HomeMy WebLinkAboutPL PACKET 09182001 Meeting Sheet
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Box: 27
Folder: PL PACKETS 2000-2004
Document: PL PACKET 09182001
AGENDA
PLANNING COMMISSION MEETING OF SEPTEMBER 18, 2001
CITY OF ST. ANTHONY, MINNESOTA
7 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. PUBLIC INPUT
The public may speak at this time on any planning and zoning related matters of a general
nature. However, there will not be any discussion or action by the Commission at this time.
6. MEETING MINUTES
6.1 Review/Approval of Planning Commission Minutes of August 21, 2001
7. COMMUNICATION WITH CITY COUNCIL
7.1 Designate a Planning Commission Member to the City Council regular meeting of
September 25, 2001
8. PUBLIC HEARINGS
8.1 Request for Lot Split: Wirth Companies, Lot 1, Block 1, Beutz Addition
9. INFORMATION AND DISCUSSION
9.1 Draft Antenna Ordinance Review
9.2 Point of Sale Ordinance Discussion
9.3 Northwest Quadrant Redevelopment Update
10. ANNOUNCEMENTS
11. ADJOURNMENT
COMMISSIONERS:
IF YOU ARE UNABLE TO ATTEND THE MEETING, PLEASE NOTIFY SUE AT 612-789-8881.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3 AUGUST 21, 2001
4 7:00 P.M.
5 I. CALL TO ORDER.
6 Chair Melsha called the meeting to order at 7:02 p.m.
7 II. PLEDGE OF ALLEGIANCE.
8 Chair Melsha invited the Council and the audience to join in the Pledge of Allegiance.
9 III. ROLL CALL.
10 Commissioners present: Chair Melsha; Vice Chair Stille, Commissioners Tillman, Hanson and
11 Thomas
12 Absent: Commissioners Steeves and Hatch.
13 Also present: Assistant City Manager Susan Henry.
14 IV. APPROVAL OF AGENDA.
1s Motion by Chair Melsha, second by Vice Chair Stifle,to approve the meeting agenda.
• Motion carried unanimously.
16 y
17 V. PUBLIC INPUT.
18 Hearing no comments, Chair Melsha moved forward with the agenda.
19 VI. MEETING MINUTES.
20 6.1 Review/Approval of the Planning Commission meeting minutes of July 17. 2001.
2.1 The Commissioners requested the following corrections:
22 Page 7, line 4 to read: "... versus Residential, and asked what kind of demands it might
23 bring..."
24 Page 8, line 8: policeman corrected to "policemen."
25 Page 13, line 20 to read: "...stated that electronic signs are a very..."
26 Page 13, line 21 to read: "...are using is geared to maximize public input."
27 Page 13, line 22 to read: "...surrounding the public use signs, other changes..."
28 Motion by Vice Chair Stille, second by Chair Melsha, to approve the Planning Commission
29 meeting minutes of July 17, 2001, as corrected above.
30 Motion carried unanimously.
031 VII. COMMUNICATION WITH CITY COUNCIL.
32 7.1 Designate a Planning Commission member to the City Council regular meeting of f Au use t 28.
Planning Commission Meeting Minutes
August 21, 2001
: • Page 2
1 2001.
2 Chair Melsha asked Commissioner Hanson if was available to attend the City Council regular
3 meeting of August 28, 2001. Commissioner Hanson stated he was available and would.attend
4 the meeting on behalf of the Planning Commission.
5 VIII. PUBLIC HEARINGS.
6 8.1 Request for Side Yard Variance: Mamard and Elizabeth Shaw, 2835 Roosevelt St SE.
7 Susan Henry informed the Commission that the Shaw's are requesting a side yard variance of
8 eleven feet in order to build a detached two-car garage measuring 22'x24'to the east of their
9 existing garage. She added that,according to City ordinance,"any side yard adjacent to a street
10 must be at least thirty feet in width." Ms.Henry continued that the proposed plans submitted to
11 the City by the Shaw's show a nineteen feet side yard setback,which is eleven feet short of the
12 ordinance requirement, and just four feet off of the property line..
13 Mr.and Mrs.Shaw came forward to address the Commission and stated that they have lived in
14 their house for twelve years. He indicated that much of their reasoning for making this request had
15 to do with the need for additional space for their cars and home maintenance equipment.
16 Mr.Shaw indicated that he was not aware of the fact that they needed to build thirty feet off of the
®
17 street,versus the fifteen that they had anticipated,until a building inspector came out to their home.
18 Mr. Shaw added that even the City Inspector was unfamiliar with that ordinance requirement.
19 Chair Melsha informed the Shaw's that there is certain criteria which needs to be considered
20 whenever someone is requesting a variance.
21 Commissioner Hanson indicated that Commissioner Thomas had taken a few photos of their home
22 for the Commissioner to view while discussing their request. Commissioner Hanson asked the
23 Shaw's if they had considered just adding on to their house. Mr.Shaw explained that the roof-line
24 on their house is on two levels,and that they would need to remove the entire roof,which would
25 be considerably more expensive than what they were proposing.
26 Commissioner Thomas asked about the roof to clarify what removing it would entail. He continued
27 that one problem that he had with their request was that they did not meet all of the criteria,adding
28 that the problem seemed to have more to do with the number of cars that they own. Mrs.Shaw
29 stated that they own a full-size car that barely fits into the garage, with only inches on each side.
30 Mr.Shaw echoed Mrs.Shaw's issues with the lack of room in the existing garage for even one car.
31 Commissioner Thomas referred to the criteria that they consider when examining a variance request
• 32 which states that"no variance shall be granted unless the evidence presented by the petitioner
33 discloses all of the following facts"which continues,"the property cannot be put to a reasonable
34 use without the variance." He added that he was having difficulty with this in relation to the Shaw's
35 request.
Planning Commission Meeting Minutes
August 21, 2001
• Page 3
I Chair Melsha identified their unique location where they are surrounded by three streets,which
2 limits their parking options considerably. The Shaw's agreed and indicated that they have
3 sometimes resorted to parking a car on their lawn.
4 Commissioner Thomas stated that he did not have a problem with them moving into the side yard.
5 He stated that his concerns were with the letter of the law and aesthetics. Mrs.Shaw added that
6 their total plan was a two-stage process for them to first build the two-car garage,and then remove
7 the breezeway and expand their family room.
s Mr.Shaw stated that the total plan would have the house looking like it was originally built,just
9 fifteen feet longer.
10 Mr.Shaw showed a photo displaying what they would like to see at the end of the project at hand.
I 1 Chair Melsha asked if they were able to take any room off of the requested variance. Mr.Shaw
12 stated he could trim off another two feet from the curb, if necessary.
13 Commissioner Tillman stated that her difficulty was with the letter of the law in relation to the
• 14 hardship aspect in the criteria that they need to consider.
15 Commissioner Thomas asked about the future project. Mr.Shaw stated it consisted of removing
16 the garage door,and making an L-shaped family room with a picture window to match the existing
17 one. Mrs.Shaw added that the change would extend their life in their home,where they would
18 really like to stay in the City into retirement years..
19 Commissioner Thomas stated that the Planning Commission was in favor of residents improving
20 their homes and properties which was why he was inquiring about their future plan.
21 Commissioner Thomas asked if this was a preliminary hearing. Ms.Henry stated that it was the
22 actual hearing.
23 Commissioner Hanson asked if they would pave their new driveway. Mrs.Shaw stated that they
24 would pour concrete.
25 Vice Chair Stille asked about the square footage of their home, and number of bedrooms.
26 Mr. Shaw stated it was about 1275 square feet, with four bedrooms.
27 Chair Melsha closed the public hearing at 7:30 p.m.
® 28 Chair Melsha stated that he saw the hardship with their unique location on three streets. He added
29 that it was a considerably more difficult project to remove the roof,and stated that he thought that
30 they should favor the request. Chair Melsha referred to other variance requests that they have
31 approved in the past that he thought were on less firm ground than this request.
Planning Commission Meeting Minutes
August 21, 2001
Page 4
•
I Commissioner Tillman stated that she had a hard time with the criteria to be used when considering
2 a variance that stated that"economic decisions alone are not the basis of the hardship."Chair
3 Melsha stated that he thought the other option of just adding on to the existing structure was far
4 more expensive and difficult.
5 Commissioner Thomas stated that he had no problem with approving the request,provided the
6 follow-up projects happen. Mr.Shaw stated that they have their word because it is something that
7 they really want to happen.
s Commissioner Hanson stated that one of the goals of the City of St.Anthony is to improve the
9 housing stock,and,citing the three streets that they live on as the hardship,stated that he did not
10 have a problem with approving the variance.
11 Vice Chair Stille stated that he was concerned that the second phase would not happen,even with
12 the best of intentions. Mr.Shaw stated that his interest is getting the two car garage,Mrs.Shaw's
13 interest is in getting the larger family room, thus, indicating that it would get done.
14 Vice Chair Stille asked what kind of precedence they were setting for all of the other homeowners
15 of single-car garages that.may come forward requesting variances.
16 Commissioner Thomas stated that the three streets were what set this apart from other single-car
17 garages. Chair Melsha stated that another feature with their lot is that they would not be edging
18 up to the lot-line of another home in order to do the project.
19 Commissioner Thomas Citing hardship that they are surrounded by three streets,the expense of
20 tearing off the existing roof,
21 Vice Chair Stille added that they refer to the structural change, rather than the expense.
22 Commissioner Tillman added the parking hardship.
23 Citing hardship found in the unique'location of the home,the unique roof-line of their home,and
24 the street parking restrictions that the Shaw's face, the Planning Commission decided to
25 recommend approval to the City Council for the variance request.
26 Motion by Commissioner Thomas,second by Commissioner Hanson to approve the request for
27 side yard variance at 2835 Roosevelt Street NE.
28 Motion carried unanimously.
•29 IX. INFORMATION AND DISCUSSION.
30 9.1 Northwest Ouadrant Redevelopment.
31 Ms. Henry informed the Commission that the same two concepts presented at the July 17
32 Planning Commission meeting were accepted by the City Council for the Northwest Quadrant.
Planning Commission Meeting Minutes
August 21, 2001
® Page 5
1 She added that they would be requesting proposals for the project from developers this fall.
2
3 Ms. Henry also stated that the City Council commended the Planning Commission on their
4 leadership thus far in the process.
5 Ms. Henry stated that members of city staff will accompany Jim Prosser, Ehlers and
6 Associates, at a meeting with the Metropolitan Council this fall to discuss the specifics of the
7 project.
8 Vice Chair Stille asked if the financial aspect would be discussed at that Metropolitan Council
9 meeting. Ms. Henry stated that she thought the topic would certainly come up.
10 Commissioner Thomas stated that City Councilmember Sparks forwarded the Metropolitan
11 Council web-site,on to him, which has some information on the residential component of the
12 Northwest Quadrant project.
13 9.2 Electronic Sign Amendment.
14 Chair Melsha indicated that the only change to the amendment was the off-hours of the sign.
• 15 The off-hours were changed to 10:00 p.m.-6:00 a.m.
16 9.3 Antenna Ordinance Review/Discussion.
17 Chair Melsha asked for feedback from the Commission on the outline of the antenna ordinance.
18 Commissioner Thomas asked if there was any discussion given to camouflaging in terms of
19 making it appear to be a part of the building. Chair Melsha indicated that they have discussed
20 the issue. He continued that they are trying to steer towards city-owned property, specifically
21 the water tower.
22 Chair Melsha stated that they are attempting to set up a system where there would be certain
23 designated areas where a conditional use permit would not be necessary. He added that they
24 needed to determine which areas would be separated out from the rest, as well as the specifics
25 of a conditional use permit.
26 Chair Melsha referred to city-owned property and that there would presumably be less of an
27 aesthetic concern, indicating that a conditional use permit may not be necessary.
28 Commissioner Tillman asked if the schools would have power on school property. Chair
29 Melsha stated that they would, and asked that they would need to determine if they wanted the
30 schools to be exempt from the conditional use permit as part of the overlay district. -
31 Commissioner Tillman stated her only concern was with the parks where there may be variable
32 opinion among the community and city in terms of the best location for a WTF (Wireless
33 Telecommunications Facility). Chair Melsha stated that they could leave parks out.
Planning Commission Meeting Minutes
August 21, 2001
Page 6
1
2 Vice Chair Stille stated that the city owned the parks, and,therefore, could determine the
3 construction of WTFs. He continued that the parks were not as great a concern to him as the
4 schools,suggesting that they leave the schools out of the designated area. Stille suggested that
5 they be safe and exclude school-owned property. Chair Melsha stated that he agreed with his
6 suggestion.
7 Chair Melsha stated to look into escrow funding to curb the expense.
8 Commissioner Thomas stated that a WTF would likely go in higher areas, and that the schools
9 were not necessarily an issue.
10 The Commission discussed the problem with the many"dead spots"on cellular telephones in
11 the City of St. Anthony.
12 Chair Melsha stated that they wanted to have basic requirements for WTFs. He continued that,
13 beyond that, there are two different areas: routine areas where a conditional use permit would
14 not be necessary, and areas where aesthetics and safety were more of an issue would require a
• l5 conditional use permit. -
16 Chair Melsha stated he would like to see more WTFs on the water tower.
17 Commissioner Tillman confirmed that they could not turn down a request for a conditional use
18 permit and then instruct the company to place the WTF on the water tower instead of the
19 requested area.
20 Commissioner Thomas asked if the Apache site would fall into the conditional use permit.
21 Chair Melsha stated that was true.
22 Commissioner Tillman asked if they had enough financial incentive to go to the areas that they
23 are discussing. Vice Chair Stille stated that the market determines that aspect.
24 Chair Melsha stated that the antennas on top of roofs are not generally a problem, as they are
25 usually well hidden.
26 Commissioner Tillman mentioned the property owner who would take less money than the
27 commercial property owner who might be willing to go through the conditional use permit.
28 Chair Melsha agreed with Commissioner Tillman's point.
• 29 Commissioner Hanson asked about the height portion of the outline. Chair Melsha stated that it
30 was a typographical error and that they would choose one height.
31 Commissioner Thomas asked if they wanted to keep the 75 foot maximum height. Chair
Planning Commission Meeting Minutes
August 21, 2001
• Page 7
t Melsha stated that they did, which included having the capacity to expand to 75 feet.
2 Commissioner Thomas stated that he liked the overlay district idea.
3 Ms. Henry stated she would make these mentioned changes to the outline and pass it along to
4 the City Attorney for drafting an ordinance to look at at the next meeting..
5 Chair Melsha indicated that they could still make changes to the Antenna Ordinance in the
6 future.
7 X. ANNOUNCEMENTS.
8 Chair Melsha stated that he received a note from John Shardlow thanking the Commission for their
9 work on the Northwest Quadrant project.
10 Ms. Henry stated that there had not been much information from the housing code sub-committee and
suggested they schedule a meeting to derive an outline similar to the Antenna Ordinance that they
12 reviewed his evening.
13 Commissioner Thomas suggested he and Commissioner Hanson meet with Ms. Henry and comprise
14 some notes for review for next time.
15 Commissioner Hanson asked if the Central Park project had been approved. Commissioner Tillman
16 stated that it had received approval.
17 XI. ADJOURNMENT.
18 Motion by Chair Melsha, second by Commissioner Hanson,to adjourn the meeting at 8:26 p.m.
19 Motion carried unanimously.
20 Respectfully submitted,
21 Courtney Seesz
22 Timesaver Off Site Secretarial, Inc.
• MEMORANDUM
DATE: 09/10/01 MEETING DATE: 09/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager )'`
RE: Request for Lot Split: Wirth Cos., Lot 1, Block 1, Beutz Addition
The applicant, Wirth Companies, is requesting a lot split. It is the same lot split which
the City Council approved on June 23, 1998. Following that approval by the City, the
applicant did not follow-up with a final plat. City staff has requested the applicant return
to the Planning Commission with the original request. David Lutz, representative for the
Wirth Companies, stated a dispute arose between the two property owners, which is
why the split was never completed.
The request is to subdivide and replat Lot 1, Block 1, Beutz Addition, a vacant lot to the
southwest of the Apache Medical Building. The applicant proposes to split Lot 1, Block
1, Beutz Addition and join 74 feet to the Apache Medical Building to provide additional
parking. The remaining southerly 74 feet will be replatted to include the vacant parcel,
Lot 2, Block 2, Apache Plaza that adjoins to the east.
• Wirth Companies is not currently the owner for the subject property. According to an
agreement on the case, Wirth Companies will become the property owner. Staff has
requested a letter from the current property owner's counsel, acknowledging this
understanding. Staff had not yet received the letter as packets were sent out. The letter
will be presented to Commissioners on September 18.
The applicant's request.will bring Lot 1, Block 1, Beutz Addition into compliance with
Chapter 15, Subd. 4 (1), of the City's Ordinance, which states that all lots must abut
their full frontage on a public street. The replatting of the vacant lot creates a lot that
meets the minimum lot size requirement under the same Chapter. The proposal will not
affect the existing easement, located at the "finger" shape piece of land.
Legal counsel reviewed the plat in 1998. There have.been no changes since then. The
item to note is the easement. Prior to the development of the lot, a final plat will have to
be approved and evidence of title will need to be provided.
Staff Recommendation: Approved the preliminary plat, subdivide and replat, of Lot 1,
Block 2, Beutz Addition.
Attachments:
•- Wirth Companies Request for Lot Split
• Preliminary Plat
8-31-2001 3_SOPM FROM MAC#WIRTH COMPANIES 6123392538 P. 2
THE WIRTH COMPANIES 615 ti,00d Awnm-SnAth f,AX (612)3 W-25 iS
Minnc,irlis,Minnesota 5`402 (617)373-0400
•
► Professiumal Real
Estate Management
fa 1)eveb)pment.
August 31, 2001
Saint Anthony Village
3301 Silver Lake Road
Saint Anthony, MN 554181699
Re: Apache Medical and Professional Center Lot Split
Dear Saint Anthony Village,
I am writing to clarify what is attempting to be done in this lot split. This split was
approved to happen back in June of 1998, however, a dispute arose and the split was
never completed. The parties have now come to an agreement and wish to proceed
splitting the lot. I have enclosed various letters and a portion of the purchase agreement
• that should help explain what has transpired. The Wirth Companies has taken the
necessary steps to have the lot split and at this time is requesting approval once again to
perform the lot split. If you have any questions or concerns 1 can be reached at 612-373-
0430,
David A. Lutz,Esq.
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DATE INVOICE NO. DESCRIPTION INVOICE AMO DEDUCTION BALANCE 3
8-311 1797 Lot Split Apache 150.00 150.00
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CHECK NUMBER 38603' TOTALS 150. 00 150.00 w
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MINNFJ ops,MN-56402.1902
PN:612.3Y1'•9981 ..
(612)373.0400 17-5631910
hundred fifty dollars and no cents
DATE CHECK NO. AMOUNT
PAY August 31, 2001 ` 38803 $********150. 00
TOTHE
ORDER
OF
City of .Sai.nt 'Anthony
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8-31-2001 3:50PM FROM MAC#WIRTH COMPANIES 6123392538 P. 4
0812912661_,i.6:95 FAR 912 781 9323 CITY UM ST ANIIJUNY Lgjuuz
Date: /:i'4A1
Fee: $150.00 _
CITY OF ST. ANTHONY
APPLICATION FOR SUBDIVISION/PLAT APPROVAL
Applicant: /fr ��` i �o�r,lt�oP6` Phone: /2'?73-ayjo
Address C%., 2-d d�rr�,r 'S /t' /1'>i✓ � o Z
Status of Applicant (Owner, Buyer, Renter, Agent, etc.): a:/ r &'re
Present Legal Description of Property to be Affected:
• Proposed Legal Descr(ptio-4 of Property to be Affected:
✓' //G..��/ ifs'
Street Address:
Zoning District in which.Property is Located: ?
Specify Any Necessary Easements:
Area of the Plat/Subdivision-
Number of Parcels:
Attach a copy of the proposed plat showing the proposed name of the plat, the
location within the City, the names of the present owners, the scale, the date of
preparation, the northpoint, surrounding property, all public utilities and easements and
other such necessary information or documentation as is requested by the City
Manager or the subdivision/platting ordinance.
8-31-2001 3-S1PM FROM MAC#WIRTH COMPANIES 6123392538 P. 5
ps "q1 utj:7.9 a -t so MNLb A 1 FILL 110 Q_UY PAGE 04
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Buyer has reviewed and approved any sublessee's financial condition, which
approval shall not be unreasonably withhold or delayed. In any event, Sellers
obligations to Buyer under the initial lease or any sublease shall not exceed
twelve (12) months from the Closing Date, but shall.thewupon expire. W_A_ 4-e_e,J--4
Sells-- ca "arrb 4o-,CoWe i -Su N" "X-c • „ (PO l Bvar 6 16-It kilo,% S.Lka,
7. The following is added as paragraph 23 of the Agreerrient: � K� —*,J &r,L4,�4....I a•-
rGt►art,V.��e..JeMS! O*-,
Parking Let
23.� Par Upon ClossIng. Buyer shall grant a non-exclusive-a— fxe4-
easement to Seiler for Lot 1, Block 1 Beutz Addition. Except for the Northerly 74
Feet Thereof, 'Apdche Addition, St. Anthony thereinafter 06outh Parking Lot'),
during which tirne the Buyer shell fully maintain snd Insure the South Furling Lot_ P
Ueon Closing. Buyer shall appoint Seller as its exclusive agent to obtain
approval from the City of St Anthony, Minnesota for a permanent split in the
parcel described as Lot 1, Block 1, Route Addition. Apache Addition, St. Anthony,
so that there-are two resulting parcels: The South Parking Lot and.the Northerly
7d feet of Lot 1I Stock 1, Beutr Addition, St. Anthony (hereinafter `North Parking
Lot*). Buyer agrees that it shall In no way oppose or challenge the said parcel
split and shall reasonably assist Seiler in obtaining such parcel split. Seller
agrees that It shall pay all costa associated with the said parcel split. -Seller shall
have two (2) years from the Closing Date to obtain approval for the parcel split
from the City of St Anthony. It the City of St. Anthony, Minnesota approves the
said parcel split within said two (2) year period, then within thirty (30) days
thereafter, Buyer shall convey to Seiler by Warranty Deed the South Parking Lot
• free of any encumbrances. .11 tho
-�aseR3efe In either case, upon the safe of the South
Parking Lotto Seller or developMent of the lot legally described as Lot 2, Block 2.
Apache Addition (the "Adjacent Lot'), Seller shall install curb cuts and re-stripe,
to the extent necessitated, the North Parking Lot and shall fully Insure and
maintain the South Parking Lot. Seller agrees that ft Will not develop the South
Parkjn� Lot or the Adjacent Lo for (nedical usage. Upon the conveyance or
granting of the extlusive easement of the South�rking Lot to Seller, the non-
excluelvel'easement shall thereupon expire, Fu_ q eer s Agreement is subject to
the creation of it e etual maintenance agreement and covenant precluding_
avelo e t of the Sou a g o or scent of for medical uses- ® orr1,
seasonable aicceptab e o o pa s.
a. The following is added as paragraph 24 of the AgreeMent:
24. Lgase to Currant Tonants - Seller agrees that it shall refrain from
leasing any Apace in any of its buildings to Symphony Rehab Dynamics,
Symphony Restorative Therapy Limited or Eyecare Associates, P.A. for a period
of four (4)years from the Closing Date; or Midwest Health Care
Management, Oral and Maxillofacial Surgery Speciallats, PA. or
Dr. Patrick Ennen for a period of two (2) years from the Closing Date, unless
Buyer cannot accommodate the needs of said tenants at the Property. Which
condition must be evidenced by written notice from the affected Tenant to the
• Buyer.
2
8-31-2001 3:52PM FROM MAC#WIRTH COMPANIES 6123392538 P. 6
• X10
ilia
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 781-9323
September 3, 1999
Mr.Tom Hanka
THE WIRTH COMPANIES
615 Second Avenue South
Minneapolis,MN 55402
Dear Tom:
This letter will serve as an answer to your written request fora letter from the City indicating
• that the City of St.Anthony has approved the lot split of the property owned by the Apache
Medical and Professional Center.
On June 23, 1998,the City Council made and passed a motion to approve the lot split and
replan ing involving Lots 1 and 2,Block 1,Apache Plaza and Lot 1,Block 1,Beutz Addition,
Ramsey County,U&mesota, as shown on the survey performed by Advance Surveying and
Engineering Co.,dated November, 1998.
If you have any questions or require additional information,please feel free to contact me at
706.1324 or e-mail the at kmoore-svkci.saint-anthonyamn.us.
Sincerely,
Dore-Sykes,
Management Assistant
8-31-2001 3.56PM FROM MAC#WIRTH COMPANIES 6123392538 P. 7
v -
• WILKERSON& HEGNA,P.L.L.P.
A PROFESSIONAL LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LAW
ONE CORPORATE CENTER III,SUVVE 300
7300 MEMO BOULEVARD
EDINA.MN 55439-2302
TELEPHONE 952-897-1707
FAX 952497-3534
GARY C.WILKBRSON,P.A. April 11,2001
KYLE J.HEGNA,P.A.
JEFFREY W.JACOBS
MARK E.MULLEN OUR FILE NO.
TODD J.BAUMGARTNER 22774
MICHAEL S.SANDBERG
VIA FACSIMILE&U.S.MAIL
Mr. David A. Lutz, Esq.
General Counsel
The Wirth Companies
615 Second Avenue South
Minneapolis, MN 55402
RE: L.G.Anderson/South parking lot split
• Dear Mr. Lutz: -
The purpose of this letter is to follow-up our telephone conversation from yesterday. As I stated on
the telephone, this office is currently communicating with the City-of St Anthony to verify and finalize
the required procedures related to the Iot split as referenced in paragraph 23 of the purchase agreement.
In addition, it is my understanding that U.S. Bank has agreed, as a specific condition of the mortgage,
to release the relevant property from the mortgage-
Please contact me if you have any other questions or eoneems at this time.
Sincerely,
_`4y�
Todd J. Baumgartner
TJB/tjb
Cc: James Waters
John Boyle, Esq. -
21564D].cor
8-31-2001 3-56PM FROM MAC#WIRTH COMPANIES 6123392538 P. 8
THE WIRTH COMPANIES APACHE MEDICAL AND 4001 4titr.on rxitilry-,m),Suitt-404 FAX(612) 788-885')
PROFESSIONAL C:ENVER St.Anthony,Minrn•u,ra $5421 (61-2)7,98-8,1�s1
•
PROPOSED LOT DIVISION
Page one of this packet is replication of the survey for the site in question. It
shows the dimensions and the legal descriptions of the surrounding parcels.
PruJessi�n><iG ReaG
1;'stutc Murtuj;c»teru
The Wirth companies Proposes to split Lot 1, Block 1, Beutz Addition. The &Devek)pment
proposed split would involve the creation of a line running east/west located 55 feet south
of the northerly border of said lot. See diagram number 2.
The purpose of this split is to make Lot 2,Block 1, Apache Plaza an economically
viable site for development. As the plat currently exists, there is not enough square
footage for development and still meet Saint Anthony Village's parking ordinance.
Diagram number 3 shows the current ownership of the parcels in question. With the
acceptance of this proposal diagram 4 would show the ownership of the parcels. The
entire pink portion would be owned by The Wirth Companies and the entire yellow
portion would remain owned by The Stinson Boulevard Corporation.
C vrren t Legal 1) elcr, 5
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• MEMORANDUM
DATE: 09/10/01 MEETING DATE: 09/18/01
TO: Planning Commission.Members
FROM: Susan Henry, Assistant City Manager
RE: Draft Antenna Ordinance
Chris Smith, an attorney assisting Jerry Gilligan, has drafted the antenna ordinance for
your review. Chris has experience working on such issues while on the legal staff for the
League of Minnesota Cities. Chris has referred to the subcommittee's outline as well as
other similar city ordinances to draft the attached.
If the Planning Commission is interested in moving ahead with the draft ordinance, the
next step is to hold a public hearing on the ordinance at the October 23 Planning
Commission meeting.
Staff Recommendation: Review/discuss the draft antenna ordinance, make
recommendations, and set the public hearing for October 23.
Attachments:
• St. Anthony draft antenna ordinance
• Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION ADOPTING AN ANTENNA ORDINANCE IN AND FOR THE
CITY OF SAINT ANTHONY, MINNESOTA
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota(the City),
as follows:
SECTION I. DEFINITIONS.
"Antenna" means any exterior transmitting or receiving device mounted on a tower,
building or structure and used in communications that radiate or capture electromagnetic waves,
digital signals, analog signals, radio frequencies(excluding radar signals), wireless
telecommunication signals or other communication signals.
"Collocation" means the sharing of structures by two or more wireless service providers.
"Height"means, when referring to a tower or other structure, the distance measured from
the finished grade of the parcel to the highest point on the tower or other structure, including the
base pad and any antenna.
"Tower"means any pole, spire, or other structure, including supporting lines, cables,
• wires, braces and masts, intended primarily for the purpose of mounting an antenna or similar
apparatus above grade.
"Wireless Telecommunications Facility" means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or reception of
communications (other than radio or television broadcast communications) which a person seeks
to locate or have installed upon or near a Tower or Telecommunications Facilities, but shall not
include:
A. Any satellite earth station antenna two meters in diameter or less which is
located in an area zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in diameter,
regardless of zoning category; and
C. Automatic meter reading systems. _
SECTION II. REQUIREMENTS FOR ALL WTFs.
All WTFs must be constructed in accordance with the following standards.
A. Siting. WTFs located on or attached to existing structures are regulated by the
• provisions of the zoning district for each parcel.New towers shall only be located on parcels that
• fall within the Telecommunications Overlay District. New towers are not permitted in public
rights-of-way.
B. Color and Architecture. All WTFs shall be concealed or camouflaged and use
materials, colors, textures, screening and landscaping to blend in with the surrounding natural
setting and built environment. If a WTF is proposed on any part of a.building or structure, it must
blend with the building or structure's design, architecture and color, including exterior finish.
"Camouflage" shall not mean invisible, but rather appearing as part of another structure, such as
a building, wall or roof, or designed to appear as another structure, such as a building, clock
tower, chimney, flag pole, light pole or tree.
C. Landscaping. WTFs that are not concealed or camouflaged shall be landscaped. The
following requirements shall govern the landscaping surrounding towers for which a special use
permit is required; provided, however, that the city council, after considering the
recommendation of city staff, may waive such requirements if the goals of this chapter would be
better served thereby.
(1) Tower facilities shall be landscaped with a buffer of plant materials that
effectively screens the view of the tower compound from property used for
residences.' The standard buffer shall consist of a landscaped strip at least four
(4) feet wide outside the perimeter of the compound.
(2) In locations where the visual impact of the tower would be minimal, the
• landscaping requirement may be reduced or waived.
(3) Existing mature tree growth and natural land forms on the site shall be preserved
to the maximum extent possible. In some cases, such as towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer. Existing mature trees and other vegetation at the site shall be preserved
to the maximum extent possible.
D. Signs. The use of any portion of a WTF for signs or advertising other than warning or
equipment information signs is prohibited:
E. Lighting: Wireless telecommunication antennas or towers shall not be illuminated by
artificial means and shall not display strobe lights unless such lighting is specifically required by
the Federal Aviation Administration or other federal or state authority. When incorporated into
the approved design of the WTF, light fixtures used to illuminate ball fields,.parking lots or
similar areas maybe attached to the tower.
F. Monopole. New wireless telecommunication towers shall be of a monopole design,
without guide wires, unless the City Council determines that an alternative design would better
blend into the surrounding environment.
G. Setbacks. WTFs shall comply with the principal structure setbacks of the underlying
zoning district and the following additional standards:
(1) The WTF is set back from all residential dwellings at least one foot for each foot
in height.
2
• (2) WTFs shall not encroach upon any easements unless permission is obtained
from the underlying property owner and holder of the easement.
(3) WTFs shall not be located between a principal structure and a public street.
(4) The required setbacks may be reduced or the location in relation to a public
street modified, at the sole discretion of the City, when the WTF is integrated
into an existing or proposed structure such as a building, light or utility pole.
H. Height.
(1) The height of any commercial telecommunications towers shall not exceed 75
feet.
(2) Antennas located on an existing structure taller than the limit established by the
Telecommunication Overlay District may extend up to 5 feet above the height
of the structure.
I. Safety/Environmental Standards.
(1) Building codes, safety standards. To ensure the structural integrity of towers,
the owner of a tower shall ensure thajt it is maintained in compliance with
• standards contained in applicable state or local building codes and the
applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the City
concludes that a tower fails to comply with such codes and standards and
constitutes a danger to persons or property,then upon notice being provided to
the owner of the tower, the owner shall have thirty(30) days to bring such
tower into compliance with such standards. Failure to bring such tower into
compliance within said thirty (30)days shall constitute grounds for the removal
of the tower or antenna at the owner's expense.
(2) Interference with Public Safety Telecommunications.No WTF shall interfere
with public safety telecommunications. All WTFs shall comply with FCC
regulations and licensing requirements.
(3) Unauthorized Climbing. Towers shall be enclosed by security fencing not less
than six feet in height and shall also be equipped with an appropriate anti-
climbing device; provided however, that the city council, after considering the
recommendations of the city staff, may waive such requirements, as it deems
appropriate.
(4) Noise. If the proposed WTF includes a back-up generator or otherwise results
in significant increased-sound levels, sound buffers may be required including.
• but not limited to, baffling. barriers, enclosures, walls and plantings.
3
• (5) Radio Frequency Emissions and Interference. WTFs must comply with Federal
Communication Commission standards for radio frequency emissions and
interference.
(6) Risk of Danger. WTFs shall not pose an unreasonable risk of explosion, fire or
other danger due to its proximity to volatile, flammable, explosive or hazardous
materials.
(7) Maintenance. All commercial towers or WTFs shall (i) at all times be kept and
and maintained in good condition. order, and repair so that the same shall not
menace or endanger the life or property of any person, and (ii) allow sufficient
access for service vehicles and personnel.
J. Collocation Requirements. To every extent possible,
(1) all WTFs shall be located on an existing structure that has a height of at least 50
feet and is within one-half mile of a proposed WTF site;
(2) all wireless telecommunication providers shall cooperate with each other in
collocating WTFs and shall exercise good faith in collocating with other
licensed carriers and in the sharing of sites, including the sharing of technical
information necessary to evaluate the feasibility of collocation. In the event a
dispute arises as to a collocation issue, the City may require a third-party
• technical study to evaluate the feasibility of collocating at the expense of either
or both wireless telecommunications providers;
(3) All new wireless telecommunications towers and any pre-existing towers
owned by a wireless telecommunications provider shall be made available for
use by the owner or initial user thereof, together with as many other licensed
carriers as can be technically located thereon;
(4) If determined appropriate by the City, all new WTF towers shall be designed
and constructed in such a manner as to accommodate at least one other
comparable antenna in addition to the applicant's; and
(5) All new wireless telecommunications towers that are less than 75 feet shall be
designed and constructed in a manner that allows such tower to be expanded to
a height of 75 feet in order to allow for future collocation.
K. Exceptions to Collocation. The City may waive any or all of the collocation
requirements if it is determined that:
(1) The planned WTF would exceed the structural capacity of the existing or
approved structure, as documented by a qualified and licensed professional
engineer, and the existing or approved structure cannot be reinforced, modified,
• or replaced to accommodate planned or equivalent equipment. '
4
(2) The planned WTF would cause interference materially impacting the usability
of other existing or planned WTFs at the structure as documented by a qualified
radio frequency engineer selected by the City and the interference cannot be
prevented.
(3) Existing structures within the applicant's search radius cannot or will not
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified radio frequency engineer selected by
the City.
L. Applicabilily of City Zoning Ordinances. Towers and antennas shall be regulated and
permitted pursuant to this chapter and all other applicable zoning ordinances enacted in the City.
SECTION III. CONDITIONAL USE.
A. General. The following provisions shall govern the issuance of conditional use
permits for towers or antennas by the city council:
(1) If the tower or antenna is not a permitted use under section IV of this chapter,
then a conditional use permit shall be required for the construction of a tower or
the placement of an antenna in the City.
• (2) Applications for conditional use permits under this Section shall be subject to the
procedures and requirements of chapter except as modified in this section.
(3) In granting a conditional use permit, the city council may impose conditions to
the extent the such conditions are necessary to minimize any adverse effect of
the proposed tower on adjoining properties.
(4) Any information of an engineering nature that the applicant submits, whether
civil, mechanical, or electrical, shall be certified by a licensed professional
engineer.
(5) An applicant for a conditional use permit shall submit the information described
in this Section and a non-refundable fee as established by resolution of the city
council to reimburse the City for the costs of reviewing the application.
B. Towers.
(1) Information required. In addition to any information required for applications
for conditional use permits pursuant to chapter , applicants for a conditional
use permit for a tower shall submit the following information:
a. A scaled site plan clearly indicating the location, type and height of the
proposed tower, on-site land uses and zoning, adjacent land uses and zoning,
adjacent roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
• topography, parking, and other information deemed by the city staff to be
necessary to assess compliance with this ordinance. '
5
• b. Legal description of the property.
c. The setback distance between the proposed tower and the nearest residential
property.
d. The separation distance from other towers. The applicant shall also identify
the type of construction of the existing tower(s) and the owner/operator of
the existing tower(s), if known.
e. A landscape plan showing specific landscape materials.
f. Method of fencing, and finished color and, if applicable, the method of
camouflage and illumination.
g. A description of compliance with all applicable federal, state or local laws.
h. A notarized statement by the applicant as to whether construction of the
tower will accommodate collocation of additional antennas for future users.
i. A description of the suitability of the use of existing towers, other structures
or alternative technology not requiring the use of towers or structures to
provide the services to be provided through the use of the proposed new
tower.
j. A description of the feasible location(s) of future towers or antennas within
the City-based upon existing physical, engineering, technological or
geographical limitations in the event the proposed tower is erected.
(2) Factors considered in granting conditional use permits for towers. In addition to
any standards for consideration of conditional use permit applications pursuant
• to chapter of this code, the city council shall consider the following factors
in determining whether to issue a conditional use permit, although the city
council may waive or reduce the burden on the applicant of one or more of these
criteria if city staff or city council concludes that the goals of this chapter are
better served thereby:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district
boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage;
f. Design of the tower, with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusive_ness;
g. Proposed ingress and egress; and
h. Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures.
(3) Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of city staff or city council,that there is no existing
tower, structure or alternative technology that does not require the use of towers
or structures, that can accommodate the applicant's proposed antenna or tower.
• An applicant shall submit information requested by city staff or city council
6
related to the availability of suitable existing towers, other structures or
alternative technology. Evidence submitted to demonstrate that no existing
tower, structure or alternative technology can accommodate the applicant's
proposed antenna may consist of any of the following:
a. No existing towers or structures are located within the geographic area which
meet applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
c. Existing towers or structures do not have sufficient structural strength to
support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause interference with the applicant's
proposed antenna.
e. The fees, costs, or contractual provisions required by the owner in order to
share an existing tower or structure or to adapt an existing tower or structure
for sharing are unreasonable. Costs exceeding new tower development are
presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not
• require the use of towers or structures, such as a cable microcell network
using multiple low-powered transmitters/receivers attached to a wireline
system, is unsuitable. Costs of alternative technology that exceed new tower
or antenna development shall not be presumed to render the technology
unsuitable.
(4) Separation. The following separation requirements shall apply to all towers and
antennas for which a conditional use permit is required; provided, however,that
the city council, after considering the recommendations of City staff, may reduce
the standard separation requirements if the goals of this ordinance would be
better served thereby.
[insert provisions]
(5) Security fencing. Towers shall be enclosed by security fencing not less than six
feet in height and shall also be equipped with an appropriate anti-climbing
device; provided however, that the city council, after considering the
recommendations of city staff, may waive such requirements, as it deems
appropriate.
7
• SECTION IV. CREATION OF TELECOMMUNICATION OVERLAY
DISTRICT/PERMITTED USE.
There is hereby established in the City a"Telecommunications Overlay District"
("TOD"). .WTFs shall be a permitted use in a TOD.and the Zoning Administrator may
administratively approve the uses listed in this section.
A. General. The following provisions shall govern the issuance of administrative
approvals for towers and antennas.
(1) The Zoning Administrator may administratively approve the uses listed in this
Section.
(2) Each applicant for administrative approval shall file an application with the
Zoning Administrator providing the information set forth in sections ,
when applicable, and a nonrefundable fee as established by resolution of the city
council to reimburse the City for the costs of reviewing the application.
(3) City staff shall review the application for administrative approval and determine
if the proposed use complies with this chapter.
(4) The Zoning Administrator shall respond to each such application within sixty
(60)days after the filing of the application by either approving or denying the
application. If the Zoning Administrator fails to respond to the applicant within
• - said sixty (60) days, then the application shall be deemed to be approved, unless
said time has been extended under Minnesota Statutes, Section 15.99.
(5) In connection with any such administrative approval, the Zoning Administrator
may, in order to encourage shared use, or the use of alternative tower structures,
administratively waive or modify any zoning district setback requirements in or
separation distances between towers in by up to fifty percent (50%).
(6) If an administrative approval is denied, the applicant may file an appeal to the
City Council.
B. List of administratively approved uses. The following uses may be approved by the
Zoning Administrator after conducting an administrative review:
(1) Locating a tower or antenna, including the placement of additional buildings or
other supporting equipment used in connection with said tower or antenna, in
any industrial or commercial zoning district.
(2) Locating antennas on existing structures or towers consistent with the terms of
subsections (a) and (b) below:
a. Antennas on existing structures. Any antenna which is not attached to a
tower may be approved by the Zoning Administrator as an accessory use to
any commercial or industrial structure, provided: (i) the antenna does not
extend more than thirty (30) feet above the highest point of the structure; (ii)
• the antenna complies with all applicable FCC and FAA regulations; and (iii)
the antenna complies with all applicable building codes. '
8
• b., Antennas on existing towers. An antenna which is attached to an existing
tower may be approved by the Zoning Administrator and,to minimize
adverse visual impacts associated with the proliferation and clustering of
towers, collocation of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers,provided such
collocation is accomplished in a manner consistent with the following: (i) a
tower which is modified or reconstructed to accommodate the collocation of
an additional antenna shall be of the same tower type as the existing tower,
unless the Zoning Administrator allows reconstruction as a monopole.
(3) New towers in non-residential zoned districts. Locating any new tower in a non-
residential zoning district other than industrial or commercial,provided a
licensed professional engineer certifies the tower can structurally accommodate
the number of shared users proposed by the applicant; the Zoning Administrator
concludes the tower is in conformity with the goals set forth in section ;
the tower meets the setback requirements in section and separation
distances in--Section ; and the tower meets the following height and usage
criteria:
a. for a single user, up to ninety C___) feet in height;
b. for two users, up to one hundred twenty (__) feet in height; and
c. for three or more users, up to one hundred fifty feet in height.
• SECTION V. APPLICATION FOR WTFs.
A. Application. In addition to an applicant's name, address, proposed site for a WTF
antenna or tower, site plan, grading and landscaping plans, written permission of the property
owner, and other such similar information, an application for a CUP, building or other permit
relating to the installation or construction of a WTF or a tower,the applicant shall include the
following:
(1) A statement indicating that failure to comply with the conditions of approval
shall result in the revocation of the permit and removal of the facility.
(2) A statement indicating that the expenses incurred by the City to enforce the
provisions of the permit shall be reimbursed by the applicant.
(3) A statement which requires the applicant to utilize the procedures established by
the FCC to resolve any complaints received relating to interference allegedly
caused by the facility.
(4) A statement indicating the applicant will cooperate in good faith and fair dealing
in collocating wireless telecommunication facilities.
• (5) A statement indicating that the WTF shall be maintained in good and safe condition
and to preserve its original appearance and concealment, disguise or camouflage
9
• elements incorporated into the design at the time of approval. Such maintenance
shall include, but is not limited to, painting, repair of equipment, and maintenance of
landscaping.
(6) A statement authorizing the City to enter,the property for the purpose of periodic
inspections to determine that the site complies with conditions of approval and all
safety and building codes and permits issued. This statement shall give the City the
right to conduct such inspections at any time upon reasonable notice to the property
owner(s), and that all expenses related to such inspection shall be borne by the
applicant.
(7) A statement indicating that a WTF which has not been used for twelve (12)
successive months shall be deemed abandoned and may, at the sole discretion of the
City, be required to be removed in the same manner and pursuant to the same
procedures as for dangerous or unsafe structures established by Minnesota State
Statutes, Section 463.16.
(8.) A statement indicating that the removal of any unused or abandoned tower or
portions of towers shall be the responsibility of the property owner.
(9) A statement requiring the applicant to notify the City that the WTF continues to
be in operation. The notice of continuing operation shall be sent to the City Planner
• annually by certified mail during the last two weeks of the month of December.
B. Escrowed Funds. At the time of application for a WTF permit, an escrow deposit
shall be posted in an amount determined from time to time by City Council resolution.No
interest shall accrue on any such escrowed funds. The City may charge against this deposit to
recover its costs for reviewing the WTF application. These costs may include, but are not
limited to, City staff time over and above that covered by the application fee, consultants' fees,
and fees for third-party review. If a WTF permit is approved, as a condition of approval, deposit
of additional escrow funds may be required. The City will charge against this deposit to offset
the City's costs to monitor construction and ensure compliance with the conditions of approval
and standards in this ordinance. These charges may include, but are not limited to, City staff
time, consultants' fees, and fees for third-party review, monitoring, and inspection. Once
construction has been completed and the applicant has complied with all conditions of approval,
any remaining deposit funds shall be refunded to the party, or entity that posted the escrow
deposit. Refund of the deposit shall not be construed to limit the City's ability to recover future
costs associated with review or monitoring on-going operation of the WTF or future
modifications, amendments, or transfer of the facility.-
C. Assessments. In the event the City incurs charges relating to the enforcement of this
ordinance, including without limitation expenses relating to third-party consultants and removal
of abandoned WTFs and wireless telecommunications towers, the City reserves the right to
assess the property owner for such charges in the same manner in which the City assesses and
• collects real property tax liability.
10
• SECTION VI. NONCONFORMING USES
A. No expansion of nonconforming use. Additional Antennas. Antennas that are
collocated, in accordance with the provisions of this ordinance shall not be deemed to constitute
the expansion of a nonconforming use or structure.
B. Preexisting towers. Preexisting towers shall be allowed to continue their usage as
they presently exist. Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such preexisting towers. New construction other
than routine maintenance on a preexisting tower shall comply with the requirements of this
ordinance.
C. Rebuilding damaged or destroyed nonconforming towers or antennas.
Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having
to first obtain administrative approval or a special use permit. The type, height, and location of
the tower on-site shall be of the same type and intensity as the original facility approval.
Building permits to rebuild the facility shall comply with the then applicable building codes and
shall be obtained within 180 days from the date the facility is damaged or destroyed. If no
permit is obtained or if said,permit expires,the tower or antenna shall be deemed abandoned as
specified in Section VII..
D. Nonconforming Use/Abandonment. A tower or antenna that becomes nonfunctional
for thirty (30) consecutive days shall be deemed abandoned.
SECTION VII. REMOVAL OF ABANDONED ANTENNAS AND TOWERS.
Any antenna or tower that is not operated for a continuous period of twelve (12) months
shall be considered abandoned, and the owner of such antenna or tower shall remove the same
within ninety (90) days of receipt of notice from the City notifying the owner of such
abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) day
shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more
users of a single tower,then this provision shall not become effective until all users cease using
the tower.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the Resolution adopting the ordinance was declared duly passed and adopted.
11
Mayor
ATTEST:
City Clerk
•
12
• Councilmember introduced the following resolution and moved its
adoption, which motion was seconded by Councilmember
RESOLUTION ADOPTING A POLICY STATEMENT REGARDING
WIRELESS TELECOMMUNICATION ANTENNA AND TOWERS
BE IT RESOLVED by the City Council of the City of St. Anthony, Minnesota(the
"City"), as follows:
City Council Policy Statement Regarding Wireless
Telecommunication Antennas and Towers
This policy is established as a guide to city staff in preparing zoning and other regulatory
ordinances and in the preparation of site lease agreements which would permit the location of
antenna arrays and towers on city-owned or controlled real estate. To the extent that a specific
inconsistent zoning or other regulatory ordinance is enacted or a site lease adopted or approved
by the council,the ordinance or lease shall control and this policy shall have no binding effect,
however,paragraph 2 of Article 1, "Priority of Users", and any subsequent amendments thereto
shall control over subsequerit inconsistent language in individual site leases.
ARTICLE 1: REGULATION UNDER CITY POLICE POWER
City actions taken with regard to telecommunication activities, must comply with a
• number of federal parameters established by the Telecommunications Act of 1996. For example,
local actions must foster rather than discourage competition, thus the city will not discriminate
against one or a group of providers in favor of another or another group of providers or potential
providers. Under the same act, local actions which result in a prohibition on provision of
telecommunication services are in invalid. Thus staff is directed to facilitate establishment and
provision of lawful wireless telecommunications services with the following local objectives in
mind:
• Minimize the overall number of towers through collocation requirements;
• insure that new towers will be safe and blend into their environment when possible;
• that they.be placed in suitable locations with residential locations being a last resort;
• that zoning ordinances and other municipal police power regulations be defensible in
light of federal and state laws with special attention.paid to the new federal
requirements; and
• that revenue from site leases of city-controlled lands and structures be maximized
consistent with achievement of the four preceding goals.
• ARTICLE II: POLICY REGARDING USE OF CITY-OWNED LAND FOR WIRELESS
TELECOMMUNICATION ANTENNAS AND TOWERS.
1. Introduction
The City of St. Anthony, Minnesota has received requests from wireless
telecommunication providers to place wireless telecommunication antennas and towers on city
owned property. The City Council has determined that a uniform policy for reviewing these
requests is desirable.
2. Priority of Users
Priority for the use of City owned land for wireless telecommunication antennas and
towers will be given to the following entities in descending order:
A. City of St. Anthony, Minnesota;
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City and private entities with a public safety agreement
with the City; ,
C. Other governmental agencies, for uses which are not related to public safety; and
entities providing licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized
• radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar
services that are marketed to the general public.
3. Minimum Requirements
The placement of wireless telecommunication antennas or towers on City owned property
must comply with the following requirements.
A. The antennas or tower will not interfere with the purpose for which the City owned
property is intended;
B. The antennas or tower will have no adverse impact on surrounding private property;
C. The applicant is willing to obtain adequate liability insurance and commit to a lease
agreement which includes equitable compensation for the use of public land and
other necessary provisions and safeguards. The fees shall be established by the City -
Council after considering comparable rates in other cities, potential expenses, risks
to the City, and other appropriate factors;
D. The applicant will submit a letter of credit,performance bond, or other security
acceptable to the City to cover the costs of antenna or tower's removal;
E. The antennas or tower will not interfere wit other users who have a higher priority
as discussed in Section 2;
F. Upon reasonable notice,the antennas or tower may be required to be removed at
the user's expense;
G. The applicant must reimburse the City for any costs which it incurs because of the
• presence of the applicant's antennas or tower;
2
• H. The user must obtain all necessary land use approvals;
I. The applicant will cooperate with the City's objective to promote collocations and
thus limit the number of separate antenna sites requested.
4. Special Requirements
The use of certain City owned property, such as water tower sites and parks, for wireless
telecommunication antennas or towers brings with it special concerns due to the unique nature of
these sites. The placement of wireless telecommunication antennas or towers on these special
City owned sites will be allowed only when the following additional requirements are met.
A. Water Tower or Reservoir Sites-The City's water towers and reservoirs represents a
large public investment in water pressure stabilization and peak capacity reserves. Protection of
the equality of the City's water supply is of prime importance to the City. As access to the City's
water storage systems increases, so too increased the potential for contamination of the public
water supply. For these reasons, the placement of wireless telecommunication antennas or towers
on water tower or reservoir sites will be allowed only when the City is fully satisfied that the
following requirements are met.
1. The applicant's access to the facility will not increase the risks of
contamination to the City's water supply; .
2. There is sufficient room on the structure and/or on the grounds to
accommodate the applicant's facility;
3. The presence of the facility will not increase the water tower or reservoir.
maintenance cost to the City; and
4. The presence of the facility will not be harmful to the health of workers
maintaining the water tower or reservoir.
B. Parks The presence of certain wireless telecommunication antennas or towers
represents a potential conflict with the purpose of some City owned parks. In no case shall
towers be allowed in designated conservation areas. Wireless telecommunication antennas or
towers will be considered only in the following parks after the recommendation of the Parks,
Recreation, and Arts Commission and approval of the City Council.
1. Public parks of a sufficient scale and character that are adjacent to an existing
commercial or industrial use;
2. Commercial recreation areas and major play fields; and,
3. Park maintenance facilities.
5. Application Process
All applicants who wish to locate a wireless telecommunication antenna or tower on City
owned property must submit to the City Manager a completed application and detailed plan that
complies with the submittal requirements of the Zoning Ordinance along with other pertinent
information requested by the City.
3
• 6. Termination
The City Council may terminate any lease if it determines that any one of the following
conditions exist:
A. A potential user with a higher priority cannot find another adequate location and.
the potential use would be incompatible with the existing use;
B. A user's frequency broadcast unreasonably interferes with other users of higher
priority, regardless of whether or not this interference was adequately predicted in
the technical analysis; or,
C. A user violates any of the standards in this policy or the conditions attached to the
City's permission.
Before taking action,the City will provide notice to the user of the intended termination and the
reasons for it, and provide an opportunity for the user to address the City Council regarding the
proposed action. This procedure need not be followed in emergency situations.
7. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for any reason,
the use of any or all City owned property by any one or all applicants.
S. Effective Date -
•
This policy shall be effective from and after its adoption by the city council.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon the resolution adopting the policy was declared duly passed and adopted.
Mayor
ATTEST:
City Clerk
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• MEMORANDUM
DATE: 09/10/01 MEETING DATE: 09/18/01
TO: Planning Commission Members .
FROM: Susan Henry, Assistant City Manager
RE: Proposed Point of Sale Ordinance
There is renewed interest by the City Council to create a point of sale housing ordinance
in St. Anthony. In 1998, the Planning Commission considered such an ordinance for St.
Anthony. However, it did not go forward to the City Council. A subcommittee has met to
discuss the 1998 draft as well as the concept of the ordinance and how it would be
implemented. The subcommittee also liked aspects of the New Hope Dwelling,
Maintenance, and Occupancy Code. An asterisk has been placed next to information
that could be incorporated into St. Anthony's new ordinance.
The proposed 1998 St. Anthony and New Hope codes are attached for review. The City
Attorney's Office will take the information and draft an ordinance for review at the next
meeting.
The subcommittee liked the idea of going down the same path as 1998. Below is the
• process the subcommittee discussed: -
Step 1: Inspection:
• Before homeowners can list their home for sale on the market, they must
complete a housing inspection and pay a filing fee.
• A realtor will be required to inform the resident, if the resident doesn't already
know.
• The City will have listing of licensed inspectors to choose from.
• A licensed inspector will complete the inspection. The report must be completed
prior to listing the property for sale.
Step 2: Follow-up and Enforcement:
• A 90-day time limit is placed on the homeowner to meet the criteria of the
inspection and/or if there are violations the homeowner must correct.
• After the 90-day time lapses, a follow-up inspection is made of the flagged items
by the original inspector. City staff will build a tickler system to track the
inspections.
• Major code violations should be taken care of before closing. The home
inspector should flag these item(s).
• Either the buyer or the seller can correct the code violations, by having it written
into the purchase agreement. (The idea is to not get in the middle of the sale.)
If the homeowner files no appeal to the inspector's report, and there is no
resolution to the noted code violation(s), the owner of the property is charged
with a misdemeanor.
Page 2
Other ideas of the subcommittee:
• The inspectors will apply with the City to be a licensed inspector, there is set
criteria to do so.
• The ordinance is for all dwellings for sale in St. Anthony (single family and
multiple family).
• The fee for the inspection is $125 ($75 inspector/$25 administration). The idea
behind $75 is to build-in the incentive for the follow-up inspection.
Please note: The City of New Hope charges $100 for the inspection. They have
an in-house inspector that is paid $23.55 per hour. It takes him 45 minutes to 1
hour to conduct the inspection.
• Hire an in-house inspector/code enforcement officer in the future, 3-5 years out.
Staff Recommendation:
Review and discuss the housing code ordinance and the ideas of the subcommittee and
begin to form a group consensus around the concepts, and forward them onto the City
Attorney's Office for drafting a ordinance for review.
•
Attachments:
• St. Anthony Proposed Point of Sale Ordinance
• New Hope Dwelling, Maintenance, and Occupancy Code
• PROPOSED
Section 1306 - POINT-OF-SALE HOUSING EVALUATIONS.
1306.01 Purpose. The purpose of this Section of the City Code is to enhance the
supply of safe, sanitary and adequate housing and to prevent the deterioration of the
overall housing stock in the City of St. Anthony, thereby protecting the general health,
safety, and welfare of the residents.
1306.02 Definitions. The following words and terms, when used in this Section shall
have the following meanings, unless the context clearly indicates otherwise:
Subd. 1. Dwelling and Dwelling Unit. A building or portion thereof, designed
or used predominantly for residential occupancy of a continued nature, including
1-family dwellings, 2-family dwellings, apartment buildings, and rooming units,
but excluding hotels and motels.
Subd. 2. Dwelling, Multiple. A building with two or more living units in
common ownership, one or more of which is rented or available for rent, but
excluding hotels, motels, hospitals, nursing homes, and homes for the aged.
• Subd. 3. Dwelling, Single-Family. A dwelling designed to accommodate one
family.
Subd. 4. Dwelling, Two-Family. A dwelling designed to accommodate two
families in separate dwelling units, each unit with its own means of access.
Subd. 5. Evaluation Report. A written report prepared and signed by a private
housing inspector licensed by the City of St. Anthony on a form in compliance
with Section 1306.03 of this Code.
Subd. 6. Hardship. The inability of the seller to make the required repairs,
including but not limited to economic circumstances, illness, death, weather, or
other unforeseen events.
Subd. 7. Immediate Hazard. A condition or defect which is likely to cause
injury to a person or property if not corrected.
Subd. 8. Licensing Requirements. A private housing inspector contracted to do
business in the City of St. Anthony must first comply with licensing
requirements as stated in Section 500 of the City Code.
• Subd. 9. Mobile Home. Any vehicle which is designed, constructed, and
equipped for use as a dwelling place, living abode, or living quarters and having
no foundation other than wheels, blocks, jacks, or skirting.
Subd. 10. Owner's Agent. A person who acts for or has the power or authority
to act for the owner of a dwelling.
Subd. 11. Sale. The transfer of the title or possession of a dwelling whether or
not absolute title is transferred.
Subd. 12. Structure. Anything constructed, moved, or erected and the use of
which requires location on the ground or attached to something having a
location on the ground, but excluding fences, sidewalks, retaining walls, and
items of an ornamental or decorative nature.
Subd. 13. Unit. A room or group of rooms in a multiple dwelling used or
intended to be used as a residence by an individual, family, or other group
maintaining a common household.
Subd. 14. Vacant. A dwelling which is not occupied.
• 1306.03 Evaluation Report. _
Subd. 1. Requirement. Except as set forth in this Section, no single-family
dwelling, two-family dwelling, mobile home, or a unit in a multiple-family
dwelling located in the City may be voluntarily offered for sale or conveyed by
deed or contract for deed until the owner or owner's agent has first applied for
and secured a structure evaluation report prepared by a private housing inspector
licensed by the City of St. Anthony to perform such inspections. A separate
evaluation report shall be prepared for each dwelling or structure.
No person shall offer for sale by exhibiting or showing a dwelling or structure
within the City without first having obtained an evaluation report and an
inspection as described in this Section. The evaluation report shall be
conspicuously displayed for inspection at the premises at all times that such
dwelling or structure is being offered for sale.
Subd. 2. Occupancy by Buyer. A valid evaluation report must be completed
for the dwelling in question and shall be provided to the buyer before or at the
time of sale of the dwelling or structure. The buyer shall not occupy the
dwelling or structure prior to issuance of the evaluation report.
Subd. 3. Valid Evaluation Report. If the dwelling or structure is in compliance
• with the requirements of this Section, the evaluation report shall state that the
dwelling or structure has been inspected and is in conformance with this Section
2
• of the City Code. An evaluation report is valid for 1 year from the date of its
issuance. The report is valid only for the owner listed on the report.
1306.04 Exceptions. The provisions of this Section do not apply to:
Subd. 1. New Construction. Any newly constructed dwelling or structure when
title is transferred to the first owner.
Subd. 2. Sale to a Public Entity. The sale or transfer of title of any dwelling or
structure to a public entity.
Subd. 3. Demolition. The sale or transfer of title of any dwelling or structure
for the purpose of demolition.
Subd. 4. Conveyance by Sheriff or other Public or Court Officer. The sale or
conveyance of any dwelling or structure by a sheriff or other public or court
officer in the performance of their official duties. This exemption does not
apply to the sale of a dwelling or structure by a person appointed by a probate
court.
• Subd. 5. Apartments. As regulated by Section 570 of this Code.
1306.05 Inspector Requirements.
Subd. 1. Inspector License Required. No person, other than a licensed private
housing inspector, shall conduct housing inspections or complete a housing
evaluation report without first having received a license from the City.
Subd. 2. Application Process. Any person desiring a license to conduct
housing evaluations for the City shall make a written application to the City.
The application for such license shall state the name and address of the applicant
and such other additional information as the City Manager may require. The
application shall contain a hold harmless and indemnity provisions running from
the applicant to the City of St. Anthony and be signed by the person to whom
the license will be issued.
Subd. 3. Application Fee. The application form shall be accompanied by a
non-refundable inspector license fee in accordance with Section 500.01 of this
Code.
Subd. 4. License Denial, Suspension, and Revocation. The license for any
private housing inspector may be denied, suspended or revoked in accordance
with Section 500.13 of this Code, and as may be amended.
3
•
1306.06 Duties of Housing Inspectors.
Subd. 1. Professional Compliance. The private housing inspector shall comply
with the following:
(a) Maintain a current license with the City;
(b) Conduct inspections of properties being offered for sale and
conduct all evaluations within the City's program guidelines;
(c) Meet required continuing education requirements as established
by the profession;
(d) Provide a certificate of insurance showing proof of general
liability insurance and professional liability insurance with a
company authorized to do business in the State of Minnesota;
(e) Keep the City apprised of current personal mailing address and
telephone number; and
S (f) Agree to adhere the industry's code of ethics in performance of
housing inspection duties.
Subd. 2. Compliance to Housing Inspection Program. Each housing inspector
is required to comply with the following procedure for preparing and filing
housing evaluation reports:
(a) The evaluation report must be either typewritten or legibly
printed in ink on forms furnished by the City. The report shall
indicate whether the condition meets the City of St. Anthony
housing standards, is below the City of St. Anthony housing
standards or is deemed to be hazardous at the time and date of the
evaluation.
(b) The inspector shall submit the original housing evaluation report
to the seller. A duplicate shall be filed with the City within 10
calendar days after the evaluation has been made.
Section 1306.07 Correction of Immediate Hazards. The following items, when
determined by the inspector to be unsafe, shall be identified as immediate hazards in the
evaluation report:
• Subd. 1. Heating Systems:
4
• (a) Burned out or rusted heat exchangers;
(b) Burned out, rusted or plugged flues;
(c) No vent;
(d) Connection with unsafe gas supplies; or
(e) Incapacity to adequately heat the living space.
Subd. 2. Water Heaters:
(a) Burned out, rusted, corroded or faulty heat exchangers;
(b) Burned out, rusted, corroded or plugged flues;
(c) No vents or inadequate venting;
(d) Unsafe connection to gas supplies; or
(e) Lack of temperature and pressure relief valves.
Subd. 3. Electrical Systems:
(a) Overloading or inadequate circuits or outlets;
(b) Damaged or deteriorated electrical equipment;
(c) Improperly tapped or spliced wiring;
(d) Exposed uninsulated wires;
(e) Temporary distribution systems; or
(f) Ungrounded systems.
Subd. 4. Plumbing Systems. _
(a) Leaking waste systems, fixtures or traps;
(b) Lack of an operating toilet;
(c) Lack of washing and bathing facilities;
5
• (d) Cross connection of municipal water supply with fixtures or
sewage lines;
(e) Sump pump or other passive storm water drainage systems
emptying into the inside sanitary sewer system;
(f) Abandoned wells that have not been properly capped.
Subd. 5. Structural Systems.
(a) Walls, chimneys, ceilings, roofs, foundations, floor systems, or
decks which are determined to be inadequate of carrying imposed
loads.
(b) Exterior roofs, walls, chimneys, and foundations that are not
weather tight and water tight to the extent that it creates an
immediate hazard.
(c) Abandoned fuel tanks.
• (d) Refuse, debris, garbage, human waste, decaying vermin or other
dead animals, animal waste, vermin infestation or other materials
rendering residential building and structures unsanitary for human
occupancy.
(e) Lack of properly located and operational smoke detectors.
Subd. 6. Occupancy. No occupancy shall be permitted of any dwelling unit or
structure if vacant and an immediate hazard exists. If the dwelling unit or
structure is occupied and an immediate hazard exists, corrective action shall be
taken immediately by the owner or the owner's agent.
Subd. 7.- Responsibility for Corrective Actions. When correcting identified
hazards, the owner shall obtain all necessary permits from the City and the
premises shall be subject to City inspection prior to occupancy of the dwelling.
If, due to hardship, the owner cannot undertake corrective action, the buyer may
elect to correct immediate hazards identified in the housing inspector's report.
A buyer intending to correct immediate hazards must have written consent from
the City. Such written consent may be subject to terms and conditions
including:
(a) A signed agreement from the buyer accepting responsibility for
• correction of the hazardous items;
6
• (b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure.
If the owner is a government agency or if an agreement exists between the
owner and the buyer that the buyer will correct immediate hazards as part of a
remodeling project, the buyer may correct the immediate hazards identified in
the housing evaluator's report. A buyer intending to correct immediate hazards
must have written consent from the City. Such written consent may be subject to
terms and conditions including:
(a) A signed agreement from the buyer accepting responsibility for
correction of the hazardous items;
(b) Reasonable completion dates;
(c) Evidence of financial ability to perform the corrections; and
(d) When the buyer expects to occupy the dwelling or structure.
1306.08 Penalty.
Subd. 1. Owner. The failure of any owner, agent of the owner, or buyer to
comply with the provisions of this Section or to comply with an order issued by
the City pursuant to this Code shall be a misdemeanor.
Subd. 2. Housing Inspector. The failure of any housing inspector to comply
with the licensing provisions of this Section shall be a misdemeanor.
Subd. 3. Other Enforcement Provisions. The City may also enforce provisions
of this Section by mandamus, injunction, or other appropriate remedy in a court
of competent jurisdiction.
1306.09 Implied Warranties/ Warranty Limitations. Nothing in the housing
inspector's report shall guarantee or warrant that a dwelling or structure meets all
minimum maintenance, housing, and building standards. Evaluations conducted
pursuant to this Section are made in order to improve the overall housing stock in the
City. The report issued by an inspector is not a guarantee or warranty to any individual
buyer, seller, or renter regarding the condition of the individual dwelling, nor is the
report intended for the special benefit of any individual.
1306.10 Effective Date. This Section shall be effective for dwellings and structures
offered or listed for sale by exhibiting or showing on or after , 1998.
7
• 1306.11 Severability. If any section, subsection, sentence, clause, or phrase of this
Section is for any reason held to be invalid, such a decision shall not affect the validity
of the remaining portions of this Section.
•
8
3.30 DWELLING, MAINTENANCE AND OCCUPANCY CODE.
3.31 Title. Sections 3.30 through 3.394 of this chapter shall be known,cited,and referred to as the
New Hope Dwelling Maintenance and Occupancy Code, except as referred to herein, where
it shall be known as the Dwelling Code.
3.32 Purpose and Obiectives. The purpose of the Dwelling Code is to protect the public health,
safety, and the general welfare of the people of the City.
3.321 General Obiectives. General objectives of the Dwelling Code include, among others, the
following:
3.321 (1) Protection. To protect the character and stability of all areas within the City.
3.321 (2) Prevention of Adverse Conditions. To correct and prevent conditions that
adversely affect or are likely to adversely affect the life,safety, general welfare,
and health, including the physical, mental, and social well-being of persons
occupying or utilizing structures within the City.
3.321 (3) Health Standards. To provide minimum standards for cooking,heating, sanitary
equipment, light, and ventilation necessary to health and safety.,
3.321(4) Overcrowding. To prevent the overcrowding of dwellings by providing minimum
space standards per occupant for each dwelling unit.
3.321 (5) Maintenance. To provide minimum standards for the maintenance of existing
buildings, and to thus prevent deterioration and blight.
3.321 (6) Land Values. To preserve the value of land and buildings throughout the City.
3.322 Discrimination and Privacy. Inspection and enforcement shall be based on the
requirements of this Dwelling Code only and shall not be used to discriminate against any
person on any basis not specified herein. Neither is it the intention of the City Council by
the enactment of this Dwelling Code to interfere or permit interference with legal rights
to personal privacy.
3.323 Right to Livelihood. The City Council does not,by this Dwelling Code, intend to deprive
any person of the right to livelihood,except when the pursuit of that livelihood is liable to
be deleterious to the public health, safety, or general welfare of the people of the City.
3.324 Contractual Relationships. With respect to rental, lease, or sale disputes, and except as
otherwise specifically.provided in the terms of this Dwelling Code, it is not the intention
of the City Council to intrude upon the fair and accepted contractual relationship between
tenant and landlord or between buyer and seller. The City Council does not intend to
intervene as an advocate of any party, nor to act as an arbiter, nor to be receptive to
complaints which are not specifically and clearly relevant to the provisions herein,nor to
be responsible for certification of the condition of structures,fixtures,or facilities, except _
at the time of inspection. In the absence of other relevancy to the provisions of this
Dwelling Code, it is intended that the contracting parties exercise such legal sanctions as
are available to them without the intervention or involvement of City government.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 77-15)
3 -16 072684
3.33 Rules and Definitions.
• 3.331 ARplicability. Every building and its premises and any accessory structure thereof, shall
conform to the requirements of this Dwelling Code, irrespective of when such building
may have been constructed,altered,or repaired, except that no structure shall be required
to exceed the minimum standards contained in the Building Code effective and applicable
at the time of its construction. This Dwelling Code establishes minimum standards for
erected structures, accessory structures, and related premises._ Wherever the words
"dwelling", "dwelling unit", "building", "commercial facility", "non-residential facility",
"premises", or "structure" are used in this Dwelling Code, they shall be construed as
though they were followed by the word "or any part thereof".
3.332 Separability. Every section,provision,or part of this Dwelling Code is declared separable
from every other section, provision,or part to the extent that if any section, provision, or
part of the Dwelling Code shall be invalid, it.shall not invalidate any other section,
provision, or part thereof.
3.333 Definitions. Whenever a word or term appears in the text of this Dwelling Code, its
meaning shall be construed as set forth in the definitions herein. Whenever a word is not
specifically defined within this subsection,the definition for said word or term,where such
exists is the New Hope Zoning Code set forth in Chapter 4 shall apply, otherwise the
definitions set..forth in Chapter 1 shall apply.
3.333 (1) Anoroved: Acceptable to the Director of Fire and Safety following his
determination as to conformance with the provisions of this Code.
3.333 (2) Clean: Absence of rubbish, garbage, vermin, and other unsightly offensive, or
• extraneous matter. -
3.333 (3) Commercial Facilities: Any building, structure, premises, or facility which
supports, shelters, or encloses any business, occupation, employment, or
enterprise wherein merchandise is exhibited or sold, or which occupies time,
attention, labor, and materials, or where services are offered for compensation,
and which is taxable and for profit.
3.333 (4) Common Areas: In a multiple-family dwelling, halls, corridors, passageways,
utility and recreational rooms, and exterior landscaped areas, not under the
exclusive control of one family and for the use and benefit of multiple families
shall be considered common areas. Common areas shall not be considered a part
of any dwelling unit for purposes of calculating habitable space. For
non-residential,multiple occupancy buildings,common areas are those which are
not under the exclusive control of a single occupant's operation and are jointly
utilized by or supporting multiple operations.
3.333 (S) Easily Cleanable: Readily accessible and of such material and finish and so
fabricated and placed that residue which may accumulate can be completely
removed by normal cleaning methods.
3.333 (6) Flush Water Closet: A toilet,with a bowl and trap made in one piece which is
connected to the City water and sewer system or other approved water supply and
sewer system.
3-17 072684
6
3.333 (7) Functioning: A structure or a part thereof or any fixture or facility required
therein in such physical condition as to safely perform the service or services for
• which it was designed or intended.
3.333 (8) Garbage: Putrescible animal and vegetable wastes resulting from the handling,
preparation, cooling and consumption of food.
3.333 (9) Habitable Building: Any building or part thereof that meets_minimum standards
for use as a home or place of abode by one or more persons.
3.333(10) Habitable Room: A room or enclosed floor space used or intended to be used for
living, sleeping, cooking,or eating purposes, excluding bathrooms, water closet
compartments, laundries, furnace rooms, pantries, utility rooms of less than 50
square feet of floor space, foyers, communicating corridors, stairways, closets,
storage spaces, and workshops, hobby and recreation areas in parts of the
structure below ground level or in attics, and unfinished basements or cellars
(those without floor covering, ceiling covering,wall finish,required ventilation,
required electric outlets and required exit facilities).
3.333 (11) Heated Water. Water heated to a temperature of not less than 120 degrees
Fahrenheit or 49 degrees Centigrade, measured at faucet outlet.
3.333 (12) Insanitary: As applied to a structure means liable to be a danger or hazard to the
health of persons occupying or frequenting it, or to the public, if such danger
arises from the methods or materials of construction,or from equipment installed
therein for the purposes of lighting, heating, ventilation, or plumbing, or from
existing conditions liable to cause rat infestation,vermin infestation,accumulation
• of trash or debris in the building, yards, or accessory structure on the premises
(same as unsanitary).
3.333 (13) Kitchen: A space which contains a sink with counter working space, adequate
space for installing cooking and refrigeration equipment, and adequate space for
storage of cooking utensils.
3.333 (14) Multiple Family Dwelling. A building or portion thereof containing three or
more dwelling units.
3.333 (15) Multiple Occupancy. The occupancy of a building that supports, shelters, or
encloses more than one distinct and separate use, including multiple dwelling
units,multiple commercial operations,or any combination of these of other uses.
3.333 (16) Non-Public Areas: Those areas in a non-residential facility which are not
normally occupied by the general public or non-employees,or those which would
be inaccessible to the public under normal circumstances.
3.333 (17) Non-Residential Facility: A building or structure which is used for other than
residential purposes,or a part of such structure, or a structure a part of which is _
used for other than residential purposes,and in every case,the premises on which
such a structure or facility is located. This designation shall include,but shall not
be limited to nursing homes, rest homes, hospitals, schools, churches, public
buildings,day-care centers,hotels,and all commercial facilities. This designation
shall not include buildings supporting approved home occupations. _
3-18 072684
3.333 (18) Occupancy: The purpose for-which a building, or part thereof, is used or
intended to be used.
• 3.333(19) Occupant: Any person(including owner or operator)inhabiting or occupying and
utilizing a building or portion thereof.
3.333(20) Occupied: For dwelling units,occupied areas will include those areas designated
and utilized as habitable space, as well as non-habitable spaces which are easily
accessible and normally utilized by the occupants. For non-residential facilities,
occupied areas will include all areas utilized in the operation of whatever use
occupies the building.
3.333(21) Operato r: The owner or his agent who has charge,care,control,or management
of a building, or part thereof, in which dwelling units, rooming units, or
commercial or industrial facilities are let.
3.333 (22) Owner: Any person, firm, or corporation who, alone,jointly, or severally with
others, shall be in actual possession of, or have charge, care or control of, any
building or portion thereof within the City as owner, employee, or agent of the
owner, or as trustee or guardian of the estate or person of the title holder. Any
such person representing the actual owner shall be bound to comply with the
provisions of this Code to the same extent as the owner.
3.333(23) Permissible Occupancy: The maximum number of persons permitted to reside in
a dwelling unit or rooming unit.
3.333(24) Plumbint: All of the following supplied facilities and equipment: gas pipes, gas
• burning equipment,water pipes,steam pipes,garbage disposal units,waste pipes,
water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes washing machines, catch basins, drains, vents, and any other
similar fixtures and the installation thereof,together with all connections to water,
sewer, and gas lines.
3.333 (25) Premises: A platted lot or part thereof or unplatted parcel of land, either
occupied or unoccupied by any dwelling or nondwelling structure, including such
building, accessory structure, or other structure thereon.
3.333 (26) Proper Connection to an Approved Sewer System: A functioning sewer
connection free from defects, leaks, or obstructions with sufficient capacity to
drain all fixtures or appliances which feed into it. The sewer system (be it
municipal or private)must be capable of disposing of sewage in a safe sanitary,
and adequate manner.
3.333 (27) Proper Connection to an Approved Water System A functioning plumbing
connection free from defects,leaks,or obstructions providing an uncontaminated,
controllable flow of cold or heated water.
3.333 (28) Public Areas: In a non-residential facility, those areas which are normally
occupied by the general public or non-employees, or those which would be
accessible to the public under normal cir cumstances.
3.333 (29) Reasonable Care. Exercised by occupants, reasonable care shall be considered
• the treatment of all supplied facilities, fixtures, equipment, and structural ,
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elements such that depreciation of these objects and other materials is due to their
age and normal wear through use, rather than due to neglect.
• 3.333 (30) Refuse: All putrescible and nonputrescible waste solids including garbage and
rubbish.
3.333 (31) Rental Dwelling or Dwelling Unit: A dwelling or dwelling unit let for rent or
lease.
3.333 (32) Rental Non-Residential Facility: A non-residential facility let for rent or lease.
3.333 (33) Repair: To restore to a sound and acceptable state of operation, serviceability,
or appearance in the determination of the Director of Fire and Safety.
3.333 (34) Rodent Harborage: Any place where rodents are liable to live, nest, or seek
shelter.
3.333 (35) Rooming House. A building other than a hotel where, for compensation for
definite periods, lodging is provided for persons not of the principal family, but
not including a building providing this service for more than ten persons.
3.333(36) Rooming Unit: Any room or group of rooms forming a single habitable unit used
or intended to be used for living and sleeping, but not for cooking and eating
purposes.
3.333 (37) Rubbish: Nonputrescible solid wastes (excluding ashes) consisting of both
combustible and noncombustible wastes,such as paper,cardboard, tin cans,yard
clippings, wood, glass,brick,plaster,bedding,crockery, and similar materials.
3.333(38) Safe: The condition of being reasonably free from danger and hazards which may
cause accidents or disease.
3.333 (39) Ste: Any writing (including letters, words, or numerals), pictorial
- representation(including illustrations or decorations),emblem(including devices,
symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or
display designed to attract the attention of the public, whether it be attached to a
structure, painted on, or in any other manner represented on a building or other
structure or on the ground.
3-33300) Substandard Building: Any dwelling or non-residential facility,which does not
conform to the minimum standards established by the City Code.
3-33301) Supplied: Paid for,furnished by,provided by,or under the control of the owner,
operator, or agent of a building or portion thereof.
3.333 (42) Structure: Anything erected, the use of which requires more or less permanent
location on the ground;or attached to something having a permanent location on
the ground.
3.333(43) Unsafe: As applied to a structure,a condition or combination of conditions liable
to be a danger or hazard to the life, safety, or health of persons occupying it or
frequenting it or of the public and in danger of settlement, movement,
• disintegration, combustion, or collapse, whether such danger arises from the
method or materials of its construction or from equipment installed therein for the
3-20 072684
purposes of lighting, heating, the transmission or utilization of electrical power,
or from obsolescence or deterioration, or from its location or otherwise.
® 3.34 RESPONSIBILITIES OF OWNERS AND OCCUPANTS. The division and assignment of
responsibilities set forth herein shall be observed by the Director of Fire and Safety or his
agent, in the enforcement of this Dwelling Code, except when contradicted by a contractual
agreement, in force at the time of the determination of a violation, clearly and specifically
assigning and dividing these responsibilities in a different manner. All references to the
Director of Fire and Safety shall include the Building Inspector as his agent and.all other
persons designated with authority by the Director.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 77-15)
3.341 Registration of Multiple Dwellings.
3.341 (l) Registration Required. No person shall allow to be occupied or let to another for
occupancy any unit in a multiple dwelling for which a registration statement has
not been properly made and filed in duplicate with the Director of Fire and Safety
or his agent. Forms shall be furnished by the Building Official for such purpose
and shall set forth the following information.
. . . . . . . . . . . . . . . . (Ord. 79-18)
3.341(1)(a) Owner. Name and address of the owner of the multiple dwelling. In cases
where the owner of a multiple dwelling does not reside in either Hennepin,
Ramsey, Anoka, Carver, Dakota, Scott, or Washington County, the
registration shall be made by an operator who shall be legally responsible for
compliance with this and all other applicable ordinances and such operator
shall reside within one of the aforementioned counties.
• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . (Ord. 82-6)
3.341(1) (b) Caretaker. Name and address of any operator or agent actively managing
said multiple dwelling;
3.341(1) (c) Partnerships. Name and address of all partners (if the registrant is a
partnership);
3.341(1) (d) Corporations. Name and address of all officers of the corporation (if the
registrant is a corporation);
3.341(1)(e) Contract for Deeds. Name and address of the vendee if the multiple dwelling
is being sold on a contract for deed;
3.3410) (f) Legal Description. Legal address of the multiple dwelling;
3.341(1) (p) Units. Number and kind of units within the multiple dwelling, (dwelling
units, tenement units,or rooming units);
3.341(1) (h) Height. Height of the multiple dwelling in stories;
3.341(1) (i) Exterior Construction. Construction of exterior of building wood or other.
3.341 (2) Execution of Statement. The registration shall be subscribed and sworn to by the
registrant before an officer duly qualified to take oaths and shall be made by the
• owner if such owner is a natural person; if the owner is a corporation by an
officer thereof, if a partnership, by one of the partners; and if an unincorporated
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association, by the manager or managing officer thereof. Notwithstanding,
renewal of registrations as required annually by this subsection may be made by
filling out the required renewal form furnished by the Director of Fire and Safety
to'the owner, operator, or agent of a multiple dwelling and mailing said form
together with the required registration fee to the Director of Fire and Safety.
Such renewal of registrations may only be made where there has not been a
change in the ownership, operator, agent or type of occupancy as originally
registered.
3.341 (3) Changes in Registration. No such registration shall be assignable. If the name
or address of any of the persons required to be registered shall change, or if any
change is made in the number or type of units registered, a new registration
statement shall be properly made and filed with the Director of Fire and Safety
within 10 days from the date of such change, in the same manner and form as
herein prescribed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Code 081169)
3.341 (4) Annual Registration. A fee as prescribed in Chapter 14 shall be collected by the
Clerk for each registration under this Code. However, if the registration is not
made within the time set forth in this Section,then the registration fee to be paid
shall be double the amount of the fee otherwise required by Chapter 14.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 79-16)
3.341 (5) Posting. Every registrant of a multiple dwelling shall post a receipted copy of
registration and the occupancy record card issued by the Director of Fire and
Safety. These items shall be conspicuously posted (in a frame with a glass
covering)by the registrant in a public corridor,hallway,or lobby of the multiple
• dwelling for which they are issued.:
3.341 (6) Minimum Standards Required for Occuyancy: Any multiple dwelling failing to
comply with the requirements set forth in this Code shall not be issued a receipted
copy of registration and an occupancy record card until compliance is made. The
Building Inspector shall inspect each multiple dwelling to ascertain if it complies
with such requirements before issuance. No person shall occupy as
owner-occupant or let to another for occupancy any dwelling unit in a multiple
dwelling for the purpose of living,sleeping,cooking or eating therein,which does
not comply with the requirements set forth in this Code, or which has not been
issued a "receipted copy of registration" and "occupancy record card".
3.342 Provision and Maintenance of Basic Services and Utilities.
3-342M Plumbing. Heating. and Electrical Service: Every owner shall be responsible for
the provision and maintenance of plumbing, heating, electrical, and ventilating
service to every occupied portion of every building.
3.342(2) Supplied Heat to Non-Controlling Occupant: Whenever the occupant lacks direct
control over the supplied heat to a dwelling unit, it shall be the responsibility of
the owner that a temperature of at least 68 degrees Fahrenheit, 20 degrees -
Centigrade, or such lesser temperature required by government authority, be
maintained at a distance of three feet above the floor in all habitable rooms,
bathrooms and water closet compartments. Where persons are employed in duties
and operations in an enclosed space or room within non-residential facilities, and
• not engaged in active physical activity, sufficient heat shall be provided in such
spaces or rooms as to maintain a temperature of 68 degrees Fahrenheit, 20 `
3-22 072684
degrees Centigrade,or such lesser temperature required by government authority
at a distance of three feet above the floor.
• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Code 081169)
3.341.(3) Climate Control as Integral Function: When facilities for interior climate control
(heating,cooling,and/or humidity control)are integral functions of structures, it
shall be the responsibility of.the owner that such facilities are maintained and
operated in a continuous manner and in accordance with the designed capacity of
the installed equipment. During instances when the integral equipment is
inoperative because of power or mechanical failure, alternative provisions for
fresh air ventilation of every occupied portion of every building shall be the
responsibility of the owner.
3.343 Structural Maintenance.
3.343(l) Structural Elements: Every owner of every building shall be responsible for the
maintenance of all structural elements,including foundations,framework,floors,
ceilings, exterior and interior walls, roofs, windows, doors, screens, stairways,
porches, balconies, platforms, balustrades, and every appurtenance thereto.
3.343 (2) Reasonable Care: Every occupant of every building shall be responsible for the
exercise of reasonable care in the cleaning and operation or use of all structural
elements.
3.344 Interior Maintenance.
3.344 (1) Maintenance of Common Areas: Every owner of a building containing two or
more occupancies shall be responsible for the maintenance of the common areas
of the building and premises thereof.
3.344(2) Maintenance of Occupied Areas: Every occupant of a building or portion thereof
shall be responsible for the custodial maintenance of that part or those parts of the
building and premises that he occupies and controls.
3.344. (3) Provision and Maintenance of Basic Fixtures and Facilities: Every owner of a
building shall be responsible for the provision and maintenance of the basic
fixtures and facilities required in Section 3.36 through 3.366 herein.
3.344 (4) Reasonable Care: Every occupant of a building or portion thereof shall be
responsible for the exercise of reasonable care in the cleaning and operation or
use of all fixtures and facilities supplied therein.
3.345 Exterior Maintenance.
3.345 (l) Removal of Snow and Ice: The_owner of a multiple-family residential or
commercial building shall be responsible for the removal of snow and ice from
parking lots, driveways, steps, and walkways on the premises.
3.345(2) Illumination: The owner of a multiple occupancy building shall be responsible for
Providing and maintaining illumination in all exterior parking lots and walkways
with provisions to control glare affecting surrounding properties.
i
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3.345(3) Driving and Parkins Areas: The owner of any building shall be responsible for
providing and maintaining parking area and driveways for the occupants of the
• building and other patrons.
3.345'(4) Fences and Accessory Buildings: All fences or accessory buildings supplied by
the owner or agent on the premises shall be the responsibility of said owner or
agent. Those fences or accessory buildings caused to be erected by an occupant
on the premises shall be the responsibility of said occupant, except that when an
occupant has vacated a premise his responsibility shall revert to the owner.
3.345 (5) Landscaping in Yards and Setbacks: The owner of any building shall be
responsible for providing and maintaining landscaping in all yards and/or setbacks
and all areas not designated for buildings, circulation, parking or storage on the
premises.
3.345 (6) Storms. Screen Doors and Windows: The owner of a rental dwelling unit shall
be responsible for providing and hanging all screens and storm doors and storm
windows.
3.345(7) Sign and Architectural Lighting: The occupant of a non-residential facility shall
be responsible for providing and maintaining fixtures to control glare from sign
and architectural lighting on any adjoining residential zone or public street as
prescribed in the New Hope Zoning Code.
3.345 (8) Maintenance of Signs The occupant of a non-residential facility shall be
responsible for signs pertaining to or located on premises that he occupies and
controls. The owner of a non- residential facility with mixed or multiple
• occupancy shall be responsible for signs located on common areas or pertaining
to the general premises.
3.346 Rodent and Vermin Control.
3.346 (l) Rodent Harborages in Occupied Areas: It shall be the responsibility of every
occupant of a structure or portion.thereof to prevent the formation of rodent
harborages in or about the premises that he occupies or controls. It shall further
be the responsibility of said occupant to prevent the placement or accumulation
of materials that may serve as food for rodents in a site accessible to rodents in
these areas.
3.346(2) Rodent Harborages in Public Areas: It shall be the responsibility of every owner
of a building containing two or more occupancies to prevent the formation of
rodent harborages in or about the common area of the building or its premises.
It shall further be the responsibility of said owner to prevent the placement or
accumulation of materials that may serve as food for rodents in a site accessible
to rodents in these areas. .
3.346(3) Pest Extermination: Every occupant of a building containing a single occupancy _
shall be responsible for the extermination of vermin infestations and/or rodents
on the premises. Every occupant of a building containing more than one
occupancy shall be responsible for such extermination whenever his portion of the
building is the only one infested. Notwithstanding,however,whenever infestation
is caused by the failure of the owner to maintain a building or portion thereof in _
• a reasonable rodent-proof or reasonable vermin-proof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists in two or
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more of the occupied portions of any building, or in the shared or public parts of
any building containing two or more occupancies, extermination shall be the
• responsibility of the owner.
3.35 MINIMUM STANDARDS.
3.351 Minimum Standards for Basic Services and Utilities.
3.351 (1) Minimum Plumbing Standards: All plumbing in every occupied portion of every
building and all common areas shall be properly installed and maintained in a
sanitary, safe, and functioning condition, and shall be connected to an approved
utility system in a manner prescribed by the New Hope City Code and by the laws
of the State of Minnesota.
3.351(1)(a) Sewer Connections Required. Every fixture,facility, or piece of equipment
requiring a sewer connection shall have such a connection, functioning, and
free from defects, leaks, or obstructions with sufficient capacity to drain it
and all other fixtures, facilities, or pieces of equipment which feed into it.
The sewer system, whether municipal or private, must be capable of
conveying and disposing of the sewage in a safe, sanitary, and adequate
manner.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 77-15)
3.35111) (b) Water Connection Required. Every fixture, facility, or piece of equipment
requiring a water connection shall have such a connection, functioning and
free from defects,leaks or obstructions with sufficient capacity to adequately
supply it and all other fixtures, facilities, or pieces of equipment which it
• supplies with an uncontaminated,-controllable flow of water. At any time the
legal or equitable ownership of a residential unit changes, a remote water
reading register shall be provided as required by Chapter 5.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 80-6)
3.351 (2) Minimum Heating Standards: No person shall occupy as owner,occupant,or let
to another for occupancy any building or portion thereof which does not have
heating facilities which are properly installed, and which are maintained in safe
and good working condition, and which are capable of safely and adequately
heating all occupied areas located therein to a temperature of at least 70 degrees
Fahrenheit, 21 degrees Centigrade, at a distance of three feet above floor level
and three feet from exterior walls at an outside temperature of -25 degrees
Fahrenheit, -32 degrees Centigrade. Gas or electric appliances designed
primarily for cooking or water heating purposes shall not be considered as heating
facilities within the meaning of this section. Portable heating equipment
employing flame and the use of liquid fuel does not meet the requirements of this
section and is prohibited. No owner or occupant shall install, operate, or use a
space heater employing a.flame that is not vented outside the structure in an
approved manner. -
3.351 (3) Minimum Electrical Standards: Supplied electrical service, functioning
over-current protection devices, electric outlets, and electric fixtures shall be
properly installed and maintained in good and safe working conditions, and shall
be connected to a source of electric power in a manner prescribed by the New
Hope Building Code and by the laws of the State of Minnesota. The minimum
• capacity of such electric service and the minimum number of electric outlets and
fixtures shall be as follows:
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3.351(3) (a) Buildings. Every building shall have at least the equivalent of 60-ampere,
• three-wire service to all occupied portions thereof.
3:351(3)(b) Dwelling Units. Dwelling units shall have at least one branch electric circuit
for each 600 square feet of dwelling unit floor area.
3.351(3) (c) Habitable Rooms. Every habitable room of every dwelling unit shall have
at least one floor or wall-type electric convenience outlet for each 60 square
feet or fraction thereof of total floor area, and in no case less than two such
electric outlets. Temporary wiring or extension cords shall not be used as
permanent wiring.
3.351(3) (d) Bathroom Kitchen, Laundry, Furnace. Every water closet department,
bathroom,kitchen,laundry room,and furnace room shall contain at least one
supplied ceiling or wall- type electric light fixture and every bathroom and
laundry room shall contain at least one electric convenience outlet.
3.351(3) (e) Halls and Stairways. Every common hall and stairway in every multiple
family dwelling shall be adequately lighted by natural or electric light at all
times, so as to maintain an average, horizontal illumination of two foot
candles as defined in the Fifth Edition of the Illumination Engineers' Society
handbook. Every public hall and stairway in structures containing not more
than two dwelling units may be supplied with conveniently located light
switches controlling an adequate lighting system which may be turned on
when needed, instead of full-time lighting.
• 3.351(3)(f) Convenience Switches. A convenient switch or equivalent device for turning
on a light in each dwelling unit shall be located near the points of entrance
to such unit.
3.351-(3)(g) Non-Residential Facilities. Every non-residential facility shall have sufficient
circuits installed to various parts of the building to prevent overloading and
overfusing.
3.351 (4) Minimum Ventilation Standards: Except where there is supplied some other
device affording sufficient ventilation as specified in Section 3.20 through 3.223
of this chapter, for various occupancy types and approved by the Building
Official, every occupied room shall have at least one window facing directly
outdoors which can be opened easily. The minimum total of openable window
area in every habitable room shall be the greater of five percent of the floor area,
of the room,and in no case less than four square feet. Every non-habitable room
(bathroom,water closet compartment,laundry room,and utility room)shall have
at least fifty percent of the openable window requirement otherwise appropriate
for the.floor area, except that no windows shall be required if such rooms are
equipped with a ventilation system which is approved by the Director of Fire and
Safety.
3.351 (5) Discontinuance of Basic Services or Utilities: No owner, operator, or occupant
shall cause or allow any service or utility which is required under this Dwelling
Code, to be shut off from or discontinued for any occupied building or portion
thereof let or occupied by him, except for such temporary interruptions as may
• be necessary while actual repairs or alterations are in process, or during
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temporary emergencies. Whenever such temporary interruptions may be
necessary a reasonable effort shall be made to notify all occupants affected.
• 3.352 Minimum Structural Standards.
3.352 (l) Foundations, Exterior Walls, and Roofs The foundation, exterior walls, and
exterior roof shall be substantially water tight, protected against vermin and
rodents and shall be kept in sound condition.and repair. All portions of the
building shall be adequately supported by.the foundation element. Every exterior
wall shall be free of deterioration, holes, breaks, loose or rotting boards or
timbers,and-any other condition which might admit rain or seepage to the interior
portion of the walls or to the interior spaces of the dwelling. The roof shall be
tight and have no defect which admits rain, and roof drainage shall be adequate
to prevent rain water from causing dampness in the walls. Exterior surfaces shall
be consistently maintained on all levels and elevations. All exterior wood
surfaces, other than decay resistant woods, shall be protected from the elements
and decay by paint or other protective covering or treatment. If twenty-five
percent or more of the exterior surface of such a wood surface is unpainted or
determined by the Director of Fire and Safety to be paint blistered, the surface
shall be painted. If twenty-five percent or more of the exterior surface of the
pointing of any brick, block, or stone wall is loose or has fallen out, or is
determined by the Director of Fire and Safety to be deteriorated,the surface shall
be repaired, with an effort to maintain the same type of colors and materials.
3.352(2) Floors, Interior Walls and Ceilings: Every floor,interior wall, and ceiling shall
be adequately protected against the passage and harborage of vermin and rodents,
and shall be kept in sound condition and good repair.. Every floor in rental
dwelling units shall be free of loose, warped, protruding, ripped, or rotten
flooring materials and floor coverings. Every interior wall and ceiling shall be
free of holes and large cracks and loose plaster and shall be maintained in a tight
weatherproof condition. Toxic paint and materials with a lasting toxic effect shall
not be used. Every toilet room floor surface shall be easily cleanable.
3.352(3) Stairways. Porches, Platforms and Balconies: Every stairway, inside or outside
of a building and every porch,platform or balcony,shall be kept in safe condition
and sound repair. Every flight of stairs and every porch, platform and balcony
floor shall be free of deterioration. Every stairwell and every flight of stairs
which is more than four risers high shall have handrails approximately thirty
inches high,measured vertically from the nose of the stair tread to the top of the
handrail. Every porch, balcony, or platform elevated more than thirty inches
shall have guard rails at least thirty inches above the floor of the porch,platform
or balcony. Guard rail supports, intermediate rails or ornamentation shall be
arranged such that at no point may a nine inch diameter sphere pass beneath the .
guard rail. Every guard rail,handrail and balustrade shall be firmly fastened and
maintained in good condition. No flight of stairs shall have settled out of its
intended position or have pulled away from the supporting or adjacent structures
enough to cause a hazard. No flight of stairs shall have rotting, loose, or
deteriorating supports, treads or covering. Excepting spiral and winding
stairways,the treads and risers of every flight of stairs shall be uniform in width
and height. Stairways shall be capable of supporting a live load of 100 pounds
per square foot of horizontal projection.
3.352(4) Non-Public Stairways, Platforms, and Balconies: Every stairway,platform, and
• balcony reserved for the use of employees, including loading docks, storage,
3 -27 072684
production,and warehousing areas, shall be constructed and maintained in a safe
condition as prescribed in Minnesota Statutes, Chapter 182.
• 3.352(5) Windows.Doors.and Screens: Every window,exterior door,and hatchway shall
be substantially tight and shall be kept in sound condition and repair. Every
window, other than a fixed window or storm window, shall be capable of being
easily opened. Every window, door, and frame shall be constructed and
maintained in such relation to the adjacent wall construction as to completely
exclude rain, wind, vermin, and.rodents from entering the building. _Every
window or other device with openings to outdoor space which is used or intended
to be used for ventilation shall be supplied with 16-mesh screens.
3.352(6) Safe Building Elements: Every foundation,roof,floor,exterior and interior wall,
ceiling, inside and outside stair, every porch, platform, and balcony, and every
appurtenance thereto, shall be safe to use and capable of supporting loads that
normal use may cause to be placed thereon.
3.352 (7) Access: Access to and egress from every portion of every building shall be
provided in conformance to the requirements set forth in Section 3.20 through
3.223 of this chapter and based upon type of occupancy and type of construction.
3.352 (g) Minimum Ceiling Height: The ceiling height of any habitable room shall be at
least seven feet;except that in any habitable room under a sloping ceiling at least
one-half of the floor area shall have a ceiling height of at least seven feet, and the
floor area of that part of such a room where the ceiling height is less than five feet
shall not be considered as part of the floor area in computing the total floor area
of the room for the purpose of determining the maximum permissible occupancy.
3.352 (9) Units Below Grade: No space located more than four feet below grade shall be
used as a habitable room of a dwelling unless approved by the Building Official.
Approval shall be based on compliance with the minimum standards of this Code
for habitable rooms.
3.353 - Minimum Interior Standards for Dwelling Units.
3.353 (1) Kitchen Facilities: Every kitchen in every dwelling unit shall include the
following:
3.353(1) (a) Sink. A kitchen sink in good working condition and properly connected to
an approved water supply system and which provides at all times a
reasonable amount of heated and unheated running water under pressure,and
which is connected to an approved sewer system.
3.35301 (b) Storage. Cabinets and/or shelves for the storage of eating, drinking, and
cooking equipment and utensils and of food that does not require refrigeration
for safekeeping; and a counter or table for food preparation. Said cabinets
and/or shelves and counter or table shall be adequate for the permissible _
occupancy of the dwelling unit and shall be of sound construction furnished
with surfaces that are easily cleanable and that will not impart any toxic or
deleterious effect to food. Each dwelling unit shall have facilities for the safe
storage of drugs and poisonous household chemicals.
® 3.353(1) (c) Stove and Refrigerator. A stove or similar device for cooking food, and a
refrigerator or similar device for the safe storage of food,which are properly
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installed with all necessary connections for safe, sanitary, and efficient
operation. Provided that such stove,refrigerator,or similar devices need not
• be installed when a dwelling unit is not occupied and when the occupant is
expected to provide same on occupancy, in which case sufficient space and
adequate connections for the installation and operation of said stove,
refrigerator, or similar device must be provided.
3.353 (2) Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room
with an entrance door which affords privacy to a person-within said room and
which room is equipped with a flush water closet in good working condition.
Said flush water closet shall be equipped with easily cleanable surfaces, shall be
connected to an approved water system that at all times provides an adequate
amount of running water under pressure to cause the water closet to be operated
properly, and shall be connected to an approved sewer system.
3.353 (3) Lavatory Sink. Within every dwelling unit there shall be a lavatory sink. Said
lavatory sink may be in the same room as the flush water closet, or if located in
another room, the lavatory sink shall be located in close proximity to the door
leading directly into the room in which said water closet is located. The lavatory
sink shall be in good working condition and shall be properly connected to an
approved water supply system and shall provide at all times an adequate.amount
of heated and unheated running water under pressure, and shall be connected to
an approved sewer system. Water inlets for lavatory sinks shall be connected to
an approved sewer system. Water inlets for lavatory sinks shall be located above
the overflow rim of these facilities.
3.353 (4) Bathtub or Shower. Within every dwelling unit there shall be a room which
• affords privacy to a person within said room and which is equipped with a bathtub
or shower in good working condition. Said bathtub or shower may be in the same
room as the flush water closet, or in another room, and shall be properly
connected to an approved water supply system and shall provide at all times an
adequate amount of heated and unheated water under pressure, and shall be
connected to an approved sewer system. Water inlets for bathtubs shall be located
above the overflow rim of these facilities.
3.353 (5) Closet Space. Every dwelling unit shall have a least four square feet of
floor-to-ceiling height closet space for the personal effects of each permissible
occupant; if it is lacking,in whole or in part,an amount of space equal in square
footage to the deficiency shall be subtracted from the area of habitable room space
used in determining permissible occupancy.
3.353 (6) Door Locks and Security. No owner shall occupy nor let to another for
occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling
or dwelling unit are equipped with safe, functioning locking devices. Multiple
family dwellings shall be furnished with door locks as follows:
3.353(6)(a) Multiple Family Dwelling Security Systems. For the purpose of providing
a reasonable amount of safety and general welfare for persons occupying
multiple family dwellings, an approved security system shall be maintained
for each multiple family building to control access. The security system
shall consist of locked building entrance or foyer doors, and locked doors
leading from hallways into individual dwelling units. Dead-latch type door
• locks shall be provided with lever knobs (or door knobs) on the inside of
building entrance doors and with key cylinders on the outside of building
3-29 072684
entrance doors. Building-entrance door latches shall be of a type that are
permanently locked from the outside and permanently unlocked from the
® inside.
3.353(6) (b) Dwelling Unit Door Locks. Every door that is designed to provide ingress
or egress for a dwelling unit within a multiple family building shall be
equipped with an approved lock that has a dead-locking bolt that cannot be
retracted by end pressure, provided, however, that'such door shall-be
openable from the inside without the use of a key or any special knowledge
or effect.
3.353(7) Removal of Basic Equipment or Facilities. No owner,operator,or occupant shall
cause any facility or equipment which is required under this Code,to be removed
from or shut off from any occupied dwelling unit let or occupied by him, except
for such temporary interruptions as may be necessary while actual repairs or
alterations are in process, or during temporary emergencies.
3.354 Minimum Interior Standards for Non-Residential Facilities.
3.354(1) Toilets and Lavatories. Every non-residential facility regularly used or occupied
by persons shall be provided with toilet and lavatory facilities as further provided
in this subsection except that small buildings(not over 150 feet square)used for
shelter in connection with the operation of parking lots, storage lots, kiosks,
watchman stations, and similar uses shall not be required to have such facilities
if such facilities are conveniently available to workers using such buildings and
are so used at all times.
3.354(1) (a) Compliance with Building Code. Toilet and lavatory facilities shall be
provided according to Sections 3.20 through 3.223, except that separate
facilities for the sexes may not be required in establishments occupied by five
or less persons of both sexes taken together and where"said facilities are not
used by the public. Such facilities shall be located in a space completely
enclosed by partitions and self-closing doors separating them from any other
room or space. Such toilet rooms shall be provided with adequate light and
ventilation.
3.354(1) (b) Sanitation. All toilet facilities and toilet rooms shall be kept neat and clean
at all times. The toilet room walls and ceiling shall be provided with a
smooth surface and where paint is used as the surface coating it must be
maintained and painted as is necessary for cleanliness. Floors in such rooms
must be of non-absorbent materials such as concrete, brick tile, vinyl or
asphalt tile, or similar surface material.
3.354(1) (c) Accessories Required. Toilet paper shall be provided with each toilet
facility. Soap shall be provided with each lavatory. Individual towels or
other means of drying shall be provided for lavatories. No common towel
shall be used.
3.354(2) Supplied Drinking Fountains. All drinking fountains provided shall comply with
the provisions set forth in Sections 3.20 through 3.223.
3.354 (3) Interior Storage. Storage of all goods and materials within non-residential _
• facilities shall be arranged and maintained so as not to interfere with the intended
function of windows, heating, cooling, or ventilating registers, or any other
3-30 072684
required fixtures or facilities. Neither shall stored goods and materials obstruct
access to required emergency exits nor be so arranged as to prevent the proper
• functioning of required fire doors. No goods or materials shall be stored so as to
constitute a fire hazard. In areas accessible to the public, adequate aisle as
specified in Sections 3.20 through 3.223 and the Minnesota State Fire Code shall
be maintained between stored or displayed goods and materials, and said goods
and materials shall be stacked or supported so as not to constitute a danger to the
life or health of any person.
3.354(4) Removal of Basic Equipment or Facilities. No owner,operator,or occupant shall
cause any facility or equipment which is required under this Code to be removed
from or shut off from any occupied non-residential facility let or occupied by him,
except for such temporary interruptions as may be necessary while actual repairs
or alterations are in process, or during temporary emergencies.
3.355 Minimum Exterior Standards.
3.355 (l) Snow and Ice Removal. Individual snowfalls, or successive snowfalls, shall be
removed from all steps and walkways on the premises of multiple residential or
commercial facilities within twelve hours after cessation of snowfall. Snow
removal from provided parking facilities shall be executed in conformance with
Chapter 9.
3.355(2) Exterior Lighting. For multiple family dwellings, all exterior parking areas and
walkways shall be provided with an average,maintained,horizontal illumination
of six-tenths foot-candles, as defined in the Fifth Edition of the Illumination
Engineers' Society Handbook. For non-residential facilities all exterior parking
• areas and walkways shall be provided with an average, maintained, horizontal
illumination of two foot-candles,as defined in the Fifth Edition of thelllumination
Engineers' Handbook.
3.355 (3) Sign, Awning, and Exterior Fixtures. All canopies, marquees, signs, metal
awnings,stairways,fire escapes,standpipes,exhaust ducts,and similar overhang
extensions shall be maintained in good repair and properly anchored so as to be
kept in a safe condition. They shall be protected from the elements and against
decay and rust by the periodic application of a weather-coating material such as
paint or other protective treatment.
3.355 (4) Driving and Parking Are
3.355(4)(a) Multiple Dwelling Units. All multiple family dwellings and non-residential
facilities shall be provided with paved and delineated parking areas and
driveways, properly screened striped and maintained in good condition,
consistent with Chapter 4.
3.355(4)(b) Single and Double Family Dwelling Units. All single family and two-family
dwellings and townhouses shall have designated parking areas and driveways.
as required in Chapter 4. These areas shall be surfaced and maintained with
materials suitable to control dust and drainage. No vehicle, other than a
recreational vehicle, camping, boat or utility trailer, or other recreational
boats and equipment,shall be stored on an areas not designated and properly
maintained for parking purposes.Recreational vehicles and other recreational
• equipment can be parked and stored on the lot other than on designated
3-31 072684
parking areas providing such parking does not interfere with lot drainage,and
that the vehicles are owned by the occupant.
3.355(5) Fence Maintenance. All fences shall consist of metal,wood,maintained in good
condition both in appearance and in structure. Wood material, other than decay
resistant varieties, shall be protected against decay by use of paint or other
preservatives. If twenty-five percent or more of the exterior surface of such a
structure is unpainted, or determined by the Director of Fire and Safety to be
paint blistered, the surface shall be painted.
3.355(6) Accessory Structure Maintenance. Accessory structures supplied by the owner,
agent, or tenant occupant shall be structurally sound, and be maintained in good
repair and appearance. The exterior of such structures shall be made weather
resistant through the use of decay-resistant materials such as paint or other
preservatives. If twenty-five percent or more of the exterior surface of such a
structure is unpainted, or determined by the Director of Fire and Safety to be
paint blistered, the surface shall be painted.
3.355 (7) Landscaping. Every yard, setback and every area not designated for buildings,
circulation,parking,recreation areas,and storage shall be provided with lawn or
combined ground cover of vegetation, garden, hedges, trees and shrubbery.
Provided landscaping shall be maintained in good condition. Vacant land shall be
maintained in accordance with Chapter 9.70. When landscaping originally
provided and/or required wholly or partially in multiple dwelling,commercial or
industrial area for purposes of screening is found to be deficient in fulfillment of
this purpose due to inadequate provision or lack of proper maintenance, the
Director of Fire and Safety may require compliance with landscaping and
• screening provisions for new construction in accordance with Chapter 4.
3.355 (8) Grading and Drainage. Every yard, court, passageway, or other portions of a
premises not designated as a storm-water ponding area shall be graded and
drained so as to prevent the accumulation of water that will be a hazard to health
and safety.
3.355 (9) Gutters and Downspouts. Provided gutters, leaders, and downspouts shall be
maintained in good working condition as to provide proper drainage of storm
water. In no case shall storm water be channeled into the sanitary sewer system.
Neither shall storm water, ice, or snow be directed onto, or channeled across
walkways or streets where it is liable to be a hazard to life or health.
3.356 Minimum Standards for Rodent and Vermin Control. Every building or accessory
structure and the premises on which it is located shall be maintained in a rodent-free and
rodent-proof condition.
3.356 (l) Exterior Walls, Foundations. Floors and Roofs All openings in the exterior
walls, foundations, basements, ground or first floors, and roofs which have a
half-inch diameter or more opening shall be rodent-proofed in an approved _
manner if they are within forty-eight inches of the existing exterior ground level
immediately below such openings,or if they may be reached by rodents from the
ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other
items such as trees or vines or by burrowing.
•
3.356.(2) Windows and Doors. All windows located at or near ground level used or
intended to be used for ventilation, all other openings located at or near ground
3-32 072694
level, and all exterior doorways-which might provide an entry for rodents, shall '
be supplied with adequate screens or such other devices as will effectively prevent
® the entrance of rodents into the structure.
3.356 (3) Sewers, Pines, Drains, Conduits. All.sewers, pipes, drains, or conduits and
openings around such pipes and conduits shall be constructed to prevent the
ingress or egress of rodents to or from a building.
3.356 (4). Interior Floors. Interior floors of basements, cellars, and other areas in contact.
with the soil shall be rodent-proofed in an approved manner.
3.356 (5) Stored Material. Materials stored outside of buildings shall be stacked in an
orderly manner so as to prevent the creation of a rodent harborage. No stacking
or piling of material shall take place against the exterior walls of a structure.
3.36 OCCUPANCY STANDARDS.
3.361 One Family Per Dwelling Unit. Not more than one family, except for boarders or
temporary guests, as controlled by Chapter 4, shall occupy a dwelling unit.
3.362 Permissible Occupancy of Dwelling Unit. With the exception of owners occupying a
respective dwelling unit prior to enactment of this Dwelling Code, the maximum
permissible occupancy of any dwelling unit shall be determined as follows:
3362(1) Minimum Space. For the first occupant, 150 square feet of habitable room floor
space and for every additional occupant thereof, at least 100 square feet of
habitable room floor space.
• 3.362 (2) Maximum Occupancy. In no event shall the total number of occupants exceed
two times the number of habitable rooms, less kitchen, in the dwelling unit.
3.362 (3) Occupancy of Sleeping Rooms. In every rental dwelling unit, every room
occupied for sleeping purposes by one occupant shall contain at least seventy
square feet of floor space for the first occupant and every room occupied for
sleeping purposes by more than one occupant shall contain at least fifty square
feet of floor space for each occupant thereof.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Code 072684, Ord. 77-15)
3.37 INSPECTION AND ENFORCEMENT.
3.371 Administration and Enforcement. The Director of Fire and Safety and/or the Director's
designated agents shall administer and enforce the provisions of this Dwelling Code and
are hereby authorized to cause'inspecuons on commercial and rental dwelling units on all
classes of property within the City on a scheduled basis, and on all residential units on all
classes of property at the point of any conveyance of the unit whether voluntary or
involuntary or when reason exists to believe that a violation of the Dwelling Code has
been, or is being, committed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 77-15, 88-6, 90-3) -
3.372 Fees/Continuing Violations. A fee shall be payable for every inspection required under
Section 3.371 as prescribed by Chapter 14. A single fee shall be due and payable for the
initial inspection and one reinspection related to the Code compliance action.
3 -33 072684
3.372(l) Additional Fees. An additional fee as prescribed by Chapter 14 shall be due and
payable for every required reinspection subsequent to the first reinspection
• provided for in this section.
3.372(2) Continuing Violation a Separate Misdemeanor. In addition to the additional
inspection fee for additional inspections for continuing violations, each period of
ten days after the initial 60-day period of the violation shall constitute a new
violation punishable as a misdemeanor hereunder.
. . . . . . . . . . (Ord. 79-17, 94-21) .
3.373 Authori . Excluding appellate bodies, the Director of Fire and Safety shall be the final
authority in the determination of a violation.
3.374 Inspection Access. If any owner, occupant, or other person in charge of a building or
portion thereof fails or refuses to permit free access and entry to the structure or premises
under his control for an inspection pursuant to this Dwelling Code, Director of Fire and
Safety may seek a court order authorizing such inspection.
3.375 Compliance Order. Whenever the Director of Fire and Safety determines that any building
or portion thereof or premises fails to meet the provisions of this Dwelling Code, he may
issue a Compliance Order setting forth the violations and ordering the owner, occupant,
operator, or agent to correct such violations. This Compliance Order shall:
3.375 (l) Be in writing;
3.375 (2) Describe the location and nature of the violations of this Dwelling Code;
• 3.375 (3) Establish a reasonable time.for the correction of such violations; and
3.375(4) Be served upon the owner or his agent or the occupant. Notice shall be deemed
to be properly served upon such owner or agent, or upon any such occupant, if
a copy thereof is:
3.375(4) (a) Served upon him personally, or
3.375(4) (b) Sent by Certified mail to his last known address, or
3.375(4)(c) Upon failure to effect notice through(a)and(b)as set out in this subsection,
posted at a conspicuous place in or about the dwelling which is affected by
the notice.
3.376 Notice of Violation. If after the period allowed for compliance has elapsed, the Director
of Fire and Safety determines on the basis of a re-inspection that the violation has not been
corrected,a notice of violation shall be issued summoning the responsible parry into court.
This citation shall reiterate the charge and the Dwelling code Section(s)violated.
4-4-.377 Emergency Cases. When a violation of this Dwelling Code constitutes an imminent peril
to life, health, or property, the Director of Fire and Safety may require immediate
compliance. When this is the case, no stay of proceedings in furtherance of action shall
be granted on appeal. Situations which constitute an imminent peril to life, health, or
property include, but shall not be limited to, the following:
• 3.377 (1) Heating Systems. Heating systems that are unsafe due to: burned out or rusted
out heat exchangers (fire box); burned out or plugged flues; not being vented; '
3-34 072684
being connected with unsafe-gas supplies; or being incapable of adequately
heating the living space.
• 3.377 (2) Water Heaters. Water heaters that are unsafe due to: burned out or rusted out
heat exchangers (fire box); burned out, rusted out, or plugged flues; not being
vented; being connected with unsafe gas supplies; or lack of temperature and
pressure relief valves.
3.377 (3) Electrical Systems. Electrical systems that are unsafe due to: dangerous
overloading; damaged or deteriorated equipment; improperly tapped or spliced
wiring; exposed uninsulated wires; distribution systems of extension cords or
other temporary methods,ungrounded systems,ungrounded appliances in contact
with earth.
3.377(4) Plumbing Systems. Plumbing systems that are unsanitary due to: leaking waste
systems, fixtures or traps; lack of a water closet; lack of washing and bathing
facilities;or cross connection of pure water supply with fixtures or sewage lines.
3.377 (5) Structural Systems. Structural systems, walls, chimneys, ceilings, roofs,
foundations, and floor systems, that will not safely carry imposed loads.
3.377(6) Unsanitary Conditions. Refuse,garbage,human waste,decaying vermin or other
dead animals, animal waste, other materials rendering it unsanitary for human
occupancy, including lack of light and air.
3.377 (7) Vermin Infestation. Infestation of rodents, insects, and other vermin.
3.378 Unfit for Human Occunancv.
3.378 (1) Declaration. Any building or portion thereof which is damaged, decayed,
dilapidated, insanitary, unsafe, vermin or rodent infested, or which lacks
provision for basis illumination,ventilation,or sanitary facilities to the extent that
the defects create a hazard to the health, safety,or welfare of the occupants or of
the public may be declared unfit for human occupancy. Whenever any building
or portion thereof has been declared unfit for human occupancy, the Building
Official shall order same vacated within a reasonable time and shall post a placard
on same indicating that it is unfit for human occupancy,and any operating license
previously issued for such building shall be revoked.
3.378(2) Vacated Building. It shall be unlawful for such building or portion thereof to be
used for human occupancy until the defective conditions have been corrected and
written approval has been issued by the Director of Fire and Safety. It shall be
unlawful for any person to deface or remove the declaration placard from any
such building.
3.378 (3) Securing Unfit and Vacated Buildings. The owner of any building or portion
thereof which has been declared unfit for human occupancy, or which is _
otherwise vacant for a period of sixty days or more, shall make same safe and
secure so that it is not hazardous to the health, safety, and welfare of the public
and does not constitute a public nuisance. Any vacant building open at doors or
windows, if unguarded, shall be deemed to be a hazard to the health, safety, and
welfare of the public and a public nuisance within the meaning of this Dwelling
• Code.
3-35 072684
3.378 (4) Hazardous Building Declaration. In the event that a dwelling has been declared
unfit for human occupancy and the owner has not remedied the defects within a
prescribed reasonable time, the building may be declared a hazardous building
and treated consistent with the provisions of Minnesota Statutes, or, in the
alternative, in compliance with Chapter 9.
3.379 Built-In Deficiencies. Certain specific deficiencies may be deemed to be beyond
reasonable correction by the Director of Fire and Safety. Such deficiencies shall be limited
to the following:
3.379 (l) Ceiling g eight. Any existing habitable room with less than a seven foot ceiling
height shall be considered a built-in deficiency which is beyond reasonable
correction.
3.379 (2) Superficial Floor Area. Any existing habitable room of less than ninety square
feet shall be considered a built-in deficiency and beyond reasonable correction.
3.379 (3) Natural Light and Ventilation. Any existing habitable room with window area
less than ten percent of the floor area shall be considered a built-in deficiency
beyond reasonable correction but in no case shall the required natural light and
ventilation be less than five percent of the floor area.
. . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Code 072684, Ord. 77-15)
3.379 (4) Security Door Locks. In existing multiple family buildings, entrance or foyer
doors lacking dead-latch-type door locks, as required in Section 3.353(6) (a) of
this Code may be considered built-in deficiencies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Ord. 88-6)
• 3.38 APPEALS, PENALTIES AND SANCTIONS.
3.381 Am a1SS. Appeals from a Compliance Order issued by the Director of Fire and Safety
pursuant to the Dwelling Code are governed by and subject to the provisions of Chapter
1.
3.382 Penalties. Any person who fails to comply with a Compliance Order after right of appeal
has expired,and any person who fails to comply with a modified Compliance Order within
the time set therein, and any person who violated any of the provisions of this Dwelling
Code by doing any act or omitting to do any act which constitutes a breach of any section,
shall be guilty of a misdemeanor.
3.383 Alternative Sanctions. In the case of commercial facilities which require licensing and
multiple dwellings which require registration, said licensing or registration may be
revoked, or renewal thereof withheld, until compliance with this Dwelling Code.
3 -36 072684
3.384 Execution of Compliance Orders by Public Authority Upon failure to comply with a
Compliance Order within the time set therein and no appeal having been taken, or upon
failure to comply with a modified Compliance Order within the time set therein, the
criminal penalty established hereunder notwithstanding,the City Council may by resolution
cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost
of such remedy shall be a lien against the subject real estate and may be levied and
collected as a special assessment in the manner provided by Minnesota Statutes.
. . . . . . . . . . . . . . . . . . . . . . . (Ord. 77-15)
3-37 072684
® MEMORANDUM
DATE: 09/10/01 MEETING DATE: 09/18/01
TO: Planning Commission Members
FROM: Susan Henry, Assistant City Manager,.
RE: Northwest Quadrant Redevelopment Update
A pre-proposal conference for interested developers will be held Thursday, September
20, at 10 a.m., at St. Anthony City Hall. Jim Prosser of Ehlers and Associates will be
leading the presentation. Developer proposals are due into Ehlers on October 26.
Attached find the cover sheet mailed to developers and the list of developers (starred)
that received the request for proposal (RFP).
Late this year or early next year, the City will be reviewing the proposals and
interviewing developers;subjecting the concepts to further evaluation and identifying
any potentially viable development proposals.
Attachment:
• Developer Cover Letter and List
AUG. 28. 2001 2:08PM EHLERS & ASSOCIATES N0. 8543-P. 2
EHLERS
& ASSOCIATES INC
OTo: Interested Developers
From: Jim Prosser
L Mark Ruff
Subject: St.Anthony Village Redevelopment Opportunity
Date: August 21,2001
The City of St.Anthony Village,Minnesota is requesting development program proposals for the SE Corner
of Northwest Quadrant Redevelopment area. This area includes the Apache Mall. The purpose of the
proposals is to assess the interest, financial feasibility, and concept compatibility with the City's Planning
Framework(see enclosed Northwest Quadrant Development Plan).
To assistyou with this proposal we have scheduled a pre-proposal conference forThursday,September
20, at 10:00 am at the St. Anthony Village City Hall,3301 Silver Lake Road. Completed materials
should be submitted to the attention of Jim Prosser no later than 4:00 pm on October 26.
In order to properly evaluate a proposal for a project of this nature. we would request the following
information be included with your initial submission:
I. A development program including type, size, estimated value, pad size and use for each project
component. (An example would be"four story,brick and masonry, 125 room limited service hotel,
• constructed on a 2.1 acre pad. Estimated construction cost of$6,250,000.)
2. A general plan or strategy to accommodate some of the existing businesses in the redevelopment
area.
3. A general description of the public improvements, which may be required to support the new
development. Potential improvements to consider may include, transit, water and sewer
improvements. We understand that engineering has not been initiated as yet and that an
environmental review would be undertaken if the project would proceed. However, we would
appreciate•preliminary information of the type improvement,which will be considered.
4. Project financing information including estimated project sources and uses.
5. A description of the project team including, but not limited to, master or lead developer, anchor
tenant representatives, development planner/architect, engineering consultant, attorney.
6.. Background summary of related development experience, financing capacity and references from
at least three communities where you have completed similar developments.
7. A concept site plan showing building placement,parking and major public improvements.
This information will be reviewed and evaluated by the Project Team including the St.Anthony Village City
Manager, City Planner,and Financial Advisor. The evaluation will be provided to the Council to be used
in the selection of developers. -
Thanks again for your interest in developing within our community. We look forward to receiving
information regarding your proposal.
LEADERS IN PUBLIC FINANCE
3060 Centre Pointe Drive 651.697.8503 taz 651.697.8555
Roseville,MN 55113.1105 jim@ehlers•inc.com
Develo er Resource Guide EHLERS
A IEINC
Developer/Address• Contact Phone FALK �-1�Iait ' , ; Type
Affordable Suburban Housing Bill Schatzlien 952-835-5498 952-835-4586 bill.schatzleinnjuno.com Housing
10306 Morris Road
Bloomington,MN 55437
APEX Aset Management Bob Lux 952-545-1419
600 S. Hwy 169,Ste 1970
Minneapolis, MN 55426
Bayport Properties Torn Tbrekeld, 952-548-6203
300 Hwy 169 S. Ste. 120 President
St. Louis Park, MN 55425
Beard Group Inc. Bill Beard 612-930=0630 612-930-0631 WilliamBeard @email.msn Retail
10 Eleventh Avenue South r' ' Mixed
Hopkins, MN 55343
Brighton Development Company Linda Donaldson 612-332-5664 612-332-1250
15 North 12'h Street
Minneapolis, MN 55403
Centex Multi-Family Communities Roger Fraley 214-981-6227 214-981-6786 rfraley614kaol.com Multi-family
2728 North Harwood, 3rd Floor Project Manager 214-244-0037 housing
Dallas,Texas 75201 (mobile)
(PO Box 199000 -Zip 75219-9000)
Centex Multi-Family Communities Laurence C. Harmon 612-802-4701 952-949.0600 IharmoneaMn.m.com Multi-family
12400 Whitewater Driver, Suite 120 housing
Minnetonka, MN 55343 Z/A.
Central Suburban"Inc. Bruce Kerber 612-716-6157
1630 NE County Hwy 10
Spring Lake Park,MN 55432
• •
Developer Resource Guide - Page 2
Developer/Address _ Contact Phone &Mail _ - ,'Type
Cornerstone Development Heidi Kurtze, 952-944-9672 952-942-6902 hkurize(aleornerstone Housing
7661 Bush Lake Road Development group.com
Bloomington, MN 55438 Manager
Contractor Property Developers Company Jay Liberacki 763-971-0477 763-971-0576 craigpprschererbros.com Housing
The Quadrant Building X-205 Mixed
7100 Northland Circle, Suite 108
Minneapolis,MN 55428 r
Country Home Ross Fefercorn 952-835-4126 952-835-3190 rossfnmit-enti ties,com
7625 Metro Blvd., Ste. 145 Ext. 103
Edina,MN 55435
CSM Murray Kornberg 651-646-1717 651-646-2404 mkornbergeacsmeoM.net Retail
2575 University Avenue West, Suite 150, Hotel
St. Paul, MN 55114-1024 L Mixed
Darrel A Farr Development Corp. Benjamin Schmidt 6.12-553-9972 612-553-9983 Cell: 612-716-6047
3025 Harbor Lune Ste. 317
Plymouth, MN 55447
Delta Homes Mark Parranto,Vice 651-454-1600 651-454-8943 apnlemmninter,net Housing
3902 Cedarvale Drive President 612-363-7559
Eagan MN 55122 (cell)
Dunbar Development Corporation Frank.Dunbar 612-377-7090
5000 Glenwood Avenue, Suite 200 l"
Minneapolis, MN 55422-5146
ESG Peter Keely,AIA 612-373-4681 612-339-5382 pkeel�a,esgarch.com Architects
Elness Swenson Graham Architects, Inc. Associate
700 Third Strget South
Minneapolis,MN 55415
Developer Resource Guide - Page 3
Developer/Address Contac# Phone Fax =F Mau-- Type
I Excel Development Group Jan Thayer, 402-434-3344 402-434-3343
4911 North 261h Street, Suite 108 ► President/CEO 308-390-2929
' Lincoln,NE 68521 l` (Cell)
Gramercy Lou Stocco 612-854-0467 612-876-4188 Ilco(_@aol.com aol.com. Senior
7900 International Drive, Suite 1035 Housing
Bloomington, MN 55425 f F Mixed
Greg T. Merz Greg Merz 763-557-8978. 763-557-8038 gtmefZ@usinternet.com General
12520 291 Avenue 612-308-7757
Plymouth Avenue North cell
Plymouth, MN 55441
GVA Marquette Advisors Louis W. Frillman 612-344-1274 Ifirillmannm
evaarquetteadv
410 Young Quinlan Bldg. isors.com
81 S. 911 St.
Minneapolis, MN 55402-3200 ,
Bans Hagen Homes Hans Hagen 763-586-7200 Housing
941 NE Hillwind Rd., Ste. 300
s
Fridley, MN 55432
Healey Ramme Company Peter Ramme
13875 Chestnut Drive, Suite 124
' Eden Prairie, MN 55344
Heritage Development Stephen A. Bona 651-481-0017 657-481-1518 heritagedevelopment.com. Housing
422 E. County Road D ,f' Project Manager x104
St. Paul, MN 55117 651-271-4951
(cell)
;Highland Villa Builders, Inc. Mark Z. Jones (952)925-1020
5290 Villa Way
Edina,MN 55436
Developer Resource Guide - Page 4
I Developet/Address Co�tac0 Phone Fag ` : E-Ma� ..Type
Hillcrest Development Scott Tankenoff 612-371-0123 612-378-2424 stankenoff(a?aol.com
2424 Kennedy St.NE
Minneapolis, MN 55413
Horning Companies,Inc David Horning 612-874-4400 612-874-4401
1000 West 22°°Street
Minneapolis, MN 55405
Hunt-Gregory Daniel Hunt 612-630-2448
129 North 2"1 Street,Suite 100
Minneapolis, MN 55401
Kevin Riley
21770 Potawatomi Street
Oak Grove, MN 55303
KKE Todd Charles Young, 612-339-4200 612-342-9267 tcyoune kke.com Architects
Korsunsky Krank Erickson Architects, nc. AIA
300 First Avenue North Principal
s Minneapolis, MN 55401-1681
Krause-Anderson David Anderson 612-332-7281 612-332-0217 dandersonnak-a-c.com. Retail
Construction Company Director of daiiderson@_k-a-c.com.
525 South Eighth Street i ! Marketing
Minneapolis, MN 55404
' LandCor, Inc. Robert L. Fields 763-315-0818 763-315-0817 landcor@att.net Commercial
9464 Hemlock Lane North Office
Maple Grove, MN 55369 Warehouse
LaNel Financial.Group, Inc. ' Gregory J. Bronk 952-920-5338 952-925-5640 gregQlanct.com
4601 Excelsior,Blvd. Suite 601 `'1 Principal
Minneapolis,MN 55416
• • •
Developer Resource Guide - Page 5
Developer/Address .Contact Phone fax E-Mail. = Type
Laurent&Associates,Inc. John Laurent 612-475-2798
130 West Lake Street
Wayzata,MN 55391
L.J. Melody & Company Sarah Harris,CRE 612-336-4230 612-339-4352 sarah.hards(n)li melody.corn
81 S. 9`h St., Ste, 400 Vice President -
Minneapolis, MN 55402-3227
Loren T. Kjersten 763479-1300
4720 S. Lake Dr.
Maple Plain, MN 55359
MetroPlains Larry Olson 65I-523-1246 651-646-8947 lolsoii_Gmetroplains.com Housing
1600 University Ave.,Suite 212 Mixed
SL Paul, MN 55104-3825 1
Moo en Development Company Bruce Mogren, 651-777-3600 651-777-5151 Housing
1801 Gervais Avenue President
Maplewood,MN 55109
s
>North American Properties Jay M. Scott 952-974-9200 952-974-9300 jay.scot _.naproperties.com Housing
18566 Bearpath Trail Mixed
Minneapolis, MN 55347
North American Communities Mike Pacillio (972) 866-9555 (972)387-8242
14990 Landmark Blvd.,Ste. 300
Dallas,TX 75240-6729
_OPUS John Meyers 952-656-4498
10350 Bren Road West tt'j Director of Real
Minnetonka, MN 55343 _ Estate Development
Pat Pellstring Pat PelIstring 612-792-4227 612-792-4236
1200 Osborne Road NE.
Fridley,MN 55432
Developer Resource Guide - Page 6
Developer/Addresa Contact Phaue ' Fax e
> Pope Associates Ion R. Pope 651-642-9200 651-642-1101 ipouenpopearch.com Architects
1255 Energy Park Drive President
St. Paul,MN 55108-5118
PSC Phillip S. Dommer 651-604-0937 651-636-8695 peudesiana..aol.com Housing
The Phillip Stevens Companies,Inc.
2845 Hamline Avenue North
Suite 222
Roseville, MN 55113
Quest Development,Inc. Bruce A. Pankonin 763-595-9511 763-595-9512
10700 Old County Road 15, Suite 150 Vice President-
Plymouth, MN 55441 Development
Real Estate Equities Terry Troy 651-227-6925
= 325 Cedar Street Suite 400
St.Paul,MN 55101
Robert Engstrom Companies Robert E. Engstrom 952-893-1001 952-893-1841 eng_stromreay.aol.com
f 4801 W. 811' St. 0101
Minneapolis, MN 55437
Ron Clark Homes Ron Clark 952-947-3022 957-947-3030 Housing
1 7500 W. 78`h Street Townhomes
Edina,MN 55439
Rottlund Homes Tim Whitten 651-638-0561 Housing
3065 Centre Pointe Drive 1 Richard Palmiter 651-638-0534
Roseville, MN 55113
Ryan Companies US, Inc. Kent M. Carlson 612-336-1217 612-337-5552 ken t.carlson@ryancompard Commercial
700Internationai Centre es.com Office
9000 Second Ave. South Retail
Minneapolis,MN 55402-2387
Developer Resource Guide - Page 7
) Developer/Address Contaet Phoue - Fag- • 'Type
Schafer Richardson Brad Schafer 612-359-5840 612-359-5858
420 N. 51h St., Ste. 530
Minneapolis, MN 55401
Shelter Corporation Jay Jensen 612-341-7810 612-332-8284 jay(c�sheltercorp.com Rental
900 Second Avenue South, Suite 800 Housing
Minneapolis, MN 55402
Sherman Associates,Inc. George Sherman 612-332-3000 612-332-9119 £eoMesherman@riversidepl Housing
1525 South 4'h Street, Suite 200 i aza•com Mixed Use
Minneapolis,MN 55454
Shingobee Builders Greg Hayes 763-479-1300
669 N. Medina St.
. Laretto, MN 55357
Sienna Corporation Rodney Hardy 952-835-2908 952-835-7008 rhardyQa,siennacorp•com
4940 Viking Drive,#/608
Edina, MN 55434
Springbrook Corporation Howard Kyllo 952-881-1800 952-884-8766 Real Estate
10640 Lyndale Ave. S. #6 Broker Pager 305-9501 Development
BIoomington, MN 55420 Res 898-4777 &Marketing
Springbrook Corporation Tom Murray 952-881-1800 952-884-8766 Real Estate
10640 Lyndale Ave. S. #6 cell: Development
' Bloomington,MN 55420 612-978-7260 &Marketing
Res:
952-884-5892
St. Croix Real Estate, Inc. Mary S. McNelllis 951-426-2277 651-426-3683 mmcnellis@aol.com Commerical
41 Evergreen Road Principal cell: Properties
St.Paul,MN 55110-1416 612-804-8604
Leasing&
Development
Developer Resource Guide - Page 8
Developer%Address ' Contaci< . Phone= _ Fax ;'I p3�
r
Stuart Management Stu Nolan 952-948-9500 Rental
1050 W. 801, St. x 501 Sousing
Minneapolis,MN 55420
Tobi Harris Tobi Harris
33 South Sixth Street, Suite 4100
Minneapolis,MN 55402
TOLD Gary Dreher 952-278-0114 612-278-7574 gdreher@toldmn.com Commercial
Development Company Vice President 612-963-9402 Office
6385 Old Shady Oak Road, Suite 12 Development (mobile) Retail
Eden Prairie,MN 55344 Housing
Tony Emmerich Construction John Jackeus 763-755-6554 763-755-6311
1875 Commercial Blvd.NW Building#1
Andover, NIN 55304
; Towle Real Estate James M.McCaffery,
Towel Building l CCIM
s 330 Second Ave. South Suite 800
Minneapolis,MN 55401
Twin Cities Housing Development Gary Handberg 651-292-1930 651-292-1930 Housing
I Corporation
Suite C
400 Selby Avenue
St. Paul MN 55102
United Properites Dale Glowa 952-893-8828 952-893-8804 dglow
3500 West 80th Street I ,uporoperties.com Commercial
i'
Office
Minneapolis, MIDI 55431
Retail
Weiss Builders } - Thomas Hartwell 612-243-5000 612-5010 TomHarhvell WeissBuild Commercial
I7645 Lyndale Ave. F 612-803-2460 ers.com
Richfield. MN 55423 (cPll)
Developer Resource Guide - Page 9
DeveloperfAddress Contact Phone - Fax _ ' ' =;.E-mail 'Type
Wellington Management,Inc. Stephen B. 651-292-9844 651-292-0072 sellington OwellingtonmK Development,
1625 Energy Park Drive .Wellington Jr. Direct: t.com Leasing&
St.Paul,MN 55108 _ President 651-999-5501 Property
Management
NAGenerallProject ManagemenAdev.resource.wpd
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I CITY OF ST. ANTHONY
2 CITY COUNCIL STUDY SESSION
3 August 14, 2001
4 I. CALL TO ORDER.
5 Mayor Cavanaugh called the meeting to order at 7:00 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of
8 Allegiance.
9 III. ROLL CALL.
10 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen,
11 = Horst and Hodson.
12 Councilmembers absent: None.
13 Also present: City Manager Michael Morrison.
• 14 IV. COMMUNITY FORUM.
15 Verna Woodridge, Kensington Homes, indicated she heard a rumor that the police and
16 fire department were going to be gone shut down. She questioned if this was true.
17 Mayor Cavanaugh indicated this was only a rumor and noted the Council would be
18 addressing these issues within the budget discussion at this meeting.
19
20 V. ACTION ITEMS.
21 A. Consent Agenda
22 Motion by Sparks to approve the Consent Agenda as presented. Said Consent Agenda
23 consisted of:
24 1. Licenses and Permits.
25 2. Claims.
26 3. Resolution 01-072 relating to deferment of Special Assessments for 2001 street
27 projects.
28 Motion carried unanimously.
is 29 B. Resolution 01-071
30 Mayor Cavanaugh'indicated he was extremely proud to see this item before the Council
31 for their approval. Rosemary Franzese, Suburban Hennepin Parks Commissioner, stated
32 she has been working on this item for two years with the Salvation Army to acquire this
City Council Study Session Minutes
August 14,2001
Page 2
1 property and was now seeking Council's consent.
2 Jeff Brauchle,Legal Counsel, stated there will be a closing on this site within 30 days.
3 He indicated environmental tests need to be completed before closing can occur. He
4 indicated this recreational site is an added bonus to the Suburban Hennepin Parks
5 District. He noted the added open space will be a treasure for all.
6 Councilmember Thuesen asked for a time line for this site to be at Met Council for
7 funding. Mr: Brauchle stated he is prepared to go forward with funding and will be
8 seeking reimbursement from Met Council.
9 Councilmember Hodson indicated he has heard numerous questions on when the site
10 would be open for visits. Mr. Brauchle stated the vision of the Park's District is to open
11 up this open space,but indicated this is uncertain as the master plan would need to be
12 completed before work could commence. He estimated nine months before the master
13 plan would be completed.
14 Councilmember Hodson questioned if Hennepin County has any other parks with joint
15 county residences, as this park will be, between Ramsey and Hennepin County. Mr.
16 Brauchle reviewed the numerous parks that are owned jointly between Hennepin County•
17 with Anoka, Carver, Ramsey, and Scott counties.
18 Councilmember Horst asked if there was any involvement with Ramsey County to date
19 and asked if the park would be on a no-fee basis. Ms. Franzese stated she has had no
20 dealings with Ramsey County to date. Mr. Brauchle indicated there would be no fees to
21 enter the park by bike or walking and noted the park would only be open from dawn until
22 dusk. He stated the only fee charged to park patrons would be a modest parking fee to
23 raise revenues to support park maintenance.
24 Mayor Cavanaugh noted he had no objection to the parking fee and stated he did not
25 want to get involved with setting fees with Ramsey County or Hennepin County. He
26 thanked the Salvation Army for their many years of being a good neighbor and stated he
27 was looking forward to many years of open space enjoyment at the new park.
28 Councilmember Thuesen thanked Douglas Bryant for his work on the acquisition of this
29 property.
30 Motion by Hodson to approve Resolution 01-071 granting the City of St. Anthony's
31 consent for the Suburban.Hennepin County Regional Park District's acquisition of the
32 Salvation Army Camp Property as presented.
33 Motion carried unanimous)
34 C. Consider Bid Award for Central Park Project
35 City Manager Morrison indicated Bob Kost and Carol Jindra were present to review this
City Council Study Session Minutes
• August 14, 2001
Page 3
1 item with the Council. Bob Kost, URS Corporation, indicated there was a bid opening
2 for Central Park on August 7, 2001 for a second time, after revisions were made to the
3 first bid. Mr. Kost noted the estimates were around$1,600,000 with Veit&.Company
4 coming in as the low bidder.
5 Mr. Kost indicated along with the park redevelopment, the City Hall would be receiving
6 an irrigation system at a fee of$28,100. He noted it is the Park Commission's
7 recommendation to approve the bid to Veit& Company.
8 Councilmember Horst stated $1,000,000 was originally budgeted for the park
9 redevelopment and asked if the $625,000 tax abatement would still be available. He
10 indicated his understanding was that this would be approximately half of the original
11 estimate. City Manager Mornson noted this was news to him as the City has an
12 agreement with the school district for these funds. He indicated he was under the
13 impression the school district would be providing these funds and noted he would need to
14 check with the school district on this item in conjunction with Springsted.
15 Councilmember Horst asked how the abatement funds worked. Mayor Cavanaugh stated
16 the school is on the hook for these funds as it is not TIF funding.
17 Councilmember Horst stated it was his understanding the $250,000 general fund reserves
18 were meant to be used as rainy day funds. He indicated additional funding from the
19 County was being lost and stated using these funds may not be the wisest decision at this
20 time.
21 Councilmember Sparks asked if there were contingent funds within the budget for rainy
22 day issues. Mayor Cavanaugh indicated the budget has approximately$900,000 in its
23 budget for overages within the budget.
24 Councilmember Horst indicated all available funds were being used from the water
25 filtration fund to fund the park and tha this was a high price for the City to pay. He
26 added that the City Manager identified these funds as spendable funds, which means it
27 can be removed from the fund without damaging the principal. City Manager Mornson
28 stated this was not a correct statement, as the original principle would not be touched and
29 that only interest would be taken from this fund to be used for the park improvements.
30 Councilmember Horst asked if there were other sources of money available for Central
31 Park. City Manager Mornson stated $1.2 million was put into the City Hall and$500,000
32 into the Silver Lake bridge project just recently, which makes additional funding sources
33 unavailable at this time.
34 Councilmember Horst stated, it was his opinion, if the Council moves forward with this
• 35 item the City would be spending down its reserves without any way of replenishing fhcm.
36 City Manager Mornson indicated the City has taken on numerous projects in the past
37 several years and stated future projects will be able to be taken on as funding allows. He
City Council Study Session Minutes
August 14,2001 •
Page 4
1 explained the City could always assume debt if additional funding was needed.
2 Councilmember Horst noted he was not in favor of spending all of the City's reserve .
3 funding on this one project as the City may need these funds in the near future. He
4 indicated the project should be pared down and still allow for a nice facility.
5 Councilmember Thuesen thanked Councilmember Horst for his comments, but stated
6 numerous compromises have been made on this site and stated he was pleased with the
7 results at this time.
8 Motion by Sparks to approve Resolution 01-071 awarding the bid for the redevelopment
9 of Central Park to Veit& Company in the amount of$1,689,862 as presented.
10 4-1 (Horst opposed) Motion carried
11 VI. REVIEW ITEMS
12 A. Review 2002 Budget and Tax Lew.
13 Mayor Cavanaugh introduced the 2002 Budget and Tax Levy. He handed out a copy of
14 the new state legislature policies. Mayor Cavanaugh reviewed the items that would
15 affect the City and local school districts. He indicated he is not aware of the affects it
16 will have on the school district as each City is unique.
17 Mayor Cavanaugh explained the real significance for the City of St. Anthony will be in
18 property tax relief, for all homes valued over$76,000. He noted this would continue
19 through 2004,which would affect the budgeting of the Council over the next several
20 years.
21 Mayor Cavanaugh indicated the legislature would phase out valuation so that in six years
22 all property owners would be paying the fair market price of their home. He noted the
23 legislature is eliminating HACA Funding in the amount of$350,000 which is a major
24 state aid cut for the City.
25 Mayor Cavanaugh noted levy limits have been placed on City governments to control
26 how much each City can spend. He indicated with less revenues coming in, this would
27 be difficult for each municipality. May-or-Cavanaugh noted there would be no truth in
28 taxation meetings this year either because of the late legislative sessions.
29 Mayor Cavanaugh indicated TIF funding has been greatly decreased which creates great
30 problems for future redevelopment of Apache Plaza. He stated the Council now has
31 severe restrictions on expenditures with the $350,000 cut from City revenues, which was .
32 roughly 10% of total revenues. Mayor Cavanaugh stated he feels'this is going to be a •
33 trend over the next several years.
34 Mayor Cavanaugh asked staff to review the budget and noted Council would not be
City Council Study Session Minutes
• August 14, 2001
Page 5
1 voting on this item until the next meeting. City Manager Mornson noted all department
2 heads were in attendance for questions. He explained there was still a large amount of
3 uncertainty within the budget, as revenue amounts are still coming in from the
4 Department of Revenue.
5 City Manager Mornson indicated the budget was incrementally increase for all services
6 offered in 2001 with no new services being proposed for 2002, as the property tax reform
7 would not allow for this. He noted staff recommends a budget in the amount of
8 $3,626,500 just$106,625 over the 2001 budget.
9 City Manager Mornson indicated no additional staff would be added at this time and he
10 reviewed all other items that would be eliminated or reduced over 2002. He noted he is
11 proposing a 3% increase in staff's income for 2002.
12 City Manager Mornson noted the City is limited to 10%of a tax levy per year at this
13 time. He stated that because HACA has been taken away from the cities a one time
14 increased tax levy is being allowed by the State. City Manager Mornson explained
15 property owners are to see a decrease in property taxes over 2002 but noted after 2002,
16 there is a greater level of uncertainty.
17 Councilmember Sparks asked why there was such uncertainty in 2003. City Manager
18 Mornson noted it was his.understanding that the State would not be paying local portions
19 of referendums so residents of the community would be responsible for 100% of
20 referendums. He indicated this would greatly affect local property taxes.
21 City Manager Mornson indicated he feels numerous cities are going to gain negative
22 press for the increase in the tax levy even though revenues have been decreased. He
23 reviewed the fire, police, utility, park and city.hall budgets for 2002. City Manager
24 Mornson reviewed several options for the Council to use current cash available to pay for
25 capital projects in 2002. He indicated this decision does not have to made at this time,
26 but noted this money could be made available for future projects.
27 City Manager Mornson stated the future of the Stonehouse would need to be made. He
28 reviewed a letter from the Finance Director with regard to Truth in Taxation hearings.
29 City Manager Mornson stated it was the wishes of the Mayor to hold.some form of a
30 public hearing for the public to review the budget and make comments.
31 City Manager Mornson noted August 28'would be the next budget meeting. He then
32 reviewed the goals of the City staff for 2001 and noted they were on track. City Manager
33 Morrison reviewed the General Fund Budget amount for 2002 being $3,626,500 a 3.03%
34 increase over 2001, with the Tax Levy of$2,202,354, a 24.89% increase.
• 35 City Manager Mornson reviewed the decreases in intergovernmental revenues and doted
36 how expenditures were panning out for 2002. He stated roughly 61% of the General
37 Fund revenues were from the tax levy with police taking roughly 29.4% of the
City Council Study Session Minutes
August 14, 2001 •
Page 6
1 expenditures. City Manager Mornson compared the revenues from 2001 with regard to
2 funds available for 2002. He indicated the expenditures between the two years were
3 relatively the same. City Manager Momson broke down the levy limit calculations for
4 2002. He noted there was a$438,879 increase over last year.
5 Councilmember Hodson thanked staff for their work on this year's budget and noted the
6 difficulty staff had with meeting new State requirements. He cautioned the City from
7 cutting any current services as residents have come to expect a high level of service from
8 the police, fire, etc.
9 Councilmember Horst noted he was pleased with staff s ability to balance this budget
10 with all the changes mandated by the State. He indicated all services key to operate the
11 City were being maintained at the same level and explained he would be against limiting
12 any of these services.
13 Councilmember.Sparks questioned if public works was adequately funded. She stated
14 the City's ability to manage the turf and holding ponds within the City could be a concern
15 with the proposed redevelopment of Central Park on a limited 2002 budget.
16 Councilmember Sparks reviewed several pictures of holding ponds throughout the City
17 that are unsightly. She questioned if the 202 budget addressed the increase in public 0.
18 works services that would be needed for Central Park. City Manager Mornson stated an
19 irrigation system would be installed at Central Park to assist in the maintenance of the
20 green space. He noted the holding ponds are a work in progress and noted seven or eight
21 holding ponds have been addedg to the City within the last few years which has increased
22 the public works responsibilities.
23 Councilmember Sparks reviewed the items kept out of the budget for 2002 and asked
24 why $80,000 was cut from the public works department. City Manager Mornson noted
25 each department was asked to make cuts and this was their determination.
26 Councilmember Hodson stated Central Park will be under construction next year which
27 will allow for the public works department to focus on blighted sites within the City
28 before taking on the maintenance of Central Park in early 2003.
29 Councilmember Thuesen stated all yards throughout the City are dry this year with weeds
30 flourishing. He indicated with an irrigation system at Central Park he feels blighted
31 parcels will be a non-issue. Councilmember Thuesen stated this may not be a funding
32 issue, but rather a method or policy on maintenance that the public works could review.
33 Mayor Cavanaugh noted he felt this budget should have been dead on arrival and noted
34 he does not take lightly to cutting reserve funding. He indicated the budget is not
35 balanced at this time and is up roughly 7%, with the use of reserve funds to cover
36 increased expenditures. Mayor Cavanaugh stated he felt the increase in the budget
37 should be 0%. He stated the 25% tax levy increase does not meet his approval and noted
City Council Study Session Minutes
August 14, 2001
Page 7
1 he would not be in favor of approving the budget as submitted.
2 Councilmember Thuesen stated the City would be playing the shell game with the State
3 as funding has been taken from the City and given to the State. He noted all programs
4 need to continue as is and noted the budget was only increasing 3%overall.
5 Mayor Cavanaugh stated the residents would be affected the most by this levy to
6 maintain the same level of services. He indicated the fire department budget has not been
7 fully addressed with this budget with new State requirements. He explained the model
8 has been broken because the typical sources of revenues have been altered and are now
9 expected to be collected from the residents. Mayor Cavanaugh indicated he felt there
10 should be no more than a 10% levy and noted he feels the Council may.have to review
11 how they provide services.
12 Mayor Cavanaugh indicated the City would not thrive in the future with no surplus
13 funding left after the years' end. He explained the City would not be able to build
14 reserves if this is the case. Mayor Cavanaugh advised staff to revise this budget and
15 report back to the Council.
16. Councilmember Hodson noted he disagreed with the Mayor's comments and noted each
17 City is having difficulty with the regulations this year.and stated he does not want to see
18 services cut from the budget. He indicated he understood that services would not be
19 added, but stated in the future other funding sources could be sought to build reserves and
20 to increase services provided to the residents.
21 Mayor Cavanaugh questioned why the $112,000 in budget reserves was being used at an
22 administrative level. He indicated he felt the use of these funds was not allowable as
23 future needs may require these funds. City Manager Morrison stated this fund was
24 created from surpluses in administrative funding. He indicated these funds are being used
25 to assist in expenditures and noted the tax levy at 25%would be a one time high to help
26 the City adjust for the loss of HACA and LGA State Aid Funding.
27 Councilmember Thuesen stated he feels this budget was reasonable and stated he felt the
28 services provided would be similar to 2001 with only a minor incremental increase.
29 Mayor Cavanaugh stated he felt the increase was outrageous and he noted he would not
30 support it at this time. He explained he felt the Council could do better for the residents.
31 Mayor Cavanaugh noted the City has residents on fixed incomes that would not be able
32 to handle the sizeable increase. He indicated he felt the staffing of the City needs to be
33 addressed.
34 Councilmember Thuesen stated he feels staff is providing high quality services to the
35 residents at this time and noted a cut in their fees would not-increase their level of
36 service. He indicated he did not like the Mayor questioning staff's level of efficiency"'for
37 the funding they are provided.
City Council Study Session Minutes
August 14, 2001 •
Page 8
1 Councilmember Sparks questioned if the'$112,000 budget reserves could not be used for
2 2002. City Manager Morrison stated he feels it is in the best interest of the City's to use
3 these funds to prevent cuts in other areas such as personnel. He indicated if the Council
4 is against using these funds;they could advise staff to redraft the budget and.report back.
5 Mayor Cavanaugh stated he would be in favor of not using the $112,000 along with
6 providing additional cuts in the budget to reduce the tax.levy.
7 Councilmember Thuesen and Councilmember Hodson stated they would not be in favor
8 of this suggestion as they would like to see the same level of services maintained for the
9 residents.
10 Councilmember Sparks noted the residents would not be able to truly see the changes in
11 the budget until next year,which makes this budgeting cycle very difficult. She
12 indicated she would be willing to pass this budget as is to maintain the same level of
13 services, but noted she was leery of the residents' response.
14 Mayor Cavanaugh noted a change in residential tax rates from 30% to 38% should make
15 the residents stand up and take notice. He indicated he wants to see the budget revised
16 but noted there was not support from the Council at this time.
17 VII. INFORMATION AND ANNOUNCEMENTS.
18 City Manager Morrison noted the Minneapolis Fire Department has submitted a proposal
19 to provide services to the City of St. Anthony as early as January 1, 2002. He noted the
20 fire union opposes this change, but asked that the Council allow the Minneapolis Fire
21 Department to present their proposal at the Council's next meeting.
22 City Manager Momson recommended a firm provide the City with an independent
23 summary of the services that could be provided by the City of Minneapolis versus the
24 current services. He explained this would allow the Council to compare the two in an
25 unbiased manner. City Manager Momson indicated this item was-not solicited but
26 brought to the City from the Minneapolis Fire Department.
27 Mayor Cavanaugh asked for the wishes of the Council.
28 Councilmember Horst noted he does not want to hear from the Minneapolis Fire
29 Department. He stated the residents are willing to pay extra for quality services and
30 indicated he would not be in favor of switching from the current arrangement.
31 Councilmember Sparks asked for the wishes of staff. City Manager Momson stated this
32 item could be heard without,an independent survey completed. Councilmember Hodson
33 and Councilmember Thuesen concurred with this suggestion:
34 The Council agreed to hear the proposal knowing full well this was not the wishes of the
35 Council at this time.
City Council Study Session Minutes
® August 14; 2001
Page 9
1 Councilmember Thuesen asked that staff provide the Council with rough numbers on the
2 tax savings from the State next year with the_proposed City increases. City Manager
3 Mornson noted he could provide the Council with some preliminary numbers.
4 City Manager Mornson indicated there would be a joint meeting with the Council and
5 School Board to discuss building needs on Monday,.October 29, 2001 at 7:00 p.m. He
6 noted funding.needs would also be discussed.
7 City Manager Mornson noted a community survey was discussed at a goals'session
8 between staff. He indicated the last City survey was done in 1998 and noted there would
9 be funding available in the cable fund to cover the expense. He asked that the Council
10 review the previous survey and come up with questions that should be addressed.
11 The Council advised staff to move forward with the survey and place this item on the.
12 next meetings agenda.
13 XIII. ADJOURNMENT.
14 Motion by Thuesen to adjourn the meeting at 9:28'p.m..
15 - , Motion carried unanimously.
16 Respectfully submitted,
17 Heidi Guenther
18 TimeSaver Off Site Secretarial,Inc.
19
20 Mayor-
21 ATTEST:
22. City Clerk
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 August 28, 2001
a I. CALL TO ORDER.
5 Mayor Cavanaugh called the meeting to order at 7:02 p.m.
6 II. PLEDGE OF ALLEGIANCE.
7 Mayor Cavanaugh invited the Council and the audience to join in the Pledge of Allegiance.
8 III. ROLL CALL.
9 Councilmembers present: Mayor Cavanaugh; Councilmembers Sparks, Thuesen, Horst
to and Hodson.
11 Councilmembers absent: None.
12 Also present: City Manager Mike Morrison; City Attorney Jerry Gilligan.
13 IV. APPROVAL OF AUGUST 28,2001 CITY COUNCIL REGULAR MEETING AGENDA.
14 Motion by Hodson to approve the August 28, 2001 City Council Regular Meeting Agenda.
• 15 Motion carried unanimously.
16 V. PROCLAMATIONS AND RECOGNITIONS.
17 None.
18 VI. COMMUNITY FORUM.
19 Mayor Cavanaugh invited residents in the audience to speak to the Council on items that are not on the
20 regular agenda.
21 Resident Steven Poole, of 270129" Avenue Northeast, came forward and presented a few photos to
22 the Council of some of the work that has been done on his property. He expressed his sincere
23 unhappiness with the work.
24 Mr. Poole indicated that the construction company has decided to take a jackhammer to the driveway
25 a second time and then re-pour it. He stated the sod that was laid was atrocious, and very
26 unprofessionally done. Mr. Poole added that the job was getting done, but at a very slow-pace which
27 had him frustrated.
28 Todd Hubmer, WSB, stated that they were aware of Mr. Poole's concerns, and are taking the
29 necessary steps to repair the damage incurred by the landscaping company. He added that other_
30 residents in Mr. Poole's neighborhood have issues with their sod, and indicated that next spring they
31 will be laying new sod at which time the project is anticipated to be complete.
City Council Regular Meeting Minutes
August 28, 2001
Page 2 •
t Mayor Cavanaugh urged Mr. Hubmer to continue working on the project until it is satisfactorily
2 completed.
3 VII. CONSENT AGENDA.
4 Councilmember Horst made reference to several errors in the Study Session minutes, and requested the
5 following revisions:
6 Page 1, line 31: "Hennepin County Parks Commissioner"to read, "Suburban Hennepin Parks
7 Commissioner"and corrected throughout the minutes.
8 Page 3, line 8: change "$1,600,000"to read, "$1,000,000".
9 Page 3, line 24: "everything was being taken out..." to read, "all available funds were being used from
10 the water filtration fund to fund the park and that this was too high a price for the City to pay. He
11 added that the City Manager identified these funds as spendable funds, which means it can be removed
12 from the fund without damaging the principal."
13 Page 9, lines 1 through 4 to be struck from the minutes.
14 Mayor Cavanaugh requested that the August 14, 2001 City Council Study Session Minutes be
15 removed from the Consent Agenda.
16 Motion by Thuesen to approve the Consent Agenda. Said Consent Agenda consisted of:
17 1. Council Regular Meeting Minutes-July 24, 2001; and •
18 3. Licenses/Permits; and Claims.
19 Motion carried unanimously.
20 VIII. PUBLIC HEARINGS.
21 None.
22 IX. REPORTS FROM COMMISSION AND STAFF.
23 A. Planning Commission - Auizust 21, 2001.
24 1. Resolution 01-076, re: Shaw, Side Yard Variance, 2835 Roosevelt Street.
25 Planning Commissioner Hanson reviewed the details of the variance request with the Council,
26 and mentioned that the Shaws were present to answer any questions.
27 Commissioner Hanson stated some of the reasons for which the Shaws were requesting the
28 variance are that-the home is surrounded on three sides by a street, remaining in the home into
29 retirement, location near a local church, and other parking issues.
30 Commissioner Hanson indicated that the Planning Commission acknowledged their desir�
31 residents to improve the housing stock in the City of St. Anthony, which played a role in
32 decision to approve the variance request.
City Council Regular Meeting Minutes
August 28, 2001
;• Page 3
1 Councilmember Horst stated it appeared as though Mr. Shaw was able to use a smaller plan, if
2 necessary, and asked if the resolution before them reflected the smaller plan. Mr. Shaw
3 indicated that the resolution before them did not reflect the smaller plan,but he could reduce the
4 plans to a twenty-foot front.
5 Considering the age of the home and the numerous other homes in the City that were built
6 similarly and around the same time, Councilmember Thuesen asked Commissioner Hanson if he
7 thought that the Planning Commission would see several more variance requests of this nature.
8 Commissioner Hanson indicated that he thought they probably would see more residents
9 wanting to add a second garage.
to Motion by Sparks to adopt Resolution 01-076, re: Shaw Side Yard Variance for 2835
11 Roosevelt Street.
12 Motion carried unanimously.
13 B. General en ing eering_projects update (Todd Hubmer, WSB & Associates Inc., will be present).
14 Todd Hubmer came forward to update the Council. He referred to the twenty-one applicants they had
• 15 received for the City's Flood Relief Grant Program for 2001. He indicated that nine of those applicants
16 were approved for participation in the program. Mr. Hubmer stated that they would be working with
17 each resident and their contractors to meet the completion date of December 31, 2001.
18 Councilmember Thuesen asked for a couple of examples of some of the projects that they are working
19 on. Mr. Hubmer indicated that there have been several cases of backyard drainage swells between
20 homes which has seeped into foundations, windows and homes. He indicated that the applications for
21 the 2002 program would be available next March.
22 Mr. Hubmer reviewed the project that was happening on the 29`h Avenue Street re-construction. He
23 indicated that the project consisted of repairing/replacing sod and driveways that were damaged during
24 construction. He indicated that new signs were in the process of being made for the entire corridor.
25 He stated that the project was essentially complete'as it sits today.
26 Councilmember Sparks asked if there would be a crosswalk from Crestview to the park. Mr. Hubmer
27 indicated that there would be a stamped concrete crosswalk at Crestview to the south side.
28 Mr. Hubmer continued that the 2001 street re-construction project was moving along well. He
29 referred to a few of the projects that were taking place throughout the City, and their current status.
• 30 Mr. Hubmer referenced the pond construction and said that it was progressing. He stated that they
31 expected the excavation work to be completed within the next couple of weeks. He added that tree
32 planting in portions of the pond began today and would continue throughout the month of September.
City Council Regular Meeting Minutes
August 28, 2001
Page 4 •
1 Councilmember Thuesen referred back to the re-construction project on 29`h Avenue Street and asked
2 if there were different qualities of sod available. Mr. Hubmer said that he was unaware that there were
3 different qualities of sod.
4 Councilmember Thuesen asked about the black dirt that is being placed under the sod. Mr. Hubmer
5 stated that they have requested that at least four inches of topsoil be placed before the sod is laid down.
6 Councilmember Sparks echoed Councilmember Thuesen's concerns of poor quality topsoil. Mr.
7 Hubmer reviewed the one-year warranty that they have with the landscaping company, which has the
8 landscaping company returning to replace the sod next spring.
9 Mr. Hubmer continued with an update on the 2002 Street Re-construction.Feasibility Study. He
10 indicated that there would be discussion concerning the under-grounding of the private utilities, cable
11 television, electrical and telephone services and what the associated costs would be.
12 Mr. Hubmer reviewed the status of the Well-Head Protection Plan. He indicated it has been.mandated
13 by the State of Minnesota for the City of St. Anthony to be completed. He added that there should not
14 be a tremendous amount of costs for the City regarding the Plan under phase one, as Ramsey County
15 wants to complete most of the work for the City of St. Anthony.
16 Mr. Hubmer referred to the plans for construction of Silver Point Park. He indicated that they are
17 addressing the concerns they had last year with hockey and other draining issues and would be
18 presenting a preliminary grading plan to the Parks Commission at their next meeting. Mr. Hubmer
19 stated that they would hope to put the proposal out for bid to be brought back to the City Council by
20 October for their consideration.
21 Mr. Hubmer stated that they are revising some of the information contained in the Sanitary Sewer
22 Education Program. He added that they anticipate the next area of education to be from 29'Avenue
23 to 35'Avenue and from Stinson Boulevard to Silver Lake Road. He added that the Program would
24 be looking at sump-pump removal and drain tile removal.
25 Councilmember Thuesen referred to televising of part of the sanitary system and some of the sanitary
26 sewer back-up problems that they had this past-spring. Mr. Hubmer indicated that they reviewed the
27 televised data with the League of Minnesota Cities and said that it did not show that there was any
28 blockage in the line, nor were there maintenance issues that could cause the sort of back-ups that
29 occurred.
30 Mr. Hubmer added that it was high run-off events, or storm events where they were getting those
31 back-ups, and indicated that the system was not designed to handle those types of run-off events..
32 C. Presentation of Minneapolis proposal for fire services to St. Anthony (Minneapolis Fire Chief
33 will be present).
City Council Regular Meeting Minutes
August 28, 2001
'. .• Page 5
1 Minneapolis Fire Chief Forte introduced the staff that accompanied him this evening. He indicated tha
2 he was present to share a concept that has the City of Minneapolis providing fire protection for the City
3 of St. Anthony.
4 Fire Chief Forte explained that the City of Minneapolis is faced with budget cuts and it was felt that
5 having the Minneapolis Fire Department service to St. Anthony could be of benefit to both
6 communities.
7 Fire Chief Forte continued that the concept suggested that Minneapolis provide the service out of
8 Station 15, which is approximately one and a half minutes from St. Anthony's city limits. He added the
9 there has been talk.about closing Station 15 due to low number of calls.
10 Fire Chief Forte indicated that the cost to the city would be $400,000 annually for three years and
11 could possibly add another two years for a total of five years for$400,000 per year. For future years,
12 increases would be based on salary and benefit adjustments from the union contracts.
13 Fire Chief Forte stated that if the City of Minneapolis were to provide fire services for the City of St.
14 Anthony, it would save the City of St. Anthony about $150,0004200,000 per year. He continued
15 that the City of St. Anthony would also be able to decide what to do with the fire equipment and fire
16 station.
17 Fire Chief Forte indicated that the City of Minneapolis Fire Department has one of the best response
Is times in the country, averaging three and a half minutes. He estimated that the average response time
19 for the City of St. Anthony, under the service of Minneapolis, would be a four to eight minute response
20 time.
21 Fire Chief Forte added that the City of Minneapolis could provide the City of St. Anthony with more
22 resources. He exemplified this by detailing the number of firefighters that arrive at the scene of the
23 various fire alarms.
24 Fire Chief Forte stated that the City of St. Anthony and Northeast Minneapolis have the worst
25 ambulance response time in the County. He added that if they combined services he would look at re-
26 constructing Station 15, and add an ambulance-bay.
27 Councilmember Horst asked if St. Anthony would be the first to combine forces like this. Chief
28 indicated that they would be the first.
29 Councilmember Horst asked if the concept presented this evening would be a benefit to them, or simpl
• 30 a loss of their services. Fire Chief Forte indicated he felt the only negative was that they would lose or
31 minute on response time, but the rest of the concept was to their advantage.
32 Fire Chief Forte reiterated that he had a great deal of respect for the firefighters of the City of St.
33 Anthony.
City Council Regular Meeting Minutes
August 28,2001
Page 6 •
1 Councilmember Horst referred to the flyer that stated "What if you dialed 911 and no one came?" He
2 asked where the loyalties would lie between the two cities. Fire Chief Forte stated that was one of the
3 reasons that they have initiated mutual aid. He added that the cities of Minneapolis and St. Anthony
4 would be prioritized as one community.
5 Councilmember Horst referred to the union requirement that required more riders on the Fire Trucks
6 that they currently have. Fire Chief Forte stated that they could certainly meet those needs for the City
7 of St. Anthony.
8 Councilmember Sparks asked about the rumors that the Johnson Street Station would close if the
9 agreement did not go through. Fire Chief Forte indicated that was only a rumor and the Johnson Street
10 Station would not close.
11 Councilmember Thuesen referred to ambulatory response time in the City of St. Anthony being slower
12 than others, and asked if they would give them the ambulance bay regardless of the decision to combing
13 services. Fire Chief Forte indicated that there was no room to add on to the existing fire station at this
14 time right now, but additional funds would make enhancing that station possible.
15 Councilmember Thuesen asked if he had the authority to put an ambulance bay in anyway. Fire Of
16 Forte stated he was not in control of that, but an increase in his budget would help him use his in nc.
1 to get Hennepin County into the area and, hopefully, get the ambulance bay addition.
18
19 Councilmember Hodson referred to the response time, and stated he found the statistics difficult to
20 believe. Fire Chief Forte stated that the average range of four to eight minutes depended on how near
21 or far a residence was from the station.
22 Councilmember Hodson mentioned how critical those first three minutes can be in saving a life.
` 23 Councilmember Sparks referred to a some research she had done that discussed a"five minute point of
24 flash over," and.asked for clarification of what that was. Fire Chief Forte stated that it.meant a fire
25 could begin spreading to the contents of a room within five minutes. .
26 Councilmember Sparks added that nine minute response times in the City of Minneapolis are scary.
27 Fire Chief Forte stated that the nine minute response time was the extreme, and once any community's
28 resources are overwhelmed by multiple fire alarms, the response time goes up. However, he added
29 that their average response time is three and a half minutes.
30 Councilmember Thuesen indicated that he would like to see Fire Chief Hewitt respond to the issue of
31 house fires on opposite sides of town, and how they would be addressed.
32 Fire Chief Hewitt indicated that the fire department in St. Anthony belong to various mutual aid group:
33 for response. He stated that, essentially, if they do not have the resources they call out to their other
34 mutual aid groups.
City Council Regular Meeting Minutes
August 28, 2001
_® Page 7
1 Mayor Cavanaugh referred to the three year relationship, and asked if Fire Chief Forte had checked
2 into the possibility of a permanent relationship. Fire Chief Forte stated that the concept of joining
3 services had not yet been discussed with their Mayor, therefore, he had not examined the possibility of
4 an eternal relationship.
5 Mayor Cavanaugh stated they are talking about a very small part of the issue for the City of St.
6 Anthony. He continued that fires are not their main call and seventy-five percent of all calls are non-fr
7 calls.
8 Mayor Cavanaugh stated that Hennepin County trucks come with paramedics who can do more than
9 Emergency Medical Technicians (EMTs). He added that the City of St. Anthony was concerned with
10 the EMT response, and the residents felt that the local fire department exceeded their needs.
1 t Fire Chief Forte indicated that the City of St. Anthony, if it remains independent, has a one minute
12 better response for all emergencies.
13 Mayor Cavanaugh stated that the additional minute response time, should they decide to join forces,
14 was very critical to the residents. _
• 15 Councilmember Thuesen stated that the are not here to discuss ambulance service this evening. He
Y g
16 asked what it has to do with the decision to join forces with the City of Minneapolis. Mayor
17 Cavanaugh indicated that Councilmember Thuesen was the initiator of the issue.
18
19 Councilmember Thuesen added that he felt Mayor Cavanaugh was making ambulance service an issue
20 in order to get the residents to approve the concept of joining services. He added that he felt the
21 ambulance service issue was entirely separate.
22 Resident John Mondati, 3420 Highcrest Road, stated that a friend passed away a year ago because
23 they did not get a quick enough response from the City of Minneapolis. He stated that he thought the
24 City of St. Anthony Fire Department deserves to be protected, as they are valuable people.
25 A Resident asked where the new station would be. Fire Chief stated that was to be determined.
26 A former resident of Minneapolis referred to the slow response times she received from the City of
27 Minneapolis. She wondered why they do not collectively have an ambulance with paramedics in St.
28 Anthony where they have the space to house a holding garage versus Johnson Street which is so
29 crammed. Fire Chief Forte concurred that the Johnson Street Fire House could not house a holding
30 garage.
31 Resident Diana Roadfeldt, 2924 Rankin, asked why the City of St. Anthony could not offer the City of
32 Minneapolis some services. She continued that would allow the City of Minneapolis to sell the statior
33 on Johnson Street and build a new station in the City of St. Anthony. Ms. Roadfeldt indicated that the
City Council Regular Meeting Minutes
August 28, 2001
Page 8 • �I
1 Fire Department is precious to their community,personal friends to many residents, and she did not
2 want to lose them.
3 Resident George Zahhos stated he served on the Council in 1959 and 1960. He stated if the Council
4 votes to do combine services, they would be doing a disservice to the community. He praised the
5 successes of the Fire Department for the trips that they have made to his home and the lives they have
6 saved.
7 Mr. Zahhos continued that he did not understand why the merits of their Fire Department were in
8 question at all, and pleaded with the Council that they follow the wishes of the constituents and vote
9 against the concept.
10 A Resident asked if the City of St. Anthony had the same issue under consideration with the City of
11 Lauderdale years ago..7 He asked that the City Council do their homework before proceeding.
12 A Resident asked about the current response time in the City of St. Anthony. Councilmember Sparks
13 responded that it was two minutes, forty seconds.
14 A Resident requested more information regarding-response times. Fire Chief Forte stated that ulc
15 only respond for the City of Minneapolis.
16 Walter Hildebrandt, M.D., made reference to the remarkably quick medical response time in St.
17 Anthony. He asked why they would want to consider losing such an invaluable asset to their
18 community.
19 A Resident stated she had a recent injury where the St. Anthony medical team and Fire Department
20 responded in less than three minutes. She stated that the Emergency Medical Team took twenty-five
21 minutes.
22 Mayor Cavanaugh dismissed Fire Chief Forte-and staff and.called upon City of St. Anthony Fire Chief
23 Hewitt.
24 Fire Chief Hewitt provided a history of himself to the Council. He stated that he has been in the fire
25 service field for twenty-five years and the thirty men and women who are on his staff today are the
26 finest he has ever had the privilege to work with.
27
28 Fire Chief Hewitt discussed the Emergency Services (EMS) that they provide. He indicated that the
29 Paramedic Service is provided by the Hennepin County Medical Center. He stated that a paramedic
30 is at the top of their line, and the nearest thing to a doctor.
31 Fire EMS:
32 16 EMTs and 14 First Responders
City Council Regular Meeting Minutes
August 28, 2001
.• Page 9
1 • Trained in EMS, CPR, cardiac arrest management, vehicle extrication, airway
2 management,technical rescue, ice and water rescue.
3 • SAFD are the First-Responders to the community.
4 • HCMC ambulance provides paramedic and transport services.
5
6 Fire Chief Hewitt indicated that Fire Fighters are the first to come to the scene of an emergency. The
7 average response time is two minutes and 40 seconds.
8
9 Fire EMS:
10 • Firefighters supplement HCMC on critical care incidents.
I 1 • HCMC ambulance responds to all SAFD medical responses.
12 • Paramedics have the ability to provide drug therapy.
13 • 681 medical incidents in 2000- 72.6&of them were emergency medical events.
14
15 NFPA(National Fire Protection Agency) 1720:
16 • Adopted May 2001.
17 • Is a deployment standard.
18 • Is not a mandate.
• 19 • Applies to volunteer departments, paid per call departments, combination
20 departments of career and paid per call, such as the Fire Department in the City
21 of St. Anthony.
22 • Final document has yet to be published.
23 • Four trained firefighters shall assemble on the scene before initiating as interior
24 structure attack.
25 • Once assembled, operations shall begin within two minutes, 90%of the time.
26
27 O.S.H.A 2 In/Out- This is a mandate.
28 • Four firefighters have to assemble on the scene prior to beginning as interior
29 attack.
30 • Two of the four have to remain outside as a rescue crew for the two that go in.
31
32 Fire Chief Hewitt indicated that the only time that O.S.H.A 2 in/out can be violated is when they are
33 told that there is someone in the house and needs immediate rescue, or if the fire is in its incipient stag,
34 Supplemental Firefighters:
35 • Public Works are not FF 1 (Firefighter 10 1) trained except for two who have
36 been trained from other fire departments.
37 • Untrained Public Works personnel who do not have FF1 cannot be used as a
• 38 firefighter. -
39 i
40 Supplemental Firefighters:
41 • Proposal would cost approximately$75,000 the first year and $37,000 each
42 year after.
City Council Regular Meeting Minutes
August 28, 2001
. Page 10 •
1 • The current firefighters receive no compensation for attending FF1 training.
2 • Our current firefighters do not receive compensation for just being available. -
3 • Current department training budget was $4,500.
4 • They have hired four recruits since April who are available during the day.
5 • They have mutual aid agreements with the surrounding communities.
6 • Columbia Heights and Fridley are available to respond automatically to
7 confirmed working structure fires.
8 • They are currently working with the City Manager to provide city employees to
9 become day firefighters.
10 Mayor Cavanaugh asked if they would abandon Public Works volunteer option for now. Fire Chief
11 Hewitt said that was true.
12 Mayor Cavanaugh asked about the condition of the firehouse.
13 A Resident stated that members of the community were here to speak, not listen to the status of the
14 firehouse and statistics provided by Fire Chief Hewitt.
15 Mayor Cavanaugh interjected that he brought up a-good point, but they never anticipated this
16 turnout when the Fire Chief for the City of Minneapolis agreed to come tonight. He continued b
17 saying that he wanted to hear about the condition of the firehouse because it is a concern for the
18 community. Mayor Cavanaugh added that he was aware of the majority's disposition, and he would
19 return the subject back to the Council shortly.
20 Fire Chief Hewitt advised that the state of the firehouse was poor. He indicated that there are two
21 firefighters who live there full time. He cited several reasons for which the firehouse needed dire
22 attention: small and dysfunctional, gear is stored near the diesel fumes (not O.S.H.A compliant), air
23 quality is terrible, carpet is bug infested, sewer backs up in the shower.
24 Mayor Cavanaugh stated that reports from several engineers who have examined the firehouse echoed
25 the same technical concerns that Fire Chief Hewitt referenced.
26 Mayor Cavanaugh asked if there was any desire on behalf of the Council to pursue any further the
27 subject of joining services with the City of Minneapolis.
28 Councilmember Hodson thanked the residents for their presence and their comments, and stated that
29 he did not feel the need to continue any pursuit.
30 Councilmember Horst stated that he did not know of any other Fire Department that does the s
31 type of work as the Fire Department in the City of St. Anthony. He added that discussing the F
32 Department is just the"tip of the iceberg," and the Police Department and the Public Works
33 Department were next.
City Council Regular Meeting Minutes
August 28, 2001
._:• Page 11
1 Councilmember Thuesen stated that he was pleased that the proposal came up this evening and that the
2 Mayor added "fuel to the fire." He added that he was happy to hear the community voice their
3 support, and asked the audience if they would be around to support them with the necessary tools to
4 keep their Class A Fire Department.
5 Mayor Cavanaugh declared that joining services with the City of Minneapolis proposal was dead. He
6 stated that there appeared to be a willingness on the part of the community to invest in the
7 infrastructure. He added that he felt it was past time to put in a referendum and approve new buildings
8 for the City employees who are truly dedicated and hard-working.
9
10 Mayor Cavanaugh asked for residents to comment on their feelings regarding the proposed fire
11 services.
12 Resident John Delmonico stated that a few of his neighbors had heard rumors that the Mayor wanted tc
13 join Police Forces with New Brighton. Mayor Cavanaugh explained that would not be happening.
14 A Resident stated that the Council needed to review the changes in tax laws and the various impacts
15 that it will have on the residents of the City of St. Anthony.
• 16 Mike Stockstead, President of Minnesota Professional Firefighters, stated he was there to be the voice
17 of firefighters and stated that the Council's concern over the medical aspect of this proposal was
18 forward thinking and he applauded them. He continued that a new law allows them to have paramedic
19 staffed versus EMT staffed rigs. Mr. Stockstead implored the Council to continue thinking that way.
20 A Resident asked if it was possible to combine the Fire Department and the Public Works Department
21 on the Foss Road property. Councilmember Horst stated that it has been discussed.
22 A Resident stated he wanted to admonish the Council for not prioritizing better. He believes that lives
23 are more important than city parks.
24 Dan McNulty, former resident who served on the Fire Department in St. Anthony, stated that
25 surrounding areas are amazed by the internal structure of the Fire Department of the City. He warned
26 them not to put all of their money into equipment, but in their personnel and their pensions. He
27 suggested that they work to retain the Public Works people and give them some incentive to stay.
28 A Resident commended the Council for their work. She stated that she was concerned that the City
29 not attempt to do everything at once in light of the changes in the tax laws. She urged some restraint o
30 the part of the Council
• 31 Another Resident voiced her frustration regarding the tax returns. She stated that the schools and the
32 cities will need that money back, and hoped that residents would understand and support them.
City Council Regular Meeting Minutes
August 28, 2001
Page 12 •
1 Dr. Walter Hildebrandt, another St. Anthony resident, stated that their first priority was with medical
2 attention, and hoped that the community would support when they asked for it.
3 Resident Clarence Ranallo, President of the Kenzie Terrace Association, stated that he was urged by
4 the residents of Kenzie Terrace to come forward to request that the Council deny the proposal from the
5 City of Minneapolis. He added that he was pleased that they did just that.
6
7 Mr. Ranallo stated that the community has lost so much already, and they do not want to lose the Fire
8 Department. He identified other examples that had residents asking questions regarding TIF funds, and
9 an electronic sign.
10 Mayor Cavanaugh defended the actions of the Council stating that they are following a pattern that was
11 set down with acquiring the homes on Kenzie. He added that they cannot get everything done at once,
12 but if they do not startthese things, it would come back at them later.
13 Mayor Cavanaugh asked the Council if they wanted to do anything on the Firehouse.
14 Councilmember Horst stated he felt that a new firehouse was a future need.
15 Councilmember Thuesen su gg ested that they discuss the next step with the issues surrounding Aire
16 Department at the next City Council Study Session.
17 Councilmember Hodson stated that he would like to examine the costs and time line associated with th,
18 Firehouse.
19 Mayor Cavanaugh called for a five-minute recess before the meeting continued.
20 D. Discussion of the Stonehouse operation.
21 City Manager Mike Mornson stated that the Council had made the Stonehouse property their number
22 one priority on their.list of issues in January. He indicated that the City had approved Jim Prosser,
23. Ehlers and Associates, to examine the Stonehouse, its operations, and address the issue of keeping the
24 Stonehouse open.
25 Mr. Prosser indicated that they separated the on-sale from the off-sale because they are so different,
26 specifically examining the on-sale portion. He said that their primary issue to examine was whether the
27 should reinvest in the existing structure and operation.
28 Mr. Prosser reviewed the option of building a new On-Sale Restaurant, which consisted of constructint
29 a new 5,000 square foot restaurant on the current site with the city continuing to operate. Ije coed
30 that the costs and revenues were as follows:
City Council Regular Meeting Minutes
August 28, 2001
• Page 13
1 - $1,000,000 for building, furniture/fixtures and equipment. Since the site cannot support
2 a restaurant of this size and odd-sale retail,an additional $250,000 for land should be
3 considered.
4 - A restaurant of this size should produce approximately$1,250,000 to $1,500,000
5 gross revenues.
6 The Advantages:
7 - Allows continued revenues for Charitable gambling operations.
8 - Continued presence for on-sale operations.
9 The Disadvantages:
10 - Building needs to be replaced
11 - Municipal operation of on-sale liquor store provides significant challenges including
12 public perception, liquor liability,control and pricing.
13 - Current building conditions reflect poorly on city management.
14 Mr. Prosser reviewed other options, including leasing the site to charitable gambling operations for
15 development as on-sale restaurant(would require a referendum to split on and off sale operations).
• 16 The costs and revenues:
17 No direct costs.
18 - Projected value property of$100,000+.
19 - Projected property tax $20,000 total and $5,000 City.
20 - Projected license revenue. (Fees not determined, would cover cost of control.)
21 - City expense reimbursement unchanged.
22 The Advantages:
23 - Allows continued operation of charitable gambling.
24 - Charitable gambling operations would be able to contract for operations management
25 with independent firm.
26 . - Property would be taxable.
27 The Disadvantages:
28 - Charitable gambling operations-may not be interested or capable of operating
29 restaurant.
30 - City would no longer directly control on-sale liquor operations.
31 - NFP operation of on-sale liquor store provides significant challenges including public
32 perception, liquor liability, control and pricing.
33 In summary, Mr. Prosser stated that it was extremely important for the City to have an idea of the
34 profitability aspect. He stated that Ehlers and Associates does not think that the numbers truly reflect
35 the need to reinvest in the building.
36 Additional Findings:
City Council Regular Meeting Minutes
August 28, 2001
. Page 14 •
- The current Stonehouse on-sale restaurant is in need of replacement. No additional
2 capital investments should be made in the existing building. .
3. The Stonehouse cannot be considered to be profitable. Given its current condition it is
4 likely to be more unprofitable in the future.
5 - St. Anthony Village would be required to invest approximately$100,000 to
6 $1,250,000 for a new building to continue on-sale operations.
7 - Gross annual revenues of$1,250,000 to $1,500,000 will be required to service the
8 operation and debt. It is very difficult to sustain this level of sales in a highly competitiv
9 market.
10 - The current site is too small to permit appropriate redevelopment for commercial uses
11 that include both on-sale and off-sale liquor sales.
12 - The primary financial function of the Stonehouse appears to be an outlet for charitable
13 gambling.
14 - Charitable gambling is projected to be at least as profitable at a new city-owned or
15 privately-owned on-sale restaurant(s).
16 Recommendations:
17 - Explore redevelopment of the Stonehouse site with off-sale liquor retail store as a
18 potential.
19 - Cease on-sale liquor store operations.
q P
20 - Conduct referendum to permit municipal off-sale and private on-sale operations.
21 - Permit charitable gambling at restaurants serving liquor.
22 Alternate Recommendation:
23 - Consider a referendum to approve $1,000,000 to $1,250,000 to fund a new on-sale
24 liquor store.
25 Mr. Prosser indicated that the Stonehouse property was worth$100,000.
26 Councilmember Sparks asked what the consultants said about the location of the Stonehouse property
27 for a restaurant. Mr. Prosser stated that restaurants like to be amidst a great deal of retail, and a high-
28 traffic area.
29 Councilmember Horst asked what type of redevelopment projects they see useful for the property.
30 Mr. Prosser stated that they see mixed use. Mr. Prosser indicated that there was strong support for
31 limited retail with a small restaurant pad and an off-sale liquor pad. He added that townhomes,
32 apartments, and daycare have all been mentioned as viable options.
33 Mr. Prosser stated that he was not recommending that they market the Stonehouse property at th�
34 $100,000 value, but that it was the amount that they could bank on.
35 Councilmember Horst asked if it was necessary to close the Stonehouse in order to get split liquor in
36 the City of St. Anthony. Mr. Morrison indicated that it was not.
City Council Regular Meeting Minutes
August 28, 2001
: • Page 15
1 Councilmember Sparks asked about putting the issue on the ballot for the November election. Mr.
2 Mornson stated that it would be difficult to get a referendum in place in time for the November election
3 Councilmember Thuesen stated he felt that they needed to discuss this further before he would be in
4 favor of placing the issue on the ballot.
5 Councilmember Horst stated that he did not want to go ahead with closing the Stonehouse without a
6 plan, which constitutes a referendum of some kind.
7 Councilmember Hodson referred to the struggling Park and Recreation Program which does not
8 appear to be getting better.
9 Mayor Cavanaugh stated that the cleared site has more promise than the Stonehouse site. Mr. Prosser
10 indicated his statement was true.
11 Mayor Cavanaugh stated that he would close the Stonehouse tomorrow if it were his business. He
12 continued that the building was done and they owe it to the community to shut down the Stonehouse
13 and clear the site for redevelopment. .
• 14 Councilmember Thuesen agreed with the Mayor, with the exception of closing the Stonehouse
15 tomorrow. He feels a plan needs to be in place before they shut it down.
16 Councilmember Hodson asked Mike Larson about the space in the common area on Highway 88 for a
17 liquor store. Mr. Larson stated that the exposure at that location would be a great asset.
18 Councilmember Horst said he was most comfortable using the"band aid approach" until they have a
19 plan.
20 Mayor Cavanaugh asked Mr. Prosser if the Stonehouse was more than a"band aid"problem. Mr.
21 Prosser stated that, from a strictly financial standpoint, it does not make sense to reinvest in the
22 Stonehouse.
23 Mayor Cavanaugh suggested that they keep the-Stonehouse open until the end of the year. In the
24 meantime, a plan needs to be developed.
25 Mayor Cavanaugh stated that he did not feel that government had any place in the business of
26 charitable gambling. He stated that these types of stores need to have an owner, and collect property
27 taxes.
• 28 The Council deliberated over the Stonehouse, and returned to the idea of getting a liquor license
29 referendum on the November ballot.
City Council Regular Meeting Minutes
August 28, 2001
Page 16 •
i Councilmember Sparks stated that a negative aspect of getting the referendum on the November ballot
2 is that it does not give the Council much time to educate the public on the issue.
3 Mr. Prosser stated they would need a minimum of ninety days to prepare for a referendum.
4 The Council agreed that a Special Election may be necessary.
5 Mr. Mornson stated that they will work with Ehlers and Associates to market the entire parcel of the
6 Stonehouse property,the off-sale property and the Firehouse. He indicated they would return in sixty
7 days with the type of suitors interested in the property.
8 X. GENERAL POLICY BUSINESS OF THE COUNCIL.
9 A. Resolution 01-075, re: Adopt a 2002 levy.
to Mr. Morrison referred:to the updated copy of Resolution 01-075 and stated that the difference is that
11 they received their certified levy limits from the Department of Revenue, which were reduced by
12 $2,300. He stated that the proposed tax levy was $2,635,366.
13 Councilmember Thuesen referred to the elimination of HACA aid and stated that they needed to
14 educate residents on the ramifications of the tax levy.
•.
15 Councilmember Hodson stated that he agreed with Councilmember Thuesen, and they need to hear
16 from the residents what services they want. He recommended that they go forward with.this
17 Resolution.
18 Councilmember Horst stated that property taxes would be lowered regardless of whether the City
19 adopts this levy, or any other levy. He added that the City portion has to go back up in order to make
20 for the money that the legislature took away.
21 Councilmember Thuesen stated that he was cautious to assume that property taxes will be decreasing,
22 as he has seen what the legislation has done to residents this year.
23 Councilmember Sparks stated she felt residents would complain about their property taxes in a few
24 years because they are confused and uninformed. She added that she was in favor of supporting the
25 tax levy at this time, but indicated that she thought it would come back to them needing to be
26 reassessed.
27 Mayor Cavanaugh stated he felt that the new tax legislation was the most mean-spirited thing that the
28 legislature could have done. He added that a community the size of St. Anthony was really up against
29 the levy because they do not have the tax capacity.
30 Mayor Cavanaugh concluded that he thought Councilmember Sparks was correct, and that, in a couple
31 of years, the Council Chambers would be filled with unhappy and misled residents.
City Council Regular Meeting Minutes
August 28, 2001
Page 17
1 Motion by Hodson to adopt Resolution 01-075,re: Granting the City of St. Anthony's consent to
2 adopt a 2002 levy.
3 Motion carried 4-1, Mayor Cavanaugh opposed.
4 B. Resolution 01-073, re: Participation in Local Housing Incentives Account Program.
5 City Manager Michael Morrison reviewed the resolution with the Council.
6 Motion by Sparks to adopt Resolution 01-073,re: Participation in Local Housing Incentives Account
7 Program.
8 Motion carried unanimously.
9 C. Ordinance 2001-002, re: Amend sign ordinance (2"d reading
10 Motion by Horst to adopt Resolution 2001-002, re: Amend the sign ordinance.
l 1 Motion carried unanimously.
12 XI. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
13 Councilmember Thuesen stated that he applied for re-election next year. Councilmember Hodson
14 stated that he had applied for election, as well.
15
16 XII. INFORMATION AND ANNOUNCEMENTS.
17 None.
18
19 XIII. ADJOURNMENT.
20 Motion by Cavanaugh to adjourn the meeting at 10:56 p.m.
21 Motion carried unanimously.
22 Respectfully submitted,
23 Courtney Seesz
24 TimeSaver Off Site Secretarial, Inc.