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HomeMy WebLinkAboutCC PACKET 03262024CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, March 26, 2024 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 03 -12 -2024.PDF License And Permits LICENSEANDPERMITS .PDF Claims 03 -26 -24.PDF Public Hearing. Reports From Commission And Staff. Resolution 24 -023 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 2900 Pentagon Drive Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICANT LETTER.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 2900 PENTAGON.PDF RESOLUTION 24 -023.PDF Resolution 24 -024 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 3930 Silver Lake Rd Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 3930 SLR.PDF RESOLUTION 24 -024.PDF General Business Of Council. Police Annual Report Jeff Spiess, Police Chief, presenting. 2023 SA ANNUAL POWERPOINT .PDF 2024 Street Improvement Project Katie Koscielak, WBS Project Manager, presenting. COVER MEMO.PDF PRESENTATION.PDF Resolution 24 -025 Calling A Hearing For The 2024 Street Improvement Project RESOLUTION 24 -025.PDF Resolution 24 -026 Calling A Hearing On The Proposed Assessments For The 2024 Street Improvement Project RESOLUTION 24 -026.PDF Resolution 24 -027 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2024 Street Improvement Project RESOLUTION 24 -027.PDF Ordinance 2024 -01 - Amending The St. Anthony City Code, By Amending Sections Of The City Code Relating To Nuisance, Signage, Permitting, Performance Standards And Land Use Steve Grittman, City Planner, presenting. SECOND READING COVER MEMO.PDF ORDINANCE 2024 -01 REDLINED.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 promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. V. VI. A. Documents: B. Documents: C. Documents: VII. VIII. A. Documents: B. Documents: IX. A. Documents: B. Documents: a. Documents: b. Documents: c. Documents: C. Documents: X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, March 26, 2024 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 03 -12 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims03-26 -24.PDFPublic Hearing.Reports From Commission And Staff.Resolution 24 -023 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 2900 Pentagon Drive Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICANT LETTER.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 2900 PENTAGON.PDF RESOLUTION 24 -023.PDF Resolution 24 -024 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 3930 Silver Lake Rd Steve Grittman, City Planner, presenting. COVER MEMO.PDF APPLICATION.PDF SITE PLAN.PDF NOTICE - PUBLIC HEARING 3930 SLR.PDF RESOLUTION 24 -024.PDF General Business Of Council. Police Annual Report Jeff Spiess, Police Chief, presenting. 2023 SA ANNUAL POWERPOINT .PDF 2024 Street Improvement Project Katie Koscielak, WBS Project Manager, presenting. COVER MEMO.PDF PRESENTATION.PDF Resolution 24 -025 Calling A Hearing For The 2024 Street Improvement Project RESOLUTION 24 -025.PDF Resolution 24 -026 Calling A Hearing On The Proposed Assessments For The 2024 Street Improvement Project RESOLUTION 24 -026.PDF Resolution 24 -027 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2024 Street Improvement Project RESOLUTION 24 -027.PDF Ordinance 2024 -01 - Amending The St. Anthony City Code, By Amending Sections Of The City Code Relating To Nuisance, Signage, Permitting, Performance Standards And Land Use Steve Grittman, City Planner, presenting. SECOND READING COVER MEMO.PDF ORDINANCE 2024 -01 REDLINED.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 promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:VII.VIII.A. Documents: B. Documents: IX. A. Documents: B. Documents: a. Documents: b. Documents: c. Documents: C. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, March 26, 2024 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 03 -12 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims03-26 -24.PDFPublic Hearing.Reports From Commission And Staff.Resolution 24 -023 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 2900 Pentagon DriveSteve Grittman, City Planner, presenting.COVER MEMO.PDFAPPLICANT LETTER.PDFAPPLICATION.PDFSITE PLAN.PDFNOTICE - PUBLIC HEARING 2900 PENTAGON.PDFRESOLUTION 24 -023.PDFResolution 24 -024 - Approving A Request For A Conditional Use Permit For A Temporary Building And Seasonal Garden Facility In The C, Commercial District - 3930 Silver Lake RdSteve Grittman, City Planner, presenting.COVER MEMO.PDFAPPLICATION.PDFSITE PLAN.PDFNOTICE - PUBLIC HEARING 3930 SLR.PDFRESOLUTION 24 -024.PDFGeneral Business Of Council.Police Annual ReportJeff Spiess, Police Chief, presenting.2023 SA ANNUAL POWERPOINT .PDF2024 Street Improvement ProjectKatie Koscielak, WBS Project Manager, presenting.COVER MEMO.PDFPRESENTATION.PDFResolution 24 -025 Calling A Hearing For The 2024 Street Improvement Project RESOLUTION 24 -025.PDFResolution 24 -026 Calling A Hearing On The Proposed Assessments For The 2024 Street Improvement ProjectRESOLUTION 24 -026.PDFResolution 24 -027 Declaring The Cost To Be Assessed And Ordering Preparation Of The Proposed Assessments For The 2024 Street Improvement Project RESOLUTION 24 -027.PDF Ordinance 2024 -01 - Amending The St. Anthony City Code, By Amending Sections Of The City Code Relating To Nuisance, Signage, Permitting, Performance Standards And Land Use Steve Grittman, City Planner, presenting. SECOND READING COVER MEMO.PDF ORDINANCE 2024 -01 REDLINED.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 promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:VII.VIII.A.Documents:B.Documents:IX.A.Documents:B.Documents:a.Documents:b.Documents:c. Documents: C. Documents: X. XI. XII. A. Documents: XIII. 3 THIS PAGE LEFT INTENTIONALLY BLANK 4 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 MARCH 12, 2024 4 5 CALL TO ORDER. 6 7 Mayor Webster called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Webster invited the Council and audience to join in the Pledge of Allegiance. A moment of 12 silence was held for the Burnsville First Responders who lost their lives in the line of duty. 13 14 ROLL CALL. 15 16 Present: Mayor Webster, Councilmembers Doolan, Jenson, Randle and Stephens. 17 18 Absent:None 19 20 Also Present:City Manager Charlie Yunker, Police Chief Jeffrey Spiess, Police Captain Michael 21 Huddle, Police Sergeant Brandon Hess, City Planner Steve Grittman, and Public 22 Works Director Jeremy Gumke. 23 24 25 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 26 ITEMS. 27 I.28 APPROVAL OF MARCH 12, 2024 CITY COUNCIL MEETING AGENDA. 29 30 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve the City 31 Council Meeting Agenda of March 12, 2024 as presented. 32 33 Motion carried 5-0. 34 II.35 PROCLAMATIONS AND RECOGNITION. 36 A.37 Swearing in of Police Captain – Mike Huddle 38 39 Police Chief Spiess stated some background information and administered the Oath of Office to 40 Police Captain Michael Huddle. 41 B.42 Swearing in of Police Sergeant – Brandon Hess 43 44 Police Chief Spiess stated some background information and administered the Oath of Office to 45 Police Sergeant Brandon Hess. 46 47 Photographs were taken. The Councilmembers and Mayor congratulated Captain Mike Huddle 48 and Sergeant Brandon Hess. 49 5 City Council Regular Meeting Minutes March 12, 2024 Page 2 1 2 III.CONSENT AGENDA. 3 A.4 Approval of February 26, 2024 City Council Meeting Minutes. B.5 License and Permits C.6 Claims. 7 8 Motion by Councilmember Stephens, seconded by Councilmember Jenson, to approve the 9 Consent Agenda items. 10 11 Motion carried 5-0. 12 13 IV.PUBLIC HEARING – NONE. 14 15 V.REPORTS FROM COMMISSION AND STAFF. 16 A.17 Ordinance 2024-01 – Amending the St. Anthony City Code, by Amending Sections of the 18 City Code Relating to Nuisance, Signage, Permitting, Performance Standards and Land Use. 19 20 City Planner Grittman reviewed the ordinance before Council this evening is a series of proposed 21 code amendments for first reading. These have been generated primarily through a review of the 22 existing City Code in preparation for the upcoming recodification through American Legal. Most 23 of these are believed to be clerical, but some policy issues are raised. The code sections are 24 summarized to assist in the Council’s discussion and review. 25 26 This is the first of three readings of the proposed ordinance. Council is asked to comment on any 27 elements of the language and move the ordinance to its second reading. 28 29 Mr. Grittman stated the Planning Commission considered the proposed elements of the 30 Ordinance at a public hearing during its regular meeting on February 20, 2024. They discussed 31 the various sections and noted that there was no one from the public to comment on the 32 amendments. Their discussion included comments in the staff report noting potential policy or 33 technical issues for review. 34 35 The primary discussion related to the hours during which additional noise regulations were to be 36 enforced (Section 1). The current ordinance has a variety of start and/or end times for a night- 37 time quiet period. The draft ordinance proposed consolidating those times, regardless of noise 38 source. The Commission’s discussion (and recommendation) altered the draft ordinance to retain 39 the current 10:00 p.m. deadline for music-related sound, and also to retain the current distinction 40 between weekday and weekend morning quiet times (retaining the current 9:00 a.m. rather than 41 modify it). The changes and/or discussion notes are added to the draft ordinance and highlighted 42 for ease of interpretation. 43 44 There were a few other clerical changes that were recommended, but which did not involve 45 substantive language. The Planning Commission unanimously passed a recommendation to send 6 City Council Regular Meeting Minutes March 12, 2024 Page 3 1 the proposed ordinance to the City Council with changes to the proposed text as noted in the 2 redline draft. 3 4 Mr. Grittman summarized the Proposed Ordinance Sections: 5 6 Section 1 – Consolidates a variety of limits for outdoor noise generation to a consistent time, 7 requiring no excessive noise creation between 9:00 p.m. and 7:00 a.m. 8 9 Section 2 – Establishes a more quantifiable definition for landscape screening when it is required 10 by either the Code or by Council action. 11 12 Section 3 – Deletes parking references from the Nuisance section (these parking requirements 13 were updated and established as a separate section in a prior amendment, not codified as Section 14 152.179). 15 16 Section 4 – Creates a definition for “rodents”, which are then regulated in the subsequent 17 sections. NOTE: the language was taken from other code examples – the Commission discusse3d 18 the inclusion of chipmunks and squirrels in the list and recommended no change. 19 20 Section 5 – Adds a prohibition on rodent harborage for Owner/Landlords. 21 22 Section 6 – Adds a prohibition on rodent harborage for renter/occupants. 23 24 Section 7 – Moves Nuisance Automobile language into a related public health nuisance section. 25 26 Section 8 – Adds a process requirement for Abandoned Sign removal (currently there is a 27 definition and prohibition, but no specific consequence). 28 29 Section 9 – Adds a specific allowance for refuse container screening structures – not allowed in 30 the front yard – to be constructed of prefabricated materials, rather than the prior inference that 31 they be custom-built. 32 33 Section 10 and 11 – Consolidates adult- and child-care centers a Conditional Use in the C, 34 Commercial and LI, Light Industrial Districts – current language is inconsistent. 35 36 Sections 12 and 13 – Adoption/Admin language. 37 38 Councilmember Jenson read through the changes and asked if all was reviewed by the Planning 39 Commission and Mr. Grittman stated the Planning Commission did review all. 40 41 Councilmember Stephens asked what portion are changes from the residents and Mr. Grittman 42 stated there were no public comments received. 43 44 Councilmember Doolan referred to Section 1 on the noise ordinance and there was discussion at 45 the Planning Commission Meeting for changing the time from 10:00 p.m. Mr. Grittman stated 7 City Council Regular Meeting Minutes March 12, 2024 Page 4 1 Staff had recommended 9:00 p.m. and the Planning Commission recommendation was to 2 maintain the 10:00 p.m. deadline. 3 4 Councilmember Jenson asked what drove the rationale to changing it to 9:00 p.m. and Mr. 5 Grittman responded it was an attempt to sync the noise related times in the Ordinance. Those 6 responding to noise complaints would have one time to consider. The Planning Commission 7 suggested distinguishing between the different types of noises. Event permits are necessary for 8 noises going beyond the time specified in the Ordinance. 9 10 Mayor Webster asked for Council comments regarding 9:00 p.m. versus 10:00 p.m. 11 Councilmember Randle stated he would be inclined to go with Staff’s recommendation. 12 Councilmember Doolan stated at the Planning Commission there were comments about 9:00 13 p.m. still being light out in the summer months. Councilmember Jenson stated this is related to 14 boom boxes or smart speakers being played loudly. Councilmember Stephens asked about 15 VillageFest and Mayor Webster stated a special event permit is used. Mayor Webster stated 16 parks close at 10:00 p.m. Councilmember Stephens asked what the harm would be putting it at 17 10:00 p.m. Mr. Grittman stated this was more a convenience approach to having one time. 18 Councilmember Jenson asked Mr. Yunker how many complaints are received. Mr. Yunker stated 19 he is not aware of every complaint that goes to Code. It is important to keep in mind that the 20 intent is for consistency in the Code. Councilmember Doolan asked if park rentals would need to 21 be reminded that noise could not occur after 9:00 p.m. Mr. Grittman stated the measurement is if 22 it is plainly audible at the property line. Mayor Webster stated she can see the value of 23 consistency from staff’s perspective. Mayor Webster suggested a guideline of 10:00 p.m. until 24 7:00 a.m. for quiet time. 25 26 The consensus was to be consistent in the Code and keep the time at 10:00 p.m. until 7:00 a.m. 27 seven days a week. 28 29 Mr. Grittman stated other Planning Commission discussions were related to weekends and lawn 30 mowing. The Planning Commission left the threshold for noise up at 9:00 a.m. 31 32 Mr. Grittman referred to Section 2 which defines what landscape screening means. This explains 33 the minimum standard expectation to clarify a baseline. Councilmember Stephens stated she 34 likes the additional information. Councilmember Stephens suggested regarding fencing between 35 neighbors and who maintains the weeds. Mr. Grittman stated this would be considered a civil 36 matter between neighbors. Councilmember Jenson stated he is fairly comfortable with the 37 wording. 38 39 Mr. Grittman stated in Section 3 this is a cleaning up of the wording. The Parking language was 40 moved to another portion of the Code. This amendment was done a year ago. Councilmember 41 Doolan asked about the storage of pipe, lumber or steel and suggested screening be allowed 42 instead of fence. Mr. Grittman stated landscape screening could be added to that section as an 43 option. Councilmember Stephens asked if the parking section wording was changed. Mr. 44 Grittman stated it has changed quite a bit. Councilmember Stephens asked how many cars can be 45 parked and Mr. Grittman believes it is four but is not certain. 46 8 City Council Regular Meeting Minutes March 12, 2024 Page 5 1 Mr. Grittman stated Sections 4,5, and 6 address the same issue with a prohibition of attracting 2 rodents. Section 4e adds to the definition and sections 5 and 6 impose a duty to owners or renters 3 to keep property free of rodent inhabitation. Councilmember Doolan asked if compost bins are 4 allowed in this section which could be considered to attract rodents. Mr. Grittman stated there is 5 language specific in the Code to allow for composting. Councilmember Doolan stated piling up 6 piles of twigs is a good practice making small piles to encourage insects to habitat there. There 7 is no other food source for mice or shrews. Mr. Grittman stated if it is not attracting rodents it is 8 not subject to this Section. 9 10 Mr. Grittman stated Section 7 renumbers an existing section. No language change is proposed. 11 12 Mayor Webster stated when she read Section 8 she thought about the large sign for the big box 13 store. Mr. Grittman stated this creates a practice if a sign is found. 14 15 Section 9 is specific allowance for refuse container screening which allows containers to be 16 moved to the front yard and screening requirements. The screening requirements was modified to 17 include a prefabricated structure if desired by residents. 18 19 Mr. Grittman reviewed Section 10 and 11 are amendments to the commercial and industrial 20 districts to allow child and adult daycare centers within the districts. 21 22 Sections 12 and 13 are language modifications. 23 24 All edits will be implemented prior to Second Reading of Ordinance 2024-01. 25 26 Motion by Councilmember Doolan, seconded by Councilmember Jenson for approval of First 27 Reading of Ordinance 2024-01 – Amending the St. Anthony City Code, by Amending Sections 28 of the City Code Relating to Nuisance, Signage, Permitting, Performance Standards and Land 29 Use with edits specified. 30 31 Motion carried 5-0. 32 33 VI.GENERAL BUSINESS OF COUNCIL. 34 A.35 Public Works Annual Report 36 37 Public Works Director Jeremy Gumke provided a 2023 Public Works Annual Report in Power 38 Point format including Public Works Mission Statement, Public Works Department Staff, Street 39 Maintenance Division, Salt & Salt Brine Usage 2013 – 2024, Parks Maintenance Division, Ice 40 Skaters Attendance 2013 – 2024, Utilities Division, Watermain Breaks and Service Leaks 2015 – 41 2023, Vehicle Maintenance Division, Emerald Ash Borer Management Plan, Inflow and 42 Infiltration, Engineering Division Projects 2023, Engineering Division Projects 2024, Street & 43 Utility Improvements and Mill& Overlay Projects 2024-2040, 2023 Sustainability Initiatives, 44 2024 Upcoming Events, and Website Information for the entire report. 45 9 City Council Regular Meeting Minutes March 12, 2024 Page 6 1 Mayor Webster thanked Mr. Gumke for his annual report review and the importance of 2 infrastructure within St. Anthony. Councilmember Jenson thanked Mr. Gumke for the level of 3 detail provided. Councilmember Stephens thanked Mr. Gumke and asked about the I/I project. A 4 sump pump was installed in her yard and asked about the pipe video. Mr. Gumke stated the 5 video inspection is separate. He would be happy to provide a list of contractors that have served 6 in St. Anthony. Councilmember Stephens asked if there is any grant money available and Mr. 7 Yunker stated that is on the next agenda item. Councilmember Doolan stated she appreciates all 8 the work the public works department does. She said it is nice to see the infrastructure projects 9 are having a positive impact. The clean-up days are well received. Mayor Webster referred to the 10 amount of drinking water and sewer. The mission statement has an emphasis on service. Street 11 sweeping also improves water quality. 12 B.13 Resolution 24-022 – Accepting and Approving the Grant Agreement Between the City of 14 St. Anthony Village and the Metropolitan Council of Environmental Services for the 15 Improvement of Publicly Owned Infrastructure. 16 17 City Manager Charlie Yunker reviewed in early 2016, the Metropolitan Council appointed a 18 Task Force of local community representatives to discuss and identify areas of improvement for 19 the existing Metropolitan Council Environmental Services (MCES) Ongoing Inflow and 20 Infiltration (I/I) program and the potential for future inflow and infiltration mitigation strategies 21 for both public and private infrastructure. This Task Force, representing public works directors, 22 city engineers, utility managers, finance directors (including former Finance Director Shelly 23 Rueckert) and city managers, met during the 2016 calendar year. 24 25 From that work, the MCES is implementing a pilot private property inflow and infiltration grant 26 program beginning in 2024. The goal of the program is to assist private property owners with 27 financial assistance to remove I/I from the regional interceptor system through repairs of the 28 sewer lateral or foundation drain on the property. The task force in 2016 identified a typical cost 29 range of $5,000 to $7,000 for repair or replacement. MCES staff provided details on the pilot 30 program to eligible cities on November 9, 2023. The eligible work was summarized: 31 32 Grants to private property owners shall be for a percentage of actual, reasonable, and 33 verifiable I/I mitigation costs. No costs of studies, engineering, or planning shall be 34 eligible. 35 Grant reimbursement shall be 50% of eligible costs, up to $5,000 for applicants not 36 meeting equity criteria set by the participating municipalities. Eligible work includes: o37 Private lateral repair and/or replacement. o38 Foundation drain disconnections and new sump pump, if associated with the 39 foundation drain disconnect. o40 Lateral televising and cleaning costs if: 41 Applicant meets the equity criteria or 42 Televising and cleaning result in repair or replacement of sewer lateral. 43 Grants of up to $10,000 may be given to private property owners meeting the 44 municipality’s equity criterion. 45 The private service line or foundation drain must be active and serving an occupied 46 building. 10 City Council Regular Meeting Minutes March 12, 2024 Page 7 1 All repairs and replacements must be made with materials and methods consistent with 2 local codes and permit requirements. 3 Qualified spending on eligible work must occur between January 1, 2024 and December 4 31, 2024. 5 6 The program will be administered by eligible cities, which are those have had a measurable flow 7 rate within 20 percent of the permitted flow limit, and which St. Anthony is one of those cities. 8 Cities can apply for a block of funding and determine eligibility within the city for those funds. If 9 a city included an equity component, additional funding per repair can be made available. 10 Application for the funding had to be made by Friday, December 15, 2023. Guidance by MCES 11 was a reasonable application would be for $25,000 - $50,000 per city. 12 13 Mr. Yunker reviewed the St. Anthony Program parameters. The guidelines were included in the 14 grant application and St. Anthony was ultimately approved for $40,000 in funding for 2024 15 following these parameters: 16 17 City will accept applications for 30 days May 1-31, 2024. 18 Owner Occupied properties are eligible. 19 Prioritize applications meeting equity criteria verifying income with 2023 Federal Tax 20 Return. 21 22 To include an equity criteria for the program, staff used the income limits utilized by the 23 Metropolitan Council, which are base4d on the Federal Housing of Urban Development (HHUD) 24 limits. 25 26 The FY2023 Income Limits Summary Charts were provided for Council consideration. Staff 27 recommends approval of the grant agreement to participate in the pilot program. 28 29 Councilmember Randle left the meeting. 30 31 Councilmember Jenson asked if the Income is Gross or Net and Mr. Yunker stated it is taxable 32 income. Mayor Webster asked about the communication plan to inform residents about the 33 application process. Mr. Yunker stated it would be communicated through the normal 34 communication social media channels. 35 36 Councilmember Doolan asked if this is for the cost of repairs and not the inspection and Mr. 37 Yunker stated that is correct. Councilmember Doolan asked if street repairs would correct any 38 pipe leakage and Mr. Yunker stated the City does the pipes in the streets. 39 40 Councilmember Stephens asked if the Met Council would be reviewing the videos. Mr. Yunker 41 stated there is a chunk of monies for Cities to divide up. Mr. Yunker stated this is Year 1 and 42 would grow over time. 43 44 Mayor Webster stated with the newsletter coming out April 1st, that would give residents time to 45 have the video and decide if they need to proceed. 11 City Council Regular Meeting Minutes March 12, 2024 Page 8 1 Councilmember Doolan stated if there is an inspection done and there is no more grant money 2 left is she obligated to fix it. Mr. Yunker stated not unless you were selling. 3 4 Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve Resolution 5 24-022 – Accepting and Approving the Grant Agreement Between the City of St. Anthony 6 Village and the Metropolitan Council of Environmental Services for the Improvement of 7 Publicly Owned Infrastructure. 8 9 Motion carried 4-0. 10 11 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 12 13 City Manager Yunker had no report. 14 15 Councilmember Doolan stated she attended an Environmental Futures Class at University of 16 Minnesota. On February 29, she attended the Lowry Bus Rapid Transit Discussion. On March 7, 17 she attended the League of MN Cities at the Capital. On March 8, she attended Ramsey County 18 League of Local Governments and March 11 she attended the Chamber of Commerce. On March 19 23 is the wine tasting at the Marketplace Liquor Store from 2-5pm. On March 11 the Chamber of 20 Commerce is having their Annual Meeting at Jax Café. 21 22 Councilmember Jenson stated he also attended the Lowry Bus Rapid Transit Discussion on 23 February 29. On March 7 he attended City on the Hill. On March 8 he attended the Ramsey 24 County Local League of Governments Meeting and the Board of Directors Meeting. He attended 25 the Open House Discussion earlier today. 26 27 Councilmember Stephens stated she attended the Parks and Environmental Commission Meeting 28 on March 4. She attended the City on the Hill on March 7. She sat in on Mayor Carter’s State of 29 the City Address on March 11. 30 31 Mayor Webster stated on March 1 she mailed a letter to a resident about train regulations and 32 train safety. The Emergency Manager for the City is the Fire Chief. On March 7 she attended the 33 League of MN Cities Meeting. Earlier this evening the first Open House Meeting was held 34 regarding servicing the community of Falcon Heights. There will be another community 35 engagement held in Falcon Heights. 36 37 38 VIII.COMMUNITY FORUM. 39 40 Ms. Ann Trench, 3429 Skycroft Circle, thanked Council for adopting the Climate Plan. She 41 made suggestions on the duties of the Sustainability Coordinator and the hiring process. The 42 right candidate will have a demonstrated passion for sustainability, a strong interest in combating 43 climate change, background in writing grants, and would work to implement the Climate Plan. 44 For hiring, she suggested a community member be included in hiring committee. She would like 45 the coordinator to join the Citizens for Sustainability Committee Meetings. 46 12 City Council Regular Meeting Minutes March 12, 2024 Page 9 1 2 IX.INFORMATION AND ANNOUNCEMENTS. 3 4 Councilmember Doolan reminded residents of the Three Rivers Park District Board meeting on 5 March 21 at 5:00 p.m. in Plymouth. 6 7 Mayor Webster stated this Friday the City of New Brighton is partnering an event at St. Anthony 8 High School. The goal is to bring together Muslim and non-Muslim citizens together. 9 10 Councilmember Stephens asked if there could be a work session to discuss the recent Northeaster 11 article on Councilmembers. 12 13 X. ADJOURNMENT. 14 15 Motion by Councilmember Stephens, seconded by Councilmember Jenson, to adjourn the 16 meeting at 9:05 p.m. 17 18 Motion carried 4-0. 19 20 Respectfully submitted, 21 Debbie Wolfe 22 TimeSaver Off Site Secretarial, Inc. 23 24 25 Mayor 26 ATTEST: 27 City Clerk 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 Saint Anthony Village DATE: March 26, 2024 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Contractor License Logan Companies, Ramsey, MN General Contractors License KGPCo Services, LLC, Faribault, MN Northeast Tree Inc., Minneapolis, MN Northland Fence, Ramsey, MN Cigarette and Tobacco Licenses: Applicant:St Anthony Village Wine & Spirits Location:2602 39th Ave NE 2700 Hwy 88 Applicant:Murphy’s Service Center Inc Location:3501 29th Ave NE Residential Rental Licenses: Applicant:Tamela Kay Walhof Location:2503 33rd Ave NE Parks Special Event Beer Permit: Date:05/09/24 Applicant:Shannon Foreman Location:Central Park Liquor Licenses: Applicant:GC Ventures/ National Grill Location:2201 St. Anthony Blvd 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 3/13/2024 - 3/26/2024 Mar 21, 2024 11:55AM Vendor Number Payee Check Issue Date Amount 10710 MISSION SQUARE 03/15/2024 1,515.00 12606 DVS RENEWAL 03/19/2024 156.25 11107 NEW BRIGHTON DEPARTMENT OF 03/20/2024 156.25 10011 ABLE HOSE & RUBBER LLC 03/26/2024 230.47 1122 AM CRAFTS SPIRITS 03/26/2024 306.25 13346 AMERICAN PUMP COMPANY 03/26/2024 4,991.52 10081 ANCOM COMMUNICATIONS 03/26/2024 1,516.00 1100 ARTISIAN BEER COMPANY 03/26/2024 6,607.92 10115 ASPEN MILLS 03/26/2024 566.35 10159 BEISSWENGER'S 03/26/2024 5.67 1013 BELLBOY CORPORATION 03/26/2024 7,941.26 1014 BELLBOY CORPORATION 03/26/2024 267.50 8544 BOURGET IMPORTS 03/26/2024 1,307.00 1018 BREAKTHRU BEVERAGE MN BEER 03/26/2024 26,320.18 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 03/26/2024 15,058.28 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 03/26/2024 4,473.93 12608 BY THE BARREL LLC 03/26/2024 3,000.00 13044 CAPITAL ONE TRADE CREDIT 03/26/2024 145.46 1017 CAPITOL BEVERAGE SALES 03/26/2024 15,405.81 10252 CENTERPOINT ENERGY 03/26/2024 11,881.36 10263 CENTURYLINK 03/26/2024 818.42 13262 CERES ENVIRONMENTAL INC 03/26/2024 85.00 13094 CERTIFIED LABORATORIES 03/26/2024 138.97 10299 CITY OF ST. PAUL 03/26/2024 495.00 1010 CLEAR RIVER BEVERAGE COMPANY 03/26/2024 1,932.05 13121 CLEARWAY COMMUNITY SOLAR LLC 03/26/2024 299.84 12924 COREMARK METALS 03/26/2024 18.10 1042 CRYSTAL SPRINGS ICE 03/26/2024 224.96 12821 CUSHMAN MOTOR CO INC 03/26/2024 1,290.00 12617 CUSTOM FIRE APPARATUS INC 03/26/2024 473.98 10373 DAILEY DATA & ASSOCIATES 03/26/2024 101.25 10375 DALCO 03/26/2024 333.13 2049 Dangerous Man Brewing Co.03/26/2024 1,622.00 10432 DORSEY & WHITNEY 03/26/2024 358.50 10461 EHLERS & ASSOCIATES, INC.03/26/2024 1,152.50 2042 ELM CREEK BREWING COMPANY 03/26/2024 470.00 2036 FALLING KNIFE BREWING CO 03/26/2024 433.00 10508 FERGUSON WATERWORKS 03/26/2024 127.47 10526 FLEETPRIDE 03/26/2024 74.33 13315 FOUNDATION BUILDING MATERIALS 03/26/2024 67.51 13177 FRA-DOR INC 03/26/2024 60.75 11866 GALLS 03/26/2024 1,953.46 13355 GOFF PUBLIC 03/26/2024 5,555.00 10585 GRAINGER 03/26/2024 194.56 10624 HAWKINS INC 03/26/2024 20.00 2024 HEADFLYER BREWING 03/26/2024 305.00 12290 HENNEPIN COUNTY TREASURER 03/26/2024 765.76 10661 HENNEPIN COUNTY TREASURER 03/26/2024 5,357.43 1019 HOHENSTEIN'S INC 03/26/2024 6,312.30 11547 INFOBUREAU SERVICES INC 03/26/2024 15.00 12893 INNOVO AUTOMATION 03/26/2024 7,900.12 2044 INSIGHT BREWING COMPANY 03/26/2024 555.79 10733 INSTRUMENTAL RESEARCH, INC.03/26/2024 120.00 17 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 3/13/2024 - 3/26/2024 Mar 21, 2024 11:55AM Vendor Number Payee Check Issue Date Amount 10772 JENSON/JAN 03/26/2024 74.24 13352 Jersey Mikes Subs 03/26/2024 179.54 1102 JOHNSON BROTHERS 03/26/2024 7,377.00 1004 JOHNSON BROTHERS LIQUOR COMPANY 03/26/2024 7,094.47 1005 JOHNSON BROTHERS LIQUOR COMPANY 03/26/2024 2,864.52 1006 JOHNSON BROTHERS LIQUOR COMPANY 03/26/2024 16,493.00 1044 JOHNSON BROTHERS LIQUOR COMPANY 03/26/2024 9,889.18 10785 KATH FUEL OIL SERVICE 03/26/2024 145.00 2028 LADONA CERVECERIA 03/26/2024 286.00 10830 LEAGUE OF MINNESOTA CITIES 03/26/2024 2,090.00 12894 LEAST SERVICE COUNSELING LLC 03/26/2024 615.00 2045 LIBATION PROJECT 03/26/2024 106.04 10861 LOFFLER COMPANIES - 131511 03/26/2024 274.97 2010 LUPULIN BREWING 03/26/2024 833.75 1125 MAVERICK (NEGOCE)03/26/2024 907.50 13365 MENARDS 03/26/2024 137.03 10989 MINNESOTA HIGHWAY SAFETY AND 03/26/2024 1,020.00 2006 MODIST BREWING COMPANY 03/26/2024 770.00 1051 NEW FRANCE WINE COMPANY 03/26/2024 2,722.33 13126 NORTH STAR CAR WASH 03/26/2024 260.00 13210 ODP BUSINESS SOLUTIONS LLC 03/26/2024 316.92 13247 OECS 03/26/2024 950.00 2038 OLIPHANT BREWING 03/26/2024 800.00 12779 OPTION ONE MECHANICAL LLC 03/26/2024 4,940.00 12112 OREILLY AUTO PARTS 03/26/2024 47.88 1012 PAUSTIS & SONS 03/26/2024 4,316.00 1001 PHILLIPS WINE & SPIRITS 03/26/2024 7,790.73 1002 PHILLIPS WINE & SPIRITS 03/26/2024 8,238.64 2019 PRYES BREWING COMPANY 03/26/2024 1,037.50 1062 RED BULL DISTRIBUTION COMPANY 03/26/2024 204.11 11351 ROY C., INC.03/26/2024 277.76 2047 RUE 38 LLC 03/26/2024 409.00 11397 SHARROW LIFTING PRODUCTS 03/26/2024 650.00 2018 SMALL LOT WINES 03/26/2024 3,665.65 13357 SORENSON TREE SERVICE 03/26/2024 1,875.00 1024 SOUTHERN GLAZER'S OF MN 03/26/2024 7,074.58 1008 SOUTHERN GLAZER'S OF MN 03/26/2024 8,370.92 1026 SOUTHERN GLAZER'S OF MN 03/26/2024 13,176.49 1036 SOUTHERN GLAZER'S OF MN 03/26/2024 1,225.92 11441 SPIESS/JEFF 03/26/2024 20.00 13364 SPS WORKS 03/26/2024 53.35 12760 SSI MN TRANCHE 1 LLC 10322006 03/26/2024 628.78 11457 ST ANTHONY VILLAGE CENTER LLC 03/26/2024 2,430.03 2001 STEEL TOE BREWING 03/26/2024 175.00 11502 STREICHERS 03/26/2024 50.96 13133 SUNBELT RENTALS INC 03/26/2024 912.21 13366 TARGET SOLUTIONS LEARNING LLC 03/26/2024 3,300.00 11586 TRACY PRINTING 03/26/2024 481.80 1098 TRADITION WINE & SPIRITS 03/26/2024 916.00 11626 U.S. BANK (PURCHASING CARD)03/26/2024 6,221.77 12776 USS MINNESOTA ONE MT LLC 03/26/2024 3,527.54 11674 VERIZON WIRELESS 03/26/2024 297.50 1025 VINOCOPIA 03/26/2024 2,202.25 18 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 3/13/2024 - 3/26/2024 Mar 21, 2024 11:55AM Vendor Number Payee Check Issue Date Amount 11706 WATER CONSERVATION SERVICE INC 03/26/2024 602.46 1034 WINE COMPANY THE 03/26/2024 5,306.00 1038 WINE MERCHANTS INC 03/26/2024 2,708.22 1032 WINEBOW 03/26/2024 760.50 11738 WSB & ASSOCIATES INC.03/26/2024 25,246.25 11740 XCEL ENERGY 03/26/2024 5,922.83 13193 ZOLL MEDICAL CORPORATION 03/26/2024 1,698.32 Grand Totals:324,452.08 19 THIS PAGE LEFT INTENTIONALLY BLANK 20 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – March 26, 2024 GC Project No.140.01 – 24.02 Request:Request for a Conditional Use Permit for a Temporary Structure (Garden Center) in a C, Commercial District Property Address:2900 Pentagon Drive Property PID:07-029-23-24-0018 REQUESTED COUNCIL ACTION Consideration of adoption of Resolution 24-023 approving a Conditional Use Permit for a Seasonal Garden Center at 2900 Pentagon Drive per the requirements of said Resolution, including the findings of fact and conditions of approval. PLANNING COMMISSION ACTION The Planning Commission considered the proposed Conditional Use Permit at a public hearing during its regular meeting on March 19, 2024. The applicant/operator was present at the meeting to answer questions from the Commission. No other members of the public were present. The Commission discussed the proposed use, noting that it had existed largely in the same location and nature of operation in previous years, without apparent incident or issue. The Commission queried the applicant as to restroom facilities available to employees of the facility. The applicant indicated that they have had an informal working relationship with the Subway Restaurant in the past and anticipates that this will continue to be the case. The Commission asked that the applicant document that approval by correspondence from the restaurant owner/manager for the record, which he agreed to do. Following discussion, the Commission voted unanimously to recommend approval of the Conditional Use Permit with the conditions identified in the staff report (see below). The conditions have been expanded slightly to express the Commission’s recommendation that staff would have the authority to approve any future request for portable restroom locations if such a facility were to be needed. 21 March 26, 2024 Page 2 PROJECT DESCRIPTION The Applicants are seeking approval of a Conditional Use Permit to erect and operate a temporary garden center as a commercial use on the property at the above address (the St. Anthony Shopping Center). The garden center would be set up and placed in the parking lot of the center along the outer boundary of the property nearest the frontage road for Highway 88. Temporary structures such as this are specifically allowed as Conditional Uses, with a series of conditions that relate to the site conditions and requirements for the facility, including duration, signage, and other operational elements. STAFF ANALYSIS Temporary structures are regulated by the Zoning Ordinance in Section 152.190 (F). That section provides as follows: (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. 3) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 4) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 5) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 6) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 7). Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal. 22 March 26, 2024 Page 3 For the application in question, the proposed garden center is proposed to be within a fenced enclosure shown as approximately 132 feet in length by 42 feet in width. A temporary greenhouse approximately 72 feet long by 22 feet wide (approximately 1,580 square feet) is located within the enclosed area, which is otherwise occupied by display of garden plants and materials. The site has been utilized in this manner on a seasonal basis in prior years. Indeed, the aerial photography on the Hennepin County property information website shows the prior installation, which is similar to that now proposed under the CUP: The proposed site plan for the current application utilizes the same layout and location. As can be seen, the site occupies the outer drive lane for the center. While there could be some disruption of traffic pattern in this area, the frontage road duplicates the circulation aisle and as such, should not negatively impact traffic. The shopping center owner has collaborated with the application, and there is no expectation that the proposed site would create problems for either the site, or for public services that may be needed. One aspect of the site and use relates to the nature of the garden center as an independent tenant on the property. As there will be employees on site, the applicant should identify restroom facilities for the temporary use. If portable restroom facilities are to be utilized for the temporary use, the code requires in Section 152.190(E)(4) that: “In all districts, portable restroom facilities shall be placed in such a way as to maximize, insofar as practicable, screening of view from the public right of way and/or residentially zoned property, while acknowledging the need for service and maintenance access.” 23 March 26, 2024 Page 4 The applicant should identify how the site will be served for these purposes, and whether the employees will have access to facilities in permanent businesses on the site, or if a temporary restroom facility will be located to comply with the intent of this section. Signage for the facility is shown on the submitted drawings to consist of “wall” signage location over the entrance, and on the side walls of the temporary structure. No freestanding signage is proposed. The CUP provisions can include an allowance for the proposed signage as shown. As a part of the ongoing operational aspects of the use, the applicant should verify compliance with the duration (180 days), and any other requirements, including those of the fire department officials. GENERAL INFORMATION Applicant:Garden City LLC Owner:St. Anthony Shopping Center LLC Location:2900 Pentagon Drive Existing Land Uses Retail Shopping Center Zoning:C, Commercial Deadline for Agency Application Complete Date: March 4, 2024 Action:60 Days: May 3, 2024 Letter Sent:NA 120 Days:July 2, 2024 1.Criteria for and Consistency with Criteria for CUP Approval. Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.190; §152.120 et seq; §152.243. SUMMARY AND STAFF RECOMMENDATIONS Conditional Use Permit for a Temporary Garden Center- Staff recommends approval with the following conditions: 1.Issues related to building, fire, and other related city codes shall be subject to comment and recommendation by applicable staff. This CUP is provided for land use purposes only, and other applicable licenses or permits require separate application. 24 March 26, 2024 Page 5 2.The applicant receives, and provides to the City, operational information related to utility services and any details related to use and location of portable restroom facilities on the premises. If portable restroom facilities are proposed at some point in the future, the applicant may provide information to the City and staff shall have the authority to approve a location consistent with the requirements of the City Code. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. This recommendation is based on a finding that the proposal, with the conditions cited, is consistent with the requirements for Conditional Use Permit consideration, with the long-term objectives of the recommendations and policies of the St. Anthony Comprehensive Plan. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material Exhibit C: Resolution 24-023 25 To City Officials City Of St Anthony Village, Minnesota March 03, 2024 , Garden City LLC is a company that set up and operated temporary Garden Centers around the Metro area. I am enclosing some photos and information about our garden centers. We have been doing Flower Marts for 9 Years in the Twin Cities area. The response we have had from our customers and nearby businesses has been excellent. Our concept in marketing and presentation has received numerous compliments from customers and others within the garden center industry. Having a Garden City Flower Mart at your location generates a lot of excellent visual attraction which brings color to the center in the spring when shoppers are eager to get going on their gardens. Getting customers into shopping centers is of prime importance to all businesses. Having first quality garden products available for your customers shows that you care to provide them with a convenience near to where they shop. ABOUT GARDEN CITY: Garden City is a 9 year old business and has been selling high quality flower and vegetable plants. We buy and sell Annuals, nursery stock, perennials, and specialty items, During the last three years we have developed our "Flower Marts" and have placed them throughout the Twin Cities. In 2023 we operated at 9 different locations Rosedale Shopping Center, White Bear Shopping Center, and Mounds view Square Shopping Center, St Anthony Shopping Center, Country Village Shopping Center in Minnetonka and Burnsville Center. During our season we sell all types of annuals, perennials, hanging baskets and other products for use in the home garden. Because we are well known as a quality flower carrier, many gardeners seek us out to supply their planting needs. Locating in areas around the cities enables us to serve our customers better. It is also an opportunity for neighboring business owners to provide their customers with quality flower and vegetable plants conveniently nearby. Our customers have given us a tremendous welcome and look forward to our returning each spring. We carrier a quality bedding plants as well as other seasonal products for sale. We take great pride in our "Flower Marts" and are proud to display our name on them and carefully sign them to identify ourselves. The photos show our "Flower Marts" at various locations for you to see how we look. We are very proud of our reputation and do everything possible to be the best in this market. THE MARKET: We feel that your location may be an excellent place to locate a Garden City "Flower Mart". This could be an opportunity to serve our customers in your community with a nearby convenient shopping location where they can buy quality plant materials from a local Twin Cities growers. We are experienced in this kind of operation and feel that we are doing an excellent service for our customers and our surrounding communities. 26 LOCATION: The area needed is typically 130’x 40’ This size includes the garden center itself and the patio areas connected to the Flower Mart. We will locate in a place that is some distance from the front of the other businesses and out of the main stream of traffic, both pedestrian and vehicular. We want to give the Flower Mart visibility to the public without obstructing the visibility of the other neighboring businesses, and at the same time have good visibility in order to attract customers into the lot. TRAFFIC: With regard for vehicle traffic, the "Flower Mart" is placed in the selected location in order to keep any traffic disruption to a minimum. The patio areas at the front, side and back serve to protect the "Flower Mart" from vehicles and let the drivers see around the garden center. The patio fence is about 4 ft high and surrounds the "Flower Mart" on three sides. This design has been used at our "Flower Marts" for several years and we have yet to have had a problem with vehicle movement. We feel that this is a safe way to deal with vehicles. Placed in this manner, vehicles cannot park adjacent to the "Flower Mart". The circulation of vehicles in the parking lot will not be adversely affected by the "Flower Mart" due to its location in the lot. PARKING: We have designed the "Flower Mart" as we did because we feel that this is the most professional design and uses the available space to its maximum potential. Garden City has operated "Flower Marts" successfully for 5 Years in communities surrounding the Twin Cities. It has been our experience that the traffic and parking in the lots shared by the "Flower Mart" is not affected considerably due to the sharing of customers with our property owner. We bring in many customers but they are easily handled by the size of the lots we occupy. We do not want to create a congestive atmosphere for our customers or neighboring businesses. The "Flower Mart" generates business activity which varies during the business day with the most activity occurring in late afternoon and evening. There is also business activity occurring on the weekends with the most on Saturdays. Having done this type of operation for 5 years, it would be safe to say that the average amount in the "Flower Mart" at any one time is about five to six customers. The maximum amount of customers may be up to ten. There are certainly times when special sales occur that higher levels of activity may occur, but we have never seen so much that a problem has occurred in relation to the amount of cars or pedestrian traffic. THE "FLOWER MART": The typical "Flower Mart" itself is 72’ ft long and 21 ft wide and 12 ft. high. There are patio/display areas in the front, side and rear of the "Flower Mart". The entire size is 130’x 40’. See the attached drawing. The size and configuration can be adjusted somewhat in order to meet the available space. The "Flower Mart" itself is a high quality greenhouse structure which sits on the pavement and is held down with an internal system which uses water for ballast. It is a commercially made unit, which is manufactured by a Minnesota company (Poly-Tex, located in Castle Rock, MN). It is a very good looking structure which we have used for many years. 27 ADVERTISING: Garden City has established an extensive advertising program, which includes. The Garden City name is synonymous with quality, selection, and service. We also use radio, and other mailings and social media and 16,000 email list to convey our message. We make extensive efforts to bring in customers so we can be successful as well as all other merchants. SIGNAGE: The signage for a typical "Flower Mart" is shown on the drawing. This is what we believe to be an excellent signage plan. We have tried to design the appearance and signing of our stores to be not only eye catching but professional looking as well. We are very conscious of how we look and do business. We would comply with the current sign requirements of the City. UTILITIES: Our only utility requirements are reasonable access to water for the plants and 110 volt electricity (on 24 hours) which runs the cash register and other small items in the "Flower Mart". This power typically comes from a light pole in the lot nearest the "Flower Mart. We have no lighting permanently installed in the "Flower Mart". Garden City takes away all discarded material and unnecessary items. We strive to maintain a clean and professional appearance. Water is the other utility we need. This is needed to care for the plant material at the "Flower Mart". The source of the water is not specifically identified at this point. Hopefully a source can be located nearby or from the underground watering system. We only need the equivalent of a standard gardening hose to water the plant material. THE SPRING SELLING SEASON: The selling season to be from April 25 thru September 30 (weather dependent). We typically begin preparations to set up all of the Garden City "Flower Marts" from March 15 to the opening day. We request the necessary time to build the "Flower Mart" before the season begins. We first deliver the necessary equipment to the location and then begin setting-up the "Flower Mart" when the weather is permissible. The "Flower Mart" is taken down and totally removed on the closing day of the season. We totally clean and sweep the location in the parking lot so that once we are gone there is no evidence of our having been there. OUR HOURS: Our hours are 8:00 AM until 8:00 PM weekdays and Saturday 8:00 AM to 7:00 PM Sunday 8:00 AM to 8:00 PM . We typically have two to three employees during weekdays and three to four during weekends. We are open seven days a week during the season. The "Flower Mart" is closely supervised by myself and Store Managers who keep it stocked and operating cleanly and efficiently. We make every attempt to employ persons from the community. 28 I have tried to provide all of the information about Garden City to answer your questions. We typically pay a fee to the owner for the season. Last year we had a very good welcoming from the community of St. Anthony. We are eager to come back and continue our tradition of providing the best products in a quality garden center at a first rate shopping center. If you have any other questions or concerns you can reach me at any time on my cellular telephone 612-363-2084. or by email at camilo@gardencitymn.com Best Regards Camilo Reyes Owner 29 Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* CRO Address of Property Involved* 2900 Pentagon Drive Property ID Number* 0702923240018 Legal Description Applicant Information Applicant Name* Garden City LLC- Camilo Reyes Applicant Email Address camilo@gardencitymn.com Land Use Application - Submission #6894 Date Submitted: 3/4/2024 30 Applicant Address 15450 N Dianond Lake Rd Applicant Phone Number* 6123632084 Property Information Property Owner (if different from above) Albert Owner Email Address alesther@aol.com Owner Address 2900 Pentagon Drive (St Anthony Shopping Center Parking lot) Owner Phone Number 612-7416469 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) The request is to operate a temporary garden center at the St Anthony Shopping Center Parking Lot from March 15 to September 30 like we have been doing since 2016. 31 Attachments 2024 St Anthony City Latter.docx Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Camilo Reyes Ogando Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. 32 33 34 35 NOTICE OF A PUBLIC HEARING March 19, 2024, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a conditional use request to allow seasonal outdoor sales for a garden center at the property located at 2900 Pentagon Drive (St. Anthony Shopping Center parking lot). The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at https://savmn.com/calendar.aspx In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 612-409-6503. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting tentatively to be scheduled on March 26, 2024 at 7:00 p.m. at City Hall. Steve Grittman City Planner 36 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-023 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY BUILDING AND SEASONAL GARDEN FACILITY IN THE C, COMMERCIAL DISTRICT WHEREAS, the City of St. Anthony Village received a request from the property owner and proposed licensee for temporary building and seasonal garden center establishment at Pentagon Drive; and WHEREAS, the property is located in a C, Commercial district in which such facilities are allowed by Conditional Use Permit; and WHEREAS, the subject property has been utilized in a similar manner in past years, and has operated without significant issue; and WHEREAS, the Conditional Use Permit allowance for such uses is a one-time permitting requirement provided no substantive changes occur in the facility from year to year; and WHEREAS, consideration of a Conditional Use Permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial property or public spaces; 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 other public safety needs; 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 March 19, 2024 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 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 with access to a major roadway. 2.The proposed use is identified as an allowed Conditional Use in the applicable Commercial zoning district. 3.The additional impacts of the proposed are use expected to be minimal due to the minimal and temporary changes to the building and site, operations hours consistent with surrounding uses, and including compatibility with other uses in the neighborhood. 37 4.The proposed seasonal business use constitutes 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 the Conditional Use Permit authorizing a temporary building and seasonal garden facility as shown on the plans submitted on or before March 4, 2024, at 2900 Pentagon Drive, in accordance with the following conditions: 1.Issues related to building, fire, and other related city codes shall be subject to comment and recommendation by applicable staff. 2.The applicant receives, and provides to the City, operational information related to utility services and any details related to use and location of permanent or portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. Passed in regular session of the City Council on the 26th day of March, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 38 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – March 26, 2024 GC Project No.140.01 – 24.03 Request:Request for a Conditional Use Permit for a Temporary Structure (Garden Center) in a PUD, Planned Unit Development District Property Address:3930 Silver Lake Road NE Property PID:31-30-23-31-0029 REQUESTED COUNCIL ACTION Consideration of adoption of Resolution 24-024 approving a Conditional Use Permit for a Seasonal Garden Center at 3930 Silver Lake Road NE per the requirements of said Resolution, including the findings of fact and conditions of approval. PLANNING COMMISSION ACTION The Planning Commission considered the proposed Conditional Use Permit at a public hearing during its regular meeting on March 19, 2024. The applicant/operator was not present at the meeting to answer questions from the Commission, nor were other members of the public. The Commission discussed the proposed use, noting that it had existed largely in the same location and nature of operation in previous years, without apparent incident or issue. The Commission discussed location and circulation on the site. The Commission further discussed restroom facilities available to employees of the facility. Staff indicated that the applicant is the tenant on the subject property – Cub Foods, which can grant approval for the garden center operator and its employees to utilize store facilities. The Commission noted that any future utilization of temporary portable restroom facilities would require staff approval, presuming compliance with the requirements of City Code. Following discussion, the Commission voted unanimously to recommend approval of the Conditional Use Permit with the conditions identified in the staff report (see below). The conditions have been expanded slightly to express the Commission’s recommendation that staff would have the authority to approve any future request for portable restroom locations if such a facility were to be needed. 39 March 19, 2024 Page 2 PROJECT DESCRIPTION The Applicants are seeking approval of a Conditional Use Permit to erect and operate a temporary garden center as a commercial use on the property at the above address (the Cub Foods property). The garden center would be set up and placed in the parking lot of the center within the parking near the southeast corner of the grocery store, nearest the front access road. Temporary structures such as this are specifically allowed as Conditional Uses, with a series of conditions that relate to the site conditions and requirements for the facility, including duration, signage, and other operational elements. STAFF ANALYSIS Temporary structures are regulated by the Zoning Ordinance in Section 152.190 (F). That section provides as follows: (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. 3) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 4) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 5) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 6) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 7). Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal. 40 March 19, 2024 Page 3 For the application in question, the proposed garden center is proposed to be within a fenced enclosure shown as approximately 152 feet in length by 36 feet in width. A temporary greenhouse approximately 60 feet long by 21 feet wide (approximately 1,260 square feet) is located within the enclosed area, which is otherwise occupied by display of garden plants and materials. The site has been utilized in this manner on a seasonal basis in prior years. Indeed, the aerial photography on the Ramsey County property information website shows the prior installation, which is similar to that now proposed under the CUP: The proposed site plan for the current application utilizes the same layout and location. As can be seen, the site occupies 2 ranks of parking in the existing parking lot. As situated, the existing drive aisles would remain unobstructed. The store owner has is the applicant, and there is no expectation that the proposed location or layout would create problems for either the site, or for public services that may be needed. The applicant should identify how the site will be served for restroom purposes, and whether the employees will have access to facilities in permanent businesses on the site. If a temporary restroom facility will be located to comply with the intent of Section 152.190(E) to ensure that it is placed in the least visible location. Signage for the facility is not shown on the submitted drawings. Any signage should consist only of “wall” signage. No freestanding signage is to be employed on the site. The CUP provisions can include an allowance for the proposed signage in compliance with these requirements. As a part of the ongoing operational aspects of the use, the applicant should verify compliance with the duration (180 days), and any other requirements, including those of the fire department officials. 41 March 19, 2024 Page 4 GENERAL INFORMATION Applicant:Cub Foods Owner:Inland Silver Lake Village Location:3930 Silver Lake Rd NE Existing Land Uses Retail Shopping Center Zoning:C, Commercial Deadline for Agency Application Complete Date: February 29, 2024 Action:60 Days: April 28, 2024 Letter Sent:NA 120 Days:June 27, 2024 1.Criteria for and Consistency with Criteria for CUP Approval. Title XV Land Usage, Chapter 152 Zoning Code, Sections §152.190; §152.120 et seq; §152.243. SUMMARY AND STAFF RECOMMENDATIONS Conditional Use Permit for a Temporary Garden Center- Staff recommends approval with the following conditions: 1.Issues related to building, fire, and other related city codes shall be subject to comment and recommendation by applicable staff. This CUP is provided for land use purposes only, and other applicable licenses or permits require separate application. 2.The applicant receives, and provides to the City, operational information related to utility services and any details related to use and location of portable restroom facilities on the premises. If portable restroom facilities are proposed at some point in the future, the applicant may provide information to the City and staff shall have the authority to approve a location consistent with the requirements of the City Code. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. 42 March 19, 2024 Page 5 This recommendation is based on a finding that the proposal, with the conditions cited, is consistent with the requirements for Conditional Use Permit consideration, with the long-term objectives of the recommendations and policies of the St. Anthony Comprehensive Plan. ATTACHMENTS Exhibit A:Location map Exhibit B:Application and Supporting Material Exhibit C: Resolution 24-024 43 Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* SJ Address of Property Involved* 3930 Silver Lake Rd St Anthony, MN 55421 Property ID Number* 31-30-23-31-0029 Legal Description Applicant Information Applicant Name* Steve Jost Applicant Email Address cub.x.31274asd@cub.com Land Use Application - Submission #6843 Date Submitted: 2/28/2024 44 Applicant Address Applicant Phone Number* 6127898689 Property Information Property Owner (if different from above) Cub Foods Owner Email Address cub.x.31274asd@cub.com Owner Address 3930 Silver Lake Rd St Anthony, MN 55421 Owner Phone Number 6127898689 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) Parking lot seasonal garden center (site plan attached) 45 Attachments silver lake cub garden center site plan.pdf Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Steven D Jost Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. 46 47 48 49 50 51 52 53 NOTICE OF A PUBLIC HEARING March 19, 2024, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a conditional use request to allow seasonal outdoor sales for a garden center at the property located at 3930 Silver Lake Road (Cub Foods parking lot). The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at https://savmn.com/calendar.aspx In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 612-409-6503. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting tentatively to be scheduled on March 26, 2024 at 7:00 p.m. at City Hall. Steve Grittman City Planner 54 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-024 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY BUILDING AND SEASONAL GARDEN FACILITY IN THE C, COMMERCIAL DISTRICT WHEREAS, the City of St. Anthony Village received a request from the property owner and proposed licensee for temporary building and seasonal garden center establishment at Pentagon Drive; and WHEREAS, the property is located in a C, Commercial district in which such facilities are allowed by Conditional Use Permit; and WHEREAS, the subject property has been utilized in a similar manner in past years, and has operated without significant issue; and WHEREAS, the Conditional Use Permit allowance for such uses is a one-time permitting requirement provided no substantive changes occur in the facility from year to year; and WHEREAS, consideration of a Conditional Use Permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial property or public spaces; 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 other public safety needs; 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 March 19, 2024 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 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 with access to a major roadway. 2.The proposed use is identified as an allowed Conditional Use in the applicable Commercial zoning district. 3.The additional impacts of the proposed are use expected to be minimal due to the minimal and temporary changes to the building and site, operations hours consistent with surrounding uses, and including compatibility with other uses in the neighborhood. 55 4.The proposed seasonal business use constitutes 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 the Conditional Use Permit authorizing a temporary building and seasonal garden facility as shown on the plans submitted on or before March 4, 2024, at 2900 Pentagon Drive, in accordance with the following conditions: 1.Issues related to building, fire, and other related city codes shall be subject to comment and recommendation by applicable staff. This CUP is provided for land use purposes only, and other applicable licenses or permits require separate application. 2.The applicant receives, and provides to the City, operational information related to utility services and any details related to use and location of permanent or portable restroom facilities on the premises. 3.The CUP is provided for the requested site only. Changes in location, size, operation, or other aspects of the facility will require a new CUP application. The CUP, per the allowances of the Zoning Ordinance relating to Temporary Structures, remains valid for the location and site as proposed, with need only for annual administrative review, provided no expansion or other substantive changes are proposed. Passed in regular session of the City Council on the 26th day of March, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 56 2023 St. Anthony Police Department Annual Report Jeff Spiess Police Chief ____________ 57 Your St. Anthony Police Department 58 Department Summary Department Strength •20 -Full Time Police Officers •1 -Full Time Community Service Officer •1 –Part Time Cadet •2 -Full Time Civilian Support Staff Department Fleet •7 -Marked Squads •1 -Marked CSO Unit •5 –Passenger vehicles assigned to Chief, Captain, Detective & Special Detail 59 St. Anthony Part I Crimes Murder Rape Robbery Agg Assault Burglary Theft MV Theft Arson 2021 1 3 15 9 47 271 32 1 2022 0 2 9 4 66 253 52 1 2023 0 3 8 5 33 217 39 0 0 50 100 150 200 250 300 2021 2022 2023 Crime Statistics 60 St. Anthony Part II Crimes Assault Property Damage Forgery DOC DWI/Liquor Weapons Drugs 2021 26 54 14 6 4 2 13 2022 21 38 28 12 2 6 16 2023 23 25 3 13 29 5 9 0 10 20 30 40 50 60 2021 2022 2023 Crime Statistics 61 Part I and II Crimes by Year 0 50 100 150 200 250 300 350 400 450 2019 2020 2021 2022 2023 Part I Part II 62 Investigation Review •Total Criminal Cases 476 •Total Cases Cleared 186 •Total Cases Cleared by Arrest 143 •Total Cases Cleared by Other 44 63 Calls for Service 7586 7322 7201 7415 7702 6900 7000 7100 7200 7300 7400 7500 7600 7700 7800 2019 2020 2021 2022 2023 64 Patrol Review •16 personnel assigned to Patrol –Four Shifts; 1 supervisor and 3 officers •Responds to 911 calls •Proactive Patrol •Community Building •Crime Detection and Deterrence •Traffic Safety Initiative 65 Patrol Review Reason for the Stop Data Moving 73% Vehicle 17% Investigative 7% 911 Call 3% Moving Vehicle Investigative 911 Call 66 Education Summary Training Objective Provide continued professional development, enhance safety of officers and community & foster unity of purpose and cooperation with the community. ______________________________________________ All training reviewed for content by the MN P.O.S.T. Board and/or St. Anthony PD Command to ensure adherence with Strategic Plan Utilize both virtual and in-person platforms Total training hours =1988 67 Education Summary 217 940 216 174 441 0 100 200 300 400 500 600 700 800 900 1000 SWAT/NEGOTIATOR ANNUAL POST/LICENSE REQUIREMENTS DEPARTMENT POLICY OSHA ELECTIVEHOURS TOTAL TRAINING HOURS = 1,988 2023 TRAINING HOURS 68 Cadet Program New in 2023 Cadets are students who: •Are aspiring police officers •Are currently enrolled full time •Maintain a 2.0 GPA •Work up to 25 hours/week •Have a focus on completing their education and becoming a St. Anthony Police Officer 69 Cadet Program New in 2023 The program helps St. Anthony: •Hire great new officers •Evaluate potential police officers long before hiring them •Provide better service to the community 70 Recruitment Team New in 2023 Who’s on the team? Led by Beth Denzer Everyone 71 Recruitment Team New in 2023 Events in 2023 U of M Government Career Fair University of Minnesota Tabling Event (Inver Hills Community College) 72 Social Media Social Media Team: Officers use social media as a method of effectively informing the public about department services, issues, investigations and other relevant events. 2187 Followers 73 Social Media 74 Community Engagement 75 Community Engagement •Every officer is a community engagement officer and every encounter is engagement •Team of four –Operates social media –Meets quarterly to plan –Organizes community events and presents to the public –Develops youth and other programs as a form of engagement and education Our Team 76 Community Engagement •Annual Summer Survival School/Safety Camp instructing 30 incoming 4th graders on topics such as bicycle safety, using 911, and fire safety •Speaking at Home Alone classes through Community Services •Partnered with Cub Foods to offer “Hot Dogs with Police and Fire” event •Motor Vehicle Theft Prevention Program 77 Community Engagement •Hosted Cops Vs Kids Basketball game event •Scam Prevention Seminars •Education and engagement through Social Media •MN Nite to Unite •Smart911 •CatGuards (Catalytic Converter Theft Prevention) 78 Body Worn Camera Program •Fifth full year of implementation •Passed required biennial audit conducted November 2022 with a 100% compliance •Continued monthly internal compliance checks: –481 videos reviewed –99% Compliance Rate •Video reviewed in all Use of Force incidences and allegations of officer misconduct. •Next biennial audit: November 2024 79 Work Plan Accomplishments Collected and responsibly disposed of nearly 400 pounds of pharmaceuticals through our Medicine Dropbox program. Conducted selection processes for the positions of Police Chief, Captain, Lieutenant, Sergeant, Detective, and Task Force officer. Conducted a data-driven staffing study and received funding for two additional sworn positions: an administrative Lieutenant and an officer to join the Ramsey County Violent Crime Enforcement Team Created a Cadet pilot program and hired two part-time cadet officers. Formed a recruitment team and attended several hiring events throughout the metro area. Purchased and trained officers in additional less-lethal use of force options. 80 Work Plan Accomplishments –Continued officer training that emphasizes officer skill development in areas associated to mental health concerns, de-escalation strategies and community relations. –Continued department training utilizing Integrating Communications, Assessment and Tactics (I.C.A.T.) into officer development and training. Focus on training platforms related to Use of Force, Emergency Medical Responder (EMR), Firearms and responding to persons in crisis. –Continued professional development of first line supervisors, as well as Office Manager, Officer Support Specialist, Captain & Chief. –All officers completed League of MN Cities, MN POST Board approved, 2023 "Patrol Online" training for officers. 81 Work Plan Accomplishments –Created an interface that allows the automated transfer of digital media to the Ramsey County Attorney’s Office. –Maintained police department membership with city wide involvement in the Government Alliance on Race and Equity. –Hired for four vacancies at the position of police officer. –Utilized the services of retired police officers to assist in the backgrounding process. –Partnered with Hyundai and Kia to obtain free steering wheel locks for residents. 82 What’s On Deck -Update to Department’s Strategic Plan -Continue to grow Recruitment Team and looking for additional opportunities to find new candidates. -Begin relationship with the Ramsey County Violent Crime Enforcement Team (VCET). -Transition to new administrative Lieutenant position. -Hire for four upcoming police officer vacancies. -Hire and train an additional Cadet. -Continue the Falcon Heights exploratory process. -Transition to a new scheduling software program to better inform and track scheduling needs and opportunities. -Transition to a new training recording software integration system. 83 Stay Connected –Updates provided via the St. Anthony Village website. Sign up to be “Notified.” –Email us at police@savmn.com –Request police records at sapdrecords@savmn.com –Call us at 612-782-3350 to arrange for a meeting via phone or in person 84 This report can be viewed online at: www.savmn.com 85 Thank You 86 K:\023088-000\Admin\Resolutions\LTR-hmcc-031524.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM March 15, 2024 Honorable Mayor, City Council and Staff c/o Charlie Yunker, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony, MN 55418 Re: 2024 Street Improvement Project St. Anthony Village, MN WSB Project No. 023088-000 Dear Honorable Mayor, City Council, and Staff: Following this letter are three (3) resolutions for your consideration at the March 26, 2024, City Council Meeting. The three resolutions for your consideration are: A Resolution Calling a Hearing for the 2024 Street Improvement Project This resolution sets a public hearing to be held on April 23, 2024, at 7:00 pm. On February 1, 2024, bids for the 2024 Street Improvement Project were opened. The low bid received for the project was $2,024,956.77. The total cost of the improvement as presented to Council in the feasibility study was $2,428,700. The revised estimated total cost of the improvements is $2,361,900. The revised costs include approximately $60,500 for concrete walk replacements in Salo Park and approximately $174,600 for parking lot, sidewalk, and trail improvements within Silver Point Park not originally identified during the feasibility study. A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed Assessments for the 2024 Street Improvement Project This resolution declares the amount to be assessed to be approximately $701,900. A Resolution Calling a Hearing on the Proposed Assessments for the 2024 Street Improvement Project This resolution sets an assessment hearing to be held on April 23, 2024, at 7:00 pm. If you have any questions, I will be present at the March 26, 2024, Council Meeting to discuss with you or please call me at 612.282.3641. Sincerely, WSB Katie Koscielak Project Manager Attachments cc: Jeremy Gumke, City of St. Anthony Village Nicole Miller, City of St. Anthony Village Justin Messner, WSB KAK/kkp 87 3/20/2024 1 2024 Street Improvement Project CITY COUNCIL MEETING MARCH 26, 2024 Proposed Mill and Overlay Project Hilldale Avenue (Silver Lake Road to Rankin Road) 32nd Avenue NE (Silver Lake Road to Rankin Road) Roosevelt Street (34th Avenue NE to 37th Avenue NE) 35th Avenue NE (Stinson Boulevard to Harding Street) Edward Street (33rd Avenue NE to 35th Avenue NE) Harding Street (34th Avenue NE to 36th Avenue NE) Hilldale Avenue (Belden Drive to Silver Lake Road) 32nd Avenue NE (Edward Street e to Silver Lake Road) Edward Street (31st Avenue NE to 33rd Avenue NE) Belden Drive (32nd Avenue NE to 34th Avenue NE) 34th Avenue NE (Stinson Boulevard to Silver Lake Road) Wilson Street (30th Avenue NE to 32nd Avenue NE) Harding Street (30th Avenue NE to 31st Avenue NE) Roosevelt Avenue (31st Avenue NE to 33rd Avenue NE) Roosevelt Avenue (33rd Avenue NE to north terminus) St. Anthony Road (Roosevelt Street to Edward Street) Townview Avenue (Wilson Street to Silver Lake Road) 31st Avenue NE (Stinson Boulevard to Silver Lake Road) 88 3/20/2024 2 Proposed Thin Maintenance Overlay •31st Avenue NE (Silver Lake Road to Rankin Road) Location Salo Park •Concrete – Replace Cracked Panels 89 3/20/2024 3 Silver Point Park •Parking Lot – Mill and Overlay •Trail – Reclaim and Pave •Concrete – Replace Cracked Panels •Basketball Court – Remove and Replace 2024 Playground Replacement Bids Received – February 1, 2024 •Engineer’s Estimate $2,327,405.00 •11 Bids Received $2,024,956.77- $2,448,309.10 •Low Bid: North Valley Inc.$2,024,956.77 90 3/20/2024 4 Project Costs / Funding Breakdown 2024 STREET IMPROVEMENT PROJECT City of St. Anthony Village, Minnesota Funding Summary Proposed Improvements Assessments City Cost Total Total Mill and Overlay Improvements $701,900.00 $1,424,900.00 $2,126,800.00 Total Salo Park Improvements $60,500.00 $60,500.00 Total Silver Point Park Improvements $174,600.00 $174,600.00 Total Proposed Improvements $701,900.00 $1,660,000.00 $2,361,900.00 Project funding from Special Assessments and 429 Public Improvement Bonds •Council Authorizes Feasibility June 13, 2023 (1st of 8 Meetings) •Council Accepts Feasibility September 12, 2023 (2nd of 8 Meetings) •1st Public Informational Meeting October 11, 2023 (3rd of 8 Meetings) •Council Approves Plans November 28, 2023 (4th of 8 Meetings) •2nd Public Informational Meeting January 10, 2024 (5th of 8 Meetings) 8 Project Schedule 91 3/20/2024 5 •Open Bids / Compute Assessments February 1, 2024 (6th of 8 Meetings) •3rd Public Informational Meeting April 2024 (7th of 8 Meetings) •Public Hearing / Award Contract April 2024 (8th of 8 Meetings) •Award Sale of Bonds May 2024 •Begin Construction June 2024 •Substantial Completion September 2024 9 Project Schedule 10 Sign up to receive email and/or text message project status updates by visiting the project webpage located under Government then Projects on the City’s website at https://savmn.com Notifications / Project Updates 92 3/20/2024 6 11 Find additional information regarding street reconstruction projects for the City of St. Anthony, by visiting the “St. Anthony Village Reconstruction Process” Webpage located under How Do I…then Learn About on the City’s website at https://savmn.com Additional Information Questions 93 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-025 A RESOLUTION CALLING A HEARING FOR THE 2024 STREET IMPROVEMENT PROJECT WHEREAS,pursuant to direction of the City Council of the City of St. Anthony Village, a report has been prepared with reference to the improvements: Mill and Overlay Roosevelt Street Northeast from 37th Avenue Northeast to 34th Avenue Northeast Edward Street Northeast from 35th Avenue Northeast to 34th Avenue Northeast Harding Street Northeast from 36th Avenue Northeast to 34th Avenue Northeast 35th Avenue Northeast from Stinson Boulevard to Harding Street Northeast 34th Street Northeast from Stinson Boulevard to Silver Lake Road Roosevelt Court from 33rd Avenue Northeast to the cul-de-sac Belden Drive from 34th Avenue Northeast to 33rd Avenue Northeast Roosevelt Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Edward Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Wilson Street Northeast from 32nd Avenue Northeast to 30th Avenue Northeast Belden Drive from 33rd Avenue Northeast to 32nd Avenue Northeast Harding Street Northeast from 31st Avenue Northeast to 30th Avenue Northeast Hilldale Avenue Northeast from Belden Drive to Silver Lake Road 32nd Avenue Northeast from Edward Street Northeast to Silver Lake Road Townview Avenue from Wilson Street Northeast to Silver Lake Road 31st Avenue Northeast from Stinson Boulevard to Silver Lake Road Saint Anthony Road from Roosevelt Street Northeast to Edward Street Northeast Hilldale Avenue Northeast from Silver Lake Road to Rankin Road 32nd Avenue Northeast from Silver Lake Road to Rankin Road Miscellaneous Construction Salo Park o Remove and replace cracked concrete Silver Point Park o Mill and overlay parking lot o Remove and replace basketball court o Reclaim and pave trail o Remove and replace cracked concrete NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.)The Council will consider the improvement of such street and utilities in accordance with the report and the assessment of abutting property for a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvements of $2,361,900. 2.)A public hearing shall be held on such proposed improvements on the 23rd day of April 2024, in the Council Chambers of the City Hall at 7:00 P.M. or as soon thereafter as possible, and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. 94 K:\010507-000\Admin\Resolutions\Resolution 18-xxx - Hearing on Improvements.docx 3.)The City Clerk is hereby directed to cause a notice of the hearing on the proposed improvements to be published twice in the official newspaper at least one week apart and at least three days prior to the hearing. Adopted this 26th day of March, 2024. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 95 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-026 A RESOLUTION CALLING A HEARING ON THE PROPOSED ASSESSMENTS FOR THE 2024 STREET IMPROVEMENT PROJECT WHEREAS,by direction of the City Council of the City of St. Anthony Village, a proposed assessment of the cost of the following improvement has been prepared: Mill and Overlay Roosevelt Street Northeast from 37th Avenue Northeast to 34th Avenue Northeast Edward Street Northeast from 35th Avenue Northeast to 34th Avenue Northeast Harding Street Northeast from 36th Avenue Northeast to 34th Avenue Northeast 35th Avenue Northeast from Stinson Boulevard to Harding Street Northeast 34th Street Northeast from Stinson Boulevard to Silver Lake Road Roosevelt Court from 33rd Avenue Northeast to the cul-de-sac Belden Drive from 34th Avenue Northeast to 33rd Avenue Northeast Roosevelt Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Edward Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Wilson Street Northeast from 32nd Avenue Northeast to 30th Avenue Northeast Belden Drive from 33rd Avenue Northeast to 32nd Avenue Northeast Harding Street Northeast from 31st Avenue Northeast to 30th Avenue Northeast Hilldale Avenue Northeast from Belden Drive to Silver Lake Road 32nd Avenue Northeast from Edward Street Northeast to Silver Lake Road Townview Avenue from Wilson Street Northeast to Silver Lake Road 31st Avenue Northeast from Stinson Boulevard to Silver Lake Road Saint Anthony Road from Roosevelt Street Northeast to Edward Street Northeast Hilldale Avenue Northeast from Silver Lake Road to Rankin Road 32nd Avenue Northeast from Silver Lake Road to Rankin Road Miscellaneous Construction Salo Park o Remove and replace cracked concrete Silver Point Park o Mill and overlay parking lot o Remove and replace basketball court o Reclaim and pave trail o Remove and replace cracked concrete NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.)A hearing shall be held on the 23rd day of April 2024, in the City Council Chambers at 7:00 P.M., or as soon thereafter as possible, to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.)The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less two weeks prior to the hearing. 96 S:\1Council Meetings\2024\03262024\2024 Street Project\Resolution 24-xxx - Calling Assessment Hearing.docx 3.)The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid by November 30th of the assessed year. 4.)The owner may, at any time thereafter, pay to the Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December of the year in which such payment is made. Such payment must be made before November 30th or the interest will be charged through December 31st of the succeeding year. Adopted this 26th day of March, 2024. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 97 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-027 A RESOLUTION DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF THE PROPOSED ASSESSMENTS FOR THE 2024 STREET IMPROVEMENT PROJECT WHEREAS,costs have been determined for the improvement of: Mill and Overlay Roosevelt Street Northeast from 37th Avenue Northeast to 34th Avenue Northeast Edward Street Northeast from 35th Avenue Northeast to 34th Avenue Northeast Harding Street Northeast from 36th Avenue Northeast to 34th Avenue Northeast 35th Avenue Northeast from Stinson Boulevard to Harding Street Northeast 34th Street Northeast from Stinson Boulevard to Silver Lake Road Roosevelt Court from 33rd Avenue Northeast to the cul-de-sac Belden Drive from 34th Avenue Northeast to 33rd Avenue Northeast Roosevelt Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Edward Street Northeast from 33rd Avenue Northeast to 31st Avenue Northeast Wilson Street Northeast from 32nd Avenue Northeast to 30th Avenue Northeast Belden Drive from 33rd Avenue Northeast to 32nd Avenue Northeast Harding Street Northeast from 31st Avenue Northeast to 30th Avenue Northeast Hilldale Avenue Northeast from Belden Drive to Silver Lake Road 32nd Avenue Northeast from Edward Street Northeast to Silver Lake Road Townview Avenue from Wilson Street Northeast to Silver Lake Road 31st Avenue Northeast from Stinson Boulevard to Silver Lake Road Saint Anthony Road from Roosevelt Street Northeast to Edward Street Northeast Hilldale Avenue Northeast from Silver Lake Road to Rankin Road 32nd Avenue Northeast from Silver Lake Road to Rankin Road Miscellaneous Construction Salo Park o Remove and replace cracked concrete Silver Point Park o Mill and overlay parking lot o Remove and replace basketball court o Reclaim and pave trail o Remove and replace cracked concrete and the bid price for such an improvement is $2,024,956.77. The total cost of the improvement with contingencies, engineering, legal, and administrative fees will be approximately $2,361,900. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1.)The portion of the cost of the proposed 2024 Street Improvement Project to be paid by the City is hereby declared to be approximately $2,361,900 and the portion of the cost to be assessed against benefited property owners is declared to be approximately $701,900. 2.)Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in 2025, and shall bear interest at 98 K:\01626-660\Admin\Resolutions\Resolution 13-xxx - Order Preparation of Assessments.docx the rate of 2 percent (2%) above the City’s borrowing rate at the time the bonds are issued. 3.)The Consulting Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land within the district affected, without regard to cash valuation, as provided by law, and the City Clerk shall file a copy of such proposed assessment in the office for public inspection. 4.)The City Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted this 26th day of March, 2024. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager 99 THIS PAGE LEFT INTENTIONALLY BLANK 100 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – March 26, 2024 GC Project No.140.00 Request:General Code Amendments Property Address: NA Property PID:NA PROJECT DESCRIPTION The attached ordinance presents a series of proposed code amendments for the City Council’s second reading. Per the Council’s review and discussion of the material at the first reading, updates have been made to a few of the sections. Primarily, those comments included the following: Section 1. Nuisance Noise - The Council suggested that consistency within the ordinance’s noise limits is an appropriate objective, and that differentiation between noise sources (as suggested by the Planning Commission) was relevant, but consistency was relevant. As such, all hours of nuisance noise impacts were set to between 10:00pm and 7:00am. It is noted that the nuisance noise ordinance limitations of this section are enforced on a complaint basis, and unreasonable nuisance noise would continue to be a violation of Code. One exception was made for Refuse Hauling (Section V(2)b. of the Ordinance). This section specifies hours of 7:00am to 8:00pm, weekday or weekend/holiday, which is the time that is required by the City’s contract with its refuse haulers. Section 2. Landscape Screening – no changes. Section 3. Nuisance Storage – the exception in this section for front-yard seasonal residential recreational equipment was modified to reflect the 10:00pm to 7:00am limitations for both noise, and for lighting. Section 4. A new Section was inserted based on staff feedback, which incorporates a reference to the residential recreational equipment in the Nuisance Storage section to enhance the ability for users of the code to find relevant information. 101 March 26, 2024 Page 2 Section 5 (formerly 4). No changes. Section 6 (formerly 5). Rodent harborage prohibitions. This section was amended to provide clarification that intentional accumulations of vegetation for feeding of wild birds, and compost structures that comply with City Code, are exempt from the prohibitions of this section. Section 7 – 14 (formerly 6-13): No further changes. The code sections are summarized below as they were originally discussed with the Planning Commission. To assist in the Council’s discussion and review of the second reading, additions or changes to the first reading text are highlighted in yellow. CITY COUNCIL ACTION This is the second of three readings of the proposed ordinance. The Council is asked to comment on any elements of the language, and move the ordinance to its third and final reading, at which point the Council may adopt the Ordinance as it is presented or amended in final form. PRIOR PLANNING COMMISSION ACTION The Planning Commission considered the proposed elements of the Ordinance at a public hearing during its regular meeting on February 20, 2024. The Planning Commission discussed the various sections and noted that there was nobody from the public to comment on the amendments. Their discussion included comments in the staff report (reproduced below) noting potential policy or technical issues for review. The primary discussion related to the hours during which additional noise regulations were to be enforced (Section 1 of the proposed ordinance). The current ordinance has a variety of start and/or end times for a night-time quiet period. The draft ordinance proposed consolidating those times, regardless of noise source. The Commission’s discussion (and recommendation) altered the draft ordinance to retain the current 10:00p deadline for music-related sound, and also to retain the current distinction between weekday and weekend morning quiet times (retaining the current 9:00a.m. rather than modify it). The changes and/or discussion notes are added to the draft ordinance and highlighted for ease of interpretation. There were a few other clerical changes that were recommended, but which did not involve substantive language. The Planning Commission unanimously passed a recommendation to send the proposed ordinance to the City Council with changes to the proposed text as noted in the redline draft, attached. PROPOSED ORDINANCE SECTIONS Section 1. Consolidates a variety of limits for outdoor noise generation to a consistent time, requiring no excessive noise creation between 9:00pm and 7:00am. 102 March 26, 2024 Page 3 Section 2. Establishes a more quantifiable definition for landscape screening when it is required by either the Code or by Council action. Section 3. Deletes parking references from the Nuisance section (these parking requirements were updated and established as a separate section in a prior amendment, now codified as Section 152.179). Section 4. Creates a definition for “rodents”, which are then regulated in the subsequent sections. NOTE: the language was taken from other code examples – the Commission discussed the inclusion of chipmunks and squirrels in this list, and recommended no change. Section 5. Adds a prohibition on rodent harborage for Owner/Landlords. Section 6. Adds a prohibition on rodent harborage for renter/occupants. Section 7. Moves Nuisance Automobile language into a related public health nuisance section. Section 8. Adds a process requirement for Abandoned Sign removal (currently there is a definition and prohibition, but no specific consequence). Section 9. Adds an specific allowance for refuse container screening structures – now allowed in the front yard – to be constructed of prefabricated materials, rather than the prior inference that they be custom-built. Sections 10. and 11. Consolidates adult- and child-care centers a Conditional Uses in the C, Commercial and LI, Light Industrial Districts – current language is inconsistent. Sections 12. and 13. Adoption/Admin language. SUMMARY AND STAFF RECOMMENDATIONS As noted above, staff is requesting Planning Commission comment and action on this batch of code amendment updates. Please review and identify any questions or suggestions for discussion at the upcoming public hearing. ATTACHMENTS Exhibit A:Draft Ordinance 103 ORDINANCE 2024-01 ___ 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTIONS OF THE CITY CODE RELATING TO NUISANCE, SIGNAGE, PERMITTING, PERFORMANCE STANDARDS, AND LAND USE THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section §92.18 is hereby amended to read as follows: 92.18 Public nuisances affecting peace and safety (V)1 (d) Radios, phonographs, paging systems, and the like. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinct and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of 50 feet if the source is located outside a structure or building, shall be prima facie evidence of a violation of this section. (f) The using or operation or permitting the using or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for producing or reproduction of sound in a distinctly and loudly audible manner so as to disturb the peace, quiet, and comfort of any person nearby. Operation of any device referred to above between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be plainly audible at the property line of the structure or building in which it is located, or at a distance of 50 feet if the source is located outside a structure or building shall be prima facie evidence of violation of this section; (V)2 (a) Domestic power equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, drill, or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Snow removal equipment is exempt from this provision. (b) Refuse hauling. No person shall collect or remove garbage or refuse in any residential district except between the hours of 7:00 a.m. and 8:00 p.m. on any 104 ORDINANCE 2024-01 ___ 2 weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Section 2. Section §152.183 is hereby amended to add the following: 152.183 Screening (1) Screening may be accomplished with a wall, fence, berm, or other landscape feature, or plantings which will provide an opacity of 80% within 3 years of planting. Planting type and screen design are subject to Planning Commission review and City Council approval and shall meet the following criteria; a. Plant material centers shall not be located closer than three (3) feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the City Manager or designee. b. Where materials are planted for screening purposes in two (2) or more rows, plantings shall be staggered in rows or designed to provide maximum screening effect, unless otherwise approved by the City Manager or designee. c. Evergreen trees intended for screening shall be planted not more than fifteen (15) feet apart. d. Where massing of shrubs for screening is required, large deciduous shrubs shall be planted four (4) feet on center or closer, and/or, evergreen shrubs shall be planted three (3) feet on center or closer. The City Manager or designee may approve a different spacing if warranted for plant health and impact, based on species selected. (2) Screening is required on C or LI District property which abuts any property in a residential district. The City Council may require screening on R-4 District property which abuts R-1, R-1A, R-2, or R-3 District property. All exterior storage must be screened, except merchandise being displayed for sale or materials and equipment being used for construction on the premises. Section 3. Section §92.19 is hereby amended to read as follows: 92.19 NUISANCE PARKING AND STORAGE. (A) Declaration of nuisance. The outside parking and storage on residentially- zoned property of large numbers of vehicles and vehicles, materials, supplies, or equipment not customarily used for residential purposes in violation of the requirements set forth below is declared to be a public nuisance because it: (1) Obstructs views on streets and private property; (2) Creates cluttered and otherwise unsightly areas; Formatted: Highlight 105 ORDINANCE 2024-01 ___ 3 (3) Prevents the full use of residential streets for residential parking; (4) Introduces commercial advertising signs into areas where commercial advertising signs are otherwise prohibited; (5) Decreases adjoining landowners’ and occupants’ enjoyment of their property and neighborhood; and (6) Otherwise adversely affects property values and neighborhood patterns. (B) Unlawful parking and storage. (1) A person must not place, store, or allow the placement or storage of ice fish houses, skateboard ramps, playhouses, or other similar any nonpermanent structures or materials, unless expressly allowed by sections of this code, outside continuously for longer than 24 hours in the front-yard area of residential property unless more than 100 feet back from the front property line. (a) In R-1 and R-1A residential districts, accessory recreational uses, including appurtenant structures integral to the recreational use, may be located in a front yard, provided that: (i) The use is temporary or seasonal in nature, and does not include any permanent appurtenance, structure or building. (ii) The use does not create noise audible beyond the boundaries of the subject property, nor utilize additional lighting, between the hours of 10:00pm and 7:00am. (iii) Any such appurtenance, structure or building associated with the recreational use shall be set back from the property lines and/or right of way lines no less than five (5) feet. (iv) No appurtenance, structure, building, nor any light post or other element, may exceed ten (10) feet in height. (2) A person must not place, store, or allow the placement or storage of pipe, lumber, forms, steel, machinery, or similar materials, including, but not exclusive to, all materials used in connection with a business, outside on residential property, unless shielded from public view by an opaque cover or a fence. (3) A person shall not use and vehicle, as defined in Section 152.008, with the exception of an enclosed trailer, as a storage vessel for common household materials. A person must not cause, undertake, permit, or allow the outside parking and storage of vehicles on residential property unless it complies with the following requirements. (a) No more than 4 vehicles per lawful dwelling unit may be parked or stored anywhere outside on residential property, except as otherwise permitted or required by the city because of nonresidential characteristics of the property. This maximum number does not include vehicles of occasional guests who do not reside on the property. (b) Vehicles that are parked or stored outside in the front-yard area must be on a paved or graveled parking or driveway area. Formatted: Font color: Accent 3, Highlight Formatted: Highlight 106 ORDINANCE 2024-01 ___ 4 (c) Vehicles, watercraft, and other articles stored outside on residential property must be owned by a person who resides on that property. Students who are away at school for periods of time but still claim the property as their legal residence will be considered residents on the property. Section 4. Section 152.176 (A)1. is hereby amended to add the following: g. Accessory Recreational Uses may be allowed pursuant to the requirements of Section 92.19 (B)1.a. Section 5. Section 92.16 (E) is hereby amended to read as follows: (E) Accumulations of manure, refuse, or other debris, or materials capable of harboring rodents, which shall include the following undomesticated annimals: Chipmunks, Groundhogs/Woodchucks, Lemmings, Mice, Moles, Pocket Gophers, Rats, Shrews, Squirrels and Voles. This definition shall not be read to prohibit intentional accumulations of vegetative materials that are designed and maintained to provide natural food sources for wild birds, nor to prohibit compost structures which are constructed and located in accordance with applicable City Code; Section 6. Section 152.125(B) (Responsibilities of owner and landlord) is hereby amended to read as follows: (B) Cleanliness. Every owner of a rental dwelling is responsible for keeping that part of the premises which he or she occupies or controls in a clean, sanitary and safe condition, free of rodent harborage, as rodents are defined in the City Code related to nuisances, in conformance with this subchapter, applicable provisions of the city code and the International Property Maintenance Code, including any shared or common areas in a multiple family dwelling. Section 7. Section 152.126(B) (Responsibilities of occupant and renter) is hereby amended to read as follows: (B) Cleanliness. Every occupant of a rental dwelling is responsible for keeping his or her unit, and any part of the premises which he or she occupies of controls, in a clean, sanitary and safe condition, free of rodent harborage as rodents are defined in the City Code related to nuisances, in conformance with this subchapter, applicable provisions of the city code and the International Property Maintenance Code. Section 8. Section 92.20 A through Section 92.20 (C) are hereby renumbered and recodified as Section 92.16 (L) through Section 92.16 (N). Section 92.20 is hereby deleted in its entirety and labeled as reserved for future use. Section 9. Section 155.22 is hereby amended to add the following: 107 ORDINANCE 2024-01 ___ 5 (2) Abandoned Signs. Any sign which no longer advertises a bona fide business, or a product sold, or is otherwise considered an abandoned sign under this Section, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which sign may be found within 30 days after written notification from the Code Official. Upon failure to comply with such notice within the time specified in such order, the City Council may declare the sign to be a public nuisance, remove it, and assess the cost of removal to the property owner. Section 10. Section 150.090 is hereby amended to add the following: (D) Screening structures allowed in the front yard pursuant to Subsection (C) of this section may consist of prefabricated structures generally available from home improvement outlets, including those that may vary from the strict requirements of Subsection (C) provided they accomplish the intended screening effects. Section 11. Section 152.122 is hereby amended to read as follows: (P) Adult day-care centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730; or Commercial child daycare centers, licensed under M.S. Chapter 245A and Minn. Rules, section 9502 et seq. Section 12. Section 152.142 is hereby amended to read as follows: (G) Day-care center without drive-through facilities. Adult day-care centers, licensed under M.S. Chapter 245A, as it may be amended from time to time, and Minn. Rules, sections 9555.9600 through 9555.9730; or Commercial child daycare centers, licensed under M.S. Chapter 245A and Minn. Rules, section 9502 et seq. Section 13. 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 14. 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 ______, 2024. 108 ORDINANCE 2024-01 ___ 6 __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Nicole Miller, City Clerk AYES: NAYS: 109 THIS PAGE LEFT INTENTIONALLY BLANK 110  Date Type Staff Present April 9 Work Session Expiring TIF District Plan City Council City Manager April 9 Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 23 Regular Finance Annual Report Insurance Renewal & Tort Limits‐ Consent Road Improvements and Assessments‐ PUBLIC HEARING City Council City Manager Finance Director WSB April 30 Joint with  School Board City Council City Manager ISD282  School Board May 14 Work Session Discuss Debt Levy/Updated Street Improvement Plan City Council City Manager May 14 Regular Planning Commission items from April City Council City Manager May 28 Work Session Cannabis Dispensary City Council City Manager May 28 Regular Villager of the Year and Business of the Year City Council City Manager June 11 Work Session Initial Debt Levy Scenarios City Council City Manager Liquor Manager June 11 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2025 street project  City Council City Manager June 25 Regular Commissioner MaryJo McGuire Presentation Approval of 2025 debt levy‐PUBLIC HEARING City Council City Manager July 9 Work Session 2024 Initial Property Tax Levy Scenarios  City Council City Manager July 9 Regular Police Lieutenant Swearing‐In Police Sergeant Swearing‐In Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update Audit Report City Council City Manager Finance Director 2024 FUTURE COUNCIL AGENDA ITEMS 111  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS July 23 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 13 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager August 13 Regular Planning Commission items from July City Council City Manager August 20 Regular 2025 Proposed Budget & Levy Presentation City Council City Manager Finance Director September 10 Work Session City Facilities Discussion City Council City Manager City Planner September 10 Regular Planning Commission items from August 2024 Preliminary Operating Budget and Levy‐PUBLIC HEARING Students in Leadership‐Consent Approve 2025 Feasibility Study and Order Plans and Specs City Council City Manager Finance Director Engineer September 17 Joint Work Session Active Transportation Planning (Joint with Planning and PEC) City Council City Manager City Planner September 24 Regular Spirit of St. Anthony Award Fire Prevention Presentation Approve Union Contracts City Council City Manager Police Dept Fire Dept October 8 Work Session 2024 Long Term Capital Budget Plans City Council City Manager Finance Director October 8 Regular Preliminary Certification of Delinquent Waste Hauler Accounts‐Consent Agenda Preliminary Certification of Delinquent Utility Accounts‐Consent Agenda Planning Commission items from September City Council City Manager October 22 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director November 12 Work Session City Council City Manager November 12 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater‐PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director 112  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 18 Work Session Commission Interviews City Council City Manager November 26 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids Union Contracts City Council City Manager December 10 Work Session Council Onboarding City Council City Manager December 10 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy ‐PUBLIC HEARING 2025 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 25 Regular January 14 Work Session City Council City Manager January 14 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs‐Council Students in Government Presentation City Council City Manager January 28 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director February 11 Work Session City Council City Manager February 11 Regular Police Chief Swearing‐In Planning Commission items from January Public Hearing‐2025 Budget Calendar and Process 2025 Planning Commission Work Plan‐ (motion only) 2025 Parks and Environmental Commission Work Plan‐ (motion only) Administration Annual Report Liquor License Renewals (Consent Agenda) City Council City Manager Finance Director February 25 Work Session City Council City Manager 2025 113  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 25 Regular Water Conservation Poster Winners Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager March 11 Work Session City Council City Manager March 11 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 25 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments  City Council City Manager Police Dept WSB 114