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Meeting Sheet
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Folder: CC PACKETS 1990-1994
Document: CC PACKET 11101992
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
NOVEMBER 10, 1992
7:30 P.M.
COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. APPROVAL OF NOVEMBER 10, 1992 COUNCIL AGENDA.
IV. APPROVAL OF OCTOBER 27, 1992 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. I.S.D. #282 - $16,699.22.
B. DORSEY & WHITNEY - $1,633.57.
C. DORSEY & WHITNEY - $2,946.76.
D. HANCE & LEVAHN - $2,400.00.
E. HANCE & LEVAHN - $2,400.00.
F. VERIFIEDS.
VII. REPORTS.
A. COUNCIL.
B. CITY MANAGER.
1. RESCHEDULE REGULAR COUNCIL MEETING DATE FROM DECEMBER 8 TO
DECEMBER 7, 1992.
VIII. PUBLIC HEARINGS - NONE.
IX. NEW BUSINESS.
A. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY/RECYCLING COMMITTEE.
B. RESOLUTION 92-050, RE: PAVEMENT MANAGEMENT PLAN/ASSESSMENT POLICY.
C. APPROVAL OF ENGINEERING FIRM FOR CITY'S 1993 STREET IMPROVEMENT
PROJECTS.
NOVEMBER 10, 1992 COUNCIL AGENDA
PAGE 2
X. UNFINISHED BUSINESS.
A.. ORDINANCE 1992-010, RE: REZONING KENZIE TERRACE (2ND READING).
B. . ORDINANCE 1992-009, RE: HOUSING MAINTENANCE CODE (3RD READING).
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
2
REGULAR COUNCIL MEETING
40 OCTOBER 27 , 1992
6
7
8 1 . CALL TO ORDER/PLEDGE OF ALLEGIANCE
9
10 The meeting was called to order, at 7 : 30 p.m. and the Pledge of
11 Allegiance was led by Mayor Ranallo.
12
13 2 . ROLL CALL
14
15 Council Present : Mayor Ranallo, Councilmembers Marks , Enrooth,
16 Fleming and Wagner
17
18 Staff Present : City Manager Burt and City Attorney Soth
19
20 3 . APPROVAL OF AGENDA FOR THE OCTOBER 27 , 1992 COUNCIL MEETING
21
22 Motion by ,Marks , second by Fleming to approve the Council
23 agenda for the October 27 , 1992 Council Meeting as presented .
24
25 Mayor Ranallo stated he has spoken to the City Attorney
26 regarding 'the Housing Maintenance Code Ordinance and the Sign
27 Ordinance. With regard to this conversation, he will be
28 commenting on his remarks made at the October 13, 1992 Council
0 Meeting.
31 Motion carried unanimously
32
33
34 4 . APPROVAL OF OCTOBER 13 , 1992 COUNCIL MEETING MINUTES
35
36 Motion by Marks , second by Wagner to approve the minutes of
37 the October 13 , 1992 Council Meeting with the following
38 corrections :
39
40 page 3 , lines 8 & 9 : This sentence should read as follows :
41 "Councilmember Wagner inquired why the City is remitting
42 $5, 250 . 00 when the total is $7 , 134 . 19 and the City' s share
43 appears to be more . "
44 page 5, lines 25 , 26 & 27 : This sentence should read as
45 follows : "He noted that he had been told by others that the
46 City Council and the School Board have a record of very good
47 cooperation 'in recent years . "
48 page 6, line 1.8 : Change "Fire" to "Police"
49 page 9, line 32 : Correct "Police Department" to " legislative
50 mandates"
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 2 •
4
5
6
7 page 10 , line 32 : Correct "Accountant" to "Auditor"
8 page 14 , lines 41 through 44 : Mayor Ranallo requested that
9 this entire paragraph be deleted from the minutes . He has
10 spoken to the City Attorney regarding the Housing Maintenance
11 Code and the Sign Ordinance and some matters of concern were
12 explained.
13
14 Motion carried unanimously
15
16
17 5. LICENSES/PERMITS/PETITIONS
18
19 Contractor ' s Licenses
20
21 Motion by Marks , second by Enrooth to approve the contractor' s
22 license application submitted by Ravenwood Construction of
23 Cedar, Mn . .
24
25 Motion carried unanimously
26
27
28 Motion by Marks , second by Enrooth to approve the contractor' s •
29 license application submitted by Shad-'Tracy Signs , Inc. of
30 Oronoco, Mn .
31
32 Motion carried unanimously
33
34
35 Cigarette Licenses
36
37 Motion by Marks, second by Enrooth to approve the cigarette
38 license application submitted by Stop-N-Save, 3249 Stinson
_39 Bou l-evard.
40
41 Motion carried unanimously
42
43
44 Motion by Marks , second by Enrooth to approve the cigarette
45 license application submitted by Apache Amoco, 3700 Silver
46 Lake Road.
47
48 Motion carried unanimously
49
50
1 REGULAR COUNCIL MEETING
2 OCTOBER 27, 1992
0 PAGE 3
5
6 Heating License
7
8 Motion by Marks , second by Enrooth to approve the heating
9 license application submitted by C.O. Carlson Air Conditioning
10 Company of Minneapolis , Mn .
11
12 Motion carried unanimously
13
14
15 Service Station License
16
17 Motion by Marks , second by Enrooth to approve the service
18 station license application submitted by Stop-N-Save, 3249
19 Stinson Boulevard .
20
21 Motion carried unanimously
22
23
24 Motion by Marks , second by Enrooth to approve the service
25 station license application submitted by Apache Amoco, 3700
26 Silver Lake Road .
27
Mot.ion carried unanimously
31 3 . 2 Beer Retail
32
33 Motion by Marks , second by Enrooth to approve the 3 . 2 .beer
34 retail license application submitted by Stop-N-Save, 3249
35 Stinson Boulevard.
36
37 Motion carried unanimously
38
39 6. PRESENTATION OF CLAIMS
40
41 A. Maier Stewart and Associates
42
43 Motion by Marks , second by Wagner to approve payment in the
44 amount of $672 . 13 to Maier Stewart . and Associates for
45 engineer ing.services from August 30 through September 26, 1992
46 regarding Kenzie Terrace sidewalk project, Phase II .
47
48 Motion carried unanimously
49
50
I REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 4 •
4
5
6 B. Maier Stewart -and Associates
7
8 Motion by Marks , second by Wagner to approve payment in the
9 amount of $6, 757 .70 to Maier Stewart and Associates for
10 engineering services rendered from August 30 through September
11 26 , 1992 for the water system plans and specifications . This
12 is to expand the facility for appropriate pumping capacity.
13
14 Motion carried unanimously
15
16 C. Maier Stewart and Associates
17
18 Motion by Marks , second by Wagner to approve payment in the
19 amount of $5, 830 . 50 to Maier Stewart and Associates for
20 engineering services rendered from August 2 through August 29,
21 1992 for the water system plans and specifications .
22
23 Motion carried unanimously
24
25 -D. Norwest Bank
26
27 Motion by Wagner, second by Enrooth to approve payment in the _
28 amount of $250 . 00 to Norwest Bank for fees owed the paying
29 agent regarding the Liquor Store Revenue Refunding Bonds .
30
31 Motion carried unanimously
32
33 E. Sprinasted Financial Advisors
34
35 Motion by Marks , second by Wagner to approve payment in the
36 amount of $8 , 906 . 20 to Springsted Financial Advisors for
37 services rendered regarding issuance of Liquor Store Revenue
38 Refunding Bonds .
39
40 Motion carried unanimously
41
42 F. Norsk Concrete Construction Company
43
44 Motion by Marks, second by Enrooth to approve payment in the .
45 amount of $8 , 893 . 15 to Norsk Construction Company for Kenzie
46 Terrace sidewalk construction, Phase II , payment to be made
47 contingent upon the paperwork arriving at City Hall in the
48 proper form.
49
50 Motion carried unanimously
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
PAGE 5 '
5
6 G. Verified Claims
7
8 Motion by Wagner , second by Marks to approve the six pages of
9 verified claims as submitted by the Finance Director. ,
10
11 Motion carried unanimously
12
13 7 . REPORTS
1.4
15 A. Plannina Commission = October 20 , 1992 Meeting
16
17 Commissioner Werenicz attended the Council Meeting
18 representing the Planning Commission.
19
20 1 . Proposed Rezonina on Kenzie Terrace ( 2905 Kenzie Terrace,
21 2700 Coolidge Avenue and 2715 Coolidge Avenue)
22
23 The proposed rezoning is to change the Commercial designation
24 to R-1 .
25
26 Commissioner Werenicz. advised there was minimal discussion of
27 this matter by the Planning Commission . The Task Force
28 proposals were reviewed and the Planning Commission concurred
with the recommendation to change the zoning from C to R-1 .
31 The City Manager reviewed the parcels under consideration for
32 rezoning.
33
34 Councilmember Marks stated he has a potential conflict of
35 interest in this matter and will abstain from voting or
36 dicussing it . He . left the Council Chambers .
37
38 The City Attorney advised that technically this item should be
39 in the form of .a zoning ordinance amendment . He Will draft the
40 ordinance for publication . He noted that its passage requires
41 a four/fifths vote of the City Council . He also stated that
42 the City Council could hold all of the readings or
43 waive them..
44
45 The Mayor responded that the Council has a policy of not
46 waiving the reading of, an ordinance so the public would have
47 an opportunity for comment .
48
49 The City Attorney suggested that the first reading could be
50 held at this meeting and would constitute a public hearing.
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 6
4
_5
6 The City Manager felt the public hearing requirements were met
7 with the public hearing held by the Planning Commission .
8
9 Motion by Wagner , second by Enrooth to approve the first
10 reading of the ordinance which would rezone the aforementioned
11 parcels on Kenzie Terrace from C to R-1 .
12
13 Roll call : Enrooth, Fleming, Wagner, Ranallo - aye
14 Marks - not present
15
16 2 . Sideyard Setback Variance Reauest - John Novak , 2608 West
17 Armour Terrace
18
19 Commissioner Werenicz advised that Mr . Novak is 'requesting a
20 variance of one foot , four inches to accommodate the enlarging
21 of his garage. Mr . Novak wishes to make space for two vehicles
22 and be able to attach the garage to the house.
23
24 Commissioner Werenicz noted that some members of the Planning
.25 Commission had felt the strict letter. of the law be adhered to
26 but recognized the legitimacy of Mr. Novak ' s request .
27
28 Regarding the hardship factor for granting the request , •
29 members of the Commission suggested that the ordinance may be
30 what As creating the hardship. It was felt by Commission
31 members that perhaps all of the parking ordinances should be
22 reviewed. The Planning Commission recommended the granting of
33 the variance request on a vote of five to two on the condition
24 that the property lines be clearly defined.
35
36 Commissioner Werenicz advised that the neighbor to the east of
37 Mr. Novak, John Dotolo, expressed concern regarding the exac t
38 property lines . The City Manager noted that a surveys not
29 being requested, but rather that the lot lines be identified
40 and the monument stakes be found. This would also impact on
41 the variance.
42
43 Councilmember Fleming inquired if Mr . Dotolo has signed the
44 memo from the neighbors which . stated they had no problem with
45 the granting of the variance. Mr. Dotolo replied he had not .
46 signed the memo and was concerned with a flower bed in his
47 yard which will be affected by this garage enlargement . He
48 prefers that the garage be left the way it presently is .
49
50
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
PAGE 7
5
6 Councilmember Marks observed that the City now requires a two
7 car garage with new construction .
8
9 Commissioner Werenicz noted that we are dealing with a 1950 ' s
10 ordinance which could be viewed as a hardship.
11
12 Mayor Ranallo stated that the City is requesting all residents
13 to remove their vehicles from the streets . He requested that
14 the Planning Commission consider this when it is reviewing the
15 parking ordinance. -The City Manager advised he will bring some
16 updated suggestions to the Planning Commission when it
17 considers the ordinances .
18
19 Councilmember Enrooth felt this may be a safety factor in
20 wanting the door directly into the house .
31
22 Mr . Dotolo inquired how close a garage can come to a house. He
23 noted that the overhangs are going to be eight feet or closer
24 to his home and that of Mr. Novak.
25
26 The Mayor inquired if a safety factor, such as access of fire
27 trucks, is a consideration . The City Manager responded that
overhangs are no longer considered when a garage is attached
to a house. There is no need to gain access to a back yard by
30 emergency vehicles as fire safety can be addressed with
31 equipment rather than trucks .
32
33 Councilmember Marks requested a definition of the hardship
34 which applies to this particular situation.
35
36 Commissioner Werenicz responded that the present ordinance,
37 which reqires fifteen feet total , is creating the hardship for
38 thirty to forty year old homes where there are single . car
39 garages.
40
41 Motion by Fleming, second by Wagner to approve the variance
42 request for one foot , four inches from the requirement of a
43 total of fifteen feet in , order to expand a single car garage
44 to a double car garage for John Novak, 2608 West Armour
45 Terrace.
46
47 Motion carried unanimously
48
49 3 . Road Reconstruction Task Force Final Report and Proposed
50 Assessment Policy
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 8 •
4
5
6 Commissioner Werenicz advised that Connie Kozlak, who chaired
7 the Road Reconstruction Task Force, gave the report .
8
9 The Planning Commission recommends that the City Council move
10 ahead in implementing the Ten- Year Plan as recommended by the
.11 Task Force. The Mayor noted that the same plan was presented
12 to the City Council as was presented to the Planning
13 Commission .
14
15 The City Manager stated that Ms . Kozlak is employed by the
16 Metropolitan Council and has access to information regarding
17 the criteria for sidewalk placement . He noted that sidewalks
18 are a consideration for heavily trafficed thoroughfares and
19 adjacent to commercial areas .
20
21 Traff is counts wi 11 be taken on 29th and 33rd Avenues adjacent
22 to Silver Lake Road. Councilmember Marks felt a sidewalk would
23 be 'very desirable west of Silver Lake Road on 33rd Avenue . He
24 also felt two different counts should be taken, pedestrian and
25 vehicular. The City Manager felt counts east of Silver Lake
26 Road on 33rd Avenue may not be useful as students who go to
27 the school on that street have a habit of not using sidewalks .
28 •2_9 The Mayor inquired if neighborhood meetings will be held to
30 explain the street reconstruction. The City Manager stated
31 that they would and costs, timeframes and inconveniences of
32 street construction will be addressed . The Engineer will
33 conduct the neighborhood meetings .
34
35 The City Manager felt that Old Highway #8 was a good example
36 of a good improvement . He suggested that some property owners
27 will object to the assessments for the reconstruction, but
38 that most will want to invest in improving St . Anthony..
39
40 The City Attorney cautioned that no assessment can exceed the
41 value of the improvements to the assessed property.
42
43 Press releases will be sent out by staff to advise all
-44 affected property owners of the impending improvements and of
45 the neighborhood meetings .
_46
47 4 . Proposed Central Park Improvements
48
49 Commissioner Werenicz advised that Jerry Hanson, representing
50 the Athletic Sports Boosters, presented a proposal from that
I REGULAR COUNCIL MEETING
OCTOBER 27 , 1992
40 PAGE 9
5
6 organization for improvements to Central Park . The Sports
7 Boosters are willing to contribute $75, 000 to the improvement
8 project . Members of the Planning Commission felt any
9 improvement is good for the City and favored the proposal
10 presented . Some commissioners did express concern regarding
11 losing two adult softball diamonds and the lack of plans for
12 the needs of older adults . It was felt the survey results
13 would be very helpful in defining what the City ' s residents
14 desire.
15
16 The City Manager advised that the Planning Commission approved
17 the concept to improve Central Park but did not approve this
18 particular proposal . He agreed that the survey will tell quite
19 a bit about the needs of residents .
20
21 Councilmember Marks inquired if there is going to be a walking
22 area and advised this was included in the proposal . There is
23 a shortage of soccer and softball fields .
24
25 The City Manager said this will be an agenda item for a
26 Council work session .
27
Councilmember Enrooth noted that if this proposal is approved
i-t could limit what could be done with the rest of the park .
30 The City Manager stated that if the drainage system on the
31 football field were eliminated, space could, be provided for a
32 soccer field .
33
34 Councilmember Enrooth observed that a comprehensive approach
35 is needed for all park land. He felt this was a good beginning
36 from others to do something with the parks .
37
38 The City Manager noted that as the discussion went on at the
39 Planning Commission meeting more flexibility was initiated . He
40 felt the City has really nothing to say if the School Board
41 approves the proposal .
42
43 The Mayor requested the City Manager to check with the School
44 Board regarding the use of funds from pull tab operations . He
45 also requested him to find out if the funds can be dedicated
46 to a certain project and given to the City or the School Board
47 to hold in a special Park Fund.
48
49 The City Manager advised that all of the $75 , 000 is not being
50 given ,in one lump sum. He noted that the Sports Boosters are
•
I REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992 •
3 PAGE 10
4
5
6 fearful of losing the funds if they are not spent by the end
7 of the year but this is not accurate .
8
9 Recognizing that a property owner was present to discuss
10 Ordinance No. 1992-009, the Council moved this item up on the
11 agenda .
122
13 UNFINISHED BUSINESS
14
15 A. Ordinance No . 1992-009, Re: Housina Maintenance Code
16 (Third Reading)
T7
18 Jerry Cowan , 3316 Croft Drive, is the co-owner of the
19 Macalester Manor Apartments . He stated he knew nothing of the
20 ordinance until early this afternoon and has had 'limited time
21 to review it . The City Manager said he had advised Mr. Cowan ' s
22 partner of the ordinance in its draft form. It was the opinion
23 of the City Manager that apartment owners had concerns with
24 this ordinance, particularly regarding the impact of proposed
25 security systems .
26-
27 He noted that few apartment complexes have security systems
28 and suggested that they could perhaps be "grandfathered in" •
29 and be installed only when major repairs are being made to the
30 facilities . His concern with this is that some owners may put
31 off doing needed repairs to avoid having to install security
32 systems which 'coul.d be a financial strain .
33
34 Mr . Cowan noted that "security" is defined by the Multiple
35 .Housing Association as " limited access" so the owners would
36 not be liable for something which they would have limited
37 control over . He also questioned the requirements of having a
38 deadbolt lock .
39
40 The City Manager suggested that this entire section on
41 security systems could be removed. He noted that most new
42 complexes already have them and they are used as a marketing
43 tool . He felt there may be question as to how beneficial this
44 section would be to the City. He also 'noted that the intent of
45 the Housing Maintenance Code was to maintain aesthetics and
46 this section does not address that .
47
48 The Mayor felt security was important in these facilities . The
49 City Manager stated the "controlled" entrance requirement is
50 the problem. He also noted there will probably not be any more
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
PAGE 11
5
6 apartments built in the City . Mr. Cowan advised that
7 Macalester Manor Apartments do not have foyers so this would
8 pose a .problem in meeting the ordinance requirements . The City
9 Manager noted that this was the case with Diamond Eight
10 Terrace as well .
11
12 The City Attorney suggested that this section, which is a
13 requirement of the State .Building Code, be removed and that
14 Section B be relabelled as Section A.
15
16 The City Manager felt the Third Reading of the Ordinance
17 should be delayed for . additional comments and input .
18 , , .
19 The ordinance was reviewed page by page. The height
20 requirement of twelve inches from the ground for the storage
21 of wood was removed from the ordinance. The purpose of this
22 height was to deter the storage of wood in the front yards of
23 properties and to keep rodents out of wood piles .
24
25 The City Manager noted that "prevailing" was removed from the
26 section on Yard Cover as it is difficult to define within the
27 boundary of community standards . The Mayor has observed there
are some yards without any yard cover and they do not present
a pleasant appearance.
30
31 Councilmember Enrooth inquired how it will be determined if a
32 sump pump is emptying into the sanitary sewer system. The City
33 Manager responded that it will be "smoked" and will require
34 fixing if it is emptying into the sanitary sewer system. The
35 Mayor felt this could cost between $250 . 00 and $400 . 00. The
36 City Manager -assured the Council that the costs would be under
37 $1 , 000 . 00 .
38
39 Councilmember Marks noted that this sump pump inflow affects
40 the I and I costs the City pays .
41
42 In Subsection 4 , page 11 , Councilmember Wagner noted a double
43 negative and requested the sentence be corrected.
44
45 Councilmember Marks was of the opinion that the section on
46 Composting should be deleted in that it attempts to fix a
47 problem which does not exist .
48
49 Noting that most compost piles are placed on lot lines , the
50 Mayor was of the opinion that this section should remain .
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 12 •
4
5
6 He has received complaint calls from residents regarding their
7 neighbor ' s composting practices .
8
9 When the City Manager spoke to the issue of grooming of trees
10 and brush, the Mayor recalled receiving a call from a resident
11 who was having problems with a neighbor ' s tree . He recommended
12 that the resident speak directly to the neighbor. This was
13 done and the problem was cooperatively resolved. The . Mayor
14 felt many problems are really lack of communication.
15
16 The City Manager is of the opinion that this ordinance will
17 affect relatively few people.
18
19 Mr . Cowan had other concerns with enforcement of the
20 ordinance . A specific instance he quoted was the section
21 regarding keeping a unit clean and orderly. The City Manager
22 advised that the Ramsey County Sanitation Department could be
23 contacted if there is a situation regarding habitability in
24 the Macalester Manor Apartments .
25
26 Mr . Cowan also questioned the possiblity of having a
27 questionable chemical in the cabinets . If this is the case,. he
28 inquired if they would have to be replaced and if the •
29 substance is considered hazardous . He also had questions
30 regarding the section on ventilation . The City Manager will
31 follow through on these concerns . He advised that State
32 Building Code requirments are the guiding force behind this
33 ordinance.
34
35 The City Attorney noted that a provision has been added to the
36 ordinance whereby if there are any conflicts between the
37 ordinance and State Code, the State Code will prevail .
38
39 Mayor Ranallo -requested that all members of the Council
40 carefully study this ordinance when it is received. The City
41 Manager will have it to them the Friday before the next
42 Council Meeting.
43
44 Motion by Enrooth, second by Fleming to table this ordinance
45 until the next Council Meeting.
46
47 Motion carried unanimously
48
49 B. COUNCIL REPORTS
50
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
0 PAGE 13
5
6 1 . Report of Councilmember Wagner-
7
8 Councilmember Wagner had nothing to report at this time .
9
10 2 . Report of Councilmember Fleming
11
12 Councilmember Fleming attended the Candidates Meeting
13 hosted by the St . Anthony Chamber of Commerce . Candidates
14 for the House and Senate participated in the meeting.
15 Councilmember Fleming noted that Tom Burt served as the
16 Facilitator and did a very commendable job.
17
18 She also attended the Fire Station Open House and felt
19 that a very good job was done but the attendance was not
20 very high . The Mayor recalled that in prior years there
21 were pumpkins available at this Open House .
22
23 Councilmember Fleming has received a request from Ed
24 Grabowski , a resident of Autumn Woods, regarding moving
25 the polling place from the Fire Station to Autumn Woods .
26 She was advised this would not be possible.
27
0 3 . Report of Councilmember ,Marks
30 Councilmember Marks noted that in previous reports
31 regarding prosecutions in the City, the information
32 included the exact blood alcohol content of arrested
33 individuals . The reports now: only state whether it was
34 higher than ten percent .
35
36 Recommendations received from the Association of
37 Metropolitan Municipalities regarding Metropolitan
38 Government were a disappointment to Councilmember Marks .
39 He noted that the recommendations about the Regional
40 Transit Board and the Metropolitan Transit Commission
41 were particularly impacted with the recommendations on
42 acquiring rail beds and going forth with Light Rail
43 Transit projects .
44
45 Councilmember Enrooth stated that the AMM has spent
46 considerable time on the issue of the Regional Transit
47 Board. He noted that this board does not function like
48 some others and that it lacks direction .
49
50 Councilmember Marks felt nothing was happening on Light
•
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 14
4
5
6 Rail Transit and the Legislature has virtually stopped
7 any progress of this issue . He stated the example of
8 Commissioner ' s Derus ' proposal for LRT..
9
10 4 . Report of Councilmember Enrooth
11
12 Councilmember Enrooth had nothing to report at this time.
13
14 5 . Report of Mayor Ranallo
15
16 Mayor Ranallo reported he has received a number of calls
17 regarding the group home on Silver Lake Road. The City
18 Manager stated he will have additional information on the
19 owners and caregivers of this group home. He noted that
20 this will be the third group home in the City. It is for
21 autistic young adults and will have twenty-four hour
22 care . An Open House is planned for sometime in November .
23
24 C. REPORT OF THE CITY MANAGER
25
26 Mr . Cowan inquired how many people can reside in one
27 unit . The City Manger responded the number is four .
z88 a29 The Association of Metropolitan Municipalities Policy
30 Adoption Meeting is scheduled for November 5th . The City
31 Manager requested any Councilmembers who wish to attend
32 advise him and he will register them.
33
34 Last week the City Manager met with the owners of Apache
35 Plaza, the City 's financial advisor, and the City' s bond
36 counsel to discuss the future of the CUB project . He
37 advised that the Redevelopment Agreement will be
38 completed by the end of the year and demolition will
39 begin after that . CUB anticipates being able to open by
40 the Fall of 1993 .
41
42 8 . PUBLIC HEARINGS
43
44 There were no public hearings .
45
46 9. NEW BUSINESS
47
48 A. Resolution No. 92-047 , Re: Community Survey
49
50 Members of the Council determined that the costs for this
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
PAGE 15
5
6 community survey should not exceed $4 , 000 .
7
8 Motion by Marks , second by Enrooth to approve Resolution No .
9 92-047 being a resolution authorizing a community survey .
10
11 Motion carried unanimously
12
13
14 B. Resolution No . 92-048 , Re : Hennepin County Residential
15 Recycling Grant
16
17 The City Manager noted that Dave Urbia, the Management
18 Assistant , had reviewed some of the costs with Councilmember
Enrooth .
21 Motion by Marks , second by Wagner to approve Resolution No.
22 92-048 being a resolution approving submittal of the 1993
23 municipal grant application for the Hennepin County
24 Residential Recycling Program and entering into a contract for
25 this program.
. 26
27 Motion carried unanimously
_ C. Resolution No. 92-049 , Re: Ramsey County Recycling Grant
31
32 Motion by Marks , second by Enrooth to approve Resolution No.
33 92-049 being a resolution approving submittal of the 1993
34 Ramsey County Score Funding grant application and entering
35 into a contract for this program.
36
37 Motion carried unanimously
38
39 10 . UNFINISHED BUSINESS
40
41 - A. Ordinance No. 1992-008 , Re: Signs (Third Reading)
42
43 The Mayor had checked. with the City Attorney regarding the
44 definition of "noncommercial signs" as used in the ordinance .
45
46 The City Attorney noted that although "noncommercial signs"
47 has been used, he felt the word "political " would be
48 preferable and more accurately reflect the intent of this
49 section of .the ordinance.
50 =
1 REGULAR COUNCIL MEETING
2 OCTOBER 27 , 1992
3 PAGE 16
4
5
6 He advised this be replaced in three places in the ordinance .
7
8 It was stated that political signs are posted about three.
9 weeks before the election . Mayor Ranallo and Councilmembers
10 Marks and Wagner felt this was adequate time. Councilmember
11 Fleming opposed the time being limited to three weeks noting
12 that this procedure takes such effort .
13
14 The Mayor suggested that the time could be placed at four
15 weeks .
16
17 The City Manager advised that the street right-of way issue
18 will be on a Council work session agenda. This is in reference
19 to the placement of political signs and has proven quite
20 difficult to enforce .
21
22 Councilmember Fleming stated she had raised the issue of
23 right-of-way because it should be self-contained. The sign
24 installers have to be given correct information .
25
26 The City Manager noted that this year all candidates but one
27 have contacted City Hall regarding this issue.
28
29 The Mayor felt this should be fifteen feet from the curb and
30 . should be added to the ordinance . He also noted that the time
31 restrictions for political yard signs of four weeks before the
32 election and five days after the election should apply to the
33 School Board as well .
34
35 The City Manager stated that the date of amortization will be
36 left in the ordinance and the industrial zoning was
37 inadvertantly omitted from the draft .
38
39 Motion by Enrooth, second by Fleming to approve the third
40 reading and adoption of corrected Ordinance No. 1992-008 being
41 an ordinance relat-ing to signs ; amending the St . Anthony 1973
42 Code of Ordinances by amending Chapter 14 .
43
44 Motion carried unanimously
45
46 11 . ADJOURNMENT
47
48 Motion by Enrooth, second by Fleming to adjourn the Council
49 Meeting at 9 : 20 p.m.
50
1 REGULAR COUNCIL MEETING
OCTOBER 27 , 1992
PAGE 17
5
6 Motion carried unanimously
7
8
9 Respectfully submitted,
10
11
12 Jo-Anne Student , Council Secretary
13
14
15
16
17 Mayor Clarence Ranallo
18
19
20
21 ATTEST:
22 City Clerk
23
24
25
26
27
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
�oo�l
ST . ANTHONY - NEW BRIGHTON
INDEPENDENT SCHOOL DISTRICT 282
3303 33RD AVENUE N. E.
MINNEAPOLIS, MN 55418
(612 ) 781-2757
-----------------------------------------------------------------
----------------------------------------------------------------
INVOICE
Date: October 23 , 1992
Bill To: City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418
Custodial Services:
July, 1991 Regular Services** $2 ,020.46
August, 1991 Regular Services** $2 ,020.46
September, 1991 Regular Services $2 , 402 . 23
October, 1991 Regular Services $2 ,402 . 23
November, 1991 Regular Services $2 ,402 . 23
Addl . Services 5 @ 26 .40 $ 132 . 00
December, 1991 Regular Services $2 , 402 . 23
Addl . Services 14 @ 26 .40 $ 369 . 60
January, 1992 Regular Services $ 381 . 77
Addl . Services 8 @ 26 .40 $ 211 . 20
February , 1992 Regular Services $ 381 . 77
Addl . Services 8 @ 26 .40 $ 211 . 20
March , 1992 Regular Services $ 381 . 77
Addl . Services 10 26 .40 $ 264. 00
**Regular rate less engineering costs when boilers are not in
operation
PAGE 2
April , 1992 Regular Services $ 381 . 77
Addl . Services 6 @ 26 .40 $ 158.40
May , 1992 Boiler Services 4 @ 17 . 59 $ 70.36
June, 1992 Boiler Services 6 Q 17 . 59 $ 105 . 54
TOTAL DUE $16 . 699 . 22
PLEASE REMIT ALL CORRESPONDENCE TO THE ABOVE ADDRESS
Agreement
between the City of St.Anthony and
the St.Anthony-New Brighton School District 282
To: Tom Burt,City Manager
Fr: Erma E.McGuire,Interim Superintendent
Re: Custodial Services
Dt: October 28,1991
Pursuant to the discussions, the School District will provide custodial services to the
Community Services Building for the period of July 1,1991-June 30,1992. We propose to
provide all necessary cleaning services and heating engineering services based upon the
following service and rate schedule:
1. One full-time School Keeper 2. One part-time School Keeper (50% time)
Salary: $6.39/hr 1,107.60 Salary: $5.82/hr $504.40
FICA-PERA 12.13% 134.35 FICA-PERA: 12.13% 61.18
Insurance(1,600/yr;133.33/mo) 133.33 Shift Differential - $15/mo 7.50
Uniform Allowance$110/yr 9.17
Shift Differential $15/mo 15.00
Annual Leave 80 hrs @$7.19 47.93
Total $1,44738 Total 573.08
3. Engineer(Bob Kruse 1 hr/day)
Salary:$15.69/hr x 21.7 hrs/mo. 340.47
FICA-PERA 12.13% 41.30
Total $381.77
Total Monthly Cost $2,402.23
Cost for Worker's Compensation and Unemployment Compensation are not included. These will
be billed at actual cost,if and when they occur. Cleaning Supplies will be charged when used
and at District Cost,
Costs for engineer services will be billed for only the time that boilers are in operation. Service
provided outside the normal work week will be billed 2 hours at 15 times the employee's
hourly rate for each building-check.
Other personnel, payroll and administrative costs relating to these services will be provided
by the School District at no cost to the City. These rates will remain in effect through June 30,
1992. The School District agrees to bill the City for these charges on a quarterly basis.
If this is agreeable to the City,please indicate your acceptance by signing below and returning a
copy to me. If you have any questions,please give me a call at 782-1027.
------------------------
Signed: Tom Burt,City Manager
cc: Kathy Knapp
Bob Kruse
DORSEY & WHITNEY
A P.-....11 1-...... P-1ea91T 1 COa roeT10 F!
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
(612) 340-2600
(Tom Identification No.41-0223337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, MN
Attn: Mr. Thomas D. Burt October 22, 1992
3301 Silver Lake Road Invoice No. 294938
Minneapolis MN 55418
For Legal Services Rendered Through 09/30/92
Matter: 47
General
Housing Maintenance Ordinances: Telephone
conference with D. Urbia regarding housing
maintenance ordinances; redraft housing
maintenance ordinance; letter to T. Burt regarding
housing maintenace ordinance 450.00
Sign Ordinances 125.00
Water Treatment Facility 190.00
Lawry Grove Mobile Manor 65.00
Forfeited Automobile 75.00
Attend Council Meeting on September 8, 1992 195.00
Attend Council Meeting on September 22, 1992 80.00
WRS/615
Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNEY
A P.ai.c.nsN 1 1.1—toM 1 P.—III.—C.--- !
P.O. BOX 1680
MINNEAPOLIS, MINNESOTA 55480-1680
(612) 340-2600
(Tax IAeolllicellon No. 41-0227337)
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
Client: 178820
City of St. Anthony, M
Attn: Mr. Thomas D. Burt October 22, 1992
3301 Silver Lake load Invoice No. 294938
Minneapolis MN 55418
Page 2
Review agenda materials and minutes; discussions
with City Manager 270.00
Total For Services $1,450.00
Plus Disbursements Per Attached 183.57
Total This Statement $1,633.57
Service charges are based on rates established by Dorsey&Whitney. A schedule of those rates has been provided and is available upon request.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
DORSEY & WHITNEY Invoice 295755
A P---,,INC W-.Poor...I....C-------
P.O. BOX 1680
\II\ F.:1POLIS,MINNESOTA 55480-1680
(612).340-2600
ITa.Idemiricalion.No.41.02237371
STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES
City of St. Anthony October 22, 1992
Attention: Mr. Thomas Burt
3301 Silver Lake Road
St. Anthony, Minnesota 55418
Re: $405,000 Liquor Store Revenue Refunding Bonds,
Series 1992A
City of St. Anthony, Minnesota
For legal services rendered in connection with
the issuance of the above Bonds including
preparation of a resolution authorizing
the issuance and awarding the sale of the
Bonds, various closing papers for the; conferences,
correspondence, research and telephone calls
regarding the issuance of the above Bonds; and
preparation of and rendering of legal opinion . . . . . . . . . . . . . . . . . . . . . . $2,800.00
Plus disbursements as follows:
Reproduction Charges $91.05
Messenger Service 55.71.
Total Disbursements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146.76
TOTAL DUE $2,946.76
JPG:cmn
1812 865443-10
Service charges are based on rates established by Dorsey&Whitney.A schedule of those rates has been provided and is available upon rcyucst.
Disbursements and service charges,which either have not been received or processed,will appear on a later statement.
PAYMENT DUE UPON RECEIPT
LAWOFFICES STATEMENT OF ACCOUNT
HANCE & LEVAHN
SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE. October 25, 19 9 2
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS.MINNESOTA 55418
Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS
City of St. Anthony PORTION WITH YOUR REMITTANCE.
3301 Silver Lake Road
St. Anthony, MN 55418
(M) a
AMOUNT REMITTED $
RE: Village Prosecution
DATE DESCRIPTION • $
PAYMENTS
CREDITS & ACCOUNT ADJUSTMENTS
UNPAID PREVIOUS BALANCE
FINANCE CHARGE
PROFESSIONAL SERVICES 2,400.00
Legal services rendered for the month of --
October, 1992, relative to St. Anthony
prosecution.
CURRENT FEES
NEW BALANCE DUE $ 2,400.00
MINIMUM PAYMENT DUE $
Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL
PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than$1.00,with a minimum FINANCE
CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for
that billing cycle was not paid in full within 30 days.
NOTICE: See reverse side for important information. HANCE & LEVAHN
LAWOFFICES STATEMENT OF ACCOUNT
HANCE & LEVAHN
SAINT ANTHONY NATIONAL BANK BUILDING.SUITE 200 DATE: November 04, 19 9 2
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS,MINNESOTA 55418
Thomas D. Burt, City Administrator PLEASE DETACH AND RETURN THIS
City of St. Anthony PORTION WITH YOUR REMITTANCE.
3301 Silver Lake Road
St. Anthony, MN 55418
(M) a
AMOUNT REMITTED $
RE: Village Prosecution
DATE DESCRIPTION • $
PAYMENTS
CREDITS & ACCOUNT ADJUSTMENTS
UNPAID PREVIOUS BALANCE
FINANCE CHARGE
PROFESSIONAL SERVICES 21400.00
Legal services rendered for the month of
November, 19921 relative to St. Anthony
prosecution.
CURRENT FEES
NEW BALANCE DUE $ 2,400.00
MINIMUM PAYMENT DUE $
Accounts due upon presentment of statement.A FINANCE CHARGE at a periodic rate of 1-1/3%per month,equaling an ANNUAL
PERCENTAGE RATE of 16%will be imposed upon any Unpaid Previous Balance greater than$1.00, with a minimum FINANCE
CHARGE of$0.50.The FINANCE CHARGE is applied to the outstanding balance at the end of each billing cycle,if the balance for
that billing cycle was not paid in full within 30 days.
NOTICE: See reverse side for important information. HANCE & LEVAHN
2 BRC FINANCIAL SYSTEM ST. ANTHONY VILLAC
3 11/05/92 10 : 22 Check Register GL540R-VO4 . 09 PAGE
4
S BANK VENDOR CHECK# DATE AMOUNT
e
7 FIRS FIRSTAR ST. ANTHONY CHECKING
e
9 _ _ _ 000235 __-----A__T_ & T INFORMATION SYST 3456 11/12/92 41 . 33
o 000020 AA BATTERY CO� 34-5-7-171/12/92 57 . 51
+ 007252 ALBRECHT 3458 11/12/92 104 . 22
2 000120 AMERICAN LINEN 3459 11/12/92 14 . 70
00015 AMERICAN RISK SERVICES I 3460 11/12/92 377 . 00
. 00001 AMERICANNA INN & CONF. 3461 11/12/92 75 . 83
008134 BERKLEY INS . SERVICES 3462 11/12/92 1 , 757 . 00
a 007187 BERNIES STUMP REMOVAL 346311/12/92 303 . 52
7 008153 BOB' S PERSONAL COFFEE SE 3464 11/12/92 95 . 31
e 007147 BRAD RAGAN INC 3465 11/12/92 58 .43
00$11-7-- BUSINESS RECORDS CORP. -F --36.6 11/1292- - __ __ _ - _48_.-0.4_.___
0 005116 CABLE TV NORTH CENTRAL 3467 11/12/92 9 . 59
+� . 00002 CALIBRE PRESS 3468 11/12/92 262 . 30
002335 CELLULAR ONE 3469 11/12/92 144 . 50
,a . 01300 CEMSTONE PRODUCTS CO. 3470 11/12/92 147 . 88
4 005198 CENTRAL LOCK & SAFE CO 3471 11/12/92 44 . 38
.5I __- --- 00068.5 COAST TO COAST - - 347.2- 11/12/92 141 . 69
61 000800 DAVIES WATER EQUIP INC 3473 11/12/92 168 . 93
7� . 00003 DENNISON/BERT 3474 11/12/92 50 . 00
s 000200 EARL_ANDERSON ASSOC 3475 11]12/92 74 . 53
a 001025 G & K SERVICES 3476 11/12/92 60 . 15
0 001030 G & K SERVICES 3477 11/12/92 121 . 75
008023 GARMENT GRAPHICS 3478 11/12/92 452 . 82
001145 GLENWOOD INGLEWOOD 3479 11/12/92 19 . 30
3 001180 GOODIN COMPANY 3480 _ 11/_ .
12/92 106 . 18
4�✓-- -_ 001410 HARMON GLASS 3481 _11/12/92 285 . 00
5 . 00004 HARTFORD CHEMICAL 3482 11/12/92 111 . 85
e 001505 HENN CO SHEFIFF 3483 11/12/92 399 . 11
+ 005017 HENNEPIN COUNTY TREASURE 34F4-1-012793 614 . 5-3
e 008013 I C M A 3485 11/12/92 156 . 00
. 00005 ICMA DISTRIBUTION CENTER 3486 11/12/92 28 . 50
a 007307 INTERSTATE 3487 11/12/92 4. 11
+ 001680 J C AUTO SUPPLY 3488 11/12/92 9 . 59
2 007310 JIM HATCH SALES CO. 3489 11/12/92 44 . 45
3 007102 JOHNSON/RICHARD 3 �0 3i/12/92 53 . 70
4 007230 K & V LIGHTING 3491 11/12/92 55 . 17
5 001810 KIWANIS CLUB 3492 11/12/92 202 . 00
a 000715 LEEF BROS 3493 11/12/92 105 . 86
7 002040 LILLIE SUBURBAN NEWSPAPE 3494 11/12/92 76 . 80
e 001981 LMCIT 3495 11/12/92 19 , 592 . 75
91 -- 002045 - LONG LAKE FORD TRACTOR 3496 11/12/92 18 . 52
0, 002130 MAMA 3497 11/12/92 11 . 00
+� 002135 MAUMA 3498 11/12/92 25 . 00
2'-.. 002280 MIDWEST ASPHALT CORP 34 9-l-1/1-J92 153 . 86
3 000045 MIDWEST BUSINESS PRODUCT 3500 11/12/92 362 . 29
4 005010 MINN CONWAY FIRE & SAFET 3501 11/12/92 411 .48
002.374 MrNN UC FUND - - - 3502 -17/1'Z/9-2- 5--. 70
005144 NAT 'L FIRE PROTECTION AS 3503 11/12/92 210 . 40
2 BRC FINANCIAL SYSTEM ST. ANTHONY VILLA(
3 11/05/92 10 : 22 Check Register GL540R-VO4 . 09 PAGE
4
5 BANK VENDOR CHECK# DATE AMOUNT
6
7 -- FIRS FIRSTAR ST. ANTHONY CHECKING -
e
D _ 007255 NORTHERN SANITARY SUPPLY 3504 11/12/92 24 . 28
iO 002680 NORTHERN STATES POWER 92 6 , 898 . 10
007043 NORTHERN STATES POWER 3506 11/12/92 2 , 144 . 46
I2 . 00006 OLEO, INC. 3507 11/12/92 180 . 00
3 - 007141-_ P E R INC - - 3508 11/1-2/92 1 , 278 . 68
4 002840 PERA 3509 11/12/92 58 . 78
5� _ 002860 PFEIFFER/RICHARD 3510 11/12/92 196 . 29
6 - .00007 RAMSEY COUNTY ATTY H-1-1-11/1 2/92 701 . 80
7 003200 SAVOIE SUPPLY CO 3512 11/12/92 89 . 92
8 003315 SERCO LABORATORIES 3513 11/12/92 360 . 00
9 00340---- STATE TREASURER 35T4 -1-1/12/92 350 . 90
:o 007045 STATE TREASURER 3515 11/12/92 129 . 20
A 003490 STREICHER' S 3516 11/12/92 151 . 92
:2 007311 SUBURBAN COLLISION & PAI 3517 11/12/92 20 . 00
:3 007181 SUBURBAN PROPANE 3518 11/12/92 147 . 65
:4 003540 THOEMKE/JOHN 3519 11/12/92 124 . 20
:5 008018 TREADWAY GRAPHICS 3520 -11/1-2/92 69 . 23
I6 007309 TREEMENDOUS 3521 11/12/92 207 . 68
,7 008010 UNIFORMS UNLIMITED 3522 11/12/92 53 . 87
e 003735 WASTE MGMT 3523 11/12/92 194 . 56
003820 ZAHL EQUIPMENT COMPANY 3524 11/12/92 27 . 00
,O
FIRSTAR ST. ANTHONY CHECKING - 41 , 083 . 08 *�
,2
4
5
6
7- ----- - -------- -- -- ---
B
8
1
2
3 ------ -
4
---- --- - -----------------------°-----------------6
7
8
9IO
3
4
6
7
STAFF REPORT
DATE: November 6, 1992
TO: Mayor and City Councilmembers
FROM: David Mark Urbia, Management Assistant
ITEM: APPLICANTS FOR THE ENVIRONMENTAL QUALITY/RECYCLING
COMMITTEE
BACKGROUND
The City Council selected seven members at its October 13th meeting. There are still two
vacancies. The current membership is as follows:
Committee Members
Scott Benik
Douglas J. Bergstrom
Janis Borys
Douglas A. Hall
Martin Lunde
Sandra McDonald
Keith Pearson
City Council representative -- Richard Enrooth
Planning Commission representative --to be determined-11/17/92— -- -- -- -- — - — -
Staff representative -- David Mark Urbia
These members have been notified of the committee's first meeting, Thursday, November
19, 7:00 P.M.. As a result of additional publicity in the City's Fall Newsletter, four
applications have been received for the remaining two Committee slots. The applicants are:
Carol Batzli Barkley
David J. Benke
James Cisek
Margaret Poor
RECOMMENDATION
City Council motion to approve two of the four applicants to membership to the newly
established Environmental Quality/Recycling Committee.
CITY OF ST. ANTHONY
RESOLUTION 92-050
A RESOLUTION ADOPTING THE BRAUN INTERTEC
PAVEMENT MANAGEMENT PLAN
AND AN ASSESSMENT POLICY FOR THE
CITY OF ST. ANTHONY
WHEREAS, a Road Reconstruction Task Force (RRTF) was created by the City Council
to make recommendations on improvements to the aging infrastructure and
roads in the City of St. Anthony; and
WHEREAS, after review of the Pavement Management Plan proposed by the engineering
firm of Braun Intertec and an Assessment Policy, the RRTF submitted a Final
Report to the City Council, which recommended the adoption of both.
NOW,THEREFORE, BE IT RESOLVED, that the City Council of the'City of St. Anthony
hereby adopts the Pavement Management Plan prepared and submitted by Braun Intertec
and Assessment Policy (attached hereto) for the City of St. Anthony.
Adopted this day of , 1992.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
• CITY OF ST ANTHONY
ASSESSMENT POLICY
ASSESSMENT PERIOD:
Sanitary sewer 10 years
Water main 10 years
Storm sewer 10 years
Street construction 10 years
Street resurfacing 10 years
Sidewalks 10 years
For several improvements in the same project, the assessment will be 15 years. No assessment'for a
single improvement will exceed 10 years.
UPGRADING OF PUBLIC ROADWAYS
L
For street paving and reconstruction, 50% of the cost for a project will be obtained from sources
other than ad valorem taxes.
• All property will be.assessed on the basis of front footage as specified below. Non tax-exempt
property zoned R-1, R-IA, and R-2 is assessed a minimum of 50% of the actual cost for a 7-ton, 32
ft wide pavement with concrete curb and gutter and routine drainage. The above property will be
assessed for this type of roadway even if the width or strength is greater. All tax-exempt property
regardless of zoning class, such as, but not necessarily limited to schools, churches, parks, and
government land, will be assessed on a front footage basis at 50% of the cost of a 7-ton, 32 ft wide
pavement (even when heavier roads are constructed). All property not covered in the above is
assessed on a front.footage basis at 50% of the cost for the specific type of roadway on which they
abut. In addition to the costs above, all property may be assessed a proportionate share on a footage
basis for expenses such as right of way and easement acquisition needed for-that segment of the
project including the roadway abutting the property.
ALLEYS
Totally assessed (100%) on a front foot basis to abutting properties.
CONDOMINIUMS - RESIDENTIAL
Assessments above are spread by dividing them equally among the units.
The assessments are not divided by the percentage of space per unit.
1
CONDOMINIUMS - COMMERCIAL •
Assessments above are spread by dividing them according to the percentage of interest in
common elements.
I
MINNESOTA STATE-AID ROADWAYS
Non tax-exempt property zoned R-1, R-IA, R-2 and R-3 which abuts Minnesota State Aid (MSA)
streets shall not be assessed for improvements of such streets. All such work will be covered 100%
by Minnesota State Aid funds. All tax-exempt property regardless of zoning class, such as, but not
necessarily limited to schools, churches, parks, government land, will be assessed on a front footage
basis at 50% of the cost of a 7-ton, 32 ft wide pavement (even when heavier roads are constructed).
All property not covered in the above is assessed on a front footage basis at 100% of the cost for the
MSA roadway on which they abut.
STORM DRAINAGE
Improvement costs for storm drainage shall be paid for wholly out of the storm drainage utility fund and
not assessed to benefitted properties.
SANITARY SEWER AND WATER MAIN Laterals •
Sanitary sewer and water main laterals are assessed on a front footage basis with all types of land and
zoning being identically assessed. The assessment for corner and odd-shaped lots follows the same
formula as that stated in the public roadways section. The amount of 100% of the total cost will be
divided among the benefitted property.
SANITARY SEWER AND WATER MAIN Trunk/Subtrunk Lines
Improvement costs for sanitary and water main trunk/subtrunk lines shall be paid for wholly out of their
respective utility funds and not assessed to benefitted properties. New lines will be assessed at 1000 of
actual costs.
NON-MOTORIZED PATIIWAYS (SIDEWALKS)
Assessments for non-motorized pathways shall not be assessed to residential property abutting the project
but shall be covered 100% by ad valorem taxes. Commercial and industrial property abutting the project
shall be assessed at 50% of the actual cost.
2
•
• METHODS FOR DETERMINING FRONT FOOTAGE
ODD-SHAPED LOTS (cul-de-sacs
or lots are that are 4 sided) CU4DE-SAC and FOUR SIDED ODD SHAPED LOTS
Front footage equals average of the the area of the Assessable front footage
lot divided by the •
Area divided by the average of the two sides
two depths. See Figure 1. "21
46 It
AREA-12920 p R
1 167 R
166 R
Example:
(112 + 195)/2 = 148.5 ft
12920/148.5 • 87 ft
Figure 1.
ODD-SHAPED LOTS (With more ODD SHAPED LOTS-GREATER THEN 4 SIDES
than 4 sides)
ASSESSABLE FRONT FOOTAGE
Front footage equals the area of the AREA/AVG. DEPTH 40.8 ft
lot divided by the average depth of so n
lots in the immediate vicinity. See The event"depth to the
n0e depth of Lute In
Figure 2. uw1ho LininedL.a veanhy
Area 10,090 W R
EXAMPLE:
It the oversee tot depth 84 ft 112.8 R
U the immediate vectnny to
90 R then:
FRONT FOOTAGE
10.090/90 112.1 It 91.2 R
Figure 2. .
• 3
CORNER LOTS •
CORNERLATS
Front footage equals the dimension
of the sorter side plus one-third of AVENUE
I"ft
the long side if work is done on ASSESSABLE FRONT FOOTAGE• I"ft
both streets. If work is performed
FRONT+ 1h THE SIDE YARD fl STREET
on the short side,. front footage
equals the short side. If work is 1.Work on Street; Assessable footage-So ft.
done on the long side, front footage
equals one third of the long side. 2.Work on Avenue: Assessable footage - 15013.50 ft
See Figure 3.
3.Work on Street and Avenue:
A...ble footage=80+15013=130 ft.
Figure 3.
CORNER LOTS (With curves) •
CORNER LOTS WITH CURVES
Front footage is determined for
comer lots with curves as in corner AVENUE
lots above but with 1/2 of the curve 95 ft 62.8 ft
length'applied to the short side of
the lot and 1/2 of the curve length 70 h 1 1 _____
applied to the long side of the lot.
See Figure 4. _ 35 ft 135 STREET
13s
1/2 of the curve to applied to the street
and 1/2 the curve Is applied to the avenue
Street length Is: 35 + 62.8/2 m 66.4 ft
Avenue length Is: 95 + 62.8/2 0 126.4 R
The comer lot assessment Is then applied
Figure 4.
4
DOUBLE FRONTAGE LOTS
DOUBLE FRONTAGE LOTS
Front footage is determined similar STREET A
to a corner lot. Work on one street
is assessed full length while the 100 it
other street is assessed 1/3 of its
length. See Figure 5. ASSESSABLE FRONT FOOTAGE 11W a 140 IS TREATED AS A CORNEA LOT
100 It
STREET B
1.Work on Street A:Footage .100 R
Z Work on Street B:Footage - 10013-33.3 R
3.Work on both A and B:Footage- 100+ 10013- 133.3 R
Figure 5.
SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS
ESTABLISHMENT OF DEFERRAL: Pursuant to Minn. Stat. 435.193 et seq., special assessment
installment payments payable by senior citizens and persons retired by virtue of permanent and total
disability are deferred if payment of such installments would create a hardship.
CRITERIA: In determining whether or not a person is eligible for deferral of special assessment
• installment payments, the following criteria are established.
SENIOR CITIZENS:
Senior citizens special assessment deferral applies to qualifying special assessments against all
properties classified as "homestead" pursuant to Minn. Stat. Chapter 273, where one or more
of the owners of such property is 65 years of age or older and it would create a hardship for
the owner or owners of the property to pay the special assessment installments as they become
due.
The senior citizen shall be required:to prove eligibility for this special assessment deferral on
the basis of age.
PERSONS RETIRED BY VIRTUE OF PERMANENT AND TOTAL DISABILITY:
The special assessment hardship deferral for persons retired by virtue of permanent and total
disability applies to special assessments levied after the date of the adoption of this resolution.
This special assessment hardship deferral applies to qualifying special assessments against all
properties classified as "homestead" pursuant to Minn. Stat. Chapter 273 where,one or more
of the owners of the property is retired by virtue of a permanent or total disability and it
would create a hardship for the owner or owners of the property to pay the special assessment
installments as they become due.
5
It shall be presumed that a property owner is retired from employment by virtue of a •
permanent and total disability if:
a). The individual has in fact retired from employment; and
b). The individual suffers from the total and permanent loss of the sight of both eyes, the
loss of both arms at the shoulder, the loss of both legs so close to the hips that no
effective artificial members can be used, complete and permanent paralysis, total and
permanent loss of mental faculties, or any other injury which totally incapacitates the
person from working at an occupation which brings an income.
The owner of the properties must provide proof and verify under oath that he qualifies under
the criteria defining a permanent and total disability. In cases where exceptional and unusual
circumstances exist, the City Council may determine that a permanent and total disability
exists despite the fact that the definitional requirement of Section 2, B (3) are not met; such
cases shall be decided by the Council on a case by case basis.
HARDSHIP: It shall be presumed that a hardship exists, if:
a). The annual assessment installment exceeds 1 percent of the previous year's total
adjusted gross incomes, for Federal Income Tax purposes, for all owners of the
property; in no event shall "total adjusted gross income" include social security
benefits, railroad retirement benefits, retirement benefits attributable to employee
-contributions, disability-benefits , personal injury awards or-workers' compensation-- —.
payments.
b). All live owners of the property verify, under oath, that they meet the criteria for
establishing a,hardship by completing an application provided by the City or the
County.
In cases where exceptional and unusual circumstances exist, the City Council may determine
that a hardship exists despite the fact that the minimum income requirements of Sections
Hardship are not met; such cases shall be decided by the Council on a case by case basis.
INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at-a rate
equal to the rate charged on other assessments for the particular public improvements project the
assessment is financing.
TERMINATION OF DEFERMENT: The option to defer the payment of special assessments
pursuant to this document, shall terminate and all installment amounts previously deferred, plus
applicable interest, shall become due upon the occurrence of any of the following events:
a). The request of the property owner.
b). The death of the property owner who qualifies for the deferral, providing the
surviving owner is otherwise not eligible for the deferral.
c). The sale, transfer or subdivision of the property or any part thereof.
d). The loss of homestead status for the property,
e). The City determines that a hardship no longer exists.
•
6
APPLICATION FOR DEFERMENT OF SPECIAL ASSESSMENTS
To the City Council of St Anthony, Minnesota.
(Applicant) being first duly
deposes and states:
1. That Applicant is the owner of the following described real estate located in the City
of St Anthony, Minnesota:
2. Pursuant to Minn. Stat. S435.193, et. seq. and the St Anthony Assessment Policy,
Applicant requests deferral of the payment of special Assessment for the
Improvement.
3. In support of this request, Applicant represents as follows:
a. Applicant is over 65 years of age;
b. Applicant is permanently and totally disabled as follows:
C. Applicant's adjusted gross,income is $
4. Applicant declares that the foregoing information is true and correct and agrees to
immediately inform the St Anthony City Administrator should any of the foregoing
information change,.and agrees that if the deferral is granted, Applicant will
immediately upon termination of the deferral pay to the City the deferred assessment
with interest.
Dated:
Applicant
Subscribed and sworn to
before me this day
of , 19
Notary Public
MEMORANDUM
DATE: October 15, 1992
TO: Thomas D. Burt, City Manager
FROM: Larry Hamer, Public Works Director
ITEM: STREET IMPROVEMENT PROJECT 1993
Three quotations were received from engineering companies for street improvements for
1993.
• Total Enizineeriniz Costs
T.K.D.A. $54,175.00
HNTB $57,354.81
• MSA $44,628.00
RECOMMENDATION
Approval of Maier Stewart and Associates to perform the engineering services for the 1993
street improvement projects.
In addition, I recommend that we order feasibility studies to be prepared for assessments
to prove benefit to affected properties as per State Statute 427. A calendar of the process
will be provided.
/ CONSULTING ENGINEERS
Maier Stewart & Associates Inc.
August 31, 1992
File No: 900-117-00
1
Mr. Larry Hamer
Director of Public Works
St. Anthony-Village
3301 Silver Lake Road
St. Anthony, MN 55418
RE: ENGINEERING SERVICES
1993 CONSTRUCTION IMPROVEMENTS
ST. ANTHONY VILLAGE
Dear Mr. Hamer:
Thank you for the opportunity to submit a proposal for engineering services for your
1993 construction improvement projects. We have included an engineering services
• agreement for your review which defines in detail the scope of services costs and
responsibilities of both parties. This document will be the basis for our relationship.
We understand the 1993 construction program to be the following projects as defined
by you and described in the Braun. lnterec Pavement Management Report, dated
February, 1992:
Reconstruction Surface Tyne Len h
(Feet)
1 . 31st Avenue N.E. from Rankin
Road to Old Highway 8 Bituminous 505
2. Rozelle Road N.E. from Park
to 29th Avenue Bituminous 122
3. Penrod Lane N.E. from Edgemere
Avenue to 37th Avenue Concrete 167
4. Rankin Road N.E. from 31st Avenue
to Townview Bituminous 328
Total length 1122
1959 SLOAN PLACE, SUITE 200, ST. PAUL. MINNESOTA 55117 612-774.6021
9800 SHELARD PARKWAY,SUITE 102,MINNEAPOLIS,MINNESOTA 55441 612-546-0432 • Equal Opportunity Employer
1992 Construction Improvements
August 31, 1992
Page Two
Overlay Surface Type Length
(Feet)
1 . 36th Avenue N.E. from Roosevelt
Street to Edward Street Concrete 498
2. Belden Drive N.E. from 34th
Avenue to 35th Avenue Concrete 660
3. Rankin Road N.E. from Cul-de-
sac to start of divide Bituminous 1501
4. 27th Avenue N.E. from Stinson
Boulevard to Roosevelt Street Bituminous 392
Total Length 3051
The scope of work for these projects would be as follows:
Reconstruction
1. Remove and replace curb and gutter.
2. Remove and replace surfacing with 7 ton per axle. All roads rebuilt as bituminous
streets (except Penrod Lane, which would be concrete).
3. Remove and replace storm sewer as necessary.
4. Replace water main as necessary
5. New driveway aprons - cut driveways to match new grade Match existing width
and material.
6. No sanitary sewer replacement. City to televise. Repair on own.
7. Restoration and resigning as necessary.
8. No sidewalk is proposed.
Overlay
1. Crack sealing and patching by City.
2. Repair curb and gutter, as necessary.
•
1993 Construction Improvements
August 31, 1992
Page Three
3.1 1/2" bituminous overlay on all streets listed.
The scope of engineering services based on the attached agreement for services for
these projects is proposed as follows. (Costs are identified based on a total project
cost of $350,000 reconstruction and overlay for all proposed work.)
1. Feasibility studies prepared $4,700
(projects to be assessed to benefited properties
per State Statute 429) .
2. Prepare contract documents (plans & specifications) 18,810
3. Receipt of proposals 627
.4. Contractor sumittals 313
5. Requests for payment 627
6. Site visits for construction compliance 3,135
7. Progress meetings 313
8. Final acceptance 313.
9. Record drawings 627
10. Assessment roll (costs only) 313
11 . Construction staking 11,550
12. Assessment roll preparation 3.300
Total estimated engineering $44,628
It is assumed that no resident inspection is required and that no right of way or
easement acquisition is needed.
The schedule for the upcoming 1993 projects is broken down below:
Proiect Schedule Completion Date
City Council orders feasibility studies September 22, 1992
City Council receives feasibility studies October 27, 1992
1992 Construction Improvements
August 31, 1992
Page Four
City Council orders preliminary plans and
specifications October 27, 1992
Neighborhood meetings held of reconstruction
December, 1992
projects only
City Council approves plans and specifications
and orders advertisements for bids January 23, 1993
City Council receives plans and specifications February 23, 1993
Public improvement hearing February 23, 1993
Assessment hearing February 23, 1993
(wait 30 day legal appeal period)
Award construction contract April 13, 1993 -
Begin construction May 17, 1993
Complete _construction_ _ _ _ August 31, 1993
You will Note a couple of changes in the schedule which are of note. We have pro-
posed neighborhood meetings to get the residents involved early in the process. Held
at City Hall, they are informal reviews of the proposed improvements. We are also
proposing that the project be bid prior to a public improvement hearing on the projects.
This provides for hard costs not just estimates so people have a real sense of the true
cost of the projects. Finally, we have shown the assessment hearing the same night
as the public improvement hearing. This allows the City Council to determine the
extent of objection to the project prior to the award of a construction contract.
All of this process requires that the City Council establish written assessment policies
prior to undertaking any of this work. We can assist in preparing that document.
We would be pleased to present this proposal to the.City Council at your earliest
convenience.
Yours very truly,
MAIER STEWART & ASSOCIATES, INC.
lJ�
Thomas J. Madigan_ , P.E.
Vice President
TJM/bs
V.
CITY OF ST. ANTHONY
ORDINANCE IM--,210
AN ORDINANCE RELATING TO ZONING, REZONING
CERTAIN PROPERTY FROM COMMERCIAL TO
SINGLE-FAMILY RESIDENTIAL
The City Council of the City of St. Anthony ordains:
Section 1. The'Zoning Map adopted by Section 300 of the 1973 Code of Ordinances is
amended as to the following described property by changing the use district from C,Commercial
District, to R-1, Single Family Residence District: ,
RnAloa Restaurant
Lots 4 and 5,and the South 12 feet of Lot 3,Block 7,Murray Heights Addition to
Minneapolis, except that part of Lot 5, which lies Southeasterly of the following
described line: Beginning at a point on the East line of said Lot 5 distant 10 feet i
Southerly of the Northeast corner thereof; thence run Southwesterly to a point on
the Southeasterly line of said Lot 5, distant 1150 feet Southwesterly of the Southeast
corner thereof and there terminating, according to the recorded plat thereof, and
situate in Hennepin County, Minnesota.
Good Luck Cafe
Lots 1 and 2,Block 6, Murray Heights Addition to Minneapolis, according to the
recorded plat thereof, and situate in Hennepin County, Minnesota.
Lot 2 and Lot 3 except.for the South 12 feet thereof, Block 7,Murray Heights
Addition to Minneapolis, according to the recorded plat thereof,and situate in,
Hennepin County, Minnesota.
Section 2. Effecdve Date. This ordinance shall take effect upon its adoption and
publication according to law.
First Reading: October 27, 1992
Second Reading: November 10, 1992
Adopted: j
is
Mayor
ATTEST:
City Clerk.
Published: St. Anthony Bulletin on the day of . 1992.
l
• CITY OF ST. ANTHONY
ORDINANCE 1992-009
AN ORDINANCE RELATING TO INSPECTION AND LICENSING
OF APARTMENT BUILDINGS, AND TO HOUSING AND
MAINTENANCE; AMENDING THE ST. ANTHONY 1973 CODE OF ORDINANCES
BY AMENDING SECTION 310:00 AND BY ADDING A NEW SECTION 355:00
The City Council of the City of St. Anthony hereby ordains:
Section 1. Section 310:00 of the St. Anthony 1973 Code of Ordinances is
amended in its entirety to read as follows:
Section 310 INSPECTION AND LICENSING OF APARTMENT BUILDINGS
Section 310:00 Purpose. It-is the purpose and intent of this Section 310:00 is to
protect the health, safety and welfare of citizens of the City who have as their place
of abode a living unit in a apartment building and to protect and regulate the living
conditions of citizens residing in apartment buildings in the City.
Section 310:05 License Required. No person, partnership, corporation or other
group or entity may own or operate a apartment building in the City without the .
owner first having obtained a license in accordance with.this Section 310:00.
Section 310:10 Ayylication for Licenses. Applications for licenses are to be made by
the owner on forms provided by the City. The purchaser of a apartment building
may apply as the "owner", but any license will be contingent upon closing the
purchase and upon the applicant becoming the owner. Applications will include
the following:
(a) Name and address of owner.
(b) Name and address of a person residing or having a business office in
Hennepin or Ramsey County, Minnesota and appointed by the owner as an
agent for purposes of notices under this Section 310:00 and for service of
process upon the owner.
(c) Name and address of any managing operator or agent and the person keeping
the tenant register referred to in Section 310.
(d) Name and address of all partners if the applicant is a partnership.
(e) Name and address of all officers and members of the board of directors if the
• applicant is a corporation.
(f) Name and address of the contract for deed vendor if the apartment building is
owned under a contract for deed.
(g) Legal address of the apartment building.
(h) Number and kind of units.
(i) Height of the apartment building in stories.
(j) Exterior finish of building.
The application must be signed and sworn to by the owner, whose signature will
constitute (i) consent by the owner to be bound by notices sent to the person referred
to in Subsection 310:10(b), and (ii) appointment of that person as the owner's agent
for the purpose of service of process.
Section 310:15 Issuance and Term. Upon approval by the City Council, the City
Clerk will issue a license to the owner of the apartment building. A license will be
personal to the owner for a specified building, and no license may be transferred. If
an apartment building is sold, the purchaser may not operate the building without a
• new license. A license will terminate one year after the date issued unless renewed
under Section 310:20.
Section 310:20 Renewal. Applications for renewal, on forms-provided by the City,
must contain the same information as applications for licenses, but may be signed by
an agent or manager on behalf of the owner if there has been no change in the
application information.
Section 310:25 License Fees. License fees will be in amounts set from time to time
by resolution of the Council.
Section 310:30 Posting. The current annual license must be posted in a frame with a
glass covering in a conspicuous location in a public corridor, hallway, or lobby of the
apartment building.
Section 310:35 Tenant Register. Each licensee must maintain a current register of
tenants and occupants of the apartment building available for inspection by the City.
• -2-
Section 310:40 Inspections. The City Manager and the City's delegated officers
• inspectors are authorized to make annual inspections and inspections reasonably
necessary to enforcement of the City Code at reasonable times. The licensee will be
given written notice of all violations, directing compliance in 15 days, unless
extended by the City Manager for good cause.
Section 310:45 Revocation, Suspension, Summary Action.
(a) A license may be suspended or revoked by the Council after written notice to
the licensee specifying violations of this Code or state or federal laws or
regulations. The notice will specify the date for a hearing before the Council
at least 10 days after the notice. At the hearing, the licensee may present any
evidence relevant to the violations. After the hearing, the Council may
suspend or revoke the license if deemed necessary to protect the public
health, safety or welfare.
(b) If the violation constitutes a fire or health hazard or unsafe condition, the
City Manager may summarily close all or a portion of the apartment building.
The licensee may appeal to the Council and the City Manager will schedule a
hearing before the Council and notify the licensee of the date. The City
Manager's action will stand until the hearing and further action by the
Council.
Section 310:50 AQolicable Laws. Licenses will be subject to all applicable provisions
• of the City Code and state and federal laws and regulations. This Section 310:00 will
not be deemed to supersede or limit any other applicable law, ordinance, or
regulation.
• -3-
Section 2. The St. Anthony 1973 Code of Ordinances is amended to add a new
Section 355:00 to read as follows:
Section 355 HOUSING MAINTENANCE AND OCCUPANCY
355:00 Purpose. The purpose of this Section 355:00 is to protect the public health,
safety, and 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 cooking, 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 355:00.
• 355:05 Applicability. 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.
355:10 Definitions. The following terms will have the following meanings in this
Section 355:00:
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 355:00.
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.
r
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.
• 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 and recreation areas in parts of the structure below ground level or in
attics.
Subd. 12. Heated Water. Water heated to a temperature of not less than 120
degrees Fahrenheit, or such- lesser temperature required by government
authority, measured at faucet outlet.
Subd. 13. Kitchen. A space which contains a sink with counter working
space, adequate space for installing cooking and refrigeration equipment, and
adequate space for the storage of cooking utensils.
Subd. 14. Occupant. Any person (including owner or operator) living,
sleeping, cooking and eating in a dwelling unit or living and sleeping in a
rooming unit.
• -5-
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
355:00 to the same extent as the owner.
Subd. 17. Permissible Occul2angy. 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.
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. Safe. The condition of being reasonably free from danger and
hazards which may cause accidents or disease.
Subd. 27. SuRpl, ied. 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 355:00, they will be deemed
to be followed by the words "or any part thereof".
Section 355:15 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 dean, sanitary, fit for human occupancy, and comply with all applicable
requirements of the City Code and state and federal laws and regulations.
Section 355:20 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 dean and sanitary condition.
Section 355:25 Occupied Areas. Every occupant must maintain those portions of the
dwelling and premises he or she occupies in a clean and sanitary condition.
Section 355:30 Refuse and Recyclables. Every occupant must store and dispose of or
recycle all refuse and recyclables in a dean, 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 355:35 Storage of Wood. Wood used for fireplaces must be stacked in a
location other than the front yard setback.
Section 355:40 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 355:00.
Section 355:45 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 355:50 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 355:55 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 Fahrenheit, or such lesser temperature required by government authority,
maintained at a distance of three feet above the floor and three feet from exterior
walls in all habitable rooms, bathrooms, and toilet rooms.
Section 355:60 Removal of Snow and Ice. The owner of an apartment building is
responsible for the removal of snow and ice from parking lots, driveways, steps and
walkways on the premises. Individual snowfalls of three inches or more, or
successive snowfalls accumulating to a depth of three inches, must be removed
from parking lots and driveways within 24 hours after cessation of the snowfall.
Individual snowfalls of one inch or more, or successive snowfalls accumulating to a
depth of one inch, must be removed from steps and walkways within 16 hours after
cessation of the snowfall.
Section 355:65 Drives, Parking. The owner of an apartment building must provide
and maintain effective illumination in all exterior parking lots and walkways, .
parking areas and driveways.
Section 355:70 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:
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
t -8-
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. Lavatory 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.
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.
-9-
determines that both manual and automatic check valves are necessary to
prevent back-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 355:75 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.
Subd. 3. Electric Service. Outlets and Fixtures. Public and common-areas
must be supplied with electric service, functioning over current protection
devices, and electric outlets and fixtures, properly installed, maintained in
good and safe working condition, and connected to a source of electric power,
all in a manner prescribed by the City Code, the laws of the State of
Minnesota, and current State Electrical Codes.
Subd. 4. Minimal Thermal Standards. Heating facilities properly installed,
maintained in safe and good working condition, capable of safely and
adequately heating all habitable rooms, bathrooms, and toilet rooms to a
temperature of at least 68 degrees Fahrenheit at a distance three feet above
floor level and three feet from exterior walls at an outside temperature of -25
degrees Fahrenheit. Gas or.electric appliance designed primarily for cooking
or water heating purposes will not be considered as heating facilities, and
portable heating equipment is prohibited. A space heater employing a flame
that is not vented outside the structure in an approved manner is prohibited.
Section 355:80 General Requirements. No person may occupy or let to another for
occupancy any dwelling or dwelling unit which does not comply with the following:
Subd. 1. Foundations, Exterior Walls and Roofs. The foundation, exterior
walls and exterior roof must be substantially water tight and protected against
vermin and rodents and in sound condition and repair. The foundation
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must adequately support the building at all points. Every exterior wall must
• be free of deterioration, holes, breaks, loose or rotting boards or timbers, and
any other condition which might admit rain or dampness to the interior
portion of the walls or to the exterior spaces of the dwelling. The roof must
be tight and have no defects which admit rain, and roof drainage must be
adequate to prevent rain water from causing dampness in the walls. All
exterior wood surfaces, other than decay resistant woods, must be protected
from the elements and decay by paint or other protective covering or
treatment, and painting is required if 25% or more of the exterior surface is
unpainted or determined by the Compliance Official to be paint blistered. If
25% or more of the exterior surface of the painting of any brick, block or stone
wall is loose or has fallen out, the surface must be repaired.
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 in such relation to the adjacent wall construction as to
completely exclude rain, wind, vermin and rodents from entering the
building. Every openable window or other device 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. 5. 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
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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 strictures 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
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.
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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.
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 355:00 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 355:85 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 Building 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.
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Section 3. This ordinance will be in effect as of the date of its publication.
First Reading: September 8, 1992
Second Reading: September 22, 1992
Third Reading: November 10, 1992 Mayor
ATTEST:
City Clerk
Published in the St. Anthony Bulletin on 11992.
Adopted:
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