HomeMy WebLinkAboutPL PACKET 10201992 Meeting Sheet
IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII
iooasa
Box: 15
Folder: PL PACKETS 1992
Document: PL PACKET 10201992
CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
October 20, 1992
7:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. MINUTES.
A. AUGUST 18, 1992 PLANNING COMMISSION MEETING.
IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE OCTOBER 27,
1992 CITY COUNCIL MEETING.
V. PUBLIC HEARINGS.
A. 7:35 P.M. -- REZONE PROPERTIES IN KENZIE TERRACE MORATORIUM
AREA FROM COMMERCIAL "C" TO SINGLE-FAMILY RESIDENTIAL 11R-111
.
B. -- JOHN NovAK, 2608 WEST ARMOUR TERRACE, VARIANCE
REQUEST FOR SIDE YARD SETBACK.
VI. MISCELLANEOUS.
A. REVIEW ROAD RECONSTRUCTION TASK FORCE FINAL REPORT AND
v\, PROPOSED ASSESSMENT POLICY.
B. CONCEPT REVIEW -- PROPOSED CEN'T'RAL PARK IMPROVEMENTS.
C. PROPOSED PARKING ORDINANCE.
D. SIGN ORDINANCE -- CONSIDER AMORTIZATION, OTHER CITY ATTORNEY
FINDINGS.
E. APPOINT PLANNING COMMISSIONER TO ENVIRONML-NTAL QUALITY/
(� RECYCLING COMMITTEE.
F. PROPOSED PLANNING COMMISSION BYLAWS.
PLANNING COMMISSION AGENDA
October 20, 1992
Page 2
VII. STAFF UPDATE.
/)k,O A. PROPOSED ORDINANCE CHANGES.
VIII. COMMISSIONERS' COMMENTS.
IX. ADJOURNMENT.
1 CITY OF ST. ANTHONY
PLANNING COMMISSION MEETING
4
5 AUGUST 18 , 1992
6
7
8 1 . CALL TO ORDER
9
10 The Planning Commission Meeting was called to order by
it Chairperson Faust who led the Pledge of Allegiance.
12
13 2 . ROLL CALL
14
15 Commissioners Present : Thompson, Gondorchin, Murphy, Madden
16 -and Faust
17
18 Commissioners Absent.: Franzese and Werenicz
19
20 Staff Present : City Manager Burt and Management
21 Assistant Urbia
22
23
24 3 . APPROVAL OF MINUTES OF JULY 21 , 1992 PLANNING COMMISSION
25 MEETING
26
Motion by Gondorchin, second by Murphy to approve the minutes
of the July 21 , 1992 Planning Commission Meeting with the
following corrections:
30
31 page 5, lines 48/49: This sentence should read as follows ,
32 "Commissioner Thompson commended the City Manager for all of
33 his efforts on behalf of the redevelopment of this area. "
34
35 page - l0, lines 8 through 10 : Commissioner Madden requested
36 these lines be deleted from the minutes . Commissioner Madden
37 noted he had made additional comments which were not relayed
38 to the Planning Commission and -he desired that all of this
39 paragraph be omitted from the text .
40
41 Motion carried unanimously
42
43 4 . PUBLIC HEARING
44
45 The public hearing was opened by Chairperson Faust at 7 : 37
46 p.m.
47
48 The purpose of the public hearing is to discuss an amendment
49 to the City of St . Anthony Comprehensive Land Use Plan in -the
50 area north of the proposed new intersection at Kenzie Terrace
•
1 PLANNING COMMISSION MEETING
2 AUGUST 18 , 1992
3 PAGE 2 •
4
5
6 from commercial to single family residential (currently the
7 2905 Kenzie Terrace area, 2700 Coolidge Street , and a portion
8 of 2715 Coolidge Street ) .
9
10 Chairperson Faust stated that the notice of public hearing
11 appeared in the August 5, 1992 edition of the Bulletin.
12
13 Copies of a faxed memo from the legal counsel representing the
14 property owner of 2715 Coolidge Street were distributed to
15 members of the Planning Commission. The City Manager advised
16 this memo was received today after the City Hall had closed.
17
18 The City Manager noted that the information in the memo
19 incorrectly assumed that the purpose of the public hearing was
20 to rezone the property at 2715 Coolidge Street . All pertinent
21 information concerning rezoning was requested by the legal
22 counsel . The City Manager will contact the owner' s attorney
23 and advised him that this was not the purpose of the public
24 hearing.
25
26 With the use of an overhead graph, the City Manager reviewed
27 the current land use of the property under consideration.. He
28 also presented a colored graph which depicted the proposed
29 amendment to the Comprehensive Plan. This graph showed the
30 area proposed to be rezoned to residential from commercial .
31 This graph also showed the proposed change to the road right-
32 of-way.
33
34 The proposed amendment is described as follows:
35
36 1 . Acquire residential properties west of 'Kenzie Terrace;
37 2700 Coolidge Street and 2906 Kenzie Terrace.
38
39 2 . Reconfigure 27th Avenue and Coolidge Street which would
40 create a new intersection at Kenzie Terrace
41
42 3 . Develop parcel north of . the new intersection at Kenzie
43 Terrace as two single family lots.
44
45 4 . Amend the City of .St . Anthony Comprehensive Land Use Plan
46 in the area north of the new intersection from commercial
47 to single family residential , including a portion of 2715
48 Coolidge Street to reflect the current use.
49
50
•
1 PLANNING COMMISSION MEETING
2 AUGUST 18 , 1992
0 PAGE 3
5
6 The City Manager advised that the City has the authority to
7 change the Comprehensive Plan. He noted that typically a
8 better transition results when zoning from commercial to
9 residential .
10
11 The City is presently in the process of purchasing Rosie' s
12 Cafe and the Good Luck Cafe. The appraisal on Rosie ' s Cafe has
13 been completed and received by staff . The appraisal of the
14 Good Luck Cafe is expected next week. To obtain these two
15 parcels condemnation could be a consideration.
16
17 The Comprehensive Land Use Plan amendment has been submitted
18 to the Metropolitan Council. They had ten days to review it
19 and to make comments . A flow chart that reflects the process
20 of review by the Metropolitan Council was included in the
21 agenda packet .
22
23 The City Manager was advised today that the Metropolitan
24 Council has given tenative approval to the proposed amendment
25 as it appears to have met all of the guidelines required by
26 that body.
27
In review, the City Manager noted that Lot 2 is already zoned
residential , lots 3 and 4 , which are currently zoned .
0 commercial , are being recommended for a residential zoning,
31 and lot 5, which is currently zoned medium family, is being
32 recommended for a residential zoning.
33
34 Commissioner Madden inquired when the roadway change comes
35 into the process . The City Manager responded this will happen
36 when the two properties, Rosie' s Cafe and the Good Luck Cafe,
37 are acquired.
38
39 Commissioner Madden also inquired as to any impact resolution
40 for the area. The City Manager stated this will be resolved
41 when the roadway plans are actually designed. He noted that a
42 design engineer has not yet been hired and will not be until
43 the two properties are owned by the City.
44
45 The City Attorney has advised the City Manager that it is
46 within the City ' s power to complete this land change. He also
47 noted that there will be no payment from the City for the
48 property at 2715 Coolidge Street .
49
50
•
1 PLANNING COMMISSION MEETING
2 AUGUST 18 , 1992
3 PAGE 4 •
4
5
6
7 It will be known if there will be a need to purchase a small
8 portion of land owned by a resident for the roadway when the
9 roadway design is done.
10
11 Commissioner Gondorchin inquired if there is an easement next
12 to the road.
13
14 The City Manager stated that the City typically has a fifteen
15 foot right-of-way on either side of a road. There is a berm
16 planned for the area in question.
17
18 Commissioner Gondorchin wondered if there is a possiblity to
19 buy the parcel at 2715 Coolidge Street . The City Manager
20 responded that this could be a possiblity if there are plans
21 to enlarge the project . He noted that if the project were to
22 be enlarged the entire process would have to be gone through
23 again. Presently, the plan is to leave it as it is presently
24 zoned.
25
26 The resident at 2817 St . Anthony Boulevard inquired if there
27 are any plans for the triangular shaped land adjacent to the
28 service station . The City Manager said the City will be
29 negotiating with the owner of the service station on this
30 parcel as it will be available.
31
32 The Public Hearing was closed at 7 : 52 p.m.
33
34 Motion by Gondorchin, second by Madden to recommend to the .
35 City Council to amend the City of St . Anthony Comprehensive
36 Land Use Plan on Lots 3, 4 , and 5.
37
38 Motion carried unanimously
39
40 5. MISCELLANEOUS
41
42 A. Apache Plaza Redevelopment Plan
43
44 Using an overhead, the City Manager reviewed the Apache Plaza
45 Redevelopment Plan. On the site plan, he noted the location of
46 the present stores and buildings , the proposed demolition
47 area, the location of a proposed super market and the proposed
48 expansion of the development .
49
50
•
1 PLANNING COMMISSION MEETING
AUGUST 18 , 1992
PAGE 5
5
6 There are two separate issues under consideration ; one being
7 the demolition of a certain building on the property and the
8 other establishment of a Tax Increment District .
9
10 It. is anticipated there will be one and one half million
11 dollars of demolition. The City Manager stated that the
12 district will be established for twenty-five years but it is
13 the hope of the Council to call in the bonds within twelve
14 years . He explained the procedures involved with tax increment
15 financing and how the property taxes are collected and used.
16
17 Currently Apache Plaza is generating taxes at $1 . 50 per square
18 foot and they are decreasing steadily. Super markets usually
19 are taxed between $3. 00 and $6 . 00 per square foot . The
20 calculations for this proposed super market were set at $2 . 25
21 per square foot for paying off the bonds .
22
23 The project included 67, 600 square feet for the super market
24 and 100 , 000 square feet for demolition.
25
26 The City Manager reviewed what stores will remain in their
27 present location and which stores will be moved or relocated
in the Apache Plaza project . He noted that the City will
locate its liquor store very close to the super market . Some
30 of the funding will also be used for structural repairs to the
31 shopping center and perhaps a new roof.
32
33 It was felt this project will realize quite a sum of taxes and
34 will generate an increase in taxes from surrounding commercial
35 properties .
36
37 An example of tax increment financing is as follows : the
38 property owner pays $15, 000 in taxes . $10 , 000 of those taxes
39 are kept but $5 , 000 is given back to the property owner to pay
40 toward his debt service. The City Manager cited Autumn Woods
41 as another excellent example of successful tax increment
42 financing. He noted that the surplus taxes does not go to the
43 City to use as revenue but rather can be used for public
44 improvements .
45
46 A short period of time is preferable for tax increment so a
47 project will be paying higher taxes in less time.
48
49 Commissioner Murphy inquired if any discussion had taken place
50 regarding the razing of Apache Plaza. The City Manager responded
1 PLANNING COMMISSION MEETING
2 AUGUST 18 , 1992
3 PAGE 6 •
4
5
6 that this had been a consideration of the developer but was
7 abandoned as being too costly.
8
9 Commissioner Murphy questioned if this proposed development
10 had been the only idea focused on rather than looking for
11 other proposals . He was concerned that there may have been
12 other considerations which may have been a higher and better
13 use of the land.
14
15 Noting that the City was actually serving as a business
16 partner in this project , Commissioner Murphy inquired if staff
17 had been advised of any of the marketing strategies of the
18 developer.
19
20 The City Manager noted that the legal counsel has been advised
21 of the marketing strategies. He has not been advised in that
22 if he were then the information would have become public and
23 this would not serve the interests of the developer at this
24 point in time .
25
26 Chairperson Faust was interested to know if staff anticipated
27 any traffic problems if this super market located at Apache
28 Plaza.
29
30 The City Manager stated that the front of the super market -
31 will face east directly toward Silver Lake Road. There are
32 three access points on Silver Lake Road and the road had been
33 designed to handle the anticipated traffic. Seven hundred and
34 fifty parking stalls will be added to the parking lot .
35
36 Commissioner Gondorchin inquired if the stop light on 37th
37 Avenue and Stinson Boulevard has been approved. The City
38 Manager advised it has been approved and Hennepin County
39 intends to have it installed this year. A pedestrian crossing
40 will also be installed to accommodate pedestrian traffic at
41 39th Avenue and Stinson Boulevard.
42
43 Chairperson Faust expressed a concern for the environmental
44 impact this development will have on the water quality of
45 Silver Lake. He feels this is a good opportunity for the City
46 to monitor the water which runs off of the Apache Plaza site
47 into the Lake and put in some controls to alleviate the
48 pollution emitting from there.
49
50
1 PLANNING COMMISSION MEETING
46 AUGUST 18 , 1992
PAGE 7
4
5
6 The City Manager stated that this project will do three
7 things ; vitalize the shopping center, expand the tax base and
8 afford the City an opportunity to address the issue of
9 cleaning up the water quality
10
11 The City Manager received a letter from the owner of Apache
12 Plaza, C.G. Rein Company, which stated the firm will do
13 whatever is expected by the Rice Creek Watershed District . He
14 felt this would afford the City an opportunity to control
15 water flow from the shopping center . A holding pond is being
16 included in the plans of the project .
17
18 Chairperson Faust cautioned that long term considerations
19 should be looked at for Silver Lake and its water quality.
20
21 Commissioner Murphy again stated his concern if the City is
22 placing 'the highest and best use on this land or just doing
23 what is expedient .
24
25 Dennis Cavanaugh, a St . Anthony resident , felt the City should
26 seek other opinions regarding the use of this property and the
land. He suggested that some consideration should have been
given to developing it as residential .
2
30 Chairperson Faust felt the taxes realized from a residential
31 development would be considerably less than those which would
32 be received from a commercial development .
33
34 The City Manager noted that a developer would have to pay
35 twelve million dollars for the land alone. The highest and
36 best use would be industrial but this is unlikely to be
37 viable.
38
39 The City Manager feels the potential for success of this
40 shopping center is very good with a super market as its
41 anchor. It would attract other interested businesses . He also
42 felt that the number of patrons shopping at. the super market
43 will positively affect the other stores in the shopping
44 center: He noted that grocery stores have undergone a dramatic
45 change, going from very small neighborhood stores to
46 warehouse-type stores .
47
48 A resident inquired if the placement of the City' s liquor
49 store has been determined yet . The City Manager stated it will
50 be located where the City Council wants it .
1 PLANNING COMMISSION MEETING
2 AUGUST 18 , 1992 •
3 PAGE 8
4
5
6 Motion by Madden, second by Thompson that the Planning
7 Commission go on record as being in favor of the improvements ,
8 demolition and reconstruction as proposed on the Apache Plaza
9 Redevelopment Plan, recognizing many processes must be
10 followed before the project comes to fruition, specifically
11 concerning water, signage, movement of traffic and
12 architecture.
13
14 Commissioner Murphy was also concerned that the finished
15 project not have a patchwork appearance.
16
17 Motion carried unanimously
18
19
20 B. Parkina Ordinance
21
22 Earlier in the summer the City Attorney drafted an ordinance
23 which addressed matters of parking. The ordinance focused on
24 parking of recreational vehicles and commercial vehicles on
25 private property. This ordinance was requested by members of
26 the City Council in response to complaints received from
27 residents .
28 r 29 The City Manager noted that the issue had received .
30 considerable coverage in the local press and had generated
31 much discussion at Council meetings . The City Council
32 established an Ad Hoc Committee whose makeup included three
33 residents supportive of the ordinance and three residents
34 opposed.
35
36 The Ad Hoc Committee met two times and the City Manager felt
37 these meetings were productive. A representive of. the Office
38 of Dispute Resolution was brought in to facilitate the
39 consensus building process . There was a clear consensus of the
40 Committee members that they are pleased and proud of their
41 community and would like to preserve it . The Committee also
42 agreed that they would like to see their neighborhoods clean
43 and a standard developed defining a minimum level .
44
45 Four draft suggestions were received from the Committee and
46 submitted to the Council for its review. The suggestions were
47 based on possible ways to accomplish the issue of good
48 condition ( image) and neighborhood aesthetics versus the
49 proposed parking ordinance.
50
1 PLANNING COMMISSION
AUGUST 18 , 1992
PAGE 9
4
5
6 The suggestions are as follows :
7
8 1 . Property Maintenance Code : The City is working on a Housing
9 Maintenance Code that establishes a minimum standard for
10 housing and yard maintenance. Members of the Committee felt
11 this could be expanded to include all property maintenance.
12
13 2 . Require Permits : A requirement added which would require
14 all properties with commercial , recreational vehicles ,
15 recreational and utility trailers or watercraft get a permit
16 from the City. The Committee suggested that the permit be at
17 no cost or a minimal charge to cover the cost of
18 administration of the permit .
19
20 Vehicles used as a 'condition of employment would be exempt
21 from the permit process .
22
23 3 . Beautification Committee: This would be a committee
24 appointed by the City Council to handle complaints between
25 neighbors and resident complaints on the appearance of
26 another ' s property. Members of this committee would meet with
27 the property owners to discuss ways to resolve the issue. If
the committee could not reach some form of agreement , then the
services of a professional mediator would be used.
30
31 4 . City Mediation: The Committee suggested a variation of the
32 Beautification Committee by having the City staff make initial
33 contact in neighbor complaints . Staff would meet with
34 neighbors to discuss issues identified and try to resolve the
35 conflict . If unable to do so,' or if it is a legal matter, the
36 services of Dispute Resolution would be used.
37
38 The Ad Hoc Committee agreed to forward all four suggestions to
39 the City Council with the idea that any one or a combination
40 could be used.
41
42 The City Council reviewed the four suggestions and referred
43 the matter back to the Planning Commission for its review and
44 input .
45
46 Commissioner Gondorchin liked all four suggestions and felt
47 the original version of the ordinance was too severe . He has
48 taken some photos of situations in the City which should also
49 be addressed. He prefers to study this issues before making
50 any recommendations .
1 PLANNING COMMISSION
2 AUGUST 18 , 1992 '
3 PAGE 10
4
5
6 Commissioner Murphy observed that everyone wants. to protect
7 the City from further degradation . He also needs more time to
8 study the proposals of the Ad Hoc Committee.
9
10 Commissioner Madden cited some regulations regarding parking
11 in his townhouse development . He indicated a need for further
12 study of the issues .
13
14 Commissioner Thompson agreed that further study is needed.
15
16 Chairperson Faust observed that there were residents in
17 attendance to hear this issue discussed. He encouraged their
18 comments . None were made .
19
20 The City Manager advised he has requested ordinances from
21 other communities which address these issues . He will send
22 copies of these ordinances to members of the Planning
23 Commission as soon as they are received. He observed that all
24 members of the Ad Hoc Committee reflected pride in their
25 community.
26
27 Noting that the City is a very diverse community, the City
28 Manager felt that a level of tolerance and understanding are
29 both needed with dealing with these issues .
30
31 Chairperson Faust inquired if there are any other communities
32 who have beautification ordinances . The City Manager responded
33 he is not aware of any. He suggested it is difficult to have
34 a group of property owners decide levels of standards .
35
36 The parking ordinance was tabled for further study.
37
38 6 . STAFF UPDATE
39
40 a. Representative to September 8th Council Meeting
41
42 Staff requested a member of the Planning Commission be
43 delegated as its representative at the September 8th Council
44 Meeting.
45
46 Chairperson Faust indicated he will be attending the September
47 8th Council Meeting representing the Planning Commission .
48
49
50
1 PLANNING COMMISSION MEETING
AUGUST 18 , 1992
40 PAGE 11
5
6 b . September Planning Commission Meeting
7
8 The City Manager and the Management Assistant will be
9 attending the ICMA Annual Conference at the time of the
10 regularly scheduled meeting of the Planning Commission in
11 September. At the present time there are no agenda items for
12 the September meeting.
13
14 It was decided that the Planning Commission will not hold a
15 meeting in September.
16
17 c. Sian Ordinance Issues
18
19 In July the Planning Commission discussed the proposed sign
20 ordinance. There were many questions regarding the sign
21 ordinance. These questions were forwarded to the City Attorney
22 for his reply.
23
24 Responses to these questions were distributed to members of
25 the Planning Commission.
26
27 It was noted that the St . Anthony ordinance regarding
political signs was stricter than that of the State of
Minnesota. It was concluded that the proposed ordinance, which
30 was aimed at restricting the size of such signs to 16 square -
31 feet , and the time of display to four weeks prior to the
32 election and three days after, would be unenforceable.
33
34 Commissioner Gondorchin inquired if "activist" type signs
35 could be addressed in the ordinance.
36
37 The City Manager responded that these are protected by the
38 First Amendment in that they express a personal view.
39
40 The response from the City Attorney regarding amortization was
41 quite lengthy and detailed. Chairperson Faust felt the issue
42 of amortization was quite significant and should be discussed
43 at the October meeting of the Planning Commission.
44
45 The City Manager advised that the matter of the sign ordinance
46 is scheduled to be discussed at the September 1st Council work
47 session . He suggested a designee from the Planning Commission
48 should attend if so desired .
49
50
1 PLANNING COMMISSION
2 AUGUST 18 , 1992
3 PAGE 12
4
5
6 d. Status of Plannina Commission BY-Laws
7
8 Commissioner Madden inquired as to the status of the Planning
9 Commission by-laws .
10
11 The Management Assistant advised that Draft #2 was presented
12 to the City Council at the recent joint meeting of the Council
13 and Planning Commission . The Council _gave direction to the
14 City Manager regarding the final draft of the by-laws .
15
16 The City Manager noted that the City Council has requested the
17 City Attorney to review the draft and include all of the
18 recommended changes made by the Planning Commission. This
19 matter will be reviewed again at the October meeting of the
20 Planning Commission.
21
22 7 . COMMISSIONER' S COMMENTS
23
24 Commissioner Murphy inquired why the sidewalk behind the
25 football field in Central Park was not extended further.
26
27 The City Manager had no answer for this and sees no problem
28 with making this a project . He would suggest the funding come
29 from money realized from pull tab profit.s of the Athletic
30 Boosters . He noted that the Boosters have funded some other *
31 projects which included the soccer field, re-doing of ball
32- fields and new kiddie equipment .
33
34
35 8 . ADJOURNMENT
36
37 Motion by Madden, second by Gondorchin to adjourn the meeting
38 at 9 : 02 p.m.
39
40 Motion carried unanimously
41
42
43 Respectfully submitted,
44
45
46 Jo-Anne Student , Planning Commission Secretary
47
48
49
50
STAFF REPORT
DATE: October 8, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant)
ITEM: PUBLIC HEARING -- PROPOSED REZONING
BACKGROUND
Proposed rezoning from "C" to "R-1" the area north of the proposed new intersection at
Kenzie Terrace (currently the 2905 Kenzie Terrace area, 2700 Coolidge Street, and 2715
Coolidge Street).
Actions that have led up to this proposal are as follows:
(1) Neighborhood opposition to potential commercial development in the above defined
area.
(2) Potential development did not materialize due to market conditions.
(3) City Council moratorium adopted and resident input task force established to study
planning, zoning, and redevelopment issues in the above defined area and 2801 &
2812 Kenzie:Terrace.
(4) Resident task force met four times in late 1991/early 1992. Their input was reported
to the Planning Commission at its May 19, 1992 meeting. The Planning Commission
selected option D, the option also recommended by the task force.
(6) The City Council was presented with the task force's input and the Planning
Commission's recommendation. The City Council selected option D at its June 2,
1992 meeting.
(7) The Planning Commission further reviewed the land use issue at its June 16, 1992
meeting. The Planning Commission chose to study the land use issue separate from
option D. No decision was made due to further information needs.
(8) The Planning Commission further reviewed the land use issue at its July 21st meeting.
Staff provided additional information, as requested. The Planning Commission
recommended to the City Council that the most appropriate use was single family
residential.
(9) The Planning Commission, at its August 18, 1992 meeting, reviewed a proposal to
amend Saint Anthony's Comprehensive Land Use Plan for the above defined area
from commercial "C" to single family residential "R-1". The Planning Commission
recommended to the City Council to amend the Comprehensive Land Use Plan as
proposed.
(10) An application to amend the Comprehensive Land Use Plan in the manner described
above was submitted to the Metropolitan Council. The application (considered by
the Metropolitan Council to be a minor plan amendment) was submitted on July 30,
1992 and approved (by the 10 day initial review method) 10 days after submittal.
(11) The City Council approved the proposed amendment to the Comprehensive Land
Use Plan at its September 8, 1992 meeting.
STAFF REPORT
DATE: October 6, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: JOHN NOVAK, 2608 WEST ARMOUR TERRACE, VARIANCE REQUEST
FOR SIDE YARD SETBACK
BACKGROUND
The request is for a variance of one foot four inches from the requirement of a total of
fifteen feet in order to expand a single garage to a double garage.
The proposed addition is seven feet. The eave overhang is an additional 2.5 feet. Currently,
the home is fifteen .feet and eight inches from the side lot line. The proposed addition
would have the structure eight feet and eight inches from the side lot line. If the eave
overhang was included, the setback would be six feet two inches. However, on a attached
garage, the overhang is not a consideration. If it were, only three feet setback from the
overhang would be necessary.
Note: Additional drawings are available at City Hall before the meeting and will be
available during the meeting.
STAFF REPORT
DATE: September 28, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: HISTORICAL LOOK -- SIDE-YARD SETBACK VARIANCE REQUESTS
I have searched through the files since 1985 for side-yard setback variance requests. This
summary of those requests will be helpful for the current request the Planning Commission
and City Council must consider.
1985 3124 Silver Lake Road
Request: A variance from the setback requirements of the Zoning Ordinance to allow
construction .of a 23 foot X 26 foot garage and addition to the e)dsting
structure at 3124 Silver Lake Road. The proposed addition would allow for
a 6 foot setback on the north side and a 4 foot setback on the south side for
a total sideyard setback of 10 feet, where a total of 15 feet is required.
Planning Commission Recommend Approval - 4 to 2 vote - 2/19
City Council Approved - Unanimous - 2/26
Summary: Home was 750 square feet, only one car garage. Topographical concerns
required the garage and home addition to the side. Perception of sideyard
setbacks discussed -- prevent fire jump vs. passage of emergency vehicles.
1987 3412 Roosevelt Street Northeast
Request: A variance from the setback requirements of the Zoning Ordinance to allow
construction of an addition to the south.and west sides of the eadsting single
car garage to within 6'of the south property line where the Zoning Ordinance
requires a 10' setback.
Planning Commission Tabled - 3/17, Recommend Approval - Unanimous 4/21
City Council Approved - Unanimous - 4/28
Summary: Issue tabled for neighbors to work out various concerns. Drainage concerns
raised, were addressed. A suggestion of placing the garage addition in the
rear yard was not seen as viable, as a long driveway would cause runoff
problems. Precedents have been set for allowing double garages in that same
block and in fact, the new City Zoning Ordinance requires double garages for
all new construction.
Management Assistant Staff Report
September 28, 1992
Page 2
1990. 2609 Saint Anthony Boulevard
Request: To allow a one foot variance to the side yard setback requirements of the City
Zoning Ordinance.
Planning Commission Recommend Approval - 4 to 3 - 6/19
City Council Denied - 3 to 1, 1 abstain - 6/26
Summary: Detached garage. Proposed garage would be three feet from the property line
as required by the ordinance, however, the overhang of the garage would be
one foot into the three foot requirement. Garage width proposed was 24'.
The applicant preferred this width to 23' to handle boat storage. Due to his
preference, some Commissioners felt hardship was not met. Commission
approved as it does not create safety or visibility problems and conforms to
the City's preference for indoor storage of vehicles. City Council stressed
hardship. An argument was made that an utility pole in a difficult place
caused hardship due to garage size and placement. City Attorney felt there
was no hardship.
Fee:
(R-1............$ 60.00
Other.........$100.00)
CITY OF ST. ANTHONY
Petition for Variance
Applicant: 4/ A/o
rl
Address: a�6 G �'- 1/. A 2 at o vfe l� e -"J Phone: 7H— 3 ��
Status of applicant (owner, buyer, renter, agent, etc.):
Street address and/or legal description of property petitioned for variance: q
' — La — c ; / 365—
Gj4 y �//.vS
44&741 T� -Sac.T,'1 /9-? it% 77�fca o ,Qi�r> S's c.T�of a�yx
Zoning district in which property is located:
Request: S r a r:•� o�l�►titN i
Minnesota Statutes and City Ordinances require that the following conditions must be
satisfied for approval of this request. Please respond to these conditions using additional
sheets, if necessary.
1. Because of the particular physical surroundings, shape, or topographical
conditions of the parcel of land involved, the proposed variance would relieve an
undue hardship, as distinguished from a mere inconvenience, should the
applicable ordinance be strictly enforced.
2. The purpose of the proposed variance is not based exclusively upon a desire to
increase the value or income potential of the parcel of land, but would correct
extraordinary circumstances applicable to this property but not applicable to other
property in the vicinity or zoning district.
3. The alleged difficulty or hardship is caused by City Ordinance and has not been
created by any persons presently having an interest in the parcel of land.
Sig,ature of Applicant
09 * 100 . 0018
ATTACHMENT
We are filing a request for a 1' -4" variance in an effort to comply with a city ordinance and place
vehicles into an expanded garage from the current driveway. An increase value of the home is not
an objective since we intend to remain in the home for some period of time.
This expansion will enable us to place an entry way from the garage directly into the house,
therefore instead of going outdoors we have direct access into the house. This would be a great
asset to my wife who has a back arthritic condition, providing her with much better accessibility.
B. H. BRADLEY (yul-vey fbr- 11171Incty krulkly
CIVIL ENGINIZR ANO SURVEYOR
..x29•247 M AVENUE SOUTH
MINM[Apmes I.MIN"
PA*ICW 1t 1.2169
LV
ve
oil
CFO
9S ct48�
t� 4e x`,Ac 14M �.� #4 lM
IN
,>
� I
V
i
jh��e6y c��fify Acd IA,:i is of frelt
f je/f ful-f c/Ma Alex/ �O fcc�o:< _Gf�� /���c/fars�u�vi,;id) /Yo 36�
/�;i icy-//i r /�e .�,,c 11,4 /1.?,.-:pc/ 1e et c/n:�
vr-yc f-
- - •T'" -- emu' ...
t ��� �. , � tiF -n�y�'yh .�� . rT1 Lrl }�KJ1. �1 ...s. Yti.;', ,�I��j►!ll,.Z. '7� '• v-5,� � �.
' '. ^t.� 'h _Y�-r;.�i � � .. •f :`* /�. - .��Y��� ���l�1rs. L�'1��:.. -:e F.'I
lie
.16
Ji
LA
-J•
Hz
�.l
1G2
V a
I i
i
I
STAFF REPORT
DATE: October 7, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: ROAD RECONSTRUCTION TASK FORCE FINAL REPORT AND
PROPOSED ASSESSMENT POLICY
The City Council at its October 6th Work Session felt it necessary for the Planning
Commission to review and provide input to the City Council concerning the Road
Reconstruction Task Force final report and the proposed assessment policy. The review will
also allow the public the first opportunity to discuss this issue. The City Council will then
look for additional public input at the November 10th Council meeting.
CITY OF ST. ANTHONY
ROAD RECONSTRUCTION TASK FORCE
FINAL REPORT
The Road Reconstruction Task Force (RRTF) was created by the City Council to make
recommendations on improvements to the aging infrastructure and roads in St. Anthony.
The RRTF has examined funding alternatives, reviewed the assessment policy, and made
recommendations for change. The RRTF also made suggestions for a plan to educate
residents on the needs of the repairs.
The RRTF began on February 26, 1990. The Task Force has had discussions on
infrastructure concerns, taken a walking tour of the City to examine the condition of City
streets, and had engineers explain the Pavement Management Plan.
STREETS
The Task Force spent the greatest amount of time discussing what to do with the roads
in the City. The Task Force went on a walking tour, met with the Public Works Director
and met with consultants from Braun Intertec on several occasions to educate themselves
on what was needed in St. Anthony.
It was the consensus of the Task Force that the streets should be replaced with the same
type of surface materials as were used originally, i.e., bituminous with bituminous,
concrete with concrete. However, to better facilitate the process, the Task Force
recommended to the City Council that an engineer be hired to evaluate the condition of
the roads. The Pavement Management Program was completed in February of 1992 and
the Task Force reviewed the 10 year plan and confirmed the recommendations by Braun.
The Pavement Management Program has provided the City with a method of doing
ongoing evaluations of all the streets in the City. Braun has provided the first proposed
ten years of improvements, which will be reviewed annually.
RECOMMENDATION:
To adopt the Pavement Management Study and move forward with the first year
of improvements beginning in 1993.
WATER
The City should examine the need to replace watermains when the streets are replaced.
A flow test should be.taken on each street replacement project to determine if there is
Road Reconstruction Task Force
Final Report
September 21, 1992
Page 2
cause for replacement. City records of all recorded waterbreaks should also be used in
establishing the criteria for watermain replacement. Inspection of all gate valves should
be part of all street improvements and replaced as needed. As part of all construction
projects, fire hydrants for which parts are no longer available should be replaced (Wood
hydrants).
SANITARY SEWER
The City is active in televising its sewers as part of routine maintenance. Records should
be reviewed to determine which areas may need the sanitary sewer lines replaced. When
the streets are replaced, manholes need to be repaired and brought back to the same
level as the street.
The Task Force acknowledges that many homes in the City have sump pumps connected
directly to the sanitary sewer. The Task Force would support an ordinance which would
allow the City to inspect properties at the time of sale and enforce separation. This would
help to relieve some of the sanitary sewer problems experienced during heavy rains. This
will be part of the Housing Maintenance Code.
STORM SEWER
A primary focus of the Task Force was the southern part of the City after the March, 1990
storm that caused flooding in the area. The Task Force did not spend time trying to
analyze this problem since the City had hired the services of Barr Engineering to study
and make recommendations on the problem.
RECOMMENDATION:
Implementation of a storm sewer utility charge is recommended by the Task Force.
This utility will charge all property in the City a fee for storm water run off. The
funds will be used to repair aging storm sewers as well as maintain existing and
add new sewer lines. The storm sewer utility policy has been reviewed by the City
Attorney and Barr Engineering, and is ready for formal adoption.
The Task Force also recommends that all streets planned. for improvements be
televised during he design phase of street improvements to determine if repairs
9 9 P P P
or replacements are needed.
Road Reconstruction Task Force
Final Report
September 21, 1992
Page 3
SIDEWALKS
The Task Force reviewed existing sidewalk locations and discussed locations for
additional sidewalks. Streets with the greatest traffic volume that warrant sidewalks are
typically under the jurisdiction of the Counties, but should have priority. The attached
map shows the locations the Task Force has identified for additional sidewalks. Sidewalk
locations have been selected to reduce potential problems between high traffic areas and
pedestrians. Properties along the designated route should be required to install the
sidewalk at the time vacant property is developed.
ASSESSMENT POLICY
Braun Intertec prepared a new assessment policy for the City in conjunction with their
work ,on the pavement management analysis. The Task Force reviewed the City's
assessment policy and made recommendations for the length of time on assessments
and the percentages that will be assessed to the property owners.
RECOMMENDATION:
The Task Force recommends adoption of the assessment policy with the following
assessment rates:
Road Improvements: Assessed at 50% of the cost for all property, except
residential (R-1, R-1 A, R-2, and R-2) on an MSA road will not be assessed. Alleys
will be assessed at 100% of the cost and will be divided among the benefitted
property.
Storm Drainage: The Task Force recommends 100% of the cost be paid for from
the storm sewer utility.
Sanitary Sewer and Watermains (laterals): The Task Force recommends 100%
of the cost will be divided among the benefitted property.
Sanitary Sewer and Watermains (trunk/subtrunk): The Task Force recommends
100% of the cost be paid for from the Utility Fund. All new lines be assessed at
100% of the actual cost.
Sidewalks: The Task Force recommends 100% of the cost for residential (R-1, R-
1 A. R-2, R-3 and R-4) be paid for from ad valorem taxes (General Fund).
Commercial and industrial property should be assessed 50% of the actual cost.
u NcW BrIO7�[ON M
•M..YN
1
I
1
N
•••• MEW BNIONION
h
1 A•K M[ v 1 =
� N �
M
Y N
N!N a Ca [o.:o-o
--jUL]
71 � d r J wrr�AwMat •vL F-/. g •Y.
e 1 u•'
S
�a�oo Avg
AVE
J
m J
JA
L�v I sia
/7I k0 •IIN .N
A 7
-AYL 21 4�e. Y u • • S :)
svo.
r
�I_JITL.J� Ifl p � _�• .
ern
u.ne
IheoJ '.I
MINNEAPOLIS f as
PROPOSED
� SIDEWAtIt LOCAy141Y5
I� M
CITY OF ST ANTHONY
ASSESSINIEN'T POLICY
ASSESSMENT PERIOD:
Sanitary sewer 10 years
Water main 10 years
Storm sewer 10 years
Street construction 10 years
Street resurfacing 10 years
Sidewalks 10.years
For several improvements in the same project, the assessment will be 15 years. No assessment for a
single improvement will exceed 10 years.
UPGRADING OF PUBLIC ROADWAYS
For street paving and reconstruction, 50% of the cost for.a project will be obtained from sources
other than ad valorem taxes.
All property will be assessed on the basis of front footage as specified below. Non tax-exempt
property zoned R-1, R-lA, and R-2 is assessed a.minimum of 50% of the actual cost for a 7-ton, 32
ft wide pavement with concrete curb and gutter and routine drainage. The above property will be
assessed for this type of roadway even if the width or strength is greater. All tax-exempt property
regardless of zoning class, such as, but not necessarily limited to schools, churches, parks, and
government land, will be assessed on a front footage basis at 50% of the cost of a 7-ton, 32 ft wide
pavement (even when heavier roads are constructed). All property not covered in the above is
assessed on a front footage basis at 50% of the cost for the specific type of roadway on which they
abut. In addition to the costs above, all property may be assessed a proportionate share on a footage
basis for expenses such as right of way and easement acquisition needed for that segment of the
project including the roadway abutting the property.
ALLEYS
Totally assessed (100%) on a front foot basis to abutting properties.
CONDOMINIUMS - RESIDENTIAL
Assessments above are spread by dividing them equally among the units.
The assessments are not divided by the percentage of space per unit.
1
CONDOMINIUMS - COMMERCIAL
Assessments above are spread by dividing them according to the percentage of interest in
common elements.
MINNESOTA STATE-AID ROADWAYS
Non tax-exempt property zoned R-1, R-IA, R-2 and R-3 which abuts Minnesota State Aid (MSA)
streets shall not be assessed for improvements of such streets. All such work will be covered 100%
by Minnesota State Aid funds. All tax-exempt property regardless of zoning class, such as, but not
necessarily limited to schools, churches, parks, government land, will be assessed on a front footage
basis at 50% of the cost of a 7-ton, 32 ft wide pavement (even when heavier roads are constructed).
All property not covered in the above is assessed on a front footage basis at 100% of the cost for the
MSA roadway on which they abut.
STORM DRAINAGE
Improvement costs for storm drainage shall be paid for wholly out of the storm drainage utility fund and
riot assessed to benefitted properties.
SANITARY SEWER AND WATER MAIN Laterals
Sanitary sewer and water main laterals are assessed on a front footage basis with all types of land and
zoning being identically assessed. The assessment for corner and odd-shaped lots follows the same
formula as that stated in the public roadways section. The amount of 100% of the total cost will be
divided among the benefitted property.
SANITARY SEWER AND WATER MAIN Trunk/Subtrunk .Lines
Improvement costs for sanitary and water main trunklsubtrunk lines shall be paid for wholly out of their
respective utility funds and not assessed to benefitted properties: New lines will be assessed at 100% of
actual costs.
NON-MOTORIZED PATHWAYS (SIDEWALKS)
Assessments for non-motorized pathways shall not be assessed-to residential property abutting the project
but shall be covered 100% by ad valorem taxes. Commercial and industrial property abutting the project
shall be assessed at 50% of the actual cost.
2
METHODS FOR DETERMINING FRONT FOOTAGE
ODD-SHAPED LOTS (cul-de-sacs
or lots are that are 4 sided) CUL{DE-SAC and FOUR SIDED ODD SHAPED LaOTS
Front footage equals the area of the Assessable front footage •
g Area divided by the average of the two sides
lot divided by the average of the
119 R
two depths. See Figure 1.
46
1292 R R ApE1• q
187 R
18
Example:
(112 + 185)/2 1483 ft
12920/148.5 • 87 R
Figure 1.
ODD-SHAPED LOTS (With more ODD SHAPED LOTS-GREATER THEN 4 SIDES
than 4 sides)
ASSESSABLE FRONT FOOTAGE
Front footage equals the area of the AREA/AVG. DEPTH 40.8 R
lot divided by the average depth of 0 R
lots in the immediate vicinity. See Mm avenge depth Is Ow
Figure 2. �°' �'°"In
Area- 10,090 aq R
EXAMPLE:
M Ow avenge tot depth 64 R 112.8 R
U dw tnrnedlate vectnaT is
90 R then:
FRONT FOOTAGE.
10.090190. 11x.1 R 91.2 R
Figure 2.
3
CORNER LOTS
CORNER LOTS
Front footage equals the dimension
of the sorter side plus one-third of AVENUE t60
the long side if work is done on AsSE39ANA FRONT FOOTAGE- "
both streets. If work is performed FRONT+us THE SIDE TARO M It STREET
on the short side, front footage
equals the short side. If work is 1.Work on Street: Assessable footage-e0 fL
done on the long side,front footage
equals one third of the. long side. Z.work on Avenue: AsseaaaWe footage-150/3-50 fL
See Figure 3.
3.Work on Street and Avenue:
Assessable footage=80+150/3 a 130 ft.
Fgure 3.
CORNER LOTS (With curves)
CORNER LOTS WITH CURVES
Front footage is determined for
corner lots with curves As in corner AVENUE
lots above but with 1/2 of the curve 95 R r 62.8 R
length applied to the short side of •,•�
the lot and 1/2 of the curve length 70 R
applied to the long side of the lot.
See Figure 4. 35 ft STREET
135 ft
112 of the curve Is applied to the street
and 1/2 the curve Is applied to the avenue
Street length Is: 35 + 62.8/2 - 66.4 R
Avenue length Is: 95 + 62.8/2 - 126.4 R
The comer lot assessment Is then applied
Figure 4.
4
DOUBLE FRONTAGE LOTS
DOUBLE FRONTAGE LOTS
Front footage is determined similar STREET A
to a corner lot. Work on one street It
is assessed full length while the ��
other street is assessed 1/3 of its
length. See Figure 5. ASSESSABLE FRONT FOOTAGE 140 R 140 n
b"` 19 TREATED AS A CORNEA LOT
loo a
STREET B
1.Work on Street A:Footage.100 R
Z Work on Street B:Footage'.1DO/3-33.3 R
3.Work on both A and B:Footage- 100+ 100/7- 133:3 R
Figure S.
SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS
ESTABLISHMENT OF DEFERRAL: Pursuant to Minn. Stat. 435.193 et seq.,.special assessment
installment payments payable by senior citizens and persons retired by virtue of permanent and total
disability are deferred if payment of such installments would create a hardship.
CRITERIA: In determining whether or not a person is eligible for deferral of special assessment
installment payments, the following criteria are established.
SENIOR CITIZENS:
Senior citizens special assessment deferral applies to qualifying special assessments against all
properties classified as "homestead" pursuant to Minn. Stat. Chapter 273, where one or more
of the owners of such property is 65 years of age or older and it would create a hardship for
the owner or owners of the property to pay the special assessment installments as they,become
due.
The senior citizen shall be required to prove eligibility for.this special assessment deferral on
the basis of age.
PERSONS RETIRED BY VIRTUE OF PERMANENT AND TOTAL DISABILITY:
The special assessment hardship deferral for persons retired by virtue of permanent and total
disability applies to special assessments levied after the date of the adoption of this resolution.
This special assessment hardship deferral applies to qualifying special assessments against all
properties classified as "homestead" pursuant to Minn. Stat. Chapter 273 where one or more
of the owners of the property is retired by virtue of a permanent or total disability and it
would create a hardship, for the owner or owners of the property to pay the special assessment
installments as they become due.
5
It shall be presumed that a property owner is retired from employment by virtue of a
permanent and total disability if:
a). The individual has in fact retired from employment; and
b). The individual suffers from the total and permanent loss of the sight of both eyes, the
loss of both arms at the shoulder, the loss of both legs to close to the hips that no
effective artificial members can be used, complete and permanent paralysis, total and
permanent loss of mental faculties, or any other injury which totally incapacitates the
person from working at an occupation which brings an income.
The owner of the properties must provide proof and verify under oath that he qualifies under
the criteria defining a permanent and total disability. In cases where exceptional and unusual
circumstances exist, the City Council may determine that a permanent and total disability
exists despite the fact that the definitional requirement of Section 2, B (3) are not met; such
cases shall be decided by the Council on a case by case basis.
HARDSHIP: It shall be presumed that a hardship exists, if.
a). The annual assessment installment exceeds 1 percent of the previous year's total
adjusted gross incomes, for Federal Income Tax purposes, for all owners of the
property; in no event shall "total adjusted gross income" include social security
benefits, railroad retirement benefits, retirement benefits attributable to employee
contributions, disability benefits , personal injury awards or workers' compensation
payments.
b). All live owners of the property verify, under oath, that they meet the criteria for
establishing a,hardship by completing an application provided by the City or the
County.
In cases where exceptional and unusual circumstances exist, the City Council may determine
that a hardship exists despite the fact that the minimum income requirements of Sections
Hardship are not met; such cases shall be decided by the Council on a case by case basis.
INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at a rate
equal to the rate charged on other assessments for the particular public improvements project the
assessment is financing.
TERMINATION OF DEFERMENT: The option to defer the payment of special assessments
pursuant to this document, shall terminate and all installment amounts previously deferred, plus
applicable interest, shall become due upon the occurrence of any of the following events:
a). The request of the property owner.
b). The death of the property owner who qualifies for the deferral, providing the
surviving owner is otherwise not eligible for the deferral.
c). The sale, transfer or subdivision of the property or any part thereof.
d). The loss of homestead status for the property,
e). The City determines that a hardship no longer exists.
6
APPLICATION FOR DEFERMENT OF SPECIAL ASSESSNIENTS
To the City Council of St Anthony, Minnesota.
(Applicant) being first duly
deposes and states:
1. That Applicant is the owner of the following described real estate located in the City
of St Anthony, Minnesota:
2. Pursuant to Minn. Stat. S435.193, et. seq. and the St Anthony Assessment Policy,
Applicant requests deferral of the payment of special Assessment for the
Improvement.
3. In support of this request, Applicant represents as follows:
a. Applicant is over 65 years of age;
b. Applicant is permanently and totally disabled as follows:
C. Applicant's adjusted gross income is $
4. Applicant declares that the foregoing information is true and correct and agrees to
immediately inform the St Anthony City Administrator should any of the foregoing
information change, and agrees that if the deferral is granted, Applicant will
immediately upon termination of the deferral pay to the City the deferred assessment
with interest.
Dated:
Applicant
Subscribed and sworn to
before me this day
of , 19
Notary Public
STAFF REPORT
DATE: October 6, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: CONCEPT REVIEW -- PROPOSED CENTRAL PARK IMPROVEMENTS
BACKGROUND
The Saint Anthony Sports Boosters, through their charitable gambling operation, have
proposed to donate money in order to make substantial improvements to Central Park. The
City is extremely grateful for this generous offer. At first, some residents in the community
had good ideas but did not consult with the City. The City Council and staff believe that
before any work is to be done, the review is necessary. In addition, this project should be
combined with the Community Center facility planning process. In this way, community
input will be received.
RECOMMENDATION
The proposal you see (larger drawings will be available at the meeting) is a first idea. The
Planning Commission should review the idea and provide input.
FOOTBALL
BASEBALL :.
TRACK
UM
:TOT LOT:
�./ \• e ! ' .,-"1 ��il/1TIRlli'INFihLD ` .J' _.�—T��:"� y�4
_mil .. � .\ wi�rf��. �r.,•..-�, .. _ ,,,
—
. PAR ING
\ /
r a'a a 1dSLf l 1 1
l.. "_..._ _—_...___ ._-._�\..•''\- \, .,1ti u // sir •. _-._��,�.
TOT ;LOT y �.
1AF� 11[1• f y- �u::,:,_•.='f''i. ,— "
STAFF REPORT
DATE: October 9, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: PROPOSED PARKING ORDINANCE
BACKGROUND
The proposed parking ordinance was referred to the Planning Commission for further review
and input for its August meeting. The Planning Commission tabled review of the issue until
the October meeting. Previous reports regarding this issue are included for Planning
Commission review. In addition,parking ordinances from Fridley, Rochester, and Edina are
included. These cities were selected, as they have provisions that are similar to the
proposals that have been discussed in Saint Anthony.
RECOMMENDATION
Upon further review and discussion, provide further input as to a possible means the City
Council could address the issue at hand. Another option could be to establish a Planning
Commission subcomittee to study the issue and report to the Planning Commission at a later
time. The Sign Ordinance subcommittee was successful, so this option might be likewise.
STAFF REPORT
DATE: August 7, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: CITY COUNCIL REQUEST FOR FURTHER INPUT ON PROPOSED
PARKING ORDINANCE
BACKGROUND
The City Council formed an Ad hoc Committee on the proposed parking ordinance in order
to develop more consensus in the community as to the appropriate means to address this
issue. There are six members on the committee, three from each point of view. A
representative from the Office of Dispute Resolution was brought in to facilitate the
consensus building process. The results of this process are included with this staff report in
the form of a memorandum from the City Manager to the City Council.
The City Council, after reviewing the report on the status of the Ad hoc Committee,
referred this matter to the Planning Commission for further review and input.
RECOMMENDATION
Upon further discussion, provide further input as to a possible means the City Council could
address the issue at hand.
STAFF REPORT
DATE: July 22, 1992
TO: Mayor & Councilmembers
FROM: Thomas D. Burt, City Manager
SUBJECT: Status of the Ad hoc Committee on Parking Ordinance
There was a clear consensus of the committee that members are pleased and proud of their
community and would like to preserve it. The committee also agreed that they would like
to see their neighborhoods clean and a.standard developed defining a minimum level.
There was agreement that the City was visually in good.condition (image) and there are only
a few residents who do not have the same sense of community and do not maintain their
property at a residential norm.
The committee had the following ideas as possible ways to accomplish the issue of image
and neighborhood aesthetics versus the proposed parking ordinance.
- Property Maintenance Code: The City is working on a housing maintenance code
that establishes a minimum standard for housing and yard maintenance. Members
felt this could'be expanded to include all property maintenance. A suggestion was
made to add a provision that would say Any property located withbi the confuses of
the property lazes must be kept ui a neat and orderly manner. Staff will work with the
City Attorney to look into this idea-to define such a statement. This would be similar
to the City's nuisance ordinance.
- Require Permits: A suggestion was made to require all properties with commercial,
recreational vehicles, recreational and utility trailers or watercraft to get a permit
from the city. This could possibly require the neighbor to discuss the location of such
vehicles and how it would be screened, the length of time it would be parked there,
the method of how it would be stored (ie. tarp, etc.) and establish a minimum level
of maintenance. The committee had concern on the dollar amount of a permit and
suggest the permit,be at no cost or a minimal charge to cover administrative costs
($5.00).
The permit would be an agreement of how the property would be stored and
maintained.When application is made, they would be given information on frequent
problems «rith suggestions on how to prevent them (ie. screening, off site seasonal
storage, etc.) Applicants requesting a permit could not be turned down unless they
have not lived up to their agreement.
Vehicles used as a condition of employment, ie. Minnegasco, etc., would be exempt
from the permit process.
- Beautification Committee: This would be a committee appointed by the City
Council to handle complaints between neighbors and resident complaints on the
appearance of another's property. Members of this committee,would meet with the
property owners to discuss ways to resolve the issue. If the committee could not
reach some form of agreement, then the services of a professional mediator would
be used (Dispute Resolution).
- City Mediation: The committee suggested a variation of the beautification
committee by having the City staff make initial contact in neighbor complaints. Staff
would meet with neighbors to discuss issues identified and try to resolve the conflict.
If unable to do so, or if it is a legal issue, the services of Dispute Resolution would
be used.
r .
The committee agreed that to be a good neighbor there will always need to be a level of
tolerance between neighbors, due to the diverse population of the City.
The committee has agreed to forward all four ideas to the City Council with the idea that
any one or a combination of the suggestions could be used.
January 11 1983 shall have a basement except if located in a 205.07.06
r flood plain, area. Fr I d l e
y
5. PARxn& PARKA&
A. General Provisions. RF7QUIIiFMQTIS
(1) A miniiriulu of two (2) off-street parking stalls shall be
provided for each dwelling unit.
(2) The required parking stalls shall not be located in any
portion of the rewired front yard except on a driveway or
hardsurfaced parking space approved by the City.
(3) All driveways and parking stalls shall be set back
three (3) feet frcun any property line except as agreed to in
writing by adjacent property owners and filed with the City.
B. Garage Requirements.
(1) All lots having a minimum lot area of 9,000 square feet
or resulting from a lot split shall have a double garage.
(2) All lots having a lot area less than 9,000 square feet
and greater than 7,500 square feet shall have a single
garage.
(3) The above requirements shall satisfy the off-street
parking stall requirement.
6. FM OT44ANCE ST MUMS PERFOMANCL
SEMLARM
A. Parking Requirements.
(1) Existing Facilities:
(a) At least one (1) off-street parking stall shall be
provided for each dwelling unit.
(b). The required parking stall shall not be located in
any portion of the required front yard, except on a
driveway or hardsurfaeed parking space approved by the
City, and set back a minimum of three (3) feet from the
side property line, except as agreed to by adjacent
property owners.
(c) A garage shall satisfy the off-street parking
stall requirement.
(2) All driveways and parking stalls shall be surfaced With
blacktop, concrete or other hard surface material approved -
by the City.
B. FScterior Storage.
(1) Nothing shall be stored in the required front yard.
'(2) All materials shall be kept in a building or shall be
fully screened, so as not to be visible from any public
right of way except for stacked firewood, boats, and
trailers placed in the side .yard. .
(3) The City shall require a Special Use Permit for any
205.R1-t
City of Fridley Parking Ordinance
Discussion -- June 29, 1992, 11:00 A.M.
-- RVs in the front yard are allowed if on a paved/gravel driveway surface
-- RVs are treated as operable vehicles, like a car, so they must be licensed and operable
-- Watercraft and utility and recreational trailers are allowed in the side and rear yard-only
-- Watercraft and utility and recreational trailers are treated differently, as they are licensed
differently
2) Accessory Apartments: Accessory apartments are permitted in
existing one family detached dwellings if the following
requirements are met:
a) The dwelling is owner occupied.
b) One paved on-site parking space for the accessory apartment is
provided.
c) The unit' shall meet one of the following criteria: a) it
shall not exceed 600 square feet in size,. or b) it shall not
have more than one bedroom.
d) Entrances for an accessory apartment in dwellings constructed
after the effective date of the ordinance shall not be placed
on the building front; no new entrances shall be established
along the building front of an existing dwelling to serve an
accessory apartment.
e) The total number of adults that may occupy an accessory
apartment is two.
f) An accessory apartment may not be established where a home
occupation is already located on the property except through
approval of a Type II Conditional Use Permit.
3) Boarders: In the R-3 and R-4 Districts a dwelling designed as a
one family dwelling and utilized as a rental unit may be used to
house the number of individuals approved by the housing official,
with the stipulation that one additional off-street parking space
is provided for each sleeping unit beyond the fourth.
4) Rear Dwellings: In the R-1 or R-2 district, a building to the
rear of an existing principal building may be used for residential
purposes only if it conforms to all the lot area, yard,
landscaping area and off-street parking requirements of the zoning
ordinance. For the purpose of determining the front yard in such
case, the rear line of the required rear yard for the principal
building in front shall be considered the front -lot line for the
building in the rear. In addition, there must be provided for any
such rear dwelling an unoccupied and unobstructed accesswa to a
public street of no less than eighteen (18) feet in width.
5) Private Swimming Pools . and Tennis Courts: No swimming pool or
tennis court shall be allowed in any residential district unless
it complies with the following requirements:
a) The pool or court is not operated as a business or private
club, except when allowed as a permitted home .occupation.
b) It shall not be located in any required front or required side
yard, and shall not be closer than ten ' (10) feet to any
property line of the property on which it is located. Puap
and filter installations for pools shall not be closer than
twenty (20) feet to any property line .
135 - December 19, 1991
1) For a below grade swimming pool, the pool or the property
upon which said pool is located, shall be. enclosed by a
fence of a type which effectively controls the entrance by
children to the pool area, said fence to be at least four
(4) feet in height. Wooden fences with boards placed
vertically shall- not have any opening wider than four (4)
inches per opening and wooden fences with boards placed
horizontally shall not have any opening wider than one (1)
inch per opening.
2) Gates installed for access to the property or pool area
shall be equipped with an automatic closing and latching
device to protect against uncontrolled access to the
property.
3) For an above grade swimming pool, the pool shall be
equipped with an automatically retractable type ladder, a
retractable ladder,- or a removable ladder or shall be
fenced- in accordance with Paragraph 62.278(5,b,1) said
ladder to be removed or retracted when said pool is not
being attended.
4) If access to the pool is via a deck or porch, then no
access from the' ground is permitted to the deck area
unless the property or -the ground access to the deck is
fenced in accordance with Paragraph 62.278(5,b,1) .
5) It shall be the responsibility of the property owner upon
where said pool is located to maintain all fences, gates
and closure devices in good operating condition.
6) Failure to maintain fences, failure to have gates closed,
or failure to either remove or retract the ladder access
to the pool shall constitute a violation of the Zoning
Ordinance and therefore be subject to the penalties
contained therein.
c) Enclosed Pools and courts shall be considered to be structures
for purposes of regulations limiting lot coverage.
6) Fuel Tanks: An accessory fuel tank may be permitted in any zoning
district for the purpose of heating on-site structures. Such fuel
tanks shall be located in the buildable area of the lot or the
required rear yard, subject also to the fire. protection
regulations, and shall be screened from adjacent properties with
low hedges, evergreens or other plant materials in association
with a fence.
7) Recreational Vehicle Parking; The parking and storage of
recreational vehicle and recreational equipment on a lot is
permitted subject to the following restrictions:
a) Parking and storage is permitted at all times within an
enclosed building or within the rear yard;
136 - December 19, 1991
237 b) Recreational vehicles under 18 feet in length and 7 feet in
height, or recreational equipment under 18 feet in length, may
be parked in a driveway or a required side yard meeting the
provisions of Paragraph 63.455, on an unlimited basis between
April 15 to October 15;
c) Other recreational vehicles or recreational equipment shall
not be parked in any driveway, side yard or on a street for
more than four days during any seven day period.
8) Related Service Facilities: "Related service facilities" are
accessory uses which include: snack bars, restaurants,
cafeterias, and other eating establishments; barbershops, beauty
shops, gift shops, newsstands, office supply sales, duplicating.
services, and similar retail stores and services; swimming pools,
tennis courts, playgrounds, playfields, meeting rooms, exercise
rooms, saunas, gymnasiums, and similar recreational facilities;
dispensaries and similar health care facilities; and self-service
laundry and dry cleaning drop-off facilities. It does not include
adult entertainment or uses which are allowed as a general use in
the district. No permit shall be issued for a related service
facility unless:
a) The facility is accessory to a principal use which provides
living facilities, employment, or overnight accommodations for
a significant number of persons, such as a multifamily
dwelling, office or institutional building, manufacturing
plant or research facility, or hotel.
b) The gross floor area of all retail and service facilities
within a multifamily dwelling shall not be greater than
twenty-five (258) percent of the gross floor area of all the
dwelling units therein or 4,000 square feet, whichever is the
lesser. . All facilities located within a dwelling in the R-4
District or Central Development Core are exempt from this
requirement.
c) The facility shall be operated only for the residents,
employees, or guests of the principal use and their guests.
When provided in. the R-4 District or Central Development Core,
such facilities are exempted from this requirement and may be
open to the public on a fee or other basis.
d) In the R-1, R-2 and R-3 Districts, the facility shall not have
direct outside access through a wall by way of a door. No
storage, or display shall be visible from outside the
building. When provided under the density bonus provisions of
the high density residential districts, retail sales and
service uses, indoor recreational facilities, restaurants,-
theatres, nightclubs, and similar entertainment uses, and
health care facilities are exempted from this requirement.
e) Permitted signage shall not exceed Standard R in the R-1 or
R-2 Districts, or Standard A in the R-3 or R-4 Districts, as
defined in Section 63.220
137 - December 19, 1991
9) Management and Sales Office: In any Performance Residential,
Multi-Family Residential, or Manufactured Housing development one
dwelling unit may be devoted to use as an office for management of
the development or as a headquarters for sales of other dwelling
units in the development. One freestanding sign not to exceed six
p ermitted for identification
shall be
(6) square feet in size
purposes. Off-street parking equal to that required for office
uses shall be provided.
62.280 SPECIAL RESIDENTIAL SETBACK PROVISIONS: This section identifies
unique yard or setback regulations applicable to certain types of
residential development
62.281 Side Yard Reduction: One side yard for a single family detached
dwelling or duplex may be reduced below the requirement for side yard,
least width, specified in the zoning district tables when the
following conditions are met:
1) The sum of the reduced side yard and the opposite side yard shall
meet or exceed the requirement for side yard, sum of least width,
specified in the zoning district table for the applicable zoning
district.
2) Where an existing dwelling on the lot adjacent to the reduced side
yard is located closer than the requirement for side yard, sum of
least width, specified for that use a minimum building separation
of 12 feet must be maintained between dwellings.
3) Where an applicant is developing multiple adjacent lots under the
regulations of. this paragraph, the minimum building separation
between dwellings on adjacent lots under the applicants control
shall be 10 feet.
. 4) No dwelling developed under the regulations of this section shall
be located closer than five feet to an existing accessory
structure or garage on the lot adjacent to the reduced side yard.
5) The applicant shall record or cause to have recorded a covenant or
deed restriction on all properties which abut the reduced side
yard which provide for the establishment of an easement four feet
in width adjacent to the structure (which may be split between the
adjacent properties) , which shall provide 1) rights of access to
the abutting property for the purpose of construction,
reconstruction, repair and maintenance of the building with the
reduced side _ yard; 2) provides for necessary encroachments of
footings and eaves onto the adjacent property within the easement
area.
6) No garage or other accessory structure shall be placed upon the
easement area once established and recorded.
62.282 Cluster Development: The Cluster Development provisions are intended
to provide an optional set of development regulations for owners who
wish to create a subdivision utilizing common areas of land while
retaining the overall density that would have been realized if the
138 - December 19, 1991
TYPE OF PARKING
Size of Car Short Term Long Term
Small 7' 6" x 15' 0" 7' 3" x 15' 0"
Standard 8' 8" x 17' 0" 8' 4" x 17' 0"
• 63.454 Aisle Widths: The following schedule identifies the minimum aisle
widths to be utilized within a parking facility based on the angle of
parking provided and whether 'the aisle services one-way or two-way
vehicular traffic.
Width of Aisle Width of Aisle
For One-Way Traffic For Two-Way Traffic
Serving Serving
Angle Standard Standard
of Size Small Size Small
Parking Cars Cars Cars Cars
Parallel 10 FT. 8 FT. 21 FT. 14 FT.
30 10 FT. 8 FT. 21 FT. 14 FT.
45 12 FT. 10 FT. 23 FT. 16 FT.
60 18 FT. 12 FT. 25 FT. 18 FT.
90 22 FT. 15 FT. 25 FT. 18 FT.
In all cases where an aisle serves two or more angle of ,parking or two
sizes of car, the largest minimum aisle width shall apply.
63.455 Parking Setbacks: Off-street parking spaces may be located on a lot
according to the following rules:
1) In a Residential District:
a) In the rear yard;
b) In a side yard if the yard is at least eight (8) feet in width
and the parking area is maintained with an all weather,
durable surface.
c) In a front yard or side street side yard on an established
driveway. One additional space may be provided outside of the
driveway, but not in that part of the front yard in front of
the dwelling located upon the lot, if the following conditions
are met:
1) Such space is improved with an all weather surface.
2) The area of the space does not cover more than 20 percent
of the front yard or side street side yard.
3) Access to the space . is from the driveway and not the
result of a separate or wider curb cut.
272 - December 19, 1991
4) The space is landscaped along the side away from the
established driveway with a minimum of five shrubs meeting
the requirements of Section 63.154.
d) The zoning administrator may permit the encroachment of
circulation aisles into the front yard for a multifamily
residential use when such arrangement will permit the
development of a larger, more usable open space on the site.
Such aisles shall not cover more than 50 percent of the front
yard and shall not be closer than eight (8) feet to the
right-of-way line. Landscaping shall be provided between the
aisles and the right-of-way equal in intensity to Bufferyard D
as defined in Paragraph 63.265 for every 65 feet of frontage.
A berm at least four (4) feet in height may be substituted for
required canopy and understory trees.
2) In a Nonresidential District:
a) In the rear yard or side yard.
b) In the front yard or side street side yard to within eight (8)
feet of the right-of-way line. The eight foot strip shall be
landscaped with a minimum of one shrub for every five' (5)
linear feet of frontage which can be grouped together into
designed planting areas. The shrubs shall meet the minimum
size requirements of Section 63.150. The eight foot width may
be reduced where a berm a minimum of four feet in height or a
hedgerow meeting 'the requirements of Sec ion 63.140 is
provided. r 5\&e�, Stfte-T .y�r
c) Parking in the front yard of a nonresidential district which
is within 50 feet of an adjacent - front yard or side street
side yard in a residential district shall not be closer than
20 feet to an established street right-of-way line.
63.456 Screening: When parking areas for more than six' vehicles are
developed on a lot adjacent to a lot zoned R-1, R-2 or R-Sa, or used
for single family detached, single family attached, duplex, church,
school, or Type I Group Residential Care, screening equal in magnitude
to Bufferyard G as defined in paragraph 65.711 shall be established
along the property line to screen the adjacent use from the parking
area.
63.457 General Design Requirements: The - following requirements shall apply
to all off-street parking except that fcr one and two family dwellings:
1) Parking spaces, aisles and driveways shall be paved with asphalt
or comparable all-weather, dust free surfacing.
2) Parking areas shall have provision made for =the on-site collection,
of drainage to eliminate sheet flow of such waters onto sidewalks,
public right-of-ways and abutting private property.
273 - December 19, 1991
Cary of Edina
DRAFT Misdemeanors and Nuisances
occupancy including but not limited to campers, motorhomes, mobile homes, pickup
campers, camping trailers, tent trailers and travel trailers.
Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by
skis or runners.
Special Purpose Trailer. A trailer having a gross vehicle weight of less than 1500
pounds. Special purpose trailers include utility trailers, boat trailers, snowmobile
or ATV trailers.
1045.02 Parking or Storage of Commercial Usage Vehicles,Inoperable Vehicles and Vehicle
Parts. Commercial usage vehicles, inoperable vehicles, or any part or equipment
appurtenant to any vehicic shall not be:
A. Parked or stored outdoors on lots in residential districts.
3. Parked or stored outdoors on lots in non-residential districts for more than 48
hours.
Provided, however, vehicles and equipment used for maintenance,.repair, or construction
on the premises may be parked on the premises during the period of work.
7�raIJerS
1045.03 Parking or Storage of Recreational Vehicles, Boats, Apfs, Snowmobiles, etc.
Recreational vehicles, boats,ATVs,snowmobiles,special purposqozhicbn or other vehicles
designed or used for off road purposes may be parked or stored in a garage or lawfully
erected building, or may be parked or stored outdoors as follows:
Subd. 1 Lou in R-1, R-2, PRD-1 and PRD-2 Districts.
A: No more than two such vehicles, not more than one of which is a
recreational vehicle, shall be parked or stored outdoors on each lot. For
purposes hereof, a vehicle on a trailer shall be considered one vehicle.
B. Any such vehicle parked or stored outdoors shall be owned or leased by
the occupant of the premises where parked or stored.
C. Any such vehicle shall not be parked or stored within five feet of an
interior.side lot line, within 25 feet of a rear lot line, or within the required
front street setback or side street setback as defined by Section 850 of this
Code.
D. Any such vehicle shall not be parked or stored closer to the buildable
area for a principal building on an adjoining lot than to the.principal building
on the lot where parked or stored.
1045 - 2
U!S% J• i+ 1�.'Jo FAA a I Ivy.l ..
RAFT Nuisances
City of Edina and
Section 1045 - Parking and Storage of Vehicles, Equipment.
1045.OI Definitions. Unless the context clearly indicates otherwise, the following words
and phrases have the meanings given in this Subsection:
I
All Terrain Vchicles (ATV). A motorized flotation-tired vehicle of not less than three i
low pressure tires, but not more than six tires, that is limited in engine displacement
of not less than 800 cubic centimeters and total dry weight less than 600 pounds.
Boat. Any contrivance used or designed for navigation on water.
Commercial Usage Vehicles.
A. Vehicles and equipment designed or modified for use in any construction,
demolition, or maintenance activity.
B. Tractors;
C. All trailers or towed equipment exceeding a gross vehicle weight of 1500
pounds but not including recreational vehicles or.trailers used to transport
boats, snowmobiles or ATVs; i
D. Snow removal vehicles and equipment and tree trimming vehicles and
equipment;
E. Earth moving vehicles and equipment; and
F. Trucks, vans and pickups with a manufacturer's nominal rated carrying
capacity of more than three fourths ton;
District. A Zoning District established pursuant to Section 850 of this Code.
Inoperable Vehicle. A vehicle including, but not limited to, any automobile, truck,
trailer,marine craft, snowmobile, motorcycle, all terrain vehicle,mobile home, pick-
up camper, camping trailer, and other equipment for motorized transportation, that
(i) has a missing or defective part that is necessary for the normal operation of the
vehicle, or (ii) is stored on blocks, jacks, or other supports, or (iii) does not display
a license, or displays a license that is 60 days or more past its required renewal
date. Unmounted pickup campers or vehicles which are towed shall not be deemed
inoperable vehicles if they otherwise possess all parts and are capable of normal
operation and are licensed in accordance with (iii) if a license is required.
Recreational Vehicles. A vehicle used or designed for use for temporary residential
1045 - 1
U6--23-'9 15:54 kAA y i t040 aa a v r—L,a. .�
City of E dina Misdemeanors and NulsaY,
�pc
1045.05 Variances for Recreational Vehicles, Boats, etc.
Subd. 1 Variance System Established. The restrictions set out in Subsection
1045.03 are necessary for the peace, health, safety and welfare of the citizens of the
City. It is recognized that there are so many kinds of recreational vehicles, boats,
etc. and so many shapes and sizes of lots and land parccls within the City, that no
matter what restrictions are placed upon their outdoor parking and storage,
hardships will result to some owners of recreational vehicles, boats, etc. and
nuisances will result to some non-owners. In an attempt to avoid such hardships
and nuisances, this variance system is established.
Subd. 2 Application. Any person desiring to locate a vehicle in a location not
permitted by Subsection 1045.03 may file a petition for a variance with the police
department. The applicant shall pay a fee as set forth in Section 185 of this Code.
No variances shall be given or allowed for more than the number of vehicles
allowed by Subsection 1045.03.
Subd. 3 Hearing and Deosions by the Board; Notice.
A. Within 30 days after the Police Chief determines that a:variance petition
is complete, and all required fees and information have been received, the
Zoning Board of Appeals as established by Section 850 of this Code shall
conduct a public hearing and after, hearing the oral and written views of all
interested persons, shall make its decision at the same meeting or at a
specified future meeting. Any decision granting a variance may impose
conditions which the Board deems necessary to ensure compliance, protect
adjacent properties and promote the peace, health, safety and welfare of the
citizens.
B. Notice of variance hearings shall be mailed not less than ten days before
the date of the hearing to the person who.filed the petition for variance and
to each owner of property situated wholly or partially within 200 feet of the
property to which the variance relates insofar as the names and addresses of
such owners can be reasonably determined by the Police Chief from records
maintained by the Assessor.
Subd-4 Appeal. The applicant, any owners to whom notice of the hearing was
given, or any member of the staff of the City, may appeal a decision of the Board
to the Council, by filing a written notice of appeal with the Clerk within ten days
after the date of the decision.
Subd. 5 Hearing by Council. The Council, at its next regular meeting after the
appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall
be given in the same manner as the hearing before the Board. At the hearing, all
1045 - 4
06.-23,'92 15:54 FAX 927 7645 CITY uF EDINA �uua
r Lf
City of Edina rs and N�san,ces
E. Notwithstanding the requirements of paragraphs A, B, C, and D of this
Subdivision, any such vehicle may be parked on a temporary basis on a
driveway within the -required front street setback or side street setback
subject to the following requirements:
1. Such vehicle shall not be parked for a period of.time exceeding
seven days.
2. Such vehicle shall not be parked within 15 feet of the travelled
portion of a street and not within five feet of a side or rear lot line.
It is the intent of this paragraph to permit the short term parking of such
vehicles for loading or unloading purposes and to accommodate the visitors
and guests of the residents of the premises.
Subd. 2 Lots in All Other Residential Districts.
A. Any such vehicle parked of stored outdoors shall be owned or leased by
the occupant of the premises where parked or stored.
B. Any such vehicle parked or stored outdoors shall be parked or stored only
on hard surfaced areas.
Subd. 3 Lots in Non-Residential Districts.
A. Any such vehicle shall not be parked or stored outdoors for more than 48
hours.
B. Any such vehicle shall be parked or stored only on areas improved as a
parking area.
1045.04 Other Vehicles. Passenger automobiles and all other vehicles not regulated by
Subsection 1045.02 and Subsection 1045.03 may be parked or. ,stored in a garage or
lawfully erected building, or may be parked or stored outdoors as follows:
Subd. 1 Lots iu.the R-1, R-2, PRD-1 and PRD-2 Districts. On the driveway but
not within IS feet of the travelled portion of the street-and not within five feet of
a side or rear lot line.
Subd. 2 Lots in All Other Residential Districts. On a parking area that is hard
surfaced.
Subd. 3 Lots in All Other Non-Residential Districts. On a parking area that is
hard surfaced but not for periods exceeding 48 hours.
1045 - 3 -
06,-23,-92 15:55 FAX 927 7645 CITY OF EDINA 14gjuuo
City of Edina Misdemeanors and Nuisances
persons shall be heard who wish to be heard, in person or by a representative. At
the hearing, or a specified future date, the Council shall make its decision. The
Council's decision shall set forth its findings and reasons for granting or denying the
variance, or the Council may adopt, as its own, the findings and reasons of the-
Board. On granting a variance, the Council may impose conditions to the same
extent as the Board as set out in Subd. 3 of this Subsection.
Subd. 6 Variance Order. Each variance order shall be retained on the property
to which it relates and shall be displayed at the request of any City employee.
Subd. 7 Variance Not Transferrable, Exception. Each variance shall be limited
and restricted to the stated person, vehicle and property location and may not be
transferred to any other person, or be used for any other vehicle or property
location. Provided, however, a variance may be transferred to another vehicle
provided such vehicle is not longer, wider, taller or older than the vehicle for which
the variance was initially granted.
Subd. 8 Revocation of Variance. Each variance granted may be revoked by the
City for failure of the recipient to comply fully and continually with the stated
conditions or for any violation of the provisions Subd. 7 of this Subsection.
1045.06 Effective Date. The effective date of this Section is January 1, 1994.
1045 - 5
application of that period to that entity constituted a taking without just
compensation (also unlikely).
(3) Can the City, after the end of the amortization period, remove the
sign and put these costs into the property tax if it does not receive payment?' The
statutory authority I find for what the city proposes to do is contained in Minn. Stat.
§§ 463.16-463.21 (1990). This section is entitled "Hazardous and Substandard
Buildings," although in practice a building must be hazardous for the provision of
this section to come into play. Under these provisions, a municipality may order an
owner to remove or correct hazardous conditions in any building (defined in
§ 463.15, subd. 2 as "any structure" and thus covering signs). Minn. Stat. 463.16. If
the owner does nothing, the municipality may abate the hazardous condition itself,
in which case it may levy a special assessment against the real estate (pursuant to
Minn: Stat. §§ 429.061-429.081) for payment in not more than 5 annual installments
with 8% annual interest. Minn. Stat. 463.161. Under Minn. Stat. 429.061, subd. 2,
the assessment and accruing interest constitute a lien against the property
concurrent with general taxes. This statute will thus be of use, but only if the sign is
in hazardous condition.
In cases not covered by this statute, there is one other possible approach.
Minn. Stat. § 514.67 authorizes first and prior liens equivalent to tax liens for "any
inspection, examination or other governmental service of any nature now or
hereafter authorized or required by law," effective from the date'of the service,
provided that a proceeding to enforce the lien is begun within two years of the claim
becoming due. If removing the sign in the event the owner does not do so after the
amortization period is an authorized governmental service (which it would seem to
be -- if amortization of such signs is permissible, there must be some way to enforce
the scheme), it seems that the language of this provision is broad enough to create at
the least a first lien when the city removes the sign itself.
MEMORANDUM
TO: Bill Soth
FROM: Kirk Cozine
DATE: August 13, 1992
RE: City of St. Anthony sign ordinance
As requested, I have taken a quick look to see whether three provisions of the
new St. Anthony sign ordinance will work, and have found the following:
(1) The political signs restriction. Minn. Stat. § 21113.045, enacted in
1990, contains the following language:
In any municipality with an ordinance that regulates the size of
noncommercial signs, notwithstanding the provisions of that
ordinance, all noncommercial signs of any size may be posted from
August 1 in a state general election year until ten days following the
state general election.
=j The provisions of the proposed ordinance, aimed at restricting the size of such signs
to 16 square feet, and the time of display to four weeks prior to-the election and three
days after will thus be unenforceable.
(2) Requiring amortization of legal non-conforming signs. The
leading case on this issue in Minnesota is Naegele Outdoor Advertising Co. D.
Village of Minnetonka, 162 N.W.2d 206 (Minn. 1968) (see attached), which involved
an ordinance with a billboard amortization period of three years. Naegele had
challenged the amortization provision as unconstitutional on its face; the court
found that this was not the case "since several conceivable applications of the
ordinance are reasonable," id. at 213. Thus, the'only question left was whether the
ordinance was unconstitutionally applied, an issue that "depends upon the facts of
that case." Id. at 215. Naegele, however, had not met its burden of presenting
enough-evidence to establish that there had been a taking, and therefore could not
establish that it had not received just compensation.
Under this case, requiring amortization of non-conforming signs is legal. The
City will of course have to establish some valid reason for the restriction (I assume
that some purpose is included in the ordinance itself -- Minnetonka had determined
that zoning for residential use-promoted the general welfare by increasing property
values and thereby increasing tax revenues.) Any party challenging the application
of the ordinance will then have to show that as a matter of law a 10-year
' amortization period is unreasonable (which is very unlikely), or that somehow the
DORSEY & WHITNEY
•►........,.u.c.es,+u P.on.•�..Cea,w.non
901 nail Avzx=.t.W.•i41TC 340
aO ►.ES aYOU 1 2200 rIEST BANK PLACE EAST
' aSO TORE.RE•TOES 100tt 50Caa9TS3.YCRTE9OTA 65901
(t2:45•9600 MINNEAPOLIS, MINNESOTA 55402-1498 (507)566.306
u3o cox><erncL-r A%-NN=.K•W. (612)340-2600 anon 1latT DrrZMSATE CEXT=a.
V4Saa0ava,5.C.10036 TSLUC a9-0605 saJaot. 2W-30 A Eaos
(906)657.0700 TAX(6i2)360-Mb" ( tam 9 0
6 0a4C6Caa7Ka tTELST 507 ZyHD5o5 5IIa1DD10
LOf509 SCDT OAT,SSOLL" O1iL2 (406) y-M=a 60401
44.71.959.2334 ( ) -
".art TSOACarr 147 BAST►50x7 grzirr
MOO►ARID,ra"Ca WUJIAM IL 9aM 7Q990LL.NOaTANA 60802
33.1.49.66.59.49 (60)340-2N9 (406)M•OOIIS
35 fOCA1E Da IatsCt 901 ORARD.Su Mt 5900
5.1040 VARZ ia.SSLtS 555 11010855,IOWA 90009
35.9.504-.6•Y
August 14, 1992 ("')�°'•1O°°
Mr. David Urbia
Management Assistant
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418
Re: Sign Ordinance Issues
Dear Dave:
I have finally had a chance to have one of our,summer associates do the sign
ordinance research you requested.: A copy of his memorandum is enclosed.
I believe you and I discussed the other two issues:
Issue #3: I would recommend that the City not try to remove any signs with
hazardous materials.
Issue #5: I would recommend against sign deposits. This would seem to
create more problems than it is worth. If you take a deposit, however, you
would not have to pay interest.
If you have any questions regarding the research, please give me a call.
Very truly yours,
William K Soth
WRS:gle
Enclosure
DORSEY & WHITNEY
•►3333:...,.L�Wmt—Pe --"Co..e... D
y f JY+ ►.7u Avrw%-s 220 SOUTH SIXTH STREET sb1 ��•.i.KDr�.DD $5 2
.. v_3 TLU.3� 7ns1 Ionei � aOCass TSa,7tas7 sOL 9a00s
(M2)•15.9000 MIIr'N B,A POI15, MINNESOTA 55402-1498 (aOt]9aa•Jla6
004 car"MCeT •.sxrs.A.W. (612) 340-2600 woo ►I7sT Drrass:•ra C2 rrss
VASA"aMP-D C.90036 7•EIJ.7C Q9.0603 �ILLD709,IIOST•s• ao100
(&W)as 7.0700 !AX(GL2)3-60-2968 (f06)9aa•>000
J 0a•C30517Ks MZIT "T 7Lh D9071 1u=ar0
Lor"s scat O.7,s70LXD OaaLT►•Iia.■OSL7•50406
K•n•999•JJJ4 VUJIM1;SCIS (4oa)757•a6Jo
36.acs TINONCasT ��s� 7sT a•aT MORT &5960
76009 ells.FRANCS
_ 1Q100IIL.1r0/7T•s•a96oa
30.1 42.66-!9•" (4o6]fa1.6ona
Ja SOC•as D3 leases August 26, 1772 _ 001 Oa•17D.9III72 "00
••1040 slCNSla:szwrm ass 21011751,IOW 00009
.J+<-2•504•a6•L (516)955-7DOo
Mr. David Urbia
Management Assistant
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418
RE: Sign Ordinance
Dear Dave:
After reviewing the memorandum from Kirk Cozine, which I sent to you under
letter dated August 14, 1992, I came across a statute which raises a question about our
ability to require the removal of nonconforming signs within a specified period of.time
(i.e., amortization of sign value over a period of years). Minnesota Statutes, Section
173.17(4), a copy of which is enclosed, states that no lawfully erected advertising device can
be removed until all rights have been acquired by purchase or eminent domain. Chapter
173,in which this section is located, deals with "scenic areas" as designated and established
by the State Commissioner of Transportation: It also deals primarily with interstate and
primary highways and the scenic areas adjacent to those highways. Reading Section
173:17(4) in context, it would not appear to be applicable to most signs.within the City of
St. Anthony. If you read it literally, however, it states that signs cannot be required to be
removed without compensation.
If the City decides to pursue some plan of calling for the removal of
.nonconforming signs after a period of years, we probably should look into this further and
try to determine whether the validity of such provision will be upheld..
Very truly yours,
William R: Soth
WRS:gle
Er3closure
0 $ $m °a •E g a a c�
gm.a,E �, $ amiyyycm9� 30� _ � E$yYBm
9'A oY aMr 2 d 8� = d5 al� Ra'
$s E 10 A m 2 0–.C.3 '�c3 z
5Ee ° mas EE `oEv6 56Ea8a ,gc� O
Y— m—
� mm m c13• em w u � m«i•9 y
E5 0 $ � $ off t- $ =�$Cm � S S
s_ y a c� e m -C2T p+'$ 1, as 0. °a a0
AS 8�o
CC* gH '"383
.7E3r.._ m = �.9 8.P 2 Yw o Gr
0 Y 5 y H O 0
m 819
m a 8
n 5 ac = Iw =t z om s
5 8 a� 5a
z � �a 5x1.5 � = m = oos Om� wa
8°
mW5 d $,- o mrj�OO� d aZS Y
z ° mO 88 r ° 8 5 s �WS a my
4 So $ 20Ema°g' oem ti 3 �.oc as=� 9 ° a 4 ° a 1S Q
aA 2 •E �$ $ d$ eem .o. o oOE.-� 8 a.$.PB
q ' eHy
'S2 2 ° g $v Cg E 5 pY g i
Y
{6g•myl
a Bc8i3o:$ 9 oa,•pi " Q a� .
D aBS A-P 3 � ."%. z �iCa � a < $ iymPE $ �x =~
OIL
o m 1: ► w b
mss md3 I °5'� � $
U 9 S o�•E o °w �+5lQj �.9oE•
5 O m m ° G' m e7 'O 7• C m SAE
° -
�d.5a m._ r5 8S a 8
D o b0l J1 �iS �S = HM ..ae�em m !6 8 a IB.g
B m' E Y p' 9 °p'�i o ='L.9$QQ °m ° g�a ..$ < � A Be
rJ y o 3 m_ p dr5-2'1 a+ C °a�v m�
g g g ,oz
< 0.5 o ij'C.9.. mfg 111 Y aYr o Y $ °o1p mo g d < d 8
� � �p m fib , ro C Sg g+tic Icf a5mi:6o � ma 8' S-: 598BEv, i1 >,° m E@ 3gg $�
a :8
°'
a a = ., ° m $ aaa
yy Y 3
-P � O � y m0 =5 '" b'� mm� m m �' '�• Cc
O m
5$ � mo a� ��o�� a�3 �B� � �.�•a°3d$ o�•acg ,a°s$ m
°�$ ov�a5e $ � � g� �° sE� $C � 6�gYa 8tc' �' s 5. � s < 4S$
S=
5.9 moM � � $Ep Ea�a$ _ AWK o «�
5.9 1 S fSc. 61 �� OE Y� ms3E � oSo b
.°84.Y°. em taEU oomVLa, �L°q oI $ `� 8 g a 9 .2:1
.O d � O 3 ,H O 'O = m � S s t w • ° � ..r Y 7 = .•' O �(
�5�' Sm moE, P. ; d di�s8 $'.: a' m d c3 - w � 6 v '" E.5 5 aari E 8o �i m mgg $$
tSoo2 e E v8808am8g a.$3 BO Oft m 8.,a8
.9 11 60� °E°r'�� a�' A°m$ $ 8-'51 � � 5 3 p :gm S.D.—v
� acm C• =.P.m �mm• Haa fig.hc{+'g �e � w � E 5 z p� ee
_ a3E5 = 9m
fig.,
t m� p°p;� � gg5� 'y8 �i 'A� EoS � � ° m�Eo° ao e $ m
M ;e�08r �� EO2.m. � � BaHaCmm4 , z.5 � ° m� F @� g � +; 3i8 F.
'n E 3 K N� a 80.°.'' ^ 1 C H1$'Cw' v g� g. A m m I 3 zBB 63°pJ 8 8� �!i
14 s� E gg V-2 110-1 �o�� 1E�3 .� vSa $� � �� � d .1e�3R0'°Al
aoo 8.a 8 9A 5_9 z o 8 °i
�o a � $�s ,`J„ � `•-� 3 � a� � ao� E.�oB m �8w�� � rs{; '� �'
be
>� V am"• m^ ° �V_° m« ° a
m'O N.�
C � �• O V:7 cs
m''+ ega .°,. m.. m 'a•? Ell °s 8o,av
`S8IL 8mm �a8 fi>,� P_ ° �C8
a _
y t 3
6143 mo$ a ft
�� C a7 Z V O yp5 m g .Y.
c e 8y a $r' ;s� J E L'�.5 ..: �e �o 1 '� mr s°! fa'r'e o
EC qsi p�V 7 tp� g�+� +'m m
A O $ cp 1 ggig^O< C O'> f� °E .Q t0 '3
$i0 a3E'
� � � g8mm o d 9.W 80
fli u g m m 3 QQ f�v 803._ > m -
03 Q�jW>.s ag S m p m �is., a m m s o a� g 3
$ 5•• � .3 a ;5 s >,° _� QQ � a 5 C
As $s,E °ca S m` a' eOog 9 c �s.
I I ..I !,1.11 Ir 813
.619 1 be
ale0
+_ y� ao
m m
E`o i.$p E a,� m a'�s p •8E e 8 � 1v� • bo
q 11
16 19ro MIA
Ea-
All
o
v� � a. .°. °� �'� go Bm ate, � °�5 '� 9 ��., e•9 �'m ��'$�.� '� . �°'�j�?.°a
mmS Alit
a8� mm�a ..
�o$
2. w �W � ; ; moo
S 33 ° ��. eo oPr
$� 0aWo o 3w o w g m
,aGnq m V °
€., . $ dS ams 8 S� °
-.Sr.
f
W w° m 8 0. $ 8 e I C es m 4f
OE K
zli
cc 3.2
mr �;mE ao 5e ,$p $ ° 6 e
EE 8 gt he g9 a ` 0 8 $ ti r
E.5 S a � 1 o a.
•� V �i 0149
t '�� a E ga, ° caep `�� _ o-°ir >C
a 8' � o ° eC
CmM ador b > > �2qe o c� om a > of a� m
� �s fart
=6�pp`y m �~ ~ l
?
§ 173.17 HIGHWAYS; ROADS ADVERTISING DEVICES § 173.171
Notes of Decisions
chapter or any other statute, ordinance, or regulation of any political
In general I slilulionally arbitrary and unreasonable and
subdivision of the state or local Zoning authority: Nonconforming signs 2 constituted a taking of property without
The Minnesota department of transportation with the assistance and just cnmpenanlion; such a full evidentiary
cooperation of the department of energy and economic development shall hearing was necessary r develop requisite
p I. In general facts as a basis for Supreme(:noel's decid-
make recommendations to the standing committees on transportation of State may acquire nonconforming out- ing the constitutional Issue. hlicker v.
both houses of the legislature by February 1, 1982 for a comprehensive door advertising devices through its powers Stale,1972,29:1 Minn. 149,197 N.W.2d 434.
directional signing program. of eminent domain. State by Spannaus V.
Hupf, 1!182,:1'23 N.W.2d 746. In suit for declaratory and injunctive re-
laws 1965,c.818,§ 17. Amended by lawn 1967,Eg.Sess.,c.9,§ 16,eff. May lief brought by advertisers and others who
Under this section a city and its owning alleged that § 173.17 prior to 1.971 amend-
:10,1%7: Laws 1!171,c.88:1.§ 11; Laws 1976,c. 166,§ 7; laws 1981,C.294,§ 1, authorities could not remove ro Berl erect-
eff. May 211, 1!)81: laws 1991,c.3ldi,.§ 248: laws 1983,c.289,§ 11!i,subd. 1, I 1 Y mans and § 1A83, prior ov its repeal u.
wl nonconforming advertising devices Incnl- laws 1971,r.)W3,§ 'L0,providing far regu-
eff.July 1, 1!IS:I; laws 1986,c. 444. ed adjacent to inlerstate.or primary high- lation and control of advertising devices
ways until all rights in the property were along state highways and requiring removal
Historical Note acquired by purchase• girl or eminent do' of eerLain nonconforming signs, within a
main, whether or not the device was re- four-vear{w•ri,.l. was unreasonable in tak•
The 1967 amendatory act rewrote this nation shall be Id for an sign so moved pursuant to chapter 17:1 of the slat
pe paid y ing property without just compensation,the
section which formerly read: removed or destroyed,and the commission- utes or any other slalute ordinance or regu- question of whether due process of law is
er may collect the cost of removal or de- lation. Op.Atty.Gen., 477-11-'L, Nov. 15, otherwise available to prevent the taking of
"Any advertising device lawfully erected 198:{,
before May 26,1965 and not conforming to sninin an from the{meson evicting or main- property without just compensation was
L•lining aucln advertising device." not, without nn initial disposition of the
the distance. of sing o 17:1.16 lcal on rail lie 2. Nonconforming slgna question based on an evidentiary earing by
LO distance. spacing or location shall le The 197f amendatory act suhstlluled Owners of land leased for signs,owners line trial court,properly raised for decision
removed by Its owner on or before July 1, commissioner of tmnspnortation for commis- of signs and advertisers had to he given the on appeal. Id.
1969•" sinner of highways. opportunity to prove their claim that the
The 1971 amendatory act also rewrote laws 1981,e.•LlW,added cl.(4). four-yenr amortization pe.riiod of § 17:1.17 Signs found to he illegally spaced could
this section which formerly read: prior to 1971 amendment and§ 17:1.47 prior have been removed by the Commissioner of
Laws 1!)81,c.356,directed the revisor of to its repeal laws 1971, c. 88:1, L0, Highways if the fell into one of the four
"Subdivision 1. Any advertising device le Y § >'
lawfully erected before May 21;, 1965 and statutes In renumber and to substitute ter- providing for regulation and control of ad- categories specified by this section prior
to
not conforming to the provisions of section minulugy with reference to the centrlliza- verlising devices along stale highways and 1971 amendment and § 173.47 (repealed).
173.16 with respect to distance,spacing or lion of the powers and duties of the com- requiring removal of certain nonconforming and if a hearing was held before removal.
location shall be removed by its owner on or missioner of energy,planning and develop signs within a four-year period,wits uncon- Op.Alty.Gen.,229A-9,Jan. 16, 1969.
before July 1, 1%9. ment in one chapter.
"Subd. 2. Notwithstanding the provi• The 1983 amendatory act reorganized the 173,171. Vegetation control; visibility; agreements
signs of section 17:1.21,any advertising de- department of energy, planning and devel-
vice which is opment, created a state planning agency The commissioner of the department of transportation may enter into
"(1)erected or maintained contrary to the anti a department of energy and economic agreements with the owners of advertising devices not prohibited under
provisions of section 17:1.15 or any regula• 'developmcut. and renamed the small husi•
ncas finance agency the energy and eco- this chapter and lawfully erected and maintained in adjacent areas, or
lions issued or adopted thereunder, s ct nomcc development authority. Section 115, with the owners of the real property on which the advertising devices are
there of the commissioner with respect subd I thereof directed the revisor In im-
thereto: or located,providing for the control of vegetation on the right-of-way in the
element changes in terminology relating to
"(2) for which no permit has been ub- such reorganization_ vicinity of the advertising devices to ensure their visibility from the
tained: or highway. The a agreements shall provide that:
"131 for which the permit has been re- The 198fi amendment removed gender g P
yoked; or specific references applicable to human 1K (1) The cost of any vegetation control measures will be paid for by the
ings throughout Minn.Stuta.by adopting by
"(4)which is abandoned reference proposed amendments for such owner of the advertising device or the owner of the real property on
"is hereby declared to be a public nuisance, revision prepared by the revisor of statutes which it is located; and
illegal and nonconforming,and the commis- pursuant to laws 1984, c. 480, § 21, and
sioner may enter upon the land where the certified and filed with the secretary of (2) Any control measures will be carried out in a safe, workmanlike
sign is located and may remove or destroy stale on Jan.24, 1986. Section:1 of laws manner,
such sign after a hearing as provided by 1906,c.444,provides that the amendments
law and after 30 days notice to the owner "do not change the substance of the stat- laws 1981,c.294,§ 3,eff. May 29, 1981.
and permittee thereof,if known. No com- utes amended."
Library References
Library References Highways 4-105(1).
Eminent Domain 4-17,18.5. US.Highways§ 177 et seq.
C.I.S.Eminent Domain§§ CA.64(l)• 531
530
§ 173.16 HIGHWAYS, ROADS ADVERTISING DF',VICFS § 173.17
tion in St. Paul, Minnesota,within 15 days after the effective date of the 173.17. Itemovol of deviver. time for rt•movnl: t•ompenseliun
zoning change or establishment. It is hert'b� dt clan•rl that w L,•r.• nn-whiner ter r•arrc rent Ow prtrvi,wn,of
laws 19(;5,e.1028,§ 16. Amended by laws 19(17,Ex.Sess.,rc.!),§ 15A.eft Mal• this chapter it is nr•rr•..;try that pr,yo•rts rights be acgnirr•rl• such
30, 1967; Laws 1971,c.}0{:I,§ 1(h, Laws 1973,c. IV,art.5,§ 7; laws 1971;,c• acquisition is for a public purpose and is necessary fur a highway
166, § 7; Laws 1978,c.1;74,§ 60. purpose. The commissioner of transportation is authorized to acquire by
Historical Note purchase, gift or condemnation all advertising devices and all property
The I91;7 amendatory act rewrote d. (5) "(4) Within loo feet of a church or rights pertaining thereto which are prohibited under the provisions of
try substituting •'3111101" for "00"1fo 'zoo" school; this chapter,and any rules or regulations promulgated pursuant thereto,
for"111(1"and"IaINI"for"17W"Ifor appli•
calrlr text,sir 1971 amendatory act,post) (5) Which is closer than 3000 feet to any provided that such advertising devices were in lawful existence on June
other advertising device on the same side of
The 1!171 amendatory act rewrote this such highway; provided that advertising de. 8, 1971. In any such acquisition, purchase or condemnation, just COm-
section which formerly read: vices, advertising communities, industries pensation shall be paid for:
or other activities being conducted within, (1) The taking from the owner of such sign, display or device of all
' "Peron and after May elfin 1965,no ativer- 'l0U miles of such devices are permitted ttr g P
tilling device shall he erected: be erected and maintained as close as 13oo right, title, leasehold and interest in such sigh, display or device; and
"(1) Which would prevent any traveler on feet to any other advertising device on the
any highway of the interstate system of same side of such highway." (2) The Liking from the owner of the real property on which such
highways from obtaining a clear view Of The 1973 amendatory act was a general advertising device is located immediately prior to its removal or reloca-
approaching vehicles on the same highway authorization for the consolidation of the tion,the right to erect and maintain thereon advertising devices,and full
for a distance of 5(10 fret alone the high terms 'villager" and 'M " into the
war; term"cities' or the substitutitution on of the lean �con nsation therefor, including severance damage and damage to the
"12► which would Ire closer than:dill feel "statutory cities' for "villages' and/or remainder of the outdoor advertising plant regardless of whether it is
boroughs.
from the intersection of any trunk highway located on property contiguous to or a part of that on which such sign is
at grade with another highway,or with a The 1!17G amendatory act substituted ref- located, shall be included in the amounts paid to the respective owners.
railroad; provided,that advertising may be en'nces tr the commissioner of transpsrrtn•
nffixel to or located adjacent to building lira for references t,the commissioner of Provided, however, that no compensation shall be paid for severance
at such intersection in such a manner its not highways. damage and damage to the remainder of the outdoor advertising plant
to cause any greater obslniclion of vision Thr 1978 amendatory act directed that unless federal laws,or rules and regulations promulgated by the United
than that caused by the building itself;
"certified mail" he substituted for "rrK- States Department of Transportation provide for federal participation in
"(3) In or within NN) fret of national islered mail"wherever the term appears in the cost of such severance damage and damage to the remainder of the
parks, state parks, local parks, historic the statutes.except when the purpose is tip
sites•and public picnic or rest areas; insure articles of monetary value. outdoor advertising plant.
(3) Compensation required herein shall be aid to the person or
Cross References P q p ( per-
Outdoor telephone booths located within rights of way of public highways or street.. sons entitled thereto. Notwithstanding any other provisions of Laws
advertising,see; 16021. 1971,Chapter 883, no advertising device shall be required to be removed
Resort information signs,see§ 160.283 el seq. or relocated unless and until the commissioner of transportation shall
Library References tender payment to the owner of the advertising device and the owner of
' real property u on which the same is located, ill cash or check drawn on
7Arnlrlg and Planning aKl. P
(:J.S. Zoning and Lind Planning §§ 25, the state treasury, of 100 percent of the amount of just compensation
61. required herein, as determined by the commissioner of transportation;
Notes of Decisions provided that the acceptance of said tendered amount by the person or
1. In general nn• maintained ' ' ' within duo feet of it persons to be compensated shall be without prejudice to further rights to
church or school"regulates devices in allk" have just compensation finally determined in accordance with the provi-
1{Permittin promulgated wrier this ckgg cent and business areas as well as those in
ter permitting state to have advertising .scenic areas. Id. sions of Laws 1971,Chapter 883,and to receive an
IIeVICCR In areas that have Inren rezoned P y greater or additional
from industrial or commercial to residential An advertising device which consisted(if amount under chapter 117.
was valid exercise of regulatory power. several parts or phases inlendel al tin'li""' (4) Notwithstanding an other
Slate Iry Sp,annaus v. Idopf, 1982, 3'13 Of its erection to be a single structure which g y provision of this chapter, including
could be viewed from one direction should section 173.20,no advertising device which was lawfully erected shall be
N.W.zd 746. removed until all rights in the property, p
have been considered as one "advertising
Provision of the Minnesota outdoor Ad- device"for purposes of the spacing limits*
g personal or real, have been
vertisingr Control Act Isulal 2(2)of§ 173.081 Lion of§ 173.46(repeate)and this section, acquired by purchase,gift,or eminent domain proceedings under chapter
that"no advertising device shall be erected Op.Atty.Gem,•rt9A 9,Dec. 16, 1968. 117, whether or not the advertising device is removed pursuant to this
528 529
�I 9
..T � •.'U J .t tti�
�., �. •�Yrr:�il�y erns 'Lt
DORSEY & WHITNEY
A P�Z-.w1P lictcnn.e P�ort�s,o�.a Covouno>�
330 PARK AVENUC 220 SOUTH SIXTH STREET 201 FIRST AcENrE,S.W.•SUITE 340
NEW TORY.NEW TORY 10099 ROCHESTER.MINNESOTA 359011
(21x1415.9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)288-3156
L330 CONXZCTICL-T AVE"C"E.N.W. (612)340-2600 1200 FIRST INTERSTATE CEATLH
WAOMNOTON,D.C.90036
(202)557-0700 TELEX 29-0603 BILLI1106)252-ANA-39103
PAX(612)340-2868 0)252.3800
3 ORACECHUBCH STREET 307 DAVIDSON OU1MING
LONDON BCOT OAS,ENGLAND OREAT PALLS,MONTANA$9401
44-71-929-3334 /SAM IL •oTH (405)727.3632
36,RUE TBOXCBET (614 440-2" 127 EAST FRONT STREET
75009 PARIS,PRANCE - MISSOULA,MONTANA 59802
33.1.42.66-59.49 (406)721-6023
35 SOVABL DE MLLCS 801 GRAND.SUITE 3900
2-1060 BRUSSELS,BELGIUM DES MOINES,IOWA 50309
32-2-5011-46•11 (515)2a3-1000• September 18, 1992
Mr. Thomas D. Burt
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418
RE: Sign Ordinance
Dear Tom:
I have reviewed the sign ordinance, and the only change that I feel is necessary
from a legal standpoint is regarding political signs. I would revise Section 1400.08, Subd. 1
to read as follows:
Subd. 1. Political Signs. All noncommercial signs of any size maybe posted
from August 1 in a State general election year until 10 days following the
State general election. For Independent School District No. 282 elections, all
noncommercial signs of any size may be posted from April 1 in a school
election year until ten days following the school election, which is the third
Tuesday in May of every year. Political signs are not allowed in the street
rights-of-way.
There were a number of questions at the last meeting regarding nonconforming
signs, etc. I am enclosing my letters of August 14, 1992 and August 26, 1992, which deal
with these issues.
If you have any further questions on this, please let me know.
Very t ly yours,
WRS:gle William R. Toth
Enclosure
STAFF REPORT
DATE: October 6, 1992
TO: Planning Commission
FROM: David-Mark Urbia, Management Assistant
ITEM: SIGN ORDINANCE ISSUES
The City Council adopted the revised sign ordinance on the third reading at its October 13,
1992 meeting. The Planning Commission, when recommending the revisions to the City
Council, had some additional issues that needed further study. However, the Planning
Commission felt that these issues could be addressed at a later time.
There are two main issues -- amortization (removal of legal nonconforming) and removal
of illegal nonconforming signs. The City Attorney addresses amortization in memos that are
included with this report. For removing illegal nonconforming signs, the City Attorney
suggested that citations could be issued. The Planning Commission should review the
previous City Council minutes included in their packet (especially under Sign Ordinance
discussion).
STAFF REPORT
DATE: October 6, 1992
TO: Planning Commission
FROM: David Mark Urbia, Management Assistant
ITEM: APPOINT PLANNING COMMISSIONER TO ENVIRONMENTAL
QUALITY/RECYCLING COMMITTEE
BACKGROUND
The City Council established the Environmental Quality/Recycling Committee at its
September 8th regular meeting. An organization and mission statement is included with this
report for the Planning Commission's review. The adopted organization and mission
statement calls for the Planning Commission to appoint one member to this newly created
committee. The member shall serve for one year (a minimum of four meetings).
• The provision for a Planning Commissioner to serve on this committee is an attempt to
facilitate greater communication between the various committees that serve the City Council.
In addition, many issues that this committee will review and discuss are definitely related to
planning for Saint Anthony Village.
RECOMMENDATION
Planning Commission motion to appoint a member from the Planning Commission to the
newly established Environmental Quality/Recycling Committee.
ORGANIZATION AND MISSION STATEMENT
SAINT ANTHONY ENVIRONMENTAL QUALITY/RECYCLING COMMITTEE
September 8, 1992
PURPOSE
The Environmental Quality/Recycling Committee shall provide recommendations to the City
Council on issues relating to the environment, water quality and solid waste. More
specifically, the Committee's duties shall include but not be limited to:
1. Reviewing development proposals for environmental concerns and storm
water quality.
2. Study and make recommendations on solid waste management and recycling.
3. Providing input into the local watershed planning process.
4. Providing educational programs and information to the public on
environmental issues:
5. Protection and enhancement of lakes and wetlands.
STRUCTURE
The Environmental Quality/Recycling Committee shall be a standing committee of the City
of Saint Anthony with continuing responsibilities as advisors to the Council and the City ,
staff. The Committee shall consist of eleven members, including a representative from the
City Council and Planning Commission. All members of the Committee shall be residents :
of the City of Saint Anthony. All members shall be voting members. The Committee shall
establish its own meeting dates, but shall meet at least four times annually. The members
shall be appointed by the Council for two year terms on a calendar year basis. The terms
should be staggered, to allow for an orderly rotation. The number of terms served shall be
limited if there are other residents who wish to serve on the committee with no other vacant
seats available. In case of a vacancy during the term of office of any member of the .
Committee, the City Council shall appoint a new member to serve the remainder of the
term. The members of the Committee shall serve without compensation and may be
removed from office at any time by the City Council. A member having three absences over
a two year term warrants removal from the Committee.
PROCEDURES
The Environmental Quality/Recycling Committee may adopt rules of procedure consistent
with this Statement, City Ordinance, and the statutes of the State of Minnesota. The rules
of procedure may include, but are not limited to, methods of calling meetings, notifying
members and the public of meetings, conduct of hearings, methods of voting, and
maintaining Committee.records.
Planning Commission Bylaws Draft ,#3 , September 3, 1992
CITY OF ST. ANTHONY PLANNING COMMISSION BY-LAWS
1. A schedule of meeting dates shall be established and may be
changed or altered at any regularly scheduled meeting. One
regular meeting date is established each month on the third
Tuesday at 7 : 30 P.M. in the Council Chambers.
2 . Additional meetings may be held at any time upon the call of
the chairperson or by a majority of the voting members of the
commission or upon request of the City Council following at
least twenty-four hours notice to each member of the
commission.
3 . The commission at its first regular meeting in January of each
year shall elect a chairperson and vice-chairperson.
4 . The duties and powers of the officers of the Planning
Commission shall be as follows:
A. Chairperson:
(1) Preside at all meetings of the commission.
(2) Call, amend, or cancel meetings of the commission
in accordance with the by-laws.
(3) Sign documents of the commission.
(4) See that all actions of the commission are properly
taken.
(5) Review agenda before scheduled meeting with staff.
B. Vice-chairperson:
During the absence, disability, or disqualification of
the chairperson, the. vice-chairperson shall exercise or
perform all the duties and be subject to all the
responsibilities of the chairperson.
C. Recording secretary:
Appointed by the City - Manager to record the proceedings
of all meetings.
5. Matters referred to the commission by the City Council shall
be placed on the calendar for consideration and action at the
first meeting of the commission after such reference.
6. A majority of the members of the commission entitled to vote
shall constitute a quorum for the transaction of business.
7 . Reconsideration of any decision of the commission may be had
when the interested party for such reconsideration makes a
showing - satisfactory to the chairperson and/or City Manager
- that without fault on the part of such party essential facts
PAGE 1
Planning Commission Bylaws Draft #3 , September 3 , 1992
were not brought to the attention of the commission.
8. Roberts Rules of Order are hereby adopted for the government
of the commission in all cases not otherwise provided for in
these rules.
9. These rules may be amended at any meeting by a vote of the
majority of the entire membership of the commission, and City
Council approval, provided five (5) days' notice has been
given to each member of the commission.
10. Deadline for Agenda: Deadline for filing for placement on the
agenda for applications of any planning related issue shall be
exactly one month prior to the meeting the applicant desires
to be heard.
11. Order of Consideration of Agenda Items:
The following procedure will normally be observed; however, it
may be rearranged by the chairman for individual items if
necessary for the expeditious conduct of business:
(1) Staff presents report and makes recommendation.
(2) The Planning Commission may ask questions regarding the
staff presentation and report.
(3) Proponents of the agenda items make presentation.
(4) Any opponents make presentations.
(5) Applicant makes rebuttal of any points not previously
covered.
(6) Planning Commission asks any questions it may have of the
proponents, opponents, or staff, and then takes a vote.
12 . Any member of the Planning Commission who shall feel that
he/she has a conflict of interest on any matter that is on the
Planning - Commission -agenda shall voluntarily excuse
himself/herself, vacate his/her seat and leave the re s , and
refrain from discussing and voting on said items as a Planning
Commissioner.
13 . Each member of the Planning Commission who has knowledge of
the fact. that he/she will not be able to attend a scheduled
meeting of the Planning Commission shall notify the City
.Manager at the earliest possible opportunity and, in any
event, prior to 4 : 30 P.M. on the date of the meeting. The
City Manager shall notify the chairperson of the commission in
the event that. the projected absences will produce a lack of
quorum.
14 . The chairperson shall be an ex officio member of all
committees, with voice but no vote.
PAGE 2
Planning Commission Bylaws Draft #3 , September 3, 1992
15. No member may serve more than two (2) full consecutive one
year terms as chairperson.
16. The vice-chairperson shall succeed the chairperson if he/she
vacates his/her office before his/her term is completed, the
vice-chairperson to serve the unexpired term of the vacated
office. A new vice-chairperson shall be elected at the next
regular meeting.
17 . The by-laws may be amended at any meeting of the Planning
Commission by a majority of quorum of the commission, provided
that notice of said proposed amendment is given to each member
in writing at least two weeks prior to said meeting. In
addition, any amendment to the Planning Commission by-laws
must be approved by the City Council.
PAGE 3
STAFF REPORT
DATE: September 3, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: PROPOSED ORDINANCE CHANGES (SECTION 305) FROM JOINT CITY
COUNCIUPLANNING COMMISSION MEETING
The Planning Commission made the following recommendations for changes to the
ordinance -- Section 305. The recommendations and staff responses are as follows:
Section 305.03(f)
-- Is this a reasonable amount of meetings to miss (i.e. - too many)?
-- The 4 or more meeting rule in a calendar year includes all absences, excused and
unexcused, requiring a Commissioner to only worry about explaining the absences in writing
after missing four or more meetings. In effect, a Commissioner has three excused or
unexcused absences per calendar year. This seems reasonable. The chair would hold a
higher attendance record voluntarily.
Section 305.04
-- The Planning Commission mentioned the idea of compensation, possibly $25.00 per
meeting, as the chair receives $35.00 per meeting.
-- Staff takes no position on this issue. If this idea was adopted, it would potentially
cost the general fund $1,800.00 (6 Commissioners * $25.00 per meeting * 12 meetings). The
Planning Commission, if serious about this idea, should formally propose it to the City
Council before the budgeting period is completed for 1993.
Section 305.05
-- The Planning Commission believed the first sentence should be modified to reflect
reality, that the City Manager appoints a secretary, not the Planning Commission.
-- This is a good suggestion, and the change has been noted for the City Attorney to
consider.
-- The Planning Commission questioned whether the language requiring at least one
meeting per month was appropriate, since past practice has shown some meetings to be
canceled if there are no public hearings.
-- The City Attorney has already included the language,"when necessary,"that addresses
this concern.
305.06
-- The City Council and Planning Commission recommended additional powers and
duties be listed in this section.
-- Staff recommends that this not be the case. The listed powers and duties are the
basic minimum powers and duties the Planning Commission has. It does not preclude the
Planning Commission from being involved with proactive planning on a variety of issues.
SECTION 305 - PLANNING COMMISSION
305.01 Character of Planning Commission. The Planning Commission of the City is
the planning agency within the meaning of Minn. Stat. §§ 462.351-.365. In such
capacity, the Planning Commission will be advisory to the Council.
305.02. Membership. The Commission will consist of seven members, all of whom
will be residents of the City appointed by affirmative vote of a majority of the
10 members of the Council. Three members were appointed for a three-year term
expiring December 31, 1985, two members were appointed for a two-year term
expiring December 31, 1984, and two members were appointed for a one-year term
expiring December 31, 1983.
All subsequent appointments or renewals will be for a three-year term except where
a vacancy occurs in the middle of a term, in which case the appointment will be for
the duration of the unexpired term.
A member whose term is expiring must be notified by the city Manager 60 days in
20 advance of expiration of the term, and the member must indicate in writing his or
her desire to be reappointed to another term.
305.03. Vacancies. Any of the following will cause the office of a Planning
Commission member to become vacated:
(a) Death.
(b) Disability or failure to serve.
30 (c) Removal of legal residence from the City.
(d) Resignation in writing.
(e) Failure to uphold the oath of office.
(f) Failure to attend 4 or more scheduled meetings of the Planning
Commission in a calendar year, unless waived by the.Council after a
written request from the member.
40 The City will publish an open invitation to all residents interested in serving on the
Planning commission to inform the City Manager in writing of their interest and
desire to be interviewed.
305.04 Compensation. Planning Commission members will serve without
compensation.
28
305.05 Organization. The mmissi will appoint a secretary, who may but need
not be a member of the Commission. The Commission will hold one regular
meeting every month, when necessary. At the first meeting of each year, the
Commission will arrange the dates of its regular monthly meetings through the end
of that year and appoint a Chairperson.
305.06 Powers and Duties. The Planning Commission will:
(a) Review and make recommendations to the Council as to a
10 comprehensive municipal plan, including the land use plan, a community
facilities plan, a transportation plan and recommendations for plan adoption
and execution.
(b) Consider and make recommendations to the Council as to all proposed
subdivisions and plats.
(c) Consider and make recommendations to the Council as to all proposed
amendments to Chapter 15 of this Code regarding zoning.
20 (d) , Consider, hold hearings and make recommendations on conditional use
permit applications.
(e) Review all applications for variance to zoning, hold hearings and make
recommendations to the Council.
(f) Review requests for sign variances.
305.07 Council Action Without Recommendation of the Planning Commission. If
30 a matter is required to be referred to the Planning Commission and is referred to the
Planing Commission and if no recommendation is transmitted by the Planning
Commission to the Council within 60 days after referral to the Planning
Commission, the Council may take action without such recommendation. If a
matter not required to be referred to the Planning Commission is referred to the
Planning Commission, the Council may at any time take action without the
recommendation of the Planning Commission.
Section 315 PUBLIC SAFETY
40 315.01 Policies. The Council has the authority and duty to provide for the
government and good order of the City, the suppression of vice and immorality, the
prevention of crime, the protection of public and private property, the benefit of
residence, trade, and commerce, and the promotion of health, safety, order,
convenience, and the general welfare of the residents by means not inconsistent
with the Constitutions and laws of the United States and the State of Minnesota.
29
1 CITY OF ST. ANTHNOY
2
3 REGULAR COUNCIL MEETING
4
5 AUGUST 11 , 1992
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7 : 30 p.m. and the Pledge of
it Allegiance was led by Mayor Ranallo.
12
13
14 2 . ROLL CALL
15
16 Council Present : Mayor Ranallo and Councilmembers Marks,
17 Fleming and Wagner
18
19 Council Absent.: Councilmember Enrooth
20
21 Staff Present : City Manager Burt , City Attorney Soth and
22 Management Assistant Urbia
23
24
25 3. APPROVAL OF AUGUST 11 , 1992 COUNCIL. MEETING_ AGENDA
26
27 Motion by Marks, second by Wagner to approve the agenda for
28 August 11 , 1992 Regular Council Meeting with the following
29 additions:
30
31 7 . REPORTS
32
33 A. Report by Jeff Hansen, 2704 Pahl Avenue, regarding
34 safety on Pahl Avenue.
35
36 8 . NEW BUSINESS
37
38 C. Bowling Alley - City Manager
39
40 D. Committee - Counci.lmember Fleming
41
42
43 Motion carried unanimously
44
45
46 4 . APPROVAL OF JULY 28 , 1992 COUNCIL MEETING MINUTES
47
48 Motion by Marks, second by Fleming to approve the minutes of
49 the July 28 , 1992 Regular Council Meeting with the following*
50 corrections:
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 2
4
5
6
7 page 3 , line 11 : Delete "of the" and insert "and"
8 page 3, line 48 : Correct "Mark" to "Mac" and include after
9 "Hardin" the phrase, "Executive Director of the Retail
10 Hardware Association. "
11
12 Motion carried unanimously
13
14
15
16 5. LICENSES/PERMITS/PETITIONS
17
18 Contractor ' s Licenses
19
20 Motion by Marks, second by Fleming to approve the contractor' s
21 license for Acme Glass, Inc. of Minneapolis , Mn.
22
23
24 Motion carried unanimously
25
26
27 Motion by Marks, second by Fleming to approve the contractor' s
28 license for R J Ryan Construction of Minneapolis , Mn.
29
30 Motion carried unanimously
31
32
33 Heatina Licenses
34
35 Motion by Marks, second by Fleming to approve the heating
36 license for Suburban Air of Minneapolis, Mn.
37
38
39 Motion carried unanimously
40
41
42 Motion by Marks, second by Fleming to approve the heating
43 license for Thermex Corporation of Minneapolis, Mn.
44
45 Motion carried unanimously
46
47
48
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 3
4
5
6
7 Temporary 3 . 2 Beer Permits
8
9 Motion by Fleming, second by Wagner to approve the 3 . 2
10 temporary beer license for Douglas Parker for August 20 , 1992
11 in Central Park.
12
13 Roll call : Fleming, Wagner, Ranallo - aye
14 Marks - nay
15
16 Motion passes
17
18 Motion by Fleming, . second by Wagner to approve the 3 . 2
19 temporary beer license for Patricia A. Mans for August 22 ,
20 1992 in Central Park.
2.1
22 Roll call : Fleming, Wagner, Ranallo - aye
23 Marks - nay
24
25 Motion passes
26
27
28
29 Motion by Fleming, second by Wagner to approve the 3 . 2
30 temporary beer license for Robert Davies for September 13,
31 1992 for Central Park.
32
33 Roll call : Fleming, Wagner, Ranallo - aye
34 Marks - nay
35
36 Motion passes
37
38
39 Motion by Fleming, second by Wagner to approve the 3. 2
40 temporary beer license for Michael Robarge for August 19, 1992
41 for Central Park.
42
43 Roll call : Fleming, Wagner, Ranallo - aye
44 Marks - nay
45
46 Motion passes
47
48
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 4
4
5
6
7 6 . PRESENTATION OF CLAIMS
8
9 A. Dorsey and Whitney Law Firm
10
11 Motion by Marks , second by Wagner to approve a claim in the
12 amount of $1 , 088 . 80 to Dorsey and Whitney Law Firm for legal
13 services rendered through June 30 , 1992 regarding various
14 matters .
15
16 Motion carried unanimously
17
18
19 B. Hance and LeVahn Law Firm
20
21 Motion by Marks , second by Wagner to approve a claim in the
22 amount of $2 , 400 . 00 to Hance and LeVahn Law Firm for legal
23 services rendered for the month of August , 1992 , relative to
24 St . Anthony prosecutions .
25
26 Motion carried unanimously
27
28 C. Braun Intertech
29
30 Motion by Marks , second by Wagner to approve a claim in the
31 amount of $1 , 192 . 00 to Braun Intertech for professional
32 services rendered for the pavement management and program
33 installation.
34
35 The City Manager advised that the complete report on the
36 pavement management has been received from Braun Intertech.
37
38 Motion carried unanimously
39
40
41 D. Cal g on Carbon Corporation
42
43 Motion by Wagner, second by Marks to approve a claim in the
44 amount of $85, 380 . 00 to Calgon Carbon Corporation.
45
46 In response to a question from Mr. Frank Budnicki , a resident
47 of St . Anthony, the City Manager advised that this charge
48 reflects a twelve month period of service. He noted that these
49 charges are not taken from property taxes but rather 'are
50 reimbursed by the Army. This financial obligation was
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 5
4
5
6
7 determined through a lawsuit brought by the City against the
8 Army.
9
10 The filtration system is expected to be completely cleaned in
11 twenty years . The first ten years of charges are eighty
12 percent reimbursed.
13
14 Motion carried unanimously
15
16 E. Verified Clai-ms
17
18 Motion by Wagner, second by Marks to approve the two and one
19 half pages of verified claims as submitted by the Finance
20 Director.
21
22 Motion carried unanimously
23
24
25 7 . REPORTS
26
27 A. Report by Jeff Hansen - Pahl Avenue Resident
28
29 Mr. Hansen stated his purpose in appearing before the City
30 Council is to respond to some statements made by his neighbor,
31 Mr. Tom Hoban, at the July 28th Council Meeting. His .intent is
32 to also respond to some inaccurate information which appeared
33 in the August 4th edition of the Focus newspaper and the
34 August 5th edition of the Bulletin newspaper.
35
36 Mr. Hansen prefaced his remarks by stating that his roommate,
37 Glenn Brown, had no involvement with the activities noted by
38 Mr. Hoban.
39
40 He feels much of the problems which were addressed by Mr.
41 Hoban resulted from failure to communicate involving the
42 neighbors, his landlord, city staff and himself .
43
44 Mr. Hansen addressed the issues of his parking his vehicle for
45 long periods of time in front of his neighbors ' homes ; a
46 refrigerator left outside on his property; washing of his
47 vehicles ; and a potential health hazard from chemicals which
48 residents claimed were on his property.
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 6
4
5
6
7 He noted that when one of his neighbors mentioned the long
8 term parking of his vehicles in front of her home he has
9 ceased that activity. Noting that he is also concerned with
10 safety, Mr. Hansen stated he left the refrigerator on his
11 property only one day. He was advised that five complaints had
12 been received about this appliance by the Police Department ,
13 with some of the complaints coming after it had been removed.
14
15 Mr. Hansen contacted the Minnesota Department of Agriculture
16 regarding the possible health hazard which could result from
17 the residue coming from his washing of vehicles. He was
18 advised this residue involved no health hazard as it was
19 diluted.
20
21 Some complaints had been made regarding the 100 gallon drums
22 of Purac. Mr. Hansen corrected the capacity of the drums to
23 fifty-five gallons . Purac is eighty-eight percent lactic acid
24 which is sour milk . He is using the drums to store recycled
25 aluminum and they do not contain Purac.
26
27 Regarding the light on the top of his truck, Mr. Hansen stated
28 this was used only once to perform an experiment for an
29 astronomy class .
30
31 Mr. Hoban had also charged that Mr . Hansen had used a chipper
32 to chip some trees . Mr. Hansen stated he does not own a
33 chipper nor has used one on h i.s property. Regarding the bottle
34 rocket incident , Mr. Hansen said he was not at home when this
35 incident occurred.
36
37 Mr. Hoban felt the Police Department was not doing its job
38 regarding his complaints of Mr. Hansen ' s activities . Mr.
39 Hansen disagreed with this assessment and felt they had been
40 doing what they are supposed to be doing.
41
42 Mr. Hansen stated he does not appreciate Mr. Hoban' s constant
43 surveillance of his activities, both at his home and at
44 various work sites . He has found the incorrect and untrue
45 statements made by Mr. Hoban annoying and feels the statement
46 "Renters run down the community" unfair to him as a renter.
47 He also felt his accuracy as to when the business equipment
48 was removed from his property was questioned by Councilmember
49 Fleming.
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 7
4
5
6
7 Mr. Hansen has lived in St . Anthony for twenty -three years
8 and has been actively involved in community affairs . He serves
9 as a Fire Department volunteer, was employed on a seasonal
10 basis by the City' s Public Works Department for eight years,
11 and had participated in the Chamber of Commerce Lighting
12 Contest for three years .
13
14 Councilmember Fleming suggested that Mr. Hansen did not
15 respond to the first letter from the City dated April 23, 1992
16 in a timely manner and noted that a second letter was sent on
17 May 27, 1992 regarding removal of equipment .
18
19 Councilmember Marks inquired if all of Mr . Hansen' s business
20 equipment is completely removed from, his house and the
21 property. Mr. Hansen responded that it has all been removed as
22 of July 15, 1992 . The refrigerator is also removed.
23.
24 Councilmember Wagner commended Mr. Hansen on making his
25 statements and felt it was well worth it to set the record
26 straight .
27
28 B. Council Reports
29
30 1 . Report of Councilmember Wagner
31
32 Councilmember Wagner had nothing to report at this time.
33
34 2 . Report of Councilmember Fleming
35
36 Councilmember Fleming reported that the Village Fest.
37 wrap-up meeting and supper was held on August 10th.
38
39 She noted that some very critical and positive
40 suggestions were made to improve the Village Fest next
41 year. She reinforced her statement to reflect there will
42 definitely be a Village Fest held in 1993 .
43
44 The profit made from this year' s celebration is yet to be
45 determined.
46
47 The Police Chief attended the wrap-up meeting and
48 reported there were no problems during the Village Fest .
49 It had been recommended the Kiddie Parade be held on
50 Silver Lake Road next year.
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 8
4
5
6 A Volunteer Thank You Party is scheduled at
7 Ranallo' s home. Mayor
8
9 3 . Report of Councilmember Marks
10
11 Councilmember Marks thanked all of the staff who worked
12 so diligently to host the visitors from Salo, Finland. He
13 also recognized the work of the members of the Sister
14 City Committee.
15
16 No wrap-up meeting has been scheduled, for the Sister City
17 Committee, but Councilmember Marks expects this
18 scheduled within a month. to be
19
20 4 . _Report of Mayor Ranallo
21
22 Mayor Ranallo has received many phone 23 residents of Northeast Minneapolis regarding lcomments
24 made by a resident of St . Anthony which included the
25 phrase "Northeast Creeping Crud" and a
26 newspapers . PPeared in local
27
28 He wanted the record to reflect this comment was not made
29 by a city official and he apologized to all of the
30 callers..
31
32
33 C. Report of the Citv Manager
34
35 The City Manager advised that all of the
36 equipment for the City' s cable system has been received•
37 He is presently seeking tapes which would be a
38 to play on the community access channel . PPropriate
39
40
41 8 . NEW BUSINESS
42
43 A. Proposed Election Judge List for the State
44 Election. Primary
45
46 Motion by Marks, second by Wagner to approve
47 judges for the September 15, 1992 State Primary Election as
48 submitted by the City Clerk.
49
50
Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 9
4
5
6 B. Ordinance No. 1992-007 ; Re: Storm Water Utility (First
7 Reading)
8
9 The City Manager advised that the purpose of establishing this
10 storm water utility fund is when projects need to be done
11 regarding storm water funds will be available. It is the
12 feeling of the Council that this type of dedicated fund is
13 more equitable than assessing benefitted property owners . The
14 assessments would be very costly for property owners .
15
16 The City Manager felt the proposed rates should be ready by
17 the time the ordinance receives its second reading. A flat
18 rate is being proposed for residential property and a
19 different charge, such as by acreage, is being considered for
20 larger properties such as shopping centers and large apartment
21 buildings .
22
23 A storm drainage plan is mandated by the State of Minnesota.
24
25 The City Manager suggested uses for some of these dedicated
26 funds could be the diversion of water going into Silver Lake,
27 general replacement and repair of roads and possible
28 replacement of storm sewers , correction of problems
29 associated with Highcrest , 31st Avenue and the Mirror Lake
30 spillway, maintenance of Silver Lake and Mirror Lake, future
31 purchase of land for holding ponds, and installation of
32 appropriate sewer system size. The City Manager also noted
33 that this fund could be used to bond against .
34
35 Dennis Cavanaugh, 2909 St . Anthony Boulevard, drafted a list
36 of comments and questions regarding the proposed storm water
37 drainage utility. The draft addressed such matters as the
38 authority to establish a storm water drainage utility,
39 expansion of the present taxing authority to cover the
40 operation of the present sewer system, land use, exemptions,
41 adjustments, public hearing notices, need for this utility,
42 establishments of rates for residential and commercial
43 properties , development of a master storm drainage plan and
44 disposition of funds received from this utility.
45
46 Mr. Cavanaugh was of the opinion that State Statute does not
47 grant the City the authority to establish a storm water
48 drainage utility. The City Attorney responded that the statute
49 authorizes various utilities and drainage utilities 'and
50 charges for same.
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 10
4
5
6
7 Mr. Cavanaugh stated he sees the utility as just another layer
8 of taxes and requested the ordinance be tabled.
9
10 The City Attorney advised he will review Mr. Cavanaugh' s
11 written comments and consider the affect of these comments on
12 the ordinance before the second reading..
R Councilmember Marks requested a clarification of the hearing
15 notice requirement as stated in the ordinance.
16
17 Councilmember Wagner responded to Mr. Cavanaugh ' s draft of
18 comments in observing that he had interpreted the ordinance in
19 a way in which it was not intended. The Councilmember
20 suggested that by mentioning some projects which could be done
21 with funds from this utility did not mean that they were
22 guaranteed to be done. He felt that in time some of the fund
23 could be used to reduce assessments .
24
25 The City -Manager felt the storm sewer system fund had been
26 neglected in the past years . He thinks the establishment of
27 this fund could avoid hills and valleys in taxes to fund
28 projects.
29
30 Mayor Ranallo recalled that the Council had received criticism
3.1 in the past in not reacting faster in alleviating water
32 problems. He thinks this slow reaction was a direct reflection
33 on there being no funds available to make corrections. Also,
34 the Council was held to a three percent cap on tax increases .
35
36 Councilmember Marks noted that Mr. Cavanaugh raised an issue
37 of storm water- .runoff. He inquired if he were objecting to
38 combining managing runoff and establishing this fund.
39
40 Mr. Cavanaugh responded that half of the recommended projects
41 were capital projects . He felt these projects can clearly be
42 defined as management projects in a soft definition and would
43 leave a number of projects open- for interpretation.
44
45 The City Manager noted that the issue of managing water is the
46 reponsibi l i ty of St . Anthony no matter from where the water is
47 shed. There is also the water quality issue. He stated that
48 the new EPA standards will soon force St . Anthony to comply
49 with the same regulations as those of EPA for cities of the
50 first class .
1 REGULAR COUNCIL MEETING
2 AUGUST ' ll , 1992
3 PAGE 11
4
5 City Manager Burt stated that twenty-one percent of the
6 population in St . Anthony is sixty-five years or -older. He
7 noted that senior citizens can predict stable costs and would
8 prefer to not have to deal with "swings" in taxes. He also
9 felt assessments are difficult to prove as to benefitting
10 property owners and that flat rates are more equitable.
11
12 It is the position of the City Manager that it is preferable
13 to have a constant revenue stream rather than try to do
14 projects by assessments or tax increases . He noted that to
15 maintain the City' s current level of services may mean an
16 increase in property taxes .
17
18 Councilmember Marks felt the study done by Barr Engineering
19 was a very comprehensive study but indicated that there are
20 very limited options . He also felt the computer modelling was
,• 21 very effective but if it were used to compute costs per
22 household, per project it could become very complicated.
23
24 Mr. Cavanaugh felt property owners should be advised of how
25 many problems and projects have been receiving deferred
26 maintenance. Councilmember Wagner stated that deferred
27 maintenance was not correct .
28
29 Councilmember Marks observed that the ordinance will supply a
30 certain amount of funding coming in each year. He inquired how
31 long it would take to go through the list of proposed
32 projects .
33
34 The City Manager felt i t may be a very long time and that some
35 of the proposed projects would just be too expensive He
36 thinks the first year may realize about $40 , 000 and he
37 anticipates that the first road project will be before the
38 Council this winter.
39
40 Councilmember Marks estimated that the funds received the
41 first year would probably cover the planning phase. The City
42 Manager concurred with this conclusion. Councilmember Marks
43 also felt this issue required a good deal more discussion
44 especially regarding planning.
45
46 Motion by Wagner, second by Marks to approve the first reading
47 of Ordinance No. 1992-007 ; being an ordinance establishing a
48 storm water drainage utility.
49
50 Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 12
4
5
6 C. Bowlina Alley Appearance
7
8 Councilmember Fleming had recently visited the Walker
9 Apartments . While there she was advised by some of the
10 residents that the appearance of the rear of the building
11 where the bowling alley is housed is quite unsightly.
12
13 The back of this building is in essence the front yard for
14 those living in the Walker Apartments .
15
16 Some of the residents stated that last year this area had been
17 cleaned up and the brush has been trimmed. So far this year
18 there appears to be no 'maintenance and the debris and
19 overgrown brush is a nuisance.
20
21 The City Manager advised that city crews had been in the area
22 this week.
23
24 Councilmember Fleming noted that some of the activity which
25 takes place in that area by both adults and children is less
26 than acceptable. She spoke to the Police Chief about some of
27 this activity and he agreed that the height of the brush makes
28 it difficult to police the area.
29
30 Councilmember Fleming visited the owner of the bowling alley
31 to discuss the matter of cleaning up behind the building and
32 that some of the residents of the Walker Apartments are
33 disturbed with its appearance. He responded it is quite
34 expensive to keep this area groomed. She recommended it be
35 done more often and it may not be so expensive.
36
37 Councilmember Fleming stated she is planning to recommend that
38 a mural be painted on the bowling alley building which would
39 make it more aesthetically pleasing to the apartment
40 residents .
41
42 The potholes on Coolidge Avenue and the general disrepair of
43 the streets in the area were discussed. Although there is a
44 "No Thru Traffic" sign posted on the street , vehicles use it
45 as if it. were for through traffic.
46
47 The City Manager advised that this street has been included in
48 the Pavement Management Plan.
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 13
4
5
6 Councilmember Fleming recalled there had been a fence in -the
7 area at one time but it was removed by youngsters . She has
8 contacted Audrey Wagner regarding the Village Gardeners doing
9 something creative with the "triangle" piece of property.
10 Fixing up this area could be a volunteer project .
11
12 Councilmember Marks observed that there appears to be some
13 conflict for using this street for access to the shopping
14 center. He has .personally seen little traffic activity
15 although there are numerous docks behind businesses in the
16 center where there is some truck traffic . He felt the owner of
17 the bowling alley could consider doing some landscaping.
18
19 The Mayor suggested that the path to the Town & Country Store
20 should be a consideration when improving this area.
21
22 D. Committee - Improvement of City Appearances/Standards
23
24 Councilmember Fleming recommended that a committee be formed
25 which would address City standards and the vision of the City.
26 Some examples of issues this committee could address would be
27 removal of substandard/abandoned houses , clean up of brush
28 around Rosie' s Cafe, enhancement of the Neighborhood Crime
29 Watch Program, painting of areas around Silver Point Park,
3.0 etc. She noted there were no open houses for the National
31 Night Out in the City .this year.
32
33 She felt the committee could have the flavor of a round table
34 which would discuss and resolve conflicts and the end result
35 would_ be ordinances which would be trimmed.
36
37 Councilmember Marks suggested this idea could be discussed at
38 the Council ' s annual planning session.
39
40 Mayor Ranallo felt what is being suggested for a committee is
41 what the City Council is supposed to be doing. The Council
42 should be addressing these problems when there is an awareness
43 that they exist . He was of the opinion that the City Council
44 would be moving its responsiblity to this committee.
45
46 Councilmember Fleming inquired as to the activity of the
47 City' s Human Rights Commission. Mayor Ranallo noted the
48 Commission had ceased functioning as there were not many
49 projects for it to address. It could have used some
50 revitalization.
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 14
4
5
6 10 . UNFINISHED BUSINESS
7
8 A. South End Moratorium Extension
9
10 A memo from the City Manager recommended a six month extension
11 of the south end moratorium.
12
13 He noted that much of the expansion plans of Roger -Bona, owner
14 of the service station in the area, hinge on the alignment of
15 the roadway. He felt if Mr. Bona desires to do something on
16 his property this winter the matter can be brought before the
17 Council .
18
19 The appraisal for Rosie' s Cafe was received today. The
20 appraisal for the Good Luck Cafe should be coming in shortly.
21
22 Councilmember Marks inquired if an extension for six months is
-23 really needed. He is uneasy with what amounts to a one and one
24 half year moratorium.
25
26 The City Manager advised that there is a provision in the
27 ordinance whereby the moratorium can be terminated by the
28 Council at any time within that six months .
29
30 Roger Bona stated he has decided his plans for the west side
31 of his building. He may need to shift his focus to the east
32 side of the building depending on if the roadway shifts . He
.33 stated his intention is to add character to the building as
34 his property- is part of the gateway to the City. Mr. Bona
35 noted he intends to work with the City very cooperatively and
36 needs no funding for his project .
37
38 When he purchased the adjoining meat market six years ago, Mr.
39 Bona replaced a worn fence with a rustic fence and resurfaced
40 the area. He feels these improvements have been beneficial to
41 the area.
42
43 Noting that Mr. Bona has been a good resident , the Mayor
44 inquired if he had any problem with the moratorium extension.
45
46 Mr. Bona noted that winter weather would prohibit most
47 improvements he has in mind but he stated he desires access
48 from the back of the meat market to his service station .
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 15
4
5
6 The City Manager felt there were many issues which still need
7 to be addressed and that the six month extension would be very
8 helpful .
9
10 Motion by Fleming, second by Wagner to extend the south end
11 moratorium for six months .
12
13 The City Manager requested Mr. Bona to bring in his plans for
14 the improvements to the service station and the meat market
15 project . The City Manager noted his concern with the
16 "temporary" nature of the meat market , the load bearing
17 structural wall and with the desired access to 27th Avenue.
18 The City Manager stated that 27th Avenue is being looked at as
19 a buffer from the abutting residential area.
20
21 Motion carried unanimously
22
23
24 B. Ordinance No 1992-006, Re: Solid Waste (Third Reading)
25
26 Motion by Marks, second by Wagner to adopt Ordinance No. 1992-
27 006, being an ordinance requiring mixed municipal solid waste
28 collection for all residential and commercial properties
29 within the boundaries of the City of St . Anthony; amending the
30 1973 Code of Ordinances to add new subsections 560 . 06, 560 . 07 ,
31 and 560 . 08 .
32
33 Motion carried unanimously
34
35 On August 18th at 6 : 00 p.m. there will be a joint meeting
36 between the City Council and the Planning Commission in the
37 Council Chambers .
38
39 On August 25th at 6 : 00 p.m. there will be a joint meeting
40 between the City Council and the School Board in Wilshire
41 School .
42
43 10 . ADJOURNMENT
44
45 Motion by Marks, second by Wagner to adjourn the meeting at
46 9: 25 p.m.
47
48 Motion carried unanimously
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 11 , 1992
3 PAGE 16
4
5
6
7 Respectfully submitted,
8
9
10 Jo-Anne Student , Council Secretary
11
12
13
14
15
16 Mayor Clarence Ranallo
17
18
-19
20
21 ATTEST:
22 City Clerk
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
1 CITY OF ST. ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 AUGUST 25, 1992
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7: 30 p.m. and the Pledge of
11 Allegiance was led by Mayor Ranallo.
12
13
14 2. ROLL CALL
15
16 Council Present : Mayor Ranallo, Councilmembers Marks, Enrooth,
17 Fleming and Wagner
18
19 Staff Present : City Manager Burt , City Attorney Soth and
20 Management Assistant Urbia
21
22
23 3. APPROVAL OF AGENDA FOR AUGUST 25, 1992 COUNCIL MEETING
24
25 Motion by Marks, second by Enrooth to approve the agenda for
26 the August 25, 1992 Council Meeting with the following
27 additions :
28
29 7 . Manaaer' s Report
30
31 Dates for Budget Hearings
32
33 9. New Business
34
35 Bid Award -- Phase II Sidewalk Project
36
37
38 Motion carried unanimously
39
40
41
42 4 . APPROVAL OF MINUTES OF THE AUGUST 11 , 1992 COUNCIL MEETING
43 MINUTES
44
45 Motion by Fleming, second by Wagner to. approve the minutes of
46 the August 11 , 1992 Council Meeting with the following
47 corrections:
48
49 page 5, lines 10 through 12 : These lines should read, "The
50 groundwater is anticipated to be completely cleaned in twenty
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 2
4
5
6 years. The first ten years of charges are ninety percent
7 reimbursed. "
8
9 page 9, line 26 : Delete "general replacement and repair of
10 roads" and insert "with road construction"
it
12 Motion carried unanimously
13
14
15 5. LICENSE/PERMITS/PETITIONS
16
17 Contractor ' s Licenses
18
19 Motion by Wagner, second by Marks to approve the contractor' s
20 license application for Pine Cone Nursery, Inc. of Coon
21 Rapids , Mn.
22
23 Motion carried unanimously
24
25
26 Motion by Wagner, second by Marks to approve the .contractor' s
27 license application for Card Construction of St . Paul , Mn.
28
29 Motion carried unanimously
30
31
32 6. PRESENTATION OF CLAIMS
33
34 A. Norwest Banks
35
36 Motion by Marks, second by Enrooth to approve payment in the
37 amount of $34 , 238 . 75 to Norwest Banks for debt service payment
38 for principal and interest due by October 1 , 1992 .
39
40 Motion carried unanimously
41
42 B. Hennepin County
43
44 Motion by Marks , second by Enrooth to approve payment in the
45 amount of $20 , 424 . 15 to Hennepin County for the City' s share
46 of the signaling project 'on 37th Avenue and Stinson Boulevard.
47
48 Motion carried unanimously
49
50
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 3
4
5
6 C. Barr Enaineerina
7
8 Motion by Marks, second by Enrooth to approve payment in the
9 amount of $294 . 60 to Barr Engineering for professional
10 cervices rendered from March 1 , 1992 through June 27 , 1992 for
11 the Highcrest Street Outlet project .
12
13 Motion carried unanimously
14
15 D. F.F. Jedlicki , Inc.
16
17 Motion by Marks , second by Enrooth to .approve payment in the
18 amount of $8 , 559.00 to F.F. Jedlicki , Inc. for final payment
19 on the Highcrest Street storm sewer.
20
21 Motion carried unanimously
22
23 E. Maier Stewart and Associates
24
25 Motion by Marks, second by Enrooth to approve payment in the
26 amount of $1 , 300 . 27 to Maier . .Stewart and Associates for
27 professional services rendered from June 28 , 1992 through
28 August 1 , 1992 regarding the water system plans and
29 specifications .
30
31
32 Motion carried unanimously
33
34 F. Verified Claims
'35
36 Motion by Marks , second by Enrooth to approve payment of the
37 four pages of verified claims as submitted by the Finance
38 Director.
39
40 Motion carried unanimously
41
42
43 7 . REPORTS
44
45 A. Council Reports
46
47 1 . Report of Councilmember Wanner
48
49 Counc.ilmember Wagner has nothing to report at this time.
50
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 4
4
5
6 2 . Report of Councilmember. Fleming
7
8 Monday, September 14th is the next scheduled meeting of
9 the Village Fest Committee. Councilmember Fleming stated
10 that profits from the 1992 Village Fest will be about
11 $5, 000 . She also noted that Mayor Ranallo is hosting an
12 appreciation evening for volunteers who participated in
13 the Village Fest at- his home on September 11th-.
14
15 3. Report of Councilmember Marks
16
17 Councilmember Marks had noticed blue paper boxes located
18 throughout the community for the purpose of selling
19 newspapers . The City Manager was contacted regarding this
20 matter. He contacted the attorney for the Pioneer Press
21 and requested these containers be removed within ten
22 days.
23
24 4 . Report of Councilmember Enrooth
'2 5
26 Councilmember Enrooth had been vacationing and had
27 nothing to report .
28
29 5. Report of Mayor Ranallo
30 - -
31 The Mayor serves on the State' s Federal Legislation
32 Committee. He advised that there is presently being
33 considered a constitutional amendment to safeguard a fund
34 for cities . This fund is intended to replace the Trust
35 Fund for cities which was used by the Governor during the
36 last legislative session.
37
38 The Mayor noted that both the League of Minnesota Cities
39 and the Association of Metropolitan Municipalites are
40 reviewing this issue.
41
42 B. Report of the City Manager
43
44 1 . The City Manager discussed the possible dates which
45 could be considered for the Budget Public Hearing. This
46 hearing is mandated by law for all taxing authorities ,
47 the County, the School District and the City.
48
49 Wednesday, December 9, 1992 at 7 : 00 p.m. was the time and
50 date selected for the Budget Public Hearing.
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 5
4
5
6 Mayor Ranallo explained it is the intention of the City
7 Council to afford residents an opportunity for input on
8 the budget . An informational meeting is scheduled for
9 October 13, 1992 at 7 : 30 p.m. for this purpose. The
10 intent is to have citizen comments and suggestions before
11 the budget is finalized in December.
12
13 The City Manager advised the levy will be certified at
14 the September 8th Council Meeting. This will be
15 advertised through press releases irr the City' s local
16 newspapers and on the cable access channel .
17
18
19 8 . PUBLIC HEARING
20
21 A. Proposed Apache Plaza Redevelopment" Plan and Tax Increment
22 Financina Plan (Resolution No. 92-040 )
23
24 Notice of this public hearing had appeared in the August 12 ,
25 1992 edition of the Bulletin.
26
27 The public hearing was opened at 7 : 45 p.m.
28
29 The Mayor introduced the financial .advisor, Bob Thistle from'
30 Springsted, Inc. , and Jerry Gilligan of the Dorsey & Whitney
31 law firm, who is the City ' s bond counsel .
32
33 Mr. Gilligan stated there are two plans under consideration.
34 One is the proposed redevelopment plan and the second is the
35 tax increment financing plan .
36
37 The redevelopment plan includes major renovation of the main
38 center of Apache Plaza, demolition of the sports and 'health
39 club, and a storm water holding pond. The New Market space
40 will be vacated and be available for another tenant .
41
42 Mr. Gilligan advised that the , Council is required by
43 resolution to make certain Findings regarding this project .
44 The Findings must include that the parcels under consideration
45 consist of seventy percent of the area in the District are
46 occupied by buildings , streets , utilities or other
47 improvements and that more than fifty percent of the buildings
48 (not including outbuildings) are structurally substandard to
49 a degree requiring substantial renovation or clearance.
50
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 6
4
5
6
7 Uteig Engineering , Inc . performed the Apache Mall Structural
8 Evaluation and submitted a report for Council consideration.
9 The report stated that the Apache Mall complex consists of
10 five buildings . The largest building is the Apache Mall . The
11 remaining buildings consist of the New Market Grocery
12 building, a Sports and Health Club building, a Mobil Service
13 Station building and and a Tires Plus building.
14
15 Uteig Engineering conducted evaluations on the New Market
16 building, the Sports and Health Club building and the Mobil
17 Service Station building. All of them were found to be
18 substandard by definition.
19
20 It was Mr. Gilligan'.s recommendation to exlude the Mobil
21 Service Station building and the Tires Plus building from the
22 Tax Increment District and reduce the redevelopment to three
23 parcels , two of which have substandard buildings' located on
24 them.
25
26 The other required Findings are met by this development . The
27 developer is requesting tax increment assistance and the
28 project would . not be possible without these funds and the,
29 redevelopment 'plan conforms to the general plan for the
30 development of7the City as a whole.
31
32 Councilmember Marks inquired how long this whole process would
33 take. Mr. Gilligan responded that there will be a need to
34 subdivide but this would not hold up the process .
35
36 Mr. Thistle reviewed the obligations of tax increment
37 financing. He noted that this type of financing does not use
38 existing tax dollars nor take any away from what is already
39 being paid.
40
41 He explained the mechanics of tax increment financing and
42 development of a tax increment financing district .
43
44 With the use of an overhead, Mr. Thistle reviewed the present
45 appearance of the parcels under consideration and the proposed
46 redevelopment . project area which will be located in the
47 district . He explained that tax capacity yields the property
48 taxes and the increment expected. The estimated market value
49 of the properties is used to estimate the tax capacity.
50
1 REGULAR COUNCIL MEETING
2- AUGUST 25, 1992
3 PAGE 7
4
5
6 Some of the benefits of this project is that it will attract
7 other new businesses which may have located elsewhere, it
8 affords opportunities for employment and the secondary spinoff
9 of the project can be improvement of businesses in nearby
10 locations . The quality of a development is enhanced by tax
11 increment financing and the City has better control over the
12 nature of the development if it takes place in a tax increment
13 financing district . Mr. Thistle advised that income from the
14 district may be used for administration costs and/or
15 commercial development up to ten percent .
16
17 The Development Agreement is between the City and the land
18 owner. The agreement defines the type of financing . which can
19 be used and may require that the City put in some public
20 improvements .
. 21
22 The Development Agreement protects the City in that it
23 stipulates the market value of the development and the
24 completion date of the redevelopment . If that date is not met ,
25 the City can withhold bond proceeds until the . developer
26 completes what is being required. The Agreement also requires
27 a liquidity guarantee, which is often in the form a letter of
28 credit from the land owner which would cover debt service
29 shortfalls . The land owner finances the improvements and is
30 reimbursed.
31
32 Mr. Thistle reviewed projects which are eligible for use of
33 these types of funds ; land acquisition, soil correction, site
34 preparation, relocation, demolition and public improvements
35 such as streets, sewers and pedestrian walkways . He is of the
36 opinion that this redevelopment project is a classic example
37 for use of tax increment funds in that it includes nearly all
38 of the aforementioned eligibility requirements . He feels this
39 is an excellent tool for the City to use in redeveloping a
40 dated shopping mall area.
41
42 Mayor Ranallo introduced Dennis Cavanaugh, President of the
43 C.G. Rein Company, which owns the Apache Mall . The Mayor noted
44 there have been several meetings between Mr. Cavanaugh and
45 members of the City Council and City Manager.
-46
47 Mr. Cavanaugh, using an architect ' s rendering, addressed the
48 redevelopment project for Apache Mall complex. There will be
49 36, 000 square feet of tenant space relocated in the mall .
50 Currently, there is 105 , 000 square feet vacant .
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 8
4
5
6 Mr. Cavanaugh noted that since the anchor store, Montgomery
7 Wards , moved from the shopping mall in 1979, the activity in
8 the mall has steadily declined. He is of the opinion that
9 location of a CUB Store in the mall will generate traffic to
10 the existing stores in the mall and will attract new tenants .
11 He noted he has been contacted by three firms interested in
12 1-ocating in the mall in the eventuality that CUB locates
13 there. Also, �there is a prospective tenant for the New Market
14 space which will require 91 , 000 square feet .
15
16 The resident at 3412 Skycroft inquired if consideration had
17 been given to using the existing space rather than the
18 proposed demolition .
19
20 Ms . Pat Draper, representing CUB Stores , advised that the
21 grocery industry technology requires a state-of-the-art type
22 of building and this building is antiquated. She noted that a
23 present standing building cannot be adapted to suit the needs
24 of an upscale grocery store and it cannot be made to be
25 efficient .
26
27 The resident at 4033 Silver Lake Terrace is supportive of the
28 plans . He feels it will address three important issues; those
29 are, economic interests, environmental concerns, and liability'
30 and vulnerability of the City. The economic interests of the
31 City will be served in that there will probably be other
32 businesses which will locate in the City as a spinoff result
33 of this redevelopment . The environmental concerns will be
34 addressed in that an opportunity will be present to repair the
35 infrastructure which was put in to control the water runoff
36 into Silver Lake from the mall . He questioned why the Mobil
37 Station was not included in the project . The resident advised
38 he is comfortable with the
issues of liability and
39 vulnerability in that the City Council and staff appear to
40 have minimized any risk to the City with this project .
41
42 The resident at 2909 St.. Anthony Boulevard questioned the
43 sources of informat ion.which indicated that this redevelopment
44 would reverse the economic. decline of the mall . He feels
45. another opinion should be gotten regarding the use of the
46 shopping mall . He referred to a recent article in the Pioneer
47 Press which stated there is a mall glut .
48
49 This resident recalled that Apache Plaza shopping mall has
50 already received one tax abatement and that another is
I REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 9
4
5
6 expected. He is concerned that there may not be :enough revenue
7 generated to pay the bond debt . He also noted examples of
8 "stand alone" CUB stores where adjacent businesses did not
9 prosper as is being expected in the Apache Mall complex area.
10
11 He requested the status of the CUB Store on 18th and Central
12 Avenues . The CUB Store representative responded that two
13 stores may yet be built but this is not certain . The resident
14 inquired if staff had done any studies on the impact a .store
15 on 18th and Central Avenues may have on the proposed Apache
16 Mall store.
17
18 The resident also requested an explanation of the security of
19 the general obligation bonds and the general revenue . bonds .
20 The bond counsel addressed this inquiry.
21
22 The resident suggested that consideration should be given to
23 locating City Hall and the Community Services offices in
24 Apache Mall . He doubts the viability of this project and is
25 concerned about the future of the St . Anthony Shopping Center
26 if this project is approved.
27
28 Rod Johnson, . representing the management firm for the St .
29 Anthony Shopping Center, stated he has some concerns regarding'
30 this .project . He is not convinced that the tax increment' fund
31 district is being established according to the requirements .
32 The potential impact of this project on the St . Anthony
33 Shopping Center as well as the south end development of the
34 City is also of concern. He noted that if the Town and Country
35 grocery store were to close there would be a direct impact on
36 the shopping center. Some tenant leases are tied into this
37 store remaining open.
38
39 Mr . Johnson - stated that in 1987 the management of the St .
40 Anthony Shopping Center approached the City requesting
41 assistance to improve the center and to give it a facelift . At
42 that time they were advised that the shopping center did not
43 qualify as a tax increment district..
44
45 A pool of funds remaining from another project by this
46 management firm was used to do the facelift , which included a
47 new roof , signage, painting and correcting of deficiencies .
48 Mr. Johnson suggested this is an issue of fairness .
49
50 The City Manager recalled that the request for establishment
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 10
4
5
6 of a tax increment district was made verbally to a former City
7 Manager. He noted a letter from the legal counsel representing
8 the St . Anthony Shopping Center management was. received today.
9 Copies of the letter were distributed to the Council . The City
10 Manager quoted the letter which stated objections to the
11 proposed plans .
12
13 Mr. Johnson observed that Apache Plaza Mall was not included
14 in the structural evaluation prepared by Uteig Engineering. He
15 feels it should have been . He also understands the requirement
16 that ninety percent of the funds from the tax increment be
17 used to correct substandard conditions. He feels some of this
18 money is being used for other purposes . It is his opinion that
19 the CUB store should locate in the New Market building.
20
21 It is Mr. Johnson ' s opinion that a great deal is being risked
22 in view of the fact that only seventy-five cents more per
23 square foot -will be realized in taxes with this project and
24 there -is a risk that CUB may not flourish nor attract other
25 businesses . The City Manager did not agree on the amount of
expected.
additional taxes ex
26 P
27
28 Mayor Ranallo recalled that in 1978 , when the Kenzington and.
29 Autumn Woods were being considered for a tax' increment
30 financing district , the shopping center management was
31 approached to be included. The response at -that time from the
32 owners and the merchants was they chose not to be included.
33
34 Mr. Johnson acknowledged this but noted that if tax increment
35 funding had been available in 1989 there would have been more
36 done at the shopping center..
37
38 The City Manager again stated that when the request was made
39 in 1987 to establish a tax increment district it was made
40 verbally and no formal plans were presented to the City
41 Manager. It was felt at that time there would not be- enough
42 tax increment generated to qualify.
43
44 Councilmember Marks recalled that he . was one of the two
45 councilmembers who served on the task force in 1978 to review
46 the possibility of establishing a tax increment district . He
47 noted that members of "the task force were disappointed and
48 frustrated by the lack of input from the business people in
49 the St . Anthony Shopping Center .
50
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 11
4
5
6 Other residents of the City expressed their support for the
7 location of a CUB store and the redevelopment plans for Apache
8 Mall .
9
10 Ms . Mary Dorseth, of Briggs and Morgan, who is representing
11 the C.G. Rein Company, responded to the letter from the St .
12 Anthony Shopping Center legal counsel . She advised that the
13 lard is not being sold at a low price and that full market
14 value is being paid. She noted that funds from a tax increment
15 financing district can be used to pay the costs of demolition
16 of an outmoded area in the shopping center. Regarding the
17 legal counsel ' s suggestion that the project does not meet the
18 requirement of substandard conditions, she noted that two
19 buildings are clearly substandard. Also, relocation of present
20 tenants is an acceptable reason for use of some of these
21 funds .
22
23 Ron Hergers , President of the Apache Plaza Merchants
24 Association and Manager of Herberger ' s, advised that there has
25 been very- positive support received from other merchants in
26 the mall for the redevelopment . He noted that attendance at
27 the Association ' s meetings has also increased. He feels the
28 project will be good for St . Anthony Village and good for the.
29 St . Anthony Shopping Center.
30
31 Councilmember Wagner, who represents the City at the Apache
32 Plaza Merchants Association, confirmed the enthusiasm of the
33 merchants for the project and also has noticed the increased
34 activity at meetings .
35
36 Ken Sundvold, manager of the J. C. Penney store at Apache
37 Plaza, is very supportive of the redevelopment and views it as
38 a real plus for other merchants in the center. He advised of
39 a conversation he recently had with the manager of the
40 Woolworth' s store. Woolworth' s has been evaluating its
41 operation and may even look at remodelling if the CUB store
42 goes into the area. Mr. Sundvold feels that other merchants
43 may consider upgrading their -stores as well if this were - to
44 occur.
45
46 Mayor Ranallo stated there are fifty acres... available for
47 redevelopment which would accommodate about seventy five
48 homes . He noted that the value of properties as residential
49 development would have to be three times in value to generate
50 taxes similar to those coming . from commercial .
I REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 12
4
5
6 Motion by Enrooth, second by Marks to close the public hearing
7 at 9: 20 p.m.
8
9 The Mayor advised those in attendance that any action taken by
10 the City Council tonight does not mean that the entire project
11 has received its final approval . He noted that the Development
12 Agreement is still to be drafted and there are other
13 considerations between the City, C. J. Rein Company and the
14 CUB Stores management .
15
16 The City Attorney advised that a joint City Council and
17 Housing and Redevelopment Authority Meeting could be conducted
18 or the City Council Meeting could be adjourned to convene the
19 HRA Meeting.
20
21 The Joint City Council and Housing and Redevelopment Authority
22 Meeting was called to order at 9: 21 p.m.
23
24 1 . CALL TO ORDER
25
26 The Chairperson called the meeting to order at 9: 21 p.m.
27
28 2 . APPROVAL OF H.R.A. RESOLUTION NO. 1992-005
29
30 Motion by Marks , second by Wagner to approve Resolution No.
31 1992-005, being a resolution relating to Redevelopment Plan
32 for Redevelopment Project Area No. 3 - Ramsey County, and the
33 Redevelopment Project' to be undetaken pursuant thereto and Tax
34 Increment Financing plan for Tax Increment Financing District
35 No. 3 - Ramsey County; approving Redevelopment Plan for
36 Redevelopment Project Area No. 3 - Ramsey County and the
37 Redevelopment Project to be undertaken pursuant thereto, Tax
38 Increment Financing Plan for Tax Increment Financing District _
39 No. 3 - Ramsey County, and requesting the approval of the City
40 Council .
41
42 Motion carried unanimously
43
44
4.5 3 . PROPOSED APACHE PLAZA.-... REDEVELOPMENT PLAN AND TAX
46 INCREMENT FINANCING PLAN (RESOLUTION NO. 92-040 )
47'
48 Motion by Wagner, second by Enrooth to approve Resolution No.
49 92-040 being a resolution approving Redevelopment Plan for
50 Redevelopment Project Area No.. 3 - Ramsey County and the
1 REGULAR COUNCIL MEETING
2 AUGUST 25 , 1992
3 PAGE 13
4
5
6 Redevelopment Project to be undertaken pursuant thereto and
7 Tax Increment Financing Plan for Tax Increment Financing
8 District No. 3 - Ramsey County, and making findings with
9 respect thereto.
10
11 Commissioner Marks observed that all of the Findings are
12 contained in the resolution and the City Council agrees that
13 all of the conditions have been met to set up a Tax Increment
14 Finance District .
15
16 Motion by Fleming, second by Enrooth to recess the joint City
17 Council and H.R.A.' Meeting at 9 : 25 p.m.
18
19 Motion carried unanimously
20
21
22 9. NEW BUSINESS
23
24 A. Resolution No. 92-039, Re: Sale of $405, 000 Liquor Store
25 Revenue Refundina Bonds
26
27 The City Manager advised that three bids were received and
28 they were all close to the projected estimates.
29
30 The bond counsel felt $18 , 400 could be realized in the
31 refunding..
32
33 Copies of the Official Statement of the revenue refunding
34 bonds, drafted by Springsted, Inc . , Public Finance Advisors ,
35 were distributed to the Council .
36
37 Motion by Marks , second by Fleming to approve Resolution No.
38 92-039, being a resolution awarding the City of St . Anthony
39 liquor store revenue refunding bonds with said award being
40 made to Moore, Juran and Company, Incorporated.
41
42 Motion carried unanimously
43
44
45 10 . UNFINISHED BUSINESS
46
47
48 A. Ordinance No. 1992-007 , Re: Storm Water Drainaae Utility
49 ( second reading)
50
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 14
4
5
6
7 The City Attorney advised he substantially re-wrote the
8 ordinance by changing the wording but not the substance. He
9 noted that he has replaced the word "utility" with the word
10 "facility. "
11
12 Dennis Cavanaugh, a St . Anthony resident , had submitted a. list
13 of written questions regarding this ordinance at a previous
14 Council Meeting. He thanked the City Attorney for his
15 responses and for the additional information he received from
16 the - City Manager.
17
18 Mr. Cavanaugh still feels the ordinance should be tabled. He
19 observed that the Task Force has recommended that sidewalks be
20 included in the usages for these funds also. He is of the
21 opinion that "utility" is not well defined and he has observed
22 that 'it appears that the funds generated the first year will
23 be used for a plan .
24
25 The Mayor is supportive of the fund and noted that there will
26 be federal mandates coming in the near future which will
27- require cities to clean up their storm water. He felt there
28 are two ways to do this ; set up the fund so it cannot be
29 tampered with by the Legislature or wait until the clean up is
30 mandated and then find ways to pay for this .
31
32 Another resident stated he feels the City Council should be
33 looking for solutions to the water problems now. He cited an
34 instance where his son hit a sink hole with his car and the
35 car was significantly damaged.
36
37 Motion by Enrooth, second by Wagner to approve the second
38 reading of Ordinance No. 1992-007 , being an ordinance
39 relating to the construction, reconstruction , repair and
40 improvement of storm sewer systems and related facilities and
41 charges for the use and availability of storm water
42 facilities ; amending the &t . Anthony 1973 Code of Ordinances
43 by adding a new Section 2.60 .
44
45 Councilmember Marks stated he favors a dedicated fund to do a
46 dedicated job. He requested a preliminary plan listing items ,
47 costs and schedule.
48
49 The City Manager advised he and the City staff have just
50 started working on a five year capital improvement plan . He
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 15
4
5
6
7 does not expect it to be completed before the next Council
8 Meeting. He noted there is a ten year plan for road
9 replacement which will include storm sewer replacement .
10
11 The City Manager feels the initial plan will be completed in
12 time to be presented to - the City Council at one of its
13 November meetings .
14
15 Councilmember Marks felt this plan should be available for
16 Council consideration before the final reading and adoption of
17 the ordinance.
18
19 Councilmember Wagner noted there are some items which could
20 use these funds the first year. Councilmember Enrooth observed
21 that some of these problems have been discussed for over ten
22 years . Councilmember Marks felt that they are really
23 underfunding.
24
25 The City Attorney advised that the first draft of the
26 ordinance did not include a dedicated fund. He added Section
27 260 . 25 for the second reading.
28
29
30 Motion carried unanimously
31
32
33 B. Kenzie Terrace Sidewalk Construction - Phase Ii
34
35 A bid tabulation for the Kenzie Terrace sidewalk construction
36 project was received from Maier Stewart and Associates , Inc .
37 The low bidder was Norsk Concrete Construction in the amount
38 of $9, 970 . The engineering estimate was for $8 , 900 .
39
40 The consulting engineer noted that the City has worked with
41 this firm before and are comfortable with their work . They are
42 recommending acceptance of this bid.
43
44 Motion by Wagner, second by Marks to accept the bid of $9 , 970
45 from Norsk Concrete Construction as recommended by the City ' s
46 consulting engineer from Maier Stewart and Associates , Inc .
47 for the Kenzie Terrace Sidewalk Construction Project - Phase
48 II .
49
50 Motion carried unanimously '
1 REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 16
4
5
6
7 C. Status of Housing Maintenance Code, Road Task Force Report
8 and Proposed 1993 Budget
9
10 Dennis Cavanaugh inquired as to the status of the Housing
11 Maintenance Code'. He was advised it will be coming to the
12 City Council at its September 8th meeting.
13
14 The Road Task Force will be meeting on August 31st and its
15 recommendations will be brought to the Council at its
16 September 8th meeting.
17
18 The City Manager advised that he will be meeting with each
19 Councilmember individually to discuss the 1993 budget . It will
20 become a public document on October 13th and there will be a
21 Budget Public Hearing on December 9th.
22
23 Mr. Cavanaugh is interested in purchasing a copy of the
24 proposed budget . He feels citizen access can be expensive and
25 noted that he paid $10 . 25 for a copy of the Tax Increment
26 Financing District Plan .
27
28
29 D. Pahl Avenue Problems
30
31 Mary Ann Kuharkki , 2709 Pahl Avenue, was present to submit a
32 letter of response to comments made at a previous Council
33 meeting regarding problems among residents on Pahl Avenue. She
34 submitted her letter so it can be included in the public
35 record.
36
37 Mrs . Kuharksi referred to some of the incidents which have
38 recently occurred in her neighborhood. While she feels that
39 presently the area is calmed down she is concerned about the
40 situations which took place, the affect they had on some of
41 her neighbors and the manner in which they were responded to
42 by City staff . She also explained .her reason for not wanting
43 to participate in mediation or counselling.
44
45 Mrs. Kuharski ' s letter, dated August 25, 1992 , was accepted
46 and placed on file.
47
48
49
50
I REGULAR COUNCIL MEETING
2 AUGUST 25, 1992
3 PAGE 17
4
5
6 11 . ADJOURNMENT
7
8 Motion by Marks, second by Wagner to adjourn the meeting at
9 9: 59. p.m.
10 '
11 Motion carried unanimously
12
13
14
15
16 Respectfully submitted,
17
18
19 Jo-Anne Student , Council Secretary
20
21
22
23
24 Mayor Clarence Ranallo
25
26
27
28 ATTEST:
29 City Clerk
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
1 CITY OF ST . ANTHONY
4 REGULAR COUNCIL MEETING
5
6 SEPTEMBER 22 , 1992
7
8
9 CALL TO ORDER/PLEDGE OF ALLEGIANCE
10
11 The meeting was called to order at 7 : 30 p .m. and the Pledge of
12 Allegiance was led by Mayor Ranallo .
13
14
15 2 . _ROLL CALL
16
17 Council Present : Mayor Ranallo, Councilmembers Marks , Fleming
Sti and Wagner .
r.
20 Council Absent : Councilmember Enrooth
21
22 Staff Present : City Manager Burt , City Attorney Soth and
23 Management Assistant Urbia
24
25
26 3 . APPROVAL OF AGENDA FOR SEPTEMBER 22 , 1992 COUNCIL MEETING
6 Motion by Marks , second by Wagner to approve the agenda for
29 the September 22 , 1992 Council Meeting with the following
30 addition :
31
32 Unfinished Business
33
34 C. Resolution No . 1992-041A - Date of reconvening of budget
35 public hearing
36
37 Motion carried unanimously
38
39
40 4 . APPROVAL OF SEPTEMBER 8 , 1992 COUNCIL MEETING MINUTES
41
4.2 Motion by Marks , second by Wagner to approve the minutes of
43 the September 8 , 1992 Council Meeting with the following
44 corrections :
45
46 page 12 , line 14 : Change "on" to "will be"
47 page 12 , line 14 : Change "are in" to "will be"
8 page 19, line 44 : Change "Attorney" to "Manager"
49
50 Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 22 , 1992 •
3 PAGE 2
4
5
6
7 5 . LICENSES/PERMITS/PETITIONS
8
9 Contractor ' s License
10
11 Motion by Marks , second by Wagner to approve the license
12 application for a contractor ' s license submitted by Gene
13 Becker & Sons Builders of Burnsville, Mn .
14
15
16 Motion carried unanimously
17
18 Heating License
19
20 Motion by Marks , second by Wagner to approve the license
21 application for a heating license submitted by Burnsville
22 Heating & Air Conditioning of Burnsville , Mn .
23
24
25 Motion carried unanimously
26
27 •28 6 . PRESENTATION OF CLAIMS
29
30 A. Verified Claims
31
32 Motion by Wagner , second by Marks to appove the five pages of
33 verified claims as submitted by the Finance Director.
34
35 Motion carried unanimously
36
37
38 7 . REPORTS
39
40 A. Council Reports
41
42 1 . Report of Councilmember Wagner
43
44 On behalf of the Kiwanis Club, Councilmember Wagner
45 thanked the Council for designating "Kiwanis Peanut Day"
46 in St . Anthony . He noted that the peanuts were not
47 available at the last Council Meeting when the
48 proclamation was read..
49
50 He distributed packages of peanuts to members of the
•
I REGULAR COUNCIL MEETING
4k SEPTEMBER 22 , 1992
_ PAGE 3
4
5
6 Council , City staff and those residents in attendance.
7
8 The Kiwanis Peanut Sale is Friday, September 25, 1992 .
C
10
11 2 . Report of Councilmember Marks
12
13 Councilmember Marks advised that the next meeting of the
14 Sister City Committee is Sunday,' September 27 , 1992 .
15
16
17 3 . Report of Councilmember Fleming
18
19 Councilmember Fleming advised that the next meeting of
20 the Village Fest Committee is scheduled for the first
21 Monday in October . At that meeting the Chairperson will
22 be selected . The Committee has also committed to hiring
23 the Rockin ' Hollywoods for the 1993 Village Fest
24 Celebration .
25
26 4 . Report of Mayor Ranallo
The Mayor noted that the City Council had met this
29 evening with the School Board to discuss the future of
30 the Community Building. Consideration is being given to
31 hiring a consul.tant who will assess the needs of the
32 building.
_33
34 Mayor Ranallo felt the Clean-Up Day in St . Anthony had
35 been very successful . Some of the comments he received
36 focused on the need for more advanced advertising of the
37 day . Many residents stated they were not aware of the
38 Clean-Up Day until quite late and this left them little
39 time to prepare.
40
41 Councilmember Wagner observed that considerable brush was
42 brought to the Recycling Center during Clean-Up Day .
43
44 5 . Proclamation Recocinizina the 100th Year Anniversary of
45 St . Anthony Village ' s Faith United Methodist Church
46
47 Motion by Wagner , second by Marks to approve the
48 proclamation recognizing the 100th Year Anniversary of
49 the Faith United Methodist Church.
50
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 22 , 1992 •
3 PAGE 4
4
5
6 The proclamation states that the church moved to St .
7 Anthony in 1953 . Councilmember Wagner will check the
8 accuracy of this year as he thought it was a year later .
9 -
10 Councilmember Wagner advised that the church initially
11 conducted its services in Swedish only. He stated that it
12 has undergone some major renovations and was extensively
13 rebuilt in 1984 when it incurred severe damage from a
14 tornado .
15
16 Motion carried unanimously
17
18 B. Report of the City Manager
19
20 The City Manager recently returned from the ICMA
21 Conference . While there he was made aware that the
22 financial problems being faced by this country are not
23 unique to the United States but are being experienced
24 worldwide .
25
26 He also feels that the present financial condition of the
27 State of Minnesota is better than those of other states .
28 •
29 Governor Cuomo addressed issues at the Conference which
30 will be dealt with on a federal level but will impact on
31 all cities in the country .
32
33 The City Manager advised that the only change in
34 Resolution No 92-041-A is the date of the reconvening.
35 This matter was addressed later in the meeting.
36
37
38
39 8 . PUBLIC HEARINGS
40
41 There were no public hearings .
42
43
44 9. NEW BUSINESS
45
46 _A. Proposed Election Judges for the November 3 , 1992
47 Presidential Election
48
49
50
•
I REGULAR COUNCIL MEETING
SEPTEMBER 22 , 1992
3 PAGE 5
4
5
6
7 Motion by Marks , second by Fleming to approve the list of
8 election judges for the November 3 , 1992 Presidential Election
9 as submitted by the City Clerk .
10
11 Motion carried unanimously
12
13
14 B. Liquor Operations 1991 Uncollectable Checks
15
16 A list of uncollectable checks for 1991 from the City' s two
17 off-sale stores was submitted by the Liquor Operations Manager
18 for Council consideration .
19
20 The total write-offs for 1991 is $5, 049 . 51 . The total write-
21 offs for 1990 was $4 , 007 . 70 .
22
23 Councilmember Marks commented that attempts to collect these
24 funds will continue.
25
26 Motion by Marks , second by Wagner to authorize the write-off
of uncollectable checks from the City ' s off-sale liquor stores
_ in the amount of $5 , 049 . 51 as requested by the Liquor
29 Operations Manager .
30
31 Motion carried unanimously
32
33
34 10 . UNFINISHED BUSINESS
35
36 A. Ordinance No . 1992-008 , Re : Signs ( Second Reading)
37
38 Three concerns of some of the Councilmembers regarding the
39 Sign Ordinance were passed on to the City Attorney for his
40 review. The concerns involved political signs , removal of
41 nonconforming signs within a specific period of time and
42 deposits in connection with sign permit requests .
43
44 The City Attorney reviewed all three of these matters and
45 responded by letter to the Council .
46
47 He noted that there is no separate provision in State Statute
48 which addresses the date when noncommercial signs , such as
49 School District election signs , can be posted . He recommended
50 that the date of April 1st be used in a school election .
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 22 , 1992 •
3 PAGE 6
4
5
6
7 Councilmember Wagner requested that the City Attorney check
8 with the School District on this matter .
9
10 Motion by Marks , second by Wagner to approve the second
11 reading of Resolution No. 1992-008 , being the St . Anthony Sign
12 Ordinance .
13
14 Motion carried unanimously
15
16
17 B. Ordinance No. 1992-009 , Re: Housing Maintenance Code
18 ( Second reading)
19
20 The City Manager advised that the letter from the City
21 Attorney regarding this ordinance was left out of the agenda
22 packet .
23
24 He also noted that this draft ordinance is nearly a complete
25 duplication of the State Statute and it probably should be
26 decreased in size .
27
28 The City Attorney stated he made no attempt at this time to
29 reduce the size of the ordinance. His purpose in waiting was
30 to retain all of the content of the State Statute until he
31 received direction from the City Council . He agreed that a
32. reduction of the ordinance would make it more manageable .
33
34 Mayor Ranallo expressed a concern with the reduction of the
35 ordinance . He suggested it may prohibit residents from having
36 all information available regarding ordinances . He questioned
37 if a reduced ordinance would be sufficient . The City Attorney
38 agreed that this was a valid point but he had noticed that
39 some sections of the ordinance appear to overlap.
40
41 Mayor Ranallo stated he has received calls from residents who
42 were concerned with tree branches and bushes in the neighbor ' s
43 yard which encroach onto private property. He questioned if
44 Subsection 13 on page 17 of the ordinance would address this
45 problem.
46
47 The City Attorney responded that this subsection would not
48 apply and the example given by the Mayor is really a private
49 matter between neighbors .
50
i REGULAR COUNCIL MEETING
SEPTEMBER 22 , 1992
_ PAGE 7
4
5
6 Councilmember Fleming inquired if these calls had involved
7 untrimmed or unsightly branches . The Mayor responded that they
8 were branches hanging over onto another property owner ' s yard .
y ^e felt this should be a relatively simple problem to solve .
10
11 The City Manager stated the City should not become involved in
12 these types of situations particularly since they could be an
13 opportunity for some liability on the City ' s part .
14
15 Ccur.cilmember Marks observed that this ordinance directs the
16 City to look into how people compost and requires that drain
17 tile not be connected into the sanitary sewer lines .
18
19 He questioned whether property owners are aware of the full
20 impact this ordinance may have, especially in the case of new
21 homeowners . He also feels the ordinance is more intrusive than
22 others and that people may not be understanding of that fact .
23
24 Councilmember Wagner recalled this ordinance was to be
25 included in the next edition of the City newsletter . He
26 suggested that the nature of the ordinance be included as an
explanation .
29 Motion by Fleming, second by Wagner to approve the second
30 reading of Ordinance No . 1992-009 being an ordinance relating
31 to inspection and licensing of apartment buildings and housing
_32 and maintenance , amending the St . Anthony 1973 Code of
33 Ordinances by amending Section 310 : 00 and by adding a new
34 Section 355 : 00
35
36 Motion carried unanimously
37
38
39 The City Manager advised that all of the recommended changes
40 will be incorporated into the ordinance for its third reading
41 and adoption .
42
43
44 C . Resolution No . 92-041A - Budget Public Hearing
45 Reconvening Date Amendment
46
47 A memo from the Finance Director advised the Council that the
48 reconvening date for the Budget Public Hearing, which was
49 December 10th, must be changed to avoid a conflict with
50 Hennepin County.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 22 , 1992
3 PAGE 8
4
5
6
7 To fulfill the Truth In Taxation requirements , the Finance
8 Director is recommending December 14 , 1992 as the date for the
9 recovening date for the Budget Public Hearing.
10
11 The City Manager stated that this is the only change in the
12 amended resolution and all other language from the original
13 resolution remains unchanged.
14
15 Motion by Marks , second by Fleming to approve Resolution No .
16 92-041A being a resolution setting proposed 1993 tax levy 1993
17 budget and public hearing dates in compliance with the Truth
18 in Taxation Act .
19
20 Motion carried unanimously
21
22 11 . ADJOURNMENT
23
24 Motion by Marks , second by Fleming to adjourn the meeting at
25 7 : 55 p.m.
26
27
28
29 Motion carried unanimously
30
31
32 Respectfully submitted,
33
34
35 Jo-Anne Student , Council Secretary
36
37
38
39
40 Mayor Clarence Ranallo
41
42
43 ATTEST :
44 City Clerk
45
46
47
48
49
50