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HomeMy WebLinkAboutPL PACKET 12151992 Meeting Sheet 100460 Box: 15 Folder: Pl. PACKETS 1992 Document: PL PACKET 12151992 1 REGULAR' COUNCIL MEETING 2 NOVEMBER 10 , 1992 3 PAGE 12 4 5 6 neighborhood meetings to discuss all of the road repair 7 projects . 8 9 The Mayor received a call from Carol Cartwright to thank the 10 Police and Fire Departments for their many efforts on behalf 11 of a member of her family . 12 13 14 15 11 . ADJOURNMENT 16 17 Motion by Enrooth, second by Marks to adjourn the meeting at 18 8,: 45 p.m. 19 20 Motion carried unanimously 21 22 23 24 Respectfully submitted , 25 26 27 Jo-Anne Student , Council Secretary 28 29 30 31 32 Mayor Clarence Ranallo 33 34 35 ATTEST : 36 City Clerk 37 38 39 40 41 42 43 1 REGULAR COUNCIL MEETING 2 NOVEMBER 10 , 1992 PAGE 11 5 6 Council Meeting to hear the discussion on the proposed road 7 reconstruction projects and the assessment policy being 8 considered . 9 10 The City Manager advised that the Road Task Force was formed 11 two and one half years ago to address the problems with 12 roadways in the City . Their scope of interest broaded to 13 include sidewalks , the sewer system, etc . Braun Intertec 14 conducted a study on the driveability of the City ' s roadways . 15 Most of the roadways in the City were constructed about thirty 16 to forty years ago . 17 is The results of the study were given to the Road Task Force who 19 then reviewed the results and pursued recommendations 20 regarding construction , reconstruction., and assessment 21 policies . 22 23 The Planning Commission held a public hearing on . the 24 recommendations received from the Road Task Force and to 25 gather public imput . The Task Force had recommended that the 26 roads which were in the worst condition be considered for 27 repair first . Overlays , crackfilling and minor repair were also part of the plan received. It was the recommendation of the Task Force to use a portion of the City' s maintenance 30 funds to repair roadways which would have their lives extended 31 by repairs rather than total reconstruction . 32 33 Storm sewers and sanitary sewers are televised regularly so 34 the City can be aware of their condition . Consideration had 35 been given to having the utilities underground. The utility 36 companies did not favor this and it would be prohibitive to do 37 th,is in areas where the wires go to the back of the houses . 38 39 The City Manager advised the resident that neighborhood 40 meetings will be held prior to any work being done so the 41 affected residents can have opportunity for input and be aware 42 of what is being proposed . 43 44 Funds from the Utility Fund recently established by the 45 Council will pay for some of the watermain work . 46 47 The City Manager advised the resident that a copy of the Road 48 Task Force report is available if he wants one . 49 50 Mayor Ranallo stated again that there- will be numerous 1 REGULAR COUNCIL MEETING 2 NOVEMBER 10 1992 3 PAGE 10 4 5 6 from them on composting. This information suggested that a 7 minimum of 98 cubic feet be used for a compost structure . He 8 concluded that the ordinance, in its present form, was 9 inappropriate . 10 11 Councilmember Marks is of the opinion that the subject of 12 composting is so important it should not be relegated to an 13 ordinance . He felt the subject should be made an educational 14 effort . 15 16 The Mayor noted there are many ways to compost and . that very 17 large containers for composting are not acceptable. He also 18 feels that odors from compost piles are difficult to avoid . He 19 noted that the ordinance is not limiting in its present form. 20 21 Councilmember Marks inquired if there is a problem with 22 compost piles being too large. Mayor Ranallo feels this is a 23 definite problem and is aware of. one whore a fox has made its 24 den . 25 26 The Mayor suggested that the educational efforts be turned 27 over to the Recycling Committee. The City Manager noted that 28 the Recycling Committee could produce a brochure to educate 29 residents on recycling and composting. 30 31 Mayor Ranallo recommended that the ordinance be passed in its 32 present form and if there are problems with composting this 33 sec.tion of the ordinance could be reviewed. 34 35 Councilmember Marks again stated he feels the ordinance is 36 inconsistent . 37 38 Mot-ion by Fleming, second by Ranallo to approve the third 39 reading and adoption of Ord,inance No. 1992-009 being an 40 ordinance relating to inspection and licensing of apartment 41 buildings , and to housing and maintenance; amending the St . 42 Anthony 1973 Code of ordinances by amend.ing Section 310 : 00 and 43 by adding a new Section 355: 00 . . - 44 45 Roll call : Enrooth, Fleming, Wagner, Ranallo aye 46 Marks - nay 47 48 Motion i)asses 49 50 Steve Gomer, a St . Anthony resident , was in attendance at the REGULAR COUNCIL MEETING NOVEMBER 20 , 1992 PAGE 9 4 5 6 F. Keys for City Hall 7 8 The Ci ty Manager advi sed that keys for Ci ty Ha I I wi 11 be 9 included in the agenda packet for the next Council meeting. 10 11 10 . UNFINISHED BUSINESS 12 13 A. Ordinance No. 1992-010 , Re : Rezonina Kenzie Terrace 14 ( Second Readina) 15 16 Councilmember Marks left the Council Chambers before any 17 discussion or vote of the ordinance commenced. He stated his 18 conflict of interest in that he has a business relationship 19 with the owner of one of the properties addressed in the 20 ordinance . 21 22 Motion by Enrooth , second by Ranallo to approve the second 23 reading and adoption of ordinance No. 1992-010 being an 24 ordinance relating to zoning, rezoning certain property from 25 commercial to single-family residential . 26 27 Roll call : Enrooth, Fleming, Wagner , Ranallo - aye 10 Marks - not present 30 Motion carries 31 32 B. Ordinance No. 1992-009, Re : Housina Ma:intenance Code 33 (Third Readina) 34 35 Councilmember Marks advised he has discussed the composting 36 portion of ordinance No . 1992-090 with a professor . He felt 37 the ordinance leaves out some fairly common ways to compost 38 effectively. The method specifically discussed does not use 39 oxygen and is very effective . He felt vermin would be 40 attracted if the ordinance is passed in its present form. He 41 also suggested that having the size of a compost pile limited 42 to 100 cubic feet was not advisable as heat is generated in 43 larger masses . High temperatures are desirable and would 44 affect the elimination of odors . 45 46 Councilmember Marks has material regarding composting from the 47 University of Minnesota, the Hennepin County Recycling office 48 and the Ramsey County Recycling Office which supports his 49 suggestions . He a 1 so contacted the Hennepin County 50 Environmental Services and received a packet of information 1 REGULAR COUNCIL MEETING 2 NOVEMBER 10 , 1992 3 PAGE 8 4 5 6 Associates to perform the engineering services for the 1993 7 street improvement projects . 8 9 Motion by Marks , second by Wagner to accept the bid of Maier 10 Stewart and Associates for the engineering services for the 11 1993 street improvement projects . 12 13 Motion carried unanimously 14 15 16 D. PropertV Taxpayers Trust Fund 17 18 A letter and example resolution was received from St . Paul 19 City Counci Imember Long . The letter requested the City Council 20 support a constitutional amendment to guarantee a property 21 taxpayers trust fund. 22 23 The City Manager advised that initially the AMM had 24 recommended waiting to take any action on this request . He 25 noted that additional information has been received on the 26 subject . He will include in the Council ' s weekly packet the. 27 additional information , a .copy of Councilmember Long' s letter 28 and the proposed resolution . 29 30 Mayor Ranallo stated that both the AMM and the LMC support 31 this constitutional amendment . Councilmember Wagner felt this 32 was the only way to make it permanent . Councilmember Marks is 33 of the opinion that this will get the sales tax where i.t was 34 originally intended. 35 36 This will be further discussed at the next regular Council 37 meeting. 38 39 E. City Manaaer ' s Performance Evaluation 40 41 The Mayor distributed copies of evaluation sheets for members 42 of the Council to use to evaluate the City Manager ' s 43 performance. He requested they complete the forms and return 44 them to him by November 20th. 45 46 The Mayor and Councilmember Marks will review all of the 47 evaluations with the City Manager . 48 49 50 1 REGULAR COUNCIL MEETING NOVEMBER 10 , 1992 0 PAGE 7 4 5 6 Motion by Marks , second by Wagner to appoint Carol Batzli 7 Barkley to serve on the Environmental Quality/Recycling 8 Committee . 9 10 Motion carried unanimously 11 12 13 B. Resolution No . 92-050 , Re: Pavement Manaaement 14 Plan/Assessment Policy 15 16 The City Manager reviewed the new parts of the resolution 17 which was . drafted by the City Attorney. Since this will be a . 18 policy matter , it had to be in resolution form. 19 20 The City Manager noted that alleys are improved only in 21 response to affected property owners petition as they are 100% 22 assessed . He also advised that the Road Task Force ' s 23 recommendations regarding sidewalk installation is not 24 included in the resolution . It is felt that additional 25 information regarding sidewalk standards has to be gotten . 26 Motion by Marks , second by Fleming to approve Resolution No. 92-050 being a resolution adopting the Braun Intertec Pavement 09 Management Plan and an assessment policy for the City of St . 30 Anthony. 31 32 Motion carried unanimously 33 34 C. Approval of Enaineerina Firm --or City' s 1993 Street 35 Improvement Proiects 36 37 The proposal received from Maier Stewart and Associates was 38 reviewed. Councilmember Enrooth commented on the dollar 39 difference of the bids received. 40 41 The City Manager noted that the Maier Stewart firm has done a 42 very good job for the City in the past and does quite a bit of 43 work for Ramsey County communities . 44 45 The Mayor suggested that councilmembers drive on Edward Street 46 from 36th to 37th Avenues to experience a very poor concrete 47 surface. The City Manager felt an excellent example of a good 48 road is Chandler Drive which was recently resurfaced. 49 50 The Public Works Director has recommended Maier Stewart and I REGULAR COUNCIL MEETING 2 NOVEMBER 10 , 1992 3 PAGE 6 4 5 6 B. Report of the Cit-y Manacler 7 8 1 . 'Expiring Terms on Planning Commission 9 10 The City -Manager advised that the terms of two members of 11 the Planning Commission are expiring. He wil-I contact 12 them regarding reappointment or will publish a notice in 13 the City' s newspaper- inviting residents interested in an 14 appointment to contact him. 15 16 2 . Reschedule Regular Council Meeting 17 is The City Council is holding its public hearing for the 19 1993 budget on December 7th . There is a regular Council 20 meeting scheduled for December Sth . 21 22 Motion by Marks , second by Enrooth to change the first 23 Council meeting in December to December. 7th at 7 : 00 p.m. 24 25 Motion carried unanimously 26 27 8 . PUBLIC HEARINGS 28 29 There were no public hearings . 30 31 9 . NEW BUSINESS 32 33 A. Appointments to the Environmental Quality/Recyclina 34 Committee 35 36 The Mayor expressed a concern that the recycling dimension of 37 this committee is not overlooked . Councilmember Enrooth 38 mentioned that two members already appoi'nted to the Committee 39 served on the Recycling Committee . 40 41 Mayor Ranallo inquired if anyone on the staff has discussed 42 the duties of those who would serve on this committee. Urbia 43 responded that all of the applications had come in .response to 44 the' article in the City' s newsletter. No- phone calls were 45 received. 46 47 Motion by Fleming, second by Wagner to appoint David Benke to 48 serve on the Environmental Quality/Recycling Committee. 49 50 Motion carried unanimously REGULAR COU14CIL MEETING NOVEMBER 10 , 1992 PAGE 5 4 5 6 Report of Councilmember Marks 7 d he had a conversation with a 8 Councilmember Marks note regarding the 9 member of the Athletic Sports Boosters appeared to be 10 proposal for upgrading Central Park . There 11 some confusion at what appeared to be a lack of 12 enthusiasm from the City Council rega'rding the acceptance 13 of funds for the propos.ed park project . 14 15 Report of Councilmember Enrooth 16 17 The last Village Fest meeting was November 9th. The next 18 meeting will be on January 25.th . 19 20 Councilmember Enrooth feels the organization is "on 21 track" with its planning and there appear to be many new 22 people interested -in becoming involved . He felt the new 23 leadership team is bringing new vigor to the celebration . 24 He noted that the former chairs wi 11 not be active in the 25 1993 committee . . 26 The me.etings will be held on the fourth Monday of each 09 month' to insure that the present Treasurer continued . 30 Councilmember Enrooth serves on the Board of Directors 31 for the Association of Metropolitan Municipalities . He 32 noted that all of the policies are in place . The AMM put 33 out a �white paper on the Metropolitan Council . He felt 34 this paper in no way contributed to the personnel changes 35 in that organization . 36 37 Report of Mayor Ranallo 38 39 Prior to ' the election judge training session, Mayor 40 Ranallo presented plaques to two election judges who have 41 served for considerable time . The first judge recognized 42 had served for thirty years and will be retiring. The 43 second judge had served for twenty-five years . Coffee and 44 cake was served. 45 t . Anthony Kiwanis is observing 46 On November 30th , the S 47 its thirtieth birthday with an open house. This event is 48 by invitation only and the Mayor noted all members and 49 former members will be invited . 50 I REGULAR COUNCIL MEETING 2 NOVEMBER 10 , 1992 3 PAGE 4 4 5 6 Report of Councilmember Waaner 7 8 Councilmember Wagner attended the Community Service 9 Advisory Council meeting. He noted that two members of 10 the Athletic Sports Boosters made the organization ' s 1.1 present'ation for upgrade of Central Park. He felt this 12 proposal was more realistic in its content . 13 14 At this time, the Sports Boosters are focusing on only 15 the School District ' s portion of Central Park which will 16 include the f-ootball field , the track and the soccer 17 fields . They do not propose changing the configuration of 18 t.he park as it presently is . They have hired the services 19 of an architect and eng'ineer . 20 21 Members of the Advisory Council concurred in accepting 22 the funds for the School District ' s portion of the park . 23 The School Board.' s representative to the Advisory Counci I 24 fe-lt the School Board would accept the proposal also. 25 26 Councilmember Wagner attended the Apache Merchants 27 Association meeting. He noted that Dennis Cavanaugh 28 reported there are still a couple of contingencies 29 between CUB and Apache Corporation to be finalized . He 30 also advised that a craft store and a video store may be 31 locating in the shopping center. The entire CUB store 32 facility will be 87 , 000 square feet . 33 34 Report of Councilmember Flemina 35 36 Councilmember Fleming advised she is not presently 37 representing the City on any committees and stated her 38 availability . 39 40 The Mayor suggested that Councilmember Fleming could 41 represent the City on the Chamber of Commerce Board of 42 Directors . The present board will change in six months 43 and continuity should be considered. 44 45 Councilmember Enrooth inquired if Councilmember Fleming 46 attends Chamber meetings . She- replied that she does . He 47 suggested she could also attend Board meetings as they 48 are open to all members . 49 50 REGULAR COUNCIL MEETING NOVEMBER 10 , 1992 PAGE 3 5 6 for two years for janitorial services . Although the City 7 had requested an invoice none had been sent . He felt this 8 may be due , to the transition period between 9 superintendents . 10 11 Councilmember Wagner noted that this money will be taken 12 from this year ' s budget rather .than last year ' s when the 13 costs were actually incurred . 14 15 B. Dorsey & Whitney Law Firm 16 17 Payment in the amount of $1 , 633 - 57 was approved for the 18 Dorsey & Whitney Law Firm for legal services rendered 19 through September 30 , 1992 for various City matters . 20 21 C. Dorsey & Whitney Law Firm 22 23 Payment in the amount of $2 , 946 . 76 was approved for the 24 Dorsey & Whitney Law Firm for legal services rendered 25 regarding the liquor store revenue refunding bonds . 26 27 D. Hance & LeVahn Law Firm Payment in the amount of $2 , 400 . 00 was approved for the 30 Hance & LeVahn Law Firm for legal services rendered for 31 the month of October, 1992 relative to St . Anthony 32 prosecutions . 33 34 E. Hance & LeVahn Law Firm 35 36 Payment in the amount of $2 , 400 - 00 was approved for the 37 Hance & LeVahn Law Firm for legal s.ervices rendered for 38 the month of November , 1992 relative to St .. Anthony 39 prosecutions . 40 41 F. Verified Claims 42 43 Payment was approved for the two pages of verified claims 44 as listed submitted by the Finance Director . . 45 46 47 7 . REPORTS 48 49 A. Report of the City Council 50 1 REGULAR COUNCIL MEETING 2 NOVEMBER 10 , 1992 3 PAGE 2 4 6 Councilmember Marks requested that future minutes reflect the 7 motion made by him regarding approval of licenses , permits and 8 petitions be made as one motion rather than individual motions 9 on each request - This wi 11 more accurately ref lect his action . 10 Each request will continue to be individually listed within 11 the one motion . 12 13 Motion carried unanimously 14 15 16 5 . LICENSES/PERMITS/PRESENTATIONS 17 18 Motion by Marks , second by Wagner to approve the following 19 license/permit applications : 20 21 Contractors ' Licenses 22 23 D.J. Miller Builders , Inc . of St . Paul , Mn . 24 Carlson-LaVine, Inc . of Minneapolis, Mn. 25 26 27 Heatina Licenses 28 29 Rollins Heating & Air Conditioning of Roseville, Mn . 30 Brooklyn Air Heating & Air Conditioning of Brooklyn 31 Center, Mn. 32 33 34 Motion carried unanimously 35 36 37 6 . PRESENTATION OF CLAIMS 38 39 Motion by Marks , second by , Enrooth that the payment for the 40 following claims be approved: 41 42 43 A. Independent School District #282 44 45 Payment in the ' amount of $16 , 699. 22 was approved for 46 School District #282 for janitorial services . 47 48 The City Manager advised that this is only half of the . 49 charges due. He explained that no bill has been received 50 CITY OF ST. ANTHONY REGULAR COUNCIL MEETING 5 NOVEMBER 10 , 1992 6 7 8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 9 10 The meeting was called to order at 7 : 30 p.m. and the Pledge of 11 Allegiance was led by Mayor Ranallo . 12 13 2 . ROLL CALL 14 15 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth , 16 Fleming and Wagner 17 18 Staff Present : City Manager Burt and Management Assistant 19 Urbia 20 21 3 . APPROVAL OF NOVEMBER 10 , 1992 COUNCIL MEETING AGENDA 22 23 The Mayor requested two items be added to New Business : 24 25 1 . Letter from Councilmember Long regarding new Property 26 Taxpayers ' Trust Fund 27 2 . City Manager ' s Performance Evaluation 30 Motion by Marks , second by Enrooth to approve the agenda with 31 the additions for the November 10 , 1992 Council Meeting. 32 33 Motion carried unanimously 34 35 36 4 . APPROVAL OF OCTOBER 27 , 1992 COUNCIL MEETING MINUTES 37 38 Motion by Marks , second by Wagner to approve the minutes of 39 the October 27 , 1992 Council Meeting with the following 40 corrections : 41 .42 page 7 , lines 12/15 : Delete the first sentence of the 43 pa j r.agraph . The second sentence should read: "Mayor Ranallo 44 requested that the Planning Commission consider parking of 45 vehicles in front of homes when it is reviewing the parking 46 ordinance regarding outside parking. " 47 page 13,- line 19 : Delete- "but" and place a period after 48 "done" . The following sentence should read: "She compared it 49 to the Police Department Open House where the attendance was 50 not very high. " 1 RtGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 3 PAGE 8 4 5 6 11 . ADibURNMENT 7 8 Motion by Marksi second by Wagner to adjourn the meeting at 9 8 : 03 p .m. 10 11 Motion carried 12 13 14 15 Respectfully submitted, 16 17 18 Jo-Anne Student , Council Secretary 19 20 21 22 23 Mayor C.larence Ranallo 25 26 27 ATTEST: 28 City Clerk 1 REGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 PAGE 7 5 6 D. Ordinance No. 1992-011 , Re: Codification of the General 7 Ordinaces ( 1st Readina) 8 9 The City Attorney advised that the completion of this 10 ordinance was delayed due to additions . He feels it is now 11 ready for adoption and is more concise in its present form. 12 13 Copies. of this ordinance will be available for public review 14. at the City Hall , the library -and the fire station . 15 16 The City Manager will have copies made for all of the 17 Councilmembers . 18 19 Motion by Marks , second by Wagner to approve the first reading 20 of Ordinance No. 1992-011 which is an ordinance codifying the 21 general ordinances of the City of St . Anthony, Minnesota; .22 adopting a new city code ; and repealing certain ordinances . 23 24 25 Motion carried unanimously 26 27 0 10 . UNFINISHED BUSINESS - 30 31 A. Ordinance No. 1992-010 , Re: Rezoning for City' s South End 32 Improvements ( 3rd Reading) 33 34 Councilmember Marks left the Council Chambers for the 35 discussion and voting on Ordinance No. 1992-010 . He has a 36 conflict of interest with one of the properties addressed in 37 this ordinance. 38 39 Motion by Enrooth, second by Wagner to approve the third 40 reading and passage -of Ordinance No. 1992-010 which is an 41 ordinance relating to zoning, rezoning certain property from 42 commercial to single-family residential . 43 44 45 Roll call : Enrooth, Fleming, Wagner, Ranallo aye 46 Marks abstain 47 48 49 Motion carries 50 I REGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 3 PAGE 6 4 5 6 Four bids were received for the water system improvements but 7 one was withdrawn due to an error. The engineers had estimated 8 this project at approximately $180, 000 . The City Manager 9 advised some of the funds may be returned to the federal 10 government since the bids came in considerably lower than the 11 estimate. 12 13 Motion by Marks , second by Enrooth to accept the low bid for 14 the water system improvements from Gridor Construction, Inc . 15 in the amount of $162 , 043 . 00 . 16 17 Motion carried unanimously 18 19 20 B. Resolution No. 92-051 , Re: Creation of a New Property 21 Taxpayers ' Trust Fund 22 23 The City Manager advised that twenty-eight metropolitan 24 municipalities have approved this resolution and about 100 25 cities statewide have approved it . 26 27 Motion by Enrooth , second by Marks to approve Resolution No. 28 92-051 which is a resolution concerning a constitutional 29 amendment to create a new Property Taxpayers ' Trust Fund in 30 Minnesota . 31 32 Motion carried unanimously, 33 34 35 C. -Resolution No. 92-054 , Re: County Road Maintenance 36 Aareement With Hennepin County 37 38 The City Manager advised that street sweeping charges have 39 increased considerably and mowing will be increased in 40 frequency. 41 42 Motion by Marks , second by Fleming to approve Resolution No. 43 92-054 which is a resolution authorizing the Mayor and City 44 Manager to execute the agreement between Hennepin County and 45 the City of St . Anthony for road maintenance services . 46 47 Motion carried unanimously 48 49 50 1 REGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 4 PAGE 5 5 6 8 . PUBLIC HEARINGS 7 8 A. Certification of Assessments to Seven City Property Taxes 9 (Resolutions No. 92-052 and 92-053 10 11 The public hearing was opened at 7 : 50 p.m. 12 13 The City Manager advised that all property owners of 14 properties which have assessments received certified letters 15 regarding this public hearing. He noted that no phone calls 16 nor contact was received from any of these property owners . A 17 public hearing notice also appeared in the November 11 , 1992 18 edition of the Bulletin . 19 20 The City Manager noted that the house at 3316 Skycroft Circle 21 had been sold. He understood that the new owners were not .22 aware of the outstanding assessments . It was also noticed that 23 a new roof has been put on the house and a permit has not been 24 issued, 25 26 The public hearing was closed at 7 : 55 p.m. 27 Councilmember Wagner corrected the word "bills" to "bill " in is the second par'agraph of Resolution No. 92-052 . 30 31 Motion by Marks , second by Wagner to approve Resolution No. 32 92-052 , with the correction, which is a resolution certifying 33 charges to the Hennepin County Auditor to be levied against 34 certain properties for collection with the taxes payable in 35 1993 . 36 37 motion carried unanimously 38 39 40 Motion by Marks , second by Wagner to approve Resolution No. 41 92-053 which is a resolution certifying charges to the Ramsey 42 County Auditor to be levied against certain properties for 43 collection with the taxes payable in 1.993 . 44 45 Motion carried unanimously 46 47 9 . NEW BUSINESS, 48 49 A. Approval of Bid for Water System Improvements 50 1 REGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 3 PAGE 4 4 5 6 The Mayor had received a notice that there is a 7 considerable amount of money in the Cable Commission 8 account . The City Manager advised that approval from the 9 St . Anthony City Council' is being waited 'for before . any 10 investments are made . Various places for investment of 11 these funds were discussed. 12 13 B. Report of the City Manaaer 14 15 1 . Sianalization of 37ih Avenue 16 17 The City Manager advised that the signalization for 37th 18 Avenue and Stinson Boulevard is complete. A response from 19 the Soo Line Railroad is the only reason the signals have 20 not been activated . 21 22 There is a formal agreement between Hennepin County and 23 the Soo Line Railroad regarding these signals . Hennepin 24 County has sent two letters to the Soo Line regarding 25 signing this agreement and has not received a response. 26 27 2 . December Council Meetina 28 29 At the December 22nd Council Meeting the third reading of 30 the Recodification ordinance will be held. A public 31 hearing is also necessary' for this ordinance as it 32 includes zoning changes . 33 34 The City Manager also noted that the recodification 35 includes beginning regular Council Meetings at 7 : 00 p.m. 36 rather than 7 : 30 p .m. 37 38 3 . Meetina With Chief of Police 39 40 The City Manager advised that the Police Chief had 41 originally planned on being in attendance at this Council 42 Meeting. He was unable to attend so the City Manager 43 suggested he meet with the Council at its next work 44 session or attend the December 22nd Council Meeting. 45 46 4 . City. Manacier ' s Review 48 Mayor Ranallo and Councilmember Marks will meet on 49 December lst to complete the City Manager ' s review. There 50 will be no Council. work session on that date. 1 REGULAR COUNCIL MEETING NOVEMBER 24 , 1992 46 PAGE 3 4 5 6 7 . REPORTS 7 8 A. Council Reports 9. 10 1 . Report of Councilmember Waaner 11 12 Councilmember Wagner will be attending the National 13 League of Cities Annual Conference in New Orleans . He had 14 a copy of the proposed policies and statements which were 15 drafted by various committees . He wil.1 have these 16 available for anyone on the Council to review who so 17 desires . 18 19 2, Report of Councilmember Flemina 20 21 Councilmember Fleming had nothing to report at this time. 22 23 3 . Report of Councilmember Marks 24 25 Councilmember Marks had nothing to report at this time. 26 27 4 . Report of Councilmember Enrooth Councilme mb er Enrooth serves on the newly-formed 30 Environmental/Recycling Committee. He feels the members 31 of this committee are very talented and would contributed 32 some expertise to the subjects which will be addressed. 33 34 Four meeting dates have been selected for 1993 . 35 36 5 . Report of Mayor Ranallo 37 38 Mayor Ranallo stated that Councilmember' Fleming does not 39 presently represent the Council on any boards or 40 commissions . He noted her availability and that she. will 41 fill in for him at the meeting on December 2nd at the St . 42 Anthony Shopping Center Merchants meeting. 43 44 The Mayor has also contacted the St . Anthony Chamber of 45 Commerce and recommended that Councilmember Fleming be 46 considered f.or appointment to the Chamber Board. The 47 Mayor ' s term on the Board expires in the spring. 48 4 9 50 1 REGULAR COUNCIL MEETING 2 NOVEMBER 24 , 1992 3 PAGE 2 4 5 6 7 4 . APPROVAL OF NOVEMBER 10 , ' 1992 COUNCIL MEETING MINUTES 8 9 Motion by Fleming, second by Marks to approve the minutes of 10 the November 10 , 1992 Council Meeting with the following 11 corrections : 12 13 page 9, line 23 : Delete "and adoption" 14 15 Motion carried unanimously 16 17 18 5. LICENSES/PERMITS/PETITIONS 19 20 There were no license or permit applications and no petitions . 21 22 6 . PRESENTATION OF CLAIMS 23 24 Motion by Marks, second by Enrooth to approve all of the 25 following claims : 26 27 A. Dorsey & Whitney Law Firm 28 29 Payment was approved in the amount of $1 , 672 . 93 to the Dorsey 30 & Whitney Law Firm for legal services rendered through October 31 31 , 1992 for various matters . 32 33 B. Maier Stewart & Associates , Inc. 34 35 Payment was approved in.- the amount of $8 , 525 . 32 to Maier 36 Stewart & Associates, Ind. for engineering services rendered 37 from September 27 , 1992 through October 24 , 1992 for water 38 improvement projects and identifying property lines . 39 40 Mayor Ranallo fe'lt the charges of - this firm for investigating 41 underground cable P' ossibi.lities should be charged to the Cable 42 Commission budget . - 43 44 C.. Verified Claims 45 46 Five pages of I veri f ied claims as prepared by the Finance 47 Director were approved. 48 49 50 Motion carried unanimougla CITY OF ST. ANTHONY 2 0. REGULAR COUNCIL MEETING 4 5 NOVEMBER 24 , 1992 6 7 8 9 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE 10 11 The meeting was called to order by Mayor Ranallo at 7 : 30 p.m. 12 The Pledge of Allegiance was led by members of Boy Scout Troup 13 #153 and Den #6 - 14 15 Mayor Ranallo welcomed members of Boy Scout Troup #153 and Den 16 #6 - There were five cub scouts and one boy scout . Their 17 leaders , Shari Lange and Brad Boen, had brought the boys to 18 City Hall to fulfill some of the requirements for earning 19 their citizenship badge. 20 21 The Mayor had visited with them before the Council Meeting and 22 discussed local government procedures and functions and the 23 budgeting process . They had already visited the Police 24 Department and would be visiting the Fire Department after the 25 Council Meeting. 26 27 The Mayor presented all of the boys and their leader-s with a St . Anthony lapel pin. 30 31 2 . ROLL CALL 32 33 Counci I Present : Mayor Ranallo, Councilmembers Marks , Enrooth, 34 Fleming and Wagner . 35 36 Staff Present : City Manager Burt ,. City Attorney Soth and 37 Management Assistant Urbia 38 39 40 3 . APPROVAL OF NOVEMBER 24 , 1992 COUNCIL MEETING AGENDA 41 42 Motion by Marks , second by Enrooth to approve the agenda as 43 presented for the November 24 , 1992 Council Meeting. 44 45 46 Motion carried unanimously 47 48 49 50 reasons for the removal will be given to the owner of the property on which the sign is located as�soon as possible. Section 2- This ordinance shall be in effect as of the date of Code of Ordinance recodification. First Reading: September 8, 1992 Second Reading: September 22, 1992 Third Reading: October 27, 1992 MAYOR ATTEST: CITY CLERK 17 Subd. 2. MAJORITY.VOTE: A majority affirmative vote of Council members present is required to approve a variance. Subd. 3. FEE: An application for a variance must be accompanied by the fee provided in Subsection 615. 1400.15 NON-CONFORMING SIGNS Subd. 1. LEGAL CONFORMING: All signs existing as of March 10, 1983 conforming to the requirements of this Chapter and not requiring permit under the provisions of this Chapter, may be maintained so long as they continue to comply with the provisions of this Chapter, as it may from time to time be amended. Subd. 2. LEGAL NON-CONFORMING SIGNS: All signs existing as of March 10, 1983 which would be prohibited by this Chapter, or which would require a permit under this Chapter but have not received a permit, will be deemed to be legal non- conforming signs. Legal non-conforming signs may continue to exist without a permit and without constituting a violation of this Chapter until one or more of the following occurs: (1) The sign is structurally altered (except for normal maintenance) in a way which makes the sign less in compliance with this Chapter than it was before the alteration. (2) The sign is relocated to a position making it less in compliance with this Chapter than it was before the relocation. (3) The sign is replaced. (4) Any new primary sign is erected or placed in connection with the enterprise using the legal non-conforming sign. 1400.16 ENFORCEMENT: If a sign is in violation of this Chapter, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the City Manager may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign o r remedial work in the time and manner specified in the notice. In the event of failure to comply with the notice within 30 days, the City Manager may remove the sign or cause such remedial work to be done. The cost of the work performed by the City must be paid to the City by the owner of the property by certifying the costs to the County Treasurer for collection in the same manner as real estate taxes. If a sign which has been removed is not reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and 16 a Recreational Open Space District and may be erected after obtaining a permit and paying required license fee. (1) Subject to approval of the Council, monument and wall signs are only allowed in this district. The monument sign may have a sign surface area not to exceed 150 square feet. The sign surface area of a wall sign may not exceed 15% of the area of the wall to which it is applied. 1400.13 ADJUSTMENTS AND APPEALS. Subd. I. COMPOSITION: The commission of adjustments and appeals will be comprised of the members of the planning commission. Subd. 2. POWERS AND DUTIES: The commission will hear and make recommendations to the Council regarding: (1) Appeals where it is alleged that 'there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter. (2) Petitions for variances from the, literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: 1. The granting of the variance will not be detrimental to the other property in the neighborhood or City; and 2. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to; or 3. The conditions upon which the application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable,-generally, to other property within the same land use classification. 1400.14 VARIANCES Subd. 1. VARIANCES GRANTED: Variances may be granted by the Council after a hearing is, held by the Planning Commission and a recommendation is made to the Council. Notices will be given, and a public hearing will be held, in the manner provided in Subsection 1670.06. The installation of sign(s) must take place within one year after a variance has been granted by the City Council. 15 that need additional exposure from different vantage points. The number of additional wall signs will not exceed one half the total number of commercial establishments and will be allowed a surface sign area of one-half of that which it is allowed. (5) A commercial establishment located within a shopping center, having no outside frontage, will be allowed a surface sign area of one-half of that which it would be allowed if it had outside frontage. (6) Commercial establishment will be allowed, in addition to all other authorized signs, one historical identification symbol, not exceeding (5) five square feet in sign surface area. (7) Subject to approval of the Council, and as a conditional use, a movie theatre may have a marquee. The total sign area for a marquee sign shall not exceed 200 square feet. (8) Upon submittal of a comprehensive sign plan and subject to approval of the City Council, a strip mall under 75,000 square feet and a shopping center over 75,000 square fee may be allowed a menument sign with a surface .sign area not to exceed 150 square feet. (9) Upon submittal of a comprehensive sign plan and subject to approval of the City Council, a major anchor/tenant over 50,000 square feet in a shopping center over 100,000 square feet may have a wall sign that is up to four times the sign surface area of which is allowed for other commercial establishments. (10) Subject to approval of the City Manager, a searchlight is permitted for a special event. Subd. 3. LIGHT INDUSTRIAL: The following signs are permitted in a Light Industrial District and may be erected after obtaining a permit and paying required license fee. (1) One business or identification canopy or wall sign per right-of-way frontage pertinent as regulated in Subsection 1400.12, Subd. 2(l), or one freestanding sign as regulated and permitted in Subsection 1400.10. (2) In a district zoned for light industrial businesses, signs containing one square foot for every 100 square feet of ground floor space will be allowed up to a total sign surface area of 150.square feet. Subd. 4. RECREATIONAL OPEN SPACE: The following signs are permitted in 14 (2) R-3 & R-4: Each multiple dwelling complex (nine or more units) will be,allowed one monument sign identifying the complex. The sign may not exceed 5.0 square feet in sign surface area. The sign structure including the sign surface area, may not exceed 150 square feet in area. The highest point of the sign may not be more than 10 feet above ground level. (3) Each church located within the'corporate limits of this City, subject to approval of size, location and type'by the City Manager, may erect and maintain a maximum of three directional signs on municipal rights-of- way. No church may erect or maintain more than one such sign at any intersection. Subd. 2. COMMERCIAL AND LIMITED BUSINESS: The following signs are allowed in a "B" Service Office Limited Business District and "C" Commercial Districts and may be erected after obtaining a permit and paying a required license fee. (1) One identification sign per right-of-way frontage per commercial establishment. The sign may have no more than 2 square feet of surface area per lineal foot of business footage, up to a maximum of 150 square feet. The total area of all wall signs affixed to a wall may not exceed 15% of the total area of the wall. (2) A gasoline station will be allowed, in addition to all other authorized signs, one pylon sign to identify the gasoline brand. This sign may not exceed 30 feet in height, and must have a minimum clearance of 4-2, feet from the basic grade level to the lowest element of the sign surface and may not exceed 150 square feet, including both sides, in sign surface area. Such an establishment will&Ise be allowed one price sign, net to emeeed 8 square feet in sign suffaee aFee,- for each frontage ........................... .... .. ........... U '1'*'**"***""'*"""**'*""""""*"""""fi"""""*'"'"""""""""""" Such having a curb cut A .......... freestanding sign and pr-iee sigi:is will be in addition to those signs allowed in Part 1 of this Subdivision. (3) Upon submittal of a comprehensive sign plan and subject to the approval of the City Council, a shopping center over 75,000 feet may have major anchor/tenant monument sign(s) depending upon the number of major anchors. The total sign area shall not exceed 300 square feet. (4) Upon submittal of a- comprehensive sign plan and subject to the approval of the City Council, a shopping center over 75,000 square feet may be allowed additional wall signs for commercial establishments 13 (1) Signs having one copy surface may have up to 20 square feet of surface area, plus any bonus under Section 1400.10. (2) Signs having two or more copy surfaces may have up to 32 square feet for all surfaces, plus any bonus under Section 1400.10. Subd. 4. LANDSCAPING: (1) Signs which are landscaped in accordance with this Chapter, will be entitled to a height bonus of 3 feet (total maximum height of 8 feet). (2) The minimum required landscape area, excluding the pedestal area to qualify for the height bonus, must be at least 1.5 times the sign surface area. (3) Landscaping must consist of shrubs, plants, rocks or other decorativi,- materials located around the pedestal. Subd. 5. DESIGN AND LOCATION: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. �Y (2) Signs must be located at least 15 feet from any street or other easement. (3) To qualify for a permit, the pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be- allowed one ground sign, regardless of the number of tenants in the structure. 1400.11 WALL SIGNS: The sign surface area of a wall sign may not exceed 15% of the area of the wall'to which it is applied. 1400.12 DISTRICT SCHEDULES: Signs shall be permitted as set forth in the following provisions: Subd. 1. RESIDENTIAL: The following signs are permitted in a residential district: (1) R-1, R-1A & R-2: One identification sign per dwelling unit per right- of-way frontage. Additionally one address sign on the curb in front of each dwelling unit or on a freestanding mailbox. 12 Subd. 4. PERMIT ISSUANCE. (1) Each application must be reviewed for compliance by the City Manager or the Manager's designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within 30 days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one year of its issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. Subd. 5. SHOPPING CENTERS/STRIP MALL COMPREHENSIVE SIGN PLAN: A comprehensive plan must be provided for the whole of a shopping center development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval, R.Y.-Ti"J" When a comprehensive plan is presented, exceptions Ma"pter maybe permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be.reviewed by the City Planning Commission who will forward a recommendation to the Council on the appropriateness of the proposed plan. 1400.10 GROUND SIGNS: Are permitted in all districts, subject to the following: Subd. 1. PERMIT APPLICATION: A permit is app lied. for in accordance with Subsection 1400.08. Subd. 2. HEIGHT: (1) The sign does not exceed 5 feet in height, except as permitted under Subd. 4 of this Subsection. .(2) The berming of a sign location will be considered in the height of a sign if the berm is more than 3 feet in height. (3) For every foot a sign is less than the maximum height permitted, there will be allowed an additional 4 square feet of sign surface area, up to a total of 12 additional.square feet. Subd. 3. SURFACE AREA: 11 1400.09 SIGNS REQUIRING PERMITS Subd. 1. PERMITS REQUIRED: No person shall erect, place, rebuild, alter or move a sign, other than those described in Subsection 1400.07. Subd. 2. PERMIT FEES: A sign permit fee must be paid in accordance with the schedule in Section 615. Subd. 3. APPLICATION FOR PERMIT: Every application for a sign permit must-be accompanied by a plan or plans drawn to scale and including: (1) The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached. (2) The maximum and minimum height of the sign. (3) The proposed location of the sign in relation to the face of the building in front of which or above which it-is to be erected. (4) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. (5) If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. (6) Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. (7) The name and address of the owner of the sign and the address of the property where the sign is located. (8) Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. (9) Where a shopping center's comprehensive sign plan is submitted, the plan 'must include the location, size, height, color, lighting and orientation of ALL signs. (10) Where a ground-sign is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from' the established grade, size, color, lighting and hours of illumination. 10 sign advertising a group of lots for sale within a subdivision or group of houses for sale within a housing project, provided that the total area of such sign shall not exceed 64 square feet with no sing]e dimension in excess of 16 feet. The display of such sign shall be limited to a 6-month period. At the expiration of such period, the applicant may request a further extension of time, otherwise the sign must be removed. Subd. 9. TEMPORARY SIGNS, OTHER THAN POLITICAL SIGNS: Temporary signs, other than political signs, pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided permission of the City Manager must be obtained to erect such signs upon or over public property and provided further that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and must be removed within 3 days after the.event. If prior permission is not obtained from the City Manager, the sign shall be removed immediately. Subd. 10. TEMPORARY COMMERCIAL SIGNS: Signs which do not have a sign surface area in excess of 32 square feet and which are erected or displayed for a period of time not to exceed 30 days in any year. Permission of the City Manager must be obtained to erect such signs. If prior permission is not obtained from the City Manager, the sign shall be removed immediately. Subd. 11. FLAGS AND EMBLEMS: Flags and emblems of governmental, civic, philanthropic, educational or religious organizations. Flags of the United States, the state, the city, foreign nationals having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body or compete'nt jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown from a pole the top of which is more than 40 feet in height., These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a temporary sign and shall be subject to regulation as such. Subd. 12. RESIDENTIAL REAL ESTATE SIGNS: Real estate signs erected on private property, provided the combined sign surface area of such is not greater than 12 square feet. Real estate signs must be removed within 7 days after the closing date. Subd. 13. COMMERCIAL REAL ESTATE SIGNS: Real estate signs erected on private property, provided the combined sign surface area of such is not greater than 32 square feet. Real estate signs must be removed within 7 days after the closing date. Subd. 14. SIGNS AFFIXED ON BENCHES AT PUBLIC BUS STOPS 9 all other requirements of this Chapter, may be erected without a sign permit. Subd. 1. POLITICAL SIGNS: All political signs of any size may be posted from August 1 in a State general election year until ten days following the State general election. In a City election year, all political signs of any size may be posted four weeks prior to a City election until five days following the City election. In a Independent School District Number 282 election year, all political .signs of any size may be posted four weeks prior to a school election until five days following the election, wh I ich is the third Tuesday in May. Political signs are not allowed within fifteen feet from the curb. Subd. 2. DIRECTIONAL SIGNS: Directional signs having a surface area not greater than 5 square feet. Subd. 3. CONSTRUCTION SIGNS: Signs denoting the architect, engineer, or contractor, when placed upon work under construction, provided that the total sign surface area of all such signs does not exceed the greater of 12 square feet or a ratio of one square foot of sign surface per 100 square feet of floor space in the construction project, up to a maximum of 32 square feet. Subd. 4. MEMORIAL SIGNS: Memo rial signs or tablets, or names of buildings and date of erection when cut into masonry surface or constructed of metal or stone and attached to the building, not exceeding a sign surface area of 4 square feet. Subd. 5. IDENTIFICATION SIGNS: One identification sign per residential dwelling unit, which shall not exceed a sign surface area of 4 square feet per surface and shall have no more than two sign surfaces, and one address sign on the curb in front of each dwelling unit. Subd. 6. FREESTANDING SIGNS: Freestanding signs for garage sales or similar event occurring within the corporate limits of the City, not exceeding 4 square feet in sign surface area, erected on private property with permission of the land owner, and displayed for not more than 3 consecutive days. Subd. 7. WINDOW SIGNS: Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 50% of the glass area, excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is 5 feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not intended to be continued for a period of more than 8 weeks. Subd. 8. ON-SITE TEMPORARY SUBDIVISION SIGNS: One on-site temporary 8 nameplates and address identifications and pedestrian directives such as"pull","push", Ifentrance", "exit", "use other door", "caution", and other instructions shall be included with the sign surface area of all other signs on a glass door for the purpose of determining the total sign surface area of such door. Subd. 7. SIGNS NEAR LOTS: Signs other than wall signs which have any surface area or structural member closer than 10 feet to a side lot line. Subd. 8. SIGNS NEAR PROPERTY LINES: Signs which project beyond the property line of the property upon which the sign is located. Subd. 9. SIGNS NEAR ROOFS: Signs projecting more than 5 feet above the roof line of the structure to which it is affixed. Subd. 10. ADVERTISING SIGNS: Signs intended to be for the purpose of advertising in R-1, R-1A, R-2, R-3, and R-4, including those intended for viewing only from the interior of a building but which can.reasonably be viewed from the exterior of the building. Subd. 11. SIGNS ON WALLS: Wall signs having a sign surface area exceeding 15% of the area of the wall surface to which it is affixed. Subd. 12. PROJECTING SIGNS. Signs constructed so that the message or communication is not,flat against the sign structure. Subd. 13. SIGNS AFFIXED TO UTILITY POLES AND FENCES. Subd. 14. EMITTING SIGNS: Signs which emit sound, odor or visible matter. Subd. 15. ANIMATED SIGNS. Subd. 16. FLASHING SIGNS; Flashing signs except any portion giving time, temperature or weather. Subd. 17. SIGNS ATTACHED TO A VEHICLE. Vehicles with incorporated or attached signage parked primarily for use as a sign shall not be parked in any zone for more than 72 hours. Subd. 18. BILLBOARDS. Subd. 19. SIGNS ON BUS SHELTERS. All types of signs except for bus schedules and identification information. 1400.08 SIGNS REQUIRING NO PERMITS: Signs described in this Chapter, if they meet 7 Subd. 5. MAINTENANCE: All signs, together with all of their supports,braces, guys and anchors, must be kept neatly painted and posted. Every sign must be maintained by the owner or person in charge of the,sign in a clean, safe, sanitary, and inoffensive condition and free of litter, rubbish and weeds. Subd. 6. INSPECTIONS: All signs for which a permit is required may be inspected by the City Manager, and a permanent record, including photographs, may be maintained. The City Manager or the City Manager's designated representative may, after notice to the owner, enter upon any property to ascertain whether the provisions of this Chapter are being complied with. The City Manager may order the removal of any sign that is not maintained in accordance with this Chapter. In addition, the following inspections will be made: (1) All signs requiring footings must be inspected to insure that suitable footings, as determined by the City Building Inspector in accordance with appropriate building codes, have been used. Footing inspections will be required for all ground signs and pylon signs before the sign is installed. (2) Electrical inspections will be required for any electric sign. 1400.07 PROHIBITED SIGNS. Signs that are not specifically permitted in the Chapter are hereby prohibited. Without restricting or limiting the generality the provisions of the foregoing, the following signs are specifically prohibited: Subd. 1. BALCONY SIGNS: Balcony signs and signs mounted or supported on a balcony. Subd. 2. OBSTRUCTING SIGNS: Any sign that obstructs any part of a doorway or fire escape. Subd. 3. EXTERIOR SIGNS: Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from exterior of the building, which by reason of position, shape, wording, color, or any other characteristic would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety hazard. Subd. 4. SIGNS WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC EASEMENT. Subd. 5. FLAGS OR WHIRLING DEVICES. Subd. 6. SIGNS ON GLASS DOORS: Signs on glass doors which total sign surface area exceed 20% of the glass area of the door. The sign surface area of 6 Subd. 33. WALL SIGN: A flat sign which does not extend more than 18 inches from the face or wall of the building upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Subd. 34. WALL SURFACE: The total surface area of the building face to which the sign is attached, including windows and door areas, measured to the extreme outer limits of the wall surface. Subd. 35. WINDOW SIGN: A sign affixed to or inside a window in view of the general.public, but excluding merchandise on display. 1400.05 APPLICATION. Subd. 1. CONFORMITY: No sign may be erected, placed, altered or moved unless in conformity with this Chapter. Subd. 2. OTHER CODE PROVISIONS: Nothing in this Chapter may be taken to relieve any person from complying with the provisions of any other Chapter of the City Code. 1400.06 GENERAL REQUIREMENTS. Subd. 1. SIGN PERMIT NOT REQUIRED: The changing of the advertising message of a painted or printed sign, theater marquee or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with the Chapter and any other applicable law or section of this Code. Subd. 2. HAZARD AND HAZARDOUS SIGNS: No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. , No private sign may contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. Subd. 3. FRAMEWORK OF SIGNS: When possible, the framework for the lateral support of a sign must be contained within the sign's body or within the structure of the building to which it is attached so as not to be visible. Subd. 4. PLACEMENT OF SIGNS: No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof. 5 of the real estate upon which it is located. Subd. 25. ROOF LINE: The uppermost line of the roof of a building, or in the case of an extended facade, the uppermost height of the facade. Subd. 26. ROOF SIGN: A sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building. Subd. 27. SHOPPING CENTER: Any group of four or more occupant retail or service establishments on one or more contiguous tracts of land in single ownership, compromising over 75,000 square feet of Door area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 28. SIGN: Any structure, device, advertisement or visual representation intended to visually advertise, identify or communicate information, or to visually attract the attention of the public for any purpose unless located within a building and not visible from the exterior of the building. Without limiting the generality of the foregoing, the term includes any symbols, letters, figures, illustrations or forms painted, or otherwise affixed to a building or structure, any beacon or search light intended to attract the attention of the public for any purpose, and any structure or device the prime purpose of which is to border, illuminate, animate or project visual representation. Notwithstanding the foregoing, the term sign shall not include official notices issued by any court or governmental body, notices posed by a public official in the performance of official duties, or traffic control signs established pursuant to governmental authority. Subd. 29. SIGN SURFACE AREA: The area in square feet of the smallest rectangular figure which circumscribes the area enclosed by the actual copy of a sign including both sides of a sign with copy on both sides and including border and trim of the sign. The supports, uprights or structures in which any sign is supported will not be included in determining the sign area. Subd. 30. STREET: A public highway, road, alley or thoroughfare. Subd. 31. STRIP MALL: Any group of four or more occupant retail or service establishments on one or more contiguous tracts of land in single ownership, compromising 7,500 to 75,000 square feet of floor area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 32. TEMPORARY SIGN: Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard or other light materials with or without frames; intended to be displayed for a limited period of time only. 4 an artificial source, so shielded that no direct illumination from it is visible except on the sign and in its immediate proximity. Subd. 14. IDENTIFICATION SIGN: a sign which contains no advertising but is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. Subd. 15. MAJOR ANCHOR: a single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Subd. 16. MARQUEE: any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Subd. 17. MARQUEE SIGN: any sign attached to, in any manner, or made a part of a marquee. Subd. 18. PEDESTAL: A foundation or base of a ground sign which either directly supports the signage or completely screens the supporting members of the sign. Subd. 19. PERSON: An individual, firm, association, organization, partnership, trust or corporation. Subd. 20. POLITICAL SIGN: Any sign which states the name or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming election or referendum, or pertaining to or advocating political views or policies erected on private property, which are erected by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group chairman responsible for the erection and removal of the sign. Subd. 21. PYLON SIGN: Any sign which is freestanding by virtue of being structurally independent of any structure or object other than uprights, braces or poles, without guywires or pedestal. Subd. 22. PROJECTING SIGN: A sign other than a wall sign, which.is affixed to a building and projects outward more than 15 inches from the building wall or structure. Subd. 23. PUBLIC SERVICE SIGN: Any sign primarily intended to promote items of general interest to the community. Subd. 24. REAL ESTATE SIGN: A sign pertaining to the sale, lease or rental 3 Subd. 1. ADVERTISING MESSAGE: that copy on a sign describing products or services being offered to the public. Subd. 2. ANIMATED SIGN: a sign which includes action or motion. Subd. 3. BILLBOARD: a sign erected for the purpose of advertising a product, event, person, or subject not entirely related to the premises on which said sign is located. Subd. 4. BUSINESS FRONTAGE: the linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Subd. 5. CANOPY: a permanent roof structure attached to and supported by the building. Subd. 6. CHANGEABLE COPY SIGN: any sign which is characterized by changeable copy, letters, or symbols, regardless of method of attachment. Subd.. 7. DIRECTIONAL SIGN: an on-premises sign designed to guide or direct pedestrian or vehicular traffic. Subd. 8. ELECTRIC SIGN: any sign containing electrical wiring but not including signs illuminated by an exterior light source. Subd. 9. FLAGS: devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on poles, strings or wires, but excluding the flag of any_country or state. Subd. 10. FLASHING SIGN: an illuminated sign which contains flashing lights or exhibits noticeable changes in light intensity. Subd. 11. GROUND SIGN: any sign which is freestanding by virtue of being structurally independent of any structure or object, is affixed to the ground by means of a base with no visibility between the bottom of the sign and the base on which it is attached and may make use of landscaping to enhance the appearance of the signage. Subd. 12. HISTORICAL IDENTIFICATION SYMBOLS: those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. Subd. 13. ILLUMINATED SIGN: a sign designed to give forth any artificial or reflected light, either directly from a source connected with the sign or indirectly from 2 CITY OF SAINT ANTHONY ORDINANCE 1992'008 AN ORDINANCE RELATING TO SIGNS; AMENDING THE ST. ANTHONY 1973 CODE OF ORDINANCES BY AMENDING CHAPTER 14. The City Council of the City of St. Anthony hereby ordains: Section 1. Chapter 14 of the St. Anthony 1973 Code of Ordinances is amended to read as follows: CHAPTER 14. SIGNS Chapter 1400 - SIGNS 1400.01 TITLE. This ordinance shall be known as the "Saint Anthony Sign Ordinance" except as referred to-herein, as "this ordinance". 1400.02, PURPOSE AND INTENT. It shall be the purpose and intent of this ordinance to achieve the following objectives: (a) To establish standards which would permit businesses in the city a reasonable and equitable opportunity to identify themselves. (b) To preserve and promote civic beauty and not allow signs which would detract from this objective because of unusual size, shape, height, location, condition, cluttering or illumination. (c) To insure-that signs in the city shall not create a safety hazard. (d) To preserve and protect the value of land and buildings, and to preserve and protect landscapes. 1400.03 SCOPE. This ordinance applies to all signs in the City, and describes signs which are prohibited, signs which may be erected only with a permit, and signs which may be erected without a permit. This ordinance also contains certain requirements for all signs erected, administrative provisions for issuance of permits, procedures with respect to variances, and penalty provisions. 1400.04 DEFINITIONS. For the purpose of this ordinance, the words and phrases in the Section shall have. the meanings set forth in this Section. STAFF REPORT DATE: December 2, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: PLANNING COMMISSION MEEMNG START TIME. BACKGROUND The City Council will change its meeting start time from 7:30 P.M. to 7:00 P.M. in the proposed recodified ordinance (the third reading will be on December 22, 1992). As the ordinance reads now, the Planning Commission meeting start time is 7:30 P.M.. RECOMMENDATION Change Planning Commission meeting start time to 7:00 P.M. to be uniform' with City Council meeting start times. In addition, the earlier start time could potentially lead to eaxlier meeting end times. STAFF REPORT DATE: November 19, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: REIMBURSEMENT FOR EXPENSES/OTHER ISSUES The following questions were asked at the November 17, 1992 Planning Commission ineeting: Question: Would mileage/travel expenses be reimbursed for attending a seminar? Answer: Yes -- if a Planning Commissioner attends a seminar related to Planning Commission duties. The Commissioner should keep track of mileage and other travel related expenses (i.e. parking, meals) and request from staff the appropriate form'to receive reimbursement. Question: Is there a difference between compensation and per dium? Answer: Yes -- there is no reference that I could see in the statutes regarding these definitions; however, there is a difference. Question: Is there a Minnesota State Statute prohibiting compensation to Planning Commissions? Answer: After searching the statutes under all topics related to planning, I did not find any reference to compensation. From this, I would assume that there is no statute prohibiting compensation to Planning Commissions. Planning Commission Bylaws Draft #4, November 18, 1992 9. 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. 10. Order of Consideration of Agenda Items: The following procedure will normally be observed; however, it may be rearranged by the chair 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 action. 11. Any member of the Planning Commis-sion who shall feel that he/she has a conflict of interest on any matter that is on the Planning Commission agenda s I hall voluntarily excuse himself/herself, -vacate his/her seat, and refrain from discussing and voting . on said items as a Planning Commissioner. 12 . 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 chair of the commission in the event that the projected absences will produce a lack of quorum. 13 . The chair shall be an ex officio member of all committees, with voice but no vote. 14 . The vice-chair shall succeed the chair if he/she vacates his/her office before his/her term is completed, the vice- chair to serve the unexpired term of the vacated office. A new vice-chair shall be elected at the next regular meeting. 15. The by-laws may be amended at any . meeting of the Planning Commission by a 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 2 Planning Commission By-laws Draft #4, November 18, 1992 CITY OF ST. ANTHONY PLANNING COMMISSION BY-LAWS 1. A schedule of meeting dates shall be established and may be changed or altered at any regularly scheduled meeting. , one regular meeting date is established each month on the third Tuesday at 7: 30 P.Mi in the Council Chambers. 2. Additional meetings may be held at any time upon the call of the chair 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 chair and vice-chair. 4. The duties and powers of the officers of the Planning Commission shall be as follows: A. Chair: (1) Preside at all meetings of the commission. (2) Call, amend, or cancel meetings of the commission . in accordance with the by-laws. (3) Review agenda before scheduled meeting with staff. B. vice-chair: During the absence, disability, or disqualification of the chair, the vice-chair shall exercise or perform all the duties and be subject to all the responsibilities of the chair. C. Recording secretary: Appointed by the City Manager to record the proceedings. of all meetings. 5. Matters referred to the commission by the City Council shall be placed on the calendar for consideration and action at the first meeting of the commission after such reference. 6. Four members of the commission shall constitute a quorum for the transaction of business. 7. Reconsideration of any decision of the commission may be had. when the interested party for such reconsideration makes a showing - satisfactory to the chair and/or City Manager - that without fault on the part of suchparty essential facts were not brought to the attention of the commission. 8. Roberts Rules of Order are hereby adopted for the government of the commission in all cases not otherwise provided for in these rules. 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. PAGE I STAFF REPORT DATE: December 7, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: AGENDA ITEM C Please refer to previous packets (October and November) for background reading material related to agenda items C(2) through C(4). CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA December 15, 1992 7:30 P.M. CITY COUNCIL CHAMBERS I. CALL TO ORDER. ii. ROLL CALL III. MINUTES. A- NOVEMBER 17, 1992 PLANNING COMMISSION MEETING. IV. DESIGNATION OF COMMISSION REPRESENTATIVE TO THE JANUARY 12, 1992 CITY COUNCIL MEETING. V. PUBLIC HEARINGS -- NONE. VI. MISCELLANEOUS. A� COMPREHENSIVE SIGN PLAN -- JAMES SARNA & WILLIAM VOGT, 3813 STINSON BOULEVARD, STOP -N- SHOP. B. CONCEPT REVIEW -- LOT SPLIT To BUILD SINGLE FAMILY HOME. C. DISCUSSION WITH CITY ATTORNEY. 1. LEGAL DEFINITION OF HARDSHIP. 2. ACCESSORY STRUCTURE PERMIT OPTION. 3. SIGN ORDINANCE -- OPTIONS FOR NONCONFORMING SIGNS. 4. SEPARATION OF UNDERSIZED LOTS HELD IN SINGLE OWNERSHIP. D. PROPOSED PLANNING COMMISSION BYLAWS. VII. STAFF UPDATE. A. STAFF REPORT; REIMBURSEMENT FOR ExPENSES/OTHER ISSUES. B. PLANNING COMMISSION MEETING START TIME-. VIII. COMMISSIONERS' COMMENTS. IX ADJOURNMENT. CITY OF ST. ANTHONY PLANNING COMMISSION MEETING NOVEMBER 17 , 1992 6 7 1 . CALL TO ORDER 8 9 The Planning Commission Meeting was called to order at 7 : 30 10 p.m. and the Pledge of Allegiance was led by Chairperson 11 Faust . 12 13 2 . ROLL CALL 14 15 Commissioners Present : Thompson, Franzese, Gondorchin, Murphy, 16 Werenicz, Madden a Faust 17 is Staff Present : Management Assistant Dave Urbia 19 20 3 . APPROVAL OF MINUTES OF THE OCTOBER 20 , 1992 PLANNING 21 COMMISSION MEETING 22 23 Motion by Madden , second by Murphy to approve the minutes of 24 the October 20 , 1992 Planning Commission Meeting with the 25 following corrections : 26 27 page 2 , line 37.: Delete "Condo Division" and replace with complex" page 2 , line 43 : Delete "a group of attorneys" and replace 30 with "a federal agency" 31 page 3, line 29: Replace "Amoco" with "Unical " 32 page 4F line 13 : Delete "and" 33 page 4 , line 25 : Correct "feeet" with "feet" 34 page 4 , line 41 : Correct "west-" with "east" 35 page 7 , line 49 : Place a semicolon after "hearing" 36 page 8 , line 6: Place a semicolon after "approved" 37 page 8 , line 7 : Place a semicolon after ., "st,atement" 38 page 11 , line 16/17 : Delete the entire sentence. On line, 17 39 replace "He" with "Commissioner Murphy" 40 page 13 , line 8 : Add' at the end of this paragraph, 41 "Commissioner Madden noted that the maps were not readable. " 42 page 16, line 46 : Insert after "money" the phrase "by December 4.3 31st" 44 page 16, line 49 : add to the end of the sentence, "that given 45 that the plan was presented as a concept plan and adjustments 46 are acceptable,.,,"- 47 48 49 Motion carried unanimously 50 PLANNING COMMISSION MEETING 2 NOVEMBER 17, 1992 3 PAGE 2 4 5 6 4 . DESIGNATION OF COMMIS 7 SION REPRESENTATIVE TO THE DECEMBER 7 COUNCIL 9 Commissioner Thompson will 10 represen the Planning Commission at the December 7th Council Meetint was. noted 12 that 11 regularly scheduled Council Meetin g It the 13 changed to December 7th . 9 of the 8th of December was 5. 14 PUBL 15 —IC—_11E A RI N G 16 A. Reiuest for SubdiviSion/Plat val 17 C. G. Rein Com an 18 19 The Public Hearing was opened by 20 P.M. Chairperson Faust at 7 : 44 21 22 23 Chairperson Faust noted that notice of this public hearing appeared in the October 28 , 1992 edition o 24 f the 25 LU-1_1etin . The request is for a subdiviSion/plat approval for the Tires 26 27 Plus company, located at 3800 silver Lake Road . Approval is required for the tax increment 28 area. financing proposal 29 for the 30 A memo from the Management 31 Assistant addressed all 32 concern regarding this reques issues of the t . The memo also indicated that ordinance which ies in this 33 reviewed and the r appl - situation 34 equest appears had been requirements of the to comply with all of 35 ordinance. The parcel needs to be remo the 36 from the Tax Increment Financing District . ved 37 Mr. Cavanaugh was in attendance only 38 questions members of to respo ' 39 the nd to any stated he felt the staff ha Planning Commi'ssion may have. He 40 him with this request . d done a very, good job in assisting 41 42 The' Public Hearing 43 was closed at 7 : 47 p.m. 44 45 Motion by Maddenr second by Murphy ' to reco Mmend to the City 46 Council approval of the subdiviSion/p-lat approval request from 47 the C. G. Rein Company on behalf of the Tires plus Company, 48 3800 Silver Lake Road recognizing that the request meets all 49 of the requi rements of the ordinance. 50 Motion carried 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 PAGE 3 5 6 6 . MISCELLANEOUS 7 8 A. Appoint Plannina commissioner to Environmental 9 Ouality/Recyclina 'Committee . 10 11 Urbia advised that the f irst meeting of this committee is 12 scheduled for November 19th . This will be an organizational 13 meeting and by-laws will be adopted and the 1993 meeting 14 schedule will be established . He noted that the purpose of the 15 committee will be to broaden the scope of environmental issues 16 beyond just recyclng matters to include water quality and 17 solid waste . This committee would also provide a forum for 18 resident input . 19 20 The Committee' s duties shall include but not be limited to: 21 22 1 . Reviewing development proposals for environmental 23 concerns and storm water quality. 24 25 2 . Study and make recommendations on solid waste management 26 and recycling. 27 3 . Providing input into the local watershed planning 00 process . 31 4 . Providing educational programs and information to the 32 public on environmental issues . 33 34 5 . Protection and enhancement of lakes and wetlands . 35 36 Chairperson Faust inquired if this commi'ttee would include the 37 Beautification Committee . Urbia responded that it evolved from 38 the Recycling Committee and will address smaller environmental 39 issues . He felt this committee will not be addressing issues 40 similar to those addressed by the Plann,ing Commission. 41 42 Urbia advised the committee will have nine members in addition 43 to Councilmember Enrooth, a member of the Planning Commission 44 and members of the staff . The committee will meet quarterly. 45 46 Commissioner Gondorchin observed there will be a great deal to 47 be done by this committee and he felt it was unlikely this 48 could be done when it meets only quarterly. 49 50 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 3 PAGE 4 4 5 6 Commissioner Franzese indicated her interest on serving on 7 this committee but is unable to attend the November 19th 8 meeting. She requested someone on the Planning Commission 9 attend this particular meeting and bring any information 10 gotten back to the next Planning Commission Meeting. She also 11 requested that the commissioner who attends this meeting 12 specify that his attendance is only a communication tool for 13 the Planning Commission. 14 15 Chairperson Faust indicated he felt he could deal more 16 effectively on the problems of the north end of town by not 17 serving on this committee. 18 19 The length of service will be one year for the volunteer from 20 the Planning Commission . Commissioner Gondorchin will attend 21 the meeting on November 19th. Commissioners Franzese and 22 Murphy stated their availability to be a "filler" on this 23 committee . 24 25 26 B. Redevelopment Plan - 3112 Silver Lake Road 27 28 The St . Anthony Housing and Redevelopment Authority is 29 requesting the Planning Commission to consider a redevelopment 30 plan for the substandard house and parcel l,ocated at 3112 31 Silver Lake Road . 32 33 Urbia advised that the goal of the HRA is to upgrade the 34 City' s housing stock and to retain control as to what is built 35 on any parcels acquired . This parcel may not be the best for 36 a test case he stated . It has a sixty-six foot frontage and 37 may require a variance . Many of the lots on this particular 38 block have similar frontages . 39 40 Urbia noted that a complete inventory of the City ' s housing 41 stock has not yet been done- and - the City Attorney has advised 42 against doing this at this time . 43 44 The owner has indicated an interest in selling this parcel . It 45 is assessed at $49, 000 and the asking price is the same. The 46 value placed on the lot is $25, 000 and Urbia felt it could be 47 sold for considerably more. 48 49 Chairperson Faust expressed a concern with the City being in 50 the business of buying and selling of property. He noted that 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 0 PAGE 5 5 6 the potential for the City to lose approximately $15, 000 with 7 this particular situation could be a problem. 8 9 A private developer has not been. selected for this specific 10 site. Urbia advised that staff has to develop standards and 11 criteria to be met by a developer. He noted t'hat in all 12 instances the staff will attempt to minimize the City' s 13 losses. 14 15 Commi.ssioner Franzese noted she has concern wi-th the standards 16 used to label a structure as "blight . " Commissioner Gondorchin 17 feels the house is definitely substandard and is supportive of 18 attempts to upgrade this property. He also noted that is a 19 rental property and will remain rental property if left in. its 20 present state. 21 22 Chairperson Faust questioned whether this property had been on .23 the market long enough to establish it as a problem. He 24 recalled where Advanced Designs had purchased property in the 25 City and built two very nice homes . There was no need for City 26 involvement with this firm. 27 Discussion continued regarding contacting -developers about potential building sites where substandard housing is 4#0 presently located . It was felt this may be more advisable to 31 try before the City actually gets involved with acquisitions 32 and demolitions . 33 34 Motion by Madden , second by Franzese that the ' Planning 35 Commission recommends to the St . Anthony HRA that the .36 acquistion of the substandard house and land at 31-12 Silver 37 take' Road be deferred until the market place has had an 38 opportunity to find if it is saleable , or saleable at a 39 reduced price, and if , at a later date, the St . Anthony HRA 40 finds out it is not saleable, to pursue acquisition, and the 41 City actually pursue a developer for the available property. 42 43 Motion carried unanimously 44 45 46 C. Concept Review Additional Frontaae Sian for 2808 47 Anthony L�Lne South 48 49 No backdround material was received regarding this matter 50 so it was removed from the agenda. 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 3 PAGE 6 4 5 6 D. Sion Ordinance - Consider Amoratization , other City 7 Attorney Findinas 8 9 The City Council adopted the revised sign ordinance at its 10 October 13 , 1992 meeting. At the time the Planning Commission 11 recommended revisions it was felt that some additional issues 12 needed further review. The two main issues for review were 13 amortization (removal of legal , non-conforming signs ) and 14 removal of illegal non-conforming signs . 15 16 Memos from the City Attorney regarding both of these issues 17 were included in the agenda packet . He gave a number of 18 opinions regarding amortization . He suggested citations be 19 issued for illegal non-conforming signs . 20 21 Chairperson Faust felt the first issue to be addressed by the 22 Planning Commission was the enforcement feature of sign 23 removal . He suggested that it should not be pursued further if 24 ordinances were not going to be inforced. He felt , this is the 25 case with some of the ordinances and regulations the City 26 presently has on the books . 27 28 Urbia suggested that a comprehensive sign ordinance should be 29 considered. 30 31 It was the opinion of the Chairperson that members of the 32 Planning Commission were displeased with the present lack of 33 enforcement of the Sign Ordinance . 34 35 Commissioner Murphy requested a point of clarification 36 regarding what the City Counci I wanted the Planning Commission 37 to act on regarding this matter. Urbia advised it was included 38 in the agenda for general discussion and recommendations on 39 the two aforementioned items . 40 41 Chairperson Faust inquired who would represent the City if the 42 Sign Ordinance was challenged in court . Urbia responded that 43 the City Attorney would represent the City in these matters . 44 The City Attorney had stated that amortization would be ill- 45 advised. 46 47 Commissioner Murphy felt amortization would be an effective 48 tool for enforcement , although he noted that present 49 ordinances are 'not being enforced. so 1 PLANNING COMMISSION MEETING NOVEMBER 17 , 1992 PAGE 7 5 6 Motion by Franzese, second by Madden to set aside this issue 7 and put back on the agenda when the Planning Commission can 8 meet with Bill Soth , the City Attorney. 9 10 11 Motion carried unanimoug_Ly 12 13 14 E. Proposed Planning Commission BY-Laws 15 16 The third draft of the proposed by-laws for the Planning 17 Commission were included in the agenda packet . 18 19 Commissioner Madden noted he was not present at the meeting 20 where the by-laws were first discussed . He inquired where the 21 need for the by-laws was initiated. 22 -laws be drafted by staff 23 Chairperson Faust had suggested by 24 and viewed them as providing some guidelines and. standard 25 operating procedures . 26 27 Commissioner Madden held the opinion that by-laws were not needed. He suggested rather than using "Chair" and "Vice Chair" in the by-laws that "Chairperson" would be more gender 30 correct . 31 32 The by-laws were reviewed line by line with the following 33 ,corrections, deletions and add.itions : 34 .35 Section 4 (A) Delete ( 3 ) and (4 ) and renumber ( 5) to ( 3) 36 37 Section 6 was changed to read as follows : '"Four members of 3.8 the commission shall constitute a quorum for the transaction 39 of' business . " 40 41 Section 9 should be included in Section 8 and all of the 42 following sections should be renumbered. 43 44 Section 11 ( 6 ) should r'ead . as follows : "Planning Commission 45 asks any questions it may have of the proponents, opponents, 46 or staff , and then takes action in accordance with Robert ' s 47 -Rules of order. " 48 49 Section 15 should be eliminated in its entirety. 50 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17, 1992 3 PAGE 8 4 5 6 Various comments made by the commissioners included seeing 7 term limitations as a non-issue, and favoring compensation for 8 members of the Commission . 9 10 The Chairperson requested the Management Assistant to mail 11 copi"es of the amended by-laws to all members of the Planning 12 Commission for their review. He suggested that if there are 13 any more changes members of the Commission want included they 14 notify Urbia. Urbia was requested to present the Amended by- 15 laws to the City Council at its December 7th Council meeting. 16 He also wanted this item on the December Planning Commission 17 meeting agenda. 19 20 F. Separation of Undersized Lots Hel-d in Sinale Ownership 21 22 The resident at 3127 Silver Lake Road approached the City 23 regarding separation of undersized lots held in single 24 ownership. Staff determined this would be a policy issue and 25 contacted the City Attorney to provide legal insight into the 26 issue. 27 28 The City Attorney advised by letter that the half-section maps 29 for the City should be reviewed to determine whether there 30 should be an ordinance change requiring single ownership or a -31 grandfathering provision. 32 33 Staff reviewed the half-section maps and determined there are 34 a significant number of old plats with very small lots. Staff 35 concluded it would be advisable to have an ordinance 36 prohibiting the separation of legally platted lots if the lots 37 do not conform to current zoning ordinances when separated. 38 39 Commissioner Franzese felt that some policies should be 40 formulated as to where the City wants to go with these types 41 of matters. 42 43 Motion by Franzese that this item be placed on the agenda when 44 the City Attorney, Bill Soth, will be in attendance. The 45 motion was withdrawn . 46 47 Chairperson Faust felt the Planning Commission was being 48 requested Jo -develop some kind of philosophy for the City 49 50 1 PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 0 PAGE 9 5 6 7 Attorney to comment on . Commissioner Franzese commented that 8 there are seminars which address substandard lots in inner 9 ring suburbs . She felt the City needed a well thought out 10 philosophy. 11 12 It was the consensus of the Planning Commission members that 13 information r'egarding how many lots presently exist in the 14 City which would qualify for this consideration be gotten 15 before any policy could be formulated. 16 17 The matter was tabled for additional information. 18 19 20 7 . STAFF UPDATE 21 22 A. Proi)osed Ordinance Chancies 23 24 The items contained in the memo from Urbia to the City Manager 25 addressed proposed ordinance changes as, discussed at the joint 26 meeting of the Planning Commission and the City Council . 27 Commissioner Madden noted that the items addressed in the memo did not take the form of recommendations to the City Council 40 from the Planning Commission . 31 32 Regarding the issue of attendance, Chairperson Faust felt the 33 original language should be put back into the ordinance. He 34 mentioned the issue of compensation for Commissioners to the 35 Mayor and to the staff . 36 37 Commissioner Werenicz inqu1ired if compensation was legal . 38 Co,mmissioner Gondorchin questioned whether this would be 39 compensation or a per diem. Urbia will research the matter but 40 noted that the Association of Metropolitan-Municipalities had 41 advised that no planning commission members in the 42 metropolitan area receive any compensation . 43 44 Commissioner Franzese felt work rendered by commissioners is 45 recognized by compensation but this is not being proposed for 46 next year ' s bud'get . She also felt the dollar amount mentioned 47 is not significant . . 48 49 Chairperson Faust felt compensation is appropriate. 50 Commissioner Werenicz does not support compensation. I PLANNING COMMISSION MEETING 2 NOVEMBER 17 , 1992 3 PAGE 10 4 5 6 Commissioner Murphy does not support compensation but recalled 7 that cable representatives di.d. receive basic service and two premium channels without cost . 9 10 Urbia will also look into reimbursement for mileage for 11 commissioners to attend seminars and travel within the City. 12 13 Commissioner Franzese felt the minutes should speak for 14 themselves and the Commission should take no action. 15 Commissionr Werenicz felt since the Commission members were 16 divided on the issue a vote should be taken . 17 18 Motion by Faust , second by Werenicz that the City Council 19 consider compensating Planning Commission members .. 20 21 Roll call : Thompson , Faust - aye 22 Werenicz, Murphy, Gondochin - nay 23 Franzese, Madden - abstain 24 25 Motion fails 26 27 B. Planning Commission Parkina Subcommittee 28 29 This item will be tabled until the December meeting of the 30 Planning Commission . 31 32 Commissioner Madden inquired when the results of the survey 33 will be completed . Urbia responded they will be ready by 34 March. 35 36 Chairperson Faust observed that a subcommittee would a.11ow for 37 non-public meetings to discuss t-h i s sensitive matter . 38 Commissioner Gondorchin felt definitions .of various types of 39 vehicles would be helpful for the subcommittee. Urbia will get 40 this information . 41 42 Urbia felt the subcommittee could probably start meeting in 43 January or February. Staff will gather some preliminary 44 information for the subcommittee. The Chairperson recommended 45 that staff contact the City of Edina regarding its 46 recreational vehicle policy. 47 48 Commissioner Madden stated his interest in being involved in 49 the process but felt an ordinance would be needed. He noted 50 that nearly all of those residents who attended previous 1 PLANNING C014MISSION MEETING 2 NOVEMBER 17 , 1992 PAGE 11 5 6 meetings where this topic was discussed were against any 7 ordinance which prohibited parking of this type of vehicle . 8 9 Commissioner Murphy requested a clarification regarding the 10 surveys . Urbia advised that the present survey addresses 11 community needs and another survey will be done in March . He 12 also suggested that a work session be held by the Planning 13 Commission to hammer out definitions . 14 15 Commissioner Gondochin noted he had participated in the phone 16 survey -and felt it was difficult to respond thoroughly with 17 this format . 18 19 Urbia advised the Planning Commission that the property owner 20 of the parcel located on the southeast corner of 37th Avenue 21 and Silver Lake Road is interested in building a six foot 22 fence along 37th Avenue. He inquired what position the 23 Commission members may have on this request . 24 25 It was noted that the house is for sale. Commissioner Thompson 26 felt the house should never have been built there but rather 27 a right hand turn lane should have been installed. Commissioner Madden suggested the hill should be cut down for visibility. The majority, of the Planning Commission members 00 were opposed to this fence being built . 31 32 Chairperson Faust acknowledged Rosemary Franzese' s election to 33 the Hennepin County Park Board and congratulated her. 34 35 8 . COMMISSIONER' S COMMENTS 36 37 C ommissioner Madden inquired as to the status of the CUB Food 38 Store project at Apache Plaza . Urbia responded that it is 39 moving along. 40 41 Commissioner Murphy requested current information regarding 42 the Athletic Sports Boosters offer for renovation of Central 43 Park . Commissioner Gondorchin advised that the School Board 44 will be receiving the funds and can make changes later. 45 46 Commissioner Murphy inquired as to the status - of the Housing 47 Maintenance Code. Urbia responded that it was passed and there 48 was only one problem, that being with the section on 49 composting. 50 1 PLANNING COMMISSION MEETING. 2 NOVEMBER 17 , 1992 3 PAGE 12 4 5 6 9 . ADJOURNMENT 7 8 Motion- by Madden , second by Murphy to adjourn the Planning 9 Commission Meeting at 10 : 45 p.m. 10 11 Motion carried unanimously 1.2 13 14 15 Respectfully submitted, 16 17 18 Jo-Anne Student , Planning Commission Secretary 19 20 21 �22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 STAFF REPORT DATE: December 8, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: COMPREHENSIVESIGN PLAN- 3813 STINSON BOULEVARD BACKGROUND The applicants,Mr. James Sarna and Mr. William Vogt, are submitting a comprehensive sign plan for a strip mail (7,500 to 75,000 square feet). The comprehensive sign plan consists of three elements: (1) wall signs, (2) replacement pylon sign, and (3) ground sign for a strip mall. Wall Signs: (No drawing provided). The same wall signs that currently are in place will remain. The current wall signs are nonilluminated, black lettering at a height of two feet. Replacement Pylon Sign: (Refer to Detail A). A variance was granted for size, number of signs, and ground clearance' height. The variance allowed a sign that is 208.7 square feet, has four price signs - a smaller gasoline brand sign - a strip mall identification sign, and six feet of ground clearance. The applicant proposes a Conoco sign type B6 that is 219.96 square feet, as the property is significantly setback and the need to advertise three grades of gasoline. Under the new sign ordinance, the number of price signs and price sign size is not a consideration (new total sign surface area allowed is 150 square feet). The new sign ordinance allows eight feet of ground clearance (the same requirement as traffic signs). The Conoco sign will have a red background with white lettering. The sign will be illuminated.. Ground Sign for a Strip Mall: (Refer to Detail B). The new sign ordinance allows a ground sign for strip malls with a total sign surface area of 150 square feet. The proposed sign area is 128+ square feet (including the upper triangle area). The ground sign will have a white or tan background with dark brown lettering. The sign will be illuminated. RECOMMENDATION Recommend approval of the Comprehensive Sign Plan to the City Council on the following condition: The replacement pylon sign shall not exceed 208.7 square feet, which most likely means that Conoco sign type B5 shall be used instead of the proposed Conoco sign type B6. DATE: 6 FEE .00 CITY OF ST. ANTHONY APPLICATION FOR COMPREHENSIVE SIGN PLAN APPLICANT: fA - PHONE: 7e?7- ADDRESS: '77/j Status of applicant (owner, renter, agent, etc.): e-9 w j Location of property where application is made: 3XI-7 Zoning district in which property is located: Commercial PLEASE: INCLUDE DETAILED PIAN(S)/DRAVVING(S). BACKGROUND: A comprehensive sign plan must be provided for the whole of a shopping center or strip mall. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of the Sign Ordinance may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of the Sign Ordinance and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission who will forward a recommendation to the Council on the appropriateness of the proposed plan. SIGNATURE OF APPLICANT: 12 -07 -92A 59'" AVE.. OUT ZCP 5E& MYAI* C.ANOPY 91zoposep Si&N SSG W-rAit-0. WIL ci L-L N , �7 5 1: I x. -Aw-ro -SITE. PLAN N SIGNAGE IDENTIFICATION 12' CAPSULE PRICE SIGN Ideal for facilities on main streets a four-panel flag-mount price sign panel wraparound type(136)holds and/or high volume locations, the is available. a ser-%ice message and three gas- 12'capsule price sign is avaiIable The models iflustrated below all ofine prices. in thr-ee-panel and four-panel, hold a service message in addition Four-panel signs may be ordered center-mount-wraparound models. to gasoline prices.'Me three-panel N%ith a diesel panel which replaces For rural or low volume locations (B5) sign holds a service message the bottom.gasobe panel. This that need a 12'capsule for visibUity, and two gasoline prices; the four- diesel panel is always green. ..... ........... Sign lype B6 4�-Panel Wraparound 12' - 010 T Lo 0 Qq.0 3,,r :3' 7'9" 81 One Face 109.98 sq.ft. *Diesel Option 4-87 5 STOP- SHOP PLAZA -n-SHOP STOP. ST ANTHONY INSURANCE SKIS HOMETIME VIM SARAS HALLMARK SUNLIGHT TAN JRS DRYCLEANING 4,-.eu.c..fy r,. STAFF REPORT DATE: December 7, 1992 TO: Planning Commission FROM: David Mark Urbia, Management Assistant ITEM: CONCEPT REVIEW --'LOT SPLIT TO BUILD SINGLE FAMILY HOME BACKGROUND The applicant requests a concept review for a lot split in order to build a single family home. A letter from the applicant and a drawing has been provided. In order for the idea to be realized,.three variances and a zoning change would be required. The issues to consider are as follows: (1) The entire lot is zoned R-2. The area proposed to have the single family home built upon would need a zoning change to R-1. (2) The existing duplex in the R-2 zone, if the lot were to be split, would have a lot area of 8,500 square feet (85' X 100') and a width of 100 feet. Section 1620.05, Subd. 2, R-2. Dimensional Requirements, Area and Width requires a corner lot to have an area of at least 14,000 square feet and at least 100 feet in width at the building setback line. (3) The proposed single family lot has a lot area of 6,500 square feet and a width of 65 feet. Section 1615.05, Subd. 2, R-1, Dimensional Requirements, Area and Width requires an interior lot to have an area of at least 9,000 square feet and at least 75 feet in width at the building setback line. DISCUSSION Is there hardship for the three variances? If this were to be allowed, would an appropriate or inappropriate precedent be established? December 4, 1992 To: Tom Burt, Manager St. Anthony Village From: Doug & Nancy Tanner 2206 St. Anthony Parkway Minneapolis, MN 55418 Owners of double bungalow located at: 2612/14 - 37th Avenue N.E. St. Anthony Village, MN 55421 Per our conversation of 12/4/92, 1 am submitting the following project for concept review: To build a single family home on the south 100 ft. by 65 ft. of existing property I own identified as District 94, Plat 63600, Parcel 3831. The enclosed plans reflect the positioning of the single family home that to my knowledge meets the building code offset with the exception that the total lot square footage is not within code. Cosmetically, I feel this house fits in very well with the neighborhood. If approved, this property would contribute to the tax structure of St. Anthony Village. It would be my intent to build on this sight a home for my youngest daughter who currently lives in the duplex at 2614 - 37th Avenue that I own. While I take great pride in the property at 2612/14 - 37th Avenue (i .e. , I just had it painted this year and have done extensive landscaping in the last 5 years), the lot is very large and requires considerable expense to keep it maintained. Through subdivision, the lots would still be very nice, however, they would be much easier to maintain. For the reasons stated above, I am respectfully submitting for your review the proposal to subdivide this parcel of land. Thank you for your consideration and time. Doug A Nancy Tanner 781-6393 (home) 635-5312 (work) ?fact Tk-,Ct I Descx;p�iom— The- EoA /00 4L-et a; Loi I; Tie Nor+h 2s.9 4�ei 94 66600 13b3i of ike 6%A 100*Ci .q LA 7-1 Block 31 (�.wdlcna. Aye. 50 BOdins 50 to 8! 62! vi to P-Posed Aj., in SN