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HomeMy WebLinkAboutPL PACKET 06172008 Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104964 Box: 33 Folder: PL PACKETS 2005-2011 Document: PL PACKET 06172008 CITY OF ST. ANTHONY PLANNING COMMISSION MEETING AGENDA TUESDAY, JUNE 17, 2008 REGULAR PLANNING COMMISSION MEETING 7:00 P.M. COUNCIL CHAMBERS I. CALL TO ORDER. II. ROLL CALL. III. PLEDGE OF ALLEGIANCE. IV. APPROVAL OF MEETING AGENDA. V. APPROVAL OF MEETING MINUTES OF MARCH 18, 2008 VI. COMMUNICATION WITH CITY COUNCIL. VII. PUBLIC HEARINGS. NONE VIII. CONCEPT REVIEWS. VIII 1. CHIU N NORTHGATE,TWIN CITIES CHRISTIAN ASSEMBLY VIII 2. LYNN SQUIRES N 3400 BELDEN DRIVE IX. OTHER BUSINESS. IX 1. City Code Recodification N Responses to 4/16/08 Editorial Notes X. REPORTS FROM STAFF. XI. COMMUNITY FORUM. Individuals may address the Planning Commission about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk's record, and limit their remarks to five minutes. The Planning Commission may refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. XII. INFORMATION AND ANNOUNCEMENTS. XIII. ADJOURNMENT. F:\Planning\PC Agendas\2008\061708 pc agenda.doc 1 CITY OF ST. ANTHONY 2 3 PLANNING COMMISSION MEETING 4 5 March 18, 2008 6 7:00 p.m. 7 8 9 I. CALL TO ORDER 10 1 I Chair Stromgren called the meeting to order at 7:00 p.m. 12 13 PLEDGE OF ALLEGIANCE 14 15 Chair Stromgren invited the Commission and the audience to join in the Pledge of Allegiance. 16 17 II. ROLL CALL 18 19 Commissioners present: Chair Stromgren; Commissioners Chaput, Crone, Goodwin, 20 Heinis, and Jenson 21 22 Absent: Vice Chair Jensen 23 24 Also present: Assistant City Manager Kim Moore-Sykes. Fire Chief Malenick 25 26 III. APPROVAL OF MEETING AGENDA 27 28 Motion by Commissioner Jenson, second by Commissioner Heinis, to approve the meeting 29 agenda as presented. 30 31 Motion carried unanimously. 32 33 IV. APPROVAL OF MEETING MINUTES — FEBRUARY 19, 2008 34 35 Motion by Commissioner Jenson, second by Commissioner Chaput, to approve the Planning 36 Commission meeting minutes of February 19, 2008 as presented. 37 38 Motion carried unanimously. 39 40 V. COMMUNICATION WITH CITY COUNCIL 41 42 None 43 44 VI. PUBLIC HEARINGS 45 46 VIA. 2916 SILVER LAKE COURT—VARIANCE(1320.03, SUBD. 03) 47 48 Chair Stromgren opened the Public Hearing at 7:03 p.m. Planning Commission Meeting Minutes March 18, 2008 Page 2 1 2 Assistant City Manager Moore-Sykes reported staff received a variance request from Korrie and 3 Dave Johnson, 2916 Silver Lake Court, for a two-foot variance to the City's ordinance. She 4 explained the variance is required because the property owner is planning to remove the seven- 5 foot fence and replace it with a solid wood, eight-foot privacy fence. She stated the current fence 6 is higher than what is allowed by the City Ordinance and apparently existed as a non-conforming 7 fence as there is no permit for its construction I the property file. She explained that strict 8 enforcement of the Code would cause undue hardship. Assistant City Manager Moore-Sykes 9 recommended the Planning Commission pass a recommendation to council to approve or deny 10 the two-foot variance request to the City's Fence Height Ordinance based on the findings of fact 11 from the information presented by the applicants and staff. 12 13 Mr. Dave Johnson, 2916 Silver Lake Court, addressed the Planning Commission to further 14 explain his request for a variance. 15 16 Commissioner Jenson question Mr. Johnson as to how he concluded he needed the additional 17 two feet. 18 19 Mr. Johnson replied some of the posts were pulling out of the ground and that the current fence 20 was seven feet high. He stated that because his fence butts up against Silver Lake Road and that 21 surrounding properties have eight-foot fences. He stated that because they are closer to the road 22 than their neighbors, an eight-foot fence would be in keeping with the look of the neighborhood. 23 24 Commissioner Jenson questioned whether Mr. Johnson felt an eight-foot fence would provide 25 better noise abatement. 26 27 Mr. Johnson replied the higher solid fence would provide better sound reducing quality. 28 29 Commissioner Heinis questioned whether Mr. Johnson discussed this with his neighbors. 30 31 Mr. Johnson replied his neighbors are considering requesting a similar variance. He stated he 32 discussed this with other neighbors who expressed no concerns. 33 34 Commissioner Chaput requested the location of the lighting Mr. Johnson would like to shield. 35 36 Mr. Johnson pointed out his property and the dry cleaning and Laundromat businesses on a site 37 map. He indicated the security lighting from the businesses shine into his back yard. 38 39 Commissioner Chaput questioned Mr. Johnson as to whether he is hoping to minimize the light 40 shining through second story windows. 41 42 Mr. Johnson replied they were looking to shield the light and the reduce noise to the back yard. 43 44 Commissioner Chaput questioned whether street lighting was a problem. 45 Planning Commission Meeting Minutes March 18, 2008 Page 3 1 Mr. Johnson replied it was not. 2 3 Chair Stromgren closed the Public Hearing at 7:17 p.m. 4 5 Commissioner Jenson questioned Assistant City Manager Moore-Sykes about the neighbor's 6 eight-foot fence it had a variance or was grandfathered in. 7 8 Assistant City Manager Moore-Sykes replied she found no record of a variance filed or 9 requested. She stated it might predate the code or have been grandfathered in. She stated it also 10 predates the current owners. 11 12 Commissioner Jenson stated part of the argument is that the Johnson's desire to match the 13 neighbor's fence and questioned if this was a valid request. 14 15 Chair Stromgren commented the fact that the fence would diminish the lighting from the 16 businesses provided a valid request. 17 18 Commissioner Jenson inquired about the light mitigation in the neighbor's yard versus the 19 Johnson's yard. 20 21 Mr. Johnson replied he did not know to what degree it impacted the neighbors; however, he did 22 have a significant impact to his property. 23 24 Assistant City Manager Moore-Sykes added that while this is a request for this particular 25 property, it also informs the neighbors that a variance would be required should they need to 26 change their fence. 27 28 Motion by Commissioner Goodwin, second by Commissioner'Cronin, to approve the request for 29 variance at 2916 Silver Lake Court. 30 31 Chair Stromgren offered a friendly amendment to add the circumstances causing the hardship. 32 He suggested adding that the adjacent businesses on the east side are outside the City of St. 33 Anthony and therefore, not subject to St. Anthony ordinances. He also requested the findings of 34 fact be included in the approval. 35 36 Motion carried unanimously. 37 38 Chair Stromgren reported this would come before the City Council on March 25, 2008. 39 40 VII. CONCEPT REVIEWS 41 42 None 43 44 VIII. OTHER BUSINESS 45 Planning Commission Meeting Minutes March 18, 2008 Page 4 1 VII. 1. REVIEW OF DRAFT HOUSING CODE ORDINANCE 2 3 Chief John Malenick presented the draft amendments to the Housing Code Ordinance. He 4 discussed the new Section 1336 - Rental Dwelling, the modification of Section 1335 —Property 5 Maintenance, and the formation of a more formal inspection process for rental properties. He 6 presented information on the proposed code enforcement budget and the proposed fee structure. 7 Chief Malenick mentioned that additional ordinances would address Section 1335.18 —Redefine 8 Maximum Occupancy; Section 1335.17 Subd. 14—Temporary Storage Units; Section 1335.07— 9 Garbage Cans in Front Yard; and the number of parked cars in driveways. 10 11 Commissioner Jenson mentioned he is aware a resident that parks eight to ten cars in the 12 driveway and questioned whether the number of cars could be regulated by code. 13 14 Chief replied only 30 percent of impermeable surface is allowed; therefore, cars could not park 15 on the permeable area. 16 17 Commissioner Jenson stated he thought Chief Malenick is on the right track. He pointed out the 18 funding stream applied to the ordnance would insure it is accomplished. 19 20 Commissioner Jenson questioned where the International Code Council is located and how 21 extensively it is used. 22 23 Chief commented it is housed in Washington DC and several communities are adopting the 24 International Code. 25 26 Chair Stromgren commented the International Code is used to ensure consistency among the 27 codes. 28 29 Commissioner Cronin commented on inspections in Section 1336. She questioned why odd 30 numbered years were not addressed. 31 32 Chief replied he neglected to remove this. 33 34 Chair Stromgren stated he is thankful there is a permit process in place for temporary storage 35 units. He questioned the 60-day timeline. 36 37 Chief Malenick replied the timeline was increased to 120 days. 38 39 Chair Stromgren pointed out the placing of temporary storage units on impermeable surface. 40 41 Chief replied he would work on this. He stated it was written this way to keep from violating a 42 different code. 43 44 VII. 2. SIGN ORDINANCE POWER POINT PRESENTATION 45 Planning Commission Meeting Minutes March 18, 2008 Page 5 1 Assistant City Manager Moore-Sykes provided a presentation on the Sign Ordinance and the 2 First Amendment. She explained the First Amendment principles applicable to signs. She 3 reported the City could not regulate the content of a sign or favor commercial speech over non- 4 commercial speech. She explained the City must provide easily understood purpose and 5 rationale for the sign permitting process and regulations must accomplish a substantial 6 government interest. 7 8 Commissioner Cronin questioned when the sign ordinance would be drafted. 9 10 Assistant City Manager Moore-Sykes replied it would come before the City Council for three 11 readings on March 25, April 22, and May 27, 2008. 12 13 IX. REPORTS FROM STAFF 14 15 Chair Stromgren pointed out that the final open house for the Silver Lake Road Project would 16 occur on Monday, March 31, 2008, at City Hall from 6:30 to 8:00 p.m. 17 18 Assistant City Manager Moore-Sykes reported she received the first draft of the recodification of 19 the City Ordinance. She stated staff is waiting for legal review and comments. 20 21 Assistant City Manager Moore-Sykes reported the Comp Plan is being reviewed by the Met 22 Council. She stated a representative from Met Council requested to meet with staff to discuss the 23 plan. 24 25 Assistant City Manager Moore-Sykes indicated she included the government seminars available 26 for Commissioners to attend. 27 28 X. COMMUNITY FORUM 29 30 None 31 32 X. INFORMATION AND ANNOUNCEMENTS 33 34 None 35 36 XI. ADJOURNMENT 37 38 Motion by Commissioner Heinis, second by Commissioner Cronin, to adjourn the meeting at 39 8:05 p.m. 40 41 Motion carried unanimously. 42 43 Respectfully submitted, 44 Dianna Wise 45 TimeSaver Off Site Secretarial, Inc. STAFF REPORT To: Planning Commission Report No.: VIII 1. From: Kim Moore-Sykes, Assistant City Manager Date: June 17, 2008 Subject: 2500 U.S. Highway 88, Northgate Business Center Requested Action: Conditional Use Permit Concept Review Date Application Received: None Received Property Address: 2500 U.S. Highway 88, Northgate Business Center Zoning District: C 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No Future Action: Council Action: Approval or Denial of Conditional Use Permit Background: Mr.Julius Chu contacted Staff recently when he was advised by the Fire Department that he should contact the Planning Staff before they signed off on his request for an occupancy permit. He was told that he may not be in compliance in using a commercial site as a location for his assembly. Upon contacting the Planning Staff,Mr. Chu was advised that the use he is proposing for a site in the Northgate Business Center requires a conditional permitted use (1635.03 (c) ) and was informed about the application and public hearing processes. He agreed to participate in a Concept Review at the June 17`'' Planning Commission meeting to discuss the need for a conditional use permit. Application Review: None received; agreed to come before the Planning Commission for a Concept Review. Analysis: Communications: Staff has received no phone calls regarding this group's proposed use of the property. The Police Department advised the Planning Staff that they have not received any complaint calls regarding the Twin Cities Christian Assembly. Attachments: None 2500 US Highway 88 Conditional USe Permit Staff Report.doc STAFF REPORT To: Planning Commission Report No.: VIII 2. From: Kim Moore-Sykes,Assistant City Manager Date: June 17, 2008 Subject: 3400 Belden Drive Requested Action: Garage Setback Permit Concept Review Date Application Received: June 5, 2008 Property Address: 3400 Belden Drive Zoning District: R1 60-Day Expires: August 3, 2008 Waiver Letter Required: Yes Date Sent: No X Future Action: Council Action: Approval or Denial of Garage Setback Permit Request Background: Mr. Todd Gunderson contacted Staff about the possibility of building a two car garage at 3400 Belden Drive. He is not the property owner at this time but has a purchase agreement with the current owner, Lynn Squires. Staff went through the ordinance requirements and the process of the public hearing and 60-Day Rule. A letter was sent to Ms. Squires about the City's receipt of the application, and the 60-Day Rule. Currently, there is a single car tuck-under garage attached to the principle structure. Mr. Gunderson is proposing to construct an additional 20'x 24' accessory building to be used primarily as a single car garage. Mr. Gunderson is proposing to construct the accessory building ten (10) feet from the existing garage,using the existing driveway to access both garages. This location situates the proposed accessory building five (5) feet from the rear lot line and seven (7) feet from the north side lot line. Mr. Gunderson has also stated that he also intends to remove an existing 20'x12' deck and replace it with plantings. This property is a corner lot but is only 9,170 SF rather that the 11,000 SF as required by the City Code. The lot coverage restriction for lots with conforming square footages is 35%. The City Code allows for 40%lot coverage for those lots that were plotted with smaller dimensions. The project as proposed by Mr. Gunderson will utilize 34% lot coverage,well within the 40%lot coverage restriction. Application Review: Analysis. The following items are those that will be considered as part of the Garage Setback Permit process, which follows the City's variance process. Section 1665.06 of the City Ordinance outlines the requirements that must be addressed by the applicant to qualify for a variance and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence presented supports the following facts: 3400 Belden Drive Garage Setback Permit Staff Report.doc � I Strict enforcement would cause undue hardship because: The property cannot be put to a reasonable use without the variance. The circumstances causing the hardship were not created by the owner. The variance,if granted,will not alter the essential characteristics of the locality. Economic considerations alone are not the basis of the hardaWp. The circumstances causing the hardship are unique to the individual lot. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. Action: Public Hearing scheduled for July 18, 2008 at 7:00 p.m. Communications: None Attachments: • Application and Letter of Explanation • Site Plan • Aerial Photo of Property 3400 Belden Drive Garage Setback Permit Staff Report.doc 3301 Silver Lake Road •St. Anthony,MN 55418 • (p)612.782.3301 • (f)612.782.3302 3`�g www.ci.saint-anthony.mn.us GARAGE SETBACK PERMIT APPLICATION $60 Conditional Use Permit Fee A. GENERAL DATA Owner: i 5 LYN A) Last Name First Daytime Phone Number Address: �1/It�- Property Address: �`f pOH IC1.^ T)r i Zoning District of in which the Subject Property is located: ReSzak" Using an additional sheet(s)of paper,please briefly address the following items: • Proximity of the garage to any structures on the adjoining property; • The extent of vegetation or other screening on the subject property and the adjoining property,- The roperty;The effect of the structure on the light and visibility available to the adjoining property; • Issues of fire safety and impact of proposed structure to principal structure; • Other existing accessory buildings or garages on the subject property; • The ability to locate the proposed garage elsewhere on the subject property and; • Any other matters which may be relevant to the degree of encroachment into the setback,which is being requested by the applicant/owner. I hereby certify with my sign ll da my lication forms,plans and specifications are true and correct to the best of my knowledge: 06 Signature of pphcant ate bid Cvnder5ay-\ F:\Planning\Forms\2007 Garage Setback Application Information.doc l RE: 3400 Belden Avenue Garage Setback Permit Application 1. The proposed garage will be no closer than 10 feet to existing detached garage on adjoining property(5 foot setbacks from property line for each structure) 2. After construction of garage and driveway access, coverage will be less than 40%maximum. Both adjoining properties appear to be well within maximum coverages. No trees or shrubs will be removed for construction. 3. The proposed garage will have minimal effect of light on adjoining property as it will be below height of residence. Proposed garage will provide additional privacy to adjoining property. Adjoining homeowner is in favor of structure. 4. Proposed garage should have no impact on fire safety of principal structure. It will be located no closer than 30 feet to principal structure. 5. There are no other existing accessory buildings or detached garages on the subject property. There is a small one car attached tuck under garage. 6. A detached garage cannot be located elsewhere on the property without eliminating access to current tuck under garage. 7. Structure will be consistent with neighborhood in look and placement, and will be located approximately 39 feet from 34`x' Avenue Further, The current owner of the property as of the date of this application is Lynn Squires, number currently unknown. However, applicant will be purchasing the property on June 30, 2008. Therefore it is expected that by the time this permit application is acted upon, the applicant and owner will be: Todd Gunderson 612-889-8177 N2 47346 St.Anthony, Minnesota 55418 R CEIVED OFLAM r. ��` Dollars$ W�400 JWH Uc./I CITY OF ST.ANTHONY n 330 Iver Lake Rd.Phone(612)782-3301 By THANK YOU! �i 0 ON COMBINING THE RECORDS OF HARVEY A. CARTWRIGHT 11�� �ARHIG� ji E. HILL.ESTABLISHED fens, CIVIL ENGINEER ANOI<A COUNTY SURVEYS TW HENNEPIN COUNTY SURVEYS . F. SANDHOFF MINNEAPOLIS SURVEYS CIVIL ENGINEER 8410 PALM S-IREET REGISTERED UNDER LAWS OF STATE OF MINNESOTA ESTABLISHED flioe SUNSET S-0078 LICENSED BY ORDINANCE OF CITY OF MINNEAPOLIS JAMES NELSON OWNER 345 PLYMOUTH BUILDING FEDERAL 8-8721 SURVEYOR ESTABLISHED 1722 INDUSTRIAL - JUDICIAL METROPOLITAN LAND BUSINESS - TOPOGRAPHICAL `, ' - �c'�tlCllfpOC Q'L ECtIfltdtt SURVEYORS, ESTABLISHED 1931 CITY LOTS PLATTING Strul7ce c sc>n Inv, '.'o. V'JJj 33' /0" `� 4 a , ;+ _ a KE511)f N C E r:ck ,v ,7� x" 4'4 _` ?0' 3 ]II�Ys;27y i,t 1.'�r] r,)` that t;C11 L;. i,Y'Ll' etYj;l (, T;^21 T)l?;t ()i z s' \ J p Lot �. j 7 r' �1_:l UCli n ` Oj TV:tlacrt, O. t,. .+-ltY Ji1.'j F_',5 ;117 Tr tl :l b i Hennepin County Oblique Aerials Page 1 of 1 Hennepin County Oblique Aerials Images courtesy of:Microsofto Virtual EarthTN 2006 F16ht Date:April 2006 Show/M41e Nao f�ntrd 9 � 8 381h s d sky c m m36; Can s Park 4 i Mfhor' _ Z �r http://gis.co.hennepin.mn.us/HCPropertyMapBirdseye.aspx?PID=0602923240024 6/10/2008 Hennepin County Property Map Print Page 1 of 1 Hennepin County Property Map - Tax Year: 2008 The data contained on this page is derived from a compilation of records and maps and may contain discrepancies that can only be disclosed by an accurate survey performed by a licensed land surveyor.The perimeter and area(square footage and acres)are approximates and may contain discrepancies.The Information on this page should be used for reference purposes only. Hennepin County does not guarantee the accuracy of material herein contained and is not responsible for any misuse or misrepresentation of this information or its derivatives. I 3409 3408 I 3409 I i 3405 34011 3405 I it I I a r 3401 l 3400 Z 3401 i C >D i 34TH AVE N E 2812 2816 2820 3335 Selected Parcel Data Date Printed: 6/10/2008 11:15:01 AM Parcel ID: 06-029-23-24-0024 Current Parcel Date: 6/6/2008 Owner Name: LYNN M SQUIRES Parcel Address: 3400 BELDEN DR, ST. ANTHONY, MN 55418 Property Type: RESIDENTIAL Sale Price: $424,900.00 Homestead: HOMESTEAD Sale Date: 04/2005 Area (sqft): 9433 Sale Code: WARRANTY DEED Area (acres): 0.22 A-T-B: ABSTRACT Market Total: $371,000.00 Tax Total: $4,680.46 http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0602923240024 6/10/2008 STAFF REPORT To: Planning Commission Report No.: From: Kim Moore-Sykes,Assistant City Manager t Date: June 17,2008 Subject: Responses to Editorial Notes,4/16/2008 Requested Action: None; information only. Date Application Received: NA Property Address: NA Zoning District: NA 60-Day Expires: N/A Waiver Letter Required: Yes Date Sent: No Future Action: Council Action:Approval or Denial of City Code Recodification Background: The City Council selected American Legal Publication to complete the recodification of the City's Code of Ordinances. The ordinances have not been reviewed and recodified since 1993. Staff received a proposed draft of the recodified City Code in April to review and respond with comments and corrections by June 13,2008. American Legal Publishing has also asked for copies of new and revised ordinances approved by the City Council since the beginning of the year. The draft document is available for review at City Hall. Application Review: None required; informational only. Attachments: Staff Responses. 2008 Responses to Recodification editions Staff Report.doc MEMORANDUM To: Ms. Christi Baunach, Esq. From: Kim Moore-Sykes,Assistant City Manager Date: May 30, 2008 Subject: Responses to Editorial Notes, 4/16/08 General Observations. The City of St. Anthony Village is organized under Minnesota Statutes as a Statutory B city, meaning that it has a City Manager/Council form of government. As such, the City Manager is responsible for the day to day operations of the City,including hiring, firing and promoting, with the exception of the City Attorney. The City Council has no authority under the statutes for personnel matters, again with the exception of the City Manager and the City Attorney. That being said, throughout the draft City Code prepared by American Legal, I noted several references to the authority of the City Clerk. While we have a City Clerk, she is mostly responsible for elections, some financial functions (i.e. special assessments), the retention of documents and administrative support to the City Manager and the City Council. In all other matters, the City Manager is the authority as provided by the Minnesota Statutes and the City Council through the Personnel Policy. Except where it is appropriate to list the City Clerk as the responsible authority,please replace City Clerk with City Manager. Also, we do not have a charter, so please remove any references to a charter or city charter. GENERAL COMMENTS 11) Please insert an acknowledgment page including the following list of City Officials: Jerome Faust, Mayor Brian Thuesen, Councilmember Randy Stille, Councilmember Hal Gray, Councilmember Jim Roth, Councilmember Michael Mornson, City Manager 16) a. Yes. b. Yes, except where there is a reference to Municipal State Aid roads,which are also designated as MSA.. c. Yes. 18) Personnel Policies — Acceptable as proposed. 19) Omitted 1160 — Antennas and Towers. Acceptable as proposed. 20) 3.2% malt liquor — Acceptable as proposed. TITLE I: GENERAL PROVISIONS 21) Chapter 10: a. Insert"City' before Council where it does not exist. This would be a request for the whole document. b. Please replace City Clerk and Clerk with City Manager. Please see above referenced comments under General Observations. c. Proposed changes acceptable. TITLE III: ADMINISTRATION: 22) Mayor and Council Salaries — Acceptable as proposed. 24) 33.060 Other License Fees. a. Entry for Set-Ups — Acceptable as proposed. b. HVAC — Acceptable as proposed. 25) 33.061 Establishment of Fee Amounts. a. This item is covered by current code reference 1335.01 (c) but may be replaced with "Tide XV". 26) 33.106 Special Assessments — Acceptable as proposed. TITLE IX: GENERAL REGULATIONS: 27) Running at Large Prohibited. — Acceptable as proposed. 28) Habitual Barking. — Acceptable as proposed. 29) Chapter 92: Health and Safety;Nuisances. Again, our preference is to have "City Manager" in place of"City Clerk", except at (H) Assessment,which should be "City Clerk". 30) Right-of-Way. — Acceptable as proposed. 31) Registration Information. — Delete division (A)(4). 32) Acceptable as proposed. TITLE XI: BUSINESS REGULATIONS: 33) Sexually-Oriented Business: — Replace as proposed. Licensing: — Replace as proposed. Amusements: — Replace as proposed. Tobacco: — Replace as proposed. Gambling: — Delete whole section. Alcoholic Beverages: Delete MBC Ch. 112.22 Delete MBC Ch. 112.53 (A); (B); and(E). Please change (C) and (D) to read as follows: (C)Municipal Liquor Stege O erationr Fund. All of the revenues received from the operation of a municipal liquor store shall be deposited in a municipal liquor stere operations fund from which all ordinary operating expenses,including compensation of the lhquor operations manager and employees, shall be paid. Surpluses accumulating in the fund may be transferred to the general fund of the City or to any other appropriate fund of the City by resolution of the City Council,and may be expended for any municipal purpose. The handling of municipal liquor store receipts and disbursements shall comply with the all procedures prescribed by law and elder City poh for the receipts and disbursements of City funds. gener - (D) Financial Statement. The City Council shall provide within 130 180 days following the end of the calendar year for publication a balance sheet using generally accepted accounting procedures and a statement of operations of the municipal liquor stores for that year. The balance sheet and statement shall be published in accordance with the provisions of M.S. 4 471.6985, as it may be amended from time to time. 2 34) License Required. — Acceptable as proposed. 35) Locations Ineligible for a License. — Acceptable as proposed. 36) Chapter 112: Alcoholic Beverages. — Acceptable as proposed. Please also note the above notes regarding proposed revisions to Ch. 112, (C) and (D). 37) Violations. — Acceptable as proposed. 38) Chapter 113: Peddlers and Solicitors. — Acceptable as proposed. TITLE XIII: GENERAL OFFENSES: 39) Curfew for Minors. Hours follow Hennepin County Curfew for Juveniles. i. Hours. 1. Minors under the ape of 12. No mucor under the age of 12 years shall be in or upon the public streets, alleys, parks, playgrounds, or other public grounds,public places, public buildings, not in places of amusement, entertainment, or refreshment; not in or upon any vacant lot, during weekdays after 9:00 p.m. official City time;and after 10:00 p.m. on weekends, official City time. 2. Minors ages 12 years to 14-years. No minor between the ages of 12 years and 14 years shall be in or upon the public streets, alleys, parks, playgrounds, or other public grounds, public places, public buildings, nor in places of amusement, entertainment, or refreshment; not in or upon any vacant lot, during weekdays after 10:00 p.m. official City time; and after 11:00 p.m. on weekends, official City time. 3. Minors 15years to 17 years. No minor between the ages of 15 years and 17 years shall be in or upon the public streets alleys parks, playgrounds, or other public grounds, public places public buildings nor in places of amusement, entertainment, or refreshment: not in or upon any vacant lot, during weekdays after 11:00 p.m. official City time: and after midnight. on weekends. official City time. Delete: (E) Exceptions. (5) TITLE XV: LAND USAGE: 40) Chapter 152: Zoning Code. Acceptable as proposed. 41) Chapter 155: Signs. The City's updated and revised sign ordinance is attached. The City's attorney as well as the League of Minnesota attorneys assisted the City with this revision. The City Attorney reviewed the revised sign ordinance before the City Council held its three readings. ATTACHMENTS: 1.) Ordinance 07-003: An Ordinance Amending Chapter 2 of the City Code Being Operations and Administration. 2.) Ordinance 07-004: An Ordinance Amending Chapter 16 of the City Code Being Zoning and Land Use. 3.) Ordinance 07-005: Section555 —Haulers of Garbage, Refuse,Recyclables and Yard Waste. 4.) Ordinance 07-006: Section 565—Secondhand Dealers; Section 566—Pawnbrokers; Section 575 —Physical Culture and Health Services and Clubs (including therapeutic massage); and Chapter 10 - Alcoholic Beverages 3 5.) Ordinance 08-001: An Ordinance Amending Chapter 3 Personnel, Planning Commission, Public Safety—Section 315 Public Safety 6.) Ordinance 08-002: An Ordinance Amending Chapter 14 Signs 7.) Ordinance 08-003: An Ordinance Amending Chapter 13, Section 1335 —Housing Maintenance and Occupancy 8.) Ordinance 08-004: An Ordinance Amending Chapter 5 —License, Permits, and Business Regulations; Chapter 6—Fees, Rates and Charges. 4 Kim Moore-Sykes From: Donald Jensen [djtjh2@msn.com] Sent: Thursday, May 15, 2008 12:00 PM To: Kim Moore-Sykes Subject: Re: May Planning Commission Meeting thanks, we will be available for the June Mtg. I would like to have the discussion about the minimum PUD size again, and to see what other zoning issues that may need attending to, like impervious surface coverage that takes into account what exists at the completed right of way area, since that is the yard "maintained" by the resident and is what effectively runs off into the storm sewer. In order to encourage some remodeling, we could also factor in percentage slope of the yard as flatter would typically hold more water for absorption that steeper. At a conference yesterday, the recent Supreme Court decision on the Eagan golf course case did mention that when a code or comp plan label restricts a property from development potential, that the issue of takings becomes ripe. Given that many variance criteria repeat statute, I am wondering if the League of Cities sees fit to modify its recommendation, or allow St. Anthony some latitude in the objective criteria to issue variances that have some economic merit. Don Jensen ----- Original Message ----- From: Kim Moore-Sykes <mailto: kim.moore-sykes@ci.saint-anthony.mn.us> To: Greg Dewey <mailto:gdeweyl@yahoo.com> ; Timesaver02@aol.com ; Brian Heinis <mailto:b_heinis@yahoo.com> ; Don Jensen <mailto:djtjh2@msn.com> ; Erica Crone <mailto:acirekay@hotmail.com> ; good0298@umn.edu ; Jan Jenson <mailto:jan.jenson@honeywell.com> ; Joel Stromgren <mailto:jstromgren@millerdunwiddie.com> ; Peter Chaput <mailto:pachaput@earthlink.net> Sent: Wednesday, May 14, 2008 4:02 PM Subject: May Planning Commission Meeting Because there are no items for the Planning Commission and the meeting would have to start after 8:OOpm due to voting on the school funding questions, the Chair made the decision to cancel May 20th Planning Commission meeting. Peter Chaput also informed me that he would be out of the country for the May meeting. Please call me with any questions. Kim I 1 I I 1 The 100. 1C% Market Updates for ioo Twin Cities Communities A free research tool from the Minneapolis Area Association of REALTORS@ MINNEAPOLIS AREA Association Brought to you by the unique data-sharing traditions of the REALTOR®community of REALTORS' St. Anthony April Year to Date Hennepin County, MN 2007 2008 Change 2007 2008 Change New Listings 21 26 +23.8% 74 87 +17.6% Closed Sales 13 7 -46.2% 33 22 -33.3% Average Sales Price $247,302 $213,286 -13.8% $261,505 $198,854 -24.0% Percent of Original List Price Received at Sale* 94.9°/x, 92.1% -3.0% 95.5% 95.3% -0.2% Average Days on Market Until Sale~ 169 149 -11.5% 67 92 +38.0% Single-Family Detached Inventory 22 25 +13.6% - Townhouse-Condo Inventory 31 39 +25.8% – – 'Does not account for list prices from any previous listing contracts "City market time figures are based on Cumulative Days on Market,which does account for previous listing contracts Activity—Most Recent Month Activity—Year to Date 0 New Listings 26 13 New Listings 67 21 13 Closed Sales 74 13Closed Sales 13 :,.< 7 7733 7 22 1___ 2007 2008 2007 2008 Average Sales Price Percent of Original List Price Received $247,302 $213,286 D $261,505 $198,854 2007 94.9% 92.1% 02007 95.5% 95.3% 0 2008 152008 77r r. —— --� —T—711 -- April Year to Date April Year to Date Average Days on Market Until Sale Inventory of Homes for Sale 169 149 02007 C32007 39 132008 E3 2008 31 92 22 25 > 67 1-7 7, 1 - r _ 1 April Year to Date Single-Family Detached Townhouse-Condo Some of the figures referenced in this report are for only one month worth of activity.As such,they can sometimes look extreme due to the small sample size involved. For broader historical market information, please feel free to contact us. 9 2007 Minneapolis Area Association of REALTORS®based upon data reported to the Regional Multiple Listing Service,Inc. r The 100. Market Updates for ioo Twin cities Communities A free research tool from the Minneapolis Area Association of REALTORS® MINNEAPOLIS AREA Association Brought to you by the unique data-sharing traditions of the REALTOR®community of REALTORS' Twin Cities Region April Year to Date 13-County Metropolitan Area 2007 2008 Change 2007 2008 Change New Listings 10,742 9,506 -11.5% 38,245 34,603 -9.5% Closed Sales 3,440 3,127 -9.1% 11,323 9,792 -13.5% Average Sales Price $262,017 $246,146 -6.1% $268,780 $245,020 -8.8% Percent of Original List Price Received at Sale* 95.9% 91.7% -4.4% 95.3% 91.2% -4.3% Average Days on Market Until Sale- 132 154 +16.7% 141 162 +14.9% Single-Family Detached Inventory 21,740 22,501 +3.5% – -- - Townhouse-Condo Inventory 10,145 9,865 -2.8% - – 'Does not account for list prices from any previous listing contracts "City market time figures are based on Cumulative Days on Market,which does account for previous listing contracts Activity—Most Recent Month Activity—Year to Date 10,742 15 New Listings E3 New Listings 0 Closed Sales 9,506 38,245 13 Closed Sales 34,603 3' 3,127 440 7711,3231 9,792 2007 2008 2007 2008 Average Sales Price Percent of Original List Price Received $262,017 $246,146 $268,780 $245,020 95.9% 95.3 02007 91.7% O 2007 91.2% D 2008 132008 April Year to Date April Year to Date Average Days on Market Until Sale Inventory of Homes for Sale 154 C32007 ,41 162 21,740 22,501 E3 2007 0132M O 2008 E32008 10,145 9,865 April Year to Date Single-Family Detached Townhouse-Condo Some of the figures referenced in this report are for only one month worth of activity.As such, they can sometimes look extreme due to the small sample size involved. For broader historical market information, please feel free to contact us. ©2007 Minneapolis Area Association of REALTORS®based upon data reported to the Regional Multiple Listing Service,Inc.