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HomeMy WebLinkAboutCC PACKET 03252008CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA March 25, 2008 7.00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: I. Approval of the March 25, 2008, City Council Meeting Agenda, (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councitrnernber or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elw7ohere on the agenda. A. Approval of March 11, 2008, Council Meeting Minutes. (pp.1- 7) B. Licenses and Permits. (pp. 8 -10) C. Claims. (pp.11-13) IV. Public Hearing. V. Reports from Commission and Staff. A. Resolution 08-023; Variance to Fence Height for 2916 Silver Lake Court. Kim Goodwin, Planning Commission presenting. (pp. 14 -17) VI. General Business of Council. A. 2008 Goals - Richard Fursman, presenting. (pp. 18 - 30) B. Department Head Reports. 1. Police (booklet) 2. Fire (pp. 31- 36) C. Ordinance 08-001; Fire Code Ordinance. John Malenick, Fire Chief presenting (second reading) (pp. 37 - 49) D. Ordinance 08-002, Sign Ordinance. Kim Moore -Sykes, Assistant City Manager presenting. (first reading) (pp. 50 - 76) E. Ordinance 08-003; Housing Code Ordinance. John Malenick, Fire Chief presenting (first reading) (pp. 77 -105) F. Resolution 08-024; Adopting the Emergency Plan of the North Suburban Planning Group as the Emergency Plan for the City of St. Anthony. John Malenick, Fire Chief presenting. (pp. 106 - 108) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podhon, 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 tinge, but may typically refer the ruatter to staff for a future report or direct the matter to be scheduled on an apconaing agenda. IX. Information and Announcements. X. Adjournment. Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES March 11, 2008 CALL TO ORDER Mayor Pro Tem Thuesen called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Pro Tem Thuesen invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL Present: Mayor Pro Tem Thuesen; Council Members Roth, and Stille Absent: Mayor Faust and Councilmember Gray Also Present: City Manager Mike Morrison, Liquor Manager Mike Larson, Public Works Director Jay Hartman and Finance Director Roger Larson CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS: I. APPROVAL OF MARCID 11, 2008 CITY COUNCIL MEETING AGENDA Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City Council Meeting Agenda of March 11, 2008 as presented. Motion carried unanimously (3/0) II. PROCLAMATIONS AND RECOGNITIONS. None III. CONSENT AGENDA. A. Approval of February 12, 2008 Council Meeting Minutes B. Consideration of Licenses and Permits C. Consider payment of claims D. Resolution 08-018; Citv Manager's attendance at the International Citv Manager's Association (ICMA) conference in Richmond, VA E. Resolution 08-019; Approval of Agreements with Sports Boosters and School District #282 F. Resolution 08-020; Amending the 2008 Community Center Expenditure Budget G. Resolution 08-021; Approval of the Memorandum of Understanding with St. Anthony School District #282 for the 2008 Special Election Motion by Councilmember Roth, seconded by Councilmember Stille, to approve the Consent Agenda as presented. Motion carried unanimously (3/0) 11 City Council Regular Meeting Minutes March 11, 2008 Page 2 IV. PUBLIC HEARINGS 2 3 None 4 6 V. REPORTS FROM COUNCIL AND STAFF None 9 VI. GENERAL POLICY BUSINESS OF THE COUNCIL 10 I 1 A. Resolution 08-022; Calling for Public Hearing on Issuance of Bonds and the Street 12 Reconstruction Plan for Silver Lake Road 13 14 Ms. Stacie Kvilvang presented information regarding the calling of a public hearing on the 15 issuance of bonds and the Street Reconstruction Plan for Silver Lake Road. She reported the 16 hearing would be called for April 8, 2008. She reported the total costs are estimated to be 17 approximately $3.5 million and listed the sources of funding would be from the Chandler TIF, 18 SAC/WAC, the Storm Water Funds, and the Levy. Ms. Kvilvang pointed out that $1.2 million 19 of the project was funded in 2007 with existing City cash resources. She stated it is proposed 20 that the City issue a Street Reconstruction Bond in 2008 to pay for the remaining portion of the 21 project. 22 23 Ms. Kvilvang informed Council that the primary issues to consider include: 24 25 1. Can the City assess benefiting property owners for the project? 26 2. What is the proposed financing mechanism for the remaining project costs? 27 3. How does this type of financing differ from the City's typical way of financing street 28 reconstruction projects? 29 4. What is the timeline/process for the issuance of the bonds? 30 31 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 08- 32 022, a Resolution Calling for Public Hearing on the Intention to Issue General Obligation 33 Capital Improvement Plan Bonds and the Proposal to Adopt a Capital Improvement Plan 34 therefore. 35 Motion carried unanimously (3/0) 36 37 B. Ordinance 08-001; Amending Section 315.05 and 1325 Relating to Fire Code 38 39 Mr. Don Drusch, Assistant Fire Chief, explained that the proposed amendments to the Fire Code 40 are intended to ensure conformance to the current Minnesota State Fire Code. 41 42 Mayor Pro Tem Thuesen requested Mr. Drusch expand on the definition of an open fire and the 43 process for this. 44 45 Mr. Drusch replied that an open fire is addressed in the amendment to allow open campfire 46 burning in back yards with restrictions and in parks for clean up purposes. He stated a yearly 2 City Council Regular Meeting Minutes March 11, 2008 Page 3 permit would be required, rather than requesting a permit for each time a homeowner would like to have a campfire in their back yard. Councilmember Stille questioned whether the permit would be seasonal. Mr. Drusch replied the permit would be active for one year. He stated specific standards to ensure safety and air quality index standards are met would apply. 9 Councilmember Roth questioned the expiration time under the current process. 10 11 Mr. Drusch replied an individual would need to call each time a campfire was planned. 12 13 Councilmember Roth commented this would put more responsibility onto the homeowner. He 14 questioned whether this would open up liability to the City should property damage result from 15 a campfire. 16 17 Mr. Drusch replied the City Attorney would need to answer the liability question. He stated the 18 experience of the St. Anthony Fire Department is there have not been any problems. 19 20 City Manager Morrison commented the forms include the responsibility issue notification to the 21 applicant. 22 23 Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Ordinance 08- 24 001, Amending Section 315.05 and 1325 relating to the Fire Code to include additional 25 language on the fines. 26 Motion carried unanimously (3/0) 27 28 C. 2007 Department Head Reports 29 30 1. Liquor Operations 31 32 Mr. Mike Larson, Liquor Store Manager, presented the 2007 St. Anthony Village Liquor 33 Operations Annual Report. 34 35 Councilmember Roth questioned what the impact the new liquor store in Columbia Heights 36 would have on sales. 37 38 Mr. Larson replied this store has opened and has not affected sales. 39 40 Councilmember Roth questioned whether on-line liquor sales were considered. 41 42 Mr. Larson replied he did not believe this is something the City would want to be a part of 43 44 Councilmember Stille complimented the Liquor Operations on the continuity with their mission 45 statement. He stated that it is a very professional ran operation and congratulated Mr. Larson on 46 another great year. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes March 11, 2008 Page 4 Mayor Pro Tem Thuesen questioned whether residual business resulted due to the Village Pub. Mr. Larson replied he believes there has been more business from the Village Pub than firom the Stone House. Mayor Pro Tem Thuesen questioned whether he had a sense of sales after the collapse of the 135W Bridge and the development of Silver Lake Village. Mr. Larson replied the sales still grew. He explained the impact of the business plan changes and looked forward to the 135W bridge completion. 2. Public Works Public Works Director Hartman reported on the 2007 accomplishments, maintenance activities, the projects scheduled for 2008, plans for beyond 2008 and upcoming events. Councilmember Stille talked about the MWMO and the annual workshop that is held at St. Anthony regarding salt and sanding. He questioned if the St. Anthony has implemented these techniques in their salt and sanding applications. Mr. Hartman stated that 2008 was the third year we have hosted the Salt and Sanding seminar sponsored by MWMO. This seminar demonstrates the proper salt and sand applications for streets, parking lots and sidewalks. He indicated that St. Anthony has implemented these applications and monitor salt and sanding applications. Mayor Pro Tem Thuesen inquired about the amount of main breaks and has this number decreased with the street improvements that we have done. Mr. Hartman indicated this year St. Anthony experienced a high number of water main breaks and this could be possible due the extreme temperatures. Mayor Pro Tem Thuesen stated that Public Works is the department that typically is over looked and the council appreciates all they do for the city. 3. Finance Finance Director Roger Larson presented the 2007 Finance Report. Councilmember Stille commented the 1/I was $71,000 under budget. Finance Director Larson replied the large spikes in costs were caused by extreme rain events and now we are seeing these spikes level off. He believes the UI program is working. Councilmember Stille questioned whether the debt had fixed rates. 0 City Council Regular Meeting Minutes March 11, 2008 Page 5 1 Finance Director Larson replied they are all 15 year fixed rates. 2 3 Finance Director Larson commented that two requirements looming in the future include the 4 GASB 45, which would be implemented in 2009, and the SAS requirements that would focus 5 more on internal controls which will be implemented this audit year. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Mayor Pro Tem Thuesen thanked Mr. Larson for his informative presentation and indicted with this information it assists the council in making informative decisions. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS City Manager Mornson reported the next meeting would include the Public Safety portion which includes Police and Fire. City Manager Mornson reported he would conduct two Junior Achievement classes between March 4, and April 18, 2008, City Manager Mornson reported St. Anthony received public acknowledgement from the MMBA President, and was recognized during a training session. City Manager Mornson reported the Health Fair will occur on April 4, 2008 from 10:00 a.m. to 2:00 p.m. He stated this event is hosted by the Kiwanis in conjunction with the Senior Citizens, and the St. Anthony Police and Fire Departments. City Manager Mornson reported the Historical Society would hold an open house on April 5 from 1:00 to 4:00 p.m. City Manager Mornson reported the Silver Lake Road Open House would be held on March 31, 2008 from 6:30 to 8:00 p.m. City Manager Mornson reported that Salo Park would be nominated for the Minnesota Society of Landscape Architects Award by Bonestroo. City Manager Mornson reported he, Councilmember Gray and Kim Moore -Sykes met with the North Suburban Cable Commission on March 6, 2008 to discuss the franchise expiration. City Manager Mornson reported the MWMO interviewed four Construction Management Firms on February 26, 2008. City Manager Mornson reported the Joint Meeting with the Planning Commission will occur on March 18, 2008 at 5:30 p.m. Councilmember Stille reported the Sister City Board met on February 9, 2008. He stated an invitation was received from Salo inviting City Officials to a 2009 Summit to discuss community issues. He stated council members from Salo would visit in June, 2008. 5 City Council Regular Meeting Minutes March 11, 2008 Page 6 1 Mayor Pro Tem Thuesen reported the City Council met with the Park Commission on March 10, 2 2008. He stated opportunities to upgrade Emerald Park were discussed. 4 VIII. COMMUNITY FORUM 6 7 9 10 11 IX. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 X. 38 39 40 41 XI. 42 43 44 45 46 Mayor Pro Tem Thuesen invited residents to come forward at this time and address the Council on items that are not on the regular agenda. There being none, Mayor Pro Tem Thuesen continued with the agenda. INFORMATION AND ANNOUNCEMENTS Mayor Pro Tem Thuesen reported the St. Anthony Library would feature an exhibit from the Museum of Russian Art. Mayor Pro Tem Thuesen reported that on April 28, 2008, Ms Elaine Davis, St. Cloud University, author of MN 13. This book is the history of the Prohibition Years in Stearns County. Mayor Pro Tem Thuesen reported a Big Band Concert would be held at the St. Anthony High School Auditorium on April 14, 2008 from 1:30 to 4:00 p.m. Mayor Pro Tem Thuesen reported free verbal appraisals of personal antiques would be available during the Historical Society open house on April 5, 2008. City Manager Mornson reported the 2008 Goals would be presented at the March 25, 2008 meeting. City Manager Mornson reported that the League of Cities Conference at the Capital is on April 10, 2008. City Manager Mornson reported that the St. Anthony Chamber Annual Dinner would be held on April 17, 2008. City Manager Mornson reported the next joint meeting with school board would be held on April 29, 2008. MISCELLANEOUS INFORMATIONAL DOCUMENTS None. ADJOURNMENT Mayor Pro Tem Thuesen reported adjourned the meeting at 8:45 p.m. 2 0 City Council Regular Meeting Minutes March 11, 2008 Page 7 Respectfully submitted, Dianna Wise TimeSaver Off Site Secretarial, Inc. Mayor ATTEST: 10 City Clerk 11 Saint Anthony Village DATE: March 25, 2008 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Asphalt Driveway, Maplewood, MN Lawrence Sign, St. Paul, MN heating & Air Conditioning License: Aur Mechanical, Ham Lake, MN Cronstrom One Flour Heating & Air, St. Louis Park, MN Dependable Indoor Air Quality, Coon Rapids, MN Fore Mechanical, Blaine, MN 3.2 Beer Off Sale License: Applicant: Cub Foods 431274 Location: 3930 Silver Lake Rd Applicant: Freedom Valu Centers 464 Location: 3810 Silver Lake Rd Bench License: Applicant: U.S. Bench Location: 3300 Snelling Ave, Minneapolis, MN Cigarette/Tobacco Products License: Applicant: Freedom Valu Centers #64 Location: 3810 Silver Lake Rd Applicant: Mini Mart Location: 3259 Stinson Blvd Applicant: Murphy's Service Center Location: 350129"' Ave Applicant: Walgreen #6735 Location: 3700 Silver Lake Rd Garbage Haulers License: Applicant: Ace Solid Waste Location: 6601 Mckinley St, Ramsey, MN Applicant: Allied Waste Services of North America (BRI) Location; 8661 Rendova St, Circle Pines, MN Applicant: Waste Management of Minnesota Location: 10050 Naples St, Blaine, MN Service Station License: Applicant: Freedom Valu Centers #64 Location: 3810 Silver Lake Rd Applicant: Mini Mart Location: 3259 Stinson Blvd Applicant: Murphy's Service Center Location: 350129"' Ave Applicant: St. Anthony Mobil Location: 2800 Kenzie Ter Applicant: St. Anthony Service Location: 2700 Kenzie Ter Vending License: Applicant: DRS Snacks Location: 2401 Lowry Ave Applicant: Hollywood Video #300009 Location: 3930 Silver Lake Rd Applicant: Redbox Automated Retail Location: 3800 Silver Lake Rd Applicant: Redbox Automated Retail Location: 3930 Silver Lake Rd Applicant: Royal Vending Location: 3301 Silver Lake Rd Applicant: Redbox Automated Retail Location: 3800 Silver Lake Rd w Applicant: Wal-Mart Store #3404 Location: 3800 Silver Lake Rd 10 U.S. BANK ST. ANTHONY VILLAGE 11 CHECK REGISTER VENDOR# PAYEE CHECK# DATE AMOUNT 1360 A & C SMALL ENGINE 5915 3/26/2008 $437.91 8964 ACCLAIM BENEFITS 5916 3/26/2008 $142.00 4779 ALCORN BEVERAGE CO, INC 5917 3/26/2008 $285.60 8621 ALLIANCE MECHANICAL 5918 3/26/2008 $1,674.00 8945 ANCOM TECHNICAL CENTER 5919 3/26/2008 $104.50 7835 ARCH WIRELESS-METROCALL 5920 3/26/2008 $23.59 8794 ARCTIC GLACIER INC. 5921 3/26/2008 $225.19 4687 ASPEN WASTE SYSTEMS INC 5922 3/26/2008 $60.05 8511 AT&T MOBILITY 5923 3/26/2008 $58.00 7048 BARTON SAND AND GRAVEL 5924 3/26/2008 $538.65 4293 BELLBOY CORP. 5925 3/26/2008 $9,266.06 4662 BOURGET IMPORTS 5926 3/26/2008 $1,478.00 7168 BOYER FORD TRUCKS, INC. 5927 3/26/2008 $26.36 9148 BRW ENTERPRISES 5928 3/26/2008 $180.00 4231 CAPITOL BEVERAGE SALES 5929 3/26/2008 $19,729.97 9100 CAT & FIDDLE BEVERAGE 5930 3/26/2008 $992.00 610 CATCO 5931 3/26/2008 $128.68 2380 CENTERPOINT ENERGY 5932 3/26/2008 $13,356.72 4080 CHISAGO LAKES DIST. CO., 5933 3/26/2008 $2,866.80 9056 CITY OF ROSEVILLE 5934 3/26/2008 $2,622.58 4095 COCA COLA BOTTLING COMPA 5935 3/26/2008 $1,42.4.25 4101 COMMERS CONDITIONED WATE 5936 3/26/2.008 $127.80 815 COTRONEO/DOMINIC 5937 3/26/2008 $45.13 8831 DENNY HECKER'S ROSEDALE 5938 3/26/2008 $1.96 8219 DEX MEDIA EAST 5939 3/26/2008 $74.10 8411 DRIVER & VEHICLE SERVICE 5940 3/26/2008 $18.25 8921 DYNAMEX 5941 3/26/2008 $50.02 9571 EIDE 5942 3/26/2008 $84.56 .0148 ERNST/RICHARD 5943 3/26/2008 $165.00 .0149 EVERHART/KELLY & MARK 5944 3/26/2008 $64.00 9395 FACTORY MOTOR PARTS CO 5945 3/26/2008 $76.37 9245 FERRELLGAS 5946 3/26/2008 $52.10 9021 FOURTH JUDICIAL DISTRICT 5947 3/26/2008 $352.53 8647 FRATTALLONE'S HARDWARE 5948 3/26/2008 $27.23 9055 FREEWAY TOWING 5949 3/26/2008 $271.59 9236 FSH COMMUNICATIONS 5950 3/26/2008 $63.90 1030 G & K SERVICES INC 5951 3/26/2008 $768.50 1110 GENERAL INDUSTRIAL SUPPL 5952 3/26/2008 $85.63 1180 GOODIN COMPANY 5953 3/26/2008 $349.23 1250 GRAINGER 5954 3/26/2008 $59.25 9102 GRAND PERE WINES, INC 5955 3/26/2008 $1,029.00 4172 GRAPE BEGINNINGS, INC. 5956 3/26/2008 $2,245.05 4175 GRIGGS COOPER & CO INC 5957 3/26/2008 $40,253.30 1420 HAWKINS, INC 5958 3/26/2008 $4,585.89 8813 HEALTHPARTNERS 5959 3/26/2008 $12,104.61 1505 HENNEPIN COUNTY SHERIFF 5960 3/26/2008 $847.56 9494 HIGHWAY TECHNOLOGIES, IN 5961 3/26/2008 $107.04 4207 HOHENSTEIN'S, INC 5962 3/26/2008 $1,841.05 8252 HOME DEPOT CREDIT SERVIC 5963 3/26/2008 $63.97 8658 INSTRUMENTAL RESEARCH, 1 5964 3/26/2008 $85.50 U.S. BANK ST. ANTHONY VILLAGE 12 CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 4125 JJ TAYLOR DISTRIBUTING 5965 3/26/2008 $22,267.68 4220 JOHNSON BROTHERS LIQUOR 5966 3/26/2008 $14,889.06 .0015 JOHNSTON/DAVID & CRYSTAL 5967 3/26/2008 $50.00 7143 LARSON/ROGER A 5968 3/26/2008 $64.57 8434 LEAGUE OF MINNESOTA CITI 5969 3/26/2008 $1,400.00 2040 LILLIE SUBURBAN NEWSPAPE 5970 3/26/2008 $15.00 8229 LOFFLER BUSINESS SYSTEMS 5971 3/26/2008 $676.40 9333 LOWRY CENTRAL BOWLER & 5972 3/26/2008 $90.00 9114 M. AMUNDSON LLP 5973 3/26/2008 $673.25 4265 MARK VII SALES INC 5974 3/26/2008 $78.50 8263 MCLEOD USA, INC. 5975 3/26/2008 $126.65 9566 MFSCB 5976 3/26/2008 $360.00 2280 MIDWEST ASPHALT CORP 5977 3/26/2008 $88.82 9195 MISTER CAR WASH 5978 3/26/2008 $182.49 9572 MONTICELLO FORD 5979 3/26/2008 $66,157.00 9573 MOORE MEDICAL 5980 3/26/2008 $35.99 4299 MPLS. OXYGEN CO. 5981 3/26/2008 $8.76 5232 MURPHY'S SERVICE CENTER 5982 3/26/2008 $25.60 8883 NEW FRANCE WINE COMPANY 5983 3/26/2008 $374.50 .0151 NORD/JOHN & LAEL 5984 3/26/2008 $50.00 5176 NORTH SUBURBAN COMMUNICA 5985 3/26/2008 $21,413.84 4334 NORTHEASTER 5986 3/26/2008 $546.00 9266 NORTHERN WATER WORKS SUP 5987 3/26/2008 $1,210.40 45 OFFICE DEPOT 5988 3/26/2008 $313.13 1230 ONE CALL CONCEPTS, INC. 5989 3/26/2008 $63.95 8528 PACE ANALYTICAL SERVICES 5990 3/26/2008 $190.00 9275 PAT KERNS WINE MERCHANTS 5991 3/26/2008 $1,413.00 4354 PAUSTIS & SONS 5992 3/26/2008 $2,745.51 .0152 PETERSON/NATHAN 5993 3/26/2008 $50.00 9563 PETTY CASH - U.S. BANK 5994 3/26/2008 $172.86 4360 PHILLIPS WINE & SPIRITS 5995 3/26/2008 $14,399.29 4385 QUALITY WINE CO 5996 3/26/2008 $17,175.89 4492 QWEST 5997 3/26/2008 $688.43 9119 RECHECK 5998 3/26/2008 $30.00 9356 REGIONS INTERSTATE BILLI 5999 3/26/2008 $81.57 4133 SALUD AMERICA 6000 3/26/2008 $887.00 9182 SAM'S CLUB 6001 3/26/2008 $169.83 9127 SIMPLEXGRINNELL 6002 3/26/2008 $450.60 8983 SOULO DESIGN, INC 6003 3/26/2008 $562.50 2420 STAR TRIBUNE 6004 3/26/2008 $450.00 8872 SUCIU/BARB 6005 3/26/2008 $191.06 8470 SUN NEWSPAPERS 6006 3/26/2008 $1,770.00 4780 SURLY BREWING CO 6007 3/26/2008 $430.00 9296 T -MOBILE 6008 3/26/2008 $239.92 9276 TASER INTERNATIONAL 6009 3/26/2008 $190.00 9264 TAUTGES REDPATH, LTD. 6010 3/26/2008 $3,000.00 7337 TIMESAVER OFF SITE SECRE 6011 3/26/2008 $245.00 8907 TOUSLEY FORD 6012 3/26/2008 $36.90 3560 TRACY PRINTING 6013 3/26/2008 $312.05 7196 TRANSPORTATION SUPPLIES 6014 3/26/2008 $36.43 8824 TRI -COUNTY BEVERAGE, INC 6015 3/26/2008 $832.30 U.S. BANK ST. ANTHONY VILLAGE 13 CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 8859 U.S. BANK 6016 3/26/2008 $83,935.00 8010 UNIFORMS UNLIMITED 6017 3/26/2008 $1,251.33 8336 UNITED ELECTRIC COMPANY 6018 3/26/2008 $45.52 8561 UNITED RENTALS NORTHWEST 6019 3/26/2008 $188.60 8443 UNIVERSITY OF MINNESOTA 6020 3/26/2008 $85.00 4490 VAL-PAK OF MINNESOTA 6021 3/26/2008 $740.00 8227 VERIZON WIRELESS 6022 3/26/2008 $196.04 3698 VIKING ELECTRIC SUPPLY 6023 3/26/2008 $74.12 4451 VINOCOPIA 6024 3/26/2008 $1,303.99 9366 WAL-MART BUSINESS CENTER 6025 3/26/2008 $36.76 4494 WASTE MANAGEMENT - BLAIN 6026 3/26/2008 $431.11 8316 WINE COMPANY/THE 6027 3/26/2008 $601.75 8310 WINE MERCHANTS INC 6028 3/26/2008 $2,159.65 9364 WIRELESS WORLD 6029 3/26/2008 $143.77 4499 WORLD CLASS WINES, INC. 6030 3/26/2008 $132.00 2680 XCEL ENERGY 6031 3/26/2008 $7,061.46 830 ZEE MEDICAL SERVICE 6032 3/26/2008 $18.74 3840 ZEP MFG COMPANY 6033 3/26/2008 $87.93 TOTAL $397,925.53 4 STAFF REPORT To: City Council Report No.: From: Kim Moore -Sykes, Assistant City Manager Date: March 25, 2008 Subject: 2916 Silver Lake Court — Fence Height Variance Requested Action: Variance to Fence 1 -Leight of two (2) feet Date Application Received: January 8, 2008 Property Address: 2916 Silver Lake Court Zoning District: R1 -A 60 -Day Expires: March 7, 2008 Waiver Letter Required: Yes X Date Sent: January 16, 2008 No Planning Commission: Approval of Variance Request Council Action: Approval or Denial of Variance Request Background: The owners of 2916 Silver Lake Court, I.'orrie and Dave Johnson, contacted Staff requesting a two (2) -foot variance to the City's ordinance Chapter 13, Section 1320.03, Subd. 3. Fence Size, that restricts the height of fences at the building setback or behind to six (6) feet. They indicated to Staff that the current fencing along the rear property line is seven (7) feet in height and is in need of repair. They would like to replace it with an eight (8) foot fence so that it is similar height to their northeast neighbor's fence, which abuts this portion of their fence. The Johnsons report that their property backs up to and is in close proximity to Silver Lake Road. They feel that without a taller fence, the traffic and street lights from Silver Lake Road will be disruptive to the enjoyment of their property. They also report that their neighbor has an eight (8) foot fence for the same reg sons. Application Review: Staff received a completed application, appropriate fees and a written statement from the Johnson stating the situation and the hardship associated with their request for a variance to the City's Code of Ordinances. Also submitted as part of the application packet is a copy of a street map of the area and an aerial photo, both showing the subject property's proximity to Silver Lake Road. The Johnsons included bids from two companies for the sixty-two (62) foot length of back fence Analysis. A variance is required because the property owner is planning to remove the seven (7) -foot fence and replace it with a solid wood, eight (8) -foot privacy fence. The current fence is higher than what is allowed by the City Ordinance and apparently existed as a non -conforming fence as there is no permit for its construction in the property file. staff 2916 silver lake court Section 1665.06 of the City Ordinance outlines the requirements that must be addressed to qualify for a variance 15 and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence presented supports the following facts: Strict enforcement would cause undue hardship because: The property cannot be put to a reasonable use without the variance. The Johnsons propose to replace the fence with a fence that will continue to act as a barrier to vehicular noise and street lights, maintaining their property values and to continue the City's goal of keeping housing stock that is safe and livable. The circumstances causing the hardship were not created by the owner. The current house was built in 1965, at a time when there were less traffic on Silver Lake Road. The seven -foot fence was in existence at the time the Johnsons purchased the property. The variance, if granted, will not alter the essential characteristics of the locality. Rebuilding the fence to eight feet high will not be a detriment to the neighborhood and will more in keeping with the essential characteristics of the area. The Johnsons have reported that their neighbor to the northeast has an eight (8) foot fence and again, their seven -foot fence has been in place for several years. Economic considerations alone ate not the basis of -the hardship. While the variance if approved, would maintain the value of this property, it is not the only consideration for the property owners. They have expressed a need to have a privacy fence that would reduce the amount of noise and light impacting the enjoyment of their property. The circumstances causing the hardship are unique to the individual lot. The lot is an interior, residential lot built adjacent to Silver Lake Road in 1965 with the current owners purchasing the property in 2004. The Johnsons propose to replace the fence because it is in need of repair and they would like to replace it with a similar fence to their neighbor. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health, safety and general welfare of the City and its people. By granting this variance, the Johnsons will be able to install an eight foot fence that will provide some level of protection from the noise from the traffic on Silver Lake Road and light shed from the street lights. By granting this variance, the Johnsons feel they will have their general welfare secured. Action: Pass a recommend to Council to approve or deny the two -foot variance request to the City's Fence Height Ordinance based on the findings of fact as derived from information presented by the applicants and Staff. Communications: Staff received one phone call asking about this variance application process. The caller stated he had no concerns about the installation of the fence. Attachments: • Resolution staff 2916 silver lake court W CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-023 A RESOLUTION FOR A VARIANCE FOR FENCE HEIGHT OF TWO (2) FEET FOR 2916 SILVER LAKE COURT WHEREAS, the St. Anthony Planning Commission held a public hearing on March 18, 2008, regarding a request for a two (2) foot variance for fence height for 2916 Silver Lake Court; and WHEREAS, staff presented a Staff Report that provided information regarding the variance request and the subject property as received from the property owners; and WHEREAS, staff also presented the Planning Commission with Findings of Fact for their review and consideration; and WHEREAS, the Findings of Fact state: 1. The variance. if granted. will not alter the essential characteristics of the locality. Rebuilding the fence to eight (8) feet will not be a detriment to the neighborhood and will more in keeping with the essential characteristics of the area. The Johnsons have reported that their neighbor to the northeast has an eight (8) foot fence. The Johnsons stated that their seven -foot fence has been in place for several years. 2. The property cannot be put to a reasonable use without the variance. The Johnsons propose to replace the fence with a fence that will continue to act as a barrier to vehicular noise and lights from the commercial properties on the east side of Silver Lake Road, which are outside the corporate boundaries of the City of St. Anthony, therefore not subject to the City's ordinances. Allowing the variance to fence height will maintain their property values and continue the City's goal of keeping housing stock that is safe and livable. 3. The circumstances causing the hardship were not created by the owner. The current house was built in 1965, at a time when there were less traffic on Silver Lake Road. Mr. Johnson reported that it seems that there is more truck traffic, perhaps due to the commercial redevelopment of the former Apache Plaza site. It was also noted that the commercial properties on the east side of Silver Lake Road are in the neighboring community of New Brighton and are not subject to regulation by St. Anthony. Staff noted that the seven -foot fence was in existence at the time the Johnsons purchased the property in 2004. 4. Economic considerations alone are not the basis of the hardship. While the variance if approved, would maintain the value of this property, it is not the only consideration for the property owners. They have expressed a need to Z:\Council Meetings\2008\03252008\res2916 Silver Lake Court.doc 17 have a privacy fence that would reduce the amount of noise and lighting impacting the enjoyment of their properly. 5. 'The circumstances causing the hardship are unique to the individual lot. The lot is an interior, residential lot built adjacent to Silver Lake Road in 1965 with the current owners purchasing the property in 2004. The Johnsons propose to replace the fence because it is in need of repair and they would like to replace it with a similar fence to their neighbor. 6. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code was adopted to protect the health, safety and general welfare of the City and its residents. By granting this variance, the Johnsons will be able to install an eight (8) foot fence that will provide some level of protection from the noise created by the traffic on Silver Lake Road and light shed from the commercial properties on the east side of Silver Lake Road. By granting this variance, the Johnsons feel they will have an improved enjoyment of their property. NOW, THEREFORE BE IT RESOLVED, the Planning Commission recommends to the City Council approve a variance of two (2) feet for fence height for 2916 Silver Lake Court. Adopted this 25th day of March, 2008. ATTEST: Mayor City Clerk Review for Administration: City Manager Z:\Council Meetings\2008\03252008\res2916 Silver Lake Court.doc St. Anthony Village Strategic Planning Retreat January 10 — 11, 2008 19 Considerable time and debate was given to the task of updating statements about the values, vision, and mission of the City. The group wanted the Core Values to reflect some of the important dynamics of the community that were being acting on for some time. The City is conscious of the need to be environmentally responsible and progressive and the group wanted that reflected. There is a great respect and concern for the role formal and informal education plays in the quality of life for St. Anthony residents. Also, a key to the success of the governing body has been and continues to be the transparency of its actions. Our Core Values ❖ Community ❖ Communications and feedback •S Collaboration ❖ Resident focus ❖ Safe and secure neighborhoods :• The feel of a village ❖ Fiscal responsibility ❖ Environmentally Progressive & Responsible •S Respect education and diversity :+ Transparency in actions (Jur Vision Saint Anthony is a vibrant community that values our unique environment, our fiscal soundness and a tradition of being a desirable city in which to live, work, learn and play. The vision statement was tweaked to reflect a new emphasis coming out of the core values. Our Mission Our Mission is to be a progressive and livable community, a walkable Village which is safe and secure. The mission statement review produced a lengthy discussion aimed at the appropriateness of having the term walkable included. The discussion included the idea that it might be too specific and should be dropped, to a term that is becoming part of the City's grand.' The consensus of the participants was to leave it in. -1- 20 2007 Accomplishments The group broke into small groups of 4 and did a quick, 3 minute review of accomplishments that were not necessarily related to specific goals for 2007. The following is a list of some of the accomplishments: ✓ Change in Banking Relationship ✓ Completed Comp Plan ✓ Emerald Park Design Completed ✓ Continuation of Sister City ✓ Historical Society Board Established ✓ Lease with School Keys to Accomplishments: ✓ Qualified Replacement for Accounting Tech Participants working in small groups were ✓ Seal Coat walking paths asked to name the top three keys leading to ✓ Liquor Operations Revenue up the accomplishments: The four groups New Equipment for Council Chambers came up with the following keys: ✓ Concrete vs. Asphalt Task Force Study Great Election . Leadership of council and staff (4 o Roth in council groups) ✓ I&I /AMR Water Meter Replacements • Teamwork and Cooperation (4 ✓ Silver Lake Road. Projects Groups) ✓ NIMS Training • Commitment to Vision (3 Groups) ✓ Lauderdale Police Contract • Resources (1 group) ✓ Johnson Controls Contract for Energy Audit ✓ Lift Station Brown Water 3 Clear ✓ Environmental Awareness ✓ CIP ✓ Sidewalk Lighting ✓ NE Diagonal Trail Access Connection ✓ GIS ✓ Single Sort Recycle ✓ Vital Aging Council ✓ Re- codification of and Adherence to, City Code ✓ GFOA Certificate of Excellence ✓ Problem Properties Cleared ✓ Planning Commission/Park Commission joint meeting with City Council -2- SWOT Analysis 21 The group conducted an analysis of the Strengths, Weaknesses, Opportunities and Threats (SWOT) impacting St. Anthony. The activity was conducted in small groups with each group reporting the results. The participants then had an opportunity to rate each item as to importance. The following recap of each section is reported in order of most significant to least. Strengths ❖ Strong Public Safety (11) ❖ Location of City in Metro Area (8) Vibrant Schools (8) •3 Strong Intergovernmental Relations (8) ❖ Fiscal Strength (7) Infrastructure (5) ❖ Strong City Employees (5) • Liquor Operations (4) ❖ Newer Municipal Facilities (4) ❖ Well Maintained Community (3) •S Oreat Park System (3) ❖ Excellent City Services (3) Community Cooperation (2) Visionary Elected and Appointed Officials (1) •A Civic Minded Public (1) ❖ City's Bond Rating (1) Senior Assistance (1) d• Walkable and Welcoming •3 Right Sized Community Political Capitol d• Political Wilt to do the Right Thing d• Newer Commercial District Community Celebrations Civic Organizations Sidewalks •3 Educated Public d• Low Crime Rate d• Sound Housing and Business Environment ❖ City Contracts with other communities (such as police, mutual aid) • Library Community Support •3 Community Feel -3- 22 Weaknesses d• Aging Schools Competing for Community Resources (12) Aging Business Center (9) ❖ Fully Developed City (No room for tax base growth) (9) ❖ Manufactured Home Park (8) ❖ Housing Stock - no maintenance code (5) ❖ Technology I -Net Coverage (no fiber) (4) ❖ Cell Phone Coverage (4) •3 Aging Community (3) •3 Condition of Silver Lake (3) ❖ Blight (2) ❖ City does not own Golf Course (2) ❖ City does not have I.T. staff (2) o• Size drives up per -capita costs 1 Proximity to Minneapolis (1) •3 Trails are hard to access (1) City success taken for granted (1) (becoming complacent) ❖ Big Box stores seen as attracting problems (1) ❖ Tax Exempt Property (1) Concrete Streets ❖ Tax Rate is High and perception is High ❖ Not enough side walks Threats d• School Referendums (Creates competition for money) (8) ❖ Rising Health Care Costs (7) ❖ Cost of Fuel (7) Liquor Revenue Competition (6) ❖ Poor Economy (5) ❖ Tax Capacity Declines with Falling Property Values (5) ❖ Pandemic/Natural Disasters (4) 4• Foreclosures on Homes (4) Legislated Mandates (3) ❖ Wine in Grocery Stores (3) •3 Area around NE Minneapolis (2) •3 Crime (2) ❖ Aging Population (2) •S Decline in School Population (2) ❖ Resistance to Single Hauler (2) ❖ Transportation Funding Shortfalls (2) ❖ Community Complacency (2) ❖ Hiring and Retaining Quality City Employees •3 New People and Businesses d• Lack of Volunteers Opportunities 23 St. Anthony Shopping Center Redevelopment (12) Redevelopment of Mobile Home Park (11) Housing Maintenance Code (8) 39`h Ave Redevelopment (2) Development and Silver Lake Village Completion (2) Redevelopment (38) Industrial Park on the East Side (2) Rehab WWII Housing (1) Add and improve on Sidewalks (3) T infrastruct»re (3) Complete Silver Lake Road Reconstruction Technology Advances (8) Development of Broadband (5) Technology (15) GIS (2) Environmental Best Practices (3) Silver Lake Clean-up (3) Single Garbage Hauler (3) 10 Environment Silverwood Park (3) Concerns (16) Emerald Park (2) Johnson Controls Report (2) Engage and Tap Knowledge & Experience of Seniors ' I Senior Emphasis Expanded Services for Seniors Sell Services to other Cities (Police, Fire, Finance, Public Works (1) TCAAP Financial (1) Retired Chandler TIF District Gas Prices making City Location More Attractive ► Miscellaneous Cooperation with Schools -5- 24 Visioning: St. Anthony Village 2013 A process of imaging what the future City of St. Anthony would be in 2013 was done in small groups. The group assignment was to describe St. Anthony Village as if it was the year 2013 and the City had reached an ideal state. The small groups were asked to describe what they saw when they imagined the accomplishments that brought them to 2013. ❖ St. Anthony is a model of fiscal and environmental responsibility St. Anthony has a strong School District that has threats addressed ❖ The City Staff can measure services as viewed by the customer (residents) ❖ There is a gateway to the City that is completed (Silver Lake Road) o People are using sidewalks with park benches o St. Anthony Shopping Center is well on its way to completion o North Side Redevelopment is Complete along with Silverwood Park Fiber Optics is provided to each home by the City (It is underground and supplying VIOP, TV, and Internet) d• Industrial Areas are Revitalized •S A variety of Senior Services are provided such as home nursing, housing maintenance assistance, and transportation Silver Iake is Swim -able and Fishable ❖ City has committed to an ongoing stable infrastructure •S There is a Veterans Memorial on Silver Lake Road •A The Manufactured Home Park is Clean and Redeveloped The City has a Strong Housing Code d• St. Anthony is seen as a destination City -6- 25 In Order to Achieve our Visions we must... Take Care of the Environment (15) ✓ ,Johnson Controls ✓ Storm water management ✓ Support Public Transportation ✓ Investigate and Implement a Single Garbage Hauler Environmental Stewardship Seek TCAAP for Clean-up of water (21) ✓ City Wide BMP ✓ Trail Development Help Silver Lake Become Fishable Swim -able (6) ✓ Expand Involvement in TMDL ✓ Coordinate RCWD-3 Rivers -- MWMO- Ramsey County CD ✓ BMP Maintenance & Inspection Silver Lake Road (Gateway) (12) ✓ Sign contract with County ✓ Financial Plan for City to Fund Project ✓ Hold Open -House with Residents to Relay Details ✓ Construction! Improve and maintain Infrastructure (21) Maintain Stable Infrastructure (8) ✓ Use CIP to Prioritize Projects ✓ Develop Plan to Fund Work ✓ Consider Water/Sewer/Roads/Sidewalks/Lighting ✓ Maintain Commitment Veterans Memorial (1) ✓ Identify Site ✓ Identify Scope (Multi Generational, etc.) ✓ Develop Design ✓ Acquire Funding Fiber Optics to Homes (12) ✓ Develop Legal Authority/Legislative Efforts ✓ Feasibility Study to determine Costs/Benefits ✓ Educate the Public and Gather Public Input Identify Funding 11FA Technology Advances (12) 26 Develop Housing Code (5) Maintain/Improve North Side Redevelopment (3) Housing Stock (8) ✓ Complete Silver Lake Village Project ✓ Review Possible 39"' Avenue Redevelopment ✓ Keep Communication Open and Flowing in Three Rivers Parks In Order to Achieve our Visions we must... Continued Senior Transitions (4) ✓ Define Scope of Available Services (4) ✓ Engage Vital Aging Council & Others Measure City Services 2 Liaison with School District 1 Industrial Redevelopment 0 Kenzie Area Redevelopment 0 Senior Transitions Others Mentioned IN -Basket: Those items should he monitored throughout the year. A Council discussion or action on any of the items may or may not occur. 1. Village Fest'08 (Helicopter: in or not) 2. Speaking at a Council meeting o It was decided that individuals did not have to give their address, only state if they live in the City 3. Branding of the City 4. Snow Plowing Policy: Pilot Program to test different dates for no parking 5. Citizen Input: Invitation process to get people involved as volunteers 6. Section 5.5 of the Ordinance (Dogs) Examine enforcement of licensing and leash law 7. National Night Out is popular with the need to expand participation to other staff 8. Reverse 911 9. Sister City Visit in May 10. Electronic Sign Content (Advertising/Access that competes with other interests) 11. 60`k' Anniversary of Liquor operation 2008 Goals 1. Environmental Stewardship and Rehabilitation 2. Improve and Maintain Infrastructure 3. Technology Advances 4. Improve and Maintain Housing 5. Senior Transitions -9- 27 Tasks and Timelines Environmental Stewardship and Rehabilitation 1.1 Johnson Controls PW 2008 2008 1.2 Storm Water Management Engineer 2008 2008 1.3 Public Transportation TBA On-going 1.4 Single Garbage Hauler City Council 2008 2009 1.5 TCAAP Engineer 2008 On-going 1.6 City Wide BMP PWD 2008 On-going 1.7 Add Sidewalks PWD/Engineer 2008 2013 1.8 Water Reuse Strategy Engineer 2008 2008 1.9 In -Line Treatment Engineer 2008 2010 1.10 Rainwater Garden Engineer 2008 2009 Communicate/Educate Clerk/All 2008 On-going Help Make Silver Lake Swimable:A_F ab I 1.11 Expand Involvement TMDL Engineer 2008 On-going 1.12 Coordinate RCWD 3 Rivers Engineer 2008 On-going 1.13 BMP Maintenance & Inspections Engineer 2008 On-going -10- Improve and Maintain Infrastructure 2 Silver Lake Road Construction 2.1 Sign Contract 2.2 Fiscal Plan 2.3 Open House 2.4 Construction Maintain Stable Infrastructure 2.5 CIP Plan 2.6 Sewer 2.7 Water 2.8 Sidewalks 2.9 Roads 2.10 Lighting 2.11 Highway 88 light timing 2.12 Met Council I&I 2.13 Review Key Financial Strategies 2.14 Electric Utility Franchise Veteran's Memorial 2.15 Emerald Park All City Council Stacie/Roger All Contract/All Engineer/PW Engineer/PW Engineer/PW Engineer/PW Engineer/PW Engineer/PW PW Engineer Stacie/Roger EngineerlAttorney City Council Council/PK Comm 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 On-going 2010 2009 2008 2009 On-going On-going On-going On-going On-going On-going 2009 2013 On-going 2013 Explore 3.1 Develop Legal Authority 3.2 Feasibility study 3.3 Educate Public & Get Input 3.4 Develop Funding Attorney 2008 2013 Kim 2008 2013 Council /Staff 2008 2013 Roger/Stacie 2008 2013 - 11 - 29 4 North Side Redevelopment 4.1 Complete SL Village 4.2 Review 30th St, Redevelopment 4.3 Keep Communication in 3 Rivers Park Develop Housing Code 4.4 Review other Cities 4.5 Adopt IPM Code 4.6 Amend Existing Housing Ord. 4.7 Amend Existing Fee Schedule 4.8 Division of Property Maintenance Senior Transitions 5.o Senior Transitions 5.1 Define scope of available services 5.2 Engage Vital Aging Council and others 6 Miscella 6.1 Code Re -codification 6.2 City Hall Benches 6.3 AV Equipment Replacement C -hall All City Council 2008 2010 Stacie/Mike 2008 2010 Mike 2008 On-going Fire Chief City Council 2008 2008 Fire Chief 2008 2008 Fire Chief 2008 2008 Fire Chief 2008 2008 Fire Chief 2008 2008 City Council 2008 On-going City Council 2008 On-going Kim 2008 2008 PW 2008 2008 Barb 2008 2008 -12- 30 Annual Report EMS Runs: 696 Fire/Haz. Condition: Service Call: 182 (704) ... 71% 98 (73) ....10% (203) ........19% Total Calls: 976 (980) NON MECICAL CALLS FIRES FXPLOShON HAZARDOUS SERVICE CALL GOOD INTENT FALSE WEATHER CONDITION ALARMS RELATED ■ 2006 ■ 2006 02007 32 250,000 200,000 150,000 100,000 50,000 0 2007 LOSS $22,450 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 33 3 34 4 35 ■ TOTAL DOCUMENTED REPORTS- 185 (192) Parking Violations..............34 (58) Vegetation ........................55 (57) Garbage/Refuse................24 (38) Sign Violations..................21 (18) Structure/Yard Maint...........43 (14) Noise Violations..................3 (3) Miscellaneous .....................5 (4) ■ Regional EOP ■ NIMS Training Pandemic Planning for City 37 Fire Cade & Pertinent Ordinance Adoption Staff Report SECOND READING Date: March 25, 2008 To: John Malenick, Fire Chief From: Don Drusch, Fire Marshal I am providing the following information for consideration in the adoption of the Minnesota State Fire Code (2007) and pertinent modifications to the Ordinances of the City of St. Anthony. Background, The current Minnesota State Fire Code was adopted by the State of Minnesota on July 11, 2007. The most previous edition of the MSFC was adopted by the State on March 31, 2003. The City of St. Anthony last adopted the State Fire Code in 1990. While the State Fire Code is in effect throughout the State, it is strongly encouraged by the Minnesota State Fire Marshal's office that each jurisdiction formally adopt the Minnesota State Fire Code (MSFC). The MSFC (2007) incorporates and amends the 2006 International Fire Code (IFC) as promulgated by the International Code Council (ICC) of Falls Church, Virginia. It is widely considered to be a companion to the International Building Code (IBC) which also has been adopted, as amended, by the State. The ICC provides a total package of codes (Building, Fire, Residential, Mechanical, etc.) that are intended to provide a complete, comprehensive and compatible set of codes. Adopting the MSFC (2007) and the proposed modifications to the City's ordinances is consistent with the intent to establish minimum uniform requirements for Minnesota & St. Anthony in order to be consistent with Minnesota laws and rules, as well as to address fire safety concerns that are specific to the City of St. Anthony. The Fire Department has been reviewing and preparing recommendations for the City of St. Anthony to adopt, by ordinance,. the 2007 MSFC. This will be the first formal review of the Fire Code since 1990. Staff review of the 2007 MSFC reveals the need for City Council consideration to modify and update various portions of the current City Code. These portions include, but are not limited to, • Section 315.05 — Fire Department, modifying language to reflect current practice and authority • Section 615 — Licenses & permit fees, establish fee structure, provide mechanism for recovery • Section 1325 — Uniform Fire Code, review, modify, remove obsolete language, update language to reflect current standards. Overview. The City ordinances pertaining to Fire Prevention & Safety need to be updated because of substantial changes made to the model national codes that are incorporated into Minnesota's code. Additionally, technological advances, construction design & materials, and methods have changed since the City last reviewed the code in 1990. The intent is to provide an up-to-date code that will achieve a reasonable degree of safety to life and property. This will allow the use of modern methods and devices which tends to lower construction and maintenance costs. This is the second reading of this ordinance. Changes from last meeting are italicized for you. City of St. Anthony Village Ordinance 08-001 CHAPTER 3 PERSONNEL, PLANNING COMMISSION, PUBLIC SAFETY Section 315 - Public Safety 315.05 Fire Department. Subd. 1. Responsibilities. The Fire Department will be responsible for fire, and life safety and fire protection for the City in accordance with the Constitutions and laws of the United States and the State of Minnesota, and this Code and other official acts of the City. CI IAPT ER 1300 BUILDING, HOUSING, CONSTRUCTION AND SIGNS Section 1325 - FIRE CODE 1325.01 Definitions. For purposes of this Section and the Fire Prevention Code hereby established, the following terms shall have the stated meanings: Subd. 1. MSFC. The Minnesota State Fire Code, as adopted pursuant to Minnesota Statues, section 299F.011, and as modified by Minnesota Rules, Chapter 7511, and as modified by the City of St. Anthony. Subd. 2. Code. The Fire Prevention Code of the City of St. Anthony, which includes the MSFC and any amendments and modifications contained in this Section. Subd. 3. Bureau. The St. Anthony Bureau of Fire Prevention. Subd. 4. Corporate Counsel. The City Attorney. Subd. 5. Chief of the Bureau of Fire Prevention. The St. Anthony Fire Marshal. Subd. 6. Fire Chief. The Chief of the Fire Department of the City of St. Anthony. Subd. 7. Fire Protection Device. Includes, but not limited to, hydrants, sprinkler connections, standpipe connections, post indicator valves, fire control valves, etc. 1325.02 Fire Prevention Code. Subd. 1. Adoption. The MSFC, except as hereinafter modified or changed, is adopted as the City's Fire Prevention Code and shall be applicable within the City of St. Anthony. a. MSFC 105.6.30 - the exception for recreational fires is deleted. b. MSFC 111.4 -Failure to Comply: Any person who fails to obtain a permit as required in Section 105 or Section 106 of the MSFC, or any person who fails to obtain a permit as required by the Building Code or any person who shall continue any work after having been served with a stop work order, except 39 such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fee as set forth by the fee structure adopted by the City. (see Chapter 6) c. MSFC 111.4.1 — Work Commencing before permit Issuance. If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee established by municipality shall be collected and is in addition to the required permit fees, but it may but exceed the permit fee. d. MSFC Section 202-- add definition for CAMPFIRE. Campfire shall have the meaning of a recreational fire as defined in 302.1 e. MSFC Section 505 — Section 505.1 is amended as follows: 505.1 Address Numbers 505. 1.1 Each owner of one or two family dwelling in the City must post the correct street or avenue number of the building in a conspicuous place both on the front and rear of the building in accordance with this Section. (a) House numbers must be in Arabic numerals, and of color contrasting to the building. (b) Each numeral may be no less than 4 inches (102 mm) in height and no less than % inch (12.7mm) in stroke width. (c) A rear building posting will not be required unless an alley or other public access exists to the rear of the lot or parcel on which the building is located. (d) Front numerals must be posted on the building surface nearest the street or avenue nearest the front of the building. These numerals must be at a height and position so that the numerals can be easily read by a person of normal vision while seated in an emergency vehicle located in the street. (e) Rear numerals must be posted on the building surface nearest the alley or other rear public access. 501.1.2 New and existing buildings, not classified in 1325.11 Subd. 1 shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. (a) These numbers shall contrast with their background. (b) Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) (c) These numerals must be at a height and position so that the numerals can be easily read by a person of normal vision while seated in an emergency vehicle located in the street. (d) The placement and size of the numerals or sign must be approved by the .Fire Marshal. (e) MSFC 508.5.5 is amended to read: 508.5.5 Clear space around hydrants. A 10 -foot (914 nun) clear space shall be maintained around the circumference of fire hydrants and a 3 foot vertical clearance above the highest portion of the hydrants shall be maintained except as otherwise required or approved. (f) MSFC Section 912.3 is amended to read: 912.3 Access. Immediate access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other object for a minimum of 10 feet (914 mm) in all directions except as otherwise required or approved. (g) MSFC Appendixes adopted: The following appendixes to the MSFC are hereby incorporated as may be amended as part of the Fire Prevention Code of the City of St. Anthony: (a) Appendix B — Fire -Flow Requirements for Buildings (b) Appendix C — Fire Hydrant Locations and Distribution (e) Appendix D - Fire Apparatus Access Roads (d) Appendix 11— Fires or Barbecues on Balconies or Patios The exception to Section 1.2 is deleted. Subd. 2. Copies on File. Copies of the MSFC are on file with the Bureau and are available for public inspection. Subd. 3 Penalties. A person who violates the provisions of the Minnesota State Fire Code or this ordinance after being given written notice shall be guilty of a misdemeanor. Each day's violation after notice thereof shall constitute a separate offense. 1325.03 Bureau of Fire Prevention. Subd. 1. Enforcement. The Code will be enforced by the Bureau under the supervision of the Fire Chief. 1325.04 Fire Marshal. 41 Subd. 1. Office of Fire Marshal. There is hereby established as part of the Fire Department, the `Office of Fire Marshal', which will be operated under the supervision of the Fire Chief. Subd. 2. Members. The Fire Chief will designate one qualified member of the City's fire fighters as Fire Marshal. The Fire Chief may assign members of the Fire Department to the Bureau as "Inspectors", as the chief deems necessary to assist in carrying out the duties of the Office of Fire Marshal. Subd. 3. Duties. The Fire Marshal will be responsible for enforcement of the Code. Subd. 4. Reports. The City Fire Marshal will submit a written report to the City Manager in March of each year. The report must contain all proceedings undertaken by the Office of Fire Marshal under the Code during the preceding calendar year. This report may include any statistics as the Fire Chief or City Manager desires. 1325.05 Establishment of Various Districts; Routes and Fire Lanes, Subd. 1. Flammable Liquids. The limits referred to in the MSFC in which storage of flammable liquids in outside aboveground tanks is prohibited, will include those areas of Zones R and R/O. Subd. 2. Routes for Vehicles Transporting Explosives. The routes referred to in the MSFC for vehicles transporting explosives and blasting agents, are hereby established as follows: (a) Hennepin County Highway 88 (b) County Road C, east of Hennepin County Highway 88 (c) Anthony Lane. Subd. 3. Routes for Vehicles Transporting Hazardous Chemicals. Motor vehicle routes for vehicles transporting hazardous chemicals or dangerous articles, as described in the MSFC, are hereby established as follows: (a) Hennepin County Highway 88 (b) County Road C, east of Hennepin County Highway 88 (c) Anthony Lane. 1325.06 Fire Lanes. Subd. 1. Orders Establishing. The Fire Marshal may order the establishment of fire lanes on public or private property as may be necessary for travel of fire or emergency equipment and access to fire protection devices or buildings. When a fire lane has been ordered to be established, it shall be marked by a signage and painting of curbs and roadways according to the Minnesota Manual of Uniform Traffic Control Devices and as approved by the Fire Marshal bearing the words. If there is a curb in the fire lane, it must be painted yellow. The Fire Marshal may require the fire lane to be outlined in yellow on 42 the pavement. When the fire lane is on public property or a public right-of-way, the sign or signs will be erected by the City. When the fire lane is on private property, the sign or signs will be erected by the owner at the owner's expense as directed by the Fire Chief. The signs must be erected within 30 days after notice of the order. Subd. 2. Obstruction; Impoundment. No person may leave a vehicle or other object unattended or otherwise occupy or obstruct a fire lane. When any motor vehicle or other object occupies or obstructs any duly designated fire lane in a manner inconsistent with the land's intended use for fire protection purposes, or prevents access to any fire hydrant or fire protection device in the normal and usual manner by fire protection personnel and equipment; the Fire Marshal or Police Department personnel may order the impoundment of the vehicle or other object. No vehicle impounded pursuant to the provisions of this Section may be released until a release is obtained from the Police Department and all towing and storing charges have been paid. 1325.07. Reserved. 1325.08 Parking Near Fire Equipment. No person may park any vehicle or place any material or other obstruction within 20 feet of the entrance to any fire station or within 10 feet of any fire hydrant or fire protection device. Nor may any person park any vehicle within 300 feet of a place where a fire requiring fire fighting by the Fire Department is in progress. 1325.09 Protection of Fire Hoses. No person may drive any vehicle over a fire hose, except upon specific orders from a member of the Police or Fire Departments of the City, and then only with due caution. 1325.10 Interference with Fire Department Duties. No unauthorized person may ride upon, race with, trail or follow within 300 feet of, any apparatus belonging to the Fire Department when such apparatus is actively responding to an emergency call. 1325.11 Premises Identification. Subd. 1. Each owner of a one or two family dwelling in the City must post the correct street or avenue number of the building in a conspicuous place both on the front and rear of the building in accordance with this Section. (a) House numbers must be in Arabic numerals, and of color contrasting to the building. (b) Each numeral may be no less than 4 inches (102 mm) in height and no less than 1/4 inch (12.7 mm) in stroke width. (c) A rear building posting will not be required unless an alley or other public access exists to the rear of the lot or parcel on which the building is located. (d) Front numerals must be posted on the building surface nearest the street or avenue nearest the front of the building. These numerals must be at a height and position so that the numerals can be easily read by a person of normal vision while seated in an emergency vehicle located in the street. 43 (e) Rear numerals must be posted on the building surface nearest the alley or other rear public access. The numerals must be at a height and position such that the numerals can be easily read by a person of normal vision while seated in an emergency vehicle located in the alley or other rear access. Subd. 2. New and Existing Buildings not classified in 1325.11 Subd. 1. shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. (a) These numbers shall contract with their background. (b) Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 min) height with a minimum stroke width of 0.5 inch (12.7 nun). (c) These numerals must be at a height and position so that the numerals can be easily read by a person of normal vision while seated in an emergency vehicle located in the street. (d) The placement and size of the numerals or sign must be approved by the Fire Marshal. 1325.12 Open Flame and Fuel Storage Prohibited. Subd. 1. Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. Subd. 2. Fuel Storage Prohibited. No person shall store or use any fuel, barbeque, torch or other similar hearing or lighting chemical in the locations designed in Subd. 1. 1325.13 Permits Required. No person may, without first making application for (on forms provided from the City), and obtaining, a permit; maintain, store or handle materials or conduct, process or install equipment when a permit is required by the MSFC for any such activity. A fee, periodically determined by resolution of the Council, must be paid for each permit in accordance with the conditions set forth in the MSFC. All permits may be issued for a period of up to one year, but may be renewed if the applicant meets the requirements of the MSFC. The Office of Fire Marshal may revoke a permit or approval issued if any violation of the Code is found upon inspection, or if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was granted. 1325.14 Appeals. If the Fire Marshal disapproves an application or refuses to grant a permit applied for, or revokes a permit, or when it is claimed that the provisions of any part of the Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the person or persons aggrieved may appeal the decision of the Fire Marshal to the City Council within 30 days atter the date of the decision. IN 1325.15 Monitoring of Fire Protection Equipment. Fire alarm systems and bells controlling the water supply and water -flow switches on automatic sprinkler systems shall be electronically monitored by an approved central station service in accordance to this section. Subd. 1. Application of requirements. This section shall apply to the following: (a) New fire alarm systems. (b) Existing fire alarm systems when upgrades or expanded. (c) New sprinkler systems with 20 or more sprinkler heads. (d) Existing sprinkler systems with 100 or more sprinkler heads. (e) Existing sprinkler systems when upgraded or expanded by five sprinkler heads or more and the number of sprinkler heads following upgrade or expansion is 20 or more. Subd. 2. Distinctive Signals. General fire alarms, bells monitoring, water flow, trouble and supervisory signals shall be distinctively different and shall be automatically transmitted to an approved central station in accordance with National Fire Protection Association (NFPA) Standard 72. Subd. 3. Certificate Required. An Underwriter's Laboratory (IJI,) 72 "Central Station Fire Alarm System Certificate" shall be required for all electrically monitored fire alarm and sprinkler systems and communicators. Subd. 4. Public Utilities Accepted. This section does not apply to underground key or hub valves in the roadway boxes provided by the City. 1325.16 Open Burnine. Open burning prohibited. Except as otherwise permitted by this section, all open burning is prohibited in the City of St. Anthony. Subd. 1. Definitions. For the purpose of this section, the following definitions shall apply: (a) "Open Fire" or "Open burning" means a fire in matter, whether concentrated or dispersed which is not contained within a fully enclosed firebox, structure, or vehicle, from which the products of combustion are emitted directly to the open atmosphere without passing through a stack, duct or chimney. (b) "Person" includes any natural person acting either personally or in any representative capacity, a corporation, a firm, a co -partnership, or an association of any nature or kind. (c)"Starter Fuels" means dry, untreated, unpainted wood or charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution must be used to start an open fire. (d) "Wood" means dry, clean fuel such as twigs, branches, limbs, presto logs", charcoal, cord wood or untreated dimensional lumber. Wood does not include wood that is 45 green, leaves or needles, rotten, wet, oil soaked or treated with pain, glue or preservatives. Clean pallets may be used for recreation fires when cut into three foot smaller lengths. (e) "Recreational Fire" means a fire set for cooking, warming or ceremonial purposes which is not more than three feet in diameter by three feet high and has had the ground five feet from the base of the fire cleared of all combustible materials. (f) "Burning Permit" is a permit issued by the Fire Chief or his designee authorizing fires exempted from the general provisions hereof and setting the conditions therefore. (g) `Burner" means a firebox, barrel or similar container used for an outdoor fire, but not including grills or barbecues used principally for the cooking of food. (h)"Campfire" has the same meaning as "Recreational Fire." Subd. 2. Exemptions. The following types of open burning shall be exempted from the prohibition of Subd. 1. (a) Recreational fires or camp fires subject to the provisions of 1325.16 Subd. 11. (b) Fires purposely set under the supervision of the Fire Department for instruction and training. (c) Fires for which a burning permit has been obtained. Subd. 3. Burning Permit. Except for permits issued by the Minnesota Department of Natural Resources for fire training, the Fire Chief or designee may issue a burning permit for any of the following reasons: (a) Fire set for the elimination of fire hazard which cannot be abated by any other practical means. (b) Fires purposely set for forest and game management purposes when not other alternative methods are practical. (c) Ground thawing for utility repair and construction. Subd. 4. Prohibited Materials. (a) No permit may be issued for the open burning of oils, petro fuels, rubber, plastics, chemically treated materials, or other materials which produce excessive or noxious smoke such as tires, railroad ties, treated, painted or glued wood, composite shingles, tar paper, insulation, composition board, sheetrock, wiring paint or paint fillers or similar materials. (b) No permit shall be issued for the open burning of hazardous waste or salvage operations, solid waste generated from an industrial or manufacturing process or from a service or commercial establishment, or building material generated from demolition of commercial or industrial structures, or discarded material resulting from the handling, processing, storage, preparation, serving or consumption of food. Subd. 5. Procedure for Permit Issuance. (a) Application for a burning permit shall be submitted to the Fire Chief on a form prescribed by the City. (b) The Fire Chief, or designee, shall review the application to insure compliance with the provisions of this section and any applicable State laws and/or regulations. (c) The Fire Chief, or designee, may inspect the proposed burn site on such occasions and at such time as is deemed necessary to adequately review the application. Submission of the application shall constitute authorization for the Fire Chief, or designee, to enter the premises for this purpose. (d) Within five business days, excluding Saturdays, Sundays, and Federal legal holidays, after the receipt of the application, the Fire Chief, or designee, shall either grant or deny the application. Subd. 6. Denial of Permit. (a) Application for a burning permit may be denied for any of the following reasons: i. The proposed lire or burn site does not meet the requirements of this section. 2. The Fire Chief, or designee, determines that there is a practical alternative method of disposal of the material. 3. The Fire Chief, or designee, determines that the fire would result in pollution or nuisance conditions. 4. The Fire Chief, or designee, determines that the burn cannot be safely conducted and no plan has been submitted to adequately address the safety concerns. 5. The location of the burning shall not be within 600 feet of an occupied residence other than those located on the property on which the burning is conducted. (b) The denial of any application shall be in writing and shall state the reasons for the denial. (c) Any person aggrieved by the denial of a burning permit may appeal that decision to the City Council by submitting a written request or appeal to the Fire Chief within ten days after the date of the denial. The Fire Chief shall submit the appeal request to the City Manager for placement on the next available City Council agenda. Subd. 7. Responsibilities of Permit Holder. The holder of any permit shall be responsible for the following: (a) Have a valid permit in possession at the burn site at all times during the burn. (b) Prior to starting burn, confirming that no burning ban is in effect or the forecasted air quality index will be greater than 50. 1. No burn shall occur when wind speed or wind gust is in excess of 20 mph. (c) Constant attendance by the permit holder or competent representative during a burning event. (d) Availability at the burn site of appropriate communication and fire suppression equipment as required by the permit or any fire safety plan approved by the City as part of the permit process. (e) Not allowing the fire to smolder. (f) Being sure that the fire is completely extinguished before the permit holder or representative leaves the site. (g) All costs incurred as a result of the burn including, but not limited to, fire suppression, administrative fees, property damage and personal injury. Subd. 8. Revocation of Permit. An officer of the Minnesota Department of Natural Resources, the Fire Chief, the Assistant Fire Chief or the Fire Marshal may revolve any burning permit for appropriate reason including, but not limited to: (a) A fire hazard exists or develops during the course of the burn. (b) Pollution or nuisance conditions develop during the course of the burn. (c) The fire smolders with no flame present. (d) Any of the conditions of the permit are violated during the course of the burn. Subd. 9. Burning Ban or Air Quality Alert. No recreational fire, campfire or open burning will be permitted when the City or the Minnesota Department of Natural Resources has officially declared a burning ban or restrictions due to potential hazardous fire conditions or when the Pollution Control Agency has forecast an Air Quality Index greater than 50. Subd. 10. Use of Burners Prohibited. No person shall use a burner within the City. Exception, the use of "chimneas' and manufactured fire pits when used in accordance with 1325.16 Subd. 7. and 1325.16 Subd. 11. Subd. 11. Recreational Burning and Camp Fires. A permit is required. Recreational and camp fires comply with the following requirements: (a) Burning shall occur between 9:00 a.m. and 11:00 p.m. on Sundays, Mondays, Tuesdays, Wednesdays, and Thursdays. (b) Burning shall occur between 9:00 a.m. and midnight on Fridays and Saturdays. (c) Burning may occur between 9:00 a.m. and midnight when the following day is a federal holiday. (d) The fire shall not exceed three feet in diameter and a flame height of 3 feet from the adjacent ground level. (e) Only clean wood or charcoal may be burned. No burning of trash, refuse, leaves or brush is allowed. (f) The fire is ignited with an approved fire starter. (g) The fire is constantly attended by a person knowledgeable fin the use of fire extinguishing equipment and an attendant supervises the fire until the fire has been totally extinguished. (h) Fire -extinguishing equipment, such as buckets, shovels or garden loses, are readily available. (i) The fire is not conducted within twenty five feet of a structure or combustible materials. (j) Any conditions that could cause a fire to spread within twenty five feet of a structure shall be removed or eliminated prior to ignition. (k) Outdoor barbecue pits shall be constructed of concrete or approved noncombustible walls, roofs or other combustible material. Subd. 12. Rules Adopted by Reference. Minnesota Statutes Section 88.01 through 88.22, 88.75 and 88.76 are hereby adopted by reference and made a part of this section as if fully set forth herein. Subd. 13. Severability. If any sections, subsections, sentence, clause, or phrase of this code section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the code section. Subd. 14. Penalty. Any person violating any provision of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine and/or imprisonment in accordance with law. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: March 12, 2008 Second Reading: Adopted: Mayor ATTEST: City Clerk Publish: 0 STAFF REPORT To: Mayor and City Council Report No.: Michael Mornson, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: March 25, 2008 Subject: Proposed Revised Sign Ordinance Background: Staff presented the draft of the proposed Sign Ordinance to the Planning Commission at their regularly schedule monthly meeting on February 19, 2008. The following are items that the Planning Corrunissioners felt should be considered as additional revisions or changes. 1400.04 Definitions. Subd. 10. Cabinet SimL. Add "box" style or enclosed to the definition. Any "box" style or enclosed wall sign that is not of channel or individually mounted letter construction. Subd. 13. Changeable Copy Sign. Add non -electronic copy. A sign, or a portion thereof, with characters, letters, or illustration that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include non -electronic copy, or signs upon which characters, letter or illustration change or rearrange only once in a 24-hour period. Subd. 17. Electronic Message Sign. Add pixel -based technology, such as but not limited to LED, liquid crystal, etc. Any sign that displays a message electronically throughip ? el - based technology, such as but not limited to LED, liquid crystal, etc. Subd. 24. Grade. Add or berming. Grade shall be construed to be the final ground elevation after construction. Earth mounding or bermin criteria for landscaping and screening are not part of the final grade for sign height computation. Subd. 52. Roof. Add Minnesota State Building Code. The Exterior surface and its supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Minnesota State Building Code. Subd. 59. Shimmering Signs. Add and/or. A sign which reflects an oscillating and/or sometimes distorted visual image. Subd. 63. Sign Structure. Add pedestal, base. Any structure including theedp estal, base, supports, uprights, bracing and framework which supports or is capable of supporting any sign. 1400.08 Signs Requiring No .Permits. Subd. 8. Construction Signs. Move to 1400.09 Signs Requiring Permits. Add Sign needs to be removed within two (2) weeks of receiving an Occupancy Permit from City. Signs ZACouncil Meetings120081032520081Staff Sign Ordinance.doc denoting the architect, engineer or contractor when placed upon work under 51 construction, provided that the total sign surface area of all such signs do not exceed the greater of twelve (12) square feet or a ratio of one (1) square foot of sign surface per one hundred (100) square feet of floor space in the construction project, up to a maximum of thirty-two (32) square feet. Sign needs to be removed within two -Q2 weeks of receiving an Occupancy Permit from City Subd. 9. On --Site Temporary Subdivision Signs. Move to 1400.09 Signs Requiring Permits. Add placed at property entrance or if two (2) entrances, one sign at each entrance not larger than thirty-two square feet each sign both sides. One (1) on-site temporary sign advertising a group of lots for sale within a subdivision or group of houses for sale within a housing project, provided that the total area of such sign shall not exceed sixty-four (64) square feet with no single dimension in excess of sixteen (16) feet placed at property entrance. if there are two (2) entrances, one sign at each entrance not larger than thirty-two. uare feet each sio both sides. The display of such sign shall be limited to a six (6) -month time period. At the expiration of such period, the applicant may request a further extension of time; otherwise the sign must be removed. 1400.12 District Schedules; Subd.1. Residential (2) R-3 and R-4. Each multiple dwelling complex (nine (9) or more units) allowed one freestanding sign identifying the complex. The sign may not exceed fifty (50) square feet in sign surface area. The sign structure, including the sign surface area, may not exceed one hundred -fifty (150) square feet in area. The highest point of the sign may not be more than ten (10) feet above ground level. Planning Commission recommends that this height be reduced to eight (8) feet. Requested Action: City Attorney review and Council review. Attachments: Draft of revised Chapter 14 LMC Sign Ordinances and the First Amendment White Paper ZACouncil Meetings\2008\03252008\Staff Sign Ordinance.doc Regulation of Signs & the First Amendment Revision of City Code City of St, Anthony Chapter 14 General First Amendment Principles Applied to Signs ♦ The First Amendment protects signs as speech. ♦ Courts look seriously at attempts by cities to regulate signs. ♦ Content neutral regulations based on Time, Place, & Manner. 52 1 Substantial Government Interest The main substantial government interest recognized by the Courts are: ♦ traffic safety ♦ aesthetics Rules for Regulating Signs ❑ Do not regulate based on content. ❑ Do not favor commercial speech over non-commercial speech. ❑ Restrictions on signs must accomplish a substantial government interest and be no broader than necessary. 53 2 Provisions to Avoid when Regulating Signs ❑ Discretionary pproval: appearance of favoring one sign over another. ❑ Exemptions: content -based discrimination; "waters down" substantial government interest. ❑ Treating Non -Commercial Speech Differently: defining signs as advertising devices; stating "`signs allowed as defined"; "all other signs are prohibited". These statements appear to prohibit non- commercial speech, which is unconstitutional. Issues of Interest to the City ❑ Flags ^, If the US flag is allowed then any non-commercial flag should be allowed. ❑ Yard Sians N Some Courts have ruled yard signs are protected. Regulate based on Time, Place and Manner. • Exemption Allowed: Election Season N MN Stat. 211B.045 requires cities to allow noncommercial signs of any size during election season from Aug. 1 until 10 days after election. 54 3 In Summary ... ❑ Can not regulate Content ❑ Can not favor Commercial Speech over Myon -Commercial Speech ® Provide easily understood purpose and rationale for permitting process LJ Regulations must accomplish a substantial government interest 55 4 C � OORSEY DORSEY 8 WHITNEY LLP JEROME P. GILLIGAN (612) 340-2962 PAX (612) 340-2643 giffiganjerome@dorsey.com March 18, 2008 Mr. Michael Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Re: Amendments to Sign Ordinance Dear Mr. Morrison: At your request I have reviewed the ordinance amending Section 1400 of the City Code which regulates signs. As you are aware regulations by the City of signs raises various First Amendment issues and the sign ordinance of other Minnesota cities have been challenged as violating the free speech provisions of the First Amendment. Based upon my review I believe the amendments are appropriate and I recommend that the proposed ordinance be adopted. A couple of areas in the ordinance that I would like to specifically mention are the provisions relating to non-commercial speech signs and political signs. Under the revisions one non-commercial speech sign of six square feet or less may be located on a lot in a residential district and does not require a permit. This provision is required by current Minnesota case law. In addition during a general election year any number of non-commercial speech signs of any size may be posted from August 1 until 10 days following the general election (see Section 1406, Subd. 8 of the proposed amendment). This provision is in accordance with the requirements of Minnesota Statutes Section 211B.045. Since the ordinance amending Section 1400 of the City Code will require three readings, I will continue to review and I may have further revisions. However, at this time I believe the City Council should give first reading to the ordinance approving the amendments to Section 1400 of the City Code. Should you have any questions at this time, please call me. JPG/pmh Yours T ly, OJ7eme P. GI i a DORSEY & WHITNEY LLP • WWW.DDRSEY.COM • T 612.340.2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498 USA CANADA EUROPE ASIA 56 57 City of St. Anthony Village Ordinance 08-002 CHAPTER 14. SIGNS 1400.01 Title. This Chapter will be ]mown as the "Sign Ordinance". 1400.02 Findings, Poseand E feet. Subd. 1 Findings. The City Council hereby finds as follows: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important niediurn through which individuals may convey a variety of messages. (c) Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. (d) The City's Code of Ordinances have, since as early as 1983, established standards which would permit businesses in the City a reasonable and equitable opportunity to identify themselves. The regulation of signs is an effort to provide adequate means of expression and to promote the economic viability of the business community. (e) To preserve and promote civic beauty and protect the City and its citizens from a proliferation ofsigns of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. (fl To preserve and protect the value of land and buildings, and to preserve and protect landscapes. Subd. 2 Purpose and Intent. It is not the purpose or intent of this sign ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this Section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this article is to: (a) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. (b) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. (c) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. (d) Provide for fair and consistent enforcement of the sign regulations set for herein under the zoning authority of the City. Subd. 3. Deet. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of these regulations. The effect of this sign ordinance, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zoning districts, subject to the standards set forth in this sign ordinance. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zoning districts when in compliance with the requirements of this sign ordinance. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the enforcement of the provisions of this sign ordinance. 1400.03 Severability. If any section, subsection, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. 1400.04 Definitions. The following words and terms, when used in this Sign Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: Subd. 1. Abandoned sign. Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (1) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established non - 2 59 conforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. Subd. 2. Animated Sign. A sign which includes action or motion. Subd. 3. Awning. A roof -like cover, often offabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects front a wall or roof of a structure primarily over a window, walk, or the like. Any part of an awning which also projects over a door shall be counted as an awning. Subd. 4. Awning Sign. A building sign or graphic printed on or in some fashion attached directly to the awning material. Subd. 5. Balloon Sign. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. Subd. 6. Billboard. A sign which directs attention to a business, community service or entertainment not exclusively related to the premises where such sign is located (See Subd. 39 of this Section). Subd. 7. Building. Any structure used or intended for supporting or sheltering any use or occupancy. Subd. 8. Building Sign. Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. Subd. 9. Business Frontage. The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Subd. 10. Cabinet sign. Any wall sign that is not of channel or individually mounted letter construction. Subd. 11. CanoDY. A permanent roof structure attached to and supported by the building. Subd. 12. Canopy Simon. Any sign that is part of or attached to a canopy and is based on business frontage. Subd. 13. Changeable Copy Sign. A sign, or a portion thereof, with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs do not include signs upon which characters, letters or illustrations change or rearrange only once in a 24-hour period. Subd. 14. Commercial Speech. Speech advertising a business profession commodity,_ service or entertainment. Subd. 15. Directional Sign. An on -premises sign designed to guide or direct pedestrian or vehicular traffic and a surface area not greater than five (5) square feet. Subd. 16. Electric Sign. Any sign containing electric wiring but not including signs illuminated by an exterior light source. Subd. 17. Electronic Message Sign. Any sign that displays a message electronically through the use of light emitting diodes (LED's). Subd. 18. Elevation. The view of the side, front, or rear of a given structure(s). Subd. 19. Elevation Area. The area of all walls that face any lot line. Subd. 20. Flag. Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices. Subd. 21. Tlashing-Sign. A directly or indirectly illuminated sign which exhibits changing light or color effect by any means, so as to provide intermittent illumination which includes the illusion of intermittent flashing light by means of animation. Also arty mode of lighting which resembles zooming, twinkling, or sparlding. Subd. 22. Freestanding Sign. Any sign which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. Subd. 23. Frontage. The line of contact of a property with the public right-of-way. Subd. 24. Grade. Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping and screening is not part of the final grade for sign height computation. Subd. 25. Ground Sign. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign, that has no visibility between the bottom of the sign and the base on which it is attached, and which has a total height not exceeding eight (8) feet, with landscaping to enhance the appearance of the signage. Subd. 26. Height o�Qn. The height of the sign shall be computed as the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign. Subd. 27. Identification Sign. A sign which is a non-commercial sign but is limited to the name, address, and number of a building, institution or person and to the activity carried on in the building or institution or the occupation of the person. Subd. 28. Illuminated Sign. A sign designed to give forth any artificial or reflected light, either directly from a source connected with the sign or indirectly from an artificial source, so shielded that no direct illumination from it is visible except on the sign and in its immediate proximity. 61 Subd. 29. Interior Sign. A sign which is located within the interior of any building, or within an enclosed lobby or court of any building. Subd. 30. Issuing Authority. The City Manager or designee. Subd. 31. Legally Established Non -Conforming Sign. Any sign and its support structure ti lawfully erected prior to the effective date of this ordinance which fails to conform to the requirements of this ordinance. A sign which was erected in accordance with a variance granted prior to the adoption of this ordinance and which does not comply with this ordinance shall be deemed to be a legal non -conforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. Subd. 32. Moor Anchor. A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Subd. 33. Marquee. Any permanent roof -like structure projecting beyond abuilding or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. Subd. 34. Marquee Sign. Any building sign painted, mounted, constructed or attached in any manner, on a marquee or made part of a marquee. Subd. 35. Monument Si n. Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight (8) feet. Subd. 36. Multiple Tenant Site. Any site which has more than one (1) tenant, and each tenant has a separate ground level exterior public entrance. Subd. 37. Non -Commercial Speech. Dissemination of messages not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. Subd. 38. O f Premise Sign. A commercial speech sign which directs the attention of the public to a business, activity conducted, or product sold or offered at a location not on the sante premises where such business sign is located. ror purposes of this sign ordinance, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off -premise sign. Subd. 39, On -Premise Messages. Identify or advertise an establishment, person, activity, goods, products or services located on the premises where the sign is installed. Subd. 40 Parapet (Wall). That portion of building wall that rises above the roof level. Subd. 41. Pedestal. A foundation or base of a ground or monument sign which either directly supports the signage or completely screens the supporting members of the sign. 62 Subd. 42. Person. An individual, firm, association, organization, partnership, trust, or corporation. Subd. 43. Portable Sign. Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. Subd. 44. Principal Building. The building in which the principal primar y use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Subd. 45. Professional Building. Any multi -story building of 50, 000 square feet or more occupied by professional, service-oriented businesses, such as legal clinical or health care -related retail or service establishments with parking provided on the tract of land for use in common by patrons and occupants. Subd. 46. Projecting Sian. Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than fifteen (15) inches beyond the surface or such building or wall face. Subd. 47. property Owrz _r. Legal owner of properly as officially recorded by Hennepin orRarnsey County. Subd. 48. Public Notices. Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. Subd. 49. Public Street Right -of -Way. The planned right-of-way for a public street. Subd. 50. Pylon Sign. Any freestanding sign which has its supportive structure(s) anchored in the ground, independent of any structure or object, and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. Subd. 51. Residential District. Any district zoned for residential uses Subd. 52. Roof The exterior surface and it supporting structure on the top of a building or structure. The structural make-up of which conforms to the roof structures, roof construction and roof covering sections of the Uniform Building Code. Subd. 53. Roof line. The upper -most edge of the roof or in the case of an extended facade or parapet, the upper -most height of said facade. Subd. 54. Roof Sign. A Sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level of the building to which it is attached, and which is wholly or partially supported by the building. 6 63 Subd. 55. Rotating Sign. A sign or portion of a sign which turns about on can axis. Subd. 56. Setback, Front. The minimum horizontal distance permitted between the public right-of-way and a structure on the premises. In instances in which a property fronts on more than one (1) street, front setbacks are required on all street frontages. Subd. 57. Setback, Rear. The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises. Subd. 58. Setback, Side. The minimum horizontal distance permitted between the side lot line and a structure on the premises. Subd. 59. Shinnmering Signs. A sign which refects an oscillating sometimes distorted visual image. Subd. 60. Shoppin Cp e11te1'. Any shopping center as defined in Section 1635.05, Subd. 8. Subd. 61. Sign. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Subd. 62. Sign Surface Area. The area in square feet of the sign including both sides upon, against, or through which the message of the sign is exhibited. Subd. 63. Sign Structure. Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. Subd. 64. Site. A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to.function as an integrated unit. Subd. 65. Street. A public highway, road, alley or thoroughfare. Subd. 66. Stringer. A line of string, rope, cording, or an equivalent to which is attached a number of pennants. Subd. 67. Strip Mall. Any group of four or more occupant retail or service establishments on one or more contiguous tracts of land in single ownership, compromising 7,500 to 75,000 square feet of floor area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 68. Suspended Sign. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. Subd. 69. Total Site Signage. The maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. Subd. 70. Te ®rrar�Sig_n. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. Subd. 71. Visible. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. Subd. 72. Wall. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. Subd. 73. Wall Sign. A flat sign which does not extend more than eighteen (18) inches from the face or wall of the building upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Subd. 74. Window Sill. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. 1400.05. Application. Subd. 1. Conformity. No sign may be erected, placed, altered or moved unless in conformity with this Chapter. Subd. 2. Other Code Provisions. Nothing in this Chapter may be taken to relieve any person from complying with the provisions of any other Chapter of the City Code. 1400.06. General Requirements. Subd. 1. Sign Permit Not Required. The changing of the advertising message of a painted or printed sign, theater marquee or a changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Chapter and any other applicable law or Section of this Code. Subd. 2. Hazard and Hazardous Signs. No sign may by reason of its location, color, or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No sign may contain words which might be construed as traffic controls, such as "Stop", "Caution", "Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. Any sign, signal, marking or device which purports to be or is an irritation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic -control device or any railroad sign or signal. Subd. 3. Framework of Signs. When possible, the framework for the lateral support of a sign must be contained within the sign's body or within the structure of the building to which it is attached so as not to be visible. The area within the framework of a sign shall 65 be used to calculate the square footage except that the width of a frame exceeding 12 inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall, fascia or awning or in such way as to be without a frame the dimensions for calculating the square footage shall be the area extending six inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, flags, pictures, wording, figures or other forms of graphics painted on or attached to windows, walls, awnings or free-standing structures are considered a sign and are included in calculating the overall square footage. Subd. 4. Placement of Signs. No sign, or attachment to it, may be erected, placed or maintained by any person on rocks, fences, or trees, nor in such a manner as to interfere with any electric lights, power, telephone or telegraph wires, or the supports thereof. Subd. 5. Maintenance. All signs, together with all of their supports, braces, guys and anchors, must be kept neatly painted and posted. Every sign must be maintained by the owner or person in charge of the sign in a clean, safe, sanitary, and inoffensive condition and free of litter, rubbish, and weeds. Subd. 6. hispections. All signs for which a permit is required may be inspected by the City Manager, and a permanent record, including photographs, may be maintained. The City Manager or the City Manager's designated representative may, after notice to the owner, enter upon any property to ascertain whether the provisions of this Chapter are being complied with. The City Manager may order the removal of any sign that is not maintained in accordance with this Chapter. In addition, the following inspections will be made: (1) All signs requiring footings must be inspected to insure that suitable footings as determined by the City Building Inspector in accordance with appropriate building codes have been used. Footing inspections will be required for all ground signs and pylon signs before these signs are installed. (2) Electrical signs must be installed in accordance with the current electrical code and a separate permit from the building official must be obtained prior to installation. Inspections will be required for any electric sign. Subd. 7. Illumination. External illumination for signs shall be so constructed and maintained that the source of light is not visible from the public right-of-way or residential property. Subd. 8. Non -Commercial Speech. Notwithstanding any other provisions of this sign ordinance, all signs of any size containing Non -Commercial Speech may be posted from August 1 in any general election year until ten (10) days following the general election and thirteen (13) weeks prior to any special election until ten (10) days following the special election. 1400.07 Prohibited Signs. In addition to the signs listed below, signs that are not specifically permitted in this Chapter are hereby prohibited. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically unauthorized and therefore prohibited: Subd. 1. Balcony Signs. Balcony signs and signs mounted or supported on a balcony. Subd. 2. Obstructing Signs. Any sign that obstructs any part of a doorway or fire escape. Subd. 3. Exterior Signs. Signs, including those intended for viewing only from the interior of a building but which can reasonably be viewed from exterior of the building, which by reason of position, shape, color, or any other characteristic would interfere with the proper function of a traffic sign or signal, or otherwise constitute a traffic or safety liazard. Subd. 4. Signs within the Public Right-of-way or Public Easement. Subd. 5. Mrlinu Devices. Subd. 6. Signs on Glass Doors. Signs on glass doors which have a total sign surface area exceeding 20% of the glass area of the door. . Subd. 7. Signs Near Lots. Signs other than wall signs which have any surface area or structural member closer than ten (10) feet to a side lot line. Subd. 8. Signs Near Property Lines. Signs which project beyond the property line of the property upon which the sign is located. Subd. 9. Signs Near Roofs. Signs projecting more than five (5) feet above the roof line of the structure to which it is affixed. Subd. 10. AdvertisingSigns. igns. Signs intended to be for the purpose of advertising in R-1, R -1A, R-2, R-3 and R4 districts, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building. Subd. 11. Signs on Walls. Wall signs having a sign surface area exceeding fifteen (15) percent of the area of the wall surface to which it is affixed. Subd. 12. Projecting Signs. Signs constructed so that the message or communication is not flat against the sign structure. Subd. 13. Signs Affixed to Utility Poles and Fences. Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers, fences or similar public structures. Subd. 14. Emitting Signs. Signs which emit sound, odor or visible matter. Subd. 15. Animated Signs. 10 Subd. 16. Flashing Signs. Flashing signs except any portion giving time, temperature or weather. Subd. 17. Signs Attached to a Vehicle. Vehicles with incorporated or attached signage parked primarily for use as a sign shall not be parked in any zone for more than seventy- two (72) hours. Subd. 18. Billboards. Subd. 19. Stens on Bus Shelters. All types of signs except for bus schedules and identification information. Subd. 20. Electronic Message Signs. Electronic message or changeable copy signs except public service signs in the Recreational Open Space District located on property that is owned by the City or Independent School District No. 282, Subd. 21. Offj rernise signs. Subd. 22. Portable signs. 1400,08 Signs Requiring No Permits. The following signs shall not require a permit, if they meet all other requirements of this Chapter. 'These exemptions, however, shall not be construed as relieving the owner of the sign frwn the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same. Subd. 1. Changing Display Surface. The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on-site changes involving sign painting elsewhere than directly on a building. Subd. 2. Signs(6) squarefeet or less in size. Subd. 3. Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than fifty (50) percent of the glass area, excluding doors, on such frontage and provided that a minimum of one-half (1/2) of the open window space must be below a horizontal line which is five (5) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not intended to be continued for a period of more than eight (8) weeks. Subd. 4. Directional Signs. Subd. 5. Signs Affixed on Benches at Public Bus Stops. Subd. 6. Replacement of Existing Commercial Identification Signs. A commercial identification sign designed to replace an existing commercial identification sign which lawfully exists under this Code, so long as the new sign has the same dimensions and is 11 67 in the same location as the existing sign, and is not prohibited sign under Section 1400.07. Subd. 7. 'Temporary Commercial Signs. Commercial signs that do not have a sign surface area in excess of thirty-two (32) square feet and which are erected or displayed for a period of time not to exceed thirty (30) days in any year. Permission of the City Manager must be obtained to erect such signs. If prior permission is not obtained from the City Manager, the sign must be removed immediately. Me. Subd. 8. Construction Signs. Signs denoting the architect, engineer or contractor when placed upon work under construction, provided that the total sign surface area of all such signs does not exceed the greater of twelve (12) square feet or a ratio of one (1) square foot of sign surface per one hundred (100) square feet of floor space in the construction project, up to a maximum of thirty-two (32) square feet. Staff suggests this be in requiring permit signs * Subd. 9. On -Site Temporary Subdivision Signs. One (1) on-site temporary sign advertising a group of lots for sale within a subdivision or group of houses for sale within a housing project, provided that the total area of such sign shall not exceed sixty- four (64) square feet with no single dimension in excess of sixteen (16) feet. The display of such sign shall be limited to a six (6) -month time period. At the expiration of such period, the applicant may request a further extension of time, otherwise the sign must be removed. Staff suggests this be in requiring permit signs * 1400.09 Si ng s Requiring Permits Subd. 1 Permits Required. No sign shall be erected, constructed, altered, reconstructed, maintained or moved in the City without first securing a perrnit from the City, other than those described in Section 1400.08. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Subd. 2. Permit Fees. A sign permit fee must be paid in accordance with Section 615. Subd. 3. Application for a Permit. Application for a permit shall be in writing on forms provided by the City and must be accompanied by a sign permit fee. The application shall contain the following information: (1) Names and addresses of the owners of the display structure and property. (2) The address at which any signs are to be erected or modified. (3) The lot, block and addition at which the signs are to be erected and the street on which they are to front. (4) A complete set of plans showing the necessary elevations, distances, dimensions to fully and clearly represent the construction and the placement of the signs, including dimensions of the wall surface of the building to which it is to be attached and linear footage of the right-of-way frontage of the building. 12 (5) The cost of the sign. (6) Type of sign (i.e. wall sign, monument sign) and if the sign is to be illuminated, the technical means by which this is to be accomplished. (7) Certification by applicant indicating the application complies with all requirements of the sign ordinance. (8) If the proposed sign is along a county road or state trunk highway, the application shall be accompanied by proof that the applicant has obtained a permit from the county or state for the sign (9) Where a shopping center comprehensive sign plan is proposed, the plan must include the location, size, height, color lighting and orientation of all signs. (10) When a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, grade level, dimensions of the berm, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within thirty (30) days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one (1) year of issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. Subd. 5. Shopping Centers/strip Mall/ Professional Building Comprehensive Sign Plan. A comprehensive sign plan must be provided for the whole of a shopping center, strip mall, or professional building development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive sign plan is submitted, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the sign plan as determined by the City Council. Comprehensive sign plans will be reviewed by the City Planning Commission which will forward a recommendation to the Council on the appropriateness of the proposed sign plan. 1400.10 Ground Signs. Ground signs are permitted in all districts but only to the extent permitted in this Section and in the District Schedules set forth in Section 1400.12 13 Subd. 1. Permit Anal eq on. A permit shall be applied for in accordance with Section 1400.09. Subd. 2. Height. A sign must not exceed eight (8) feet in height, including pedestal and any berming. Subd. 3. Surface Area: (1) Signs having one (1) copy surface may have up to thirty-four (34) square feet of surface area. (2) Signs having two (2) or more copy surfaces may have up to sixty-eight (68) square feet for all surfaces. 70 (3) Buildings with two (2) or more businesses/tenants shall be allowed an additional twelve (12) square feet for two (2) or more copy surfaces, for a total of eighty (80) square feet. Subd. 4. Landscaping. Ground signs must be landscaped. Landscaping may consist of shrubs, plants, rocks, or other decorative materials located around the pedestal. Subd. 5. Design and Location: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. (2) Signs must be located at least fifteen (15) feet from the curb line of any public street and cannot be placed within any street right-of-way or government easement. (3) The pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the member of tenants in the structure. 1400.11 Wall Signs. The sign surface area of a wall sign may not exceed fifteen (15) percent of the area of the wall to which it is applied. 1400.12 District Schedules. Signs shall be permitted as set forth in the following provisions: Subd. 1. Residential. The following signs are permitted in a residential district: (1) R-1, R-IA,and R-2. a. One (1) identification sign per dwelling unit per right-of-way frontage stating the street address, and/or the name of the resident. One (1) address sign may also be located on the curb in front of each dwelling unit or on a freestanding mailbox. 14 Only one (1) non-commercial sign with a maximum sign area of six (6) square feet per surface with a total area of twelve (12) square feet all sign area surfaces will be permitted per lot. Signs may not have any surface area or structural member closer than ten (10) feet to a side lot line or sited in a public right-of-way or public easement. a The following types of signs are not permitted in residential zoning districts: Awning signs ii. Balloon signs iii. Canopy signs iv. Flashing signs V. Marquee signs vi. Pole signs vii. Pylon signs viii. Shimmering signs (2) R-3 and R-4. Each multiple dwelling complex (nine (9) or more units) allowed one freestanding sign identifying the complex. The sign may not exceed fifty (50) square feet in sign surface area. The sign structure, including the sign surface area, may not exceed one hundred -fifty (150) square feet in area. The highest point of the sign may not be more than ten (10) feet above ground level. (3) Each church, temple, or synagogue located within the corporate limits of this City, subject to approval of size, location and type by the City Manager, may construct and maintain a maximum of three (3) directional signs on municipal rights-of-way. Not more than one (1) such sign may be installed or maintained at any intersection. (4) Each of the following may installed and maintain one (1) ground sign subject to the provisions of Section 1400.01 on the property to which the sign pertains: (a) Schools and publicly owned facilities listed in Section 1615.02(b) and (c); and Section 1616.02(b) and (c). (b) Churches, temples, synagogues, and City buildings listed in Section 1615.03(a) and (e); and Section 1616.03(b). 15 71 Subd. 2. Commercial and Limited Business. The following signs are allowed in a "B" Service Office Limited Business District and "C" Commercial Districts and may be installed after obtaining a permit and paying a required license fee. 72 (1) One (1) identification sign per right-of-way frontage per commercial establishment. The sign may have no more than two (2) square feet of surface area per lineal foot of business frontage, up to a maximum of one hundred fifty (150) square feet. The total area of all wall signs affixed to a wall may not exceed fifteen (15) percent of the total area of that wall. (2) A gasoline station will be allowed, in addition to all other authorized signs, one (1) pylon sign to identify the gasoline brand. This sign may not exceed thirty (30) feet in height, and must have a minimum clearance of eight (8) from the basic grade level to the lowest element of the sign surface and may not exceed one hundred -fifty (150) square feet in sign surface area. Such an establishment will be allowed one (1) price sign for each frontage having a curb cut. Such a freestanding sign will be in addition to those signs allowed in paragraph one (1) of this Subdivision. (3) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over seventy five thousand (75, 000) square feet may have major anchor/tenant ground sign(s) depending upon the number of major anchors. The total sign area shall not exceed three hundred (300) square feet. (4) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over seventy-five thousand (75, 000) square feet may be allowed additional wall signs for commercial establishments that need additional exposure from different vantage points. The number of additional wall signs will not exceed one-half (112) the total number of commercial establishments and will be allowed a surface sign area of one-half (1/2) of that which is allowed. (5) A commercial establishment located within a shopping center, having no outside frontage, will be allowed a surface sign area of one-half (112) of that which it would be allowed if it had outside frontage. (6) Commercial establishments will be allowed, in addition to all other authorized signs, one (1) historical identification symbol, not exceeding five (5) square feet in sign surface area. (7) Subject to approval of the City Council, and as a conditional use, a movie theater may have a marquee. The total sign area for a marquee sign shall not exceed two hundred (200) square feet. (8) Subject to approval of the City Council, and submittal of a comprehensive sign plan, a strip mall under seventy-five thousand (75, 000) square feet 16 and a shopping center over seventy-five thousand (75, 000) square feet, may be allowed a ground sign with a surface sign area not to exceed one hundred -fifty (150) square feet. (9) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a major anchor/tenant over fifty thousand (50,000) square feet in a shopping center over seventy-five thousand (75, 000) square feet may have a wall sign that is up to four (4) times the sign surface area of which is allowed for other commercial establishments. (10) Subject to approval of the City Manager, a searchlight is permitted for a special event. Subd. 3. Lialtt..Industriat. The following signs are permitted in a Light Industrial District and may be installed after obtaining a permit and paying required license fee. (1) One business or identification canopy or wall sign per right -of --way frontage as regulated in Subsection 1400.12, Subd. 2 (1) and one fi•ecstanding sign as regulated and permitted in Subsection 1400.10. (2) In a district zoned for light industrial businesses, signs containing one (1) square foot for every one hundred (100) square feet of ground floor space will be allowed up to a total sign surface area of one hundred -fifty (150) square feet. Subd. 4. Recreational Open Space. The following signs are permitted in a Recreational Open Space District and may be constructed after obtaining a permit and paying the required license fee. (1) Subject to approval of the City Council, only ground and wall signs are allowed in this district. The ground sign may have a sign surface area not to exceed one hundred -fifty (150) square feet. (2) Subject to the approval of the City Council, and as a conditional use, electronic message signs are allowed in this district. The procedures contained in Section 1605.04, shall apply to the issuance of a conditional use permit for an electronic message sign. The conditions with respect to the issuance of any conditional use permit for an electronic message sign shall cover at least the following: a. The sign shall not be permitted to flash or contain any animation. b. The hours of operation of the sign; provided, that in no event shall the sign be permitted to be operated between the hours of 10:00 PM and 6:00 AM. c. The message changeability shall be limited to the minimum amount of changes required to accomplish the purpose of the sign. 17 73 d. Aesthetics of sign, including, but not limited to, message color, size of message board and sign, construction materials and landscaping. C. Location of sign with regard to surrounding area. Sign may only be used to promote items of general interest to community. 1400.13 Adjustments and Appeals. Subd. 1. Composition. The commission of adjustments and appeals will be comprised of all of the members of the Planning Commission. Subd. 2. Powers and Duties. The commission will hear and make recommendations to the Council regarding: (1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter. (2) Petitions for variances from the literal provisions of ordinances in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. The commission may recommend the granting of such variances only when it appears upon evidence presented that: a. 'rho granting of the variance will not be detrimental to the other property in the neighborhood or City; and b. A particular hardship to the applicant would result if the strict letter of the regulations are adhered to; or c. The conditions upon which the application for a variance is based are unique to the sign or to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same land use classification. 1400.14 Variances. Subd. 1. Variances Granted. Variances may be granted by the City Council after a public hearing is held by the Planning Commission and a recommendation is made to the City Council. Notices will be given, and a public hearing will be held, in the manner provided in Subsection 1670.06. The installation of sign(s) must take place within one (1) year after a variance has been granted by the City Council. Subd. 2. Majority Vote. A majority affirmative vote of the City Council members present is required to approve a variance. Subd. 3. Pee. An application for a variance must be accompanied by the fee provided in Section 615. IN 74 1400.15 Non -Conforming Signs. 75 Subd. 1. Legal Conforming. All signs existing as of January 1, 2009 conforming to the requirements of this Chapter and not requiring a permit under the provisions of this Chapter, may be maintained so long as they continue to comply with the provisions of this Chapter, as it may from time to time be amended. Subd. 2. Legal Non-ConformingSigns. igns. All signs existing as ofJanuary 1, 2009, which would be prohibited by this Chapter, or which would require a permit tinder this Chapter but have not received a permit, will be deemed to be legal non -conforming signs. Legal non- conforming signs may continue to exist without a permit and without constituting a violation of this Chapter until one or more of the following occurs: (1) The sign is structurally altered (except for normal maintenance) in a way which makes the sign less in compliance with this Chapter than it was before the alteration. (2) The sign is relocated to a position making it less in compliance with this Chapter than it was before the relocation. (3) The sign is replaced. (4) Any new primary sign is constructed or placed in connection with the enterprise using the legal non -conforming sign. 1400.16 Enforcement. If a sign is in violation of this Chapter, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the City manager may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation to the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. In the event of failure to comply with the notice within thirty (30) days, the City manager may remove the sign or cause such remedial work to be done. The cost of the work performed by the City must be paid to the City by the owner of the property on which the sign is located . If payment is not made within thirty (30) days after a statement for such costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County Treasurer for collection in the same manner as real estate taxes. If a sign which has been removed is not reclaimed and costs paid within thirty (30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the property owner of the property on which the sign is located as soon as possible. 1400.17 Retroactive Affect. This sign ordinance shall apply to all sign applications applied for and/or pending prior to its enactment. 19 These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: City Clerk Publish: Mayor 20 76 77 Staff Report To: Mike Mornson From: John Malenick, s=ire Chief Date: March 18, 2008 Re: Department of Property Maintenance and related Ordinance Changes The establishment of the Department of Property Maintenance within the Fire Department will require several steps and changes to our current city ordinances. Primary to accomplishing this is the adoption of the International Property Maintenance Code (IPMC). In addition, we are proposing a new section (1336) to our ordinances that will specifically govern all rental residential property including single family dwellings and amending our current Housing Maintenance ordinance (1335) to govern all residential and commercial properties in regard to maintenance and appearance. To enforce these changes will require a more formal inspection program which would be governed by the IPMC with regard to administration and procedure. A Deputy Code Official will be required to perform annual inspections prior to the approval of rental housing licenses. New in this process would be the review of disorderly conduct violations and the ability to revoke licenses for non-compliance. In addition, a new appeals process has been added to allow for erroneous interpretation of our codes by inspectors, owners or occupants. We are also proposing that this new department have a separate budget, controlled by the Fire Chief, similar to the Emergency Management budget. Funding for this budget could be derived from rental property licensing fees, Currently, our fee structure is considerably lower than market rate and does not include single family or duplex rental properties. In addition, the possibility exists to develop a fee structure that would include leased land within manufactured home parks. At this time, a phone survey of neighboring communities revealed that we would be breaking new ground on this issue and that legal advice should be pursued prior to recommending a fee schedule for leased land. Regardless, an increase in fees and the inclusion of all rental property should be more than adequate to fund the new inspection activities. s Rage 1 W' Included for your review are the changes for chapter 1335, the new proposed 1336 for rental property, a copy of the IPMC, a proposal for a rental property fee schedule and a proposed budget for enforcement. 1 believe the next steps toward adopting these changes should be a review by City Council, Planning Commission and legal advisor prior to the formal introduction and readings at a council meeting. Thank you for your consideration. Staff: involved: Kim Moore -Sykes, Barb Suciu, Rick Lundeen, John Malenick Attachments: - Proposed Sections 1335 — amends IPMC, some deleted sections referring to rental property moved to section 1336, some deleted sections duplicated in IPMC - Proposed Section 1336 amends and adds to IPMC - International Property Maintenance Code 2006 - Proposed Rental Property Licensing Fee structure - Proposed budget for Property Maintenance Department 0 Page 2 Much 2008 Adopt proposed Section 1336; Rental Dwelling. u Modify Section 1335; Property Maintenance ® Change fees for rental properties to be current with surrounding cities allowing the Property Maintenance department to be self-funded. 79 11 Section 1.3369 Rental Dwellings o Adoption of the 2006 International Dousing Maintenance Code. (1336.00 Subd.3) Some areas of the this code will be modified within section 1336 to reflect current St. Anthony code. ra Establish a Division of Property Maintenance under the direction of the Dire Department. (Similar to Emergency Management) (IPMC see. 103) Section 13369 Rental Dwellings (continued) 0 Licensing Provisions (1336.03) New fee structure to replace section 550 and 570 and include all duplex and single family homes Li Inspection Program (1336.07) License contingent upon code compliance Anticipated starting date is May 2008. Appoint new deputy code official WO 2 Section 13369 Rental Dwellings (continued) a Conduct Violations (1336.08) First Violation Second Violation Third Violation L� Hearing Procedure (1336.10) 'This ordinance would designate the City Council as the Board of Appeals. CODE ENFORCEMENT GEN. FUND 2000 9UDOC-T LICENSING FEES Imw olnlon) gngw0 PF_RSONAL SER4ICES tOt t0 ')'l'!'YJ-t1'14 S'gIA iIL-S' 1.1: Y 1Y FFNSION SUPPLIES l0'1=YiYYI-2IE .S'VI�PI_II=S OTHER SERVIC.F_S 101-Y)i,i o CONSULTING/LE'OAL 10t-YlYYt-3:i1 COMM UNIC11'ION1 101-'TIYI'J-334P131NTB PV131151i, 101-1l -341 TRgV./SCHOOI/(:ONF. CAPITAL EXPENSES 10111-4 5 3 MAOI i.8 GOU11-. TOTAL CODE ENFORCEMENT BALANCE 52,0 s5oo 5300 5000 SO 81 3 Section 1335; Property Maintenance rl Add reference to IPMC as applicable to all property o Delete language redundant between IPMC section 1336 and 1335 0 Proposed Pee Structure Rental Current $150 Fee Units 7 per unit $10 per unit Multiple Dwellings (39) 1288 $9,016 $18,730.00 Single Fancily 16 $0 $2,400.00 Duplexes (unflsxree)(26) 51 $0 $7,650.00 Mobile Home hark 181 $0 $0.00 Total Fees $9,016 $28,780.00 Section 1335; Property Maintenance rl Add reference to IPMC as applicable to all property o Delete language redundant between IPMC section 1336 and 1335 0 r ❑ Redefine Maximum Occupancy (1335.18) CI Temporary Storage Units (1335.17 Subd.14) ❑ Garbage Cans in Front 'Yard (1335.07) ❑ Number of Cars parked in driveways (chapter 16 ?) I March 18, 2008 Mr. Michael Morrison City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 D [DORSEY DORSEY 8 WHITNEY LLP JEROME P. GILLIGAN (612)340-2962 FAX (612) 340-2643 gilligan.jeromc@dorsey.com Rc: Amendments to housing Maintenance Provisions of City Code Dear Mr. Mornson: At your request I have reviewed the ordinance amending Section 1335 of the City Code and adding a new Section 1336 to the Code. The proposed amendment to Section 1335 adopts the International Property Maintenance Code, 2006 Edition as part of the City Code and makes certain related amendments to the City Code as well as other revisions. Section 1336 provides for a rental housing licensing and inspection program. From my legal review I do not see any issues at this time with the amendments to Section 1335 and adoption of Section 1336. Since the ordinance will require three readings, I will continue to review and I may have further revisions. however, at this time I believe the City Council should give first reading to the ordinance approving the amendments to Section 1335 and, if the Council from a policy standpoint wishes to provide for a rental housing license and inspection program, Section 1336 of the City Code. Should you have any questions at this time, please call me. JPG/pmh Yours Truly, J ro e P. Gilligan DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340,2600 • F 612.340.2868 SUITE 1500 • 50 SOUTH SIXTH STREET - MINNEAPOLIS, MINNESOTA 55402-1498 USA CANADA EUROPE ASIA CITY OF ST. ANTHONY VILLAGE Ordinance 08-003 SECTION 1335 —HOUSING MAINTENANCE AND OCCUPANCY 1335.01 Purpose. The purpose of this Section 1335 to protect the public health, safety, and general welfare. These general objectives include, among others, the following: (a) Protect the character and stability of residential areas within the City. (b) Correct and prevent housing conditions likely to adversely affect the well-being of persons occupying dwellings within the City. (c) Provide minimum standards for cooling, heating, sanitary equipment, light and ventilation. (d) Prevent the overcrowding, slums and blight, and preserve the value of land and buildings. It is not the intention of the City to intrude upon the contractual relationship between tenant and landlord, to intervene as an advocate of either party, to act as an arbiter, or to deal with complaints covered by this Section 1335. 1335.02 Applicability. Every building and its premises used in whole or in part as a home or residence or as a residential accessory structure. If a provision of this Section is in conflict with state codes, the state codes will govern. . 1335.025 Adoption ofI'ropertyMaintenance Code. The International Property Maintenance Code, the most current edition„ as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Section. Nothing in this section or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. 1335.03 Definitions. The following terms will have the following meanings in this Section 1335. Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not authorized to be used for living or sleeping by human occupants. Subd. 2. Apartment Building. A structure designed to accommodate three or more dwelling units. Subd. 3. Compliance Enforcement Official. The City Manager and designated agents authorized to administer and enforce this Section 1335. Subd. 4. Composting. Accumulation of yard waste to be decomposed. M Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including 1 -family dwellings, 2 -family dwellings, apartment buildings and rooming units, but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally attached, it will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1335 to the same extent as the owner. Subd. 17. Permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. M. Subd. 18. Person. An individual, firm, partnership, association, corporation or joint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage and rubbish. Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease Subd. 23. Reuair. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter. Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 26. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 27. implied. Paid, furnished or provided by, or under the control of, an owner or operator. Subd. 28. Interpretation. Whenever the words "dwelling", "dwelling unit", "premises, or `structure" are used in this Section 1335, they will be deemed to be followed by the words "or any part thereof". Section 1335.04 Responsibilities of Owners and Occupants. No owner or other person may occupy or let to another person any dwelling, unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable requirements of the City Code and state and federal laws and regulations., and International Property Maintenance Code. Seetion 1335.05 Shared n..eas o.,,,....ownerofa-dwe ing-E9 ^aihe-S1iai-e4-0r publieafeas-of4h A•• ell n c4ean-and sanitary eondition. Section 1 z=o=. -335.06-^o erliens e€the d�llh}g and premises he r•-she-eeeapies in aAearrand-sari' i n-.. Section 1335.07 Refuse and Recyclables. Every occupant must store and dispose of or recycle all refuse any recyclables in a clean, sanitary and safe manner as prescribed by City ordinances. Every owner of an apartment building must supply facilities for the sanitary and safe storage MO -Me and/or disposal or recycling or refuse and recyclables. The storage of refuse and recyclable collection items may not be kept in the front yard setback without approved screening or fencing. Section 1335.08 Storage of Wood. Wood used for fireplaces must be stacked in a location other than the front yard setback. Section 1335.09 Storm and Screen Doors and Windows. The owner of a rental unit is responsible for providing and hanging all screens and storm doors and storm windows required under Section 1335. ,Section � r�-ESi�3C-t6iiilixittiAx—�"FAt�+-AEEHpain�-0f-a�inglE�iH-1y dwelling-is-i•Espoxslble-fsi-+he-e�tcrmiiiatiAx-ef-voij{{in-i{{festatiexs-<�iidfer{adepts ex-tlie promises-9ther dwelkng-eeexpaxts are-itspensiblE fereueh e �terni3i�tatiox rf Ebeii�init is tke oi�13�AxE-iii£c-sted�f i{nfestation-i�Eauscd-by-lkne�a}luit�ef-tbe-ewinErte-nnaiiihiii3-a-dwelling-iira rodent-pieef-Eoxditiei��{�i{n1tiox-is-tl{E-i Eeponsihilit3=-of-tknE ewiter—I-f-ix-festatiAx-ea�ists-i{n two-er-more-un is4n--ono-dwelling, or -in -lie -shared or -public pails-Aft-dwelling,-ex-te-iiiination-is the-r'esp oxsil3i lit}�e:'-a.o-AvPi;Et ,Se-etien- 33544 Red,ant44,t -beritge o eEEupaint may aEeutinulatE boa Es lurxber serap-metal Arotl3er-matierials-whieli-xray-provide-aiodext baiboitgo-orp{Avid©-feed-fonedExts: Se-otdAx-1333T<��naitldixu—i{n-evtn>y-dwAllir{g-tont-er-n-0onting-udt-when-tine-soxtYel-o-f tbc-supplied-beat-is-tlno-respeiielbility-Af-a persotretiiertlran�lnA ACEupai�t; the stitnply-rnntrst-bo zoned- controlled a' aI empeiatursd�abrexlieit-0i-sti4i-lessor temp erat{tre regeife�mment autlierit} maintaiined atzl distaxse Af three feet abo-ve tlnE fie oi axd'b Ee ft€reni e teriAi�valls ix all liabitablc�rooms batltreoms aiid tenle reeriis Section 1335.13 Removal of Snow and Ice.Tli wwnc Af a; apa ane �lditig is -responsible for -the temEval ofs- and iEe from parking -lot ^ ^ n' Viand -walkways -on -the 11 premises-l{nd:••rriuui- o f lls-vr^ ^r 4tniee4nebes-Or more, of successive M accumulating to �tbre�iiic ems bc={emeved frerx parking lets and drivewRhiii-24bAurs-after eessation of �11I `n . Individual Ewfalls-ef Aru -ineAi7Ee­snew€alls aE ..n..iat;ng to dept, of one-: inlcr �must be-reineed--free- ik. s and -walkways -within 11 .ten tifw-r=cCssasro^rnrvf now all. Sectio: 1'"c�-l:�r.a:�-ea�irt�-T'he-onvxcz-of ax.-apart:��-ntou'�ld:~�dc-und mai ..4.,; „ff,n4:..n :71.,.«;«.,tton-iii-all-exterior parking 1..4,. an �,.,.... ar4du . d Svcs -an ruyrp �-a�&ia driveways. �"On 1'2'1[ 1 [ 12.,..,. R�piiiEiit-and n,. n:t�-uorn 123: i�:v=pC`�n"•,«••coag , ^ ia;Atlier-fflr Ec-eupane anyter dulling-unit-whie[Aees net c-einp�itli-all of the following. vuov—a—itncn., cnraca—A-rAAlln6rpEizxmroi-a �'^^�'n fbod-fflii.y-i3eTrepared 3ridlBr-G9eked and wbiEb lhtS a 7 ^ a ea axdIs quipped with f (-a\ A kitchen sink ri ood-we'-i dition and pfo, t`• eetuieete tO�Ed \ � �' xY"'Y"i-rytiv' �i.A-'1xT'i131i v_ ^ «,.system, which pro late amount r1 ^ 4^d axd_uirhEated M runrang- ater under -pressure -and wlxAk is conneeted to anapproved-saxiitary sewer: (b)----Caliiriels axdlorslrel; es farthcYstarage f eating, dra-ndxgand Beek-ing equilx eiit arid-utensils-and-of400d-that-does-net-regtrrre-refi4genttten-an", eeuxter er t rblc fat ood i3repai atien of seund c-enstruetioa, with surfaces -that -ate Basi13 Clca}xtble and wiN stet impatttome or den tcriaas affect to feed (e� stave and re£rit er terpteporl3�ixstal}ed for -safe; saaritar"iid-ef4ieient open rtiAx-t-ebe-provicicd-by-the-owiier-and-eeeupant Sabd-2 ---- Tbilet4zaeifil es A separate reon3 equi}�ped with a fltrslNeilet iti geed�verlcrtg eonditior3-with-e s'�cleanabk-sm£aees cer�r�eot�3ppre ed and adegtraie water systexlzixd-Aem3octcd-tozrx-appteved-sewer•-systerx-li�r-rentak-dwellirig�-unit; srrek-roerrt xatsN}ave an eR ranee-doer-wbieh-affords-privae--y. Subdaatairrk A laatary sink etthorr� tho-sax3e roerrras the taiiAt er-itreluso proximit3+-to-lhe�Aor�lead3tig�-diiac�l3� ince-the-tenet-reexi; c-exxec-teEl-ta-an�rppro-ved watat supply-systerx and provitlirtg adegm�te �txet efheated and ttrrheatedRMHErrg water_uxdaryxessuto tnd sonnec�ed to an approvtisterrr- Subd-4-1- tthtub-ofShewer-Arn b abn oemequippedauith-abatht-trb-or-sho-wer- itrgoed working senditiAn eorinec d a a approved water supply system-aad-providing adequate heated and unheated water uxde d eorrrr '� A w. approved -sewer s3 ste=t= lrra rental divelm g unit the root:= �us�ha ee deer which affords Subd tairway Perches and balconies &taiga""ins de or outside, keept ii. sat: condition, anon, Sound -rep=iiizlxd-lii-Eex3plianee-with-tll�tii-%r", n•-�va.idiizg-cade ��n"" nrght of„ stairs aii4-ever"oro4+-and-bate-any-fleerrnust be-free-e£deterier�tiAn.- ti-r�-handrai-1 and--balastrad�ust-b ftxrrly-fastened acrdnraixtaitred rn goed-eenditiar-�xeept for spiral -and -winding stairways; the t=oads and risers e€ every Right o�stairs-, .usrbe utriform: width and height. Subd-(-.4z;,ss��,-ss�vrthAutpassntg-t''..�tw��a�i� Subdue. beeks and Se r-eersShall-be-egtuippca .:«t, safe, functioning le. ees / paftmet4btiildiiigs..,urst-al9A-lxelxde i 4•'—ntfll lln;tr�ovro�-"w'it�'rm-ad- leelHtrgbeltthat caxtxet be retract by d pressure, opbl8r, tt, ..iran�io.,-.-ern.'��' the f tis. "es�r-any-special knowldge or -meet. Subd. 8. Sump Pumps. (a) Purpose. The discharge of water from roofs, surfaces, groundwater sump pumps, footing tile, swimming pools, or other flow of precipitation into the City system results in flooding and overloading of the sanitary sewer system. When this water is discharged into the sanitary sewer system, it is treated at the sewage treatment plant, resulting in very large and needless expenditures. The City Council, therefore, finds it in the best interest of the City to prohibit such discharges. AWA (b) Discharge Prohibited. No water from any roof, surface, groundwater sump pump, footing tile, swimming pool, or other flow of storm water shall be discharged into the sanitary sewer system. Dwellings and other buildings and structures which require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system, may have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. A permanent installation shall be one which provides for year round discharge capability to either the outside of the dwelling, building, or structure, or is connected to City storm sewer or discharge through the curb and gutter to the street. hrside piping shall be rigid pipe with fixed joints, pvc or equivalent. (c) Disconnection. Before December 31, 1999, any person, firm, or corporation having a roof surface, groundwater sump pump, footing tile, or swimming pool now connected and/or discharging into the sanitary sewer system shall be disconnected from the sanitary sewer and redirected in an effective, professional manner. Unless inspected prior to then, they may have 45 days to make the disconnection. (d) Ins)ection. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow an employee of the City of St. Anthony or a designated representative of the City to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this ordinance. (e) Correction Period - Reinspection. Properties which fail during the first inspection shall be re -inspected within 45 days to allow corrections to be completed. If property fails the re -inspection, the $100.00 per month surcharge shall be imposed on every sewer bill until compliance is achieved. (f) Future Inspections. Each sump pump or sump pump basket installation identified will be re -inspected periodically. (g) New Construction. All new dwellings with sumps for which a building permit is issued after adoption of this ordinance, shall have a pump and shall be piped to the outside of the dwelling, in accordance with this ordinance, before a certificate of occupancy is issued. (h) Surcharge. A surcharge of $100.00, per month is hereby imposed on every sewer bill mailed, after a 30 day grace period following inspection or confirmed attempt at inspection, to property owners who are not in compliance with this ordinance or who have refused to allow their property to be inspected to determine if there is compliance. All properties found during periodic re -inspection to have violated this ordinance will be subject to the $100.00 per month surcharge for all months between the two most recent inspections. 91 (h) Winter Discharge. The City Manager's office is authorized to issue a permit to allow a property owner to discharge Surface Water into the sanitary sewer system. The permit shall authorize such discharge only from November 15 to March 15 and a property owner is required to meet at lease one of the following criteria in order to obtain a permit: (1) The freezing of the surface water discharge from the sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. (2) The property owner has demonstrated that there is a clanger that the sump pump discharge pipes will freeze up and result in either failure or damage to the sump pump unit or cause basement flooding. (3) The water being discharged from the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Subd. 9. Manual and Automatic Check Valves. Check valves if necessary to prevent sewer back-flow. Prior to the closing of the sale of a dwelling, the seller shall request that a sanitary sewer line to the main street line be inspected for manual and automatic check valves. If the Compliance Officer determines that both manual and automatic check valves are necessary to prevent back-flow, the situation must be corrected before the dwelling is considered in compliance to be sold. Subd. ew. lure-safet-y-equipment, I. asnre-e*tmguishers, .rake -alarms and eth gaircd by State J re Cede _ L • e • L e o. R RU Man MMMMMIMMMM. r e: s: • r L C ------------ all RONNIE,0 Will 6 WIN C L. 92 di�i:aliEe--l:1zzc;��-a'ivei�e-1•ieel-l.,1-'^,i-&x �ini�e- t-ft-om exteriorl ", e tetxperatue e£ LS degrees falx ^ ' "'ate o ectiic seolc-rxg-orwak�;�=;?n,-Qaab�purposes-will-xet-lie eexside�ed-as-lieattxg-facil+ties; axd portable-lleakmg-equipment-is- rehibited�A-spae"eater employing " v-ented-eatside-tha structut in approved manxeris p�el�ibiteci: Section 1335.17 General Requirements. No person may occupy or let to another for occupancy any dwelling or dwelling unit which does not comply with the following: Sttbd-l-Foutldations ;- OFAValts axd eels. eke feuB �tiet� of -walls and exterior-reo be­-subbstaHti 4yl water-tight-axd-lit�etee-ted-against- crxtitrand-redexts axd-tn-seuxd-c-exclitieit-a3td-repair-'l'ke€e�u3dation-�xust-ade�trately-suppert tltc-l>uild��g atoll peltas li ory e eerier wall must be face e£ deter i� once. eak", loose -or t�ttai}�-boatds-ei-titxber�-atld axy-otker cexclit}oxh-migk�admit-mitt-erdatn}3xess-te fke intetier portie�t of eke walls of to eke-exter4fa-spaces el eke dwt ling ke roefxiast be tight axd haetto defects wli'eh radntit rain and roe€dtinage xtuat�io adec}xato- to provext rait3 wttei firm causistg da3xpness�x the w �llsll eterorwoed s+3tfacos outer tfiatrdec-a�+tesistzzxt-woods�xus�be-protectted-ft�orx-the-elcmexts and-dcc-ay-by-paint-er other-preteetive-er-tre8ttxei'', r"� 'paH+t-i*-IS-felElU}red ;4'1S01 e�tei iei-siarfaoe-is uttpaittted-or-deterxtixeel-bye-tkie-C-enrpliat�e-9ffieial-te-be-palxt blistered-I-25%-ot-nxore or -eke e tei iorsutfase o€ flee puixtitig e€ any bi iok ltlesloor stexe-wall-is-loose-o3-bt�s-fallen-out-thc-sat=fase-ixust-be-repair ed- Subd Wittclew Beers axd Ssreexs eery -window ux44eiierdoor-and-hate4away rxaist-be3uk�staxtially-tight-axd-ix souxd-eoxdltiex-axd-repay-Ruery-wixdew; otlierthan a-it�ed-window-or-stertr�ixdow�xust-he eapahlo efkeittg-ea"�ily-epv^n;,'-«-; =� ori winde�v-doer axd nust be eoxstrueted axd ma n a He n sue F atien404he ad3a ^� all eonstruetian-as-te c i plea lyxeltiAe rai;,'-.n re:, d vc rnrin axd iedents ftoxt entering flee onildi b yopex able wixd a • - use be suppked�ith �c ow or onn-r�� mesh- screens during th -insect season of aneSh-sme— d-for-in-the-U+I+fer-rx building-Gede: 93 Subd -T,10 r$, intet.;or 11111-a"S anfloor, •, to ..11 an . i1mg must passage and -harborage arrd-rodents; and kept-in�oar�d-eonditien-an�eed-�epaii•-1;�vv�Aeer-must-be-€roe-e£-lsesel-warped; pretru.]:ng o .,.,�le 17......:.,g mat-�-F—S. tir-`y'-'irrte.•'.... .. ,..11 and ceiling ,,,...., 1.�'-fr'88-6f holes—td-large-c-raeks and Iease`plaster ,.n besRaintained-iu-a-trght weatherp%ef eendtkion-fox-ic-pain4=and-r�aterials�itlt-a lastingto�io effect-�na3r-net-be�is��y Collet-ream-and-batlxesm-Aoormast-be�aprrb�e€being-Basil-y-maintahred-in a -c -lean -and sarri�ary-sendi�ien: Subd. 4-I?<eddwcl.......nd aecessor strt ettne and the }�mises upon wkic-lr-lac-atcd-mus�be3�aint�rirred-iu-,�redent fiee-and-reden�iree€s^.,,Kith-all epenings-ir�theexterior-u�all�feundatiiens� baseirrents�,Y+ourrd-erfirst-f�eors; and -roofs which have a 1/�ixelr diameter er large epenirrg rodent proo r m ppreveE4 raarxrer- Interior floors er basements liars and other areas in centaet with the sei� must be paved with-eonei oto of-othert�odent iiupervions ruateriak� Subd. 5. Fence Maintenance. Fences may consist only of metal, wood, masonry, or other decay resistant material, maintained in good condition both in appearance and in structure, solely on the owner's property, with all wood material other than decay resistant varieties with paint or other preservatives Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, and repair is required if 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Posts and framework must face the owner's property, with the finished material facing the street or adjacent property. Subd. 6. Accessory Structure Maintenance. Aeoessory structures supplied by -the- owr agent ere^pari must be strut ^'tea y sound, cd_in,goedrepair and appearanee, weatAi of . riot ,.t^. t materials .,1 as paint o eiherpresc3rvatives. Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, the surface must be painted and repair is required. If 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. SUbA CSaf6agy Building Ekmeirs-vverr'riotn`tirrcativt'on,—foof,floor;-e*teCHo9r-and-inierler all ^.dings inside and outside stair, every „ rfid balcony, acid--every-appurter mee theretow,lu., ..st b" safe to and ablf,. ppm:,,, loadsthatnormalmay.. .. . t be-plaeed4hei-- . Subd. 9. Grading and Drainage. Every yard, court, passageway and other portions of the premises must be graded and drained so as to be free of standing water. Draining cannot impact neighboring properties as specified in section 1650.03 (h). WA. Subd. 10. Unit Below Grade. No space located more than four feet below grade may be used as a habitable room of a dwelling unless approved by the Ge�ee Building Official. Subd. 11. Yard Cover. Every yard of premises on which a dwelling stands must be covered by lawns and/or ground cover of vegetation, gardens, hedges, shrubbery or related decorative materials and must be maintained. No land owner may permit or maintain on the land any growth of weeds, grass, brush or other rank vegetation to an average height greater than six inches, any accumulation of: dead weeds, grass or brush, or any noxious weeds or plants as defined by the Minnesota Department of Agriculture. Subd. 12. Composting. Composting is permitted only if: (1) it is conducted in enclosed containers not over five feet in height with an aggregate volume of not more than 100 cubic feet, made of durable material such as wood, block or sturdy metal fencing located at least five feet from lot lines and no closer than 20 feet from any habitable building, other than the resident's own home, and no closer than two feet from any alley; (2) only organic yard materials, such as grass clippings, leaves, flowers, weeds, sawdust, wood ash, plant trimmings, straw and commercial composting material, are put in the compost containers; (3) no meat, bones, fat, oils, dairy products or other kitchen wastes, whole branches, logs, plastics, synthetic fibers, human or pet wastes, or diseased plants are put in the containers; (4) composting is managed to minimize odor and promote effective composition. Subd. 13. Trees and Brush. Trees and brush must be trimmed so as not to interfere with public walkway or right-of-way access or driving sightlines. Subd. 14. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. Subd. 14. Temporary Storage Units. Temporary storage units including dumpsters are permitted for no more than 120 days in a calendar year and must be maintained in good repair and appearance. One (1) temporary storage unit is allowed at any residential property. Temporary storage units must be place on paved surfaces and a minimum of 10 feet from all property lines. Section 1335.18 Maximum Occupancy, Minimum Space, Access. No person may occupy or permit to be occupied any dwelling which does not comply with the following: Subd. 1. Maximum Occupancy. Exeept-€ewners-whe-have-e cups^a ^ dwelling 49404hC-mwdmim-,oeenpano Code. will be A .11 d --till de' �1 e curfend 6 1— 2 Occupants 3 -- 5 Occupants G or more occupants Living Room No Requirement 120 sq. feet 150 sq. feet Dining Room No Requirement 80 sq. feet 100 sq. feet Bed Room 70 sq. feet 50 sq. ft. per person 50 sq. ft. per person 29 �id. 2. On L�s"l...l,i Not vciavru *yam''^ iv^n@-€a•••r�cy-vu�i-'n'B e 3t -fat= teen}sora}-y� y oeeury-a-dwel4ing-unit- Subd. 3. ' ' W. All f2oms-nws"av-e-a-eleai-exilingl;e:"''�hmi seven et'�t ^hies ortop rIla,— f 441 , s used f6f sl g, study-o}-similar-aetivAies; whieh-mu-A-be-at4aas sat least half of the-& ...=:-ate c ,elu ding -inose po�tet a ng a�ikng-height a ax ftve—f pffi-bewii e *gs-inst nave-��-c-lo��re��ih33g-keigkiE e£-scuarrfeoi: Siibd.eess through Slegm? oeixs and Eatkie n d rag �trk X40 txay have the so -le aeaes Aecj)ingieam to a bathreern, toilet-eaom or ot ei= sleepixg rooix tl}ro�iglranetbersleepi33g ieeA batktoenrer-toilet-room-niay�not be �rsedzts tl3e only aeeess tea habitable room 1}asemaiH-eteriat Section 1335.19. Appeal. When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must specify the grounds for the appeal, and must be filed with the City within five (5) business days after service of the compliance order. (modifies section 111 ofIPMC) SccrioN 1336-RENIAL DWELLING 1336.00 Rental Dwelling Subd. 1. Purl ose. It is the purpose of this Section 1336 to protect the public health, safety and welfare of the community at large and the residents of rental dwellings in the City of St. Anthony and to ensure that rental housing in the city is decent, safe, and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to come an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure and sanitary; free from noise, nuisance or annoyances; and free from unreasonable fears about safety of persons and security of property. Subd. 2. Applicability. This Section applies to all rental dwellings in the City, including any accessory structures on the premises upon which the rental dwelling is located, such as garages and storage buildings. This chapter does not apply to Minnesota Department of Health licensed rest homes, convalescent care facilities, licensed group homes, nursing homes, or condominium units as defined and governed by Minnesota Statutes Chapters 515, 515A and 515B. Subd. 3. Adoption of Property Maintenance Code. The International Property Maintenance Code, current edition, as published by the International Code Council, is adopted by reference in its entirety, except as modified or amended in this Section. Nothing in this section or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other provision of the City Code. Subd. 4. Enforcement Official. The City Code Official and Deputy Code Official is authorized and directed to enforce all provisions of this Section, subject to review by the City Council. 1336.01 Defnitios. The following terms will have the following meanings in this Section 1336. Subd. 1. Accessory Structure. A structure subordinate to a principal dwelling not authorized to be used for living or sleeping by human occupants. Subd. 2. Aptar•tment Building. A structure designed to accommodate three or more dwelling units. Subd. 3. Enforcement Official. The City Manager and designated agents authorized to administer and enforce this Section 1336. Subd. 4. Composting. Accumulation ofyard waste to be decomposed. Subd. 5. Dwelling. Building, or portion thereof; designed or used predominantly for residential occupancy of a continued nature, including 1 family dwellings, 2 -family dwellings, apartment buildings and roorning units, but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally attached, it will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, orconsurnption offood. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, 97 and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1336 to the same extent as the owner. Subd. 17. Permissible Occupancv. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. Subd. 18. Person. An individual, firm, partnership, association, corporation orjoint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Re use. All putrescible and non putrescible waste solids including garbage and rubbish. Subd. 22, Rental Unit. A dwelling or dwelling unit let for rent or lease. Subd. 23. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 24. Rodent Harborage. Any place where rodents can live, nest or seek shelter. Subd. 25. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 26. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Mel Subd. 27. implied. Paid, furnished or provided by, or under the control of, an owner or operator. Subd. 28. Interpretation Whenever the words "dwelling", "dwelling unit", "premises, or `structure " are used in this Section 1336, they will be deemed to be followed by the words "or any part thereof'. 1336.02- Responsibilities of Owners Landlord_ Subd. 1. Owner Responsible. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this Section even if the duty or obligation is also imposed on the occupant (s) of the rental dwelling, or even if the owner, by agreement, has imposed on the occupant (s) the duty of malting sure that the rental dwelling complies with the requirements of this Section, applicable provisions of the City Code and the International Property Maintenance Code. Subd. 2. 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 clear, sanitary and safe condition in conformance with this Section, applicable provisions of the City Code and the International Property Maintenance Code, including any shared or common areas in a multiple family dwelling. Subd. 3. Obtain License. The owner or resident agent must obtain a license acrd pay all license fees as required by this Section before the rental dwelling may be rented. Subd. 4. Drives, Pa�king Sidewalks. The owner of an apartment building must provide and maintain effective illumination in all exterior parking lots and walkways, parking areas and driveways. Unless agreed upon, the owner of a property adjacent to walkways must use due diligence to keep the walk safe for pedestrians. No such owner or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after it has been deposited. Subd. 5. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. 1336.03 ResponsibilityofOccupant (Renter). Subd. 1. Access by Owner. Every occupant of a rental dwelling shall give the owner or resident agent access to his or her unit, and that part of the premises which he or she occupies or controls, at reasonable times for the purpose of inspections and maintenance, and making necessary repairs or alterations on the premises. Subd. 2. Cleanliness. Every occupant of a rental dwelling is responsible for keeping his or her unity, and any part of the premises which he or she occupies of controls, in a clean, sanitary and safe condition in conformance with this Section, applicable provisions of the City Code and the International Property Maintenance Code. M Subd. 3. Disposal of Garbage and Recyclables. Every occupant of a rental dwelling shall store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe manner. All rubbish, garbage, and waste must be collected by a hauler who is licensed by the City as required by Section 555 of this Code. The storage of refuse and recyclable collection containers may not be kept in the front yard setback without approved screening or fencing. GENERAL LICENSING PROVISIONS 1336.04. License Reauired. Subd. 1. It is unlawful to operate a rental dwelling in the City without first having obtained a license from the City. An owner must obtain a license for each rental dwelling. If the rental dwelling contains two or more units, and has a common owner and a common property identification number, the owner may obtain a single license for the rental dwelling. 1336.05. License Application. Subd. 1. The owner of a rental dwelling must submit an application, for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. The application must include: 1. the owner's name, address, and telephone number, owning partners of a partnership, corporate officers if a corporation; or 2. the name and address of a person residing or having a business office in Hennepin or Ramsey County, and appointed by the owner as an agent for purposes of notices under this section and for services of process upon the owner; or 3. the name and address of any managing operator or agent; or 4. the name and address of the contract for deed vendor if the rental dwelling is owned under a contract for deed; or 5. the legal address of the rental dwelling; and 6. the type and number of units within the rental dwelling; and 7. the height and the multiple dwelling in stories; and 8. the type of structure to be licensed (i.e. single family, duplex, triplex); and 9. the exterior finish of the building. Subd. 2. Issuance and Term. Upon approval by the City Council, the City Clerk will issue a license to the owner of the rental dwelling. A license is personal to the owner of a specified rental dwelling. No license may be transferred to a purchaser of a multiple 100 dwelling or to any other person or entity. If a rental dwelling is sold, the purchaser may not own or operate the rental dwelling without first obtaining the license provided for in this section. A license will be valid for one year. If a license is issued during the year, the license will be prorated accordingly at the renewal time. 1336.06. License Fees. Subd. 1. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The fee schedule is located in Chapter 6 of this city code. The owner must submit the required fee along with the application for a new or renewal license. Applications for renewal license submitted after the license term expiration are subject to a penalty fee, which shall be determined from the time by the City Council. 1336.07. License Issuance. Subd. 1, Preliminary Inspection and Investigation. Prior to issuing a license, the City Code Official will inspect the rental dwelling to determine compliance with this Section, the City Code and the International Properly Maintenance Code. The City Clerk will review the application for completeness and determine whether all real estate taxes and municipal utilities are paid and current. Subd. 2. Compliance Orden If the rental dwelling is not in full compliance with paragraph (1), the City will provide the owner or resident agent with a compliance order pursuant to Section 1336.08. If the owner corrects the items in the compliance order within the specified period of time, the City will issue a license to the owner. Subd. 3. Unsa e o Dan erous Conditions. No owner or resident agent may operate a rental dwelling, regardless of the type of license issued, if the Housing Inspector determines that a condition exists in or on the rental dwelling or premises that is unsafe or poses an imminent danger to the health or safety of the tenants or the public. Ally determination by the Housing Inspector is subject to suspension or revocation of the license, criminal prosecution and any civil remedies available to the City. Subd. 4. Posting o License. The owner shall post a copy of the license in the rental dwelling in a conspicuous place. In multiple dwelling units requiring a single license, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. The posted license shall be framed with clear glass or plastic. Subd. S. Renewal ofLicense. An owner may continue to rent a dwelling after the expiration day of the license provided the owner has filed with the City on or before June 30"i, the appropriate renewal license application and license fee. The issuance of a license under this Chapter shall be considered a privilege and not an absolute right of the owner and shall not entitle the owner to an automatic renewal of the license. Allowing the owner to continue to rent while the renewal is being processed does not obligate the City to automatically renew the license. Subd. 6. Transfer ofLicense. Licenses are not transferable. Any change in the ownership of the rental dwelling requires a new license. 101 Subd. 7. Resident A eg nt Required. Owners of rental dwellings with five (5) or more individual units appoint a resident agent who shall reside within the rental dwelling to be responsible for the maintenance and upkeep of the rental dwelling and common areas and to handle licensing issues with the City. Owners of rental dwellings containing fewer than five (5) units who do not reside within the counties of Ramsey, Hennepin, Anoka, Carver, Dakota, Scott, Washington, Wright, Chisago, Isanti or Sherburne shall appoint an agent that resides within one of these counties that shall be the responsible resident agent. Subd. 8. Register of Occupancy The owner or its resident agent shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the City at the time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling,- 2. welling;2. Number of bedrooms of each unit; 3. Number of units in each building; and A. Number of adult and children (under 18) currently occupying each unit. 1336.08 INSPECTIONS. Subd. I Inspections. The City will inspect all rental dwellings periodically to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. After each inspection, the City shall provide the owner or resident agent with a compliance order pursuant to Section 1336.08. The owner or. resident agent must correct the violations within the time period specified in the compliance order. If the violations are not corrected, the City may suspend or revoke the license under Section 1336.08, unless it is the initial license period, in which case, the license is valid until the end of the owner's existing lease with the current tenant as noted in Section] 336.08. The City rnay, however, immediately suspend or revoke a license if an unsafe or dangerous condition exists as described in Section 1336.06 Subd. 3. Subd. 2 Occupant Initiated Inspections. An occupant who believes that his or her rental dwelling is not in compliance with the provision of this Chapter, City Code or the International Housing Maintenance Code may provide written notice to the owner or resident agent of the rental dwelling specifying the alleged deficiency. If the owner or resident agent does not take action to correct the alleged problem the occupant may contact the City and request an inspection of the rental dwelling by the Housing Inspector upon showing proof that the owner or resident agent had been properly notified and has been given a reasonable time in which to correct deficiencies. The cost of the inspection shall be paid by the owner if the City's inspection reveals actual deficiencies as described by the occupant. 102 1336.09 CONDUCT ON LICENSED PRE, MISE'S. Subd. 1 Owner Responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premised to be disorderly. This section applies to all licenses. For purposed of this section, a rental dwelling is disorderly at which any of the following activities occur: 1. Violation of Minnesota Statutes Chapter 609 Gambling, Prostitution and Disorderly Conduct; and 2. Violation of Minnesota Statutes Chapter 152 Controlled Substances; and 3. Violation of Minnesota Statutes Chapter 340A Sale & Consumption of Alcohol; and 4. Violation of Minnesota Statutes Chapters 624 Sale & Use of Weapons; and 5. Violation of City Code Chapters 1100 and 1200 Penal Regulations and Nuisances. Subd. Z Of Enforcement. The City Code Official is responsible for enforcement of this section. Subd. 3 First Violation. Upon determination by the City Code Officer that a licensed premises was used in a disorderly manner, as described in Subd. I of this section, the City Code Official must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. Subd. 4 Second Violation. If another occurrence of disorderly use of the licensed premises occurs within six months of an incident for which a notice in section subd. 3 of this section was given, the City Code Official must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Code Official within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding six months. Subd. 5 Third Violation. If another instance of disorderly use of the licensed premises occurs within one year after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Written notification will be issued by the City Code Official. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 60 103 days after giving such notice. 2. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. Subd. 6 No Adverse Action Pending Eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pending of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings are not a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent, ficrther instances of disorderly use. Subd 7 finding of Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in Subd. 1 of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. Subd. 8 Service of Notices. All notices given by the City under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. 1336.10 CONDITION OF LICENSED PREMISES. Subd. 1. Compliance Order. Whenever the City Code Official determines that the condition of any rental dwelling or the premises surrounding it fails to meet the provisions of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, he or she may issue a compliance order setting forth the specific violations and ordering the owner to correct such violations. Subd. 2. Contents of the Compliance Order. The compliance order shall: 1 Be in writing; and 2 Describe the location and nature of the violations; and 104 3 Set forth a reasonable time for the correction of the violations by the owner or resident agent; and 4 Be served upon the owner and resident agent either personally or by certified mail. A copy of the compliance order shall also be provided to the occupants of the rental dwelling. Subd. 3. License Action. If the violations listed in the compliance order are not remedied by the owner or resident agent within the specified time given in the order, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the City. An administrative fine in an amount set forth from time to time by the City Council by resolution may also be imposed. If the City decides that it will be denying, suspending, revoking or not renewing a license or imposing an administrative fine pursuant to this Section, the City shall send a notice of the proposed action to the owner and resident agent of the rental dwelling. Subd. 4. Appeal. When it is alleged by the owner or resident agent that the compliance order is based upon the erroneous interpretation of this Chapter, other applicable City Code provisions or the International Property Maintenance Code, the owner or resident agent may appeal the compliance order to the City Council. Such appeal shall be in writing, must sped the grounds for the appeal, and must be filed with the City within five (S) business days after service of the compliance order. (modifies section 111 of IPMC) 1336.11 HEARING PROCEDURE. Subd. 1. Scheduline of Hearing. If the City makes a determination that it will be denying, suspending, revoking or not renewing a license pursuant to Sections 1336.08 of 1336.09 of this Chapter, or if the owner or resident agent is appealing the compliance order pursuant to Section 1336.09 of this Chapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice or receipt of the owner's notice of appeal of a compliance order. Subd. 2. Hearim. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The owner or resident agent shall have the opportunity to address the City Council at the hearing. Subd. 3. Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the compliance order or to revoke, suspend, deny or not renew the license or impose an administrative fine. The City Council shall issue a written decision within thirty (30) days following the date of the hearing and shall send a copy of its decision to the owner and resident agent by mail. The decision shall specify the rental dwelling or units to which it applies. Subd. 4. No Occupancy. If a license is revoked, suspended, denied or not renewed by the City Council, it shall be unlawf l for the owner or the resident agent to thereafter permit the occupancy of the rental dwelling or the unit. A notice of the action shall be posted by the City Code Official on the rental dwelling or the unit in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied that rental dwelling or unit until a license is obtained or reinstated by the owner. Subd. 5. ARpeal. An owner may appeal the decision of the City Council as allowed under City Ordinance 1336.10 Subd. 4. 1336.12 MISDEMEANOR. Subd. 1. Failure by can owner to comply with a compliance order after the right of appeal has expired or violation of any of the provisions of'this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: City Clerk Publish: Mayor 105 106 Staff Report To: Mike Mornson From: Jahn Malenick, Fire Chief Date: March 18, 2008 Re: Emergency Operations Plan Background: For the past several months, the North Suburban Emergency Management Group of Hennepin County has been working to consolidate many individual city emergency plans into one regional plan. Our intention is for all the political jurisdictions in the North Suburban Emergency Management Group (Brooklyn Center, Brooklyn Park, Champlin, Crystal, Robbinsdale, New Hope, Maple Grove, Plymouth, Medicine take, Osseo, Dayton, Rogers, Hassen Township, Golden Valley, St Anthony) to function under the same emergency operations plan. Each jurisdiction continues to maintain autonomy and their own emergency management program; however they are all affiliated under the same emergency plan. The combined plan is now complete and ready for the review and approval of each jurisdiction. Purpose: The Regional Plan describes the basic strategies and mechanisms through which the cities will mobilize resources and conduct activities to guide and support emergency management efforts using the National Incident Management System (NIMS). The Regional Plan is designed to coordinate resources to: A. Maximize protection of life and property B. Ensure continuity of government C. Sustain survivors D. Repair and restore essential facilities and utilities Action: Since the City has already adopted the general use of an Emergency Operations Plan, the next step in accepting this new regional plan requires certain officials and department heads to sign acknowledgement documentation to indicate that they agree to the use of the regional plan in the event of a declared emergency. Signature pages are included with the master copy of the revised Emergency Plan. Please don't hesitate to contact me with any questions. John Malenick, Fire Chief 0 Page 1 Hennepin County Public Works Administration Emergency Preparedness Division 1600 Prairie Drive Medina,MN 55340-5421 January 22, 2008 Chief John Malenick City of St. Anthony 3505 Silver Lake Road St. Anthony, MN 55418 Dear ChiefMalenicic 612-596-0250, Phone 763-478-4001, FAX 763-478-4030,TDD www.hennepin.us The North Suburban Planning Group has been meeting on a regular basis for approximately 10 years. In that time you have made great strides in planning and exercising together as a group. With the Regional North Suburban Emergency Operations Plan it will be the culmination of many hours of hard work and effort to provide this planning group a solid basis for response and recovery. On behalf of Iiennepin County I would like to take this opportunity to thank you for participating in the planning group and working so hard to see this effort come to fruition. To better prepare for future disasters I strongly encourage the city to adopt this Emergency Operations Plan as its own. Thank you for your commitment in emergency planning. St. Anthony has been and continues to be a key partner within the emergency management community in Hennepin County. Sincerely, Tim Turnbull, Director Hennepin County Emergency Preparedness TT/sn 107 An Equal Opportunity Employer Recycled Paper CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-024 A RESOLUTION ADOPTING THE NORTH SUBURBAN EMERGENCY MANAGEMENT PLAN GROUP (NSEMPG) EMERGENCY PLAN WHEREAS, the Minnesota Civil Defense Act, Minnesota Statutes Chapter 12, requires each political subdivision in the state to establish a local organization for civil defense in accordance with the State Civil Defense Program; and WHEREAS, in 1972, St. Anthony passed Resolution 07-022 authorizing the establishment of a civil defense organization for the Village; and WHEREAS, the Fire Chief of St. Anthony has been participating in the NSEMPG and created a universal Emergency Management Plan that would be implemented by several cities throughout Hennepin County. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby adopts the North Suburban Emergency Management Plan Group (NSEMPG) Emergency Plan. Adopted this 25tt, day of March, 2008. ATTEST: City Clerk Review for Administration: Mayor City Manager M FUTURE COUNCIL AGENDA ITEMS as of March 18, 2008 Meeting Date Meeting Type Staff Items/Issues March 31 Special 6:30 - 8:00 pm Silver Lake Road Open House April Ehlers Public Hearing on Issuance of Bonds and on Street Reconstruction Plan and adopts Resolution giving preliminary approval for their issuance and approving Street Reconstruction Plan by unanimous vote for Silver Lake Road. Fire Code Ordinance - Final Reading Ehlers Resolution Regarding Silver Lake Village Development City Manager Junior Achievement Graduation April 22 Planning Commission items from April 15 City Manager Finance Director Public Hearing on 2009 Budget Asst. City Manager Sign Ordinance - 2nd reading Fire Chief Housing Code Ordinance - 2nd reading Bruce DeJong, GFOA Recognition of Certificate of Achievement of Excellence in Financial Reporting April 29 5:15 p.m. 6:30 p.m. Joint Meeting with School Board Council worksession - Capital Equipment Budget May 13 Police Chief Graduate Citizen Academy Ehlers Resolution Approving Offers for Bonds and Adopts Resolution Approving the Sale of Bonds May 27 Planning Commission items from May 20 Tautges, Redpath Audit Presentation Asst. City Manager Sign Ordinance - Final reading Fire Chief Housing Code Ordinance - Final reading June 10 June 24 Planning Commission items from June 17 July 8 July 22 Planning Commission items from July 15 Order Feasibility Report for 2009 Street Project August 12 Approval of Election Judges for Primary Election August 26 Planning Commission items from August 19 Accept Feasibility Report and Order Plans and Specifications for 2009 Street Project September 9 September 23 Planning Commission items from September 16 March 2008 Monthly Planner Monday Tuesday Wednesday Thursday Friday SaturdaySUnday Feb 2008 Apr 2008 S M T W T F S S M T W T F S 1 2 1 2 3 4 5 3 4 5 6 7 8 9 6 7 8 9 10 11 12 10 11 12 13 14 15 16 13 14 15 16 17 18 19 17 18 19 20 21 22 23 20 21 22 23 24 25 26 24 25 26 27 28 29 27 28 29 30 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Joint Meeting Council Meeting with Parks 7 pm Commission Parks Commission Meeting 16 17 18 19 20 21 22 5:30 pm Joint HOLIDAY Meeting with Planning Commission Planning Commission meeting 7 pm 23 24 25 26 27 28 29 City Council Meeting 7 pm 30 31 Silver Lake Road Open House 6:30 pm L-- to 8 pm Printea oy L;aienaar t;reator tor vvinaows on 311yrzuvu April 2008 Monthly Planner Sunday Monday ,.Friday 1 2 3 4 5 Historical Society Open House I pm - 4 pm 6 / 8 9 10 11 12 Council Meeting 7 pm 13 14 15 16 17 18 19 Planning Commission meeting 7 pm 20 2 22 23 24 25 City Council Meeting 7 pm 27 28 29 ✓ 0 Mar 2008 May 2008 S M T W T F S S M T W T F S 1 1 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 9 10 11 12 I3 14 15 It 12 13 14 15 16 17 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 riuuGu uy e,aienuar +.,rraiur 1u1 vvrnuuwa un 01 iareuua J W A T Q d u W O J E9 Efl A W W c0 > O N � W J O O O a O N N O m N J � cW0 (fl (fl p m m E9 [fl m J J m v o v Y Cl) m O O °m O m m m A _ m° � O O O N a N N O O o O O O o 0 0 W O O O W O O 0 0 0 0 a O O O o O O N m O O m m a p �' °' m �' o v v X o 0 m DI m ° v ° m O °O -Di m m m' mm m (D° (� -o N N (D ( a N N 3 C) N m m N O7 N O m N N N N m (D N d N O O N N d EA ffl W N N A'U co W O N W W A W N— W W .00 OG ;A to N> A J (n N O W W O O O m O (O O O O 0 0 0 O O O O O O O o O O O o O O O o O O O J W A T Q d u W O J E9 Efl A W W c0 > O N � W J O O O a O K= r N N V N J � cW0 (fl (fl 1fl E9 [fl m J J m v CT O O (O O K= r O N N J � cW0 (fl (fl 1fl E9 [fl m J WP � N U� A c0 tD A W UNi c°in A O O O O O O N a O O O o O O O o K= r T W crc m N O 0 ao O A V�d IN O (fl (fl 1fl E9 [fl m J WP � N U� A c0 tD A W UNi c°in W 0 0 0 0 0 Ui 0 0 0 W O O O W O O 0 0 0 0 a O O O o O O T W crc m N O 0 ao v = m m � (fl (fl 1fl E9 [fl N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T W crc m N O 0 ao 03o m a -u T v N m a m D c OI �' O D N < n SU (D N N O (n Q N O Q N O N w a CDD n O O O 00 (D a (n O z D r r m x O m m (n (n in to 0) of A W (P W (T W O J M -P, 0 W � W W N (b -w W -w W (D .(Di. 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