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HomeMy WebLinkAboutCC PACKET 10112022CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, October 11, 2022 at 7:00PM Join Meeting via Zoom There is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Consent Agenda. Approval Of CC Meeting Minutes CC 09 -27 -2022.PDF License And Permits LICENSEANDPERMITS .PDF Claims 10 -12 -22.PDF Resolution 22 -066 - Approving 3rd Quarter Donations And Grants RESOLUTION 22 -066.PDF Resolution 22 -067 - Approving A Request To Keep Six (6) Female Chickens In An R -1 Zoning District At 2601 St. Anthony Blvd. Steve Grittman, City Planner, presenting. COVER MEMO.PDF REQUEST.PDF RESOLUTION 22 -067.PDF Resolution 22 -068 - Certifying Special Assessments For Delinquent Waste Hauler Accounts To The 2023 Hennepin County Tax Rolls RESOLUTION 22 -068.PDF HENNEPIN PRELIMINARY WASTE HAULERS.PDF Resolution 22 -069 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Hennepin County Tax Rolls RESOLUTION 22 -069.PDF PRELIMINARY LIST FOR DELINQUENT UTILITIES HENNEPIN.PDF Resolution 22 -070 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Ramsey County Tax Rolls RESOLUTION 22 -070.PDF PRELIMINARY LIST FOR DELINQUENT UTILITIES RAMSEY.PDF Public Hearing. Reports From Commission And Staff. Resolution 22 -071 - Approving A Request For A Conditional Use Permit For A Financial Institution With Drive -Through In The Silver Lake PUD Zoning District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF RESOLUTION 22 -071.PDF General Business Of Council. Ordinance 2022 -07 - An Ordinance Amending The St. Anthony City Code, By Amending: Sections 91.06, 91.56, 91.57 Relating To Keeping And Feeding Of Animals; Section 94.15 And 96.02 Relating To The Use Of The Public Right Of Way; Section 96.03 Relating To Private Bus And Transit Benches; Section 150.070 -150.073, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF CODE UPDATES TABLE.PDF ORDINANCE 2022 -07.PDF Resolution 22 -072 - Approving Summary Publication For Ordinance 2022 -07 RESOLUTION 22 -072.PDF Ordinance 2022 -06 - An Ordinance Amending The St. Anthony City Code, By Amending Section 150.070, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF ORDINANCE 2022 -06.PDF Resolution 22 -073 - Authorizing Final Contract Negotiations With Aspen Waste Services, Inc. For Solid Waste And Recycling Services Charlie Yunker, City Manager, presenting. COVER MEMO.PDF FOTH MEMO.PDF PRESENTATION.PDF RESOLUTION 22 -073.PDF Reports From City Manager And Council Members. 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. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment 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. I. II. III. IV. V. VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: G. Documents: H. Documents: VII. VIII. A. Documents: IX. A. Documents: B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, October 11, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 09 -27 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims10-12 -22.PDFResolution 22 -066 - Approving 3rd Quarter Donations And GrantsRESOLUTION 22 -066.PDF Resolution 22 -067 - Approving A Request To Keep Six (6) Female Chickens In An R -1 Zoning District At 2601 St. Anthony Blvd. Steve Grittman, City Planner, presenting. COVER MEMO.PDF REQUEST.PDF RESOLUTION 22 -067.PDF Resolution 22 -068 - Certifying Special Assessments For Delinquent Waste Hauler Accounts To The 2023 Hennepin County Tax Rolls RESOLUTION 22 -068.PDF HENNEPIN PRELIMINARY WASTE HAULERS.PDF Resolution 22 -069 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Hennepin County Tax Rolls RESOLUTION 22 -069.PDF PRELIMINARY LIST FOR DELINQUENT UTILITIES HENNEPIN.PDF Resolution 22 -070 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Ramsey County Tax Rolls RESOLUTION 22 -070.PDF PRELIMINARY LIST FOR DELINQUENT UTILITIES RAMSEY.PDF Public Hearing. Reports From Commission And Staff. Resolution 22 -071 - Approving A Request For A Conditional Use Permit For A Financial Institution With Drive -Through In The Silver Lake PUD Zoning District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF RESOLUTION 22 -071.PDF General Business Of Council. Ordinance 2022 -07 - An Ordinance Amending The St. Anthony City Code, By Amending: Sections 91.06, 91.56, 91.57 Relating To Keeping And Feeding Of Animals; Section 94.15 And 96.02 Relating To The Use Of The Public Right Of Way; Section 96.03 Relating To Private Bus And Transit Benches; Section 150.070 -150.073, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF CODE UPDATES TABLE.PDF ORDINANCE 2022 -07.PDF Resolution 22 -072 - Approving Summary Publication For Ordinance 2022 -07 RESOLUTION 22 -072.PDF Ordinance 2022 -06 - An Ordinance Amending The St. Anthony City Code, By Amending Section 150.070, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF ORDINANCE 2022 -06.PDF Resolution 22 -073 - Authorizing Final Contract Negotiations With Aspen Waste Services, Inc. For Solid Waste And Recycling Services Charlie Yunker, City Manager, presenting. COVER MEMO.PDF FOTH MEMO.PDF PRESENTATION.PDF RESOLUTION 22 -073.PDF Reports From City Manager And Council Members. 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. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment 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. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents: E. Documents: F. Documents: G. Documents: H. Documents: VII. VIII. A. Documents: IX. A. Documents: B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, October 11, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 09 -27 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims10-12 -22.PDFResolution 22 -066 - Approving 3rd Quarter Donations And GrantsRESOLUTION 22 -066.PDFResolution 22 -067 - Approving A Request To Keep Six (6) Female Chickens In An R -1 Zoning District At 2601 St. Anthony Blvd.Steve Grittman, City Planner, presenting.COVER MEMO.PDFREQUEST.PDFRESOLUTION 22 -067.PDFResolution 22 -068 - Certifying Special Assessments For Delinquent Waste Hauler Accounts To The 2023 Hennepin County Tax RollsRESOLUTION 22 -068.PDFHENNEPIN PRELIMINARY WASTE HAULERS.PDFResolution 22 -069 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Hennepin County Tax RollsRESOLUTION 22 -069.PDFPRELIMINARY LIST FOR DELINQUENT UTILITIES HENNEPIN.PDFResolution 22 -070 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Ramsey County Tax RollsRESOLUTION 22 -070.PDFPRELIMINARY LIST FOR DELINQUENT UTILITIES RAMSEY.PDFPublic Hearing.Reports From Commission And Staff.Resolution 22 -071 - Approving A Request For A Conditional Use Permit For A Financial Institution With Drive -Through In The Silver Lake PUD Zoning DistrictSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFRESOLUTION 22 -071.PDFGeneral Business Of Council.Ordinance 2022 -07 - An Ordinance Amending The St. Anthony City Code, By Amending: Sections 91.06, 91.56, 91.57 Relating To Keeping And Feeding Of Animals; Section 94.15 And 96.02 Relating To The Use Of The Public Right Of Way; Section 96.03 Relating To Private Bus And Transit Benches; Section 150.070 -150.073, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF CODE UPDATES TABLE.PDF ORDINANCE 2022 -07.PDF Resolution 22 -072 - Approving Summary Publication For Ordinance 2022 -07 RESOLUTION 22 -072.PDF Ordinance 2022 -06 - An Ordinance Amending The St. Anthony City Code, By Amending Section 150.070, Relating To Allowable Residential Fence Height And Measurement FINAL READING Steve Grittman, City Planner, presenting. COVER MEMO.PDF ORDINANCE 2022 -06.PDF Resolution 22 -073 - Authorizing Final Contract Negotiations With Aspen Waste Services, Inc. For Solid Waste And Recycling Services Charlie Yunker, City Manager, presenting. COVER MEMO.PDF FOTH MEMO.PDF PRESENTATION.PDF RESOLUTION 22 -073.PDF Reports From City Manager And Council Members. 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. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment 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. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:H.Documents:VII.VIII.A.Documents:IX.A. Documents: B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, October 11, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 09 -27 -2022.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims10-12 -22.PDFResolution 22 -066 - Approving 3rd Quarter Donations And GrantsRESOLUTION 22 -066.PDFResolution 22 -067 - Approving A Request To Keep Six (6) Female Chickens In An R -1 Zoning District At 2601 St. Anthony Blvd.Steve Grittman, City Planner, presenting.COVER MEMO.PDFREQUEST.PDFRESOLUTION 22 -067.PDFResolution 22 -068 - Certifying Special Assessments For Delinquent Waste Hauler Accounts To The 2023 Hennepin County Tax RollsRESOLUTION 22 -068.PDFHENNEPIN PRELIMINARY WASTE HAULERS.PDFResolution 22 -069 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Hennepin County Tax RollsRESOLUTION 22 -069.PDFPRELIMINARY LIST FOR DELINQUENT UTILITIES HENNEPIN.PDFResolution 22 -070 - Certifying Special Assessments For The Delinquent Public Utility Service Accounts To The 2023 Ramsey County Tax RollsRESOLUTION 22 -070.PDFPRELIMINARY LIST FOR DELINQUENT UTILITIES RAMSEY.PDFPublic Hearing.Reports From Commission And Staff.Resolution 22 -071 - Approving A Request For A Conditional Use Permit For A Financial Institution With Drive -Through In The Silver Lake PUD Zoning DistrictSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFRESOLUTION 22 -071.PDFGeneral Business Of Council.Ordinance 2022 -07 - An Ordinance Amending The St. Anthony City Code, By Amending: Sections 91.06, 91.56, 91.57 Relating To Keeping And Feeding Of Animals; Section 94.15 And 96.02 Relating To The Use Of The Public Right Of Way; Section 96.03 Relating To Private Bus And Transit Benches; Section 150.070 -150.073, Relating To Allowable Residential Fence Height And Measurement FINAL READINGSteve Grittman, City Planner, presenting.COVER MEMO.PDFCODE UPDATES TABLE.PDFORDINANCE 2022 -07.PDFResolution 22 -072 - Approving Summary Publication For Ordinance 2022 -07RESOLUTION 22 -072.PDFOrdinance 2022 -06 - An Ordinance Amending The St. Anthony City Code, By Amending Section 150.070, Relating To Allowable Residential Fence Height And MeasurementFINAL READINGSteve Grittman, City Planner, presenting.COVER MEMO.PDFORDINANCE 2022 -06.PDFResolution 22 -073 - Authorizing Final Contract Negotiations With Aspen Waste Services, Inc. For Solid Waste And Recycling ServicesCharlie Yunker, City Manager, presenting.COVER MEMO.PDFFOTH MEMO.PDFPRESENTATION.PDFRESOLUTION 22 -073.PDFReports From City Manager And Council Members.Community ForumIndividuals 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.Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment 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. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:H.Documents:VII.VIII.A.Documents:IX.A.Documents:B.Documents:C.Documents:D.Documents:X.XI.XII. A. Documents: XIII. 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 SEPTEMBER 27, 2022 4 5 CALL TO ORDER. 6 7 Mayor Stille called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Stille invited the Council and audience to join him in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster. 16 17 Absent:None. 18 19 Also Present:City Manager Charlie Yunker, Fire Chief Mark Sitarz, Fire Captain Mattie Jaros and 20 Public Works Director Jeremy Gumke. 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 24 ITEMS. 25 26 I.APPROVAL OF SEPTEMBER 27, 2022 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of September 27, 2022 as presented. 30 31 Motion carried 5-0. 32 33 II.PROCLAMATIONS AND RECOGNITION. 34 35 Fire Chief Mark Sitarz reviewed a PowerPoint for the Annual Fire Prevention Presentation. The 36 presentation was put together by Captain Mattie Jaros. The National Fire Protection Association 37 was acknowledged and have had 100 years of fire protection. Fire Prevention Month began in 38 1972. This year’s theme is “Fire Won’t Wait. Plan Your Escape”. Chief Sitarz reviewed Home 39 Escape Planning. Every member of the family should have two ways out of the home and a 40 place to meet with the rest of the family outside. It was suggested to Close Before You Doze 41 which means to close bedroom doors while sleeping. The Fire Department Open House will be 42 held Saturday, October 1, 2022 from 1:00 – 4:00 p.m. at the Fire Station. Attendees will get the 43 opportunity to tour the truck, spray the fire hose and learn various safety messages. Lunch will 44 be provided and children will receive an activity bag. This is a free event. 45 46 Councilmember Walker stated the presentation was terrifying but very informative about the two 47 minutes to get out of the house relative to carbon monoxide. He asked if residents needed to do 48 anything prior to the Open House and Chief Sitarz stated they just need to show up. City Council Regular Meeting Minutes September 27, 2022 Page 2 1 Councilmember Walker asked about CPR courses for certification. Chief Sitarz stated there have 2 been certification classes and hands-on classes. Nothing is scheduled currently. 3 4 Councilmember Randle asked why fires mostly start at night. Chief Sitarz stated that would be 5 when people are sleeping they are most dangerous. 6 7 Councilmember Jenson asked about the practice burn in the parking lot for the Open House and 8 asked if this was the first time for that presentation. Chief Sitarz stated the presentation will be at 9 2:30 p.m. with a trailer that has been used by multiple departments. Councilmember Jenson 10 stated over the years the presentations have been very good. 11 12 Mayor Stille thanked Chief Sitarz and Mattie for the presentation. Mayor Stille considers the 13 Open House a community event. 14 15 III.CONSENT AGENDA. 16 A.17 Approval of September 13, 2022 City Council Meeting Minutes. B.18 Licenses and Permits. C.19 Claims. 20 21 Motion by Councilmember Walker, seconded by Councilmember Webster, to approve the 22 Consent Agenda items. 23 24 Motion carried 5-0. 25 26 IV.PUBLIC HEARING – NONE. 27 28 V.REPORTS FROM COMMISSION AND STAFF – NONE. 29 30 VI.GENERAL BUSINESS OF COUNCIL. 31 A.32 Ordinance 2022-06 – An Ordinance Amending the St. Anthony City Code, by Amending 33 Section 150.070, Relating to Allowable Residential Fence Height and Measurement. 34 35 City Manager Yunker reviewed the applicant (Mark Tomas, 3308 Skycroft Drive) regarding 36 fence height, was reviewed at the September 13, 2022 Council Meeting. At that time the motion 37 was to advance this ordinance to the second reading. 38 39 40 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve Second 41 Reading of Ordinance 2022-06 – An Ordinance Amending the St. Anthony City Code, by 42 Amending Section 150.070, Relating to Allowable Residential Fence Height and Measurement. 43 44 Motion carried 5-0. 45 City Council Regular Meeting Minutes September 27, 2022 Page 3 B.1 Ordinance 2022-07 – An Ordinance Amending the St. Anthony City Code, by Amending: 2 Sections 91.06, 91.56, 91.57 Relating to Keeping and Feeding of Animals; Section 94.15 3 and 96.02 Relating to the Use of the Public Right of Way; Section 96.03 Relating to 4 Private Bus and Transit Benches; Section 150.070 – 150.073, Relating to Allowable 5 Residential Fence Height and Measurement. 6 7 City Manager Yunker reviewed a committee of staff has been reviewing the City Code to 8 address various aspects of the language, looking for updating needs, and incorporating staff 9 experience with permitting issues, property owner questions, and code enforcement experience. 10 A second round of updates to the table-form list of proposed City Code and Zoning Code 11 amended language comes before the City Council for consideration. A public hearing was held at 12 the August Planning Commission meeting to formally consider the proposed language and 13 provide any final edits or recommendations. 14 15 Staff and the Planning Commission recommend the City Council adopts the proposed 16 amendments to the City Code. 17 18 19 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve Second 20 Reading of Ordinance 2022-07 – An Ordinance Amending the St. Anthony City Code, by 21 Amending: Sections 91.06, 91.56, 91.57 Relating to Keeping and Feeding of Animals; Section 22 94.15 and 96.02 Relating to the Use of the Public Right of Way; Section 96.03 Relating to 23 Private Bus and Transit Benches; Section 150.070 – 150.073, Relating to Allowable Residential 24 Fence Height and Measurement. 25 26 Motion carried 5-0. 27 C.28 Resolution 22-065 – Authorizing the Mutual Aid Agreement Between the City of St. 29 Anthony Village Public Works and Other Agencies Within the State of Minnesota. 30 31 Public Works Director Jeremy Gumke reviewed the purpose of this agreement is to provide a 32 process for local units of government to share public works personnel and equipment with 33 participating agencies. There is no membership or fixed cost to participate in this public works 34 mutual aid pact. 35 36 This agreement should not be interpreted as being limited to only use during catastrophic 37 situations, rather it may be leveraged for routine circumstances such as training efforts and 38 maintenance operations for example. The decision when to request assistance or provide 39 assistance is left entirely to the discretion of the requesting and/or sending party. The sending 40 party has discretion whether to provide personnel or equipment and can recall such assistance at 41 any time. 42 43 If resources are requested it should be expected that those costs would be invoiced, however the 44 agreement says that “charges may be levied”, so it is the decision of the sending party whether or 45 not to invoice the receiving party. The agreement also speaks to responsibility and liability. Each 46 party shall be responsible for its own personnel or damaged equipment. Responding personnel City Council Regular Meeting Minutes September 27, 2022 Page 4 1 shall be deemed to be performing regular duties for each respective sending party for purposes of 2 workers compensation. 3 4 Hennepin County Emergency Management (HCEM) has volunteered to serve as the 5 administrator coordinator for this agreement among local units of government. This agreement 6 will better position the City to coordinate and work with its partnering agencies through a 7 formalized agreement. 8 9 Staff recommends approval of the Resolution 22-065 Authorizing the Mutual Aid Agreement 10 Between the City of St. Anthony Village Public Works and Other Agencies Within the State of 11 Minnesota. 12 13 Councilmember Jenson asked if this is the first time we are doing this for public works and Mr. 14 Gumke stated it is the first time and puts the City in a better position to handle an emergency if 15 needed. 16 17 Councilmember Webster stated she appreciates Mr. Gumke’s proactiveness in pursuing this 18 agreement. 19 20 Mayor Stille stated an example is the fencing that would be available in a crisis situation and 21 manpower to construct the fencing. This is a springing framework and if the time comes it can be 22 utilized. 23 24 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve 25 Resolution 22-065 Authorizing the Mutual Aid Agreement Between the City of St. Anthony 26 Village Public Works and Other Agencies Within the State of Minnesota. 27 28 Motion carried 5-0. 29 30 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 31 32 City Manager Yunker had no report. 33 34 Councilmember Walker had no report. 35 36 Councilmember Jenson stated on September 22, he attended the Northeast Youth and Family 37 Services Board of Directors Meeting. 38 39 Councilmember Randle had no report. 40 41 Councilmember Webster stated on September 15 she attended the Nine North Board Meeting. A 42 new Executive Director has been hired. 43 44 Mayor Stille stated on September 12 he attended the Regional Council of Mayors Meeting. 45 Today he had a luncheon at Mississippi Watershed Management District with Board Members 46 and Staff. City Council Regular Meeting Minutes September 27, 2022 Page 5 1 2 VIII.COMMUNITY FORUM. 3 4 No one appeared to address the City Council. 5 6 IX.INFORMATION AND ANNOUNCEMENTS. 7 8 Mayor Stille reminded residents if they had a road construction project to pay their assessments. 9 He suggested a blast be done to remind residents. Mr. Yunker will handle. 10 11 X. ADJOURNMENT. 12 13 Mayor Stille adjourned the meeting at 7:35 p.m. 14 15 16 Respectfully submitted, 17 Debbie Wolfe 18 TimeSaver Off Site Secretarial, Inc. 19 20 Mayor 21 22 ATTEST: 23 City Clerk 24 Saint Anthony Village DATE: October 11, 2022 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Contractors Licenses: 4Front Energy Solutions, St Louis Park, MN Crow River Heating & Cooling, Buffalo, MN Ray Welter Heating, Minneapolis, MN Summit Installations, Edmond, OK Residential Rental License: Applicant:Oikonomos Properties LLC Location:2604 – 2606 37th Ave NE City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 9/30/2022 - 10/12/2022 Oct 06, 2022 03:22PM Vendor Number Payee Check Issue Date Amount 11798 CENTRAL PENSION FUND LOCAL #49 09/30/2022 5,760.00 11809 CITY OF ST. ANTHONY SUNSHINE FUND 09/30/2022 133.50 10710 ICMA RETIREMENT TRUST 09/30/2022 1,155.00 11808 SAPD ASSOCIATION 09/30/2022 459.00 12760 10322006 SSI MN TRANCHE 1 (FD)10/12/2022 820.26 1118 56 BREWING 10/12/2022 158.00 13061 ADVANTAGE SIGNS & GRAPHICS INC 10/12/2022 174.00 10067 AMERICAN LEGAL PUBLISHING CORPORATION 10/12/2022 1,100.00 13207 ANALYTICAL TECHNOLOGY INC 10/12/2022 279.63 1100 ARTISIAN BEER COMPANY 10/12/2022 6,841.10 12180 ARVIG CONSTRUCTION 10/12/2022 352.50 10116 ASPEN WASTE SYSTEMS INC 10/12/2022 225.18 10146 BARTON SAND AND GRAVEL 10/12/2022 75.00 10149 BATTERIES PLUS 10/12/2022 55.80 10159 BEISSWENGER'S 10/12/2022 11.78 1013 BELLBOY CORPORATION 10/12/2022 7,411.55 1014 BELLBOY CORPORATION 10/12/2022 368.00 10172 BIFFS INC.10/12/2022 260.00 2009 BLACK STACK BREWING 10/12/2022 1,437.00 10175 BLAINE LOCK & SAFE INC.10/12/2022 563.00 12526 BONA BROS AUTO & TRUCK SERVICE 10/12/2022 1,065.84 8544 BOURGET IMPORTS 10/12/2022 293.25 1018 BREAKTHRU BEVERAGE MN BEER 10/12/2022 90,413.90 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 10/12/2022 30,037.14 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 10/12/2022 2,216.25 13044 CAPITAL ONE TRADE CREDIT 10/12/2022 129.99 1017 CAPITOL BEVERAGE SALES 10/12/2022 32,752.59 10257 CENTRAL WOOD PRODUCTS 10/12/2022 450.00 10293 CITY OF ROSEVILLE 10/12/2022 16,273.79 13196 CLASSIC PROTECTIVE COATINGS INC 10/12/2022 215,401.57 1010 CLEAR RIVER BEVERAGE COMPANY 10/12/2022 828.25 10332 COMPTON'S COMMERCIAL CLNG. INC 10/12/2022 3,578.00 1042 CRYSTAL SPRINGS ICE 10/12/2022 534.60 12617 CUSTOM FIRE APPARATUS INC 10/12/2022 1,419.97 10393 DELL MARKETING LP 10/12/2022 618.46 11796 DO GOOD BIZ INC 10/12/2022 432.37 10431 DOOR SERVICE COMPANY 10/12/2022 35,849.00 12484 EASTWOOD, SETH 10/12/2022 125.00 10468 ELECTRO WATCHMAN INC 10/12/2022 147.49 2042 ELM CREEK BREWING COMPANY 10/12/2022 203.00 10501 FASTENAL COMPANY 10/12/2022 44.07 10508 FERGUSON WATERWORKS 10/12/2022 44.52 10526 FLEETPRIDE 10/12/2022 29.48 12681 FOREMOST PRODUCTIONS 10/12/2022 865.88 11866 GALLS 10/12/2022 266.37 1110 GENERAL INDUSTRIAL SUPPLY CO 10/12/2022 61.19 10573 GOODIN COMPANY 10/12/2022 59.91 10578 GOPHER STATE ONE CALL 10/12/2022 299.35 10585 GRAINGER 10/12/2022 167.80 10624 HAWKINS INC 10/12/2022 5,820.46 10657 HENNEPIN COUNTY TREASURER 10/12/2022 12.00 12711 HENNEPIN HEALTHCARE 10/12/2022 60.00 1019 HOHENSTEIN'S INC 10/12/2022 9,464.30 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 9/30/2022 - 10/12/2022 Oct 06, 2022 03:22PM Vendor Number Payee Check Issue Date Amount 10684 HOME DEPOT CREDIT SERVICES 10/12/2022 310.76 12893 INNOVO AUTOMATION 10/12/2022 1,634.27 13211 ISANTI FIRE DISTRICT 10/12/2022 50.00 1102 JOHNSON BROTHERS 10/12/2022 3,199.72 1004 JOHNSON BROTHERS LIQUOR COMPANY.10/12/2022 4,925.86 1005 JOHNSON BROTHERS LIQUOR COMPANY.10/12/2022 2,281.84 1006 JOHNSON BROTHERS LIQUOR COMPANY.10/12/2022 9,875.92 1044 JOHNSON BROTHERS LIQUOR COMPANY.10/12/2022 3,415.62 2028 LADONA CERVECERIA 10/12/2022 268.00 2010 LUPULIN BREWING 10/12/2022 744.20 12712 MAIN STREET LIGHTING 10/12/2022 5,585.00 11985 MANSFIELD OIL COMPANY 10/12/2022 6,977.20 1125 MAVERICK (NEGOCE)10/12/2022 2,301.06 10963 MINNEAPOLIS SAW COMPANY INC 10/12/2022 8.59 11024 MINNESOTA CITY COUNTY MGMT ASSOC.10/12/2022 75.00 11042 MINNESOTA POLLUTION CONTROL AGENCY 10/12/2022 150.00 13162 MNSPECT LLC 10/12/2022 46,021.02 2006 MODIST BREWING COMPANY 10/12/2022 1,238.10 1051 NEW FRANCE WINE COMPANY 10/12/2022 1,488.50 13060 NINENORTH 10/12/2022 1,136.49 13210 ODP BUSINESS SOLUTIONS LLC 10/12/2022 868.01 12779 OPTION ONE MECHANICAL LLC 10/12/2022 3,777.00 13208 PATRICK MILLER CONSTRUCTION 10/12/2022 664.15 1012 PAUSTIS & SONS 10/12/2022 4,268.00 1001 PHILLIPS WINE & SPIRITS 10/12/2022 10,239.48 1002 PHILLIPS WINE & SPIRITS 10/12/2022 4,914.12 12447 PMG 56 LLC MN SERIES 10/12/2022 170.30 2043 PORTAGE BREWING COMPANY 10/12/2022 279.00 11243 POWERPLAN 10/12/2022 31.98 2019 PRYES BREWING COMPANY 10/12/2022 3,977.00 12918 QUADIENT LEASING USA INC 10/12/2022 474.42 12855 RAINBOW TREECARE 10/12/2022 3,800.70 11302 RAMSEY COUNTY 10/12/2022 7,245.00 11316 RDO EQUIPMENT CO PWR PLAN 10/12/2022 108.28 1062 RED BULL DISTRIBUTION COMPANY 10/12/2022 355.20 2018 SMALL LOT WINES 10/12/2022 101.00 1024 SOUTHERN GLAZER'S OF MN 10/12/2022 11,041.61 1008 SOUTHERN GLAZER'S OF MN 10/12/2022 1,808.36 1026 SOUTHERN GLAZER'S OF MN 10/12/2022 5,945.78 1036 SOUTHERN GLAZER'S OF MN 10/12/2022 553.12 11457 ST ANTHONY VILLAGE CENTER, LLC 10/12/2022 2,571.16 11994 STERICYCLE INC 10/12/2022 43.23 13178 STEVEN P CARLSON 10/12/2022 3,500.00 12123 SUMMIT COMPANIES 10/12/2022 39.00 12920 SVAP III SILVER LAKE VILLAGE LLC 10/12/2022 2,812.32 13209 THARALDSON KATHY 10/12/2022 694.00 11566 TIMESAVER OFF SITE SECRETARIAL 10/12/2022 190.50 12702 TOKLE INSPECTIONS INC 10/12/2022 1,231.20 11586 TRACY PRINTING 10/12/2022 239.00 1098 TRADITION WINE & SPIRITS 10/12/2022 166.00 11819 TRUE NORTH ELECTRIC 10/12/2022 3,965.30 11674 VERIZON WIRELESS 10/12/2022 1,770.22 11678 VESSCO INC 10/12/2022 1,109.00 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 9/30/2022 - 10/12/2022 Oct 06, 2022 03:22PM Vendor Number Payee Check Issue Date Amount 11681 VIKING ELECTRIC SUPPLY INC 10/12/2022 144.30 1025 VINOCOPIA 10/12/2022 2,042.89 11933 WIMACTEL INC 10/12/2022 50.00 1034 WINE COMPANY THE 10/12/2022 1,416.10 1038 WINE MERCHANTS INC 10/12/2022 2,904.80 2022 WOODEN HILLS BREWERING 10/12/2022 262.80 11738 WSB & ASSOCIATES INC.10/12/2022 26,462.50 11740 XCEL ENERGY 10/12/2022 26,061.14 Grand Totals: 707,591.21 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-066 A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED IN 3rd QUARTER OF 2022 WHEREAS,the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St. Anthony has received the following grants and donations in the 3rd Quarter of 2022: Centerpoint CSG Grant $2,300.00 TZD 2nd Qtr/City of St. Paul $6,279.02 Hennepin County SCORE Grant $7,858.62 Total $16,437.64 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby accepts the grants and donations as received in the 2nd quarter of 2022. Adopted this 11th day of October, 2022. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Regular Meeting for October 11, 2022 NAC Project No.323.01 – 22.10 Request:Request to keep six (6) chickens in an R-1 Zoning District Location:2601 St. Anthony Boulevard DISCUSSION AND STAFF RECOMMENDATION Staff has received an inquiry from the applicant owners dated September 12th, 2022, 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 near a garden next to the alley, in an area adjacent to a detached garage, and a separate driveway leading from the alley to a rear-loaded attached garage. The proposed enclosed structure would be approximately 6 feet wide by 6 feet long, with an open fenced “run” of 4 feet by 11.5 feet, extending north/east from the coop. The plans specify height of the coop or run at between 5 and 6 feet high. The applicants indicate that the coop and run area are entirely enclosed by structures and an existing privacy fence. City Council Agenda Pollock Chicken Request - Page 2 The chicken coop and is proposed to be constructed of composite wood to control moisture, and the run would be enclosed by cedar wood and poultry wire fencing. 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. The application indicates compliance with this condition. 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 2601 St. Anthony Boulevard. A draft resolution reflecting approval is attached to this staff report. It is noted that the facility has already been constructed, and the applicants are requesting approval after the fact. 2.Motion to deny the request for chickens at 2601 St. Anthony Boulevard, 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 Diagrams Exhibit B:City Council Resolution 22-067 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-067 RESOLUTION TO APPROVE A REQUEST TO KEEP SIX (6) FEMALE CHICKENS IN AN R-1 ZONING DISTRICT AT 2601 SAINT ANTHONY BLVD WHEREAS, staff received a request from Michelle Pollock, for permission to keep chickens on the property located at 2601 Saint Anthony Blvd; 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, Michelle Pollock has 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, Michelle Pollock has 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 2601 Saint Anthony Blvd. AND BE IT FURTHER RESOLVED the placement of the coop must meet setback requirements of at least 5 feet from the side and rear property lines. APPROVED in the regular session of the City Council on October 11, 2022. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-068 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT WASTE HAULER ACCOUNTS TO THE 2023 HENNEPIN COUNTY TAX ROLLS WHEREAS, waste hauler records for the City of St. Anthony identify certain delinquent charges and waste hauler accounts as of October 3, 2022; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to the legal requirements of the ordinance 33.107; and WHEREAS, the delinquent charges may be assessed under Minnesota Statutes §429.101 and 444.075 that authorize certification of such delinquent charges to the County tax rolls for collection; and WHEREAS,pursuant to proper notice duly given to the owners of record as required by law, the City has met the requirements for the assessment of these delinquent waste hauler charges. NOW, THEREFORE, BE IT RESOLVED that: 1) The special assessment of delinquent waste hauler accounts is hereby adopted and certified as Levy No: 22063 for the attached properties and amounts: 2) The special assessments as adopted shall be payable with collectible ad valorem taxes in 2023, with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of November 30, 2022 through December 31, 2023. 3) The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended to the proper tax lists to the county, and such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted this 11th day of October, 2022. _________________________________ Randy Stille, Mayor ATTEST: ____________________________ City Clerk Review for Administration: ________________________________ Charlie Yunker, City Manager Hennepin 0602923140047 GOODSELL, ROBERT 3404 CROFT DR ST. ANTHONY, MN 55418 80.11$                  0602923330050 LANZA, DANIELE 2901 STINSON BLVD ST. ANTHONY, MN 55418 143.92$                0602923110102 SCOTT, RYAN & DAYNA 3511 CHELMSFORD RD NE ST. ANTHONY, MN 55418 161.96$                313023430004 Lewis, Enok 3720 CHANDLER DR NE ST. ANTHONY, MN 55421 161.96$                0602923230070 MOCK, TENESHIA 2519 33RD AVE NE ST. ANTHONY, MN 55418 166.64$                0602923110068 MCDONALD, MIKE & KAREN 3409 DOWNERS DR NE ST. ANTHONY, MN 55418 172.48$                0602923240001 RILEY, BEN 3432 SILVER LAKE RD NE ST. ANTHONY, MN 55418 183.22$                0702923120052 WARSAME, FOSIYO 3226 29TH AVE NE ST. ANTHONY, MN 55418 202.48$                0602923210020 BUNDY, JESSICA 2610 37TH AVE NE ST. ANTHONY, MN 55421 207.39$                0602923120004 DELUCCA, GREGG  & KAROLYNN 3527 SILVER LAKE RD NE ST. ANTHONY, MN 55418 212.58$                0602923340056 SCOVIL, JOAN 2907 W ARMOUR TER ST. ANTHONY, MN 55418 239.23$                0602923420103 JADOONANAN, IAN 3210 33RD AVE NE ST. ANTHONY, MN 55418 245.45$                0602923430119 PETERSON, GLEN 3004 31ST AVE NE ST. ANTHONY, MN 55418 258.04$                0702923210008 LANGSETH, STEPHANIE 2816 SILVER LAKE RD NE ST. ANTHONY, MN 55418 270.63$                0602923120002 GASPERS, THEODORE 3535 SILVER LAKE RD NE ST. ANTHONY, MN 55418 281.24$                0602923430080 ANDERSON, DONALD & DEANNA 3001 ARMOUR TER ST. ANTHONY, MN 55418 293.77$                0602923310103 RECORD, AMIEL 2905 32ND AVE NE ST. ANTHONY, MN 55418 315.49$                0602923140047 HOWARD, XAVIER 3404 CROFT DR ST. ANTHONY, MN 55418 343.48$                0602923410044 BROBURG, GREG 3039 CROFT DR ST. ANTHONY, MN 55418 349.90$                0702923210091 PERCHYSHYN, ALLYSON 2817 PAHL AVE ST. ANTHONY, MN 55418 349.90$                0602923420038 DEAN, MIKE 3213 TOWNVIEW AVE NE ST. ANTHONY, MN 55418 349.90$                0602923310007 MOHAMED, FATUMO 3132 SILVER LAKE RD NE ST. ANTHONY, MN 55418 356.69$                0602923430096 ZAHHOS, MARION 3100 ARMOUR TER ST. ANTHONY, MN 55418 358.04$                0602923230070 GARCIA, FACUNDO 2521 33RD AVE NE ST. ANTHONY, MN 55418 393.77$                0602923230068 OLSON, MARET 3312 EDWARD ST NE ST. ANTHONY, MN 55418 445.45$                0602923120097 MERRICK, JOSH 3300 EDGEMERE AVE ST. ANTHONY, MN 55418 445.45$                0602923310092 HTOO, ENOCH 2812 33RD AVE NE ST. ANTHONY, MN 55418 445.45$                0602923120011 TIMMINS, WILLIAM 3637 SILVER LAKE RD NE ST. ANTHONY, MN 55418 445.45$                0602923140078 HUNSTAD, S 3313 SKYCROFT CIR ST. ANTHONY, MN 55418 445.45$                0602923320032 LINDMAN, CHRISTIAN 3211 STINSON BLVD ST. ANTHONY, MN 55418 447.48$                0602923110064 GALLAGHER, RICHARD 3425 DOWNERS DR NE ST. ANTHONY, MN 55418 468.75$                06‐029‐23‐21‐0132  ADESSAMAD MORTABIT 3611 HARDING ST NE ST. ANTHONY, MN 55418 80.98$                  06‐029‐23‐21‐0110  BETTY KIMINKI 2902 36TH AVE NE ST. ANTHONY, MN 55418 255.52$                06‐029‐23‐24‐0105  CHRIS NEBELUNG 2609 34TH AVE NE ST. ANTHONY, MN 55418 101.61$                06‐029‐23‐21‐0038  PENNY & DENNIS GAULT 2601 35TH AVE NE ST. ANTHONY, MN 55418 85.98$                  06‐029‐23‐22‐0069  NICOLE MILLER 3601 ROOSEVELT ST NE ST. ANTHONY, MN 55418 77.30$                  Total 9,843.14$             CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-069 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE 2023 HENNEPIN COUNTY TAX ROLLS WHEREAS, utility records for the City of St. Anthony identify certain delinquent charges and utility accounts as of October 03, 2022; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to the legal requirements of the ordinance 33.107; and WHEREAS, the delinquent charges may be assessed under Minnesota Statutes §429.101 and 444.075 that authorize certification of such delinquent charges to the County tax rolls for collection; and WHEREAS,pursuant to proper notice duly given to the owners of record as required by law, the City has met the requirements for the assessment of these delinquent public utility charges. NOW, THEREFORE, BE IT RESOLVED that: 1) The special assessment of delinquent public utility accounts is hereby adopted and certified as Levy No: 22064 for the attached properties and amounts: 2)The special assessments as adopted shall be payable with collectible ad valorem taxes in 2023, with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of November 30, 2022 through December 31, 2023. 3)The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended to the proper tax lists to the county, and such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted this 11th day of October, 2022. _________________________________ Randy Stille, Mayor ATTEST: ____________________________ City Clerk Review for Administration: ________________________________ Charlie Yunker, City Manager Hennepin Cust No Tax Parcel Customer Name Property Address Total Amount 1-0384-01-02 06-029-23-33-0022 JOHNSON, CODY 2501 W ARMOUR TER NE $434.41 1-0117-01-06 07-029-23-23-0023 GRAY, MONICA 2504 27TH AVE NE $172.74 1-0864-01-01 06-029-23-21-0038 GAULT, DENNIS & PENNY 2601 35TH AVE NE $406.09 1-0873-01-01 06-029-23-24-0105 NEBELUNG, CHRISTOPHER 2609 34TH AVE NE $501.69 1-2109-01-05 06-029-23-21-0020 BUNDY, JESSICA 2610 37TH AVE NE $220.46 1-0167-01-03 07-029-23-21-0089 HAYES, MIKE 2809 PAHL AVE NE $366.90 1-0606-02-01 07-029-23-21-0008 PURDY, GARLAND 2816 SILVER LAKE RD NE $1,131.11 1-1038-01-01 06-029-23-21-0110 KIMINKI, BETTY J 2902 36TH AVE NE $337.10 1-1176-02-05 06-029-23-43-0058 MOHAMED, RAHMO 2905 SILVER LAKE RD NE $760.50 2-2707-01-02 06-029-23-44-0030 RBRI LIMITED LLC 2912 ANTHONY LN NE $272.18 2-2417-01-03 07-029-23-24-0018 HIDDEN TREASURES THRFT STORE 2919 PENTAGON DR NE $91.33 1-1093-01-02 06-029-23-43-0057 OKELLO, KIDI & OJWAK METHO 3001 29TH AVE NE $386.98 1-2115-02-01 06-029-23-43-0119 PETERSON, GLEN 3004 31ST AVE NE $816.13 1-0450-05-02 06-029-23-34-0012 BASSETT, ERIC 3021 HARDING ST NE $693.37 1-0615-02-02 06-029-23-34-0118 ELSE, RYAN & NOVA 3030 SILVER LAKE RD NE $435.30 1-4300-00-02 06-029-23-42-0156 COLEMAN, JOHN 3123 SILVER LAKE RD $582.70 1-1421-01-01 06-029-23-42-0135 AITCHISON, PETER & KRISTEN 3216 33RD AVE NE $822.75 1-1735-01-02 06-029-23-12-0097 NESS/MERRICK 3300 EDGEMERE AVE NE $814.42 1-0725-01-01 06-029-23-23-0068 OLSON, MARET 3312 EDWARD ST NE $705.28 1-1495-01-01 06-029-23-14-0078 HUNSTAD, EUGENE 3313 SKYCROFT CIR NE $280.40 1-0700-01-02 06-029-23-24-0063 HANSON, JODI 3326 BELDEN DR NE $348.49 1-1518-01-01 06-029-23-14-0047 GOODSELL, ROBERT L 3404 CROFT DR NE $461.19 1-2056-01-01 06-029-23-11-0003 KILLOREN, TRAVIS 3408 37TH AVE NE $559.17 1-1509-01-01 06-029-23-14-0067 NEUBAUER, BARB 3501 33RD AVE NE $415.75 1-0884-01-03 06-029-23-21-0090 BREDENDICK, EVAN 3508 HARDING ST NE $277.06 1-0792-02-01 06-029-23-22-0129 MOTYKA, ELLEN 3525 ROOSEVELT ST NE $206.24 1-1057-01-04 06-029-23-12-0002 GASPERS, THEODORE 3535 SILVER LAKE RD NE $255.98 1-1035-01-06 06-029-23-21-0149 HOMES BY WITT LLC 3536 SILVER LAKE RD NE $367.06 1-1054-01-05 06-029-23-21-0148 WILSON, KELLY 3540 SILVER LAKE RD NE $2,957.42 1-0784-01-02 06-029-23-22-0069 MILLER, NICOLE 3601 ROOSEVELT ST NE $573.91 1-0772-01-01 06-029-23-22-0089 KAHLE, DAVID 3632 ROOSEVELT ST NE $871.83 1-1049-02-02 06-029-23-12-0011 TIMMINS, WILLIAM 3637 SILVER LAKE RD NE $550.82 1-1762-01-06 06-029-23-11-0004 MARY MARGRET REAGAN-MONTIEL 3645 CHELMSFORD RD NE $758.13 $18,834.89 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-070 A RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS TO THE 2023 RAMSEY COUNTY TAX ROLLS WHEREAS, utility records for the City of St. Anthony identify certain delinquent charges and utility accounts as of October 3, 2022; and WHEREAS, the owners of record of the properties served by each delinquent account have been notified of the delinquency according to the legal requirements of the ordinance 33.107; and WHEREAS, the delinquent charges may be assessed under Minnesota Statutes § 429.101 and 444.075 that authorize certification of such delinquent charges to the County tax rolls for collection; and WHEREAS,pursuant to proper notice duly given to the owners of record as required by law, the City has met the requirements for the assessment of these delinquent public utility charges. NOW, THEREFORE, BE IT RESOLVED that: 1)The special assessment of delinquent public utility accounts is hereby adopted and certified as Levy No: 81202201 for the attached properties and amounts: 2)The special assessments as adopted shall be payable with collectible ad valorem taxes in 2023, with interest thereon at eight (8) percent per annum, and shall bear interest from the entire period of November 30, 2022 through December 31, 2023. 3)The City Clerk shall transmit a certified copy of this assessment to the County Auditor to be extended to the proper tax lists to the county, and such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted this 11th day of October, 2022. _________________________________ Randy Stille, Mayor ATTEST: ____________________________ City Clerk Review for Administration: ________________________________ Charlie Yunker, City Manager Ramsey Cust No Tax Parcel Customer Name Property Address Total Amount 1-2012-02-02 31-30-23-43-0006 WALTON, FRED 3712 CHANDLER DR NE $188.05 1-2014-03-04 31-30-23-43-0004 LEWIS, SHERISE 3720 CHANDLER DR NE $914.13 2-2719-02-02 31-30-23-44-0022 BHL SERVICES 3839 CHANDLER DR NE $509.61 1-1890-01-02 31-30-23-42-0051 SCZEPANIAK, KATHERINE 3924 FORDHAM DR NE $663.06 1-4035-02-03 31-30-23-42-0136 TRAN & DUONG HOANG, KIM 4033 SILVER LAKE RD NE $1,142.00 1-1815-02-06 31-30-23-41-0130 MOUSAI. ANIL 4073 FOSS RD $259.23 $3,676.08 MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:October 5, 2022 Meeting Date:October 11, 2022 NAC Project No.323.01 – 21.07 Request:Request for a Conditional Use Permit for an amendment to a Planned Unit Development for a new Bank building with Drive Through Facility Property Address: 3800 Silver Lake Road Property PID:31-30-23-34-0017 PROJECT DESCRIPTION The Applicants are the owners of the property (Sterling Organization), representing Chase Bank as a new construction tenant. The project involves amending a PUD zoning district to accommodate a new banking facility with a Drive-Through facility. The developer proposes to construct a new bank facility on a portion of the former Walmart parking lot, now a separate parcel in front of the “Ruby” multi-family residential building. The building is a 3,308 square foot structure that would sit on the south half of what is currently a vacant paved space. The applicant proposed to remove the existing asphalt and concrete on that portion of the site – the plans indicate that the northerly portion of the site would be subject to the property owner’s separate work. Banking and other financial institutions are permitted uses in the Commercial District generally, and in the Silver Lake PUD specifically. The drive-through facility requires a separate Conditional Use Permit. As such, the request for a Conditional Use incorporates an amendment to the Silver Lake PUD District. In this case, the drive-through facility serves an ATM, and there is no drive-through teller window. To be noted is that the project construction limits relate to the south portion of the existing parcel. No subdivision is being proposed at this time, and the northerly portion of the site has no specific plans for modification as a part of this request. October 11, 2022 Page 2 STAFF AND PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing on the proposed application on September 20, 2022. No one from the public was present to speak to the proposal, and the applicant was represented by a member of its consulting/design team. The Planning Commission discussed the item, asked questions of staff and the applicant. The Commission commented as to access into and out of the site, and screening and setback distances from the Ruby apartment building. Following up on a specific question raised by the Commission, the distance from the Ruby building to the property line is approximately 45 feet, and an additional 70 feet from the property line is proposed to the corner of the drive-through portion of the Chase building. After the hearing, the Commission voted unanimously to recommend approval of the proposal. Staff has reviewed the project for land use compliance with the intent and policies of the City’s Comprehensive Plan, and for zoning consistency with the C, Commercial District as a baseline. In summary, the Comprehensive Plan promotes use of the subject properties that reflect the proposed commercial uses in the area. The proposed Conditional Use Permit PUD meets the requirements of the Zoning Ordinance for the baseline district zoning standards. There are no areas requested for PUD flexibility. As such, planning staff recommends approval of the Conditional Use Permit to amend the Silver Lake PUD district as proposed for the banking facility with a drive-through window and lane. GENERAL INFORMATION Applicant:Sterling Organization for Chase Bank Owner:Sterling Organization Location:3800 Silver Lake Roade; Existing Land Uses Vacant Parking Lot Zoning:C, Commercial Deadline for Agency Application Complete Date: August 18, 2022 Action:60 Days: October 17, 2022 Letter Sent:NA 120 Days:December 16, 2022 1.Background Project Description. The applicants are seeking a Conditional Use Permit to amend the Silver Lake PUD through the construction of a financial institution with a drive-through facility on a portion of the former Walmart parking lot. The site location is just south of the October 11, 2022 Page 3 existing Holiday station, adjoining the entrance drive to the Ruby apartments and the Starbucks coffee shop. The use is consistent with both the Comprehensive Plan’s land use direction, as well as with the intent of the relevant zoning, which would be “C”, Commercial for the business areas of the Silver Lake PUD District. For commercial property, drive-through facilities add a Conditional Use Permit requirements for what would otherwise be permitted uses. The facility is proposed to occupy the south half of the 1.2 acre site. The northly portion would be reserved for future development. 2.Analysis Site Plan Review Summary Proposed Bank Facility - 3800 Silver Lake Road The new bank building would be approximately 3,803 square feet. The site currently has no direct access to Silver Lake Road, and would take its access from an internal private street in the Silver Lake PUD. The applicants will need to confirm access permission for the subject property, which previously had been utilized as parking for the former Walmart facility. Moreover, when the northerly portion of the site is ready for development, a plat and revised access easements may be required as a part of those land use applications. Circulation, Access, and Parking. Traffic entering the site would have access to parking along the front entry portion of the building, as well as parking along the east (front) of the lot. This October 11, 2022 Page 4 southerly access point would also serve the drive-through lane that loops to the ATM window on the west side of the building. A total of 31 parking spaces serve the building, a ratio of one space per 123 square feet gross. The zoning ordinance requires at least one space per 300 square feet. The proposal is easily consistent with this aspect of the code. The drive-through gains its access from this southerly driveway. The drive-through appears to have stacking space for as many as six to seven vehicles, with a “by-pass” lane for vehicles that decide to leave the queue. For ATM-only service, this stacking amount should easily serve peak use of the facility. The bank also includes a walk-up vestibule with additional ATM services as a part of the main banking lobby. A second access drive is shown north of the building, connecting the private street to the north portion of the bank driveway. In the northeast corner of the site, an internal driveway connection would be made to the future development on the north portion of the subject parcel. As noted, driveway easements would be required to ensure that all parcels have continued access throughout the PUD area. Building Materials. Building Materials are a combination of primarily brick, glass, and cast stone with metal panel accents. The building itself would be as high as 22 feet to the top of the highest parapet, well under the maximum 35 foot building height. No issues with materials or general design are evident. Signage. No signage information has been included with the permit request. It should be noted that under the general sign requirements, each freestanding business location is permitted to have two signs, with total area based on the code requirements applied to the site in question. One of those signs may be a monument sign. Staff note on signage following the Planning Commission meeting: On the site currently exist two freestanding signs. One is in the southeast corner of the Chase site, and is proposed to remain in place. That sign is a monument sign identifying various tenants of the Silver Lake Village shopping district. The other existing sign is on the developer/owner’s property in the northeast corner of the site, the former Walmart freestanding sign. This sign is no longer applicable to the overall project area. Approval of the Ruby project included a requirement for separate signage approvals consistent with the requirements of the City’s sign regulations. As such, it is expected that this abandoned sign should be removed as a condition of this amendment approval. Separate sign permitting will be a requirement for identification on the proposed Chase building, and will need to take the current monument sign into account. The conditions of approval incorporated into the Planning Commission’s recommendation have been amended to more specifically address this aspect of the plan. October 11, 2022 Page 5 Landscaping. The landscaping plan illustrates a fairly well landscaped site. Additional overstory tree planting is shown along the west boundary adjoining the private street, and the remainder of the site includes a variety of ornamental trees, shrubs, perennial plantings, and lawn. The limits of construction appear to retain a row of existing trees along the common PUD driveway along the south boundary of the site. Trash Enclosure. The site plan also includes a detached trash enclosure facility in the southwest corner of the site. The drawings appear to suggest bollard protection of the enclosure, but details, materials, and other aspects of the enclosure are not identified. The enclosure should be constructed of materials that reflect those used in the principal building. Submission of plans verifying this requirement will be a condition of CUP approval. 3.Criteria for and Consistency with Criteria for PUD Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.209. SUMMARY AND STAFF/PLANNING COMMISSION RECOMMENDATIONS Conditional Use Permit for an Amendment to the Silver Lake PUD - Staff and Planning Commission recommend approval with the following conditions (as amended below): 1.The applicant provides signage details consistent with the City’s sign ordinance for separate permitting. This condition includes a requirement for removal of the non- conforming/abandoned former “Walmart” sign on the northeast corner of the subject parcel, and incorporation of the existing monument sign on the Chase portion of the project site, along the primary entrance road. 2.Access easements are updated as necessary to ensure access and cross use of common private streets in the PUD. 3.The applicant provides plans for the proposed trash enclosure verifying consistency of materials between the enclosure and the principal building. 4.Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 5.Consideration of comments of other City Staff. This recommendation is based on a finding that the proposal, with the conditions cited, is consistent with the requirements for Conditional Use Permit and PUD consideration, with the long-term objectives of the recommendations and policies of the St. Anthony Comprehensive Plan. ATTACHMENTS Exhibit A:Location map October 11, 2022 Page 6 Exhibit B:Application and Supporting Material Exhibit C: Proposed Council Resolution 22-071 10/5/2022 1 CITY COUNCIL OCTOBER 11, 2022 3800 Silver Lake Road Sterling – Chase Bank Conditional Use Permit for an amendment to the Silver Lake PUD 3800 SILVER LAKE ROAD- ZONING 10/5/2022 2 CHASE BANK - CUP SITE AND LANDSCAPE PLAN BANK BUILDING ELEVATIONS 10/5/2022 3 CONDITIONAL USE PERMIT/PUD– RECOMMENDED CONDITIONS 1. The applicant provides signage details consistent with the City’s sign ordinance for separate permitting. This condition includes a requirement for removal of the non-conforming/abandoned former “Walmart” sign on the northeast corner of the subject parcel, and incorporation of the existing monument sign on the Chase portion of the project site, along the primary entrance road. 2. Access easements are updated as necessary to ensure access and cross use of common private streets in the PUD. 3. The applicant provides plans for the proposed trash enclosure verifying consistency of materials between the enclosure and the principal building. 4. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 5. Consideration of comments of other City Staff. CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 22-071 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION WITH DRIVE-THROUGH IN THE SILVER LAKE PUD ZONING DISTRICT WHEREAS, the City of St. Anthony Village received a request from Sterling Organization on behalf of Chase Bank for financial institution with drive through at 3800 Silver Lake Road; and WHEREAS,the property consists of approximately 1.2 acres and is located in the Silver Lake PUD district; and WHEREAS, the subject parcel is currently vacant, with an independent parking lot, but no principal building; and WHEREAS, Drive-through facilities are allowed by Conditional Use Permit in the Commercial areas of the City; and WHEREAS, consideration of a conditional use permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial property; and WHEREAS, the conditions identified as a part of an approval for the proposed Conditional Use Permit are necessary to ensure full compliance with the St. Anthony Village zoning ordinance; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission held a public hearing on September 20, 2022 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 Planning Commission recommended approval of the Conditional Use Permit PUD Amendment with the conditions noted in the Staff report, and as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1.The property is located in an area of commercial land use on a major collector roadway. 2.The proposed use is identified as an allowed Conditional Use in the Commercial zoning district which is the appropriate land use designation in this PUD District. 3.The additional impacts of the proposed use are in need of mitigation as a requirement to meet the standards of the zoning ordinance, including compatibility with other uses in the neighborhood. 4.With the clarifications identified as conditions recommended by the Planning Commission, the proposed improvements constitute a reasonable use of the property. 5.The proposed uses, constructed and operated within the requirements of the Code and the conditions of this resolution, will not impact surrounding property or public areas beyond the expected impacts of permitted, compliant uses in the commercial zoning district, nor negatively impact health, safety, or welfare of the community. 6.With the proposed conditions, the City Council finds that there is no evidence to believe that the use will have a detrimental effect on neighboring uses or property values. NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the staff report and approves Conditional Use Permit for PUD Amendment authorizing a financial facility drive- through as shown on the plans submitted on or before August 18, 2022, at 3800 Silver Lake Road, in accordance with the following conditions: 1.The applicant provides signage details consistent with the City’s sign ordinance for separate permitting. This condition includes a requirement for removal of the non- conforming/abandoned former “Walmart” sign on the northeast corner of the subject parcel, and incorporation of the existing monument sign on the Chase portion of the project site, along the primary entrance road. 2.Access easements are updated as necessary to ensure access and cross use of common private streets in the PUD. 3.The applicant provides plans for the proposed trash enclosure verifying consistency of materials between the enclosure and the principal building. 4.Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 5.Consideration of comments of other City Staff. Passed in regular session of the City Council on the 11th day of October, 2022. ____________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:October 5, 2022 Meeting Date:October 11, 2022 RE:St. Anthony – City Code Updates NAC Project No.323.02 – 22.01 PROJECT STATUS This memorandum forwards the materials for the 3rd reading of the current round of City Code updates. The Council previously passed the 1st and 2nd readings. With approval of this reading, the amendments would be ready for adoption, according to the attached Ordinance. BACKGROUND AND ANALYSIS As the Council is aware, a committee of staff has been reviewing the City Code to address various aspects of the language, looking for updating needs, and incorporating staff experience with permitting issues, property owner questions, and code enforcement experience. In the prior round of these amendments, the Commission reviewed (and the City Council adopted) regulations related to Swimming Pools, Dumpsters, Natural Landscapes, Non-commercial Signs, and a variety of other inconsistencies that had been ongoing issues for staff. This memorandum provides a second round of updates to the table-form list of proposed City Code and Zoning Code amended language for City Council consideration. Staff noticed a public hearing for the August Planning Commission meeting to formally consider the proposed language, and make any final edits or recommendations, prior to sending the material on to City Council for consideration. That hearing was held on August 16th. The Commission passed the proposed amendments on to the City Council as explained in the accompanying table, and as written in the accompanying Ordinance. The topics covered in this version include Animals; a brief supplement to the previously approved Natural Landscapes language; extensive updates to the regulations relating to Fences; use of the Public Right of Way; and regulations relating to Bus Benches. As with the prior set of amendments, we are not expecting to address the boundaries of any zoning districts with this material. The changes have arisen from staff experience with various permitting or construction issues, and various code enforcement activities. October 11, 2022 Page 2 The Planning Commission discussion passed the amendments, with discussion on two primary topics. First, the fencing language was amended to set the maximum height for rear and side-yard fences at six feet six inches, down from the previously considered change to 7 feet. This item is also addressed in the Tomas amendment request being considered as a separate item – this change is contemplated in both this set of general code updates, and the Tomas private application. The second significant discussion related to bus benches, and the treatment of the off-site advertising that supports the private placement of those benches. There was some consideration at the Planning Commission to prohibit these types of signs altogether, with the acknowledgment that the privately- provided bus benches would then be removed by the providers. Instead, the discussion suggested that where the benches provide an important public service, the City should consider providing those (or attempt to work with charitable groups to do so). Because that option would raise more significant issues of cost, maintenance, and other aspects beyond the normal scope of the Planning Commission jurisdiction, the Commission opted to pass on the amendment, with this discussion as context for Council consideration. Thus, the discussion was one of weighing the benefits of the bus benches, against the variable costs: one being the allowance of the advertising in the public right of way, or the competing cost of financially maintaining the benches as a governmental function. The language for the bus bench regulation is developed from other various sources, and is proposed here due to the occupation of the pubic right of way, and the observance that in some cases, there have been maintenance issues in the right of way which has raised problems for (especially) sidewalk snow maintenance. Since these benches serve an advertising purpose for their sponsors, but can raise issues for public pedestrian circulation and/or maintenance problems, staff is bringing this forward for consideration. This material codifies the regulation of Bus Benches that are placed by private vendors on public right of way at bus stops in the city. This is an aspect of the City’s right of way management, not technically a zoning code element, although a few changes to the Sign section of the code will need to accompany this section, included after the Bench Section below. They are usually located on main roadways, and often on sidewalks. Neither Hennepin nor Ramsey County regulate bus benches in their rights of way. Moreover, Metro Transit provides various levels of bench or shelter based on the number of boardings at any particular stop. The benches in question – and the regulations proposed - are designed to address those stops with privately-places benches below the Metro Transit thresholds. Staff has found that these benches can generate significant income for the bench owners through leasing advertising space on the bench. Staff has also found that neither Metro Transit nor the right of way owners (usually Hennepin and Ramsey Counties) do not regulate these benches in their rights-of- way. This licensing process will allow the city the opportunity to ensure that any such benches are properly placed and maintained. It further provides for appropriate insurance of those occupying the right of way, and requires a clause indemnifying the city in the event of a liability claim. The benches serve a public purpose in that persons utilizing scheduled transit often rely on them as both markers and rest while waiting for their ride. Because these benches provide advertising, they become a de facto sign. As such, the proposed regulations provide for size, location, and various other requirements to ensure that they serve their public purpose, but do not become a nuisance. October 11, 2022 Page 3 STAFF AND PLANNING COMMISSION RECOMMENDATION 1.Staff and Planning Commission recommend that the City Council adopts the proposed amendments to the City Code as reflected in the attached ordinance and the table-form redline version. Alternative Motions 2.Motion to recommend denial of the amendments, based on findings to be identified as a part of the discussion following the public hearing. 3.Motion to table action on the amendments and continue the public hearing, to allow for further research and editing as directed by the Commission. Code Section No. Existing Text to Remain as is Proposed Text (redlined) Issue/Discussion Animals § 91.06 Domesticated animals means house pets such as dogs, cats, and birds, or other common pets kept in small containments which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the city. In addition, the term "domestic animals" includes birds (other than chickens, ducks and geese) and rabbits normally sheltered outside the home. Farm animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state, and/or which are kept for agricultural purposes or food production. Wild Animal: Any animal which is not a domesticated animal as defined herein, or which is not naturally tame or gentle, but is of a wild nature or disposition, or which would constitute a danger to human life or property. The term includes animals and birds, the keeping of which is licensed by the State or federal government, such as, wolves, raptors, and pheasants. By way of example and not of limitation, the term includes: ducks, pheasants, geese, turkeys, birds of prey, squirrels, chipmunks, raccoons, coyotes, weasels, wild ferrets, sheep, goats, swine, monkeys, chimpanzees and deer. This section adds definitions for 3 classes of animals: Domesticated, Farm, and Wild. The current regulations in code address how “domestic” animals are regulated, but have no definition. A few farm animals are listed as being prohibited, but the list is not very inclusive, so the ordinance creates a definition, and a list that is more inclusive. (Chickens would continue to be treated as they currently are: prohibited, but with the allowance by Council permit). Finally, a definition for wild animals is created, and then a series of provisions to regulate/prohibit the feeding of such animals is new text. An exception made for songbirds and a few other specific situations. § 91.56 KEEPING OF CERTAIN ANIMALS. No person may keep swine, cattle, horses, goats farm animals or wild animals as defined in this Code, nor 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. The current language allows 2 dogs, or a “kennel” license for 3 dogs. No change is proposed in that language. Cats (addressed by some city’s codes), are not subject to these limitations. § 91.57 KEEPING OF CERTAIN ANIMALS. FEEDING OF WILD ANIMALS. 1) ) No person shall intentionally feed wild animals within the City. Intentional feeding means the provision of any grain, fruit, vegetables, nuts, salt licks, or any other food that attracts wild animals. a) Living food sources such as trees and other live vegetation shall not be considered food for wild animals. 2) Feeding Songbirds. The feeding of songbirds is permitted under the following conditions: a) Feeding is done from a bird feeder that is designed to prevent other wild animals from feeding and is placed at least 5 feet above the ground. b) The bird feeder does not become an attractive nuisance to other wild animals. c) Songbird feeding occurs on private property owned or controlled by the person responsible for the feeder. 3) Exemptions. a) Specific to Section 91.57(2a), persons that cannot physically place materials 5 feet or higher from the ground, must place feeder at the highest point physically possible and must comply with the other standards contained in Section 91.57(2). b) Snakes (less than four (4) feet in length), gerbils, hamsters, guinea pigs mice, turtles, fish (not prohibited by Minnesota DNR) and birds (not prohibited by Minnesota DNR) kept inside of a residence and within a restrictive cage or habitat c) Animal Species otherwise allowed and/or licensed by the City. d) The provisions of Section 91.57 shall not apply to the employees or agents of the City, County, the State, the Federal government or veterinarians who in the course of their official duties have wild animals in their custody or under their management. § 91.5758 INTERFERENCE WITH CITY PERSONNEL. No person may in any manner molest, hinder, or interfere with any person employed by the city to capture and impound dogs or other animals while the person is within the course and scope of employment. This section is renumbered, with no text changes. Gardens and Yards §150.094 (E) (E) Yard cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery, rock or wood mulch, or related decorative materials consistent with those commonly available at home and garden stores, and must be maintained. Once an area has been converted to turf grass the land owner shall not allow the turf grass to exceed the height of 6 inches or be allowed to go to seed. No land owner may permit or maintain on the land any growth of weeds, grass, brush or other rank vegetation to exceed the height of an average height greater than 6 inches, any This proposal cleans up a reference that should have been removed from the Code as a part of the prior round of updates. That Code established a setback requirement of 3 feet from adjoining property; and it has been the City’s policy to allow/promote pollinator- friendly plantings in the right of way. This change deletes the conflicting language. Additional language will help limit the encroachment and extent of natural landscapes in the setback or public areas. accumulation of dead weeds, grass or brush, or any noxious weeds or plants as defined by the Minnesota Department of Agriculture. Gardens (pollinator, vegetable, flower, rock, etc.) are permitted types of yard cover, and must be maintained. and not encroach on other property or the right of way. Fences § 150.071 BUILDING ZONING PERMITS REQUIRED. A building zoning permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. The applicant must provide the Building Inspector with a set of plans and specifications for the fence. Permit fees must be paid in accordance with Ordinance 33.061 of the City Code. This change corrects the application process and permitting, which is no longer a building permit under that separate code. The zoning ordinance regulations fences, so a zoning permit is the proper avenue. § 150.072 REQUIREMENTS. (A) Location. Any fence constructed or altered after 6-3-1982 must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the permit fence passes with ownership of the property. The fence must be setback a distance from the owner’s property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. The applicant represents that the fence will be entirely on the property of the fence applicant. At its sole discretion, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line. Add the requirement for survey data to the location section, as it applies to any fence permit (not just when the fence is adjacent to the public right of way as in (B) below). If the survey information is not available and the applicant elects not to establish the property line by survey, the permit will not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. (B) Abutting public property. If a fence is or is to be adjacent to a street, alley, public right-of-way, or other public property, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line. If the survey information is not available and the applicant elects not to establish the property line by survey, the permit will not be issued unless the applicant signs an affidavit stating that the applicant is the owner of the premises upon which the fence exists or is to be located. This section is deleted, with the elimination of the building permit requirement, and the inclusion of the property line notes in (A) above. (C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed. These sections are under separate consideration by the City Council due to a pending application. This addition specifies measurement requirements. Because land can fluctuate, there is a potentially infinite number of locations for fence measurement. By restricting the measurement locations to the posts only, planning, construction, and enforcement of fence regulations is simplified. The proposed language specifies that the fence sections may not exceed the height of the post(s) to which it is attached. These clauses also accommodate fences constructed on a slope, in which the manufactured fence panels can be installed without running afoul of the height regulations as the ground falls away to the next (lower) post location. (C)(1) Residential Uses. a. Front Yards. No fence, fence post, or post cap shall be over four (4) feet fifty-two (52) inches in height within a required front yard setback. b. Side Yards. No fence , fence post, or post cap shall be over six feet six inches (6’-6”) feet in height. A fence up to six feet six inches (6’-6”) in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) in height. Height is changed here to accommodate the fluctuations noted above by allowing a slight increase over current height limitations, again to accommodate slope, and to acknowledge that posts (and ornamental post caps) will often extend above the top line of the fence itself. Further, the change from 6 feet to 7 feet incorporates the building code change that increased the height threshold for when a building permit is required for fences and other structures. 150.072 C.2, C.3, D, and E. C. (2) Commercial/Industrial Uses. a. Front Yards. No fence shall be over six (6) seven (7) feet in height within a required front yard setback. Fences may extend to a total height of eight (8) with a security arm for barbed wire if a conditional use permit is obtained. b. Side Yards. No fence shall be over six (6) seven (7) feet in height. Fences may extend to a total height of eight (8) with a security arm for barbed wire if a conditional use permit is obtained. c. Rear Yards. No fence shall be over six (6) seven (7) feet in height. Fences may extend to a total height of eight (8) with a security arm for barbed wire if a conditional use permit is obtained. d. Exemption. Through the approval of a conditional use permit (CUP), Ffence heights as listed above in This section incorporates the changes from 6 feet to 7 feet heights into the Commercial District. No changes are proposed to Industrial or Recreational fencing standards. Sight visibility at intersections is likewise retained as currently stated. §150.072, C, 2, a-c may be increased for the following types of fencing § 150.073 CONSTRUCTION AND MAINTENANCE. Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended as listed in the criteria below. Any fence which is dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health, or welfare is hereby declared to be a nuisance. (A) Fences and walls shall be constructed in a manner and of such materials that do not adversely affect the appearance of the neighborhood or adjacent property values. Fences shall not be constructed from poultry netting (chicken wire), non-prefabricated welded wire, snow fence, branches, or materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such materials and prior approval is granted by the Zoning Administrator or other Authorized Agent. Staff discussed the prohibited materials portion of this section, acknowledging that some (particularly the welded wire) were commonly available as fencing material within wood framing or other options. Apart from this note, and because this element has not otherwise been a significant issue, no other changes are proposed. (B) Fences and walls hereafter erected shall be durable, weather resistant, rust proof, and easily maintained. (C) Fences shall have structural supports (posts/footings) as required by the Building Official to ensure that the fence will continue to be structurally sound. This change replaces “Building Official” review (which does not occur) with general language. (D) Fences and walls shall be constructed of new or like new materials. Like new materials used shall require prior approval is Amending this section to clarify the use of materials that may require additional review. granted by the Zoning Administrator or other Authorized Agent prior to issuance of the required zoning permit. (E) The finished appearance of fences and walls shall be constructed with the higher quality finish directed toward the exterior of the property outward toward adjoining property or public right of way if the visual quality of the fence or wall is not the same on both sides. Minor change to clarify intent. (F) The framing and posts of wood, chain link, picket, stockade, and decorative metal fences shall face the inside of the parcel area fenced. The side of the fence considered to be the face (facing as applied to fence posts) shall face the abutting property. (G) No more than two (2) types of related fencing materials shall be used in any fence and wall. (H) Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Property owners should take due care in selecting maintenance-free fence materials, or in placement of fence location, in areas where ongoing maintenance activities may require access through adjoining property or is otherwise restricted. This addition reinforces the caution to fence builders that maintenance should be considered and will continue to be a requirement, despite conditions that could restrict maintenance requirements. (I) The property owner is responsible for providing proof of property line location. Deleted, covered in 150.072 (A) and (B). (I) Where permitted, temporary fences used for site protection during construction shall be no less Added text to address height and construction of temporary construction than four (4) feet in height, shall be secured and/or anchored in such a way as ensure upright position, and shall be constructed so as to prohibit a 4-inch sphere from passing through any portion of the temporary fence. fences (created by a prior amendment to swimming pool protection fencing). (J) Retaining walls shall not be placed within any drainage, utility or ponding easements unless also reviewed and approved by the City Engineer. Depositing of Snow and/or debris on public ROW § 94.15 OBSTRUCTIONS PROHIBITED. No person, except under a proper building permit issued by the City Manager or otherwise permitted in this code, shall obstruct or encumber any sidewalk, street, avenue, alley, lane, or other public way in the city with yard clippings, leaves, stone, brick, sand, lumber, or other material or property. Consistent with Minnesota Statute 160.2715 Section (a) subdivision (1) which advises that pushing / blowing snow from driveways and sidewalks onto public roads may be punishable as a misdemeanor, no person shall plow, shovel or blow or permit the plowing, shoveling or blowing of snow onto any sidewalk, street, avenue, alley, lane, or other public way in the city. except as permitted in this code. These two sections relate to use of the public right-of- way, and clarify prohibition to obstruct or deposit materials in the right of way consistent with the relevant statutory sections for each. § 96.02 ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to Adding a specific prohibition to blowing leaves, grass, snow, etc. into the public street or alley. This prohibition applies to the traveled portions of streets or alleys manage rights-of-way within its jurisdiction. Except as specifically authorized by this Chapter, no person shall deposit or permit to be deposited onto the traveled portion of any public street or alley, leaves, grass, sand or similar materials, nor shall any person plow, shovel or blow or permit the plowing, shoveling or blowing of snow onto the traveled portion of any public street or alley. Violation of this provision shall constitute a petty misdemeanor. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive provided that the materials are immediately removed from the street. Nothing in this section is intended to exempt any person from the requirement for permit under this Chapter. only, not the “boulevard” or easement areas. Bus/Transit Benches Section 96.03 – Definitions Bus/Transit Bench - A bench maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles. Section 96.38 – Bus/Transit Benches Purpose. The purpose of this section is to regulate the placing and maintenance of bus/transit benches in public rights of ways in order to control location, appearance, proliferation and traffic safety. A) License Required: No bench may be placed or maintained in a public right of way without securing a License from the City Manager, or designee thereof, and the payment of an annual license fee as established in Section 33.061. B) Application: Applications for licenses shall be made to the City Manager. The application shall contain the following: (1) Scale drawing showing the size and location details of the bus/transit bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects in the vicinity. (2) Written consent of the road authority, as defined in Minnesota State Statutes 160.02, if the City of Saint Anthony Village is not the road authority. (3) Detailed plans and specifications of the proposed bench including the general nature of the advertising matter, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using the front, or seating side surface only of the bench backrest. (4) General liability Certificate of Insurance from an insurance company rated “A” by A.M. Best Company and authorized to do business in the State of Minnesota, naming the City as additional insured in the minimum amount of one million dollars ($1,000,000) for any and all claims arising out of the use or existence of a bus/transit bench. The certificate shall provide for automatic notification of the City with a minimum thirty (30) days advanced notice in the event of cancellation. (5) An executed hold harmless agreement from the licensee, protecting the City from any and all claims arising out of the use, existence and potential removal of the bus/transit bench. C) Bus/Transit Stops: A bench shall only be placed at a bus/transit stop on an established bus route. D) Location: A bench shall be placed parallel to and no nearer than three (3) feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway. E) Number: No more than one bus/transit bench, located outside of a shelter, may be placed at a single established bus/transit stop location. F) Proximity to Other Benches: No bus/transit bench may be placed within 300 feet of any other bench on the same side of the roadway from which service is to be delivered. G) Materials: A bus/transit bench shall be constructed of durable materials including, but not limited to concrete, wood, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds. H) Construction and Size: The bus/transit bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No bus/transit bench shall be fastened, secured, or anchored to any property of the City, County or public utility. Size limitations of bus/transit benches shall be; Height – 42 inches maximum, Width – 30 inches maximum and Length – seven feet maximum. I) Structure Maintenance: When directed by the Code Official, Licensee shall within forty-eight (48) hours remedy any report of refuse and litter issues. Within 72 hours of a snow fall or other weather event, removal of ice and snow in a manner such that each bench shall be fully accessible to and from any sidewalk or roadway adjacent to the bus/transit bench shall be achieved. Licensee shall inspected benches monthly for any grass or weeds in excess of six (6) inches, graffiti, damaged or broken parts and shall remedy deficiencies within 48 hours after being discovered or reported. J) Revocation of License: The City Council may revoke a license for failure to comply with the conditions of the license by three (3) affirmative votes. K) Removal: At the request of the City, a bench shall be removed within thirty days of notice, at the permittee’s sole expense, if; 1) to permit right of way improvements or maintenance, 2) the location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on the right of way, 3) if the bus stop location is removed from service or 4) the license issued by the City is allowed to expire or is revoked. The licensee shall incur the cost of removal within thirty (30) days of notice to remove. Licensee shall make repairs to the vacated space within the right-of -way to make it visibly consistent with the surrounding space. If licensee fails to remove the bench within the prescribed time, the City shall remove licensee’s bench and hold at the City Public Works facility for no less than thirty (30) days, after which time the bench may be disposed of. All costs for removal, disposal and remediation of ground shall be payable to City by licensee. L) Advertising Matter: Advertising matter may be displayed only on the front (roadway side) surface of the backrest of bus/transit bench and shall not exceed 12 square feet in surface area. Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral or illegal matter is prohibited on all transit bench signs. No advertising matter on any transit bench may display the words “Stop”, “Look”, “Drive In”, “Danger” or any other word, phrase or symbol, reflective material, or illumination device, which might interfere with, mislead or distract traffic. 155.03 DEFINITIONS. Bus/Transit Bench Sign: A bench maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles, which may include off-premise advertising content, not to exceed 12 square feet in surface area. 155.22 PROHIBITED SIGNS. (20) Off-premise signs; with the exception of bus/transit bench signs as defined in Section 96.03 155.23 SIGNS REQUIRING NO PERMITS. (D) Signs affixed on benches at public bus stops or signs within bus/transit benches as defined in Section 96.03. ORDINANCE 2022-07 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING: SECTION 91.06, 91.56, AND 91.57 RELATING TO KEEPING AND FEEDING OF ANIMALS; SECTION 94.15 AND 96.02 RELATING TO USE OF THE PUBLIC RIGHT OF WAY; SECTION 96.03 RELATING TO PRIVATE BUS AND TRANSIT BENCHES; SECTION 150.094 RELATING TO NATURAL LANDSCAPES; AND SECTIONS 150.070 – 150.073, RELATING TO ALLOWABLE RESIDENTIAL FENCE HEIGHT AND MEASURMENT THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1.Section §91.06 (Definitions) is hereby amended to add the following: Domesticated animals means house pets such as dogs, cats, and birds, or other common pets kept in small containments which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the city. In addition, the term "domestic animals" includes birds (other than chickens, ducks and geese) and rabbits normally sheltered outside the home. Farm animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state, and/or which are kept for agricultural purposes or food production. Wild Animal: Any animal which is not a domesticated animal as defined herein, or which is not naturally tame or gentle, but is of a wild nature or disposition, or which would constitute a danger to human life or property. The term includes animals and birds, the keeping of which is licensed by the State or federal government, such as, wolves, raptors, and pheasants. By way of example and not of limitation, the term includes: ducks, pheasants, geese, turkeys, birds of prey, squirrels, chipmunks, raccoons, coyotes, weasels, wild ferrets, sheep, goats, swine, monkeys, chimpanzees and deer. Section 2. Section §91.56 is hereby amended to read as follows: KEEPING OF CERTAIN ANIMALS. No person may keep farm animals or wild animals as defined in this Code, nor 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. Section 3.Section §91.57 is hereby amended to read as follows: FEEDING OF WILD ANIMALS. 1) No person shall intentionally feed wild animals within the City. Intentional feeding means the ORDINANCE 2022-07 2 provision of any grain, fruit, vegetables, nuts, salt licks, or any other food that attracts wild animals. a) Living food sources such as trees and other live vegetation shall not be considered food for wild animals. 2) Feeding Songbirds. The feeding of songbirds is permitted under the following conditions: a) Feeding is done from a bird feeder that is designed to prevent other wild animals from feeding and is placed at least 5 feet above the ground. b) The bird feeder does not become an attractive nuisance to other wild animals. c) Songbird feeding occurs on private property owned or controlled by the person responsible for the feeder. 3) Exemptions. a) Specific to Section 91.57(2a), persons that cannot physically place materials 5 feet or higher from the ground, must place feeder at the highest point physically possible and must comply with the other standards contained in Section 91.57(2). b) Snakes (less than four (4) feet in length), gerbils, hamsters, guinea pigs mice, turtles, fish (not prohibited by Minnesota DNR) and birds (not prohibited by Minnesota DNR) kept inside of a residence and within a restrictive cage or habitat c) Animal Species otherwise allowed and/or licensed by the City. d) The provisions of Section 91.57 shall not apply to the employees or agents of the City, County, the State, the Federal government or veterinarians who in the course of their official duties have wild animals in their custody or under their management. Section 4.Section §91.58 is hereby added to read as follows: INTERFERENCE WITH CITY PERSONNEL. No person may in any manner molest, hinder, or interfere with any person employed by the city to capture and impound dogs or other animals while the person is within the course and scope of employment. Section 5.Section §94.15 is hereby amended to read as follows: OBSTRUCTIONS PROHIBITED. No person, except under a proper permit issued by the City Manager or otherwise permitted in this code, shall obstruct or encumber any sidewalk, street, avenue, alley, lane, or other public way in the city with yard clippings, leaves, stone, brick, sand, lumber, or other material or property. Consistent with Minnesota Statute 160.2715 Section (a) subdivision (1) which advises that pushing / blowing snow from driveways and sidewalks onto public roads may be punishable as a misdemeanor, no person shall plow, shovel or blow or permit the plowing, shoveling or blowing of snow onto any sidewalk, street, avenue, alley, lane, or other public way in the city. Section 6.Section §96.02 is hereby amended to read as follows: ELECTION TO MANAGE THE PUBLIC RIGHTS-OF-WAY Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction. Except as specifically authorized by this Chapter, no person shall deposit or permit to be deposited onto the traveled portion of any public street or alley, leaves, grass, sand or ORDINANCE 2022-07 3 similar materials, nor shall any person plow, shovel or blow or permit the plowing, shoveling or blowing of snow onto the traveled portion of any public street or alley. Violation of this provision shall constitute a petty misdemeanor. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive provided that the materials are immediately removed from the street. Nothing in this section is intended to exempt any person from the requirement for permit under this Chapter. Section 7.Section §96.03 (Definitions) is hereby amended to read as follows: Bus/Transit Bench - A bench maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles. Section 8.Section §96.38 is hereby amended to add the following: Purpose. The purpose of this section is to regulate the placing and maintenance of bus/transit benches in public rights of ways in order to control location, appearance, proliferation and traffic safety. A) License Required: No bench may be placed or maintained in a public right of way without securing a License from the City Manager, or designee thereof, and the payment of an annual license fee as established in Section 33.061. B) Application: Applications for licenses shall be made to the City Manager. The application shall contain the following: (1) Scale drawing showing the size and location details of the bus/transit bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects in the vicinity. (2) Written consent of the road authority, as defined in Minnesota State Statutes 160.02, if the City of Saint Anthony Village is not the road authority. (3) Detailed plans and specifications of the proposed bench including the general nature of the advertising matter, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using the front, or seating side surface only of the bench backrest. (4) General liability Certificate of Insurance from an insurance company rated “A” by A.M. Best Company and authorized to do business in the State of Minnesota, naming the City as additional insured in the minimum amount of one million dollars ($1,000,000) for any and all claims arising out of the use or existence of a bus/transit bench. The certificate shall provide for automatic notification of the City with a minimum thirty (30) days advanced notice in the event of cancellation. (5) An executed hold harmless agreement from the licensee, protecting the City from any and all claims arising out of the use, existence and potential removal of the bus/transit bench. C) Bus/Transit Stops: A bench shall only be placed at a bus/transit stop on an established bus route. D) Location: A bench shall be placed parallel to and no nearer than three (3) feet from the roadway curb or the edge of the roadway where no curb exists and shall not obstruct a ORDINANCE 2022-07 4 pathway. E) Number: No more than one bus/transit bench, located outside of a shelter, may be placed at a single established bus/transit stop location. F) Proximity to Other Benches: No bus/transit bench may be placed within 300 feet of any other bench on the same side of the roadway from which service is to be delivered. G) Materials: A bus/transit bench shall be constructed of durable materials including, but not limited to concrete, wood, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds. H) Construction and Size: The bus/transit bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No bus/transit bench shall be fastened, secured, or anchored to any property of the City, County or public utility. Size limitations of bus/transit benches shall be; Height – 42 inches maximum, Width – 30 inches maximum and Length – seven feet maximum. I) Structure Maintenance: When directed by the Code Official, Licensee shall within forty- eight (48) hours remedy any report of refuse and litter issues. Within 72 hours of a snow fall or other weather event, removal of ice and snow in a manner such that each bench shall be fully accessible to and from any sidewalk or roadway adjacent to the bus/transit bench shall be achieved. Licensee shall inspected benches monthly for any grass or weeds in excess of six (6) inches, graffiti, damaged or broken parts and shall remedy deficiencies within 48 hours after being discovered or reported. J) Revocation of License: The City Council may revoke a license for failure to comply with the conditions of the license by three (3) affirmative votes. K) Removal: At the request of the City, a bench shall be removed within thirty days of notice, at the permittee’s sole expense, if; 1) to permit right of way improvements or maintenance, 2) the location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on the right of way, 3) if the bus stop location is removed from service or 4) the license issued by the City is allowed to expire or is revoked. The licensee shall incur the cost of removal within thirty (30) days of notice to remove. Licensee shall make repairs to the vacated space within the right-of -way to make it visibly consistent with the surrounding space. If licensee fails to remove the bench within the prescribed time, the City shall remove licensee’s bench and hold at the City Public Works facility for no less than thirty (30) days, after which time the bench may be disposed of. All costs for removal, disposal and remediation of ground shall be payable to City by licensee. L) Advertising Matter: Advertising matter may be displayed only on the front (roadway side) surface of the backrest of bus/transit bench and shall not exceed 12 square feet in surface area. Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral or illegal matter is prohibited on all transit bench signs. No advertising matter on any transit bench may display the words “Stop”, “Look”, “Drive In”, “Danger” or any other word, phrase or symbol, reflective material, or illumination device, which might interfere with, mislead or distract traffic. Section 9.Section §150.071 - is hereby amended to read as follows: ZONING PERMITS REQUIRED. A zoning permit is required for the construction or alteration of a fence, and for any ORDINANCE 2022-07 5 additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. Permit fees must be paid in accordance with Ordinance 33.061 of the City Code. Section 10.Section §150.072 - is hereby amended to read as follows: REQUIREMENTS. (A) Location. Any fence constructed or altered after 6-3-1982 must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the fence passes with ownership of the property. The fence must be setback a distance from the owner’s property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. The applicant represents that the fence will be entirely on the property of the fence applicant. At its sole discretion, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line. (B) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed. (C)(1) Residential Uses. a. Front Yards. No fence, fence post, or post cap shall be over four (4) feet fifty- two (52) inches in height within a required front yard setback. b. Side Yards. No fence , fence post, or post cap shall be over six feet six inches (6’-6”) in height. A fence up to six feet six inches (6’-6”) in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) in height. (C) (2) Commercial/Industrial Uses. a. Front Yards. No fence shall be over seven (7) feet in height within a required front yard setback. b. Side Yards. No fence shall be over seven (7) feet in height. c. Rear Yards. No fence shall be over six (6) seven (7) feet in height. d. Exemption. Through the approval of a conditional use permit (CUP), Ffence heights as listed above in §150.072, C, 2, a-c may be increased for the following types of fencing Section 11.Section §155.03 (Zoning Definitions) is hereby amended to add the following: Bus/Transit Bench Sign: A bench maintained on a publicly dedicated street or right-of-way for the convenience and comfort of persons waiting for buses or other vehicles, which may include off-premise advertising content, not to exceed 12 square feet in surface area. ORDINANCE 2022-07 6 Section 12.Section §155.22 (Prohibited Signs) is hereby amended to add the following: (20) Off-premise signs; with the exception of bus/transit bench signs as defined in Section 96.03 Section 13.Section §155.23 (Signs Requiring Permits) is hereby amended to add the following: (D) Signs affixed on benches at public bus stops or signs within bus/transit benches as defined in Section 96.03. Section 14.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 15.This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ADOPTED BY the St. Anthony City Council this ____ day of ______, 2022. __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-072 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2022-07 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance amending sections related to Code Updates ; and WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2022-07. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2022-07 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2022-07 An Ordinance Amending Sections: 91 Animals, 94 Streets and Sidewalks, 96 Right -of -Way Management and 150 Housing Maintenance and Occupancy; The City Council of the City of St. Anthony adopted Ordinance 2022-07 on October 11, 2022. This ordinance amending sections related to: Code Updates The regulations are intended to codify current practices, conform regulations internally, create alternatives for common conditions that cannot track with current ordinances, and establish baseline rules for otherwise unregulated activities. The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 11th day of October, 2022. _________________________________ Randy Stille, Mayor ATTEST: _________________________ City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:October 5, 2022 Meeting Date:October 11, 2022 NAC Project No.323.01 – 22.01 Request:Request for an amendment to the City Code related to fence height Property Address:NA Property PID:NA STAFF AND PLANNING COMMISSION RECOMMENDATION As the Council may recall, this item came before the City as an independent code amendment request related to fence height. On a parallel track, the City’s Code Review Committee was considering recommendations to a more comprehensive overhaul of the fence section in the code. As time has passed, the two items have converged, with the larger Code amendment incorporating the changes requested by the private property owner/applicant, along with the other Committee-generated elements. Both the applicant’s request, and the City’s proposed ordinance, have resulted in a proposed fence height of 6’-6”. Since the Council has conducted two prior readings of Ordinance 2022-07 (the City Code Committee version) as now written, staff believes that it would be appropriate to dismiss action on Ordinance 2022-06 (the Tomas application version) with the height specification as moot. Therefore, the requested Council Action below recommends dismissing Ordinance 2022-06, pending adoption of 2022-07 in a prior action. For additional background: The applicant for this item proposed an increase in fence height from the current 6 foot maximum to 6 feet, 6 inches to accommodate variations in the grade causing measurements of a standard 6 foot fence panel to exceed the height standard. Staff had recommended shifting the amendment to 7 feet, as this was consistent with building code thresholds, and the Planning Commission passed that proposal. Following the Commission’s action, the Council took up work session discussion of a broader code amendment (separately brought forward in this agenda). When this applicant’s request was brought forward to Council, there was concern noted over the full 7 feet height, and the October 11, 2022 Page 2 item was tabled. In the interim, the Planning Commission took up the broader amendments, which included other fence standards. The Commission agreed that a height of 6 feet, 6 inches would suffice for the purposes of both the applicant and the general code overall. As such, this amendment is changed to the 6’-6” height standard, adjusting the request downward from 7 feet as had been proposed by staff. In the larger City Code amendment on this same agenda, we have adjusted the fence height to match this request. With the Planning Commission recommendation, Staff recommends approval of the attached amendment increasing maximum height of residential fences at 6’-6”, and establishing clearer standards for measurement. REQUESTED COUNCIL ACTION: Motion to dismiss Ordinance No. 2022-06 as moot, related to residential fence height and measurement in Section 150.070(C), based on the finding that the proposed change has been incorporated into a prior adopted amendment as Ordinance No. 2022-07. Alternative Actions: 1. Motion to Adopt Ordinance 2022-06, based on findings identified by the Council. 2. Motion to Table action on the amendment, pending addition information from staff, applicant, or other sources. GENERAL INFORMATION Applicant:Mark Tomas Address:3308 Skycroft Drive Deadline for Agency Action:60 Days: August 20, 2022 Letter Sent:August 12, 2022 120 Days:October 19, 2022 ANALYSIS 1.Background The applicant is proposing that the City amend the current fence regulations to allow an increase in residential fence height. The amendment would alter fence height throughout the zoning districts or land uses to which it is effective. In this case, the relevant land uses are single family residential parcels in the R-1 zoning district. The current fence ordinance has a number of issues related to permit processing, code consistency (including consistency with building code), and technical or practical aspects including measurement. The City’s Code Review Committee has separately been contemplating a series of amendments to the fence regulations for these reasons. While a October 11, 2022 Page 3 number of those amendments are likely to come forward with other code amendment recommendations, this resident is seeking amendments to the height regulations as a separate application. The applicant’s request specifically relates to the section of the fence code relating to height. That section reads as follows: (C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. (1) Residential Uses. a. Front Yards. No fence shall be over four (4) feet in height within a required front yard setback. b. Side Yards. No fence shall be over six (6) feet in height. A fence up to six (6) feet in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence shall be over six (6) feet in height. When this code was written, fences of more than 6 feet in height required a building permit, with review and permitting through the Building Official. The revised building code has changed this height to 7 feet. One of the reasons for this change is an acknowledgement that fence construction often occurs over uneven terrain, and a fence that uses 6 feet tall material (a commonly available dimension) is often a few inches more than 6 feet above the ground below it. Moreover, many types of fence construction include post design where the tops of the posts extend a few inches above the top line of the fence panel. These conditions have been prevalent for many years. Technically, such fences were required to obtain building permits, be reviewed by building inspection staff, and be inspected by the building official. In practice, this was not happening, whether in St. Anthony or most any other locality when these variations were only a few inches above the 6 foot mark. As such, the writers of the Building Code amended that code from 6 feet to the 7 feet now in force. October 11, 2022 Page 4 The taller dimension accommodates the variations noted (terrain and post design), with the understanding that the majority of such fences utilize fence panels of 6 feet (see illustration above). To remedy this conflict, staff believes that an amendment to the existing code is appropriate. As noted, the applicant has suggested that the fence height be increased to 6 feet, 6 inches, and thus the following amendments are proposed, with the changes shown in redline: (C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed. (1) Residential Uses. a. Front Yards. No fence, fence post, or post cap, shall be over four (4) feet fifty-two (52) inches in height within a required front yard setback. b. Side Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) in height. A fence up to over six feet six inches (6’-6”)in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) feet in height. The applicant notes in his application materials that other nearby communities have amended their fence regulations to make this change, or something similar. These include Columbia Heights, New Brighton, Fridley, and Roseville. It is planning staff’s experience that many other communities have adopted similar changes. On a separate track, there are related amendments that would be relevant to other portions of the fence code, including permitting, and the application of fence height in commercial and industrial areas. Those amendments are expected to accompany other general code updates being proposed by the Code Review Committee. 1.Representative Codes Referenced. Title XV Land Usage, Chapter 150 Zoning Code, Section §150.70 (Fence Regulations). October 11, 2022 Page 5 2.Criteria for Consideration of a Zoning Amendment. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.242 lists the process the City Council must consider for an amendment. STAFF/PLANNING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Application 1. Staff recommends dismissal of an amendment to the fence regulations as identified in this report based on adoption of Ordinance No. 2022-07 incorporating the proposed amendment with other fence language. If the Council wishes to act separately, adoption of Ordinance 2022-06 could proceed based on the following findings: A.The current fence regulations related to height are inconsistent with the regulations of the Building Code. B.The current fence permitting practices are not consistent with the procedures required by the code C.The current height regulations for residential fences do not comport with common construction practices, nor account for inconsistencies in grade or terrain. D.The amendment would be consistent with current practice, with the language of the Building Code, and the practices of many other nearby communities. ATTACHMENTS 1.Application and Supporting Material 2.Proposed Ordinance No. 2022-06 3.Ordinance Redline ORDINANCE 2202-06 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTION 150.070, RELATING TO ALLOWABLE RESIDENTIAL FENCE HEIGHT AND MEASURMENT THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1.Section §150.070 (C)(1) is hereby amended to read as follows: C) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed. (1) Residential Uses. a. Front Yards. No fence, fence post, or post cap shall be over fifty-two (52) inches in height within a required front yard setback. b. Side Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) in height. A fence up to six feet six inches (6’-6”) in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building. c. Rear Yards. No fence, fence post, or post cap, shall be over six feet six inches (6’-6”) in height. Section 2.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 5.This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies ORDINANCE 2202-06 2 of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ADOPTED BY the St. Anthony City Council this 11th day of October, 2022. __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: MEMORANDUM To:Saint Anthony Village City Council From:Nicole Miller, Assistant to the City Manager Date:October 11, 2022 City Council Meeting Request:Approval of Resolution 22-073 Authorizing final contract negotiations with Aspen Waste Services Inc. for Solid Waste and Recycling Services BACKGROUND Our current organized collection contract for solid waste and recycling ends April 1, 2023. Staff has engaged in discussion with the Council on desires for the next solid waste and recycling contract. Through discussions with the Council, and guidance from Foth Infrastructure & Environment, LLC, the below items were identified to be included/revised from the previous RFP: Seek proposals from a single hauler to service the whole City Curbside organics collection Weekly recycling collection In addition to the above listed updates, the following items have also been included: Inclusion of collection of waste and recycling for all City facilities Inclusion of hauler-staffed Spring Clean-Up Event Separation of refuse collection and disposal prices for increased transparency PROPOSAL EVALUATION The City received two proposals for our next solid waste and recycling contract. Those proposals were from Walters Recycling & Refuse and Aspen Waste Systems, Inc. City staff assembled a Proposal Review Committee, comprised of our City Manager, Assistant to the City Manager, Public Works Director, Finance Director, and Ramsey County Environmental Health Specialist. The committee reviewed the proposals as submitted and evaluated the following areas: Disruption of service Experience and Capacity Thoroughness and Responsiveness to RFP References Foth provided financial analysis and comparisons to the group on for both proposals. The committee formulated follow up questions for both haulers prior to in person interviews. These additional questions as well as the in person interview allowed the committee to dive deeper into conversation with the haulers on items such as; customer service, organics and pricing. Customer service: The review committee discussed the importance of providing a high level of service for all of our residents. Some of the specific items that were discussed were: plan for rolling out new hauler, cart size selection for residents, communicating customer set out incidents (blocked cart, unacceptable materials, etc.), and communications specific for St. Anthony residents. Both proposals received demonstrated the shared vision for providing a high level of service to our residents. In addition, during the interviews both haulers appeared to be willing to work as a team with city staff to ensure a high level of communications and service levels for our residents. Curbside organics: Through conversations with both haulers along with Ramsey and Hennepin counties, there are still unknowns as to how a curbside organics program for St. Anthony would work given the different states of readiness in each County. For example, currently Ramsey County’s food scraps durable compostable bag pilot program is anticipated to start sometime in 2023. And currently Hennepin County’s curbside organics program is a separate cart for organics only, that is picked up by a separate truck and brought to an industrial compost site. The haulers also discussed the challenges of an opt-in option for residents tends to realize low usage, and an opt-out option with everyone paying for the service but the option to opt-out of receiving the service approach, tends to be more cost efficient for both the haulers and the residents overall. The review committee recommends having a reopener clause for curbside organics in the future in the contract. This reopener clause would allow the city and hauler to reopen the contract to only discuss cost of curbside organics and program details when the time comes. Weekly Recycling: Both proposals included every other week recycling prices as well as alternate every week recycling price. The haulers discussed the logistics for conducting every week recycling and the low return on investment for the city/residents due to additional cost for the subscriber and wear on roads having additional truck on the streets every week vs. every other week. Both haulers are open to working with the city if this is a desire in the future. The review committee recommends having a reopener clause for adding every week recycling in the contract if trends and demand for weekly recycling service shift within the term of the contract. RECOMMENDATION Approve the resolution authorizing final contract negotiations with Aspen Waste Services Inc. for Solid Waste and Recycling Services. ATTACHMENTS: Summary of RFP Process and Results To-Date from Foth Infrastructure & Environment, LLC Resolution 22-073 Memorandum pw:\\foth-pw.bentley.com:foth-pw-01\Documents\Clients\Ramsey Co PH MN\0022R003.00\5000 Client Correspondence\ Hauler Proposals\M-Foth Summary of RFP Results.docx 1 8550 Hudson Boulevard North Eagle Point Office Center II, Suite 105 Lake Elmo, MN 55042 (651) 288-8550 foth.com October 6, 2022 TO: Nicole Miller, City of Saint Anthony Village (City) CC: Charlie Yunker, City Filsan Ibrahim, Ramsey County Cami Van Abel, Foth Infrastructure & Environment, LLC (Foth) Gabi Romenesko, Foth FR: Dan Krivit, Foth RE: Summary of RFP Process and Results To-Date Introduction Foth Infrastructure & Environment, LLC (Foth) prepared this memorandum (memo) to summarize the process and results to-date of the City of Saint Anthony Village (City) recent request for proposals (RFP) for Residential Solid Waste and Recycling Services as released on July 1, 2022.1 Foth is serving the City as the consultant under the Ramsey County Technical Assistance Program (TAP). The City intends to maintain its basic organized collection structure for contracting solid waste and recycling services. The City also intends to transition from three haulers to a single hauler system through this RFP process. The list of contract services includes, but is not limited to, the following: ◆ City-wide, weekly refuse collection service and delivery to a designated disposal facility. ◆ City-wide, every-other-week (EOW) recycling collection service and delivery to a materials recovery facility. As an alternate proposal, weekly recycling collection frequency pricing was also requested in this RFP packet. ◆ Subscription, weekly seasonal (April through November) yard waste collection service and delivery to a Composting Facility. ◆ Ownership and management of all refuse, recycling, and yard waste carts. 1 The City posted the RFP on its web page dedicated to this project at: http://savmn.com/563/Request-for-Proposals including the schedule and the RFP packet including: http://savmn.com/DocumentCenter/View/2417/FINAL_SAV_RFP-2022; the Draft Contract: http://savmn.com/DocumentCenter/View/2416/Final-DRAFT-Contract-2022 pw:\\foth-pw.bentley.com:foth-pw-01\Documents\Clients\Ramsey Co PH MN\0022R003.00\5000 Client Correspondence\ Hauler Proposals\M-Foth Summary of RFP Results.docx 2 ◆ Subscription “on-call” bulky waste collection service and delivery to a disposal facility. ◆ Refuse and recycling services from designated City buildings, and park facilities at no charge to the City. ◆ Drop-off collection event for annual spring City “Clean-Up Day”. ◆ Public education services from the selected hauler ◆ Planning for curbside organics recycling. ◆ Reporting and data collection as detailed in the RFP “Draft Contract”. ◆ Direct customer support services to residents, businesses, City buildings and park facilities. RFP Process and Schedule The Draft Contract itemized the City priorities for the new contract in the preamble “whereas” section. Section 2.9 of the RFP detailed the proposal evaluation criteria including: ◆ Price schedules ◆ Disruption of service ◆ Experience and capacity ◆ Thoroughness and responsiveness ◆ References The RFP stated that no single criteria will be determinative of the best proposal, and the foregoing list is not inclusive. Questions from proposers were allowed and answered by the City.2 Proposals were due on July 29, 2022. The City established a “Proposal Review Committee” made up of the following members: ◆ Charlie Yunker, City Manager ◆ Nicole Miller, Assistant to the City Manager ◆ Shelly Rueckert, City Finance Director ◆ Jeremy Gumke, City Public Works Director ◆ Filsan Ibrahim, Ramsey County Environmental Health Specialist Results to Date Two proposals were received by the City: Aspen Waste Systems, Inc. (Aspen) and Walters Recycling and Refuse, Inc. (Walters). Both proposals were deemed to be complete and responsive. The Proposal Review Committee met initially to discuss and carefully evaluate the two proposals. Customized questions were provided by the Proposal Review Committee to 2 Questions from Proposers and answers from the City: https://www.savmn.com/DocumentCenter/View/2427/Questions-recd-from-haulers pw:\\foth-pw.bentley.com:foth-pw-01\Documents\Clients\Ramsey Co PH MN\0022R003.00\5000 Client Correspondence\ Hauler Proposals\M-Foth Summary of RFP Results.docx 3 each proposer and written responses prepared by the proposer were received by August 29, 2022. Individual interviews were then conducted with each proposer on August 30, 2022. Foth calculated the estimated five-year total costs over the life of the contract based on proposed prices from the two respondents and assumptions in the RFP. Foth also calculated the estimated five-year total costs of the “current contract” prices with the existing group of three haulers. The same assumptions were used for annual inflation adjustments. Table 1 is a summary comparison of the total cost of services over the five-year contract period of the contract. These costs do not include taxes and environmental fees. Table 1 Comparison of Five-Year Total Costs Aspen Walters Current Contract Refuse $1,902,341 $2,734,215 $2,387,233 Recycling $696,028 $755,906 $568,540 Yard Waste $612,709 $935,213 $556,145 Bulky Waste $106,879 $130,629 $113,161 Total $3,317,957 $4,555,963 $3,625,079 Prepared by: GGR Checked by: DFK Additional details (e.g., proposed unit prices) are not included in this summary. Pursuant to the RFP, proposals and such related correspondence are confidential until the final contract is executed. The Proposal Review Committee reviewed all information and carefully evaluated each proposal against the RFP proposal evaluation criteria. Subsequently, the Proposal Review Committee provided a recommendation for the City to move forward to contract negotiations with a selected proposer. 10/6/2022 1 SOLID WASTE AND RECYCLING COLLECTION SERVICES Request for Proposals and Process October 11, 2022 RFP PACKET CONTENT ▪Technical Assistance from Ramsey County and Foth Infrastructure & Environment, LLC ▪Released July 1, 2022 RFP and Draft Contract 10/6/2022 2 PROPOSAL EVALUATION CRITERIA ▪Price Schedules ▪Disruption of Service ▪Experience and Capacity ▪Thoroughness and Responsiveness ▪References CONTRACT SCOPE Current Contract •Organized collection contract with three haulers •Waste and recycling services for residential dwelling units-up to 3 units-no opt out •Subscription yard waste pickup •On-call bulky item pick up •Organics collection plan •Christmas tree pick up-no additional fee Contract beginning April 1, 2023 •All services provided in current contract •Single hauler •Curbside organics collection-reopener clause •Weekly recycling collection-reopener clause •Collection of waste and recycling for all city facilities •Hauler staffed spring clean up day event •Separation of refuse collection and disposal prices for increased transparency 10/6/2022 3 PROPOSAL REVIEW COMMITTEE ▪Charlie Yunker, City Manager ▪Nicole Miller, Assistant to the City Manager ▪Shelly Rueckert, Finance Director ▪Jeremy Gumke, Public Works Director ▪Filsan Ibrahim, Ramsey County Environmental Health Specialist PROPOSAL REVIEWS ▪Reviewed RFP and Draft Contract ▪Reviewed proposal documents ▪Created follow up questions for haulers ▪Conducted in person interviews with haulers ▪Created scoring weights ▪Scored proposals in areas of: ▪Disruption of service ▪Experience and capacity ▪Thoroughness and responsiveness ▪References ▪Provide recommendation to City Council 10/6/2022 4 PROPOSAL COMPARISONS Walter’s ✓Thorough and complete proposal ✓Capable of serving our city well ✓Customer Service ✓Curbside Organics ✓Weekly Recycling ✓References Price Aspen ✓Thorough and complete proposal ✓Capable of serving our city well ✓Customer Service ✓Curbside Organics ✓Weekly Recycling ✓References Price FIVE YEAR TOTAL COSTS Aspen Walters Current Contract Refuse $1,902,341 $2,734,215 $2,387,233 Recycling $696,028 $755,906 $568,540 Yard Waste $612,709 $935,213 $556,145 Bulky Waste $106,879 $130,629 $113,161 Total $3,317,957 $4,555,963 $3,625,079 10/6/2022 5 NEXT STEPS ➢Contract Negotiations with Aspen ➢Final Contract approved by City Council ➢Public Education Planning with Communications Department and Aspen ➢Website ➢Direct mailings ➢Newsletter articles ➢Social media ➢New Contract begins April 1, 2023 QUESTIONS? CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 22-073 A RESOLUTION AUTHORIZING FINAL CONTRACT NEGOTIATIONS WITH ASPEN WASTE SERVICES, INC. FOR SOLID WASTE AND RECYCLING SERVICES WHEREAS, The City of St. Anthony released a Request for Proposals for comprehensive solid waste and recycling services for all residential single-family and multi-family households of three units or less on July 1, 2022; and WHEREAS, The City of St. Anthony received proposals from Walters Recycling and Refuse and Aspen Waste Systems, Inc.; and WHEREAS,The City of St. Anthony’s Proposal Review Committee selected Aspen Waste Services, Inc. as the top ranked proposer and Walters Recycling and Refuse as the second ranked proposer; and WHEREAS,If the contract negotiations are not successful with the top ranked proposer, staff is authorized to begin negotiations with the second ranked proposer; and WHEREAS, Staff is authorized to begin contract negotiations with Aspen Waste Services, Inc. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF SAINT ANTHONY VILLAGE, MINNESOTA authorizes staff to begin contract negotiations with Aspen Waste Services, Inc. for comprehensive solid waste and recycling services for all residential single-family and multi-family households of three units or less for the contract period of April 1, 2023 through March 31, 2028. Adopted this 11th day of October, 2022. Randy Stille, Mayor ATTEST: City Clerk Review for Administration: Charlie Yunker, City Manager  Date Type Staff Present October 25 Work Session 2023 utility rates and budgets City Council City Manager Finance Director October 25 Regular Quarterly Donations & Grants Quarterly Goals Update Approval of CIP Fence Consortium City Council City Manager Finance Director November 3 Work Session Community Survey Results City Council City Manager November 8 Regular 8 PM Planning Commission items from October Authorizing polling places for 2023 1st Reading Water, Sewer, & Stormwater‐Public Hearing Presentation on Water and Sewer Rates Hennepin County Recycling Agreement City Council City Manager Finance Director November 22 Work Session Planning & Parks Commission Interviews City Council City Manager November 22 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater I/I surcharge ordinance‐1st reading, Public Hearing? City Council City Manager November 29 Work Session Joint meeting with Planning & Parks Commission City Council City Manager December 13 Work Session City Council City Manager December 13 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 2023 City & HRA Budgets and Final Property Tax Levy ‐Public Hearing  2023 Fee Schedule Quarterly Goals update Final reading and adoption of water, sewer, & stormwater Students in Government Presentation Community survey results City Council City Manager Finance Director City Engineer December 27 Regular City Council City Manager January 10 Work Session City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2022 2023  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS January 10 Regular Water Conservation Poster Winners Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 24 Regular Public Works Snow Plowing Operations presentation Outside Orgs‐Council City Council City Manager February 14 Work Session City Council City Manager February 14 Regular Planning Commission items from January Public Hearing‐2023 Budget Calendar and Process 2023 Planning Commission Work Plan‐ (motion only) Administration Annual Report NYFS Agreement City Council City Manager Finance Director February 28 Regular GreenCorp Member application‐resolution Adoption of Strategic Plan Liquor Annual Report Liquor License Renewals City Council City Manager Liquor Op Manager Public Works Director March 14 Work Session City Council City Manager March 14 Regular Planning Commission Items from February Public Works Annual Report 2023 Parks and Environmental Commission Work Plan‐ (motion only) City Council City Manager Public Works Director March 28 Regular Police Annual Report Wyland Water Challenge City Council City Manager Police Dept April 11 Work Session Debt Levy/Updated Street Improvement Plan Code Amendments City Council City Manager Finance Director April 11 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update Call for Sale of GO Bonds City Council City Manager Fire Dept  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS April 25 Regular 2022 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments,  Award Contract for Construction,  Finance Annual Report City Council City Manager City Engineer May 9 Work Session City Council City Manager May 9Regular Planning Commission items from April Insurance Renewal  Tort Limits ‐ Consent Approve sale of bonds City Council City Manager City Engineer May 23 Regular Villager of the Year and Business of the Year City Council City Manager June 13 Work Session City Council City Manager June 13 Regular Planning Commission Items from May City Council City Manager July 11 Work Session City Council City Manager July 11 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update Approval of 2023 debt levy‐public hearing City Council City Manager Finance Director July 25 Work Session Estimated Levy Scenarios City Council City Manager July 25 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief August 7 Work Session Staff proposed 2024 Budget and Levy Presentation Estimated Levy Scenarios City Council City Manager August 7 Regular Planning Commission items from July Spirit of St. Anthony Award City Council City Manager  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS August 22 Regular 2023 Budget & Levy Presentation City Council City Manager Finance Director August 23 Regular 2023 Budget & Levy Presentation City Council City Manager Finance Director September 12 Work Session City Council City Manager September 12 Regular Planning Commission items from August 2024 Preliminary Operating Budget and Levy‐Public Hearing Students in Leadership‐Consent City Council City Manager Finance Director September 26 Regular Fire Prevention Presentation City Council City Manager Fire Dept October 10 Work Session 2024 Long term capital budget plans City Council City Manager Finance Director October 10 Regular Preliminary Certification of Delinquent Waste Hauler Accounts‐Consent Agenda Preliminary Certification of Delinquent Utility Accounts‐Consent Agenda Authorize Contract RFP Garbage Haulers Planning Commission items from September City Council City Manager