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HomeMy WebLinkAboutPL PACKET 10151991 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 100449 Box: 15 Folder: PL PACKETS 1990-1991 Document: PL PACKET 10151991 • CITY OF ST. ANTHONY PLANNING COMMISSION AGENDA OCTOBER 15, 1991 7:30 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. • II. ROLL CALL. III. APPROVAL OF SEPTEMBER 17, 1991 PLANNING COMMISSION MINUTES. IV. DESIGNATE COMMISSION REPRESENTATIVE TO THE OCTOBER 22, 1991 COUNCIL MEETING. V. PUBLIC HEARINGS - NONE. VI. REVIEW OF PROPOSED SIGN ORDINANCE. VII. ADJOURNMENT. 1 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING 4 5 SEPTEMBER 17 , 1991 6- 7 8 1 . CALL TO ORDER 9 10 The meeting was called to order at 7 : 30 p.m. by Chairman 11 Madden who led the Pledge of Allegiance. - 12 13 2 . ROLL CALL 14 15 Present : Franzese, Gondorchin, Murphy, Werenicz, 16 Brownell and Madden 17 18 Absent : Faust 19 20 Staff Present : City Manager Burt and Management Assistant 21 Urbia 22 23 3 . APPROVAL OF PLANNING COMMISSION MINUTES OF AUGUST 20, 1991 24 25 Motion by Brownell , second by Franzese to approve the minutes .26 of the August 20 , 1991 Planning Commission meeting with the 2277 following corrections : �9 page 2 , line 49 : change the verb "were" to "was" 30 page 7 , line 25 : delete "rewrote" and replace with "reworked" 31 page 8 , line 24 : delete "has been" and replace with "will be" 32 page 9, line 12 : delete "Road" 33 page 9, line 52 : should read, "of Stinson Boulevard and Silver 34 Lake Road on 37th Avenue was an" 35 page 10 , line 30 : insert between "ambiance" and "that" "due to 36 special unique demographic composition" 37 38 Motion carried unanimously 39 40 41 4 . DESIGNATION OF COMMISSION REPRESENTATIVE TO OCTOBER 8 , 1991 42 COUNCIL MEETING 43 44 Commissioner Werenicz will represent the Planning CoTnmission 45 at the October 8 , 1991 Council Meeting. 46 47 5. PUBLIC HEARING 48 49 A. Garret Preussner - Setback Variance Request for 2917 31st 50 Avenue 51 The applicant , Garret Preussner, is requesting a variance of 52 13 feet , 3 inches to allow for front yard setback of forty feet (ordinance requires a minimum of thirty feet or equal to the average of the adjacent property) for the construction of 1 PLANNING COMMISSION 2 SEPTEMBER 17 , 1991 3 PAGE 2 4 5 6 an addition to the existing single family dwelling at 2917 7 31st Avenue. 8 9 Chairman Madden reviewed the process for considering this 10 request . 11 12 It was noted that the forty yard setback for the existing 13 structure is allowed as it has been "grandfathered in. " 14 However , the proposed addition is subject to the provisions of 15 the ordinance, which would require a fifty-three foot , three 16 inch front yard setback (as adjoining property is the average 17 of fifty feet and 56 . 5 feet ) or a variance request . 18 19 Urbia distributed copies of the blueprint of the addition for 20 the Commission members ' perusal . He noted that there have been 21 no corrections nor additions to the plan and that there are no 22 changes to the plans which were included in the agenda packet 23 regarding footage. It was noted that there are minor changes 24 to the windows in the addition. 25 26 Urbia advised the Commission that the addition had been 27 considered for the back as requested by staff . The property • 28 owner stated that it would be difficult , if not impossible, to 29 construct the addition onto the back of the structure and that 30 the neighbors ' lots are built up and drain into his backyard, 31 therefore, an addition would interfere with proper drainage. 32 33 It was stated that staff did not view the property after a 34 heavy rainfall but were dependent on the property owner' s 35 statement that an addition onto the back would interfere with 36 proper drainage. 37 38 The City Manager advised that to place the addition on the 39 back of the structure would be more costly and considerable 40 additional work. He noted also that the proposed bay window 41 would extend out from the house and may need a variance. 42 43 Murphy inquired if any information has been gotten regarding 44 the topography in the area. The City Manager responded that 45 the topographical study has not been completed by Barr 46 Engineering at this time but it will be soon. 47 48 The City Manager observed that this is the oldest home on the 49 block. . Franzese stated that this situation is just the 50 opposite of' what is usually found, that being that the oldest 51 home is located farther back on the lot than any of the others 52 in the area. 53 . 54 1 PLANNING COMMISSION SEPTEMBER 17 , 1991 3 PAGE 3 4 5 6 Gondorchin inquired if the property -owner plans to reside all 7 of the house as well as the addition. The City Manager 8 responded that it is the intention of the property owner to 9 reside the front of the home and the addition and to reside 10 the west or the old portion of the house, which is the north 11 side, at a later date. A neighbor had requested that it all be 12 resided at the time the addition was put on. The property 13 owner had indicated to staff it would be too costly at this 14 time to reside all of the structure. 15 16 Brownell , quoting from Section 1655 . 03A of the ordinance, 17 noted that allowance for the project to within three feet into 18 the yard was acceptable so long as it does not project further 19 than three feet from the property line. The City Manager 20 mentioned this is not law yet and that the old ordinance must 21 be followed until the new ordinance has been approved. 22 Franzese recalled a situation similar to . this one where the 23 matter of encroachment was not clear. 24 25 The Public Hearing was opened at 7 : 48 p.m. 26 Preussner advised the Planning Commission it is his intention to put this addition on to make it a more family-oriented 29 home. He wants the addition with the windows and the siding to 30 make the house conform more to the neighborhood. He noted that 31 his backyard is very wet after a heavy rain and the only 32 appropriate place for the addition is on the side of the 33 house. His associate' stated that it is their goal to reside 34 the entire structure. 35 36 The City Manager had reviewed the Building Code and it stated 37 that a bay window is permitted if it does not extend more, than 38 three feet . Preussner ' s window will extend two feet from the 39 house so a variance is not necessary. 40 41 Anthony Dady has lived at his home at 2900 31st Avenue for 42 thirty years and stated that putting the addition on the back 43 of the home would be a mistake because of the drainage 44 problems . He noted that the previous owner has continual water 45 problems and had run a sump pump constantly. He felt that the 46 other homes which were built around this one were the cause of 47 the water drainage problems. He does not object to the 48 addition nor to its placement on the side of the home. 49 50 Roman Rossa, 2915 31st Avenue, stated he and his wife have no 51 objections to the project . He inquired as to the intended 2 extension of the bay window. Werenicz advised it will extend two feet to the south. Mrs . Rossa noted that all of the 4 surrounding properties go downhill to that of Preussner and I PLANNING COMMISSION • 2 SEPTEMBER 17 , 1991 3 PAGE 4 4 5 6- that all of the water from surrounding properties is deposited 7 in his backyard. She felt the drain tile which was installed 8 by the previous owner has helped to some degree. Mr. Rossa 9 noted that the hedge stops some of the water from draining to 10 the street and that some of the spring runoff is also 11 redirected by this hedge. He suggested some landscaping would 12 help. 13 14 Gondorchin inquired if anyone took exception to the siding not 15 being done when the addition is completed. He had noted some 16 anxiety from the neighbors regarding this matter. 17 18 The City Manager suggested this could be made a condition for 19 granting the variance but wondered how the variance could be 20 revoked if the siding were not completed. 21 22 Brownell reviewed with the neighbors the chronology of the 23 house building in that area, particularly the three houses 24 adjacent to Preussner ' s . It was noted that his house was built 25 in three different stages .. Madden inquired how much of his 26 house had a basement under it . Preussner responded that the 27 west two-thirds of the house has a basement and the rest has • 28 crawl space as will the addition. 29 30 The Public Hearing was closed at 8 : 00 p.m. 31 32 Brownell stated he is strongly in favor of granting the 33 variance as he feels the need for the variance is caused by 34 the ordinance since other homes adjacent to this one were set 35 farther back on the lots . 36 37 Werenicz is also supportive of granting the variance as the 38 ordinance created the hardship and the water problems are also 39 hardships . 40 41 Madden is in favor of granting the variance but noted he is 42 troubled with the siding not being completed at the time the 43 addition is put on. 44 45 Murphy is in favor of granting the variance and feels all of 46 the conditions for granting the variance are in evidence in 47 this case. He also felt the comments of the neighbors affirmed 48 the history of water problems and that it would be ill-advised 49 to build the addition onto the back of the structure. 50 51 Gondorchin stated his concern with the siding not being 52 completed in a timely fashion. He referred to a problem of 53 this kind at a home on 33rd Avenue. He inquired how the 54 requirement of completing the siding in one year could be 1 PLANNING COMMISSION SEPTEMBER 17 , 1991 _ PAGE 5 4 5 6 enforced. The City Manager stated this requirement could 7 be made a condition of the granting of the variance and if it 8 were not met , then staff could proceed through the courts 9 which is being done with the home on 33rd Avenue. 10 11 Franzese complimented Mr. Preussner for aesthetically 12 improving the neighborhood. She would favor allowing one year 13 to complete the siding. 14 15 Motion by Murphy, second by Gondorchin to approve the variance 16 of thirteen feet , three inches for 2917 31st Avenue as the 17 request does meet the three conditions necessary for approval , 18 water is a hardship, no one appeared in opposition of the 19 request , and the distance from 31st Avenue is not greater than 20 what it is currently with the existing building. The variance 21 is contingent upon the siding of the south and east sides 22 being done on the new construction at the time it is completed 23 and the north and west sides will be done within one year of 24 the granting of the variance. 25 26 Motion carried unanimously #9 Madden noted this item will be on the October 8th Council 30 Meeting agenda. He suggested to Mr. Preussner it may be 31 advisable for him to attend the meeting. 32 33 6. REVIEW OF PROPOSED ZONING ORDINANCE FOR RECODIFICATION 34 35 The City Manager inquired if members of the Planning 36 Commission wished to review the proposed zoning ordinance page 37 by page. This appeared to be the choice of the Commission 28 members . The City Manager advised that Commissioner Faust had 39 phoned in his comments previously. 40 41 The following are the concerns and discussions of the members 42 of the Planning Commission and staff regarding the proposed 43 zoning ordinance: 44 45 1600 . 04 : Franzese noted that the word "building" includes the 46 word "structure. " The City Manager felt these two words could 47 be interchangeable. Madden disagreed as did Brownell who noted 48 that the word "building" includes the word "structure" but not 49 vice versa. 50 51 1600 . 03 : Franzese observed that the date of adoption should be 52 examined regarding the status of the house on 33rd Avenue which is presently involved in court proceedings . It is non- _ conforming. 1 PLANNING COMMISSION 2 SEPTEMBER 17 , 1991 3 PAGE 6 4 5 1605 . 01 : Gondorchin noted that the definition of an alley 6 width was thirty feet . He. stated that there are streets in the 7 City which are narrower than that . Madden noted that smaller 8 dimensions could be considered as there are some alleys in the 9 City of Minneapolis which are fourteen feet . Gondorchin 10 suggested width may not need to be included in the definition 11 nor even be an issue. 12 13 1605 . 01 : Franzese noted that "apartment" includes in its 14 definition that it is designed for use as an independent 15 residence. She observed that this conflicts with Chandler 16 Place. Madden stated that an occupant of Chandler Place must 17 have a doctor ' s statement saying they are capable of 18 independent living to reside : there. Murphy observed that an 19 apartment could also go with a multiple dwelling and could 20 actually be rental space, such as a mother-in-law apartment . 21 The City Manager advised this type of arrangement must be 22 labeled as "shared" rental property. Madden recalled there is 23 a property located on Foss Road which has rental property and 24 is considered a tri-plex . He inquired as to the zoning for 25 this building. Werenicz thought it was zoned R-2 . 26 27 Gondorchin stated that duplexes and multiple family are used 28 interchangeably and should not be. These terms are defined on 29 page 4 of the Zoning Ordinance . 30 31 Referring to the definition of a "deck" , Gondorchin stated he 32 feels this should be reviewed as decks are much more prevalent 33 since the ordinance was first written. 34 35 Murphy observed that "carport" was included in the former 36 version of the ordinance but is not included in the new 37 version . Carports were discussed and a number of the 38 Commissioners expressed their dislike for these structures . 39 40 Brownell felt the difference between screening and fencing 41 should be included in the fencing section of the ordinance. 42 43 Murphy suggested that "dwelling" and "dwelling unit" be 44 consistent with the census . The City Manager noted that this 45 portion of the new ordinance is the same as the old ordinance, 46 but he will find out what criteria was used. 47 48 Werenicz stated that the definition of "garage sale" clearly 49 needs further clarification, noting this would not include any 50 items for sale on a given property which could constitute a 51 yard sale or an estate sale. He feels the present definition 52 is too narrow. 53 54 PLANNING COMMISSION _ SEPTEMBER 17 , 1991 3 PAGE 7 4 5 6- Murphy noted that the definition of "patio homes" iri the old 7 ordinance needed to be reviewed as the condos on Foss Road and 8 the Harstad development do not meet the current definition . 9 Madden explained that owners of condos do not own the land 10 under their building. Townhome owners own the building as well 11 as the land. Brownell felt the term "patio home" was a 12 marketing term. 13 14 Werenicz felt there was a typographical error in Section 15 1615. 01 referring to "Purpose. " The City Manager agreed and 16 said it should be "R-1" not "R-2" . 17 18 Murphy noted that in the single family district there is a 19 reference to "detached housing" and that a carport is 20 considered an accessory use. It was understood that carports 21 can be removed . 22 23 Franzese observed that permitted conditional uses previously 24 included day care facilities . It has been omitted in the new 25 draft of the ordinance. Brownell stated that this type of facility is referred to in the state licensed facilities section of the ordinance. The City Manager noted that the City 28 has no control over state licensed facilities . 29 30 In response to a question regarding structural damage, Urbia 31 advised that if over seventy-five percent of a structure which 32 is being used in a non-conforming use is destroyed, the owner 33 would not be allowed to rebuild with the intention of using 34 the building in the same manner. 35 36 Gondorchin referred to a permitted accessory use regarding 37 swimming pools . _The City Manager stated that the fifty foot 38 requirement has already been challenged by the Watershed 39 District and the City Council has acted on this matter. It has 40 been suggested that the setback be seventy-five feet and the 41 City Attorney is working on language to accommodate site 42 lines , screening, and fencing concerns . 43 44 Franzes,e had concern with the front yard setback requirement 45 of thirty feet . She specifically noted this would be a problem 46 on Silver Lane. The City Manager acknowledged this could be a 47 problem especially with lots located on Silver Lake. He stated 48 that language which noted a requirement of "depth of at least 49 thirty feet" is a consideration, otherwise unbuildable lots 50 could be created. 51 Kennels were discussed and the amount of animals which could be kept on a person ' s property was also discussed. Kennel 54 control is a concern of the Commission. 1 PLANNING COMMISSION 2 SEPTEMBER 17 , 1991 3 PAGE 8 4 5 .6 The issue of carports was again discussed. Some of the 7 Commissioners felt this type of structure should be removed 8 from the Code and not allowed. 9 10 1625. 05: Height dimension stated that no dwelling may exceed 11 thirty feet in height nor contain more than two stories . 12 Franzese observed that there are townhouses in the City which 13 exceed this height limit and this appeared to be a 14 discrepancy. 15 16 1635. 01 : It was noted that there are no areas presently zoned 17 B Service/Office District in the City. The City Manager 18 inquired if the Commissioners felt this section should be kept 19 or deleted. Brownell felt something should be included to keep 20 commercial zoning for the ease of the sale of property. 21 Gondorchin agreed and noted this could be a protective 22 purpose. 23 24 Those sections which address commercial properties do not 25 address adult bookstores nor bingo halls . These matters will 26 be referred to the City Attorney. 27 28 There were questions regarding the floor area ratio not 29 exceeding 1 . 0 . The City Manager felt this was really saying 30 building could be done on green space. 31 32 Brownell felt there were contradictions for minimum setback 33 requirements between subdivisions . The City Manager said this 34 section needs to be made more understandable. He also noted 35 that the definition of "slope" must be clarified. 36 37 Gondorchin had concern regarding the number of parking spaces 38 required for fast food, take out and convenience restaurants . 39 Madden shared this concern and also mentioned parking 40 requirements for travel trailers and campers . He cited an 41 instance where some citizens routinely allowed relatives to 42 live in their motor home. He felt the term " living" should be 43 defined. 44 45 Brownell felt curb cuts should be reviewed. 46 47 1655. 07: It was noted that truck trailers are not allowed to 48 project into the public streets . It was suggested that "any 49 portion thereof" be included in this section. 50 51 Some members of the Planning Commission requested the history 52 of permitted trees and tree planting be obtained. The City 53 Manager mentioned the reforestation program presently going on 54 in the City. 1 PLANNING COMMISSION SEPTEMBER 17 , 1991 PAGE 9 4 5 6 One of the comments received from Commissioner Faust was 7 regarding soil removal and filling. He suggested that beaches 8 be added to the section which requires an application for a 9 permit must be made before this procedure is' conducted. 10 it The City Manager suggested that a public hearing be held - 12 before any structure is permitted to be moved into the City. 13 He referred to the problems encountered with the home which 14 was moved onto a lot on 33rd Avenue. 15 16 1660 . 06: Submission of Final Plan was discussed and it was 17 felt that the plan received by the Planning Commission was not 18 actually the final plan but rather the preliminary plan and 19 that additions and changes can be made to these plans after - 20 they have been viewed by the Planning Commission. The City 21 Manager advised that the final plan is viewed by staff and the 22 Planning Commission holds the public hearing regarding the 23 plan. Brownell stated he prefers that the Planning Commission 24 be the body which views the final plan initially. 25 26 Franzese observed that the Planning Commission approved the 27 continuation of a non-conforming use with the approval of the 0 Preussner variance at tonight ' s meeting. 30 The City Manager noted that Councilmember Wagner had requested 31 that the City Attorney include in the ordinance revision an 32 expiration time for variances which have been approved. He had 33 suggested that one year from time of approval would be 34 appropriate. 35 36 The City Attorney will be working on the Sign Ordinance when 37 the Zoning Ordinance revisions have been completed. 38 39 7 . ADJOURNMENT 40 41 Motion by Franzese, second by Murphy to adjourn the Planning 42 Comission Meeting at 10 : 02 p.m. . 43 44 Motion carried unanimously 45 46 Respectfully submitted, 47 48 49 50 Jo-Anne Student , Planning Commission Secretary 51 52 CHAPTER 14. SIGNS - Chapter 1400 SIGNS 1400.01 Title, This Chapter will be known as the "Sign Ordinance". 1400.02 Purpose and Intent. The purpose of this Chapter is to establish a set of standards to control the erection and use of signs within standards designed to protect the health, safetj► and welfare of persons within the City and to promote the.. quality of the community with regulations that foster the safe and effective design and use of signs and enhance and maintain the physical appearance of the community. 1400.03 Scope. This Chapter applies to'all signs in the City;and describes signs_ which are prohibited, signs which may be erected only with a permit, and signs which may be erected without a permit.- This Chapter also contains certain - ted, administrative provisions for issuance of permits requirements for all signs erec and procedures with respect to variances. 1400.04 Definitions. For the purposes of this Chapter, the following terms have the meanings given them in this Section: • Subd. 1. Advertising Message. That copy on a sign describing products or services being offered to the public. Subd. 2. Animated Sign. A sign which includes action or motion. Subd. 3. Billboard. A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. Subd. 4. Business Frontage. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Subd. 5. Canopy A permanent roof structure attached to and supported by the building. Subd. 6. Changeable Copy Sign. Any sign which is characterized by changeable copy, letters or symbols, regardless of method of attachment. Subd. 7. Directional Sign. An on-premises sign designed to guide or direct pedestrian or vehicular traffic. 14-1 • Subd. 8. Electric Sign. Any sign containing electrical wiring but not including signs illuminated by an exterior light source. Subd. 9. B . Devices generally made of flexible materials, such as cloth, paper or plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. Subd. 10. Flashing ST An illuminated sign which contains flashing lights or exhibits noticeable changes in light intensity. Subd. 11. Ground Sign. Any sign which is freestanding by virtue of being structurally independent of any structure or object, and is affixed to the ground by means of a base with no visibility between the bottom of the sign and the base on which it is attached, and may make use of landscaping to enhance the appearance of the signage. Subd. 12. Historical Identification Symbols. Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. Subd. 13. Illuminated Sign. A sign designed to give forth any artificial or • reflected light, either directly from a source connected with the sign or indirectly from an artificial source, so shielded that no direct illumination from it is visible except on the sign and in its immediate proximity. Subd. 14. Identification Sign. A sign which contains no advertising but is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. Subd. 15. Pedestal. A foundation or base of a ground sign which either directly supports the signage or completely screens the supporting members of the sign. Subd. 16. Person. An individual, firm, association, organization, partnership, trust or corporation. Subd. 17. Political Sign. Any sign which states the name or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which are erected by a bona fide candidate for political office or by a person or group supporting such 14-2 • a candidate and which contains the name of the person or group chairman responsible for the erection and removal of the sign. Subd. 18. Nylon Sign. Any sign which is freestanding by virtue of being structurally independent of any structure or object other than uprights, braces or poles, without guywires or pedestal. Subd. 19. Projecting Sign. A sign other than a wall sign, which is affixed to a building and projects outward more than 15 inches from the building wall or structure. Subd. 20. Public Service Sign. Any sign primarily intended to promote items of general interest to the community. Subd. 21. Real Estate Sign. A sign pertaining to the sale, lease or rental of the real estate upon which it is located. Subd. 22. Roof Line. The uppermost line of the roof of a building, or in the case of an extended facade, the uppermost height of the facade. Subd. 23. Roof ST. A sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building. Subd. 24. ShoppingCenter. Any group of four or more retail stores or service establishments on one or more contiguous tracts of land in single ownership, compromising 18,000 or more square feet of floor area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 25. 5ign. Any structure, device, advertisement or visual representation intended to visually advertise, identify or communicate information, or to visually attract the attention of the public for any purpose unless located within a building and not visible from the exterior of the building. Without limiting the generality of the foregoing, the term includes any symbols, letters, figures, illustrations or forms painted, or otherwise affixed to a building or structure, any beacon or search light intended to attract the attention of the public for any purpose, and any structure or device the prime purpose of which is to border, illuminate, animate or project a visual representation. Notwithstanding the foregoing, the term sign shall not include official notices issued by any court or governmental body, notices posed by a public official in the performance of official duties, or traffic control signs established pursuant to governmental authority. • 14-3 • Subd. 26. Sign Surface Area. The area in square feet of the smallest rectangular figure which circumscribes the area enclosed by the actual copy of a sign including both sides of a sign with copy on both sides and including border and trim of the sign. The supports, uprights or structures in which any sign is supported will not be included in determining the sign area. Subd. 27. Street. A public highway, road, alley or thoroughfare. Subd. 28. Temporary Sign. Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric or cardboard, wallboard or other light materials with or without frames; intended to be displayed for a limited period of time only. Subd. 29. Wall Sign. A flat sign which does not tend-end more than 18 inches from the face or wall of the building upon 't s ffixed, painted or attached, running parallel for.its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Subd. 30. Wall Surface. The total surface area of the building face to which the sign is attached, including windows and door areas, measured to the • extreme outer limits of the wall surface. Subd. 31. Window Sign. A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. 1400.04 Apvli, a ion. Subd. 1. Conformity. No sign may be erected, placed, altered or moved unless in conformity with this Chapter. Subd. 2. Other Code Provisions. Nothing in this Chapter may be taken to relieve any person from complying with the provisions of any other Chapter of the City Code. 1400.05 General Requirements. Subd. 1. Sign Permit Not Required. The changing of the advertising message of a painted or printed sign, theater marquee or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Chapter and any other applicable law or section of this Code. 14-4 • Subd. 2. Hazard and Hazardous Signs. No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No private sign may contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. Subd. 3. Framework of Signs. When possible, the framework for the lateral support of a sign must be contained within the sign's body or within the structure of the building to which it is attached so as not to be visible. Subd. 4. Placement of Signs. No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof. Subd. 5. Maintenance. All signs, together with all of their supports, braces, guys and anchors, must be kept neatly painted and posted. Every sign must be maintained by the owner or person in charge of the sign in a clean, sanitary, and inoffensive condition and free of litter, rubbish and weeds. Subd. 6. Inspections. All signs for which a permit is required may be inspected by the City Manager, and a permanent record, including photographs, may be maintained. The City Manager or the City Manager's designated representative may, after notice to the owner, enter upon any property to ascertain whether the provisions of this Chapter are being complied with. The City Manager may order the removal of any sign that is not maintained in accordance with this Chapter. In addition, the following inspections will be made: (1) All signs requiring footings must be inspected to insure that suitable footings, as determined by the City Building Inspector in accordance with appropriate building-codes, have been used. Footing inspections will be required for all ground signs and pylon signs before the sign is installed. (2) Electrical inspections will be required for.any electric sign. 1400.06 Prohibited Signs. Signs that are not specifically permitted in this Chapter are hereby prohibited. Without restricting or limiting the generality the provisions of the foregoing, the following signs are specifically prohibited: Subd. 1. Balcony Signs. Balcony signs and signs mounted or supported on a • balcony. 14-5 • Subd. 2. Obstructing Signs. Any sign that obstructs any part of a doorway or fire escape. . Subd. 3. Exterior Signs: Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from exterior of the building, which by reason of position, shape, wording, color, or any other characteristic_would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety hazard. Subd. 4. Signs within the Public Right-of-way or Public Easement. Subd. 5. Searchlights Flags or Whirling Devices. Subd. 6. Signs on Glass Doors. Signs on glass doors which total sign surface area exceed 20% of the glass area of the door. The sign surface area of nameplates and address identifications and pedestrian directives such as "pull", "push", "entrance", "exit", "use other door", "caution", and other instructions shall be included with the sign surface area of all other signs on a glass door for the purpose of determining the total sign surface area of such door. Subd. 7. Signs Near Lots. _Signs other than wall signs which have any surface area or structural member closer than 10 feet to a side lot line. Subd. 8. Signs Near ProQer , Lines. Signs which project beyond the property line of-the-property upon-which-the sign_is_locat___. Subd. 9. Signs Near Roofs. Signs projecting more than 5 feet above the roof line of the structure to which it is affixed. Subd. 10. Advertising.Signs. Signs intended to be for the purpose of advertising in R-1, R-2 and multiple dwelling zoned areas, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building. Subd. 11. Signs on Walls. Wall signs having a sign surface area exceeding 15% of the area of the wall surface to which it is affixed. Subd. 12. Projecting Signs. Subd. 13. Flat Signs. Signs constructed so that the message or communication is not flat against the sign structure. 14-6 s Subd. 14. Signs Affixed to Utility Poles and Fences. Subd. 15. Emitting_Signs. Signs which emit sound, odor or visible matter. Subd. 16. Animated Sins. Subd. 17. Flashing Signs. Flashing signs except any portion giving time, temperature or weather. Subd. 13. Signs Attached to a Vehicle. Signs attached to a vehicle parked primarily for use as a sign. Subd. 19. Billboards. 1400.07 Signs Requiring No Permits. Signs described in this Chapter, if they meet all other requirements of this Chapter, may be erected without a sign permit. Subd. 1. Political Signs. All political signs of any size may be posted from August 1 in a state general election year until ten days following the State general election. • Subd. 2. Directional Sims. Directional signs having a surface area not greater than 5 square feet. Subd. 3. Construction Signs. Signs denoting the architect, engineer, or contractor; when placed-upon-work-under construction,_provided that the_ total sign surface area of.all such signs does not exceed the greater of 12 square feet or a ratio of one square foot of sign surface per 100 square feet of floor space in the construction project, up to a maximum of 32 square feet. Subd. 4. Memorial Signs. Memorial signs or tablets, or names of buildings antidote of erection when cut into a masonry surface or constructed of metal or stone and.attached to the building, not exceeding a sign surface area of 4 square feet. Subd. 5. Identification Signs. One identification sign per residential dwelling unit, which sign shall not exceed a sign surface area of 4 square feet per surface and shall have no more than two sign surfaces, and one address sign on the curb in front of each dwelling unit. Subd. 6. Thirty-Day Signs. Signs which do not have a sign surface area in excess of 32 square feet and which are erected or displayed for a period of time • not to exceed 30 days in any year. 14-7 Subd. 7. Freestanding Signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the City, not exceeding 4 square feet in sign surface area, erected on private property with permission of the land owner, and displayed for not more than 3 consecutive days. Subd. 8. Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 50% of the glass area, excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is 5 feet above the interior floor of the commercial establishment. . Merchandise displays in windows shall not be considered as part of the sign area if such display is not intended to be continued for a period of more than 8 weeks. Subd. 9. On-Site Temporary Subdivision Signs. CIne on-site temporary sign advertising a group of lots for sale within a subdivision or group of houses for sale within a housing project, provided that the total area of such sign shall not exceed 64 square feet with no single dimension in excess of 16 feet. The display of such sign shall be limited to a 6-month period. At the expiration of such period, the applicant may request a further extension of • time, otherwise the sign must be removed. Subd. 10. Temporary Signs, other than Political Signs. Temporary signs, other than political signs, pertaining to drives or events of civic, philanthropic,-educational- or religious organizations,_provided permission of the Council must be obtained to erect such signs upon or over public property- and provided further that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and must be removed within 3 days after the event. Subd. 11. Flags and Emblems. Flags and emblems of political, civic, philanthropic, educational or religious organizations. Subd. 12. Real Estate Signs. Real estate signs, provided the combined sign surface area of such is not greater than 6 square feet. Real estate signs must be removed within 7 days after the closing date. Subd. 13. Signs Affixed on Benches at Public Bus Stops. 14-8 1400.08 Signs Requiring Permits. Subd. 1. Permits Required. No person shall erect, place, rebuild, alter or move a sign, other than those described in Subsection 1400.07. Subd. 2. Permit Fees. A sign permit fee must be paid in accordance with the following schedule: Total Costs (As determined by the Fee _ City Building Inspector, including erection costs of sign) $1.00 to $500.00 $25.00 Over $500.00 $25-00 Plus $4.00 per $100.00 of costs in excess of$500.00 Subd. 3. Application For Permit. Every application for a sign permit must be accompanied by a plan or plans drawn to scale and including: • (1). The dimensions of the sign and, where applicable, the dimensions of the wall surface of the building to which it is to be attached. -_(2) The maximum and minimum height of the sign. (3) The proposed location of the sign in relation to the face of the building in front of which or above which it is to be erected. (4) The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. (5) If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. (6) Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. (7) The name and address of the owner of the sign and the address of the property where the sign is located. • 149 • (8) Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. (9) Where a shopping center's comprehensive sign plan is submitted, the plan must include the location, size, height, color lighting and orientation of all signs. (10) Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or the Manager's designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within 30 days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one year of • its issuance, or renewed. Application for renewal will consist of - the same procedures as the initial application for permit, including payment of any fee. -Subd.-5:-Shopping- Centers Comprehensive Sign Plan. _A comprehensive plan must be provided for the whole of a shopping cen ter development.-This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive plan is presented, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the plan as determined by the Council. Comprehensive Sign Plans will be reviewed by the City Planning Commission who will forward a recommendation to the Council on the appropriateness of the proposed plan. 1400.09 Ground Signs. Are permitted in all districts, subject to the following: Subd. 1. Permit Application. A permit is applied for in accordance with Subsection 1400.08. • 14-10 • Subd. 2. Height: (1) The sign does not exceed 5 feet in height , except as permitted under Subd. 4 of this Subsection. (2) The berming of a sign location will be considered in the height of a sign if the berm is more than 3 feet in height. (3) For every foot a sign is less than the maximum height permitted, there will be allowed an additional 4 square feet of sign surface area, up to a total of 12 additional square feet. Subd. 3. Surface Area: (1) Signs having one copy surface may have up to 20 square feet of surface area, plus any bonus under Subd. 3 of this Subsection. (2) Signs having two or more copy surfaces may have up to 32 square feet for all surfaces, plus any bonus under Subd. 6, B, 3 of this Subsection. Subd.4. Landscaping: (1) Signs which are landscaped in accordance with this Chapter, will be entitled to a height bonus of 3 feet (total maximum height of 8 feet). (2) The minimum required landscape area, excluding the pedestal area to qualify for the height bonus, must be at least 1.5 times the sign surface area. (3) Landscaping must consist of shrubs, plants, rocks or other decorative materials located around the pedestal. Subd. 5. Design and Location: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. (2) Signs must be located at least 5 feet from any street or other easement. 14-11 (3) To qualify for a permit, the pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the number of tenants in the structure. 1400.10 Wall Signs. The sign surface area of a wall sign may not exceed 15% of the area of the wall to which it is applied. 1400.11 District Schedules. Signs shall be permitted as set forth in the following provisions: Subd. 1. Residential. The following signs are permitted in a residential district: (1) One identification sign per dwelling unit. The sign may not exceed*a sign surface area of 2 square feet per surface and may have no more than 2 sign surfaces (for a total of 4 square feet). Additionally one address sign on the curb in front of each dwelling unit or on a freestanding mailbox. • (2) Each multiple dwelling complex will.be allowed one freestanding sign identifying the complex. The sign may not exceed 50 square feet in sign surface area. The sign structure including the sign surface area, may not exceed 150 square feet in area. The highest point of the sign may not be more than 10 feet above ground level. (3) Each church located within the corporate limits of this City, subject to approval of size, location and type by the Manager, may erect and maintain a maximum of three directional signs on municipal rights-of-way. No church may erect or maintain more than one such sign at any intersection. Subd. 2. Commercial and Limited Business. The following signs are allowed in a "B" Service Office Limited Business District and "C" Commercial Districts and may be erected after obtaining a permit and paying a required license fee. (1) One identification sign per commercial establishment. The sign may have no more than 2 square feet of surface area per lineal foot of business frontage, up to a maximum of 150 square feet. The total area of all wall signs affixed to a wall may not exceed 15% of the total area of that wall. 14-12 (2) A gasoline station will be allowed, in addition to all other authorized signs, one pylon sign to identify the gasoline brand. This sign may not exceed 30 feet in height, and must have a minimum clearance of 12 feet from the basic grade level to the lowest element of the sign surface and may not exceed 50 square feet in sign surface area. Such an establishment will also be allowed one price sign, not to exceed 8 square feet in sign surface area, for each frontage having a curb cut. Such freestanding sign and price signs will be in addition to those signs allowed in Part A of this Subdivision. (3) - Subject to approval of the Council, a shopping center may be allowed a pylon sign not exceeding 300 square feet in sign surface area. (4) A commercial establishment located within a shopping center, having no outside frontage, will be allowed a surface sign area of one-half of that which it would be allowed if it had outside frontage. (5) Commercial establishments will be allowed, in addition to all other authorized signs, one historical identification symbol, not exceeding (5) five square feet in sign surface area. Subd. 3. Light Industrial. The following signs are permitted in a Light Industrial District and maybe erected after obtaining a permit and paying required license fee. (1) One business or identification canopy or wall sign pertinent as regulated-in Subsection 1400.11, Subd. 213, or one freestanding sign as regulated and permitted in Subsection 1400.09. (2) In a district zoned for light industrial businesses, signs containing one square foot for every 100 square feet of ground floor space will be allowed up to a total sign surface area of 150 square feet. 1400.12 Adjustments and Appeals. Subd. 1. Composition. The commission of adjustments and appeals will be comprised of all of the members of the planning commission. 14-13 iSubd. 2. Powers and Duties. The commission will hear and make recommendations to the Council regarding: (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter. (2) Petitions for variances from the literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: 1. The granting of the variance. will not be detrimental to the other property in the neighborhood or City; and 2. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to; or 3.- The conditions upon.which the.application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land use classification. 1400.13 Variances. Subd. l: Variances Granted. Variances may be granted by the Council after a hearing is held by the Planning Commission and a recommendation is made to the Council. Notices will be given, and a public hearing will be held, in the manner provided in Section , Subd. , Item _ of this Code's Zoning Chapter 16. Subd. 2.. Maiority Vote. A majority affirmative vote of Council members present is required to approve a variance. Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in Section 1400.14 Non-Conforming Signs. Subd. 1. Legal Conforming. All signs existing as of March 10, 1983 conforming to the requirements of this Chapter and not requiring a permit under the provisions of this Chapter, may be maintained so long as they 14-14 continue to comply with the provisions of this Chapter, as it may fran time to time be amended. Subd. 2 Lena] Non-Conforming Signs. All signs existing as of March 10, 1983 which would be'prohibited by this Chapter, or which would require a permit under this Chapter but have not received a permit, will be deemed to be legal non-conforming signs. Legal non-conforming signs may continue to exist without a permit and without constituting a violation of this Chapter until one or'more of the following occurs: -- (1) The sign is structurally altered (except for normal maintenance) in a"way which makes the sign less in compliance with this Chapter than it was before the alteration. (2) The sign is relocated to a position making it less in compliance with this Chapter than it was before the relocation. ' (3Y The sign is replaced. (4) Any new primary sign is erected or placed in connection with the _ enterprise using the legal non-conforming sign. 1400.15 Enforcement: If a sign is in violation of this Chapter, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the City Manager may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. In the'event of failure to comply with the notice within 30 days, the City Manager may remove the sign or cause such remedial work to be done. The cost of the work performed by the City must be paid to the City by the owner of the property on which the sign is located. If payment is not made within 30 days after a statement for such costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County Treasurer for collection-in the same manner as real estate taxes. If a sign which has been removed is not reclaimed and costs paid within 30 days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign located as soon as possible. 14-15 1 CITY OF ST. ANTHONY • 2 3 REGULAR COUNCIL MEETING OF 4 5 SEPTEMBER 10 , 1991 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 Enrooth, Marks , 16 Fleming and Wagner. 17 18 Staff Present : City Manager Burt 19 20 Mayor Ranallo introduced Neal Ronquist , the new reporter for 21 the St . Anthony Bulletin. 22 23 3 . APPROVAL OF THE SEPTEMBER 10 , 1991 COUNCIL AGENDA 24 25 Motion by Marks, second by Wagner to approve the agenda for 26 the September 10 , 1991 Council meeting with the following 27 additions or revisions : 8 29 Addition of three resolutions/proclamations 30. Revision of the Peanut Day proclamation 31 32 Motion carried unanimously 33 34 4 . APPROVAL OF AUGUST 27 , 1991 COUNCIL MINUTES 35 36 Motion .by Marks , second by Fleming to approve the minutes of 37 the August 27 , 1991 Council meeting with the following 38 correction : 39 40 page 4 , line 31 : Change the date of the " 11th" to the " 14th" 41 42 Motion carried unanimously 43 44 5. REPORT OF SENATOR JOHN MARTY ON LEGISLATIVE ISSUES 45 46 Senator Marty noted he has been in regular contact with 47 members of the St. Anthony Council and the City' s staff 48 regarding various issues concerning the City. He mentioned 49 frequent conversations with staff with regard to the water 50 system. 51 52 The Senator mentioned that the issue of criminal activity will �53 be a "hot" issue during the next Legislative Session. He 54 chairs the Criminal Law Division Committee of the Senate 1 REGULAR COUNCIL MEETING 2 SEPTEMBER 10 , 1991 3 PAGE 2 4 5 6 Judiciary. He stated that as Chair he will make prevention a 7 priority in the area of criminal activity. He noted that there 8 is considerable concern among residents of the State regarding 9 sexually oriented crimes . 10 11 Environmental issues are also a priority with the Senator' s 12 constitutents as is the management of waste. He felt 13 considerable progress is being made in this area when it has 14 been left to local governments . 15 16 Another area of interest to the Senator has been elected 17 official ethics and public official conduct . He noted there 18 has been some progress in these areas but plans to pursue them 19 again in the upcoming Session. He felt the Truth In Taxation 20 Law has been helpful in educating citizens but there must be 21 increased avenues for making the public more aware of the 22 workings of local government , school boards and county 23 government . One suggestion he had for notifying the electorate 24 was placing meeting notices in various locations before the 25 budgets of each entity are set thereby allowing for citizen 26 input . 27 •28 Mayor Ranallo recalled that the Senator had been invited to 29 attend hearings regarding the distribution of storm water in 30 the south portion of the City. This has been a problem for 31 some time and appears to be caused by a 40" pipe emptying into 32 a .20" pipe. The Mayor noted that the engineering study from 33 Barr Engineering is expected to be completed in two or three 34 weeks . The study will cost approximately $25, 000 . Hennepin .35 County has contributed $5, 000 toward the cost of the study. 36 Mayor Ranallo solicited the financial assistance of the State 37 from Senator Marty, noting that perhaps the problem eminates 38 from having the outlet under a State highway. 39 40 Mayor Ranallo invited Senator Marty to attend the hearing 41 where the study will be reviewed. He noted that a 42 representative of Hennepin County will be attending the 43 hearing. The Senator requested the City Manager to advise 44 representatives of MnDot , the Watershed District and Ramsey 45 County of the hearing and invite them to have a staff member 46 attend. 47 48 The City Manager advised the Senator that a topographical map 49 of the area was done regarding groundwater runoff . He noted 50 that presently there are fifteen organizations in Ramsey 51 County dealing with -the issue of groundwater runoff . He feels 52 there is too much bureaucracy and that the intent of 53 addressing solutions is not being accomplished. • 54 1 REGULAR COUNCIL MEETING 2 SEPTEMBER 10 , 1991 PAGE 3 4 5 Councilmember Enrooth advised the Senator that Silver Lake is 6 getting polluted primarily because of runoff . He stated that 7 an application for a grant to clean up the Lake is being 8 prepared and he requested assistance from Senator Marty. 9 10 The Senator suggested that the issue of transit was another 11 example of too much bureaucracy. 12 13 Councilmember Marks , referring to the Truth In Taxation Law, 14 felt the legislation was awkward, did not aid in informing 15 citizens , and only added to the cynicism of citizens regarding 16 government . He recommended that this legislation should be 17 "sunset" quickly. The Senator responded that he was not a big 18 supporter of this legislation and that it was not really 19 effective in getting citizens involved in the budgetary 20 process . 21 22 Councilmember Marks also commented on the cooperative 23 agreements presently being used by various cities . He recalled 24 how well the City of St . Anthony' s cooperative agreements 25 worked after the tornado had hit the City. He felt the 26 Legislature is generally unaware of the agreements which have 27 been in place for many years . He referred to the Study Commission which is presently conducting business and felt this work was incredibly expensive. 30 31 Councilmember Marks noted he had recently ridden on the Moscow 32 transit system and that he was favorably impressed with it . He 33 is hopeful that a transit system can be developed which will 34 be efficient and affordable. 35 36 Senator Marty noted he is critical of the proposed Light Rail 37 Transit system because of its high costs and the few riders it 38 will service. 39 40 Mayor Ranallo thanked the Senator for coming to the Council 41 Meeting and apprising the Council of some of the activities of 42 the recent Legislative Session. 43 44 6. LICENSES/PERMITS/PETITIONS 45 46 Heatina Licenses 47 48 Motion by Marks, second by Enrooth to approve the heating 49 license for Ray N. Welter Heating Company of Minneapolis, Mn. 50 51 Motion carried unanimously 52 Motion by Marks , second by Enrooth to approve the heating license for Twin City Furnace Company, Inc. of St . Paul , Mn. 1 REGULAR COUNCIL MEETING 2 SEPTEMBER 10 , 1991 • 3 PAGE 4 4 5 6- Motion carried unanimously 7 8 Motion by Marks , second by Enrooth to approve the heating 9 license for D & D Anderson Heating and Plumbing, Inc. of 10 Cambridge, Mn. 11 12 Motion carried unanimously 13 14 Motion by Marks , second by Enrooth to approve the heating 15 license for Care Air Conditioning & Heating, Inc. of New 16. Brighton, Mn. 17 18 Motion carried unanimously 19 20 21 Rubbish Hauler License 22 23 Motion by Marks , second by Enrooth to approve the rubbish 24 hauler license for Northern Disposal , Inc. of Roseville, Mn. 25 26 Motion carried unanimously 27 •28 Contractor ' s License 29 30 Motion by Marks , second by Enrooth to approve the contractor ' s 31 license for Michael Gilgan Millwork and Hardwood Floors of 32 Eagan, Mn. 33 34 Motion carried unanimously 35 36 7. PRESENTATION OF CLAIMS 37 38 A. Barr Engineering 39 Motion by Wagner, .second by Marks to approve payment in 40 the amount of $1 , 573 . 70 to Barr Engineering for 41 professional services rendered through August 3, 1991 42 regarding Highcrest Street Outlet . 43 44 Motion carried unanimously_ 45 46 B. Barr Engineering 47 Motion by Wagner, second by Marks to approve payment in 48 the amount of $2 , 442 .00 to Barr Engineering for 49 professional services rendered during the period of June 50 30 , 1991 through August 3, 1991 regarding District #6- 51 52 Motion carried unanimously 53 • 54 1 REGULAR COUNCIL MEETING SEPTEMBER 10 , 1991 do PAGE 5 4 5 6' C. Verified Claims 7 Motion by Marks , second by Fleming to approve the three 8 pages of verified claims as prepared by the Finance 9 Director. 10 11 Motion carried unanimously 12 13 8 . REPORTS 14 15 A. Planning Commission - August 20 , 1991 16 Commissioner Brownell was in attendance representing the 17 Planning Commission. 18 19 1 . Fence Variance Request - Shamp, 3209 Edward Street 20 Mayor Ranallo advised those in attendance for this issue. 21 that it was noticed just before the Council meeting was 22 convened that prior notice of the Planning Commission' s 23 public hearing on August 20 , 1991 was not sent to all 24 affected property owners . The property owner next door to 25 Mr. Shamp' s was not included on the list of affected 26 property. owners who were to receive notice. 27 The City Manager felt the public hearing should be conducted again by the Planning Commission at its October 30 meeting. He will contact the City Attorney regarding the 31 appropriate action to be taken. 32 33 Motion by Marks , second by Enrooth to continue this 34 matter until the City Manager contacts the City .Attorney 35 regarding the appropriate action to be taken. , 36 37 Motion carried unanimously 38 39 2 . Development of Southwest Quadrant - 39th and Stinson 40 Boulevard 41 Commissioner Brownell advised the City Council that two 42 developers are interested in developing the strip mall 43 located at 39th Avenue and Stinson Boulevard. 44 45 The developers attended the Planning Commission meeting 46 of August 20 , 1991 to present their proposal for the area 47 and to discuss their ideas regarding signage for the 48 development . Of special interest to them was the monument 49 sign, the pylon sign and the directional signs. Curb cuts 50 for the parking lot were also discussed. 51 52 Commissioner Brownell noted that all of the proposed signs for this development are allowable within the sign 1 REGULAR COUNCIL MEETING 2 SEPTEMBER 10 , 1991 • 3 PAGE 6 4 5 ordinance with the exception of the pylon sign, for which 6 fifty square feet is allowed. The developers * are 7 proposing a' 160 foot sign. He feels the allowable square 8 footage for this type of sign is not realistic and 9 observed that there are probably not any pylon signs 10 within the City which are in accordance with the sign 11 ordinance. Commissioner Brownell felt this pylon sign may 12 be used to set standards for all of the other pylon signs 13 in the community which will have to be reviewed. He noted 14 that members_ of the Planning Commission expressed their 15 pleasure to these developers for coming to the Planning 16 Commission with their proposal for input before they 111 gg7 actually started their project . I9 3 . Citizens ' Study Committee - Moratorium Area, St . Anthony 20 Boulevard/Kenzie Terrace Area 21 Commissioner Brownell stated that the Planning Commission 22 is recommending that the Citizens ' Study Committee be 23 broad-based with all types of people representing 24 commercial , residential , etc. . The Planning Commission 25 felt there should be a slight weighting toward residents 26 from the area being considered in the moratorium. The 27 Planning Commission is also recommending the Council • 28 consider community meetings on this subject or a survey 29 to gather more input . No maximum size for this committee 30 was recommended by the Planning Commission. 31 32 Mayor Ranallo stated he does not want the moratorium to 33 be extended so this item will require relatively quick 34 action. 35 36 Burt felt the Task Force which addressed the "Walgreen" 37 issue has served its purpose and the City should 38 advertise for citizens to serve on the Citizens' Study 39 Committee. 40 41 Commissioner Brownell suggested that a committee 42 consisting of fifteen members may be a workable number, 43 noting that this is double the size of the Council and of 44 the Planning Commission. 45 46 The City Manager will be presenting a rough draft of the 47 charge of this Citizens ' Committee to the . Planning 48 Commission at its September 17th meeting. He will be 49 contacting other cities regarding their recommendations 50 for a planner. He would prefer to form the Citizens ' 51 Committee and then hire a planner. 52 53 Members of the City Council agreed that fifteen members • 54 was a good size for the Citizens ' Committee. 1 REGULAR. 000NCIL MEETING SEPTEMBER 10, 1991 PAGE 7 5 Councilmember Enrooth felt it was extremely important to . 6 spell out the charge of this committee. The Mayor 7 requested the City Manager to discuss this with the City 8 Attorney to avoid any conflicts . 9 10 Doug Jones , a resident , suggested that the developers of 11 the site at 39th and Stinson Boulevard be advised of the 12 pedestrian crosswalk light proposed for this location and 13 how it might impact on the plans for sidewalk 14 construction for this development . 15 16 The City Manager advised he will contact Mr. Shamp after 17 he has called the City Attorney regarding holding another 18 public hearing on his request for a variance. Mr. Shamp 19 advised the Council he has removed the lattice work on 20 the project once and felt it is a nuisance to leave the 21 project half done. He inquired if he could put the 22 lattice work back up. He was advised to leave it down. 23 24 B. Council Reports 25 26 1 . Proclamation - Kiwanis Peanut Day 27 A revised copy of the Kiwanis Peanut Day proclamation was distributed to the Council as there was an error in the date. 30 31 Motion by Marks, second by Enrooth to approve the 32 proclamation designating Friday, September 27, 1991 as 33 Kiwanis Peanut Day in the City of St . Anthony. 34 35 Motion carried unanimously 36 37 Mike Miller and Ted Holsten were spokespersons for the 38 Kiwanis Peanut Day. They distributed peanuts and took 39 donations for the fundraiser . Photos were taken of the 40 Councilmembers and Kiwanis representatives . Miller 41 requested that these photos be run in the St . Anthony 42 Bulletin and that a notice of the sale of peanuts be 43 placed on the Kiwanis sign in the entry to the City. 44 45 2 . Citizenship Day/Constitution Week Proclamation 46 Mayor Ranallo declared September 17, 1991 as Citizenship 47 Day and the week of September 17 - 23, 1991 as 48 Constitution Week in the City of St . Anthony. 49 50 Motion by Marks , second by Fleming to approve the 51 proclamation regarding Citizenship Day and Constitution 52 Week in the City of St . Anthony. Motion carried unanimously I REGULAR COUNCIL MEETING 2 SEPTEMBER 10 , 1991 3 PAGE 8 4 5 6 3. D.A.R.E. Proclamation 7 Motion by Marks, second by Enrooth to 'approve the 8 proclamation designating September 12, 1991 as D.A.R.E. 9 Day in the City of St . Anthony. 10 11 Motion carried unanimously 12 13 The City Manager advised the Council that the City' s 14 D.A.R.E. officer, Dominic, has been chosen as one of 15 three officers in Minnesota to be recogn12ed for his 16 D.A.R. E. activities . This recognition affords a day out 17 for his class which will be paid for by State D.A.R.E. 18 funds .The D.A.R.E. program starts next week in the 19 District schools. 20 21 Mayor Ranallo mentioned he has heard that Attorney 22 General Humphrey has expressed a very positive impression 23 with the relationship Dominic has with his class via the 24 D.A.R.E. Program. 25 26 The Mayor advised there is a D.A.R.E. fundraiser 27 scheduled for November 22nd. Paul Todd will be the • 28 featured entertainer at this fundraiser and a patron is 29 being sought to pay the costs of Paul Todd so that all of 30 the funds raised will go directly to the D.A.R.E. 31 Program. Local dancers will also participate in the show 32 which will be held at the High School . The tickets for 33 the show are $7 .00 . 34 35 Councilmember Wagner saw Paul Todd in Winnipeg and said 36 that Mr.Todd is very familiar with the D.A.R.E. Program. 37 His show is very family-oriented. 38 39 40 41 4 . Reolution No. 91-044 ; Being a Resolution Regarding Lead 42 in Drinking Water 43 The City Manager advised that the City' s pipes are made 44 out of copper and that the City should not be responsible 45 for paying costs for lead pipes . 46 47 Motion by Marks, second by Wagner to approve Resolution 48 No. 91-044 ; being a resolution regarding lead in drinking 49 water. 50 51 Motion carried unanimously 52 •53 5. Report of Councilmember Wagner 54 1 REGULAR COUNCIL MEETING 0 2 SEPTEMBER 10 , 1992 3 PAGE 9 4 5 6 Councilmember Wagner reported he attended the recent 7 board meeting of the Apache Merchants 'Association. He 8 noted there is renewed interest among the merchants for 9 upcoming events planned for the shopping center. 10 11 The marketing manager of the shopping center, Dennis 12 Cavanaugh, stated he is talking with representatives of 13 the Cub Stores regarding locating in the shopping center . 14 He also committed to placing a leasing agent in the 15 center . 16 17 Mayor Ranallo advised that there will be thirty-two 18 portraits on display at Apache Shopping Center of 19 Christopher Columbus for the Italian celebration in 20 October. Presently, the display is at the University of 21 Minnesota in Minneapolis . The opening ceremony and 22 entertainment for the Columbus celebration is scheduled 23 for October 6th. The portraits will be on display from 24 October 6th through October 27th. On October 27th the 25 Shopping Center will host the world' s largest spaghetti 26 dinner from noon to 5: 00 p.m. . There will be merchandise 27 booths and there have been 2 , 500 tickets ordered for the 028 dinner. At its September 10th meeting the Chamber of 29 Commerce indicated it intends to have a booth at the 30 celebration. 31 32 6 . Report of Councilmember Flemina 33 Councilmember Fleming attended a gun seminar where 34 practice shooting was done. She stated she learned a, lot . 35 36 7 . Report of Councilmember Enrooth 37 Councilmember Enrooth stated that grant money is 38 available through October 30th for a study of lake 39 conditions at Silver Lake. He had indicated previously it 40 was intended to apply for this grant . 41 42 He reminded members of the Clean-Up Day in St . Anthony. 43 Many .inquiries have been received regarding this event . 44 45 8 . Report of Mayor Ranallo 46 The Chamber of Commerce will host a Candidates ' Forum on 47 October 15th at Noon at its meeting. The candidates are 48 to include those who have f i led for the seat of Mayor and 49 for Councilmember positions . 50 51 Mayor Ranallo told the Council of an incident involving 52 a small child which took place on Labor Day around 8 : 15 � 53 a.m. . The Police and Fire personnel from St . Anthony 54 answered the call . He noted that the personnel responded 1 REGULAR COUNCIL MEETING • 2 SEPTEMBER 10 , 1991 3 PAGE 10 4 5 6- very professionally but were quite emotionally touched. . 7 The 16 month old child did not survive. 8 9 The Mayor noted that sensitivity classes were held for 10 City staff on Tuesday night following this incident and 11 the Mayor felt the activites of this class were very 12 beneficial . 13 14 9. Report of Councilmember Marks 15 Councilmember Marks represented the City on his recent 16 trip to Salo, Finland, the City' s Sister City. He said 17 the trip was incredible. He accompanied the St . Anthony 18 Civic Orchestra. This trip was arranged by Mayor Sundland 19 on his trip to Salo two years ago. 20 21 Thirty three people made the trip this year. They were 22 greeted in Salo by a City band playing the American 23 National Anthem and Councilmember Marks noted that some 24 of their flag poles had American flags flying in them. 25 26 His impression of the people of Salo was that they were 27 basically a shy people but incredibly hospitable. Members 28 of the orchestra were guests in the homes of the 29 townspeople. The homes were very neat and orderly. 30 31 Councilmember Marks , through an interpreter, extended 32 greetings from the Mayor and Councilmembers of St . 33 Anthony to the Salo City Council . The Mayor is more 34 correctly recognized as City Master. He does not preside 35 over the City Council . Forty-three people serve on the 36 City Council for Salo which has a population of about 37 20 , 000 . The representation is split by political party 38 with a parliamentary system. 39 40 Councilmember Marks brought back a Council agenda from 41 Salo. He noted that similar issues are of concern to them 42 such as water rates , etc. The Salo Council is also 43 involved in school matters as there are no independent 44 school districts such as we have in Minnesota. The Mayor 45 of Salo sent back a very colorful and expensive book of 46 life in Salo for each of the St . Anthony Councilmembers: 47 48 It was noted that there is ten percent unemployment in 49 Finland and that the country is in the worst financial 50 shape it has been in for the last fifty years . 51 52 Councilmember Marks advised that the last concert played 53 was performed in a church and part of the program was 54 dedicated to the memory of Bob Sundland. 1 REGULAR COUNCIL .MEETING SEPTEMBER 10 , 1991 PAGE 11 4 5 6- Two bands performed at this concert and the last number 7 played was "Finlandia" which was played "excellently. " 8 This number was also sung by a male chorus . Councilmember 9 Marks noted that all of this concert was recorded by a 10 local television station and a tape will be coming to the 11 City. Mayor Ranallo stated that Bill Zawislak, cable 12 representative for St . Anthony, has made arrangements for 13 a one-half hour program featuring the orchestra' s visit 14 to Salo. This program will run on local channel#16. 15 16 The President of the Salo City Council is also a member 17 of Parliament . He gave the visitors a personal tour of 18 the Parliament building. 19 20 Councilmember Marks was advised that it is the intention 21 of some residents of Salo to visit St -Anthony in the 22 future. He noted that Salo has five Sister Cities . The 23 City was bombed during the Second World War and some of 24 the rebuilding of the City was done by one of their 25 Sister City' s . 26 It was noted that the presence of saunas is very evident in every Salo home as well as in many of their other 2 buildings . 30 31 C. Report of the City Manager 32 The City Manager had nothing more to report at this time. 33 34 9. NEW BUSINESS 35 36 A. Award of Bid for Kenzie Terrace Sidewalk Construction 37 Project 38 The City Manager advised that the bid received must be 39 rejected upon advice of the City Attorney as it was adjusted 40 after the bids were opened. The City Attorney advised this 41 procedure as he noted that C.D.B.G. funds were involved with 42 this project . The second bidder could not get the bid bond. 43 44 Motion by Marks , second by Enrooth to reject all bids received 45 for the Kenzie Terrace Sidewalk Construction Project and to 46 reseek new bids . 47 48 Motion carried unanimously 49 50 B. Resolution NO. 91-042 ; Ramsey County' s Design for Silver 51 Lake Road 52 REGULAR COUNCIL MEETING 1 REGULAR COUNCIL MEETING • 2 SEPTEMBER 10 , 1991 3 PAGE 12 4 5 A revised copy of this resolution was distributed at the 6 Council meeting. The City Manager advised the Council of the 7 revision made to the resolution. The revision addressed Ramsey 8 County' s providing of additional evaluation of specific -sites 9 and issues pertaining to the Silver Lake Road Improvement 10 Project rather than a detailed design. 11 12 Motion by Enrooth, second by Wagner to adopt Resolution No. 13 91-042 being a resolution supporting a design for the 14 reconstruction of Silver Lake Road between Silver Lane and I- 15 694 . 16 17 Motion carried unanimously 18 19 Doug Jones advised that Terry Noonan, a limnologist , had 20 requested a letter from the Silver Lake Homeowners Association 21 regarding the drainage plan for the Lake to be included in the 22 sidewalk project on the south side of the Lake. It is the 23 concern of the members of the Association that the drainage 24 not go into the Lake and hopefully this is being addressed in 25 the Ramsey County reconstruction plan . Jones also noted that .26 representatives of the Rice Creek Watershed District had 27 suggested the drainage plan be redesigned and funding options • 28 be considered. 29 30 The City Manager stated that drainage was not addressed at the 31 recent meeting regarding this project but it has been 32 discussed previously. It is understood that drainage cannot be 33 directed into Silver Lake but must go through holding ponds . 34 He advised that- a re-design cannot be done and that the City 35 Attorney is presently reviewing the petition from the Rice 36 Creek Watershed District . 37 38 C. Insurance Premium Payment for Fire Relief Association 39 A memo was received from the Finance Director advising the 40 Council that .annually the City receives funds from the State 41 for Fire State Aid. This funding comes from a 2% premium 42 placed on homeowner ' s fire insurance and is designated for the 43 Volunteer Firefighters Relief Association. This funding is 44 receipted in by the City and paid out to the Fire Relief 45 Association. 46 47 Motion by Fleming, second by Marks to approve payment of 48 $20 , 233 to the St . Anthony Fire Relief Association. 49 50 Motion carried unanimously 51 52 D. Resolution No. 91-043 ; C.D..B.G. Joint Cooperation With • 53 Ramsey County 54 REGULAR COUNCIL MEETING SEPTEMBER 10 , 1991 3 PAGE 13 4 5 6 The City Manager stated that this may be a source of funding 7 for the sidewalk on the southwest side of Silver Lake. He also 8 mentioned that the City Attorney had included a caution 9 regarding a section of the Agreement on page 9. The City does 10 have a policy on excess force. 11 12 Motion by Enrooth, second by Marks to adopt Resolution No. 91- 13 043 ; being a resolution authorizing the Mayor and City Manager 14 to execute a joint cooperation agreement between the City of 15 St . Anthony and Ramsey County. 16 17 Motion carried unanimously 18 19 10 . UNFINISHED BUSINESS 20 21 There was no unfinished business on the agenda. 22 23 Mike Miller, who was at the meeting representing the Kiwanis 24 Club, noted that the City has a very good recycling 25 newsletter. The Mayor noted it is edited by Dave Urbia of the 6 City' s staff . He said that at a future Chamber of Commerce meeting Urbia and a representative of Ramsey County will be in attendance to address commercial recycling. Mr. Miller is a 29 business owner in the City. 30 31 The City Manager will be attending an ICMA Conference and will 32 not be at the September 24th Council Meeting. Dave Urbia will 33 fill in for him. 34 35 11 . ADJOURNMENT 36 37 Motion by Marks , second by Wagner to adjourn the meeting at 38 9: 10 P.M. 39 40 Motion carried unanimously 41 42 43 44 Respectfully submitted, 45 46 47 Jo-Anne Student , Council Secretary 48 49 Mayor Clarence Ranallo 50 51 ATTEST: 0 City Clerk 54 1 CITY OF ST. ANTHONY 2 CITY COUNCIL MINUTES 3 SEPTEMBER 24, 1991 4 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE. 5 The meeting was called to order at 7:30 P.M. and the Pledge of Allegiance was 6 led by Mayor Ranallo. 7 II. ROLL CALL. 8 Council present: Mayor Ranallo, Councilmembers Enrooth, Marks, 9 Fleming, and Wagner. 10 Staff present: David Urbia, Management Assistant (City Manager Burt 11 is attending an ICMA Conference in Boston, MA this 12 week). 13 III. APPROVAL OF THE SEPTEMBER 24, 1991 COUNCIL AGENDA. 14Motion by Marks, seconded by Wagner to approve the agenda for the 05 September 24, 1991 Council meeting with the following additions: 16 Selection of a Council representative to an advisory committee for hiring a 17 permanent Superintendent/Business Manager for the St. Anthony-New 18 Brighton School District #282; 19 —> Consideration of a proclamation regarding local cable programming; 20 Consideration of a resolution regarding a recycling pick up contract. 21 Motion carried unanimously. 22 IV. APPROVAL OF THE SEPTEMBER 10, 1991 COUNCIL MINUTES. 23 Motion by Marks, seconded by Wagner to approve the minutes of the 24 September 10, 1991 Council meeting with the following changes: 25 Page 11, line 25: Change word "City's" to "Cities." 26 Page 11, line 46: Change word "reseek" to "seek." 27 Motion carried unanimously. v Regular Council Meeting September 24, 1991 Page 2 1 V. LICENSES/PERMITS/PETITIONS. 2 Motion by Fleming, seconded. by Wagner to approve the temporary 3.2 beer 3 permit requested by St. Charles Borromeo Church, 2727 Stinson Boulevard for 4 the annual Mardi Gras to be held on March 1, 1992. 5 Voting on the motion: 6 Aye: Fleming, Wagner, Ranallo, Enrooth 7 Abstain: Marks (indicated he is never in favor of granting beer or wine permits) 8 Motion carried unanimously. 9 Vl. PRESENTATION OF CLAIMS. 10 A. Norwest Bank Minnesota, NA - $35,168.75. 11 Motion by Marks, seconded by Enrooth to approve payment in the amount 12 of $35,168.75 to Norwest Bank Minnesota, NA for GO sewer revenue 13 bonds. • 14 Motion carried unanimously. 15 B. Dorsey & Whitney - $1,286.70. 16 Motion by Marks, seconded by Wagner to approve payment in the amount 17 of$1,286.70 to Dorsey & Whitney for legal services rendered through July 18 31, 1991. This charge is regarding the City Attorney's work on the 19 settlement agreement with NewMech Companies in the Foss Road Lift 20 Station matter. The agreement will cover the City's legal costs. 21 Motion carried unanimously. 22 C. Dorsey & Whitney - $898.00. 23 Motion by Marks, seconded by Wagner to approve'payment in the amount 24 of$898.00 to Dorsey &Whitney for legal services rendered through July 31, 25 1991 relative to ordinance recodification. 26 Motion carried unanimously. • Regular Council Meeting September 24, 1991 Page 3 1 D. Dorsey & Whitney - $2,395.80. 2 Motion by Marks, seconded by Wagner to approve payment in the amount 3 of$2,395.80 to Dorsey &Whitney for miscellaneous legal services rendered 4 through July 31, 1991. 5 Motion carried unanimously. 6 E. Hance & LeVahn - $2,400.00. 7 Motion by Wagner, seconded by Marks to approvepayment in the amount 8 of$2,400.00 to Hance & LeVahn for legal services rendered for the month 9 of September, 1991, relative to St. Anthony prosecutions. 10 Motion carried unanimously. 11 F. Dickson Electric - $1,640.00. 12 Motion by Marks, seconded by Enrooth to approve payment in the amount 13 of $1,640.00 to Dickson Electric for electrical work at the water filter plant. 404 Motion carried unanimously. 15 G. Calgon Carbon Corporation - $38,650.00. 16 Motion by Marks, seconded by Enrooth to approve payment in the amount 17 of$38,650.00 to Calgon Carbon Corporation for the removal and tear down 18 of the Calgon Carbon System. There will be at least one more charge 19 relating to removal of the temporary filtration system. 20 Motion carried unanimously. 21 H. Barr Engineering - $2,662.48. 22 Motion by Wagner, seconded by Enrooth to approve payment in the 23 amount of $2,662.48 to Barr Engineering for engineering services from 24 August 4 to August 31, 1991 relating to the County Road 88 and District 6 25 Storm Sewer system. 26 Motion carried unanimously. 27 As an aside, Mayor Ranallo indicated Barr Engineering is ready to present 28 the study on the District 6 storm sewer system to Hennepin County. The 29 County is sharing in the cost for the study. • Regular Council Meeting • September 24, 1991 Page 4 1 I. Barr Engineering - $3,868.76. 2 Motion by Wagner, seconded by Enrooth to approve payment in the 3 amount of $3,868.76 to Barr Engineering for engineering services from 4 August 4 - August 31, 1991 relating to the Highcrest Road outlet. 5 Motion carried unanimously. 6 J. Braun Intertec - $7,152.00. 7 Motion by Marks, seconded by Wagner to approve payment in the amount 8 of $7,152.00 to Braun Intertec regarding the pavement management 9 program. 10 Motion carried unanimously. 11 K. Maier Stewart & Associates, Inc. - $3,763.74. 12 Motion by Marks, seconded by Fleming to approve payment in the amount 13 of $3,763.74 to Maier Stewart & Associates for engineering services from 14 July 28 to August 31, 1991 relating to the Chandler Drive improvements 15 and the Kenzie Terrace sidewalk project. • 16 Motion carried unanimously. 17 L. Verifieds. 18 Motion by Marks, seconded by Enrooth to approve the six pages of verified 19 claims prepared by the Finance Department. 20 Motion carried unanimously. 21 VII. REPORTS. 22 A. COUNCIL 23 1. Wagner. Councilmember Wagner received a letter signed by Irwin 24 Jacobs and Roy Smalley thanking him for his efforts toward the 25 Special Olympics. Wagner remarked that he had also been 26 complimented on the manner in which the Special Olympic guests 27 were treated by St. Anthony residents. 28 2. Fleming. Councilmember Fleming distributed a Unicycle Newsletter. 29 She noted that the National Meet will be held in St. Anthony next year. 30 More information on this event will be upcoming. • • Regular Council Meeting September 24, 1991 Page 5 1 Fleming wrote an article which appeared in the September 25, 1991 2 Bulletin regarding "Turn Off the Violence"day on October 3rd. People 3 are being asked to turn off violent television programs, violent music, 4 violent videos, and to not go to violent movies on this day. Fleming 5 will speak on the subject to St. Anthony students. 6 3. Enrooth. Councilmember Enrooth thanked Mayor Ranallo, 7 Councilmember Wagner, David Urbia, Lauren McClanahan (a resident 8 and former employee of St. Anthony), Pat Holmberg, Larry Hamer, 9 Public Works personnel and all those who assisted in the September 10 14th Clean Up Day. Two hundred twenty-five persons took advantage 11 of the opportunity to dump a lot of hard-to-get-rid-of-junk. 12 Mayor Ranallo remarked that everyone did a tremendous job. The 13 Mayor suggested the City should assure that only St. Anthony 14 residents participate in the service next year. 15 4. Marks. Councilmember Marks and Dr. Gary Good, who is a St. 16Anthony resident and member of the St. Anthony Orchestra, 07 discussed how to communicate about the orchestra's recent trip to 18 the City's Sister City of Salo, Finland. Marks distributed the resultant 19 letter to the Council. Marks said that the last concert was dedicated 20 to St. Anthony's past mayor, Robert Sundland. In addition, Marks 21 described a sign in Salo reading "St. Anthony Puisto", which means 22 "St. Anthony Park." 23 He believes this park was named following the Sundland's trip to Salo 24 a couple of years ago. 25 5. Ranallo. Mayor Ranallo had met with Gail Mohr from CTV North 26 Suburbs. The cable company requested St. Anthony and the other 27 nine cable commission member cities to proclaim October 6 - 12, 28 1991, as Local Cable Programming Week. It was suggested that the 29 orchestra's trip to Salo could possibly be televised. Marks has video 30 tapes of the trip and two orchestra members are working on a 31 production of the trip. Ranallo indicated there are persons the cable 32 company could provide to assist in the project. 33 Ranallo and City Manager Burt had discussed the short amount of 34 time to make any changes in the 1992 proposed City budget between 35 the November 26th public hearing and the December 20, 1991 date 6 to certify the budget to Hennepin and Ramsey Counties. Ranallo 7 polled the Councilmembers as to holding a public meeting during the ` c Regular Council Meeting • September 24, 1991 Page 6 1 October 22nd Council meeting for public input. Councilmembers 2 agreed the extra time would be beneficial. The October 22nd 3 meeting for the 1992 City budget will be publicized. 4 Ranallo chaired the League of Minnesota Cities Federal Legislative 5 Committee. The following items were discussed at a recent meeting: 6 The City of St. Anthony passed a resolution in August of this year 7 regarding relief from the Superfund statute which makes cities 8 responsible for moneys spent on hazardous waste clean up. 9 This resolution will be made a part of the solid waste policy; 10 Siting of residential group homes and the amount of control the it federal government has regarding them should be modified; 12 Sound abatement for airplanes whereby some of the money 13 airlines pay to airports would be used to research and build 14 quieter airplanes rather than moving an airport site; and 15 Health care and housing were also discussed. 16 B. CITY MANAGER 17 Matters discussed during the morning's staff meeting were outlined by 18 Urbia. Among those items were the hiring of two new police officers (one 19 will start September 30th; results of the second applicant's physical and 20 psychological tests are being done); applications are still being accepted 21 for a new maintenance worker; and the Fire Department's participation in 22 an emergency training session at Wilshire. Park Elementary School.. The 23 demonstration has grown to include use of a bus, NSP personnel, Kiwanis 24 members and others. It will be held on September 26th at 6:30 P.M.. 25 VIII. PUBLIC HEARINGS. 26 There were no public hearings. Regular Council Meeting September 24, 1991 Page 7 1 IX. NEW BUSINESS. 2 A. Motion by Marks, seconded by Ranallo to approve the write-off of 1990 3 uncollectible checks submitted by the St. Anthony Municipal liquor 4 operations. 5 Motion carried unanimously. 6 B. Councilmembers Enrooth and Wagner indicated their interest in serving on 7 the Advisory Committee for the selection of a permanent 8 Superintendent/Business Manager for I.S.D. #282. 9 10 Motion by Wagner, seconded by Marks to appoint Councilmember Richard 11 Enrooth to the I.S.D. #282 Advisory Committee for the selection of a 12 Superintendent/Business Manager. 13 Voting on the motion: -14 Aye: Wagner, Marks, Ranallo, Fleming 15 Abstain: Enrooth 16 Motion.carried. 17 C. Motion by Marks, seconded by Enrooth to approve the proclamation 18 proclaiming October 6-12, 1991 as Local Cable Programming Week. 19 Motion carried unanimously. 20 D. Motion by Marks, seconded by Wagner to approve Resolution 91-045 21 approving a contract for recycling pick up with Nitti Disposal and 22 authorizing the Mayor and City Manager to execute the contract. City 23 Attorney Soth has reviewed the document. 24 Motion carried unanimously. 25 X. UNFINISHED BUSINESS. 26 Thomas Shamp, 3209 Edward, was present with his request for a fence height 27 variance. This matter had been continued from the Council's September 10th 8 meeting because a neighbor had not received the Notice of Hearing for the 9 request and the Council was unsure of the effect this omission would have on Regular Council Meeting September 24, 1991 Page 8 1 the process. Section 15, Subd. 5, 3d of the Zoning Ordinance indicates this 2 does not nullify the process and the Council may consider the Planning 3 Commission's findings. 4 Mr. Shamp requested a 2 foot height variance for the 8 foot fence (6 feet is 5 allowed). The fence is attached to a deck and could also be construed as a 6 "screen" whereby Mr. Shamp would not need a variance. 7 The Planning Commission had recommended approval of the request by a vote 8 of 6 to 1. 9 The next door neighbors have both indicated they have no objections to the 10 "fence." 11 Several residences throughout the City have similar "fences" but did not seek a 12 variance. 13 The three conditions required for granting a variance do not appear to be met 14 with this request. 15 The Council must consider consistency with granting variances and whether they 16 wish to establish a precedence with their decision. 17 The ordinance should be amended to clarify the definitions of "fence" and 18 "screen." 19 In light of these questions, Ranallo felt it would be wise to get an opinion from 20 the City Attorney regarding the matter. 21 Motion by Marks, seconded by Enrooth to continue the, request for a two foot 22 fence height variance by Thomas Shamp, 3209 Edward Street until the matter 23 is reviewed by the City Attorney. In the meantime, the fence (or screen) may 24 stay as it is. 25 Motion carried unanimously. 26 X. ADJOURNMENT. 27 Motion by Marks, seconded by Wagner to adjourn the regular Council meeting 28 at 8:55 P.M.. 29 Motion carried unanimously. Regular Council Meeting September 24, 1991 Page 9 1 2 Acting Council Secretary 3 4 Mayor 5 ATTEST: 6 City Clerk i