HomeMy WebLinkAboutCC PACKET 05142019
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, discussion, and possible action on all of the following items:
I.Approval of the May 14, 2019, City Council Meeting Agenda. (action requested.)
II.Proclamations and Recognitions.
III.Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in which the item will be
removed from the Consent Agenda and placed elsewhere on the agenda.
A.Approval of April 23, 2019, City Council meeting minutes. (pp.1-4)
B.Licenses and Permits. (pp.5-6)
C.Claims. (pp.7-9)
D.Resolution 19-041 a resolution regarding Renewal of Municipal Insurance Coverage and the Non
Waiver of Tort Liability for the League of Minnesota Cities Insurance Trust. (pp.11)
E.Resolution 19-042 a resolution to approve a request to keep six (6) female chickens in an R-1 zoning
district at 3612 Coolidge Street. (pp.13-19)
IV.Public Hearing.
V.Reports from Commission and Staff.
A.Resolution 19-043 a resolution approving a request for a 5.3 foot variance from the required front
yard set setback for a front stoop, denying a request for a 1.6% variance from the impervious surface
standard of 35%, and denying a request for a variance to the required side yard setback of 5 feet for
patio areas, located in the R-1 district at 2609 Pahl Avenue. Marcey Westrick, Planning
Commissioner presenting. (pp.21-59)
VI.General Business of Council.
A.Resolution 19-044 a resolution Authorizing the preparation of an Environmental Assessment
Worksheet (EAW) for the proposed Silver Lake Village Multifamily Redevelopment. Todd
Hubmer, City Engineer presenting. (pp.61-65)
B.Ordinance 2019-06 an ordinance amending Chapter 112 Alcoholic Beverages. Mark Casey, City
Manager presenting. (1st of 3 readings) (pp.67-74)
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
MAY 14, 2019
7:00 p.m.
HRA meeting immediately
after council meeting
If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612-782-3313
or email city@savmn.com. People who are deaf or hard of hearing can contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and safe.
VII. Reports from City Manager and Council members.
VIII. Community Forum
Individuals may address the City Council about any City business 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. Generally, the City
Council will not take official action on items discussed at this time, but may typically refer the matter to staff
for a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements
X. Adjournment
CITY OF ST. ANTHONY 1
CITY COUNCIL REGULAR MEETING MINUTES 2
APRIL 23, 2019 3
4
CALL TO ORDER. 5
6
Mayor Faust called the meeting to order at 7:00 p.m. 7
8
PLEDGE OF ALLEGIANCE. 9
10
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11
12
ROLL CALL. 13
14
Present: Mayor Faust, Councilmembers Gray, Jenson, Randle and Stille. 15
Absent: None 16
Also Present: City Manager Mark Casey and Parks Commission Chair Erin Jordahl Redlin 17
18
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19
ITEMS. 20
21
I. APPROVAL OF APRIL 23, 2019 CITY COUNCIL MEETING AGENDA. 22
23
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 24
Council Meeting Agenda of April 23, 2019 as presented. 25
26
Motion carried 5-0. 27
28
II. PROCLAMATIONS AND RECOGNITIONS 29
30
A. Students in Government Presentation 31
32
This item was delayed in the meeting until all students were present. 33
34
City Manager Casey invited the students to approach the podium. A photograph of the students 35
was shown. A special thank you was given to Councilmember Stille for his assistance during the 36
mock City Council Meeting and answering questions of the students. 37
38
Stuart Scamehorn provided some comments on his experience. He also has participated twice in 39
the program. 40
41
Gabby Herlofsky noted this was her second time participating in the program. 42
43
Councilmember Stille stated the program helped him and he enjoyed his participation. The 44
students debated four different issues. 45
46
Mayor Faust stated this is the third Student in Government Meeting and the second one this 47
school year. He is impressed with the students and their willingness to learn. 48
49
1
City Council Regular Meeting Minutes
April 23, 2019
Page 2
1
B. Arbor Day Proclamation 2
3
Parks Commission Chair Erin Jordahl Redlin stated St. Anthony is a Tree City USA and has 4
been since 2016. She reviewed some events that will occur for Arbor Day. 5
6
Councilmember Randle read the proclamation for Arbor Day from the last Friday in April 7
through the month of May. April 26, 2019 is St. Anthony Arbor Day and the month of May 8
2019 is Arbor Month in St. Anthony Village. 9
10
Ms. Jordahl Redlin stated Citizens for Sustainability are organizing a parks clean-up on 11
Saturday, April 27. More information can be found on the Citizens for Sustainability Facebook 12
page. Mayor Faust encouraged residents to help in their neighborhood parks. 13
14
III. CONSENT AGENDA. 15
16
A. Approval of April 9, 2019 City Council Meeting Minutes. 17
B. Licenses and Permits. 18
C. Claims. 19
20
Motion by Councilmember Randle, seconded by Councilmember Gray, to approve the Consent 21
Agenda items. 22
23
Motion carried 5-0. 24
25
IV. PUBLIC HEARINGS – NONE 26
27
V. REPORTS FROM COMMISSION AND STAFF – NONE. 28
29
VI. GENERAL BUSINESS OF COUNCIL. 30
31
A. Resolution 19-038; a Resolution to Approve Special Event at The Unofficial on June 29, 32
2019 33
34
City Manager Casey explained that before Council is a request from Chris Christopherson for 35
their annual customer appreciation event at The Unofficial Dive Bar & Grill on Saturday, June 29, 36
2019 from 2:00 p.m. to 9:00 p.m. The event will be held in the parking lot and include selling of 37
food and alcohol, amplified live music, seating, and tables. The police department reported one 38
call was received regarding excessive noise from last year’s event. A layout of the event was 39
provided for Council consideration. 40
41
Motion by Councilmember Randle, seconded by Councilmember Gray, to approve Resolution 19-42
038; a Resolution to Approve Special Event at The Unofficial on June 29, 2019. 43
44
Motion carried 5-0. 45
46
2
City Council Regular Meeting Minutes
April 23, 2019
Page 3
1
B. Resolution 19-039; a Resolution to Approve Special Event at The Unofficial on August 2
4, 2019. 3
4
City Manager Casey stated before Council is a request from Chris Christopherson for their 3rd 5
annual classic car show special event at The Unofficial Dive Bar & Grill on Sunday, August 4, 6
2019 from 10:00 a.m. to 2:00 p.m. The event will be held in the parking lot and will include 7
selling of food and alcohol, amplified DJ music, seating and tables, and parking of 8
approximately 110 classic cars. The police department reported no complaints were received 9
from last year’s event. A layout of the event was provided for Council consideration. 10
11
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 12
19-039; a Resolution to Approve Special Event at The Unofficial on August 4, 2019. 13
14
Motion carried 5-0. 15
16
C. Ordinance 2019-02; an Ordinance amending the Parks Commission Purpose, 17
Membership, Powers and Duties 18
19
City Manager Casey noted in front of Council is the third and final reading to the proposed 20
changes in Sections 32.20, 32.21, and 32.25 of the Parks Commission ordinance. There have 21
been no calls or letters received by City staff. Highlights on the proposed changes include: 22
• Changing the name from Parks Commission to Parks and Environmental Commission. 23
• Reducing the School District’s membership from two representatives to one. 24
• Updating the Ordinance to take in account the School District #282 Student Liaison 25
replacing the Sports Boosters representative. 26
• Including “Environmental” under the Powers and Duties section where appropriate. 27
28
Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Ordinance 2019-29
02; an Ordinance amending the Parks Commission Purpose, Membership, Powers and Duties for 30
final reading and adoption. 31
Motion carried 5-0. 32
33
D. Resolution 19-040; a Resolution approving summary publication of Ordinance 2019-02. 34
35
City Manager Casey reviewed the ordinance will take effect upon publication in the official City 36
newspaper, St. Anthony Bulletin. The entire ordinance is available on the City website. 37
38
Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution 39
19-040; a Resolution approving summary publication of Ordinance 2019-02. 40
41
Motion carried 5-0. 42
43
E. 1st Quarter Goals Update 44
45
City Manager Casey provided Council with an update on the 77 Strategic Initiatives. 46
3
City Council Regular Meeting Minutes
April 23, 2019
Page 4
1
Councilmember Stille asked about the 1.4 Dioxane and Mr. Casey provided an explanation. 2
3
Mayor Faust stated taking the traffic counts before the MNPASS project was a good and 4
proactive approach. 5
6
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.7
8
City Manager Casey reported on April 30, there will be a joint Council – Planning Commission 9
work session to hear a proposal from a developer on the WalMart site. There are two scheduled 10
Coffee with the Council coming up on May 18 at Emerald Park and June 15 at Autumn Woods, 11
both at 9 a.m. 12
13
Councilmember Gray reported last Saturday he attended Coffee with the Council along with 14
Councilmembers Randle and Jenson. 15
16
Councilmember Randle reported he attended Coffee with the Council and encouraged residents 17
to attend the upcoming dates. 18
19
Councilmember Jenson stated he was also at Coffee with the Council and the conversations were 20
very pleasant and informative. He noted it is a good opportunity for residents to meet the 21
Councilmembers and for Council to meet more residents. 22
23
Councilmember Stille stated he participated in the Students in Government on April 10. On April 24
17, he attended the Kiwanis Meeting. 25
26
Mayor Faust had no report. 27
28
VIII. COMMUNITY FORUM – NONE.29
30
IX. INFORMATION AND ANNOUNCEMENTS31
32
Mayor Faust announced the Water Conservation Mayor’s Challenge runs from April 1 – 30, 33
2019, noting that St. Anthony is #19 currently. 34
35
X. ADJOURNMENT. 36
37
Mayor Faust adjourned the meeting at 7:35 p.m. 38
39
Respectfully submitted, 40
Debbie Wolfe 41
TimeSaver off Site Secretarial, Inc. 42
43
Mayor 44
ATTEST: 45
City Clerk 46
4
Saint Anthony Village
DATE: May 14, 2019 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
General Contractors Licenses:
Electro Signs & Design, Blaine, MN
Meyer Contracting, Maple Grove, MN
Rainbow Treecare, Minnetonka, MN
Mechanical Licenses:
Glowing Hearth & Home, Jordan, MN
Metropolitan Mechanical Contractors, Eden Prairie, MN
Commercial Rental Licenses:
Applicant: Northern Gopher Enterprises
Location: 3200 – 3225 Diamond Eight Ter
3804 Highcrest Rd
Rental Licenses:
Applicant: Walter Sentyrz
Location: 2604 27th Ave NE
3401 Coolidge St NE
2508 St Anthony Blvd NE
3100 Wilson St NE
Applicant: 3108 LLC
Location: 3108 31st Ave NE
Applicant: Allen Kluz
Location: 2516 – 2518 37th Ave NE
2600 – 2602 37th Ave NE
Applicant: Christopher Dennis
Location: 2608 - 2610 37th Ave NE
Applicant: Richard Young
Location: 3523 37th Ave NE
Applicant: John Spitzer
Location: 3108 - 3110 39th Ave NE
5
Applicant: Ricardo Shih
Location: 3200 – 3202 39th Ave NE
Applicant: The Legacy of St Anthony
Location: 2540 Kenzie Ter
Applicant: John Tuohy
Location: 2601 Pahl Ave NE
Applicant: Carl Goltermann
Location: 3639 Stinson Blvd NE
6
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1
Check Issue Dates: 5/3/2019 - 5/15/2019 May 09, 2019 07:36AM
Vendor Number Payee Check Number Check Issue Date Amount
10710 ICMA RETIREMENT TRUST 37878 05/03/2019 1,156.00
11792 INTERNATIONAL UNION LOCAL #49 37879 05/03/2019 420.00
11793 LAW ENFORCEMENT LABOR SERVICES 37880 05/03/2019 867.00
10002 LOCAL UNION IAFF #3486 37881 05/03/2019 357.30
11813 NCPERS GROUP LIFE INSURANCE 37882 05/03/2019 32.00
12785 BENNETT, KATHLEEN 37883 05/06/2019 433.70
10436 DRIVER & VEHICLE SERVICES 37884 05/07/2019 45.00
1118 56 BREWING 37886 05/15/2019 572.00
10011 ABLE HOSE & RUBBER LLC 37887 05/15/2019 225.39
10054 ALLIANCE MECHANICAL 37888 05/15/2019 1,046.00
10056 ALLIED MEDICAL PRODUCTS 37889 05/15/2019 118.00
1122 AM CRAFTS SPIRITS 37890 05/15/2019 96.60
1054 AMERICAN BOTTLING CO 37891 05/15/2019 296.96
10098 ARAMARK 37892 05/15/2019 285.21
1100 ARTISIAN BEER COMPANY 37893 05/15/2019 5,370.69
10115 ASPEN MILLS 37894 05/15/2019 229.65
10116 ASPEN WASTE SYSTEMS INC 37895 05/15/2019 165.51
1013 BELLBOY CORPORATION 37896 05/15/2019 3,057.78
1014 BELLBOY CORPORATION 37897 05/15/2019 500.20
1035 BERNICK'S BEVERAGE & VENDING 37898 05/15/2019 5,685.44
10172 BIFFS, INC.37899 05/15/2019 330.85
1018 BREAKTHRU BEVERAGE MN BEER 37900 05/15/2019 29,364.27
1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 37901 05/15/2019 5,247.73
1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 37902 05/15/2019 2,196.43
1114 CANNON RIVER WINERY 37903 05/15/2019 144.00
1017 CAPITOL BEVERAGE SALES 37904 05/15/2019 14,024.87
10263 CENTURYLINK 37905 05/15/2019 135.85
12596 CINTAS 37906 05/15/2019 3,033.78
12150 CITY OF NEW BRIGHTON 37907 05/15/2019 2,399.00
10293 CITY OF ROSEVILLE 37908 05/15/2019 23,820.00
10306 CITY WIDE WINDOW SERVICE INC 37909 05/15/2019 85.50
1010 CLEAR RIVER BEVERAGE COMPANY 37910 05/15/2019 1,530.00
10332 COMPTON'S COMMERCIAL CLNG. INC 37911 05/15/2019 3,578.00
12561 CORE & MAIN LP 37912 05/15/2019 5,845.00
10347 CPS DISTRIBUTORS, INC.37913 05/15/2019 188.45
1042 CRYSTAL SPRINGS ICE 37914 05/15/2019 428.95
10438 D ROCK CENTER & SMALL ENG 37915 05/15/2019 154.75
10373 DAILEY DATA & ASSOCIATES 37916 05/15/2019 1,769.85
10375 DALCO 37917 05/15/2019 299.35
10415 DIRECTV INC 37918 05/15/2019 487.22
10432 DORSEY & WHITNEY 37919 05/15/2019 8,681.89
10473 EMERGENCY APPARATUS 37920 05/15/2019 391.67
10474 EMERGENCY AUTOMOTIVE TECH, INC 37921 05/15/2019 425.84
10501 FASTENAL COMPANY 37922 05/15/2019 1,124.62
10511 FINANCE AND COMMERCE 37923 05/15/2019 190.49
12780 FIRST STATE RECYCLING 37924 05/15/2019 154.10
10526 FLEETPRIDE 37925 05/15/2019 195.82
11866 GALLS 37926 05/15/2019 338.16
12786 GEHRKE, DORIS 37927 05/15/2019 19.37
1110 GENERAL INDUSTRIAL SUPPLY CO 37928 05/15/2019 16.93
10578 GOPHER STATE ONE CALL 37929 05/15/2019 291.85
1032 GRAPE BEGINNINGS, INC.37930 05/15/2019 685.75
10601 GROVE NURSERY 37931 05/15/2019 360.00
7
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2
Check Issue Dates: 5/3/2019 - 5/15/2019 May 09, 2019 07:36AM
Vendor Number Payee Check Number Check Issue Date Amount
10617 HARBOR FREIGHT TOOLS 37932 05/15/2019 64.99
10624 HAWKINS, INC 37933 05/15/2019 8,812.47
10636 HEDBACK, ARENDT & CARLSON PLLC 37934 05/15/2019 3,500.00
10642 HENN CNTY INFO TECH DEPT 37935 05/15/2019 3,533.61
10644 HENNEPIN CNTY FIRE CHIEFS ASSN 37936 05/15/2019 100.00
10661 HENNEPIN COUNTY TREASURER 37937 05/15/2019 626.25
12711 HENNEPIN HEALTHCARE 37938 05/15/2019 910.00
1019 HOHENSTEIN'S, INC 37939 05/15/2019 6,668.20
10684 HOME DEPOT CREDIT SERVICES 37940 05/15/2019 274.79
2020 HUNYUCK BREWING 37941 05/15/2019 135.00
1027 INDEED BREWING COMPANY 37942 05/15/2019 2,230.61
10733 INSTRUMENTAL RESEARCH, INC.37943 05/15/2019 100.00
11754 INTEGRATED LOSS CONTROL, INC.37944 05/15/2019 604.00
12315 IRC RETAIL CENTERS SALO PARK 37945 05/15/2019 2,812.32
12313 IRC RETAIL CENTERS SLV LIQ 37946 05/15/2019 2,284.83
10761 J. SPANJERS CO., INC.37947 05/15/2019 2,068.00
1016 JJ TAYLOR DISTRIBUTING 37948 05/15/2019 20,399.30
1102 JOHNSON BROTHERS 37949 05/15/2019 16,393.95
1004 JOHNSON BROTHERS LIQUOR CO.37950 05/15/2019 8,293.26
1005 JOHNSON BROTHERS LIQUOR COMPANY.37951 05/15/2019 7,872.31
1006 JOHNSON BROTHERS LIQUOR COMPANY.37952 05/15/2019 7,260.91
1044 JOHNSON BROTHERS LIQUOR COMPANY.37953 05/15/2019 8,209.50
10798 KONRAD MATERIAL SALES LLC 37954 05/15/2019 2,340.00
10857 LMCIT % BERKLEY ADMINISTRATORS 37955 05/15/2019 904.53
10833 LMCIT %BERKLY RISK ADMIN CO 37956 05/15/2019 2,893.25
10882 MAMA 37957 05/15/2019 25.00
11985 MANSFIELD OIL COMPANY 37958 05/15/2019 12,769.10
10916 MENARDS LUMBER 37959 05/15/2019 23.80
10932 METROPOLITAN COUNCIL 37960 05/15/2019 1,025.00
10931 METROPOLITAN COUNCIL - WASTEWATER 37961 05/15/2019 61,564.18
12783 MID AMERICA METER INC 37962 05/15/2019 700.00
2005 MILK AND HONEY CIDERS 37963 05/15/2019 300.00
10982 MINNESOTA DEPT OF HEALTH 37964 05/15/2019 46.00
10994 MINNESOTA OCCUPATIONAL HEALTH 37965 05/15/2019 164.00
12441 MTI DISTRIBUTING INC 37966 05/15/2019 573.54
1051 NEW FRANCE WINE COMPANY 37967 05/15/2019 1,182.00
11110 NEWMAN TRAFFIC SIGNS 37968 05/15/2019 279.35
11163 OFFICE DEPOT 37969 05/15/2019 384.51
12112 OREILLY AUTO PARTS 37970 05/15/2019 76.53
11185 PACE ANALYTICAL SERVICES, INC.37971 05/15/2019 1,963.50
12781 PARKER, MARIAN 37972 05/15/2019 11.39
1012 PAUSTIS & SONS 37973 05/15/2019 1,936.75
11211 PETTY CASH - U.S. BANK 37974 05/15/2019 188.92
1001 PHILLIPS WINE & SPIRITS 37975 05/15/2019 4,825.81
1002 PHILLIPS WINE & SPIRITS 37976 05/15/2019 7,542.62
11227 PLUNKETT'S 37977 05/15/2019 16.67
11246 PRAXAIR 37978 05/15/2019 44.00
12747 PRECISE MRM LLC 37979 05/15/2019 100.00
2019 PRYES BREWING COMPANY 37980 05/15/2019 1,104.00
11302 RAMSEY COUNTY 37981 05/15/2019 5,849.55
12787 ROSS, BRIAN & KATHLEEN 37982 05/15/2019 181.84
12346 SHRED IT 37983 05/15/2019 35.31
2018 SMALL LOT WINES 37984 05/15/2019 92.96
8
City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3
Check Issue Dates: 5/3/2019 - 5/15/2019 May 09, 2019 07:36AM
Vendor Number Payee Check Number Check Issue Date Amount
1024 SOUTHERN GLAZER'S OF MN 37985 05/15/2019 1,503.92
1008 SOUTHERN GLAZER'S OF MN 37986 05/15/2019 2,529.23
1026 SOUTHERN GLAZER'S OF MN 37987 05/15/2019 11,677.28
1036 SOUTHERN GLAZER'S OF MN 37988 05/15/2019 1,049.66
12080 SPORT RESOURCE GROUP INC 37989 05/15/2019 14,408.55
11452 ST ANTHONY CHAMBER OF COMMERCE 37990 05/15/2019 100.00
11457 ST ANTHONY VILLAGE CENTER, LLC 37991 05/15/2019 2,216.19
11464 ST. ANTHONY VILLAGE KIWANIS 37992 05/15/2019 70.00
11502 STREICHER'S 37993 05/15/2019 1,268.50
11529 SWEEPER SERVICES 37994 05/15/2019 3,793.60
11531 T A SCHIFSKY & SONS 37995 05/15/2019 581.58
12782 TATARYN, HELEN 37996 05/15/2019 51.25
11552 TESSMAN SEED INC.37997 05/15/2019 174.44
12702 TOKLE INSPECTIONS INC 37998 05/15/2019 806.40
12784 TOMAN, CAROLE 37999 05/15/2019 8.43
11586 TRACY PRINTING 38000 05/15/2019 1,764.20
11595 TRI STATE BOBCAT, INC.38001 05/15/2019 21.77
11609 TWIN CITY GARAGE DOOR 38002 05/15/2019 600.20
11612 TWIN CITY JANITOR SUPPLY 38003 05/15/2019 150.40
11635 UNIQUE PAVING MATERIAL 38004 05/15/2019 803.25
11637 UNITED ELECTRIC COMPANY 38005 05/15/2019 110.16
12776 US SOLAR - MN ONE MT LLC 38006 05/15/2019 5,123.91
11674 VERIZON WIRELESS 38007 05/15/2019 1,741.67
12788 VETERAN SHREDDING 38008 05/15/2019 780.00
11681 VIKING ELECTRIC SUPPLY INC 38009 05/15/2019 34.07
1025 VINOCOPIA 38010 05/15/2019 1,279.50
11693 W. W. GOETSCH ASSOCIATES, INC.38011 05/15/2019 883.66
12739 WASTE MANAGEMENT 38012 05/15/2019 19.37
11704 WASTE MANAGEMENT OF WI-MN 38013 05/15/2019 565.80
11706 WATER CONSERVATION SERVICE INC 38014 05/15/2019 432.10
1034 WINE COMPANY/THE 38015 05/15/2019 1,489.60
1038 WINE MERCHANTS INC 38016 05/15/2019 2,724.00
11738 WSB & ASSOCIATES, INC.38017 05/15/2019 38,416.50
6540 Z WINES USA LLC 38018 05/15/2019 189.00
11748 ZAHL PETROLEUM MAINTENANCE CO.38019 05/15/2019 2,832.00
Grand Totals: 441,399.37
9
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10
CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-041
A RESOLUTION REGARDING RENEWAL OF MUNICIPAL INSURANCE COVERAGE
AND THE NON WAIVER OF TORT LIABILITY LIMITS FOR THE LEAGUE OF
MINNESOTA CITIES INSURANCE PROGRAM.
WHEREAS, the City Council of the City of St. Anthony hereby approves participation in the
League of Minnesota Cities Insurance Trust (LMCIT) insurance program for the
year 2019 through 2020; and
WHEREAS, the City has elected to purchase excess coverage in the amount of $1,000,000.00.
WHEREAS, the City DOES NOT WAIVE the monetary limits on municipal tort liability
established by Minnesota Statutes, Section 466.04.
BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the renewal
of insurance coverage through the League of Minnesota Cities for the policy period of June 1, 2019
to May 31, 2020.
THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony
hereby does not waive the monetary limits on tort liability established by MN statute 466.04, Subd.
7, to the extent of the limits of the liability coverage obtained from the LMCIT for the policy period
of June 1, 2019 to May 31, 2020.
Adopted this 14th day of May, 2019.
_________________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
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12
MEMORANDUM
To: St. Anthony Village Mayor & City Council
From: Stephen Grittman, City Planner
Date: City Council Regular Meeting for May 14, 2019
NAC Project No. 323.01 – 19.07
Request: Request to keep six (6) female chickens in an R-1 Zoning District
Location: 3612 Coolidge St. NE
DISCUSSION AND STAFF RECOMMENDATION
Staff has received an inquiry from the Applicants, owners dated May 2nd, 2019 requesting a permit to
keep up to six chickens at their residential property at the above address. The property is zoned R-1,
Single Family Residential, and is surrounded
primarily by single family neighborhood in all
directions.
The Applicants have provided a diagram of the
property showing the location and dimensions of
the chicken coop in relation to their property. The
proposed location is along the south property lines
near the side yard fence and aligned with existing
vegetable gardens and a shed. The proposed
structure would be 79 inches by 26.5 inches
(roughly 14.5 square feet) in area, and roughly 4.3
feet tall.
According to the site plan provided by the
applicants, the coop would appear to be located
approximately 2 feet from the side yard boundary fence and will be set back the same distance as the
existing shed and vegetable gardens. For accessory buildings, a setback requirement from adjoining side
and rear lot lines is 5 feet. The applicants should verify that the existing shed and the proposed coop
would be shifted (if necessary) to meet the required setback. While these structures do not require
building permits, zoning setbacks would still apply.
The drawing provided with the application indicates that the chickens will be fully enclosed in the
proposed coop. The chicken coop is made out of western red cedar wood and will be painted to blend
with the existing buildings and landscape. The coop is intended to be covered with a vining plant in the
spring, summer and fall to provide both shade and hide it from view.
13
Page 2
As noted, the applicants are requesting approval for six chickens. The City’s requirements will typically
specify that the chickens must all be hens, no male roosters permitted on the property to avoid noise
concerns.
CITY CODE RELATED TO REQUEST
Title IX General Regulations, Chapter 91 Animals, Section § 91.56 KEEPING OF CERTAIN ANIMALS states
that “No person may keep swine, cattle, horses, goats, or more than 2 dogs or 3 dogs allowed under §
91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted
land, without approval of the City Council. The City Council may, before approving or denying any
request for approval, request a report from the Health Officer concerning the effect on public health.”
REQUESTED ACTION
Staff has reviewed the request, and recommends approval of the request.
1. Motion to adopt a resolution approving the request to keep six female chickens on the
property located at 3612 Coolidge Street NE. A draft resolution reflecting approval is attached
to this staff report. This approval should be conditioned on demonstrating compliance with
the required 5-foot setback applicable to both the chicken coop and the existing shed.
2. Motion to deny the request for chickens at 3612 Coolidge Street NE, and direct staff to prepare
a resolution declaring terms of the same. In the event the City Council chooses denial of the
request, it should clearly state its reasons for the denial and direct staff to prepare a resolution
based on said findings.
ATTACHMENTS
Exhibit A: Request Letter and Enclosure Diagram
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-042
RESOLUTION TO APPROVE A REQUEST TO KEEP SIX (6) FEMALE CHICKENS IN
AN R-1 ZONING DISTRICT AT 3612 COOLIDGE STREET
WHEREAS, staff received a request from Rachel and Michael Blodgett for permission
to keep chickens on their property located at 3612 Coolidge Street; and
WHEREAS, the City of St. Anthony Code of Ordinances, Section 91.56, Keeping of
Certain Animals, specifies that livestock, including fowl, require approval from the City Council;
and
WHEREAS, Rachel and Michael Blodgett have submitted a written request for approval
from the City Council, as outlined in Subsection 91.56, to approve their request to keep chickens;
and
WHEREAS, Rachel and Michael Blodgett have submitted a geographical description of
the placement of the enclosure that will house the chickens in relation to their property; and
WHEREAS, Hennepin County Environmental Health Division has stated that this matter
is within the City’s jurisdiction and authority; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of St.
Anthony Village approves the request to keep six (6) female chickens in an R-1 Zoning District at
3612 Coolidge Street.
APPROVED in the regular session of the City Council on May 14, 2019.
_________________________________________
Jerome O. Faust, Mayor
ATTEST:___________________________
Nicole Miller, City Clerk
Review for Administration: _______________________________________
Mark Casey, City Manager
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20
MEMORANDUM
To: St. Anthony Village Mayor & City Council
From: Stephen Grittman, City Planner
Date: City Council Meeting – May 14, 2019
NAC Project No. 323.01 – 19.01
Request: Request for Variance to Front Yard Setback Requirement; Variance to
Side Yard Setback Requirement; Variance to Impervious Surface Coverage
Requirement
Property Address: 2609 Pahl Avenue
Property PID: 07-029-23-21-0080
PLANNING COMMISSION RECOMMENDATION
The applicant has constructed an addition to the rear of an existing home at the above noted
address. The addition to the one-story rambler included a large window well area to provide
light to the lower level. As a part of the project, the applicant constructed walkways and a
patio that were not included on the original plans. Additional proposed work includes front and
rear raised landings, one of which is the construction of a front stoop that encroaches into the
front yard setback. In reviewing the work, the project both as now constructed and as
proposed raises three elements that require variances, as follows:
A.Raised front steps that encroach farther into the required 35.9 foot front yard setback
(the existing structure is currently closer than the average setback of the adjoining
parcels). The proposed setback would be 25.6 feet.
B.Sidewalk access between front and rear yards which expands to a patio that encroaches
by 3.8 feet into the required 5 foot side yard setback, to a proposed setback of 1.2 feet
(this portion was constructed but not approved previously).
C.Steps, walkway, and patio which combine to increase impervious surface on the lot by
2.5% beyond the required 35% maximum coverage.
Variances from each of these three standards are required to proceed with the project as
planned.
As the project proceeded through staff review and then to the Planning Commission, the
applicants continued to modify their proposal in an attempt to lessen the degree of variance
needed for both item B. (side yard) and C. (Impervious). While succeeding proposals came
closer to compliance with code requirements, the impervious surface level always exceeded the
35% threshold.
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May 14, 2019
Page 2
Following the public hearing, the Planning Commission ultimately voted to recommend
approval of the front setback variance for the stoop improvements, but denial of the variance
for side setback encroachment for patio, and denial of the variance to the impervious surface
standard.
To be noted is the issue raised by the side setback proposal. As noted in the staff report, the
City requires a five foot setback for a “patio”, which is defined by usage, but no setback for
sidewalk, which is undefined. Staff’s interpretation was that any surface greater than 5 feet in
width constituted a patio for usage purposes, rather than a sidewalk as the applicants originally
proposed. Modification of the applicant’s existing paved areas would need to occur to both
avoid the patio setback encroachment, and to meet the impervious surface standard. Denial of
these variances implies these modifications, which the applicants would have to demonstrate
to code enforcement staff.
The Planning Commission suggested that the sidewalk/patio discussion be included in a
discussion of potential zoning ordinance amendments, which the Commission will be convening
at a workshop meeting on May 21.
Staff has reviewed for height, yard setbacks, and other zoning standards; the request appears
to meet all other code requirements.
GENERAL INFORMATION
Applicant: Thomas and Lindsay Wernimont
Owner: Thomas and Lindsay Wernimont
Location: 2609 Pahl Avenue
Existing Land Use Low-Density Residential
Zoning: R-1 Single Family District
Surrounding Land North: Low-Density Residential / Zoned: R-1 Single Family District
Use / Zoning: East: Low-Density Residential / Zoned: R-1 Single Family District
South: Low-Density Residential / Zoned: R-1 Single Family District
West: Low-Density Residential / Zoned: R-1 Single Family District
Deadline for Agency Application Complete Date: January 28, 2019
Action: 60 Days: March 29, 2019
Letter Sent: March 11, 2019
120 Days: May 28, 2019
ANALYSIS
1. Background
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May 14, 2019
Page 3
The applicant is proposing to construct site modifications that will encroach into the front
and side setbacks, and exceed the maximum allowable impervious surface. The parcel in
question is shown on the zoning map below, and is 60 feet in width and approximately
9,285 square feet in area.
A. Front Setback Variance. The homes adjacent to the subject parcel result in an
average setback of 35.9 feet for this parcel. The existing home on the property is
currently at 32.6 feet, encroaching by 3.3 feet into the required setback. The
applicants propose to construct front steps that would encroach an additional 7 feet
into the required front yard. The zoning ordinance includes an allowed
encroachment for stoops than may extend into a front yard by an additional five
feet. Thus, the measured encroachment for the proposed front yard variance would
be 5.3 feet.
The zoning ordinance sets out a series of criteria for a request to qualify for variance
consideration. Those criteria are found in §152.245, (C) Evidence of the Zoning
Chapter, and are included in this report for reference below. The criteria can be
summarized as whether there are unique conditions on the property that contribute
to creation of a practical difficulty in putting the property to what would otherwise
be considered a reasonable use – reasonable use is often thought of as one that
would be common and acceptable in the area. Variances may not be entirely
economic in nature, nor be the result of the actions of the applicant.
In this case, the applicants suggest that there are conditions that meet the required
criteria. First, the applicant’s home is setback 32.6 feet from the street – similar to,
or slightly more than, nearly every other home constructed along the block of Pahl
Avenue. Only the location of the single neighboring property to the east – a larger
parcel at the corner of Pahl and Wilson Street NE – includes a 39.8 foot setback,
which skews the subject property setback requirement significantly.
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May 14, 2019
Page 4
The house on the parcel to the west is setback at 31.9 feet (0.7 feet closer than the
subject parcel), and includes a front stairway encroaching to 23.0 feet from the right
of way line. The applicant’s request is to construct a stairway at a setback of 25.6
feet.
The applicants further suggest that the requested stoop is reasonably sized to
accommodate a landing for entry into the home – a common feature – and then
steps to access the landing both toward the street and to the side. A sidewalk
toward the side would then extend around the house to facilitate rear yard access
from this point.
The proposed design does not appear to be out of character with the neighborhood.
Moreover, a landing of the size proposed by the applicants would not be able to be
constructed fully within the setbacks as defined by the adjoining properties. The
proposed landing and steps are reasonably sized, in character with the site and the
neighborhood, and appear to meet the requirements of the variance criteria as
listed in the code.
As noted above, staff recommends approval of the variance for the front yard
encroachment for the proposed steps as shown in the applicants’ application.
B. Side Yard Setback Variance. The applicants propose to add sidewalk access between
the front and rear yards, extending the sidewalk from the front steps to a new
landing behind an existing enclosed porch area. Walkways on private property are
not required to maintain a separate setback, however, patios are required to
maintain a minimum 5 foot setback from a side property line.
The code does not define “sidewalk” or “walkway”. The code defines “patio” as
follows:
PATIO. A courtyard or other finished exterior ground surface open to the sky
constructed of rock, brick, concrete, stone, or similar materials and commonly
used for relaxation, socializing, or dining.
The general City Code references to sidewalk and walkway apply almost exclusively
to public sidewalks, but also do not define the term.
In common usage, a sidewalk is a pedestrian pathway, and in residential
applications, is normally between 3 and 5 feet in width. This appears to be the
current condition on the subject property, and common in the nearby
neighborhood.
The applicants have constructed a sidewalk within the existing side yard on the east
side of the house, an open area that is 11.2 feet wide between the house and the
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May 14, 2019
Page 5
property line. The setback for the sidewalk is not delineated on the current plan,
but as it nears the rear of the porch area, it is widened to approximately 10 feet,
extending to within 1.2 feet of the side property line.
At this point, staff would interpret the paved space to be a “patio”, under the
definition in the code, even though it includes a walkway function. At 10 feet in
width, it would also accommodate the recreational uses noted in the definition.
As such, it is staff’s interpretation that this area must maintain a 5 foot setback from
the side property line. The purposes of the setback for such uses are many. The
setback accommodates a reasonable separation of activities that may impact a
neighboring property. Patios allow for sustained activity, whereas a sidewalk is
utilized only intermittently, making separation more important for patio areas. The
setback area accommodates the possibility of screening or buffering – including
fencing and/or landscaping - that can increase privacy. The setback also helps
accommodate the additional drainage and runoff that would be common with a
larger paved area, a condition that would not be as significant an issue with a
narrower sidewalk.
As developed, the applicants have numerous alternative locations for patio space to
the proposed side yard encroachment. A patio space could be developed and
accessible to the steps and landing being proposed adjoining the porch toward the
rear of the property, rather than the side, and easily meet or exceed the five foot
setback requirement.
Finally, judging by aerial photography, side-yard patio encroachments do not appear
to be common in the neighborhood. It is difficult to imagine that a patio with the
encroachment proposed by the applicant would be necessary to make reasonable
use of the property.
As such, staff does not recommend approval of the variance for a side yard setback
encroachment as shown on the proposed plans. The applicant should remove this
aspect of the project from the proposed construction plans for the site.
The applicants note that they have not applied for a variance to this setback,
maintaining instead that the space is a “decorative walkway”, not subject to the
patio setback requirement. Staff noticed this variance as an aspect of the project to
avoid having to return to this issue at a later date. Because the concrete
encroachment is already in place, and because staff’s interpretation is that this area
is required to meet a 5 foot setback, the alternative would be to initiate an
enforcement action to remove the encroaching pavement. A variance request
would be the remedy for the property owner. Nonetheless, staff does not
recommend approval, and removal would be the result of a variance denial.
An alternative option would be for the applicants to appeal the staff interpretation
of this pavement. An appeal is heard by the Planning Commission, sitting as the
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May 14, 2019
Page 6
Board of Adjustments and Appeals, recommending to the City Council. As such, the
process is the same as the variance process, with the standard of review similar as
well.
C. Impervious Surface Variance. The third variance requested is an increase in the
impervious surface on the property from the maximum 35% to 37.5%. Impervious
surfaces are those that are covered by material that is highly resistant to infiltration
by water. The purpose of impervious surface regulations is to minimize flooding and
stormwater control issues that contribute to sedimentation and pollution of local
and regional water bodies. Particularly in areas that were developed prior to
contemporary stormwater ponding and treatment requirements, managing
impervious surfaces is a key component in avoiding these problems.
The requirement for lots of more than 9,000 square feet (as with the subject parcel)
is a maximum impervious coverage of 35%. For this parcel, this results in a total of
3,250 square feet of eligible impervious surface. As designed, the surveyor’s plans
show an impervious total of 3,482 square feet, an excess area of 232 square feet. As
discussed, the applicants made a series of changes to their plan, eventually reducing
their variance request to 36.6% coverage.
The applicants note that for lots below the 9,000 square foot threshold, the
impervious allowance is 40%, a standard that can result in anomalous impacts – such
as, an 8,900 square foot lot which would be permitted more total impervious area
than the applicants’ parcel.
Nonetheless, the issue is not whether the applicants are close to the standard, but
whether the variance criteria are met. The applicants have an otherwise conforming
parcel with no apparent unusual conditions that would separate it from other similar
parcels in similar circumstances. The approval of a variance in this case would
appear to be granting a unique privilege not common to similarly situated lands – at
odds with the requirements for equal treatment.
Finally, a further alternative for the applicants to consider would be construction of
a wood deck, which is not considered to be impervious if it permits precipitation to
drain through the deck to a pervious ground below. While the soils in the area do
not easily accommodate infiltration, this solution is allowed by the code and is
available to the applicants without increasing impervious coverage beyond the 35%
standard, presuming it would meet required setbacks of 5 feet from the side
property line.
In summary, staff does not recommend approval of the impervious surface variance.
As noted, the purposes of the ordinance would be thwarted by approval of this
variance, particularly without the requisite uniqueness or practical difficulties
present.
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May 14, 2019
Page 7
2. Representative Codes Referenced.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.039 (E) Front yard apply to this
proposal. City Code Section 152.039 (E) states the front yard must have a depth equal to the
greater of 30 feet or a distance equal to the average of the front yard depths of the two
adjacent lots.
Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application
states that “An owner of property with an existing structure which does not comply with
the zoning code, or of property on which such a structure is proposed to be constructed,
may apply for a variance upon payment of the fee specified in Chapter 33”.
3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage,
Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council
must consider in determining whether to grant or deny a variance.
Request: Request for a 7-foot variance from the required front yard setback. The applicable
criteria include:
1. The subject matter of the application is within the scope of this section.
2. Strict enforcement would cause practical difficulties because:
a. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning code;
b. The plight of the property owner is due to circumstances unique to the property
not created by the property owner;
c. The variance, if granted, will not alter the essential character of the locality; and
d. Economic considerations alone are not the basis of the practical difficulties.
3. The variance, if granted, would be consistent with the City’s comprehensive land use
plan.
4. The granting of the variance is in harmony with the general purposes and intent of the
zoning code.
SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATIONS
Front Yard Setback Variance. Staff and Planning Commission recommend approval of the
requested front yard setback encroachment variance at 2609 Pahl Avenue with the following
conditions:
A. The front steps are constructed to a point no closer than 25.6 feet from the front
property line, as shown on the plans dated 10/31/18.
B. The plans are modified to meet the zoning ordinance requirements for all other
aspects, including patio setback and impervious surfaces, unless otherwise approved by
the City Council. This condition would include removal of any unapproved elements of
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May 14, 2019
Page 8
the project, including encroaching patio area adequate modifications to meet the
impervious surface maximum of 35%.
C. Any required permits for construction are applied for and approved by other relevant
staff.
This recommendation is based on a finding that the proposed steps are consistent with the
character of the neighborhood, and constitute reasonable use of the property, overcoming
practical difficulties related to the imposition of unusual setback requirements by adjoining
homes and limitations to reasonable access to the existing structure.
Side Yard Setback Encroachment Variance. Staff and Planning Commission recommend denial
of the proposed side yard setback encroachment for the patio as designed and shown on the
plans dated 10/31/18. This recommendation is based on a finding that the request is
inconsistent with commonly found conditions in the neighborhood; that there do not appear to
be any unique conditions on the property that would support varying from the ordinance 5 foot
setback standard; and that there are alternatives available to the applicant that can be
developed without the need for variance.
Impervious Surface Coverage Variance. Staff and Planning Commission recommend denial of
the variance for the proposed increase in impervious surface coverage. As noted, the
maximum impervious surface standards are in place to protect the City, and neighboring
property, from the potential for flooding, as well from excessive runoff of rainwater, sediment,
and pollutants. No apparent special conditions are present that would justify a departure from
the standard, and as noted, the applicants have alternatives that can provide recreation space
without need for variance.
ALTERNATIVE ACTIONS
Decision 1. Variance to Front Yard Setback
1. Motion to approve the request for a variance to the front yard setback for
construction of front landing and steps within the required 35.9 foot setback at 2609
Pahl Avenue and direct staff to prepare resolution declaring terms of the same.
2. Motion to recommend denial of the variance as requested. In the event of a
recommendation for denial, the Planning Commission must state its findings related to
denial.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 2. Variance to Side Yard Setback
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May 14, 2019
Page 9
1. Motion to recommend approval of the request for a variance to the side yard setback
for construction of a patio within the required 5 foot setback at 2609 Pahl Avenue and
direct staff to prepare resolution declaring terms of the same.
2. Motion to deny the variance as requested. Denial findings are included in the
proposed resolution.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
Decision 3. Variance to Impervious Surface Coverage
1. Motion to recommend approval of the request for a variance to the impervious surface
coverage at 37.5% at 2609 Pahl Avenue and direct staff to prepare resolution declaring
terms of the same.
2. Motion to recommend denial of the variance as requested. Denial findings are
included in the proposed resolution.
3. Request Additional Information and Table Action, subject to the submission of
additional information from staff and/or applicant.
ATTACHMENTS
Exhibit A: Location map
Exhibit B: Application and Supporting Material
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30
31
32
33
34
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Our Home
Our home was built in 1952, 20 years before the zoning code and 41 years before a lot coverage ordinance was adopted.
In the 50’s, single story homes with detached garages were customary in St. Anthony. 70 years later this continues to be
the predominant home type in our neighborhood. During our remodel, we were able to maintain this neighborhood
context while also preserving the façade of our home by building off the back of our house versus building up. What
seemed like a logical idea at the time, is proving to be a detriment to us as our modest 15’ foot addition constitutes 15%
(476 sf) of our allowed lot coverage with the total house coverage now being 45%.
Lot Coverage
From the timeline provided (Appendix A), a pattern of allowing more lot coverage within Saint Anthony is apparent.
After adoption of the lot coverage ordinance in 1993, it was revised 2 times to increase coverage over the next 7 years,
with the latest revision allowing 40% coverage to smaller lots. From our research, the ordinance was revised to
accommodate lots like ours and many others in our neighborhood with single story houses and detached garages. The
cutoff for 40% coverage was picked intentionally to exclude lots developed after the minimum lot size of 9000 sf became
part of the zoning code (as far as we can tell).
A few things of note, a 1-story home requires more lot coverage/square foot than a 2-story home of the same square
footage. Detached garages also occupy more space than an attached garage, as do side-entry garages which require
larger driveways than alley or street facing garages. More specifically, building code for a side entry driveway states a
minimum length of 30’ with a suggested length of 35’. Our driveway is currently 32’ (reasonable) and accounts for 7.3%
of our allowed lot coverage. Or 13% total when our garage is added in.
While our lot is barely (3%) over the threshold (see Appendix B), it can easily be compared to the same size (60’ wide)
lots on our block that are less than 9000 sf as all house widths are maxed at 45’ (15’ in setbacks). Similar lot sizes, similar
house sizes, but our lot has the unique component of being longer (rear lot line not parallel) which puts it over the
seemingly random 9000 sf threshold. This coverage percentage becomes more baffling for us when considering a longer
lot requires more sidewalk to get from the front to the back of the lot (detached garage) but the code allows us much
less (up to 10%) coverage than most of these same size lots. When researching “zoning amendment”, we found the
following that is a main factor for granting relief from an ordinance: The effect that the ordinance has on your property
value and the value of the nearby property. Granting most of the same width smaller lots in a neighborhood 10% more
coverage than our larger lot qualifies. We can put a price to it after receiving a $129,000 improvement value on our
proposed property taxes for the addition that again equated to 15% coverage increase. That would make an additional
10% of coverage worth approximately $86,000 in property value.
The commission has denied our lot coverage variance as they didn’t want to set a precedent. By never allowing a
“precedent”, a reverse intent is set that discourages neighborhood reinvestment which directly conflicts with the city’s
comprehensive plan. No lot coverage variances mean home improvements are now at the expense of hardscapes
(sidewalk, patio, etc.) or at the detriment to neighborhood character. For example, adding 15’ (2 bedrooms and 1
bathroom) onto our small 3-bedroom 2-bathroom home will no longer allow us to have reasonable sidewalk access from
the front to the back of our home as we previously did. We are sure this will be missed when we attempt to navigate our
2 small children in a stroller from Pahl Ave to our garage in the alley.
If said variance were granted and a precedent set, it could be deemed a “good” precedent because it is addressing an
irrationality in the code. In the future, the NEW exception would only apply to lots over 9000 sf with similar
circumstances (single story homes with detached garage). This thinking allows the variance to be granted with sound
reasoning and limited expansion to other situations as it was granted based solely on the lot’s uniqueness and not just
lot size. Even better would be the city amending the code to allow all lots over 9000 sf the greater of 3600 sf (8,999 sf x
40%) OR 35% for lot coverage so that homeowners with larger lots do not receive less coverage than smaller lots. A
code amendment could also prevent homeowners with similar circumstances from going through the same measures or
worse (repeal in court) than we have so far.
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APPENDIX A
APPENDIX B
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CITY COUNCIL
MAY 14, 2019
2609 PAHL AVENUE–
Front Setback Variance for Entry Stoop
Side Setback Variance for Patio
Impervious Surface Coverage
3401 HARDING STREET NE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE
51
2609 PAHL AVENUE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE; IMPERVIOUS SURFACE VARIANCE
Project Description:
Building Additions: Front: Pahl Ave (south); Entry Stoop
Concrete Pavement
Front sidewalk
Rear sidewalk
Site sidewalk/Patio
2609 PAHL AVENUE
FRONT SETBACK VARIANCE; SIDE SETBACK VARIANCE; IMPERVIOUS SURFACE VARIANCE
VARIANCE CRITERIA:
Use is a reasonable one, given the character of the neighborhood
Unique conditions exist on the property
Those conditions create practical difficulties in putting the property to that
reasonable use; and
Conditions cannot be created by the owner;
Conditions cannot be solely economic in nature.
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2609 PAHL AVENUE
AERIAL PHOTO
2609 PAHL AVENUE
INITIAL SITE PLAN AMENDED SITE PLAN
53
2609 PAHL AVENUE
FRONT YARD SETBACK VARIANCE
Front Yard Setback
Variance
25.6 feet
Variance of 5.3 feet
2609 PAHL AVENUE
SIDE SETBACK VARIANCE FOR PATIO
Side Yard Setback Variance for
Patio
5 foot setback required
Original installation at 1.2 foot
setback (3.8 feet encroachment)
Revised to meet sidewalk width
(no setback), with one
exception (7’ x 8’) at 3.5 feet
setback
54
2609 PAHL AVENUE
IMPERVIOUS SURFACE VARIANCE
Impervious Surface Variance
35% Maximum Requirement (3,250 square feet on subject property)
Original (noticed) proposal at 37.5% (3,482 square feet)
Revised proposal at 36.6% (3,400 square feet)
2609 PAHL AVENUE
STAFF RECOMMENDATIONS
1. Front Entry Stoop (Front Setback Variance)
Staff and Planning Commission recommend approval of the requested front yard setback
encroachment variance at 2609 Pahl Avenue with the following conditions:
A.The front addition for an entry stoop is constructed to a point no closer than 25.6 feet from
the front property line, as shown on the plans dated 10/31/18.
B.The plans are modified to meet the zoning ordinance requirements for all other aspects,
including patio setback and impervious surfaces, unless otherwise approved by the City
Council as a part of this application. This condition would include removal of any
unapproved elements of the project.
C.Any required permits for construction are applied for and approved by other relevant staff.
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2609 PAHL AVENUE
STAFF RECOMMENDATIONS
2. Patio/Sidewalk Encroachment (Side Setback Variance)
Staff and Planning Commission recommends denial of the variance as requested.
The staff recommendation includes a requirement that the applicant make corrections
to the submitted plan, as well as the constructed improvements, to ensure that either
(a) any paved area greater than 5 feet in width meets the required 5 foot setback for
patios; or (b), any paved area is modified to be no more than 5 feet in width so as to
constitute a sidewalk rather than a patio.
2609 PAHL AVENUE
STAFF RECOMMENDATIONS
3. Impervious Surface Variance
Planning Commission recommends denial of the variance for the proposed
increase in impervious surface coverage to allow up to 3,400 square feet of
impervious surface, requiring removal of adequate paved surface to meet sidewalk
widths of no more than 5 feet, or patio setbacks of no less than 5 feet, and impervious
surface coverage of no more than 35%.
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-043
A RESOLUTION APPROVING A REQUEST FOR
A 5.3 FOOT VARIANCE (SETBACK OF 25.6 FEET) FROM
THE REQUIRED FRONT YARD SETBACK FOR A FRONT STOOP;
DENIAL OF A REQUEST FOR A 1.6% (150 SQUARE FEET) VARIANCE
FROM THE IMPERVIOUS SURFACE STANDARD OF 35.0%; AND
DENIAL OF A REQUEST FOR A VARIANCE TO THE REQUIRED
SIDE YARD OF SETBACK OF 5.0 FEET FOR PATIO AREAS.
WHEREAS, the City of St. Anthony Village received a request from Tom and Lindsay
Wernimont for variances from the required front setback to allow for placement of front entry
stoop, and a variance from the maximum impervious surface of 35% for residential lots to
accommodate existing paved sidewalk and patio space, at 2609 Pahl Avenue, legally described
as follows:
Lot 33, Block 5, Murray Heights Addition to Minneapolis (Subject Property); and
WHEREAS, the property is located in the R-1 Single Family Residential district and the
applicable front yard setback is 30 feet for the Subject Propert y; and
WHEREAS, the applicable side yard setback for patios in said district is 5 feet; and
WHEREAS, the applicable impervious surface coverage requirements for lots of more than
9,000 square feet is 35.0%; and
WHEREAS, Title XV Land Usage, Chapter 152 Zoning Code Section §152.245 provides that
City Council must provide evidence that the subject matter of the application is within the scope
of the section and that strict enforcement would cause practical difficulties; and
WHEREAS, the Applicant has requested variances from both front and side yard setback
dimension requirements to accommodate a front entry stoop, existing paved patio, and total
impervious surface of up to 36.6%; and
WHEREAS, the Planning Commission has considered all of the comments, submissions and the
staff report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on April 16, 2019 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution:
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Approval of Variance to Required Front Setback for Stoop:
1. The property is located in an area of varying setbacks from the street.
2. The proposed improvements to the property are consistent with the character of the
neighborhood in which it is located.
3. The setbacks required by the ordinance for inhibit the reasonable access to the principal
entry in question.
4. Due to the conditions found on the property, there are practical difficulties in complying
with the strict terms of the ordinance.
5. The proposed variance will accommodate reasonable use without negative impacts on
neighboring property nor on public improvements and services.
Denial of Maximum Impervious Surface Variance:
1. The property is over the 9,000 square feet in area, limiting allowable impervious surface
to no greater than 35% of the lot area.
2. The subject property is located in an area that has experienced flooding and stormwater
management issues in the past.
3. The proposed improvements to the property are not consistent with the character of the
neighborhood in which it is located.
4. The impervious surface areas can be reduced to meet the threshold requirement without
variance, and still preserve reasonable use of the property.
5. Due to the conditions found on the property, there are no apparent practical difficulties in
complying with the strict terms of the ordinance.
6. Denial of the variance would be consistent with the actions of the City Council in its
efforts to manage runoff and impervious surfaces on other similarly situated property.
Denial of a Variance to the Required Side Yard Setback for Patios:
1. The applicant has alternatives to location and/or construction of outdoor entertainment
spaces that will not require variances.
2. The encroachment of a patio space into the required 5 foot setback interferes with the
ability to screen such uses from adjoining residential property.
3. The encroachment of a patio space into the required 5 foot setback raises the potential for
unanticipated drainage issues between properties.
4. There are no practical difficulties that support the retention of the previously constructed
patio space in the existing location.
5. Sidewalks are allowed to encroach into the side yard, but in common residential
applications are no more than 5 feet in width.
6. The applicant can reduce the width of the existing concrete areas to no more than 5 feet
in width, and avoid setback encroachment concerns.
NOW THEREFORE MAY IT BE RESOLVED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the
staff report and by the Planning Commission and approves a variance to the required
front setback requirements as shown on the plans dated 10/31/18 and modified on 4/2/19,
at 2609 Pahl Avenue:
a. 5.3 feet (25.6 foot setback) to the front (Pahl Avenue).
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And further,
MAY IT BE RESOLVED, that the City Council of the City of St. Anthony
Village hereby denies any variance for impervious surface coverage beyond the
ordinance requirement of 35%, and also denies a variance for a patio setback of less than
5 feet, providing that any paved area within the required 5 foot setback area be modified
from the existing condition to a dimension no greater than 5 feet in width so as to
constitute a residential walkway; or that any paved area greater that 5 feet in width be
modified from the existing condition to meet the required 5 foot setback for patio areas,
and that plans documenting compliance are prepared and delivered to the City reflecting
compliance with this Resolution.
Passed in regular session of the City Council on the 14th day of May, 2019.
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
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S:\1Council Meetings\2019\05142019\Memorandum_Resolution_AuthorizeEAW-042619.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum
To: Mark Casey, City of St. Anthony Village
Honorable Mayor Faust and Members of the City Council
From: Todd Hubmer PE, WSB – City Engineer
Date: April 26, 2019
Re: Silver Lake Village Multifamily Redevelopment
Environmental Assessment Worksheet (EAW)
WSB Project No. R-013966-000
On April 18, 2019, Doran Development submitted a letter to the City of St. Anthony Village (City)
requesting the completion of an Environmental Assessment Worksheet (EAW) for the proposed
Silver Lake Village Multifamily Redevelopment project.
In response to this request, we have prepared for the Council’s consideration, the attached
resolution authorizing the preparation of an EAW for the development of nearly 500 residential
units at Silver Lake Village
If you have any questions, please call me at 763-287-7182.
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7803 Glenroy Road, Suite 200 | Bloomington, MN 55439 | 952.288.2000 | Fax: 952.288.2001 | www.DoranCompanies.com
April 18, 2019
Silver Lake Village Multifamily Redevelopment
Honorable Mayor Faust and Members of City Council,
Bloomington, MN—based Doran Companies (“Doran”) is proposing a phased multifamily redevelopment (the
“Project”) of the vacant Wal-Mart parcel located at 3800 Silver Lake Road (“Project Site”) in the Silver Lake Village
shopping center in the City of St. Anthony, MN. Anticipated to bring approximately 500 units over two phases, the
project aims to increase density and provide much-needed housing options to St. Anthony and surrounding residents.
As part of the City’s review and approval process of the project, an Environmental Assessment Worksheet
(“EAW”) is required. Doran has worked with City Staff to identify WSB as the preferred provider for this scope of work
and we understand the costs of this work will be borne by Doran. It is our understanding that the City requires a formal
request for an EAW to be authorized. Please consider this letter our formal request that the Council authorize this EAW
to be performed and completed.
We look forward to working with you to create this exciting new community in the City of St. Anthony.
Sincerely,
Evan Doran
Senior Director of Development
Doran Companies
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CITY OF ST. ANTHONY VILLAGE
STATE OF MINNESOTA
RESOLUTION 19-044
A RESOLUTION AUTHORIZING THE PREPARATION OF AN ENVIRONMENTAL
ASSESSMENT WORKSHEET (EAW) FOR THE PROPOSED SILVER LAKE VILLAGE
MULTIFAMILY REDEVELOPMENT
WHEREAS, the City of St. Anthony Village is the Responsible Government Unit (RGU), for
completion of an Environmental Assessment Worksheet (EAW) pursuant to Minnesota Rules 4410; and
WHEREAS, Doran Development is proposing a multifamily residential redevelopment project,
which requires mandatory preparation of an EAW in accordance with MN Rules 4410.4300 – Subpart 19
A (Residential Development), as the proposed project exceeds the threshold of 375 attached units in a city
within the seven-county Twin Cities metropolitan area that has adopted a comprehensive plan. The
project proposed approximately 500 attached units; and
WHEREAS, Doran Development has provided the City a letter, dated April 18, 2019 requesting
authorization by the City Council, for completion of the EAW.
WHEREAS, Doran Development understands the cost of the preparation of the EAW will be
borne by Doran Development; and
WHEREAS, the findings and conclusions of the EAW process will be presented to the City
Council at a future City Council meeting as to whether the project has potential for significant
environmental impacts that would trigger the need for preparation of an Environmental Impact Statement
(EIS).
NOW THEREFORE, BE IT RESOLVED by the City Council of St. Anthony Village, MN:
The City authorizes the City Engineer to prepare the mandatory EAW for the proposed Silver Lake
Village Multifamily Redevelopment in accordance with MN Rules.
Adopted this 14th day of May, 2019.
_________________________________________
Jerome O. Faust, Mayor
ATTEST: ____________________________
Nicole Miller, City Clerk
Review for Administration: _________________________________________
Mark Casey, City Manager
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REQUEST FOR COUNCIL CONSIDERATION
Meeting Date: May 14, 2019
Ordinance-Amendment to Chapter 112 Alcoholic Beverages
OVERVIEW:
In front of you this evening are proposed amendments to Chapter 112 Alcoholic Beverages, section
112.09 Places Ineligible for a License. This is the first of three readings.
National Grill is providing food and beverage service at the clubhouse for Gross Golf Course. They
currently have a 3.2 On-sale malt liquor license, which is permitted per our City Code.
National Grill is requesting an amendment to the City Code to allow Golf Courses located in the
Recreation/Open Space District to be eligible for a Wine license or a full On-sale intoxicating liquor
license.
Currently our City Code permits Wine and On-sale intoxicating liquor license only to restaurants
located in the Commercial District.
Gross Golf Course is the only Golf Course located in the Recreation/Open Space district in St.
Anthony. All other license requirements for liquor licensing will remain the same as outlined in the
City Code.
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ORDINANCE NO. 2019-02
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING SECTION 112.09 ALCOHOLIC BEVERAGES, PLACES
INELIGIBLE FOR A LICENSE
The City Council of the City of Saint Anthony Village ordains as follows:
Section One. Amendment to the City of Saint Anthony Village City Code to Amend Section
§112.09 Alcoholic Beverages, Places ineligible for a license in the City Code of the City of Saint Anthony
Village is hereby amended as follows. The deleted language is represented by strikethrough text. The
additional language is represented by single underlined text.
§ 112.09 PLACES INELIGIBLE FOR A LICENSE.
(A) General restrictions. No off-sale or on-sale license shall be granted or renewed for:
(1) Any property on which taxes, assessments, or other financial claims of the state, county or city are
due, delinquent, or unpaid;
(2) Any property on which the business is to be conducted is owned by a person who is ineligible for a
license pursuant to § 112.08;
(3) Any property located within 300 feet of a place of worship or an elementary, junior high or senior
high school having a regular course of study accredited by the state. A location which holds a license
under this subchapter shall not be declared ineligible for license renewal or transfer due to a place of
worship or school that was newly located in its proximity after license issuance. The provisions of this
division (A)(3) shall not apply to temporary on-sale 3.2% malt liquor licenses or temporary wine licenses;
(4) Any property where a license issued under this subchapter has been revoked during the preceding year
unless the issuance of the license is unanimously approved by the City Council then present;
(5) Any property where the conduct of the business is prohibited by Chapter 152;
(6) Any property not eligible under M.S. § 340A, as it may be amended from time to time, and the
regulations of the Department of Public Safety; and/or
(7) Any property used as a sexually-oriented business as defined by Chapter 110.
(B) Off-sale 3.2% malt liquor licenses. In addition to the requirements of division (A) above, no off-sale
3.2% malt liquor license shall be granted to any theater, recreation establishment, public dancing place, or
establishment holding any on-sale license.
(C) On-sale 3.2% malt liquor licenses. In addition to the requirements of division (A) above, no on-sale
3.2% malt liquor license shall be granted for establishments other than restaurants, golf courses, bowling
centers, and hotels. The provisions of this division (C) do not apply to temporary on-sale 3.2% malt liquor
licenses.
73
(D)Wine licenses. In addition to the requirements of division (A) above, no wine license shall be granted
to any establishment other than a restaurant located in the Commercial District or golf courses located in
the Recreation/Open Space R/O District.
(E)On-sale intoxicating liquor licenses. In addition to the requirements of division (A) above, no on-sale
intoxicating liquor license shall be granted to any establishment other than a restaurant or hotel located in
the Commercial District or golf courses located in the Recreation/Open Space R/O District.
(1993 Code, § 1000.09)
,
Section Two. Effective Date. This Ordinance amendment shall be in full force and effect upon its
publication as provided by law.
Effective Date: This ordinance shall become effective as of its publication.
First Reading:
Second Reading:
Adopted:
CITY OF SAINT ANTHONY VILLAGE
By:_________________________________
Jerome O. Faust, Mayor
ATTEST:
By:_________________________________
Nicole Miller, City Clerk
Publish: St. Anthony Bulletin
Publication Date:
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Website (2/14 launch) Feb 14 - Feb
28
March Apr 1-25
Total Visitors 1,369 1,563 1,414
St. Anthony/CTV Landing
(Page Views) 46 76 109
St. Anthony – Meeting 92 74 105
St. Anthony – City Council 65 108 68
PROGRAMMING
• PRODUCTION SERVICES:
ü “Service For A Better World” {4/30} featuring local service organizations LIVE @
CTV Studio stalking about their mission. Including NYFS
ü “Tuesday with a Scholar” Ramsey County Library: 4/2, 4/9. 4/16, 4/23
Ø Includes former Senator Dave Durenburger and columnist Ed Lotterman
• NEW PROGRAMS on CTV CHANNELS (102 Total) = 120.5 hours of programming
• CITY MEETINGS (43 Total): 4 – St. Anthony city meetings – web streams
• NORTH SUBURBAN COMMUNICATION COMMISSION Meeting [Live] – April 4
• RAMSEY COUNTY BOARD MEETINGS: Every Tuesday, [Live Ch19 – 9am]
• SA 282 SCHOOL BOARD MEETINGS: 4/2 [Live Ch. 20 & web]
• RICE CREEK WATERSHED Meetings: : 4/10
April 2019
Programming, Website & Social Media
Social Media February March Apr 1 - 25
CTV Facebook posts 79 85 86
CTV Facebook Total Likes 824 838 844
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Date Type Staff Present
May 20 Special
4:30 p.m.Tour of the City City Council
City Manager
May 28 Regular
Salo Park Concert Series
Order 2021 Street & Utility Recon Feasibility Study
35W Gateway Project
2019 Street Projects-Public Hearing &
2019 Street Projects-Call for Sale of Bonds
Code Text Amendment Alcoholic Beverages 2nd reading
Chamber of the Year and Business of the Year
Finance Department Annual Report
CCC Resolution
City Council
City Manager
City Engineer
Finance Director
June 3 Special
5:30 p.m.Worksession City Council
City Manager
June 11 Regular
Planning Commission Items from May
GreenCorp Update
Code Text Amendment Alcoholic Beverages final reading and adoption
Hennepin County Commissioner Irene Fernando
City Council
City Manager
June 25 Regular Audit Presentation
City Council
City Manager
Finance Director
July 9 Regular
Planning Commission items from June
Quarterly Donations & Grants
Beverage Award Recognition
2019 Street Projects Approve Sale of Bonds
City Council
City Manager
July 23 Regular
Night to Unite Presentation
Night to Unite Proclamation
Liquor Operations Mid Year Report
VillageFest Presentation
Quarterly Goals Update
EAW Results
City Council
City Manager
Police Chief
Liquor Op Mgr
August 13 Regular
Planning Commission items from July
SANB #282 Presentation
City Council
City Manager
August 27 Regular Budget Presentation
GreenCorp Update
City Council
City Manager
Finance Director
September 10 Regular
Planning Commission items from August
2020 Preliminary Operating Budget and Levy-Public Hearing
Kiwanis Peanut Day
Approve 2020 Street & Utility Recon Feasibility Study & order 2020 Plans and Specs
City Council
City Manager
Finance Director
City Engineer
FUTURE COUNCIL AGENDA ITEMS
2019
77
Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
September 24 Regular Fire Prevention Presentation
City Council
City Manager
Fire Dept
October 8 Regular
Planning Commission items from September
Quarterly Donations & Grants
Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda
Preliminary Certification of Delinquent Utility Accounts-Consent Agenda
Quarterly Goals Update
City Council
City Manager
October 22 Regular Approval of CIP
City Council
City Manager
Finance Director
November 12 Regular Planning Commission items from October
1st Reading Water, Sewer, & Stormwater-Public Hearing
City Council
City Manager
November 26 Regular
Fire Prevention Poster Winners
Water Conservation Poster Winners
2nd Reading Water, Sewer, & Stormwater
Authorizing polling places for 2020
City Council
City Manager
Fire Dept
Public Works Director
December 10 Regular
Planning Commission items from November
Appoint Parks and Planning Commissioners and Chair/Vice Chairs
Setting Salary of City Manager
Authorizing Transfers & Closing of Specified Funds
Setting the 2020 City & HRA Budgets and Final Property Tax Levy -Public Hearing
Final Reading Water, Sewer, & Stormwater
2020 Fee Schedule
2020 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids
Approval of 2020 Planning Commission Work Plan (motion only)
City Council
City Manager
Finance Director
City Engineer
December 23 Regular
City Council
City Manager
January 14 Regular
Planning Commission items from December
Housekeeping Resolutions
Resolution for the Street Improvement Bond Reimbursement
Quarterly Donations & Grants
City Council
City Manager
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
January ?Special
9:00 a.m.Goal Setting
City Council
City Manager
Dept Heads
January 28 Regular 2020 Parks Commission Work Plan- (motion only)
NYFS Agreement
City Council
City Manager
2020
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Date Type Staff Present
FUTURE COUNCIL AGENDA ITEMS
February 11 Regular
Planning Commission items from January
2020 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments,
Order Preparation of Assessments
City Council
City Manager
City Engineer
February 25 Regular
Administration Annual Report
Adoption of Strategic Plan City Council
City Manager
March 10 Regular
Planning Commission Items from February
Liquor Annual Report
Fire Annual Report
Liquor License Renewals
GreenCorp Member application-resolution
City Council
City Manager
Fire Dept
Liquor Op Manager
March 24 Regular
Police Annual Report
Wyland Water Challenge
Public Hearing-Budget Calendar
2020 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,
Award Contract for Construction, Call for Sale of GO Bonds
City Council
City Manager
Police Dept
Finance Director
April 14 Regular
Planning Commission Items from March
Quarterly Donations & Grants
Public Works Annual Report
Spirit of St. Anthony Award
Award Contracts for construction, Call for Sale of GO Bonds
City Council
City Manager
Public Works Director
City Engineer
April 28 Regular Arbor Day Proclamation
1st Quarter Goals Update
City Council
City Manager
May 12 Regular
Planning Commission items from April
Finance Annual Report
Insurance Renewal
Tort Limits - Consent
City Council
City Manager
Finance Director
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