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Document: CC PACKET 09221992
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CITY OF ST ANTHONY
ASSESSMENT POLICY
ASSESSMENT PERIOD:
Sanitary sewer 10 years
Water main 10 years
Storm sewer 10 years
Street construction 10 years
Street resurfacing 10 years
Sidewalks 10 years
For several improvements in the same project, the assessment will"be 15 years. No assessment for a
single improvement will exceed 10 years.
The following sets forth the City's general assessment policies, but these policies may be modified to
the extent necessary to result in special assessment amounts which do not exceed the special benefits
to the respective properties being assessed unless greater assessments have been agreed to by the
owners.
UPGRADING OF PUBLIC ROADWAYS
For street paving and reconstruction, 50% of the cost for a project will be obtained from sources
other than ad valorem taxes.
All property will be assessed on the basis of front footage as specified below. Non tax-exempt
property zoned R-1, R-IA, and R-2 is assessed a minimum of 50% of the actual cost for a 7-ton, 32
ft wide pavement with concrete curb and gutter and routine drainage. The above property will be
assessed for this type of roadway even if the width or strength is greater. All tax-exempt property
regardless of zoning class, such as, but not necessarily limited-to schools, churches, parks, and
government land, will be assessed on a front footage basis at 50% of the cost of a 7-ton, 32 ft wide
pavement (even when heavier roads are constructed). All property not covered in the above is
assessed on a front footage basis at 50%.of the cost for the specific type of roadway on which they
abut. In addition to the costs above, all property may be assessed a proportionate share on a footage
basis for expenses such as right of way and easement acquisition needed for that segment of the
project including the roadway abutting the property.
ALLEYS
Totally assessed (100%) on a front foot basis to abutting properties.
CONDOMINIUMS - RESIDENTIAL
Assessments above are spread by dividing them equally among the units.
The assessments are not divided by the percentage of space per unit.
1
CONDOMINIUMS - COMMERCIAL
Assessments above are spread by dividing them according to the percentage of interest in
common elements.
MINNESOTA STATE-AID ROADWAYS
Non tax-exempt property zoned R-1, R-IA, R-2 and R-3 which abuts Minnesota State Aid (MSA)
streets shall not be assessed for improvements of such streets. All such work will be covered 100%
by Minnesota State Aid funds. All tax-exempt property regardless of zoning class, such as, but not
necessarily limited to schools, churches, parks, government land, will be assessed on a front footage
basis at 50% of the cost of a 7-ton, 32 ft wide pavement (even when heavier roads are constructed).
All property not covered in the above is assessed on a front footage basis at 50% of the cost for the
MSA roadway on which they abut.
STORM DRAINAGE
Improvement costs for storm drainage shall be paid for wholly out of the storm drainage utility fund and
not assessed to benefitted properties.
SANITARY SEWER AND WATER MAIN Laterals
Sanitary sewer and water main laterals are assessed on a front footage basis with all types of land and
zoning being identically assessed. The assessment for corner and odd-shaped lots follows the same
formula as that stated in the public roadways section. The amount of 100% of the total cost will be
divided among the benefitted property.
SANITARY SEWER AND WATER MAIN Trunk/Subtrunk Lines
Improvement costs for sanitary and water main trunk/subtrunk lines shall be paid for wholly out of their
respective utility funds and not assessed to benefitted properties. New lines will be assessed at 100% of
actual costs.
NON-MOTORIZED PATHWAYS (SIDEWALKS)
Assessments for non-motorized pathways shall not be assessed ti o residential property abutting the project
but shall be covered 100% by ad valorem taxes. Commercial and industrial property abutting the project
shall be assessed at 50% of the actual cost.
2
COMMUNITY CENTER
DECISION PROCESS
I. DECISION. To hire a consultant or do it internally.
A. Issue of preserved biases.
B. Neutral party involvement.
C. Identify needs, wants, services and location.
D. Cost.
II. Type of survey, focus groups versus question survey.
A. Focus group (Qualitative).
1. Clergy.
2. Senior citizens.
3. Sports Boosters.
4. Empty nesters.
5. Parent Teacher Associations.
B. Question survey (Quantitative).
1. 30 to 40 questions.
2. 400 person sample.
3. Follow up focus groups based on output of study.
III. DECISION. Discussion and decision on results.
A. What to do with results.
1. Use selected focus groups or committee to make recommendation.
IV. DECISION: Hire consultant to do a feasibility study of cost.
A. Consider phasing options.
B. Determine financing.
C. Inform community of cost.
MEMORANDUM
DATE: September 21, 1992
TO: Thomas D. Burt, City Manager
FROM: Roger Larson, Finance Director
ITEM: BUDGET HEARING DATES
To comply with Truth in Taxation, the City of St. Anthony must set a budget public hearing
date and a date to reconvene the hearing. As always, County Governments and School
Districts have first pick of the dates available.
This year, Cities could selected any non-conflicting dates during November 29th through
December 20th. Because the State reduced the number of dates available (approximately
10 days) the competition increased for the dates allowed.
Originally Council agreed on December 9th & 10th as the public hearing dates. However,
Ramsey County had selected December 9th and at its 9/8/92 meeting, Council passed
resolution #92-041 setting the public hearing dates for December 7th and 10th.
On friday 9/18/92, Ms. Marie Kunzie from Hennepin County (they police the Truth in
Taxation Dates for St. Anthony) called to inform me Ramsey County (at the last minute)
set December 10th as their reconvening date which is the same as St. Anthony's.
To fulfill all Truth in Taxation requirements, I have amended Resolution #92-041
to establish a reconvene date of December 14, 1992. Please be aware this change does not
change the amount of the proposed levy which was passed in the original resolution.
CITY OF ST ANTHONY
RESOLUTION #92-041-A (Amended)
A RESOLUTION SETTING PROPOSED 1993 TAX LEVY
1993 BUDGET AND PUBLIC HEARING DATES IN COMPLIANCE
WITH THE TRUTH IN TAXATION ACT
WHEREAS, the Truth in Taxation Law requires that the City of St. Anthony provide
Hennepin and Ramsey Counties with a proposed 1993 Tax Levy and Budget;
and
WHEREAS, the information required for the City Council to make a definitive tax levy
cannot be determined until the City of St. Anthony holds its public hearings;
and
WHEREAS, the furnishing of this proposed tax levy is made contingent on any revisions
being allowed if the current law is modified.
NOW, THEREFORE, BE IT RESOLVED that:
1) the proposed tax levy for 1993 is:
General Fund Levy $1,618,200
Housing and Redevelopment Authority Levy 202000
Certificate of Indebtedness 76,415
$1,714,615
BE IT FURTHER RESOLVED that:
1) the hearing date for the adoption of the 1993 proposed budget be set at
December 7, 19922 7:30 P.M., at its Council Chambers and if necessary be
reconvened on December 14, 1992, 7:30 P.M., at its Council Chambers.
Adopted this day of , 1992
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
H . R.A . IMMEDIATELY FOLLOWING
REGULAR COUNCIL MEETING .
• CITY OF ST. ANTHONY
Fiy
CITY COUNCIL AGENDA ��FTly FAQ.
September 22, 1992
7:30 P.M. 'QOp r/i�jC
Council Chamber s 9 Esc
tioo
lB
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. �9�p
II. ROLL CALL.
III. APPROVAL OF SEPTEMBER 22, 1992 COUNCIL AGENDA.
IV. APPROVAL OF SEPTEMBER 8, 1992 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. Verified.
VII. REPORTS.
A. Council.
1. Proclamation recognizing the 100th Year Anniversary of St. Anthony
Village's Faith United Methodist Church.
B. City Manager.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Proposed Election Judges for the November 3rd Presidential Election.
B. Liquor Operations 1991 Uncollectible Checks.
X. UNFINISHED BUSINESS.
A. Ordinance 1992-008, re: Signs (2nd reading).
B. Ordinance 1992-009, re: Housing maintenance code (2nd reading).
• XI. ADJOURNMENT.
•
1 CITY OF ST. ANTHONY
2
3 REGULAR COUNCIL MEETING
4
5 SEPTEMBER 8 , 1992
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called' to order at 7 : 30 p.m'. and the Pledge of
11 Allegiance was led by Mayor Ranallo.
12
13
14 2 . ROLL CALL
15
16 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth,
17 Fleming and Wagner
18
19 Staff Present : City Manager Burt , City Attorney Soth and
20 Management Assistant Urbia
21
3. APPROVAL OF SEPTEMBER 8 , 1992 COUNCIL MEETING AGENDA
24-
25. Motion by Marks , second by Wagner to approve the agenda for
26 the September 8 , 1992 Council Meeting as .presented.
27
28 Motion carried unanimously
29
30
31 4 . APPROVAL OF AUGUST 25, 1992 COUNCIL MEETING MINUTES
32
33 Motion by Wagner, second by Enrooth to approve the minutes of
34 the August 25 , 1992 Council Meeting with the following
35 corrections :
36
37 page 11 , line 23 : Correct "Hergers" to "Herges"
38
39 page 14 , line 24 : Councilmember Marks recalled having made
40 some remarks regarding the Storm Water Drainage Utility
41 Ordinance No. 1992-007 at a previous Council Meeting. He
42 agreed with Dennis Cavanaugh that these comments were not
43 included in the minutes .
44
45 The Council Secretary was requested to include the identity of
46 people who speak at Council meetings .
47
*9 Motion carried unanimously
50
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 2
4
5
6 5 . PRESENTATION OF CLAIMS
7
8 A. Maier Stewart & Associates
9
10 Motion by Marks , second by Enrooth to approve payment in the
11 amount of $487 . 65 to Maier Stewart & Associates for
12 engineering services rendered from June 28 , 1992 through
13 August 1 , 1992 for the Kenzie Terrace Phase II Sidewalk plans
14 and specifications.
15
16 Motion carried unanimously
17
18
19 B. Maier Stewart & Associates
20
21 Motion by Marks , second by Enrooth to approve payment in the
22 amount of $148 . 28 to Maier Stewart & Associates for •
23 engineering services rendered. from June 28 , 1992 through
24 August 1 , 1992 for Kenzie 'Terrace Phase II Sidewalk
25 construction administration.
26
27
28 Motion carried unanimously
29
30
31 C. Maier Stewart & Associates
32
33 Motion by Marks , second by Enrooth to approve payment in .the
34 amount of $204 . 55 to Maier Stewart & Associates for .
35 engineering services rendered from May 31 , 1992 through June
36 27 , 1992 for the Kenzie Terrace Project .
37
38 Motion carried unanimously
39
40
41 Councilmember Wagner inquired if the Community Development
42 Block Grant Funds will be received if all of the requirements
43 of the Kenzie Terrace project are not met .
44
45 The City Manager responded that all of the work is completed
46 but that the contractor has not submitted the completed forms
•
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 3
4
5
6 for the project and has not been paid. He will check with
7 Hennepin County for information regarding payment if all of
8 the documentation is not completed by the contractor.
9
10
11 D. Barr Engineering
12
13 Motion by Marks , second by Enrooth to approve payment in the
14 amount of $428 . 50 to Barr Engineering for professional
15 services rendered through August 1 , 1992 regarding the County
16 Road "E" Storm Sewer Project .
17
18
19 Motion carr.ied unanimously
20
46 E. Dorsey & Whitney Law Firm
23
24 Motion by Marks , second by Enrooth to approve payment in the
25 amount of $1 , 814 . 60 to Dorsey & Whitney Law Firm for legal
26 services rendered through July 31 , 1992 regarding the
27 -Stonehouse Restaurant .
28
29 Councilmember Enrooth observed that the cost associated with
30 this matter appear to be increasing. The City Manager advised
31 that the legal counsel for the purchaser of the restaurant had .
32 fifty-two questions which needed answers from the City' s legal
33 counsel . He noted that there was compromise on three issues .
34
35
36 Motion carried unanimously
37
38
39 F. Dorsey & Whitney Law Firm
40
41 Motion by Marks, second by Enrooth to approve payment in the
42 amount of $911 . 95 to Dorsey & Whitney Law Firm for legal
43 services rendered through July 31 , 1992 on various matters .
44
45
46 Motion carried unanimously
49 G. St . Anthony Fire Relief Association
50 Each year the City receives a check from the State for Fire
1 REGULAR COUNCIL MEETING
.2 SEPTEMBER 8 , 1992
3 PAGE 4
d
5
6 State Aid. This money comes from a two percent premium placed
7 on homeowner fire insurance and is designated for the
8 Volunteer Firefighters Pension Fund. This money is recorded in
9 the City' s accounting records and paid out to the Fire Relief
10 Association .
11
12 Motion by Marks , second by Enrooth to 'approve transfer of
13 payment in the amount of $20 , 195 . 00 to the St . Anthony Fire
14 Relief Association .
15
16 Motion carried unanimously
17
18
19 H. Verified Claims
20
21 Motion by Marks , second by Enrooth to approve payment of the
22 1 1/2 pages of verified claims as submitted by the Finance •
23 Director.
24
25 Motion carried unanimously
26
27
28 6 . REPORTS
29
30 A. Report of the Plannina Commission
31
32 Planning Commission Chair Faust was representing the Planning
33 Commission at the Council Meeting.
34--
- -
35 Faust stated that the minutes in the agenda accurately reflect
36 the proceedings of the August 18 , 1992 Planning Commission
37 Meeting.
38
39 There was one public hearing held at that meeting which
40 addressed the proposed amendment to the City of St . Anthony
41 Comprehensive Land Use Plan.
42
43 Faust read the proposed amendment which is as follows :
44
45 1 . Acquire residential properties west of Kenzie Terrace ;
46 2700 Coolidge Street and 2906 Kenzie. Terrace.
47 •48 2 . Reconfigure 27th Avenue and Coolidge Street which
49 would create a new intersection at Kenzie Terrace.
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 5
4
5
6 3 . Develop parcel north of the new intersection at Kenzie
7 Terrace as two single family lots .
8
9 4 . Amend the City of St . Anthony Comprehensive Land Use
10 Plan in the area north of the new intersection from
11 commercial to single family residential , including a
12 portion of 2715 Coolidge Street to reflect the current
13 use.
14
15 Faust advised that the proposed amendment has been submitted
16 to the Metropolitan Council for its review and approval . At
17 the time of the August 18 , 1992 , Planning Commission meeting,
18 the Metropolitan Council has given tentative approval .
19
20 He also advised that no one had appeared at the meeting of the
21 Planning Commission either in - support nor opposed to the
proposed amendment .
24 The City Manager stated that the Planning Commission ' s
25 recommendation regarding the- amendment was omitted from
26 tonight ' s agenda . He will place it on the agenda for the
27 September 22nd Council Meeting. He also noted that formal
28 approval has been received from the Metropolitan Council .
29
30 Mayor Ranallo felt this matter could -be approved at this
31 Council' Meeting.
32
33 Faust advised that Lot 2 is already zoned residential , Lots 3
34 and 4 , which are currently zoned commercial , are being
35 recommended for a residential zoning by the Planning
36 Commission, and Lot 5, which is currently zoned medium family,
37 is being recommended for a residential zoning.
38
39 Councilmember Wagner questioned the letter from the legal
40 counsel for the owner of the lot at 2715 Coolidge Street . He
41 inquired if this lot was entirely zoned residential .
42
43 The City Manager explained that the letter ' s primary purpose
44 was to request information from what he felt was a possible
45 rezoning of the parcel . The purpose of the public hearing did
46 not include any consideration for rezoning the parcel at 2715
7 Coolidge Street . The City Manager advised that the port-ion of
the parcel where the garage is located is already zoned
commercial . The property owner ' s legal counsel was advised of
50 this before the public hearing.
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 6
a
5
6 Councilmember Enrooth recalled that the City Council had
7 specifically requested that the "highest and best use" of this
8 area be the prime consideration of the Planning Commission.
9
10 Chairperson Faust acknowledged that this was the request of
11 the City Council and the Planning Commission was well aware of
12 this during its deliberations .
13
14 Noting that there has been no interest received from
15 commercial developers , Faust stated this area was viewed from
16 an economic point of view. He felt that years ago a smaller
17 commercial development may have been viable. The Planning
18 Commission had also discussed leaving the area as open space.
19
20 It was the consensus of Planning Commission members that
21 zoning this area as commercial would afford a good
22 transitional area between residential and commercial . •
23
24 The City Attorney advised that the sites of 'the Rosie' s
25 Restaurant and the Good Luck Cafe are being appraised on a
26 commercial basis . The City will not rezone to residential to
27 lower the value of these properties for the City to acquire.
28
29 At this time, Councilmember Marks advised the Council that the
30 owner of the Rosie' s Restaurant site is a personal friend and
31 business acquaintance of his . He recognizes there is a
32 conflict of interest and would leave the Council Chambers when
33 the resolution regarding the acquisition of this property is
34 discussed.
35 —
36 Motion by Enrooth, second by Wagner to approve the amendment
37 to the St . Anthony Comprehensive Land Use Plan .
38
39 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
40 Marks - abstain
41
42 Motion passes
43
44
45 The City Attorney advised that when the rezoning of this
46 property comes before the City Council at its November meeting
47 a four-fifths vote is required to approve the rezoning.
48 •
49
50
•
I REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 7
4
5
6
7 B. Council Reports
8
9
10 1 . Report of Councilmember Wagner
11
12 Councilmember Wagner attended the Pep Rally held last
13 week at Apache Plaza Shopping Center. He felt the
14 attendance was very good and the event was a friendly
15 affair. Mayor Ranallo served as the master of ceremonies .
16
17 Representatives of three school districts, St . Anthony,
18 Irondale and Columbia Heights attended as did team
19 members , cheerleaders and school principals .
20 Councilmember Wagner also noted that St . Anthony won its
first football game of the season.
3 The Mayor stated he was very impressed with the speech
24 given by the St . Anthony football coach.
25
26
27 2 . Report of Councilmember Fleming
28
29 Councilmember Fleming had nothing to report at this time.
30
31
32 3". Report of Councilmember Enrooth
33
34 Councilmember Enrooth advised that the St .. Anthony Clean-
35 Up Day is`Saturday, September 12th from 9 : 00 a .m. until
36 1 : 00 P.M.
37
38 He expressed some concern as to the expected turn out for
39 this clean-up and felt this day may not be as busy as was
40 the clean-up day in the spring.
41
42 Urbia stated there was a delay in printing the flyers for
43 this event but an announcement has appeared in the City ' s
44 newspapers and has been included in the City ' s newletter.
45 Flyers are being distributed, the day is being. included
46 in the announcements on the local cable access channel
0 and it appears on the Kiwanis community sign .
4.9
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 8
4
5 '
6
7 Councilmember Wagner mentioned the upcoming hazardous
8 waste collection being conducted by Hennepin County.
9 Urbia stated he will have flyers available at that site
10 also giving the details of the Spring Clean-Up.
11
12 A number of residents have called the City Hall for
13 details of the Spring Clean-Up. The Mayor hoped these
14 residents are being encouraged to volunteer to work at
15 the event .
16
17 4 . Report of Councilmember Marks
18
19 The Wrap-Up Meeting of the Sister City Committee is
20 scheduled for September 27th reported Councilmember
21 Marks .
22 •
23 He also mentioned seeing an article in a local newspaper
24 which incorrectly stated that Bob Thistle is a member of
25 the Dorsey & Whitney Law Firm. The Mayor stated that Mr.
26 Thistle is employed by the Springsted Financial Advisors
27 firm.
28
29
30 5 . Report of Mayor Ranallo
31
32 The Mayor requested the City Manager to post a notice of
33 the Vi 1 lage Fest Volunteer Thank You Party as al l members
34 of the City Council will be in attendance. This affair is
35 being held at the Mayor' s home on September 11th.
36
37 The Mayor advised that many state representatives
38 attended a meeting held at the State Fair where they
39 fielded questions from mayors of various municipalities .
40 The status of the State' s tax structure and fiscal
41 disparities were discussed .
42
43 Mayor Ranallo noted that out-state mayors were supportive
44 of having only one tax structure for all property taxes .
45 Presently, there about seventeen property tax structures .
46 Considerable concern was also expressed regarding Local
47 Government Aids ..
48
49
50
i
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 9
4
5
6
7 The Mayor observed that each year the cities appear to be
8 losing something. In 1992 the cities lost funds by having
9 to pay sales tax on certain items purchased.
10
11
12 Guest Speaker
13
14 Rosemary Franzese, a long time St . Anthony resident and a
15 member of the Planning Commission, advised the Council she is
16 running for a seat on the Hennepin County Parks Commission .
17
18 The redistricting left District #5 with no incumbent . The
19 district encompasses the cities of St . Anthony, Bloomington
20 and Richfield as well as Fort Snelling Park . The populations
21 of the aforementioned cities are St . Anthony, 8 , 000 ,
46 Bloomington, 86 , 000 and Richfield, 36, 000 .
24 The City of Minneapolis has its own park system and the
25 Hennepin County Parks Commission does not contain any parks
26 located in Minneapolis .
27
28 The Commission has seven members and its funding comes from
29 the Metropolitan Council . Five members are elected and two are
30 appointed by the Hennepin County Board of Commissioners . Ms .
31 Franzese feels the parks in Hennepin County are very well
32 maintained and she stated her intention to publicize them as
33 excellent places for recreation .
34
35 Ms . Franzese noted that the Hennepin County park system is one
36 of the biggest in the country but that most of the state
37 funding for parks go out-of-state. Each household in the
38 metropolitan area is taxed about $20. 00 for parks. The
39 Hennepin County park budget for 1992 was $11 . 2 million .
40
41
42 1 . Proclamation of St . Anthony Kiwanis Peanut Day
43
44 Motion by Marks , second by Ranallo to approve the proclamation
45 which designates Friday, September 25, 1992 as. St . Anthony
46 Kiwanis Peanut Day.
47
Motion carried unanimously
50
•
1 REGULAR. COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 10
4
5
6
7 C. Report of the City Manager
8
9 The City Manager advised that the Paul Todd Concert is
10 scheduled for Friday, October 9th. All of the costs of the
11 concert are being donated by Honeywell . All of the profits
12 from this event will be used for the City' s D.A.R. E. Program.
13
14 The tickets for the concert are $7 . 00 . Mayor Ranallo suggested
15 that tickets could be sold at Homecoming on September 25th.
16 Councilmember Enrooth suggested that some mechanism be put
17 into place for ticket sales at Wilshire School . Last year this
18 was missed. The Mayor advised, that Shelly Freeman has already
19 taken care of this .
20
21
22 7 . PUBLIC HEARINGS
23
24 There were no public hearings .
25
26
27 8 . NEW BUSINESS
28
29 A. Approval of the Organization and Mission Statement of the
30 St Anthony Environmental Ouality/Recycling Committee
31
32 Mavor Ranallo stated he has a concern with the statement in
33 the organization and mission statement regarding removal of
34 members from the committee. The statement says that any member
35 having three unexcused absences over a two year term warrants
36 removal from the Committee.
37
38 Councilmember Wagner observed that this committee only meets
39 quarterly. Mayor Ranallo again stated his concern with this
40 phrase "unexcused absences . " The City Manager suggested that
41 an overview could be made of attendance and a percentage basis
42 could be considered: "Unexcused" was removed from the
43 document .
44
45 Motion - by Fleming, second by Enrooth to approve the
46 Organization and Mission Statement of the St . Anthony
47 Environmental Quality/Recycling Committee.
48 •
49
50 Motion carried unanimously
•
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE. 11
4
5
6
7 B. Resolution No. 92-041 ; Re : Setting 1993 Tax Levy and
8 Budget Hearing Dates
9
10 An amended copy of the resolution was distributed which
11 contained suggestions made by Mayor Ranallo.
12
13 The Mayor emphasized that this was a proposed tax levy and it
14 can be reduced but not increased.
15
16 The City Manager advised that this is a stand-in-place budget
17 and, that a 5 . 9% increase is being proposed. He noted that
18 there are difficulties anticipated with the City' s Local
19 Government Aids funding and the HACA allocation. These two
20 funds comprise approximately twenty-five percent of the City' s
21 budget monies . The Governor was very candid in his remarks
regarding the fiscal future of the State being very
troublesome.
24
25 The Mayor observed it has been very difficult for department
26 heads in the City to deal with the cuts which the City' s
27 funding has already taken. He noted -it was three years before
28 a police officer position was filled and now the City has had
29 to pay sales tax since July of this year . Staffing in the
30 Public Works Department has also been down with injuries and
31 ret-irements .
32
33 Motion by Marks , second by Wagner to approve Resolution No.
34 92-041 being a _.resolution setting the proposed 1993 tax levy
35 and 1993 budget and public hearing dates in compliance with
36 the Truth in Taxation Act .
37 -
38 The hearing date for the adoption of the 1993 proposed budget
39 is December 7 , 1.992 at 7 : 30 p.m. with the date of December 10 ,
40 1992 as an alternate date if necessary.
41
42
43 Motion carried unanimously
44
43
' 6 C . Resolution No. 92-042 ; Re: Access Agreement with Minnesota
Pollution Control Agency
Members of the Council inquired as to the need for this
50 resolution. The City Manager advised that the plume, which is
i
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 12
5
6
7 contaminating the ground, is moving and that it is very high
8 in the golf course.. The Minnesota Pollution Control Agency
9 desires to monitor the plume' s direction. The City Manager
10 stated that the drinking water is still very safe and has' not
11 been affected.
12
13 There is one monitoring well located at the Rosie' s Restaurant
14 site, two are located on Rankin Road and two wells are in the
15 Industrial Park.
16
17 Notices will be sent to those property owners who will be
18 directly affected or indirectly by the activity of these
19 monitoring wells . Residents of Rankin Road will be advised of
20 the drilling schedules and plantings will be put in around
21 those sites .
22 •23 The attachments referred to in the body of the agreement are
24 maps and will be available from the City Manager.
25
26 Motion by Marks , second by Enrooth to approve Resolution No.
27 92=042 being a resolution authorizing the Mayor and City
28 Manager to execute the access agreement between the City of
29 St . Anthony and the Minnesota Pollution Control Agency.
30
31 Motion carried unanimously
32
33
34 D. Resolution No . 92-043 , Re: Termination of Mannino' s Lease
35 and Approval of New Lease With Hiahwood Food Services
36
37 The City Manager observed that this matter was originally
38 discussed at the Council ' s Goalsetting Session. He noted that
39 it has taken some time to draft an acceptable lease agreement .
40
41 Mr . Lawrence Manning has indicated he is willing to be of
42 assistance to the holder of the new lease, Mr . Erich
43 Schuhmacher of Highwood Food Services .
44
45 Ray Nelson , the City' s Liquor Operation Manager, has stated he
46 feels this restaurant will be a real asset to the community.
47
48 Councilmember Wagner had questions regarding the use of the
49 word "arbitrarily" with regard to signs in the third paragraph
50 on the third page of the lease agreement .
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 13
4
5
6
7 Motion by Marks , second by Wagner to approve Resolution No.
8 92-043 being a resolution authorizing the Mayor and City
9 Manager to execute the lease termination and mutual release
10 agreement and authorizing the Mayor and City Manager to
11 execute the lease agreement , , both with regard to the City-
12 owned property located at 2700 Highway 88 in the City of St .
13 Anthony.
14
15 Motion carried unanimously
16
17
18 E. Resolution No 92-044 , Re: Acquisition of the Good Luck
19 Cafe and Rosie' s Restaurant Properties
20
1 Because of his previously stated conflict of interest ,
Councilmember Marks left the Council Chambers and did not
participate in the discussion nor the vote on. Resolution No.
24 92-044 .
25
26 In a memo the City Attorney advised the City Council to
27 commence the condemnation proceedings on these two properties
28 with the passage of this resolution . Since negotiations have
29 started on the properties , the price on the Rosie ' s site has
30 risen significantly . Staff is being requested to continue to
31 negotiate a mutually agreeable price before the condemnation
32 process begins .
33
34 Motion by Enrooth; second by Wagner to approve Resolution No.
35 92-044 being a resolution authorizing the City Manager and
36 City Attorney to begin condemnation proceedings , if necessary,
37 with regard to the City ' s acquisition of the properties
38 identified as 2905 Kenzie Terrace and 2700 Coolidge Street
39 Northeast .,
40
41
42 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
43 Marks - not present
44
45 Motion carries
46
0 F. Resolution No. 92-045 , Re : Snow and Ice Control Policy
49
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 14
4
5
6
7 The Mayor stated that the Council and staff recognized that a
8 formal policy was needed regarding snow and ice control in the
9 City.
10
11 Councilmember Wagner inquired where in the policy is the
12 procedure for snow removal stated as to the time and
13 circumstances .
14
15 The City Manager responded it was addressed in the "Street
16 Snow Control " section of the policy. He noted that the
17 specific circumstances would be very difficult to draft with
18 specifics .
19
20 He advised that the crews try to remove snow curb to curb.
21 This procedure usually requires four passes with the snow
22 removal equipment . It was intended to keep the policy document
23 flexible and it was drafted in a cautious manner .
24
25 The City Manager will draft more specific language for the
26 policy and return it for Council review. There was some
27 concern regarding situations where towing of personal vehicles
28 would be needed.
29
30 Motion by Wagner, second by Enrooth to approve Resolution No.
31 92-045 being a resolution approving the snow and ice control
32 policy and procedures for the City of St . Anthony.
33
34 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
35 Marks - not present
36
37 Motion passes
38
39
40 G. Ordinance No. 1992-008 , Re: Sians (First Reading)
41
42 Mayor Ranallo thanked the members of the Planning Commission
43 for all of their efforts regarding the sign ordinance . He
44 inquired if any members of the City Council had further
45 comment on the proposed ordinance .
46
47 The City Manager advised that all of the suggestions made at
48 the Council work session were included in the draft ordinance.
49 He also advised that all grammatical suggestions were
50 included .
i
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE . 15
4
5
6
7 The City Attorney will review the ordinance and make any
8 necessary changes before the second reading is held.
9
10 Councilmember Marks recalled that political signs had been
11 discussed at the Council work session and consideration had
12 been given to eliminating them.
13
14 The City Attorney advised that state statute does not allow
15 the banning of some of the political signs discussed. He felt
16 the Council did not have the flexibility to eliminate them.
17
18 Councilmember Fleming stated that this Council should not make
19 this type of decision which may affect Councils of the future.
20
21 On page eight in the paragraph which addressed political
signs , Councilmember Marks suggested that the last sentence
read "Political signs are not allowed in the street right-of-
24 ways . "
25
26 Councilmember Wagner inquired if the ordinance would authorize
27 the removal of signs on a vacant building. The City Manager
28 responded that the ordinance does not presently contain any
29 language which would address this situation .
30
31 The City Attorney felt it may be questionable to authorize
32 this as there does not appear to be any authority for doing
33 it . In the case of a hazardous building, action can be taken
34 against the owner of the building via a citation or the
35 prosecuting in a civil suit .
36
37 Councilmember Wagner questioned if sign removal can be made a
38 part of the sign permit . Removal of the sign could be done and
39 the cost could be assessed back to the owner . The City Manager
40 suggested this could be done on the basis of the building
41 being vacant for six months .
42
43 The City Attorney stated this matter could be included in the
44 ordinance but this provision still would not authorize the
45 City to remove a sign . The permit could include a provision
46 whereby the building owner would agree to remove a sign if a
0 building were vacant for a specific period of time.
49 The City Attorney also was concerned with the storage or
50 placement of a sign which has been taken down.
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 16
A
5
6
7 The City Manager cited the example of the wall sign at Apache
8 Plaza. He' felt this size sign and its accompanying electrical
9 apparatus could be a real bother.
10
11 The City Attorney advised it would be a better procedure to
12 have a sign removal stipulation in the permit . If this
� 13 stipulation is not adhered to then the City could issue a
14 citation . The tenant would not sign the permit application,
15 but the building owner would be the signee.
16
17 The City Manager noted that typically the sign permit is
18 applied for by the sign company. This stipulation would be
19 requiring something out of the ordinary .
20
21 Jerry Faust , Chairperson of the Planning Commission, inquired
22 if a citation could be issued for an existing non-conforming
23 sign . The City Attorney responded that this could not be done
24 because of an ordinance change and that the sign has a legal
25 right to continue in its location.
26
27 Motion by Wagner, second by Marks, to approve the first
28 reading of Ordinance No . 1992-008 being an ordinance which
29 will make revisions to the sign ordinance in. the City Code.
30
31 The purpose and intent of the ordinance is to achieve the
32 following objectives :
33
34 a) To establish standards which would permit businesses in the
35 City a reasonable and equitable opportunity to identify
36 themselves .
37
38 b) To preserve and promote civic beauty and not allow signs
39 which would detract from this objective because of unusual
40 size, shape, height ; location, condition, cluttering or
41 illumination .
42
43 c) To insure that signs in the City shall not create a safety
44 hazard.
45
46 d) To preserve and protect the value of land and buildings ,
47 and to preserve and protect landscapes .
48
49
50 Motion carries unanimously
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 17
4
5
6
7 H. Ordinance No . 1992-009 Re: Housin Maintenance Co e
8 (First Reading)
9
10 The Mayor observed that considerable time was spent on this
11 ordinance by the Planning Commission. He noted that members of
12 the Council feel there are still some areas in the ordinance
' 3 which should be more stringent .
14 The City Attorney stated he has not reviewed this ordinance at
15
16 this point in time.
17
18 The Mayor advised he has spent some time working on this
omfortable with it . He suggested that the
19 ordinance and is c
Z0 City Attorney review it and find if there are some areas which
1 could be more stringent and yet legal . The Mayor noted that
2 model ordinances from Oft Sale unic iTruth 1_In Housing were considered
and
23 the issues of Point
24 for consideration ..
25
Planning Commission had
26 The City Manager stated that the
27 removed the Truth in Housing section . It was the position of
28 members of the Planning Commission that this requirement could
29 delay a sale and may be a duplication of some i-nspections
30 required by lenders .
31
. 32 The CY�airperson of the Planning Commission stated that an
33 appraisal would rtheIn Housengfclauseconcerns which would be
34 included in a Tru
35
36 The City Manager advised that the language which addressed
37 sump pumps and backflow prevention was amended by the
38 Management Assistant .
39 he City would
40 The Mayor inquired The City tManager responded ethat this licensing is
41 rental property .
42 already being done.
43
44 Councilmember Marks noted that some language regarding
45 composting could be included in the ordinance which would
45 accommodate composting of certain items . The City Manager
47 suggested this could be addressed by the Environmental Task
• 48 Force.
49
x 50
I REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 18
A
5
6
7 Councilmember Marks suggested that the use of garbage
8 disposals should be discouraged. Councilmember Enrooth stated
9 that in Europe no household waste nor moist waste is in the
10 waste stream and this results in higher heat .
11
12 The Mayor observed that inc.inerators are not presently allowed
13 in homes .
14
15 Referring to an item on page ten of the ordinance, the
16 Planning Commission Chairperson noted that houses will be
17 inspected at the point of sale for sump pump and drain tile
18 with regard to emptying into the 'sanitary_ sewer system.
19
20 The City Manager noted that the enforcement of this matter
21 could be considered at the time the water meter account is
22 changed to a new owner . He anticipated that the City would
23 have no recourse for this inspection if there is no response
24 from the new owner requesting a City inspection .
25
26 The City Attorney felt this inspection could be made at the
27 time an assessment search is requested which would be before
28 the closing of the sale..
29
30 The City Manager inquired if the City would be at risk. if an
31 inspection is not done and there is a back up. The City
32 Attorney advised that there could be a language change which
33 would make the seller responsible for this inspection . This is
34 the procedure in the City of Minneapolis .
35
36 The Mayor requested that all real estate agents be notified of
37 this requirement . The City Manager observed that when a
38 property is sold by its owner, this requirement would be
39 missed . He felt it would be preferable to make this
40 requirement one for the seller so the buyer would have some
41 recourse.
42
43 Mayor Ranallo felt the ordinance needs some language changes
44 so this concern will be included.
45
46 The City Attorney inquired as to the timing of this ordinance
47 noting that it is not included in the City Code. He requested
48 direction as to its inclusion in the City Code . •
49
50
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 19
4
5
6
7 Councilmember Fleming felt the ordinance and the City Code
8 should .remain separate thereby approving the -ordinance before
9 the City Code is approved.
10
11 Councilmember Marks requested information regarding this
12 ordinance be included in the City newsletter, perhaps on an
13 annual basis .
14
15 Motion by Wagner, second by Enrooth to approve the first
16 reading of Ordinance No. 1992-009 being a housing maintenance
17 and occupancy ordinance whose purpose is to protect the public
18 health and safety, and the general welfare of the people of
19 the City.
20
1
Motion carried unanimously
24
25 9 . UNIFINISHED BUSINESS
26
27
28 A. Ordinance No. 1992-007 , Re: Storm Water Utility (Third
29 Reading)
30
31
32 Motion by Ranallo, second by Marks to approve the third
33 reading and adoption of Ordinance No. 1992-007 which is an
34 ordinance relating-to the construction, reconstruction, repair
35 and improvement of storm sewer systems and related facilities
36 and charges for the use and availability of storm water
37 facilities , amending the St . Anthony 1973 Code of Ordinances
38 by adding a new Section 260 .
39
40
41 Motion carried unanimously
42
43
44 The City Attorney advised that the Road Task Force has held
45 its final meeting. Its report will be presented to the Council
46 at its work session in October . He noted that presently the
City is taking bids for the first year of proposed road .
improvements . He feels the bids are good bids and the work is
49 planned for the winter months .
50
s
1 REGULAR COUNCIL MEETING
2 SEPTEMBER 8 , 1992
3 PAGE 20
4
5
6 10 . ADJOURNMENT
7
8 Motion by Marks, second by Enrooth to adjourn the meeting at
9 9 : 00 P.M.
10
11 Motion carried unanimously
12
13
14 .
15 Respectfully submitted,
16
17
18 Jo-Anne Student , Council Secretary
19
20
21
22
23 Mayor Clarence Ranallo
24
25
26
27 ATTEST:
28 City Clerk
29
30
31
32
33
34
35
36
37
38
39
•4 0
41
42
43
44
45
46
47
48 •
49
RRC ETNAN(`T'AI-SYSTFM ST ANSJ�ONY VI" AC
09./17/92 11 : 12 Check Register GL540R-VO4.09 PAGE
BANK VENDOR CHFCKs DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
000238 A T & T CREDIT CORP 3251 09/23/92 296.88
000058 AIRSIGNAL INC 3252 09/23/92 30.04
000130 AMERICAN NATL BANK 3253 09/23/92 200.-58
j 005038 ANIMAL CONTROL MG 3254 09/23/92 210.00
000010 AT & T CONS PROD DIV 3255 09/23/92 14 .68
-00o0I ROOKER T_S_ 3256 09/23192 3-54:.20
j 005060 BRAZIL/KIMBERLY 3257 09/23/92 20.00
000625 COPY DUPL PRODUCTS 3258 09/23/92 75.00
00OR60--ENGSTROM,/-RICHARD 3259 09/23/92 67-85
000920 FEED RITE CONTROLS 3260 09/23/92 44. 74
000967 FLAHERTY EQUIP CORP 3261 09/23/92 5.89
00097c, FITITTE/MARRHAll CONCRET 3262 09/23/92 64_7 _
001030 G & K SERVICES 3263 09/23/92 109.45
007057 GENEX 3264 09/23/92 38.87
001145 G1-ENWOOD ING OOn 396S 09193L99 24 45
001180 GOODIN COMPANY 3266 09/23/92 200.83
001230 GOPHER STATE ONE CALL 3267 09/23/92 25.00
001941 r_RACE/DUANE 321;R 09/2 /92 3.27.00
.00002 GRADY/THOMAS 3269 09/23/92 50.00
j 001410 HARMON GLASS 3270 09/23/92 321 .26
00 A HEALTH ONE TR17kJSTSERV. 3971 09193/99 ?II�00-
y .00001 HEIGHTS-NORTHEAST 3272 09/23/92 '• 50.00
001505 HENN CO SHEFIFF 3273 09/23/92 " 15.00
001501 HENNEPIN COUNTY TREASURE A274 09/23/92 11 .50
007220 HENNEPIN COUNTY TREE REC 3275 09/23/92 195.30
001601 INGMAN LAB 3276 09/23/92 77.00
00004 TASTREMSKI/CHARLOTTE 3277 0919 2 5_0-00
008068 JWP INFORMATION SYSTEMS 3278 09/23/92 95.96
001981 LMCIT 3279 09/23/92 14,716.25
002GL45 LONG I AKE FORD TRACSOR 328-0--QQ/23"92 2_4.0 84
002100 MACQUEEN EQUIPMENT CO 3281 09/23/92 7.53
.00005 MAROTSKE/HENRY 3282 09/23/92 150.00
^^ O-TOX 3283-0-9"/-23,L92 40 0.0
002240 METRO WASTE CONTROL 3284 09/23/92 35, 188.00
002380 MINNEGASCO INC 3285 09/23/92 589.61
008.1.49 N.I"LTLDISPOSAL_,_INC_ 328-6-09/_23/_9.2 295.60 _
002680 NORTHERN STATES POWER 3287 09/23/92 68.56
007217 PARTS PLUS 3288 09/23/92 95.33
002-940 P-OS-TMAST-ER 328SL_09_/_23"/_92 700-00--
003080 ROLLINS OIL CO 3290 09/23/92 11 .56
007304 STEPP MFG. CO. , INC. 3291 09/23/92 2,374.95
00356.0 TRACY-PRIN_LIN_G 329209/_23/_92-- 455._00____
.00006 TRAMM/KIM 3293 09/23/92 50.00
007044 TWIN CITY JANITOR SUPPLY 3294 09/23/92 155.27
002-700 US WEST-COMMUN-I-CA-LIONS 3295-0-9/23/-92 __367.56
003720 W W GENERATOR REBUILDERS 3296 09/23/92 32.72
.00002 W.W. GOETSCH ASSOC. INC. 3297 09/23/92 31 .90
FIRSTAR ST. ANTHONY CHECKING 58,566.89 **
I
ain th0
ills e
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 789-9602
PROCLAMATION
WHEREAS, the Congregation of Faith United Methodist Church in St. Anthony Village
is celebrating its 100th Year Anniversary this year.
This Church Community was established in December of 1892 and located
at Polk Street N.E. and 18-112 Avenue N.E. in Northeast Minneapolis. It.
was called the Second Swedish Methodist Episcopal Church.
The Church's Congregation moved to the St. Anthony Village area in 1953
and was called Ebenezer Methodist Church.
The Church has been at its present location in St. Anthony Village since
1957 and in 1956 took its present name of Faith United Methodist Church.
WHEREAS, during its first 100 years, the congregation has sought to be open and
friendly to all through its many programs and services. Its caring
throughout the years has been felt by countless men, women and children.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of St. Anthony Village is
pleased to recognize and congratulate the Church's congregation on the
100th Year Anniversary of Faith United Methodist Church
Mayor
Date
STAFF REPORT
s
DATE: September 17, 1992
TO: Mayor and Councilmembers
FROM: Connie Kroeplin, City Clerk
ITEM: PROPOSED ELECTION JUDGE LIST FOR NOVEMBER
3RD PRESIDENTIAL ELECTION
Precinct 1. Hennepin County
Ethel Plasek, Chair 3112 Armour Terrace
Patricia Bridgeman 2900 West Armour Terrace
Mary Schwaab 2913 Stinson Boulevard
Elvira Grundmayer 3013 Croft Drive
Helen Glotzbach 3108 Armour Terrace
Elaine Gorshe 2821 Stinson Boulevard
Joan Scovil 2907 West Armour Terrace
Precinct 2. Hennepin County
Louise Inhofer, Chair 2501 Lowry Avenue N.E.
Helen Crowe 2813 West Armour Terrace
Anne Arndt 3520 Coolidge Street
Lorraine Schmidt 3256 Old Highway 8
Nancy Morin 3331 Belden Drive
Richard Anderson 2560 Kenzie Terrace, #115
Russell Mancino 3609 - 37th Avenue N.E.
Ruth O'Connell 3012 Armour Terrace
Marlene Shudy 3525 Roosevelt Street
Precinct 1, Ramsey C
Marjorie Madden, Chair 3701 Foss Road
Caroline Zappa 2560 Kenzie Terrace, #122C
William Arndt 3520 Coolidge Street
Clare Mancino 3609 - 37th Avenue N.E.
Nancy Klucas 3529 Roosevelt Street
Dianne Rusler 2620 Kenzie Terrace, #129
• Jim Cobourn 3429 Coolidge Street
Denise Murphy (after 4 P.M.) 2412 - 27th Avenue N.E.
ST. ANTHONY MUNICIPAL LIQUOR STORES
1991 UNCOLLECTABLE CHECKS
Store One Off Sale
• Date Maker Amount Reason
January 7 Linda Puffer 16.14 N.S.F.
February 2 Douglas Skogsberg 4.65 N.S.F.
20 Randy/Ellen Anderson 46.67 Stop Payment
April 12 Matthew Meyers 10.81 N.S.F.
12 Matthew Meyers 11.59 N.S.F.
22 Marilyn Cepress 20.16 Account Closed
May 9 James Croft 22.00 Account Closed
10 James Croft 22.00 Account Closed
10 James Croft 22.00 Account Closed
13 Thomas Peterson 17.94 N.S.F.
28 Christine Mihalik 8.67 N.S.F.
June 3 Joseph Truchinski 15.24 N.S.F.
1 Timothy Rasmussen 59.61 Account Closed
August 8 Gary Patchen 58.40 Account Closed
12 Donna Clay 77.70 Signature
12 Donna Clay 54.17 Signature
16 Nancy Golling 81.50 Forgery
16 David Patterson 62.38 N.S.F.
9 Joe Peabody 40.76 Account Closed
23 Gross Common Carrier 741.02 Uncollected Funds
Sept. 30 Robyn Brask 133.76 Forgery
30 Neil Nordahl 181. 18 Forgery
11 Robert Hanson 13.25 N.S.F.
October 25 Billy Jo Lewandowski 46.75 Account Closed
November 6 Robert King 7.07 N.S.F.
19 Richard Conover 21.65 N.S.F.
25 Bradley Storch 18.84 N.S.F.
December 2 Liberty Telemarketing 90.31 N.S.F.
10 Michael Jacobs 11.98 N.S.F.
12 Rene Bauman 14.80 N.S.F.
20 Steve hopkins 16.55 N.S.F.
30 James Hermsen 8.04 N.S.F.
June 24 Chob, Inc. 250.00 Account Closed
November 22 Mark Mican 6.00 N.S.F.
$ 2,213.59
Store One On Sale
January 11 John Duffy 20.00 N.S.F.
4 R.C. Enterprises 20.00 Account Closed
11 Kenneth Ring 20.00 N.S.F.
11 Kenneth Ring 20.00 N.S.F.
14 William Hawk 20.00 N.S.F.
28 Linda Thomas 20.00 Account Closed
28 Linda Thomas 20.00 Account Closed
28 Linda Thomas 20.00 Account Closed
February 15 Robt. Monte - J. Clausen 10.00 Account Closed
26 Arthur Senty Haugen 25.00 Refer to Maker
March 29 Anthony Dorsett 30.00 N.S.F.
April 25 Terrance Webster 20.00 Account Closed
• May 3 Karen Batdorf 30.00 Stop Payment
10 James Croft 15.00 Account Closed
10 Anne Hansen 20.00 N.S.F.
1991 Uncollectable Checks Page 2
Store One On Sale Cont'd
May 10 Anne Hansen 20.00 N.S.F.
10 Anne Hansen 20.00 N.S.F.
• June 20 Lynette Awsamb 20.00 N.S.F.
28 Lori Kjoberg 15.00 N.S.F.
July 9 Susan Elmer 25.00 N.S.F.
24 Gary Patchen 20.00 N.S.F.
August 16 Paul Schieck 60.00 Stop Payment
20 Lee Eustis 10.00 N.S.F.
27 Brett Pfeifer 20.00 Refer to Maker
30 Sylvester Bryant 25.00 N.S.F.
September 10 Timothy Larson 15.00 N.S.F.
October 10 Dave Bush's Woodshop 20.00 Account Closed
November 21 Dean Wittsack 10.00 N.S.F.
27 Deanna Wolters 20.00 N.S.F.
December 2 Scwab Instruments 20.00 N.S.F.
31 Richard Zimmel 50.00 N.S.F.
$ 680.00
Store Two Off Sale
January 3 David Holt 18.10 N.S.Y.
18 Tammi/Robt. Johnson 50.29 N.S.F.
18 Megan Sturm 14.10 N.S.F.
29 John Lang 15.30 N.S.F.
February 13 Natalie Rekucha 6.29 N.S.F.
13 Greg Thompson 65.96 Account Closed
21 TNT Tours 25.30 Account Closed
27 Patricia Harness 24.28 Stop Payment
27 Todd Jones 19.37 N.S.F.
• March 7 Nancy Bouchard 15.28 N.S.F.
7 Nancy Bouchard 21.62 N.S.F.
12 Christopher Mesley 11.92 N.S.F.
12 Christopher Mesley 9.42 N.S.F.
15 Christopher Mesley 9.22 N.S.F.
15 Christopher Mesley 9.22 N.S.F.
15 Christopher Mesley 7.15 N.S.F.
15 David Peddycoart 10.08 N.S.F.
18 Devin Bergstedt 7.59 N.S.F.
19 Margaret Hapsch 9.08 N.S.F.
19 Christopher Mesley 13.88 N.S.F.
19 Christopher Mesley 11.92 N.S.F.
18 Christopher Mesley 18.64 N.S.F.
18 Debra Miller 7.05 N.S.F.
7 Nancy Bouchard 28.31 N.S.F.
26 Christopher Mesley 7. 15 N.S.F.
April 25 Wayne Reinhardt 16.58 N.S.F.
May 13 Den/Cheryl Rask 13.50 Refer to Maker
17 Christine/Joe Mihalik 4.33 N.S.F.
28 Christine Mihalik 8.67 N.S.F.
29 Christine Mihalik 9.59 N.S.F.
June 3 Marc Peterson 14.10 N.S.F.
4 JSB Designs 200.00 Account Closed
6 Thomas Sanborn 14.90 N.S.F.
24 Bradley LaCombe 10.41 N.S.F.
• July 1 Chob, Inc. 300.00 N.S.F.
15 Rick Dingman 28.32 N.S.F.
26 Gary Patchen 29.84 N.S.F.
Page 3
1991 Uncollectable Checks
Store Two Off Sale Cont'd
July 30 Allen Butler 26.79 N.S.F.
30 Nancy Williams 20.02 Signature
August 12 Donna Clay 48.20 N.S.F.
19 Mark Boemer - 44.44 Forgery
19 Lee Hassell 14.16 N.S.F.
23 Dempsey Miller 18.07 N.S.F.
26 Brett Pfeifer 21.17 Refer to Maker
September 10 Gabriel Besong 23.96 N.S.F.
10 David Carmen 35.72 Account Closed
10 Rpbert Jamspm 23.67 N.S.F.
25 -Hamidur Mia 39.11 Account Closed
October 8 Lisa Schwarzrock 7.61 N.S.F.
4 Scott MacDonald 49.53 N.S.F.
16 Farmers Market/Tri City Pkg. 310.12 Account Closed
21 William Kleinman 44.12 Forgery
November 12 Timothy Brawn 39.57 N.S.F.
15 Richard Sutton 7.95 N.S.F.
15 Richard Sutton 7.95 N.S.F.
December 3 Comdata Network 2.00 N.S.F.
April 5 Roy Rayburn 37.00 Forgery
$1,907.92
Store Two On Sale
February 27 Ronald Clark 25.00 Account Closed
March 19 Greg Thompson 10.00 N.S.F.
May 2 H. Clausen 20.00 Forgery
• 1 Wayne Reinhardt . 30.00 N.S.F.
17 H. Clausen 20.00 Forgery
23 Shrry Beck 20.00 Account Closed
June 4 Marc Peterson 25.00 N.S.F.
July 24 Gary Patchen 25.00 N.S.F.
October 21 Richard Raabe 10.00 Account Closed
25 Tammy Ceaser 20.00 N.S.F.
25 Scott Crandall 18.00 N.S.F.
December 16 Steve Hopkins 25.00 N.S.F.
$ 248.00
Store One Off Sale $ 2,213.59
Store One On Sale 680.00
Store Two Off Sale 1,907.92
Store Two On Sale 248.00
Total Check Write-Off $ 5,049.51
1991 Check Cashing Income 31,567.38
Net Profit on Check Cashing $ 26,517.87
1990 Write Off $ 4,007.70
Net Profit on CC 34,024.78
•
DORSEY & WHITNEY
"'- A P�rrx6aneix(xCLQDMO Pvore9�IOPLL Coeros�noxs
• 350 PARE AVENUE 220 SOUTH SIXTH STREET 201 FIRST AVEN—UE,S.W,SUITE 340
NEW YORK.FEW TORE 10022 ROCHESTER,MINNESOTA 55902
(212)415-9200 MINNEAPOLIS, MINNESOTA 55402-1498 (507)288.3156
1330 CONNECTICUT AVENUE.N.W. 612) 340-2600 1200 FIRST INTERSTATE CENTER
' WASHINGTON,D.C.20036 TELEX 29-0605 BILLINGS,MONTANA 59103
(202)857-0700 (406)252-3800
PAX(612)340-2868 —
3 ORACECHURCH STREET 507 DAVIDSON BUILDING
LONDON BCOV OAT,ENGLAND GREAT PALLS,MONTANA 59401
44-71-929-3334 WILlAM R.SOTS (406)727-3632
36.BUR TRONCHET (614 34G-2M 127 EAST FRONT STREET
75009 PARIS,PRANCE MISSOULA,MONTANA 59608
33-1-42-66-59.49 (406)721-6025
35 SQUARE DE MEE65 801 ORAN-D,SUITE 3900
2-1040 BRUSSELS,BELGIUM DES MOINES,IOWA 50309
32.2-504-46-11 (515)283-1000
September 18, 1992
Mr. Thomas D. Burt
City Manager
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418
RE: Sign Ordinance
Dear Tom:
• I have reviewed the sign ordinance, and the only change that I feel is necessary
from a legal standpoint is regarding political signs. I would revise Section 1400.08, Subd. 1
to read as follows:
Subd. 1. Political Signs. All noncommercial signs of any size may be posted
from August 1 in a State general election year until 10 days following the
State general election. For Independent School District No. 282 elections, all
noncommercial signs of any size may be posted from April 1 in a school
election year until ten days following the school election, which is the third
Tuesday in May of every year. Political signs are not allowed in the street
rights-of-way.
There were a number of questions at the last meeting regarding nonconforming
signs, etc. I am enclosing my letters of August 14, 1992 and August 26, 1992, which deal
with these issues.
If you have any further questions on this, please let me know.
Very t ly yours,
e�14— e, f.:4(
WRS:gle William R. Soth
• Enclosure
DORSEY & WHITNEY
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Mr. David Urbia
Management Assistant
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55413
RE: Sign Ordinance
Dear Dave:
After reviewing the memorandum from Kirk Cozine, which I.sent to you under
• letter dated August 14, 1992, I came across a statute which raises a question about our
ability to require the removal of nonconforming signs within a,specified period of time
(i.e., amortization of sign value over a period of years). Minnesota Statutes, Section
173.17(4), a copy of which is enclosed,states that no lawfully erected advertising device can
be removed until all rights have been acquired by purchase or eminent domain. Chapter
173, in which this section is located, deals with "scenic areas” as designated and established
by the State Commissioner of Transportation. It also deals primarily with interstate and
primary highways and the scenic areas adjacent to those highways. Reading Section
173.17(4) in context, it would not appear to be applicable to most signs within the City of
St. Anthony. If you read it literally, however, it states that signs cannot be required to be
removed without compensation.
If the City decides to pursue some plan of calling for the removal of
nonconforming signs after a period of years, we probably should look into this further and
try to determine whether the validity of such provision will be upheld..
Very truly yours,
William R. Soth
WRS:gle
Enclosure
•
MEMORANDUM
• TO: Bill Soth
FROM: Kirk Cozine
DATE: August 13, 1992
RE: City of St. Anthony sign ordinance
As requested, I have taken a quick look to see whether three provisions of the
new St. Anthony sign ordinance will work, and have found the following:
(1) The political signs restriction. Minn. Stat. § 211B.045, enacted in
1990, contains the following language:
In any municipality with an ordinance that regulates the size of
noncommercial signs, notwithstanding the provisions of that
ordinance, all noncommercial signs of any size may be posted from
August 1 in a state general election year until ten days following the
state general election.
• The provisions of the proposed ordinance, aimed at restricting the size of such signs
to 16 square feet, and the time of display.to four weeks prior to the election and three
days after-will thus be unenforceable.
(2) Requiring amortization of legal non-conforming signs. The
leading case on this issue in Minnesota is Naegele Outdoor Advertising Co. V.
Village of Minnetonka, 162 N.W.2d 206 (Minn. 1968) (see attached), which involved
an ordinance with a billboard amortization period of three years. Naegele had
challenged the amortization provision as unconstitutional on its face; the court
found that this was not the case "since several conceivable applications of the
ordinance are reasonable," id. at 213. Thus, the only question left was whether the
ordinance was unconstitutionally applied, an issue that "depends upon the facts of
that case." Id. at 215. Naegele, however, had not met its burden of presenting
enough evidence to establish that there had been a taking, and therefore could not
establish that it had not received just compensation.
Under this case, requiring amortization of non-conforming signs is legal. The
City will of course have to establish some valid reason for the restriction (I assume
that some purpose is included in the ordinance itself -- Minnetonka had determined
that zoning for residential use promoted the general welfare by increasing property
values and thereby increasing tax revenues.) Any party challenging the application
• of the ordinance will then have to show that as a matter of law a 10-year
amortization period is unreasonable (which is very unlikely), or that somehow the
application of that period to that entity constituted a taking without just
compensation (also unlikely).
(3) Can the City, after the end of the amortization period, remove the
sign and put these costs into the property tax if it does not receive payment? The
statutory authority I find for what the city proposes to do is contained in Minn. Stat.
§§ 463.16-463.21 (1990). This section is entitled "Hazardous and Substandard
Buildings," although in practice a building must be hazardous for the provision of
this section to come into play. Under these provisions, a municipality may order an
owner to remove or correct hazardous conditions in any building (defined in
§ 463.15, subd. 2 as "any structure" and thus covering signs). Minn. Stat. 463.16. If
the owner does nothing, the municipality may abate the hazardous condition itself,
in which case it may levy a special assessment against the real estate (pursuant to
Minn. Stat. §§ 429.061-429.081) for payment in not more than 5 annual installments
with 8% annual interest. Minn. Stat. 463.161. Under Minn. Stat. 429.061, subd. 2,
the assessment and accruing interest constitute a lien against the property
concurrent with general taxes. This statute will thus be of use, but only if the sign is
in hazardous condition.
In cases not covered by this statute, there is one other possible approach.
Minn. Stat. § 514.67 authorizes first and prior liens equivalent to tax liens for "any
inspection, examination or other governmental service of any nature now or
hereafter authorized or required by law," effective from the date of the service, •
provided that a proceeding to enforce the lien is begun within two years of the claim
becoming due. If removing the sign in the event the owner*does not do so after the
amortization period is an authorized governmental service (which it would seem to
be — if amortization of such signs is permissible, there must be some way to enforce
the scheme), it seems that the language of this provision is broad enough to create at
the least a first lien when the city removes the sign itself.
DORSEY & WHITNEY
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Mr. David Urbia
Management Assistant
City of St. Anthony
3301 Silver Lake Road
St. Anthony MN 55418
Re: Sign Ordinance Issues
Dear Dave:
• I have finally had a chance to have one of our summer associates do the sign
ordinance research you requested. A copy of his memorandum is-enclosed.
I believe you and I discussed the other two issues:
Issue #3: I would recommend that the City not try to remove any signs with
hazardous materials.
Issue #5: I would recommend against sign deposits. This would seem to
create more problems than it is worth. If you take a deposit, however, you
would not have to pay interest.
If you have any questions regarding the research, please give me a call.
Very truly yours,
William R. Soth
WRS:gle
Enclosure
City of Saint Anthony Proposed Sign Ordinance Revisions
• Draft #4 -- September 2 , 1992 Page -1-
CHAPTER 14. SIGNS
2 Chapter 1400 - SIGNS
3 1400.01 TITLE. This ordinance shall be known as the "Saint Anthony Sign Ordinance"
4 except as referred to herein, as "this ordinance".
5 1400.02 PURPOSE AND INTENT. It shall be the purpose and intent of this ordinance
6 to achieve the following objectives:
7 (a)...........To establish sf 'S!!:which:wputd-p:-:...
businesses jh.-the it.y
aireas.on.a...e
s and
....
QuIta dbo
'::.0o.r. U' A"'We'r' ,..themselves
"."'
............ .. ... ..
.........
(b) "To preserve and promote civic 9
......... X:X .. ........
be I . - ....
...
which
10 because sue, shape, height, Im.at t uttenna or.
..
11 >7lumihat 1 on:
..........
....
. .
;......t.. r.e...a..t 12 . signs Jn, shall.noe. ..
. ...
13 and ..
..e....:C...0..
t
land :buildings,
and A..q....M.......r...e....s.........
ry 6%r-d
4 prdjgct-Landscapes
..
u
....... ..........
15 1400.03 SCOPE. This ordinance applies to all signs in the City, and describes signs which
16 are prohibited, signs which may be erected only with a permit, and signs which may be
17 erected without a permit. This ordinance also contains certain requirements for all signs
is erected, administrative provisions for issuance of permits, procedures with respect to
19 variances, and penalty provisions.
20 1400.04 DEFINITIONS. For the purpose of this ordinance, the words and phrases in the
21 Section shall have the meanings set forth in this Section.
22 Subd. 1. ADVERTISING MESSAGE: that copy on a sign describing products
23 or services being offered to the public.
24 Subd. 2. ANIMATED SIGN: a sign which includes action or motion.
25 Subd. 3. BILLBOARD: a sign erected for the purpose of advertising a product,
26 event, person, or subject not entirely related to the premises on which said sign is
27 located.
28 Subd. 4. BUSINESS FRONTAGE: the linear frontage of that portion of a
-)g building facing the right-of-way and occupied by one separate business.
•
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft ,#4 -- September 2, 1992 Page -2- •
1 Subd. 5. CANOPY: a permanent roof structure attached to and supported by
2 the building.
3 Subd. 6. CHANGEABLE COPY SIGN: any sign which is characterized by
4 changeable copy, letters, or symbols, regardless of method of attachment.
5 Subd. 7. DIRECTIONAL SIGN: an on-premises sign designed to guide or
6 direct pedestrian or vehicular traffic.
7 Subd. S. ELECTRIC SIGN: any sign containing electrical wiring but not
8 including signs illuminated by an exterior light source.
9 Subd. 9. FLAGS: devices generally made of flexible materials, such as cloth,
to paper, or plastic, and displayed on poles, strings or wires, but excluding the flag of
11 any country or state.
12 Subd. 10. FLASHING SIGN: an illuminated sign which contains flashing lights
13 or exhibits noticeable changes in light intensity.
14 Subd. 11. GROUND SIGN: any sign which is freestanding by virtue of being
15 structurally independent of any structure or object, is affixed to the ground by means •
16 of a base with no visibility between the bottom of the sign and the base on which it
17 is attached and may make use of landscaping to enhance the appearance of the
18 signage.
19 Subd. 12. HISTORICAL IDENTIFICATION SYMBOLS: those symbols which
20 have historically been identified with the service the establishment provides, are
21 common to similar enterprises in all other localities and are not a particular
22 trademark or business identification.
23 Subd. 13. ILLUMINATED SIGN: a sign designed to give forth any artificial or
24 reflected light, either directly from a source connected with the sign or indirectly from
25 an artificial source, so shielded that no direct illumination from it is visible except on
26 the sign and in its immediate proximity.
27 Subd. 14. IDENTIFICATION SIGN: a sign which contains no advertising but is
28 limited to the name, address and number of a building, institution or person and to
29 the activity carried on in the building or institution or the occupation of the person.
..
3 o Subd 15 :.MAJOR ANCHOR a single tenant in°a:afopping center that �s a.....V...16
ast
31 200/o of the total square footage and �n excess of 50,000 aquare feet
32 Subd. 16 MARQUEE 'any`permanent roof like structure"projecting-,beyond 'a •
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft ,#4 -- September 2 , 1992 Page -3-
1 but7d�ng or'Pa►teadtng slang and proJecttng beyond the wall of the btatldtng; generally
2 destgned.and constructed to provide protectton from the weather
3 $ubd 17 lv1AQUEE SIGI�T any stgn attached to, to and►manner, or made a part
4 bf a marquee:
5 Subd. 18. PEDESTAL: A foundation or base of a ground sign which either
6 directly supports the signage or completely screens the supporting members of the
7 sign.
8 Subd. 19. PERSON: An individual, firm, association, organization, partnership,
9 trust or corporation.
10 Subd. 20. POLITICAL SIGN: Any sign which states the name or picture of an
11 individual seeking election or appointment to a public office, or pertaining to a
12 forthcoming election or referendum, or pertaining to or advocating political views or
13 policies erected on private property, which are erected by a bona fide candidate for
14 political office or by a person or group supporting such a candidate and which
15 contains the name of the person or group chairman responsible for the erection and
'_6 removal of the sign.
Subd. 21. PYLON SIGN: Any sign which is freestanding by virtue of being
18 structurally independent of any structure or object other than uprights, braces or
19 poles, without guywires or pedestal.
20 Subd. 22. PROJECTING SIGN: A sign other than a wall sign, which is affixed
21 to a building and projects outward more than 15 inches from the building wall or
22 structure.
23 Subd. 23. PUBLIC SERVICE SIGN: Any sign primarily intended to promote
24 items of general interest to the community.
25 Subd. 24. REAL ESTATE SIGN: A sign pertaining to the sale, lease or rental
26 of the real estate upon which it is located.
27 Subd. 25. ROOF LINE: The uppermost line of the roof of a building, or in the
28 case of an extended facade, the uppermost height of the facade.
29 Subd. 26. ROOF SIGN: A sign erected upon the roof or parapet of a building,
30 the entire face of which is situated above the roof level of the building to which it is
31 attached, and which is wholly or partially supported by the building.
Subd. 27. SHOPPING CENTER: Any group of four or more ale occupant
City of Saint Anthony Proposed Sign Ordinance Revisions •
Draft #4 -- September 2, 1992 Page -4-
1 retail steres or service establishments on one or more contiguous tracts of land in
2 single ownership, compromising 18,000 over 75,000 square feet of floor area with
3 parking provided on the tract or tracts of land for use in common by patrons.
4 Subd. 28. SIGN: Any structure, device, advertisement or visual representation
5 intended to visually advertise, identify or communicate information, or to visually
6 attract the attention of the public for any purpose unless located within a building
7 and not visible from the exterior of the building. Without limiting the generality of
8 the foregoing, the term includes any symbols, letters, figures, illustrations or forms
9 painted, or otherwise affixed to a building or structure, any beacon or search light
10 intended to attract the attention of the public for any purpose, and any structure or
11 device the prime purpose of which is to border, illuminate, animate or project visual
12 representation. Notwithstanding the foregoing, the term sign shall not include official
13 notices issued by any court or governmental body, notices posed by a public official
14 in the performance of official duties, or traffic control signs established pursuant to
15 governmental authority.
16 Subd. 29. SIGN SURFACE AREA: The area in square feet of the smallest
17 rectangular figure which circumscribes the area enclosed by the actual copy of a sign
18 including both sides of a sign with copy on both sides and including border and trim
19 of the sign. The supports, uprights or structures in which any sign is supported will •
20 not be included in determining the sign area.
21 Subd. 30. STREET: A public highway, road, alley or thoroughfare.
22 Stabd:<.31 :> STRIP MAIL> `An ou ::of four or moreccu ani rea: 'or service
2 3 establishments on _one or more contiguous tracts gi _..p>
24 square feet of£ioor area with harking provided on the
:..........:
25 tact or tracts fl£land fox use m common uy patrons::
26 Subd. 32. TEMPORARY SIGN: Any sign, banner, pennant, valance or
27 advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard
28 or other light materials with or without frames; intended to be displayed for a limited
29 period of time only.
30 Subd. 33. WALL SIGN: A flat sign which does not extend-efid more than 18
31 inches from the face or wall of the building upon which it is affixed, painted or
32 attached, running parallel for its whole length to the face or wall of the building, and
33 which does not extend beyond the horizontal width of such building.
34 Subd. 34. WALL SURFACE: The total surface area of the building face to
35 which the sign is attached, including windows and door areas, measured to the
36 extreme outer limits of the wall surface.
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft ,#4 -- September 2 , 1992 Page -5-
i Subd. 35. WINDOW SIGN: A sign affixed to or inside a window in view of the
2 general public, but excluding merchandise on display.
3 1400.05 APPLICATION.
4 Subd. 1. CONFORMITY: No sign may be erected, placed, altered or moved
5 unless in conformity with this Chapter.
6 Subd. 2. OTHER CODE PROVISIONS: Nothing in this Chapter may betaken
7 to relieve any person from complying with the provisions of any other Chapter of the
8 City Code.
9 1400.06 GENERAL REQUIREMENTS.
10 Subd. 1. SIGN PERMIT NOT REQUIRED: The changing of the advertising
11 message of a painted or printed sign, theater marquee or changeable copy sign, and
12 the painting, repainting and cleaning of signs will not require a sign permit, but will
13 otherwise be done in compliance with the Chapter and any other applicable law or
14 section of this Code.
Subd. 2. HAZARD AND HAZARDOUS SIGNS: No sign may by reason of
its location, color or intensity, create a hazard to the safe and efficient movement of
17 vehicles or pedestrian traffic. No private sign may contain words which might be
18 construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise
19 . resemble any official marker erected by a governmental body or agency, unless such
20 sign is a directional sign.
21 Subd. 3. FRAMEWORK OF SIGNS: When possible, the framework for the
22 lateral support of a sign must be contained within the sign's body or within the
23 structure of the building to which it is attached so as not to be visible.
24 Subd. 4. PLACEMENT OF SIGNS: No sign, or attachment to it, may be
25 erected, placed or maintained by any person on rocks, fences, or trees, nor in such
26 a manner as to interfere with any electric lights, power, telephone or telegraph wires,
27 or the supports thereof.
28 Subd. 5. MAINTENANCE: All signs,together with all of their supports, braces,
29 guys and anchors, must be kept neatly painted and posted. Every sign must be
30 maintained.by the owner or person in charge of the sign in a clean, Safe, sanitary, and
31 inoffensive condition and free of litter, rubbish and weeds.
2 Subd. 6. INSPECTIONS: All signs for which a permit is required may be
inspected by the City Manager, and a permanent record, including photographs, may
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft 14 -- September 2, 1992 Page -6- i
1 be maintained. The City Manager or the City Manager's designated representative
2 may, after notice to the owner, enter upon any property to ascertain whether the
3 provisions of this Chapter are being complied with. The City Manager may order the
4 removal of any sign that is not maintained in accordance with this Chapter. In
5 addition, the following inspections will be made:
6 (1) All signs requiring footings must be inspected to insure that suitable
7 footings, as determined by the City Building Inspector in accordance
8 with appropriate building codes, have been used. Footing inspections
9 will be required for all ground signs and pylon signs before the sign is
10 installed.
11 (2) Electrical inspections will be required for any electric sign.
12 1400.07 PROHIBITED SIGNS. Signs that are not specifically permitted in the Chapter are
13 hereby prohibited. Without restricting or limiting the generality of the provisions of the
14 foregoing, the following signs are specifically prohibited:
15 Subd. 1. BALCONY SIGNS: Balcony signs and signs mounted or supported on
16 a balcony.
17 Subd. 2. OBSTRUCTING SIGNS: Any sign that obstructs any part of -a •
18 doorway or fire escape.
19 Subd. 3. EXTERIOR SIGNS: Signs, including those intended for viewing only
20 from the interior of a building but which can reasonably be viewed from exterior of
21 the building, which by reason of position, shape, wording, color, or any other
22 characteristic would interfere with the proper function of a traffic sign or signal, or
23 otherwise constitute a traffic or safety hazard.
24 Subd. 4. SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC
25 EASEMENT.
26 Subd. 5. SEARCHLIGHTS, FLAGS OR WHIRLING DEVICES.
27 Subd. 6. SIGNS ON GLASS DOORS: Signs on glass doors which total sign
28 surface area exceed 20% of the glass area of the door. The sign surface area of
29 nameplates and address identifications and pedestrian directives such as"pull',"push",
30 "entrance", "exit", "use other door", "caution", and other instructions shall be included
31 with the sign surface area of all other signs on a glass door for the purpose of
32 determining the total sign surface area of such door.
33 Subd. 7. SIGNS NEAR LOTS: Signs other than wall signs which have any •
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft #4 -- September 2 , 1992 Page —7-
1 surface area or structural member closer than 10 feet to a side lot line.
2 Subd. 8. SIGNS NEAR PROPERTY LINES: Signs which project beyond the
3 property line of the property upon which the sign is located.
4 Subd. 9. SIGNS NEAR ROOFS: Signs projecting more than 5 feet above the
5 roof line of the structure to which it is affixed.
6 Subd. 10. ADVERTISING SIGNS: Signs intended to be for the purpose of
7 advertising in R-1,RLI.A, R-2, R-3, and R-4, including those intended for viewing only
8 from the interior of a building but which can reasonably be viewed from the exterior
9 of the building.
10 Subd. 11. SIGNS ON WALLS: Wall signs having a sign surface area exceeding
11 15% of the area of the wall surface to which it is affixed.
12 Subd. 12. PROJECTING SIGNS. Sign. -constructed s that' the message or
13 commun�cat�on �s not flat a amsa the si structure
.........................::::....:.:. ......................:
::.
4 Subd. 13. FLAT SIGNS.2 message
itien is net flat against the sign str-tieture.
16 Subd. 13. SIGNS AFFIXED TO UTILITY POLES AND FENCES.
17 Subd. 14. EMITTING SIGNS: Signs which emit sound, odor or visible matter.
18 Subd. 15. ANIMATED SIGNS.
19 Subd. 16. FLASHING SIGNS: Flashing signs except any portion giving time,
20 temperature or weather.
21 Subd. 17. SIGNS ATTACHED TO A VEHICLE. Signs attached to ave
22 . Veh cles "' .incor'.oratzd?or attacl:ed ignage
P
23 parked primari-1.:::.f y or use as a sign shall not be parked m any zone far more than 72
.... .........................
24 hours:
..............
...............
..............
25 Subd. 18. BILLBOARDS.
26 Subd. ,19: ::SIGNS ON` BUS::SHELTERS All types of a�gns eKCept for, bus
27 schedules and identification information:
1400.08 SIGNS REQUIRING NO PERMITS: Signs described in this Chapter, if they meet
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft 14 -- September 2 , 1992 Page -8-
1 all other requirements of this Chapter, may be erected without a sign permit.
2 Subd. 1. POLITICAL SIGNS:
3 suffeee area of 16 square feet eaeh, displayed pr-i-,,ate pFepeny fer- a period e
4 niefe than feur- weeles pr-ier- te the peninew eleetien date and fiet fner-e than three
....:.;..::::.:::
5 All:poncommerc,a� signs of any„size may ._ haste.....
6 from August i at3 election year tntiI#en days following the general electron. For
7 independent Schoo3 Dtstnct Number 28� electrons, all noticommercta .slgrls of any
8 sue may be hostedrorrr Apn7 I >n an electtor yearnttt ten days following the
9 electron, which�s the third Tuesday ttt lVfay of every year All poltucal signs are nod
10 allowed �n the-street rt htof wa s
11 Subd. 2. DIRECTIONAL SIGNS: Directional signs having a surface area not
12 greater than 5 square feet.
13 Subd. 3. CONSTRUCTION SIGNS: Signs denoting the architect, engineer, or
14 contractor, when placed upon work under construction, provided that the total sign
15 surface area of all such signs does not exceed the greater of 12 square feet or a ratio
16 of one square foot of sign surface per 100 square feet of floor space in the
17 construction project, up to a maximum of 32 square feet.
signs or tablets, or names of buildings
Subd. 4. MEMORIAL SIGNS: Memorial si •
18 g
19 and date of erection when cut into masonry surface or constructed of metal or stone
20 and attached to the building, not exceeding a sign surface area of 4 square feet.
21 Subd. 5. IDENTIFICATION SIGNS: One identification sign per residential
22 dwelling unit, which shall not exceed a sign surface area of 4 square feet per surface
23 and shall have no more than two sign surfaces, and one address sign on the curb in
24 front of each dwelling unit.
25 Subd. 6. THIRTY DAY SIGNS! Signs whieh do fiat ha%,e a sign suffaee area
26
27 fiet te emeeed 30 days h.
28 Subd. 6. FREESTANDING SIGNS: Freestanding signs for garage sales or
29 similar event occurring within the corporate limits of the City, not exceeding 4 square
30 feet in sign surface area, erected on private property with permission of the land
31 owner, and displayed for not more than 3 consecutive days.
32 Subd. 7. WINDOW SIGNS: Temporary or permanent window signs duly
33 authorized by zoning and other laws of this City, provided that all such signs on a
34 frontage shall not have a total sign surface area greater than 50% of the glass area,
35 excluding doors, on such frontage and provided that a minimum of one-half of the
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft #4 -- September 2, 1992 Page -9-
1 open window space must be below a horizontal line which is 5 feet above the interior
2 floor of the commercial establishment. Merchandise displays in windows shall not be
3 considered a part of the sign area if such display is not intended to be continued for
4 a period of more than 8 weeks.
5 Subd. 8. ON-SITE TEMPORARY SUBDIVISION SIGNS: One on-site temporary
6 sign advertising a group of lots for sale within a subdivision or group of houses for
7 sale within a housing project, provided that the total area of such sign shall not
8 exceed 64 square feet with no single dimension in excess of 16 feet. The display of
9 such sign shall be limited to a 6-month period. At the expiration of such.period, the
10 applicant may request a further extension of time, otherwise the sign must be
11 removed.
12 Subd. 9. TEMPORARY SIGNS, OTHER THAN POLITICAL SIGNS: Temporary
13 signs, other than political signs, pertaining to drives or events of civic, philanthropic,
14 educational or religious organizations, provided permission of the City Manager must
15 be obtained to erect such signs upon or over public property and provided further
16 that such signs shall not be erected or posted for a period of more than 14 days prior
17 to the date of the event and must be removed within 3 days after the event. If""""8 permusicin snot obtained front the City IVlanager, the sign shall be removed
immediately.:
20 Subd. 11. FLAGS AND EMBLEMS: Flags and emblems of political go e'rnrrment 1,
21 civic philanthropic,educational or religious organizations.
Flasofa}e! nt°ed States
� P P g g
22 the state, the city, foreign nationals ha th the TJntte
23 States, and any other flag adopted or sanctioned by an erected ]egtslative holy or:
24 competentunsc�iction, provided that such a flag shall not exceed 64 square feet err
25 area and shall not be flown from a pole the tap:of which is:mote than.40 feet art
26 height These flags;must be t7gwn an. accordance with_protocol estabhsiied by the
27 Congress.of the United State.sfor the Stars and Stripes Any flag not"meeting any
..
28 one or..more of these conditions sha. e considered a temporary sign and shall be
........
29 subject to regulation as such
30 Subd. 12. RESIDENTIAL REAL ESTATE SIGNS: Real estate signs, provided the
31 combined sign surface area of such is not greater than 6 12, square feet. Real estate
32 signs must be removed within 7 days after the closing date .
33 Subd. i3: COMMERCIAL REAL:ESTATE SIGNS:'.",Real estate signs,provide' t d
34 combined sign surface' area of such is'.:not greater. than.3� scjuare,feet: Real estate:
35 signs must be-.renioved within 7 days after.the.closing 'date
•6 Subd. 14. SIGNS AFFIXED ON BENCHES AT PUBLIC BUS STOPS
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft 14 -- September 2 , 1992 Page —10-
1 1400.09 SIGNS REQUIRING PERMITS
2 Subd. 1. PERMITS REQUIRED: No person shall erect, place, rebuild, alter or
3 move a sign, other than those described in Subsection 1400.07.
4 Subd. 2. PERMIT FEES: A sign permit fee must be paid in accordance with the
5 €6liewin schedule n Sect b°n xxx .
6 Total Ge-ts Lee
a �.
7 (Aa determined by the City BuRding inspeeter,
8
9 $1.00 . $509.00 Q�c nn
10 O:ef $500.00 $25.00 plus lus $4 nn p
re
11 $!09.90 e f ewes : eme
12 ef $509.09
13 Subd. 3. APPLICATION FOR PERMIT: Every application for a sign permit
14 must be accompanied by a plan or plans drawn to scale and including:
15 (1) The dimensions of the sign and where a pp licable the dimensions of •
16 the wall surface of the building to which it is to be attached.
17 (2) The maximum and minimum height of the sign.
18 (3) The proposed location of the sign in relation to the face of the building
19 in front of which or above which it is to be erected.
20 (4) The proposed location of the sign in relation to the boundaries of the
21 lot upon which it is to be situated.
22 (5) If the sign is to be illuminated, the technical means by which this is to
23 be accomplished and the hours of illumination.
24 (6) Where the sign is to be attached to any existing building, a diagram or
25 photograph of the face of the building to which the sign is to be
26 attached.
27 (7) The name and address of the owner of the sign and the address of the
28 property where the sign is located.
29 (3) Where a ground level sign is proposed with berming, a diagram
-1• City of Saint Anthony. Proposed Sign Ordinance Revisions
iDraft 14 -- September 2, 1992 Page -11-
1 showing grade level and dimensions of the berm.
2 (9) ' Where a shopping center's comprehensive sign plan is submitted, the
3 plan must include the location, size, height, color, lighting and
4 orientation of ALL signs.
5 (10) Where a ground sign is submitted, the plan must include the location
6 of the sign in relation to the lot lines and the building height, including.
7 any difference from the established grade, size, color, lighting and
8 hours of illumination.
9 Subd. 4. PERMIT ISSUANCE.
10 (1) Each application must be reviewed for compliance by the City
11 Manager or the Manager's designee.
12 (2) If the proposed sign complies with this Chapter, a permit will be issued
13 within 30 days after the application date.
4 (3) A sign permit will become null and void if the work for which the
permit was issued has not been completed within one year of its
6 issuance, or renewed. Application for renewal will consist of the same
17 procedures as the initial application for permit, including payment of
18 any fee.
19 Subd. 5. SHOPPING CENTERSISTRIP::`MALL COMPREHENSIVE SIGN PLAN:
...._............_............._.
20 A comprehensive plan must be provided for the whole of a shopping center
21 development. This plan includes the location, size, height, color, lighting and
22 orientation of all signs, and must be submitted for preliminary plan approval. When
23 a comprehensive plan is presented, exceptions to the regulations of this Chapter may
24 be permitted if the sign areas and densities for the plan as a whole are in conformity
25 with the intent of this Chapter and if such exception results in an improved
26 relationship between the various parts of the plan as determined by the Council.
27 Comprehensive.Sign Plans will be reviewed by the City Planning Commission who will
28 forward a recommendation to the Council on the appropriateness of the proposed
29 plan.
30 1400.10 GROUND SIGNS: Are permitted in all districts, subject to the following:
31 Subd. 1. PERMIT APPLICATION: A permit is applied for in accordance with
32 Subsection 1400.'03.
Subd. 2. HEIGHT:
City of Saint Anthony Proposed Sign -Ordinance Revisions
Draft #4 -- September 2, 1992 Page -12-
1 (1) The sign does not exceed 5 feet in height, except as permitted under
2 -Subd. 4 of this Subsection.
3 (2) The berming of a sign location will be considered in the height of a
4 sign if the berm is more than 3 feet in height.
5 (3) For every foot a sign is less than the maximum height permitted, there
6 will be allowed an additional 4 square feet of sign surface area, up to
7 a total of 12 additional square feet.
8 Subd. 3. SURFACE AREA:
9 (1) Signs having one copy surface may have up to 20 square feet of surface
10 area, plus any bonus under,Subd. 3 of this Subsection.
11 (2) Signs having two or more copy surfaces may have up to 32 square feet
12 for all surfaces, plus any bonus under Subd. 6, B, 3 of this Subsection.
13 Subd. 4. LANDSCAPING:
14 (1) Signs which are landscaped in accordance with this Chapter, will be
15 entitled to a height bonus of 3 feet (total maximum height of 8'feet).
16 (2) The minimum required landscape area, excluding the pedestal area to
17 qualify for the height bonus, must be at least 1.5 times the sign surface
18 area.
19 (3) Landscaping must consist of shrubs, plants, rocks or other
20 decorative materials located around the pedestal.
21 Subd. 5. DESIGN AND LOCATION:
22 (1) Signs must maximize the use of natural materials in construction and
23 should conform to the material design of the principal structure.
24 (2) Signs must be located at least 5 feet from any street or other easement.
25 (3) To qualify for a permit, the pedestal width of a ground sign must be at
26 least equal to the sign width.
27 (4) The principal structure of a parcel of land will be allowed one ground
28- sign, regardless of the number of tenants in the structure.
City of Saint Anthony Proposed Sign Ordinance Revisions
0 Draft 14 -- September 2, 1992 Page -13-
1 1400.11 WALL SIGNS: The sign surface area of a wall sign may not exceed 15% of the
2 area of the wall to which it is applied.
3 1400.12 DISTRICT SCHEDULES: Signs shall be permitted as set forth in the following
4 provisions:
5 Subd. 1. RESIDENTIAL: The following signs are permitted in a residential district:
6 1 I - R-1A &R=2 One identification sign per dwelling unit per irigi a
O
7 of;way"frontage: -
i..................:.:
8
9 . Additionally one address sign on the curb in
10 front of each dwelling unit or on a freestanding mailbox.
11 2 & �2- Each multi le dwellin com lex nineprr:4re`u'rt :will
12 be alloed one monument
w sign identifying the complex.
13 The sign may not exceed 50 square feet in sign surface area. The sign
14 structure including the sign surface area, may not exceed 150 square
15 feet in area. The highest point of the sign may not be more than 10
'6 feet above ground level.
t (3) Each church located within the corporate limits of this City, subject to
18 approval of size, location and type by the City Manager, may erect and
19 maintain a maximum of three directional signs on municipal rights-of-
20 way. No church may erect or maintain more than one such sign at any
21 intersection.
22 Subd. 2. COMMERCIAL AND LIMITED BUSINESS: The following signs are
23 allowed in a "B" Service Office Limited Business District and "C" Commercial
24 Districts and may be erected after obtaining a permit and paying a required license
25 fee.
26 (1) One identification sign per commercial establishment. The sign may
27 have no more than 2 square feet of surface area per lineal foot of
28 business footage, up to a maximum of 150 square feet. The total area
29 of all wall signs affixed to a wall may not exceed 15% of the total area
30 of the wall.
31 (2) A gasoline station will be allowed, in addition to all other authorized
32 signs, one pylon sign to identify the gasoline brand. This sign may not
33 exceed 30 feet in height, and must have a minimum clearance of 12
4 feet from the basic grade level to the lowest element of the sign
surface and may not exceed 150 square feet, including both sides, in
City of Saint Anthony Proposed Sign Ordinance Revisions
Draft 14 -- September 2, 1992 Page -14-
1 sign surface area. Such an establishment will also be allowed one price
2 sign, not to exceed 8 square feet in sign surface area, for each frontage
3 having a curb cut. Such freestanding sign and price signs will be in
4 addition to those signs allowed in Part A of this Subdivision.
'ut� o h
5 ( j:. Upon subm�ttat of a comprei�ensive sign plan a J t t . .
6 approval of the City Council, a shopping,center fiver 7.7 feet rnay-
7 have major anchor/tenant monument sign(sj depending upon tti
8 number of major anchors The #oral sign area shall not exceed 300
9 square feet.
io iron submittal of a. compre�enstve sign1a0 ,andsubjet tot e
11 approval fli the City Caunc�l,a shopping center over X5,000 square feet
12 may be:allowed additional wall si s for coirimerc al establt$tim,nts
p
13 that need additional a osure from dif£exent vanta a mts, T;te
xP
g
14 mimber of additional;€'vigil si ns will not exceed one half the tbt2f
g..:.:::....:::..::......
15 hum ber:of commercial establishments and will be allowed a:surface
16 sign area of one half of that which it is allowed
17 S`: A commercial establishment located within a shopping center, having no
18 outside frontage, will be allowed a surface sign area of one-half of that which
19 it would be allowed if it had outside frontage.
20 Commercial establishment will be allowed, in addition to all other authorized
21 signs, one historical identification symbol, not exceeding (5) five square feet
22 in sign surface area.
23 (7) Subjectao approval of the Council, and as a conditional use, a mo:.::...;..
24 tieatre may have a marquee The total sign area for a marqueeslgt
25 shall not exceed 200 square:fezt
268 ' Jpon ubmittal of a corn rehetiswe:sin lan and sub ect to approval
P g P J
27 of: the City Council a stn mall under 75,000 s ogre feet and a
P 9
28 shopping center over 75,000 square.fee tray be allowed a monument
29 sign;with a surface `sign area not to exceed 150 square feet;
30 (9�.: Upon submittal.of a:coinprehznsive sign plan and suliject to:approval
31 of..the.City..Council, a major:anchor/tenant:over:50,000 square feet:ir
32 a shopping.renter..ovCr 100,000 square feet may;have a wail'sign that
33 isaup to four times the Sign surface area:of which is allowed for other
34 commercial establishments:
35 (1:0) Sobject to' approval' of'the Council,`a :searchlight is permitted'46 r a ,
City of Saint Anthony Proposed Sign Ordinance Revisions
iDraft #4 -- September 2 , 1992 Page -15-
speciaI event not to exceed three consecutive nig as
2 Subd. 3. LIGHT INDUSTRIAL: The following signs are permitted in a Light
3 Industrial District and may be erected after obtaining a permit and paying required
4 license fee.
5 (1) One business or identification canopy or wall sign per:;:rigt=ofay
6 �rgnta a pertinent as regulated in Subsection 1400.11, Subd.2B, or one
7 freestanding sign as regulated and permitted in Subsection 1400.09
8 (2) In a district zoned for light industrial businesses, signs containing one
9 square foot for every 100 square feet of ground floor space will be
10 allowed up to a total sign surface area of 150 square feet.
11bd, RECREATIONAL O�E3 SP}�CE The follajv�ng signs are permittedn
12 $ ecreattonal Open_Space Des#rict$ d mny be exec#ed after obtautmg a pertiut`7itd
,..<..
13 pe ng e-q u red license'fee
14
ecto a royal of the Cflunc ,montymentand wallgs`areon y
5Ilowed in this district. "The monument sign may have a signurfc
area not to exceed X50 square feet The sign surface area o a wait
7 sign. nay not exceed 15°l0 of;the area of the.wall to which 3t is applied
is 1400.13 ADJUSTMENTS AND APPEALS.
19 Subd. 1. COMPOSITION: The commission of adjustments and appeals will be
20 comprised of all-e€ the members of the planning commission.
21 Subd. 2. POWERS AND DUTIES: The commission will hear and make
22 recommendations to the Council regarding:
23 (1) Appeals where it is alleged that there is an error in any order,
24 requirement, decision or determination made by an administrative
25 officer in the enforcement of this Chapter.
26 (2) Petitions for variances from the literal provisions of ordinances in
27 instances where their strict enforcement would cause hardship because
28 of circumstances unique to the individual property under consideration.
29 The commission may recommend the granting of such variances only
30 when it appears upon evidence presented that:
1 1. Tile granting of the variance will not be detrimental to the other
property in the neighborhood or City; and
City of Saint Anthony Proposed Sign Ordinance Revisions .
Draft 14 -- September 2, 1992 Page -16-
1 2. A particular hardship to the applicant would result if the strict letter
2 of the regulations are adhered to; or
3 3. The conditions upon which the application for a variance is based
4. are unique to the sign or to the parcel of land for which the variance
5 is sought and are not applicable, generally, to other property within the
6 same land use classification.
7 1400.14 VARIANCES
8 Subd. 1. VARIANCES GRANTED: Variances may be granted by the Council after
9 a hearing is held by the Planning Commission and a recommendation is made to the
10 Council. Notices will be given, and a public hearing will be held, in the manner
11 provided in Section xx, Subd..xx, Item xx, of this Code's Zoning Chapter 16. 3-Wd-
v.}:.}:: r.....}}}'.:.v..r...}•.x}:?:: ?ry}:.:.}}}}}:::r.:.'i???-:!.}:}}:::}::'•;}'::.}}:.''}}:}%•}}::,�r.:n}vi::ir,.:;}}}}:.".
12 toslatton vl sign(s trust taI{e place}w�t �o one }►ear a 'terv �ant a has: ee
13 granted b}r the City Covnctl�
14 Subd. 2. MAJORITY VOTE: A majority affirmative vote of Council members
15 present is required to approve a variance.
16 Subd. 3. FEE: An application for-a variance must be accompanied by the fee
17 provided in Section xx.
18 1400.15 NON-CONFORMING SIGNS
19 Subd. 1. LEGAL CONFORMING: All signs existing as of March 10, 1983
20. conforming to the requirements of this Chapter and not requiring permit under the
21 provisions of this Chapter, may be maintained so long as they continue to comply
22 with the provisions of this Chapter, as it may from time to time be amended.
23 Subd. 2. LEGAL NON-CONFORMING SIGNS: All signs existing as of March 10,
24 1983 which would be prohibited by this Chapter, or which would require a permit
25 under this Chapter but have not received a permit, will be deemed to be legal non-
26 conforming signs. Legal non-conforming signs may continue to exist without a permit
27 and without constituting a violation of this Chapter until one or more of the following
28 occurs:
29 (1) The sign is structurally altered (except for normal maintenance) in a
30 way which makes the sign less in compliance with this Chapter than it
31 was before the alteration.
32 (2) The sign is relocated to a position making it less in compliance with
33 this Chapter than it was before the relocation.
• City of Saint Anthony Proposed Sign Ordinance Revisions
Draft #4 -- September 2 , 1992 Page -17-
1 (3) The sign is replaced.
2 (4) Any new primary sign is erected or placed in connection with the
3 enterprise using the legal non-conforming sign.
4 1400.16 ENFORCEMENT: If a sign is in violation of this Chapter, or is in danger of
5 falling, or is otherwise a menace to the safety of persons or property, the City Manager may
6 give to the owner of the property on which the sign is located, written notice specifying the
7 violation, ordering the cessation of the violation and requiring either the removal of the sign
8 or remedial work in the time and manner specified in the notice. In the event of failure to
9 comply with the notice within 30 days, the City Manager may remove the sign or cause such
10 remedial work to be done. The cost of the work performed by the City must be paid to the
11 City by the owner of the property by certifying the costs to the County Treasurer for
12 collection in the same manner as real estate taxes. If a sign which has been removed is not
13 reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise
14 disposed of by the City. If a sign is found.to be an immediate danger to the public because
15 of its unsafe condition, it may be removed without notice, and written notice of removal and
16 reasons for the removal will be given to the owner of the property on which the sign located
17 as soon as possible.
First Reading: September 8 , 1992
Second Reading: September 22, 1992
Adopted:
CITY OF ST. ANTHONY
• . ORDINANCE 1992-0 0 9
AN ORDINANCE RELATING TO INSPECTION AND LICENSING
OF APARTMENT BUILDINGS, AND HOUSING AND
MAINTENANCE; AMENDING THE ST. ANTHONY 1973 CODE OF ORDINANCES
BY AMENDING SECTION 310:00 AND BY ADDING A NEW SECTION 355:00
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 310:00 of the St. Anthony 1973 Code of Ordinances is
amended in its entirety to read as follows:
Section 310 INSPECTION AND LICENSING OF APARTMENT BUILDINGS
Section 310:00 Purpose. It is the purpose of this Section 310:00 is.to protect the
health, safety and welfare of citizens of the City who have as their place of abode a
living unit in a apartment building (as defined in the City's Zoning Code).
Section 310:05 Intention. It is the intention of this Section 310:00 is that a mode of
protecting and regulating the living conditions of citizens residing in apartment
buildings in the City be established, and that uniform standards be established for all
apartment buildings in the City.
Section 310:10 License Required. No person, partnership, corporation or other
group or entity shall own or operate a apartment building (as defined in the City's
Zoning Code) in the City without the owner first having obtained a license in
accordance with this Section 310:00.
Section 310:15 Ayylication for Licenses. Applications for licenses shall be made in
writing to the Clerk by the owner of the apartment building on forms provided by
the City. The purchaser of a apartment building may apply as the "owner";
provided, however, that any license issued pursuant to an application by a
purchaser shall be contingent upon closing the purchase and upon the applicant
becoming the owner. Applications shall include, but not be limited to, the
following information with respect to the apartment building:
(a) Name and address of owner.
(b) Name and address of a person residing or having a business office in
Hennepin or Ramsey County, Minnesota and appointed by the owner as an
agent for purposes of notices under this Section 310:00 and for service of
process upon the owner.
. (c) Name and address of any managing operator or agent.
(d) Name and address of all partners if the applicant is a partnership.
(e) Name and address of all officers and members of the board of directors if the
applicant is a corporation.
(f) Name and address of the contract for deed vendor if the apartment building is
owned under a contract for deed.
(p) Legal address of the apartment building.
Number and kind of units.
(i) Height of the apartment building in stories.
(j) Exterior finish of building.
Section 310:20 Avvlication, Execution. The application shall be subscribed and
sworn to by the owner, and shall be signed by (i) the owner if a natural person; (ii)
an officer if a corporation or (iii) a partner if a partnership. The owner's,signature
on the application shall constitute (i) a consent by the owner to be bound by notices
• sent to the person referred to in Subsection 310:15(b), and (ii) appointment of that
person as the owner's agent for the purpose of service of process.
Section 310:25 Issuance and Term. Upon approval by the City Council, the City
Clerk will issue a license to the owner of the apartment building. A license will be
personal to the owner of a specified apartment building. No license may be
transferred to a purchaser of a apartment building or to any other person or entity.
If a apartment building is sold, the purchaser shall not own or operate the
apartment building without first obtaining a new license. A license will be valid for
one year from the date issued, and will terminate on a date one year after the date of
issuance unless renewed in accordance with Section 310:30.
Section 310:30 Renewal. Applications for renewal of a license for a multiple
dwelling shall be made in writing to the City Clerk on forms provided by the City.
Applications for renewal must contain the same information as applications for
licenses, but may be signed by an agent or manager on behalf of the owner if there
ha; been no change in the information contained in the most recent application on
file.
Section 310:35 License Fees. License fees for initial applications and renewals shall
'be in the amounts set from time to time by resolution of the City Council.
-2-
• Section 310:40 Pow. Every.licensee of a apartment building shall post the current
annual license issued by the City Clerk in a frame with a glass covering in a
conspicuous location in a public corridor, hallway, or lobby of the apartment
building for which it is issued.
Section 310:45 Tenant Register. The licensee shall, as a continuing obligation of its
license, maintain a current register of tenants and other persons who have a lawful
right to occupancy of apartments within the apartment house. In its application, the
licensee shall designate the person or persons who will have possession of the
register; and shall promptly notify the City Manager of any change of the identity,
address or telephone numbers of such persons. The register shall be available for
inspection by the City Manager, or his/her designate, at all times.
Section 310:50 Inspections.
(a) The City Manager and delegated inspectors are hereby authorized to make
inspections reasonably necessary to the enforcement of the City's ordinances,
but at least annually.
(b) All police officers, sanitarians, or health-officers of the City may inspect a
apartment building when requested by the City Manager.
• (c) All persons authorized to inspect shall have the authority to enter, at
reasonable times, any licensed apartment building.
(d) Persons inspecting a apartment building shall notify the licensee of all
violations, if any, by written notice. The notice shall direct compliance in not
less than 15 days, unless extended by the City Manager'for good cause.
Section.310:55 Revocation or Suspension.
(a) Every license issued under this Section 310:00 is subject to the right, which is
hereby expressly reserved, to suspend or revoke the same should the.licensee
or the licensee's agents, employees, representatives or lessees directly or
indirectly operate or maintain a apartment building contrary to the
provisions of state or federal law, this or any other ordinance of the City, or
any permit issued by the City.
(b) A license may be suspended or revoked by the Council after written notice to
the licensee specifying the violations. The notice shall also specify the date
for a hearing before the Council, which shall not be less than 10 days after the
date of the notice.
• -3-
(c) At the hearing, the licensee may present any evidence relevant to the •
violations specified in the notice.
(d) After a hearing, the Council may suspend or revoke the license if deemed
necessary to protect the public health, safety or welfare.
Section 310:60 Summary Action.
(a) When the conduct of a licensee or the licensee's agent, representative,
employee of lessee, or the condition of the licensed apartment building,
constitutes a nuisance, fire or health hazard, unsafe or dangerous condition,
or other emergency, the City Manager may summarily condemn or close off
the apartment building or a portion thereof.
(b) Any person aggrieved by a decision of the City Manager shall be entitled to
appeal to the Council, immediately, by filing a notice of appeal with the
Manager. The Manager shall schedule a date for hearing before the Council
_--and-notify the aggrieved-person-of-the-date:—-- --
W The hearing shall be conducted in the same manner as if the aggrieved
person had not received summary action.
(d) The decision of the City Manager shall not be voided by the filing,of such S
appeal. Only after the City Council has held its hearing will the decision of
the City Manager be affected.
Section 310:65 ARRlicable Laws. Licenses shall be subject to state and federal laws
and all ordinances of the City relating to apartment buildings; and this Section
310:00 shall not be deemed to supersede or limit any other applicable law or
ordinance.
-4-
• Section 2. The St. Anthony 1973 Code of Ordinances is amended to add a new
Section 355:00 to read as follows:
Section 355 HOUSING MAINTENANCE AND OCCUPANCY
355:00 Purpose. The purpose of this Section 355:00 is to protect the public health,
safety, and the general welfare of the people of the City. These-general objectives
include, among others, the following:
(a) Protect the character and stability of residential areas within the City.
(n) To correct and prevent housing conditions that adversely affect or are
likely to adversely affect the life, safety, general welfare and health,
including physical, mental and social well-being of persons occupying
dwellings within the City.
(c) Provide minimum standards for cooking, heating, and sanitary
equipment necessary to the health and safety of occupants-of buildings.
(d) Provide minimum standards for light and ventilation, necessary to
health and safety.
i (e) Prevent the overcrowding of dwellings by providing minimum space
standards per occupant for each dwelling unit.
(f) Provide minimum standards for the maintenance of existing
residential buildings, and to thus prevent slums and blight.
(g) Preserve the value of land and buildings throughout the City.
With respect to rental disputes, and except as otherwise specifically provided by the
terms of this Section 355:00, it is not the intention of the City Council to intrude
upon the fair and accepted contractual relationship between tenant and landlord.
The City Council does not intend to intervene as an advocate of either party, nor to
act as an arbiter, nor to be receptive to complaints from tenant or landlord which are
not specifically and clearly relevant to the provisions of this Section 355:00. In the
absence of such relevancy with regard to rental disputes, it is intended that the
contracting parties exercise such legal sanctions as are available.to them without the
intervention of the City Council to interfere or permit interference with legal rights
to personal privacy.
355:05 Applicabilit,X. Every building and its premises used in whole or in part as a
home or residence, or as a residential accessory structure, for a single family or
-5-
person, and every building used in whole or in part as a home or residence for two
or more persons or families living in separate units must conform to the •
requirements of this Section 355:00, irrespective of when the building may have
been constructed, altered, or repaired. This Section 355:00 establishes minimum
standards for erected dwelling units, accessory structures, and related premises. If a
minimum standard in this Section 355:00.is in question, the Minnesota Uniform
Building Code, Minnesota State Electrical Code, Metropolitan Wastewater Control
Commission will govern if more stringent than this Section.
355:10 Definitions. The following terms will have the following meanings in this
Section 355:00:
Subd 1. Accessory Structure. A structure subordinate to the main or
principal dwelling or dwellings and which is not used nor authorized to be
used for living or sleeping by human occupants and which is located on the
premises.
Subd. 2. Ayartment Building. Any structure designed to accommodate___
- - - -three or more dwelling units:
Subd. 3. Compliance Official. The City Manager and designated agents
authorized to administer and enforce this Section 355:00.
Subd 4. Compote Yard waste materials that can be decomposed to create
fertilizer and eliminate the need for disposal.
Subd. 5. Dwelling. 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 not including hotels and motels.
Subd. 6. Dwelling Unit: A single residential accommodation which is
arranged, designed, or intended for use exclusively as a domicile for one
family. Where a private garage is structurally attached, it will be considered
as part of the building in which the dwelling unit is located.
Subd. 7. Family or Household. One person or two or more persons each
related to the others by blood, marriage, adoption, or foster care, or a group of
not more than the owner or a residence plus three persons not so related
occupying the residence and maintaining a common household and using
common cooking and kitchen facilities.
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piece, which is connected to the City water and sewer system or other
approved water supply.
Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from
the handling, preparation, cooking, or consumption of food.
Subd. 10. Habitable Building. Any building or part thereof that meets
minimum standards for use as a home or place of abode.
Subd. 11. Habitable Room. 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; unfinished
basements, (those without required ventilation, required electric outlets and
required exits), 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.
Subd. 12. Heated Water. Water heated to a temperature of not less than 120
degrees Fahrenheit, or such lesser temperature required by government
authority, measured at faucet outlet.
Subd. 13. Kitchen. A space which contains a sink with counter working
space, adequate space for installing cooking and refrigeration equipment, and
adequate space for the storage of cooking utensils.
Subd. 14. Occupant. Any person (including owner or operator) living,
sleeping, cooking and eating in a dwelling unit or living and sleeping in a
rooming unit.
Subd. 15. QRerator. The owner or agent who has charge, care, control, or
management of a building, or part thereof, in which dwelling units or
rooming units are let.
Subd. 16. Owner. Any person who owns a dwelling and any such person
representing the owner must comply with the provisions of this Section
355:00 to the same extent as the owner.
Subd. 17. Permissible Occupancy. The maximum number of persons
permitted to reside in a dwelling unit or rooming unit.
Subd. 18. Person. An individual, firm, partnership, association, corporation
or joint venture or organization of any kind.
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Subd. 19. Plums All of the following supplied facilities and equipment •
in a dwelling: 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.
Subd. 20. 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.
Subd. 21. Public Hall. A hall, corridor or passageway for providing egress
from a dwelling unit to a public way and not within the exclusive control of
one family.
Subd. 22. Recyclables. Materials which may be recycled or reused through
recycling processes, including metal beverage containers, glass, newsprint,
plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone
books and any other materials designated as recyclables by Council resolution.
Subd. 23. Refuse. All putrescible and nonputrescible waste solids including
garbage and rubbish.
Subd. 24. Rental Dwelling or Dwellings A dwelling or dwelling unit let •
for rent or lease.
Subd. 25. Repair. To restore to a sound and acceptable state of operation,
serviceability or appearance.
Subd. 26. Rodent Harborage. Any place where rodents can live, nest,or seek
shelter.
Subd. 27. 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.
Subd. 28. Safe 1y. The condition of being reasonably free from danger and
hazards which may cause accidents or disease.
Subd. 29. Substandard Dwelling. Any dwelling which does not conform to
the minimum standards established by City Ordinance.
Subd. 30. Supplied. Paid for, furnished by, provided by or under the control
• of the owner, operator, or agent of a dwelling.
Subd. 31. Meaning of Certain Words. Whenever the words "dwelling",
"dwelling unit", "premises", or "structure" are used in this Section 355:00,
they shall be construed as though they were followed by the words "or any
part thereof".
Subd. 32. Undefined Words. Words not specifically defined in this Section
355:00 shall have the common definition set forth in a standard unabridged
dictionary.
Section 355:15 Responsibilities of.Owners and Occupants. No owner or other
person shall occupy or let to another person any dwelling, unless it and the
premises are clean, sanitary, fit for human occupancy, and comply with all
applicable legal requirements of the State of Minnesota and the City, including the
requirements set forth in this Section 355:00.
Section 355:20 Maintenance of Shared or Public Areas. Every owner of a dwelling
containing two or more dwelling units shall maintain in a clean and sanitary
condition the shared or public areas of the dwelling and premises.
Section 355:25 Maintenance of Occupied Areas and Facilities. Every occupant of a
• dwelling shall maintain in a clean and sanitary condition that part or those parts of
,the dwelling and premises that the occupant resides in and controls and those
fixtures and facilities used by the occupant.
Section 355:30 Storage and Disposal of Refuse and Rec clv ables. Every occupant of a
dwelling shall store and dispose/recycle of all refuse and recyclables in a clean,
sanitary, and safe manner as prescribed by City ordinances. Every owner of a an
apartment building shall supply facilities for the sanitary and safe storage and/or
disposal/recycling refuse/recyclables. In the case of single or two-family dwellings, it
shall be the responsibility of the occupant to furnish such facilities. The storage of
refuse and recyclable collection items shall not be kept in the front yard setback.
Section 355:35 Storage of Wood. Wood used for fireplaces shall be stacked, at least
12 inches off the ground. Woodpiles shall not be in the front yard setback:
Section 355:40 Responsibili!y for Storm and 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 whenever the same are required under
the provisions of this Section 355:00.
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Section 355:45 Responsibility for Pest Extermination. Every occupant of a dwelling
containing a single dwelling unit shall be responsible for the extermination of •
vermin infestations and/or rodents on the premises. Every occupant of a dwelling
unit in a dwelling containing more than one dwelling unit shall be responsible for
such extermination whenever his/her dwelling unit is the only one infested.
Notwithstanding, however, whenever infestation is caused by the failure of the
owner to maintain a dwelling in a rodent-proof or vermin-proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists
in two or more of the dwelling units in any dwelling, or in the shared or public
parts of any dwelling containing two or more dwelling units, extermination shall be
the responsibility or the owner.
Section 355:50 Rodent Harborages Prohibited in Occupied Areas. No occupant of a
dwelling shall accumulate boxes, lumber, scrap metal, or any other similar materials
in such a manner that may provide a rodent harborage or provide food for rodents
in or about any dwelling. Materials permitted to be stored shall be stacked in piles. .
Certain materials, such as firewood, should be elevated at least one foot to avoid
attracting rodents.
Section 355:55 Minimum Heating Capability and Maintenance. In every dwelling
unit or rooming unit when the control of the supplied heat is the responsibility of a
person other than the occupant, the supply must be zoned controlled and at a
temperature of at least 68 degrees Fahrenheit, or.such lesser temperature required by
government authority, maintained at a distance of three feet above the floor and
three feet from exterior walls in all habitable rooms, bathrooms, and water closet
compartments.
Section 355:60 Removal of Snow and Ice. The owner of an apartment building is
responsible for the removal of snow and ice from parking lots, driveways,.steps and
walkways on the premises. Individual snowfalls of three inches or more, or
successive snowfalls accumulating to a depth of three inches, must be removed
from parking lots and driveways within 24 hours after cessation of the snowfall.
Individual snowfalls of one inch or more, or successive snowfalls accumulating to a
depth of one inch, shall be removed from steps and walkways within 16 hours after
cessation of the snowfall.
Section 355:65 Drives, Parking, Yards. The owner of an apartment building must
provide and maintain effective illumination in all exterior parking lots and
walkways, paved and delineated parking areas and driveways for tenants consistent
. t.1: the City Code, and yards with appropriate yard cover.
Section 355:70 Minimum Standards for Basic Equipment and Facilities. No person
shall occupy as owner, occupant, or let to another for occupancy any dwelling or
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dwelling unit, for the purposes of living, sleeping, cooking and eating therein,
• which does not comply with the following requirements:
Subd. 1. Kitchen Facilities. 'Every dwelling unit shall have a room or portion
of a room in which food may be prepared and/or cooked and which shall
have adequate circulation area, and which shall be equipped with the
following:
(a) A kitchen sink in good working condition and properly connected to
an approved water supply system and which provides at all times an
adequate amount of heated and unheated running water under
pressure, and which is connected to an approved sewer system.
t'b) Cabinets and/or shelves for the storage of eating, drinking, and cooking
equipments and utensils and of food that does not require refrigeration
for safekeeping; and a counter or table for food preparation. The
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.
(c) A stove or similar device for cooking food, and a refrigerator or similar
device for the safe storage of food, which are properly installed with all
necessary connections for safe, sanitary and efficient operation. The
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.
Subd. 2. Toilet Facilities. Within every dwelling unit there shall be a
nonhabitable room which is equipped with a flush water closet in good
working condition. In a rental dwelling unit, such room shall have an
entrance door which affords privacy. 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.
Subd 3. Lavatoj:y 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 connected to an approved water supply system and shall.provide at
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all times an adequate amount of heated and unheated running water under •
pressure, and shall be connected to an approved sewer system.
Subd. 4. Bathtub or Shower. Within every dwelling unit there shall be a
nonhabitable room which is equipped with a bathtub or shower in good
working condition. In a rental dwelling unit, such room shall have an
entrance door which affords privacy. 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.
Subd. 5. Stairways, Porches and Balconies. Every stairway, inside or outside
of a dwelling and every porch or balcony, shall be kept in safe condition and
sound repair and shall be in compliance with minimum standards in the
Minnesota Uniform Building Code. Every flight of stairs and every porch
and balcony floor shall be free of deterioration. Every 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. Excepting spiral and
winding stairways, the treads and risers of every flight of stairs shall be
uniform in width and height. •
Subd. 6. Access.to Dwelling Unit. Access to or egress from each dwelling unit
shall be provided without passing through any other dwelling unit.
Subd. 7. 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. Any door for ingress or egress of any dwelling or dwelling unit shall
be equipped with an approved lock that has a dead-locking bolt that cannot be
retracted by end pressure, however, that such door shall be openable from the
inside without the use of a key or,any special knowledge or effect. Apartment
buildings must be furnished with door locks as follows:
(a) Apartment Building Security Systems. For the purpose of providing a
reasonable amount of safety and general welfare for persons occupying
apartment buildings, 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
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on the outside of building entrance doors. Building entrance door
• latches shall be of a type that are permanently locked from the outside
and permanently unlocked from the inside.
(b) Dwelling Unit Door Locks. Every door that is designed to provide
ingress or egress for a dwelling unit within an apartment building shall
be equipped with an approved lock that has a dead-locking bolt that
cannot be retracted by end pressure, however, that such door shall be
openable from the inside without the use of a key or any special
knowledge or effect.
Subd. 8. Sump PumR Wells. Prior to the dosing of the sale of a dwelling, the
seller shall request that the sump pumps and drain tile must be inspected by
the City visually and/or by smoking to ensure that they are-not connected in
any manner to the sanitary sewer system. If the Compliance Officer
determines the sump pump or drain tile is connected to the sanitary sewer
system, the situation must be corrected before the dwelling unit is considered
in compliance to be sold.
Subd. 9. Manual and Automatic Check Valves. Prior to the dosing of the We
of a sale of a dwelling, the seller shall request that a sanitary sewer line to the
main street line be inspected for manual and automatic check valves. If the
Compliance Officer determines that both manual and automatic check valves
are necessary to prevent backflow, the situation must be corrected before the
dwelling is considered in compliance to be sold.
Subd. 10. Apartment Building Outdoor Water Service Metering. Each
apartment building shall have a meter measuring the amount of water used
for such outdoor activities as lawn maintenance, gardening, parking lot
cleaning.
Subd. 11. Fire Safety Equipment. Every dwelling and dwelling unit shall
have necessary fire safety equipment, such as fire extinguishers and smoke
alarms and other equipment as required by State Fire Code.
Section 355:75 Minimum Standards for Light and Ventilation. No person shall
occupy as owner, occupant or let to another for occupancy any dwelling or dwelling
unit, for the purpose of living therein, which does not comply with the following
requirements:
Subd. 1. Habitable Room Ventilation. Except where there is supplied some
other device affording adequate ventilation and approved by the Compliance
Official, every habitable room shall have at least one window facing directly
outdoors, which can be opened easily. The minimum total of openable
• -13-
window area in every habitable room shall be in compliance with minimum •
standards in the Minnesota Uniform Building Code.
Subd. 2. Nonhabitable Room Ventilation. Every bathroom and water closet
compartment, and every laundry and utility room shall contain at least 50%
of the ventilation requirement for habitable rooms contained in Subd. 1 of
this Section, except that no windows shall be required if such rooms are
equipped with a ventilation system which is approved by the Compliance
Official.
Subd. 3. Electric Service, Outlets and Fixtures. Every dwelling unit and all
public and common areas shall be supplied with electric service, functioning
over current protection devices, electric outlets, and electric fixtures which are
properly installed, which shall be maintained in good and safe working
conditions, and shall be connected to a source of electric power in a manner
prescribed by this Section 355:00, rules and regulations of the City 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
comply with the current Minnesota State Electrical Codes.
Subd. 4. Minimal Thermal Standards. No person shall occupy as owner,
occupant or let to another for occupancy any dwelling or dwelling unit for the
purpose of living therein, 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 habitable
rooms, bathroom, and water closet compartments in every dwelling unit
located therein to a temperature of at least 68 degrees Fahrenheit at a distance
of three feet above floor level and three feet from exterior walls at an outside
temperature of -25 degrees Fahrenheit. Gas or electric appliance 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.
Section 355:80 General Requirements. No person shall occupy as owner, occupant
or let to another for occupancy any dwelling or dwelling unit, for the purpose of
living therein, which does not comply with the following requirements:
Subd. 1. Foundations, Exterior Walls and Roofs. The foundation, exterior
walls and exterior roof shall be substantially water tight and protected against
vermin and rodents and shall be kept in sound condition and repair. The
foundation element shall adequately support the building at all points. Every
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exterior wall shall be free of deterioration, holes, breaks, loose or rotting
• boards or timbers, and any other condition which might admit rain or
dampness to the interior portion of the walls or to the exterior spaces of the
dwelling. The roof shall be tight and have no defects which admits rain, and
roof drainage shall be adequate to prevent rain water from causing dampness
in the walls. 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 25% or more of the exterior surface is unpainted or
determined by the Compliance Official to be paint blistered, the surface shall
be painted. If 25% or more of the exterior surface of the pointing of any brick,
block or stone wall is loose or has fallen out, the surface shall be repaired.
Subd. 2. 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 openable window or other device shall be supplied with
mesh screens during the insect season of a mesh size provided for in the
Minnesota Uniform Building Code.
Subd. 3. Floors, Interior Walls and Ceilina. 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 shall be free of loose, warped, protruding or rotted flooring
materials. 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 and bathroom floor shall be capable of being easily
maintained in a clean and sanitary condition.
Subd. 4. Rodent Proof. Every dwelling and accessory structure and the
premises upon which located shall be maintained in a rodent-free and rodent-
proof condition. All openings in the exterior walls, foundations, basements,
ground or first floors, and roofs which have a 1/2 inch diameter or large
opening shall be rodent-proofed in an approved manner. Interior floors or
basements, cellars and other areas in contact with the soil shall.be paved with
concrete or other rodent impervious material.
Subd. 5. Fence Maintenance. All fences supplied by the owner or agent on
the premises and all fences erected or caused to be erected by an occupant on
the premises shall consist of metal, wood, masonry, or other decay resistant
material. Fences shall be maintained in good condition both in appearance
-15-
and in structure. Wood material, other than decay resistant varieties, shall be
protected against decay by use of paint or other preservatives. 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 25%
or more of the exterior surface is unpainted or determined by the Compliance
Official to be paint blistered, the surface shall be painted. If 25% or more of
the exterior surface of the pointing of any brick, block or stone wall is loose or
has fallen out, the surface shall be repaired. Fences, when constructed to
enclose any lot or-tract of land shall be located in such a way that the entire
fence shall be on the property of the builder thereof. Posts and framework
shall be placed within the property lines of the owner and the actual fencing
material such as wire, lumber, pickets, etc. shall be placed on the side of the
fence which faces the street or the adjacent property.
Subd. 6. Accessory Structure Maintenance. Accessory structures supplied by
the owner, agent or tenant occupant on the premises of a dwelling 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. 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 25%
or more of the exterior surface is unpainted or determined by the Compliance
Official to be paint blistered, the surface shall be painted. If 25% or more of
the exterior surface of the pointing of any brick, block or stone wall is loose or
has fallen out, the surface shall be repaired.
Subd. 7. Safe Building Elements. Every foundation, roof, floor, exterior and
interior wall, ceilings, inside and outside stair, every porch 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.
Subd. 8. Facilities to Function. Every supplied facility, piece of equipment or
utility required under the City Code and every chimney and flue shall be
installed and maintained and shall function effectively in a safe, sound and
working condition.
Subd. 9. Grading and Drainage. Every yard, court,passageway, and other
portions in the premises on which a dwelling stands shall be graded and
drained so as to be free of standing water that constitutes a detriment to
health and safety.
Subd. 10. Unit 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
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Compliance Official. Approval shall be based on compliance with the
minimum standards of this Code for habitable rooms.
Subd. 11. Yard Cover. Every yard of a premises on which a dwelling stands
shall be provided with lawn or combined ground cover of vegetation, garden,
hedges, shrubbery, and related decorative materials and such yard shall be
maintained consistent with prevailing community standards. It shall be
unlawful for any owner of any occupied or unoccupied lot or parcel of land to
permit or maintain on such any growth of weeds, grass, brush or other rank
vegetation to a greater height than six inches on the average or any
accumulation of dead weeds, grass or brush. It shall also be unlawful for any
such person or persons to cause, suffer or allow noxious weeds or plants
identified and defined by the Minnesota Department of-Agriculture to grow
on any such lot or parcel of land. Native grasses indigenous to Minnesota,
planted and maintained on any occupied lot or parcel of land, setback a
minimum of 20 feet from the front property line as part of a garden or
landscape treatment are exempt from this Section 355:00.
Subd. 12. Composting. Composting is permitted provided the following
regulations are complied with: (1) composting shall be conducted within an
enclosed container(s) not to exceed a total of 100 cubic feet in volume and five
feet high for all city lots; (2) the container(s) shall be of a durable material such
as wood, block, or sturdy metal fencing material; (3) the compost container(s)
ishall be located at least five feet from lot lines and be placed no closer than 20
feet to any habitable building other than the resident's own home nor less
than two feet from the alley if any alley exists; (4).only organic yard materials,
such as grass clippings, leaves, faded flowers, weeds, sawdust, wood ash and
plant trimmings, lake plants, straw and commercially available compost
amendments, may be placed in the compost container(s); (5) none of the
following materials shall be placed in the compost container(s): meat, bones,
fat oils, dairy products and other kitchen wastes; whole branches or logs,
plastics, synthetic fibers,human or pet wastes or diseased plants, (6) compost
shall be properly managed to minimize odor generation and promote
effective decomposition of the material.
Subd. 13. Trees and Brush. Every yard of a premises on which a dwelling
stands shall properly trim and dress all trees and brush so overgrowth does
not overwhelm access or safety sightlines near right-of-ways.
Subd. 14. Discontinuance of Service or Facilities. No owner, operator, or
occupant shall cause any service, facility, equipment or utility which is
required under this Section 355:00, to be removed from or shut off from or
discontinued for any occupied dwelling or dwelling unit let or occupied,
s -17-
except for such temporary interruptions as may be necessary while actual
repairs or alterations are in process, or during temporary emergencies.
Section 355:85 Maximum Density Minimum Space. Use and Location
Requirements. No person shall occupy nor permit or let to be occupied any
dwelling or dwelling unit for the purpose of living therein, which does not comply
with the following requirements:
Subd. 1. Permissible Occupancy of Dwelling Unit. With the exception of
owners occupying a respective dwelling unit prior to 1940, the maximum
permissible occupancy of any dwelling unit shall be determined by reference
to the current Minnesota Uniform Building Codes.
Subd. 2. One Family yer Dwelling Unit. Not more than one family, except
for temporary guests, shall occupy a dwelling unit.
Subd. 3. Minimum Ceiling Height. In order to qualify as habitable, rooms
shall have a clear ceiling height of not less than seven feet, six inches, except
that in attics or top-half stories used for sleeping, study, or similar activities,
the ceiling height shall be not less than seven feet six inches over at least one-
half of the floor area. In calculating the floor area of such rooms in attics or
top-half stories, only those portions of the floor area of the room having a
clear ceiling height of five feet or more may be included. Open beam ceilings
shall have a dear ceiling height of seven feet.
Subd. 4. Access through Sleeping Rooms and Bathrooms. No dwelling unit
built after 1940 and containing two or more sleeping rooms shall have a room
arrangement such that access to a bathroom or water closet compartment
intended for use by occupants of more than one sleeping room can be gained
only by going through another sleeping room, nor shall the room
arrangement be such that access to a sleeping room can be gained only be
going though another sleeping room. A bathroom or water closet
compartment shall not be used as the only passageway to any habitable room,
hall, basement or cellar or to the exterior of any dwelling unit.
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Section 3. This ordinance shall be in effect as of the date of its publication.
First Reading: SEPTEMBER 8, 1992
Second Reading: SEPTEMBER 22, 1992
Third Reading:
Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on . 1992
-19-
s
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
September 22, 1992
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF SEPTEMBER 22, 1992 H.R.A. AGENDA.
IV. APPROVAL OF AUGUST 25, 1992 H.R.A. MINUTES.
V. CLAIMS.
A. Dorsey & Whitney - $38.25.
B. Dorsey & Whitney - $1,199.31.
C. Dorsey & Whitney - $209.70.
D. Bruce A. Liesch Associates, Inc. - $18.33.
E. Lyle H. Nagell Co., Inc. - $2,250.00.
F. American National Bank - $202.32.
VI. MISCELLANEOUS.
VII. ADJOURNMENT.
t
CITY OF ST. ANTHONY
3 HOUSING AND REDEVELOPMENT MEETING
4
5 AUGUST 25, 1992
6
7 1 . CALL TO ORDER
8
9 The Meeting was reconvened at 9: 59 p.m. by Chairperson
10 Ranallo.
11
12
13 2 . ROLL CALL
14
15 Present : Chairperson Ranallo, Vice Chairperson Enrooth,
16 Secretary/Treasurer Marks and Commissioners Fleming and
17 Wagner .
18
19 Staff Present : Executive D.irector Burt , H.R.A. Attorney
20 Soth and Management Assistant Urbia
21
22
23 3. APPROVAL OF AUGUST 25, 1992 H.R.A. MEETING AGENDA
24
25 Motion by Marks , second by Enrooth to approve the agenda
6 for the August 25, 1992 H.R.A. Meeting as presented and
there were no additions .
29 Motion carried unanimously
30
31
32 4 . APPROVAL OF JULY 28 , 1992 H.R.A. MEETING_MINUTES
33
34 Motion by Marks , second by Wagner to approve the minutes
35 of the July 28 , 1992 H.R.A. meeting as presented and
36 there were no corrections .
37
38 Motion carried unanimously
39
40 5 . APPROVAL OF CLAIMS
41
42 1 . Hennepin County
43
44 Motion by Marks , second by Wagner to approve payment in
45 the amount of $2 , 594 . 62 to Hennepin County for
46 administrative costs incurred in 1991 for Tax Increment
47 Financing Districts .
48
49 Motion carried unanimously .
50
1 H.R.A. MEETING •
2 AUGUST 25, 1992
3 PAGE 2
4
5
6 2 . Bruce A. Liesch Associates , Inc.
7
8 Motion by Marks , second by Wagner to approve payment in
9 the amount of $2 , 267 . 97 to Bruce A. Liesch Associates,
10 Inc. for professional services rendered from July 1 , 1992
11 through July 31 , 1992 regarding the Kenzie Coolidge Area
12 project .
13
14 Motion carried unanimously
15
16
17 3 . Lyle H. Nagell Company
18
19 Motion by Marks, second by Wagner to approve payment in
20 the amount of $2 , 500 . 00 to Lyle H. Nagell Company Inc.
21 for an appraisal of 2905 Kenzie Terrace.
22
23
24 Motion carried unanimously
25
26
27 4 . Dorsey and Whitney Law Firm •
28
29 Motion by Marks, second by Wagner to approve payment in
30 the amount of $1 , 872 . 75 to Dorsey and Whitney Law Firm
31 for legal services rendered through June 30 , 1992
32 regarding issues concerning Kenzie Terrace and the Clark
33 Station property.
34
35
36 Motion carried unanimously
37
38
39 5. Dorsey and Whitney Law Firm
40
41 Motion by Marks , second by Wagner to approve payment in
42 the amount of $457 . 27 to Dorsey and Whitney Law Firm for
43 legal services rendered through June 30 , 1992 for the
44 Lang-Nelson Project .
45
46
47 Motion carried unanimously
48
49
50
•
H.R.A. MEETING
AUGUST 25, 1992
PAGE 3
4
5
6 6. Dorsey and Whitney Law Firm
7
8 Motion by Marks, second by Wagner to approve payment in
9 the amount of $2 , 431 . 75 to Dorsey and Whitney Law Firm
10 for legal services rendered through June 30, 1992
11 regarding the Apache Plaza Tax Increment Financing
12 Project .
13
14 Motion carried unanimously
15
16
17 6 . ADJOURNMENT
18
19 Motion by Marks , second by Enrooth to adjourn the H.R.A.
20 Meeting at 10 : 01 p.m.
21
22 Motion carried unanimously
23
24
25 Respectfully submitted,
26
45. Jo-Anne Student , Recording Secretary
29
30
31
32
33
34
35
36
37
38
39
40
41
DORSEY & WHITNEY
A P.,,". P. R......L Co.ro-1-0
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
• (612)340-2600
(Tax Idc.tlllcatlo■No.41.072]777)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
Housing and Redevelapment Authority of St. Anthony
Attn: Mr. Thomas D. Burt August 24, 1992
3301 Silver Lake Road Invoice No. 288376
Minneapolis MN
55418
For Legal Services Rendered Through 07/31/92
Matter: 75
City of St. Anthony HRA General
Attend HRA meeting.
• Total For Services $38.25
Total This Matter $38.25
v=/615
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNEY
A P. rn• Irf LC plwu Pwo►uuowri Co+row.now+
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
• (612) 340-2600
(T++ (lcellllccllo■No.43.0227777) -
STATESIENT OF ACCOU\T FOR PROFESSIONAL SERVICES
Client: 178820
Housing and Redevelopment Authority of St. Anthony
Attn: Mr. Thomas Do Burt August 24, 1992
3301 Silver Lake Road Invoice No. 288376
Minneapolis Mai 55418
Page 3
For Legal Services Rendered Through 07/31/92
Matter: 98
Apache Plaza TIP Proj.
Review owner's and encumbrances report; draft memorandum to W.
• Soth summarizing the same; telephone conference with To Burt
regarding call fram P. Bachman opposing Cub store; letter to To
Burt regarding title information; review memorandum regarding
title information; letter to To Burt regarding summary of title
information; meeting with To Burt, P. Pelstring and Do Cavanaugh
at City Hall; draft resolution calling hearing on Redevelopment
Plan and TIF Plan; draft letter to County and School District;
telephone conference with To Burt.
Total For Services $878.75
Disbursements and Service Charges
07/10/92 Title Search Chicago Title Insurance Co. 309.00
Fax Charges 9.00
Postage Charges 2.36
Reproduction Charges .20
Disbursements and Service Charges Total $320.56
Total This Matter $1,199.31
•
Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & W'HITNEY
A P—T"CR.NIF INYLCOINQ P.01[1.IONAL CORMNIT10-
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
• (612) 340-2600
(Tax Ida.11lleallo.No.41.0273377) ,
STATESIENT OF ACCOU NT FOR PROFESSIONAL SERVICES
Client: 178820
Housing and Redevelopment Authority of St. Anthony
Attn: Mr. Thomas D. Burt August 24, 1992
3301 Silver Lake Road Invoice No. 288376
Minneapolis MN 55418
Page 2
For Legal Services Rendered Through 07/31/92
Matter: 83
Lang-Nelson Project
Review survey and other easement information from P. Brewer regarding
easements and Walker easements
Total For Services $130.00
Disbursements and Service Charges
Fax Charges 13.50
Hennepin County Recorder 64.00
Reproduction Charges 2.20
Disbursements and Service Charges Total $79.70
Total This Matter $209.70
•
Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been.received or processed,will appear on a later statement.
PAYNIENT DUE UPON RECEIPT
BRUCE A. LIESCH ASSOCIATES., INC.
13400 15TH AVENUE NORTH
MINNEAPOLIS, MN 55441 (612) 559-1423
• �3��'
INVOICE .
August 31 , 1992
Project 61288.00
MR. DAVID URBIA, MANAGEMENT ASSISTANT
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN 55418-1697
Project: ST. ANTHONY KENZIE-COOLI
Professional Services: August 1 , 1992 through August 31 , 1992
-------------------------------------------------------------
REIMBURSABLE EXPENSES
Copying Costs
AP 12087 08/12 U OF M Copy Cost 16.08
Misc Reimbursable Expens
AP 1208708/12 U OF M Parking 2.25
Total Reimbursables 18.33
TOTAL THIS INVOICE 18.33
NET 30 DAYS
(N207065) WFW
LYLE H. NAGELL CO., Inc. 2612
7515 WAYZATA BOULEVARD, SUITE 115
MINNEAPOLIS, MINNESOTA 55426
Telephone: 5448966
FAX 544.8969
TAX ID NUMBER 41-094-1600
Saint.Anthony Village August 28, 1992
3301 Silver Lake Road .
St. Anthony, MN 55418-1699
Attn: Thomas D. Burt
Appraisal of: 2700 Coolidge Street NE, St. Anthony, MN $2,250.00
(The Good Luck Cafe)
PLEASE - - RETURN ONE COPY OF INVOICE WITH PAYMENT, OR NOTE INVOICE NUMBER ON YOUR CHECK
A M E R I C A N
NATIONAL BANK - SAINT PAUL
American National Bank and Trust Company
Fifth and Minnesota Streets-St. Paul, MN 55101
MUNICIPAL AGENCY SERVICES
612.266-8258
02-8100 BT ANTHONY MN 1991A 6/20/92
GO REFUNDING BONDS
DATED 1-1-91
SUMMARY OF FEES AND EXPENSES 02/21/92 - 08/20/92
-------INVOICE SUMMARY------
TOTAL FEES 200.00
TOTAL EXPENSES 2.32
++TOTAL AMOUNT DUE** 202.32
TOTAL AMOUNT IS DUE UPON RECEIPT OF STATEMENT.
PLEASE RETURN A COPY OF THIS STATEMENT WITH YOUR
REMITTANCE IN THE ENCLOSED BUSINESS REPLY ENVELOPE,
FOR ADDITIONAL INFORMATION REGARDING THIS STATEMENT,
PLEASE CALL SHARON PIGNATO (612)229-6430
AMERICAN NATIONAL BANK III TRUST CO
MUNICIPAL SERVICES DEPT - 10TH FLOOR
FIFTH It MINNESOTA 8TREE18
ST PAUL MN 53101