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Work Session Agenda
Monday, January 28, 2019
7:00 p.m.
1. Deck Ordinance Discussion.
2. Standing Rules for conducting City Council/Commission meetings.
3. Adjournment
MEMORANDUM
To: Honorable Mayor and City Councilmembers, City Manager Mark Casey
From: Breanne Rothstein, AICP, City Planner
Date: City Council meeting on November 13,2018
WSB Project No. 011104‐00
Request: Ordinance to amend certain sections of city code related to decks
RECOMMENDED MOTION
Motion to approve the enclosed ordinance to make changes to the deck provision in the City Code.
CONSIDERATIONS RELATING TO THE REQUEST
Based on an administrative appeal to staff’s interpretation of the regulations applicable to decks, the
Planning Commission directed staff to prepare an ordinance relating to and regulating the setbacks for
decks.
Currently the city code does not have any regulations relating to decks. Up until now, the city staff has
used the principal structure setbacks for attached decks (interpreting “attached” to be within 5 feet of
the home) and the accessory structure setbacks for detached decks.
The enclosed ordinance adds the following language to the city code.
1) A definition of “deck”.
DECK - A platform attached to and projecting from the wall of a building or constructed on top of a building
designed to be used by people as space which is part of the structure. For the purpose of this Zoning Ordinance a
deck is considered “attached” if any part of it is within five (5) feet of an adjacent wall or building. An unattached
platform, or a platform attached to an accessory structure, shall be considered an accessory structure.
2) Add language in “permitted encroachments” relating to decks.
(G) Decks which are not higher than thirty (30) inches above grade at any given point along the grade are
permitted to encroach into the rear yard setback and the side yard setback, as long as a minimum side or rear yard
setback of 5 feet is maintained. This encroachment does not apply in the R-1A Residential Lakeshore District or to
decks higher than thirty (30) inches above grade at any given point along the grade. Such decks must comply with
the setbacks for principal structures.
ORDINANCE NO. 2018-01
SAINT ANTHONY VILLAGE, MINNESOTA
AN ORDINANCE AMENDING SECTIONS 152.008 DEFINITIONS AND 152.177
PERMITTED ENCROACHMENTS IN YARDS
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
§152.008 Definitions of 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.
DECK. A platform attached to and projecting from the wall of a building or constructed on top of a
building designed to be used by people as space which is part of the structure. For the purpose of this
Zoning Ordinance a deck is considered “attached” if any part of it is within five (5) feet of an adjacent
wall or building. An unattached platform, or a platform attached to an accessory structure, shall be
considered an accessory structure.
Section Two. Amendment to the City of Saint Anthony Village City Code to Amend Section
§152.177 Encroachments in Yards of 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.
(G) Decks which are not higher than thirty (30) inches above grade at any given point along the grade
are permitted to encroach into the rear yard setback and the side yard setback, as long as a minimum side
or rear yard setback of 5 feet is maintained. This encroachment does not apply in the R-1A Residential
Lakeshore District or to decks higher than thirty (30) inches above grade at any given point along the
grade. Such decks must comply with the setbacks for principal structures.
Section Three. Effective Date. This Ordinance amendment shall be in full force and effect upon
its publication as provided by law.
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CITY OF SAINT ANTHONY VILLAGE
STANDING RULES FOR CONDUCTING
CITY COUNCIL/COMMISSION MEETINGS
INTRODUCTION
In the belief that the best decisions are made by the best informed decision makers and
that public decisions are best served when the public has every opportunity to present
views, the following rules are established to govern regular and special Council meetings as
well as formal public hearings. There are several goals behind these rules.
In general, free and open discussion by all interested parties should be an essential part of
the decision making process.
The Council process should have as little procedural overhead as possible.
Time is better spent on substantial matters rather than performa matters.
MEMBERSHIP
The formal Council membership consists of four Councilmembers and the Mayor. All five
have one vote each and all five can introduce motions. For purposes of leading the
meeting, the Mayor, or in the absence of the Mayor, the Mayor Pro tem will be considered
the Chairperson. A quorum is required to do official business and a quorum of the Council
consists of three members.
Meetings of the Council shall be held on the second and fourth Tuesday of each month at
7:00 pm. Council work sessions will be called from time to time, as the Mayor and Council
deem necessary.
RULES
Order of Business
The following shall be the order of business of the Council:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MEETING AGENDA
PROCLAMATIONS AND RECOGNITIONS
CONSENT AGENDA
These items are considered routine and will be enacted by one motion. There won’t be
separate discussion of these items unless a Councilmember or citizen so requests, in which
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event the item will be removed from the Consent Agenda and placed elsewhere on the
agenda. Donations to the city will be handled in the same accordance as long as it follows
the City of St. Anthony Donation Policy.
PUBLIC HEARING
COMMISSIONS AND STAFF REPORTS
REPORTS FROM COUNCILMEMBERS AND CITY MANAGER
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, state their name and
address for the secretary’s records, and limit their remarks to five minutes. Generally, the
City Council will not take official action on items discussed at this time, but may refer the
matter to staff for a future report or direct that the matter be scheduled on a upcoming
agendas.
INFORMATION AND ANNOUNCEMENTS
ADJOURNMENT
AGENDA
To be considered, an item must on the agenda and the agenda must be distributed to all
the Councilmembers and any other persons having responsibility for an item at least three
working days prior to the meeting. An agenda can be modified with addendum by a
majority vote but this should be used only for minor items or items with extreme time
constraints.
An item can be moved from the consent agenda to the action agenda at the request of the
Mayor or Councilmember.
With there being cable TV and in‐person audience, who are not as familiar with each item,
the Mayor will give a brief explanation of each item as it is addressed.
The order of items on the agenda need not be followed absolutely. The Mayor may adjust
the order in the interest of:
▪ Filling in time before a scheduled item, i.e. a public hearing.
▪ Grouping several items to best make use of consultant time.
▪ Accommodating individuals who have attended the meeting specifically to provide
input on an item.
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PROCESS REGULAR AND SPECIAL COUNCIL MEETINGS
For these proceedings the Council will use the “open discussion” procedure. That is,
discussion is open to any member before or after a motion is made. The privilege is also
extended to the City Manager, and any of the consultants who may have an interest in or
can contribute to the item at hand.
The Mayor can make liberal use of the “unanimous consent” procedure. That is, items that
in the judgment of the Mayor are likely to be unanimously approved can be introduced for
approval with the statement: “If there are no objections, stands approved (or denied).” If
any Council member has an objection, the item reverts to the standard motion procedure.
This “unanimous consent” procedure cannot be used for items requiring formal votes, i.e.,
resolutions or for approval of the consent agenda.
The standard motion procedure is that each motion requires a second. This also applies to
amendments. Any motion, by any member shall be reduced to writing upon request of any
member. No motion shall be put to a vote until it has been stated by the maker at the
request of any member of the Council.
To eliminate confusion, only one amendment will be considered at a time and that
amendment must be germane to the motion. An amendment cannot itself be amended. If
a change to an amendment is deemed appropriate, the amendment should be withdrawn
and reintroduced accordingly.
The general mode of voting will be by acclamation but with enough clarity that individual
votes can be recorded in the minutes. If in doubt, any member can request clarification.
Each individual’s vote will be entered in the minutes.
Any member may abstain from voting or disqualify themselves. The reason for
disqualification or abstention must be stated by the member and entered into the minutes.
If a member disqualifies them self, they may leave the room while the issue is being
considered.
Roberts Rules of Order (revised) shall govern the City Council procedures not covered by
the Standing Rules of the City Council.
The meeting will be recorded, and the recording will be retained for three (3) months
following approval of the minutes of the meeting. The standard retention can be extended
if in the judgment of the Mayor, City Clerk or any other Councilmember, such action is
warranted.
If the Council action is the result of a resident request and that request is denied in whole
or in part, reasons of the fact supporting the denial will be made part of the public record.
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PROCESS – PUBLIC HEARING
Since a public hearing is a more formal procedure and often requires certain procedures
and actions to be legal, the meeting rules are changed accordingly.
The primary aim of a public hearing is to take input from the public. To accomplish this in
the most effective manner, the Mayor will introduce the hearing with an explanation of the
issues. The Mayor will give this explanation or a person designated by the Mayor. The use
of explanatory visual aids is encouraged.
Following the explanation, input from the public will be taken. Prior to accepting input
though, the Mayor will state the areas where input will be appropriate, the maximum time
to be allotted to any individual presenter and any other procedural rules deemed
appropriate to guarantee that all concerned parties have a fair and adequate opportunity
to be heard.
All individuals wishing to speak must fill out and submit an identification form and speak in
to a recording microphone. Individuals not wishing to speak in public may provide a
written statement. The Council may take up to 15 minutes to review written statements
presented at the meeting. If the Council decides not to act on the issue at the public
hearing meeting, it may by majority vote extend the time where written input will be taken
to a day not later than one week before the next meeting where a deciding vote is planned.
All speakers are to address the council, expected to be business like, to the point and
courteous. Anyone not abiding by these rules will be considered out of order.
Everyone who wishes, will have a chance to address the Council/Commission, citizens must
address all questions and comments to the Mayor, who will then determine who will
answer them. Questions will be answered when all persons have had a chance to speak.
Only one person may speak at a time. Citizens are urged to be polite and quiet as
comments are made to the Council/Commission. Applauding or other displays of approval
or disapproval are inappropriate during City Council/Planning Commission proceedings.
No one will be given an opportunity to speak a second time until everyone has had an
opportunity to speak initially. Please limit second presentation to new information and not
rebuttals.
The Council will refrain from initiating a discussion during the public input phase of the
hearing except to clarify points brought up.
When public comments are completed, the Council/Planning Commission closes the public
hearing and starts its own discussion. The audience is welcomed to listen quietly to the
discussion but is requested not to make comments.
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Once the public testimony phase is complete, the Mayor will announce the public hearing
to be closed and the Council will revert back to its open discussion mode of operation.
From this point on, public input will only be appropriate when solicited by the Council.
It shall be the intent of the Council to vote on the issue at the same meeting as the public
hearing and as close in time to the public hearing as possible. Should it be necessary to
defer voting until a later date, the procedure will be clearly explained to the audience.
If the motion contains conditions, as may occur in conditional use or variance requests,
those conditions will be conveyed in writing to the requestor.
If the public hearing is the result of a resident request and that request is denied in whole
or in part, reasons of fact supporting the denial will be made part of the public record.
If the public hearing is to set an assessment rate, the assessment formula(s) under
discussion cannot be altered. This implies that the Council has fully discussed any formulas
prior to the hearing and that the appropriate legal, fiscal and engineering consultants have
passed on formula(s) viability, legality, and feasibility.
If the hearing is to set an assessment, it cannot be scheduled later than the first meeting in
September. This is to allow time to correct errors prior to the time needed to certify the
rolls to the county.
MAYOR PRO TEM
The Mayor Pro tem shall be appointed in January of each year. The first Mayor Pro tem
after adoption of this rule shall be the Councilmember with the most continuous time on
the Council. The position shall be rotated among Councilmembers based on time of
continuous service. If two or more members have identical seniority, the appointment
shall be based on alphabetical order by last name. A Councilmember may not serve as
Mayor Pro tem twice until all other Councilmembers have been Mayor Pro tem. A
Councilmember must serve two years before being considered for Mayor Pro tem.
A Councilmember may decline the appointment for good cause and maintain their place in
the rotation for appointment the following year.
ADOPTION/MODIFICATON/SUSPENSION
These rules can be adopted, modified or suspended in whole or in part by a majority vote
of the Council. If suspended they are automatically reinstated at the next meeting.
ANNUAL REVIEW
These rules will be reviewed annually at the first meeting in January.
INTERPRETATION
The Mayor will interpret the rules. However, the Mayor’s interpretation can be appealed
by any Councilmember and can be overruled by a majority vote.
St. Anthony Planning Commission Seating Chart Planner 4th Most Senior 2nd Most Senior Vice Chair Chair Most Senior 3rd Most Senior 5th Most Senior Student Liasion PODIUM
2019 St. Anthony Planning Commission Seating Chart Molly Just Dan Payne Meridith Socha Marcey Westrick Dominic Papatola Dan Bartel Bibi Neumann Brian Rude Nimo Hashi Planner 3rd Most Senior 2nd Most Senior Vice Chair Chair Most Senior 2nd Most Senior 3rd Most Senior Student Liaison PODIUM