AND FENCES. 17 Subd. 14. EMITTING SIGNS: Signs which emit sound, odor or visible matter. 18 Subd. 15. ANIMATED SIGNS. 19 Subd. 16. FLASHING SIGNS: Flashing signs except any portion giving time, 20 temperature or weather. 21 Subd. 17. SIGNS ATTACHED TO A VEHICLE. 22 vehicles with u�ct�zporatediir.attachd s�griage 23 harked primarily for:use as a sign shall not be parked in any zone for more than 72 .:...... .....:........... .... ............ . . .... 24 urS ................ ................ 25 Subd. 18. BILLBOARDS. 26 Subd 19... SIGNS ON BUS SHELTERS All types of signs: except for bus 27 schedule`s: andI e:.htification information.: <:..: .. ..:. ....: .. 08 1400.08 SIGNS REQUIRING NO PERMITS Signs described in this Chapter, if they meet City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -8- 1 all other requirements of this Chapter, may be erected without a sign permit. 2 Subd. 1. POLITICAL SIGNS: Freestanding pelitieal signs, not emeeeding a sign 3 suFfaee area ef 16 square feet eaeh, displayed en private pr-eper-ty fer- a per-ied e 4 5 : oammercra stns :.:: Y sztra ste >: 6f`OIt3 tl�tgtaSt 1 ari eTeCttcn ye8runtrl It days follbwrng°tla '> enezIectron. F©r 7 independent Sc roo Dastnct I Tumber 28 a? cttans, al.. nam' n...... et S t s a n 8 size may be posted frflrrr Apn'1 ut att election year nntAI fen daysollowrng xh. 9 electron, which is the third' 'uesday in I1!Iayf every year All golxttca xa<gns ae �:t 1 o allowed ]n tie stt�et right-af ways; ................................................... 11 Subd. 2. DIRECTIONAL SIGNS: Directional signs having a surface area not 12 greater than 5 square feet. 13 Subd. 3. CONSTRUCTION SIGNS: Signs denoting the architect, engineer, or 14 contractor, when placed upon work under construction, provided that the total sign 15 surface area of all such signs does not exceed the greater of 12 square feet or a ratio 16 of one square foot of sign surface per 100 square feet of floor space in the 17 construction project, up to a maximum of 32 square feet. • 18 Subd. 4. MEMORIAL SIGNS: Memorial signs or tablets, or names of buildings 19 and date of erection when cut into masonry surface or constructed of metal or stone 20 and attached to the building, not exceeding a sign surface area of 4 square feet. 21 Subd. 5. IDENTIFICATION SIGNS: One identification sign per residential 22 dwelling unit, which shall not exceed a sign surface area of 4 square feet per surface 23 and shall have no more than two sign surfaces, and one address sign on the curb in 24 front of each dwelling unit. 25 Subd. 6. THIRTY DAY V SIG 27 not to emeeed 30 days 28 Subd. 6. FREESTANDING SIGNS: Freestanding signs for garage sales or 29 similar event occurring within the corporate limits of the City, not exceeding 4 square 30 feet in sign surface area, erected on private property with permission of the land 31 owner, and displayed for not more than 3 consecutive days. 32 Subd. 7. WINDOW SIGNS: Temporary or permanent window signs duly 33 authorized by zoning and other laws of this City, provided that all such signs on a 34 frontage shall not have a total sign surface area greater than 50% of the glass area, • 35 excluding doors, on such frontage and provided that a minimum of one-half of the • City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2, 1992 Page -9- 1 open window space must be below a horizontal line which is 5 feet above the interior 2 floor of the commercial establishment. Merchandise displays in windows shall not be 3 considered a part of the sign area if such display is not intended to be continued for 4 a period of more than 8 weeks. 5 Subd. 8. ON-SITE TEMPORARY SUBDIVISION SIGNS: One on-site temporary 6 sign advertising a group of lots for sale within a subdivision or group of houses for 7 sale within a housing project, provided that the total area of such sign shall not 8 exceed 64 square feet with no single dimension in excess of 16 feet. The display of 9 such sign shall be limited to a 6-month period. At the expiration of such period, the to applicant may request a further extension of time, otherwise the sign must be 11 removed. 12 Subd. 9. TEMPORARY SIGNS, OTHER THAN POLITICAL SIGNS: Temporary 13 signs, other than political signs, pertaining to drives or events of civic, philanthropic, 14 educational or religious organizations, provided permission of the City Manager must 15 be obtained to erect such signs upon or over public property and provided further 16 that such signs shall not be erected or posted for a period of more than 14 days prior 17 to the date of the event and must be removed within 3 days after the event. If>p,-..:: �8 permission is not obtained from the City IVlanager, the sign shall be remove ... :.. .... ...... ..... ...... . 9 Immediately 20 Subd. 11. FLAGS AND EMBLEMS: Flags and emblems of pelitie-al go i n ent , 21 civic philanthropic,educational or religious organizations. Ia` 'o' t e> n to S.ate ` 22 the stag; the city, foreign nationals having diplomatic reiattons W'it3 thE. ° l te.. 23 tat, and any other #fag adopted ar sanctioned by ari elected ]egislattve body ar 24 competentJurrsdletion, provided that such a flag shall not exceed 6 square feet< r 25 area and: shall;not b 31awn from:"a>gole the top.of wli�ch is more than0 feet tri 26 he%ght 'These:flags must be flown �r► accordance with rotacol established b the p y 27 Congress of the United States...1..t........or the:Stars and Stnpes Any flag not meeting any 28 one nr more of these cond4t 1 ns s llbe considered a temporary sign and shall he 29 subject'to regulation as such 30 Subd. 12. RESIDENTIAL REAL ESTATE SIGNS: Real estate signs, provided the 31 combined sign surface area of such is not greater than g 72, square feet. Real estate 32 signs must be removed within 7 days after the closing date. 33 Subd 13 COIvIMERCIAI REAL ESTATE SIGNS Real estate signs,prov�deci ilte 34 combined sign surface area of such snot gccater!than 32 square feet Real estate .:.. . . .. .:. 35 slg is must be removed w thm`7`days after the closing date: 06 Subd. 14. SIGNS AFFIXED ON BENCHES AT PUBLIC BUS STOPS City of Saint Anthony Proposed Sign Ordinance Revisions • Draft #4 -- September 2 , 1992 Pagel-10- 1 1400.09 SIGNS REQUIRING PERMITS 2 Subd. 1. PERMITS REQUIRED: No person shall erect, place, rebuild, alter or 3 move a sign, other than those described in Subsection 1400.07. 4 Subd. 2. PERMIT FEES: A sign permit fee must be paid in accordance with the 5 €eleatin g schedule in. -.0.H...0 q.-.�.a. . .. 6 Teial Costs Fee 7 f A fieter-mined by the City Building inspeetef-I 8 tff !tieft easts ef sign) 9 to 10 Over- $500.00 $25.00 plus $4.00 per- 11 $100.00 8f eOS8 iF1 eXe 12 e€-$-500.0 13 Subd. 3. APPLICATION FOR PERMIT: Every application for a sign permit 14 must be accompanied by a plan or plans drawn to scale and including: • 15 (1) The dimensions of the sign and, where applicable, the dimensions of 16 the wall surface of the building to which it is to be attached. 17 (2) The maximum and minimum height of the sign. 18 (3) The proposed location of the sign in relation to the face of the building 19 in front of which or above which it is to be erected. 20 (4) The proposed location of the sign in relation to the boundaries of the 21 lot upon which it is to be situated. 22 (5) If the sign is to be illuminated, the technical means by which this is to 23 be accomplished and the'hours of illumination. 24 (6) Where the sign is to be attached to any existing building, a diagram or 25 photograph of the face of the building to which the sign is to be 26 attached. 27 (7) The name and address of the owner of the sign and the address of the 28 property where the sign is located. 29 (8) Where a ground level sign is proposed with berming, a diagram • • City of Saint Anthony Proposed Sigh Ordinance Revisions Draft #4 '-- September 2 , 1992 Page -11- 1 showing grade level and dimensions of the berm. 2 (9) Where a shopping center's comprehensive sign plan-is submitted, the 3 plan must include the location, size, height, color, lighting and 4 orientation of ALL signs. 5 .(10) Where a ground sign is submitted, the plan must include the location 6 of the sign in relation to the lot lines and the building height, including 7 any difference from the established grade, size, color, lighting and 8 hours of illumination. 9 Subd. 4. PERMIT ISSUANCE. 10 (1) Each application must be reviewed for compliance by the City 11 Manager or the Manager's designee. 12 (2) If the proposed sign complies with this Chapter, a permit will be issued 13 within 30 days after the application date. 104 (3) A sign permit will become null and void if the work for which the 5 permit was issued has not been completed within one year of its 16 issuance, or renewed. Application for renewal will consist of the same 17 procedures as the initial application for permit, including payment of 18 any fee. 19 Subd. 5. SHOPPING CENTERSISTRIP MA. COMPREHENSIVE SIGN PLAN: ......................... 20 A comprehensive plan must be provided for the whole of a shopping center 21 development. This plan includes the location, size, height, color, lighting and 22 orientation of all signs, and must be submitted for preliminary plan approval. When 23 a comprehensive plan is presented, exceptions to.the regulations of this Chapter may 24 be permitted if the sign areas and densities for the.plan as a whole are in conformity 25 with the intent of this Chapter and if such exception results in an improved 26 relationship between the various parts of the plan as determined by the Council. 27 Comprehensive Sign Plans will be reviewed by the City Planning Commission who will 28 forward a recommendation to the Council on the appropriateness of the proposed 29 plan. 30 1400.10 GROUND SIGNS: Are permitted in all districts, subject to the following: 31 Subd. 1. PERMIT APPLICATION: A permit is applied for in accordance with 32 Subsection 1400.03. 03 Subd. 2. HEIGHT: City of Saint Anthony Proposed Sign Ordinance. Revisions • Draft #4 -- September 2, 1992 Page -12- 1 (1) The sign does not exceed 5 feet in height, except as permitted under 2 Subd. 4 of this Subsection. 3 (2) The berming of a sign location will be considered in the height of a 4 sign if the berm is more than 3 feet in height. 5 (3) For every foot a sign is less than the maximum height permitted, there 6 will be allowed an additional 4 square feet of sign surface area, up to 7 a total of 12 additional square feet. 8 Subd. 3. SURFACE AREA: 9 (1) Signs having one copy surface may have up to 20 square feet of surface 10 area, plus any bonus under Subd. 3 of this Subsection. 11 (2) Signs having two or more copy surfaces may have up to 32 square feet 12 for all surfaces, plus any bonus under Subd. 6, B, 3 of this Subsection. 13 Subd. 4. LANDSCAPING: 14 (1) Signs which are landscaped in accordance with this Chapter, will be • 15 entitled to a height bonus of 3 feet (total maximum height of 8 feet). 16 (2) The minimum required landscape area, excluding the pedestal area to 17 qualify for the height bonus, must be at least 1.5 times the sign surface 18 area. 19 (3) Landscaping must consist of shrubs, plants, rocks or other 20 decorative materials located around the pedestal. 21 Subd. 5. DESIGN AND LOCATION: 22 (1) Signs must maximize the use of natural materials in construction and 23 should conform to the material design of the principal structure. 24 (2) Signs must be located at least 5 feet from any street or other easement. 25 (3) To qualify for a permit, the pedestal width of a ground sign must be at 26 least equal to the sign width. 27 (4) The principal structure of a parcel of land will be allowed one ground 28 sign, regardless of the number of tenants in the structure. • • City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -13- 1 1400.11 WALL SIGNS: The sign surface area of a wall sign may not exceed 15% of the 2 area of the wall to which it is applied. 3 1400.12 DISTRICT SCHEDULES: Signs shall be permitted as set forth in the following 4 provisions: 5 Subd. 1. RESIDENTIAL: The following signs are permitted in a residential district: 6 1 2- >R'Y' <> <R'=2 One identification sin per dwelling unit er t 7 ofvay 1ront 40 s 9 Additionally one address sign on the curb in 10 front of each dwelling unit or on a freestanding mailbox. .:.:;. 11 (2) 3 & R 4„ Each multiple dwelling complex (nine ..Qr more unit will 12 be allowed one norume.:nt sign identifying the complex. 13 The sign may not exceed 50 square feet in sign surface area. The sign 14 structure including the sign surface area, may not exceed 150 square 15 feet in area. The highest point of the sign may not be more than 10 Vfeet above ground level. 17 (3) Each church located within the corporate limits of this City, subject to 18 approval of size, location and type by the City Manager, may erect and 19 maintain a maximum of three directional signs on municipal rights-of- 20 way. No church may erect or maintain more than one such sign at any 21 intersection. 22 Subd. 2. COMMERCIAL AND LIMITED BUSINESS: The following signs are 23 allowed in a "B" Service Office Limited Business District and "C" Commercial 24 Districts and may be erected after obtaining a permit and paying a required license 25 fee. 26 (1) One identification sign per commercial establishment. The sign may 27 have no more than 2 square feet of surface area per lineal foot of 28 business footage, up to a maximum of 150 square feet. The total area 29 of all wall signs affixed to a wall may not exceed 15% of the total area 30 of the wall. 31 (2) A gasoline station will be allowed, in addition to all other authorized 32 signs, one pylon sign to identify the gasoline brand. This sign may not 33 exceed 30 feet in height, and must have a minimum clearance of 12 feet from the basic grade level to the lowest element of the sign 5 surface and may not exceed 150 square feet, including both sides, in City of Saint Anthony Proposed Sign Ordinance Revisions • Draft #4 September 2 , 1992 Page —14- 1 sign surface area. Such an establishment will also be allowed one price 2 sign, not to exceed 8 square feet in sign surface area, for each frontage 3 having a curb cut. Such freestanding sign and price signs will be in 4 addition to those signs allowed in Part A of this Subdivision. ........M.-X: oMPT KAMM. "AA . . ............... D . ... . ...... ................ 7. 5 .......... X 41. shopping..... ................X.X............... !!9. 6 approval U . ............ .................... ..................... ... ................ .... :X !�!ii.;4.ty RA ........... . depending........... M hU`.' 7 8 number of MUQP ...........anch0 total sign ar a. all not exceed . ....... 9 scuara feet .................... ........... ................... 10 h x ......... iiiii!.. 0 ........... ...... ................. .... appravat...... .of the ... .c iW*- ` . AC) center Aver.... q ..5........ee 12 MR V: If On 4 i49df ol A rci ... 13 ti at -T.b. ' ....... ..... need...d. 1. pp . .................... r.i. xpo.0. .... qd 14pnpf::wall signs wig o:. .O 14 ommercia 15 b '$)tabl- b" n. area owe .......... "ll d 16 sign .............. X 17 (4)(S A commercial establishment located within a shopping center, having no 18 ... outside frontage, will be allowed a surface sign area of one-half of that which 19 it would be allowed if it had outside frontage. 20 Commercial establishment will be allowed, in addition to all other authorized 21 signs, one historical identification symbol, not exceeding (5) five square feet 22 in sign surface area. ........... ..... . ......................... ... . .................. e:-Council,23 S J.bj t p I......Uth :Co .. ....itip�'na ........... Akb : 24 theatre may have...... ................ - ... .. ......... marquee The total sign area for a marquee sit 25 if...................... ia,if::::1n'6' exceed duare::. e'etw ..... ..... .......... va gn, ppm, 26 ... ................... .................. strip.. . ....... ........... .............. 27 Council, ....28 SU...p"ppip&� . allowed A ponumen ! with ............ 29 sign VI. a surface sign area not to..dxede' �1 p A e.e. ..................... .................................. -w-4.,,�comprehensive 30 (9 f .......a _1,01$0...Aot p. Y. . .......... . .............. ........................ 31 U: he:::.CitM 'h t, "I.... .. . .......... .. .... ........ ........... ............. 50,000 square feet 32 a:.s.,.,:o pipg".pp ntpr:over*': 10.0,00,0:�,4,66, f have .6 .. 33 is' up I . our s., f Mmes the --f which:i js allowed ..:o h:er ............ c ornme,rciaFes ,a6,hs nients' 34 t 6 ............................. ......................................... .... .... .0 1;.. 1s rmi e r. .."t searchlight tt 35 S ...ej- d'-'f Ubjdctt q:approva e::.. ounci .,�:.-61:� City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -15- 1 specrai even .,.not to exceed three conseeut�ve nights 2 Subd. 3. LIGHT INDUSTRIAL: The following signs are permitted in a Light 3 Industrial District and may be erected after obtaining a permit and paying required 4 license fee. 5 (1) One business or identification canopy or wall sign ergtovyay 6 £irQ.pjgge pertinent as regulated in Subsection 1400.11, Sut d.213, or one 7 freestanding sign as regulated and permitted in Subsection 1400.09 8 (2) In a district zoned for light industrial businesses, signs containing one 9 square foot for every 100 square feet of ground floor space will be 10 allowed up to a total sign surface area of 150 square feet. 11 Stb�l� ftCRATIONAZ,0 SPACE: The Iollowtng signs areern3ttte�l to 12 W. ecreAti 0 hU :r5en1 bacq: Xs trict and may be erected after�btaumg 8 Iiemii and 13 pang required license fee: 141 ubaect.to approval of the ounc�i, monument....................ri.. in signs are arty �5 allowed m ttu's distnct. The monument sign may Piave a s�gti<suface 6 area not to exceed i5ff:'i,re feet The sign surface area of a:wall i:: •';:: ::i:: ::::t is Fj:':•i j::;:j:::ii : 17 sign...............y npt exceed 1S% o£the area qi the wall to iyh}% t:>.s aPpltecf 18 1400.13 ADJUSTMENTS AND APPEALS. 19 Subd. 1. COMPOSITION: The commission of adjustments and appeals will be 20 comprised of all e€ the members of the planning commission. 21 Subd. 2. POWERS AND DUTIES: The commission will hear and make 22 recommendations to the Council regarding: 23 (1) Appeals where it is alleged that there is an error in any order, 24 requirement, decision or determination made by an administrative 25 officer in the enforcement of this Chapter. 26 (2) Petitions for variances from the literal provisions of ordinances in 27 instances where their strict enforcement would cause hardship because 28 of circumstances unique to the individual property under consideration. 29 The commission may recommend the granting of such variances only 30 when it appears upon evidence presented that: 1. The granting of the variance will not be detrimental to the other 2 property in the neighborhood or City; and City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2 , 1992 Page -16- 1 2. A particular hardship to the applicant would result if the strict letter 2 of the regulations are adhered to; or 3 3. The conditions upon which the application for a variance is based 4 are unique to the sign or to the parcel of land for which the variance 5 is sought and are not applicable, generally, to other property within the 6 same land use classification. 7 1400.14 VARIANCES 8 Subd. 1. VARIANCES GRANTED: Variances may be granted by the Council after 9 a hearing is held by the Planning Commission and a recommendation is made to the 10 Council. Notices will be given, and a public hearing will be held, in the manner 11 provided in Section xx, Subd. xx, Item xx, of this Code's Zoning Chapter 16. I ...........................................................................:......:::.::.:�::::::::::.:.:::.:::::.::.::::::::::::::::::::::::::. .::.�::::::. >:> . :: s; >: u >ta :;> 1 ::. :> .z�n::> .ne::>:>:e 12 :'.'O its -'--0. a:r�ance:has:> e aliatlo . Q .s. :.:. m::.si. Ce.. ac .: Y.::::::::::::::::::::::,::::::::::::::::.::::::::::::.:::::::::::::::::::::::<::.:. :......................................................................................................... 13 ::<.rteidv:"<>theCt`: Curiiwil Y y .: 14 Subd. 2. MAJORITY VOTE: A majority affirmative vote of Council members 15 present is required to approve a variance. 16 Subd. 3. FEE: An application for a variance must be accompanied by the fee • 17 provided in Section xx. 18 1400.15 NON-CONFORMING SIGNS 19 Subd. 1. LEGAL CONFORMING: All signs existing as of March 10, 1983 20 conforming to the requirements of this Chapter and not requiring permit under the 21 provisions of this Chapter, may be maintained so long as they continue to comply 22 with the provisions of this Chapter, as it may from time to time be amended. 23 Subd. 2. LEGAL NON-CONFORMING SIGNS: All signs existing as of March 10, 24 1983 which would be prohibited by this Chapter, or which would require a permit 25 under this Chapter but have not received a permit, will be deemed to be legal non- 26 conforming signs. Legal non-conforming signs may continue to exist without a permit 27 and without constituting a violation of this Chapter until one or more of the following 28 occurs: 29 (1) The sign is structurally altered (except for normal maintenance) in a 30 way which makes the sign less in compliance with this Chapter than it 31 was before the alteration. 32 (2) The sign is relocated to a position making it less in compliance with • 33 this Chapter than it was before the relocation. City of Saint Anthony Proposed Sign Ordinance Revisions Draft #4 -- September 2, 1992 Page -17- 1 (3) The sign is replaced. 2 (4) Any new primary sign is erected or placed in connection with the 3 enterprise using the legal non-conforming sign. 4 1400.16 ENFORCEMENT: If a sign is in violation of this Chapter, or is in danger of 5 falling, or is otherwise a menace to the safety of persons or property, the City Manager may 6 give to the owner of the property on which the sign is located, written notice specifying the 7 violation, ordering the cessation of the violation and requiring either the removal of the sign 8 or remedial work in the time and manner specified.in the notice. In the event of failure to 9 comply with the notice within 30 days, the City Manager may remove the sign or cause such 10 remedial work to be done. The cost of the work performed by the City must be paid to the 11 City by the owner of the property by certifying the costs to the County Treasurer for 12 collection in the same manner as real estate taxes. If a sign which has been removed is not 13 reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise 14 disposed of by the City. If a sign is found to be an immediate danger to the public be 15 of its unsafe condition, it may be removed without notice, and written notice of removal and 16 reasons for the removal will be given to the owner of the property on which the sign located 17 as soon as possible. First Reading: September 8, 1992 Second Reading: September 22, 1992 Adopted: • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 - September 2, 1992 Page Number 1 1 HOUSING MAINTENANCE AND OCCUPANCY ORDINANCE 2 3 INTRODUCTION 4 5 PURPOSE. The purpose of this ordinance is to protect the public health, safety, and the 6 general welfare of the people of the City. These general objectives include, 7 among others, the following: 8 9 1. to protect the character and stability of residential area within the City; 10 11 2. to correct and prevent housing conditions that adversely affect or are likely to 12 adversely affect the life, safety, general welfare and health, including physical, 13 mental and social well-being of persons occupying dwellings within the City of 14 Saint Anthony; 15 16 3. to provide minimum standards for cooking, heating, and sanitary equipment 17 necessary to the health and safety of occupants of buildings; 18 *9 4. to provide minimum standards for light and ventilation, necessary to health 20 and safety; 21 22 5. to prevent the overcrowding of dwellings by providing minimum space 23 standards per occupant for each dwelling unit; 24 25 6. to provide minimum standards for the maintenance of existing residential 26 buildings, and to thus prevent slums and blight; 27 28 7. to preserve the value of land and buildings throughout the City. 29 30 With respect to rental disputes, and except as otherwise specifically provided by the 31 terms of this ordinance, it is not the intention of the City Council to intrude upon the fair 32 and accepted contractual relationship between tenant and landlord. The City Council does 33 not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be 34 receptive to complaints from tenant or landlord which are not specifically and clearly 35 relevant to the provisions of this ordinance. In the absence of such relevancy with regard 36 to rental disputes, it is intended that the contracting parties exercise such legal sanctions as 37 are available to them without the intervention of the City Council to interfere or permit 38 interference with legal rights to personal privacy. 39 40 APPLICABILITY OF ORDINANCE. Every building and its premises used in whole or in 01 part as a home or residence, or as an accessory structure thereof, for a single family or 42 person, and every building used in whole or in part as a home or residence for two or more City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 2 1 persons or families living in separate units shall conform to the requirements of this 2 ordinance, irrespective of when such building may have been constructed, altered, or 3 repaired. This ordinance establishes minimum standards for erected dwelling units, 4 accessory structures, and related premises. If a minimum standard in this ordinance is in 5 question, the Minnesota Uniform Building Code, Minnesota State Electrical Code, 6 Metropolitan Wastewater Control Commission shall be referred to and be applicable in the 7 case that a standard in this ordinance is not as stringent/current as the referred to code. 8 9 SECTION 1. 10 11 DEFINITIONS. The following definitions shall apply in the interpretation and enforcement 12 of this ordinance: 13 14 1. Accessory structure - a structure subordinate to the main or principal dwelling 15 or dwellings and which is not used nor authorized to be used for living or 16 sleeping by human occupants and which is located on the premises. 17 18 2. Buildin - any structure erected for the support, shelter, or enclosure of • 19 persons, animals, chattels, or movable property of any kind. 20 21 3. Compliance Official - the City Manager and designated agents authorized to 22 administer and enforce this ordinance. 23 24 4. Composting-yard waste materials that can be decomposed to create fertilizer 25 and eliminate the need for disposal. 26 27 5. Dwelling - a building, or portion thereof, designed or used predominantly for 28 residential occupancy of a continued nature, including 1-family dwellings, 2- 29 family dwellings, and multiple family dwellings; but not including hotels and 30 motels. 31 32 6. Dwelling unit - a single residential accommodation which is arranged, 33 designed, used or, if vacant, intended for use exclusively as a domicile for one 34 family. Where a private garage is structurally attached, it shall be considered 35 as part of the building in which the dwelling unit is located. 36 37 7. Family or Household - any of the following definitions shall apply: 38 39 - A person or persons related by blood, marriage, or adoption, together with 40 their domestic servants and/or gratuitous guests, maintaining a common 41 household in a dwelling unit; 42 • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 3 1 - Group or foster care of not more than six (6) wards or clients by an 2 authorized person or persons, related by blood, marriage, or adoption, 3 together with their domestic servants or gratuitous guests, all maintaining a 4 common household in a dwelling unit approved and certified by the 5 appropriate public agency; 6 7 - A group of not more than five (5) persons not related by blood, marriage, 8 or adoption maintaining a common household in a dwelling unit. 9 10 Current definition in the zoning ordinance: one person or two or more 11 persons each related to the others by blood, marriage, adoption, or foster 12 care, or a group of not more than the owner or a residence plus three persons 13 not so related occupying the residence and maintaining a common household 14 and using common cooking and kitchen facilities. 15 1 16 8. Flush water closet - a toilet, with a bowl and trap made in one piece, which 17 is connected to the City water and sewer system or other approved water 18 supply. 1 9 0 9. Garbage putrescible animal and vegetable wastes resulting from the 21 handling, preparation, cooking, or consumption of food. 22 23 10. Habitable building - any building or part thereof that meets minimum 24 standards for use as a home or place of abode. 25 26 11. Habitable room -.a room or enclosed floor space used or intended to be used 27 for living, sleeping, cooking, or eating purposes, excluding bathrooms, water 28 closet compartments, laundries, furnace rooms, unfinished basements, (those 29 without required ventilation, required electric outlets and required exits), 30 pantries, utility rooms of less than 50 square feet of .floor space, foyers, 31 communicating corridors, stairways, closets, storage spaces, and workshops, 32 hobby and recreation areas in parts of the structure below ground level or in 33 attics. 34 35 12. Heated water - water heated to a temperature of not less than 120 degrees 36 Fahrenheit, or such lesser temperature required by government authority, 37 measured at faucet outlet. 38 39 13. Kitchen - a space which contains a sink with counter working space, adequate 40 space for installing cooking and refrigeration equipment, and adequate space 01 for the storage of cooking utensils. 42 City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 4 1 14. Multiple family dwelline - a dwelling or portion thereof containing three or 2 more dwelling units. 3 4 15. Occupant - any person (including owner or operator) living, sleeping, cooking 5 and eating in a dwelling unit or living and sleeping in a rooming unit. 6 7 16. Operator - the owner or agent who has charge, care, control, or management 8 of a building, or part thereof, in which dwelling units or rooming units are let. 9 10 17. Owner - any person, firm or corporation who, alone,jointly, or severally with 11 others, shall be in actual possession of, or have charge, care or control of, any 12 dwelling, dwelling unit, or rooming unit within the City as owner, employee or 13 agent of the owner, or as trustee or guardian or the estate or person of the 14 title holder. Any such person representing the actual owner shall be bound 15 to comply with the provisions. of this ordinance to the same extent as the 16 owner. 17 18 18. - Permissible occupancy - the maximum number of persons permitted to reside 19 in a dwelling unit or rooming unit. • 20 21 19. Person - an individual, firm, partnership, association, corporation or joint 22 venture or organization of any kind. 23 24 20. Plumbing- all of the following supplied facilities and equipment in a dwelling: 25 gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal 26 units, waste pipes, water closets, sinks, installed dishwashers, lavatories, 27 bathtubs, shower baths, installed clothes washing machines, catch basins, 28 drains, vents, and any other similar fixtures and the installation thereof, 29 together with all connections to water, sewer and gas lines. 30 31 21. Premises - a platted lot or part thereof or unplatted parcel of land, either 32 occupied or unoccupied by any dwelling or nondwelling structure, including 33 such building, accessory structure or other structure thereon. 34 35 22. Public hall - a hall, corridor or passageway for providing egress from a 36 dwelling unit to a public way and not within the exclusive control of one 37 family. 38 39 23. Recyclables - Materials which may be recycled or reused through recycling 40 processes, including metal beverage containers,glass, newsprint, plastic bottles 41 with necks, corrugated cardboard, magazines, catalogs, phone books and any • 42 other materials designated as recyclables by Council resolution. • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 5 1 24. Refuse - all putrescible and nonputrescible waste solids including garbage and 2 rubbish. 3 4 25. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or 5 lease. 6 7 26. Repair.- to restore to a sound and acceptable state of operation, serviceability 8 or appearance. 9 10 27. Rodent harborage - any place where rodents can live, nest, or seek shelter. 11 12 28. Rooming unit - any room or group of rooms forming a single habitable unit 13 used or intended to be used for living and sleeping, but not for cooking and 14 eating purposes. 15 16 29. Safety - the condition of being reasonably free from danger and hazards which 17 may cause accidents or disease. 18 09 . 30. Substandard dwelling - any dwelling which does not conform to the minimum 20 standards established by City Ordinance. 21 22 31. Supplied - paid for, furnished by, provided by or under the control of the 23 owner, operator, or agent of a dwelling. 24 25 32. Meaning of certain words - whenever the words "dwelling", "dwelling unit", 26 "premises", or "structure" are used in this ordinance, they shall be construed 27 as though they were followed by the words "or any part thereof'. 28 29 33. Undefined Words - Words not specifically defined in this ordinance shall have 30 the common definition set forth in a standard unabridged dictionary. 31 32 SECTION 2. 33 34 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall 35 occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the 36 premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal 37 requirements of the State of Minnesota and the City of Saint Anthony, including the 38 following requirements: 39 40 MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a dwelling *I containing two or more dwelling units shall maintain in a clean and sanitary condition the 42 shared or public areas of the dwelling and premises thereof. City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 6 1 MAINTENANCE OF OCCUPIED AREAS. Every occupant of a dwelling, dwelling unit 2 or rooming unit shall maintain in a clean and sanitary condition that part or those parts of 3 the dwelling, dwelling unit and premises thereof that the occupant resides in and controls. 4 5 STORAGE AND DISPOSAL OF REFUSE AND RECYCLABLES. Every occupant of a 6 dwelling, dwelling unit or rooming unit shall store and dispose/recycle of all refuse and . 7 recyclables in a clean, sanitary, and safe manner as prescribed by Chapter ### of the City 8 Ordinances. Every owner of a multiple family dwelling shall supply facilities for the sanitary 9 and safe storage and/or disposal/recycling refuse/recyclables. In the case of single or two- 10 family dwellings, it shall be the responsibility of the occupant to furnish such facilities. The 11 storage of refuse and'recyclable collection items shall not be kept in the front yard setback. 12 13 STORAGE OF WOOD. Wood used for fireplaces shall be stacked, at least 12" off the 14 ground. Woodpiles shall not be in the front yard setback. 15 16 RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. The owner 17 of a rental dwelling unit shall be responsible for providing and hanging all screens and storm 18 doors and storm windows whenever the same are required under the provisions of this 19 ordinance. • 20 21 RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling 22 containing a single dwelling unit shall be responsible for the extermination of vermin 23 infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling 24 containing more than one dwelling unit shall be responsible for such extermination whenever 25 his/her dwelling unit is the only one infested. Notwithstanding, however, whenever 26 infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof or 27 vermin-proof condition, extermination shall be the responsibility of the owner. Whenever 28 infestation exists in two or more of the dwelling units in any dwelling, or in the shared or 29 public parts of any dwelling containing two or more dwelling units, extermination shall be 30 the responsibility or the owner. 31 32 RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of a 33 dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar 34 materials in such a manner that may provide a rodent harborage in or about any dwelling 35 or dwelling unit. Materials permitted to be stored shall be stacked in piles. Certain 36 materials, such as firewood, should be elevated at least one foot to avoid attracting rodents. 37 38 RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner shall 39 accumulate or permit the accumulation of boxes, lumber, scrap metal, or any other similar 40 materials in such a manner that may provide a rodent harborage in or about shared or 41 public areas of a dwelling or its premises. Materials permitted to be stored by the owner • 42 shall be stacked in piles. • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 7 1 PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a dwelling or 2 dwelling unit shall store, place, or allow to accumulate any materials that may serve as food 3 for rodents in a site accessible to rodents. 4 5 SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant of a 6 dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary 7 condition and shall be responsible for the exercise of reasonable care in the proper use and 8 operation thereof. 9 10 MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit or 11 rooming unit when the control of the supplied heat is the responsibility of a person other 12 than the occupant, the supply must be zoned controlled and at a temperature of at least 68 13 degrees Fahrenheit, or such lesser temperature required by government authority, shall be 14 maintained at a distance of three feet above the floor and three feet from exterior walls in 15 all habitable rooms, bathrooms, and water closet compartments. 16 17 REMOVAL OF SNOW AND ICE. The owner of a multiple family dwelling or dwellings 18 shall be responsible for the removal of snow and ice from parking lots, driveways, steps and R9 walkways on the premises. Individual snowfalls of three inches or more, or successive 0 snowfalls accumulating to a depth of three inches, shall be removed from parking lots and 21- driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch 22 or more, or successive snowfalls accumulating to a depth of one.inch, shall be removed from 23 steps and walkways within 16 hours after cessation of the snowfall. 24 25 MINIMUM EXTERIOR LIGHTING. The owner of a multiple family dwelling shall be 26 responsible for providing and maintaining effective illumination in all exterior parking lots 27 and walkways. 28 29 MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a multiple 30 family dwelling or dwellings shall be responsible for providing and maintaining in good 31 condition paved and delineated parking areas and driveways for tenants consistent with 32 Chapter ### of the City Ordinances. 33 34 MAINTENANCE OF YARDS. The owner of a multiple family dwelling or dwellings shall 35 be responsible for providing and maintaining premises' yards. Appropriate yard cover, as 36 described in Section X, Subd. X, Yard Cover is required.. Storage of items that maybe a 37 rodent harborage are prohibited. 38 39 40 �1 SECTION 3. 42 City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 8 1 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person 2 shall occupy as owner, occupant, or let to another for occupancy any-dwelling or dwelling 3 unit, for the purposes of living, sleeping, cooking and eating therein, which does not comply 4 with the following requirements: 5 6 KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in 7 which food may be prepared and/or cooked and which shall have adequate circulation area, 8 and which shall be equipped with the following: 9 10 1. A kitchen sink in good working condition and properly connected to an 11 approved water supply system and which provides at all times an adequate 12 amount of heated and unheated running water under pressure, and which is 13 connected to an approved sewer system. 14 15 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking 16 equipments and utensils and of food that does not require refrigeration for. 17 safekeeping; and a counter or table for food preparation. Said cabinets 18 and/or shelves and counter or table shall be adequate for the permissible 19 occupancy of the dwelling unit and shall be of sound construction furnished 20 with surfaces that are easily cleanable and that will not impart any toxic or 21 deleterious effect to food. 22 23 3. A stove or similar device for cooking food, and a refrigerator or similar device 24 for the safe storage of food, which are properly installed with all necessary 25 connections for safe, sanitary and efficient operation. Provided that such 26 stove, refrigerator, or similar devices need not be installed when a dwelling 27 unit is not occupied and when the occupant is expected to provide same on 28 occupancy, in which case sufficient space and adequate connections for the 29 installation and operation of said stove, refrigerator or similar device must be 30 provided. 31 32 TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room which 33 is equipped with a flush water closet in good working condition. In a rental dwelling unit, 34- such.room shall have an entrance door which affords privacy. Said flush water closet shall 35 be equipped with easily cleanable surfaces, shall be connected to an approved water system 36 that at all times provides an adequate amount of running water under pressure to cause the 37 water closet to be operated properly, and shall be connected to an approved sewer system. 38 39 LAVATORY SINK. Within every dwelling unit there shall be a lavatory sink. Said lavatory 40 sink may be in the same room as the flush water closet, or if located in.another room, the 41 lavatory sink shall be located in close proximity to the door leading directly into the room • 42 in which said water closet is connected to an approved water supply system and shall provide • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 9 1 at all times an adequate amount of heated and unheated running water under pressure, and 2 shall be connected to an approved sewer system. 3 4 BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable room 5 which is equipped with a bathtub or shower in good working condition. In a rental dwelling . 6 unit, such room shall have an entrance door which affords privacy. Said bathtub or shower 7 may be in the same room as the flush water closet, or in another room, and shall be 8 properly connected to an approved water supply system and shall provide at all times an 9 adequate amount of heated and unheated water under pressure, and shall be connected to 10 an approved sewer system. 11 12 STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a 13 dwelling and every porch or balcony, shall be kept in safe condition and sound repair and 14 shall be in compliance with minimum standards in the Minnesota Uniform Building Code. 15 Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every 16 handrail and balustrade shall be firmly fastened and maintained in good condition. No flight 17 of stairs shall have settled out of its intended position or have pulled away from the 18 supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have rotting, loose, or deteriorating supports.- Excepting spiral and winding stairways, the treads w10 and risers of every flight of stairs shall be uniform in width and height. 21 22 ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall be. 23 provided without passing through any other dwelling unit.- 24 25 DOOR LOCKS AND SECURITY. No owner shall occupy nor let to another for occupancy 26 any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are 27 equipped with safe, functioning locking devices. Any door for ingress or egress of any 28 dwelling or dwelling unit shall be equipped with an approved lock that has a dead-locking 29 bolt that cannot be retracted by end pressure, however, that such door shall be openable 30 from the inside without the use of a key or any special knowledge or effect. Multiple family 31 dwellings shall be furnished with door locks as follows: 32 33 (a) Multiple Family Dwelling Security Systems. For the purpose of providing a 34 reasonable amount of safety and general welfare for persons occupying 35 multiple family dwellings,.an approved security system shall be maintained for 36 each multiple family building to control access. The security system shall 37 consist of locked building entrance or foyer doors, and locked doors leading 38 from hallways into individual dwelling units. Dead-latch type door locks shall 39 be provided with lever knobs (or door knobs) on the inside of building 40 entrance:doors and with key cylinders on the outside of building entrance 41 doors. Building entrance door latches shall be of a type that are permanently 4 locked from the outside and permanently unlocked from the inside. City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 10 1 (b) Dwelling Unit Door Locks. Every door that is designed to provide ingress or 2 egress for a dwelling unit within a multiple family building shall be equipped 3 with an approved lock that has a dead-locking bolt that cannot be retracted 4 by end pressure, however, that such door shall be openable from the inside 5 without the use of a key or any special knowledge or effect. 6 7 SUMP PUMP WELLS. At the point of sale of a dwelling unit, sump pumps and drain tile 8 must be inspected visually and/or by smoking to ensure that they are not connected in any 9 manner to the sanitary sewer system. If the Compliance Officer determines the sump pump 10 or drain tile is connected to the sanitary sewer system, the situation must be corrected before 11 the dwelling unit is considered in compliance to be sold. 12 13 MANUAL AND AUTOMATIC CHECK VALVES. At the point of sale of a dwelling unit, 14 a homes sanitary sewer line to the main street line must be inspected for manual and 15 automatic check valves. If the Compliance Officer determines that both manual and 16 automatic check valves are necessary to prevent backflow, the situation must be corrected 17 before the dwelling unit is considered in compliance to be sold. 18 19 MULTIPLE DWELLING OUTDOOR WATER SERVICE METERING. Each multiple • 20 dwelling shall have a meter measuring the amount of water used for such outdoor activities 21 as lawn maintenance, gardening, parking lot cleaning. 22 23 FIRE SAFETY EQUIPMENT. Every dwelling and dwelling unit shall have necessary fire 24 safety equipment, such as fire extinguishers and smoke alarms and other equipment as 25 required by State Fire Code. 26 27 MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy 28 as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the 29 purpose of living therein, which does not comply with the following requirements: 30 31 HABITABLE ROOM VENTILATION. Except where there is supplied some other device 32 affording adequate ventilation and approved by the Compliance Official, every habitable 33 room shall have at least one window facing directly outdoors which can be opened easily. 34 The minimum total of openable window area in every habitable room shall be in compliance 35 with minimum standards in the Minnesota Uniform Building Code. 36 37 NONHABITABLE ROOM VENTILATION. - Every bathroom and water closet 38 compartment, and every laundry and utility room shall contain at least 50% of the ventilation 39 requirement for habitable rooms contained in Section #####,except that no windows shall 40 be required if such rooms are equipped with a ventilation system which is approved by the 41 Compliance Official. • 42 • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 11 1 ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all public , 2 and common areas shall be supplied with electric service, functioning over current protection 3 devices, electric outlets, and electric fixtures which,are properly installed, which shall be 4 maintained in good and safe working conditions, and shall be connected to a source of 5 electric power in a manner prescribed by the ordinances, rules and regulations of the City 6 of Saint Anthony and by the laws of the State of Minnesota. The minimum capacity of such 7 electric service and the minimum number of electric outlets and fixtures shall comply with 8 the current Minnesota State Electrical Codes. 9 10 MINIMAL THERMAL STANDARDS. No person shall occupy as owner, occupant or let 11 to another for occupancy any dwelling or dwelling unit for the purpose of living therein, 12 which does not have heating facilities which are properly installed, and which are maintained 13 in safe and good working condition, and which are capable of safely and adequately heating 14 all habitable rooms, bathroom, and water closet compartments in every dwelling unit located 15 therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above 16 floor level and three feet from exterior walls at an outside temperature of -25 degrees 17 Fahrenheit. Gas or electric appliance designed primarily for cooking or water heating 18 purposes shall not be considered as heating facilities within the meaning of this section. 9 Portable heating equipment employing flame and the use of liquid fuel does not meet the 0 requirements of this section and is prohibited. No owner or occupant shall install, operate 21 or use a space heater employing a flame that is not vented outside. the structure in an 22 approved manner. 23 24 25 GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to 26 another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which 27 does not comply with the following requirements: 28 29 FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation, exterior walls and 30 exterior roof shall be substantially water tight and protected against vermin and rodents and 31 shall be kept in sound condition and repair. The foundation _element shall adequately 32 support the building at all points. Every exterior wall shall be free of deterioration, holes; 33 breaks, loose or rotting boards or timbers, and any other condition which might admit rain 34 or dampness to the interior portion of the walls or to the exterior spaces of the dwelling. 35 The roof shall be tight and have no defects which admits rain, and roof drainage shall be 36 adequate to prevent rain water from causing dampness in the walls. All exterior wood 37 surfaces, other than decay resistant woods, shall be protected from the elements and decay 38 by paint or other protective covering or treatment. If 25% or more of the exterior surface 39 is unpainted or determined by the Compliance Official to be paint blistered, the surface shall 40 be painted. If 25% or more of the exterior surface of the pointing of any brick, block or 01 stone wall is loose or has fallen out, the surface shall be repaired. 42 City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 12 1 WINDOWS, DOORS AND SCREENS. Every window, exterior door, and hatchway shall 2 be substantially tight and shall be kept in sound condition and repair. Every window, other 3 than a fixed window or storm window, shall be capable of being easily opened. Every 4 window, door and frame shall be constructed and maintained in such relation to the adjacent 5 wall construction as to completely exclude rain, wind, vermin and rodents from entering the 6 building. Every openable window or other device required by Section #### shall be 7 supplied with mesh screens during the insect season of a mesh size provided for in the 8 Minnesota Uniform Building Code. 9 10 FLOORS, INTERIOR WALLS AND CEILINGS. Every floor, interior wall, and ceiling 11 shall be adequately protected against the passage and harborage of vermin and rodents, and 12 shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, 13 protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes 14 and large cracks and loose plaster and shall be maintained in a tight, weatherproof 15 condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every 16 toilet room and bathroom floor shall be capable of being easily maintained in a clean and 17 sanitary condition. 18 19 RODENT PROOF. Every dwelling and accessory structure and the premises upon which • 20 located shall be maintained in a rodent-free and rodent-proof condition. All openings in the 21 exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2" 22 diameter or large opening shall be rodent-proofed in an approved manner. Interior floors 23 or basements, cellars and other areas in contact with the soil shall be paved with concrete 24 or other rodent impervious material. 25 26 FENCE MAINTENANCE. All fences supplied by the owner or agent on the premises and 27 all fences erected or caused to be erected by an occupant on the premises shall consist of 28 metal, wood, masonry, or other decay resistant material. Fences shall be maintained in good 29 condition both in appearance and in structure. Wood material, other than decay resistant 30 varieties, shall be protected against decay by use of paint or other preservatives. All exterior 31 wood surfaces, other than decay resistant woods, shall be protected from the elements and 32 decay by paint or other protective covering or treatment. If 25% or more of the exterior 33 surface is unpainted or determined by the Compliance Official to be paint blistered, the 34 surface shall be painted. If 25% or more of the exterior surface of the pointing of any brick, 35 block or stone wall is loose or has fallen out, the surface shall be repaired. Fences, when 36 constructed to enclose any lot or tract of land shall be located in such a way that the entire 37 fence shall be on the property of the builder thereof. Posts and framework shall be placed 38 within the property lines of the owner and the actual fencing material such as wire, lumber, 39 pickets, etc. shall be placed on the side of the fence which faces the street or the adjacent 40 property. 41 • 42 ACCESSORY STRUCTURE MAINTENANCE. Accessory structures supplied by the • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 13 1 owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound, 2 and be maintained in good repair and appearance. The exterior of such structures shall be 3 made weather resistant through the use of decay-resistant materials such as paint br other 4 preservatives. All exterior wood surfaces, other than decay resistant woods,, shall be 5 protected from the elements and decay by paint or other protective covering or treatment. 6 If 25% or more of the exterior surface is unpainted or determined by the Compliance 7 Official to be paint blistered, the surface shall be painted. If 25% or.more of the exterior 8 surface of the pointing of any brick, block or stonewall is loose or has fallen out, the surface 9 shall be repaired. 10 11 SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall, 12 ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto, 13 shall be safe to use and capable of supporting loads that normal use may cause to be placed 14 thereon. 15 16 FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility 17 required under City Ordinances and every chimney and flue shall be installed and 18 maintained and shall function effectively in a safe, sound and working condition. 9 0 GRADING AND DRAINAGE. Every yard, court, passageway, and other portions in the 21 premises on which a dwelling stands shall be graded and drained so as to be free of standing 22 water that constitutes a detriment to health and safety. 23 24 UNIT BELOW GRADE. No space located more than four feet below grade shall be used 25 as a habitable room of a dwelling unless approved by the Compliance Official. Approval 26 shall be based on compliance with the minimum standards of this Code for habitable rooms. 27 28 YARD COVER. Every yard of a premises on which a- dwelling stands shall be provided 29 with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related 30 decorative materials and such yard shall be maintained consistent with prevailing community 31 standards. It shall be unlawful for any owner of any occupied or unoccupied lot or parcel 32 of land to permit or maintain on such any growth of weeds, grass, brush or other rank 33 vegetation to a greater height than six (6") inches on the average or any accumulation of 34 dead weeds, grass or brush. It shall also be unlawful for any such person or persons to 35 cause, suffer or allow noxious weeds or plants identified and defined by the Minnesota 36 Department of Agriculture to grow on any such lot or parcel of. land. Native grasses 37 indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, 38 setback a minimum of twenty (20') feet from the front property line as part of a garden or 39 landscape treatment are exempt from this ordinance. 40 01 COMPOSTING. Composting is permitted provided the following regulations are complied 42 with: (1) composting shall be conducted within an enclosed container(s) not to exceed a i City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 14 1 total of one .hundred (100) cubic feet in volume and five feet high for all city lots; (2) the 2 container(s) shall be of a durable material such as wood, block, or sturdy metal fencing 3 material; (3) the compost container(s) shall be located at least five (5) feet from lot lines 4 and be placed no closer than 20 feet to any habitable building other than the resident's own 5 home nor less than two feet from the alley if any alley exists; (4) only organic yard materials, 6 such as grass clippings, leaves, faded flowers, weeds, sawdust, wood ash and plant trimmings, 7 lake plants, straw and commercially available compost amendments, may be placed in the 8 compost container(s); (5) none of the following materials shall be placed in the compost 9 container(s): meat, bones, fat oils, dairy products and other kitchen wastes; whole branches 10 or logs, plastics, synthetic fibers, human or pet wastes or diseased plants; (6) compost shall 11 be properly managed to minimize odor generation and promote effective decomposition of 12 the material. 13 14 TREES AND BRUSH. Every yard of a premises on which a dwelling stands shall properly 15 trim and dress all trees and brush so overgrowth does not overwhelm access or safety 16 sightlines near right-of-ways. 17 . 18 DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or occupant 19 shall cause any service, facility, equipment or utility which is required under this ordinance, • 20 . to be removed from or shut off from or discontinued for any occupied dwelling or dwelling 21 ' unit let or occupied, except for such temporary interruptions as may be necessary while 22 actual repairs or alterations are in process, or during temporary emergencies. 23 24 SECTION 4. 25 26 MAXIMUM DENSITY, MINIMUM SPACE,USE AND LOCATION REQUIREMENTS. 27 No person shall occupy nor permit or let to be occupied any dwelling or dwelling unit for 28 the purpose of living therein, which does not comply with the following requirements: 29 30 PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners 31 occupying a respective dwelling unit prior to 1940, the maximum permissible occupancy of 32 any dwelling unit shall be determined by reference to the current Minnesota Uniform 33 Building Codes. 34 35 ONE FAMILY PER DWELLING UNIT. Not more than one family, except for temporary 36 guests, shall occupy a dwelling unit. 37 38 MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear 39 ceiling height of not less than seven feet, six inches, except that in attics or top-half stories 40 used for sleeping, study, or similar activities, the ceiling height shall be not less than seven . 41 feet six inches over at least one-half of the floor area. In calculating the floor area of such 42 rooms in attics or top-halt stories, only those portions of the floor area of the room having • City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 15 1 a clear ceiling height of five feet or more may be included. Open beam ceilings shall have 2 a clear ceiling height of seven feet. 3 4 ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit built 5 after 1940 and containing two or more sleeping rooms shall have a room arrangement such 6 that access to a bathroom or water closet compartment intended for use by occupants of 7 more than one sleeping room can be gained only by going through another sleeping room, 8 nor shall the room arrangement be such that access to a sleeping room can be gained only 9 be going though another sleeping room. A bathroom or water closet compartment shall not 10 be used as the only passageway to any habitable room, hall, basement or cellar or to the 11 exterior of any dwelling unit. • City of Saint Anthony Housing Maintenance Ordinance • Draft Number 5 -- September 2, 1992 Page Number 16 1 SECTION 5 2 3 INSPECTION AND LICENSING OF 4 APARTMENT HOUSE AND RENTAL HOMES 5 6 PURPOSE. It is the purpose of this ordinance to protect the health, safety and welfare of 7 citizens of the City who have as their place of abode a living unit in a multiple dwelling. 8 9 INTENTION. It is the intention of this ordinance that a mode of protecting and regulating 10 the living conditions of citizens residing in multiple dwellings in the City be established, and 11 that uniform standards be established for all multiple dwellings in the City. 12 13 LICENSE REQUIRED. No person, partnership, corporation or other group or entity shall 14 own or operate a multiple dwelling in the City without the owner of the multiple dwelling 15 first having obtained a license in accordance with this ordinance. 16 17 APPLICATION FOR LICENSES. Applications for licenses shall be made in writing to the 18 Clerk by the owner of the multiple dwelling on forms provided by the City. The purchaser 19 of a multiple dwelling may apply as the 'owner'; provided, however, that any license issued 20 pursuant to an application by a purchaser shall be contingent upon closing the purchase and 21 upon the applicant becoming the owner. Applications shalt include, but not be limited to, 22 the following information with respect to the multiple dwelling: 23 24 Name and address of owner. 25 26 Name and address of a .person residing or having a business office in Hennepin or 27 Ramsey County, Minnesota and appointed by the owner as an agent for purposes of 28 notices under this ordinance and for service of process upon the owner. 29 30 Name and address of any managing operator or agent. 31 32 Name and address of all partners if the applicant is a partnership. 33 _... 34 Name and address of all officers and members of the board of directors if the 35 applicant is a corporation. 36 37 Name and address of the contract for deed vendor if the multiple dwelling is owned 38 under a contract for deed. 39 40 Legal address of the multiple dwelling. 41 42 Number and kind of units. City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 17 1 Height of the multiple dwelling in stories. 2 3 Exterior finish of building. 4 5 APPLICATION, EXECUTION. The application shall be subscribed and sworn to by the 6 owner, and shall be signed by (i) the owner if a natural person; (ii) an officer if a 7 corporation or(iii) a partner if a partnership. The owner's signature on the application shall 8 constitute (i) a consent by the owner to be bound by notices sent to the person referred to 9 in subdivision om of section xxxx of this ordinance, and (ii) appointment of said person as 10 the owner's agent for the purpose of service of process. 11 12 ISSUANCE AND TERM. Upon approval by the City Council, the City Clerk shall issue 13 a license to the owner of the multiple dwelling. A license shall be personal to the owner of 14 a specified multiple dwelling. No license may be transferred to a purchaser of a multiple 15 dwelling or to any other person or entity. If a multiple dwelling is sold, the purchaser shall 16 not own or operate the multiple dwelling without first obtaining the license provided for in 17 this ordinance. A license shall be valid for one year from the date issued, and shall 18 terminate on a date one year after the date of issuance unless renewed in accordance with 09 the ordinance. 0 21 RENEWAL. Applications for renewal of a license for a multiple dwelling shall be made in 22 writing to the City Clerk on forms provided by the City. Applications for renewal shall 23 contain the same information as applications for licenses, but may be signed by an agent or 24 manager on behalf of the owner if there has been no change in the information contained 25 in the most recent application on file. 26 27 LICENSE FEES. License fees for initial applications and renewals shall be in the amounts 28 set from time to time by resolution of the City Council. 29 30 POSTING. Every licensee of a multiple dwelling shall post the current annual license issued 31 by the City Clerk in a frame with a glass covering in a conspicuous location in a public 32 corridor, hallway, or lobby of the multiple dwelling for which it is issued. 33 34 TENANT REGISTER. The licensee shall, as a continuing obligation of its license, maintain 35 a current register of tenants and other persons who have a lawful right to occupancy of 36 apartments within the apartment house. In its application, the licensee shall designate the 37 person or persons who will have possession of the register; and shall promptly notify the City 38 Manager of any change of the identity, address or telephone numbers of such persons. The 39 register shall be available for inspection by the City Manager, or his/her 40 designate, at all times. 01 42 INSPECTIONS. City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 18 1 The City Manager and delegated inspectors are hereby authorized to make 2 inspections reasonably necessary to the enforcement of this ordinance, but at least 3 annually. 4 5 All police officers, sanitarians, or health officers of the City may inspect a multiple 6 dwelling when requested by the City Manager. 7 8 All persons authorized to inspect shall have the authority to enter, at reasonable 9 times, any multiple dwelling licensed pursuant to this ordinance. 10 11 Persons inspecting a multiple dwelling shall notify the licensee of all violations, if any, 12 by written notice. The notice shall direct compliance in not less than 15 days, unless 13 extended by the City Manager for good cause. 14 15 REVOCATION OR SUSPENSION. 16 17 Every license issued under this ordinance is subject to the right, which is hereby expressly 18 reserved, to suspend or revoke the same should the licensee or the licensee's agents, 19 employees, representatives or lessees directly or indirectly operate or maintain a multiple • 20 dwelling contrary to the provisions of state or federal law, this or any other ordinance of the 21 City; or any permit issued by the City. 22 23 A license may be suspended or revoked by the Council after written notice to the licensee 24 specifying the violations. The notice shall also specify the date for a hearing before the 25 Council, which shall not be less than 10 days after the date of the notice. 26 27 At the hearing, the licensee may present any evidence relevant to the violations specified in 28 the notice. 29 30 After a hearing, the Council may suspend or revoke the license if deemed necessary to 31 protect'the public health, safety or welfare. 32 33 SUMMARY ACTION. 34 35 When the conduct of a licensee or the licensee's agent, representative, employee of lessee, 36 or the condition of the licensed multiple dwelling, constitutes a nuisance, fire or health 37 hazard, unsafe or dangerous condition, or other emergency, the City Manager may 38 summarily condemn or close off the multiple dwelling or a portion thereof. 39 40' Any person aggrieved by a decision of the City Manager shall be entitled to appeal to the 41 Council, immediately, by filing a notice of appeal with the Manager. The Manager shall 42 schedule a date for hearing before the Council and notify the aggrieved person of the date. City of Saint Anthony Housing Maintenance Ordinance Draft Number 5 -- September 2, 1992 Page Number 19 1 The hearing shall be conducted in the same manner as if the aggrieved person had not 2 received summary action. 3 4 The decision of the City Manager shall not be voided by the filing of such appeal. Only 5 after the City Council has held its hearing will the decision of the City Manager be affected. 6 7 APPLICABLE LAWS. Licenses shall be subject to state and federal laws and all ordinances 8 of the City relating to multiple dwellings; and this ordinance shall not be deemed to 9 supersede or limit any other applicable law or ordinance. 10 11 PENALTIES. Each violation of this ordinance shall constitute a misdemeanor, and each 12 violation shall be subject to the penalties set forth in Subdivision 1 of Section 1100:00 of the 13 19xx Code of Ordinances. • • CITY OF ST. ANTHONY ORDINANCE 1992-007 AN ORDINANCE RELATING TO THE CONSTRUCTION, RECONSTRUCTION, REPAIR AND IMPROVEMENT OF STORM SEWER SYSTEMS AND RELATED FACILITIES AND CHARGES FOR THE USE AND AVAILABILITY OF STORM WATER FACILITIES; AMENDING THE ST. ANTHONY 1973 CODE OF ORDINANCES BY ADDING A NEW SECTION 260 The City Council of the City of St. Anthony hereby ordains: Section 1. The St. Anthony 1973 Code of Ordinances is amended to add a new Section 260 to read as follows: Section 260 - STORM WATER FACILITIES AND CHARGES 260.00. Establishment of Storm Water Facilities Fund. Pursuant to Minn. Stat. § 444.075, the City establishes a storm water facilities fund and authorizes the imposition of just and equitable charges for the use and availability of storm sewer facilities. For purposes of this Section 260, all provisions of Minn. Stat. § 444.075 • relating to storm water facilities are incorporated by reference and are made a part of this Section. 260.05. Findings and Determinations. Subd. 1. In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City has constructed, operated and maintained a storm sewer system, including mains, holding areas and ponds, and other appurtenances and related facilities (the "facilities"). This Section 260 is adopted in the further exercise of such authority in the future, for the same purposes, and for purposes of financing the cost of building, constructing, reconstructing, repairing, operating, maintaining, enlarging, improving or in any other manner obtaining, the facilities or any portion of them (the "facilities costs"). Subd. 2. The facilities have heretofore been financed and paid for through the imposition of special assessments and ad valorem taxes. It is now necessary and desirable to provide an alternative method of recovering some or all of the future facilities costs through the imposition of charges as provided in this Section. Subd. 3. In imposing charges for the facilities ("facilities charges"), it is • necessary to establish a procedure designed to make the charges just and equitable. Taking into account the status of completion of the facilities, past • methods of recovering facilities costs, the topography of the City,.and other relevant factors, it is determined that it would be just and equitable to assign responsibility for some or all of the future facilities costs on the basis of the expected storm water runoff from the various parcels of land within the City during a standard rainfall event. For purposes of this Section, a standard rainfall event is defined as a 10-year rainfall of 24-hour-duration, assuming Hydrologic Soil Group 'B' soils according to methods in the Hydrology Guide for Minnesota, published by the Soil Conservation Service. Subd. 4. The Council finds that assigning costs and making facilities charges based upon expected typical storm water runoff cannot be done with mathematical precision but can only be accomplished within reasonable and practical limits. The provisions of this Section undertake to establish a reasonable and practical method for imposing such charges. 260.10. Rates and Charges. Subd. 1. Rates and charges for the use and availability of the facilities will be determined by the use of a Residential Equivalent Factor ("REF"). For purposes of this Section, one REF is defined as the ratio of runoff volume (in inches) for a particular land use, to the runoff volume (in inches) for a typical single-family residential lot. Subd. 2. The City Council hereby adopts the following charges for the use and availability of the facilities. The charges to be made against each parcel of land in the City will be determined by multiplying the REF for the parcel, based on actual land use, times the parcel's acreage, times the facilities charge per acre, except that all R-1, R-1A and R-2 residential parcels will be presumed to be 1/3 - acre per dwelling unit ($12.00 per dwelling unit) on the presumption that most such parcels in the City are approximately that size and in order to avoid computation of the actual area of every such parcel in the City. The REF's for the following land uses within the City and the billing classifications and facilities charges for such land uses are as follows: Classification Land Uses REF Charge 1 Cemeteries,parks,golf courses, .60 $21.60 per acre railroads, vacant land 2 R-1, R-1A and R-2 residential 1.00 $12.00 per unit 3 R-3 residential .50 $6.00 per unit 4 Public and private schools and 1.38 $49.68 per acre institutional uses -2- 5 R4 residential, churches and 1.76 $63.36 per acre mobile home parks 6 Commercial and industrial 2.20 $79.20 per acre 260.15. Other Land Uses. Other land uses not listed in the table in Section 260.10 will be classified by the Director of Public Works by assigning them to classes most nearly like the listed uses from the standpoint of runoff volume for the standard rainfall event. An appeal from the Director of Public Work's determination of the property classification may be made to the City Council. 260.20. Exemptions. The following land uses are exempt from facilities charges: (a) City, County and State road and highway rights-of-way,.(b) lakes and ponds, and (c) City-owned property. 260.25. Seyarate Fund. All facilities charges, when collected, and all moneys received from the sale of any facilities or equipment or any by-products, will be placed in a separate fund, and used.first to pay the normal, reasonable and current costs of operating and maintaining the facilities. The net revenues received in excess of the costs may be pledged by resolutions of the Council, or may be used though not so pledged, for the payment of principal and interest on obligations issued as provided in subdivision 2, of Minn. Stat. § 444.075, or to pay the portion of the principal and interest as may be directed in the resolutions. 260.30. Adjustment of Charges. The City Council may by ordinance adopt policies providing for the adjustment of facilities charges for parcels or groups of parcels, based upon land use data supplied by affected property owners, which data demonstrates a runoff volume for the standard rainfall event substantially different from the REF being used for the parcel or parcels. Such adjustment will be made only upon recommendation of the director of Public Works and will not be made effective retroactively. 260.35. Public Hearing and Notice. The City will hold a hearing prior to determining whether to build, construct, enlarge or improve facilities financed in whole or in part by the imposition of facility charges. Notice of such hearing will be published in the official City newspaper at least 10 days prior to the date of hearing. Owners of all property adjoining a proposed improvement will be mailed or served with a notice at least 10 days in advance of the hearing. Failure to give mailed notice or any defects in the notice will not invalidate the proceedings. 260.40. Establishment of a Tax Lien. Any facilities charges in excess of 90 days past due on October 1 of any year may be certified to the County Auditor for collection with real estate taxes in the following year pursuant to Minn. Stat. § 444.075, Subd. 3. In addition, the City may bring a civil action or exercise other legal remedies to collect unpaid facilities charges. -3- 260.45. Recalculation of Charges. If a property owner or other person-responsible for paying facilities charges questions the correctness of the charges, such person may have the determination of the facilities charges recomputed by written_request to the Director of Public Works. Such request must be made within 30 days of the mailing of the billing in question. Section.2. This ordinance shall be in effect as of the date of its publication. First Reading: August 11, 1992 Second Reading: AUGUST 25, 19 9 2 Third Reading: SEPTEMBER 8, 1992 Mayor ATTEST: City Clerk Published in the St. Anthony Bulletin on , 1992. -4-