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HomeMy WebLinkAboutPL PACKET 05211996 Meeting Sheet 111 11111 sill 1111 101459 BOX: 2O Folder: PL PACKETS 1996 Document: PL PACKET 05211996 a i f CITY OF ST. ANTHONY PLANNING COMMISSION WORK SESSION AGENDA May 21 , 1996 7:00 P.M. Room 9* I. HOUSING MAINTENANCE CODE; DISCUSSION. A. Review of City's Ordinance. 1 . Chapter One; General Provisions. 2. Chapter Twelve; Nuisances Defined and Regulated. 3. Chapter Thirteen, Section 1335; Housing Maintenance and Occupancy. B. Staff Report. 1 . Recent violation letters. 2. Reoccurring violations. ll. ST. ANTHONY COMPREHENSIVE PLAN UPDATE. III. OTHER BUSINESS. IV. ADJOURNMENT. PLEASE NOTE: THE PLANNING COMMISSION MEETING WILL BE IN ROOM 9. The April 16th Planning Commission minutes are included for your information, however, because this is a work session, the minutes will be approved at the next regular Planning Commission meeting. 1 CITY OF ST. ANTHONY 2 PLANNING COMMISSION MEETING MINUTES 3 APRIL 16, 1996 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order and the Pledge of Allegiance was led by Chair Bergstrom 6 at 7:01 p.m. 7 s II. ROLL CALL. 9 Commissioners present: Chair Bergstrom, Commissioners Delmonico, Franzese, 10 Gondorchin, Horst, and Thompson. 11 Commissioners absent: Commissioner Makowske 12 Also present: Kim Moore-Sykes, Management Assistant; Cathy Sorensen, 13 Recording Secretary. 14 III.. : APPROVAL OF THE APRIL 16, 1996, PLANNING COMMISSION AGENDA. 15 Motion by Thompson, seconded by Franzese,to approve the Planning Commission Agenda 16 for April 16, 1996, as presented. 17 18 Motion carried unanimously. 19 20 IV. APPROVAL OF MARCH 19, 1996, PLANNING COMMISSION MINUTES. 21 Page 6, Line 13, change "The decision was made to word the language as 'beverages, 22 including alcohol....' as part of the text." to "The decision was made to word the language as 23 'beverages, ....' as part of the text." (i.e., no change was made to the original text.) 24 Page 8, Line 20, change "Commissioner Franzese inquired of the status of the American 25 Monarch building." to "Commissioner Franzese inquired of the status of the potential 26 development east of the American Monarch building." 27 Correct the header on each page to March 19, 1996. 28 Motion by Franzese, seconded by Delmonico, to approve the Planning Commission minutes 29 of March 19, 1996, as corrected. 30 Planning Commission Regular Meeting Minutes April 16, 1996 Page 2 1 Motion carried unanimously. 2 V. DESIGNATION OF PLANNING COMMISSION REPRESENTATIVE. 3 4 Commissioner Gondorchin was appointed as the Planning Commission representative for the 5 Tuesday, April 23, 1996, City Councitmeeting. 6 VI. PUBLIC HEARING. 8 Variance Request - The Village Commons, Nedegaard Construction 9 Chair Bergstrom opened the public hearing at 7:07 p.m. Ms. Kim Moore-Sykes, 10 Management Assistant, made the following report to the Commission: 11 12 Bruce Nedegaard, President of Nedegaard Custom Homes, notified staff that the surveyor 13 had made an error and as a result determined that the hearth rooms of the twin home units 14 on Lots 8 and 10 could not be built because each unit extended nine feet into the rear yard 15 setbacks of the lots. In a letter submitted to Staff, Mr.Nedegaard explained that without the 16 hearth rooms for these units,he will be unable to sell them. The hearth rooms were designed 1 as additional living space with a fireplace and built in cabinetry. These features cannot be 18 incorporated into the floor plan without the inclusion of the hearth room. 19 The ordinance states that the rear setbacks for twin homes is to be 25 feet from the property 20 line. If the hearth rooms are built, they will be 16 feet from the property line. Lot 8 is 21 situated directly south of the Evergreen Townhomes complex and Lot 10 is southeast of the 22 Reid property. 23 Staff supports a recommendation of approval by the Planning Commission of the nine foot 24 variance requests for Lots 8 and 10. The Minnesota Statutes require that requests for 25 variances meet the following "undue hardship" criteria: 26 1. The property cannot be put to reasonable use. Mr. Nedegaard has stated in his letter 27 that if the request for the variances is denied, he will not be able to sell the units. 28 Since the replatting of the lots was approved based on a survey showing proper lot 29 lines and twin home footprints within setbacks, denial of the variance requests would 30 not allow the property to be put to its intended or reasonable use. 31 2. Circumstances causing the hardship were not created by the owner. Because the 32 request for the nine foot variances is based on an error apparently made by their 33 surveyor,the circumstances causing this situation were not created by Mr.Nedegaard. Planning Commission Regular Meeting Minutes April 1.6, 1996 Page 3 1 3. The variance will not alter the character of the locality. If granted, the variances will 2 not cause an alteration of the established residential character of the area. 3 Strict enforcement of the setback requirements would, therefore, cause undue hardship. 4 Chair Bergstrom closed the public hearing at 7:16 p.m. 5 Chair Bergstrom inquired if the original preliminary plat depicted 16 foot setbacks on the lot 6 lines. Ms. Moore-Sykes replied that the preliminary plat depicted 25 foot setbacks, and that 7 the hearth rooms were within the 25 foot setbacks. 8 Commissioner Franzese inquired if the Reids had been notified of this public hearing and if = 9 ' there were any comments. Ms. Moore-Sykes stated everyone within a 350 foot radius had 10 been notified and no one had contacted City Hall regarding this public hearing. 11 Bruce Nedegaard, President of Nedegaard Custom Homes, reviewed the-plat map with the 12 Planning Commission. Discussion was held on the intended location of the hearth rooms. 13 Commissioner Franzese inquired if the original blueprints showed the correct location of the 14 hearth rooms. Mr. Nedegaard stated the blueprints were correct, but the survey is not. He 15 stated the hearth room locations throughout the entire subdivision are incorrect, but that only 16 Lots 8 and 10 are not within the required setbacks. 17 Chair Bergstrom inquired if a new plat will have to be filed. Mr. Nedegaard replied he 18 would not have to file a new plat, as this affects the rear yard setbacks only. 19 Commissioner Gondorchin stated the criteria for reasonable use and circumstances created 20 by the owner could be argued. He stated that the units could indeed be used as originally 21 intended without the hearth rooms, and that even though the owner personally did not create 22 the hardship, an individual acting on the owner's behalf did. 23 Chair Bergstrom agreed with Commissioner Gondorchin's argument, but felt the Planning 24 Commission would not be setting a precedent nor negatively affect the community if the 25 variance was approved. 26 Commissioner Franzese disagreed with Commissioner Gondorchin's argument, and stated 27 unreasonable use is anything other than the original intended use, and that the owner 28 personally did not create the hardship. Planning Commission Regular Meeting Minutes April 16, 1996 Page 4 1 Motion by Franzese, seconded by Thompson, to approve the nine foot variance request for 2 the Village Commons, Nedegaard Construction, as presented, based on meeting the three 3 criteria for variances and that the neighbors voiced no concern. .. 4 5 Motion carried unanimously. 6 ~ 7 VII. PROPOSED CONDITIONAL PERMITTED USES CHANGES. 8 a. Draft of Memo to Council Regarding Recommendations 9 Chair Bergstrom reviewed the changes made at the last Planning Commission meeting and 10 asked if there were any other changes. He stated the memo will be forwarded to the City 11 Council for their review. 12 VIII. HOUSING MAINTENANCE/BEAUTIFICATION PLAN. 13 Chair Bergstrom reported to the Planning.Commission that one of the goals identified from 14 the City goal setting retreat was housing maintenance and beautification plan. He stated that 15 it was agreed upon that most of the individual resident housing problems reoccur with the 16 same individuals, and discussion was held on whether to create existing codes or to enforce 17 the current ones. Chair Bergstrom stated the City Council has assigned the Planning 18 Commission to review and make recommendations on a City-wide housing maintenance 19 program by June 1, 1996. 20 Commissioner Franzese stated that additional codes are put in the book, but that it takes City 21 interaction to see that they are enforced. 22 Chair Bergstrom suggested beginning with the quantity and type of complaints received by 23 the City on housing code violations. He stated the Planning Commission could review this 24 data and determine if the problems are widespread or if it is indeed the same individuals that 25 are not following the code. 26 Commissioner Delmonico inquired if there was any history of complaints available for 27 review. Ms. Moore-Sykes replied there was no data compiled, but that it does appear to be 28 the same individuals. She stated that complaints are received by either Judy Monson or 29 Larry Hamer, Public Works Director, and then letters are sent informing the resident 30 of the need for compliance with the code. 31 Chair Bergstrom inquired regarding the success of the current program. He stated that the 32 City's only course after notification is court proceedings, and the City is reluctant to do this. Planning Commission Regular Meeting Minutes April 16, 1996 Page 5 1 Commissioner Gondorchin agreed that the solution is not additional codes. He stated that 2 identifying the problems and individuals is the first step, and new codes could be added 3 during the process, if needed. He suggested lawn contests, volunteer house painting groups, 4 and City-backed low interest loans as methods that could be incorporated into the program. 5 Commissioner Horst agreed that more code enforcement is needed. He stated that the City 6 of Columbia Heights recently completed some housing clean-up through stricter code 7 enforcement. 8 Commissioner Franzese noted that the City of Fridley conducts a week-long clean-up every 9 fall. She suggested combining such an effort with block parties or other neighborhood 10 events. 11 Commissioner Delmonico inquired if there was any data available to review on code 12 compliance. Ms. Moore-Sykes stated she will compile the information and forward to the 13 Planning Commission for review at the May meeting. Commissioner Gondorchin suggested 14 incorporating examples of code violations into the report. 15 IX. DISCUSSION OF COMPREHENSIVE PLAN. 16 Chair Bergstrom stated the City is currently planning for the task of updating the 17 Comprehensive Plan. He stated 1997 budgeting is occurring now, and $5,000 per year has 18 been identified for the Comprehensive Plan. He noted that proposals will be solicited,for 19 professional planners, as the task is too great for the current staff. Ms. Moore-Sykes noted 20 the Comprehensive Plan update is due by 1998, but that preliminary building data will need 21 to be compiled. by July of 1997. 22 Commissioner Horst inquired if consultants will be included in the monthly Planning 23 Commission meetings. Chair Bergstrom replied consultants will attend the meetings as 24 needed, and that approximately $25,000 has been budgeted for this cost. 25 Chair Bergstrom noted that preliminary issue analysis will occur, with.five or six-issues 26 identified. Commissioner Horst noted that other issues will arise during this time. 27 Commissioner Horst inquired if there will be public involvement during the Comprehensive 28 Plan update process. Chair Bergstrom stated that neighborhood meetings will be held to 29 inform residents of land use changes, etc. 30 Chair Bergstrom presented a timeline of steps needed for the Comprehensive Plan Update. 31 He stated he will be meeting Mike Morrison, City Manager, to discuss the timeline. Planning Commission Regular-Meeting Minutes April 16, 1996 Page 6 _ 1 2 X. STAFF UPDATE. 3 Ms. Moore-Sykes inquired if the Planning Commission would like to reschedule-the May 4 Planning Commission meeting, as she will be on vacation from May 14 through May 22, 5 1996. The Planning.Commission decided to meet as scheduled. Ms. Moore-Sykes indicated 6 that the City Manager will be there in her stead. 7 Ms. Moore-Sykes indicated that extra meetings may be likely during the Comprehensive s Plan review. 9 Ms. Moore-Sykes stated the Volunteer Dinner is April 30, 1996, 6:30 p.m., at Donatelle's, 10 and to please contact the City Clerk to RSVP. 11 Ms. Moore-Sykes stated she attended a Metropolitan's Livable Communities Act workshop, 12 and is to have an action plan to the Met Council by June 30, 1996. She stated the goal is for 1.3 communities to be more flexible in land use planning, setbacks, and variances in order to 14 maintain density and keep housing affordable. 15 Chair Bergstrom inquired regarding St.Anthony's housing density. Ms.Moore-Sykes replied 16 that St. Anthony is less dense than most other cities included in the North Minneapolis 17 region. 18 Commissioner Delmonico inquired how the thresholds are established in comparison to 19 North Minneapolis. Ms. Moore-Sykes replied that benchmarks are set according to 1990 20 populations and demographics. She stated like areas are compared. 21 Commissioner Franzese stated that the City has larger lot sizes and more ramblers, so the 22 density is lower. She stated that with the changing infrastructure of townhomes, the density 23 should increase. 24 Ms. Moore-Sykes stated the life cycle and affordable housing is being addressed by the Met 25 Council. She stated that affordable housing is defined as housing costing between $115,000 26 to $120,000. 27 Commissioner Gondorchin verified that the entire_ seven-county metro area is included in this 28 study. 29 Congratulations were extended to Commissioner Horst on being nominated"Business of the 30 Year". Planning Commission Regular Meeting Minutes April 16, 1996 Page 7 _ 1 XI. COMMISSIONER COMMENTS. 2 Commissioner Gondorchin requested that the minutes of this meeting be faxed to him'in 3 order to review before the City Council meeting. 4 Commissioner Franzese stated she attended the Local Board of Review meeting, and noted 5 the low number of resident attendees. 6 Commissioner Franzese requested that Staff distribute an explanation of Torrens properties 7 and metes and bounds legal descriptions for the Planning Commission. 8 Commissioner Franzese noted that the City Attorney should be contacted regarding residents' 9 data privacy laws before being included in' a study on housing maintenance. Chair 10 Bergstrom stated that this was brought up at the goal setting meeting and would be 11 addressed. 12 Commissioner Franzese requested an update on Cub Foods and the new City Hall. 13 Ms. Moore-Sykes stated that closing for Cub Foods is scheduled for April 22, 1996. 14 Commissioner Horst verified that this date was changed from April 15, 1996. Ms. Moore- 15 Sykes stated the issue of TIF monies still needs to be concluded. Chair Bergstrom stated this 16 is an action item for the City Council. 17 Ms. Moore-Sykes stated Staff is being given progress reports every two weeks. She stated 18 the footings will be complete soon, and RFP's will be sent for telephone and data lines next 19 month. She stated occupancy is projected for January 1997. 20 Commissioner Franzese asked if the contractor running cable for Community Services could 21 be contracted to connect it for City Hall. Ms. Moore-Sykes stated this would be possible, but 22 RFP's are still needed and the contractor would have to submit a bid. 23 Commissioner Franzese noted that crows are becoming a nuisance in her neighborhood, and 24 inquired if the State allowed population control. Ms. Moore-Sykes will research this. 25 Commissioner Thompson stated he was at the City Hall site and noted how large it will be. 26 Congratulations were extended to Commissioner Thompson on the birth of his two 27 grandsons. Planning Commission Regular Meeting Minutes April 16, 1996 Page 8 1 Chair Bergstrom stated the New Brighton Chamber of Commerce business survey is a great 2 idea,,and would like it implemented in St. Anthony. Ms. Moore-Sykes stated that New 3 Brighton has offered to share the survey, and she will contact them. 4 5 IX. ADJOURNMENT. 6 Motion b Delmonico seconded b Franzese to adjourn the meeting at 8:15 .m. Y � Y � J g P 7 8 Motion carried unanimously. 9 lo Respectfully submitted, 11 Cathy Sorensen 12 TimeSaver Off Site Secretarial STAFF REPORT DATE: May 21, 1996 TO: Planning Commission Members FROM: Kim Moore-Sykes, Management Assistant ITEM: Housing Maintenance Code/Enforcement I. Complaints. I spoke with Judy about how complaints and violation letters are generated and sent. There are basically two instances that will initiate action regarding code violations. The City either receives a complaint from a resident and that complaint is given to Larry Hamer or Larry will see a violation when he is out doing his inspections. Judy then prepares the appropriate letter and mails it to the property owner. Attached is a copy of the form Larry uses when doing inspections. The violations on the form are those most often cited; he uses the last column for "miscellaneous" which is usually a combination of the other items. Currently, there is no process in place to monitor or track the violations cited. Larry personally verifies whether or not the violation has been corrected. Judy keeps a copy of the letters sent and compiles an end-of-the-year list for Council's information. The threshold for more serious action is apparently done on a case by case assessment of individual .situations. A copy of the most recent violation letters that were sent is also attached. I spoke to the New Brighton Planning Department regarding more drastic actions that can be taken. Jill said that they send letter with a deadline for bringing the property into compliance. Once that deadline is expired, they initiate actions that can ultimately lead to the City contracting for the clean-up of the property with that cost and any legal fees being put on the tax roll as a lien against that property. The lien remains there until paid or if the property is sold, the lien is paid upfront. 2. Proactive Measures for Compliance. The City of Fridley has a clean-up week in September and one of the clean-up activities is to gather volunteers to help those who need it to clean up their yard, garage, property etc. I spoke with Lisa, who is the Recycling Coordinator for the City and she said that they used a consultant to help organize this part of the clean-up week. She said that next year they won't as it was $20,000 for her services. It essentially entailed putting out public information in the form of brochures and flyers describing the event. They had many who wanted the help, but it was difficult to recruit volunteers. Lisa said they had alot of people who volunteered and found they were not capable of doing the physical labor involved. Many did not realized that helping someone is very labor intensive. She said that the success of this event can be attributed to the many volunteer hours put in by City employees who filled in when they were needed. She also said that picking up appliances at the curbside was very pop_ ular.. This event went on for two weeks and they mostly used City employees for this as well. .' ST. ANTHONY CITY CODE CHAPTER 1. GENERAL PROVISIONS Section 100 - CITY CODE 100.01 Title. This Code may be cited as the "St. Anthony City Code" and is sometimes referred to in the St. Anthony City Code as "this Code" or "the Code". Reference to the Code will be deemed to include amendments and additions to the Code. 100.02 Numbering System. Each section number of this Code consists of two parts separated by a decimal. The first digit refers to the chapter number. The digits preceding the decimal point indicate the section number. The digits following the decimal point indicate the subsection. Subdivisions are denominated as such. 100.03 Enactment of Ordinances. Ordinances and resolutions will be enacted and adopted according to the procedures of Minn. Stat., Chapter 412. All ordinances will be integrated into this Code as provided in Subsection 100.04. 100.04 Amendments and Additions. Ordinances proposing additions or amendments to the Code will be assigned appropriate Code numbers and will be incorporated into the Code as of their effective date. When an ordinance is integrated into the Code, there may be omitted from the ordinance the title, enacting clause, section numbers, definitions of terms identical to those contained in this Code, the clause indicating date of adoption, and validating signatures and dates. In integrating ordinances into the Code the Clerk, in cooperation with the City Attorney, may correct obvious grammatical, punctuation, and spelling errors and perform like actions to insure a uniform and accurate code of ordinances so long as the meaning of the ordinance is not altered. 100.05 Headings and Index. Chapter, section, subdivision and other titles are not considered part of the subject matter of this Code but are intended only for convenient reference. The indexing system is not a part of the subject matter of this Code but is intended only to facilitate access to Code sections. 100.06 Availability to the Public. Copies of the Code will be kept in the office of the Clerk for public inspection. Copies may be purchased for a reasonable charge as determined by the City Council. 100.07 Existing fights and Liabilities. The repeal of prior ordinances and the adoption of this Code are not to be construed in any manner to affect the rights and liabilities existing at the time of repeal and enactment of this Code. Insofar as 1-1 provisions in this Code are substantially the same as ordinances in existence at the time of its enactment, they will be considered as continuations and not as new enactments. Any act done, offense committed, right accruing, liability, penalty, forfeiture or punishment occurring, incurred or assessed prior to the effective date of this Code is not affected by the enactment of this Code. 100.08 Sever-ability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Code is held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision will not affect the validity or effectiveness of any other portions of this Code. 100.09 Penalties. Subd. 1. Petty Misdemeanors. Whenever an act or omission is declared in this Code to be a petty misdemeanor, any person violating the provision will, upon conviction, be subject to the penalties specified by state law for a petty misdemeanor. Subd. 2. Misdemeanors. In any case other than those in which a violation is expressly stated to be a petty misdemeanor in this Code, any person violating any provision of this Code, or any rule or regulation adopted under this Code will, upon conviction, be guilty of a misdemeanor. Subd. 3. Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense. Subd. 4. Costs of Prosecution. Upon conviction for any violation of this Code, the cost of prosecution may be added to any fine. Subd. 5. Application to City Personnel. The failure of any officer or employee of the City to perform any official duty imposed by this Code will not subject the officer or employee to the penalty imposed for violation unless a penalty is specifically provided for such failure. Subd. 6. Revocation of Licenses. Violation by a licensee of any provision of this Code or State law, regulating, prescribing conditions or establishing requirements relative to licenses held by such a licensee will be grounds for revocation of the license. Subd. 7. Additional Remedies. In addition to any penalties levied, the City may institute any appropriate legal action or proceedings to enjoin or prohibit any violation of this Section and to prevent any act, conduct, business or use which is illegal under this Code. In any such action or proceeding, the City 1-2 CHAPTER 12. NUISANCES DEFINED AND REGULATED Section 1200 - NUISANCE DEFINITIONS 1200.01 Definitions. For the purpose of this Section, the following terms will have the following meanings: Subd. 1. Authorized Private Receptacle. A refuse or litter storage and collection receptacle with suitable handles and a tight fitting cover, which is maintained, cleaned and kept in a state of repair and which will prevent leakage. Subd. 2. Garbage. Putrescible animal and vegetable wastes resulting from handling, preparation, cooking or consumption of food. Subd. 3. Park. A playground, beach, recreation area or any other public area owned or used by the City for open space or recreation. Subd. 4. Private Property. All property in the City other than public property, whether inhabited or vacant, including any yard, grounds, walk, driveway, porch, garage, steps, vestibule or mailbox belonging or appurtenant to such property. Subd. 5. Public Property. Any park, public street, right-of-way, sidewalk, easement, boulevard, alley or other grounds or buildings, owned, leased or controlled by the City, the counties of Hennepin or Ramsey, or any other governmental body or political subdivision. Subd. 6. Refuse or Litter. Matter that is, should be, or has been, rejected as useless and fit only to be thrown out or away, including but not limited to garbage, rubbish, and other waste material such as soil, sand, day, gravel, loam, brick, plaster, ashes, wood, leaves, dead trees or branches, manure, chips, shavings, printed matter, paper, pasteboard, grass clippings, rags, straw, cans and bottles. Subd. 7. Communicable Disease.. An illness due to a specific infectious agent or toxic product which arises through transmission of that'agent or product to a susceptible host, either directly, through an intermediate plant or animal host, vector or inanimate environment. Subd. 8. Vehicle. Every device in, upon, or by which any person or property may be transported or drawn upon a street, highway or tracks. 12-1 1200.02 Public Nuisances. A person who intentionally does any of the following by action or failure to perform a legal duty is guilty of maintaining a public nuisance: (a) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of a significant number of the public. (b) Offends public decency. (c) Renders the public insecure in life, safety or use of property. 1200.03 Public Nuisances Declared. The following are declared to be public nuisances: Subd. 1. Garbage. Garbage not contained within an authorized private receptacle. Subd. 2. Diseased Animals. All diseased animals running at large. Subd. 3. Ponds or Pools. All ponds or pools of stagnant water. Subd. 4. Carcasses. Carcasses of animals not buried or destroyed within 24 hours after death. Subd. 5. Refuse. Accumulations of refuse contrary to the provisions of Subsection 1200.04. Subd. 6. Outhouses. Toilets not connected to the public sanitary sewer system. Subd. 7. Garbage Cans. Garbage cans or receptacles which are not rodent free or which may otherwise constitute a health hazard or emit foul or disagreeable odors. Subd. 8. Water Pollution. Pollution of any public well or body of water by sewage, industrial waste, refuse or other substances. Subd. 9.' Weeds and Vegetation. All noxious weeds and other rank growths of vegetation upon public or private property. Subd. 10. Smoke, Fumes, Gas, and Soot. Dense smoke, noxious fumes, gas or soot. 12-2 Subd. 11. Communicable Disease. Public exposure of a communicable disease. Subd. 12. Trees. Dead and terminally diseased trees and dead tree limbs. 1200.04 Refuse Control. Refuse on private premises must be controlled as follows: Subd. 1. Garbage. Garbage and refuse must be kept in authorized private receptacles. Subd. 2. Removal of Refuse. It is the duty of every tenant, lessee, owner, and occupant of private premises on which refuse accumulates, including that kept in authorized private receptacles, to at least once a week deposit the refuse with a refuse collection service licensed by the City or in an approved landfill. Subd. 3. Accumulation of Refuse. No person may accumulate or permit to accumulate any refuse which may be offensive to other persons by reason of appearance, odor, sanitation, or possible littering of neighboring properties, or which may constitute a fire hazard. Subd. 4. Hauling Refuse. All-persons hauling or conveying refuse for hire must haul the refuse in suitable vehicles provided with end and sideboards of sufficient height to prevent any part of the load from falling or leaking onto any public street or alley. Vehicles must at all times, except when loading or unloading, be kept covered so as to prevent the discharge of materials from the vehicles. Subd. 5. Dumping Ground Prohibited. It is unlawful for any person to use or maintain land in the City as a landfill or dumping ground for refuse, or to permit it to be so used or maintained, without an appropriate permit from the City. Subd. 6. Licenses Required. No person may engage in.the business of refuse. collection in the City without a license from the City to do so. 1200.06 Litter Control. Litter will be controlled as follows: Subd. 1. Public Property. No person may throw or deposit litter in or upon any street, sidewalk or other public property except in public receptacles or authorized private receptacles for collection. Where public receptacles are not provided, all litter must be carried away from the public property by the person responsible for its presence. 12-3 Subd. 2. Receptacles. Persons placing litter in public receptacles or in authorized private receptacles must do so in a manner as to prevent it from being carried or deposited by the elements upon any public or private property. Subd. 3. Streets, Sidewalks and Gutters. No person may sweep or deposit litter from private premises to any gutter, street or other public property. Persons owning or occupying private premises must keep the sidewalk in front of their premises free of litter. Subd. 4. Truck Loads. No person may drive or move any truck or other vehicle within the City unless it is equipped with covers or is so constructed or loaded as to prevent any contents or litter from being blown or deposited upon any public or private property. No person may drive or move any truck or other vehicle within the City if the wheels or tires of the vehicle deposit mud, dirt, litter or foreign matter on City streets or alleys. Subd. 5. Lakes and Fountains. No person may throw or deposit litter in any fountain or body of water in the City. Subd. 6. Posting Notices Prohibited. No person may post or affix any notice, poster or sign to any street sign, lamppost, tree, public structure or building, except as authorized by law. Subd. 7. Private Premises. The owner or person in control of private premises must maintain on the premises authorized private receptacles in a manner so that litter will be prevented from being carried or deposited by the elements to any public property, and so as to prevent litter from becoming a nuisance. Subd. 8. Advertising. No person may advertise goods or services with flyers, leaflets or other items which may be carried by the elements to public or private property, or which are likely to be discarded by other persons on public or private property. Section 1205 - ANIMAL CONTROL 1205.01 Destruction of Domesticated Animals Prohibited. No person may kill or destroy any dog, cat or other domesticated animal found running at large within the City, except as authorized under this Section 1205. 1205.02 Vicious and Diseased Animals. No person may keep on their premises, or on premises occupied by them, nor permit to run at large in the City, any dog or other domesticated animal of a ferocious or vicious character, habit or disposition. 12-4 Any animal which is diseased, vicious, dangerous, rabid or exposed to rabies may be impounded. If the animal cannot be impounded without serious risk to the person attempting to impound the animal, it may be killed immediately by a police officer or other person designated by the Manager. 1205.03 Running at Large Prohibited. No owner or keeper of any dog, cat or_other domesticated animal may permit the animal to be at large and must at all times keep the animal under physical restraint. An animal is deemed "at large" whenever it is off the property of the owner or keeper and not under physical restraint. 1205.04 Droppings. It is the responsibility of the owner, keeper or other person in control of an animal to clean up any droppings of the animal and to dispose of the droppings in a sanitary manner. 1205.05 Impounding. Police officers or others designated by the Manager will enforce the provisions of this Section, and will impound animals kept or running at large contrary to this Section. 1205.06 Reclaiming Animals. Subd. 1. Notice. When an animal is impounded, the keeper of the pound will provide the police with a description of the animal impounded within 24 hours of-the impoundment. The keeper must make a reasonable effort to determine whether a license for the animal has been issued by the City or any adjoining city, and to ascertain the name and address of the person to whom the license was issued. If the license was issued during the current license year or during the preceding license year, then before the animal may be disposed of, by sale or otherwise, the keeper of the pound must give notice to the license holder not less than 24 hours before any disposal of the animal. If the license holder gives notice to the keeper of an intent to reclaim the animal, the animal must be kept available for reclaiming for 24 hours after receipt of that notice. Subd. 2. Payment of Fees. The City may employ or contract with a person or organization for capturing and impounding animals not properly licensed, collared and tagged, and all other domesticated animals kept in violation of this Section. All animals impounded will be kept with kind treatment and sufficient food and water for their comfort for at least five regular business days, unless sooner reclaimed by their owners. A dog or other domesticated animal may be reclaimed upon payment by the license holder or owner of the impounding fee set forth in Section 600, plus the pound fee and cost of the food and care at the rates established between the pound and the City, plus any medical costs reasonably incurred while the animal was impounded. For 12-5 each subsequent violation for the same animal, the impounding fee will be double the amount of the previous impounding fee. If an animal which is required to be licensed is unlicensed, the regular license fee must be paid in addition to the foregoing amounts. 1205.07 Ouarantine. If a dog or other animal within the City bites any person or is reported as diseased, the police must, in the case of a bite, and may in all other cases, require that the animal be impounded at the designated pound for observation for sufficient time to determine whether it is diseased. The animal may not be killed or reclaimed and returned to the owner until ordered by the police. Any animal impounded for having bitten a person, which is subsequently released by the police, may be reclaimed by its owner upon payment of the impounding fee, cost of food and care, and any medical costs incurred while impounded. 1205.08 Disposition of Animals. At the expiration of at least seven full calendar days including five full regular business days from the time any animal is impounded, except in the case an animal ordered held in quarantine for a longer period by the police, if the animal has not been reclaimed and the fees paid under Subsection 1205.06, Subd. 2, the keeper of the pound may cause the animal to be humanely killed. Alternatively, the keeper may sell the animal, as abandoned and unclaimed by the owner, to any person upon payment of a sum of money not less than the license fee and not more than the amount the owner would have to pay to reclaim the dog. Notwithstanding the five-day limitation, if an animal has not been disposed of, it may be reclaimed upon payment of the amounts provided for in Subsection 1205.06, Subd. 2. For purposes of Subsections 1205.08 and 1205.06, "regular business day" means a day on which the establishment having custody of an animal is open to the public for not less than four consecutive hours between the hours of 8:00 a.m. and 7:00 p.m. 1205.09 Accounting of Animals. The keeper of the place of impounding must keep an accurate account of all animals impounded, and of all animals killed, sold or released, together with a record of all moneys received and costs expended. Such information will be reported at regular intervals to the City as required by the City. Section 1210 - ANIMALS PROHIBITED AS NUISANCES 1210.01 Certain Animals Declared Nuisances. Subd. 1. Animals Described. No person may keep or allow to be kept within the City any animal or bird which unreasonably disturbs the peace and quiet of any other person by making noise. No person may keep a dog or other animal which habitually barks or cries for extended or unreasonable periods of time, and any such animal is declared to be a public nuisance. Any female dog in heat and at large or kept on premises to which other dogs have free 12-6 access is deemed a public nuisance. Any animal which damages plantings or structures or deposits fecal matter on private property, after the person owning or harboring the animal has been notified of such acts as herein provided, is declared to be a nuisance. Subd. 2. Enforcement. Any person aggrieved by an animal nuisance may make a written complaint to the Police Department, stating the acts complained of, the name and address of the person owning the animal, and the name and address of the person making the complaint. The Police Department will then promptly notify the person owning the animal of the complaint and order the animal nuisance to be abated within a reasonable period of time. If the animal nuisance is not abated within the time period given, a charge may be made against its owner or keeper under the provisions of this Code. 1210.02 Keeping of Certain Animals. No person may keep swine, cattle, horses, goats, or more than two dogs or fowl, within the City nearer than 500 feet to any human habitation or platted land, without approval of the Council. The Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. 1210.03 Interference with City Personnel. No person may in any manner molest, hinder or interfere with any person employed by the City to capture and impound dogs or other animals while the person is within the course and scope of employment. Section 1215 - DUTCH ELM AND OTHER TREE DISEASES 1215.01 Declaration of Policy. The Council has determined that: (a) the health of various trees within the City is threatened by a variety of diseases; (b) elm trees are threatened by a disease known as Dutch elm disease; (c) oak trees are threatened by a disease known as oak wilt; (d) a substantial loss of elm trees, oak trees and other trees would significantly depreciate the value of property within the City and impair the safety, order, general welfare and convenience of the public; and (e) the Council should attempt to control and prevent the spread of Dutch elm disease, oak wilt, and other diseases which might affect trees in the City. .This Section is adopted for that purpose. 1215.02 Regulations Adopted by Reference. Sections 1505.0010 through 1505.0380 of the Minnesota Rules, Shade Tree Disease Program, as amended, are adopted by reference and made a part of-this Section, except as otherwise provided in this Section. A copy of the rules is on file in the Clerk's office. 12-7 1215.03 Duties of Manager. The Manager is responsible for conducting a program for the control of diseases which might reasonably become a threat to trees within the City. The Manager may act upon recommendation of private specialists and consultants and the State of Minnesota Commissioner of Agriculture. The Manager may also act as coordinator between the Commissioner of Agriculture and the Council with respect to any specific programs placed in operation or recommended by the Commissioner of Agriculture. _. 1215.04 Nuisances Declared. The following are public nuisances: (a) Any living or standing elm tree or part thereof infected with Dutch elm disease or which harbors the elm bark beetles causing the disease. (b) Stockpiling of bark bearing elm wood is permitted during the period from September 15 through April 1. Any such wood not used by April 1 must be removed and disposed of as provided in this Section. (c) Any living or standing oak tree or part thereof infected to any degree with Oak wilt disease. (d) Any living or standing tree infected with a disease recognized by the Commissioner of Agriculture as likely to be fatal and communicable to other trees. 1215.05 Abatement. It is unlawful for any person to permit any of the nuisances referred to in this Section to remain on any premises owned or controlled by the person. Any such nuisance may be abated in the manner provided in this Section. 1215.06 Inspection and Diagnosis. Subd. 1. Inspection. The Manager or the Manager's designee will inspect property within the City as often as practicable to determine whether nuisances described in this Section exist. The Manager will investigate reported incidents of infestation by Dutch elm fungus or elm bark beetles and incidents of oak wilt. Subd. 2. Diagnosis. Upon finding tree disease conditions, the Manager may send specimens to the Commissioner of Agriculture for analysis, or take other steps for diagnosis as the Manager deems necessary or as may be recommended by the Commissioner. No action to remove infected trees or wood may be taken until a reasonably positive diagnosis of the disease has been made. After diagnosis, the Manager will adopt a program of appropriate abatement procedures. The program will be carried out in accordance with 12-8 current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Subd. 3. Abatement Plan. The Manager will provide for abatement of diseased trees on public property. In,the case of diseased trees on private property, the Manager will notify the owner by mail. The notice will specify a date (not less than 15 days after mailing of the notice) by which the abatement procedures must be completed by the owner, and will specify the abatement procedures. If the owner does not comply with the notice, the City may complete the abatement procedures and costs will be assessed against the property under Minn. Stat. §429.101, and the owner will be subject to prosecution. 1215.07 Transporting Elm Wood. It is unlawful for any person to transport bark-bearing elm wood in the City without a permit from the Manager. 1215.08 Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Manager or the manager's designees while they are engaged in their duties under this Section. Section 1220 - RODENTS 1220.01 Definitions. Subd. 1. Rodents. For purposes of this Section, the term "rodents" includes rats, mice and similar vermin. Subd. 2. Harborage. Means any physical condition or place which may provide shelter or protection for rodents and favor their existence or reproduction. 1220.02 Nuisance. Rodents and harborages are declared a public nuisance, and will be removed or exterminated in accordance with this Section. 1220.03 Rodent Food. It is unlawful to place, leave, dump, or allow to accumulate any animal, fruit'or vegetable matter, garbage, rubbish or trash which may provide food or harborage for rats. Such materials must be stored in rodent-proof containers with tight fitting doors or covers. 1220.04 Harborages. It is unlawful to accumulate or store building materials, boxes, cartons or other containers, machinery, scrap metal, junk, raw materials, fabricated goods or similar items in a manner as to become a rodent harborage. Upon notice by the City, the owner of property on which a rodent harborage is located must exterminate the rodents and remove the harborage. If the owner cannot be found, a 12-9 written notice may be posted upon the premises. If the owner fails to comply with a mailed or posted notice within three days, the City may take all actions necessary to abate the nuisance. 1220.05 Costs of Abatement. All costs and expenses incurred in abating a nuisance referred to in this Section will be reported to the Council. The Council may then .adopt an assessment roll levying a special assessment for the costs of abating the nuisance upon the premises involved. The assessment role will be transmitted to the County Auditor and will be included in the next tax levy upon the premises. 12-10 (d) That part of the Northwest 1/4 of Section 7, Township 29, Range 23, described as follows: Beginning at the point of intersection of a line drawn parallel with and 1079.8 feet North of the South line of said Northwest 1/4 with the original Northwesterly line of the County Road, said Northwesterly line being 33 feet Northwesterly of, measured at right angles to the centerline of said road (now known as County Highway No. 33); thence Southwesterly along the original Northwesterly line of said County Road, 300 feet; thence at right angles Northwesterly to an intersection with said line drawn parallel with and 1079.8 feet North of the South line of said Northwest 1/4; thence Easterly along said line so drawn to the point of beginning. Subd. 2. Exceptions. The Council may approve the issuance of a building permit where all of the following conditions are met: (a) The permit is not for a new building or the addition of space to an existing building. (b) The permit is for the repair, refurbishing, upgrading or other improvement of the property. (c) There is no change or proposed change in the use of the property. Section 1335 — HOUSING MAINTENANCE AND OCCUPANCY 1335.01 Purpose. The purpose of this Section 1335 to protect the public health, safety, and general welfare. These general objectives include, among others, the following: (a) Protect the character and stability of residential areas within the City. (b) Correct and prevent housing conditions likely to adversely affect the well-being of persons occupying dwellings within the City. (c) Provide minimum standards for cooling, heating, sanitary equipment, light and ventilation. (d) Prevent the overcrowding, slums and blight, and preserve the value of land and buildings. It is not the intention of the City to intrude upon the contractual relationship between tenant and landlord, to intervene as an advocate of either party, to act as an arbiter, or to deal with complaints covered by this Section 1335.. 13-15 1335.02 A112licability. Every building and its premises used in whole or in part as a home or residence or as a residential accessory structure. If a provision of this Section is in conflict with state codes, the state codes will govern. 1335.03 Definitions. The following terms will have the following meanings in this Section 1335. Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not authorized to be used for living or sleeping by human occupants. Subd. 2. Apartment Building. A structure designed to accommodate three or more dwelling units. . Subd. 3. Compliance Official: The City Manager and designated agents' authorized to administer and enforce this Section 1335. Subd. 4. Composting. Accumulation of yard waste to be decomposed. Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1- family dwellings, 2-family dwellings, apartment buildings and rooming units, but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally , attached, It will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbage_. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. 13-16 Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation; required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby an d recreation areas in parts of the structure below ground level or in attics . Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The.owner or agent who has charge, care, control, or management of a building,'or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1335 to the same extent as the owner. Subd. 17. Permissible OccupanW The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 18. Person. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish 13-17 Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease. Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. . Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter. Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping,,but not for cooking and eating purposes. Subd. 26. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 27. Supplied. Paid, furnished or provided by, or under the control of, 'an owner or operator. Subd. 28. Interpretation. Whenever the words "dwelling", "dwelling unit", "premises, or 'structure" are used in this Section 1335, they will be deemed to be followed by the words "or any part thereof'. Section 1335.04 Responsibilities of Owners and Occupants. No owner or other person may occupy or let to another person any dwelling, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable requirements of the City Code and state and federal laws and regulations. Section 1335.05 Shared Areas. Every owner of a dwelling containing two or more dwelling units must maintain the shared or public areas of the dwelling and . premises in a clean and sanitary condition. Section 1335.06 Occupied Areas. Every occupant must maintain those portions of the dwelling and premises he or she occupies in a clean and sanitary condition.- . Section 1335.07 Refuse and Recyclables. Every occupant must store and dispose of or recycle all refuse any recyclables in a clean, sanitary and safe manner as prescribed by City ordinances. Every owner of an apartment building must supply facilities for the sanitary and safe storage and/or disposal or recycling or refuse and recyclables. The storage of refuse and recyclable collection items may not be kept in the front yard setback. Section 1335.08 Storage of Wood. Wood used for fireplaces must be stacked in a location other than the front yard setback. 13-18 Section 1335.09 Storm and Screen Doors and Windows. The owner of a rental unit is responsible for providing and hanging all screens and storm doors and storm windows required under. Section 1335. Section 1335.10 Responsibility for Pest Extermination. Every occupant of a single- family dwelling is responsible for the extermination of vermin infestations and/or rodents on the premises. Other dwelling occupants are responsible for such extermination if their unit is the only one infested. If infestation is caused by the failure of the owner to maintain a dwelling in a rodent-proof condition, extermination is the responsibility of the owner. If infestation exists in two or more units in one dwelling, or in the shared or public parts of a dwelling, extermination is the responsibility or the owner. Section 1335.11 Rodent Harborages. No occupant may accumulate boxes, lumber, scrap metal or other materials which may provide a rodent harborage or provide food for rodents. Section 1335.12 Minimum Heating. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, the supply must be zoned controlled and at a temperature of at least 68 degrees Tahrenheit or such lesser temperature required by government authority, maintained at a distance of three feet above the floor and three feet from exterior walls in all habitable rooms, bathrooms, and toilet rooms. Section 1335.13 Removal of Snow'and Ice. The owner of an apartment building is responsible for the removal of snow and ice from parking lots, driveways, steps and walkways on the premises. Individual snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches, must be removed from parking lots and driveways within 24 hours after cessation of the snowfall. Individual snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch, must be removed from steps and walkways within 16 hours after cessation of the snowfall. Section 1335.14 Drives, Parkin. The owner of an apartment building must provide and maintain effective illumination in all exterior parking lots and walkways, parking areas and driveways. Section 1335.15 Basic Equipment and Facilities. No person may occupy, or let to another for occupancy, any dwelling or dwelling unit which does not comply with . all of the following. 13-19 Subd. 1. Kitchen Facilities. A room or portion of a room in which food may be prepared and/or cooked and which has adequate circulation area and is equipped with the following: (a) A kitchen sink in good working condition and properly connected to an approved water supply.system, which provides an adequate amount of heated and unheated running water under pressure, and which is connected to an approved sanitary sewer system. (b) Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not require refrigeration, and a counter or table for food preparation, of sound construction, with surfaces that are easily cleanable and will not impart any toxic or deleterious effect to food. (c) A stove and refrigerator properly installed for safe, sanitary and efficient operation to be provided by the owner and occupant. Subd. 2. Toilet Facilities. A separate room equipped with a flush toilet in good working condition, with easily cleanable surfaces, connected to an approved and adequate water system and connected to an approved sewer system. In a rental dwelling unit, such room must have an entrance door which affords privacy. Subd 3. Lavatoz:y Sink. A lavatory sink, either in the same room as the toilet or in close proximity to the door leading directly into the toilet room, connected to an approved water supply system and providing an adequate amount of heated and unheated running water under pressure, and connected to an approved sewer system. Subd. 4. Bathtub or Shower. A nonhabitable room equipped with a bathtub or shower in good working condition, connected to an approved water supply system and providing adequate heated and unheated water under pressure,, and connected to an approved sewer system. In a rental dwelling unit, the room must have an entrance door which affords privacy. Subd. 5. Stairways, Porches and Balconies. Stairways, inside or outside, kept in safe condition, sound repair and in compliance with the Uniform Building Code Every flight of stairs and every porch and balcony floor must be free_of deterioration. Every handrail and balustrade must be firmly fastened and maintained in good condition. Except for spiral and winding stairways, the treads and risers of every flight of stairs must be uniform in width and height. Subd. 6. Access. Access without passing through any other dwelling unit. . 13-20 Subd. 7.. Locks and Security. Exterior doors shall be equipped with safe, functioning locking devices. Apartment buildings must also include rental unit doors with dead-locking bolt that cannot be retracted by end pressure, openable from the inside without the use of a key or any special knowledge or effect. Subd. 8. Sump Pumps. Sump pumps which are not connected to the sanitary sewer. Prior to the closing of the sale of a dwelling, the seller must request that the sump pumps and drain tile be inspected by the City visually and/or by smoking to ensure that they are not connected in any manner to the sanitary sewer system. If the Compliance Officer determines the sump pump or drain tile is connected to the sanitary sewer system, the situation must be corrected before the dwelling unit is considered in compliance to be sold. Subd. 9. Manual and Automatic Check Valves. Check valves if necessary to prevent sewer back-flow. Prior to the closing of the sale of a dwelling, the seller shall request that a sanitary sewer line to the main street line be inspected for manual and automatic check valves. If the Compliance Officer determines that both manual and automatic check valves are necessary to prevent bach-flow, the situation must be corrected before the dwelling is considered in compliance to be sold. Subd. 10. Fire Safety Equipment. Fire safety equipment, such as fire extinguishers, smoke alarms and other equipment, as required by State Fire Code. Section 1335.15 Light and Ventilation. No person may occupy, or let to another for occupancy, any dwelling or dwelling unit, which does not comply with the following. Subd. 1. Habitable Room Ventilation. Except where other ventilation approved by the Compliance Official is provided, every Habitable room must have at least one window facing directly outdoors which can be opened easily, must comply with minimum standards in the Uniform Building Code. Subd. 2. Nonhabitable Room Ventilation. Every bathroom, toilet room, laundry room and utility room must contain at least 50% of the ventilation requirement for habitable rooms. 13-21 Subd. 3. Electric Service Outlets and Fixtures. p must be supplied with electric service ublic and co devices, and electric outlets and fixtures functionin moron areas g over current protection good and sate working • properly installed, maintained in g condition, and connected to a source of electric ower, all in a manner prescribed by the City Code, the laws Minnesota, and current State Electrical Codes. of the State of p Subd. 4. Minimal Thermal Standards. Heatin maintained in safe and good working g facilities ro erl adequately heating all habitable rooms, bathrooms,� capable of safely �dstalled, temperature of at least 68 degrees Fahrenheit at a distance toilet rooms to a floor level and three feet from exterior Halls at an o degrees Fahrenheit. Gas f electric appliance three feet above outside temperature ki g or water heating PIi�Ce designed primarily for cooking portable heating Purposes will not be considered as heating facilities, and that is not vented Outside the prohibited. A space heater employing flame structure In an approved manner is prohibited. Occupancy General Re uirements. No person y dwelling or dwelling unit which does of comply Occupy or let to another for Subd. 1. Foundations Exterior Walls a p Y with the following: walls and exterior roof must be substantially water The foundation, exterior vermin and rodents and in sound condition and r tight and protected against adequately support the building at all points. an repair. The foundation must of deterioration/ holes, breaks, loose or rotting ery exterior wall must be free other condition which might admit rain or amoness or timbers, and any of the walls or to the exterior spaces of the dampness to the interior portion and have no defects which admit rain an dwelling. The roof must be tight prevent rain water from causing dam' d roof drainage must be adequate to surfaces, other than decay resistant Woods/ 1n the walls. All exterior wood ~ elements and decay b / must be protected from the Y y paint or other protective covering or treatment, and ainting is required if 25% or more of the exterior determined by the Compliance Official to be paint surface is unpainted or the exterior surface of the painting of any p uit blistered. If 25% or more _ has fallen out, the surface must be repaired.brick, block or stone wall is loose o r r 13-22 Subd. 2. Windows, Doors and Screens. Every window, exterior door, and hatchway must be substantially tight and in sound condition and repair. Every window, other than a fixed window or storm window, must be capable of being easily opened. Every window, door and frame must be constructed .and maintained m such relation to the adjacent wall construction as to completely exclude rain/ wind, vermin and rodents from entering the building. Every openable window or other device must be supplied with mesh screens during the insect season of a mesh size provided for in the Uniform Building Code. Subd. 3. Floors, interior Walls and Ceilings. Every floor, interior wall, and ceiling must be adequately protected against the passage and harborage of vermin and rodents, and kept in sound condition and good repair. Every floor must be free of loose/ warped, protruding or rotted flooring materials. Every interior wall and ceiling must be free of holes and large cracks and loose plaster and must be maintained in a tight, weatherproof condition. Toxic paint and materials with a lasting toxic effect may not be used. Every toilet room and bathroom floor must be capable of being easily maintained in a clean and sanitary condition. Subd. 4. Rodent Proof. Every dwelling and accessory structure and the premises upon which located must be maintained in a rodent-free and rodent-proof condition, with all openings in the exterior walls, foundations, basements, ground or first floors, and roofs which have a 1/2 inch diameter or large opening rodent-proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil must be paved with concrete or other rodent impervious material. Subd. S. Fence Maintenance. Fences may consist only of metal, wood, masonry, or other decay resistant material, maintained in good condition both in appearance and in structure, solely on the owner's property, with all wood material other than decay resistant varieties with paint or other preservatives Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, and repair is required if 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Posts and framework must face the owner's property, with the finished material facing the street or adjacent property. Subd. 6. Accessory Structure Maintenance. Accessory structures supplied by the owner, agent or occupant must be structurally sound, and maintained in good repair and appearance, weather resistant exterior using decay-resistant materials such as paint or other preservatives. Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance 13-23 Official to be paint blistered, the surface must be painted and repair is required. If 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Subd. 7. Safe Building Elements. Every foundation, roof, floor, exterior and interior wall, ceilings, inside and outside stair, every porch and.balcony, and every appurtenance thereto, must be safe to use and capable of supporting loads that normal use may cause to be placed thereon. Subd. 8. Facilities to Function. Every supplied facility, piece of equipment or utility required under the City Code and every chimney and flue must be installed and maintained and must function effectively in a safe, sound and working condition. Subd. 9. Grading and Drainage. Every yard, court, passageway and other. portions of the premises must be graded and drained so as to be free of standing water Subd. 10. Unit Below Grade. No space located more than four feet below grade may be used as a habitable room of a dwelling unless approved by the Compliance Official. Subd. 11. Yard Cover. Every yard of a premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery or related decorative materials and must be maintained. No land owner may permit or maintain on the land any growth of weeds, grass, brush or other rank vegetation to an average height greater than six inches, any accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the Minnesota Department of Agriculture. Subd. 12. Composting. Composting is permitted only if: (1) it is conducted in enclosed containers not over five feet in height with an aggregate volume of not more than 100 cubic feet, made of durable material such as wood, block or- sturdy metal fencing located at least five feet from lot lines and no closer than 20 feet from any habitable building, other than the resident's own home, and no closer than two feet from any alley; (2) only organic yard materials, such as grass clippings, leaves, flowers, weeds, sawdust, wood ash, plant trimmings, straw and commercial composting material, are put in the compost containers; (3) no meat, bones, fat, oils, dairy products or other kitchen wastes, whole branches, logs, plastics, synthetic fibers, human or pet wastes, or diseased plants are put in the containers; (4) composting is managed to minimize odor and promote effective composition. 13-24 Subd. 13. Trees and Brush. Trees and brush must be trimmed so as not to interfere with public walkway or right-of-way access or driving sightlines. Subd. 14. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. Section 1335.17 Maximum Occupancy, Minimum Space, Access. No person may occupy or permit to be occupied any dwelling which does not comply with the following: Subd. 1. Maximum Occupancy. Except for owners who have occupied a dwelling since 1940 the''maximum occupancy will be determined under the current Uniform Buildig Code. Subd. 2. One Family or Household. Not more than one family or household, except for temporary guests, may occupy a dwelling unit. Subd. 3. Ceiling Height. All rooms must have a clear ceiling height of not less than seven feet, except attics or top-half stories used for sleeping, study or similar activities, which must be at least seven feet over at least half.of the floor area, excluding those portions having a clear ceiling height of less than five feet. Open beam ceilings must have a clear ceiling height of seven feet. Subd. 4. Access through Sleeping Rooms and Bathrooms. No dwelling built after 1940 may have the sole access from a sleeping room to a bathroom, toilet room or other sleeping room through another sleeping room. A bathroom or toilet room may not be used as the only access to a habitable room, basement or exterior. 13-25 D Diseased Abandon Parking o tieeds �G Trees Vehicle Violdtio. ADDRESS 1�? V, 11 F�L Om 3b� � J�� �rc�CVA � Cc>yLt-lGe,c-' �J tj i .v Violation Letters Week of April 30, 1996 Miscellaneous Violations: Soo Line Railroad/debris along the tracks 3208 Hilldale Avenue NE/garbage can in front yard setback Parking violation: 3112 Hilldale Avenue NE/trailer in back yard 3016 Old Highway 88/debris in the yard 2837 Coolidge St NE/trailer in the back 25116 St. Anthony Boulevard/boat trailer in the back Abandon Vehicle: 2500 - 27th Avenue NE 2914 - 29th Avenut NE Violation Letters Week of May 3, 1996 Miscellaneous Violations: 3042 Old Highway 8/debris 2516 - 36th Avenue NE/debris 3010 Townview Avenue NE/new lawn 2701 Coolidge Street NE/new lawn 2709 Coolidge Street NE/new lawn 2709 Coolidge Street NE/new lawn 3128 Old Highway 8/new lawn HOUSING MAINTENANCE CODE VIOLATIONS 1995 Address: Name: 2917_ Silver='Lane-:NE 4/95 Olson 3208 Hilldale Avenue NE 4/95 McConville 3637 Roosevelt Street 5/95 Hartman 3637 Roosevelt Street 5/95 Hartman 2524 West Armour Terr 5/95 Lonsky 3421 Croft Drive 6/95 Engwall 2917 Silver Lane NE 8/95 Olson 2416-27th Avenue NE 9/95 Skogsberg 3404 Silver Lk Rd 9/95 Rockwood 3149 Stinson Blvd 9/95 Boie 3404 Silver Lk Rd 10/95 Rockwood HOUSING CODE MAINTENANCE VIOLATIONS 1994 3308 Hilldale Avenue NE 11/94 James Koski 3245 Stinson Boulevard 9/94 Bryan Anger 3.100 Croft Drive 9/94 Robert Brown 3200-29th Avenue NE 8/94 John Grotans 3200-29th Avenue NE 6/94 John Grotans 3200-29th Avenue NE 11/94 John Grotans 3305 Skycroft Circle 4/94 Micheal Kosiak 3149 Stinson Blvd 3/94 Albert Egey 2917 & 2919 Silver Ln 8/94 Dennis Olson 3201 Edgemere Avenue 8/94 William.Calguire 2917 & 2919 Silver Ln 6/94 Dennis Olson 3520 Roosevelt Street 4/94 Ron Haug 2901 Townview Ave NE 6/94 Lawrence Leong 2612 - 31st Avenue NE 5/94 Thomas Smuda 2712 Hilldale Avenue 5/94 Earl Noe 2617 - 32nd Avenue NE 5/94 Joseph Tretter 2601 - 32nd Avenue NE 5/94 Ronald Hertog 3121 Roosevelt St NE 5/94 Eleanor Daniels 2920 - 33rd Avenue NE 5/94- Beverly. Thompson 2913 Hilldale Ave 5/94 Larry Tracey 3219 Johnson St 4/94 Jon Lindberg 2816 - 29th Avenue NE 5/94 Don Johnson 3637 Roosevelt St 4/94 Wm Hartman 3209 Roosevelt St 4/94 Eugene Baker 3112 Townview Ave 4/94 Perry Thorvig 2837 Coolidge St 4/94 Sheila Staats 3424 Belden Drive 4/94 Ada Kedrok 3424 Belden Drive 3/94 Ada Kedrok 3417 Stinson Blvd 4/94 Kazimierz Halak 3005 Silver Lake Rd 4/94 De Ann West 2812 - 34th Avenue NE 3/94 John Froehle 2909 Hilldale Avenue NE 1/94 Resident . !in thon e A dministrative Offices 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 781-9323 April 21, 1995 Mr. & Mrs. Dennis J. Olson 2917 Silver Lane NE St. Anthony, MN 55421 The City Council passed a Housing Maintenance Code Ordinance in November 1992. St. Anthony residents have always taken pride in their homes and community and because of their concerns this ordinance was established to maintain and improve properties in the Village. On inspection of the City I noticed at 2917 Silver Lane NE the following items are in violation of the City ordinances: - inoperable car on the side yard; - house needs painting. Please correct the above items immediately. Thank you for your cooperation. Sincerely, Larry Hamer Director of Public Works Enclosure ABANDONIINOPERABLE VEHICLES VIOLATIONS 1995 Address: Name: 3200-39th Avenue NE 4/95 McLeod 2919 Rankin Road 7/95 Makowske 3401 Coolidge St 11/95 Loyas . 2816-34th Avenue 11/95 Stenberg 3913 Shamrock Drive 10/95 Ernst ABANDON VEHICLES 1994 2715 Coolidge Street NE Robert Levandowski 3913 Shamrock Drive Richard Ernst 3241 Stinson Boulevard - Donald Archer 2618 - 30th Avenue NE Richard Ott 2700 Hilldale Avenue Robert Bailey 3513 Maplewood Drive Lyle Montague 3604 Downers Drive Marie Micheloff 2832 Highway 88 Terry Sjoberg 3209 Roosevelt Street NE 2919 Silver Lane NE Dennis Olson April 10, 1995 Mr. Dave McLeod 3200-39th Avenue NE St. Anthony, MN 55421 Re: Inoperable vehicle Dear Mr. McLeod: You apparently have an abandoned/inoperable vehicle stored on your property. If, indeed, this vehicle is inoperable, City Ordinance requires its removal or storage in an enclosed structure. This must be taken care of immediately. A copy of the pertinent section of the Ordinance is enclosed. If you have any questions regarding the above information, please call my office. Thank'you. Sincerely, Larry Hamer Public Works Director Enclosure cc: Mr. Y.T. Shih 27 North Deep Lake Road St. Paul, MN 55127 removal of snow, ice or waste, maintenance or improvement or otherwise, evidence of the posting constitutes prima facie evidence of the order of the police and notice of same. Section 915 - PRIVATE PARKING LOTS 915.01 Regulations. No person may operate a motor .vehicle on semi—public property in violation of any official sign, or operate at a speed greater than is safe and reasonable under the conditions then existing, and in no event at a speed in excess of 15 miles per hour. Parking of vehicles on semi-public property must conform to any designated stalls or positions for parking. No vehicles may be parked or allowed to stand in an area designated or used as a lane for moving traffic so as to interfere with the movement of traffic. The Police Department may post signs at any entrance to semi-public property from a roadway to designate one-way traffic for entrance or exit, and the driver of any vehicle entering or leaving the semi-public property must comply with any one-way sign so posted. Section 920 - REMOVAL OF ABANDONED VEHICLES AND ILLEGALLY PARKED VEHICLES 920.01 Definitions. For purposes of this Section 920, the following terms have the following meanings: Subd. 1. "Motor Vehicle"-or "Vehicle". A vehicle as defined in Minn. Stat. § 169.01, Subd. 1 which is powered all or in part by a motor or engine. Subd. 2. Abandoned Motor Vehicle. A motor vehicle which (a) has remained for a period of more than 48 hours on public property illegally or without vital operating component parts, or (b) has remained for a period of more than 48 hours on private property without the consent of the person who controls the property, or (c) remains on private property, is not in a garage and is in such an inoperable condition that it has no substantial potential further use consistent with its usual functions, or (d) has been impounded and not reclaimed by its owner within the period prescribed in this Section. Subd. 3. Vital Component Parts. Those parts of a motor vehicle essential to the mechanical functioning of the vehicle, including but not limited to the motor, drive train and wheels. Subd. 4. City Impound. The person or company designated by the Manager to be responsible for towing and storage of vehicles impounded by the City. 9-4 WEED VIOLATIONS 1995 Address: Name: 2424-27th Avenue NE 9/95 Beuning 2704-30th Avenue NE 9/95 Wold 2709 Coolidge St NE 8/95 McCormick 3101 Rankin Road 8/95 Schurr 3031 Croft Drive 8/95 Brookis 3149 Stinson Blvd 8/95 Boie 2839 Silver Lake Rd 8/95 Hoffman 2223-40th Avenue NE 7/95 Schumacher 2817 Silver Lane 7/95 Solie 3044 Croft Drive 7/95 Baker 2709 Coolidge St 7/95 McCormick 3899 Silver Lake Rd 7/95 TCF 3705 Hayes Street NE 7/95 Bochnak 4001 Fordham Drive 7/95 Reid 4001 Fordham Drive 7/95 Nedegaard 3700 Silver Lake Rd 7/95 Taco Bell St. Anthony Shopping Center 7/95 Bowling Alley 3200-39th Avenue NE 6/95 Shih Silver Lane 6/96 Equinox Apts. 2550 Highway 88 6/95 Town&Cauifty Stinson Boulevard 6/95 Firestone/Med 3009-37th Avenue 6/95 Autotraac 2611 Townview 6/95 Ashland 2801-37th Avenue NE 6/95 Japlar Monarch 2500-39th Avenue NE 6/95 Huebsch 3200-39th Avenue NE 6/95 Shih 3916 Penrod-Lane 6/95 Stafford 2654 Kenzie Terrace 6/95 Schiena/Bowling Stinson Blvd 6/95 Cemetary 3700 Silver Lke Blvd 6/95 Amoco Oil Apache Plaza 6/95 Welsh C'.c� 2900-31st St (vacant lot) 6/95 Watts 3512-36th Avenue NE 6/95 Weller 3605 Stinson Blvd 6/95 Stucki 3404 Croft Drive 6/95 Goodsell 3751 Foss Road 6/95 Muller 2924 Crestview Drive 6/95 Moore 3821 Foss Road 6/95 Lorenz 2839 Silver Lake Rd 6/95 Hoffman 2520 Kenzie Terrace 6/95 KFC 2919 Silver Lk Rd 6/95 Olson page 2 _3801 Stinson Blvd 6/95 Pizza Hut' 3404 Silver Lake Rd 5/95 Rockwood 3308 Croft Drive 5/95 Sandberg 2929 Crestview Drive 5/95 Renter 3635 Chelmsford 5/95 Burns 3899 Silver Lk Rd 5/95 TCF 3108 Silver Lake Rd 5/95 Deitz 3507 Silver Lake Rd 5/95 Paulno 3004-31st Avenue NE 5/95 Peterson 3215 Silver Lake Rd 5/95 Rekuski 3031 Croft Drive 5/95 Morningstar Stinson/Silver Lane 5/95 Sentinel Mgt '3200-39th Avenue NE 5/95 McLeod 3111 Silver Lk Rd 5/95 Larry Beach Fordham Drive (vacant lot) 5/95 Reid Stinson/Silver Lane 5/95 Sentinel Mgt 39th & Penrod Ln NE 5/95 K. Lee 2950 W Cty Rd E 5/95 SalvationArmy 3813 Stinson Blvd 5/95 Fuel Mart 4000 Silver Lake Rd 5/95 Exhaust Pros 2812-27th Avenue NE 5/95 Unocal 3900 Stinson 5/95 Welsh Cmpmies 3301 Stinson Blvd 5/95 Fisher 2504/2524-39th Avenue NE 5/95 Apache Squares 3013 Hilldale Avenue NE 5/95 Kaminski 2800 Anthony Lane S 5/95 Stafford Soo Line RR 5/95 Soo Line RR 3613 Edward Street NE 5/95 Schumacher 3512 Edward Street NE 5/95 Bianchi 3020 Silver Lake Rd 5/95 Krause Stinson Blvd, 5/95 Kelly 3608 Downers Drive 5/95 Amundson 37th & Stinson 5/95 Animal Hosp 2601 Kenzie Terrace 5/95 Kenzie Condos ain thou illa e Administrative Offices 3301 Silver Lake Road, St.-Anthony, Minnesota 55418-1699 (612) 789-8881 FAX (612) 781-9323 September 12, 1995 Ms. Virginia Beuning 2424 - 27th Avenue NE St. Anthony, MN 55418 Re: Long grass in back and front of the garage Dear Property Owner: The grass on the above-referenced property is in need of mowing. Its present state is in violation of City Ordinance Section 810. Subd. 03 and Subd. 04 of Section 810 states: 1. The grass must be mowed if the height is greater than 6 inches 2. The grass must be mowed within five (5) days after you have received this letter. 3. If you do not mow, the mowing will be done at your expense. Must be maintained on a regular basis. Thank you for your cooperation in this matter. Sincerel 0!*A l � �lS Hamer Director of Public Works Enclosure: City Ordinance Section 810 Chapter 8. STREETS, SIDEWALKS AND WEED CONTROL Section 800 - LOAD REGULATIONS AND RESTRICTIONS 800.00 Restriction on Loads. The Manager will by written order pursuant to Minn. Stat. § 169.87 prohibit the operation of vehicles, or restrict the weight of vehicles, upon any City street which by reason of deterioration, rain, snow or other climactic conditions will be seriously damaged or destroyed without such restrictions. The Manager will have the street affected by the order posted with notice in the manner provided in Minn. Stat. § 169.87. It is unlawful for any person to operate any vehicle or combination of vehicles on a City street or highway contrary to the prohibition or restriction set forth in the order and notice. Section 805 - OBSTRUCTIONS IN PUBLIC WAYS 805.01 Obstructions Prohibited. No person, except under a proper building permit issued by the Manager, shall obstruct or encumber any sidewalk, street, avenue, alley, lane or other public way in the City with stone, brick, sand, lumber or other material or property, except as permitted in this Code. 805.02 Removal of Obstruction and Expense. When an obstruction is placed or left on a street or other public way contrary to Section 805.01, the City will notify the person who placed or left such obstruction and the owner of the abutting property to immediately remove the same. If the person fails or refuses to remove the obstruction within a reasonable time, it may be removed by the City. The person . responsible for the obstruction shall reimburse the City for the cost of removal within 10 days after receiving an invoice from the City. Section 810 - SIDEWALKS AND WEED CONTROL 810.01 Snow, Ice. Dirt and Rubbish Removal. The owner and the occupant of property adjacent to a public sidewalk must use due diligence to keep the walk safe for pedestrians. No such owner or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after it has been deposited. 810.02 Repair of Sidewalks. The owner of any property within the City abutting a public sidewalk is required to promptly notify the City if the sidewalk is in need of repair and is not safe for pedestrians. 810.03 Weed Control. Any weeds or grasses, whether noxious as defined by law or not, growing outside the traveled portion of any City street or alley, or growing on private property, to a greater height than 6 inches or which have gone or are about to go to seed must be cut or removed by the owner of the abutting property if within -.�� 8-1 CITYOFFMDLEYWinter Newsletter 1995/1996 No. 89 The City Council and the Fridley Pride City-Wide Clean- Up Week Committee thanks Fridley residents for making this program an outstanding success! EXTENDED SERVICE _ HOURS AVAILABLE fill 4yr TUESDAY NIGHTS Are you unable to make it into City Hall during normal business hours? Would it be more convenient for you to -j ► register for a recreation class,pay your utility bill or apply for _ a building permit in the evening? Now you have that oppor- tunity. Since October, the Municipal Center has extended hours on Tuesday nights. Now we are open unfit 7:00 p.m. - - -� - Only a handful of metropolitan area cities offer any type of p extended hours. In Fridley, we will continue this service ? through March at which time we will evaluate its effective- t ness. So far, extended hours have met with a luke warm - response. F• — r1 Remember,Tuesdays equal two extra hours of service! Fridley Pride City-Wide Committee Members were ap- pointed by the City Council. Back Row(left to right):Woody Nelson and Jack Velin; Middle Row: Mel Bolin, Mary Bowen,Susan Price;Front Row:Dean Saba,Ann Bolkcom, FRIDLEY PRIDE CrrY-WIDE Lonni McCauley(Executive Director). Other committee members not shown: Scott Lund,Mary Platt,Duane Knealing, Karen Schaub, Clem Coverston, Jeanne Olson, and Marla CLEAN-UP Stratton. ,ppuolq����Q►� . CP' ri WEEK Fridley residents successfully recycled, reused,or prop- erly disposed of the following materials: Fridley residents and more than Material Amount k 300 volunteers made Fridley Pride Tree brush and branches 30,000 cubic yards �� P'g�&r��3 City-Wide Clean-Up Week a great C, *= a success. The Council and the steer- Appliances 1,032 appliances 11 a1 ing committee set out to build com- Usable furniture 14,880 pounds munity spirit while cleaning up the Junk cars 15 cars City. Both of these goals were met during the week of Refuse 265 tons September 9 to 16, 1995. Tires 2,098 tires Activities included curbside collection of tree branches, shrubs,refuse,usable furniture,and appliances. Over 1,200 Florescent lamps 1,909 units residents dropped off tires, florescent lamps, car batteries, Used oil 2,000 gallons demolition debris, scrap wood, waste oil, and oil filters at Used oil filters 1,036 units Columbia Arena. Neighbors helped neighbors clean up Car batteries 457 units garages and back yards,often removing 20-30 years worth Demolition debris 93 tons of accumulation. Volunteers helped residents bring their material to the curbside,and in many cases,volunteers helped Concrete and asphalt 40 tons bring material to the drop-off site. Scrap metal 37 tons CITY OF ST. ANTHONY VILLAGE COMPREHENSIVE.PLAN UPDATE SCHEDULE Task Name Responsible 1996 1997 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Draft Request for Proposal (RFP) Planning Commission Approve Draft RFP at SAV PC Meeting Planning Commission Forward to City Council for Approval Planning Commission ■ Approval by City Council City Council Issue Request for Proposal City Staff Consultant Proposal Response Consultants Receipt of Proposals City Staff Reference Check of Consultants Cit Staff Review Proposals Planning Commission Interview Short List Commission/Council D Recommend Consultant Selection Planning Commission ■ Approval of Consultant Selection City Council Notice to Proceed for Consultant City Staff Joint Commission/Council Kickoff Meeting Commission/Council Preliminary Issues Analysis Consultant Finalize Content of Plan Update Planning Commission Ongoing Plan Development(Consultant) Planning Commission Printed: Apr/18/96 Milestone Summary ll�l Page 1 Fixed Delay ................ COUNCIL CALENDAR 1s � MAY, 1996 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 2 3 4 April June 9:00 AM - 1:00 S M T W T F S S M T W T F S PM CITY 3 It 12 13 2 3 4 5 6 7 8 CLEAN,UP DAY 7 s 9 t 14 15 16 17 18 19 20 9 10 11 12 13 14 15 - 2l 22 23 24 25 26 27 16 17 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 30 - 5 6 7 8 9 10 11 10:00 AM Staff Meeting 7:00 PM Coun- cil Work Session 12 13 14 15 16 17 18 7:00 PM Coun- cil Meeting 19 20 21 22 23 24 25 0 7:00 PM PLAN- NING COMMISSION 26 .27 28 29 30 31 7:00 PM Coun- cil Meeting MEMORIAL DAY - DAY OFF COUNCIL CALENDAR JUNE, 1996 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY . 1 2 3 4 5 6 7 8 10:00 AM 7:00 PM Coun- Staff Meeting cil Work Session 9 10 11 12 13 14 15 7:00 PM Coun- Flag Day cil Meeting eague�o : innesota. 1t1es_ on erence 16 17 18 19 20 21 22 FATHERS' Summer Begins DAY 7:00 PM PLAN- NING vryG �` .. ......................` COMMISSION 23 24 25 26 27 28 29 7:00 PM Coun- cil Meeting 30 May July S MT W T F S S MT W T F S 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 31 28 29 30 31 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 APRIL 9, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:40 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: Michael Mornson, City Manager and Jerry Gilligan, City Attorney. lo III. APPROVAL OF APRIL 9, 1996 COUNCIL AGENDA. 11 City Manager Morrison noted item IX.B. would be removed until the April 23, 1996 12 Council Meeting. 13 Motion by Marks, second by Wagner to approve the April 9, 1996 Council Agenda as 14 revised. 15 Motion carried unanimously. 16 IV. APPROVAL OF MARCH 26, 1996 REGULAR COUNCIL MEETING MINUTES. 17 Motion by Marks, second by Enrooth to approve the March 26, 1996 Council Meeting 18 Minutes as presented. 19 Motion carried unanimously. 20 V. LICENSES/PERMITS/PETITIONS. 21 Motion by Wagner, second by Marks to approve the following licenses: 22 Contractors License: 23 Suburban Lighting Inc., Stillwater, MN/Renewal 24 Graus Construction Company, Hastings, MN/City Hall 25 Cigarette License: 26 Fuel Mart Inc., 3813 Stinson Boulevard/Renewal 27 Service Station License: 28 Fuel Mart, Inc., 3813 Stinson Boulevard/Renewal 29 Garbage Haulers License: City Council Regular Meeting Minutes April 9, 1996 Page 2 1 Larry's Quality Sanitation/Residential Renewal 2 Motion carried unanimously. 3 VI. PRESENTATION OF CLAIMS. 4 Motion by Marks, seconded by Enrooth.to approve the following claims: 5 A. Dorsey & Whitney - $942.00 6 B. Dorsey & Whitney - $2,578.52 7 C. 4 pages of Verified Claims as presented by the Finance Director. s Motion carried unanimously. 9 VII. REPORTS. 10 A. Mayor. 11 Mayor Ranallo reminded the Council of the Chamber of Commerce Meeting 12 Wednesday, April 17 at 5:30 P.M. Since most Councilmembers will be in 13 attendance it will be posted as a legal meeting. 14 Mayor Ranallo read a proclamation declaring Volunteer Appreciation Week. An 15 appreciation dinner will be held April 30 for City volunteers. 16 Motion by Marks, second by Enrooth, to adopt the proclamation declaring 17 Volunteer Appreciation Week. 18 Motion carried unanimously. 19 B. Councilmembers. 20 Wagner reported he recently attended the St. Anthony Merchants Association 21 Meeting and a classic car show is planned in May. The Stonehouse will have a 22 Back to the 50's promotion. 23 Faust stated on March 29, he attended a Municipal Financial Workshop which he 24 found to be very informative. 25 Marks had nothing to report. 26 Enrooth stated there will be a Village Fest Meeting next Monday (April 15). City- 27 wide clean-up is scheduled for May 4. Information will be in the City Newsletter. City Council Regular Meeting Minutes April 9, 1996 Page 3 1 C. Ci , Manager. 2 Mornson noted he had a meeting with the City Hall Building Contractor. The 3 footprint of the building is complete. The architects will be at the next several 4 Council Meetings to'review some changes on the project. At the May Council 5 Meeting the audit will be presented to the Council. Mornson will be meeting with 6 Lauderdale and Falcon Heights in April to review the proposed police contracts. 7 VIII. PUBLIC HEARING - None. 8 IX. NEW BUSINESS. 9 A. Apache Plaza Final Plat 10 David Greening, Briggs and Morgan, Lawyer for St. Marie Company presented the final 11 plat for Silver Lake Center. The plan has been presented to the County and he does not 12 expect any property lines will be moved. There has been a change from the preliminary 13 plat to the final plat. Lot 5 Apache Plaza was not included as part of the final plat (this is 14 the current New Market building). The final plat does however include the remaining 15 portion of Lot 7. That building will still be called Apache Plaza. 16 Marks asked if the City Attorney was satisfied with the plat. Mr. Gilligan stated he was. 17 Motion by Wagner, second by Marks for approval of Apache Plaza Final Plat, with the 18 completion of the conditions as stated in the City Attorney's letter, as well as changes 19 Ramsey County may make. 20 Motion carried unanimously. 21 B. Consideration of Resolutions to Enter into Agreements with First Bank, Ste. Marie 22 Company, and Supervalu, Inc. Regarding Apache Plaza Redevelopment 23 This item was removed from the agenda to the April 23, 1996 Council Meeting. 24 C. Consideration of Stormwater Management Analysis for District 6 Drainage Basin 25 Motion by Marks, second by Enrooth, for approval of a study not to exceed $8,800. 26 Motion carried unanimously. 27 D. Resolution 96-028, Re: Environmental Survey of Old Parkview Building City Council Regular Meeting Minutes April 9, 1996 Page 4 Motion by Marks, second by Wagner, for adoption of Resolution 96-028 retaining a 2 Health Consulting Firm. 3 Motion carried unanimously. 4 XI. ADJOURNMENT. 5 Motion by Marks, second by Enrooth to adjourn the meeting at 7:55 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, 8 Debbie Wolfe 9 TimeSaver Off Site Secretarial 10 11 Mayor 12 ATTEST: 13 City Clerk 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 APRIL 9, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:40 P.M. followed by the Pledge of Allegiance led by 6 Mayor Ranallo. 7 H. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: Michael Morrison, City Manager and Jerry Gilligan, City Attorney. 10 III. APPROVAL OF APRIL 9; 1996 COUNCIL AGENDA. 11 City Manager Mornson noted item IX.B. would be removed until the April 23, 1996 12 Council Meeting. 13 Motion by Marks, second by Wagner to approve the April 9, 1996 Council Agenda as .14 revised. 15 Motion carried unanimously. 16 IV. APPROVAL OF MARCH 26, 1996 REGULAR COUNCIL MEETING MINUTES. 17 Motion by Marks, second by Enrooth to approve the March 26, 1996 Council Meeting 18 Minutes as presented. , 19 Motion carried unanimously. 20 V. LICENSES/PERMITS/PETITIONS. 21 Motion by Wagner, second by Marks to approve the following licenses: 22 Contractors License: 23 Suburban Lighting Inc., Stillwater, MN/Renewal 24 Graus Construction Company, Hastings, MN/City Hall 25 Cigarette License: 26 Fuel Mart Inc., 3813 Stinson Boulevard/Renewal 27 Service Station License: 28 Fuel Mart, Inc., 3813 Stinson Boulevard/Renewal 29 Garbage Haulers License: City Council Regular Meeting Minutes April 9, 1996 Page 2 1 Larry's Quality Sanitation/Residential Renewal 2 Motion carried unanimously. 3 VI. PRESENTATION OF CLAIMS. 4 Motion by Marks, seconded by Enrooth to approve the following claims: 5 A. Dorsey & Whitney - $942.00 6 B. Dorsey & Whitney - $2,578.52 7 C. 4 pages of Verified Claims as presented by the Finance Director. 8 Motion carried unanimously. 9 VII. REPORTS. 10 A. Mayor. 11 Mayor Ranallo reminded the Council of the Chamber of Commerce Meeting 12 Wednesday, April 17 at 5:30 P.M. Since most Councilmembers will be in 13 attendance it will be posted as a legal meeting. 14 Mayor Ranallo read a proclamation declaring Volunteer Appreciation Week. An 15 appreciation dinner will be held April 30 for City volunteers. 16 Motion by Marks, second by Enrooth, to adopt the proclamation declaring 17 Volunteer Appreciation Week. 18 Motion carried unanimously. 19 B. Councilmembers. 20 Wagner reported he recently attended the St. Anthony Merchants Association 21 Meeting and a classic car show is planned in May. The Stonehouse will have a 22 Back to the 50's promotion. 23 Faust stated on March 29, he attended a Municipal Financial Workshop which he 24 found to be very informative. 25 Marks had nothing to report. 26 Enrooth stated there will be a Village Fest Meeting next Monday (April 15). City- 27 wide clean-up is scheduled for May 4. Information will be in the City Newsletter. City Council Regular Meeting Minutes April 9, 1996 Page 3 1 C. City Manager. 2 Mornson noted he had a meeting with the City Hall Building Contractor. The 3 - footprint of the building is complete. The architects will be at the next several 4 Council Meetings to review some changes on the project. At the May Council 5 Meeting the audit will be presented to the Council. Mornson will be meeting with 6 Lauderdale and Falcon Heights in April to review the proposed police contracts. 7 VIII. PUBLIC HEARING - None. 8 IX. NEW BUSINESS. 9 A. Apache Plaza Final Plat 10 David Greening, Briggs and Morgan, Lawyer for St. Marie Company presented the final 11 plat for Silver Lake Center. The plan has been presented to the County and he does not 12 expedt any property lines will be moved. There has been a change from the preliminary 13 plat to the final plat. Lot 5 Apache Plaza was not included as part of the,final plat (this is 14 the current New Market building). The final plat does however include the remaining 15 portion of Lot 7. That building will still be called Apache Plaza. 16 Marks asked if the City Attorney was satisfied with the plat. Mr. Gilligan stated he was. 17 Motion by Wagner, second by Marks for approval of Apache Plaza Final Plat, with the 18 completion of the conditions as stated in the City Attorney's letter, as well as changes 19 Ramsey County may make. 20 Motion carried unanimously. 21 B. Consideration of Resolutions to Enter into Agreements with First Bank, Ste. Marie 22 Company, and Supervalu, Inc. Regarding Apache Plaza Redevelopment 23 This item was removed from the agenda to the April 23, 1996 Council Meeting. 24 C. Consideration of Stormwater Management Analysis for District 6 Drainage Basin 25 Motion by Marks, second by Enrooth, for approval of a study not to exceed $8,800. 26 Motion carried unanimously. 27 D. Resolution 96-028, Re: Environmental Survey of Old Parkview Building City Council Regular Meeting Minutes April 9, 1996 Page 4 1 Motion by Marks, second by Wagner, for adoption of Resolution 96-028 retaining a 2 Health Consulting Firm. 3 Motion carried unanimously. 4 XI. ADJOURNMENT. 5 Motion by Marks, second by Enrooth to adjourn the meeting at 7:55 P.M. 6 Motion carried unanimously. 7 Respectfully submitted, s Debbie Wolfe 9 TimeSaver Off Site Secretarial 10 11. Mayor 12 ATTEST: 13 City Clerk 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR.MEETING MINUTES 3 APRIL 23, 1996 4 I. CALL TO ORDER/ROLL CALL. 5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor 6 Ranallo. 7 II. ROLL CALL. 8 Councilmembers Present: Ranallo, Marks, Enrooth, Wagner, and Faust. 9 Also Present: Michael Mornson, City Manager and Jerry Gilligan, City Attorney. 10 III. APPROVAL OF APRIL 23, 1996 COUNCIL AGENDA. 11 Motion by Wagner, second by Enrooth to approve the April 23, 1996 Council Agenda with the 12 following changes: 13 Under IX. New Business, after Item B. Recess the City Council Meeting and Call to Order the 14 HRA Meeting. Upon Adjournment of the HRA Meeting Reconvene the Regular City Council 15 Meeting. 16 Motion carried unanimously. 17 IV. APPROVAL OF APRIL 9, 1996 COUNCIL MINUTES. 18 Motion by Marks, second by Wagner to approve the April 9, 1996 Council minutes as presented. 19 Motion carried unanimously. 20 V. LICENSES/PERMITS/PETITIONS. 21 Motion by Wagner, second by Marks to approve the following licenses: 22 Contractors License: 23 Rayco Construction Company, Columbia Heights, MN/Old Medtonics, Bldg. 24 Construction Labor Force/dba: Rite-Way Waterproofing, Lino Lakes, MN/Renewal 25 Heating License: 26 General Sheet Metal Corporation, Minneapolis, MN/Renewal 27 Practical Systems, Rogers, MN/Work at 3507 Belden Drive 28 Garbage Haulers License: 29 Woodlake Sanitary, Inc., Circle Pines, MN/Renewal 30 Motion carried unanimously. 31 Motion by Enrooth, second by Wagner to approve a 3.2 Beer Retail Off-Sale License for Fuel 32 Mart, 3813 Stinson Boulevard/Renewal. 33 Motion carried unanimously. City Council Regular Meeting Minutes April 23, 1996 Page 2 1 VI. PRESENTATION OF CLAIMS. 2 Motion by Marks, second by Enrooth to approve the following claims: 3 A. Foster, Ojile. Wentzell & Brever, LLC in the amount of$2,600.00 for professional 4 services rendered for the month of.April, 1996. 5 B. 4 pages of Verified Claims as presented by the Finance Director. 6 Motion carried unanimously. 7 VII. REPORTS. 8 A. Planning Commission Meeting - April 16, 1996. 9 1. Variance Request for Lots 8 and 10 of the Village Commons: 3925-8 and 3925-10 10 Fordham Drive,Nedegaard Construction. 11 Planning Commissioner Gondorchin was present to report on the Planning Commission 12 meeting,of April 16, 1996. He reported Bruce Nedegaard had been present at the meeting 13 to explain that the location of the hearth rooms of the twin homes located on Lots 8 and 14 10 of the Village Commons will be in violation of the rear yard setbacks due to a survey 15 error. The surveyor placed the hearth rooms on the left side of the twin homes when they 16 should have been located on the right side. After looking at the blueprints and discussing 17 the issue there was no opposition by the Planning Commission to grant the variance. The 18 criteria of reasonable use and hardship not being created by the owner were debated as 19 the units could be used as originally intended without the hearth room and the surveyor 20 was under the owner's employment when he made the error. Chair Bergstrom then noted 21 that.granting the variance would not be setting a precedent nor would it negatively affect 22 the community. The Planning Commission voted unanimously to recommend approval 23 of the nine foot variance request for the Village Commons,Nedegaard Construction, as 24 presented, based on meeting the three criteria for variance and that the neighbors voiced 25 no concern. 26 Councilmember Marks noted that Lots 7 and 8 and Lots 9 and 10 were mirror images of 27 each other and asked if the hearth room could be moved into the easement closer to the 28 lot line to minimize or eliminate the need for a variance. 29 Bruce Nedegaard,Nedegaard Construction explained the original plan placed the hearth 30 room out over the master bedroom. He provided the original plan the surveyor had 31 worked from noting he had been unaware that the surveyor had this plan. He stated that 32 ultimately no one was at fault but himself because the surveyor was under his direction. 33 He provided.the Councilmernbers with an illustration of the preliminary plat versus the 34 final plat, noting the angle of the twin home on Lot 10 had been changed to save a six to 35 seven foot stand of 30 foot evergreen trees. 36 Mayor Ranallo reported a letter had been received since the Planning Commission 37 meeting from Halbert Rogers,4011 Fordham Drive. The letter stated he was not trying to City Council Regular Meeting Minutes April 23, 1996 Page 3 1 stop or divert construction, rather hoping that the dust, noise and wind blown debris will 2 soon come to a satisfactory conclusion. 3 Mr. Nedegaard stated he had checked the plat and spoken with the surveyor and was 4 certain there would be no further variance requests for the project. He stated he would 5 put this into letter form. 6 Marks stated it was clear the property would be able to be put to a reasonable use without 7 the variance. 8 Faust stated in light of what was already built there, he did not feel the property could be 9 put to a reasonable use and maintain the symmetric principles of the project. 10 Mayor Ranallo thanked Mr. Nedegaard for bringing this to the attention of the City 11 before the project went too far. He stated as long as there was no hardship to the other • 12 property owners, he saw no reason not to grant the variance. 13 Marks asked if the City Attorney had commented on the issue. City Manager Mornson 14 stated he had forwarded the information to the City Attorney and had received no -- . 15 comment. 16 Marks stated he did not feel he could vote in favor of the variance in good conscience. 17 Motion by Ranallo, seconded by Faust to approve the nine foot variance request for the 18 Village Commons,Nedegaard Construction, as presented, based on meeting the three 19 criteria for variances and that the neighbors voiced no concern. 20 Voting on the Motion: 21 Aye: Ranallo, Faust, Wagner. 22 Nay: Enrooth and Marks. 23 Motion carried. 24 B. Councilmembers. 25 Wagner noted the date for the previously approved request of the Shriners to deliver 26 onions at the Stonehouse Restaurant parking lot will be May 11, 1996. 27 Wagner reported his attendance at the Community Service Advisory Meeting. The 28 meeting included an update by the School Board. There was support expressed for the 29 construction of the Community Center/City Hall and the redevelopment at Apache Plaza. City Council Regular Meeting Minutes April 23, 1996 Page 4 1 Wagner reported his attendance at a meeting of the Healthy Community/Healthy Youth 2 Task Force. He stated he would like to follow up on some of the issues discussed there at 3 a future Work Session meeting. 4 Enrooth reported he has been working on the MMRWO. They are attempting to look at a 5 joint power agreement and have created a first draft. He stated he will provide the 6 Council with more information as it becomes available. 7 Enrooth distributed the announcement of the Spring Clean-Up which will be held on May 8 4, 1996 from 9:00 A.M. to 1:00 P.M. 9 Marks reported the St. Anthony Orchestra will hold it's 20th Anniversary Spring 10 Celebration on May 10, 1996. The celebration will include music, a silent auction and 11 dinner. 12 13 C. Mayor. 14 Mayor Ranallo had no report. 15 D. City Manager. 16 City Manager Morrison reported the Fire Department Annual Report will be completed 17 and presented to Council by Fire Chief Johnson on May 14, 1996. He reported meetings 18 will be held with the City of Falcon Heights and Lauderdale to negotiate the Police 19 Contract for 1997-98 by the end of May. The contract will then be presented to their 20 Council for consideration in early-June. 21 Morrison noted the St. Anthony Police Department has been asked to assist in providing 22 extra protection at a school in Falcon Heights next Saturday where a movie starring 23 Arnold Schwarzenager will be filmed. 24 City Manager Morrison reported Captain Jack Thoemke is one of eight police officers to 25 receive Officer of the Year Award. He is receiving the award for efforts extended when 26 gun fire was exchanged on the border of New Brighton and Fridley and St. Anthony was 27 called to assist. There was Council consensus for Staff to prepare a letter of 28 commendation. 29 VIII. PUBLIC HEARING -None. 30 IX. NEW BUSINESS 31 A. Resolution 96-029 re: Resolution to Enter Into Agreements with First Bank, Ste. Marie 32 Company, and Super Valu Inc Regarding Apache Plaza Redevelopment. 33 City Attorney Jerry Gilligan explained this action will authorize and execute the 34 Redevelopment Agreement and Assistance Agreement with St. Mariee Company. The City Council Regular Meeting Minutes April 23, 1996 Page 5 1 City is agreeing to provide Tax Increment Financing to assist Ste. Marie Company in 2 paying a portion of the purchase price. The net assistance after reimbursement of the 3 City's expected loss in LGA will be 1.5 million. The City will issue bonds for a portion 4 of the funding and the other will be funded by HRA funds on hand. The bond issue is to 5 be structured to be payable over a 15-year term from the expected tax increment 6 generated from the CUB Foods Store. Conditions of the agreement are that Super Valu 7 agrees to construct the store and that the store will have a minimum market value for real 8 estate tax purposes of$4.5 million. Also that the market value of Lot 7 be maintained at 9 the current market value of$2.9 million to the year 2012. It is hopeful that Lot 7 will be 10 developed in the near future and it will be revisited at that time. 11 Mayor Ranallo introduced Joan Ahrens of Super Valu and expressed his appreciation of 12 all the hard work she has done to keep the project moving forward. 13 Ms. Ahrens stated it was a pleasure to work with the City of St. Anthony and is very 14 excited to get the project going. She reported they hope to pre-close on Friday with the 15 money changing hands on Monday. It is anticipated the store will be open within one 16 year. There is much yet to be done including demolition, removal of asbestos and site 17 work. She noted the proposed store will be much like the new store in Maplewood on 18 Highway 36 and White Bear Avenue. 19 Motion by Marks, second by Enrooth to approve Resolution 96-029, regarding approving 20 Execution and Delivery of Redevelopment Agreement and other Agreements in 21 connection with redevelopment of Apache Plaza Shopping Center. - 22 Motion carried unanimously. 23 B. Resolution 96-030, re: Approval of Issuance of Chandler Place Refunding Bonds. 24 Mr. Gilligan explained this proposed issuance of revenue bonds will serve to refund 25 revenue bonds issued by the City in 1985 to finance the construction of Chandler Place. 26 The City will have no liability for the bonds and will only act as a conduit for the bonds. 27 It is anticipated the closing on the bonds will occur in May and the 1985 Bonds will be 28 redeemed on June 1 st. The satisfaction of the loan will be made by payment of$600,000 29 by the owner of Chandler Place and payment by the HRA to the owner of St. Anthony 30 Health Center of$100,000 from tax increment revenue from the Chandler Place TIF 31 District upon completion of and expansion of the Health Center. - 32 It was noted Mr. Miller and a representative from First Bank System Investment Services 33 were present at the meeting. 34 Motion by Marks, second by Wagner to approve Resolution 96-020, relating to Chandler 35 Place Project; authorizing the sale and issuance of Multifamily Housing Development 36 Refunding Revenue Bonds, Series 1996A (GNMA Collaterized - Chandler Place Limited City Council Regular Meeting Minutes April 23, 1996 Page 6 1 Partnership Project) and Multifamily Housing Development Revenue Bonds, Series 2 1996B (Taxable) (GNMA Collateralized - Chandler Place Limited Partnership Project); 3 Approving the form and authorizing the execution and delivery of documents relating to 4 such bonds. 5 Motion carried unanimously. 6 Mayor Ranallo recessed the meeting at 7:34 P.M. and reconvened at 7:43 P.M. 7 C. Request from Sports Boosters for Storage Room at New City Hall/Community Center. 8 Mike Peterson, President St. Anthony Sports Boosters, stated the Sports Boosters have 9 been talking to City Manager about the possibility of obtaining a storage space in the new 10 Community Center. The Sports Boosters currently have a storage space in the high 11 school but have been told they will have to vacate this location by the summer of 1997. 12 Consequently, they will need a location in which to store equipment. The Community 13 Center would be ideal due to its central location and 24 hour accessibility. It is 14 anticipated there will be a separate exterior access to the storage area. The initial 15 estimate for the storage area was $43,000. It has now increased to between $48,700 and 16 $49,100. It would contain 900 square feet of storage. The Sports Boosters intend to 17 make a considerable down payment of approximately $15,000 within the next 90 days 18 and the remainder payable by January 1, 1997. As a practical matter,this will exhaust 19 charitable gambling funds for this year. 20 Mayor Ranallo asked if the Sports Boosters would be contributing any funds for the new 21 gym this year. Mr. Peterson stated he did not believe there would be funds available. 22 Elizabeth Herrmann, Williams/O'Brien Architect, displayed a floor plan of the 23 Community Center. She noted the building had been designed so that a storage area 24 could be added and the gym could be expanded to the east. The storage area would be 25 located on the north corner of the gym and would finish off the corner. There is some 26 concern with the location of the ball field. The original surface of the ball field was to be 27 280 feet. Ms. Herrmann noted even without the addition of the storage area it will be 28 difficult to fit a ballfield of this size in this area. Another concern was that the Rice 29 Creek Watershed District required a swale be located in the center of the outfield. This 30 will result in a not completely flat playing surface. 31 Ms. Hemnann stated one option would be to rotate the ballfield slightly or to move home 32 plate back. Even then a 280 foot ballfield would extend right up to the building. 33 Kathy Knapp stated the reduction of Central 1 field would eliminate all adult play on that 34 field. Last season 70%of the players in that league either worked, graduated or lived in 35 the City of St. Anthony. City Council Regular Meeting Minutes April 23, 1996 Page 7 1 Ms. Herrmann stated she had spoken with the contractor and he had indicated a decision 2 regarding the storage room had to be made immediately to avoid impact to the 3 construction schedule. 4 Ms. Knapp stated currently Central 1 field is unusable due to the construction fence on 5 the site. Four teams were lost due to this. These players have been in this league for 6 many years and were very unhappy. 7 Morrison questioned how the storm sewer system would affect the field. Ms. Herrmann 8 noted there may be a catch basin in the outfield. She also reiterated the swale could be a 9 problem but it is being required by the Rice Creek Watershed District. 10 Mayor Ranallo noted the building could not have been moved ahead because of the 11 utilities located in the front. 12 Enrooth questioned the possibility of repositioning the ballfields. Ms. Knapp suggested it 13 would be beneficial to reposition all three fields to obtain 280 feet which is ideal and 14 minimize the impact to the adult residents that want to play. She stated she had 15 previously worked with Dave Childs and Tom Burt to rotate the-field. There are 16 configurations to turn the fields which provide safety. It is important to consider the 17 direction the fields face with respect to the sun and also be certain to maintain the multi- 18 purpose affect. 19 Ms. Herrmann indicated she would be happy to look at the plans. She noted it would be 20 useful for Ms. Knapp to see the changes which result from the swale, etc. 21 Mayor Ranallo stated he had considered the field with Larry Hamer and Mike Gratis and 22 it appeared the field could be rotated to the left as you stand at home plate. 23 Faust confirmed that the building in its present situation already infringes on the ball 24 field. Ms. Herrmann stated if the ballfields were moved back a little it may be possible to 25 have a 280 foot ballfield but it would end right at the edge of the building. 26 Ms. Knapp stated a 285 foot field was necessary for Class C teams. If a 280 foot field is 27 not obtained it will eliminate residents from play. 28 Mayor Ranallo stated he appreciated the things the Sports Boosters do for the City but 29 feels that the City is being shorted. He asked that the Sports Boosters attempt to continue 30 to look for ways to help fund the new gym. 31 Mr. Peterson thanked the City for supporting the Sports Boosters. He stated he was not 32 aware of any certain requests made by the City to the Sports Boosters. City Council Regular Meeting Minutes April 23, 1996 Page 8 1 Mayor Ranallo suggested it be determined where the most usage really is, in the gym or 2 in the softball field. He also questioned if a commitment had been made by the Sports 3 Boosters to provide the funds for the storage room. Mr. Peterson stated the Sports 4 Boosters have discussed and authorized the funds up to $49,100. 5 Mayor Ranallo questioned why the cost was so high. Ms. Herrmann explained 6 commercial construction is much more expensive than residential construction. This is 7 due to the requirement of sprinkler systems, mechanical, etc. 8 Enrooth asked how much less the cost would have been if the storage room had been 9 included in the original plan. Ms. Herrmann stated it would have been approximately 10 $5,000 to 8,000 less. 11 Marks stated he felt the City needed to move forward with the storage room. The Sports 12 Boosters need the facility. He stated he would recommend approval. 13 Ms. Herrmann stated she could give the contractor verbal approval, make the proposal 14 and go through the design process. This could be given to the contractor and they could 15 then give an estimate of the cost. 16 Motion by Marks, second by Wagner to approve a change order not to exceed $49,1000 17 for the addition of a 900 square foot storage room at the new Community Center with 18 payment from the Sports Boosters of approximately $15,000 within the next 90 days and 19 the remainder payable by January 1, 1997. 20 21 Motion carried unanimously. 22 D. Consideration of Exterior Receptacles for Villagefest at the New City Hall. 23 Ms. Herrmann reported she had requested the electrical engineer look at the costs 24 associated with adding an exterior electrical receptacle to the north end of the building for 25 use during the festival. Total costs including professional fees is estimated to be $6,210. 26 Much of the cost is due to the transformer and new panel board. She suggested this cost 27 be weighed against the cost of renting a generator. If the Council decides to install the 28 receptacle, it would be advisable to tie it in with the new storage room. 29 Mayor Ranallo noted rent for a generator can be very expensive and they are not always 30 easy to work with. Faust noted they are also very noisy. 31 Enrooth stated Mr. Bartz had been present at the meeting tonight but had left. Enrooth 32 felt his recommendation would be that this cost was too high. 33 Ms. Herrmann stated she felt the estimate was a little high. She suggested going through 34 the process of the formal estimate from the contractor. City Council Regular Meeting Minutes April 23, 1996 Page 9 1 There was Council consensus to direct the architect to develop a change order for 2 consideration at the May 14th Council meeting. 3 E. Consideration of a Scoreboard in the New City Hall. 4 Ms. Herrmann stated she felt the estimate of$6,061 for the installation of the scoreboard 5 was high. She reported she learned at the construction progress meeting this morning that 6 the location of the scoreboard needed to be determined so the conduit could be installed. 7 Councilmember Wagner was requested to contact the Kiwanis, Lions Club and Chamber 8 and inquire if they would be willing to help fund the scoreboard. 9 Ms. Hermann stated there will be a single scoreboard which could possibly be located at 10 the end of the gym that was slightly wider. The other question is the location of the 11 control panel for the scoreboard. She felt the best location for the control panel would be 12 directly across from the scoreboard. 13 There was Council consensus to locate the scoreboard and control panel in these 14 locations. 15 Ms. Herrmann reported the construction progress meeting went well. Graus Construction 16 is a good company to work with. She reported the exterior footings are installed up to the 17 floor level and work is beginning on the interior footings. They will begin to put up the 18 burnish block for the gym in the next few days. 19 Momson noted the construction fence on the north will be removed by July 15, 1996 for 20 VillageFest. 21 X. UNFINISHED BUSINESS. 22 A. Ordinance 1996-002,re: Donation of Sick Leave Time (First Reading L• 23 Mayor Ranallo stated the City had received requests from some employees who have 24 accumulated a lot of sick time to be allowed to donate it to other employees who do not 25 have sick time in the case of an emergency. This is currently being done but on a case to 26 case basis. 27 Motion by Marks, second by Wagner to approve the First reading of Ordinance 1996- 28 002,relating to employees' donation of sick leave time, amending Section 3 00.10 of the 29 1993 St. Anthony Code of Ordinances by adding Subd. 9. 30 Motion carried unanimously. City Council Regular Meeting Minutes April 23, 1996 Page 10 1 Mr. Terry Taylor, Vice President of Sports Booster presented the Sports Boosters report 2 for 1996. He pointed out the decrease in donation this year. He noted this may be 3 reduced further by the possible closing of Apache Wells. 4 Mayor Ranallo questioned the request for funds for the proposed gym. Mr. Taylor noted 5 there were no requests from the City of St. Anthony on the table. 6 Enrooth asked the status of pull tabs in the State. Mr. Taylor stated they remained 7 constant. 8 XI. ADJOURNMENT. 9 Motion by Marks, second by Enrooth to adjourn the meeting at 8:30 P.M. 10 - Motion carried unanimously. 11 Respectfully submitted, 12 Lorri Kopischke- 13 Timesaver Off Site Secretarial 14 15 Mayor 16 ATTEST: 17 City Clerk