HomeMy WebLinkAboutPL PACKET 12171991 Meeting Sheet
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Box: 15
Folder: PL PACKETS 1990-1991
Document: PL PACKET 12171991'
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
DECEMBER 17, 1991
7:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. APPROVAL OF OCTOBER 15, 1991 PLANNING COMMISSION
MINUTES.
APPROVAL OF NOVEMBER 19, 1991 PLANNING COMMISSION
MINUTES.
IV. PUBLIC HEARINGS - NONE.
V. DISCUSSION OF MORATORIUM STUDY.
VI. DISCUSSION OF PROPOSED HOUSING CODE.
VII. MISCELLANEOUS.
VIII. ADJOURNMENT.
•1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 OCTOBER 15, 1991
4 1. CALL TO ORDER
5 The meeting was called to order at 7:30 p.m. by Chairperson Madden who led the
6 Pledge of Allegiance.
7 2. ROLL CALL
8 Present: Faust, Franzese, Gondorchin, Murphy, Werenicz, Brownell and
9 Madden.
10 Staff Present: Management Assistant Urbia
11. 3. APPROVAL OF SEPTEMBER 17, 1991 PLANNING COMMISSION MINUTES
12 Motion by Brownell, second by Franzese to approve the minutes of the September
3 17, 1991 Planning Commission meeting with the following corrections:
14 page 2, line 31: change the word "proper" to "existing"
15 page 2, line 36: change the word "proper" to "existing"
16 page 3, line 6: change the word "reside" to "re-side"
17 page 3, line 17: insert between "the" and "project" "bay window to"
18 Motion carried unanimously
19 4. DESIGNATION OF COMMISSION REPRESENTATIVE TO NOVEMBER 12,
20 1991 COUNCIL MEETING
21 Chairperson Madden felt that a Planning Commission representative to the
22 November 12, 1991 Council meeting would not be necessary since there is not a
23 public hearing scheduled.
24 5. PUBLIC HEARING
25 There were no public hearings scheduled.
•
1 PLANNING COMMISSION •
2 OCTOBER 15, 1991
3 PAGE 2
4 6. REVIEW OF PROPOSED SIGN ORDINANCE.
5 The proposed sign ordinance was reviewed. Planning Commission members provided
6 input to the City Manager. The City Manager will forward Planning Commission
7 input to the City Attorney for the recodification process.
8 7. ADJOURNMENT
9 . Motion by Brownell, second by Murphy to adjourn the Planning Commission
10 Meeting at 10:06 PM.. ,
11 Motion carried unanimously
12 Respectfully submitted,
13
14 David Mark Urbia, Management Assistant •
' I
a
1 CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING MINUTES
0 NOVEMBER 19, 1991
4
5
6 I . CALL TO ORDER/PLEDGE OF ALLEGIANCE
7
8 The meeting was called to order at 7 :30 p.m. with the Pledge of
9 Allegiance led by Chairman Madden .
10
11 II . ROLL CALL
12
13 Commissioners present : Chairman Madden and Commissioners
14 Faust, Gondorchin, Murphy, Werenicz,
15 Brownell
16
17 Commissioners absent : Franzese
18
19 Staff present : Management Assistant Dave Urbia
20
21 III . APPROVAL OF MINUTES
22
23 The September 17, 1991 Commission minutes had been approved
24 during their October 15, 1992 meeting . The October 15 and
25 November 19 , 1991 minutes will be considered at the
26 Commission' s next meeting .
7
IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO DECEMBER 10, 1991
29 COUNCIL MEETING
30
31 Commissioner Faust will represent the Planning Commission at
32 the Council ' s December 10, 1991 meeting.
33
34 V. PUBLIC HEARINGS
35
36 A. J.C. PENNEY COMPANY REQUEST FOR APACHE PLAZA SIGN VARIANCE
37
38 The Notice of Hearing which had been published in the November
39 6 Bulletin was read aloud by Chairman Madden. No one present
40 reported failure to receive the notice or objected to its
41 content .
42
43 Staff Report
44
45 The Commissioners asked questions related to the staff
46 recommendations in the agenda packet with the first question
47 having to do with who the actual applicant was . Dennis D.
48 Cavanaugh, President of C.G. Rein, Managing Partners of Apache
49 Plaza, indicated J.C. Penney' s was applying for the sign
50 variance to have their store name added to the Apache Plaza
51 Shopping Center pylon along with Herbergers .
•
Planning Commission Page 2
1 Chairman Madden responded to the Management Assistant ' s
contention that Penneys had a unique regional focus requiring
3 additional visi.bility ,at Apache by reporting that Commissioner
4 - Franzese had called him that evening requesting he ask Mr .
5 Urbia whether it wasn' t possible that another major tenant or
6 potential tenant might make the same claim, Commissioner
7 Franzese had suggested the size of the Penneys store might make
8 a better argument .
9
10 Commissioner Werenicz indicated he had a problem with staff
11 recommending the variance be granted based on a hardship, which
12 the Commissioner had interpreted to be primarily caused by bad
13 economic times, a hardship which would not be acceptable under
14 statutory definition. He also wondered why, if the Penneys '
15 store has such poor visibility, its management had not insisted
16 the Penney name be included on the shopping center pylon at the
17 same time Herbergers ' sign was erected in 1987 . The
18 Commissioner added that the minutes for the hearing on the
19 Herbergers variance contained testimony from Mr . Cavanaugh that
20 he saw no problem with Penney' s visibility because the store
21 could be seen by .southbound traffic. The Rein Company
22 executive had even written the May 26 , 1987 letter included in
23 the agenda packet, promising not to erect additional tenant
24 signs on the pylon during the term of Herbergers ' lease.
25
26 The public hearing was opened at 7 : 39 p.m.
Rick Palamateer of the Universal Sign Company showed a colored
29 rendering of the pylon sign as it would look after the addition
30 of the proposed brown and white J .C. Penney signs above the
31 Herbergers ' signs, which he indicated, would remain the same.
32 The sign company representative said the only portion of the
33 Penny signs which would be illuminated would be the white
34 lettering. The distance between the Herbergers ' signs and the
35 reader boards would remain about 12 inches . Inconsistencies
36 between the sketch in the agenda packet, Mr. Palamateer ' s
37 rendering, and the existing signage were pointed out .
38.
39 Mr. Cavanaugh showed the interior layout of the stores in the
40 mall in relation to Silver Lake Road and Stinson Boulevard. He
41 said Herbergers had no visibility at all from Silver Lake Road
42 and Penneys could only be seen by southbound traffic . Neither
43 could be seen from Stinson. Mr . Cavanaugh said the Penney
44 store had 57, 000 square feet; Herbergers 53 , 000 , and the empty
45 space where Country Club had been was 24 , 000 square feet . The
46 Apache Manager then reported there is a theater company
47 negotiating to use the latter space which would require a
48 marquee for which the City Sign Ordinance makes no provision.
49
50 Mr. Cavanaugh' s explanation of why he was asking for a variance
51 from both his 1987 letter and the Penney' s signage was because
2 "things change. " He said Herbergers reluctance to sign a
Planning Commission Page 3
1 lease without better visibility was the reason the first sign
*2 was added to the pylon in 1987 and now J.C. Penney' s lease is
up and the store management believes that because of the market
4 conditions within the general retail community of St . Anthony,
5 Rosedale and Columbia Heights they need more exposure along
6 Silver Lake Road.
7
8 Kenneth A. Sundvall, manager of the Apache J.C. Penney store,
9 said he had only been at Apache for a year and a half, although
10 he had been with Penneys for many, many years . It was his
11 contention that anything which dealt with the retail business
12 had to come down to economics in the long run. He told the
13 Commissioners of his lunch that afternoon with Ron Herges, the
14 manager of Herbergers and president of the Apache Merchants
15 Association, who had told him only a previous commitment he
16 could not break, would prevent him from attending the hearing
17 that evening to support the addition of Penney signage to his
18 own store' s identification on the shopping center pylon. Mr .
19 Sundvall said if it had been the other way around, he would
20 have welcomed Herbergers ' signage on the same sign as Penneys
21 because that would give more credibility and drawing power to
22 the center .
23
24 The Penney store manager contended that unless persons passing
25 by on Silver Lake Road had resided in the area for a number of
26 years it could well be that they might not even know there was
407 a Penneys in the shopping center . He said he had been made
8 aware of this by customers who just happened to drop by who
9 said as much to his clerks . Mr . sundvall argued further that
30 almost all neighborhood shopping centers like Har Mar and
31 Knollwood have the major stores in their centers listed on
32 their center signs . Even larger centers concentrate on major
33 retailers in their center in their advertising because they
34 know they help to draw the traffic to those centers .
35
36 Mr. Sundvall viewed Apache as more of a neighborhood than a
37 regional center. He said demographics indicated the trade area
38 to be relatively compact and to reach farther to the north than
39 the east where the competition is greater . He added that the
40 size of the competing dales also resulted in the shoppers
41 viewing Apache as a neighborhood center. Mr . Sundvall reported
42 the Apache Merchants Association had been reactivated to
43 promote the center with a calendar for 1992 already scheduled
44 to expand on collective efforts of the merchants to draw more
45 customers and get more involved with community activities .
46 Among these were the Special Olympics this summer, the Columbus
47 Day events and a shopping spree night which had to be
48 rescheduled because of the blizzard.
49
50 When Commissioner Werenicz inquired why Apache was never
51 identified in the regional or national J.C. Penney advertising,
52 the store manager told him that was a corporate decision which
•
Planning Commission Page 4
1 neighborhood stores are trying to change. The Commissioner
responded by saying he thought concentrating on expanding the
market area by advertising would be much more productive than
4 just putting up a sign at one location. Mr . Sundvall agreed
5 that individualized advertising combined with better training
6 and customer relations was needed with better signage to reach
7 out to new customers .
8
9 Mr. Sundvall couldn't give any details of the lease extension
10 saying that was being negotiated by Penney' s real estate
11 division. He said Penneys is not planning on expanding its
12 space in the center at this time. When asked how the rest of
13 the center retailers viewed the proposed signage, Mr . Sundvall
14 said the Merchants Association have said they need Penneys to
15 help them build traffic the same as most centers who rely on
16 major stores to draw traffic for the smaller stores . The store
17 manager said one of the concerns of his company and Mr.
18 Cavanaugh himself was the health of Apache Plaza . The
19 Merchants Association is responding to that concern by working
20 with the new leasing agent and suggesting a merchandise mix
21 which is a vital element of any shopping center.
22
23 The public hearing was closed at 8 : 12 p.m.* for discussion and
24 recommendation from the Commission.
25
26 Commissioner Brownell stated that he had no problem with having
the Penneys sign on the center pylon if its well done. He did
not believe it would be a detriment to the City but perceived
29 it would not only be an asset for Penneys but for the other
30 Apache retailers as well because it would aid in drawing
31 traffic into the center . However, like Commissioner Werenicz,
32 he said he was having a problem with the hardship issue without
33 bringing economics into the consideration. The Commissioner
34 indicated he was having a problem understanding how Penneys
35 which had been in the same location in the center for over
36 thirty years was all of the sudden perceiving an exposure
37 problem. On the other hand, Commissioner Brownell agreed the
38 store' s location made it difficult to work with as far as the
39 ordinance goes because of its distance from a major
40 thoroughfare and its location in the mall .
41
42 Commissioner Faust indicated he perceived everything boiled
43 down to economics in the business sector and wondered how
44 economic restrictions could be applied to something which is
45 inherently based on economics . He contended that the hardship
46 would probably be greater for the community than for the
47 applicant if the center doesn' t succeed. The Commissioner
48 stated that the visibility and vitality of St . Anthony should
49 be his greatest concern and he said he believed Apache to be
50 the cohesive which would hold the vitality together .
51 Commissioner Faust reported reading reports indicating traffic
52 on Silver Lake Road had doubled in the last ten years so he had
Planning Commission Page 5
1 no problem believing there were people who drive by Apache
O2 every day who don' t know there is a J.C. Penney store in the
3 - center-. The Commissioner pointed to the areas north of the
4 center which have experienced. the greatest growth, towards
5: which the sign would be directed . Commissioner Faust said .he
6 therefore didn' t see the semantics of hardship as a deterrent
7 .to granting this variance.
8
9 Commissioner Werenicz read aloud some of the directions he had
10 received at training sessions for new Planning Commissioners .
11 One of these was that "economic considerations alone shall not
12 constitute undue hardship if reasonable use of the property
13 exists under terms of the ordinance. " Commissioner Faust
14 responded that the center is zoned commercial, and, obviously,
15 with its vacancies, is not being utilized to its maximum. He
16 suggested that would perhaps allow some leeway in interpreting
17 the definition. Commissioner Werenicz wondered if the fact
18 that the center is not fully utilized was the fault of the
19 — ordinance rather than the marketing or failure to sit down and
20 determine what the best use of the property might be . He was
21 concerned that Carlson Hardware would be next in a succession
22 of other retailers in the center who would claim need for more
23 exposure through signage not to mention the proposed theater or
24 whatever else might go into the vacant grocery store space on
25 the same side of the center . He added that he foresaw that
26 future tenants who might want to consolidate space left vacant
07 by business failures would certainly also be looking for better
8 identification.
29
30 Commissioner Faust said he was very offended by th C.G. Rein
31 letter in the agenda packet which he perceived to be
32 meaningless; without validity, and not able to withstand any
33 type of scrutiny because of the writer ' s inability to predict
34 the future.
35
36 Commissioner Murphy wondered whether the Commission had
37 considered the possibility of the need for additional signage
38 for Apache Plaza should a renaissance of business occur in the
39 center .
40
41 Commissioner Gondorchin indicated he also found it hard to find
42 for granting a variance in terms of economic hardship. He said
43 it would be a lot easier if the Planning Commission were
44 looking at a comprehensive sign plan for Apache Plaza .
45 However, he agreed it was not uncommon for shopping centers to
46 have major anchors listed on the shopping center pylons . The
47 Commissioner said he would also find the application easier to
48 deal with if the request had not been to add 1990 ' s signage to
49 a 1960 ' s style pylon. He was also concerned that the
50 Commission might be setting a precedent for every sizable
51 retailer whose lease is expiring to be coming in with a similar
52 signage request as part of that negotiation.
0
Planning Commission Page 6
1 Chairman Madden said he perceived that times had changed and
2 the City is now looking at a lower tax base at Apache along
3 with a high rate of vacancies which, in turn, boils down to
4 economics and the survival of Apache. He was also concerned
5 about establishing a precedent or basing approval on Mr.
6 Cavanaugh' s credibility which he perceived had been badly
7 damaged by reversal of his 1987 letter. The Commission Chair
8 said he perceived a comprehensive sign .plan from Apache ' s
9 management might be an excellent approach to the City and the
10 Planning Commission.
11
12 Commission Recommendations
13
14 Motion by Brownell, seconded by Faust, to recommend the City
15 Council grant the request for a sign variance from the J.C.
16 Penney Company for two, 5 foot, 9 inch by 20 foot, J.C. Penney
17 signs to be mounted on the existing Apache Plaza Shopping
18 Center freestanding sign located on Silver Lake Road. Said
19 signs are to be located as proposed below the existing Apache
20 Plaza lettering and above the two Herbergers ' signs of the same
21 size. In recommending approval of the variance, the Planning
22 Commission finds the application meets the three tests
23 established by Minnesota statute and that no one appeared at
24 the hearing or contacted staff before the hearing, to speak
25 against the variance.
26
27 Voting on the motion: •
28
29 Aye: Brownell, Faust, Gondorchin, Madden.
30
31 Nay: Werenicz, Murphy.
32
33 Motion carried.
34
35 Commissioner Murphy commented that he wouldn' t expect anything
36 to be done about a comprehensive sign plan until the next time
37 someone comes asking for further signage. Commissioner
38 Brownell agreed saying he was certain that as soon as a major
39 tenant went into the vacant space on the southwest corner of
40 the mall, the owners would be in for better identification.
41 However, he reminded the other Commissioners , that was not what
42 they had been requested to consider at this time. The
43 Commissioner added that the City is now developing a new Sign
44 Ordinance. He wondered if it might be possible to address
45 regional shopping centers and come up with a comprehensive plan
46 for signage for such a development . He perceived the ordinance
47 could apply to Apache and any other regional center which falls
48 under the same classification, taking a different approach than
49 in the past .
50
51 Commissioner Werenicz responded by pointing out that whatever
52 the City does about the pylon now would be grandfathered in in
53 any event .
Planning Commission Page 7
1 -- Commissioner Faust suggested the Commission might want to
02 recommend that the Council and particularly Councilmember
3 Wagner, who is working with the merchants Association and C.G.
4 -Rein, should sit down with those parties and try to implement
5' some of the Planning Commission concerns and suggestions into
6 future planning for the center .
7
8 Mr . Cavanaugh was asked about the signage which he was
9 proposing for the theater . He said he had talked to the City
10 Manager about that eventually as well as a comprehensive sign
11 plan for Apache. The center manager admitted such a plan was
12 long overdue and said he would be all for it to avoid future
13 situations like the one he is in because the only vehicle for
14 getting signage is a variance at this time. He reminded the
15 Commissioners they were all dealing with a 30 year old center
16 and a center sign which is almost as old. In reference to the
17 proposed marquee, Mr. Cavanaugh said he would expect the sign
18 would have to be a modified pylon more like a large monument
19 sign. It would have to 'be freestanding on Silver Lake Road and
20 large enough to feature titles of movies which could be read
21 from all directions . Since the City Sign Ordinance has no
22 provision for a marquee at this time, marquees would probably
23 have to be addressed in a sign plan for the center, with which,
24 he said he would be willing to cooperate.
25
26 Commission Recommendations
407
8 Motion by Brownell, seconded by Gondorchin, to recommend the
29 Council initiate the development of a comprehensive sign plan
30 with the C.G. Rein Company and the Apache Merchants Association
31 for Apache Plaza .
32
33 During the discussion which preceded the vote on the motion,
34 Commissioner Werenicz questioned how a sign plan could be
35 developed for a shopping center for which there was no
36 assurance of who the tenants would be. He said he perceived
37 the City had gotten a lot of misdirection from Apache
38 management as to where they wanted to go.
39
40 Commissioner Murphy agreed developing a plan would be very
41 difficult with the current situation, but he perceived it would
42 be better to at least look for some consistencies in sign
43 styles and sizes .
44
45 Commissioner Faust indicated he thought the Commission was only
46 trying to foster some cardinal direction. He said he was
47 certain the Merchants Association who have become more .
48 proactive, if they perceived they had more input, would come up
49 with something to help the Commission act on eliminating the
50 hodge podge, hit or miss, planning in existence now. The
51 Commissioner said the City is now being forced to react to
52 exceptions rather than planning .
Planning Commission Page 8
1 Commissioner Faust added that he perceived Councilmember Wagner
2 who had also served so astutely on the Planning Commission, as •
-3 serving as the "point man" for moving the plan along .
4
5 Chairman Madden said he reviewed the idea of another monument
6 sign on Silver Lake Road as just a bandaid where a whole new
7 program is called for .
8
9 The motion carried without dissent.
10
11 GAS STATION PYLON AND COMPREHENSIVE SIGN FOR STOP-N-SHOP
12 SUPERETTE AT 3813 STINSON BOULEVARD.
13
14 The notice of the hearing which had been published in the
15 November 6 Bulletin was read aloud by Chairman Madden. No one
16 present reported failure to receive the notice or objected to
17 its content .
18
19 Staff Report
20
21 When Chairman Madden mentioned that these applicants had sat
22 for almost an hour waiting for their hearing, Mr . Urbia agreed
23 that future hearings should .be scheduled further apart .
24
25 The Management Assistant then reported the applicants had been
26 cooperative about working with staff to bring their request
27 more closely into conformance with- the City Sign Ordinances .
28 He then reviewed the assessment he had made of the proposal in
29 the agenda packet including research on the Amoco signage at
30 the corner of 37th and Silver Lake Road.
31
32 In reference to clearance under the sign there was agreement
33 that even if the City built a walkway past the center, it would
34 have to be built 'within' the right-of-way which should not
35 impact on the clearance. During the applicant ' s testimony, the
36 Commission was told the old pole had been removed and
37 landscaping including rock and bushes to prevent anyone walking
38 under the sign, had been completed.
39
40 Commissioner Brownell reported that he had researched all the
41 City ordinances to be certain the proposed signage met all
42 requirements . When he came to the description of a shopping
43 center he found that in 1989 the City had adopted a new
44 definition under which this 7, 700 square foot building could
45 not qualify as a shopping center for which the City Ordinance
46 sets a minimum of 18 , 000 square feet . Mr . Urbia indicated he
47 had failed to do the same research before advising the
48 Commission that the sign denoted as Design B in the Plan was
49 allowable.
50
51 Chairman Madden said he perceived there was nothing to put on
52 the monument sign at the present and suggested it could be
53 excluded from Commission recommendations .
Planning Commission Page 9
` l The Chairman also noted the sign sketches which had been
02 submitted by the applicants, had not been drawn to scale. He
3 said the letters on the building itself appeared to be two feet
4 high which, as compared to the signage ,on the St . .Anthony -
5 Shopping Center, was too high.
6
7 The public hearing was opened at 9 : 09 p.m.
8
9 Bill Vogt, 1847 Johnson Street, and James L. Sarna who had
10 signed the Petition for Sign Variance, were present to speak to
11 that request . Mr. Vogt indicated they had followed the advice
12 given them at the August 20 meeting to scale down the size of
13 the signs for their proposal . He said he has two stores in
14 Northeast Minneapolis with signs considerably larger . The
15 applicant commented that "without getting up in a skyhook" it
16 was impossible to tell just what size the Amoco sign really
17 was . However, he said he thought the Commissioners would be
18 quite surprised at how much sign surface there really is with
19 all the additions which have been made to the sign, piece by
20 piece, including the price, identification,_ and food signs .
21
22 The applicant said his concern was not how all the signage came
23 about . However, he said he saw more justification for a little
24 strip mall which is hidden which was built in 1989 and failed.
25 As proof of the center ' s lack of visibility, Mr . Vogt said the
26 first time he had drivEn up there he had passed by without even
407 seeing the center at all . The developer reported the 1930/1940
8 style driveways which presented a hazard had, with the consent
29 of the City, been enlarged. The next step is to get some help
30 from the Planning Commission to sign the property properly so
31 the mall can be seen more easily. The only reason for the
32 monument sign would be to let people know what is there. Mr .
33 Vogt indicated they had half the .store space rented and were
34 only concerned the weather would close in on them before they
35 got in the footings for the signs .
36
37 When Mr . Vogt said he intended to use uniform lettering to
38 identify the tenants but the use of logos might depend on who
39 they were. Commissioner Brownell told him each store frontage
40 would be allocated two feet of signage per linear foot they
41 occupy in the center . He said whether they are backlighted and
42 the color should have been indicated on the sign plan. When he
43 asked whether Mr . Vogt intended to put up signage on the north
44 side of the building, the applicant said the signage would be
45 on the facia on the front of the building which would not be
46 continued around the sides .
47
48 Mr. Vogt told Commissioner Gondorchin his only timetable was
49 getting his footings into the ground before winter set in.
50
51 The public hearing was closed at 9 : 18 p.m. for discussion and
52 development of a Commission recommendation to the Council .
Planning Commission Page 10
1 Commissioner Werenicz commended the applicants for trying to
2 put together a comprehensive sign plan based on input from the
3 Commissioners related to a shopping center. He apologized for
4 the Commission not checking the square footage of- building for
5 comparison with what the ordinance required for such a center.
6 The Commissioner recalled that a new ordinance had been written
7 at the time the mall on 39th Avenue N.E. , with a Domino ' s Pizza
8 in it, had been built in 1989 before the building they were
9 discussing that evening was erected . Commissioner Werenicz
10 said he perceived the size of that building might have prompted
11 the square footage minimum requirement in that ordinance.
12
13 Commissioner Brownell indicated that ordinance had been modeled
14 after ordinances he had brought in from Apple Valley, Chaska
15 and Roseville. Concerns at that time about having large
16 buildings which were not on contiguous tracks of land or less
17 than four stores in a grouping were also considered for that
18 ordinance.
-19
20 The Commissioner reiterated that he had no problem with the
21 sign proposed in Detail B because he perceived the way it is
22 designed and the overall sign plan seemed to fit the site well
23 and should enhance the property. However, there is no other
24 allowance anywhere in the existing ordinance which permits a
25 pylon sign for anything other than a gas station. The sign
26 couldn' t be allowed as a monument sign because, until the new
21 sign ordinance is adopted , that type of signage is only allowed
28 in areas zoned light industrial .
29
30-
31 Chairman Madden told Mr. - Vogt that in spite of how sorry the
32 Commission was for not picking up on the problem with the
33 square footage last August, the existing ordinances prevented
34 them from acting on the comprehensive sign plan at this time.
35 He said even if a new ordinance were written to address the
36 reality of smaller strip malls, it probably could not be
37 adopted before winter sets in.
38
39 Mr . Urbia apologized for not catching the error himself . He
40 assured the applicants that staff would be diligently exploring
41 any options before the Commission recommendations are presented
42 to the Council December 10 .
43
44 Commission Recommendations
45
46 Motion by Brownell , seconded by Murphy to recommend City
47 Council approval of the variance request for the pylon sign
48 allowed by the City Sign Ordinance to a gas station under
49 Section 430 :40, Subdivision 62, finding that the request meets
50 the three statutory requirements and no appeared to speak
51 against the variance.
52
53 Motion carried unanimously.
Planning Commission Page 11
1- Motion by Madden, seconded by Werenicz to recommend the City
Council address in the new Sign Ordinance shopping centers
3 smaller than 18, 000 square feet which are not addressed in the
4 draft of the ordinance being reviewed at this time.
5
6 VI . MISCELLANEOUS
7
8 Chairman Madden thanked the other Commissioners for the
9 privilege of serving as their chairman for the last three
10 years . He said he wanted to continue his service on the
11 Commission but perceived it was time to give someone else the
12 opportunity to assume the chairmanship. Commissioner Faust
13 expressed the gratitude of the Commission for the architectural
14 expertise and even-handedness Chairman Madden had brought to
15 the position. It was determined that parliamentary procedure
16 called for the election of a new chairman at the start of the
17 first Commission meeting in January.
18
19 Mr. u rbia said he knew of no planning requests which had to be
20 taken care of in December and promised, if there were none, to
21 let the Commissioners know whether any seats on the Commission
22 needed to filled before January.
23
24 Commissioner Werenicz asked about the ruling in the Perino
25 litigation saying he thought such information was necessary for
26 making a determination in similar cases in the future.
407
8 VII . ADJOURNMENT
29
30 Motion by Werenicz, seconded by Murphy to adjourn the meeting
31 at 10 : 00 p.m.
32
33 Motion carried unanimously.
34
35
36 Respectfully submitted,
37
38
39
40
41 Helen Crowe, Acting Secretary
November 19, 1991
B R w INC. Mr. Thomas Burt, City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony;MN 55418
Dear Mr. Burt:
Thank you for asking BRW, Inc., to submit a work program and cost proposal
for site planning, streetscape design and land use planning in your community.
Planning We are pleased to submit the following proposal based upon our meeting of
Transportation November 12 and our subsequent telephone conversation.
Engineering
Urban Design Services
Threshersquare BRW would provide these services for the costs estimated in the next section.
700 Third Street So.
Minneapolis, A. Kenzie Terrace Commercial-Residential Transition
MN 55415
612/370-0700 1. Base Map: Prepare a base map of the vicinity of Rosie's Cafe_ to
Fax 612/370-1378 Johnson Meat Company using 1991 aerial photography and a
Minneapolis parcelization map from the City of St. Anthony.
Phoenix
Denver 2. Site Planning: Using drawings and text, recommend site planning
St.Petersburg improvements for these locations to buffer the nearby single-family
San Diego houses from the businesses: Rosie's Cafe, the Good Luck Cafe, the
Seattle Union 76 Service Station and Johnson Meat.-Company. It is
understood that the Walgreen's proposal for the Rosie's site has been
Donald w. Ringrose permanently withdrawn and that Rosie's may be redeveloped or simply
Richard P.1Volsfeld remodeled. We also understand that the Amoco station wishes to
Peter E.Jarvis 7
acquire Johnson's and expand onto that site.
Thomas a Carroll
Craig A. Amundsen
Donald E. Hunt 3. Land Use Planning: Recommend a suitable long-term pattern of land
John B. McNamara use of the area from Rosie's block to Johnson's Meat Company with
Richard D. Pilgrim particular interest on the block on which Rosie's is located.
Dale N. Beckmann
Jeffrey L. Benson
Ralph C. Blum
Gary J. Erickson
John C. Lynch
Paul N:Bav
Mr. Thomas Burt
November 19, 1991
Page 2
4. Street System Design: Recommend physical improvements to the
intersection of Coolidge, 27th Avenue and Kenzie Terrace with the aim
of improving traffic safety and protecting the residential neighborhood.
B. ,Kenzie Terrace Streetscape Design
1. Concept Plans: Prepare two or three alternative concept plans for
_ landscaping and pedestrian improvements in the public right-of-way
- along Kenzie Terrace from St.-Anthony Boulevard to Stinson
Boulevard. The degree of refinement of these designs will be
sufficient to assist a discussion among the Council, Planning
Commission and members of the public about the general treatment of
this streetscape, but will not include specific planting plans, cost
estimates, or construction drawings.
C. Public Review and Refinement
1. Neighborhood Input: Meet in a public forum with members of the
Kenzie Terrace Task Force appointed by the City Council to hear and
"record their ideas on both the commercial-residential transition design
and the Kenzie Terrace streetscape design..
2. Review and Refine Recommendations: Hold two more meetings
with the Kenzie Terrace Task Force to review and refine
recommendations for both site planning and streetscape improvements.
3. Planning Commission and City Council: Meet once with the City
Planning Commission and once with the City Council to review the
Z plans that were approved by the Kenzie Terrace Task Force.
4. Final Reports: Submit final reports on Tasks A and B to the City
Manager after the City Council comments are received.
Mr. Thomas Burt
November 19, 1991
Page 3
D. Comprehensive Land Use Planning
1. Review and Recommend Changes: Review the pattern of
- development and prepare recommendations for changes to the City .
Land Use Plan and Zoning Map for-two portions of the City: south of
29th Avenue and north of 37th Avenue. Submit recommendations in
the form of a citywide map showing recommended changes and text
describing the changes. Discuss the preliminary recommendations.with
the City Manager.
2. Review with Planning Commission: Review the comprehensive land
use planning recommendations with the City Planning Commission.
Incorporate their'recommendations into a recommendation to the City
Council.
3. Review with the City Council: Review the recommendations as
amended by the Planning Commission with the City Council.
4. . Final Report: Submit a final report after the City Council review'and
comments.
Personnel Assigned
BRW would assign these personnel to the project, resumes for whom are
attached:
• Miles Lindberg, ASLA: Transition Design and Streetscape Design
• Thomas Harrington, ASLA: Transition Design and Streetscape Design
• William Weber, AICP: Land Use Planning
• Jeffery Holstein: Street System Design
Other personnel may be assigned as needed.
Mr. Thomas Burt
November 19, 1991
Page 5
Schedule
We could begin work immediately and estimate that Tasks A, B, C and D
could be completed within four months. -
We thank you again for the opportunity to present this work program and cost
estimate.. If you find it acceptable, your signature below would constitute
formal acceptance of a contract and approval for us to begin work.
Sincerely, .
B , INC.
Craig mu sen, AIA, AICP
Princip
-Accepted for the City. of St. Anthony
Thomas D. Burt Date
City Manager
CA/ch
Attachments
r�sr
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
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 St. 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
19 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
41 in part as a home or residence, or as an accessory structure thereof, for a single family or
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 2
1 person, and every building used in whole or in part as a home or residence for two or more
2 persons or families living in separate units shall conform to the requirements of this
3 ordinance, irrespective of when such building may have been constructed, altered, or
4 repaired. This ordinance establishes minimum standards for erected dwelling units,
5 accessory structures, and related premises. If a minimum standard in this ordinance is in
6 question, the Minnesota Uniform Building Code, Minnesota State Electrical Code,
7 Metropolitan Wastewater Control Commission shall be referred to and be applicable in the
8 case that a minimal standard in this ordinance is not as stringent/current as the referred to
9 code.
10
11 SECTION 1.
12
13 DEFINITIONS. The following definitions shall apply in the interpretation and
14 enforcement of this ordinance:
15
16 1. Accessory structure - a structure subordinate to the main or principal dwelling
17 or dwellings and which is not used nor authorized to be used for living or
18 sleeping by human occupants and which is located on or partially on the
19 premises.
20
21 2. Building - any structure erected for the support, shelter, or enclosure of
22 persons, animals, chattels, or movable property of any kind. .
23
24 3. Compliance Official - the City Manager and his/her designated agents
25 authorized to administer and enforce this ordinance.
26
27 4. Dwelline - 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 5. 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 6. Family - any of the following definitions shall apply:
38
39 - A person or persons related by blood, marriage, or adoption, together with
40 his/her or their domestic servants or gratuitous guests, maintaining a common
41 household in a dwelling unit;
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
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 his/her or their domestic servants or gratuitous guests, all
4 maintaining a common household in a dwelling unit approved and certified by
5 the 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 7. Flush water closet- a toilet, with a bowl and trap made in one piece, which
11 is connected to the City water and sewer system or other approved water
12 supply and sewer system.
13
14 8. Garbage - putrescible animal and vegetable wastes resulting from the
15 handling, preparation, cooking, or consumption of food.
16
17 9. 'Habitable building - any building or part thereof that meets minimum
18 standards for use as a home or place of abode by one or more persons.
19
20 10. Habitable room - a room or enclosed floor space used or intended to be used
21 for living, sleeping, cooking, or eating purposes, excluding bathrooms, water
22 closet compartments, laundries, furnace rooms, unfinished basements, (those
23 without required ventilation, required electric outlets and required exit
24 facilities), pantries, utility rooms of less than 50 square feet of floor space,
25 foyers, communicating corridors; stairways, closets, storage spaces, and
26 workshops, hobby and recreation areas in parts of the structure below ground
27 level or in attics.
28
29 11. Heated water - water heated to a temperature of not less than 120 degrees
30 Fahrenheit, or such lesser, temperature required by government authority,
31 measured at faucet outlet.
32
33 12. Kitchen - a space which contains a sink with counter working space, adequate
34 space for installing cooking and refrigeration equipment, and adequate space
35 for the storage of cooking utensils.
36
37 13. Multiple family dwelling - a dwelling or portion thereof containing three or
38 more dwelling units.
39
40 14. Occupant - any person (including owner or operator) living, sleeping, cooking
41 and eating in a dwelling unit or living and sleeping in a rooming unit.
i
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 4
1 15. Operator - the owner or his/her agent who has charge, care, control, or
2 management of a building, or part thereof, in which dwelling units or rooming
3 units are let.
4
5 16. Owner - any person, firm or corporation who, alone,jointly, or severally with
6 others, shall be in actual possession of, or have charge, care or control of, any
7 dwelling, dwelling unit, or rooming unit within the City as owner, employee or
8 agent of the owner, or as trustee or guardian or the estate or person of the
9 title holder. Any such person representing the actual owner shall be bound
10 to comply with the provisions of this ordinance to the same extent as the
11 owner.
12
13 17. Permissible occupancy - the maximum number of persons permitted to reside
14 in a dwelling unit or rooming unit.
15
16 18. Person - an individual, firm, partnership, association, corporation or joint
17 venture or organization of any kind..
18
19 19. Plumbing - all of the following supplied facilities and equipment in a dwelling:
20 gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal
21 units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
22 bathtubs, shower baths, installed clothes washing machines, catch basins,
23 drains, vents, and any other similar fixtures and the installation thereof,
24 together with all connections to water, sewer and gas lines.
25
26 20. Premises - a platted lot or part thereof or unplatted parcel of land, either
27 occupied or unoccupied by any dwelling or nondwelling structure, including
28 such building, accessory structure or other structure thereon.
29
30 21. Public hall - a hall, corridor or passageway for providing egress from a
31 dwelling unit to a public way and not within the exclusive control of one
32, family.
33
34 22. Recyclables -Materials which may be recycled or reused through recycling
35 processes, including metal beverage containers,glass, newsprint, plastic bottles
36 with necks, corrugated cardboard, magazines, catalogs, phone books and any
37 other materials designated as recyclables by Council resolution.
38
39 23. Refuse - all putrescible and nonputrescible waste solids including garbage and
40 rubbish.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 5
1 24. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or
2 lease.
3
4 25. Repair - to restore to a sound and acceptable state of operation, serviceability -
5 or appearance.
6
7 26. Rodent harborage - any place where rodents can live, nest,or seek shelter.
8
9 27. Rooming unit - any room or group of rooms forming a single habitable unit
10 used or-intended to be used for living and sleeping, but not for cooking and
11 eating purposes.
12
13 28. Rubbish .- nonputrescible solid wastes consisting of both combustible and
14 noncombustible wastes, such as non-recyclable glass, crockery, cans, paper,
15 boxes, rags and similar non-putrescible materials. Some materials may be
16 recycled or must be disposed of in a separate or different manner.
17
18 29. Safe -the condition of being reasonably free from danger and hazards which
19 may cause accidents or disease.
20
21 30. Substandard dwelling - any dwelling which does not conform to the minimum
22 standards established by City Ordinance.
23
24 31. Supplied - paid for, furnished by, provided by or under the control of the
25 owner, operator, or agent of a dwelling.
26
27 32. Meaning of certain words - whenever the words "dwelling", "dwelling unit",
28 "premises", or "structure" are used in this ordinance, they shall be construed
29 as though they were followed by the words "or any part thereof'.
30
31 31 Undefined Words - Words not specifically defined in this ordinance shall have
32 the common.definition set forth in a standard dictionary.
33
34 SECTION 2.
35
36 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person
37 shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it
38 and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable
39 legal requirements of the State of Minnesota and the City of St. Anthony, including the
40 following requirements:
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 6
1 MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a dwelling
2 containing two or more dwelling units shall maintain in a clean and sanitary condition the
3 shared or public areas of the dwelling and premises thereof.
4
5 MAINTENANCE OF OCCUPIED AREAS. Every occupant of a dwelling, dwelling unit
6 or rooming unit shall maintain in a clean and sanitary condition that part or those parts of
7 the dwelling, dwelling unit and premises thereof that he/she occupies and controls.
8
9 STORAGE AND DISPOSAL OF RUBBISH AND RECYCLABLES. Every occupant
10 of a dwelling, dwelling unit or rooming unit shall store and dispose/recycle of all his/her
11 rubbish and recyclables in a clean, sanitary, and safe manner as prescribed by Chapter###
12 of the City Ordinances.
13
14 STORAGE AND DISPOSAL OF GARBAGE. Every occupant of a dwelling, dwelling unit
15 or rooming unit shall store and dispose of all his/her garbage and any other organic waste
16 which might provide food for insects and/or rodents in a clean, sanitary, and safe manner
17 as prescribed by Chapter ### of the City Ordinances.
18
19 RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE AND
20 RUBBISH/RECYCLABLES. Every owner of a multiple family dwelling shall supply
21 facilities for the sanitary and safe storage and/or disposal of garbage and rubbish/recyclables.
22 In the case of single or two-family dwellings, it shall be the responsibility of the occupant to
23 furnish such facilities.
24
25 RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. T h e
26 owner of a rental dwelling unit shall be responsible for providing and hanging all screens and
27 storm doors and storm windows whenever the same are required under the provisions of this
28 ordinance.
29
30. RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling
31 containing a single dwelling unit shall be responsible for the extermination of vermin
32 infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling
33 containing more than one dwelling unit shall be responsible for such extermination whenever
34 his/her dwelling unit is the only one infested. Notwithstanding, however, whenever
35 infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof or
36 vermin-proof condition, extermination shall be the responsibility of the owner. Whenever
37 infestation exists in two or more of the dwelling units in any dwelling, or in the shared or
38 public parts of any dwelling containing two or more dwelling units, extermination shall be
39 the responsibility or the owner.
40
41 RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 7
1 a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar
2 materials in such a manner that may provide a rodent harborage in or about any dwelling
3 or dwelling unit. Stored materials shall be stacked neatly in piles.
4
5 RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a dwelling
6 containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
7 lumber, scrap metal, or any other similar materials in such a manner that may provide a
8 rodent harborage in or about shared or public areas of a dwelling or its premises. Materials
9 stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles.
10
11 PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a dwelling or
12 dwelling unit shall store, place, or allow to accumulate any materials that may serve as food
13 for rodents in a site accessible to rodents.
14
15 SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant
16 of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary
17 condition and shall be responsible for the exercise of reasonable care in the proper use and
18 operation thereof.
19
20 MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit
21 or rooming unit when the control of the supplied heat is the responsibility of a person other
22 than the occupant, the supply must be zoned controlled and at a temperature of at least 68
23 degrees Fahrenheit, or such lesser temperature required by government authority, shall be
24 maintained at a distance of three feet above the floor and three feet from-exterior walls in
25 all habitable rooms, bathrooms, and water closet compartments from September through
26 May.
27
28' REMOVAL OF SNOW AND ICE. The owner of a multiple family dwelling. or
29 dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
30 steps and walkways on the premises. Individual snowfalls of .three inches or more, or
31 successive snowfalls accumulating to a depth of three inches, shall be removed from parking
32 lots and.driveways within 24 hours after cessation of the snowfall. Individual snowfalls of
33 one inch or more, or successive snowfalls accumulating to a depth of one inch, shall be
34 removed from steps and walkways within eight hours after cessation of the snowfall.
35
36 MINIMUM EXTERIOR LIGHTING. The owner of- a multiple family dwelling or
37 dwellings shall be responsible for .providing and maintaining effective illumination in all
38 exterior parking lots and walkways.
39
40 MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a multiple family
41 dwelling or dwellings shall be responsible for providing and maintaining in good condition
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 8
1 paved and delineated parking areas and driveways for tenants consistent with Chapter ###
2 of the City Ordinances.
3
4 MAINTENANCE OF YARDS. The owner of a multiple family dwelling or dwellings shall
5 be responsible for providing and maintaining premises' yards consistent with Section
. 6 #####.
7
8 SECTION 3.
9
10 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. N o
11 person shall occupy as owner, occupant, or let to another for occupancy any dwelling or
12 dwelling unit, for the purposes of living, sleeping, cooking and eating therein, which does not
13 comply with the following requirements:
14
15 KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in
16 which food may be prepared and/or cooked and which shall have adequate circulation area,
17 and which shall be equipped with the following:
18
19 1. A kitchen sink in good working condition and properly connected to an
20 approved water supply system and which provides at all times an adequate
21 amount of heated and unheated running water under pressure, and which is
22 connected to an approved sewer system.
23
24 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking
25 equipments and utensils and of food that does not require refrigeration for
26 safekeeping; and a counter or table for food preparation. Said cabinets
27 and/or shelves and counter or table shall be adequate for the permissible
28 occupancy of the dwelling unit and shall be of sound construction furnished
29 with surfaces that are easily cleanable and that will not impart any toxic or
30 deleterious effect to food.
31
32 3. A stove or similar device for cooking food, and a refrigerator or similar device
33 for the safe storage of food, which are properly installed with all necessary
34 connections for safe, sanitary and efficient operation. Provided that such
35 stove, refrigerator, or similar devices need not be installed when a dwelling
36 unit is not occupied and when the occupant is expected to provide same on
37 occupancy, in which case sufficient space and adequate connections for the
38 installation and operation of said stove, refrigerator or similar device must be
39 provided.
40
41 TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 9
1 which is equipped with a flush water closet in good working condition. In a rental dwelling
2 unit, such room shall have an entrance door which affords privacy. Said flush water closet
3 shall be equipped with easily cleanable surfaces, shall be connected to an approved water
4 system that at all times provides an adequate amount of running water under pressure to
5 cause the water closet to be operated properly, and shall be connected to an approved sewer
6 system.
7
8 LAVATORY SINK. Within every dwelling unit there shall be a lavatory sink. Said
9 lavatory sink. may be in the same room as the flush water closet, or if located in another
10 room, the lavatory sink shall be located in close proximity to the door leading directly into
11 the room in which said water closet is connected to an approved water supply system and
12 shall provide at all times an adequate amount of heated and unheated running water under
13 pressure, and shall be connected to an approved sewer system.
14
15 BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable
16 room which is equipped with a bathtub or shower in good working condition. In a rental
17 dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub
18 or shower may be in the same room as the flush water closet, or in another room, and shall
19 be properly connected to an approved water supply system and shall provide at all times an
20 adequate amount of heated and unheated water under pressure, and shall be connected to
21 an approved sewer system.
22
23 STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of
24 a dwelling and every porch or balcony, shall be kept in safe condition and sound repair.
25 Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every
26 stairwell and every flight of stairs which is more than four risers high shall have handrails
27 approximately 30 inches high, measured vertically from the nose of the stair tread to the top
28 of the handrail. Every porch which is more than four risers high and every balcony shall
29 have handrails approximately 30 inches above the floor of the porch or balcony. Every
30 handrail and balustrade shall be firmly fastened and maintained in good condition. No flight
31 of stairs shall have settled out of its intended position or have pulled away from the
32 supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have
33 rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads
34 and risers of every flight of stairs shall be uniform in width and height. Stairways shall be
35 capable of supporting a live load of 100 pounds per square foot of horizontal projection.
36
37 ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall
38 be provided without passing through any other dwelling unit.
39
40 DOOR LOCKS AND SECURITY. No owner shall occupy nor let to another for
41 occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 10
1 unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be
2 furnished with door locks as follows:
3
4 (a) Multiple Family Dwelling SecuritySystems. For the purpose of providing a
5 reasonable amount of safety and general welfare for persons occupying
6 multiple family dwellings, an approved security system shall be maintained for
7 each multiple family building to control access. The security system shall
8 consist of locked building entrance or foyer doors, and locked doors leading
9 from hallways into individual dwelling units. Dead-latch type door locks shall
10 be provided with lever knobs (or door knobs) on the inside of building
11 entrance doors and with key cylinders on the outside of building entrance
12 doors. Building entrance door latches shall be of a type that are permanently
13 locked from the outside and permanently unlocked from the inside.
14
15 (b) Dwelling Unit Door Locks. Every door that is designed to provide ingress or
16 egress for a dwelling unit within a multiple family building shall be equipped
17 with an approved lock that has a dead-locking bolt that cannot be retracted
18 by end pressure, however, that such door shall be openable from the inside
19 without the use of a key or any special knowledge or effect.
20
21 SUMP PUMP WELLS. At the point of sale of a dwelling unit, sump pumps must be
22 inspected to ensure that they are not connected in any manner to the sanitary sewer system.
23 If the Compliance Officer determines the sump pump is connected to the sanitary sewer
24 system, the situation must be corrected before the dwelling unit is considered in compliance
25 to be sold.
26
27 MULTIPLE DWELLING OUTDOOR WATER SERVICE METERING. Each multiple
28 dwelling shall have a meter measuring the amount of water used for such outdoor activities
29 as lawn maintenance, gardening, parking lot cleaning.
30
31 MINIMUM STANDARDS FOR LIGHT AND VENTILATION. No person shall occupy
32 as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the
33 purpose of living.therein, which does not comply with the following requirements:
34
35 HABITABLE ROOM VENTILATION. Except where there is supplied some other device
36 affording adequate ventilation and approved by the Compliance Official, every habitable
37 room shall have at least one window facing directly outdoors which can be opened easily.
38 The minimum total of openable window area in every habitable room shall be in compliance
39 with minimum standards in the Minnesota Uniform Building Code.
40
41 NONHABITABLE ROOM VENTILATION. Every bathroom and water closet
City of Saint Anthony Housing Maintenance'Ordinance
Draft Number 1 -- November 10, 1991
Page Number 11
1 compartment, and every laundry and utility room shall contain at least 50% of the ventilation
2 requirement for habitable rooms contained in Section #####, except that no windows shall
3 be required if such rooms are equipped with a ventilation system which is approved by the
4 Compliance Official.
5
6 ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all
7 public and common areas shall be supplied with electric service, functioning over current
8 protection devices, electric outlets;and electric fixtures which are properly installed, which
9 shall be maintained in good and safe working conditions, and shall.be connected to a source
10 of electric power in a manner prescribed by the ordinances, rules and regulations of the City
11 of St. Anthony and by the laws of the State of Minnesota. The minimum capacity of such
12 electric service and the minimum number of electric outlets and fixtures shall comply with
13 the current Minnesota State Electrical Codes.
14
15 MINIMAL THERMAL STANDARDS. No person shall occupy as owner, occupant or let
16 to another for occupancy any dwelling or dwelling unit for the purpose of living therein,
17 which does not have heating facilities which are properly installed, and which are maintained
18 in safe and good working condition, and which are capable of safely and adequately heating
19 all habitable rooms, bathroom, and water closet compartments in every dwelling unit located
20 therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
21 floor level and three feet from exterior walls at an outside temperature of -25 degrees
22 Fahrenheit. Gas or electric appliance designed primarily for cooking or water heating
23 purposes shall not be considered as heating facilities within the meaning of this section.
24 Portable heating equipment employing flame and the use of liquid fuel does not meet the
25 requirements of this section and is prohibited. No owner or occupant shall install, operate
26 or use a space heater employing a flame that is not vented outside the structure in an
27 approved manner.
28
29
30 GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to
31 another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which
32 does not comply with the following requirements:
33
34 FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation,exterior walls
35 and exterior roof shall be substantially water tight and protected against vermin and rodents
36 and shall be kept in sound condition and repair. The foundation element shall adequately
37 support the building at all points. Every exterior wall shall be free of deterioration, holes,
38 breaks, loose or rotting boards or timbers, and any other condition which might admit rain
39 or dampness to the interior portion of the walls or to the exterior spaces of the dwelling.
40 The roof shall be tight and have no defects which admits rain, and roof drainage shall be
41 adequate to prevent rain water from causing dampness in the walls. All exterior wood
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 12
1 surfaces, other than decay resistant woods, shall be protected from the elements and decay
2 by paint or other protective covering or treatment. If 25% or more of the exterior surface
3 is unpainted or determined by the Compliance Official to be paint blistered, the surface shall
4 be painted. If 25% or more of the exterior surface of the pointing of any brick, block or
5 stone wall is loose or has fallen out, the surface shall be repaired.
6
7 WINDOWS, DOORS AND SCREENS. Every window, exterior door, and hatchway shall
8 be substantially tight and shall be kept in sound condition and repair. Every window, other
9 than a fixed window or storm window, shall be capable of being easily opened. Every
10 window, door and frame shall be constructed and maintained in such relation to the adjacent
11 wall construction as to completely exclude rain, wind, vermin and rodents from entering the
12 building. Every openable window or other device required by Section #### shall be
13 supplied with 16 mesh screens during the insect season.
14
15 FLOORS, INTERIOR WALLS AND CEILINGS. Every floor,interior wall,and ceiling
16 shall be adequately protected against the passage and harborage of vermin and rodents, and
17 shall be kept in sound condition and good repair. Every floor shall be free of loose, warped,
18 protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes
19 and large cracks and loose plaster and shall be maintained in a tight, weatherproof
20 condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every
21 toilet room and bathroom floor shall be capable of being easily maintained in a clean and
22 sanitary condition.
23
24 RODENT PROOF. Every dwelling and accessory structure and the premises upon which
25 located shall be maintained.in a rodent-free and rodent-proof condition. All openings in the
26 exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2"
27 diameter or large opening shall be rodent-proofed in an approved manner. Interior floors
28 or basements, cellars and other areas in contact with the soil shall be paved with concrete
29 or other rodent impervious material.
30
31 FENCE MAINTENANCE. All fences supplied by the owner or agent on the premises
32 and all fences erected or caused to be erected by an occupant on the premises shall consist
33 of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in
34 good condition both in appearance and in structure. Wood material, other than decay
35 resistant varieties, shall be protected against decay by use of paint or other.preservatives.
36 All exterior wood surfaces, other than decay resistant woods, shall be protected from the
37 elements and decay by paint or other protective covering or treatment. If 25% or more of
38 the exterior surface is unpainted or determined by the Compliance Official to be paint
39 blistered, the surface shall be painted. If 25% or more of the exterior surface of the
40 pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be
41 repaired. Fences, when constructed to enclose any lot or tract of land shall be located in
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 13
1 such a way that the entire fence shall be on the property of the builder thereof. Posts and
2 framework shall be placed within the property lines of the owner and the actual fencing
3 material such as wire, lumber, pickets, etc. shall be placed on the side of the fence which
4 faces the street or the adjacent property.
5
6 ACCESSORY STRUCTURE MAINTENANCE. Accessory structures supplied by the
7 owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound,
8 and be maintained in good repair and appearance. The exterior of such structures shall be
9 made weather resistant through the use of decay-resistant materials such as paint or other
10 preservatives. All exterior wood surfaces, other than decay resistant woods, shall be
11 protected from the elements and decay by paint or other protective covering or treatment.
12 If 25% or more of the exterior surface is unpainted or determined by the Compliance
13 Official to be paint blistered, the surface shall be painted. If 25% or more of the exterior
14 surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface
15 shall be repaired.
16
17 SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall,
18 ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto,
19 shall be safe to use and capable of supporting loads that normal use may cause to be placed
20 thereon.
21
22 FACILITIES TO FUNCTION. Every supplied facility, piece of equipment or utility
23 required under City Ordinances and every chimney and flue shall be installed and
24 maintained and shall function effectively in a safe, sound and working condition.
25
26 GRADING AND DRAINAGE. During the period May through October every yard,court,
27 passageway, and other portions in the premises on which a dwelling stands shall be graded
28 and drained so as to be free of standing water that constitutes a detriment to health and
29 safety.
30
31 UNIT BELOW GRADE. No space located more than four feet below grade shall be used
32 as a habitable room of a dwelling unless approved by the Compliance Official. Approval
33 shall be based on compliance with the minimum standards of this Code for habitable rooms.
34
35 YARD COVER. Every yard of a premises on which a dwelling stands shall be provided
36 with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related
37 decorative materials and such yard shall be maintained consistent with prevailing community.
38 standards.
39
40 DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or
41 occupant shall cause any service, facility, equipment or utility which is required under this
i
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 14
1 ordinance, to be removed from or shut off from or discontinued for any occupied dwelling
2 or dwelling unit let or occupied by him/her, except for such temporary interruptions as may
3 be necessary while actual repairs or alterations are in process, or during temporary
4 emergencies.
5
6
7
8 SECTION 4.
9
10 MAXIMUM DENSITY. MINIMUM SPACE, USE AND LOCATION
11 REQUIREMENTS. No person shall occupy nor permit or let to be occupied any
12 dwelling or dwelling unit for the purpose of living therein, which does not comply with the
13 following requirements:
14
15 PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners
16 occupying a respective dwelling unit prior to 1940, the maximum permissible occupancy of
17 any dwelling unit shall be determined by reference to the current Minnesota Uniform
18 Building Codes.
19
20 ONE FAMILY PER DWELLING UNIT. Not more than one family, except for
21 temporary guests, shall occupy a dwelling unit.
22.
23 MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear
24 ceiling height of not less than seven feet, six inches, except that in attics or top-half stories
25 used for sleeping, study, or similar activities, the ceiling height shall be not less than seven
26 feet six inches over at least one-half of the floor area. In calculating the floor area of such
27 rooms in attics or top-half stories, only those portions of the floor area of the room having
.28 a clear ceiling height of five feet or more may be included. Open beam ceilings shall have
29 a clear ceiling height of seven feet.
30
31 ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit build
32 after 1940 and containing two or more sleeping rooms shall have a room arrangement such
33 that access to a bathroom or water closet compartment intended for use by occupants of
34 more than one sleeping room can be gained only by going through another sleeping room,
35 nor shall the room arrangement be such that access to a sleeping room can be gained only
36 be going though another sleeping room. A bathroom or water closet compartment shall not
37 be used as the only passageway to any habitable room, hall, basement or cellar or to the
38 exterior of any dwelling unit.
City of Saint.Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 15
1 CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE FOR
2 SINGLE AND TWO-FAMILY HOMES
3
4 CERTIFICATE REQUIRED.
5
6 1. No single or two family structure or dwelling unit which is a part of a multiple
7 dwelling located within the City may be voluntarily conveyed for consideration by deed or
8 contract for deed after month, date year, unless the person relinquishing ownership or
9 Certificate of Housing Maintenance compliance.
10
11 2. This subsection shall not apply to any apartment house or rental home licensed
12 under subsection xxx.xx of this code and shall have no effect upon the provisions of law or
P
13 other ordinances related to the issuance of building permits.
14
15 APPLICATION AND INSPECTION.
16
17 1. Application for the Certificate of Housing Maintenance Compliance shall be
18 executed upon forms provided by the City and accompanied by the initial fee established in
19 Appendix X of this code.
20
21 2. Upon receipt of a properly executed application, the City Manager or his/her
22 designee shall cause an inspection to be made of the premises to ensure the structure is in
23 compliance with applicable provisions of subsection xxxx through xxxx of this code (the
24 housing maintenance code).
25
26 ISSUANCE OF CERTIFICATE. If the structure is in compliance with the requirements
27 of the housing maintenance code, a certificate shall be issued to the person relinquishing
28 ownership or the agent thereof, stating that the structure has been inspected and is in
29 compliance with the housing maintenance code. During the period of one year following its
30 issuance, a certificate may be accepted by the City in satisfaction of the requirements of this
31 subsection without the need for a second inspection.
32
33 OCCUPANCY PROHIBITED. The person relinquishing ownership or their designated
34 agent shall obtain the certificate from the City prior to transfer of ownership. The
35 prospective owner shall not occupy the structure prior to issuance of the certificate, except
36 pursuant to subdivision (the next section).
37
38 OCCUPANCY. A person may be granted permission to occupy a dwelling prior to
39 issuance of the certificate upon the approval of the City Manager. The approval shall be
40 based upon undue hardship or other extraordinary or exceptional circumstances, provided
41 that no such occupancy constitutes an immediate hazard. Approval shall not be given until
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 16
1 the prospective owner or designated agent has filed on forms supplied by the City, a
2 statement of intent to comply with the housing maintenance code. Compliance dates in the
3 statement of intent to comply shall be established by the City Manager. Failure to make the
4 required corrections by the compliance dates shall constitute a violation of this code and
5 shall render void any approval given pursuant to this section.
6
7 ADDITIONAL INSPECTIONS. If following the issuance of a certificate, the City finds by
8 complaint or otherwise that the structure may be maintained in'a substandard manner, a
9 new inspection will be required in order to satisfy the requirements of this section.
10
11 NO WARRANTY BY CITY. By enacting and undertaking to enforce this subsection,
12 neither the City nor its council, agents or employers warrant or guarantee the safety, fitness
13 or suitability of any dwelling in the City, and any representation to the contrary by any
14 person is a misdemeanor. Purchasers or occupants should take whatever steps they deem
15 appropriate to protect their interests, health, safety and welfare prior to purchase or
16 occupancy of the dwelling,without reliance on this certificate. A warning in substantially the
17 foregoing language shall be printed on the face of the certificate.
18
19 REMEDIES. Any person who violates the provisions of this section, or who makes
20 a knowingly false statement in the application, is guilty of a misdemeanor. In addition, the
21 City may enforce the provisions of this section in any court of competent jurisdiction in law
22 or equity.
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 17
1 INSPECTION AND LICENSING OF
2 APARTMENT HOUSE AND RENTAL HOMES
3
4 PURPOSE. It is the purpose of this ordinance to protect the health, safety and welfare of
51 citizens of the City who have as their place of abode a living unit in a multiple dwelling.
6
7 INTENTION. It is the intention of this ordinance that a mode of protecting and
8 regulating the living conditions of citizens residing in multiple dwellings in the City be
9 established, and that uniform standards be established for all multiple dwellings in the City.
10
11 LICENSE REQUIRED. No person, partnership, corporation or other group or entity
12 shall own or operate a multiple dwelling in the City without the owner of the multiple
13 dwelling first having obtained a license in accordance with this ordinance.
14
15 APPLICATION FOR LICENSES. Applications for licenses shall be made in writing
16 to the Clerk by the owner of the multiple dwelling on forms provided by the City. The
17 purchaser of a multiple dwelling may apply as the 'owner'; provided, however, that any
18 license issued pursuant to an application by a purchaser shall be contingent upon closing the
19 purchase and upon the applicant becoming the owner. Applications shall include, but not
20 be limited to, the following information with respect to the multiple dwelling:
21
22 Name and address of owner.
23
24 Name and address of a person residing or having a business office in Hennepin or
25 Ramsey County, Minnesota and appointed by the,owner as an agent for purposes of
26 notices under this ordinance and for service of process upon the owner.
27
28 Name and address of any managing operator or agent.
29
30 Name and address of all partners if the applicant is a partnership.
31
32 Name and address of all officers and members of the board of directors if -the
33 applicant is a corporation.
34
35 Name and address of the contract for deed vendor if the multiple dwelling is owned
36 under a contract for deed.
37
38 Legal address of the multiple dwelling.
39
40 Number and kind of units.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 18
i
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 xxxx 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 a
13 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
19 the ordinance.
20
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
31 issued by the City Clerk in a frame with a glass covering in a conspicuous location in a
32 public 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,
35 maintain a current register of tenants and other persons who have a lawful right to
36 occupancy of apartments within the apartment house. In its application, the licensee shall
37 designate the person or persons who will have possession of the register; and shall promptly
38 notify the City Manager of any change of the identity, address or telephone numbers of such
39 persons. The register shall be available for inspection by the City Manager, or his/her
40 designate, at all times.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 19
1 INSPECTIONS.
2
3 The City Manager and his/her delegated inspectors are hereby authorized to make
4 inspections reasonably necessary to the enforcement of this ordinance, but at least
5 annually.
6
7 All police officers, sanitarians, or health officers of the City may inspect a multiple
8 dwelling when requested by the City Manager.
9
10 All persons authorized to inspect shall have the authority to enter, at reasonable
11 times, any multiple dwelling licensed pursuant to this ordinance.
12
13 Persons inspecting a multiple dwelling shall notify the licensee of all violations, if any,
14 by written notice. The notice shall direct compliance in not less than 15 days, unless
15 extended by the City Manager for good cause.
16
17 REVOCATION OR SUSPENSION.
18
19 Every license issued under this ordinance is subject to the right, which is hereby expressly
20 reserved, to suspend or revoke the same should the licensee or the licensee's agents,
21 employees, representatives or lessees directly or indirectly operate or maintain a multiple
22 dwelling contrary to the provisions of state or federal law, this or any other ordinance of the
23 City, or any permit issued by the City.
24
25 A license may be suspended or revoked by the Council after written notice to the licensee
26 specifying the violations. The notice shall also specify the date for a hearing before the
27 Council, which shall not be less than 10 days after the date of the notice.
.28
29 At the hearing,.the licensee may present any evidence relevant to the violations specified in
30 the notice.
31
32 After a hearing, the Council may suspend or revoke the license if deemed necessary to
33 protect the public health, safety or welfare.
34
35 SUMMARY ACTION.
36
37 When the conduct of a licensee or the licensee's agent, representative, employee of lessee,
38 or the condition of the licensed multiple dwelling, constitutes a nuisance, fire or health
39 hazard, unsafe or dangerous condition, or other emergency, the City Manager may
40 summarily condemn or close off the multiple dwelling or a portion thereof.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 20
1 Any person aggrieved by a decision of the City Manager shall be entitled to appeal to the
2 Council, immediately, by filing a notice of appeal with the Manager. The Manager shall
3 schedule a date for hearing before the Council and notify the aggrieved person of the date.
4
5 The hearing shall be conducted in the same manner as if the aggrieved person had not
6 received summary action.
7
8 The decision of the City Manager shall not be voided by the filing of such appeal. Only
9 after the City Council has held its hearing will the decision of the City Manager be affected.
10
11 APPLICABLE LAWS. Licenses shall be subject to state and federal laws and all ordinances
12 of the City relating to multiple dwellings; and this ordinance shall not be deemed to
13 supersede or limit any other applicable law or ordinance.
14
15 PENALTIES. Each violation of this ordinance shall constitute a misdemeanor, and each
16 violation shall be subject to the penalties set forth in Subdivision 1 of Section 1100:00 of the
17 19xx Code of Ordinances.
1 CITY OF ST. ANTHONY
02 CITY COUNCIL MEETING MINUTES
3 NOVEMBER 12, 1991
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:30 P.M. with the Pledge of Allegiance led
6 by Mayor Ranallo.
7 II. ROLL CALL.
8 Present: Ranallo, Marks, Enrooth, Fleming and Wagner.
9 Also present: Thomas Burt, City Manager
10 David Urbia, Management Assistant
11 III. APPROVAL OF NOVEMBER 12, 1991 COUNCIL AGENDA.
12 . Motion by Marks, seconded by Wagner to approve the November 12, 1991
13 agenda with one addition under REPORTS and two under NEW BUSINESS.
14 Motion carried unanimously.
0
15 IV. APPROVAL OF NOVEMBER 5, 1991 REGULAR COUNCIL MINUTES AND CITY
16 ELECTION RESULTS.
17 Motion by Marks, seconded by Enrooth to accept both reports in the agenda
18 as one, with the following changes:
19 Page 6, line 34 add "Ed Hance" and under Pct. 3H add "1"
20 Page 7, line 32 change line 1 to read "Write-Ins 1, 9, 1, 2, 13"
21 Page 7, line 12 add "Dan Kramer" and under Pct. 3H add "1"
22 Motion carried unanimously.
23 V. LICENSES/PERMITS/PETITIONS,
24 Motion by Marks, seconded by Wagner to approve licenses-for the following:
25 Contractors
26 Earl Weikle & Sons, Minneapolis, MN
27 Joe Hamel Company, St. Paul, MN
28 Seviola Construction Company, Blaine, MN
•
City Council Meeting •
November 12, 1991
Page 2
1 Heatinq
2 LBP Mechanical, Inc., Minneapolis, MN
3 Motion carried unanimously.
4 VI. PRESENTATION OF CLAIMS
5 A. Progressive Contractors
6 Motion by Marks, seconded by Enrooth to approve payment of
7 $150,617.23 to Progressive Contractors for the rehabilitation of Chandler
8 Drive with $8,999.08 retained until final inspection next spring.
9 Motion carried unanimously.
10 B. Verified Claims.
11 Motion by Wagner, seconded by Fleming to approve three pages of
12 verified claims as presented by the Finance Director in the agenda packet. •
13 Motion carried unanimously.
14 VII. REPORTS.
15 Tony D'Agostino Report on Little Gophers Baseball Activities
16 Tony D'Agostino, 3013 Harding Street N.E., was present at the Mayor's invitation
17 to report his travels with the international traveling team of 15 and 16.year olds
18 last summer. He reported he had played as third baseman for the league in
19 Minnesota, Iowa, Colorado, Utah, Puerto Rico, and Hawaii. The Totino Grace
20 student said he had earned.the cost of these travels by selling the ads in the
21 Little Gophers program shown by Mayor Ranallo. He is selling Christmas
22 Wreaths and anticipates selling ads for next year's program, which will include
23 a trip to the Orient next summer. The Council also learned that a St. Anthony
24 High School student, Jeremy Rice, who is 14 years old, as a member of the Little
25 Gophers farm team had played baseball in Italy last summer and could probably
26 qualify to play on the older team next year. Mrs. D'Agostino indicated she liked
27 the discipline Tony had experienced playing with the Little Gophers and stated
28 that she had "sent a boy and gotten back a man."
•
•. - 4
• City Council Meeting
November 12, 1991
Page 3
1 A. Council Reports
2 Councilmember Wagner's.Report
3 The Councilmember indicated he planned to attend a panel discussion on
4 "Local Government Aid - the ,Minnesota Approach".at Hamlin University,
5 November 14th.
6 Councilmember Fleming's Report
7 VillageFest The Councilmember reported she had attended a VillageFest
8 meeting the previous evening where Tom and Dorothy Thorson had
9 announced they would be resigning their chairmanship on January 1 st. A
10 meeting of the board and officers was scheduled for November 25th.
11 Councilmember Enrooth's Report
12 Community Education Week The Councilmember noted that next week
13 would be Community Education .Week, which he perceived deserved
14 special consideration since there have been so many changes in that
15 concept.
16 November 18th Meeting with School Officials Councilmember Enrooth
17 suggested it might be helpful to have an agenda-established for issues to
•8 be considered during the Council's meeting with the District #282 School
19 Board. Mr. Burt reported the Community Services Director would be
20 indicating how much space would be needed for varying activities as well
21 as the proposed rental fees. The latter would depend on the cost of
22 operation, which, in turn would depend on boiler costs and the
23 maintenance contract. The City Manager said he was meeting with school
24 representatives the next morning regarding the contract.
25 Councilmember Marks' Report
26 Sister Cities Committee The Councilmember indicated he hoped to be able
27 to report soon on the establishment of a Sister Cities Committee by Duluth
28 along with that group's recommendations to other cities who wanted to set
29 up similar organizations in their communities.
30 Mayor Ranallo's Report
31 Unicyclist Awards Banquet The Mayor reported attending this banquet
32 November 8th. He said the group is made up of young unicyclists from
33 mostly St. Anthony and New Brighton and had grown within-a year from
34 eight or nine to thirty-two riders. He was especially impressed by the fact
35 that.the organization had no school or governmental support.
36 D.A.R.E. Benefit Concert Mayor Ranallo noted the ticket sales for the
07 benefit November 22nd were not going as well as expected. Therefore, Mr.
City Council Meeting •
November 12, 1991
Page 4
1 Burt is preparing a flier to be sent home with the school children explaining
2 to the parents that the Drug Awareness Resistance Education (D.A.R.E.)
3 program is not tax supported but depends exclusively on community
4 support. It was agreed that if the public could see the response from the
5 two classes of fifth and sixth graders who have gone through the D.A.R.E.
6 program, the response to this benefit would probably be much different.
7 B. City Manager Reports
8 Court Ruling Mr. Burt reported the unfavorable court ruling in the City's
9 litigation against property owners at 2917-33rd Avenue N.E.. Proposed
10 ordinance modifications will be presented at the Council's November 26th
11 meeting.
12 TCAAP Water Contamination Hearings The City Manager indicated he
13 would be attending the afternoon meeting the next day and the David
14 McDonald, the attorney representing St. Anthony, would attend the public
15 hearing on the continuing contamination to be held at the Irondale High
16 School the evening of November 14th. Mr. McDonald will be stressing the •
17 importance of -the Army's keeping their agreement to complete the
18 Boundary Ground Water _Recovery System (BGWRS) to stop the flume of
19 contamination to St. Anthony. Mr. Burt added that the City's pumping
20 effect on the direction of the flume has been of special interest to the
21 Chicago engineering firm tracking the path of the flume. Mayor Ranallo
22 said he would juggle his appointments so he could
23 Because the Truth in Taxation statements to City taxpayers have made
24 them aware that most of them will experience a 1.2% reduction in property
25 taxes proposed for 1992, the City Manager said he wouldn't expect a large
26 turnout at the Council's November 26th budget hearing. However
27 Councilmembers will be provided with copies from the League of
28 Minnesota Cities of literature the Minnesota Taxpayers Association prepared
29 for distributing to promote citizen awareness of the Truth in Taxation issues.
30 Old Clark Station Site Redevelopment Mr. Urbia's November 7th
31 memorandum on the above included the appraisals for the former service
32 station site as well as the adjoining narrow strip of property. Proposals
33 from two engineering firms to perform soil contamination verification tests
34 were also included. Mr. Burt advised that the verification costs of about
35 $6,000 would have to be paid from H:R.A. funds and hopefully recovered
36 from the sale of the property if the City decides to buy it for sale to a •
37 developer. He said the City would take care of snow clearing for the
• City Council Meeting
November 12, 1991
Page 5
1 drilling and testing. The City Manager indicated there have been several
2 developers who have shown an interest in erecting either three or four-
3 plexes, but only after the soil condition is determined. The present owner
4 has already determined rentals would not be economically feasible. The
5 Councilmembers agreed that it would be well worthwhile for the City to
6 expend some up front money to get the property on the tax rolls.
7 Motion by Marks, seconded by Wagner to contract with Braun Intertec to
8 conduct the soil contamination verification on the former Clark station site
9 at the corner of 33rd Avenue and Stinson Boulevard N.E.
10 Motion carried unanimously.
11 Clarification of Sewer Rates and Charges The October, 3, 1991
12 memorandum from Roger Larson, Finance Director, requested Council
13 interpretation of how apartment buildings should be classified under
14 Ordinance 540:00. The City Manager indicated the Public Works Director
15 recommended this property should pay commercial rates, citing the City's
06 inability to identify or control waste where there is only one meter.
17 However, discussions with apartment owners had indicated economic
18 hardships resulting from the rise of taxes and sewer and water rates faster
19 than rentals. Mr. Burt said he would like to do further research on the
20 issue particularly on how larger municipalities charge for these services.
21 He indicated he would look for a method of charging which would be fair
22 to both the City and the property owners. The City Manager also
23 suggested that when the Housing Maintenance Code is reviewed, provision
24 might be considered for the City to enter apartments to identify leaks which
25 cause higher meter readings.
26 Home.Occupation/Storage of Equipment The City Manager was instructed
27 to work with the City Attorney to develop recommendations for a program
28 of consistent enforcement of codes and ordinances related to the above
29 which are perceived as being violated throughout the City.
30 VIII. PUBLIC HEARINGS.
31 There were no public hearings.
32 IX. NEW BUSINESS
•
City Council Meeting •
November 12, 1991
Page 6
1 Resolution 91-049, re: Hennepin County Municipal Source-Separated
2 Recyclables program.
3 Motion by Ranallo, seconded by Marks to adopt the resolution which approves
4 the submittal of the 1992 grant application and entering into a contract for this
5 recyclables program.
6 Motion carried unanimously.
7 South End Task Force/Planner
8 Motion by Marks, seconded by Fleming to approve the list of twelve people
9 submitted by staff to serve on the South End Task Force to provide input on
10 land use, traffic concerns, and ideas for what image the area south of 29th
11 Avenue N.E., primarily along Kenzie Terrace, should have.
12 Motion carried unanimously.
13 Motion by Ranallo, seconded by Wagner to direct staff to retain Bill Weber of •
14 BRW, Inc. to provide the necessary expertise to the Task Force as agreed to
15 with the costs not to exceed $5,000.
16 Motion carried unanimously.
17 Goal Setting Sessions Scheduled for January 10 and 11. 1992
18 Mr. Burt will return with proposals for facilitators and location at a later date. A
19 tentative agenda of goals to be considered including staff and equipment
20 additions to the fire and police departments as well as strategies for road
21 replacement and maintenance was suggested by the City Manager. He
22 emphasized specific goals rather than.just visionary concepts. The first evening
23 would be devoted to talking about team building and the form of government
24 under which the City operates and the roles under that form.
25 X. UNFINISHED BUSINESS - None.
26 XI. ADJOURNMENT.
27 Motion by Marks, seconded by Wagner to adjourn the meeting at 9:15 P.M..
28 Motion carried unanimously. •
• City Council Meeting
November 12, 1991
Page 7
1 Respectfully submitted,
2 Helen J. Crowe, Acting Secretary
3
4 Mayor
5 ATTEST:
6 City Clerk
•
0CITY OF ST _ n14THONY
2
3 REGULAR COUNCIL MEETING
5 NOVEMBER, _2 6 , _1 9 9
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
i0 The Council Meeting was calied to order at 7 : 30 p .m. and
li the Pledge of Allegiance was led by Mayor Ranallo .
12
I3 t
14 2 . ROLL CALL
15
16 Council Present : Mayor Ranallo , Councilmembers Marks ,
17 Fleming and Wagner . Councilmember Enrooth arrived at the
18 Council Meeting at 7 : 45 p .m.
19
20 Staff Present : City Manager Burt , Management Assistant
21 Urbia , Finance Director Larson , Police Chief Engstrom,
22 Fire Chief Johnson and Public Works Director Hamer .
23 Planning Commissioner Faust was also in attendance .
24
25 Mayor Ranallo requested anyone present who wished to
6 address the Council or an issue to step to the speaker ' s
7 podium and be recognized by the Chair . He noted that at
28 previous Council meetings members of the audience had
29 spoken from the floor . This practice was disruptive for
30 all in attendance and made it difficult for recording the
31 proceedings of the meeting. This request would be in
32 compliance with Robert ' s Rules of Order .
33
34
35 3 . APPROVAL OF NOVEMBER 26 , 1991 COUNCIL AGENDA
36
37 A request had been made to make an appointment to the
38 Solid Waste Advisory Committee for Hennepin County. This
39 agenda item was added to the New Business portion of the
40 agenda .
' 1
42 Motion by Marks , second by Wagner to approve t;Ie agenda
43 for the November 26 , 1991 Council N,eeting .as presented
44 with one addition to Ivcw 3usiness .
45 J
46
47 1-11oticn_carrie.d unanimo-,-isly
49
50
51 4 . APPROVAL OF NOVEII✓B R -_12.1_._1951 COUNCIL 1.11NUTES
0 2
_ 3 Motion by Marks , second by 14ag ner to approve th minutes
54 of the November 12 , 1991 Council Meeting, with the
01 REGULAR COUNCIL ,MEETING
2 NOVEMBER 26 , 1991
3 PAGE 2
4
5
6 following correction :
7
8 page 4 , line 22 : Add to the end of the sentence attend
9 the November 14th meeting. "
10
11 Motion carried unanimously
12
13 f
14 5 . LICENSES/PERMITS/PETITIONS
15
16 Contractor ' s License
17
18 Motion by Wagner , second by Marks to approve the
19 contractor ' s license for Bill Merrill Masonry , Inc . of
20 Silver Lake , Minnesota
21
22
23 Motion carried unanimously
24
25 Motor Vehicle Startina License
6
7 Motion by Wagner , second by Marks to approve the motor
28 vehicle starting license for Sroga ' s Automotive of the
29 City of St . Anthony, Minnesota
30
31
32 Motion carried unanimously
33
34 3 . 2 Beer On Sale Retail License
35
36 This license request was made on behalf of Sheik ' s
37 Garden , Inc . , a new restaurant located at Apache Plaza
38 Shopping Center .
39
40 Motion by Wagner , second by Marks to approve the 3 . 2 Eeer
41 On Sale Retail license for Sheik ' s Garden Restaurant at
42 Apache Plaza Shopping Center .
43
44
45 Motion carried -11--nan imo _s l;!
47
48
49 5 . PRESENTATION OF CLAIMS
51 A. Braun Intertech
t,2
3 Motion by Marks , second by Fleming to approve
54 payment in the amount of $3, 576 . 00 to Braun
i REGULAR COUNCIL MEETING
2 NOVEMBER 26 : 1991
3 PAGE 3
A
5
6 Intertech Pavement , Inc . for pavement management and
7 program installation .
8
9 Motion carried unanimously
10
11 B. Verified Claims
12
13 ,� Motion by Marks , second by rleminq to approve
14 payment of the six pages of verified claims as
15 submitted by the Finance Director .
16
17 Motion carried unanimously
18
19
20 Award Bid for Hiahcrest Storm Sewer Outlet
21
22 Dana Gauthier , an engineer representing Barr Engineering,
23 advised the Council that there were eight bids received
24 for this project . The bid opening was on November 25 ,
25 1991 . Copies of the bids received were distributed to the
6 Councilmembers .
7
28 Gauthier stated that this is a labor intensive project
29 and felt this was reflected in the bid spread which
30 ranged from $43 , 040 . 00 t'o $81 , 950 . 00 .
31
32 Barr Engineering had reviewed the bids and recommended
33 the bid be awarded to the low, reponsible bidder , F . F.
34 Jedlecki Company. Gauthier advised that the proposal
35 submitted by this firm had been reviewed and found to be
36 in proper order . He also stated that one of its
37 references had been contacted and a satisfactory
38 statement was made by that reference .
39
40 The City Manager noted that this project had been rebid .
41 He felt the uroDosal of the low bidder was more in line
42 with what the Council anal staff had coi"sieered
43 appropriate costs for the project .
44
45 Motion, by '•larks , second by Wagner to award the bid for
46 the Hichcrest Storm Sewer Cutlet project to the F . F .
427 Jedlecki Company in the amount of $43 , 040 . 00 .
48
49 i` otlon ca- cried unanimously
51. 7 . PUBLIC HEARINGS
2
3 A. 1992 Budget /Tax Levy.
54
01 REGULAR COUNCIL MEET 7NG
2 NOVEMBER 26 , 1991
3 PAGE i
4
5 Mayor Ranal to opened the Public hearing for the 1992
6 budget and tax levy at 7 : 40 p .m.
7
8 The Mayor advised that all of the City ' s management. staff
9 and department heads were in attendance at the Public
10 Hearing to answer questions or respond to concerns of
11 residents regarding proposed budget items .
12
13 Mayor Ranallo stated that this budget was reviewed about
14 a month ago at a Council meeting with the purpose of
i5 getting input from residents . Approximately eight to ten
16 residents attended . This open forum was held so there
17 would be enough time to include any input or suggestions
18 into the proposed budget . The Mayor noted that this
19 budget has to be approved by December 4th . With this
20 short deadline, tonight ' s meeting would not have afforded
21 time for inclusion of any budget changes that may have
22 been considered.
23
24 It was stated, that the budget which will be presented at
25 tonight ' s meeting, has not been modified since the
6 previous meeting.
7
28
29 The City Manager referred to the notification of the
30 proposed budget published in the Minneapolis Star Tribune
31 and in the St . Anthony Bulletin which complied with the
32 publication mandates of the Truth in Taxation
33 requirements .
34
35 He stated that the City Council decided not to levy to
36 the maximum allowable amount but reduced the budget by
37 $20 , 000 . In taxes payable 1991 the City received twenty-
-.8 one cents of each tax dollar and for taxes payable 1992
39 the City will receive nineteen cents of each tax dollar .
40
41 In 1991 the local government aids for St . Anthc.ny were
42 reduced $75 , 000 and in 1992 that reduction is expected to
43 be $70 , 000 .
44
45 Residents were advised that if their property takes
46 increase it would be because the value of their prooertv
47 was increased . Also , the State has changed the tax rates
40 on certain properties . The City Manager advised tl.at the
49 half cent sales tax recently approved by metropolitan
50 counties was originaliy intended to be put into a Local
5i Govern;r;ent Trust Fund . *Ae suggested that the Legislature
*2 appears tc, be considering retaining this money for State
3 use . He reeal led that the sales ta;: which was implemented
54 in the early 70 ' s was originally intended to be used for
� I 'REGULAR COUNCIL .MEETING
2 NOVEMBER 26 , 1991
3 PAGE, 5
4
J
6 local government aid and it has never been used for that
7 purpose . The Council directed staff to transfer liquor
8 profits to the General Fund to make up for the loss of
9 local government aids .
10
Ii A resident inquired what the levy limit for the City is .
12 He.was advised that it is $ 1 , 598 , 684 less HACA, State Aid
13 ,pand Fiscal Disparities . The City of St . Anthony is the
14 only municipality in Hennepin County that is seeing a
15 reduction in taxes .
16
17 Early in the year the City Manager and staff decreased
18 the budget by $100 , 000 in anticipation of the loss of
19 state aid . This was done without any decrease in
20 staffing.
21
22 Using an overhead chart , the City Manager reviewed the
23 sources of revenue for the City. They are taxes ,
24 licenses , permits , intergovernmental relations and a few
25 other miscellaneous sources .
26
7 The expenses for the City are as follows :
a
29 Mayor and Council , which has increased 1 . 40 . This small
30 increase reflects salary increases .
31
32 Public Intergovernmental Relations fund has increased 7% .
33 This fund covers insurance and 'lobbying organizations
34 such as League of Minnesota Cities and Association of
35 Metropolitan Municipalities . It was noted that a
36 considerable amount of money is saved by the City ' s
37 participation in the LMC ' s Insurance Trust .
3a
39 The City Manager ' s budget did not increase .
40
41 Elections budget increased :$5 , 600 . This increase deal ;_
42 with the maintenance of election Machines and the costs
43 for the Presidential Primary , which will I.,e new in 199_' .
44
45 Assessing increased $550 . 00 which is for sala-
r y
46 ad33ustments .
47
48 There is no ant ieil:ated nor budgeted increases for 1eg.�1
49 services .
50
51 Enc,ineeri.�g/P ar:ni,:g : � budge M, ..
1 /7o;z�r t ;Zas decre- sc_: ,
4"2
3 Funding for Civil Defense is down by X3 , 000 .
54
•1 REGULAR COUNCIL HEETING
2 NOVEMBER 26 , 1991
3 PAGE 6
4
5
6 Funding for City Building is down $18 , 000 .
7
8 The klice Department budget will increase $23 , 000 . 880
9 of this increase is for a 3 1/2% salary adjustment . This
10 department is labor intensive and accounts for the
11 increase .
12
13 , The Mayor noted that two senior officers have retired
14 from the Police Department who had been receiving higher
15 salaries than the two new officers who have joined the
16 force .
17
18 Burt stated that the St . Paul Police Department and the
19 Ramsey County Sheriff ' s Department had approached St .
20 Anthony regarding consolidating the City ' s Police
21 Department with theirs . While consolidation in other
22 areas has been very beneficial the City Manager felt this
23 arrangement would experience much higher rates for
24 salaries and administration and receive less service .
25
06 The Fire Department budget is up $3 , 000 . This is for the
7 City ' s share of the Haz Mat machine . This machine is
28 shared and funded by five cities .
29
30 The increase in the Building Inspections is $520 . 00 for
31 salary adjustments .
32
33 There is no increase in the funding for animal control .
34 The City Manager stated that there has been a decrease in
35 the activity of this operation in the last two years .
36
37 There is a decrease of $8 , 800 . 00 in the Public Works
38 Department budget . The department is still short two
39 employees . There is a low "per capita" cost for public
40 works services .
41
42 Public Works Department maintenance repair has decreased
43 $4 , 000 . 00 .
44
45 Tree and weed care has increased $ 1 , 000 . 00 and Parks
46 Department has decreased $1 , 000 . 00 .
47
48 There were no questions for the City Manager from 0e
49 City Council nor residents in attendance at the end of
50 his budget presentation .
51
03
54
01 REGULAR COV:JCIL I a E ETi:1G
2 NOVEMBER 26 , 1991
3 PAGE 7
4
r
6
7 Close of Public Hearing
8
9 Motion by Marks , second by Enrooth to close the public hearing
10 at 8 : 40 p .m.
11
12 Motion carried unanimously
13
14 The Mayor thanked the department heads and staff for their
15 efficient work on the budget . He stated that the City Council
16 had requested them to spend significant time on the budget to
17 reduce it .
18
19 Adoption of Resolution No . 91-050
20
21 Motion by Marks , second by Wagner to adopt Resolution No . 91-
22 050 which is a resolution certifying the City of St . Anthony' s
23 tax levy and 1992 budget in compliance with Truth in Taxation .
24
25 Motion carried unanimously
467 6
28 B. Proposed Amendment to. Front Yard Setback Requirements
29
30 Mayor Ranallo opened the Public Hearing at 8 : 45 p .m.
31
32 That portion of the City ' s ordinances which addresses front
33 yard setback requirements was challenged in court and the City
34 lost the case . The City Attorney felt this portion of the
35 ordinance was always open for interpretation and suggested it
36 be amended so it is more clearly defined .
37
38 Motion by Marks , second by Wagner to approve the amendments of
39 Ordinance No . 1991-008 which is an ordinance pertaining to
40 front yard setback requirements ; amending Section 4 . subd . 51
41 paragraph 5 ; Section 4A, subd . 5 , paragraph 5 , section 5 ,
42 subd . 5 , paragraph 5 ; and section 6 , subd . 5 , paragraph 5 ; of
43 Appendix I ( Zoning) of the 1973 Code of Ordinances to clarify
44 the meaning of such paragraphs and to waive the two . read ings
45
46 Motion_carried unanimo.usly
48
49 8 . REPORTS
50
51 A. Council
0 2
3 Renort of Mayor Ran_ al l.o
54 The Mayor attended a meeting hosted Ly the Army at the
1 REGULAR COUNCI ., M=E ING
2 NOVEMBER 26 , 1991
3 PAGE 8
z
S
6 Irondale Middle School to discuss the filtration system.
7 Representatives of the Army felt a " tremendous" job was
8 done by themselves , MPCA and EPA resolving the problems
9 with the system. Mayor Ranalio disagreed .
10
11 The Mayor observed that it took St . Ant -:ony eleven years
12 and a lawsuit to get the filtration system and noted that
13 ` there was no cooperation during this time on the part of
14 the Army or any other entities . He also stated that the
15 Army had to install the system and it still isn ' t what is
16 required. It is too small and the building which houses
17 it is in need of repair . It has not yet been accepted by
18 the City of St . Anthony .
19
20 Congressman Martin Sabo had been very instrumental in
21 getting approval of the $213 , 000 necessary for the extra
22 pump . It was noted that although the approval has been
23 given no one had indicated when these funds will be
24 forthcoming. The Mayor expressed concern that under
25 certain circumstances the City still does not have enough
26 water to sprinkle in the summer nor fight a fire. The
*7 whole project was two years behind schedule .
28
29 The City Manager advised he had received a letter today
30 stating that the funds are anticipated in a few days . He
31 noted that the Army will be requested to repay the
32 Superfund if that is the source of the funding coming to
33 the City. He also observed that the lawsuit was. settled
34 with the understanding that a granular system would not
35 be needed by ten years but at the rate it is progressing
36 this may change to twenty-five years .
37
38 The City Manager said that the groun::4.ater contalni nat ion
39 plume is moving toward Minneapolis and the Mississippi
40 River . Forced air wells were not built and tl:e
41 cOntamina lon before treatmer;t is increasing. CarbOl,
42 change needs are also increasing and the State will have
43 to pay for these carbon filter changes .
44
"5 Mayor kana to chaired the Federal Legislytl,-ll l.rJi?li?1ittee
46 for tiie League of l�innesota Ci ties . :;e presented tip-
47 policies of the CC1T1Pllttee at the League ' s Annual Policy
48 Adoption 14eeting on Noven-Ier 21st . All of the proposed
9 policies were adopted by the meniuershi .
51 A fun-dralsing letter was receive? i f the .`ayor
2 Health C,r,e . In the letter ti,e experience of a heart
3 attack victim was referred to . The letter stated that
54 personnel frc_,m Health One had saved the victim' s life
i REGULAR COUNCIL MEETING
NOVEMBER 26 , 1 9 9 1
3 PAGE 9
4
J
6 when she fell i11 at Apache Plaza where she was employed .
7 The Mayor felt this was incorrect as she was attended by
8 emergency personnel from the City of St . Anthony . City
9 staff saved her , hospital staff took care of her . The
10 City Manager will review the report on record .
11
12 The Mayor advised the Councilmembers that at the first
13 jCouncil meeting in January some decisions must be made
14 regarding appointments , banking facilities for the City,
15 official newspaper designation, Mayor Pro-tern selection ,
16 etc . He requested all members of the Council to give each
17 of these decisions some consideration .
l8
19 About 400 people attended the Paul Todd Show which was a
20 fundraiser for the City ' s D.A.R. E . Program. The Mayor
21 observed that very few residents of the City were in
22 attendance at the concert .
23
24 Donations were received from the St . Anthony Kiwanis ,
25 Tri -City American Legion , the Eagles Club, Chandler
6 6 Place, Firstar St . Anthnony Bank , St . Anthony Chamber of
7 Commerce , the Lions Club and the Sports Boosters.
28
29 Staff and members of the City Council sold a significant
30 number of tickets. as did Students Against Drunk Driving.
31 The Mayor felt for a first-time fundraising experience
32 for the City it was very successful .
33
34 Report of Councilmember Wagner
35
36 On November 14th Councilmember Wagner attended a panel
37 discussion of the Municipal Trust Fund . This fund was to
38 receive its funding from the additional half percent
39 sales tax approved by metropolitan counties .
40
41 On the panel was Representative Andy Dawkins , a
42 representative of the Legislative Auditor ' s office , State
43 Treasurer ' s office , Don Slater , LMC Executive Director
44 and Dorothy McClung .
45
46 Councilmember Wagner felt the panel was very direct wit'l
47 their consents and observations regarding the Trust Fund .
48 It was stated it may be a very long time Y�efors a
49 distribution policy is developed as the Legislature ha:-
50 taken no action yet . Some cities are working on a
51 distribution program but counties have taken no action .
2 Funds are to je received by both cities and counties .
113
[ A
7 1
1 REGULAR COUNCIL i,iEETTNG
2 NOVEMBER 26 , 1991
3 PAGE 10
4
5
6 Report of Councilmember Fleming
7
8 Councilmember Fleming had nothing to report at this time .
9
10 Report of Councilmember Marks
11
12 Councilmember 114arks attended a Sister Cities meeting in
13 Columbia Heights . The Sister City of Columbia Heights is
14 Lomianki , Poland . He noted a resident was at the meeting
15 who had travelled to Lomianki and had many interesting
16 comments to make regarding his experiences . Councilmember
17 Marks also gave some information about the recent trip of
18 the St . Anthony Orchestra to Salo , Finland.
19
20 Councilmember Marks stated he felt Mayor Ranallo did an
21 excellent job as Master of Ceremonies at the D.A.R. E.
22 concert .
23
24 Report of Councilmember Enrooth
25
406 On November 25th , Councilmember Enrooth attended a
7 meeting of the Village Fest Committee . The Thoreson ' s
28 resigned as Chairpersons of the Village Fest .
29
30 Alternatives were discussed for leadership but no
31 conclusions were reached . A meeting is scheduled for
32 December 19th where direction of the Vil.lage Fest will be
33 discussed as will the future of this co;ru-nunity
34 celebration .
35
3o Councilmember Enrooth observed that a core group of
37 leaders is necessary for the celebration to continue and
38 a Chairperson is definitely required . He noted tliat the
39 Treasurer gave a report stating that there funds
40 remaining. Mayor Ranallo expressed his hop-e t;:at tl,e
41 Village Fest will continue and grow .
d ?
43 B. Report of the City 14anac;er
44
45 The City Manager reminded the Council of a Council �•.ork
46 session on the first Tuesday in Dece:th-er .
47
48 The City Manager distributed copies of a arc. csa1
49 received from BR?-1, Inc . This illaterial addresSe'= a.
50 program and cost proposal for site planning, Stre,e,L :?Cap4:
51 design and land use Manning for t'ne City of St .
�2 He stated he .,ad selected BRW as consultants as r.)t- `;t or
3 the work can be done, in-house .
54
• 1 REGULAR COUNCIL MEETING
C
� .. VEAiBER 26 , 1 9 9 1
3 PAGE 11
4
5
6 Mayor Ranallo requested the Task Force be called
7 together , with the City Manager presiding, to present
8 this proposal and to get input and feedback from Task
9 Force members .
10
11 The City Manager stated he would present the material
12 (from BRW and inquire if this is what the Task Force had
13 intended so he could explain the "vision" of the Task
14 Force to BRW.
15
16 9 . NEW BUSINESS
17
18 _Appointment to Solid Waste Advisory Committee
19
20 A request had been received from Hennepin County
21 Commissioner Makowske for the City Council to nominate
22 someone to the Solid Waste Advisory Committee .
23 Councilmember Enrooth had been serving on this Committee
24 for some time .
25
0 6 Motion by Marks , second by Fleming to recommend Dick
7 Enrooth to serve on the Hennepin County Solid Waste
28 Advisory Committee .
29
30 Motion carried unanimously
3'
1
32 Councilmember Enrooth stated that presently the Committee
33 is trying to define a basic policy on reimbursements to
34 municipalities in Hennepin County for recycling costs and
35 how to not have that rebating system eliminated . He said
36 that $11 . 00 of the $95 . 00 is used to cover the tipping
37 costs .
38
39 Mayor Ranal to requested that information received. froi;;
40 the Committee meetings be reported back to the City ' s
41 Recycling Conunittee and to the Council . He feels t'ne::e . ._
42 a need to keep the Council informed c,n all n_ these
43 activities .
44
45 10 . UNK ISHED BUSINESS
47 All of the unfinished business was completed earlier in
48 the meeting .
49
50
51 K .. ADJOURNIf ENT
4113 Motion by Marks . second by Enrooth to adjourn the meetini
54 at 9 : 17 p .m. .
� 1 REGULAR COUNCIL MEETING
2 N"D'VEI,.BER 26 , 19 91
3 PAGE 12
4
5
6 Motion carried unanimously
7
8
9
10 Respectfully submitted ,
11
12
13 Jo-Anne Student , Council Secretary
14
15
16
17
18
19 Mayor Clarence Ranallo
20
21
22
23 ATTEST :
24 City Clerk
25
V
28
29
30
31
32
33
34
35
36
37
�8
39
"-_0
41
42
43
44
45
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
DECEMBER 17, 1991
7:30 P.M.
-- - - - CITY COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL
III. APPROVAL OF OCTOBER 15, 1991 PLANNING COMMISSION
MINUTES.
APPROVAL OF NOVEMBER 19, 1991 PLANNING COMMISSION
MINUTES.
IV. PUBLIC HEARINGS - NONE.
V. DISCUSSION OF MORATORIUM STUDY.
VI. DISCUSSION OF PROPOSED HOUSING CODE.
VII. MISCELLANEOUS.
VIII. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 OCTOBER 15, 1991
4 1. CALL TO ORDER
5 The meeting was called to order at 7:30 p.m. by Chairperson Madden who led the
6 Pledge of Allegiance.
7 2. ROLL CALL
8 Present: Faust, Franzese, Gondorchin, Murphy, Werenicz, Brownell and
9 Madden.
10 Staff Present: Management Assistant Urbia
11 3. APPROVAL OF SEPTEMBER 17, 1991 PLANNING COMMISSION MINUTES
12 Motion by Brownell, second by Franzese to approve the minutes of the September
�3 1.7, 1991 Planning Commission meeting with the following corrections:
14 page 2, line 31: change the word "proper" to "existing"
15 page 2, line 36: change the word "proper" to "existing"
16 page 3, line 6: change the word "reside" to "re-side"
17 page 3, line 17: insert between "the" and "project" "bay window to"
18 Motion carried unanimously
19 4. DESIGNATION OF COMMISSION REPRESENTATIVE TO NOVEMBER 12,
20 1991 COUNCIL MEETING
21 Chairperson Madden felt that a Planning Commission representative to the
22 November 12, 1991 Council meeting would not be necessary since there is not a
23 public hearing scheduled.
24 5. PUBLIC HEARING
25 There were no public hearings scheduled.
1 PLANNING COMMISSION •
2 OCTOBER 15, 1991
3 PAGE 2
4 6. REVIEW OF PROPOSED SIGN ORDINANCE.
5 The proposed sign ordinance was reviewed. Planning Commission members provided
6 input to the City Manager. The City Manager will forward Planning Commission
7 input to the City Attorney for the recodification process.
8 7. ADJOURNMENT
9 Motion by Brownell, second by Murphy to adjourn the Planning Commission
10 Meeting at 10:06 P.M.. _
11 Motion carried unanimously
12 Respectfully submitted,
13
14 David Mark Urbia, Management Assistant
1 CITY OF. ST. ANTHONY
•2 PLANNING COMMISSION MEETING MINUTES
3 NOVEMBER 19, 1991
4
5
6 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE
7
8 The meeting was called to order at 7 : 30 p.m. with the Pledge of
9 Allegiance led by Chairman Madden.
10
11 11 . ROLL CALL
12
13 Commissioners present : Chairman Madden and Commissioners
14 Faust, Gondorchin, Murphy, Werenicz,
15 Brownell
16
17 Commissioners absent : Franzese
18
19 Staff present : Management Assistant Dave Urbia
20
21 III . APPROVAL OF MINUTES
22
23 The September 17, 1991 Commission minutes had been approved
24 during their October 15, 1992 meeting . The October 15 and
25 November 19 , 1991 minutes will be considered at the
26 Commission' s next meeting .
27
0 8 IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO DECEMBER 10, 1991
9 COUNCIL MEETING
30
31 Commissioner Faust will represent the Planning Commission at
32 the Council ' s December 10 , 1991 meeting.
33
34 V. PUBLIC HEARINGS
35
36 A. J.C. PENNEY COMPANY REQUEST FOR APACHE PLAZA SIGN VARIANCE
37
38 The Notice of Hearing which had been published in the November
39 6 Bulletin was read aloud by Chairman Madden. No one present
40 reported failure to receive the notice or objected to its
41 content .
42
43 Staff Report
44
45 The Commissioners asked questions related to the staff
46 recommendations in the agenda packet with the first question
47 having to do with who the actual applicant was . Dennis D.
48 Cavanaugh, President of C.G. Rein, Managing Partners of Apache
49 Plaza, indicated J.C. Penney' s was applying for the sign
50 variance to have their store name added to the Apache Plaza
51 Shopping Center pylon along with Herbergers .
Planning Commission Page 2
1 Chairman Madden responded to the Management Assistant ' s
2 contention that Penneys had a unique regional focus requiring •
3 additional visibility at Apache by reporting that Commissioner
4 Franzese had called him that evening requesting he ask Mr .
'S- Urbia whether it wasn' t possible that another major tenant or
6 potential tenant might make the same claim, Commissioner
7 Franzese had suggested the size of the Penneys store might make
8 a better argument .
9
10 Commissioner Werenicz indicated he had a problem with staff
11 recommending the variance be granted based on a hardship, which
12 the Commissioner had interpreted to be primarily caused by bad
13 economic times, a hardship which would not be acceptable under
14 statutory definition. He also wondered why, if the Penneys '
15 store has such poor visibility, its management had not insisted
16 the Penney name be included on the shopping center pylon at the
17 same time Herbergers ' sign was erected in 1987 . The
18 Commissioner added that the minutes for the hearing on the
19 Herbergers variance contained testimony from Mr . Cavanaugh that
20 he saw no problem with Penney' s visibility because the store
21 could be seen by southbound traffic. The Rein Company
22 executive had even written the May 26, 1987 letter included in'
23 the agenda packet, promising not to erect additional tenant
24 signs on the pylon during the term of Herbergers ' lease.
25
26 The public hearing was opened at 7 :39 p.m.
27 •28 Rick Palamateer of the Universal Sign Company showed a colored .
29 rendering of the pylon sign as it would look after the addition
30 of the proposed brown and white J.C. Penney signs above the
31 Herbergers ' signs, which he indicated, would remain the same. - -
32 The sign company representative said the only portion of the
33 Penny signs which would be illuminated would be the white
34 lettering . The distance between the Herbergers ' signs and the
35 reader boards would remain about 12 inches . Inconsistencies
36 between the sketch in the agenda packet, Mr. Palamateer ' s
37 rendering, and the existing signage were pointed out .
38
39 Mr. Cavanaugh showed the interior layout of the stores in the
40 mall in relation to Silver Lake Road and Stinson Boulevard. He
41 said Herbergers had no visibility at all from Silver Lake Road
42 and Penneys could only be seen by southbound traffic . Neither
43 could be seen from Stinson. Mr . Cavanaugh said the Penney
44 store had 57, 000 square feet; Herbergers 53 , 000, and the empty
45 space where Country Club had been was 24 , 000 square feet . The
46 Apache Manager then reported there is a theater company
47 negotiating to use the latter space which would require a
48 marquee for which the City Sign Ordinance makes no provision.
49
50 Mr. Cavanaugh' s explanation of why he was asking for a variance
51 from both his 1987 letter and the Penney' s signage was because
52 "things change. " He said Herbergers reluctance to sign a
1:
Planning Commission Page 3
1 lease without better visibility was the reason the first sign
•2 was added to the pylon in 1987 and now J.C. Penney' s lease is
3 up and the store management believes that because of the market
4 conditions within the general retail community of St . Anthony,
- 5 Rosedale and Columbia Heights they need more exposure along
6 Silver Lake Road .
7
8 Kenneth A. Sundvall, manager of the Apache J.C. Penney store,
9 said he had only been at Apache for a year and a half, although
10 he had been with Penneys for many, many years . It was his
11 contention that anything which dealt with the retail business
12 had to come down to economics in the long run. He told the
13 Commissioners of his lunch that afternoon with Ron Herges, the
14 manager of Herbergers and president of the Apache Merchants
15 Association, who had told him only a previous commitment he
16 could not break, would prevent him from attending the hearing
17 that evening to support the addition of Penney signage to his
18 own store' s identification on the shopping center pylon. Mr.
19 Sundvall said if it had been the other way around, he would
20 have welcomed Herbergers ' signage on the same sign as Penneys
21 because that would give more credibility and drawing power to
22 the center.
23
24 The Penney store manager contended that unless persons passing
25 by on Silver Lake Road had resided in the area for a number of
26 years it could well be that they might not even know there was
407 a Penneys in the shopping center . He said he had been made
8 aware of this by customers who just happened to drop by who
9 said as much to his clerks . Mr . sundvall argued further that
30 almost all neighborhood shopping centers like Hax Mar and
31 Knollwood have the major stores in their centers listed on
32 their center signs . Even larger centers concentrate on major
33 retailers in their center in their advertising because they
34 know they help to draw the traffic to those centers .
35
36 Mr. Sundvall viewed Apache as more of a neighborhood than a
37 regional center . He said demographics indicated the trade area
38 to be relatively compact and to reach farther to the north than
39 the east where the competition is greater . He added that the
40 size of the competing dales also resulted in the shoppers
41 viewing Apache as a neighborhood center . Mr . Sundvall reported
42 the Apache Merchants Association had been reactivated to
43 promote the center with a calendar for 1992 already scheduled
44 to expand on collective efforts of the merchants to draw more
45 customers and get more involved with community activities .
46 Among these were the Special Olympics this summer, the Columbus
47 Day events and a shopping spree night which had to be
48 rescheduled because of the blizzard .
49
50 When Commissioner Werenicz inquired why Apache was never
51 identified in the regional or national J.C. Penney advertising,
52 the store manager told him that was a corporate decision which
•
Planning Commission Page 4
1 neighborhood stores are trying to change. The Commissioner
2 responded by saying he thought concentrating on expanding the •
3 market area by advertising would be much more productive than
4 just putting up a sign at one location. Mr. Sundvall agreed
5 that individualized advertising combined with better training
6 and customer relations was needed with better signage to reach
7 out to new customers .
8
9 Mr . Sundvall couldn' t give any details of the lease extension
10 saying that was being negotiated by Penney' s real estate
11 division. He said Penneys is not planning on expanding its
12 space in the center at this time. When asked how the rest of
13 the center retailers viewed the proposed signage, Mr. Sundvall
14 said the Merchants Association have said they need Penneys to
15 help them build traffic the same as most centers who rely on
16 major stores to draw traffic for the smaller stores . The store
17 manager said one of the concerns of his company and Mr .
18 Cavanaugh himself was the health of Apache Plaza . The
19 Merchants Association is responding to that concern by working
20 with the new leasing agent and suggesting a merchandise mix
21 which is a vital element of any shopping center .
22
23 The public hearing was closed at 8 : 12 p.m. for discussion and
24 recommendation from the Commission.
25
26 Commissioner Brownell stated that he had no problem with having
27 the Penneys sign on the center pylon if its well done. He did •
28 not believe it would be a detriment to the City but perceived
29 it would not only be an asset for Penneys but for the other
30 Apache retailers as well because it would aid in drawing
—3-1----- - tr-a-f-f-ic—into--the--cente_r_.__However, like Commissioner Werenicz,
32 he said he was having a problem with the hardship issue without-- —
33 bringing economics into the consideration. The Commissioner
34 indicated he was having a problem understanding how Penneys
35 which had been in the same location in the center for over
36 thirty years was all of the sudden perceiving an exposure
37 problem. On the other hand, Commissioner Brownell agreed the
38 store' s location made it difficult to work with as far as the
39 ordinance goes because of its distance from a major
40 thoroughfare and its location in the mall .
41
42 Commissioner Faust indicated he perceived everything boiled
43 down to economics in the business sector and wondered how
44 economic restrictions could be applied to something which is
45 inherently based on economics . He contended that the hardship
46 would probably be greater for the community than for the
47 applicant if the center doesn' t succeed. The Commissioner
48 stated that the visibility and vitality of St . Anthony should
49 be his greatest concern and he said he believed Apache to be
50 the cohesive which would hold the vitality together .
51 Commissioner Faust reported reading reports indicating traffic
52 on Silver Lake Road had doubled in the last ten years so he had
Planning Commission Page 5
1 no problem believing there were people who drive by Apache
02 every day who don' t know there is a J.C. Penney store in the
3 center. The Commissioner pointed to the areas north of the
4 center which have experienced the greatest growth, towards
=5 which the sign would be directed . Commissioner Faust said he
6 therefore didn' t see the semantics of hardship as a deterrent
7 to granting this variance.
8
9 Commissioner Werenicz read aloud some of the directions he had
10 received at training sessions for new Planning Commissioners .
11 One of these was that "economic considerations alone shall not
12 constitute undue hardship if reasonable use of the property
13 exists under terms of the ordinance. " Commissioner Faust
14 responded that the center is zoned commercial and, obviously,
15 with its vacancies, is not being utilized to its maximum. He
16 suggested that would perhaps allow some leeway in interpreting
17 the definition. Commissioner Werenicz wondered if the fact
18 that the center is not fully utilized was the fault of the
19 ordinance rather than the marketing or failure to sit down and
20 determine what the best use of the property might be. He was
21 concerned that Carlson Hardware would be next in a succession
22 of other retailers in the center who would claim need for more
23 exposure through signage not to mention the proposed theater or
24 whatever else might go into the vacant grocery store space on
25 the same side of the center. He added that he foresaw that
26 future tenants who might want to consolidate space left vacant
07 by business failures would certainly also be looking for better
8 identification.
29
30 Commissioner Faust said he was very offended by th C.G. Rein
31 letter in the agenda packet which he perceived to be
32 meaningless; without validity, and not able to withstand any
33 type of scrutiny because of the writer ' s inability to predict
34 the future.
35
36 Commissioner Murphy wondered whether the Commission had
37 considered the possibility of the need for additional signage
38 for Apache Plaza should a renaissance of business occur in the
39 center.
40
41 Commissioner Gondorchin indicated he also found it hard to find
42 for granting a variance in terms of economic hardship. He said
43 it would be a lot easier if the Planning Commission were
44 looking at a comprehensive sign plan for Apache Plaza .
45 However, he agreed it was not uncommon for shopping centers to
46 have major anchors listed on the shopping center pylons . The
47 Commissioner said he would also find the application easier to
48 deal with if the request had not been to add 1990 ' s signage to
49 a 1960 ' s style pylon. He was also concerned that the
50 Commission might be setting a precedent for every sizable
51 retailer whose lease is expiring to be coming in with a similar
52 signage request as part of that negotiation.
•
Planning Commission Page 6
1 Chairman- Madden said he perceived that times had changed and
2 the City is now looking at a lower tax base at Apache along
3 with a high rate of vacancies which, in turn, boils down to
4 - economics and the survival of Apache. He was also concerned
5 about establishing a precedent or basing approval on Mr .
6 Cavanaugh' s credibility which he perceived had been badly
7 damaged by reversal of his 1987 letter. The Commission Chair
8 said he perceived a comprehensive sign plan from Apache' s
9 management might be an excellent approach to the City and the
10 Planning Commission.
11
12 Commission Recommendations
13
14 Motion by Brownell, seconded by Faust, to recommend the City
15 Council grant the request for a sign variance from the J.C.
16 Penney Company for two, 5 foot, 9 inch by 20 foot, J.C. Penney
17 signs to be mounted on the existing Apache Plaza Shopping
18 Center freestanding sign located on Silver Lake Road. Said
19 signs are to be located as proposed below the existing Apache
20 Plaza lettering and above the two' Herbergers ' signs of the same
21 size. In recommending approval of the variance, the Planning
22 Commission finds the application meets the three tests
23 established by Minnesota statute and that no one appeared at
24 the hearing or contacted staff before the hearing, to speak
25 against the variance.
26
27 Voting on the motion:
28
29 Aye: Brownell, Faust, Gondorchin, Madden.
30
---- -------
31 Nay Werenicz,—Murphy:----- - - -- ---
32
33 Motion carried.
34
35 Commissioner Murphy commented that he wouldn' t expect anything
36 to be done about a comprehensive sign plan until the next time
37 someone comes asking for further signage. Commissioner
38 Brownell agreed saying he was certain that as soon as a major
39 tenant went into the vacant space on the southwest corner of
40 the mall, the owners would be in for better identification.
41 However, he reminded the other Commissioners, that was not what
42 they had been requested to consider at this time . The
43 Commissioner added that the City is now developing a new Sign
44 Ordinance. He wondered if it might be possible to address
45 regional shopping centers and come up with a comprehensive plan
46 for signage for such a development . He perceived the ordinance
47 could apply, to Apache and any other regional center which falls
48 under the same classification, taking a different approach than
49 in the past .
50
51 Commissioner Werenicz responded by -pointing out that whatever
52 the City does about the pylon -now would be grandfathered in in
53 any event . •
Planning Commission Page 7
1 Commissioner Faust suggested the Commission might want to
recommend that the Council and particularly Councilmember
3 Wagner,. who is working with the Merchants Association and C.G.
4 - Rein,- should sit down with those parties .and try to implement
5 . _ some of the Planning Commission concerns and suggestions into
6 future planning for the center .
7
8 Mr . Cavanaugh was asked about the signage which he was
9 proposing for the theater. He said he had talked to the City
10 Manager about that eventually as well as a comprehensive sign
11 plan for Apache. The center manager admitted such a plan was
12 long overdue and said he would be all for it to avoid future .
13 situations like the one he is in because the only vehicle for
14 getting signage is a variance at this time. He reminded the
15 Commissioners they were all dealing with a 30 year old center
16 and a center sign which is almost as old. In reference to the
17 proposed marquee, Mr. Cavanaugh said he would expect the sign
18 would have to be a modified pylon more like a large monument
19 sign. It would have to be freestanding on Silver Lake Road and
20 large enough to feature titles of movies which could be read
21 from all directions . Since the City Sign Ordinance has no
22 provision for a marquee at this time, marquees would probably
23 have to be addressed in a sign plan for the center, with which,
24 he said he would be willing to cooperate.
25
26 Commission Recommendations
407
8 Motion by Brownell, seconded by Gondorchin, to recommend the
29 Council initiate the development of a comprehensive sign plan
30 with the C.G. Rein Company and the Apache Merchants Association
31 for Apache Plaza .
32
33 During the discussion which preceded the -vote on the motion,
34 Commissioner Werenicz questioned how a sign plan could be
35 developed for a shopping center for which there was no
36 assurance of who the tenants would be. He said he perceived
37 the City had gotten a lot of misdirection from Apache
38 management as to where they wanted to go .
39
40 Commissioner Murphy agreed developing a plan would be very
41 difficult with the current situation, but he perceived it would
42 be better to at least look for some consistencies in sign
43 styles and sizes .
44
45 Commissioner Faust indicated he thought the Commission was only
46 trying to foster some cardinal direction. He said he was
47 certain the Merchants Association who have become more
48 proactive, if they perceived they had more input, would come up
49 with something to help the Commission act on eliminating the
50 hodge podge, hit or miss, planning in existence now. The
51 Commissioner said the City is now being forced to react to
•52 exceptions rather than planning .
Planning Commission Page 8
1 Commissioner Faust added that he perceived Councilmember Wagner •
2 who had also served so astutely on the Planning Comm ission, as
3 serving 'as the "point man" for moving the plan along .
4
5 Chairman Madden said he reviewed the idea of another monument
6 sign on Silver Lake Road as just a bandaid where a whole new
7 program is called for .
8
9 The motion carried without dissent .
10
11 GAS STATION PYLON AND COMPREHENSIVE SIGN. FOR STOP-N-SHOP
12 SUPERETTE AT 3813 STINSON BOULEVARD.
13
14 The notice of the hearing which had been published in the
15 November 6 Bulletin was read aloud by Chairman Madden. No one
16 present reported failure to receive the notice or objected to
17 its content.
18
19 Staff Report
20
21 When Chairman Madden mentioned that these applicants had sat
22 for almost an hour waiting for their hearing, Mr . Urbia agreed
23 that future hearings should be scheduled further apart .
24
25 The Management Assistant then reported the applicants had been
26 cooperative about working with staff to bring their request
27 more closely into conformance with the City Sign Ordinances .
28 He then reviewed the assessment he had made of the proposal in
29 the agenda packet including research on the Amoco signage at
30 the corner of 37th and Silver Lake Road.
31
32 In reference to clearance under the sign there was agreement
33 that even if the City built a walkway past the center, it would
3.4 have to be built within the right-of-way which should not
35 impact on the clearance. During the applicant ' s testimony, the
36 Commission was told the old pole had been removed and
37 landscaping including rock and bushes to prevent anyone walking
38 under the sign, had been completed.
39
40 Commissioner Brownell reported that he had researched all the
41 City ordinances to be certain the proposed signage met all
42 requirements . When he came to the description of a shopping
43 center he found that in 1989 the City had adopted a new
44 definition under which this 7, 700 square foot building could
45 not qualify as a shopping center for which the City Ordinance
46 sets a minimum of 18, 000 square feet . Mr . Urbia indicated he
47 had failed to do the same research before advising the
48 Commission that the sign denoted as Design B in the Plan was
49 allowable.
50
51 Chairman Madden said he perceived there was nothing to put on
52 the monument sign at the present and suggested it could be •
53 excluded from Commission recommendations .
Planning Commission Page 9
1 The Chairman also noted the sign sketches which had been
�2 submitted by the applicants, had not been drawn to scale. He
3 said the letters on the building itself appeared to be two feet
4 high which, as compared to the signage on the St . Anthony
5 Shopping Center, was too high.
6
7 The public hearing was opened at 9 : 09 p.m.
8
9 Bill Vogt, 1847 Johnson Street, and James L. Sarna who had
10 signed the Petition for Sign Variance, were present to speak to
11 that request . Mr. Vogt indicated they had followed the advice
12 given them at the August 20 meeting to scale down the size of
13 the signs for their proposal . He said he has two stores in
14 Northeast Minneapolis with signs considerably larger . The
15 applicant commented that "without getting up in a skyhook" it
16 was impossible to tell just what size the Amoco sign really
17 was . However, he said he thought the Commissioners would be
18 quite surprised at how much sign surface there really is with
19 all the additions which have been made to the sign, piece by
20 piece, including the price, identification, and food signs .
21
22 The applicant said his concern was not how all the signage came
23 about . However , he said he saw more justification for a little
24 strip mall which is hidden which was built in 1989 and failed.
25 As proof of the center ' s lack of visibility, Mr . Vogt said the
26 first time he had drivsiup there he had passed by without even
7 seeing the center at all . The developer reported the 1930/1940
8 style driveways which presented a hazard had, with the consent
29 of the City, been enlarged. The next step is to get some help
30 from the Planning Commission to sign the property properly so
31 the mall can be seen more easily. The only reason for the
32 monument sign would be to let people know what is there. Mr.
33 Vogt indicated they had half the. store space rented and were
34 only concerned the weather would close in on them before they
35 got in the footings for the signs .
36
37 When Mr . Vogt said he intended to use uniform lettering to
38 identify the tenants but the use of logos might depend on who
39 they were. Commissioner Brownell told him each store frontage
40 would be allocated two feet of signage per linear foot they
41 occupy in the center . He said whether they are backlighted and
42 the color should have been indicated on the sign plan. When he
43 asked whether Mr . Vogt intended to put up signage on the north
44 side of the building, the applicant said the signage would be
45 on the facia on the front of the building which would not be
46 continued around the sides .
47
48 . Mr . Vogt told Commissioner Gondorchin his only timetable was
49 getting his footings into the ground before winter set in.
50
51 The public hearing was closed at 9 : 18 p.m. for discussion and
�52 development of a Commission recommendation to the Council .
Planning Commission Page 10
1 Commissioner Werenicz commended the applicants for trying to
2 put together a comprehensive sign plan based on input from the
3 Commissioners related to a shopping center . He apologized for
4 the Commission not checking the square footage of- building for
5 comparison with what the ordinance required for such a center .
6 The Commissioner recalled that a new ordinance had been written
7 at the time the mall on 39th Avenue N.E. , with a Domino ' s Pizza
8 in it, had been built in 1989 before the building they were
9 discussing that evening was erected. Commissioner Werenicz
10 said he perceived the size of that building might have prompted
11 the square footage minimum requirement in that ordinance .
12
13 Commissioner Brownell indicated that ordinance had been modeled
14 after ordinances he had brought in from Apple Valley, Chaska
15 and Roseville. Concerns at that time about having large
16 buildings which were not on contiguous tracks of land or less
17 than four stores in a grouping were also considered for that
18 ordinance.
19
20 The Commissioner reiterated that he had no problem with the
21 sign proposed in Detail B because he perceived the way it is
22 designed and the overall sign plan seemed to fit the site well
23 and should enhance the property. However, there is no other
24 allowance anywhere in the existing ordinance which permits a
25 pylon sign for anything other than a gas station. The sign
26 couldn' t be allowed as a monument sign because, until the new
2i sign ordinance is adopted, that type of signage is only allowed
28 in areas zoned light industrial .
29
30-
31 Chairman Madden told Mr. Vogt that in spite of how sorry the
32 Commission was for not picking up on the problem with the
33 square footage last August, the existing, ordinances prevented
34 them from acting on the comprehensive sign plan at this time.
35 He said even if a new ordinance were written to address the
36 reality of smaller strip malls, it probably could not be
37 adopted before winter sets in.
38
39 Mr . Urbia apologized for not catching the error himself . He
40 assured the applicants that staff would be diligently exploring
41 any options before the Commission recommendations are presented
42 to the Council December 10 .
43
44 Commission Recommendations
45
46 Motion by Brownell , seconded by Murphy to recommend City
47 Council approval of the variance request for the pylon sign
48 allowed by the City Sign Ordinance to a gas station under
49 Section 430 : 40, Subdivision 62, finding that the request meets
50 the three statutory requirements and no appeared to speak
51 against the variance .
52 •53 Motion carried unanimously.
Planning Commission Page 11
Motion by -Madden, seconded by Werenicz to recommend the City
Council address in the new Sign Ordinance shopping centers
3 smaller than 18, 000 square feet which are not addressed in the
4 draft of the ordinance being reviewed at .this time.
5
6 VI . MISCELLANEOUS
7
8 Chairman Madden thanked the other Commissioners for the
9 privilege of serving as their chairman for the last three
10 years . He said he wanted to continue his service on the
11 Commission but perceived it was time to give someone else the
12 opportunity to assume the chairmanship. Commissioner Faust
13 expressed the gratitude of the Commission for the architectural
14 expertise and even-handedness Chairman Madden had brought to
15 the position. It was determined that parliamentary procedure
16 called for the election of a new chairman at the start of the
17 first Commission meeting in January.
18
19 Mr. U rbia said he knew of no planning requests which had to be
20 taken care of in December and promised, if there were none, to
21 let the Commissioners know whether any seats on the Commission
22 needed to filled before January.
23
24 Commissioner Werenicz asked about the ruling in the Perino_,_.
25 litigation saying he thought such information was necessary for
26 making a determination in similar cases in the future.
0 7
8 VII . ADJOURNMENT
29
30 Motion by Werenicz, seconded by Murphy to adjourn the meeting
31 at 10 : 00 p.m.
32
33 Motion carried unanimously.
34
35
36 Respectfully submitted,
37
38
39
40
41 Helen Crowe, Acting Secretary
P
November 19, 1991
B R W INC. Mr. Thomas Burt, City Manager
City-of St. Anthony
3301 Silver Lake Road
St. Anthony,MN 55418
Dear Mr. Burt:
Thank you for asking BRW, Inc., to submit a work program and cost proposal
for site planning, streetscape design and land use planning in your community.
Planning We are pleased to,submit the following proposal based upon our meeting of
Transportation November 12 and our subsequent telephone conversation.
Engineering
Urban Design Services
Thresher Square BRW would provide these services for the costs estimated in the next section.
700 Third Street So.
Minneapolis, A. Kenzie Terrace Commercial-Residential Transition
MN 55415
612/370-0700
1. Base Map: Prepare a base map of the vicinity of Rosie's Cafe to
Fax 612i370-1378 Johnson Meat Company using 1991 aerial photography and a
Minneapolis parcelization map from the City of St. Anthony.
Phoenix
Denver 2. Site Planning: Using drawings and text, recommend site planning
St.Petersburg improvements for these locations-to buffer the nearby single-family
San Diego houses from the businesses: Rosie's Cafe, the Good Luck Cafe, the
Seattle Union 76 Service Station and Johnson Meat Company. It is
understood that the Walgreen's proposal for the Rosie's site has been
Donald IN. Ringrose permanently withdrawn and that Rosie's may be -redeveloped or simply
Richard P Wolsfeld remodeled. We also understand that the Amoco station wishes to
Peter E.Janis 7
Thomas F.Carroll �� acquire Johnson's and expand onto that site.
Craig A. Amundsen
Donald E. Hunt 3. Land Use Planning: Recommend a suitable long-term pattern of land
John B. McNamara use of the area from Rosie's block to Johnson's Meat Company with
Richard D. Pilgrim particular interest on the block on which Rosie's is located.
Dale N. Beckmann
Jeffrey L. Benson
Ralph C. Blum
Gary J. Erickson
John C. Lynch
Paul N. Bav
Mr. Thomas Burt
November 19, 1991
Page 2
4. Street System Design: Recommend physical improvements to the
intersection of Coolidge, 27th Avenue and Kenzie Terrace with the aim
of improving traffic safety and protecting the residential neighborhood.
B. Kenzie 'Terrace Streetscape Design
1. Concept Plans: Prepare two or three alternative concept plans for
landscaping and pedestrian improvements in the public right-of-way
along Kenzie Terrace from St.-Anthony Boulevard to Stinson
Boulevard. The degree of refinement of these designs will be
sufficient to assist a discussion among the Council, Planning
Commission and members of the public about the general treatment of
this streetscape, but will not include specific planting plans, cost
estimates, or construction drawings.
C. Public Review and Refinement
1. Neighborhood Input: Meet in a public forum with members of the
Kenzie Terrace Task Force appointed by the City Council to hear and
-record.their ideas on both the commercial-residential transition design
and the Kenzie Terrace streetscape design.
2. . Review and Refine Recommendations: Hold two more meetings
with the Kenzie Terrace Task Force to review and refine
recommendations for both site planning and streetscape improvements.
3. Planning Commission and City Council: Meet once with the City
Planning Commission and once with the City Council to review the
Z plans that were approved by the Kenzie Terrace Task Force.
4. Final Reports: Submit final reports on Tasks A and B to the City
Manager after the City Council comments are received.
Mr. Thomas Burt
November 19, 1991
Page 3
D. Comprehensive Land Use Planning
1. Review and Recommend Changes: Review the pattern of
development and prepare recommendations for changes to the City .
Land Use Plan and Zoning Map for two portions of the City: south of
29th Avenue and north of 37th Avenue. Submit recommendations in
the form of a citywide map showing recommended changes and text
describing the changes. Discuss the preliminary recommendations.with ..
the City Manager.
2. Review with Planning Commission: Review the comprehensive land
use planning recommendations with the City Planning Commission.
Incorporate their recommendations into a recommendation to the City
Council.
3. Review with the City Council: Review the recommendations as- .
amended by the Planning Commission with the City Council.
4. . Final Report: Submit a final report after,the City Council review"and
comments.
Personnel Assigned
BRW would assign these personnel to the project, resumes for whom are
attached:
• Miles Lindberg, ASLA: Transition Design and Streetscape Design
• Thomas Harrington, ASLA: Transition Design and Streetscape Design
• William Weber, AICP: Land Use Planning
• Jeffery Holstein: Street System Design
Other personnel may be assigned as needed.
Mr. Thomas Burt
November 19, 1991
Page 5
Schedule
We could begin work immediately and estimate that Tasks A, B, C and D
could be completed within four months. .
We thank you again for the opportunity to present this work program and cost 7 .
estimate. If you find it acceptable, your signature below would constitute
formal acceptance of a contract and approval for us to begin work.
Sincerely,
B , INC.
Craig mu sen, AIA, AICP
Princip
Accepted for the City of St. Anthony
i
Thomas D. Burt Date
City Manager
CA/ch
Attachments
rssn
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
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 St. 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
19 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
41 in part as a home or residence, or as an accessory structure thereof, for a single family or
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 2
1 person, and every building used in whole or in part as a home or residence for two or more
2 persons or families living in separate units shall conform to the requirements of this
3 ordinance, irrespective of when such building may have been constructed, altered, or
4 repaired. This ordinance establishes minimum standards for erected dwelling units,
5 accessory structures, and related premises. If a minimum standard in this ordinance is in
6 question, the Minnesota Uniform Building Code, Minnesota State Electrical Code,
7 Metropolitan Wastewater Control Commission shall be referred to and be applicable in the
8 case that a minimal standard in this ordinance is not as stringent/current as the referred to
9 code.
10
11 SECTION 1.
12
13 DEFINITIONS. The following definitions shall apply. in the interpretation and
14 enforcement of this ordinance:
15
16 1. Accessory structure -a structure subordinate to the main or principal dwelling
17 or dwellings and which is not used nor authorized to be used for living or
18 sleeping by human occupants and which is located on or partially on. the
19 premises.
20
21 2. Building- - any structure erected for the support, shelter, or enclosure of
22 persons, animals, chattels, or movable property of any kind.
23
24 3. Compliance Official - the City Manager and his/her designated agents
25 authorized to administer and enforce this ordinance.
26
27 4. 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 5. 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 6. Family - any of the following definitions shall apply:
38
39 - A person or persons related by blood, marriage, or adoption, together with
40 his/her or their domestic servants or gratuitous guests, maintaining a common
41 household in a dwelling unit;
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
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 his/her or their domestic servants or gratuitous guests, all
4 maintaining a common household in a dwelling unit approved and certified by
5 the 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 7. Flush water closet a toilet, with a bowl and trap made in one piece, which
11 is connected to the City water and sewer system or other approved water
12 supply and sewer system.
13
14 8. Garbage - putrescible animal and vegetable wastes resulting from the
15 handling, preparation, cooking, or consumption of food.
16
17 9. Habitable building - any building or part thereof that meets minimum
18 standards for use as a home or place of abode by one or more persons.
19
20 10. Habitable room - a room or enclosed floor space used or intended to be used
21 for living, sleeping, cooking, or eating purposes, excluding bathrooms, water
22 closet compartments, laundries, furnace rooms, unfinished basements, (those
23 without required ventilation, required electric outlets and required exit
24 facilities), pantries, utility rooms of less than 50 square feet of floor space,
25 foyers, communicating corridors, stairways, closets, storage spaces, and
26 workshops, hobby and recreation areas in parts of the structure below ground
27 level or in attics.
28
29 11. Heated water - water heated to a temperature of not less than 120 degrees
30 Fahrenheit, or such lesser temperature required by government authority,
31 measured at faucet outlet.
32
33 12. Kitchen - a space which-contains a sink with counter working space, adequate
34 space for installing cooking and refrigeration equipment, and adequate space
35 for the storage of cooking utensils.
36
37 13. Multiple family dwelling - a dwelling or portion thereof containing three or
38 more dwelling units.
39
40 14. Occupant - any person (including owner or operator) living, sleeping, cooking
41 and eating in a dwelling unit or living and sleeping in a rooming unit.
i
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 4
1 15. Operator - the owner or his/her agent who has charge, care, control, or
2 management of a building, or part thereof, in which dwelling units or rooming
3 units are let.
4
5 16. Owner - any person, firm or corporation who, alone,jointly, or severally with
6 others, shall be in actual possession of, or have charge, care or control of, any
7 dwelling, dwelling unit, or rooming unit within the City as owner, employee or
8 agent of the owner, or as trustee or guardian or the estate or person of the
9 title holder. Any such person representing the actual owner shall be bound
10 to comply with the provisions of this ordinance to the same extent as the
11 owner.
12
13 17. Permissible occupancy - the maximum number of persons permitted to reside
14 in a dwelling unit or rooming unit.
15
16 18. Person - an individual, firm, partnership, association, corporation or joint
17 venture or organization of any kind.
18
19 19. Plumbing - all of the following supplied facilities and equipment in a dwelling:
20 gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal
21 units, waste pipes, water closets, sinks, installed dishwashers, lavatories,
22 bathtubs, shower baths, installed clothes washing machines, catch basins,
23 drains, vents, and any other similar fixtures and the installation thereof,
24 together with all connections to water, sewer and gas lines.
25
.26 20. Premises - a platted lot or part thereof or unplatted parcel of land, either
27 occupied or unoccupied by any dwelling or nondwelling structure, including
28 such building, accessory structure or other structure thereon.
29
30 21. Public hall - a hall, corridor or passageway for providing egress from a
31 dwelling unit to a public way and not within the exclusive control of one
32 family.
33
34 22. Recyclables - Materials which may be recycled or reused through recycling
35 processes, including metal beverage containers,glass, newsprint, plastic bottles
36 with necks, corrugated cardboard, magazines, catalogs, phone books and any
37 other materials designated as iecyclables by Council resolution.
38
39 23. Refuse - all putrescible and nonputrescible waste solids including garbage and
40 rubbish.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 5
1 24. Rental dwelling or dwelling unit - a dwelling or dwelling unit let for rent or
2 lease.
3
4 25. Repair - to restore to a sound and acceptable state of operation, serviceability _
5 or appearance.
6
7 26. Rodent harborage - any place where rodents can live, nest, or seek shelter.
8
9 27. Rooming unit - any room or group of rooms forming a single habitable unit
10 used or intended to be used for living and sleeping, but not for cooking and
11 eating purposes.
12
13 28. Rubbish nonputrescible solid wastes consisting of both combustible and
14 noncombustible wastes, such as non-recyclable glass, crockery, cans, paper,
15 boxes, rags and similar non-putrescible materials. Some materials may be
16 recycled or must be disposed of in a separate or different manner.
17
18 29. Safe - the condition of being reasonably free from danger and hazards which
19 may cause accidents or disease.
20
21 30. Substandard dwelling - any dwelling which does not conform to the minimum
22 standards established by City Ordinance.
23
24 31. Supplied - paid for, furnished by, provided by or under the control of the
25 owner, operator, or agent of'a dwelling.
26
27 32. Meaning of certain words - whenever the words "dwelling", "dwelling unit",
28 "premises", or "structure" are used in this ordinance, they shall be construed
29 as though they were followed by the words "or any part thereof'.
30
31 33. Undefined Words - Words not specifically defined in this ordinance shall have
32 the common definition set forth in a standard dictionary.
33
34 SECTION 2.
35
36 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person
37 shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it
38 and the premises are clean,sanitary, fit for human occupancy, and comply with all applicable
39 legal requirements of the State of Minnesota and the City of St. Anthony, including the
40 following requirements:
41
I
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 6
1 MAINTENANCE OF SHARED OR PUBLIC AREAS. Every owner of a dwelling
2 containing two or more dwelling units shall maintain in a clean and sanitary condition the
3 shared or public areas of the dwelling and premises thereof.
4
5 MAINTENANCE OF OCCUPIED AREAS. Every occupant of a dwelling, dwelling unit
6 or rooming unit shall maintain in a clean and sanitary condition that part or those parts of
7 the dwelling, dwelling unit and premises thereof that he/she occupies and controls.
8
9 STORAGE AND DISPOSAL OF RUBBISH AND RECYCLABLES. Every occupant
10 of a dwelling, dwelling unit or rooming unit shall store and dispose/recycle of all his/her
11 rubbish and recyclables in a clean, sanitary, and safe manner as prescribed by Chapter###
12 of the City Ordinances.
13
14 STORAGE AND DISPOSAL OF GARBAGE. Every occupant of a dwelling, dwelling unit
15 or rooming unit shall store and dispose of all his/her garbage and any other organic waste
16 which might provide food for insects and/or rodents in a clean, sanitary, and safe manner
17 as prescribed by Chapter ### of the City Ordinances.
18
19 RESPONSIBILITY FOR STORAGE AND DISPOSAL OF GARBAGE AND
20 RUBBISH/RECYCLABLES. Every owner of a multiple family dwelling shall supply
21 facilities for the sanitary and safe storage and/or disposal of garbage and rubbish/recyclables.
22 In the case of single or two-family dwellings, it shall be the responsibility of the occupant to
23 furnish such facilities.
24
25 RESPONSIBILITY FOR STORM AND SCREEN DOORS AND WINDOWS. T h e
26 owner of a rental dwelling unit shall be responsible for providing and hanging all screens and
27 storm doors and storm windows whenever the same are required under the provisions of this
28 ordinance.
29
30 RESPONSIBILITY FOR PEST EXTERMINATION. Every occupant of a dwelling
31 containing a single dwelling unit shall be responsible for the extermination of vermin
32 infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling
33 containing more than one dwelling unit shall be responsible for such extermination whenever
34 his/her dwelling unit is the only one infested. Notwithstanding, however, whenever
35 infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof or
36 vermin-proof condition, extermination shall be the responsibility of the owner. Whenever
37 infestation exists in two or more of the dwelling units in any dwelling, or in the shared or
38 public parts of any dwelling containing two or more dwelling units, extermination shall be
39 the responsibility or the owner.
40
41 RODENT HARBORAGES PROHIBITED IN OCCUPIED AREAS. No occupant of
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 7
1 a dwelling or dwelling unit shall accumulate boxes, lumber, scrap metal, or any other similar
2 materials in such a manner that may provide a rodent harborage in or about any dwelling
3 or dwelling unit. Stored materials shall be stacked neatly in piles.
4
5 RODENT HARBORAGES PROHIBITED IN PUBLIC AREAS. No owner of a dwelling
6 containing two or more dwelling units shall accumulate or permit the accumulation of boxes,
7 lumber, scrap metal, or any other similar materials in such a manner that may provide a
8 rodent harborage in or about shared or public areas of a dwelling or its premises. Materials
9 stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles.
10
11 PREVENTION OF FOOD FOR RODENTS. No owner or occupant of a dwelling or
12 dwelling unit shall store, place, or allow to accumulate any materials that may serve as food
13 for rodents in a site accessible to rodents.
14
15 SANITARY MAINTENANCE OF FIXTURES AND FACILITIES. Every occupant
16 of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary
17 condition and shall be responsible for the exercise of reasonable care in the proper use and
18 operation thereof.
19
20 MINIMUM HEATING CAPABILITY AND MAINTENANCE. In every dwelling unit
21 or rooming unit when the control of the supplied heat is the responsibility of a person other
22 than the occupant, the supply must be zoned controlled and at a temperature of at least 68
23 degrees Fahrenheit, or such lesser temperature required by government authority, shall be
24 maintained at a distance of three feet above the floor and three feet from exterior walls in
25 all habitable rooms, bathrooms, and water closet compartments from September through
26 May.
27
28 REMOVAL OF SNOW AND ICE. The owner of a multiple family dwelling. or
29 dwellings shall be responsible for the removal of snow and ice from parking lots, driveways,
30 steps and walkways on the premises. Individual snowfalls of three inches or more, or
31 successive snowfalls accumulating to a depth of three inches, shall be removed from parking
32 lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of
33 one inch or more, or successive snowfalls accumulating to a depth of'one inch, shall be
34 removed from steps and walkways within eight hours after cessation of the snowfall.
35
36 MINIMUM EXTERIOR LIGHTING. The owner of a multiple family dwelling or
37 dwellings shall be responsible for providing and maintaining effective illumination in all
38 exterior parking lots and walkways.
39
40 MAINTENANCE OF DRIVING AND PARKING AREAS. The owner of a multiple family
41 dwelling or dwellings shall be- responsible for providing and maintaining in good condition
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 8
1 paved and delineated parking areas and driveways for tenants consistent with Chapter ###
2 of the City Ordinances.
3
4 MAINTENANCE OF YARDS. The owner of a multiple family dwelling or dwellings shall
5 be responsible for providing and maintaining premises' yards consistent with Section
6 #####.
7
8 SECTION 3.
9
10 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. N o
11 person shall occupy as owner, occupant, or let to another for occupancy any dwelling or
12 dwelling unit, for the purposes of living, sleeping, cooking and eating therein, which does not
13 comply with the following requirements:
14
15 KITCHEN FACILITIES. Every dwelling unit shall have a room or portion of a room in
16 which food may be prepared and/or cooked and which shall have adequate circulation area,
17 and which shall be equipped with the following:
18
19 1. A kitchen sink in good working condition and properly connected to an
20 approved water supply system and which provides at all times an adequate
21 amount of heated and unheated running water under pressure, and which is
22 connected to an approved sewer system.
23
24 2. Cabinets and/or shelves for the storage of eating, drinking, and cooking
25 equipments and utensils and of food that does not require refrigeration for
26 safekeeping; and a counter or table for food preparation. Said cabinets
27 and/or shelves and counter or table shall be adequate for the permissible
28 occupancy of the dwelling unit and shall be of sound construction furnished
29 with surfaces that are easily cleanable and that will not impart any toxic or
30 deleterious effect to food.
31
32 . 3. A stove or similar device for cooking food, and a refrigerator or similar device
33 for the safe storage of food, which are properly installed with all necessary
34 connections for safe, sanitary and, efficient.operation. Provided that such
35 stove, refrigerator, or similar devices need not be installed when a dwelling
36 unit is not occupied and when the occupant is expected to provide same on
37 occupancy, in which case sufficient space and adequate connections for the
38 installation and operation of said stove, refrigerator or similar device must be
39 provided.
40
41 TOILET FACILITIES. Within every dwelling unit there shall be a nonhabitable room
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 9
1 which is equipped with a flush water closet in good working condition. In a rental dwelling
2 unit, such room shall have an entrance door which affords privacy. Said flush water closet
3 shall be equipped with easily cleanable surfaces, shall be connected to an approved water
4 system that at all times provides an adequate amount of running water under pressure to
5 cause the water closet to be operated properly, and shall be connected to an approved sewer
6 system.
7
8 LAVATORY SINK. Within every dwelling unit there shall be a lavatory sink. Said
9 lavatory sink may be in the same room as the flush water closet, or if located in another
10 room, the lavatory sink shall be located in close proximity to the door leading directly into
11 the room in which said water closet is connected to an approved.water supply system and
12 shall provide at all times an adequate amount of heated and unheated running water under
13 pressure, and shall be connected to an approved sewer system.
14
15 BATHTUB OR SHOWER. Within every dwelling unit there shall be a nonhabitable
16 room which is equipped with a bathtub or shower in good working condition. In a rental
17 dwelling unit, such room shall have an entrance door which affords privacy. Said bathtub
18 or shower may be in the same room as the flush water closet, or in another room, and shall
19 be properly connected to an approved water supply system and shall provide at all times an
20 adequate amount of heated and unheated water under pressure, and shall be connected to
21 an approved sewer system.
22
23 STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of
24 a dwelling and every porch or balcony, shall be kept in safe condition and sound repair.
25 Every flight of stairs and every porch and balcony floor shall be free of deterioration. Every
26 stairwell and every flight of stairs which is more than four risers high shall have handrails
27 approximately 30 inches high, measured vertically from the nose of the stair tread to the top
28 of the handrail. Every porch which is more than four risers high and every balcony shall
29 _have handrails approximately 30 inches above the floor of the porch or balcony. Every
30 handrail and balustrade shall be firmly fastened and maintained in good condition. No flight
31 of stairs shall have settled out of its intended position or have pulled away from the
32 - supporting or adjacent structures enough to cause a hazard. No flight of stairs shall have
33 rotting, loose, or deteriorating supports. Excepting spiral and winding stairways, the treads
34 and risers of every flight of stairs shall be uniform in width and height. Stairways shall be
35 capable of supporting a live load of 100 pounds per square foot of horizontal projection.
36
37 ACCESS TO DWELLING UNIT. Access to or egress from each dwelling unit shall
38 be provided without passing through any other dwelling unit.
39
40 DOOR LOCKS AND SECURITY. No owner shall occupy nor let to another for
41 occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 10
1 unit are equipped with safe, functioning locking devices. Multiple family dwellings shall be
2 furnished with door locks as follows:
3
4 (a) Multiple Family Dwelling Security Systems. For the purpose of providing a
5 reasonable amount of safety and general welfare for persons occupying
6 multiple family dwellings, an approved security system shall be maintained for
7 each multiple family building to control access. The security system shall
8 consist of locked building entrance or foyer doors, and locked doors leading
9 from hallways into individual dwelling units. Dead-latch type door locks shall
10 be provided with lever knobs (or door knobs) on the inside of building
11 entrance doors and with key cylinders on the outside of building entrance
12 doors. Building entrance door latches shall be of a type that are permanently
13 locked from the outside and permanently unlocked from the inside.
14
15 (b) Dwelling Unit Door Locks. Every door that is designed to provide ingress or
16 egress for a dwelling unit within a multiple family building shall be equipped
17 with an approved lock that has a dead-locking bolt that cannot be retracted
18 by end pressure, however, that such door shall be openable from the inside
19 without the use of a key or any special knowledge or effect.
20
21 SUMP PUMP WELLS. At the point of sale of a dwelling unit, sump pumps must be
22 inspected to ensure that they are not connected-in any manner to the sanitary sewer system.
23 If the Compliance Officer determines the sump pump is connected to the sanitary sewer
24 system, the situation must be corrected before the dwelling unit is considered in compliance
25 to be sold.
26
27 MULTIPLE DWELLING OUTDOOR WATER SERVICE METERING. Each multiple
28 dwelling shall have a meter measuring the amount of water used for such outdoor activities
29 as lawn maintenance, gardening, parking lot cleaning.
30
31 MINIMUM STANDARDS FOR LIGHT AND VENTILATION. . No person shall occupy
32 as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the
33 purpose of living therein, which does not comply with the following requirements:
34
35 HABITABLE ROOM VENTILATION. Except where there is supplied some other device
36 affording adequate ventilation and approved by the Compliance Official, every habitable
37 room shall have at least one window facing directly outdoors which can be opened easily.
38 The minimum total of openable window area in every habitable room shall be in compliance
39 with minimum standards in the Minnesota Uniform Building Code.
40
41 NONHABITABLE ROOM VENTILATION. Every bathroom and water closet
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 11
1 compartment, and every laundry and utility room shall contain at least 50% of the ventilation
2 requirement for habitable rooms contained in Section #####,except that no windows shall
3 be required if such rooms are equipped with a ventilation system which is approved by the
4 Compliance Official.
5
6 ELECTRIC SERVICE, OUTLETS AND FIXTURES. Every dwelling unit and all
7 public and common areas shall be supplied with electric service, functioning over current
8 protection devices, electric outlets, and electric fixtures which are properly installed, which
9 shall be maintained in good and safe working conditions, and shall be connected to a source
10 of electric power in a manner prescribed by the ordinances, rules and regulations of the City
11 of St. Anthony and by the laws of the State of Minnesota. The minimum capacity of such
12 electric service and the minimum number of electric outlets and fixtures shall comply with
13 the current Minnesota State Electrical Codes.
14
15 MINIMAL THERMAL STANDARDS. No person shall occupy as owner, occupant or let
16 to another for occupancy any dwelling or dwelling unit for the purpose of living therein,
17 which does not have heating facilities which are properly installed, and which are maintained
18 in safe and good working condition, and which are capable of safely and adequately heating
19 all habitable rooms,bathroom, and water closet compartments in every dwelling unit located
20 therein to a temperature of at least 68 degrees Fahrenheit at a distance of three feet above
21 floor level and three feet from exterior walls at an outside temperature of -25 degrees
22 Fahrenheit. Gas or electric appliance designed primarily for cooking or water heating
23 purposes shall not be considered as heating facilities within the meaning of this section.
24 Portable heating equipment employing flame and the use of liquid fuel does not meet the
25 requirements of this section and is prohibited. No owner or occupant shall install, operate
26 or use a space heater employing a flame that is not vented outside the structure in an
27 approved manner.
28
29
30 GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to
31 another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which
32 does not comply with the following requirements:
33
34 FOUNDATIONS, EXTERIOR WALLS AND ROOFS. The foundation,exterior walls
35 and exterior roof shall be substantially water tight and protected against vermin and rodents
36 and shall be kept in sound condition and repair. The foundation element shall adequately
37 support the building at all points. Every exterior wall shall be free of deterioration, holes,
38 breaks, loose or rotting boards or timbers, and any other condition which might admit rain
39 or dampness to the interior portion of the walls or to the exterior spaces of the dwelling.
40. The roof shall be tight and have no defects which admits rain, and roof drainage shall be
41 adequate to prevent rain water from causing dampness in the walls. All exterior wood
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 12
1 surfaces, other than decay resistant woods, shall be protected from the elements and decay
2 by paint or other protective covering or treatment. If 25% or more of the exterior surface
3 is unpainted or determined by the Compliance Official to be paint blistered, the surface shall
4 be painted. If 25% or more of the exterior surface of the pointing of any brick, block or
5 stone wall is loose or has fallen out, the surface shall be repaired.
6
7 WINDOWS, DOORS AND SCREENS. Every window, exterior door, and hatchway shall
8 be substantially tight and shall be kept in sound condition and repair. Every window, other
9 than a fixed window or storm window, shall be capable of being easily opened. Every
10 window, door and frame shall be constructed and maintained in such relation to the adjacent
11 wall construction as to completely exclude rain, wind, vermin and rodents from entering the
12 building. Every openable window or other device required by Section #### shall be
13 supplied with 16 mesh screens during the insect season.
14
15 FLOORS, INTERIOR WALLS AND CEILINGS. Every floor,interior wall,and ceiling
16 shall be adequately protected against the passage and harborage of vermin and rodents, and
17 shall be kept in sound condition and good repair. Every floor shall be free of loose, warped,
18 protruding or rotted flooring materials. Every interior wall and ceiling shall be free of holes
19 and large cracks and loose plaster and shall be maintained in a tight, weatherproof
20 condition. Toxic paint and materials with a lasting toxic effect shall not be used. Every
21 toilet room and bathroom floor shall be capable of being easily maintained in a clean and
22 sanitary condition.
23
24 RODENT PROOF. Every dwelling and accessory structure and the premises upon which
25 located shall be maintained in a rodent-free and rodent-proof condition. All openings in the
26 exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2"
27 diameter or large opening shall be rodent-proofed in an approved manner. Interior floors
28 or basements, cellars and other areas in contact with the soil shall be paved with concrete
29 or other rodent impervious material.
30
31 FENCE MAINTENANCE. All fences supplied by the owner or agent on the premises
32 and all fences erected or caused to be erected by an occupant on the premises shall consist
33 of metal, wood, masonry, or other decay resistant material. Fences shall be maintained in
34 good condition both in appearance and in structure. Wood material, other than decay
35 resistant varieties, shall be protected against decay by use of paint or other preservatives..
36 All exterior wood surfaces, other than decay resistant woods, shall be protected from the
37 elements and decay by paint or other protective covering or treatment. If 25% or more of
38 the exterior surface is unpainted or determined by the Compliance Official to be paint
39 blistered, the surface shall be painted. If 25% or more of the exterior surface of the
40 pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be
41 repaired. Fences, when constructed to enclose any lot or tract of land shall be located in
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 13
1 such a way that the entire fence shall be on the property of the builder thereof. Posts and
2 framework shall be placed within the property lines of the owner and the actual fencing
3 material such as wire, lumber, pickets, etc. shall be placed on the side of the fence which
4 faces the street or the adjacent property.
5
6 ACCESSORY STRUCTURE MAINTENANCE. Accessory structures supplied by the
7 owner, agent or tenant occupant on the premises of a dwelling shall be structurally sound,
8 and be maintained in good repair and appearance. The exterior of such structures shall be
9 made weather resistant through the use of decay-resistant materials such as paint or other
10 preservatives. All exterior wood surfaces, other than decay resistant woods, shall be
11 protected from the elements and decay by paint or other protective covering or treatment.
12 If 25% or more of the exterior surface is unpainted or determined by the Compliance
13 Official to be paint blistered, the surface shall be painted. If 25% or more of the exterior
14 surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface
15 shall be repaired.
16
17 SAFE BUILDING ELEMENTS. Every foundation, roof, floor, exterior and interior wall,
18 ceilings, inside and outside stair, every porch and balcony, and every appurtenance thereto,
19 shall be safe to use and capable of supporting loads that normal use may cause to be placed
20 thereon.
21
22 FACILITIES TO FUNCTION. Every supplied facility, .piece of equipment or utility
23 required under City Ordinances and every chimney and flue shall be installed and
24 maintained and shall function effectively in a safe, sound and working condition.
25
26 GRADING AND DRAINAGE. During the period May through October every yard,court,
27 passageway, and other portions in the premises on which a dwelling stands shall be graded
28 and drained so as to be free of standing water that constitutes a detriment to health and
29 safety.
30
31 UNIT BELOW GRADE. . No space located more than four feet below grade shall be used
32 as a habitable room of a dwelling unless approved-by the Compliance Official. Approval
33 shall be•based on compliance with the minimum standards of this Code for habitable rooms.
34
35 YARD COVER. Every yard of a premises on which a dwelling stands shall be provided
36 with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related
37 decorative materials and such yard shall be maintained consistent with prevailing community
38 standards.
39
40 DISCONTINUANCE OF SERVICE OR FACILITIES. No owner, operator, or
41 occupant shall cause any service, facility, equipment or utility which is required under this
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 14
1 ordinance, to be removed from or shut off from or discontinued for any occupied dwelling
2 or dwelling unit let or occupied by him/her, except for such temporary interruptions as may
3 be necessary while actual repairs or alterations are in process, or during temporary
4 emergencies.
5
6
7
8 SECTION 4.
9
10 MAXIMUM DENSITY. MINIMUM SPACE, USE AND LOCATION
11 REQUIREMENTS. No person shall occupy nor permit or let to be occupied any
12 dwelling or dwelling unit for the purpose of living therein, which does not comply with the
13 following requirements:
14
15 PERMISSIBLE OCCUPANCY OF DWELLING UNIT. With the exception of owners
16 occupying a respective dwelling unit prior to 1940, the maximum permissible occupancy of
17 any dwelling unit shall be determined by reference to the current Minnesota Uniform
18 Building Codes.
19
20 ONE FAMILY PER DWELLING UNIT. Not more than one family, except for
21 temporary guests, shall occupy a dwelling unit.
22
23 MINIMUM CEILING HEIGHT. In order to qualify as habitable, rooms shall have a clear
24 ceiling height of not less than seven feet, six inches, except that in attics or top-half stories
25 used for sleeping, study, or similar activities, the ceiling height shall be not less than seven
26 feet six inches over at least one-half of the floor area. In calculating the floor area of such
27 rooms in attics or top-half stories, only those portions of the floor area of the room having
28 a clear ceiling height of five feet or more may be included. Open beam ceilings shall have
29 a clear ceiling height of seven feet.
30
31 ACCESS THROUGH SLEEPING ROOMS AND BATHROOMS. No dwelling unit build
32 after 1940 and, containing two or more sleeping rooms shall have a room arrangement such
33 that access to 'a bathroom or water closet compartment intended for use by occupants of
34 more than one sleeping room can be gained only by going through another sleeping room,
35 nor shall the room arrangement be such that access to a sleeping room can be gained only
.36 be going though another sleeping room. A bathroom or water closet compartment shall not
37 be used as the only passageway to any habitable room, hall, basement or cellar or to the
38 exterior of any dwelling unit.
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 15
1 CERTIFICATE OF HOUSING MAINTENANCE COMPLIANCE FOR
2 SINGLE AND TWO-FAMILY HOMES
3
4 CERTIFICATE REQUIRED.
5
6 1. No single or two family structure or dwelling unit which is a part of a multiple
7 dwelling located within the City may be voluntarily conveyed for consideration by deed or
8 contract for deed after month, date year, unless the person relinquishing ownership or
9 Certificate of Housing Maintenance compliance.
10
11 2. This subsection shall not apply to any apartment house or rental home licensed
12 under subsection xxx.xx of this code, and shall have no effect upon the provisions of law or
13 other ordinances related to the issuance of building permits.
14
15 APPLICATION AND INSPECTION.
16
17 1. Application for the Certificate of Housing Maintenance Compliance shall be
18 executed upon forms provided by the City and accompanied by the initial fee established in .
19 Appendix X of this code.
20
21 2. Upon receipt of a properly executed application, the City Manager or his/her
22 designee shall cause an inspection to be made of the premises to ensure the structure is in
23 compliance with applicable provisions of subsection xxxx through xxxx of this code (the
24 housing maintenance code).
25
.26 ISSUANCE OF CERTIFICATE. If the structure is in compliance with the requirements
27 of the housing maintenance code, a certificate shall be issued to the person relinquishing
28 ownership or the agent thereof, stating that the structure has been inspected and is in
29 compliance with the housing maintenance code. During the period of one year following its
30 issuance, a certificate may be accepted by the City in satisfaction of the requirements of this
31 subsection without the need for a second inspection.
32
33 OCCUPANCY PROHIBITED. The person-relinquishing ownership or their designated
34 agent shall obtain the certificate from the City prior to transfer of ownership. The
35 prospective owner shall not occupy the structure prior to issuance of the certificate, except
36 pursuant to subdivision (the next section).
37
38 OCCUPANCY. A person may be granted permission to occupy a dwelling prior to
39 issuance of the certificate upon the approval of the City Manager. The approval shall be
40 based upon undue hardship or other extraordinary or exceptional circumstances, provided
41 that no such occupancy constitutes an immediate hazard. Approval shall not be given until
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 16
1 the prospective owner or designated agent has filed on forms supplied by the City, a
2 statement of intent to comply with the housing maintenance code. Compliance dates in the
3 statement of intent to comply shall be established by the City Manager. Failure to make the
4 required corrections by the compliance dates shall constitute a violation of this code and
5 shall render void any approval given pursuant to this section.
6
7 ADDITIONAL INSPECTIONS. If following the issuance of a certificate, the City finds by
8 complaint or otherwise that the structure may be maintained in a substandard manner, a
9 new inspection will be required in order to satisfy the requirements of this section.
10
11 NO WARRANTY BY CITY. By enacting and undertaking to enforce this subsection,
12 neither the City nor its council, agents or employers warrant or guarantee the safety, fitness
13 or suitability of any dwelling in the City, and any representation to the contrary by any
14 person is a misdemeanor. Purchasers or occupants should take whatever steps they deem
15 appropriate to protect their interests, health, safety and welfare prior to purchase or
16 occupancy of the dwelling,without reliance on this certificate. A warning in substantially the
17 foregoing language shall be printed on the face of the certificate.
18
19 REMEDIES. Any person who violates the provisions of this section, or who makes
20 a knowingly false statement in the application, is guilty of a misdemeanor. In addition, the
21 City may enforce the provisions of this section in any court of competent jurisdiction in law
22 or equity.
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 17
1 INSPECTION AND LICENSING OF
2 APARTMENT HOUSE AND RENTAL HOMES
3
4 PURPOSE. It is the purpose of this ordinance to protect the health, safety and welfare of
5 citizens of the City who have as their place of abode a living unit in a multiple dwelling.
6
7 INTENTION. It is the intention of this ordinance that a mode of protecting and
8 regulating the living conditions of citizens residing in multiple dwellings in the City be
9 established, and that uniform standards be established for all multiple dwellings in the City.
10
11 LICENSE REQUIRED. No person, partnership, corporation or other group or entity
12 shall own or operate a multiple dwelling in the City without the owner of the multiple
13 dwelling first having obtained a license in accordance with this ordinance.
14
15 APPLICATION FOR LICENSES. Applications for licenses shall be made in writing
16 to the Clerk by the owner of the multiple dwelling on forms provided by the City. The
17 purchaser of a multiple dwelling may apply as the 'owner'; provided, however, that any
18 license issued pursuant to an application by a purchaser shall be contingent upon closing the
19 purchase and upon the applicant becoming the owner. Applications shall include, but not
20 be limited to, the following information with respect to the multiple dwelling:
21
22 Name and address of owner.
23
24 Name and address of a person residing or having a business office in Hennepin or
25 Ramsey County, Minnesota and appointed by the owner as an agent for purposes of
26 notices under this ordinance and for service of process upon the owner.
27
28 Name and address of any managing operator or agent.
29
30 Name and address of all partners if the applicant is a partnership.
31
32 Name and address of all officers and members of the board of directors if the
33 applicant is a corporation.
34
35 Name and address of the contract for deed vendor if the multiple dwelling is owned
36 under a contract for deed.
37
38 Legal address of the multiple dwelling.
39
40 Number and kind of units.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991.
Page Number 18
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 xxxx 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 a
13 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
19 the ordinance.
20
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
31 issued by the City Clerk in a frame with a glass covering in a conspicuous location in a
32 public 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,
35 maintain. a current register of tenants and other persons who have a lawful right to
36 occupancy of apartments within the apartment house. In its application, the licensee shall
37 designate the person or persons who will have possession of the register; and shall promptly
38 notify the City Manager of any change of the identity, address or telephone numbers of such
39 persons. The register shall be available for inspection by the City Manager, or his/her
40 designate, at all times.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November 10, 1991
Page Number 19
1 INSPECTIONS.
2
3 The City Manager and his/her delegated inspectors are hereby authorized to make
4 inspections reasonably necessary to the enforcement of this ordinance, but at least _
5 annually.
6
7 All police officers, sanitarians,. or health officers of the City may inspect a multiple
8 dwelling when requested by the City Manager.
9
10 All persons authorized to inspect shall have the authority to enter, at reasonable
11 times, any multiple dwelling licensed pursuant to this ordinance.
12 '
13 Persons inspecting a multiple dwelling shall notify the licensee of all violations, if any,
14 by written notice. The notice shall direct compliance in not less than 15 days, unless
15 extended by the City Manager for good cause.
16
17 REVOCATION OR SUSPENSION.
18
19 Every license issued under this ordinance is subject to the right, which is hereby expressly
20 reserved, to suspend or revoke the same should the licensee or the licensee's agents,
21 employees, representatives or lessees directly or'indirectly operate or maintain a multiple
22 dwelling contrary to the provisions of state or federal law, this or any other ordinance of the
23 City, or any permit issued by the City.
24
25 A license may be suspended or revoked by the Council after written notice to the licensee
26 specifying the violations. The notice shall also specify the date for a hearing before the
27 Council, which shall not be less than 10 days after the date of the notice.
28
29 At the hearing, the licensee may present any evidence relevant to the violations specified in
30 the notice.
31
32 After a hearing, the Council may suspend or revoke the license if deemed necessary to
33 protect the public health, safety or welfare.
34
35 SUMMARY ACTION.
36
37 When the conduct of a licensee or the licensee's agent, representative, employee of lessee,
38 or the condition of the licensed multiple dwelling, constitutes a nuisance, fire or health
39 hazard, unsafe or dangerous condition, or other emergency, the City Manager may
40 summarily condemn or close off the multiple dwelling or a portion thereof.
41
City of Saint Anthony Housing Maintenance Ordinance
Draft Number 1 -- November. 10, 1991
Page Number 20
1 Any person aggrieved by a decision of the City Manager shall be entitled to appeal to the
2 Council, immediately, by filing a notice of appeal with the Manager. The Manager shall
3 schedule a date for hearing before the Council and notify the aggrieved person of the date.
4
5 The hearing shall be conducted in the same manner as if the aggrieved person had not
6 received summary action.
7
8 The decision of the City Manager shall not be voided by the filing of such appeal. Only
9 after the City Council has held its hearing will the decision of the City Manager be affected.
10
11 APPLICABLE LAWS. Licenses shall be subject to state and federal laws and all ordinances
12 of the City relating to multiple dwellings; and this ordinance shall not be deemed to
13 supersede or limit any other applicable law or ordinance.
14
15 PENALTIES. Each violation of this ordinance shall constitute a misdemeanor, and each
16 violation shall be subject to the penalties set forth in Subdivision 1 of Section 1100:00 of the
17 19xx Code of Ordinances.
I CITY OF ST. ANTHONY
02 CITY COUNCIL MEETING MINUTES
3 NOVEMBER 12, 1991
4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
5 The meeting was called to order at 7:30 P.M. with the Pledge of Allegiance led
6 by Mayor Ranallo.
7 II. ROLL CALL.
8 Present: Ranallo, Marks, Enrooth, Fleming and Wagner.
9 Also present: Thomas Burt, City Manager
10 David Urbia, Management Assistant
11 III. APPROVAL OF NOVEMBER 12, 1991 COUNCIL AGENDA.
12 Motion by Marks, seconded by Wagner to approve the November 12, 1991
13 agenda with one addition under REPORTS and two under NEW BUSINESS.
14 Motion carried unanimously.
•5 IV. APPROVAL OF NOVEMBER 5 1991 REGULAR COUNCIL MINUTES AND CITY
16 ELECTION RESULTS.
17 Motion by Marks, seconded by Enrooth to accept both reports in the agenda
18 as one, with the following changes:
19 Page 6, line 34 add "Ed Hance" and under Pct. 3H add "1"
20 Page 7, line 32 change line 1 to read "Write-Ins 1, 9, 1; 2, 13"
21 Page 7, line 12 add "Dan Kramer" and under Pct. 3H add "1"
22 Motion carried unanimously.
23 V. LICENSES/PERMITS/PETITIONS,
24 Motion by Marks, seconded by Wagner to approve licenses for the following:
25 Contractors
26 Earl Weikle & Sons, Minneapolis, MN
27 Joe Hamel Company, St. Paul, MN
28 Seviola Construction Company, Blaine, MN
City Council Meeting •
November 12, 1991
Page 2
1 Heatinq
2 LBP Mechanical, Inc., Minneapolis, MN
3 Motion carried unanimously.
4 VI. PRESENTATION OF CLAIMS
5 A. Progressive Contractors
6 Motion by Marks, seconded by Enrooth to approve payment of
7 $150,617.23 to Progressive Contractors for the rehabilitation of Chandler
8 Drive with $8,999.08 retained until final inspection next spring.
9 Motion carried unanimously.
10 B. Verified Claims.
11 Motion by Wagner, seconded by Fleming to approve three pages of
12 verified claims as presented by the Finance Director in the agenda packet.
13 Motion carried unanimously.
14 VII. REPORTS.
15 Tony D'Agostino Report on Little Gophers Baseball Activities
16 Tony D'Agostino, 3013 Harding Street N.E.,was present at the Mayor's invitation
17 to report his travels with the international traveling team of 15 and 16 year olds
18 last summer. He reported he had played as third baseman for the league in
19 Minnesota, Iowa, Colorado, Utah, Puerto Rico, and Hawaii. The Totino Grace
20 student said he had earned the cost of these travels by selling the ads in the
21 Little Gophers program shown by Mayor Ranallo. He is selling Christmas
22 Wreaths and anticipates selling ads for next year's program, which will include
23 a trip to the Orient next summer. The Council also learned that a St. Anthony
24 High School student, Jeremy Rice, who is 14.years old, as a member of the Little
25 Gophers farm team had played baseball in Italy last summer and could probably
26 qualify to play on the older team next year. Mrs. D'Agostino indicated she liked
27 the discipline Tony had experienced playing with the Little Gophers and stated
28 that she had "sent a boy and gotten back a man."
•
• City Council Meeting
November 12, 1991
Page 3
1 A. Council Reports
2 Councilmember Wagner's Report
3 The Councilmember indicated he planned to attend a panel discussion on
4 "Local Government Aid - the Minnesota Approach",at Hamlin University,
5 November 14th.
6 Councilmember Fleming's Report
7 VillageFest The Councilmember reported she had attended a VillageFest
8 meeting the previous evening where Tom and Dorothy Thorson had
9 announced they would be resigning their chairmanship on January 1 st. A
10 meeting of the board and officers was scheduled for November 25th.
11 Councilmember Enrooth's Report
12 Community Education Week The Councilmember noted that next week
13 would be Community Education Week, which he perceived deserved
14 special consideration since there have been so many changes in that
15 concept.
16 November 18th Meeting with School Officials Councilmember Enrooth
17 suggested it might be helpful to have an agenda established for issues to
0,8 be considered during the Council's meeting with the District #282 School
19 Board. Mr. Burt reported the Community Services Director would be
20 indicating how much space would be needed for varying activities as well
21 as the proposed rental fees. The latter would depend on the cost of
22 operation, which, in turn would depend on boiler costs and the
23 maintenance contract. The City Manager said he was meeting with school
24 representatives the next morning regarding the contract.
25 Councilmember Marks' Report
26 Sister Cities Committee The Councilmember indicated he hoped to be able
27 to report soon on the establishment of a Sister Cities Committee by Duluth
28 along with that group's recommendations to other cities who wanted to set
29 up similar organizations in their communities.
30 Mayor Ranallo's.Report
31 Unicyclist Awards Banquet The Mayor reported attending this banquet
32 November 8th. He said the group is made up of young unicyclists from-
33 mostly St. Anthony and New Brighton and had grown within a year from
34 eight or nine to thirty-two riders. He was especially impressed by the fact
35 that the organization had no school or governmental support.
36 D.A.R.E. Benefit Concert Mayor Ranallo noted the ticket sales for the
07 benefit November 22nd were not going as well as expected. Therefore, Mr.
City Council Meeting
November 12, 1991
Page 4
1 Burt is preparing a flier to be sent home with the school children explaining
2 to the parents that the Drug Awareness Resistance Education (D.A.R.E.)
3 program is not tax supported but depends exclusively on community
4 support. It was agreed that if the public could see the response from the
5 two classes of fifth and sixth graders who have gone through the D.A.R.E.
6 program, the response to this benefit would probably be much different.
7 B. City Manager Reports
8 Court Ruling Mr. Burt reported the unfavorable court ruling in the City's
9 litigation against property owners at 2917-33rd Avenue N.E.. Proposed
10 ordinance modifications will be presented at the Council's November 26th
11 meeting.
12 TCAAP Water Contamination Hearings The City Manager indicated he
13 would be attending the afternoon meeting the next day and the David
14 McDonald, the attorney representing St. Anthony, would attend the public
15 hearing on the continuing contamination to be held at the Irondale High
16 School the evening of November 14th. Mr. McDonald will be stressing the •
17 importance of the Army's keeping their agreement to complete the
18 Boundary Ground Water Recovery System (BGWRS) to stop the flume of
19 contamination to St. Anthony. Mr. Burt added that the City's pumping
20 effect on the direction of the flume has been of special interest to the
21 Chicago engineering firm tracking the path of the flume. Mayor Ranallo
22 said he would juggle his appointments so he-could
23 Because the Truth in Taxation statements to City taxpayers have made
24 them aware that most of them will experience a 1.2% reduction in property
25 taxes proposed for 1992, the City Manager said he wouldn't expect a large
26 turnout at the Council's November 26th budget hearing. However
27 Councilmembers will be provided with copies from the League . of
28 Minnesota Cities of literature the Minnesota Taxpayers Association prepared
29 for distributing to promote citizen awareness of the Truth in Taxation issues.
30 Old Clark Station Site Redevelopment Mr. Urbia's November 7th
31 memorandum on the above included the appraisals for the former service
32 station site as well as the adjoining narrow strip of property. Proposals
33 from two engineering firms to perform soil contamination verification tests
34 were also included. Mr. Burt advised that the verification costs of about
35 $6,000 would have to be paid from H.R.A. funds and hopefully recovered
36 from the sale of the property if the City decides to buy it for sale to a •
37 developer. He said the City would take care of snow clearing for the
City Council Meeting
November 12, 1991
Page 5
1 drilling and testing. The City Manager indicated there have been several
2 developers who have shown an interest in erecting either three or four-
3 plexes, but only after the soil condition is determined. The present owner
4 has already determined rentals would not be economically feasible. The
5 Councilmembers agreed that it would be well worthwhile for the City to
6 expend some up front money to get the property on the tax rolls.
7 Motion by Marks, seconded by Wagner to contract with Braun Intertec to
8 conduct the soil contamination verification on the former Clark station site
9 at the corner of 33rd Avenue and Stinson Boulevard N.E.
10 Motion carried unanimously.
11 Clarification of Sewer Rates and Charges The October 3, 1991
12 memorandum from Roger Larson, Finance Director, requested Council
13 interpretation of how apartment buildings should be classified under
14 Ordinance 540:00. The City Manager indicated the Public Works Director
15 recommended this property should pay commercial rates, citing the City's
*6 inability to identify or control waste where there is only one meter.
17 However, discussions with apartment owners had indicated economic
18 hardships resulting from the rise of taxes and sewer and water rates faster
19 than rentals. Mr. Burt said he would like to do further research on the
20 issue particularly on how larger municipalities charge for these services.
21 He indicated he would look for a method of charging which would be fair
22 to both the City and the property owners. The City Manager also
23 suggested that when the Housing Maintenance Code is reviewed, provision
24 might be considered for the City to enter apartments to identify leaks which
25 cause higher meter readings.
26 Home Occupation/Storage of Equipment The City Manager was instructed
27 to work with the City Attorney to develop recommendations for a program
28 of consistent enforcement of codes and ordinances related to the above
29 which are perceived as being violated throughout the City.
30 VIII. PUBLIC HEARINGS.
31 There were no public hearings.
32 IX. NEW BUSINESS
City Council Meeting
November 12, 1991
Page 6
1 Resolution 91-049, re: Hennepin County Municipal Source-Separated
2 Recyclables program.
3 Motion by Ranallo, seconded by Marks to adopt the resolution which approves
4 the submittal of the 1992 grant application and entering into a contract for this
5 recyclables program.
6 Motion carried unanimously.
7 South End Task Force/Planner
8 Motion by Marks, seconded by Fleming to approve the list of twelve people
9 submitted by staff to serve on the South End Task Force to provide input on
10 land use, traffic concerns, and ideas for what image the area south of 29th
11 Avenue N.E., primarily along Kenzie Terrace, should have.
12 Motion carried unanimously.
13 Motion by Ranallo, seconded by Wagner to direct staff to retain Bill Weber of
14 BRW, Inc. to provide the necessary expertise to the Task Force as agreed to
15 with the costs not to exceed $5,000.
16 Motion carried unanimously.
17 Goal Setting Sessions Scheduled for January 10 and 11, 1992
18 Mr. Burt will return with proposals for facilitators and location at a later date. A
19 tentative agenda of goals to be considered including staff and equipment
20 additions to the fire and police departments as well as strategies for road
21 replacement and maintenance was suggested by the City Manager. He
22 emphasized specific goals rather than just visionary concepts. The first evening
. 23 would be devoted to talking about team building and the form of government
24 under which the City operates and the roles under that form.
25 X. UNFINISHED BUSINESS - None.
26 XI. ADJOURNMENT.
27 Motion by Marks, seconded by Wagner to adjourn the meeting at 9:15 P.M..
28 Motion carried unanimously.
City Council Meeting
November 12, 1991
Page 7
1 Respectfully submitted,
2 Helen J. Crowe, Acting Secretary
3
4 Mayor
5 ATTEST:
6 City Clerk
•
•1 CITY OF ST . ANTHONY
2
3 REGULAR COUNCIL MEETI14G
4
5 NOVEMBER 26 , 1991
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
i0 The Council Meeting was called to order at 7 : 30 p .m. and
11 the Pledge of Allegiance was led by Mayor Ranallo .
12
13 ,
14 2 . ROLL CALL
15
16 Council Present : Mayor Ranallo , Councilmembers Marks ,
17 Fleming and Wagner . Councilmember Enrooth arrived at the
18 Council Meeting at 7 : 45 p .m.
19
20 Staff Present : City Manager Burt , Management Assistant
21 Urbia , Finance Director Larson, Police Chief Engstrom,
22 Fire Chief Johnson and Public Works Director Hamer .
23 Planning Commissioner Faust was also in attendance .
24
25 Mayor Ranallo requested anyone present who wished to
06 address the Council or an issue to step to the speaker ' s
7 podium and be recognized by the Chair . He noted that at
28 previous Council meetings members of the audience had
29 spoken from the floor . This practice was disruptive for
30 all in attendance and made it difficult for recording the
31 proceedings of the meeting . This request would be in
32 compliance with Robert ' s Rules of Order .
33
34
35 3 . APPROVAL OF NOVEMBER 26 , 1991 COUNCIL AGENDA
36
37 A request had been made to make an appointment to the
38 Solid Waste Advisory Committee for Hennepin County . This
39 agenda item was added to the New Business portion of the
40 agenda .
41
42 Motion by Marks , second by Wagner to approve t;,e agenda
43 for the November 26 , 1991 Council Meeting as presented
44 with one addition to New Business .
45
46
47 Motion carried unanimously
49
50
51 4 . APPROVAL_ OF NOVEMBER_ 12,_ 1991 COU 1CIL_- IIIINUT-ES
2
3 Motion by Marks , second by Wagner to approve the m;Lnutes
54 of the November 12 , 1991 Council Meeting with the
i REGULAR COUNCIL METING
2 NOVEMBER 26 , 1991
3 PAGE 2
4
5
6 following correction :
7
8 page 4 , line 22 : Add to the end of the sentence attend
9 the November 14th meeting. "
10
11 Motion carried unanimously
12
J
13
14 S . LICENSES/PERMITS/PETITIONS
15
16 Contractor ' s License
17
18 Motion by Wagner , second by Marks to approve the
19 contractor ' s license for Bill Merrill Masonry, Inc . of
20 Silver Lake, Minnesota
21
22
23 Motion carried unanimously
24
25 Motor Vehicle Startina License
0 6
7 Motion by Wagner, second by Marks to approve the motor
28 vehicle starting license for Sroga ' s Automotive of the
29 City of St . Anthony, Minnesota
30
31
32 Motion carried unanimously
33
34 3 . 2 Beer On Sale Retail License
35
36 This license request was made. on behalf of Sheik ' s
37 Garden , Inc . , a new restaurant located at Apache Plaza
38 Shopping Center .
39
40 Motion by Wagner, second by Marks to approve the 3 . 2 Beer
41 (-Dn Sale Retail license for Sheik ' s Garden Restaurant at
42 Apache Plaza Shopping Center .
43
44
45 Motion .carried unanimous
47
48
49 5 . PRESENTATION OF CLAIMS
51 A. Braun Intertech
0 2
3 motion by Marks , second by Fleming to approve
54 payment in the amount of $3 , 576 . 00 to Braun
� i REGULAR COUNCIL MEETING
2 NOVEMBER 26 ; 1991
3 PAGE 3
4
5
6 Intertech Pavement , Inc . for pavement management and
7 program installation .
8
9 Motion carried unanimously
10
11 B . Verified Claims
12
13 j Motion by Marks , second by rleming to approve
14 payment of the six rages of verified claims as
15 submitted by the Finance Director .
16
17 Motion carried unanimously
18
19
20 Award Bid for Highcrest Storm Sewer Outlet
21
22 Dana Gauthier , an engineer representing Barr Engineering,
23 advised the Council . that there were eight bids received
24 for this project . The bid opening was on November 25,
25 1991 . Copies of the bids received were distributed to the
6 Councilmembers .
7
28 Gauthier stated that this is a labor intensive project
29 and felt this was reflected in the bid spread which
30 ranged from $43 , 040 . 00 to $81, 950 . 00 .
31
32 Barr Engineering had reviewed the bids and recommended
33 the bid be awarded to the low, reponsible bidder, F. F.
34 Jedlecki Company. Gauthier advised that the proposal
35 submitted by this firm had been reviewed and found to be
36 in proper order . He also stated that one of its
37 references had been contacted and a satisfactory
38 statement was made by that reference .
39
40 The City Manager noted that this project had been rebid .
41 He felt the proposal of the low bidder was more in line
42 with what the Council and staff had considered
43 appropriate costs for the project .'
44
45 riot ion, by Marks , second bv Wagner to ai..,ard the bid fo-
46 the Highcrest Storm Sewer Cutlet l)roject • to the F . F.
47 Jedlecki Company in the amount of $93 , 040 . 00 .
48
49 :Motion car==ed unanimously
51 7 . PUBLIC HEARINGS
2
3 A. 1992 Budget /Tar. Levy
54
REGULAR COUNCIL ME lIi\G
•i
2 NOVEMBER 26 , 1991
3 PAGE 4
4
5 Mayor Ranallo opened the Public Hearing for the 1992
6 budget and tax levy at 7 : 40 p.m.
7
8 The Mayor advised that all of the City ' s management staff
9 and department heads were in attendance at the Public
10 Hearing to answer questions or respond to concerns of
11 residents regarding proposed budget items .
12
13 Mayor Ranallo stated that this budget was reviewed about
14 a month ago at a Council meeting with the purpose of
15 getting input from residents . Approximately eight to ten
16 residents attended . This open forum was held so there
17 would be enough time to include any input or suggestions
18 into the proposed budget . The Mayor noted that this
19 budget has to be approved by December 4th . With this
20 short deadline, tonight ' s meeting would not have afforded
21 time for inclusion of any budget changes that may have
22 been considered .
23
24 It was stated, that the budget which will be presented at
25 tonight ' s meeting, has not been modified since the
6 previous meeting.
7
28
29 The City Manager referred to the notification of the
30 proposed budget published in the Minneapolis Star Tribune
31 and in the St . Anthony Bulletin which complied with the
32 publication mandates of the Truth in Taxation
33 requirements .
34
35 He stated that the City Council decided not to levy to
36 the maximum allowable amount but reduced the budget by
37 $20 , 000 . In taxes payable 1991 the City received twenty-
38 one cents of each tax dollar and for taxes payable 1992
39 the City will receive nineteen cents of each tax dollar .
40
41 In 1991 the local government aids for St . Anthony were
42 reduced $75 , 000 and in 1992 that reduction is expected to
43 be $70 , 000 .
44
45 Residents were advise.:; tl-iat if their property taxes
46 increase it would be because the value of their Uropert ,-
47 was increased . Also , the State has changed the t_a.., _ ates
43 on certain properties . The City ;Manager advised tl-. t the
49 }calf cent sales tai recently approved by i:ietropolitan
50 counties was originally intended tc) be put into a Local
51 Government Trust Fun6- :-ie suggested that the Legislature
2 appears to be considering retaining this money for State
53 use . He recalled that the sales tax which was impie,:entad
54 in the early 70 ' s was originally intended to be used. for
•1 REGULAR COUNCIL MEETING
2 NOVEMBER 26 , 1991
3 PAGE 5
4
5
6 local governmen t aid acrd it has never been used for that
7 purpose . The Council directed staff to transfer liquor
8 profits to the General Fund to make up for the loss of
9 local government aids .
10
li A resident inquired what the levy limit for the City is .
12 He was advised that it is $1 , 598 , 684 less HACA, State Aid
13 ,rand Fiscal Disparities . The City of St . Anthony is the
14 only municipality in Hennepin County that is seeing a
15 reduction in taxes .
16
17 Early in the year the City Manager and staff decreased
18 the budget by $100 , 000 in anticipation of the loss of
19 state aid . This was done without any decrease in
20 staffing.
21
22 Using an overhead chart , the City Manager reviewed the
23 sources of revenue for the City . They are taxes ,
24 licenses , permits , intergovernmental relations and a few
25 other miscellaneous sources .
406
7 The expenses for the City are as follows :
28
29 Mayor and Council , which has increased 1 . 40 . This small
30 increase reflects salary increases .
31
32 Public Intergovernmental Relations fund has increased Igo .
33 This fund covers insurance and lobbying organizations
34 such as League of Minnesota Cities and Association of
35 Metropolitan Municipalities . It was noted that a
36 considerable amount of money is saved by the City ' s
37 participation in the LMC ' s Insurance Trust .
38
39 The City Manager ' s budget did not increase .
40
41 Elections budget increased 0 , 600 . This increase deals
42 with the maintenance of election machines and the costs
43 for the Presidential Primary , which will be new in 1992 .
44
45 Assessing increased $550 . 00 which is for salary
46 adjustments .
47
48 There is no anticipated nor budgeted increases for legal
49 services .
50
5i Engineering/Planning/Zoning budget has decrevsEi 270 .
0 L
3 Funding for Civil Defense is down by $3 , 000 .
54
01 REGULAR COUNCIL i EETING
2 NOVEMBER 26 , 1991
3 PAGE 6
4
5
6 Funding for City Building is down $18 , 000 .
7
8 The Police Department budget will increase $23 , 000 . 880
9 of this increase is for a 3 1/2% salary adjustment . This
i0 department is labor intensive and accounts for the
11 increase .
12
13 CThe Mayor noted that two senior officers have retired
14 from the Police Department who had been receiving higher
15 salaries than the two new officers who have joined the
16 force .
17
18 Burt stated that the St . Paul Police Department and the
19 Ramsey County Sheriff ' s Department had approached St .
20 Anthony regarding consolidating the City ' s Police
21 Department with theirs . While consolidation in other
22 areas has been very beneficial the City Manager felt this
23 arrangement would experience much higher rates for
24 salaries and administration and receive less service .
25
406 The Fire Department budget is up $3 , 000 . This is for the
7 City ' s share of the Haz Mat machine . This machine is
28 shared and funded by five cities .
29
30 The increase in the Building Inspections is $520 . 00 for
31 salary adjustments .
32
33 There is no increase in the funding for animal control .
34 The City Manager stated that there has been a decrease in
35 the activity of this operation in the last two years .
36
37 There is a decrease of $8 , 800 . 00 in the Public Works
38 Department budget . The department is still short two
39 employees . There is a low "per capita" cost for public
40 works services .
41
42 Public Works Department maintenance repair has decrease,
43 $4 , 000 . 00 .
44
45 Tree and weed care has increased $ 1 , 000 . 00 and Parks
46 Dei_Dartment has decreased $11 , 000 . 00 .
47
48 There were no questions for the City Manager from the
49 City Council nor residents in attendar;ce at the end of
50 his budget presentation .
51
0- 3,
54
•1 REGULAR COUNCIL MEETING
2 NOVEMBER 26 , 1991
3 PAGE 7
4
5
6
7 Close of Public Hearin
8
9 Motion by Marks , second by Enrooth to close the public hearing
10 at 8 : 40 p .m.
11
12 Motion carried unanimously
13
14 The Mayor thanked the department heads and staff for their
15 efficient work on the budget . He stated that the City Council
16 had requested them to spend significant time on the budget to
17 reduce it .
18
19 Adoption of Resolution No. 91-050
20
21 Motion by Marks , second by Wagner to adopt Resolution No . 91-
22 050 which is a resolution certifying the City of St . Anthony ' s
23 tax levy and '1992 budget in compliance with Truth in Taxation .
24
25 Motion carried unanimously
466
28 B. Proposed Amendment to. Front Yard Setback Requirements
29
30 Mayor Ranallo opened the Public Hearing at 8 : 45 p .m.
31
32 Thiat portion of the City ' s ordinances which addresses front
33 yard setback requirements was challenged- in court and the City,
34 lest the case . The City Attorney felt this portion of the
35 ordinance was always open for interpretation and suggested it
36 be amended so it is more clearly defined .
37
38 :.otion by Marks , second by Wagner to approve the amendments of
39 G�dinance No . 1991-008 which is an ordinance pertaini?zg to
40 front yard setback requirements ; amending Section 4 . subd . 5 ,
41 : aragraph 5 ; Section 4A, subd . 5 , paragraph 5 , section 5 ,
42 s-:- bd . 5 , paragraph 5 ; and section 6 , subd . 5 , paragraph 5 ; of
4.3 Ar)nendix I ( Zoning) of the 1973 Code of Ordinances to clarify
44 the meaning of such paragraphs and to waive the two readings .
45
46 Motion carried_ unanimously_
48
49 8 . REPORTS
51 A. Council
103 Report of May r__F.anall.a
54 The Mayor attended a meeting hosted l:,y the Army at the
• 1 REGULAR COUNCIL '1 EE TIN;
2 NOVEMBER 26 , 1991
3 PAGE 8
4
5
6 Irondale Middle School to discuss the filtration system.
7 Representatives of the Army felt a " tremendous" job was
8 done by themselves , MPCA and EPA resolving the problems
9 with the system. Mayor Ranalio disagreed.
10
11 The Mayor observed that it took St . Anthony eleven years
12 and a lawsuit to get the filtration system and noted that
13 ,there was no eooperatioih during this time on the part of
14 the Army or any other entities . He also stated that the
15 Army had to install the system and it still isn ' t what is
16 required . It is too small and the building which houses
17 it is in need of repair . It has not yet been accepted by
18 the City of St . Anthony .
19
20 Congressman Martin Sabo had been very instrumental in
21 getting approval of the $213 , 000 necessary for the extra
22 pump . It was noted that although the approval has been
23 given no one had indicated when these funds will be
24 forthcoming. The Mayor expressed concern that under
25 certain circumstances the City still does not have enough
26 water to sprinkle in the summer nor fight a fire . The
07 whole project was two years behind schedule.
28
2.9 The City Manager advised. he had received a letter today
30 stating that the funds are anticipated in a few days . He
31 noted that the Army will be requested to repay the
32 Superfund if that is the source of the funding coming to
33 the City . He also observed that the lawsuit was settled
34 with the understanding that a granular system would not
35 be needed by ten years but at the rate it is progressing
36 this may change to twenty-five years.
37
38 The City Manager said that the groundwater contamination
39 plume is moving toward Minneapolis and the Mississippi
40 River . Forced 'air we11s were not built and tine
41 conta_ination before treatment is increasing. Carbon
42 change needs are also increasing and the State will have
43 to pay for these carbon filter changes .
AA
z�
45 lfaycr Rana_ is chaired the Federal Legis '_ Mien Coil lttee
46 for the League of !� innesO 1
ta Cties - ` e presented tlh
47 policies of the Ccara?hittee at the League ' s Annual Polic—i
43 Adoption ?•'eeting on NovemLer 21st . All of the proposed
49 policies were adopted by the membersl,i
50
51 A fundraising letter was received by the Mlayor fror:
2 Health c.>r,e . In the letter the experience of a heart
3 attack J1Ct11hh was referred to . The letter stated thhat
54 personnel from Healtin <Dne had saved the victim' s life
i REGULAR COUNCIL 1,EETIT G
2 1;0�'E1✓BER 2 6 , 1991
3 PAGE 9
4
5
6 when she fell ill at Apache Plaza where she was employed .
7 The Mayor felt this was incorrect as she was attended by
8 emergency personnel from the City of St . Anthony . City
9 staff saved her , hospital staff took care of her . The
10 City Manager will review the report on record .
11
12 The Mayor advised the Councilmembers that at the first
13 Council meeting in January some decisions must be made
14 regarding appointments , banking facilities for the City ,
15 official newspaper designation , Mayor Pro-tem selection ,
16 etc . He requested all members of the Council to give each
17 of these decisions some consideration .
18
19 About 400 people attended the Paul Todd Show which was a
20 fundraiser for the City ' s D.A. R. E. Program. The Mayor
21 observed that very few residents of the City were in
22 attendance at the concert .
23
24 Donations were received from the St . Anthony Kiwanis ,
25 Tri-City American Legion, the Eagles Club, Chandler
466 Place, Firstar St . Anthnony Bank , St . Anthony Chamber of
7 Commerce , the Lions Club and the Sports Boosters .
28
29 Staff and members of the City Council sold a significant
30 number of tickets as did Students Against Drunk Driving.
31 The Mayor felt for a first-time fundraising experience
32 for the City it was very successful .
33
34 Report of Councilmember Wagner
35
36 On November 14th Councilmember Wagner attended a panel
37 discussion of the Municipal Trust Fund.. Tilis fund was to
38 receive its funding from the additional half percent
39 sales tax approved by metropolitan counties .
40
41 On the . panel was Representative Andy Dawkins , u
42 representative of the Legislative Auditor ' s office , State
43 Treasurer ' s office , Don Slater , LMC E�:ecutive Director
44 and Dorothy McClung .
45
46 Councilmember Wagner felt the panel was very direct with
47 their continents and observations regarding the Trust Fund .
48 It was stated it may be a very long tin-,e 'r_le fore a
49 distributioI"1 -policy is developed as the Leaislature has
50 taken no action yet . Some cities are working on a
51 distribution program but counties have taken no action .
�
2 Funds are to 'be received by both cities and C0U!_jties .
,3
54
• I REGULAR COUNCIL MEETING
2 NOVEMBER 26 , 1991
3 PAGE 10
4
5
6 Report of Councilmember Fleming
7
8 Councilmember Fleming had nothing to report at this time .
9
10 Report of Councilmember Marks
11
12 Councilmember 1,+arks attended a Sister Cities meeting in
13 rColumbia Heights . The Sister City of Columbia Heights is
14 Lomianki , Poland . He noted a resident was at the meeting
15 who had travelled to Lomianki and had many interesting
16 comments to make regarding his experiences . Councilmember
17 Marks also gave some information about the recent trip of
i8 the St . Anthony Orchestra to Salo, Finland.
19
20 Councilmember Marks stated he felt Mayor Ranallo did an
21 excellent job as Master of Ceremonies at the D.A. R. E.
22 concert .
23
24 Report of Councilmember Enrooth
25
0 6 On November 25th , Councilmember Enrooth attended a
7 meeting of the Village Fest Committee . The Thoreson ' s
28 resigned as Chairpersons of the Village Fest .
29
30 Alternatives were discussed for leadership but no
31 conclusions were reached . A meeting is scheduled for
32 December 19th where direction of the Village Fest will be
33 discussed as will the future of this community
34 celebration .
35
36 Councilmember Enrooth observed that a core group of
37 leaders is necessary for the -_elebration to continue and
38 a Chairperson is definitely required . He noted that the
39 Treasurer gave a report stating that there funds
40 remaining . Mayor Ranallo expressed his hope that the
41 Village Fest will continue and grow.
4 2
43 B. Report of the City Manager
44
45 The City iial;ager reminded the Counc_ 1 of a Counci '_ work
46 session on the first Tuesday in Deceiber .
47
48 The City Manager distributed copies of a ircopL)sa1
49 received from BRw, Inc . This lilaterial addresses a work
50 program, and cast proposal for site planning, streetscape
5I design and 1an,d use p1annina- far the City of :=.t . Avit'�-?(-.n. .
02 He stated he had selected BR:d as c _)nsuitants cis most of
3 the work can be done in-house .
54
• 1 REGULAR COUNCIL HIEETING
2 N'CVEMBER 25 , 199
3 PAGE 11
4
5
6 Mayor Ranallo requested the Task Force be called
7 together , with the City Manager presiding, to present
o this proposal and to get input and feedback from Task
9 Force meinbers .
10
11 The City Manager stated he would present the material
12 from BRW and inquire if this is what the Task Force had
13 � intended so he could explain the "vision" of the Task
14 Force to BRW.
15
16 9 . NEW BUSINESS
17
18 Appointment to Solid Waste Advisory Committee
19
20 A request had been received from Hennepin County
21 Commissioner Makowske for the City Council to nominate
22 someone to the Solid Waste Advisory Committee .
23 Councilmember Enrooth had been serving on this Committee
24 for some time .
25
41 6 Motion by Marks , second by Fleming to recommend Dick
7 Enrooth to serve on the Hennepin County Solid Waste
28 Advisory Committee .
29
30 Motion carried unanimously
31
32 Councilmember Enrooth stated that presently the Committee
33 is trying to define a basic policy on reimbursements to
34 municipalities in Hennepin County for recycling costs and
35 how to not have that rebating system eliminated. He said
36 that $11 . 00 of the $95 . 00 is used to cover the tipping
37 costs .
38
39 Mayor Ranallo requested that information received from
40 the Committee meetings be reported back to the City ' s
41 Recycling Committee and to the Council . He feels there is
42 a need to keen the Council informed on all of these
43 activities .
44
45 10 . UNFIivISHED BSINESS
4 06
47 All of the unfinished business was completed earlier ir:
48 the meeting .
49
50
51 11 . ADJOURN;✓EiJT
,3 Motion by 1.1arks , second by Enrooth to adjourn the r,eet is _i
54 at 9 : 17 p.m.
• I REGULAR COUNCIL MEETING
2 NOVEMBER 26 , 19 91
3 PAGE 12
4
5
6 Motion carried unanimously
7
8
9
10 Respectfully submitted ,
11
12
13 Jo-Anne Student , Council Secretary
14
15
16
17
18
19 Mayor Clarence Ranallo
20
21
22
23 ATTEST:
24 City Clerk
25
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