HomeMy WebLinkAboutCC PACKET 04082008H.R.A. meeting inunediatety
hollowing regular meeting
CITY OF ST. ANTHONY 'VILLAGE
CITY COUNCIL MEETING AGENDA
April 8, 2008
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion, and Possible Action on All of the following items:
L Approval of the April 8, 2008, City Council Meeting Agenda. (action regnested.)
II. Proclamations and Recognitions.
A. Graduation of Mrs. Wyatt's and Mrs. Gordon's Junior Achievement Class.
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 Councihnember or citizen
so requests, in which event fire item will be removed from tire Consent Agenda and placed elsewhere on the agenda..
A. Approval of March 25, 2008, Council Meeting Minutes. (pp.1 -13)
B. Licenses and Permits. (pp. 14 -15)
C. Claims. (pp. 16 -18)
IV. Public Hearing. Stacie Kvilvang, Ehlers and Associates presenting.
A. Resolution 08-026; Giving Preliminary Approval for the Issuance of the City's general
Obligation Street Reconstruction Plan Bonds in an amount not to exceed $1,910,000 and
Adopting the City of St. Anthony, Minnesota Street Reconstruction Plan of 2008 though 2012
therefor. (pp. 19 - 40)
B. Resolution 08-027; Resolution Providing for the Sale of $1,910,000 General Obligation Street
Reconstruction Bonds Series 2008. (p. 41)
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Resolution 08-028; Relating to the Seventh Amendment to a Redevelopment Agreement by and
among the City of St. Anthony, the Housing and Redevelopment Authority of the City of St.
Anthony and Apache Redevelopment, LLC, dated December 19, 2003. Stacie Kvilvang, Ehlers &
Associates presenting. (pp. 42 -- 43)
B. Ordinance 08-001; Fire Code Ordinance. (Final Reading) (pp. 44 - 55)
C. Ordinance 08-002; Sign Ordinance (Second Reading) (pp. 56 - 77)
D. Ordinance 08-003; Housing Code Ordinance (Second Reading) (pp. 78 - 97)
E. Ordinance 08-004; Chapter 6 - Fees, Rates, and Charges (First Reading) (pp. 98 -103)
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 fire podium, sign their name
and address on the form at the podium, state their name and address far the Clerk's recordd, and limit their remarks to five minutes. Generally, the City
Council will not take official action on items discussed at this time, but nray typically refer the matter to staff for a future report or direct the matter to be
scheduled or an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Onr Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
ZACouned Meetings120081040820081agendapg#.doe
2
0
10
11
12
CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 25, 2008
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
13 ROLL CALL.
14
15
Present:
Mayor Faust; Councilmembers Gray, Roth, Stille, and Thuesen
16
Absent:
None
17
Also Present:
City Manager Mike Mornson, City Attorney Jim Lindgren, Assistant City Manager
18
Kim Moore -Sykes, Police Chief John Ohl, and Fire Chief John Malenick, and Richard
19
Fursman of Global Synergy Group, LLC,
20
21
22
CONSIDERATION,
DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
23
ITEMS.
24
25 I. APPROVAL OF MARCH 25, 2008 CITY COUNCIL MEETING AGENDA.
26
27 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the City
28 Council Meeting Agenda of March 25, 2008.
29
30 Motion carried unanimously.
31
32 II. PROCLAMATIONS AND RECOGNITIONS.
33
34 Mr. Barry Tedland, St. Anthony Village Historical Society, announced the Historical Society
35 Open House scheduled for Saturday, April 51h, 1— 4 p.m. at the Community Center. He stated the
36 Historical Society is attempting to track the history of St. Anthony. The Historical Society will
37 be present at a future City Council meeting to discuss the possibility of a commemorative tree
38 planting in participation with the State's Sesquicentennial celebration.
39
40 Mayor Faust stated his appreciation for what the Historical Society does for the City. He noted a
41 graduate student was hired to gather information that the Historical Society is working to put into
42 a coherent document. He requested information on the Historical Society meeting times.
43
44 Mr. Tedland replied the Historical Society meets every third Wednesday at 2:00 p.m. They are
45 looking to build membership, and would also like to meet with residents to record their stories.
46
47 III. CONSENT AGE, NDA.
48
49 A. Consider March 11, 2008 Council meeting minutes.
City Council Regular Meeting Minutes
March 25, 2008
Page 2
2
11
6
7
8
9 IV
10
11
12
13 V.
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
B. Consider licenses and permits.
C. Consider payment of claims.
Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve the Consent
Agenda items.
Motion carried unanimously.
PUBLIC HEARING.
None.
REPORTS FROM COMMISSION AND STAFF.
A. Resolution 08-023; Variance to Fence Height for 2916 Silver Lake Court.
Planning Commissioner Kim Goodwin stated last week at the Planning Commission meeting the
Commission reviewed the request for a variance to fence height for 2916 Silver Lake Court. The
Council and Mayor have been provided with the staff report on the property. She explained due
to the proximity to Silver Lake Road, this property is affected by lighting from the businesses
and the noise from Silver Lake Road. The owners of the property were present at the Planning
Commission meeting and discussed the need they feel to construct an 8 -foot high fence; the
current fence is at 7 feet. All but one member of the Planning Commission were present and the
resolution was unanimously approved.
Councilmember Stille asked if there was any opposition to the variance request.
Ms. Goodwin replied there were no members present in the audience that voiced any opposition.
There was discussion by the Commission about the rationale and the concern from the applicant
about the light from nearby businesses. There were no principal concerns expressed. The
Commission recognized there may be similar requests brought forward from neighboring
properties, and it was noted that there is a neighboring property that already has an 8 -foot fence.
Councilmember Stille asked if there was any discussion about addressing the request for the
fence in a different way than a variance, such as crafting an ordinance for certain lots in
proximity to streets like Silver Lake Road.
Ms. Goodwin replied she had considered this, but does not recall any specific discussion to that
point.
Mr. David Johnson, applicant, addressed the Council and thanked Ms. Goodwin for her overview
of the situation. He stated essentially they wanted to replace the aging fence in the back of their
lot, which is 7 feet, and they found there is an ordinance in place that restricts fences to 6 feet.
They felt reducing the size of the fence would be unacceptable. They are on a very busy road to
the back of their house and the lighting from the businesses has a lot of effect at night. They feel
a higher fence would continue to shield that. He explained a 7 foot fence would almost double
City Council Regular Meeting Minutes
March 25, 2008
Page 3
0
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 VI.
37
38
39
40
41
42
43
44
45
46
the cost of the fence due to the labor involved of trimming the boards, and the cost would put it
out of reach for them. Their neighbors already have an 8 -foot fence, and their property is
similarly adjacent to Silver Lake Road.
Councilmember Stille requested Mr. Johnson to elaborate on comments that traffic has picked up
since they moved to this property in 2004.
Mr. Johnson replied the increase in traffic could be due to the new properties and businesses in
place. There are trucks going to some of those businesses and they hear a lot more semis now.
He would say it is a notable difference, but he has not measured it.
Motion by Councilmember Thuesen, seconded by Councilmember Gray, to adopt Resolution 08-
023; Variance to Fence Height for 2916 Silver Lake Court.
Councilmember Gray stated as a neighbor of Mr. Johnson he can vouch for the traffic noise. He
would like further review of this ordinance to consider whether it should be changed to allow for
8 -foot fences to help block noise, instead of following the variance procedure. He suggested
there are a number of properties that border busy roads, such as Highway 88, 37`x' Avenue, Silver
Lake Road, and other areas, that probably could use an 8 -foot fence to block the noise. He stated
he has experienced additional noise since Silver Lake Village has been fully developed,
especially with truck traffic.
Councilmember Stille stated he does not have an issue with an 8 -foot fence on Mr. Johnson's lot
or lots similar to his. His concern was hardship; the hardship in this case is noise, and the noise
has come to Mr. Johnson, so they have demonstrated that the variance is something that should
be approved according to the statute. He expressed interest in changing the ordinance to
eliminate the need to go through the variance process. He noted it would need to be a well -
crafted ordinance that does not allow 8 -foot fences throughout the City.
Motion carried unanimously.
Mayor Faust directed staff to review the current ordinance and provide Council with a
recommendation on whether the ordinance should be amended or the variance process should
continue based on the discussion above.
GENERAL BUSINESS OF COUNCIL.
A. 2008 Goals.
Mr. Richard Fursman, Global Synergy Group, LLC., reviewed that the 2008 Strategic Planning
Retreat was held by City Council and staff on January 10 and 11, 2008. He stated it is rare to see
the kind of dedication as was put forward in the planning efforts by St. Anthony Village. Mr.
Fursman presented an overview of the Strategic Planning Retreat, including the following
information:
• Our Core Values
■ Our Vision
3
City Council Regular Meeting Minutes
March 25, 2008
Page 4
Our Mission
■ 2007 Accomplishments
• Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis
Opportunities
■ Visioning: St. Anthony Village 2013
7 Mr. Fursman presented an overview of the Current City Goals:
8 . Environmental Stewardship and Rehab
9 a Improve and Maintain Infrastructure
10 ■ Technology Advances
11 ® Improve and Maintain Housing
12 ® Senior Housing
13
14 Mayor Faust stated his appreciation for Mr. Fursman's efforts with the Strategic Planning
15 Retreat. He stated Mr. Fursman brought a background in city government and helped guide the
16 City to something a little different. In the past they have had goals for each year that tend to last
17 more than two or three years. This year they decided to start looking at bigger issues and goals
18 that really help the vision and keep the City looking forward to the next number of years. The
19 2008 goals are really long term goals, and not just for 2008. He pointed out they will probably
20 never be finished with the goal of environmental stewardship. The goal of senior transitions will
21 involve engaging in conversation, as they are not certain yet what needs to be done in this area.
22 He stated they need to engage in the conversation to make these things happen.
23
24 Councilmember Thuesen requested an explanation of the CIP for the public, including why the
25 CIP is important to the community.
26
27 Mr. Fursman explained the CIP is the Capital Improvement Plan, which is a plan for the major
28 capital expenditures the City anticipates. St. Anthony, like many cities, puts together a plan as to
29 when these major expenditures will occur, and how much they are projected to cost, with a
30 financial plan for the CIP. He stated the work that has been done by St. Anthony is being
31 requested by other cities. This includes their efforts in putting together this type of plan, and
32 secondly, their ability to communicate it. The people in St. Anthony know what the City is doing
33 and what the plans are. It is attracting attention around the metropolitan area.
34
35 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the Current
36 City Goals:
37
38 1. Environmental Stewardship and Rehab
39 2. Improve and Maintain Infrastructure
40 3. Technology Advances
41 4. Improve and Maintain Housing
42 5. Senior Housing
43
44 Mayor Faust invited the public to provide the City with input on the goals.
45
46 Motion carried unanimously.
City Council Regular Meeting Minutes
March 25, 2008
Page 5
2 1. Police
4 Police Chief Ohl presented the St. Anthony Police Department 2007 Annual Report. He stated
5 there has been a lot of change in 50 years. He has been at the Police Department for 24 years and
6 believes he has a good perspective of what has worked, what has not worked, and what has
7 changed. The goals and connection to the community and citizens has stayed the same
8 throughout the 50 years. He thanked the Council and Mayor for the support and stated the
9 officers definitely feel whether the Council is supportive of their efforts and it has a lot to do
10 with their work on the street.
it
12 Councilmember Roth commented with 2008 possibly being a tough economic year one could
13 make an assumption that theft may be going up. He asked if there is anything they can do as a
14 City, as citizens, or that the Police Department can do to try to prevent that.
15
16 Police Chief Ohl replied economics and demographics have a lot to do with crime rates. One
17 thing to continue doing is to maintain the relationship with their citizens. The citizens are their
18 eyes and ears out there. As they go forward in 2008 they need to keep driving home how
19 important it is for residents to call the police when they see something.
20
21 Councilmember Roth asked if there are correlations that can be made of trends they could head
22 off by considering the data relating to police service in Falcon Heights and Lauderdale.
23
24 Police Chief Ohl replied it is easier to see trends in larger areas; however Falcon Heights and
25 Lauderdale have small populations and it is difficult to determine trends from the data on those
26 cities. The cities of Falcon Heights, Lauderdale and St. Anthony are all quite different, but value
27 the same things in their law enforcement agencies. There is some perspective available that could
28 be used regarding things that were successful in Falcon Heights or Lauderdale, and vice versa.
29
30 Mayor Faust pointed out in 2006 when Silver Lake Village kicked off there seemed to be a lot of
31 Part II crimes. He inquired if the reason these crimes have gone down is because the Police
32 Department is being more aggressive there and because the businesses are more cognizant of
33 what is going on.
34
35 Police Chief Ohl replied crimes that are reported by the businesses have a lot to do with the
36 statistics, for example whether the businesses decide to stop reporting a certain type of employee
37 theft. The business community has a big impact on Part I and Part II offenses. Even when Silver
38 Lake Village was being constructed the theft of things such as construction equipment was
39 noteworthy. He would like to say the trend is that they are showing people what type of law
40 enforcement agency they have in St. Anthony Village, and what they are willing to run down.
41 This will have a long-term effect on Part I and Part II offenses.
42
43 Mayor Faust noted calls for service increased in 2007 from 6,465 to 6,966. He asked if this
44 increase has a negative impact on the ability of officers to respond or if an additional 500 calls
45 for service could be handled without problems.
46
5
City Council Regular Meeting Minutes
March 25, 2008
Page 6
1 Police Chief Ohl stated as they grow as a community they need to start looking forward on
2 potentially growing the Police Department slightly. They have worked towards that goal and are
3 in a good position to take on another 500 calls for service and not have problems associated with
4 call times and response.
6 Mayor Faust requested that Police Chief Ohl pass on the wonderful job the Police Department
7 does. He stated the Police Department is really doing noble, good work for the benefit of the
8 general public. He appreciates the touch the Police Department has to the community, and the
9 personal service goes a long way. He encouraged the public to view the 2007 Police Department
10 Annual Report at City Hall, noting that there are many things the Police Department is involved
11 in that need community understanding.
12
13 2. Fire
14
15 Fire Chief Malenick presented the 2007 Fire Department Annual Report. He commended the
16 Fire Department staff and stated he truly enjoys working with staff. He thanked the Council and
17 Mayor for their support and stated the leadership from the top down certainly shows. He
18 announced the Fire Department is currently in the process of hiring new part time firefighters;
19 there are seven very good candidates at this time.
20
21 Councilmember Thuesen asked if it is anticipated as the City's housing stock ages that issues
22 such as older electrical wiring will result in fire calls potentially increasing, or if fire calls are
23 more related to issues that do not relate to the age of structures.
24
25 Fire Chief Malenick replied the age of structures certainly has an impact, but by far people's
26 habits affect fires the most.
27
28 Councilmember Stille inquired how the light truck is working for the Fire Department now that
29 is has been in operation for a couple of years.
30
31 Fire Chief Malenick replied it is working great. It is getting a great deal of use and he does not
32 know how they did without it. The truck is used for second medical calls when the other truck is
33 already in use.
34
35 Councilmember Roth requested an explanation on what would occur in the event of a fire larger
36 than what could be handled by the City's Fire Department.
37
38 Fire Chief Malenick replied there are two systems in place. First an automatic call would go to
39 the cities of Columbia Heights and Fridley for immediate response. If additional resources are
40 required there is a reciprocal mutual aid agreement in place. The first responders with this
41 agreement would be the cities of Roseville and New Brighton.
42
43 Mayor Faust stated his support of the current program of fire prevention being taught to lsr and
44 3`d graders. He noted National Incident Management System (NIMS) training is required for the
45 City Council and asked whether Councilmember Roth should receive training, as he has not
46 received the training yet.
City Council Regular Meeting Minutes
March 25, 2008
Page 7
Fire Chief Malenick replied Councilmember Roth will be required to complete NIMS training,
and classes are offered on-line. The rest of the Council does not require further training at this
time, but there are continuing education requirements. A tabletop exercise of the pandemic plan
will likely be conducted this fall, which will qualify for continuing education requirements.
7 Mayor Faust stated his support for doing the proposed tabletop exercise. He expressed
8 appreciation to the Fire Department on behalf of the City Council and the community. He stated
9 the Fire Department touches the public; it is imperative to continue this, and it builds a stronger
10 community. He encouraged the public to view the 2007 Fire Department Annual Report at City
11 Hall.
12
13 C. Ordinance 08-001; Fire Code Ordinance (second reading)
14
15 Fire Chief Malenick reviewed the Fire Code Ordinance with the Council and indicated that this
16 ordinance predominately is the adoption of Minnesota State Fire Code as the City's official
17 enforceable code. Section 1325 tailors that code to their community. He advised overall, this
18 ordinance is simply a housecleaning and updating item. There are sections or subsections in the
19 ordinance that have not changed, or have changed very little. It should be noted that recreational
20 burn permits have been handled by Fire Department policy, which they have now tried to include
21 in this ordinance.
22
23 Mayor Faust noted there was quite a bit of discussion at the last meeting about recreational fires,
24 with the requested changes made to the ordinance.
25
26 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve Second
27 Reading of Ordinance 08-001; Fire Code Ordinance.
28
29 Motion carried unanimously.
30
31 D. Ordinance 08-002; Sign Ordinance (first reading)
32
33 Assistant City Manager Moore -Sykes indicated that this review and revision of the Sign
34 Ordinance came as a result of staff attending the League of Minnesota Cities workshop on land
35 use issues that need to come to the attention of municipalities. The sign ordinance was one of
36 those issues. She stated staff presented the proposed sign ordinance change to the Planning
37 Commission on February 19, 2008 and the Planning Commission suggested additional changes
38 to the proposed sign ordinance. She provided a presentation on Regulations of Signs and the First
39 Amendment and an overview of the proposed revisions to the Sign Ordinance.
40
41 Councilmember Roth asked where the ordinance addresses the penalty that would be applied to a
42 person in violation of a sign that refuses to take it down or alter it to be in compliance with the
43 ordinance.
44
7
City Council Regular Meeting Minutes
March 25, 2008
Page 8
Assistant City Manager Moore -Sykes replied this would be handled under the permitting
process, but regulations do not specifically list what would happen. Generally, if the sign is in
violation it is removed by code enforcement.
5 Following discussion on regulations relating to political signs, City Attorney Lindgren advised
6 under State Statute there is one set of restrictions from August until 10 days after the general
7 election. This would apply on even numbered years. The City ordinance regulates during the
8 City election cycle, which falls during odd numbered years. He advised the federal standard
9 requires that at any time there is a limit of a six-foot sign on your own property. There is
10 allowance to go beyond this during the election cycle. He advised if someone wanted to post one
11 nonconforming sign limited to six square feet at any time on any piece of property, this
12 ordinance would likely allow that, but if they were to want five signs it would only be allowed
13 during the election time period.
14
15 Councilmember Thuesen noted the Federal Trade Commission limits language that can be used
16 on radio and television. He asked if language can be limited on signage.
17
18 City Attorney Lindgren replied in the negative.
19
20 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve First Reading
21 of Ordinance 08-002; Sign Ordinance.
22
23 City Manager Morrison indicated the paragraph previously included in Subd. 27, Non -
24 Commercial Speech, relating to the 30 day time period for political signs on non -state election
25 years, was removed because the City is authorized by the state to run an election on odd years.
26
27 Consensus of the City Council was that the above paragraph should remain in Subd. 27 of the
28 ordinance.
29
30 Motion carried unanimously.
31
32 F. Ordinance 08-003; Housing Code Ordinance (first reading)
33
34 Fire Chief Malenick reviewed the ordinance with the Council and indicated that last year with
35 the Council's goal setting, the decision was made to re -codify the city ordinances. He was
36 directed to take the opportunity to look into changes in the Housing Code Ordinance. He advised
37 the proposed changes are influenced by current socio-economic and demographic changes in St.
38 Anthony over the past few years. There has been an increase in rentals in apartment buildings
39 and single-family homes. Also, more recently there has been a sharp spike in foreclosures and
40 concern that these homes may not be cared for appropriately, resulting in the need to beef up the
41 ordinance. Fire Chief Malenick reviewed the proposed changes to the Housing Code Ordinance.
42 He indicated it should be noted that he intends to appoint a new deputy code official to work on
43 property maintenance in June.
44
45 Mayor Faust stated it is a departure for the Council to manage rentals. As the world changes they
46 need to be able to license and do the types of things that are needed. He pointed out the
0
City Council Regular Meeting Minutes
March 25, 2008
Page 9
possibility of a situation such as children inheriting a house when an elderly person passes away
and allowing a family member to live there without paying rent. He suggested Section 1336 be
amended to state: Rental and Non -Owner Occupied Dwelling.
City Attorney Lindgren suggested the Mayor's concerns may be addressed with the following
amendment: Subdivision 22, Rental Unit: A dwelling or dwelling unit for rent or lease in
exchange for monetarypnrunt.
9 Mayor Faust stated with some of the foreclosures people may allow others to live in a property
10 without exchanging money. These properties could be as big of a problem as a rental property.
11 He stressed the need to look at all of the potential properties and noted there are many non -
12 homestead properties in the City that may or may not be rentals.
13
14 Fire Chief Malenick noted without the exchange of money a property would not be classified as
15 rental, but would still need to comply with the International Property Maintenance Code (IPMC).
16
17 Mayor Faust explained he is suggesting that the properties under discussion should be included
18 in the licensing requirements.
19
20 City Attorney Lindgren suggested the following amendment to Subdivision 22, Rental Unit: A
21 dwelling or dwelling unit let for rent or lease, or which is occupied by someone other than the
22 owner.
23
24 Councilmember Roth questioned the effect of this type of amendment would have on people that
25 leave for the winter and allow someone to watch their house, and how this type of situation
26 would be regulated. He questioned if property owners would need to get a permit to allow
27 someone to live rent free and take care of their house. He pointed out possible situations of a
28 foreclosure home that has been purchased on a sheriff s sale, and that by law the owner of that
29 house can live there for an additional six months before being forced to leave. He questioned if
30 the individual that purchased the home on the sheriff's sale would need a permit to allow the
31 person that is delinquent on payments to stay in the house.
32
33 Mayor Faust stated his opinion that this proposal would protect the future buyer. I -Ie commented
34 he has seen many houses trashed by people on their way out.
35
36 Councilmember Roth stated he agrees with the intention of what is being proposed, but wants to
37 ensure that every angle is considered so they have a law that can be enforced but is reasonable.
38
39 Councilmember Gray stated his position that the suggested amendment may be something to
40 look into, but may be overly restrictive. He is not certain he would be in support or requiring
41 property owners to obtain a permit in order for a family member to live at their home for one
42 year.
43
44 Mayor Faust suggested that a timeframe of one year could be allowed for family members.
45 Councilmember Roth suggested a timeframe of six months.
46
0
City Council Regular Meeting Minutes
March 25, 2008
Page 10
City Manager Morrison requested clarification that the concern is to classify the properties under
discussion as rental because they can create some of the same problems as normal rentals, and
that therefore regulation is needed over these properties.
Mayor Faust stated his concern that if money is not exchanged the property may not be
considered as a rental, but there may be someone in the house that has no interest in being a good
neighbor.
9 City Manager Morrison advised with the adoption of this ordinance they are also adopting the
10 1PMC, which gives the City more teeth even if a property is not classified as a rental. He
11 indicated this may be a preferred method to regulate these types of properties, and is something
12 to look at with the consideration of the proposed amendment. He stated once this ordinance is
13 adopted there will be consideration of a fee schedule. Rental dwelling fees will increase, which
14 will pay for one or two part time code enforcement officers.
15
16 Mayor Faust pointed out Section 1336.09, Conduct on Licensed Premises, requires that hearings
17 for the first, second and third violations would be before the City Council. He pointed out this is
18 a departure from what is currently done, with most zoning issues being handled by the Zoning
19 Administrator, which is the City Manager.
20
21 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve First Reading
22 of Ordinance 08-003; Housing Code Ordinance.
23
24 Motion carried unanimously.
25
26 Mayor Faust noted at one time the Council had discussed that the Sign Ordinance and Housing
27 Code Ordinance would be handled at separate times. However, there is a sense of urgency to
28 complete these ordinances and get code enforcement officers in place. He directed the City
29 Manager to bring these ordinances forward and include them on the agenda of the next City
30 Council meeting.
31
32 F. Resolution 08-024; Adopting the Emergency Plan of the North Suburban Planning Group
33 as the Emergency. Plan for the City of St. Anthony.
34
35 Fire Chief Malenick reviewed the resolution with the Council and indicated that it is requested
36 that the proposed Emergency Plan be adopted for the City. The Plan is generated by the federal
37 government under Homeland Security Directive No. 5, which requires that all levels of
38 government work efficiently and effectively together during disaster management. He explained
39 it is recognized that most disasters start locally, but response, recovery and mitigation are almost
40 always regional. Most recently they have seen the I -35W bridge collapse where the City of
41 Minneapolis became overwhelmed, hence the push from the federal government to develop
42 regional rather than local plans. Fire Chief Malenick stated the Emergency Plan describes the
43 basic strategies and mechanisms through which the cities will mobilize resources and conduct
44 activities to guide and support emergency management efforts using the National Incident
45 Management System (NIMS).
46
10
City Council Regular Meeting Minutes
March 25, 2008
Page 11
Councilmember Roth questioned why St. Anthony Village is teamed up with suburbs it is not
geographically adjacent to.
4 Fire Chief Malenick replied Hennepin County is St. Anthony's home county. He explained there
5 are mutual aid agreements in place, and there are many resources that would come from these
6 counties. The plan recognizes that they all share the same resources.
8 Mayor Faust noted that the main purpose of the plan is for standardization, and that grouping the
9 suburbs by county would be simplest. He asked if there is a cost to the City with this plan.
10
11 Fire Chief Malenick there is a cost with the training, which is minimal.
12
13 Mayor Faust inquired about the possible cost savings due to the economies of scale of training
14 with other cities, as well as reimbursements through NIMS.
15
16 Fire Chief Malenick indicated there is a trickle down effect. The federal government oversees the
17 State plans, the State oversees the County plans, and the County oversees the regional plans.
18 There is that interconnection and network. He noted he attends training sessions that are paid for
19 by the County.
20
21 Mayor Faust asked who activates the emergency sirens located in the Ramsey portion of the
22 City.
23
24 Fire Chief Malenick replied there are no emergency sirens located in the Ramsey portion of the
25 City.
26
27 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 08-
28 024; Adopting the Emergency Plan of the North Suburban Planning Group as the Emergency
29 Plan for the City of St. Anthony.
30
31 Mayor Faust stated appreciation for the work of Fire Chief Malenick and Assistant City Manager
32 Moore -Sykes on the ordinances that have come forward tonight.
33
34 Motion carried unanimously.
35
36 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
37
38 City Manager Mornson commended Fire Chief Malenick and Assistant City Manager Moore -
39 Sykes for their work over the past two years on the ordinances that have come forward tonight,
40 and the Police and Fire Departments for the reports presented tonight. He commented on the
41 synergy between these departments, as well as all five of the city departments. He commended
42 Fire Chief Malenick for his work with the NIMS training and reported the Fire Department now
43 provides training for the Police Department, resulting in cost savings for the City.
44
45 City Manager Mornson announced the Silver Lake Road Reconstruction Project Open House on
46 Monday from 6:30 p.m. to 8:00 p.m. A presentation will be given by the County at 7:00 p.m. A
11
City Council Regular Meeting Minutes
March 25, 2008
Page 12
1 stakeholder meeting will be held in mid-April with the schools, churches and key property
2 owners along Silver Lake Road. The anticipated project start date is approximately May 151.
3 Information will be available next week on bids for the project, which were opened today.
4
City Manager Morrison reported the 2009 budget is underway with financial strategies. A public
hearing on the budget will be held April 22" a; following that there will be worksessions held with
staff.
9 City Manager Mornson reported the last scheduled date for Junior Achievement is April 8"i.
10 Students were given the option of attending a City Council meeting, and both classes have said
11 they will be attending.
12
13 City Manager Mornson announced the League of Minnesota Cities Safety and Loss Control
14 Workshops will be held in April.
15
16 City Manager Morrison announced staff will be attending GTS training with WSB & Associates
17 over the next few weeks.
18
19 City Manager Morrison reported Stacie Kvilvaug of Ehlers & Associates will be present at the
20 next City Council meeting to discuss next steps in funding for the Silver Lake Road Project, as
21 well as provide an update on Silver Lake Village.
22
23 City Manager Mornson announced that Silver Lake Village has been recognized in the April
24 edition of a national development magazine.
25
26 Councilmember Gray reported he attended the first meeting for Village Fest 2008 at the end of
27 February. The next meeting is scheduled on Thursday. He stated Village Fest will be a challenge
28 this year with Silver Lake Road being under construction. It will be held at St. Anthony
29 Shopping Center; there will be a parade both days, and a band Friday and Saturday night.
30
31 Mayor Faust announced a League of Minnesota Committee has looked at different
32 methodologies on how to release value information on cities. Further information will be
33 forthcoming in the next couple of weeks.
34
35 Mayor Faust announced he attended the Mississippi Watershed Management Organization
36 (MWMO) Meeting on March 18°i. The Board selected the firm to handle site selection and
37 project management for the new MWMO building. The MWMO will also be working with the
38 Youth Conservation Corps in conjunction with the State. He announced he is serving on the
39 Logo/Identity Development Subcommittee for the MWMO.
40
41 Mayor Faust stressed the importance of buying locally whenever possible. He commented the
42 Chamber of Commerce will likely be focusing on these efforts.
43
44 VIII. COMMUNITY FORUM.
45
12
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
City Council Regular Meeting Minutes
March 25, 2008
Page 13
Mayor Faust stressed the importance of buying locally whenever possible. He commented the
Chamber of Commerce will likely be focusing on these efforts.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
IX. INFORMATION AND ANNOUNCEMENTS.
Mayor Faust announced the St. Anthony Village Historical Society Open House on April 5°i. He
announced he will be attending the upcoming League of Minnesota Safety and Loss Control
Workshops.
X. ADJOURNMENT.
Mayor Faust adjourned the City Council meeting at 9:25 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor
Motion carried unanimously.
13
Saint Anthony Village
DATE:
April 8, 2008 Approved:
TO:
Mayor and Councilmembers
FROM:
License Clerk
ITEM:
License and Permits for Approval:
General Contractors License:
Crosstown Sign, Ham Lake, MN
DeMars Sign, Coon Rapids, MN
Northeast Tree, Minneapolis, MN
Heating & Air Conditioning License:
Associated Mechanical Contractors, Shakopee, MN
Cigarette/Tobacco Products License:
Applicant: Fuel Mart III
Location: 2400 37°i Ave
Applicant: Fuel Mart
Location: 3813 Stinson Blvd
Applicant: Mourados Tobacco
Location: 3809 Stinson Blvd
Service Station License:
Applicant: Fuel Mart III
Location: 2400 37`x' Ave
Applicant: Fuel Mart
Location: 3813 Stinson Blvd
Vending License:
Applicant: Compton's Commercial Cleaning
Location: PO Box 48041, Coon Rapids, MN
Applicant: C 7 Enterprises
Location: 3010 29s' Ave
14
Applicant:
C J Enterprises
Location:
2602 39°i Ave
Applicant:
C J Enterprises
Location:
2700 Hwy 88
Applicant:
C J Enterprises
Location:
3301 Silver Lake Rd
Applicant:
C J Enterprises
Location:
3503 Silver Lake Rd
15
U.S. BANK ST. ANTHONY VILLAGE 16
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
9574 ASE ACT
6035
3/26/2008
$59.00
4231 CAPITAL BEVERAGE SALES
6036
3/26/2008
$6,867.05
9335 HUMANADENTAL
6037
3/26/2008
$71.54
4265 MARK VII SALES INC
6038
3/26/2008
$12,941.42
9425 MN AWWA
6039
3/26/2008
$155.00
8242 AFFILIATED COMPUTER SERV
6040
4/9/2008
$105.03
4779 ALCORN BEVERAGE CO, INC
6041
4/9/2008
$294.40
9250 AMERICAN MESSAGING
6042
4/9/2008
$147.50
8268 AMERICAN PAYMENT CENTERS
6043
4/9/2008
$78.00
8512 AMERICAN TEST CENTER, IN
6044
4/9/2008
$235.00
9575 ANDERL/BILL
6045
4/9/2008
$720.00
8450 ANIMAL CONTROL SERVICES,
6046
4/9/2008
$207.84
8794 ARCTIC GLACIER INC.
6047
4/9/2008
$92.89
9577 ARTHOUSE
6048
4/9/2008
$719.57
8237 ASPEN MILLS
6049
4/9/2008
$535.29
9393 AUTOMATIC SYSTEMS CO
6050
4/9/2008
$996.40
4293 BELLBOY CORP.
6051
4/9/2008
$4,280.52
7168 BOYER FORD TRUCKS, INC.
6052
4/9/2008
$893.07
4231 CAPITOL BEVERAGE SALES
6053
4/9/2008
$22,806.05
9100 CAT & FIDDLE BEVERAGE
6054
4/9/2008
$115.00
610 CATCO
6055
4/9/2008
$16.19
9578 CHAPUT/PETER
6056
4/9/2008
$80.00
4080 CHISAGO LAKES DIST. CO.,
6057
4/9/2008
$2,465.55
9056 CITY OF ROSEVILLE
6058
4/9/2008
$814.60
9209 CLOSE LANDSCAPE ARCHITEC
6059
4/9/2008
$609.00
4095 COCA COLA BOTTLING COMPA
6060
4/9/2008
$591.50
4107 COMPTON'S COMMERCIAL CLN
6061
4/9/2008
$4,015.05
9343 DEPARTMENT OF LABOR & IN
6062
4/9/2008
$353.00
8437 DIRECTV INC
6063
4/9/2008
$29.77
7371 DISCOUNT STEEL, INC.
6064
4/9/2008
$37.01
8697 EXTREME BEVERAGE
6065
4/9/2008
$600.00
9395 FACTORY MOTOR PARTS CO
6066
4/9/2008
$115.78
8153 FILTERFRESH
6067
4/9/2008
$150.61
8647 FRATTALLONE'S HARDWARE
6068
4/9/2008
$248.54
1030 G & K SERVICES INC
6069
4/9/2008
$1,066.84
1110 GENERAL INDUSTRIAL SUPPL
6070
4/9/2008
$26.03
1180 GOODIN COMPANY
6071
4/9/2008
$42.38
8127 GRAFIX SHOPPE
6072
4/9/2008
$1,115.00
4172 GRAPE BEGINNINGS, INC.
6073
4/9/2008
$957.85
4175 GRIGGS COOPER & CO INC
6074
4/9/2008
$6,900.87
8944 HENN CNTY INFO TECH DEPT
6075
4/9/2008
$2,843.56
8365 HENNEPIN COUNTY TREASURE
6076
4/9/2008
$567.50
9204 HENRY SCHEIN, INC.
6077
4/9/2008
$143.98
1523 HIGGINS INSURANCE AGENCY
6078
4/9/2008
$1,348.87
9494 HIGHWAY TECHNOLOGIES, IN
6079
4/9/2008
$159.80
4207 HOHENSTEIN'S, INC
6080
4/9/2008
$4,473.18
8252 HOME DEPOT CREDIT SERVIC
6081
4/9/2008
$93.79
8035 INTERNATIONAL PUBLIC
6082
4/9/2008
$277.50
9048 JEFFERSON FIRE & SAFETY,
6083
4/9/2008
$95.63
4125 JJ TAYLOR DISTRIBUTING
6084
4/9/2008
$43,021.81
U.S. BANK ST, ANTHONY VILLAGE 17
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
4220 JOHNSON BROTHERS LIQUOR
6085
4/9/2008
$8,509.16
8434 LEAGUE OF MINNESOTA CITI
6086
4/9/2008
$388.98
2040 LILLIE SUBURBAN NEWSPAPE
6087
4/9/2008
$150.00
9114 M. AMUNDSON LLP
6088
4/9/2008
$1,805.61
2130 MAMA
6089
4/9/2008
$20.00
4265 MARK VII SALES INC
6090
4/9/2008
$15,735.35
8263 MCLEOD USA, INC.
6091
4/9/2008
$211.27
9576 METRO ENGINE SERVICE
6092
4/9/2008
$183.75
8245 METRO FIRE
6093
4/9/2008
$58.28
2240 METROPOLITAN COUNCIL
6094
4/9/2008
$38,938.92
8467 MIDWAY FORD
6095
4/9/2008
$200.00
9092 MIKE'S CLEAN SWEEP SERVI
6096
4/9/2008
$1119.83
7131 MINNESOTA DEPT OF HEALTH
6097
4/9/2008
$23.00
8850 MINNESOTA HIGHWAY SAFETY
6098
4/9/2008
$472.00
8269 MINNESOTA SHREDDING LLC
6099
4/9/2008
$60.00
9020 MINNESTALGIA WINERY
6100
4/9/2008
$255.00
8074 MN POLLUTION CONTROL AGE
6101
4/9/2008
$23.00
2475 MUNICI-PALS
6102
4/9/2008
$25.00
5232 MURPHY'S SERVICE CENTER
6103
4/9/2008
$1,386.56
9475 NEOPOST LEASING
6104
4/9/2008
$271.31
8883 NEW FRANCE WINE COMPANY
6105
4/9/2008
$664.75
9266 NORTHERN WATER WORKS SUP
6106
4/9/2008
$301.73
9523 NORTHSTAR INSPECTION SER
6107
4/9/2008
$2,958.43
8988 NOVACARE REHABILITATION
6108
4/9/2008
$300.00
.0153 O'CONNER/PAT
6109
4/9/2008
$50.00
45 OFFICE DEPOT
6110
4/9/2008
$21.24
7226 OLSON'S PLUMBING
6111
4/9/2008
$550.00
4354 PAUSTIS & SONS
6112
4/9/2008
$1,280.39
9563 PETTY CASH - U.S. BANK
6113
4/9/2008
$157.38
4360 PHILLIPS WINE & SPIRITS
6114
4/9/2008
$6,411.15
9203 POSITIVE ID, INC.
6115
4/9/2008
$19.47
8789 POST BOARD
6116
4/9/2008
$630.00
7057 PRAXAIR
6117
4/9/2008
$2.97
9139 PROPERTY KEY, INC.
6118
4/9/2008
$50.00
4385 QUALITY WINE CO
6119
4/9/2008
$12,741.19
9036 RAMSEY COUNTY FIRE CHIEF
6120
4/9/2008
$60.00
9259 SPRINT
6121
4/9/2008
$689.68
7072 ST ANTHONY CHAMBER OF CO
6122
4/9/2008
$240.00
3155 ST ANTHONY FIRE RELIEF A
6123
4/9/2008
$1,422.00
4782 ST ANTHONY VILLAGE CENTE
6124
4/9/2008
$1,907.12
9083 ST. ANTHONY RETAIL DEVEL
6125
4/9/2008
$1,648.47
8969 STAN MORGAN & ASSOCIATES
6126
4/9/2008
$54.08
8620 SUNDE/TRESSA
6127
4/9/2008
$34.07
4780 SURLY BREWING CO
6128
4/9/2008
$450.00
7365 TOLL GAS & WELDING SUPPL
6129
4/9/2008
$164.59
3560 TRACY PRINTING
6130
4/9/2008
$604.02
8824 TRI -COUNTY BEVERAGE, INC
6131
4/9/2008
$647.00
8449 TWIN CITY GARAGE DOOR
6132
4/9/2008
$467.27
4481 TWIN CITY JANITOR SUPPLY
6133
4/9/2008
$577.39
9171 UNIQUE PAVING MATERIAL
6134
4/9/2008
$243.67
8336 UNITED ELECTRIC COMPANY
6135
4/9/2008
$144.53
U.S. BANK ST. ANTHONY VILLAGE 18
CHECK REGISTER
VENDOR # PAYEE
CHECK #
DATE
AMOUNT
8270 UNITED STATES POSTAL SER
6136
4/9/2008
$700.00
8227 VERIZON WIRELESS
6137
4/9/2008
$818.14
4451 VINOCOPIA
6138
4/9/2008
$385.23
8890 WEBBER RECREATIONAL DESI
6139
4/9/2008
$2,356.85
8316 WINE COMPANY/THE
6140
4/9/2008
$469.90
8310 WINE MERCHANTS INC
6141
4/9/2008
$1,746.62
4499 WORLD CLASS WINES, INC.
6142
4/9/2008
$254.00
2680 XCEL ENERGY
6143
4/9/2008
$3,648.61
9076 XCELERATED COMPUTER SOLU
6144
4/9/2008
$370.00
7325 YOCUM OIL COMPANY, INC.
6145
4/9/2008
$20,519.43
8492 ZARNOTH BRUSH WORKS, INC
6146
4/9/2008
$2,693.39
TOTAL $264,873.54
L@'t"at
-
EHLER
C
From: Stacie Kvilvang & Jonathan North — Ehlers and Associates
W
LEADERS IN PUBLIC FINANCE
OTo:
Mike Momson -- City Manager
C
From: Stacie Kvilvang & Jonathan North — Ehlers and Associates
W
Date: April 8, 2008
G
Subject: 2008 Road Reconstruction Bonds
Overview
On March 11, 2008, the City Council set a public hearing on the sale of Street Reconstruction
Bonds in an amount not to exceed $2.7 million to finance improvements to Silver Lake Road.
Since that time, the construction bids were received and the revised amount now needed to
complete the project is $1,910,000.
Primary Issues to Consider:
1. Can the City assess benefiting property owners for the project?
2. What is the proposed financing mechanism for the remaining project costs?
3. How does this type of financing differ from the City's typical way of financing street
reconstruction projects?
4. What is the timeline/process for the issuance of the bonds?
Analysis of Issues:
1. Can the City assess benefiting property owners for the project?
No. Since the Silver Lake Road is a County State Aid Road, the City does not have the
ability to assess benefiting property owners for a portion of the project, as is typical with
the City's on-going road reconstruction program.
2. What is the proposed financing mechanism for the remaining project costs?
We are proposing that the City utilize its authority to issue General Obligation Street
Reconstruction Bonds to finance the entire remaining balance of the project, in which the
amount financed will be paid 100% by a general tax levy. This authority was granted to
LEADERS IN PUBLIC FINANCE
3o6o Centre Pointe Drive
Roseville, MN 55ii3-uo5
Phone: 65i -697-85o6 Fax: 65i-697-8555
skvilvang@ehlers-inc.com
19
20
Mike Mornson
2008 Road Reconstruction Bonds
Page 2
April 8, 2008
Cities in 2002 and it generally exempts city bonds issued ander a street reconstruction
program from the referendum requirements usually required for bonding expenditures
(referendum generally required if 20% of the project is not/cannot be assessed). The City
is required to hold a public hearing on its intent to issue these bonds and its 5 -year Street
Reconstruction Plan (attached).
The City typically levy's $145,000 each year for its annual road reconstruction program.
The annual levy for this years road reconstruction project will be approximately $175,000
or $30,000 more than the average the City typically levy's. It should be noted that there is
no impact to taxpayers for this increased levy amount since the City paid off three (3) bond
issues earlier this year, which freed up $87,000 in levy capacity.
3. How does this type of financing differ from the City's typical way of financing street
reconstruction projects?
In order to utilize this type of financing, the City has to prepare a 5 -Year Street
Reconstruction Plan (SRP) which is presented at a public hearing to solicit comment and
feedback from the community (this isn't required for 429 improvement bonds and is an
extra step in the typical bonding process). Upon conclusion of the public hearing, the
Council must approve the SRP via a unanimous vote.
Although a referendum is not required, a reverse referendum is allowable. If a petition
bearing the signatures of at least 5 percent of the votes cast in the last general election
requesting a vote on the issuance of the bonds is received by the municipal clerk within 30
days after the public hearing, a referendum vote on the issuance of the bonds shall be
called (if a vote is taken and the referendum passes, the taxes would be levied on market
value rather than tax capacity).
In addition, these bonds are restricted by the amount of net debt the city can issue. A city
cannot issue debt in excess of 2% of the assessor's taxable market value for the city. For
St. Anthony, the 2008 TMV is $893,542,800. Therefore, the total amount of outstanding
debt cannot exceed $17,870,856. As of April 8, 2008 the City had only $4,755,000
subject to the legal debt limit (over $13 million in capacity available).
21
Mike Monson
2008 Road Reconstruction Bonds
Page 3
April 8, 2008
4. What is the timeline/process for the issuance of the bonds?
bellowing is the timeline for issuance of the bonds:
April 8, 2008
City Council holds Public Hearing on Bonds and on SRP and adopts
Resolution giving preliminary approval for their issuance and approving Street
Reconstruction Plan by unanimous vote
April 8, 2008
City Council provides for sale of Bonds
May 8, 2008
_
Reverse referendum period ends
May 13, 2008
Council awards sale of Bonds
June 2008
Closing on Bonds/receipt of funds
Please contact me at 651-697-8506 with any questions.
22
CrrY OF ST. ANTHONY VHA AGC
RESOLUTION 08-026
GIVING PRELIMINARY APPROVAL
FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION
STREET RECONSTRUCTION PLAN BONDS
IN AN AMOUNT NOT TO EXCEED $1,910,000 AND
ADOPTING THE CITY OF ST. ANTHONY, MINNESOTA STREET
RECONSTRUCTION PLAN OF 2008 THROUGH 2012 THEREFOR
WHEREAS, the City Council of the City of St. Anthony, Minnesota (the "City") proposes to
issue its general obligation street reconstruction plan bonds (the "Bonds") and adopt the City of St.
Anthony, Minnesota Street Reconstruction Plan of 2008 through 2012 therefor (the "Plan"); and
WHEREAS, the City has caused notice of the public hearing on the intention to issue the
Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance with
Minnesota Statutes, Section 475.58, Subdivision 3b; and
WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed Plan has
been held on this date, following published notice of the hearing as required by law.
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of St. Anthony,
Minnesota, that the City hereby gives preliminary approval for the issuance of up to $1.,910,000
aggregate principal amount of the Bonds. The Plan is hereby adopted, the same being before the
City Council and made a part of these proceedings by reference. The City declares its official intent
to reimburse itself for the costs of the Plan from the proceeds of the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
23
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ST. ANTHONY
I, the undersigned, being duly qualified and acting Clerk of the City of
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached
and foregoing extract of minutes with the original minutes of a meeting of the City Council of said
City, duly called and held on the date therein indicated, which are on file and of record in my office,
and the same is a full, true and complete transcript therefrom insofar as the same relates to a
resolution giving preliminary approval for the issuance of the City's general obligation street
reconstruction plan bonds and adopting the City's street reconstruction plan therefor.
WITNESS my hand this day of 20
City Clerk
[Bonds must be approved unanimously.]
[Issuance of Bonds is subject to a 30 -day reverse referendum after the public hearing.]
24
2008 through 201.2
Five -Year Street Reconstruction Plan for the
City of St. Anthony, Minnesota
April 8, 2008
Prepared by.
Ehlers & Associates, Inc.
3060 Centre Pointe Drive
Roseville, MN 55113
HLRS
LEADERS IN PUBLIC FINANCE
25
Table of Contents
I. INTRODUCTION................................................................................3
II. PURPOSE.............................................................................................4
III. THE STREET RECONSTRUCTION PLANNING PROCESS .......... 5
IV. PROJECT SUMMARY........................................................................6
V. FINANCING THE STREET RECONSTRUCTION PLAN ...............7
PROJECT COSTS........................................................... APPENDIX A
PROPOSED SRP BOND ISSUES .................................. APPENDIX B
PRE -SALE SCHEDULE ................................................. APPENDIX C
RESOLUTIONS/NOTICE OF PUBLIC HEARING...... APPENDIX D
Ehlers & Associates, Inc. Page 2
NRA
City of St. Anthony
Five -Year Street Reconstruction Plan
2008 through 2012
L INTRODUCTION
In 2002, the Minnesota State Legislature passed into law a bill which
generally exempts city bonds issued under a street reconstruction program
from the referendum requirements usually required for bonding expenditures.
Ehlers & Associates, Inc. Page 3
27
II. PURPOSE
Street reconstruction is a major expenditure of city funds for the
reconstruction of streets. Street reconstruction may include utility
replacement and relocation, public safety street modifications, and other
incidental costs, turn lanes and other improvements having a substantial
public safety function, realignments, other modifications to intersect with state
and county roads, and the local share of state and county road projects.
Except in the case of turn lanes, safety improvements, realignments,
intersection modifications, and local share of state and county road projects,
street reconstruction does not include the portion of project costs allocable to
widening a street or adding curbs and gutters where none previously existed.
A Street Reconstruction Plan (SRP) is a document designed to anticipate
street reconstruction expenditures and schedule them over a five-year period
so that they may be purchased in the most efficient and cost effective method
possible. A SRP allows the matching of expenditures with anticipated
income. As potential expenditures are reviewed, the city considers the
benefits, costs, alternatives and impact on operating expenditures.
The City of St. Anthony, Minnesota (the "City") believes the street
reconstruction process is an important element of responsible fiscal
management. Major capital expenditures can be anticipated and coordinated
so as to minimize potentially adverse financial impacts caused by the timing
and magnitude of capital outlays. This coordination of capital expenditures is
important to the City in achieving its goals of adequate physical assets and
sound fiscal management. In these financially difficult times good planning is
essential for the wise use of limited financial resources.
The Street Reconstruction Plan is designed to be updated on an annual basis.
In this manner, it becomes an ongoing fiscal planning tool that continually
anticipated future capital expenditures and funding sources.
Ehlers & Associates, Inc. Page 4
III. THE STREET RECONSTRUCTION PLANNING PROCESS
The street reconstruction planning process is as follows; the City Council
authorizes the preparation of the Street Reconstruction Plan (SRP). The City
staff is instructed to assemble the capital expenditures to be undertaken within
the next five years. The City Council then reviews the expenditures according
to their priority, fiscal impact, and available funding. from this information, a
preliminary street reconstruction plan is prepared. A public hearing is held to
solicit input from citizens and other governmental units. Changes are made
based on that input, and a final project list is established.
The City Council then prepares a plan based on the available funding sources.
If general obligation bonding is necessary, the City works with its financial
advisor to prepare a bond sale and repayment schedule. Over the life of the
SRP, once the funding, including proceeds from the bond sales becomes
available, the individual capital expenditures can be made.
In subsequent years, the process is repeated as expenditures are completed as
new needs arise. Street reconstruction planning looks five years into the
future.
For a city to use its authority to finance expenditures under Chapter 475.58,
Subdivision 3b, it must meet the requirements provided therein. Specifically,
the city council must approve the sale of street reconstruction bonds by a
unanimous vote of its membership. In addition, it must hold a public hearing
for public input. Notice of such hearing must be published in the official
newspaper of the city at least 10, but not more than 28 days prior to the date of
the public hearing. The city council approves the SRP unanimously following
the public hearing.
Although a referendum is not required, a reverse referendum is allowable. If a
petition bearing the signatures of at least 5 percent of the votes cast in the last
general election requesting a vote on the issuance of bonds is received by the
municipal cleric within 30 days after the public hearing, a referendum vote on
the issuance of the bonds shall be called (if a vote is taken and the referendum
passes, the taxes would be levied on market value rather than tax capacity).
Ehlers & Associates, Inc. Page 5
29
IV. PROJECT SUMMARY
The expenditures to be undertaken with this Street Reconstruction Plan (SRP)
are limited to those listed in Appendix A. All other foreseeable capital
expenditures within the City government will come through other means. The
following expenditures have been submitted for inclusion in this SRP:
2008 Expenditures
• $1.8 Million — Silver Lake Road Reconstruction
2009 Expenditures
• $2.1 Million — Road reconstruction, including storm sewer, sanitary
sewer and water main improvements - 36`h Avenue NE from Roosevelt
street NE to Harding Street NE, and Edward Street NE from 35"'
Avenue NE to County Road D
2010 Expenditures
• $2.1 Million - Road reconstruction, including storm sewer, sanitary
sewer and water main improvements — 35`h Avenue NE from Belden
Drive to Harding Street NE, Coolidge Street NE from 34"' Avenue NE
to 36"' Avenue NE, and Belden Drive from 34"' Avenue NE to 36"'
Avenue NE.
2011 Expenditures
$2.1 Million - Road reconstruction, including storm sewer, sanitary
sewer and water main improvements — 36"' Avenue NE from Harding
Street NE to Silver Lake Road, Harding Street NE from 36`h Avenue
NE to County Road D, Coolidge Street NE from 36`h Avenue NE to
County Road D, and Belden Drive from 36"' Avenue NE to County
Road D.
2012 Expenditures
• $2.1 Million - Road reconstruction, including storm sewer, sanitary
sewer and water main improvements — Shamrock Drive from 39`h
Ehlers & Associates, Inc. Page 6
30
Avenue NE to Silver Lane, and Fordham Drive from 39`x' Avenue NE to
Silver Lane.
V. FINANCING THE STREET RECONSTRUCTION PLAN
The total amount of requested expenditures under the Street Reconstruction
Plan is $10,200,000. If these expenditures are to be funded, that amount of
money is anticipated to be generated through the tax levy and the sale of
$10,200,000 in bonds over the five-year period.
In the financing of. the Street Reconstruction Plan, one statutory limitation
applies. Under Chapter 475, with few exceptions, cities cannot incur debt in
excess of 2% of the assessor's taxable market value for the city. In the City
the 2008 TMV is $893,542,800. Therefore, the total amount of outstanding
debt cannot exceed $17,870,856. As of March 1, 2008, the City had
$4,755,000 subject to the legal debt limit.
Under the Street Reconstruction Plan, the City will secure $1,800,000 in
general obligation bonds in the year 2008 to finance Silver Lake Road
Reconstruction. In the year 2009, general obligation bonds in the amount of
$2,100,000 will be secured for the 2009 Road Reconstruction Project. In
2010, general obligation bonds in the amount of $2,100,000 will be used to
finance improvements for the 2010 Road Reconstruction Project. In 2011,
general obligation bonds in the amount of $2,100,000 will be used to finance
improvements for the 2011 Road Reconstruction Project. Finally in the year
2012, $2,100,000 in general obligation bonds will be secured for the financing
of the 2012 Road Reconstruction Project. All five general obligation bond
issues will be repaid over a 15 -year period. The par amount of each issue is
based on the amounts listed in Appendix A plus estimated issuance costs. The
proposed general obligation street reconstruction bonds (including issuance
costs) are shown in Appendix B.
Continuation of the Street Reconstruction Plan
This Street Reconstruction Plan should be reviewed annually by the City
Council using the process outlined in this Plan. It should review proposed
expenditures, make priority decisions, and seek funding for those expenditures
it deems necessary for the City. If deemed appropriate, the Council should
prepare an update to this Plan.
Ehlers & Associates, Inc. Page 7
31
APPENDIX A
PROJECT COSTS
(Capital Expenditures to be funded with Bond Proceeds)
The 2008 capital expenditure of approximately $1,800,000 for the City's portion of reconstruction of
Silver Lake Road is to be funded with $1,910,000 in bond proceeds. These expenditures are
anticipated due to the need to reconstruct Silver Lake Road for traffic flow and safety issues as a joint
project with Hennepin County (the County is financing their portion of costs separately).
City of St. Anthony, Minnesota
$1,190,000 General Obligation Street Reconstruction Bonds, Series 2008
(Silver Lake Road Reconstruction)
Full Competitive Sale/15 Year
Sources & Uses
Dated 06/15/2008 1 Delivered 06/15/2008
Sources Of Funds
Par Amount of Bonds $1,910,000.00
Uses Of Funds
Total Underwriter's Discount (1,250%) 23,875.00
Total Uses _._ - S1,910,000.00
Ehlers & Associates, Inc. Page 8
32
APPENDIX B
PROPOSED SRP BOND ISSUES
City of St. Anthony, Minnesota
$1,910,000 General Obligation Street Reconstruction Bonds, Series 2008
(Silver Lake Road Reconstruction)
Tull Competitive Sale/15 Year
Net Debt Service Schedule
Date Principal Coupon Interest Total P+i CIF Net New DIS
02/01/2009
-
-
48,583.72
48,583.72
(48,583.72)
-
02/01/2010
100,000.00
3.100%
77,390.00
177,390.00
-
177,390.00
02/01/2011
100,000.00
3.150%
74,290.00
174,290.00
-
174,290.00
02/01/2012
105,000.00
3.350%
71,140.00
176,140.00
-
176,140.00
02/01/2013
_.._
105,000.00
_______-1
_
3.500%
.._
-3-.65-0%--
67,62250
__.
172,622.50
-
172,622.50
02/01/2014
IIQ,000.00
3.650%
63,947.50
_._..
173,947.50
___. __.....
-
._._.. -___-
173,947.50
02/01/2015
115,000.00
3.800%
59,932.50
174,932.50
-
174,932.50
02/01/2016
120,000.00
3.950%
55,562.50
175,562.50
-
175,562.50
02/01/2017
125,000.00
4.050%
50,822.50
175,822.50
-
175,822.50
02/01/2018
130,000.00
4.150%
45,760.00
175,760.00
-
175,760.00
02/01/2019
135,000.00
4.250%
40,365
00
175,365.00
-
175,365.00
02/01/2020
140,000.00
4.350%
34,627.50
174,627.50
-
174,627.50
02/01/2021
145,000.00
4.450%
28,537.50
173,537.50
-
173,537.50
02/01/2022
155,000.00
4.550%
22,085.00
177,085.00
-
177,085.00
_ _02/01/2023_
160,000
00
4.600%15,032.50
..._...._.._—
- _
175,032.50
-
175,032.50
02/01/2024
165,000.00
4.650%
._____
7,672.50
.
172,67250
........
-
__..__ -
172,672.50
Total
$1,910,000.00
-
$763,371.22
$2,673,371.22
(48,583.72)
$2,624,787.50
Ehlers & Associates, Inc. Page 9
33
APPENDIX C
Pre -Sale Schedule dated March 11, 2008
5- Year City Street Reconstruction Plan Bond Issuance
City of St. Anthony, Minnesota
The City Council must take the following actions before Bonds can be issued:
f City Council directs preparation of a 5 -Year Street Reconstruction Plan.
• City Council conducts a Public Hearing on issuance of Bonds and Street Reconstruction Plan.
• City Council approves Bonds and Street Reconstruction Plan by unanimous vote.
The table below lists the steps in the issuing process:
March 11, 2008
City Council adopts Resolution calling for Public Hearing on issuance of Bonds and on Street
Reconstruction Plan.
March 20, 2008
Close date to get Notice of Public Hearing on issuance of Bonds and on Street Reconstruction Plan to
official newspaper for publication.
March 26, 2008
Publish Notice of Public hearing on issuance of Bonds and on Street Reconstruction Plan (publication no
more than 28 days and no less than 10 days prior to hearing (late).
April 8, 2008
City Council holds Public Hearing on Bonds and on Street Reconstruction Plan and adopts Resolution
giving preliminary approval for their issuance and approving Street Reconstruction Plan by unanimous
vote.
April 8, 2008
City Council provides for sale of Bonds.
May 8, 2008
Reverse referendum period ends (within 30 days of the public hearing).
May 13, 2008
City Council accepts offer for Bonds and adopts Resolution -Approving sale of Bonds.
June 2008
Tentative closing/receipt of funds.
Net Debt Limit
Assessor's Taxable Market Value 893,542,800
Multiply by 2% 0.02
Statutory Debt Limit 17,870,856
Less: Debt Paid Solely from Taxes (4,755,000)
Unused Debt Limit 13,115,856
Ehlers & Associates, Inc. Page 1.0
APPENDIX D
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA
HELD: MARCH 11, 2008
Pursuant to due call and notice thereof, a regular meeting of the City Council of City of St
Anthony, Minnesota, was duly called and held at the City Hail in the City of St. Anthony, Minnesota
on the 11°i day of March, 2008 at 7:00 for the purpose, in part, of calling a public hearing on the
intention to issue general obligation street reconstruction plan bonds and the proposal to adopt a street
reconstruction plan therefor.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its
adoption:
RESOLUTION CALLING PUBLIC HEARING ON
THE INTENSION TO ISSUE GENERAL OBLIGATION STREET
RECONSTRUCTION PLAN BONDS AND THE PROPOSAL TO
ADOPT A STREET RECONSTRUCTION PLAN THEREFOR
A. WHEREAS, pursuant to Minnesota Statutes, Section 475.58, Subdivision 3b the City of
St. Anthony, Minnesota (the "City") may issue bonds to finance capital expenditures under its street
reconstruction plan (the "Plan") without an election provided that, among other things, prior to issuing
the bonds the City adopts the Plan after a public hearing thereon and publishes a notice of its intention
to issue the bonds and the date and time of a hearing to obtain public comment on the matter; and
B. WHEREAS, the City Council will hold a public hearing on its intention to
issue general obligation street reconstruction plan bonds (the "Bonds") and to adopt the Plan therefor
pursuant thereto on April 8, 2008; and
Ehlers & Associates, Inc. Page 11
35
NOW, THEREFOR, BE IT RESOLVED by the City Council of the City of St. Anthony,
Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and
to adopt the Plan therefor, such hearing to be held on the date and time set forth in Exhibit A attached
hereto. The City Council is hereby directed to cause the notice to be published at least 10 but not more
than 28 days before the hearing in the official newspaper of the City or a newspaper of general
circulation in the City.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted the same:
Whereupon said resolution was declared duly passed and adopted.
Ehlers & Associates, Inc. Page 12
Irl
STATE OF MINNESOTA
COUNTY OF RAMSY AND HENNEPIN
CffY OF ST. ANTHONY
I, the undersigned, being duly qualified and acting Clerk of the City of St. Anthony,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of said City, dilly called and held on the date
therein indicated, insofar as such minutes relate to the City Council calling a public hearing on the
intension to issue general obligation street reconstruction plan bonds and proposal to adopt a street
reconstruction plan therefor.
WITNESS my hand on this ___day of _ 2008.
City Clerk
Ehlers & Associates, Inc. Page 13
37
EXHIBIT A
CITY OF ST. ANTHONY
NOTICE OF PUBLIC HEARING
ON INTENTION TO ISSUE
GENERAL OBLIGATION STREET RECONSTRUCTION PLAN BONDS
AND PROPOSAL TO ADOPT A STREET
RECONSTRUCTION PLAN THEREFOR
NOTICE IS HEREBY GIVEN, that the City Council of the City of St. Anthony, Minnesota
will meet on April 8, 2008 at 7:00 pm at the City Halt, 3301 Silver Lake Road, St. Anthony,
Minnesota, for the purpose of conducting a public hearing on (a) the intention to issue general
obligation street reconstruction plan bonds in an amount not to exceed $2,700,000 and (b) the proposal
to adopt a street reconstruction plan therefor. The proceeds of the bonds will be used to finance
various street reconstructions within the City pursuant to Minnesota Statutes, Section 475.58,
Subdivision 3b.
All persons interested may appear and be heard at the time and place set forth above.
If a petition requesting a vote on the issuance of the bonds is signed by voters equal to 5
percent of the votes cast in the City in the last general election and is filed with the City within 30 days
after the public hearing, the bonds may only be issued upon obtaining the approval of the majority of
the voters voting on the question of issuing the bonds.
Individuals unable to attend the public hearing can make written comment by writing to Barb
Suciu, City Clerk, 3301 Silver Lake Road, City Hall, St. Anthony, Minnesota. Written comments
must be received prior to the public hearing.
BY ORDER OF THE CITY COUNCIL
City Clerk
[Submit March 20, 2008; Publish March 26, 2008]
Ehlers & Associates, Inc. Page 14
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF ST. ANTHONY, MINNESOTA
HELD: APRIL 8, 2008
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the
City of St. Anthony, Minnesota, was duly called and held at the City Hall in St. Anthony, Minnesota
on the 8"' day of April, 2008 at 7:00 p.m. for the purpose, in part, of giving preliminary approval for
the issuance of the City's general obligation street reconstruction plan bonds and adopting the City's
street reconstruction plan.
The following members were present:
and the following were absent:
Member
introduced the following resolution and moved its adoption:
RESOLUTION 08-026
GIVING PRELIMINARY APPROVAL
FOR THE ISSUANCE OF THE CITY'S GENERAL OBLIGATION
STREET RECONSTRUCTION PLAN BONDS IN AN AMOUNT
NOT TO EXCEED $1,910,000 AND
ADOPTING THE CITY OF ST. ANTHONY, MINNESOTA STREET
RECONSTRUCTION PLAN OF 2008 THROUGH 2012 THEREFOR
A. WHEREAS, the City Council of the City of St. Anthony, Minnesota (the "City")
proposes to issue its general obligation street reconstruction plan bonds (the "Bonds") and adopt the
City of St. Anthony, Minnesota Street Reconstruction Plan of 2008 through 2012 therefor (the "Plan");
and
B. WHEREAS, the City has caused notice of the public hearing on the intention to issue
the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance
with Minnesota Statutes, Section 475.58, Subdivision 3b; and
C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed
Plan has been held on this date, following published notice of the hearing as required by law; and
Ehlers & Associates, Inc. Page 15
39
NOW, THEREFOR, BE 1T RESOLVED by the City Council of the City of St. Anthony,
Minnesota, that the City hereby gives preliminary approval for the issuance of up to $1,910,000
aggregate principal amount of the Bonds. The Plan is hereby adopted, the same being before the City
Council and made a part of these proceedings by reference. The City declares its official intent to
reimburse itself for the costs of the Plan from the proceeds of the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and, after full discussion thereof and upon a vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Ehlers & Associates, Inc. Page 16
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ST. ANTHONY
I, the undersigned, being duly qualified and acting Clerk of the City of St. Anthony,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract
of minutes with the original minutes of a meeting of the City Council of said City, duly called and held
on the date therein indicated, which are on file and of record in my office, and the same is a full, true
and complete transcript therefrom insofar as the same relates to a resolution giving preliminary
approval for the issuance of the City's general obligation street reconstruction plan bonds and adopting
the City's street reconstruction plan therefor.
WITNESS my hand this _day of , 20__
City Clerk
[Bonds must be approved unanimously.]
[Issuance of Bonds is subject to a 30 -day reverse referendum after the public hearing.]
Ehlers & Associates, Inc. Page 17
Council Member
City of St. Anthony Village
Resolution No. 08 - 027
introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
$1,910,000 General Obligation Street Reconstruction Bonds Series 2008
A. WHEREAS, the City Council of the City of St. Anthony Village, Minnesota, has heretofore
determined that it is necessary and expedient to issue the City's $1,910,000 General Obligation
Improvement Bonds Series 2008 (the "Bonds"), to finance the cost of the 2008 street
reconstruction program in the City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"),
as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals
in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony Village,
Minnesota:
L Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the
sale of the Bonds.
2. Meetnig; Proposal Opening. The City Council shall meet at 7:00 P.M. on May 13, 2008, for the
purpose of considering scaled proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby
authorized to cooperate with Ehlers and participate in the preparation of an official statement for
the Bonds and to execute and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and, after full discussion thereof and upon a vote being taken thereon,
the following Council Members voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated this 8th day of April, 2008.
City Clerk
41
EHLERS 42
LEADERS IN PUBLIC FINANCE
OTo: Mike Morrison — City Manager
MFrom: Stacie Kvilvang — Ehlers & Associates
CDate: April 8, 2008
G Subject: Seventh Amendment to Development Agreement With Apache
Redevelopment LLC
On February 5, 2008, the City Council met in a work session to hear a presentation from Len
Pratt, Housing Developer for Silver Lake Village, on a revised concept for the Phase IB housing.
Mr. Pratt presented an option to change the type and number of units to be constructed in Phase
IB from 128 Condominiums (for sale) to 100 Cooperative Senior Units (for sale). In addition, he
introduced his potential new development partner, Cooperative Communities.
Based upon the presentation and short discussion, Council requested that staff prepare the
following:
1. List of pros and cons of approving the change
2. List of what would need to be updated in the Development Agreement if the change was
approved and if any changes would be required to the PUD that was filed, etc
3. Memorandum on what would happen if the City did not approve the change and legal
ramifications if there was a default as a result
At the March 18, 2008 work session, Council reviewed the above information and requested that
staff bring back a resolution to authorize proceeding to negotiate a 7`I' amendment to the
Development Agreement to allow for the change in type of housing to be developed as part as
Phase 113.
Please contact me at 651-697-8506 with any questions.
cc: File
LEADERS IN PUBLIC FINANCE
306o Centre Pointe Drive
Roseville, MN 55113-110S
Phone:651-697-8506 Fax: 651-697-8555
skvilvang@ehiers-inc.com
M,
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08-028
RESOLUTION RELATING TO A SEVENTH AMENDMENT TO A REDEVELOPMENT
AGREEMENT BY AND AMONG THE CITY OF SAINT ANTHONY, MINNESOTA, THE
HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT ANTHONY,
MINNESOTA, AND APACHE REDEVELOPMENT, LLC (THE "MASTER DEVELOPER"),
DATED DECEMBER 19, 2003 (THE "REDEVELOPMENT AGREEMENT"), AND PLANNED
UNIT DEVELOPMENT AGREEMENT, BY AND BETWEEN THE CiTY AND SILVER
LAKES HOMES I, LLC, DATED AS OF NOVEMBER 1, 2004 (THE "PUD AGREEMENT")
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and
Redevelopment Authority (the "Authority") entered into the Redevelopment Agreement and the City
entered into the PUD Agreement, both regarding an area located in the northwest portion of the City;
and
WHEREAS, pursuant to the Redevelopment Agreement, the Master Developer agreed to
develop a development in multiple Phases or Elements, including the Phase IB For Sale Housing
Development or Element consisting of an initial 128 units of for sale housing, subject to final plans to
be approved by the City; and
WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Sixth
Amendment to Redevelopment Agreement (fine "Sixth Amendment')), the Master Developer agreed to
commence construction of the Phase IB For Sale Housing Development by September 1, 2008, and the
Master Developer has informed the City that it will be unable to do so; and
WHEREAS, due to current market conditions and, the Master Developer has requested the
City approve a revised Phase IB plan which replaces the proposed 128 for sale condominium units
with 100 senior cooperative units; and
WHEREAS, the PUD Agreement contained final development approval for the Phase IB For
Sale Housing which is inconsistent with what is currently proposed by the Master Developer.
NOW, THEREFORE, BE IT RESOLVED, by the City of St. Anthony, Minnesota as follows:
That the City Manager and City Attorney are authorized to negotiate a Seventh Amendment to
Redevelopment Agreement and to negotiate an Amendment to the PUD Agreement, each
addressing the issues contained in this Resolution.
Adopted this 8th day of April, 2008.
Mayor
ATTEST:
City Clerk
Review for Administration:
City Manager
ME
Fire Code & Pertinent Ordinance Adoption
Staff Report
FINAL READING
Date: April 2, 2008
To: John Malenick, Fire Chief
From: Don Drusch, Fire Marshal
l 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 final reading of this ordinance.
45
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.
CHARTER 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 11.1.4 - 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
HMO
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)
a 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 3/4 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
47
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 mm) 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
(c) Appendix D - Fire Apparatus Access Roads
(d) Appendix H - 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. L Enforcement. The Code will be enforced by the Bureau under the supervision
of the Fire Chief.
1325.04 Fire Marshal.
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 Ira, nsporting F.,xplosives. 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
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 Parkin 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 fine 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.
50
(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 mm) height 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
sheet.
(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 pant 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 after the date of the decision.
51
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 Si tg ials. 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 Reouired. An Underwriter's Laboratory (UL) 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 Burning. 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
52
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.
(t) "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.E . 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.
53
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:
1. The proposed fire 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.
54
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 levet.
(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:
Second Reading:
Adopted:
March 12, 2008
March 25, 2008
April 8, 2008
Mayor
ATTEST:
City Clerk
Publish: April 16, 2008
55
STAFF REPORT 56
To: Mayor and City Council Report No.:
Mike Morrison, City Manager
From: Kim Moore -Sykes, Assistant City Manager 't�'
Date: April 8, 2008
Subject: Draft Sign Ordinance; Second Reading
Requested Action:
Date Application Received:
Property Address:
Zoning District -
60 -Day Expires:
Waiver Letter Required:
Future Action:
Approval of the Second Reading of the Draft Sign Ordinance
N/A
N/A
N/A
N/A
Yes Date Sent:
No X
Council Action: Three (3) Readings scheduled for March 25, 2008, April
8, 2008 and April 22, 2008.
Background: Late in 2006, the City Council directed staff to review and revise the Cites Sign Ordinance as a
result of a workshop on Land Use and Zoning issues that the League of Minnesota Cities sponsored. Staff
presented the resultant draft of the revised Sign Ordinance to the Planning Commission meeting on Feb. 19,
2008, whereby the Commissioners suggested changes which have been incorporated into the attached draft copy
of the proposed Sign Ordinance. Additional changes were suggested at the First Reading before the City
Council on March 25, 2008. Staff made these modifications to the wording at Section 14000.08, Subd. 7. to
include language that allows for an unlimited number and size of non-commercial speech signs to be posted
during even year elections. Staff also discovered that a similar subdivision regarding non-commercial speech is at
.Section 1400.06, Subd. 8. This subdivision is proposed to be removed in favor of Section 1400.08, Subd. 7., and
it has been struck through. All substantial changes are in red.
Attachments:
• 2nd Draft of proposed Sign Ordinance
• Letter from City Attorney, dated March 27, 2008.
Draft Sign Ordinance 2008 2nd reading.doc
OORSEY
DORSEY & WHITNEY LLP
JEROME P. GILLIGAN
(612) 340-2962
FAX (612) 340-2643
gilligan.jerome@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 I 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 21113.045.
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 r
ly,
6i7emep.
Gl i a
DORSEY & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • F 612.340.2868
SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402-1498
IDSA CANADA EUROPE ASIA
57
City of St. Anthony Village
Ordinance 08-002
CHAPTER 14. SIGNS
1400.01 Title. This Chapter will be known as the "Sign Ordinance".
1400.02 Findings, Purpose and Effect.
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 medium 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 of signs 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.
(f) 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.
59
(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. Effect. 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 -conforming
MM
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. Awnin =. A roof -like cover, often of fabric, plastic, metal or glass designed and
intended for protection from the weather or as a decorative embellishment, and which
projects from 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 -Si Yn. 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 box style or enclosed wall sign that is not of channel or
individually mounted letter construction.
Subd. 11. Canopy. A permanent roof structure attached to and supported by the
building.
Subd. 12. Canopy Sign. 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 non -electric copy, or 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 Sig<l. Any sign that displays a message electronically
through the use of pixel -based technology, such as but not limited to light emitting
diodes (LED's), liquid crystal, etc.
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. Flashing 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
any mode of lighting which resembles zooming, twinkling, or sparkling.
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
61
Subd. 24, Grade. Grade shall be construed to be the final ground elevation after
construction. Earth mounding or berming 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 of Sign. 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
4
source, so shielded that no direct illumination from it is visible except on the sign and in
its immediate proximity.
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. Legallv Established Non -Conforming Sign. Any sign and its support structure
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. Major 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 a building or
extending along and projecting beyond the wall of that building, generally designed and
constructed to provide protection from the weather.
Subd. 34. Mar uee Sign. Any building sign painted, mounted, constructed or attached in
any manner, on a marquee or made part of a marquee.
Subd. 35. Monument Sign. 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. Off -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 same premises where such business sign is located. For 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 Parquet (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.
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 primary 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 Sign. 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 Owner. Legal owner of property as officially recorded by Hennepin
or Ramsey 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 T rrifi Building r a Minnesota State
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.
6
63
M.
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.
Subd. 55. Rotating Sign. A sign or portion of a sign which turns about on an 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. Shimmering Signs. A sign which reflects an oscillating and/or sometimes
distorted visual image.
Subd. 60. SISI, zoug Ceuter. Any shopping center as defined in Section 1635.05, Subd. S.
Subd. 61. Si in. 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 pedestal, base, 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. String . 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.
65
Subd. 69. Total Site Signage. The maximum permitted combined area of all freestanding
and wall identification signs allowed on a specific property.
Subd. 70. Temporary Sign. 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 Sian. 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 Sign. 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 window panes 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 imitation 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.
0
Me
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
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. Inspections. 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.
dowing -the
spec4al-e'er on. See page 12, Subd. 7
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 hazard.
Subd. 4. Signs within the Public Right-of-way or Public Easement.
Subd. 5. Whirling 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 PropertyL. 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. Advertising Signs. Signs intended to be for the purpose of advertising in R-1,
R-1 A, 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. EmittingSigns. igns. Signs which emit sound, odor or visible mallet
10
67
M
Subd. 15. Animated Signs.
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. Off -premise 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 from 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. Chan ing 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 Six 61 Square Feet 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.
&Hbd. 4. Direetiefial Sis. These signs would be covered by Sub. 2. Signs Six (6) Square
Feet or Less in Size.
Subd. 4. Signs Affixed on Benches at Public Bus Stems.
Subd. 5. 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
in the same location as the existing sign, and is not prohibited sign under Section
1400.07.
Subd. 6. 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. Staff suggests this be in
requiring permit signs *
Subd. 7. Non -Commercial Signs Exemption. All non-commercial signs of any size may
be posted in any number from August I in a state general election year until ten (10) days
following the state general election. For local elections, which are usually held on the
first Tuesday after the first Monday in November of odd -numbered years, all non-
commercial signs of any size may be posted for four (4) weeks prior to a local election
until fine (5) days,following the local election. These exempted non-commercial signs are
not allowed to be placed within ten (10) feet,from the curb and ten (10),feet,from the
property lines. If these signs are placed in violation of these setbacks, they will be
removed by the City Code Inspector. See page 9; delete that subdivision in favor of this
subdivision.
1400.09 Signs Requiring Permits.
Subd. 1 Permits Required. No sign shall be erected, constructed, altered, reconstructed,
maintained or moved in the City without first securing a permit 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
70
(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 pian 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. Shonpin[ Centers/strip Mall/ Professional Buildin Comprehensive Sigu 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 tine extent
permitted in this Section and in the District Schedules set forth in Section 1400.12
13
Subd. 1. permit Application. A permit shall be applied for in accordance with Section
1400.09,
71
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.
(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. Laudscapin r. 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 number 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
b. 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.
C. The following types of signs are not permitted in residential zoning
districts:
Awning signs
ii. Balloon signs
iii. Canopy signs
iv. Plashing 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. Planning Commission recommends that this
height be reduced to eight (8) feet.
(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 -o£ --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 (c); and Section 1616.03(b).
15
72
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.
73
(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 fronn different vantage
points. The number of additional wall signs will not exceed one-half (1 /2)
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 (1/2) 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.
16
74
(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
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. Lirlit Industrial. 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
freestanding 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.
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.
17
C. The message changeability shall be limited to the minimum amount
of changes required to accomplish the purpose of the sign.
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. Com osp tion. The eonunission 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. The 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.
18
75
Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in
Section 615.
1400.15 Non -Conforming Signs.
76
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 -Conforming Sipns. All signs existing as of January 1, 2009, which
would be prohibited by this Chapter, or which would require a permit under 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: March 25, 2008
Second Reading:
Adopted:
ATTEST:
City Clerk
Publish:
Mayor
20
77
W.
Staff Report
To: Mike Morrison
From: John Malenick, Fire Chief
Date: March 27, 2008
Re: Property Maintenance ordinance changes, second reading
_Property Maintenance Code: After the May 2007 Work session, staff was directed
to explore and propose possible changes to current city ordinances as they pertain
to property maintenance. Of particular concern was how the current code
addressed rental property and inspections. To this end, staff began researching
and planning new ordinances.
Proposed at the first reading of recommended changes (March 25, 2008) was the
addition of a new section to the City Codes (sec.1336). This new section will adopt
the International Property Maintenance Code (IPMC) as an enforceable document
as it pertains to St. Anthony rental property. Within this section are amendments to
the IPMC to reflect past St. Anthony practice and the licensing procedures for all
rental property.
Council discussion at the March 25th reading centered on the inclusion of non
owner occupied homes that are not rented into the licensing requirements. Staff
was then directed to explore language that would include into the
licensing/inspection process, any non owner occupied dwelling.
City attorney Jay Lindgren was then contacted for opinion and subsequently it was
agreed to modify the definition of Rental Unit to describe any dwelling that is not
owner occupied. A letter to this affect is forthcoming from Jay Lindgren that will be
presented at the second reading of the Ordinance 08-003.
Thank you for your consideration.
Staff involved: Kim Moore -Sykes, Barb Suciu, Rick Lundeen, and John Malenick
John Malenick, Fire Chief
0 Page 1
OORSEY 79
JAY R. LINDGREN
Partner
(612) 492-6875
FAX (952) 516-5636
lindgren.jay@dorsey.com
March 27, 2008
Mike Morrison
City Manager
City of St. Anthony
3301 Silver Lake Road NE
St. Anthony, MN 55418-1603
Re: Proposed Section 1336 of the City Code
Dear Mr. Mornson:
At your request I have prepared suggested language addressing the issue discussed by
the Council during first reading of the referenced rental housing ordinance. If the Council
determines, from a policy perspective, that it would like to broaden the application of the rental
housing licensure requirements (as discussed by the Council), the following language could be
used.
1336.01 Definitions
Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or
lease in exchange for monetary payment or which is occupied by
someone other than the owner for a period longer than [six]
months.
I have bracketed the six-month period, because it is one alternative discussed by the
Council. I believe the Council can substitute another time period (i.e., twelve months) if they so
choose.
I believe that all other conclusions reached by my partner, Jerry Gilligan, in his
March 18. 2008 letter remain valid.
Should you have any questions, please call me.
Very truly yours,
Jay R. Lindgren
JRL/prb
cc: Jerome 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 CANA(JA EUROPE ASIA
M
Staff Report
To: Mike Mornson
From: John Malenick, Fire Chief
Date: March 27, 2008
Re: Ordinance Changes and Division of Property Maintenance
Property Maintenance Code Changes: With the adoption of the proposed
changes to the city Housing Code ordinances (08-003), staff is recommending the
creation of a Division of Property Maintenance under the direction of the Fire
Department. As in the past, the Fire Department would continue enforcing the
housing ordinance with the addition of conducting annual rental property
inspections. To accomplish this would require one additional part time Deputy Code
Official. (See budget attachment)
Funding for this new division could be achieved through a restructuring of rental
property licensing. Our current license fees for rental property are by far the lowest
in the metropolitan area. An adjustment to industry norm would adequately fund the
activity and payroll of the new Property Maintenance Division. (See fee structure
attachment)
Attachments:
- Recommended fee structure for rental property
- Estimated budget for Property Maintenance Division
Thank you for your consideration.
Staff involved: Kim Moore -Sykes, Barb Suciu, Rick Lundeen and John Malenick
0 Page 1
CITY OF ST. ANTHONY VILLAGE
Ordinance 08-003
SECTION 1335 — ROUSING MAINTENANCE AND OCCUPANCY
1335.01 Pur ose. 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.
(e) 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 of Property Maintenance 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. 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.
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. I{itchen. 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.
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. Recvclables. 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. 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.
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.
Section 1335.05 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
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 1335.06 Storage of Wood. Wood used for fireplaces must be stacked in a location other
than the front yard setback.
Section 1335.07 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 1335.08 Basic Equipment and Facilities. No person may occupy, or lest to another for
occupancy, any dwelling or dwelling unit which does not comply with all of the following:
Subd. I. Sump Prunes.
(a) Purpose. The discharge of water from roofs, surfaces, groundwater sump pmnps,
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.
(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. Inside 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) Inspection. 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 - Reins ep ction. 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.
(h) Winter Discliarge. 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 danger 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. 2. 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.
Section 1335.09 General Requirements. No person may occupy or let to another for occupancy
any dwelling or dwelling unit which does not comply with the following:
Subd. 1. Pence 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.
M
Subd. 2. Accessory Structure Maintenance.. 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.
Subd. 3. 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).
Subd. 4. 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 Gonrp4anee Building
Official.
Subd. 5. 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. 6. 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. 7. 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. 8. 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. 9. TemporaryStorage 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 1335.10 Maximum Occupancy, Minimum Space, Access. No person may
occupy or permit to be occupied any dwelling which does not comply with the following:
Im
Subd. 1. Maximum Occupancy.
1 — 2 Occupants 3 — 5 Occupants 6 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
Section 1335.11. 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 of IPMC)
S�CrtON 1336 -- RENTAL DWELLING
1336.00 Rental Dwelling
Subd. 1. Prose. 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 Definitions. 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. Apartment Building. A structure designed to accommodate three or more
dwelling limits.
Subd. 3. Enforcement Official. The City Manager and designated agents authorized to
administer and enforce this Section 1336.
Subd. 4. Coinnostina. Accumulation of yard 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 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 1336 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.
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. Rgeyclables. 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 reeyclables by Council resolution.
Subd. 21. Rcfiuse. 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.- in exchange for
monetary payment or which is occupied by someone other than the owner for a period
longer than (six) months.
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.
Subd. 27. Supplied. 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 kLwandloidj
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 making 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 clean, 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 and pay all
license fees as required by this Section before the rental dwelling may be rented.
Subd. 4. Drives, Parking, 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 walls 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 Responsibility of Occupant (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.
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
91
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 Required.
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 AnDlication.
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:
I . 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
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
92
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 Investitration. 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 Property 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 Order. 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. Unsafe of Dangerous 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. Any
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 of 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. 5. Renewal of License. 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 of License. Licenses are not transferable. Any change in the
ownership of the rental dwelling requires a new license.
93
Subd. 7. Resident Agent 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. 'Reeister of Occupancy The owner or its resident agent sliall 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. Number of bedrooms of each unit;
3. Number of units in each building; and
4. Number of adult and children (under 18) currently occupying each
unit.
1336.08 INSPECTIONS.
Subd. 1 InWeqfions. 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 Section1336.08. The City may,
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.
1336.09 CONDUCT ON LICENSED PREMISES.
Subd, I Owner Responsible. It sliall 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:
I. Violation of Minnesota Statutes Chapter 609 Gambling, Prostitution and
Disorderly Conduct; and
2. Violation of Minnesota Statutes Chapter 152 Controlled Substances; and
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. 2 City 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. 1 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 promises 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 days
95
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 Pendine 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 further instances of disorderly use.
Subd. 7 Findin == o�orderly 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 Linder 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
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 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 of
IPMC)
1336.11 HEARING PROCEDURE.
Subd. 1. Scheduling 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. Hearing. 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 unlawful 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. Appeal. 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 an owner to comply with a compliance order after the right of appea
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: March 25, 2008
Second Reading:
Adopted:
ATTEST:
City Clerk
Publish:
Mayor
97
W.
REQUEST FOR COUNCIL CONSIDERATION
Report Date: March 31, 2008
Meeting Date: April 8, 2008
Agenda Section: VI.E.
ITEM DESCRIPTION: Ordinance 08-004 -- Chapter 6; Fees Rates and Charges.
MANAGER'S REVIEW:
Attachments:
In conjunction with Ordinance 08-003; Housing Code
Ordinance, there are amendments that need to be made to
Chapter 6 of the St. Anthony City Code thus, arising in
Ordinance 08-004.
Attached are the proposed amendments for Chapter 6 of
the St. Anthony City Code
%MaMM&P
Michael Mornson
* Ordinance 08-004; Chapter 6 - Fees, Rates and Charges.
City Manager
ZACouncil Meetings120081040820Wstaff report for Chapter 6 ordinance - first reading.doc - 1 -
City of St. Anthony Village
ORDINANCE 08-004
CHAPTER 5. LICENSE, PERMITS AND BUSINESS REGULATIONS
CHAPTER 6. FEES, RATES AND CHARGES
c �n
the purlpese and intent F tl,: ^ c ti ^., c n: r O pYOteCt tiie �le$Iill SafL4j
utiae Giiy wlio-live as tkeip�ace o -f al3e<le o- I'
bar1,I' rd -t eawc--and-r sate tl� onditions of citizens ,.:,1:.,,.:., ,,..:u:ngs in a,^
rrtb'-at o-p�' egt� erg e �:�-�=�-=c'�s-nom;,-�a�
C -4-Y,
Wimpe e
e e
37( .03 A plication fer Licei}ses pplicatiet}s fer Iicen n� a c to Iae irtaa ^fin owner ert
€erffls-pt&v Icd-by-the-City-.Th urchaser ^f, apartment buill4ingmay-apY`J� t
S-aic—v'aai-:ek'—
bttl the paha^�c—, H(4-ven4he-appliearit-bec-onm4l
thc�c�pplicatioi�ril�c-fade-the-following:
(44---N tie-and-addr•.,sn :
(b) >\r^...n and address of ^ person res.d-tg-er-having-a-business-offioe in 14eanepin-er
Ramsey County, N inneseta-and-appeinte " y the ownerr purposes
o€-fiedees-u ides t c ai.'jcr-forsez'-`dz'8v^-vf prvEeSS-apen4hc-ovr'ic- %
(e) Name and address of any n anaging-eperator-or-agent-alid4he-persea-keeping-the
N�rrrtrtLregistc�r-re€erred-te-in�ec-tien3�0:
(d)N^ a??d a.l.lress of all partners if the appheant :s-aTaAnership:
(e) Name and address a'all oleers and member e€tlte- eafd of direetors ifn
�`7 Name and"add'ress irl'i�^z.vativaT rdc�^.z'li v�-iac'�soi�'rf�tchi. _••t.,. „t builds
n.l a ..t..,,,,t .. a
olT✓'n,.¢�cn�acl--CG ^�vrnzacavlT(?ied':
6-I
100
e
e
3&96—�c-cn:�� ees--L-ieer�se-fees-wall-�e-ix-a�ouiits-set fkc�i�-ttrxe-tio-�i�te-1�� resek�tiiet}ef-oke
�ttc-il�
MARA
a e s
�• r
s
e
! r.
Will -14,111 MOROI
6-2
Section 600 - FEES, RATES AND CHARGES ESTABLISHED
615.06 Other License Fees. No person other than the City may engage in the following
businesses or types of activity without first paying the fee listed in this Chapter and obtaining a
license as provided in this Chapter.
Minnesota Applicable
License Fee Term Transferable Statutes Code Section
Multiple Dwellings "o -per One year No 550
dwelling -t,114
$150 base fee plus
$10 per unit for 3
or more units
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:
6-3
Mayor
101
co
O
O
N
C
(6
102
O
O
O
o
o
O
o
o
z
M(/}
OQ
0
LL
O
_
C
0
1-
00
Efl
0
Nt
N
0
(
c
00
n
00
N
Ef?
O
Q
FO
z0.
w
(L
°-
�w
>'
O
=
Q
w
w
w
z
w
(D
=I
0 °
N
LO
H
rn
m
'
N
C
�
3
M
N
LL
k
i
N
U -
_Q
co
O
O
N
C
(6
102
W
m
Z
uj
W
U
O
LL
Z
LLI
W
a
O
U
w
0)
O
IL
w
0.
oLo 0SoNw �m
Q1 O
C'> tf>
N m
a
0
N
W
Z
w
W
U
Q.'
O
LL
Z
w
w
0
O
U
J
h
O
H
103
J
ul
z
O
LL
z
O
O=
fA
w0
LU
W
U)
O
Z
Za
a
W
L
c=»
�
w
U
Z
J
Z�
U
U
Z
D
O
U
d
7)
d
03
Z
a
O
V
U)
a
w
Z
w
w
xf
U
2
Jo
Q
Z
O
fA
r.
r.
r.
r
v
r.
r.
Cl:
r
U
w
J
C.
co
C\lN
�.
r.
r,
r
w
w
o
C?
r.
r.
r.
r
M
r.
r.
r.
r:
v
M
r.
r.
r.
r
M
r.
r.
r.
r
X
w
J
Q
o
LO
r.
r.
r.
r
Q'
r.
r.
a
�.
=
r.
r.
�.
r.
d.
�l
d
o
o
0
Q
o
0
0
0
V
0
a
0
N
W
Z
w
W
U
Q.'
O
LL
Z
w
w
0
O
U
J
h
O
H
103
CITY OF ST. ANTHONY VILLAGE
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
April 8, 2008
Call to Order.
Roll Call.
I. Approval of April 8, 2008, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion
of these items unless a Councilmember or citizen so requests, in which event the item will be removed from
the Consent Agenda and placed elsewhere on the agenda.
A. Approve March 11, 2008, H.R.A. Minutes.
B. Claims.
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
A. Resolution 08-005; Relating to the Seventh Amendment to a Redevelopment Agreement by
and among the City of St. Anthony, the Housing and Redevelopment Authority of the City
of St. Anthony and Apache Redevelopment, LLC, dated December 19, 2003.
V. Staff Reports.
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
ZACouncil Meetings120081040820081HRA agenda.doc
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
4.0
41
42
43
44
45
46
47
48
CITY OF ST. ANTHONY
HOUSING AND REDEVELOPMENT AUTHORITY MEETING
March 11, 2008
CALL TO ORDER.
Vice Chair Thuesen called the meeting to order at 8:46 p.m.
ROLL CALL.
Commissioners present: Vice Chair Thuesen; Commissioners Roth, and Stille
Commissioners absent: Chair Faust; Commissioners Gray
Also present: Executive Director Michael Mornson
I. APPROVAL OF MARCH 11, 2008 II.R.A. AGENDA.
Motion by Commissioner Stille, seconded by Commissioner Roth, to approve the March 11,
2008 Housing and Redevelopment Authority Agenda as presented.
Motion carried unanimously.
H. CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Stille, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of January 22 200& and
B. Claims
III. PUBLIC HEARINGS.
None
IV. GENERAL POLICY BUSINESS OF THE H.R.A.
None
V. STAFF REPORTS.
None.
VI. H.R.A. COMMISSIONER COMMENTS.
None.
Motion carried unanimously.
1
1
2
3
4.
5
6
7
8
9
10
11
12
13
14
Housing and Redevelopment Authority Meeting Minutes
March 11, 2008
Page 2
VII. INFORMATION AND ANNOUNCEMENTS.
None.
VIII. ADJOURNMENT.
Vice Chair Thuesen adjourned the meeting at 8:47 p.m.
Respectfully submitted,
Dianna Wise
TuneSaver Off Site Secretarial, Inc.
2
3
ACS FINANCIAL SYSTEM
04/01/2008 13:
BANK VENDOR
FIRS US BANK NA
ST. ANTHONY VILLAGE
Check Register GL540R-V06.75 PAGE 1
CHECKif DATE AMOUNT
.00154
BRANDON ELECTRIC INC
6148
04/09/08
485.00
008698
EHLERS & ASSOCIATES, INC
6149
04/09/08
3,492.50
009118
FANNIE MAE
6150
04/09/08
40,976.64
008938
GREATER METROPOLITAN
6151
04/09/08
12,500.00
009503
NORTH SIDE ELECTRIC
6152
04/09/08
1,650.00
US BANK
NA
59,104.14
***
OTo:
EH_LER_S_
4
Stacie Kvilvang -- Ehlers & Associates
CDate:
G
April 8, 2008
Subject:
Seventh Amendment to Development Agreement With Apache
Redevelopment LLC
LEADERS
IN PUBLIC FINANCE
OTo:
Mike Mornson — Executive Director
G From:
Stacie Kvilvang -- Ehlers & Associates
CDate:
G
April 8, 2008
Subject:
Seventh Amendment to Development Agreement With Apache
Redevelopment LLC
On February 5, 2008, the City Council met in a work session to hear a presentation from Len
Pratt, Housing Developer for Silver Lake Village, on a revised concept for the Phase IB
housing. Mr. Pratt presented an option to change the type and number of units to be
constructed in Phase IB from 128 Condominiums (for sale) to 100 Cooperative Senior Units
(for sale). In addition, he introduced his potential new development partner, Cooperative
Communities.
Based upon the presentation and short discussion, Council requested that staff prepare the
following:
1. List of pros and cons of approving the change
2. List of what would need to be updated in the Development Agreement if the change
was approved and if any changes would be required to the PUD that was filed, etc
3. Memorandum on what would happen if the City did not approve the change and legal
ramifications if there was a default as a result
At the March 18, 2008 work session, Council reviewed the above information and requested
that staff bring back a resolution to authorize proceeding to negotiate a 7`I' amendment to the
Development Agreement to allow for the change in type of housing to be developed as part as
Phase 1B.
Please contact me at 651-697-8506 with any questions.
cc: File
LEADERS IN PUBLIC FINANCE
3o6o Centre Pointe Drive Phone: 65i-697-8506 Fax: 651-697-8555
Roseville, MN 55113-1105 skvilvang@ehlers-inc.com
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF ST. ANTHONY VILLAGE
RESOLUTION 08-005
RESOLUTION RELATING TO A SEVENTH AMENDMENT TO A
REDEVELOPMENT AGREEMENT BY AND AMONG THE CITY Oh SAINT
ANTHONY, MINNESOTA, THE HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT ANTHONY, MINNESOTA, AND APACHE
REDEVELOPMENT, LLC (THE "MASTER DEVELOPER"), DATED
DECEMBER 19, 2003 (THE "REDEVELOPMENT AGREEMENT")
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony Housing and Redevelopment
Authority (the "Authority") entered into the Redevelopment Agreement regarding an area located in the
northwest portion of the City; and
WHEREAS, pursuant to the Redevelopment Agreement, the Master Developer agreed to develop a
development in multiple Phases or Elements, including the Phase IB For Sale Housing Development or
Element consisting of an initial 128 units of for sale housing, subject to final plans to be approved by the City;
and
WHEREAS, under Section 10.1 of the Redevelopment Agreement (as amended by the Sixth
Amendment to Redevelopment Agreement (the "Sixth Amendment")), the Master Developer agreed to
commence construction of the Phase fB For Sale Housing Development by September 1, 2008, and the Master
Developer has informed the Authority that it will be unable to do so; and
WHEREAS, due to current market conditions and, the Master Developer has requested the Authority
approve a revised Phase IB plan which replaces the proposed 128 for sale condominium units with 100 senior
cooperative units.
NOW, THEREFORE, BE Yf RESOLVED, by the Housing and Redevelopment Authority of the City
of St. Anthony, Minnesota as follows:
That the Executive Director and Authority Attorney are authorized to negotiate a
Seventh Amendment to Redevelopment Agreement addressing the issues contained in
this Resolution.
Adopted this 8th day of April , 2008.
Reviewed for Administration:
Chair
Executive Director