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Meeting Sheet
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Document: CC PACKET 07211992
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CITY OF ST. ANTHONY
PLANNING COMMISSION AGENDA
July 21, 1992
7:30 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER.
II. ROLL CALL.
III. MINUTES.
A. JUNE 16, 1992 PLANNING COMMISSION MEETING.
IV. PUBLIC HEARINGS -- NONE.
V. MISCELLANEOUS.
A. CONCEPT REVIEW -- LAND USE FOR SOUTH END REDEVELOPMENT
B. REVIEW PROPOSED SIGN ORDINANCE CHANGES - DRAFT #2, MAY 27, 1992
INCLUDING BUSINESS COMMUNITY INPUT.
C. REVIEW PROPOSED PLANNING COMMISSION BYLAWS - DRAFT #1, MAY 11,
1992.
VI. STAFF UPDATE.
VII. COMMISSIONERS' COMMENTS.
VIII. ADJOURNMENT.
CITY OF ST . ANTHONY
PLANNIhTG COMMISSION MEETING
4
5 JUNE 16 , 1992
6
7
8 1 . CALL TO ORDER
9
10 Chairman Faust called the Planning Commission Meeting to order
11 at 7 : 30 p.m.
12
13
14 2 . ROLL CALL
15
16 Commissioners Present : Thompson , Franzese, Gondorchin , Murphy ,
17 Madden and Chairman Faust
18
19 Commissioners Absent : Werenicz
20
21 Staff Present : Management Assistant Urbia
22
23
24 3 . APPROVAL OF MINUTES OF PREVIOUS MEETING
25
26 Motion by Murphy, second by Madden to approve the minutes of
io the May 19 , 1992 Planning Commission meeting with the
following corrections :
30 page 6 , line 16 : Change the word "bodies" to the singular
31 "body"
32 page 7 , line 16 : Delete the word "for" at the end of the line
33 page 8 , line 50 : Add to the end of the sentence the following,
34 "at this time , due to limited information . "
35 page 9 , line 24 : Insert between "no." and "preference" the word
36 "current " and add to the end of the sentence the following,
37 "due to limited information . "
38 page 18 , lines 32/33 : Delete "Commissioner Gondorchin" to
39 replace with "Councilmember Wagner" .
40
41
42 Motion carried unanimously
43
44
45 4 . PUBLIC HEARINGS
46
47 There were no public hearings .
48
49
50 5 . MISCELLANEOUS
51
52
A. Concept Review - Land Use for South End Development_
1 PLANNING COMI ISCIOI�
2 JUNE 16 , 1992 •
3 PAGE 2
4
5
6
7 Urbia advised that the City Council did approve the
8 recommendations made by the Planning Commission regarding the
9 South End Development . They were to extend the Tax Increment
10 District and to acquire the parcels where Rosie ' s Restaurant
11 and the Good Luck Cafe are located .
12
13 He noted that the Planning Commission did not make a
14 recommendation regarding land use . Members of the Planning
15 Commission had requested staff to find a definition of land
16 use . Urbia stated that none had been found from a Planning
17 perspective and that the consultant from BRW stated there is
18 no definition available from that perspective . It was
19 suggested that a definition could reasonably include land use
20 from the standpoint of aesthetics and 'community needs . From an
21 appraiser ' s viewpoint it could be based on economic or land
22 value .
23
24 Chairman Faust felt the two definitions for the highest and
25 best use are not similar from an appraiser ' s position and that
26 of a planner ' s position .
27
28 Noting that there were residents and business owners in •
29 attendance at the meeting , Commissioner Franzese stated that
30 the agenda could be amended to take comments from these people
31 is they so chose . All attendees were present to listen to the
32 discussion regarding the South End Development .
33
34 Urbia set up Plan D of the Development for review on an easel .
35
36 Chairman Faust suggested that the Planning Commission focus on
37 making recommendations on the best use of the property where
Y8 the Good Luck Cafe and Rosie ' s Restaurant are presently
39 located .
40
41 Commissioner Franzese stated she is unable to make a
42 recommendation without more data . Specific information
43 regarding the economics of the development and what dollars
44 will be realized by the City with certain types of development
45 she felt were needed.
46
47 Commissioner Gondorchin agreed and noted he would like to know
48 the tax benefits of certain zoning both for commercial and
49 residential .
50
51 Commissioner Madden inquired what the dimensions of the two
52 lots were and what portion of them fronted on the street .
53 Urbia did not have the dimensions but noted that it has been •
54 recommended to line up the two lots when they are developed
2 .?UN r, 16 , 1992
PAGE 3
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7 with adjacent house lots .
0
9 Commissioner Murphy felt the parcels appeared to be
10 approximately 40 , 000 square feet . A high rise could be built
11 in this location but Commissioner Murphy felt this would be
12 unlikely. He also suggested a development should be considered
13 of a structure which would bridge the gap between single
14 family and multiple family dwellings . Compatibility to
15 adjacent structures should be a consideration . He also felt
16 there is a need to know the market demand for certain types of
17 structures to make this project successful .
18
19 The Chairman noted that the City Manager had quoted a price of
20 $45 , 000 for each lot and this may not make them very
21 attractive . Regarding the mulitiple use prospect , the Chairman
22 recalled that BRW had suggested single family dwellings would
23 be the highest and best use for the two parcels .
24
25 The Management Assistant noted that BRW recognized that homes
26 and residential lots sell for quite a high price in St .
27 Anthony . The Chairman observed that in none of the plans was
the lot where Rosie ' s Cafe presently is located was commercial
40 usage recommended . It was stated that commercial property
30 taxes are based on income from the business .
31
3.2 Chairman Faust inquired if the appraisal for Rosie ' s Cafe has
33 been received yet . Urbia responded that it is expected soon
34 but that the appraisal company has a backlog. The Chairman
35 hopes that the appraisal will address the highest and best use
36 of the property in the narrative ' section of the appraisal .
37 Urbia felt this would be a possibility in that the planner
38 from BRW took input from the Task Force regarding this issue .
39
40 Commissioner Franzese observed that the monetary effects and
41 aesthetics go hand and hand with the highest and best use of
42 property .
43
44 Commissioner Gondorchin inquired if there can be any influence
45 or restrictions put on the sale of these parcels .regarding
46 potential buyers .
47
48 Urbia responded that the City can put these types of
49 restrictions on land sales . Commissioner Gondorchin observed
50 that the restrictions would apply only to the initial
51 purchaser and would not be binding on successive buyers if the
52 first buyer ' s business failed . Then the City would only have
3 control which is granted by ordinance requirements .
I PLANNING CG!�:`ISS:O':
2 Ju?:? 16 , 1992
3 PhGF 4 •
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6
7 The Chairman observed that the highest and best use of a
8 parcel may be realized by what the market dictates . He gave
9 the example of Monarch which is adjacent to railroad tracks .
10 He felt if this business were to change the property would
11 still never attract residential property owners .
12
13 Commissioner Murphy suggested that to view this in an economic
14 sense should include what the project may do to increase the
15 value of neighboring properties .
16
17 Commissioner Madden observed that the moratorium expires in
18 August of 1992 , but can be extended six months . He also
19 observed that the South End Task Force was heavily weighted
20 with property owners who reside or own property in that area .
21
22 Commissioner Franzese noted it was unfortunate that some
23 member of the Planning Commission did not serve on the Task
24 Force and that members of the Planning Commission did not have
25 an opportunity to discuss this matter with the planner from
26 BRW. She felt some of the questions being asked tonight could
27 have been answered by the planner .
28 •29 Commissioner Gondorchin again stated he feels the Commission
30 needs more data to make a reasonable recommendation . He also
31 addressed some material which suggested that the Rosie ' s
32 Restaurant and Good Luck Cafe properties had been recommended
33 for from two to five lots . He feels a clarification is needed
34 on this matter .
35
36 The Chairman felt the expansion of the service station was a
37 mute point at this time . The owner can expand when the
38 moratorium is lifted and the current zoning is commercial so
39 there probably will not be a need for a variance . He
40 questioned if this matter is pertinent to the discussion and
41 whether is was really the business of the Planning Commission .
42
43 The owner of the service station , Roger Bona , stated he has
44 inmproved the appearance of his property significantly over
45 the years . He is very much concerned with the appearance of
46 his property as well as the appearance of the surrounding
47 areas . He recognized that this is the gateway to the City and
48 feels it needs a considerable amount of improvement ,
49 especially aesthetically . Mr . Bona stated he wishes to avoid
-50 any conflict regarding his property and is a " team" player in
51 this matter . He offered to leave the meeting if this were the
52 desire of the commissioners .
53
54 •
LAI'iI�IIvG C��N'._S�!vl�
7UI�7 lr , 1992
PAGE 5
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7 Chairman Faust thanved Mr . Bona for his comments and assured
8 him it was not necessary to leave .
9
10 Commissioner Franzese suggested that Mr . Bona is not only a
11 physical presence in the area but a business presence who
12 generates a good deal of good will and business in nearby
13 areas . She inquired what he would envision as the highest and
14 best use of the property , commercial or residential .
15
16 Mr . bona responded that presently the back and two end sides
17 of the shopping center are very visible. He suggested that
18 murals could be painted on the building and trees and lighting
19 could be affectively used to give the shopping center
20 character . He is quite concerned with the urban decay which
21 appears to be coming up from Central Avenue .
22
23 Mr . Bona ' s preference for the property would be a commercial
24 enterprise such as a strip mall with businesses which would
25 not generate a great deal of traffic nor be disruptive to the
26 neighboring residential area. He noted that the use of brick
27 is very effective and long lasting. Mr . Bona was disappointed
0 with the use of white brick at Autumn Woods .
30 Another resident at the meeting stated he is also concerned
31 with urban decay and the value of his property . He is a four
32 year resident of St . Anthony . He feels the service station is
33 not the problem but the two cafes were problems as are the
34 lack of landscaping and the traffic patterns . He requested he
35 be kept informed as to this development .
36
37 The Cha.irman recapped the questions/concerns of the Planning
38 Commission . They are , a need to know whether income or
39 aesthetics are the primary concern with the highest and best
40 use ; what funds will be derived from the development ; the
41 appraisal of Rosie ' s Restaurant ; the definition of highest and
42 best use ; and the rationale used by BRW to recommend single
43 family dwellings .
44
45 An option for the Rosie ' s Restaurant parcel could be designate
46 it as a recreational area . The Chairman felt this could be
47 considered . Commissioner Madden felt this was not a viable
48 option .
49
50 Commissioner Murphy suggested office space with services
51 gearE-, toward the community could be considered if there were
52 a zoning for that which would differentiate between business
and retail . The Chairman advised that there is a "3" zone
alrea6y . Commissioner Gondorchin saw an irony in this
I PLANNING COMMISSION"
2 JUNE 16 , 1992 •
3 PAGE 6
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7 situation in that some residents do not want a commercial
8 zoning yet if it were zoned residential some one would have to
9 live on a busy street across from the fire station and the
10 liquor store .
11
12 Mr . Bona suggested that this may be an opportunity for private
13 investment where people could develop private enterprise which
14 would be "quiet " businesses .
15
16
17 B. Concept Review - Hospice in a Residential Zone
18
19 Staff has been contacted by the owners of a hospice regarding
20 the potential of placing one of these facilities in St .
21 Anthony . Presently, this type of facility would be allowed
22 under R-3 and R-4 zoning but not in R-1 or R-2 .
23
24 Chairman Faust observed that the proposed Housing Maintenance
25 Code Ordinance is recommending no more than five unrelated
26 people could reside in the same house .
27
28 Commissioner Gondorchin stated he would be opposed to this •
29 type of facility in an R-1 or R-2 zone in light of the
30 possible parking problems , twenty-four hours traffic
31 disturbances and the winter parking rules . He felt many
32 allowances would have to be made to accommodate this type of
33 facility .
34
35 The Chairman inquired what affect the traffic from the nearby
36 nursing home has on the area near Commissioner Madden ' s home.
37 Commissioner Madden responded there is incredible traffic
38 twenty four hours each day. He noted that most the vehicles
39 are owned by employees of the nursing home .
40
41 Commissioner Franzese recognizes the need for this type of
42 facility and felt it could be built on some vacant land in the
43 City. She suggested the vacant land adjacent to the
44 Kenzington . Commissioner Gondorchin stated he agreed that this
45 suggestion may be a viable option .
46
47 All members of the Planning Commission agreed this type of
48 facility should be located in a R-3 or R-4 zone. Their
49 concerns were with traffic , parking and the requirement of
50 five related persons which is being suggested in the proposed
51 ordinance . Chairman Faust requested an opinion be gotten from
52 the City Attorney on this matter .
53 •54
i PLANNING COI%2�11SSION NLFTING3
j�;icE— 16 , 1992
PAGE 7
4
5
6
7 C . Review Housina Maintenance Ordinance - Draft #3 , April
8 30 , 1992
9
10 At the May 4th meeting of the Planning Commission Urbia
11 requested input from members of the Commission regarding any
12 additions to the draft ordinance . He received one response
13 from Commissioner Thompson for the inclusion of compost piles .
14 Also received was a request from the City Manager of language
15 regarding inspection (visual and/or smoking house ) at point of
16 sale of sump pumps and drain tiles to insure they are not
17 connected to the sanitary sewer system. The City Manager also
18 requested some form of language encouraging the installation
19 of check valves (auto and/or manual ) in homes that have
20 experienced back up problems .
21
22 There were eighteen pages in the draft ordinance . The Chairman
23 suggested each page be reviewed by the Planning Commission for
24 comment . Some of the issues addressed in the review covered
25 gender neutrality, dwelling versus dwelling unit , point of
26 sale inspections and enforcement of the ordinance. All
27 comments made by members of the Planning Commission were noted
and will be incorporated into the draft ordinance by the
Management Assistant for Council review. A copy of the draft
30 ordinance will be included in the July edition of the City
31 newsletter .
32
33
34 D. Review Proposed Sion Ordinance Chanaes - Draft #2 , May
35 27 , 1992
36
37 A first draft of the proposed sign ordinance was presented to
38 the Planning Commission in April . A subcommittee was
39 established by the Planning Commission consisting of Chairman
40 Faust , Commissioner Franzese , Councilmember Wagner and
41 Management Assistant Urbia . The subcommittee met once and the
42 suggestions which came from that meeting were incorporated
43 into the ordinance for review by the Planning Commission at
44 its June meeting .
45
46 Five issues addressed by the subcommittee required the opinion
47 of the City Attorney . Staff is waiting for those opinions .
48
49 A copy of the proposed ordinance were sent to the President of
50 the St . Anthony Chamber of Commerce , Apache Plaza Management ,
51 the President of the Apache Plaza Merchants Association , the
52 President of the St . Anthony Merchants Association and the St .
Anthony Shopping Center Management for input ..
I PLANNING COMMISSION
2 iUIvE 16 , 1992 •
3 PAGE 8
4
5
6
7 A response was received from the St . Anthony Merchants
8 Association which indicated they would like an additional
9 monument sign for the Kenzie Terrace entrance and a larger
10 monument sign where the current one is in place . They had also
11 had questions regarding the prohibition for franchise
12 trademark signs for some commercial establishments . Examples
13 given were Dairy Queen and Kentucky Fried Chicken . Urbia
14 explained that some of those signs would be too large or are
15 not in character with the City ' s intent in the sign ordinance .
16
17 Urbia distributed a fax. received from Rodney Johnson, real
18 estate manager, addressing some of his specific. concerns with
19 the proposed sign ordinance. Urbia also passed out copies of
20 survey results received from six other cities and their sign
21 ordinance requirements regarding billboards , wall signs , free
22 standing signs , portable signs , temporary signs , campaign
23 signs and sign construction .
24
25 Motion by Franzese , second by Faust to move this item to the
26 agenda of the next Planning Commission meeting.
27
28 •29 Motion carried unanimously
30
31
32 E. Review Proposed Planning Commission ByLaws - Draft #1 , May
33 11 , 1992
34
35 Motion by Franzese, second by Faust to table this item.
36
37 Motion carried unanimously
38
39
40
41 6 . STAFF UPDATE
42
43
44 A. Joint _City Council /Planning Commission Meeting
45
46 Chairman Faust , felt an agenda would be needed for this
47 meeting. All members of the Planning Commission agreed with
48 this suggestion .
49
50 Commissioner Gondorchin recommended the joint meeting be held
51 on before a regularly scheduled Planning Commission meeting at
52 6 : 30 p .m.
53 •54
I P7 ANNING COMMISSION
JUNE 16 , 1992
46 PAGE 9
4
5
6
7 Chairman Faust stated he is willing to approach the City
8 Council to find out what would be expected to be discussed at
9 this joint meeting .
10
11 Commissioner Murphy felt strategic and future community
12 directions should be addresssed as well as general
13 philosophical purposes . Commissioner Gondorchin suggested that
14 an evaluation and assessment of how the Planning Commission is
15 functioning should also be considered . Commissioner Murphy
16 felt a partnership posture may be an item for discussion also .
17
18
19 B . July Meeting
20
21 The July meeting of the Planning Commission will be held as
22 scheduled.
23
24
25 7 . COMMISSIONERS ' COMMENTS
26
7 Commissioner Madden
Commissioner Madden inquired if the contract for the inlet in
30 Mirror Lake permitted seeding and not sodding. He felt the
31 seeding job was very poorly done . Urbia will follow up on this
32 matter .
33
34 Commissioner Madden has observed that Sheik ' s Garden
35 Restaurant at Apache Plaza Shopping Center appears to be
36 closed .
37
38 Commissioner Madden noted that there is a non-conforming sign
39 at the Stop-N-Shop service station on Stinson Boulevard . Urbia
40 said he will contact Conoco regarding the non-conforming
41 canopy sign .
42
43
44 Commissioner Thompson
45
46 Commissioner Thompson inquired as to the status of a CUB store
47 being built at Apache Plaza . Urbia advised that this matter is
48 still being negotiated.
49
50
51 Commissioner Franzese
52
Commissioner Franzese inquired if there is any program in
place for recycling polystyrene material . Urbia is hoping to
I PLANNING COMMISSION
2 JUNE 16 , 1992 •
3 PAGE 10
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7 put a depository into effect and will contact the Anoco
8 station regarding this matter . If this is not possible, he
9 will promote the depository located in New Brighton.
10
11 Commissioner Franzese is interested in viewing the Mayor ' s
12 cable program and asked when it will be aired again. Urbia
13 noted it is cablecast quarterly.
14
15 Commissioner Franzese advised she had received only one phone
16 call regarding her position on "visual pollution" in reference
17 to parking of recreational vehicles in front of homes . The
18 resident who contacted her stated support of her position.
19
20
21 Commissioner Gondorchin
22
23 Commissioner Gondochin 'had some questions regarding areas in
24 the City which are designated "no parking. " He cited one
25 instance where a ticket was issued to a vehicle owner who had
26 parked in an area which was designated for" no parking"
27 because it would have interfered with the turning around of
28 fire trucks . He requested staff to follow up on this matter .
29
30 Urbia advised that this area had previously been designated
31 for having its curbs painted yellow to prohibit parking. The
32 residents in the area objected so the painting was not done .
33
34 Urbia recommended that this matter be brought to the City
35 Council for its consideration . Chairman Faust did not see how
36 this matter could be addressed by the Planning Commission .
37
38 Commissioner Gondorchin advised he had contacted the Mayor
39 regarding this situation and the Mayor suggested it be brought
40 to the Planning Commission .
41
42 Commissioner Murphy felt there were two issues to consider ;
43 one being, consistent enforcement and the second making people
44 aware of the parking prohibitions by having adequate markings .
45
46 People who regularly park in the area were notified that the
47 parking bans would be enforced via a church bulletin article.
48 Some members of the Planning Commission felt this was not a
49 proper vehicle for notification . Some were also of the opinion
50 that interrupting the curb painting was not prudent either .
51
52 Urbia was requested to put an article in the City newsletter
53 which addressed reclarification of parking restrictions in .
54 prohibited areas .
1 PL NTiTI�G COMI�ISSIO'j�
.TUNE 16 , 1992
FP.GE 11
4
5
6
7 Motion by Gondorchin , second by Madden to incorporate into the
8 St . Anthony newsletter as quickly as possible the parking
9 prohibitions in certain areas of the City which would include
10 the prohibited areas around fire hydrants , distance from
11 corners , and enforcement .
12
13
14 Motion carried unanimously
15
16
17 Commissioner Murphy
18
19 Commissioner Murphy had nothing to report at this time .
20
21
22 Chairman Faust
23
24 The Chairman thanked all of the Commissioners for the very
25 healthy discussions held at this meeting. He requested any
26 items that commissioners want on the agenda be forwarded to
7 him for inclusion on the agenda .
He will make arrangements to schedule a joint meeting of the
30 City Council and the Planning Commission . He recapped the
31 items to be discussed ; South End Task Force, General
32 philosophy and a partnership assessment of the Planning
33 Commission .
34
35
36 8 . ADJOURNMENT
37
38 Motion by Murphy , second by Gondorchin to adjourn the meeting
39 at 10 : 30 p.m.
40
41 Motion carried unanimously
42
43
44 Respectfully submitted ,
45
46
47 Jo-Anne Student , Planning Commission Secretary
48
49
50
51
52
STAFF REPORT
DATE: July 2, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: CONCEPT REVIEW-- LAND USE FOR SOUTH END REDEVELOPMENT
BACKGROUND
The Planning Commission at its May 19th meeting recommended to the City Council to
proceed with public improvements stated in Plan D, to acquire the sites where Rosie's Cafe
and the Good Luck Cafe are located, and that there should be no implicit go ahead on the
Unocal expansion. The remaining issue, addressing the land use, needs to be discussed.
At the June Planning Commission meeting, no decision was made in order to obtain more
information.
The following information was requested: (1) highest and best use for monetary and
aesthetics; (2) appraisal information, (3) size of two newly created lots, (4) tax benefits,
residential vs. commercial, (5) City Council preference, and (6) BRW rationale for
designation of R-1 zone.
The staff replies to the Planning Commission-information requests as follows:
(1) Highest and best use for monetary considerations -- light industrial and for
aesthetics -- open space.
(2) Appraisal information does not relate to determining most appropriate use.
The appraisal information will be for staff use in negotiating a price for the
two current structures and land. In addition, the Good Luck site will become
a road and the Rosie's site will be totally reconfigured. To date this
information is not available.
(3) Size of the two newly created lots:
Lot #1, closest to Unocal -- 10,000 square feet (apprx. 100' x 100')
Lot #2, closest to existing homes -- 13,125 sq. ft. (appx. 75'x 125') and
(appx. 50' x 150' / 2)
(4) Under current Minnesota property taxation laws and depending upon
valuation, commercial and light industrial would bring in more tax revenue
than single family residential.
(5) The City Council would not want to bias the Planning Commission's
recommendation by indicating its preference.
(6) BRW selected the R-1 zone from the input of the South End Task Force.
With this report, I have included a definition of highest and best use, most appropriate use,
most probable use, and most profitable use.
NEXT STEP
The Planning Commission should address the land use issue, attempting to determine the
most appropriate use, and provide recommendation to the City Council.
The following definitions/explanations were provided by the research division of the League
of Minnesota Cities (LMC).
Highest and Best Use
That reasonable and probable use that will support the highest present value, as
defined, as of the effective date of the appraisal.
Alternatively, that use, from among reasonably probable and legal alternative uses,
found to be physically possible, appropriately supported, financially feasible, and
which results in the highest land value.
Note: The definition applies specifically to the highest and best use of land. It is to be
recognized that in cases where a site.has existing improvements on it, the highest and best
use may very well be determined to be different from the existing use. The existing use will
continue, however, unless and until land value in its highest and best use exceeds the total
value of the property in its existing use.
Implied within these definition is recognition of the contribution of that specific use to
community environment or to community development goals in addition to wealth
maximization of individual property owners. Also implied is that the determination of
highest and best use results from the appraiser's judgement and analytical skill, i.e., that the
use determined from analysis represents an opinion, not a fact to be found. In appraisal
practice, the concept of highest and best use represents the premise upon which value is
based. In the context of most probable selling price (market value) another appropriate
term to reflect highest and best use would be most probable use. In the context of
investment value an alternative term would be most profitable use.
Most Appropriate Use
A planning and zoning concept applicable to that use of land which: (1)will promote
the greatest good for the greatest number; (2) is in the best interests of the
community as a whole. It may or may not be the highest and best use. Likewise, it
may or may not be a present use or it may be a future use.
Most Probable Use
Highest and best use in the context of market value. .
Most Profitable Use
Highest and best use in the context of investment value.
Source: Byrl Boyce, Real Estate Appraisal Terminology, Cambridge, MA: Ballinger,
1975.
STAFF REPORT
DATE: July 6, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: PROPOSED SIGN ORDINANCE UPDATE
BACKGROUND
The first draft of the proposed sign ordinance was presented to the Planning Commission
in April. The Commission established a subcommittee consisting of Councilmember
Wagner, Chairperson Faust, Commissioner Franzese, and Management Assistant Urbia.
The Committee met once in May for nearly four hours. I have made changes from the input
given by the subcommittee. That draft was to be reviewed by the Planning Commission in
June. The Commission delayed review of the issue until July. The same draft will be
presented to the Planning Commission for review in July. I have included information from
the City Attorney, the business community, and other municipalities.
NEXT STEP
The Planning Commission should discuss the proposed sign ordinance, provide input, and
forward to the City Council at the July meeting.
in thou
ilia
Administrative Offices
3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699
(612) 789-8881 FAX (612) 789-9602
DATE: May 27, 1992
TO: Bill Soth, City Attorney
Dorsey and Whitney
FROM: David Mark Urbia, Management Assistant
City of St. Anthony
ITEM: Sign Ordinance Issues
The Planning Commission requests further clarification. Could you
please respond by its July 14th meeting?
Issue #1: Is our language legal, or are there State of Minnesota
guidelines we should follow?
1400. 08 SIGNS REQUIRING NO PERMITS: Signs described in this
Chapter, if they meet all other requirements of this Chapter, may
be erected without a sign permit.
Subd. 1. POLITICAL SIGNS: Freestanding political signs, not
exceeding a sign surface area of 16 square feet each,
displayed on private property for a period of not more than
four weeks prior to the pertinent election date and not more
than three days after that election date.
Issue #2: Amortization of legal non-conforming signs. Is
amortization legal in Minnesota? If so, what language should we
use?
Issue #3: If a sign has dangerous or hazardous -waste, how can the
City ensure it does not become liable if it has to remove the sign?
Issue #4: If the City has to remove a non-conforming sign, and
does not receive payment for removal costs, can the City put these
costs onto the property tax?
Issue #5: If the City were to require a sign deposit in order to
ensure performance, does the City have to return the deposit, plus
interest, when the sign is removed?
STAFF REPORT
DATE: June 11, 1992
TO: Thomas D. Burt, City Manager
FROM: David Mark Urbia, Management Assistant
ITEM: BUSINESS COMMUNITY INPUT REGARDING PROPOSED SIGN
ORDINANCE
I sent a memo and copy of the proposed sign ordinance to the following business
organizations:
(1) Chamber of Commerce, President
(2) Apache Plaza Management
(3) Apache Plaza Merchants Association, President
(4) St. Anthony Merchants Association, President
(5) St. Anthony Shopping Center Management
I received input from the St. Anthony Merchants Association. The association members
would like an additional monument sign for the Kenzie Terrace entrance (the size of the
current monument sign allowed). In addition, they would like a larger monument sign where
the current one is in place. Finally, they questioned why some commercial establishments
cannot have their franchise trademark sign (i.e. Dairy Queen, Kentucky-Fried Chicken). I.
explained that some of those signs are too large or are not in character with the City's intent
in the sign ordinance:
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t
June 11, 1992
i .
Mr. David Mark Urbia
VIA FAR_& MAIL
Management Assis=t
ST. ANTHONY VUAAGE i
3301 Silver take Road
St. Anthony, MN 55418
RE: PROPOSED CHANGES TO THE CITY SIGN ORDINANCES
(
i
Dear David: !
As requested under you May 28, 1992, let !to me, I have the following comments on the
proposed changes to the sign ordinances:
l
1) Page 7 SUBD.17. Sims Attached To A Vehicle - Proposed change provides
that vehicles with attached sigruag shall,not be parked in all zones for more than
48 hours. My question on tats is: what about delivery vans or tow trucks
which may not be used for a period of time which may exceed the 48 hour
maximum?
" I
Page 9 SUBD.12. Real Estate Signs. - Real estate signs shall not have a
combined surface greater than 12 square feet. Does this pertain to the leasing
signs presently on site at the St Anthony Shopping Center-7 We have one sign
located at the front which I believe is a 4 x 8 foot sign and we have a second
sign on the rear of the center I which I believe is a 2 x 3 foot sign. These
combined would be in excess; of 12 square feet. Will the proposed sign
ordinance change affecting our leasing signing?
Page 14 SUBD.2. Commercial and Limited Business; Paragraph 3 -The square
footage minimum requirement of 100,000 square feet would exclude the St.
Anthony Shopping Center from this provision. The total square footage of St.
Anthony Shopping Center is 87;375. We presently have a directory sign on the
side of the St:. Anthony Fund Center which lists some of the tenants. Similarly,
under Paragraph 4 on the sauce page, there is a minimum square footage
requirement of 100,000 square,!feet.
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Mr. David Mark Urbia
June 11, 1992 i
Page 2
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Also on page 14, under Paragaph 8, there is a provision for a ground sign not
to exceed 150 square feet for center under 100,000 square feet. My
understanding is this is intended to be the ground sign which, as we have
discussed, we may consider installing at the Kenzie Terrace entrance. Please
verify that that is the intent of that provision.
Thank you for sending to me the proposed sign ordinance changes for my review. Please
notify me of when the changes will be going before the City Council for final approval.
i
Sincerely,
i
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Rodney & Johnson
Real Relate Manager
i
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RIDOCIO '
. i
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ommunity
Regulation Bloomington Crystal Minnetonka New Hope Richfield Robbinsdale
Billboards Sign advert. Sign advert. Sign advert. Sign advert.
- Definition Sign larger Sign advert. serv./products sere./products serv./products serv./products
than 150 sq. serv./products off premises off premises off premises off premises
feet off premises Sign larger
than 300 sq.ft.
- Permitted I-3,FD-2 dist. Business, ind. No C-2,PC-2,I, PI No
with CUP-5yrs. districts districts
- Spacing 2000 feet 40Q feet 1000 feet 1000 feet
- size 250 sq. ft. 350 sq. ft. 750 sq. ft.
- Setback Same as build- 30 feet Same setbacks Same setbacks
inq setbacks as buildings as buildings
- Height 40 feet 35 feet 25 feet 27 feet
aaaam-aavaaaaamvvam-v �O° Oa�vvo-----amm a---m e-v----va--a-vacvvmvvvvma
Wall Signs vvvvva
- Size 500 sq. ft., 153 of wall 300 sq. ft. 153 of wall 153 of wall 150 sq. ft.
303 of windows area; max. - area - busi. area
250 sq. ft. 103 of wall 303 of windows
area - ind.
203 of windows
vavavaavvaaasamwvavnvammwaav �-vam e'm v-m-vv--wv-va---vv--v-vsvaamvvvaavavnm-avvvv
Free Standing Signs
- size 50-250 sq.ft., 200 sq. ft. 40,75,200 200 sq. ft. 50 sq. ft.
depends on set- sq.ft.-depends
back & sign
height on street type
- Setback 10-28 feet, 10 feet Same as yard
depends. on sign
height & area setbacks
- Height 20-35 feet, 300 151,201,30' - 27 feet 30 feet
depends on sign depends on
setback & area street type
-v-a-v-----v-vmvs-m o--av---v-a-s•-aaia -eves--m -av-vv--evevevv-v
Portable Siqns
- Definition Movable signs Sign designed Movable sign - Sign on a
to be moved not permanently trailer
attached
- Permitted Only for No No
- Size
temporary use
- Limitations 3 permits/year.
7 days/permit
aavmaaavvaaaavaamvaaaaaoevamseamavm asses-avvavvva�vvvavvaN VSVVavv�vvvavavvvvvvvvnavvvavvaaavavvvvmmvvam
Temporary Signs
- Definition Sign made Sign displayed Siqn-intended Sign not meant Sign not meant
of light for limited for temp. use, for permanent for long-
materials period of time not installed display, other term use
permanently than portable
sign
- Limitations 4 permits/year 3 permits/year 30 sq.ft.-max. 3 permits/yr., 4 permits/year Zpermits/year
30 days/permit 7 days/permit 2 permits/year 14 days/permit 7 days/permit 10 days/permit
10 days/permitGrand openings-
30 days-grand 30 days
openings
eases----v--------------v--vas-viva va--ma--vmvmm-vqv--v--sam--ovoaa-v-------...vv-m----vv-aavvvvvvavemammmv
Campaign Signs No permit req.
No signs in signs removed Signs removed Signs removed signs removed
right-of-way, within 5 days within 10 days 5 days after 7 days after
boulevard of election of election election election
Signs removed 7 Not on- public, May not be on
days after elec. property public property
mvaa-av--seas vvm ve vv-m asses--vvvvvv-eves-v--av-vay�ovv vnvv-va-a---vNV--vevvvvvvaava-avaavamva
Sign Construction Approved Constructed in
plastic accord. w/UBC In accordance
Constructed in with UBC
accordance with
[1BC regs.
City of St. Anthony Proposed Sign ordinance Revisions
Draft #2 -- May 27 , 1992 Page -I-
1 CHAPTER 14. SIGNS
2 Chapter 1400 - SIGNS
3 1400.01 TITLE. This ordinance shall be known as the "St. Anthony Sign Ordinance"except
4 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:
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14
15 1400.03 SCOPE. This ordinance applies to all signs in the City, and describes signs which
16 are prohibited, signs which may be erected only with a permit, and signs which may be
17 erected without a permit. This ordinance also contains certain requirements for all signs
18 erected, administrative provisions for issuance of permits, procedures with respect to
19 variances, and penalty provisions.
20 1400.04 DEFINITIONS. For the purpose of this ordinance, the words and phrases in the
21 Section shall have the meanings set forth in this Section.
22 Subd. 1. ADVERTISING MESSAGE: that copy on a sign describing products
23 or services being offered to the public.
24 Subd. 2. ANIMATED SIGN: a sign which includes action or motion.
25 Subd. 3. BILLBOARD: a sign erected for the purpose of advertising a product,
26 event, person, or subject not entirely related to the premises on which said sign is
27 located.
28 Subd. 4. BUSINESS FRONTAGE: the linear frontage of that portion of a
29 building facing the right-of-way and occupied by one separate business.
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -2-
1 Subd. 5. CANOPY: a permanent roof structure attached to and supported by
2 the building.
3 Subd. 6. CHANGEABLE COPY SIGN: any sign which is characterized by
4 changeable copy, letters, or symbols, regardless of method of attachment.
5 Subd. 7. DIRECTIONAL SIGN: an on-premises sign designed to guide or
6 direct pedestrian or vehicular traffic.
7 Subd. 8. ELECTRIC SIGN: any sign containing electrical wiring but not
8 including signs illuminated by an exterior light source.
9 Subd. 9. FLAGS: devices generally made of flexible materials, such as cloth,
10 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 0 :::. ... ..... ... ....
Sut d 1:` MAJOR ANCHOR sm le`tenant in ;:shq' ` :ui certte :i.... t::ts:;
:.::.:.: >:..:..:.::.::.:..:..:::.......::.:.::::...::.1? ::... :. ::....::::..:.:::::::.::....:..::
31 2tT°c;o£?:t total square footage;and in excess . 5U�OOb square feet
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -3-
1 S bd. +5 VfARQUEE any permanent roof like..:;:struct r pr4Jq;..J g°beyot:d: a
2 balding zr extending alt�ng and projecting beyond the wall of' e buid�rtg�genera]ly
1.
3 designed andoustructed to pravde protection from the weate .:
4 Snbd. 3 7. ARQU SIGN. any igri atitiached to, an any tnannex, or arnade:< p rt
:.....:.................................................::..............:......................................................................,.........,:.....:...........:.......
6 Subd. 18. PEDESTAL: A foundation or base of a ground sign which either
7 directly supports the signage or completely screens the supporting members of the
8 sign.
9 Subd. 19. PERSON: An individual, firm, association, organization, partnership,
10 trust or corporation.
11 Subd. 20. POLITICAL SIGN: Any sign which states the name or picture of an
12 individual seeking election or appointment to a public office, or pertaining to a
13 forthcoming election or referendum, or pertaining to or advocating political views or
14 policies erected on private property, which are erected by a bona fide candidate for
15 political office or by a person or group supporting such a candidate and which
16 contains the name of the person or group chairman responsible for the erection and
17 removal of the sign.
18 Subd. 21. PYLON SIGN: Any sign which is freestanding by virtue of being
19 structurally independent of any structure or object other than uprights, braces or
20 poles, without guywires or pedestal.
21 Subd. 22. PROJECTING SIGN: A sign other than a wall sign, which is affixed
22 to a building and projects outward more than 15 inches from the building wall or
23 structure.
24 Subd. 23. PUBLIC SERVICE SIGN: Any sign primarily intended to promote
25 items of general interest to the community.
26 Subd. 24. REAL ESTATE SIGN: A sign pertaining to the sale, lease or rental
27 of the real estate upon which it is located.
28 Subd. 25. ROOF LINE: The uppermost line of the roof of a building, or in the
29 case of an extended facade, the uppermost height of the facade.
30 Subd. 26. ROOF SIGN: A sign erected upon the roof or parapet of a building,
31 the entire face of which is situated above the roof level of the building to which it is
32 attached, and which is wholly or partially supported by the building.
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -4-
1 Subd. 27. SHOPPING CENTER: Any group of four or more multiple occupant
2 retail stores or service establishments on one or more contiguous tracts of land in
3 single ownership, compromising 18,0091.Ma or more square feet of floor area with
4 parking provided on the tract or tracts of land for use in common by patrons.
5 Subd. 28. SIGN: Any structure, device, advertisement or visual representation
6 intended to visually advertise, identify or communicate information, or to visually
7 attract the attention of the public for any purpose unless located within a building
8 and not visible from the exterior of the building. Without limiting the generality of
9 the foregoing, the term includes any symbols, letters, figures, illustrations or forms
10 painted, or otherwise affixed to a building or structure, any beacon or search light
11 intended to attract the attention of the public for any purpose, and any structure or
12 device the prime purpose of which is to border, illuminate, animate or project visual
13 representation. Notwithstanding the foregoing, the term sign shall not include official
14 notices issued by any court or governmental body, notices posed by a public official
15 in the performance of official duties, or traffic control signs established pursuant to
16 governmental authority.
17 Subd. 29. SIGN SURFACE AREA: The area in square feet of the smallest
18 rectangular figure which circumscribes the area enclosed by the actual copy of a sign
19 including both sides of a sign with copy on both sides and including border and trim
20 of the sign. The supports, uprights or structures in which any sign is supported will
21 not be included in determining the sign area.
22 Subd. 30. STREET: A public highway, road, alley or thoroughfare.
23
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25 Gd IftYliSifit ' ; i( < 1 , 01#s retf flbtt�area with...; :8rklt . ,rtvtde >th
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26
rat t7r itacs iaAI use camrn4x b patrons
27 Subd. 32. TEMPORARY SIGN: Any sign, banner, pennant, valance or
28 advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard
29 or other light materials with or without frames; intended to be displayed for a limited
30 period of time only.
31 Subd. 33. WALL SIGN: A flat sign which does not extend-end more than 18
32 inches from the face or wall of the building upon which it is affixed, painted or
33 attached, running parallel for its whole length to the face or wall of the building, and
34 which does not extend beyond the horizontal width of such building.
35 Subd. 34. WALL SURFACE: The total surface area of the building face to
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -5-
1 which the sign is attached, including windows and door areas, measured to the
2 extreme outer limits of the wall surface.
3 Subd. 35. WINDOW SIGN: A sign affixed to or inside a window in view of the
4 general public, but excluding merchandise on display.
5 1400.05 APPLICATION.
6 Subd. 1. CONFORMITY: No sign may be erected, placed, altered or moved
7 unless in conformity with this.Chapter.
8 Subd. 2. OTHER CODE PROVISIONS: Nothing in this Chapter may be taken
9 to relieve any person from complying with the provisions of any other Chapter of the
10 City Code.
11 1400.06 GENERAL REQUIREMENTS.
12 Subd. 1. SIGN PERMIT NOT REQUIRED: The changing of the advertising
13 message of a painted or printed sign, theater marquee or changeable copy sign, and
14 the painting, repainting and cleaning of signs will not require a sign permit, but will
15 otherwise be done in compliance with the Chapter and any other applicable law or
16 section of this Code.
17 Subd. 2. HAZARD AND HAZARDOUS SIGNS: No sign may by reason of
18 its location, color or intensity, create a hazard to the safe and efficient movement of
19 vehicles or pedestrian traffic. No private sign may contain words which might be
20 construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise
21 resemble any official marker erected by a governmental body or agency, unless such
22 sign is a directional sign.
23 Subd. 3. FRAMEWORK OF SIGNS: When possible, the framework for the
24 lateral support of a sign must be contained within the sign's°body or within the
25 structure of the building to which it is attached so as not to be visible.
26 Subd. 4. . PLACEMENT OF SIGNS: No sign, or attachment to it, may be
27 erected, placed or maintained by any person on rocks, fences, or trees, nor in such
28 a manner as to interfere with any electric lights, power, telephone or telegraph wires,
29 or the supports thereof.
30 Subd. 5. MAINTENANCE: All signs, together with all of their supports,braces,
31 guys and anchors, must be kept neatly painted and posted. Every sign must be
32 maintained by the owner or person in charge of the sign in a clean, sanitary, and
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27_, 1992 Page -6-
1 inoffensive condition and free of litter, rubbish and weeds.
2 Subd. 6. INSPECTIONS: All signs for which a permit is required may be
3 inspected by the City Manager, and a permanent record, including photographs, may
4 be maintained. The City Manager or the City Manager's designated representative
5 may, after notice to the owner, enter upon any property to ascertain whether the
6 provisions of this Chapter are being complied with. The City Manager may order the
7 removal of any sign that is not maintained in accordance with this Chapter. In
8 addition, the following inspections will be made:
9 (1) All signs requiring footings must be inspected to insure that suitable
10 footings, as determined by the City Building Inspector in accordance
11 with appropriate building codes, have been used. Footing inspections
12 will be required for all ground signs and pylon signs before the sign is
13 installed.
14 (2) Electrical inspections will be required for any electric sign.
15 1400.07 PROHIBITED SIGNS. Signs that are not specifically permitted in the Chapter are
16 hereby prohibited. Without restricting or limiting the generality b£ the provisions of the
17 foregoing, the following signs are specifically prohibited:
18 Subd. 1. BALCONY SIGNS: Balcony signs and signs mounted or supported on
19 a balcony.
20 Subd. 2. OBSTRUCTING SIGNS: Any sign that obstructs any part of a
21 doorway or fire escape.
22 Subd. 3. EXTERIOR SIGNS: Signs, including those intended for viewing only
23 from the interior of a building but which can reasonably be viewed from exterior of
24 the building, which by reason of position, shape, wording, color, or any other
25 characteristic would interfere with the proper function of a traffic sign or signal, or
26 otherwise constitute a traffic or safety hazard.
27 Subd. 4. SIGNS_ WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC
28 EASEMENT.
29 Subd. 5. SEARCHLIGHTS, FLAGS OR WHIRLING DEVICES.
30 Subd. 6. SIGNS ON GLASS DOORS:. Signs on glass doors which total sign
31. surface area exceed 20% of the glass area of the door. The sign surface area of
32 nameplates and address identifications and pedestrian directives such as"pull',"push",
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -7-
1 "entrance" "exit" "use other door" "caution" and other instructions shall be included
2 with the sign surface area of all other signs on a glass door for the purpose of
3 determining the total sign surface area of such door.
4 Subd. 7. SIGNS NEAR LOTS: Signs other than wall signs which have any
5 surface area or structural member closer than 10 feet to a side lot line.
6 Subd. 8. SIGNS NEAR PROPERTY LINES: Signs which project beyond the
7 property line of the property upon which the sign is located.
8 Subd. 9. SIGNS NEAR ROOFS: Signs projecting more than 5 feet above the
9 roof line of the structure to which it is affixed.
10 Subd. 10. ADVERTISING SIGNS: Signs intended to be for the purpose of
11 advertising in R-1, 1 , R-2, R-3, and R-4, including those intended for viewing only
12 from the interior of a building but which can reasonably be viewed from the exterior
13 of the building.
14 Subd. 11. SIGNS ON WALLS: Wall signs having a sign surface area exceeding
15 15% of the area of the wall surface to which it is affixed.
16 Subd. 12. PROJECTING SIGNS.
Si
gnscnnstr��te �o �� � � �ness�g� ter
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17 cra �aaincatQ against t}lgstu�tur :
18 Sttbd. 13. FLAT SIGNS., -Signs eenstf:ueted se ihat the message e F
19 .
20 Subd. 13. SIGNS AFFIXED TO UTILITY POLES AND FENCES.
21 Subd. 14. EMITTING SIGNS: Signs which emit sound, odor or visible matter.
22 Subd. 15. ANIMATED SIGNS.
23 Subd. 16. FLASHING SIGNS: Flashing signs except any portion giving time,
24 temperature or weather.
25 Subd. 17. SIGNS ATTACHED TO A VEHICLE.
26 V hi'rtes v th`inrri ' "irateii`or<; ttae,e.
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27a: <ri4 _ arced �na.t� xpx�esformare an�8>hOUTS,
28 Subd. 18. BILLBOARDS.
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -8-
1 Subd. 9 :.<>'SQiS Oil3US SHELTERS'::>.>III . 5 of sighs:`et `:::: 1 ................................
4
2 seculentfcatittart. farmaUoti
3 1400.08 SIGNS REQUIRING NO PERMITS: Signs described in this Chapter, if they meet
4 all other requirements of this Chapter, may be erected without a sign permit.
5 Subd. 1. POLITICAL SIGNS: Freestanding political signs, not exceeding a sign
6 surface area of 16 square feet each, displayed on private property for a period of not
7 more than four weeks prior to the pertinent election date and not more than three
8 days after that election date.
9 Subd. 2. DIRECTIONAL SIGNS: Directional signs having a surface area not
10 greater than 5 square feet.
11 Subd. 3. CONSTRUCTION SIGNS: Signs denoting the architect, engineer, or
12 contractor, when placed upon work under construction, provided that the total sign
13 surface area of all such signs does not exceed the greater of 12 square feet or a ratio
14 of one square foot of sign surface per 100 square feet of floor space in the
15 construction project, up to a maximum of 32 square feet.
16 Subd. 4. MEMORIAL SIGNS: Memorial signs or tablets, or names of buildings
17 and date of erection when cut into masonry surface or constructed of metal or stone
18 and attached to the building, not exceeding a sign surface area of 4 square feet.
19 Subd. 5. IDENTIFICATION SIGNS: One identification sign per residential
20 dwelling unit, which shall not exceed a sign surface area of 4 square feet per surface
21 and shall have no more than two sign surfaces, and one address sign on the curb in
22 front of each dwelling unit.
23 Subd. 6. THIRTY DAY SIGNS, Signs whieh de net ha-ve a sign sur-faee area
24 in emeess ef 32 square feet and whieh are ereeted er- displayed for- a peried ef tiffle
25
26 Subd. 6. FREESTANDING SIGNS: Freestanding signs for garage sales or
27 similar event occurring within the corporate limits of the City, not exceeding 4 square
28 feet in sign surface area, erected on private property with permission of the land
29 owner, and displayed for not more than 3 consecutive days.
30 Subd. 7. WINDOW SIGNS: Temporary or permanent window signs duly
31 authorized by zoning and other laws of this City, provided that all such signs on a
32 frontage shall not have a total sign surface area greater than 50% of the glass area,
33 excluding doors, on such frontage and provided that a minimum of one-half of the
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27 , 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 Council must be
15 obtained to erect such signs upon or over public property and provided further that
16 such signs shall not be erected or posted for a period of more than 14 days prior to
If
17 the date of the event and must be removed within 3 days after the event. `>pr o
1s rmss�ot is nit bbzned frtjrn the City Nianagz, the stgrt xrIIemowe
.... ......... ......... .....
19 Ioctel:-°
20 Subd. 11. FLAGS AND EMBLEMS: Flags and emblems of pelitieal go rto3 t ,
21 civic,philanthropic,educational or religious organizations. F-1 sorites
22 .. i(i iFii}:v•iii::•.; ii 'iJiiiiiii :'
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the>se<>the< >fore >ttattoaaartr� < Ii
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23 Sta t :'; t ;r tl ? a :_:adt� teal o� sancti,ned .;` Elect a tsl x o ><n
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24
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.:::::::::::::::.:::::.:::::.:::::::::::::::::::::.:.:::F::::.:::.:::::. :::..:.::.:::::.::::.:: .........:..........:::::: >::..
2 6 <i:::::f fished<:
hey ht€:>€::These:>fla...s zzi t<Ueflo ±nn ardiincu►t1 <^ rctiCOl..es. b1
;:.:.> . g :.i:.i:.i .i:.iiii:.:;.:;.iii:.i:.i:.i:.;:.;:.;:.; :.i:.i:.i;:.i:.ii:.:......... ..
x$x s 1`... ... tl'at ed.S.ates £ox. .he S axs end Stapes iy ag ano n etr�ag.:at y
2 s ore or more of these Cont�itions shall be considered a A.emporar}F s In anal shall be
................
29 siject tv reu9attanas$ c �
30 Subd. 12. REAL ESTATE SIGNS: Real estate signs, provided the combined sign
31 surface area of such is not greater than 612 square feet. Real estate signs must be
32 removed within 7 days after the closing date.
33 Subd. 13. SIGNS AFFIXED ON BENCHES AT PUBLIC BUS STOPS
34 1400.09 SIGNS REQUIRING PERMITS
35 Subd. 1. PERMITS REQUIRED: No person shall erect, place, rebuild, alter or
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -10-
1 move a sign, other than those described in Subsection 1400.07.
2 Subd. 2. PERMIT FEES: A sign permit fee must be paid in accordance with the
3 fellevAng schedule
4 Tetal Gents Fes
5 ,
6
7 $1.00 to 500.00 $25.000
8 Over- $509.00 Over- $25.00 plus $4.000 peF
9 $1 00.00 o f eme e
10 e€-$599 9
11 Subd. 3. APPLICATION FOR PERMIT: Every application for a sign permit
12 must be accompanied by a plan or plans drawn to scale and including:
13 (1) The dimensions of the sign and, where applicable, the dimensions of
14 the wall surface of the building to which it is to be attached.
15 (2) The maximum and minimum height of the sign.
16 (3) The proposed location of the sign in relation to the face of the building
17 in front of which or above which it is to be erected.
18 (4) The proposed location of the sign in relation to the boundaries of the
19 lot upon which it is to be situated.
20 (5) If the sign is to be illuminated, the technical means by which this is to
21 be accomplished and the hours of illumination.
22 (6) Where the sign is to be attached to any existing building, a diagram or
23 photograph of the face of the building to which the sign is to be
24 attached.
25 (7) The name and address of the owner of the sign and the address of the
26 property where the sign is located.
27 (8) Where a ground level sign is proposed with berming, a diagram
2.8 showing grade level and dimensions of the berm.
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 1992 Page -11-
1 (9) Where a shopping center's comprehensive sign."plan is submitted, the
2 plan must include the location, size, height, color lighting and
3 orientation of 4.1>r signs.
4 (10) Where a ground sign is submitted, the plan must include the location
5 of the sign in relation to the lot lines and the building height, including
6 any difference from the established grade, size, color, lighting and
7 hours of illumination.
8 Subd. 4. PERMIT ISSUANCE.
9 (1) Each application must be reviewed for compliance by the City
10 Manager or the Manager's designee.
11 (2) If the proposed sign complies with this Chapter, a permit will be issued
12 within 30 days after the application date.
13 (3) A sign permit will become null and void if the work for which the
14 permit was issued has not been completed within one year of its
15 issuance, or renewed. Application for renewal will consist of the same
16 procedures as the initial application for permit, including payment of
17 any fee.
18 Subd. 5. SHOPPING CENTERSI� I'�'`M ] COMPREHENSIVE SIGN PLAN:
19 A comprehensive plan must be provided for the whole of a shopping center .
20 development. This plan includes the location, size, height, color, lighting and
21 orientation of all signs, and must be submitted for preliminary plan approval. When
22 a comprehensive plan is presented, exceptions to the regulations of this Chapter may
23 be permitted if the sign areas and densities for the plan as a whole are in conformity
24 with the intent of this Chapter and if such exception results in an improved
25 relationship between the various parts of the plan as determined by the Council.
26 Comprehensive Sign Plans will be reviewed by the City Planning Commission who will
27 forward a.recommendation to the Council on the appropriateness of the proposed
28 plan.
29 1400.10 GROUND SIGNS: Are permitted in all districts, subject to the following:
30 Subd. 1. PERMIT APPLICATION: A permit is applied for in accordance with
31 Subsection 1400.08.
32 Subd. 2. HEIGHT:
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 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. 0, 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 fora 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 St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27, 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) One identification sign per dwelling unit. The sign may npt emee
7 sign suffaee ar-ea-ef 2 square feet per- sur-faee and may have Be ffier-e
8 . Additionally one
9 address sign on the curb in front of each dwelling unit or on a
10 freestanding mailbox.
11 (2) Each multiple dwelling complex ( ina rrifis will be allowed
12 one freestanding sign identifying the complex "*'The sign may not
13 exceed 50 square feet in sign surface area. The sign structure including
14 the sign surface area, may not exceed 150 square feet in area. The
15 highest point of the sign may not be more than 10 feet above ground
16 level.
17 (3) Each church located within the corporate limits of this City, subject to
18 approval of size, location and type by the 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
34 feet from the basic grade level to the lowest element of the sign
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27 , 1992 Page -14-
1 surface and may not exceed 150 square feet, including both sides, in
2 sign surface area. Such an establishment will also be allowed one price
3 sign, not to exceed 8 square feet in sign surface area, for each frontage
4 having a curb cut. Such freestanding sign and price signs will be in
5 addition to those signs allowed in Part A of this Subdivision.
6 :::3 :: > '>`` ub ect to a rt�va ' f' t `:<Cctrnci and subin3ttal of a ct r es
7 sign plan! shop��ng center over :10(f;000 feet my ' iv . zajor
s aehr/�enan signs} depend�n .:tapQt;thenunaer t�l± ;�vxanchars
9 e,tbtaY. _ar ,shall not x eed 300 square.. ee
:.;:;:: ......... ........ ......... :.....:: ..... :...... .:...:... :.:..:: ...........
c ; .a . i) a ta :ac b ett auhc10 m
r rovh s
n......
11 sign plan, sbvppIng Cener` y6.r IOQOOOsquare feet ri# ybe$llvve
12 CIdl'Ponal wail signs£or ��shYnex�t� a�need add�t�a
13xpdsu °from d�fferenyantage pc��n#s: The number ofa d�itonaYi
:<:> e t >>
14 a1 beQ _ o. :mirc.a.
. r15 rn of�te.ga ao
16 t;flt'Whl .. 1ilove
17 (4).(-§5..). 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 fi: 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.
+i};}ii}i•5: ::v;:.i:f.i?iT;y}}::iy^:;,•.:?.i:i:::i::•:i::'.•.ii::: ii:::.:" ^:i....'::.�: {.iyf...........:
23 :<_::: u: ect><t :::a . ;oval<::<f: he<:Coune d:>as::a c: nc
�l
``.:.:..::::.::::::... .. ..PP.::::::.
24
PW
25 stet ::: uar <
26 ::sit rrr�itta ' :: x :e0W.
.. ......::._:._:::::::::::::::.::::.::::::. :::::::....:::::::::::::.
27 Sign Ia7 ; s# mail underUU,U00 square feriay ba}lcn�►�d:a
28 ro t >srgn with .a surface sign area not to exceed
29 9ubect io approval of the fi.QUnc�l, and subimttal of ct�mprehenve
.<
3 o saga plan, a major anchom enant over SU,ODU square feet_u stiff p rig
:.:::.:
31 center over 3OU,l�C?(i Square feet mt4y liVe., will s�grt Chat �s up to twice
:.
32 the sign surface area of which �s alloweor pthe�r comiercaat
33 e.........s...:...I.... . is......i. ..:.e.........n......:..:..t:.....9
... .. ..... .. ......
...
..
34
OV-a*'t of the:> ouncil,:a s�achl�ght is emitted f ?:
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27 , 1992 Page -15-
.:.;:..;
1 special event not to exceed three e0nsecunve rig
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 pertinent as
6 regulated in Subsection 1400.11, Subd. 213, or one freestanding sign as
7 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.
11at :€:: :?:>T £RATI :.CPI :>SPfG1a:::The Ic�Ilt�wnz
:.::.::::::::::::::.:::::::::.::::......:::.::......:::.::. :.::::::::..11 12 ae .V. .netAnd:- a-be erected al ter: btaxn :<a> a t'and%::.P
.......::.: .:.... :... ..
13 #fl '< ?1Tcellsif
14 ''< '>i'Sue #e a . rtavI Cif#lie unciliianz�xnent andvall:s ns;:are:< ti .
..,1 P:. :::�.:.:.:..:.:::::::.:::.:::::.::.:.,.:::.::::::::::.::::.,.:::.
15 a;loed m #ham d�strct; the aionurnent sag may have s s�grt sra
16 ra t� exceed 15cuae let. Tlae srurae area a wad
7
s�gt���y note cee 15% alp'the area of the mall t�wlu��t.:��:�a�plted.
18 1400.13 ADJUSTMENTS AND APPEALS.
19 Subd. 1. COMPOSITION: The commission of adjustments and appeals will be
20 comprised of all-e€ the members of the planning commission.
21 Subd. 2. POWERS AND DUTIES: The commission will hear and make
22 recommendations to the Council regarding:
23 (1) Appeals where it is alleged that there is an error in any order,
24 requirement, decision or determination made by an administrative
25 officer in the enforcement of this Chapter.
26 (2) Petitions for variances from the literal provisions of ordinances in
27 instances where their strict enforcement would cause hardship because
28 of circumstances unique to the individual property under consideration.
29 The commission may recommend the granting of such variances only
30 when it appears upon evidence presented that:
31 1. The granting of the variance will not be detrimental to the other
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27 , 1992 Page -16-
1 property in the neighborhood or City; and
2 2. A particular hardship to the applicant would result if the strict letter
3 of the regulations are adhered to; or
4 3. The conditions upon which the application for a variance is based
5 are unique to the sign or to the parcel of land for which the variance
6 is sought and are not applicable,generally, to other property within the
7 same land use classification.
8 1400.14 VARIANCES
9 Subd. 1. VARIANCES GRANTED: Variances may be granted by the Council after
10 a hearing is held by the Planning Commission and a recommendation is made to the
11 Council. Notices will be given, and a public hearing will be held, in the manner
12 provided in Section xx, Subd. xx, Item xx, of this Code's Zoning Chapter 16. T.1-be
13 T� >. ]a :wIi :a >;'Ear€€after..: ::.......n... ......... ..:.....
: .:: .::: ::::..:.: Y::::::::::::.:::::::
14 ;:.::tee:€ ?': 1i€ .,. t ;c
15 Subd. 2. MAJORITY VOTE: A majority affirmative vote of Council members
16 present is required to approve a variance.
17 Subd. 3. FEE: An application for a variance must be accompanied by the fee
18 provided in Section xx.
19 1400.15 NON-CONFORMING SIGNS
20 Subd. 1. LEGAL CONFORMING: All signs existing as of March 10, 1983
21 conforming to the requirements of this Chapter and not requiring permit under the
22 provisions of this Chapter, may be maintained so long as they continue to comply
23 with the provisions of this Chapter, as it may from time to time be amended.
24 Subd. 2. LEGAL NON-CONFORMING SIGNS: All signs existing as of March 10,
25 1983 which would be prohibited by this Chapter, or which would require a permit
26 under this Chapter but have not received a permit, will be deemed to be legal non-
27 conforming signs. Legal non-conforming signs may continue to exist without a permit
28 and without constituting a violation of this Chapter until one or more of the following
29 occurs:
30 (1) The sign is structurally altered (except for normal maintenance) in a
31 way which makes the sign less in compliance with this Chapter than it
32 was before the alteration.
City of St. Anthony Proposed Sign Ordinance Revisions
Draft #2 -- May 27 , 1992 Page -17-
1 (2) The sign is relocated to a.position making it less in compliance with
2 this Chapter than it was before the relocation.
3 (3) The sign is replaced.
4 (4) Any new primary sign is erected or placed in connection with the
5 enterprise using the legal non-conforming sign.
6 1400.16 ENFORCEMENT: If a sign is in violation of this Chapter, or is in danger of
7 falling, or is otherwise a menace to the safety.of persons or property, the City Manager may
8 give to the owner of the property on which the sign is located, written notice specifying the
9 violation, ordering the cessation of the violation and requiring either the removal of the sign
to or remedial work in the time and manner specified in the notice. In the event of failure to
11 comply with the notice within 30 days, the City Manager may remove the sign or cause such
12 remedial work to be done. The cost of the work performed by the City must be paid to the
13 City by the owner of the property by certifying the costs to the County Treasurer for
14 collection in the same manner as real estate taxes. If a sign which has been removed is not
15 reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise
16 disposed of by the City. If a sign is found to be an immediate danger to the public because
17 of its unsafe condition, it may be removed without notice, and-written notice of removal and
18 reasons for the removal will be.given-to the owner of the property on which the sign located
19 as soon as possible.
Planning Commission Bylaws Draft #1, May 11, 1992
CITY OF ST. ANTHONY PLANNING COMMISSION BY-LAWS
1. The number of meetings per month and a schedule of meeting
dates shall be established and may be altered or changed at
any regularly scheduled meeting. One regular meeting date is
established each month on the third Tuesday at 7 : 30 P.M. in
the Council Chambers.
2 . Additional meetings may be held at any time upon the call of
the chairperson or by a majority of the voting members of the
commission or upon request of the .City Council following at
least twenty-four hours notice to each member of the
commission.
3 . The commission at its first regular meeting in January of each
year shall elect a chairperson and vice-chairperson and shall
also elect a recording secretary who need not be an appointed
member (however, City staff usually contracts with an
individual to perform this function) .
4. The duties and powers of the officers of the Planning
Commission shall be as follows:
A. Chairperson:
(1) Preside at all meetings of the commission.
(2) Call special meetings of the commission in
accordance with the by-laws.
(3) Sign documents of the commission.
(4) See that all actions of the commission are properly
taken.
B. vice-chairperson:
During the absence, disability, or disqualification of
the chairperson, the vice-chairperson shall exercise or
perform all the duties and be subject to all the
responsibilities of the chairperson.
C. Recording secretary:
(1) Give or serve all notices required by law or by the
by-laws (performed by the City Clerk) .
(2) Prepare the agenda for all meetings of the
commission (performed by the City Clerk) .
(3) Be custodian of commission records (performed by
the City Clerk) .
(4) Inform the commission of correspondence relating to
business of the commission and attend to such
correspondence (performed by the City Manager or
designee) .
(5) Handle funds allocated to the commission in
PAGE 1
Planning Commission Bylaws Draft #1, May 11, 1992
accordance with its directives, the law, and city
regulations (performed by the City Manager) .
(6) Sign official documents of the commission.
5. All maps, plats, and other matters required by law to be filed
with the City Clerk.
6. Matters referred to the commission by the City Council shall
be placed on the calendar for consideration and action at the
first meeting of the commission after such reference.
7 . A majority of the members of the commission entitled to vote
shall constitute a quorum for the transaction of business.
8. Reconsideration of any decision of the commission may be had
when the interested party for such reconsideration makes a
showing - satisfactory to the chairperson and/or City Manager
- that without fault on the part of such party essential facts
were not brought to the attention of the commission.
9. Roberts Rules of Order are hereby adopted for the government
of the commission in all cases not otherwise provided for in
these rules.
10. These rules may be amended at any meeting by a vote of the
majority of the entire membership of the commission, and City
Council approval, provided five (5) days' notice has been
given to each member of the commission.
11. Deadline for Agenda: Deadline for filing for placement on the
agenda for applications of any planning related issue shall be
exactly one month prior to the meeting the applicant desires
to be heard.
12. Order of Consideration of Agenda Items:
The following, procedure will normally be observed; however, it
may be rearranged by the chairman for individual items if
necessary for the expeditious conduct of business:
(1) Staff presents report and makes recommendation.
(2) The Planning Commission may ask questions regarding the
staff presentation and report.
(3) Proponents of the agenda items make presentation.
(4) Any opponents make presentations.
(5) Applicant makes rebuttal of any points not previously
covered.
(6) Planning Commission asks any questions it may have of the
proponents, opponents, or staff, and then takes a vote.
13 . Deadline for Consideration of Agenda Items: No new agenda
PAGE 2
Planning Commission Bylaws Draft #1, May 11, 1992
items shall be taken up after the agenda has been approved by
the Planning Commission.
14 . Designation of Voting Order: Voting to be by verbal vote; and,
the order of voting to be rotated each month except that the
chairperson shall vote last.
15. Any member of the Planning Commission who shall feel that
he/she has a conflict of interest on any matter that is on the
Planning Commission agenda shall voluntarily excuse
himself/herself, vacate his/her seat, and refrain from
discussing and voting on said items as a Planning
Commissioner.
16. Each member of the Planning Commission who has knowledge of
the fact that he/she will not be able to attend a scheduled
meeting of the Planning Commission shall notify the City
Manager at the earliest possible opportunity and, in any
event, prior to 4 : 30 P.M. on the date of the meeting. The
City Manager shall notify the chairperson of the commission in
the event that the projected absences will produce a lack of
quorum.
17. The chairperson shall be an ex officio member of all
committees, with voice but no vote.
18 . No member may serve two (2) full consecutive terms as
chairperson.
19. The vice-chairperson shall succeed the chairperson if he/she
vacates his/her office before his/her term is completed, the
vice-chairperson to serve the unexpired term of the vacated
office. A new vice-chairperson shall be elected at the next
regular meeting.
20. The by-laws may. be amended at any meeting of the Planning
Commission by a majority of quorum of the commission, provided
that notice of said proposed amendment is given to each member
in writing at least two weeks prior to said meeting. In
addition, any amendment to the Planning Commission by-laws
must be approved by the City Council.
PAGE 3
Section 305 - PLANNING COMMISSION
305.01 Character of Planning Commission. The Planning Commission of the City is
the planning agency within the meaning of Minn. Stat. §§ 462.351-.365. In such
capacity, the Planning Commission will be advisory to the Council.
305.02 Membership.. The Commission will consist of seven members, all of whom
will be residents of the City appointed by affirmative vote of a majority of the
members of the Council. Three members were appointed for a three-year term
expiring December 31, 1985, two members were appointed for a two-year term
expiring December 31, 1984, and two members were appointed for a one-year term
expiring December 31, 1983.
All subsequent appointments or renewals will be for a three-year term except where
a•vacancy occurs in the middle of a term, in which case the appointment will be for
the duration of the unexpired term.
A member whose term is expiring must be notified by the City Manager 60 days in
advance of expiration of the term, and the member must indicate in writing his or
her desire to be reappointed to another term.
305.03 Vacancies. Any of the following will cause the office of a Planning
Commission member to become vacated:
(a) Death.
(b) Disability or failure to serve.
(c) Removal of legal residence from the .City.
(d) Resignation in writing.
(e) Failure to uphold the oath of office.
(f) Failure to attend 4 or,more scheduled meetings of the Planning
Commission in a calendar year, unless waived by the Council after a
written request from the member.
The City Manager will keep a list of all residents of the City who have expressed in
writing an interest in serving on the Planning Commission. When the Council is
notified that a vacancy exists or is about to exist, the person's on the list will be
informed by mail of the vacancy and asked to indicate their continuing interest in
the position and willingness to be interviewed. Failure of persons to respond' in
writing to express their willingness to be interviewed may cause their names to be
3-12
removed from the list. The Council will set a time and place for interviewing those
residents who have responded and indicated a continuing desire to serve on the
Planning Commission and written notice of the time and place will be sent to those
residents who are on the list. The City will also publish an open invitation to all
residents interested in serving on the Planning Commission to inform the City
Manager in writing of their interest and. desire to be interviewed.
After the interviews are completed and the vacancy filled, the City Manager will
prepare and maintain a list of all residents who appeared for the interviews and
wish to remain on the list and all other residents who express in writing a desire to
serve.
Failure to follow the above procedures will not invalidate the appointment of any
member to the Planning Commission. Vacancies will be filled by the Council as
soon as may be practicable for the unexpired portion of a term.
305.04 Compensation. Planning Commission members will serve without
compensation.
305.05 Organization. The Commission will appoint a secretary, who may but need
not be.a member of the Commission. The Commission will hold at least one
regular meeting every month. At the first meeting of each year, the Commission
f
will arrange the dates of its regular monthly meetings through the end of that year.
305.06 Powers and Duties. The Planning Commission will:
(a) Review and.make recommendations to the Council as to a
comprehensive municipal plan, including the land use plan, a
community facilities plan, a transportation plan and recommendations
for plan adoption and execution.
(b) Consider and make recommendations to the Council as to all proposed
subdivisions and plats.
(c) Consider and make recommendations to the Council as to all proposed
amendments to Chapter 15 of this Code regarding zoning.
(d) Consider, hold hearings and make recommendations on conditional
use permit applications.
(e) Review all applications for variance to zoning, hold hearings and
make recommendations to the Council.
(f) Review requests'for sign variances.
3-13
305.07 Council Action Without Recommendation of the Planning Commission. If
a matter is required to-be referred to the Planning Commission and is referred-to the
Planning Commission and if no recommendation is transmitted by the Planning
Commission to the Council within 60 days after referral to the Planning
Commission, the Council may take action without such recommendation. If a
matter not required to be referred to the Planning Commission is referred to the
Planning Commission, the Council may at any time take action without the
recommendation of the Planning Commission.
Section 310 - PUBLIC SAFETY
310.01 Policies. The Council has the authority and duty to provide for the
government and good order of the City, the-suppression of vice and immorality, the
prevention of crime, the protection of public and private property, the benefit of
residence, trade, and commerce, and the promotion of health, safety, order,
convenience, and the general welfare of the residents by means not inconsistent
with the Constitutions and laws of the United States and the State of Minnesota.
310.02 Purpose. . This Section is intended to further the policies stated in Section
310.01 and to provide for the organization of separate police and fire departments for
the City.
310.03 Manager's Duties. The Manager will see that statutes relating to the City and '
' the laws, ordinances, resolutions and other official acts of the City are enforced. The
Manager will exercise supervision and control over the Police Department and the
Fire Department and will be responsible for hiring and firing all supervisory and
other members and employees of the Police and Fire Departments.
310.04 Police Department.
Subd. 1. Responsibilities. The Police Department will have the duties and
responsibilities given in accordance with the Constitutions and laws of the
United States and the State of Minnesota, this Code and other official acts of
the City. The Police Department, under the direction of the Chief of Police, is
charged with the protection of all persons and property within the corporate
limits of the City, and such other areas as agreed upon by the Council or
required by law. The Police Department will be responsible for prevention of
crimes, accidents and civil disorders, control of traffic, and general
enforcement of this Code and applicable statutory laws.
Subd. 2. Chief of Police. The Police Department is under the supervision and
direction of a Chief of Police, who will report directly to the Manager. In
addition to supervising the department, the Chiefs responsibilities and
duties will include but not be limited to the following:
3-14
ST . ANTHONY CITY COUNCIL
REGULAR COUNCIL MEETING
4
5 JUNE 2 , 1992
6
7
8
9 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
10
11 The meeting was called to order at 7 : 30 p.m. by Mayor Ranallo
12_ who led the Pledge of Allegiance .
13
14
15 2 . ROLL CALL
16
17 Council Present : Mayor Ranallo, Councilmembers Marks ,
18 Fleming and Wagner.
19
20 Councilmember Enrooth was out of town .
21
22 Staff Present : City Manager Burt and Management
23 Assistant Urbia
24
25 Mayor Ranallo introduced Linda Swenson , the new Bulletin
26 reporter .
29 3 . APPROVAL OF JUNE 2 , - 1992 COUNCIL AGENDA
30
31 Motion by Marks , second by Fleming to approve the agenda for
32 the June 2 , 1992 Council Meeting with one addition - to the
33 Manager ' s Report , that- being, the status of the Pirino
34 property .
35
36 Motion carried unanimously
37
38
39
40 4 . APPROVAL OF MAY 26 , 1992 COUNCIL MEETING MINUTES
41
42 Motion by Marks , second by Wagner to approve the minutes of
43 the May ' 26 , 1992 Council Meeting as presented with the
44 following correction :
45
46 page 3 , line 17 : The sentence should read: "She also told
47 the Mayor she is trying to find out the
48 date of the Wall Street Journal article . "
49 Delete all of the rest of the sentence .
50
51
Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 JUNE 2 , 1992 •
3 PAGE 2
4
5
6 5 . LICENSES/PERMITS/PETITIONS
7
8 Contractor ' s License
9
10 Motion by Marks , second by Wagner to approve the application
11 for a contractor ' s license as submitted by Lone Oak Tree
12 Service , Inc . of Minneapolis , Mn .
13
14 Motion carried unanimously
15
16 Heatina Licenses
17
18 Motion by Marks , second by Wagner to approve the application
19 for a heating license as submitted by Snell Mechanical & A/C
20 of Bloomington , Mn .
21
22 Motion carried unanimously
23
24
25 Motion by Marks , second. by Wagner to approve the application
26 for a heating license as submitted by Sharp Heating & A/C of
27 Columbia Heights , Mn . •
28
29 Motion carried unanimously
30
31
32 Motion by Marks , second by Wagner to approve the application
33 for a heating license as submitted by Anderson & A/C of
A Columbia Heights , Mn .
35
36 Motion carried unanimously
37
38
39 Motion by Marks , second by Wagner to approve the application
40 for a heating license as submitted by Superior Contractors ,
41 Inc . of Minneapolis , Mn .
42
43 Motion carried unanimously
44
45
46 Multiple Dwellina License
47
48 Motion by Marks , second by Wagner to approve the application
49 for a multiple dwelling license as submitted by Kleinman
50 Realty for 144 units at Diamond 8 Terrace .
5i
52
53 Motion carried unanimously •
54
REGULAR COUNCIL MEETING
JUNE 2 , 1992
PAGE 3
e
5 3 .2 Beer Permit
6
7 Motion by Wagner , second by Fleming to approve the application
8 for a 3 . 2 beer permit as submitted by Greg Prom for use in
9 Central Park on July 31 , 1992 , 4 : 00 p.m. to 10 : 00 p.m.
10
11 Roll call : Ranallo , Fleming , Wagner - aye
12 Marks - nay
13
14 Motion passes
15 -
16 6 . PRESENTATION OF CLAIMS
17
18 Motion by Marks , second by Fleming to approve the three pages
19 of verified claims as prepared by the Finance Director .
20
21 Motion carried unanimously
22
23
24 7 . REPORTS
25
26 A. Planning Commission Report
0 Commissioner Gondorchin was representing the Planning
29 Commission .
30
31 1 . South End Redevelopment
32
33 The City Manager advised that a.11 four options for
34 redevelopment of the South End of the City, as drafted- by
35 BRW, were presented to the Planning Commission. He noted
36 that the subjects of the Unocal Station , taxes -and the
37. Tax Increment Financing District extension were
38 discussed .
39
40 Members of the Planning Commission felt further
41 discussion was needed of all four options , specifically
42 regarding land usage . The Commission did recommend that
43 the Good Luck Cafe and Rosie ' s Cafe be purchased by the
44 City for future development and the roadway design and
45 proposed landscaping were acceptable.
46
47 The City Manager stated that he is presently waiting for
48 an appraisal to be done on the Rosie ' s property. The
49 building is now vacant and the owner appears to be eager
50 to sell . The City Attorney has recommended that an
51 appraisal be conducted so the City will not be paying too
5 much for the property . He hopes to avoid condemnation . He
is. also hopeful of acquiring the Good Luck property in
the near future .
1 REGULAR COUNCIL MEETING •
2 JUNE 2 , 1992
3 PAGE 4
4
5 The City Manager noted that a small portion of a
6 residential lot will have to be purchased for the
7 project . He will be negotiating this soon . Construction
a should begin some time next season .
9
10 He noted that there were some very positive comments made
11 at the Planning Commission ' s Public Hearing. It was
12 difficult to explain Tax Increment Financing in a short
13 time but most people appeared to have an accurate
14 understanding of its intent .
15
16 Motion by Marks , second by Wagner to approve the concept
17 plan for the roadway in the South End of the City as
18 recommended by the Planning Commission .
19
20 Motion carried unanimously
21
22
23 2 . Chancres to the Parking Ordinance
24
25 Commissioner Gondorch.in advised that the Planning
26 Commission had viewed the videotape made by staff . This
27 videotape recorded situations which presently exist in •
28 the City which would be in violation of the proposed
29 ordinance .
30
31 He noted that the ordinance was recommended for approval
32 by the Planning Commission with one abstention .
33
34 Mayor Ranallo advised those in attendance of the reasons
35 for pursuing this ordinance . He noted that members of the
36 City Council have received numerous complaints from
37 residents regarding recreational vehicles and equipment
38 which is parked in front yards . These property owners
39 have not indicated their opinions to their neighbors in
40 order to avoid hard feelings . Staff had been instructed
41 to pursue two ordinances ; one which addresses parking
42 regulations with regard to front yard parking and a
43 housing maintenance ordinance which would address issues
44 such as paint , disorderly yards , poor landscaping, etc . .
45
46 The Mayor noted he has received approximately fifteen
47 phone calls regarding this proposed ordinance . Some of
48 the callers were in support of the ordinance and some
49 were not . He felt those who were supportive would not be
50 attending the meeting tonight .
51
52 He stated that the regular council meeting had been •
53 rescheduled to the first Tuesday of the month because
54 there was a conflict with the League of Minnesota Cities '
1 REGULAR COUNCIL MEETING
0 JUNE 2 , 1992
PAGE 5
4
5
6 Conference . He wanted this to be made clear as some
7 residents stated they felt the meeting had been changed
8 to avoid public comment regarding the proposed parking
9 ordinance .
10
11 In response to the claim that this proposed ordinance has
12 received little publicity , the Mayor noted he had
13 mentioned it in his cable television program which has
14 been run on cable seventeen times . He had also referred
15 to this matter in his goa.lsetting article which appeared
16 in the City newsletter .
17
18 The City Manager advised he has received an opinion from
19 the City Attorney regarding property owners voting on
20 this issue . The opinion stated that only the City Council
21 can pass or rescind an ordinance . This matter cannot be
22 placed on a General Election ballot for all property
23 owners to vote on .
24
25 The City Manager, referring to the section which includes
26 R-lA zoning, stated that this zoning is being considered
for removal from the ordinance . The only R-lA zone in the
City is on Silver Lake property. The front yards of lake
029 property most often faces the street and the back yards
30 face the Lake . These property owners store their
31 recreational equipment in their front yards in most
32 instances .
33
34 Ron Sonmore , 2708 34th Avenue, who is a thirty-four year
35 resident of St . Anthony, stated he has owned boats and
36 recreational vehicles for over twenty years . He has
37 stored this equipment in hi,s front yard for all of that
38 time and has received no complaints .
39
40 Mr . Sonmore took umbrage at having recreational vehicles
41 labelled as "visual pollution" by a Planning Commission
42 member . He and his wife toured seventy-one square blocks
43 of the community and took thirty-four photos of
44 recreational equipment in that area . He submitted his
45 photos to the Council and is of the opinion that all of
46 this equipment was being stored in an.acceptable manner .
47
48 Mr . Sonmore feels that there are some problems with the
49 parking of commercial vehicles i-n residential
50 neighborhoods , but noted there are already laws on the
51 books which address these problems . Mr . Sonmore said that
52 thirty percent of the City ' s residents are senior
citizens and many of them have recreational vehicles . He
disagrees that senior citizens ' incomes are "expandable"
1 REGULAR COUNCIL MEETING •
2 JUNE 2 , 1992
3 PAGE 6
4
5
6 and that storage is available , affordable, or in close
7 proximity to the City . He personally drives fifty miles
8 to store his motor home in the winter .
9
10 Mr . Sonmore suggested that a 50 ' s solution is being
11 proposed for a 90 ' s problem.
12
13 Bob Ring, 3216 Edgemere Avenue, stated he will have
14 problems with the . forty-eight hour limit being proposed.
15 He noted that his recreational vehicle is frequently in
16 his yard for a week or ten days . He suggested a ten day
17 limit may be more acceptable .
18
19 Councilmember Fleming said she has received more phone
20 calls from residents who support the proposed ordinance
21 than from those who oppose it . She inquired of Mr .
22 Sonmore if he has noticed an increase of recreational
23 vehicles in the City . He responded he has not really
24 noticed an increase and was surprised at how few there
25 were .
26 -
27 The City .Manager stated that staff has observed sixty •
28 situations which would be in violation of the proposed
29 ordinance .
30
31 Sande Antczak , 3501 36th Avenue , feels her recreational
32 vehicle is neither a hazard nor visual pollution . It
33 accommodates the lifestyle of her family as their
34 interests focus on camping and fishing.
35
36 Mrs . Antczak also questioned the type of security
37 available for storing of recreational vehicles . She is
38 aware of some units which have been damaged and burned
39 while being stored . She has contacted four companies
40 which offer recreational vehicle storage and feels the
41 storage fees are quite expensive. She inquired what
42 alternatives the Planning Commission and the City Council
43 are prepared to offer owners of recreational vehicles for
44 storing their equipment if this ordinance is approved.
45
46 Mary Rockwood, 3404 Silver Lake Road, who owns a motor
47 home which is stored on her property, suggested the City ,
48 should provide a free, paved , fenced parking lot for
49 storage of this type of equipment .
50
51 Mrs . Rockwood also noted she has never been advised that
52 the vehicle which is referred to as the "weiner wagon" •
53 was offensive to many residents . This vehicle is her
54 daughter 's business and is stored in the winter . Mrs .
REGULAR COUNCIL MEETING
TUNE 2 , 1992
PAGE 7
4
5 '
6 Rockwood .stated she would have appreciated being told
7 that there have been complaints .
8
9 Steve Fuchs , 2416 34th Avenue, purchased his home in
10 1985 . The home needed considerable work as it was in poor
11 condition . During the remodelling, Mr . Fuchs added a
12 three car garage and poured a slab on which to park his
13 recreational vehicle . To date, he has received no
14 complaints from his neighbors regarding his vehicle . Mr .
15 Fuchs noted he had called all four Councilmembers
16 regarding this proposed ordinance and received no return
17 calls from them. He did not contact Mayor Ranallo .
18
19 Bill Zawislak , 2500 34th Avenue , stated he has viewed a
20 twenty block area in the City and has seen about one in
21 three properties which would have an extra spot for
22 parking a recreational vehicle . Mr . Zawislak is of the
23 opinion that only commercial vehicle parking should be
24 eliminated and recreational vehicle parking not be
25 addressed .
26
Cindy Hartett , 2917 Hilldale Avenue , advised the Council
she owns a boat and she noted that Minnesota has the
29 largest number of boat owners in the country. She has
30 limited space on either side of her home to store or park
31 anything. Ms . Hartett feels the closeness of a piece of
32 recreational equipment parked on the side of a home may
33 be more offensive to a neighbor than having the equipment
34 in the front yard.
35
36 Jim McNulty , 2921 33rd Avenue, stated he really knows
37 what "visual pollution" is and referred to one of his
38 neighboring properties . He is' not offended by the
39 appearance of recreational vehicles and does not support
40 passage of the ordinance .
41
42 Marion Sandberg, 3308 Croft Drive, noted that her family
43 and many of her neighbors spend considerable time in
44 their backyards and would find parking their recreational
45 vehicles there offensive . She also said many trees ,
46 shrubs and bushes would have to be removed to accommodate
47 parking the unit in the backyard .
48
49 Erling Weiberg, 3409 36th Avenue , stated he does not own
50 a recreational vehicle , but has no problems with the
51 parking arrangements of his neighbor ' s . He felt the
5 ordinance would force property owners to remove their
equipment from their property and their property rights
would be violated . Mr . Weiberg suggested that if the City
1 REGULAR COUNCIL MEETING •
2 JUNE. 2 , 1992
3 PAGE 8
4
5
6 requires this then parking places should be supplied by
7 the City .
8
9 LeRoy Heuer, 4016 Silver Lake Road , is self-employed and
10 parks his full -size commercial vehicle on his property
11 daily . He feels the ordinance is discriminatory.
12
13 Jeff Kennedy , 2800 Hilldale Avenue, owns a tent trailer
14 and would find it difficult to store it in his garage
15 which is already crowded .
16
17 The City Manager noted that a variance can be granted for
18 anything in a zoning ordinance . He explained that a
19 hardship would support o variance and a hardship could be
20 a physical limitation . The fee for a variance is $60 . 00 .
21
22 The Mayor advised that the ordinance was drafted by staff
23 at the request of the City Council as a result of
24 discussions at the Council ' s goalsetting session . The
25 City Attorney advised the Council that there can be no
26 discrimination between commercial and recreational
27. vehicles . •
28
29 Councilmember Marks advised he has received many calls
30 regarding this proposed ordinance and none of the callers
31 favored its passage . Some of the callers felt this would
32 be an intrusion on their way of life . He had concern with
33 the enforceability of the ordinance and noted it may be
34 an unnecessary and unwise use of the Police Department
35 and Public Works Department ' time . Councilmember Marks
36 noted that what is being labelled as a 'problem may not
37 really be a problem. He feels the situations regarding
38 commercial vehicles may be the problems .
39
40 Motion by Marks to cease further consideration of this
41 ordinance change.
42
43 Mayor Ranallo stated he could not support this motion and
44 recalled that many residents had indicated they felt this
45 ordinance was being forced by the Council . He suggested
46 another meeting be held to discuss the matter of
47 commercial vehicles specifically .
48
49 Councilmember Fleming felt the issue of vehicles which
50 are not well maintained should be considered .
51
52 Ron Sonmore identified these vehicles as "attractive
53 nuisances" and felt an ordinance could be drafted which
54 would address this issue . The Mayor stated it would be
REGULAR COUIvCIL MEETING
JUNE 2 , 1992
3 PAGE 9
4
5
6 difficult- to determine an "eyesore . "
7
8 The City Manager noted that a "nuisance" ordinance was
9 discussed during the recodification process . The City
10 Attorney advised that identifying a vehicle as a
11 "nuisance" is not a reliable method to solve an issue and
12 that more specifics would be necessary .
13
14 Councilmember Fleming observed that storage should be a
15 consideration when purchasing recreational equipment . The
16 City of Brooklyn Park does not allow storage or parking
17 of any motor homes on residential property.
18
19 Art Van Sloan , 3100 31st Avenue , stated he had inquired
20 when he purchased him home twelve years ago if he could
21 park and store his camper trailer on his property . He was
22 advised by City staff this was allowable and
23 "grandfathered in . "
24
25 Councilmember Marks ' motion dies for lack of a second .
26
Councilmember Wagner noted he has received many comments
on the proposed ordinance and many candid messages were
29 left on his answering machine . He feels . the Council ' s
30 purpose in soliciting resident ' s comments was achieved
31 and that the Council should continue the discussion and
32 the researching of the impact the ordinance wi11 have . He
33 also thinks the Council should endeavor to eliminate what
34 is considered "unsightly . "
35
36 Motion by Wagner , second by Fleming to postpone the first
37 reading of the ordinance until after the next Council
38 Meeting .
39
40 Mayor Ranallo inquired i'f the Council has the authority
41 to limit the parking of commercial vehicles . He also
42 observed that some recreational vehicles are parked in
43 the right-of-way .
44
45 The City Manager responded that the definition of a
46 commercial vehicle is any vehicle which has commercial
47 license plates or is used for the intent of commercial
48 activity . He felt the regulation and enforcement of this
49 may be difficult .
50
51 Roll call : Fleming, Wagner , Ranallo - aye
Marks - nay
4 Motion passes
1 REGULAR COUNCIL MEETING
2 JUNE 2 , 1992
s PAGE 10
4
5
6 The Mayor observed that ordinances are not adopted to
7 make residents miserable or situations difficult . He also
8 noted there are no ordinances present-ly in place which
9 would prohibit someone from living in a motor home. This
10 type.of activity has been observed and the City- staff was
11 not in a position to prohibit it as there were no
12 enforcement avenues which could be pursued.
13
14 3 . Sheik ' s Restaurant , Apache Plaza , Conditional Use Permit
15
16 Commissioner Gondorchin noted that the discussion at the
17 Planning Commission Meeting centered on a definition of
18 a kiddie ride . The Commission members agreed they should
19 not create a definition , but rather leave this to the
20 staff and the manufacturers of the rides .
21
22 The Planning Commission recommendation is to have Mr .
23 Alwan provide to staff a list of the rides he wants in
24 his establishment . Staff would view the list and make
25 recommendations from the material supplied by Mr . Alwan.
26 If , in the event replacement rides were needed , Mr . Alwan
27 would make his selections from the list approved by
28 staff .
29
30 Mr . Alwan would like to have a total of twenty rides in
31 his operation which would appeal to children from three
32 to ei-ght years of age. Mayor Ranallo stated he could
33 support having staff approve the rides and was supportive
34 of the identified age group mentioned by Mr . Alwan . The
35 City Manager advised that if a. situation develops whereby
36 staff and Mr . Alwan do not agree on an amusement device,.
37 the matter will be returned to the Council for its
38 consideration .
39
40 Motion by Rana-llo, second by Marks to approve the
41 conditional use permit for amusement devices for Sheik ' s
42 Garden Restaurant at Apache Plaza based on the same
43 findings as those of the Planning Commission which allows
44 up to twenty rides/games which will be used only by
45 children up to eight years of age and that a review will
46 be conducted after six months with Mr . Alwan and City
47 staff .
48
49 Motion carried unanimously
50
51
52
53
54
I REGULAR COUNCIL MEETING
JUKE 2 , 1992
46 PAGE 11
4
J
6 Con-nissioner Gondorchin advised that the Planning
7 Commission had briefly reviewed the sign request from
8 Stop-N-Shop . The request had been withdrawn as the owners
9 had indicated they intend to discuss the matter further
10 with their fuel supplier .
11
12
13 The concept review for 3821 Foss Road, as submitted by a
14 developer who owns the property, had also been discussed
15 by the Planning Commission .
16
17
18 Mayor Ranallo stated he felt the proposed parking
19 ordinance should have had a public hearing at the
20 Planning Commission meeting, not at the City Council
21 meeting. The Housing Maintenance Code Ordinance will have
22 its public hearing at the Planning Commission meeting.
23
24 Mr . Zawislak felt a date should have been set already for
25 the Housing Maintenance Code public hearing. He noted
26 there were many residents at tonight ' s meeting who were
interested in this matter .
Commissioner Gondorchin stated that the Housing
30 Maintenance Code still requires some correcting before it
31 will be on a Planning Commission agenda again .
32
33
34 B. City Council Reports
35
36
37 1 . Report of Councilmember Marks
38
39 Councilmember Marks noted he had attended the last
40 Planning Commission meeting.
41
42 The Sister City Committee has held numerous
43 meetings regarding the visit of residents from
44 Salo, Finland . Councilmember Marks advised they
45 will be arriving on July 8th and plan to leave on
46 July 16.th . There has been considerable activity via
47 the phone and letters . Many of the visitors will be
48 staying at the Salvation Army Camp on Silver Lake .
49
50
51 2 . Report of Councilmember Wagner
52
Councilmember Wagner had nothing to report at this
time .
I REGULAR COUNCIL MEETING
2 JUKE 2 , 1992 •
3 PAGE 12
4
5
6
7 3 . Report 'of Councilmember Fleming
8
9 The Village Fest Committee will be meeting every
10 other week . The next meeting is scheduled for June
11 8th .
12
13 Councilmember Fleming intends to attend the League
14 of Minnesota Cities Conference in Bloomington .
15
16
17 4 . Report of Mayor Ranallo
18
19 The Mayor stated that after two and one half years ,
20 bus route #25 has been changed so it will run past
21 Kenzie Terrace . He feels much of the credit for
22 making this a reality is due to Bruce Nawrocki ; a
23 Metropolitan . Transit Commissioner .
24
25 There will be two buses , at 9 : 32 - a .m. and 10 : 32
26 a .m. which go into Minneapolis . A press release
27 will be prepared to announce these new schedules .
28
29 Ed Grabowski , a resident of Autumn Woods , will have
30 pocket schedules prepared for Route #25 .
31
32 This new service will commence on Monday, June 8th .
33 .
34
35 C. Report of the City Manager
36
37
38 1 . Pirino Property
39
40 The City Manager advised that Duane Grace has
41 viewed the Pirino property for violations . Twenty-
42 two code violations have been observed. Permits
43 have not been gotten for some of the work already
44 done on the structure .
45
46 Currently, staff is contemplating legal action . Two
47 letters have been sent to Mr . Pirino regarding the
48 violations and staff was advised that his attorney
49 will be responding.
50
51 Staff is using the services of a League of
52 Minnesota Cities legal counsel . The present
53 appearance of the structure is viewed as a
54 nuisance . The inside of the structure has not been
1 REGULAR COUI:CIL MEETING
JUKE 2 , 1992
PAGE 13
t
5
6
7 viewed . June 15th is the date set for meeting the
8 code. The City ' s legal counsel recommended taking
9 formal action if this date has not seen the
10 commencement of action to correct .code violations .
11
12
13 2 . Cable Television
14
15 This issue was removed from the agenda . The City
16 Manager noted it was to address the cable
17 television budget , but the material is not
18 completed at this point in time .
19
20
21
22 8 . PUBLLC HEARINGS
23
24 There were no public hearings .
25
26
9 . NEW BUSINESS
c
30
31 A. Resolution No . 92-028 ; Re : Renewal of Lease Agreement
32 with Barber Stylists , 2800 Kenzie Terrace
33
34 The City Manager advised that the lease has not changed
35 other than the inflationary factor .
36
37 Motion by Marks , second by Wagner to approve Resolution
38 No . 92-028 being a resolution authorizing the Mayor and
39 City Manager to execute the lease agreement for 2800
40 Kenzie Terrace Northeast.
41
42
43 Motion carried unanimously
44
45
46 10 . UNFINISHED BUSINESS
47
48 A. Ordinance 1992-003 ; Re : Licenses for Amusement Devices
49 ( 3rd Reading)
50
51 The City Manager advised that in the first line of the
52 ordinance the number of licenses should be changed from
seventy-five to ninety-two .
I REGULAR COUNCIL MEETING
2 JUNE 2 , 1992
3 PAGE 14
4
5
6 Motion by Marks , second by Wagner to approve the third
7 reading of Ordinance No. 1992-003 being an ordinance
8 relating to licenses for amusement devices ; amending
9 Section 401 : 00 to limit the number of licenses at any one
10 establishment .
11
12 Motion carried unanimously
13
14
15 B. Letter From Public Works Director
16
17 A letter was received from the Public Works Director
18 regarding the water study. This was for informatinal
19 purposes and no Council action was necessary .
20
21
22
23 11 . ADJOURNMENT
24
25 Motion by Marks , second by Ranallo to adjourn the meeting at
26 10 : 15 p .m.
27
28 Motion carried unanimously
29
30
31
32
33
34 Respectfully submitted ,
35
36 Jo-Anne Student , Council Secretary
37
38
3-9
40
41 Mayor Clarence Ranallo
42
43
44
45 ATTEST :
46 City Clerk
47
48
49
50
51
52
53
54
1 CITY OF ST . ANTHONY
REGULAR COUNCIL MEETING
4
5 JUNE 23 , 1992
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order at 7 : 30 p.m. by Mayor Ranallo
11 who led the Pledge of Allegiance .
12
13 2 . ROLL CALL
14
15. Council Present : Mayor Ranallo , Councilmember Marks , Enrooth,
16 Fleming and Wagner
17
18 Staff Present : City Manager Burt, and City Attorney Soth
19
20 3 . APPROVAL OF AGENDA FOR JUNE 23 , 1992 COUNCIL MEETING
21
22 Motion by Marks , second by Wagner to approve the agenda for
23 the June 23 , 1992 Regular Council Meeting with one addition to
24 the Council Reports on establishing a date for a special
25 council meeting.
26
4WMotion ' carried unanimously
29
30 4 . APPROVAL OF JUNE 2 , 1992 COUNCIL MEETING MINUTES
31
32 Motion by Marks , second by Fleming to approve the minutes of
33 the June 2 , 1992 Regular Council Meeting with the following
34 corrections :
35
36 page 9 , lines 37/38 : Delete the word "after" on line 37 and
37 add' to the end of the sentence on line 38 "for further input
38 and review. "
39
40 page 12 , line 23 : Change the word "Commission" to
41 "Commissioner" and add to the end of the sentence "Vice
42 President . "
43
44 Motion carried unanimously
45
46 5. LICENSES./PERMITS/PETITIONS
47
48 Contractor ' s License
49
50 Motion by Marks , second by Wagner to approve the contractor ' s
51 license for Earle Weikle & Sons , Inc . of Minneapolis , Mn .
52
Motion carried unanimously
4
1 REGULAR COUNCIL MEETING
2 JUNE 23 , 1992 •
3 PAGE 2
4
5
6 Temporary 3 . 2 Beer Permit
7
8 Motion by Wagner , second by Fleming to approve the 3 . 2
9 temporary beer license for Joseph Johnsen for use in Central
10 Park on July 6 , 1992 from 11 : 00 a .m. until 10 : 00 p .m.
11
12 Roll call : Enrooth, Fleming, Wagner , Ranallo - aye
13 Marks - nay
14
15 Motion passes
16
17 Multiple Dwelling Licenses
18
19 Motion by Marks , second by Wagner to approve the multiple
20 dwelling license for the 42 units at 3817 Macalaster
21 Drive/Apache Manor LTD Partnership .
22
23 Motion carried unanimously
24
25 Motion by Marks , second by Wagner to approve the multiple
26 dwelling license for the 12 units at 3721 Chandler
27 Drive/Cameron Properties .
28 •
29 Motion carried unanimously
30
31 Motion by Marks , second by Wagner to approve the multiple
32 dwelling license for the 45 units at 2626 Kenzie Terrace/
33 Walker Senior Housing.
34
35 Motion carried unanimously
36
37 Motion by Marks , second by Wagner to approve the multiple
38 dwelling license for the 58 units at 3800/3808 Macalaster
39 Drive/Macalaster Manor Partnership.
40
41 Motion carried unanimously
42
43 Heating License Renewals
44
45 Motion by Marks , second by Wagner to approve the heating
46 license renewal application for EAH Schmidt & Associates , Inc .
47 of New Hope, Mn .
48
49 Motion carried unanimously
50
51 Motion by Marks , second by Wagner to approve the heating
52 license renewal application for Rapid Heating & A/C of
53 Crystal , Mn .
54 Motion carried unanimously
1 REGULAR COUNCIL MEETING
JUNE 23 , 1992
PAGE 3
4
5
6 Motion by Marks , second by Wagner to approve the heating
7 license renewal application for Market Mechanical , of
8 Plymouth , Mn .
9
10 Motion carried unanimously
11
12 Motion by Marks , second by Wagner to approve the heating
13 license renewal application for Care Air Conditioning &
14 Heating, Inc . of New Brighton , Mn .
15'
16 Motion carried unanimously
17
18 Motion by Marks , second by Wagner to approve the heating
19 license renewal application for Royalton Heating and Air
20 Conditioning of Brooklyn Park , Mn .
21
22 Motion carried unanimously
23
24 Motion by Marks , second by Wagner to approve the heating
25 license renewal application for Brady Mechanical Services ,
26 Inc . of Little Canada , Mn .
7
Motion carried unanimously
9 —
30 Motion by Marks , second by Wagner to approve the heating
31 license renewal application for Richmond & Sons Electric , dba
32 Golden Valley Heating and Air Conditioning of Golden Valley ,
33 Mn .
34
35 Motion carried unanimously
36
37 Motion by Marks , second by Wagner to approve the heating
38 license renewal application for Fred Vogt & Company of St .
39 Louis Park , Mn .
40
41 Motion carried unanimously
42
43 Motion by Marks , second by Wagner to , approve the heating
44 license renewal application for Dependable Indoor Air Quality,
45 Inc . of Coon Rapids , Mn .
46
47 Motion carried unanimously
48
49 Motion by Marks , second by Wagner to approve the heating
50 license renewal application for Home Energy Center of
51 Plymouth , Mn .
52
Motion carried unanimously
I REGULAR COUNCIL MEETING
2 JUNE 23 , 1992 •
3 PAGE 4
a
5
6 Motion by Marks , second by Wagner to approve the heating
7 license renewal application for Standard Heating & Air
8 Conditioning Company of Minneapolis , Mn .
9
10 Motion carried unanimously
11
12 Motion by Marks , second by Wagner to approve the heating
13 license renewal application for Owens Services Corporation of
14 Bloomington, Mn .
15
16 Motion carried unanimously
17
18 Motion by Marks , second by Wagner to approve the heating
19 license renewal application for Centraire Inc . of Eden
20 Prairie , Mn .
21
22 Motion carried unanimously
23
24 Motion by Marks , second by Wagner to approve the heating
25 license renewal application for Sedgewick Heating & Air
26 Conditioning Company of Minneapolis , Mn .
27
28 Motion carried unanimously
29
30 Motion by Marks , second by Wagner to approve the heating
31 license renewal application for Minnegasco , Inc . of
32 Minneapolis , Mn .
33
34 Motion carried unanimously
35
36 Motion by Marks , second by Wagner to approve the heating
37 license renewal application for Rouse Mechanical , Inc . of
38 Minnetonka , Mn .
3.9
40 Motion carried unanimously
41
42 Motion by Marks , second by Wagner to approve the heat.ing
43 license renewal application for Dean ' s Heating and Air
44 Conditioning, Inc . of Cambridge , Mn .
45
46 Motion carried unanimously
47
48 Motion by Marks , second by Wagner to approve the heating
49 license renewal application for Yale Incorporated of
50 Bloomington , Mn .
51
52 Motion carried unanimously
53 •54
I REGULAR COUNCIL MEETING
JUNE 23 , 1992
PAGE 5
4
5
6 6 . PRESENTATION OF CLAIMS
7
8 A. Maier Stewart & Associates
9
10 Motion by Marks , .second by Enrooth to approve payment in
11 the amount of $636 . 67 to Maier Stewart & Associates for
12 engineering services rendered from April 26 , 1992 through
13 May 30 , 1992 .
14
15 These engineering services were for the Kenzie sidewalk
16 project .
17
18 Motion carried unanimously
19
20
21 B . American Bank
22
23 Motion by Marks , second by Enrooth to approve payment in
24 the amount of $7 , 716 . 25 to the American Bank .
25
26 This is for interest due .
7
Motion carried unanimously
9
30 C . Recreational Surfacers
31
32 Motion by Marks , second by Enrooth to approve payment in
33 the amount of $13 , 980 . 00 to Recreational Surfacers .
34
35 This firm resurfaced seven tennis courts and completed
36 the project on May 29 , 1992 .
37
38 Motion carried unanimously
39
40 D. Dorsey & Whitney Law Firm
41
42 Motion by Marks , second by Enrooth to approve payment in
43 the amount of $965 . 70 to Dorsey & Whitney law firm for
44 professional services rendered through April 30 , 1992 on
45 various matters .
46
47 Motion carried unanimously
48
49 E. Verified Claims
50
51 Motion by Marks , second by Enrooth to approve the five
52 pages of verified claims as submitted by the Finance
Director .
Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 JUNE 23 , 1992 •
3 PAGE 6
4
5
6 Referring to the claim submitted by Maier Stewart &
7 Associates for its work on the Kenzie sidewalks ,
8 Council'member Wagner observed that the firm' s work
9 includes inspection of the completed project . He stated
10 that the project is not yet complete therefore the
11 inspections cannot be done .
12
13 Motion by Wagner, second by Marks to remove the claim of
14 Maier Stewart & Associates and delay payment until the
15 project is completed and the inspections have been done.
16
17 Motion carried unanimously
18
19 7 . REPORTS
20
21 A. Council Reports
22
23 Report of Councilmember Wagner
24
25 Councilmember Wagner attended the League of Minnesota
26 Cities Annual Conference in Bloomington . He gave a brief
27 rundown of some of the workshops he participated in at
28 the Conference . •
29
30 Among the workshops he attended, Councilmember Wagner
31 felt the one which addressed public relations was well
32 done . Public relations is managing and shaping public
33 opinion as well as creating a positive City image .
34 Dealing with a crisis was an issue discussed. A crisis
35 was defined as any routine which does not go in a routine
36 manner . Public officials were advised to plan ahead for
37 a crisis rather than react to one. They were also
38 cautioned to be fair with the media and to use the media
39 as a public relations tool . He reported that budget
40 balancing is a critical issue this year and that seventy-
41 three percent of cities are raising fees and eighty-four
42 percent of cities are raising taxes .
43
44 Councilmember Wagner found the information presented at
45 the Mandates workshop discouraging. A specific issue ,
46 that of the $5 . 21 which is being charged for water
47 testing, originally earmarked the funds to go into a
48 water fund . The Legislature has since decided to put
49 these funds into the State ' s General Fund.
50
51 Some of the other workshops Councilmember Wagner attended
52 were Influencing the Legislative Process , How to be a
53 More Effective Councilmember, Teamwork with the City •
54 Council and the Staff . He felt some of the information
1 REGULAR COUNCIL MEETING
is JUNE 23 , 1992
PAGE 7
4
5
6
7 available from these workshops applied to St . Anthony but
8 some of it did not . The Councilmember is of the opinion
9 that the City has a very cooperative and effective staff .
10
11 The " table talk" session he attended was facilitated by
12 Dave Childs , City Manager. of New Brighton . "Right sizing"
13 of the City, its needs and sharing capabilities were
14 discussed. Councilmember Wagner found this session very
15 ' informative .
16
17 The final session at the Conference , How Men and Women
18 Communicate , presented by Dr . Kelly Ott , was of
19 particular interest to Councilmember Wagner . He noted
20 that even though some older. studies were quoted from, the
21 information presented was still very timely and
22 informative .
23 -
24 Marilyn Carlson Nelson was a keynote speaker at the
2.5 Conference . Councilmember Wagner noted she was very well
26 received and there was a standing ovation for her at the
end of her speech .
9 The budget of the Community Service Advisory Council has
30 been completed and presented to the School Board.
31 Councilmember Wagner felt the outstanding concern at the
32 present time is the future of day care .
33
34 Councilmember Wagner served as a judge of the Father and
35 Child Contest sponsored by the Apache Merchants
36 Association . There were about seventy entries .
37
38 Report of Councilmember Fleming
39
40 Councilmember Fleming also attended the League of
41 Minnesota Cities Annual Conference. She felt the programs
42 available for family members were excellent and that- the
43 League Planning Committee should be commended .
44
45 LMC President-Elect Larry Bakken was the speaker at the
46 annual banquet . He spoke about the high costs of federal
47 mandates and used Columbus , Ohio as an example . That
48 city ' s share of costs to local government to accommodate
49 twelve environmental mandates over a ten year period will
50 be one billion , 88 million , 484 thousand dollars .
51 Councilmember Fleming expressed her amazement at these
52 costs .
At a workshop she attended it was noted that the "good
1 REGULAR COUNCIL MEETING
. 2 JUNE 23 , 1992
3 PAGE 8
4
5
6 old days" for city councils are over . The individual
7 councils will need to provide residents with quailty and
8 councilmembers will need to know what residents expect
9 and how to meet these expectations . She noted that there
10 are always plenty of people who are willing to define the
11 problems but people who are willing to define the
12 solutions are needed .
13
14 Councilmember Fleming attended the recent Police
15 Department Open House . She felt it was first class . It
16 offered tours of the department , informative displays and
17. explanations from officers regarding specific tasks
18 associated with the D.A.R. E. Program, the Neighborhood
19 Crime Watch Program and weapons confiscated from
20 neighborhood criminals .
21
22 Volunteers and donations for the Silent Auction are
23 needed for Village Fest . Councilmember Fleming has
24 donation forms available to sign up for either of these
25 needs . Kim Bloom should be contacted to schedule
26 volunteer hours .
27
28 The next Village Fest meeting is scheduled for Monday,
29 July 13 at 7 : 15 p .m. in the Community Center .
30
31 Councilmember Fleming has recently received two calls
32 from residents regarding noise from aircraft . She
33 contacted Metropolitan Airports Commission staff member ,
34 Jeff Hamiel , to discuss these complaints .
35
36 Mr . Hamiel advised that even though the airport may be
37 busier than three or four years ago, or before the
38 merger , there are fewer flights each day than previously .
39 He felt there should be no noticeable difference between
40 the noise from 1986 to the present .
41
42 Councilmember Enrooth was of the opinion that the
43 aircraft noise does not appear to be as noticeable as it
44 was in the past .
45
46 Report of Councilmember Marks
47
48 Councilmember Marks also attended the League of Minnesota
49 Cities Annual Conference . He concurred with much of what
50 was said by Councilmembers Wagner and Fleming.
51
52 He attended a workshop where the substances being pumped
53 into the Mississippi River were discussed . •
54 Representatives of the Department of Natural Resources
1 REGULAR COUNCIL MEETING
0 JUNE 23 , 1992
PAGE 9
4
5
6 and the Metropolitan Waste Control Commission
7 participated in the discussion panel . Councilmember Marks
8 discussed Silver Lake water quality with some of them.
9
10 He attended a workshop on Sister Cities and found it very
11 interesting. He noted that some cities have more than one
12 sister city . The City of St . Cloud have more than one
13 sister city. When a dignitary of any of their sister
14 cities is visiting St . Cloud there is a flag pole located
15 near the City Hall on which that sister city flag is
16 flown as a sign of welcome.
17
18 Referring to the Parade of Flags at the League
19 Conference, he found it very. impressive and expressed a
20 wish that St . Anthony had a city flag. The Mayor was
21 reminded that a contest to pick a city flag was held a
22 few years ago and there were no entries .
23
24 The St . Anthony Sister City Committee is holding its
25 final meeting this week to prepare for the visit of
26 seventeen guests from Salo, Finland. The schedule for
49 activities for them will be finalized before they arrive
on July 8th . They leave on -July 16th .
29
3.0 On July 9th there will be an official welcome to the
31 visitors at 8 : 30 a .m. at the City Hall . On Tuesday, July
32 14th there will be a community picnic at Central Park for
33 the visitors and all residents are encouraged to attend .
34 This will be a potluck and attendees are encouraged to
35 bring a dessert or an entree.
36
37 The Kiwanis Club is hosting a luncheon for the visitors
38 on July 15th .
39
40 Councilmember Marks advised that all but one of the
41 visitors speak English fluently so there should be no
42 problem in communicating.
43
44 Councilmember Marks related his recent experience in
45 visiting the State maximum security facility in Oak Park
46 Heights . He has a student in the facility and felt that
47 although there are many efforts put forth to rehabilitate
48 the prisoners it is still a miserable place to be .
49
50 Report of Councilmember Enrooth
51
2 Councilmember Enrooth felt interest in a City flag
contest should be re-kindled .
4
1 REGULAR COUNCIL MEETING
� 2 JUNE 23 , 1992 •
3 PAGE 10
.4
5
6 Report of Mayor Ranallo
7
8 The Mayor sent a thank you letter to the Police
9 Department and its officers for their work on the Open
10 House . He felt it was very well done and very well
11 received by the community.
12
13 On June 3rd the Mayor and Councilmember Wagner met with
14 the two representatives of the City Attorney ' s office and
15 a representative of Springsted , Inc . , the City ' s
16 financial advisors . The purpose of the meeting was to
'17 discuss the possibility of a tax increment financing
18 district which would include Apache Plaza and the
19 possibility of a CUB store being located there .
20
21 Three proposals have been received from the Apache
22 Corporation regarding expansion of the shopping center .
23 Funds in the amount of 3 . 9 million dollars is being
24 requested for refurbishing of the shopping center .
25
26 The Mayor felt there would be considerable risk for the
27 City to advance any funding to this project . A proposal
28 was made to separate the CUB project from Apache Plaza .
29 He noted that Apache is nearly ready to present its
30 proposals to the City ' s legal counsel and financial
31 advisors . It had been suggested that CUB purchase its
32 property from Apache .
33
34 Mayor Rana IIo suggested that a Special Council meeting be
35 scheduled for June 30th to discuss the proposed plans and
36 to set a public hearing for this matter . He requested
37 each Councilmember meet with the City Manager regarding
38 any concerns or questions they may have about this
39 project .
40
41 Motion by Marks , second by Wagner to set a Special
42 Council Meeting for June 30 , 1992 at 7 : 00 p .m. for the
43 purposes of discussing the Apache Plaza project .
44
45 Motion carried unanimously
46
47
48 Motion by Enrooth , second by Fleming to proceed with
-49 Unfinished Business as the next agenda item.
50
51 Motion carried unanimously
52
53
54
1 REGULAR COUNCIL MEETING
0 JUNE 23 , 1992
PAGE 11
4
5 8 . UNFINISHED BUSINESS
6
7 A. Ordinance No . 1992-04 ; Re : Limit Surface Water Usage on
8 Silver Lake (First Reading)
9
10 At the May 12th meeting, members of the Council requested the
11 City Manager to answer six specific questions regarding the
12 proposed lake ordinance . These questions addressed how many
13 calls have been received over the last three years on lake
14 related issues , effects of motor boats on lake quality, effect
15 of the ordinance on property values , the percent of lakes in
16 the metro area with restrictions , enforcement of the proposed
17 ordinance , and how other cities enforce restricted lake use
18 ordinances .
19
20 In his June 23rd memo, the City Manager advised that three
21 calls have been received and they were all regarding the use
22 of jet skis . Two of these incidences happened in the last
23 month and the violators were not aware of the prohibitions
24 regarding jet skis .
25
26 The Department of Natural Resources has advised motor boat
effects are felt in the shallower areas of a body of water .
29 The County Assessor responded that there is no clearly defined
30 impact on property values which border a lake with
31 restrictions .
32
33 There are 932 lakes in the seven county metro area . Of that ,
34 111 have City or County restrictions which is approximately
35 twelve percent . All Minneapolis lakes have use restriction
36 ordinances which are not included in the 111 .
37
38 A memo from Chief Engstrom stated that he has a major concern
39 with the Police Department ' s ability to enforce those elements
40 of the ordinance pertaining to speed, hours , and direction of
41 travel without the resources to adequately patrol the lake on
42 a routine basis . He felt the Department would rely heavily on
43 citizens to make citizens ' arrests . He recommended that the
44 phrase "excess of five ( 5 ) miles per hour" be deleted from the
45 ordinance as it would be difficult to get a conviction without
46 the use of an accurate clock from a calibrated speedometer or
47 radar gun . The Chief concluded that the Police Department will
48 do its best to cooperate in the enforcement if the ordinance
49 is approved but views it as another burden of nuisance type
50 calls .
51
2 The City Manager advised that lake use ordinances in other
cities are enforced by their respective County Sheriffs . He
felt that the Ramsey County Sheriff ' s Office would probably
1 REGULAR COUNCIL MEETING •
2 JUNE 23 , 1992
3 PAGE 12
4
5
6 not respond. If a resident were to call City Hall they would
7 be referred to the Ramsey County Sheriff . The local police
8 department would respond to life and death emergency
9 situations .
10
11 Doug Jones , 2505 Silver Lane, who supports the ordinance ,
12 stated he feels it would not be responsive to nuisance type
13 calls which occur at the public landing at Silver Lake . He
14 also is of the opinion that enforcement would be effective if
15 the ordinance were posted at the public access landing.
16
17 The City Manager received a call from Mrs . Borg who stated her
18 opposition to the ordinance .
19
20 Charles Finn , 2709 Silver Lane, related his recent experience
21 with a large, fastmoving boat on Silver Lake . He advised that
22 a representative from the Hennepin County Sheriff ' s Department
23 responded to his call and resolved the matter . Mr . Finn stated
24 that Minnesota has the second highest number of DWI citations
25 issued .
26
27 While attending the recent League of Minnesota Cities
28 Conference , Councilmember Marks discussed the matter of lake
29 violations with representatives of - the Metropolitan Waste
30 Control Commission and the Department of Natural Resources .
31 They advised that motorized craft stirs up the bottom of a
32 lake and degrades the water quality . Noting that Silver Lake
33 is very shallow, Councilmember Marks feels there will be
34 severe damage done to the lake if motorized craft are allowed
35 to continue to use it . He noted that the lake is part of the
36 Rice Creek Watershed chain and if it is left alone, it will
37 act as a filtration body of water .
38
39 Councilmember Marks stated that there is considerable risk in
40 using motorized craft on Silver Lake and this activity
41 detracts from its peacefulness . Safety issues are also a
42 concern . He concluded that only non-powered boats should be
43 permitted on the lake .
44
45 Jerry Faust , 4033 Silver Lake Terrace, advised that the
46 Department of Natural Resources uses Silver Lake as a hatchery
47 for a stocking pond. He felt all of the incidences of
48 misconduct that were cited are already covered by state
49 statute and are enforceable. Mr . Faust felt the ordinance
50 would legislate the exception rather than the general rule and
51 that family recreation would be eliminated.
52
53 Councilmember Wagner inquired if Sections 2 and 3 were
54 necessary for inclusion in the ordinance. The City Attorney
1 REGULAR COUNCIL MEETING
JUNE 23 , 1992
PAGE 13
4
5
6 responded that they are required by law.
7
8 The City Manager felt some of the problems which stemmed from
9 motorized craft were because new owners did not know how to
10 operate their boats . He felt if the rules were posted the
11 boatowners would probably be very cooperative .
12
13 Motion by Enrooth, second by Marks to approve the first
14 reading of Ordinance No. 1992-004 .
Roll call : Marks , Enrooth, Wagner - aye
Fleming, Ranallo - nay
� w
20 Motion passes
21
22
23 The second reading of Ordinance No . 1992-004 is scheduled for
24 July 14 , 1992 .
25
26 B. Discussion of Proposed Ordinance No . 1992-005 , Re :
Parkina Restrictions
9 Mayor Ranallo read Ordinance No . 1992-005 . He stated that at
30 a previous Council Meeting many residents who were opposed to ?
31 the passage of the ordinance stated their opposition . He
32 encouraged any residents at this meeting to also state their
33 positions and noted that no one has publicly spoken in support
34 of the ordinance .
35
36 Councilmember Fleming has received many calls from residents
37 both supportive and opposing the ordinance . She suggested that
38 since this issue was raised by residents a committee of
39 residents be formed to address it . She recommended that the
40 committee have six members who represent different viewpoints
41 and that the committee be facilitated by the City Manager .
42
43 The City Manager noted that the services of Mediation Services
44 are available for situations such as this . Councilmember Marks
45 felt this could be a divisive issue and could result in
46 conflicts between neighbors . Councilmember Fleming was of the
47 opinion that some of the problems have not been addressed
48 because neighbors do not want to negatively affect a very
49 amicable relationship already in place .
50
51 Motion by Wagner , second by Marks to postpone indefinitely the
52 first reading of Ordinance No . 1992-005 and to establish a
Task Force to report back on their findings to the City
Council through the City Manager .
I REGULAR COUNCIL MEETING
. 2 JUNE 23 , 1992
3 PAGE 14
4
5
6 Mayor Ranallo advised that some residents have already
7 indicated their willingness to serve on a Task Force .
8
9 Motion carried unanimously
10
11
12 A letter was received from Gene and Flora Austin , 3213 31st
13 Avenue stating their opposition to the ordinance.
14
15
16 REPORTS ( cont . )
17
18 B . Report of the City Manacler
19
20 1 . Request of Doug Jones , 2502 Silver Lane, for an Extension
21 of a Building Permit
22
23 Mr . Jones took out a permit on June 25 , 1991 to build a
24 gazebo . He stated this was done before a variance was
25 required . ' He noted that no time limit is stated on the permit
26 and he was not aware there is a six month time limit on
27 permits . He recommended that the time limit be written on the
28 face of each permit .
29
30 He did ,not complete the work for which the permit was issued .
31 In November he stated this to the Public Works Director who
32 advised him an extension could be granted . He was not advised
33 that the extension must be requested in writing.
34
35 Mr . Jones has contacted all of his neighbors within 350 feet
36 of his property and they all agreed in writing that the
37 proposed placement was acceptable to them.
38
39 He originally intended to request a one month extension , but
40 since the permit expired on December 25 , 1991 , he is
41 requesting an extension of seven months . He expects to
42 complete the project within ten days . The amended plans for
43 the gazebo have resulted in its placement further from the
44 lake and smaller dimensions . Mr . Jones feels this will
45 probably not comply with the new ordinance . This ordinance was
46 approved after Mr . Jones was issued his permit in June of
47 1991 .
48
49 The City Attorney advised that property owners do, not have
50 vested rights in zoning and an ordinance change will affect
51 something which has not been built .
52
53 Noting that the ordinance changes was approved in August of
54 1991 , Mayor Ranallo stated that the proposed gazebo would have
40 REGULAR COUNCIL MEETING
JUNE 23 , 1992
3 PAGE 15
4
5
6 been non-conforming before its construction was even begun .
7 Councilmember Fleming expressed her concerns with the Council
8 approving this request thereby making it retroactive and
9 setting a precedent by extending a permit for seven months .
10
11 The City Attorney cautioned the Council that it would be
12 extending a permit for seven months for a structure prohibited
13 by ordinance .
14
15 Mr . Jones stated he felt he had received a verbal extension
16 from the Public Works Director . Councilmember Fleming advised
17 he can still build a gazebo but it must meet ordinance
1.8 requirements .
19
20 The City Manager advised this structure must be located
21 seventy-five back from the shoreline as mandated by the
22 Department of Natural Resources . The City' s recodification
23 will include the DNR requirements . The gazebo will be viewed
24 as a structure with a roof of a non-pervious surface . The DNR
25 is always concerned by water runoff .
26
Doug Jones felt there would only be a visual impact . He stated
that the landscaping would facilitate water runoff .
29
30 The Mayor felt there is no way for the Council to extend the
31 permit legally .
32
33 Motion by Wagner , second by Ranallo to deny the extension of
34 the permit on the grounds that it is not allowed under the new
35 ordinance .
36
37 Roll Call : Marks , Fleming, Wagner , Ranallo - aye
38 Enrooth - nay
39
40 Motion passes
41
42
43 2 . Water Conservation
44
45 A press release has been issued asking St . Anthony
46 residents to voluntarily observe an odd/even sprinkling
47 schedule . The peak hours for water demand are from 3 : 00
48 p .m. to 10 : 00 p .m. and when lawns are sprinkled between
49 10 : 00 a .m. and 7 : 00 p .m. as much as seventy-five percent
50 of the water evaporates .
51
Residents are being requested to sprinkle their lawns
46 before 10 : 00 a .m. and to water lawns on an odd/even
54 schedule . Residents with house numbers ending with an odd
1 REGULAR COUNCIL MEETING
. 2 JUNE 23 , 1992
3 PAGE 16
4
5 number could water their lawns on odd numbered days and
6 residents with house numbers ending with an even number
7 could water their lawns on even numbered days .
8
9 3 . Storm Water Utility
10
11 The City Manager advised that Dennis Palmer of Barr
12 Engineering will be attending the next Council work
13 session and the first Council Meeting in July. He will be
14 presenting his report on the storm water utility study .
15
16 This study will include information on the entire City
17 and a recommended $12 . 00 charge for each lot which will
18 establish one rate for each parcel .
19
20 The City Manager noted this issue does not require a
21 public hearing.
22
23 4 . Status Report on Pirino Property
24
25 The deadline for complying with City ordinances was
26 extended to June 23 , 1992 on the Pirino property on 33rd
27 Avenue . League of Minnesota Cities ' legal counsel had
28 recommended that prosecution procedures for building
29 violations be initiated by the City if there is no
30 compliance nor any response from Mr . Pirino ' s attorney by
31 June 23rd .
32
33
34 9 . PUBLIC HEARINGS
35
36 There were no public hearings .
37
38 10 . NEW BUSINESS
39
40 A. Award of Bid for Procurement of Granulated Activated
41 Carbon and Related Services
'4 2
43 The City received one bid for' the procurement of
44 granulated activated carbon and related services . The
45 contract offered by the one bidder , Calgon Carbon
46 Corporation ' is for four years at an estimated eighty-
47 nine cents per pound .
48
49 Motion by Marks , second by Enrooth to approve the four
.50 year contract for the procurement of GAC (granulated
51 activated carbon ) and related services from Calgon Carbon
52 Corporation for an estimated $690 , 800 . 00 .
53
54 Motion carried unanimously
I REGULAR COUNCIL MEETING
41 JUNE 23 , 1992
PAGE 17
4
5
6
7 B . Award Bid for Emergency Generator
8
9 Two bids were received for the emergency generator at the
10 GAC plant .
11
12 The City Manager advised that State funds will pay for 85
13 to 90 percent of this purchase .
14
15 Motion by Marks , second by Enrooth to award the bid for
16 the emergency generator to Flaherty Equipment Corporation
17 in the amount of $41 , 707 . 00 .
18
19
20 Motion carried unanimously
21
a C . Resolution No . 92-029 , Re : Amendment 3 of the Granulated
25 Activated Carbon Contract with the Minnesota Pollution
26 Control Agency_
7
Motion by Marks , second by Fleming to approve Resolution
No . 92-029 being a resolution . approving Contract
30 Amendment 3 of the St . Anthony granular activated carbon
31 water filtration plant contract and authorizing the Mayor
32 and City Manager to execute said contract on behalf of
33 the City of St . Anthony .
34
35
36 Motion carried unanimously
37
38
39 D . Resolution No . 92-030 , Re : Call for Public Hearing on
40 Amendments to Kenzie Terrace Tax Increment Financing Plan
41
42 Via approval of this resolution , the public hearing will
43 be scheduled for July 28 , 1992 .
44
45 Motion by Marks , second by Enrooth to approve Resolution
46 No . 92-030 being a resolution calling for a public
47 hearing on 1992-B amendments to the Kenzie Terrace
48 Redevelopment Plan and the Kenzie Terrace Tax Increment
49 Financing Plan .
50
51
52 Motion carried unanimously
1 REGULAR COUNCIL MEETING
2 JUNE 23 , 1992
3 PAGE 18-
4
5
6 E. Resolution No . 92-031 , Re : Call for Public Hearing on
7 _ _ _ _ -Refunding Bonds for Autumn Woods Partners
8
9 The City Manager advised there will be a limited
10 partnership rather than a general partnership put into
11 place for the operation of Autumn Woods .
12
13 The City Attorney noted that there will be more equity
14 money available from a limited partnership .
15
16 To avoid conflicts of interest , the Mayor requested staff
17 research who the limited partners are .
18
19 Motion by Marks , second by Wagner to approve Resolution
20 No . 92-031 being a resolution calling for a public
21 hearing on the issuance of bonds to refund the housing
22 development revenue bonds ( St . Anthony LaNel Project )
23 series 1988 of the City .
24
25 Motion carried unanimously
26
27 Via passage of this resolution, the public hearing was
28 scheduled for July 14 , 1992 at 7 : 30 p .m.
29
30 11 . ADJOURNMENT
31
Motion by Wagner , second by Ranallo to adjourn the meeting at
9 : 36 p .m.
34
35 Motion carried unanimously
36
37
38
39
40 Respectfully submitted,
41
42
43
44 Jo-Anne Student , Council Secretary
45
46
47
48
49 Mayor Clarence Ranallo
50
51 ATTEST :
52 City Clerk
53
54