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HomeMy WebLinkAboutCC PACKET 04222008CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA April 22, 2008 7:00 p.m. Call to Order. Pledge of Allegiance. Roll Call. Consideration, Discussion, and Possible Action on All of the following items: I. Approval of the April 22, 2008, City Council Meeting Agenda. II. Proclamations and Recognitions. A. Presentation of the "Certificate of Achievement of Excellence in Financial Reporting" by Bruce Dejong, Government Finance Officers Association. (pp. 1- 3) B. Recognition of Police Office Mosby and Police Officer Dokken for their assistance in the arrest made on March 28, 2008. Police Chief John Ohl presentiuig. (p. 4) III. Consent Agenda. These items are considered routine and will be enacted by one motion. There mill be no separate discussion of these items unless a Comicilmember or citizen so requests, in which event the item will be removed from the Consent Agerida and placed elsewhere on the agenda. A. Approval of April 8, 2008, Council Meeting Minutes. (pp. 5 -14) B. Licenses and Permits. (p. 15) C. Claims. (pp. 16 -18) D. Resolution 08-029; Accepting a Donation from Wal*Mart Corporation to defray costs of the St. Anthony Police Department Citizen's Academy. (pp. 19 - 21) IV. Public Hearing. A. 2009 Budget. Mike Mornson, City Manager and Roger Larson, Finance Director. (pp. 22 - 26) V. Reports from Commission and Staff. VI. General Business of Council. A. Ordinance 08-002; Sign Ordinance (Final Reading) (pp. 27 - 48) B. Ordinance 08-003; !=lousing Code Ordinance (Final Reading) (pp. 49 - 67) C. Ordinance 08-004; Chapter 6 - Fees, Rates, and Charges (Second Reading) (pp. 68 - 71) D. Ordinance 08-005; Chapter 9; Chapter 9 - Parking During Snow Removal. (First Reading) (pp. 72 - 73) E. Quarterly Goals Review. Mike Morrison, City Manager (pp. 74 -- 79) VII. Reports from City Manager and Council members. VIII. Community Forum. Individuals pray address the City Council nbout any item not included on the regular agenda. Spenkers are requested to come to the podirim, sign their name and address on the form at the podium, state their name and address for tire Clerk's record, and limit their remarks to five minutes. Generally, the City Council Will riot take official action on items discussed at this time, but may typically refer the matter to staff for of dare report or direct tire matter to be scheduled on an upcoming agenda. IX. Information and Announcements. X. Adjournment. Oztr Mission is to be a progressive and livable commnnit f, a walkable village, which is safe and secure. ZACouncil Meetingsl20481042220081,iger7dapg#.doc Government Fivance Officers Association 'JV7 203 N. LaSalle Street - Suite 2700 Chicago, 11. 60601 Phone (312) 977-9700 Fax (3 12) 977-4806 October 23, 2007 Roger A. Larson Finance Director City of St. Anflrony 3301 Silver Lake Road St. Anthony MN55418 Dear Mr, Larson We are pleased to notify you that your compreliensive annual financial report (CAFR) for the fiscal year ended December 31, 2006, qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. Each entity submitting a report to the Certificate of Achievement review process is provided with a "Summary of Grading" form and a confidential list of continents and suggestions for possible improvements in its financial reporting techniques. Your list has been enclosed. You are strongly encouraged to implement the recommended improvements into the next report and submit it to the program. If it is unclear what must be done to implement a continent or if there appears to be a discrepancy between the comment and the information in the CAFR, please contact the Technical Services Center (3 12) 977-9700 and ask to speak with a Certificate of Achievement Program in-house reviewer. Certificate of Achievement program policy requires that written responses to the comments and suggestions for improvement accompany the next fiscal year's submission. Your written responses should provide detail about how you choose to address each item that is contained within this report. These responses will be provided to those Special Review Committee members participating in the review. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement (AFRA) is also presented to the individual(s) or department designated by the government as primarily responsible for its having earned the Certificate. As the designated individual we have enclosed your AFRA. Your Certificate of Achievement plaque will be shipped to you under separate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release has been enclosed. We suggest that you provide copies of it to local newspapers, radio stations and television stations. In addition, enclosed is the Certificate Program "Results" for reports with fiscal years ended during 2005 representing the most recent statistics available. A current holder of a Certificate of Achievement may include a reproduction of the award in its immediately subsequent CAFR. A camera ready copy of your Certificate is enclosed for that purpose. If you reproduce your Certificate in your next report, please refer to the enclosed instructions. A Certificate of Achievement is valid for a period of one year. To continue to participate in the Certificate of Achievement Program it will be necessary for you to submit your next CAFR to our review process. In order to expedite your submission we have enclosed a Certificate of Achievement Program application form to facilitate a timely submission of your next report. This form should be completed and sent (postmarked) with three copies of your report, three copies of your application, three copies of your written responses to the program's comments and suggestions for improvement from the prior year, and airy other pertinent material with the appropriate fee by June 30, 2008. You' continued interest in and support of the Certificate of Achievement Program is most appreciated. If we may be of any further assistance, please contact Delores Smith (dsmith@gfoa.org or (3 12) 578-5454). Sincerely, Government Finance Officers Association Stephen J. Gauthier, Director Technical Services Center SJG/ds Government Finance Officers Association 203 N. LaSalle Street - Suite 2700 Chicago, IL 60601 Phone(312)977-9700 Fax(312) 977.4806 u 10/23/2007 NEWS RELEASE For Information contact: Stephen Gauthier (3 12) 977-9700 (Chicago) --The Certificate of Achievement for Excellence in Financial Reporting has been awarded to City of St. Anthony by the Government Finance Officers Association of the United States and Canada (G] -,'OA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Roger A. Larson, Finance Director The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 16,000 government finance professionals with offices in Chicago, IL, and Washington, D.C. 3 2 MEMO DATE: March 31, 2008 TO: Officer Dokken, Officer Mosby FROM: John Ohl, Chief of Polio SUBJECT: Department Commendation Award On 03-28-08 at 0645 hours, the two of you responded to a bank robbery alarm at Twin City Federal Bank on Silver Lake Road. Moments later, Officer Dokken received confirmation that a bank robbery had occurred and that the suspect was armed and threatened bank employees. Officer Dokken then, using what can only be described as incredible "cop sense" or "gut instinct," was able to locate the suspect's vehicle as it was traveling westbound on I694. Officer Dokken then staged squads, including Officer Mosby, for what was undoubtedly going to be a very high risk stop. Officer Dokken attempted to stop this vehicle, and the suspect refused and led the two squads on a high speed chase. While engaged in the chase, both Officers Dokken and Mosby were calm and professional on the radio. Ultimately, the suspect's vehicle was stopped by squads and the suspect exited the vehicle with a handgun and was shot by police. Both Officer Dokken and Officer Mosby were present at the arrest scene and took the suspect into custody, along with several other agencies. Officer Mosby kept custody of the suspect and rode to the hospital in the ambulance. Officer Mosby maintained custody of the suspect until relieved by the FBI. Officer Dokken remained at the shooting scene and assisted me in coordinating the investigation of the shooting and robbery. Clearly, your actions are to be commended. Your outstanding performance in this case brought credit to our department and was an example of exceptional professional skill. Furthermore, your actions will also solve multiple other bank robberies, and put to an end the career of a prolific bank robber who was escalating both the frequency and violence of his robberies. I am often proud of my officers, and you two in specific.... this day was no exception I have convened an Awards Committee and it has been decided to give the two of you the department's second highest award, the Department Commendation Award (5-403). It will be my pleasure to issue these awards at one of our next council meetings (date to be announced). Thank you for risking your lives to bring to an end a substantial public risk. I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 APRIL, 8, 2008 4 5 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. 9 PLEDGE OF ALLEGIANCIs. 10 11 Mayor Faust invited the Council and audience to join him in the ,Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Faust; Councihnembers Gray, Roth, Stille, and Thuesen 16 Absent: None 17 Also Present: City Manager Mike Morrison, City Attorney Jay Lindgren, Assistant City Manager 18 Kim Moore -Sykes, Fire Chief John Malenick, Stacie Kvilvang of Ehlers & Associates, 19 and Jonathan North of Ehlers & Associates 20 21 22 CONSIDPsRATION, DISCUSSION, AND POSSIBLE ACTION ON ALL Oh" THE FOLLOWING 23 ITEMS. 24 25 L APPROVAL OF APRIL 8, 2008 CITY COUNCIL MEETING AGENDA. 26 27 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the City 28 Council Meeting Agenda of April 8, 2008. 29 30 Motion carried unanimously. 31 IL PROCLAMATIONS AND RECOGNITIONS. 32 33 A. Graduation of Mrs. Wyatt's and Mrs. Gordon's Junior Achievement Class 34 35 Mayor Faust stated the Council is recognizing 60 students from Wilshire Park Elementary that 36 have been participating in the Junior Achievement program, a not-for-profit organization 37 financed by businesses, foundations, and individuals to educate and inspire young people to 38 value free enterprise, business, and economics to improve the quality of their lives. 39 40 City Manager Mornson stated he was a volunteer in the program and the students participated in 41 a six week "Our City" program which considers economic development, local businesses, and 42 career opportunities. He stated the students worked on several things, including planning and 43 zoning where they rezoned their classrooms and named their city, they worked with a planner 44 from the City to place a business on a zoning map, they worked with two full-time firefighters to 45 assist them with their building, they worked in groups on a restaurant, they worked with a 46 newspaper reporter and had an article written about their work, and finally, the students worked 47 on banking, including how to write checks and open a savings account. 48 City Council Regular Meeting Minutes April 8, 2008 Page 2 Mayor Faust then presented each student with a proclamation and expressed the Council's thanks and congratulations to the students, parents, and teachers for their hard work on the project. III. CONSENT AGENDA. A. Consider March 25, 2008 Council meeting minutes. B. Consider licenses and ocrinits. C. Coru ide"ayment of claims. 10 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the Consent 11 Agenda items. 12 13 Motion carried unanimously. 14 IV. PUBLIC HEARING. 15 16 A. Resolution 08-026; Giving -Preliminary pprovalforthe Issuance ofthc City's General 17 Obligation Street Reconstruction Plan Bonds in an amount not to exceed $1,910,000 and 18 Adopting the City of St.. Anthony, Minnesota Street Reconstruction Plan of 2008 throe h 19 2012 therefor_. 20 21 Mayor Faust opened the public hearing at 7:17 p.m. 22 23 Stacie Kvilvang, Ehlers & Associates, appeared before the Council. She explained at the March 24 11, 2008 Council meeting, the Council set a public hearing on the sale of Street Reconstruction 25 Bonds in an amount not to exceed $2.7 million to finance improvements on Silver Lake Road; 26 since that time, the construction bids have been received and the revised amount needed to 27 complete the project is $1,910,000. She stated that since Silver Lake Road is a County State Aid 28 Road, the City does not have the ability to assess benefiting property owners for a portion of the 29 project and it is proposed that the City utilize its authority to issue General Obligation Street 30 Reconstruction Bonds to finance the entire remaining balance of the project, in which the amount 31 financed will be paid 100% by a general tax levy. She noted that in order to utilize this type of 32 financing, the City has to prepare a 5 -year Street Reconstruction Plan and upon conclusion of the 33 public hearing this evening, the Council must approve the Street Reconstruction Plan via a 34 unanimous vote. 35 36 As no one wished to appear, Mayor Faust closed the public hearing at 7:22 p.m. 37 38 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 08- 39 026; Resolution Giving Preliminary Approval for the Issuance of the City's General Obligation 40 Street Reconstruction Plan Bonds in an amount not to exceed $1,910,000 and Adopting the City 41 of St. Anthony, Minnesota Street Reconstruction Plan of 2008 through 2012 therefor. 42 43 Motion carried unanimously. 44 45 B. Resolution 08-027; Resolution Providing for the Sale of $1,910,000 General Obligation 46 Street Reconstruction Bonds Series 2008. 0 City Council Regular Meeting Minutes April 8, 2008 Page 3 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to adopt Resolution 08- 027; Resolution Providing for the Sale of $1,910,000 General Obligation Street Reconstruction Bonds Series 2008. Motion carried unanimously. Mayor Faust introduced Jonathan North of Ehlers & Associates. Ms. Kvilvang stated that Mr. North recentlyjoined Ehlers from Moody Investment Services in Chicago. 10 Mr. North addressed the Council and explained the impact of the subprime market on cities 11 across the country. He stated that when a city wants to issue bonds, it wants to do so at the lowest 12 possible interest rate; what has happened is that insurance companies have now been caught in 13 the subprime markets resulting in some insurance company ratings being downgraded. He 14 indicated that the City recently received a letter indicating that some of its bonds were 15 downgraded, and added this is not a reflection of the City, but rather, a reflection of what is 16 happening in the market today. He stated there are currently fewer insurance companies with an 17 "AAA" rating which means there is less competition among insurance companies. He indicated 18 there are a lot of investors putting their money into municipal bonds and they are still seeing low 19 interest rates; it was his opinion that there will continue to be fluctuation in the market. 20 21 Councilmember Thuesen requested Mr. North comment on derivatives and floating rate debt. 22 23 Mr. North stated there are a lot of cities that entered into variable rate debt, which means the rate 24 can change and short term rates have jumped around significantly. He explained there are also 25 auction rate securities, which are similar to variables, and those people who have issued auction 26 rate securities are having trouble re -auctioning the debt, with some paying interest as high as 27 20%. He noted that because the City has a fixed rate, it is positioned well in the market. 28 29 Councilmember Thuesen asked what it will take to stabilize the ratings that cities are facing at 30 this time. 31 32 Mr. North replied that municipal debt is a very safe security and the default rate is very low. He 33 stated the marketplace is coming around to understanding this. He noted that other rating 34 agencies are currently looking at a new rating scale for the entire industry. He stated it will be 35 important.for the City to pay attention to the diversity of its tax base and to keep an eye on long 36 term financial planning by having a goal and target in place that will allow the City to ride out 37 the storms in the near future. He stated there were previously eight or nine insurance companies 38 insuring debt and that number has dropped to two; as a result, they have seen some higher 39 premiums. He added there is not enough information at this point to render an opinion on the 40 impact this will have on cities due to the volatility in the market. 41 42 Mayor Faust expressed his thanks to Mr. North and stated the City appears to be well positioned 43 in the market. 44 45 V. REPORTS FROM COMMISSION AND STAFF. 46 None. rA City Council Regular Meeting Minutes April 8, 2008 Page 4 VI. GENERAL BUSINESS OF COUNCIL. A. Resolution 08-028; Relating to the Seventh Amendment to a RcdevelopmenC Apreement by and among the City of St. Anthony, the Housing and Redevelopment Authority of the City of St. Anthony and id Apache Redevelopment, LLC, dated December 19, 2003. 8 Stacie Kvilvang, Ishlers & Associates, stated at the February 5, 2008, Council work session, the 9 Council heard a proposal to change the Phase 1B housing component from 128 condominiums 10 (for sale) to 100 Cooperative Senior Units (for sale). She explained that the units will no longer I 1 be condominiums resulting in a difference in the way they are valued and based on the Council's 12 discussion, the Council requested staff prepare a list of pros and cons of allowing this to move 13 forward and also to look at what would have to be changed in the Development Agreement. 14 15 Mayor Faust stated with the changes in the marketplace, the City has to remain flexible. He 16 stated lie felt with the current condominium saturation in the metro area, cooperative -type 17 housing appears to be the best type of housing the City can provide, which is a sort of hybrid 18 between condominium and apartment living that allows people to participate while having a 19 lower cost of entry. He stated it is important to find a way to make this project viable and this 20 represents a good alternative. He noted the resolution authorizes the commencement of 21 negotiations to amend the Development Agreement, and one of the conditions states that the City 22 will not change anything in the Development Agreement until a threshold of 60% presales is 23 reached. He added it is important that the design remains consistent with the quality and 24 workmanship of the current project. 25 26 Councilmember Stille asked if the term "presale" is defined. 27 28 Ms. Kvilvang replied that presale is essentially a signed Purchase Agreement. 29 30 Councilmember Stille stated this project provides maintenance and the financing behind it 31 requires reserves for items such as a new roof or other general maintenance; these items are all 32 pre -established pursuant to the terms of the HUD program that the developer is using. He 33 indicated he was in favor of this approach and noted this also ties into the City's senior transition 34 goals by providing another option for seniors. 35 36 Councilmember Gray concurred and stated it is important for the City to remain flexible given 37 the current economy and housing market. 38 39 Councilmember Thuesen stated he was in favor of the proposal and felt it makes the 40 development even more attractive. 41 42 Councilmember Roth stated with a HUD loan in a cooperative environment, they are required to 43 hold 4% in reserves for maintenance, etc. He indicated it was his understanding that this reserve 44 money is held by a third party so that the cooperative cannot use the money for something not 45 approved by HUD. 46 2 City Council Regular Meeting Minutes April 8, 2008 Page 5 Ms. Kvilvang stated this is correct. Councilmember Roth asked if there is a time restriction on reaching the 60% threshold. Ms. Kvilvang replied that HUD defines "presale" as a purchase agreement with a deposit of earnest money. It was her opinion that HUD likely does not define the amount of time required to meet the threshold, and added it is likely the developer will be able to determine relatively quickly whether there is interest in the project. 10 Councilmember Roth stated it was his understanding that there are two types of cooperative 11 housing, i.e., limited market and market rate, and asked for clarification on the advantages and 12 disadvantages of both types, as well as what was used to make a decision on the City getting a 13 limited market cooperative. 14 15 Ms. Kvilvang stated this was the choice of the developer and added that a limited equity 16 cooperative is where they are buying a portion of shares in the project and buying into a master 17 mortgage; the advantage of a limited equity is in keeping the project affordable. 18 19 Councilmember Roth stated with a limited market arrangement, a unit's value will only go up a 20 certain amount each year, so over time, it could be viewed as more affordable if the market starts 21 to go up again. 22 23 Ms. Kvilvang stated with a limited equity arrangement, if you are going to sell, there is typically 24 a long waiting list and the unit is still sold through the cooperative. 25 26 Councilmember Roth stated from the list provided for a senior product, two of the three were 27 market rate cooperatives as opposed to limited market. IIe indicated that in changing the 28 Development Agreement, the City is going to have a lower tax base than if condominiums were 29 in place. He stated over time, with a limited market, that tax base could be somewhat arbitrarily 30 lower than what a market rate cooperative could be, based on the assumption that over time, the 31 value of the property will increase. He asked why the limited market arrangement was decided 32 upon instead of the market rate, and expressed concern that the City may be giving up a higher 33 taxable unit overall. He stated it was his understanding that the City approved this project in 34 order to enhance the community and increase the tax base, and questioned whether the City 35 should give consideration to a market rate arrangement. 36 37 Mayor Faust stated when you do market studies, you look at your target audience, and if you 38 have a market rate versus a limited market arrangement, you end up with higher costs, higher 39 entry fees, and a higher down payment; as a result, from an affordability standpoint, you get 40 more with a limited market arrangement. He added the Development Agreement is not being 41 changed this evening and the resolution only authorizes the commencement of negotiations. 42 43 Darrell Gemar, Pratt Ordway, representing the developer, appeared before the City Council and 44 stated they looked at both limited market and market rate arrangements and with the limited 45 equity, it is more affordable and there is more of a market right now for limited equity 46 arrangements. He stated they are still evaluating both types of arrangements but are leaning 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes April 8, 2008 Page 6 towards the limited equity. He added they intend to hold community meetings to ask residents for their input and to invite anyone interested in learning more about cooperatives, similar to the meetings held when the condominium project began. Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt 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. Motion carried unauimously. B. Ordinance 08-001; Fire Code Ordinance (Final Reading_ Fire Chief Malenick stated the State Fire Code is in effect throughout the state, but the State Fire Marshal strongly encouraged that each jurisdiction formally adopt the Minnesota State Fire Code (MSEC) and is consistent with the intent to establish minimum uniform requirements for Minnesota and St. Anthony in order to be consistent with Minnesota laws and rules, as well as to address fire safety concerns that are specific to St. Anthony. He added the intent is to provide an up-to-date code that will achieve a reasonable degree of safety to life and property. Mayor Faust noted that the last page of the ordinance provides that the ordinance changes shall be in full force and effect upon passage by the City and publication of the ordinance or a summary in the City's official newspaper. ITe stated that the City will publish only a summary in the newspaper and the full text of the ordinance will be available on the City's website or at City Hall. Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Third and Final Reading and Adopt Ordinance 08-001; Fire Code Ordinance. Motion carried unanimously. C. Ordinance 08-002; Sign Ordinance (Second I2eading)� Assistant City Manager Moore -Sykes stated this is a Second Reading of the proposed Sign Ordinance. She stated based on Council's direction at the First Reading, staff has made modifications to the wording at Section 1400.08, 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. She stated that staff also discovered that a similar subdivision regarding non- commercial speech is contained at Section 1400.06, Subd. 8, and this subdivision is proposed to be removed in favor of Section 1400.08, Subd. 7. Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the Second Reading of Ordinance 08-002; Sign Ordinance. Motion carried unanimously. 10 City Council Regular Meeting Minutes April 8, 2008 Page 7 D. Ordinance 08-003; Housing Code Ordinance (Second Reading 3 Fire Chief Malenick presented proposed changes to current City ordinances as they pertain to 4 property maintenance and stated of particular concern was how the current code addressed rental 5 property and inspections. He stated that the ordinance includes the adoption of the International 6 Property Maintenance Code as an enforceable document as it pertains to St. Anthony rental 7 property. He explained at the March 25, 2008 Council meeting, discussion centered on the 8 inclusion of non -owner occupied homes that are not rented into the licensing requirements; the 9 City Attorney has provided an opinion on the issue and it was subsequently agreed to modify the 10 definition of Rental Unit to describe any dwelling that is not owner occupied. He stated staff is 11 recommending the creation of a Division of Property Maintenance under the direction of the Fire 12 Department, with the hiring of one additional part time Deputy Code Official to conduct annual 13 rental property inspections. He indicated that funding for this new division could be achieved 14 through a restructuring of rental property licensing. 15 16 City Attorney Lindgren presented proposed language to be added regarding the definition of 17 Rental Unit to include property that is occupied by someone other than the owner for a specified 18 period of time. He stated if the Council wants to include this type of restriction, it can be 19 accomplished by adding Subd. 22 to the Definitions and then make apolicy decision as to the 20 length of time to include in this subdivision. 21 22 Fire Chief Malenick stated the remaining changes to the ordinance stand as at the First Reading, 23 24 Councilmember Gray asked if there are other communities that have included this definition in 25 their housing codes. 26 27 Fire Chief Malenick replied he was not aware of any. 28 29 City Attorney Lindgren stated he did not believe this was a common restriction, but would not be 30 surprised if the restriction existed. 31 32 Councilmember Gray expressed concern with respect to the non -owner occupied restriction and 33 stated it appears to be a little too restrictive when there are other means available for dealing with 34 problems. 35 36 Councilmember Thuesen stated he was in favor of adding this restriction and putting a six month 37 time period in the ordinance. He stated he agreed that it is restrictive, but felt with the ever - 38 changing environment, the City needs to do its best to keep its properties in compliance and this 39 will provide the City with the ability to deal with problem properties. 40 41 Councilmember Roth stated he was in agreement with Councilmember Roth's comments and 42 added he felt there are other means available for dealing with problem properties. He stated he 43 was not sure this accomplishes anything since there is no exchange of money for rent and 44 someone could charge a penny for a year's rent. 45 fell 2 0 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes April 8, 2008 Page 8 City Attorney Lindgren stated the intention would be that even if you pay a dollar for rent, it would be subject to the fee structure. Mayor Faust stated he was in favor of the six month time period. Councilmember Stille stated lie is a proponent of protecting the City's housing stock and this represents another tool the City can use to make sure that happens. Motion by Councilmember Thuescn, seconded by Councilmember Gray, to approve the Second Reading of Ordinance 08-003; Housing Code Ordinance. Motion carried unanimously. E. Ordinance 08-004; Chester 6 - Fees, Rates, and Charges First Readin r , City Manager Mornson stated in conjunction with the Housing Code Ordinance, there are amendments that need to be made to Chapter 6 — Fees, Rates and Charges. He explained the current fees are $7.00 per dwelling unit and staff is proposing a base fee of $150 plus $10 per unit for three or more units. He presented the proposed budget based on the additional fees as well as the budget for the new Division of Property Maintenance under the direction of the Fire Department. Mayor Faust asked if the proposed fees are intended to cover the cost of inspection only. City Manager Morrison replied in the affirmative. Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the First Reading of Ordinance 08-004; Chapter 6 - Fees, Rates, and Charges. Motion carried unanimously. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Morrison expressed his thanks to Fire Chief Malenick and Assistant City Manager Moore -Sykes for their work on the revisions to the ordinances. He noted the third reading will be on April 22, 2008. He stated that if the Council chooses to include a summary version of the ordinance to be published in the City's official newspaper (versus the entire text of the ordinance), it will require a 4/5 vote. City Manager Mornson reported that the League of Minnesota Cities will hold its meeting in June and last year, the City received an honorable mention for the City of Excellence Award. He stated the City has again been nominated for the award for the police contract with Lauderdale and Falcon Heights. City Manager Mornson stated on March 31, the City hosted the Silver Lake Road Open House. In addition, on April 4, the City helped with a Senior Health Fair in conjunction with the if►a City Council Regular Meeting Minutes April 8, 2008 Page 9 1 Kiwanis. He stated the Police, Fire, and Public Works Departments participated in the event and 2 there were approximately 250-300 people that attended the fair. He stated on April 5, the St. 3 Anthony Village Historical Society held an open house where approximately 150 people 4 attended. City Manager Morrison reported that a grant application was recently submitted for a fire truck through the Firefighter's Grant program. 9 City Manager Morrison stated at the next Council meeting, the Council will be asked to 10 recognize two police officers involved in the recent TCF Bank robbery and resulting chase. He 11 noted that he recently received a letter from the Plymouth Police Chief expressing their 12 appreciation for the City's cooperation. 13 14 City Manager Morrison stated the City was recently recognized by the Government Finance 15 Officers organization and the City has now been certified for government financial planning. 16 17 Mayor Faust expressed his appreciation to City Manager Morrison for his involvement with the 18 Junior Achievement program. 19 20 Council member Thuesen stated he and Councilmember Gray have attended the Citizens 21 Academy and stated he is very impressed with how well organized it is and the program is an 22 asset to the community. He also congratulated City Manager Morrison on his work with the 23 Junior Achievement program and stated he hopes they invite him to work with the children again 24 next year. 25 26 Councilmember Roth stated he recently met with Kate Andrews of Northwest Youth and Family 27 Services and stated he will attend their board meeting on April 10"i. He stated that Northwest 28 Youth and Family Services will be holding their annual leadership lunch and fundraiser on May 29 7, 2008 from 11:30-1:00 p.m. at Midland Hills. 30 31 Councilmember Roth stated he attended a First Community Services meeting last week and 32 stated they are going to be naming a replacement for Kathy Knapp who is retiring. He indicated 33 there was a lot of discussion about the upcoming school referendum and there appears to be 34 support for it in spite of the cost. 35 36 Councilmember Stille expressed his thanks to Assistant City Manager Moore -Sykes and Barry 37 Tedland of the St. Anthony Village Historical Society for their efforts in organizing the 38 Historical Society open house on April 5. 39 Mayor Faust stated there was a good turnout for the March 31 Silver Lake Road open house. He 40 stated it looks like the road will be shut down on May Vt and drivers will be able to cross at 29"i, 41 33", and 37°i Avenues. I -Ie stated the City's website has more information regarding the road 42 closure, including bus route information. He indicated the project should be completed in 43 November and expressed his thanks to the Council and staff for their efforts on the project. 44 45� Mayor Faust stated the Historical Society meets on the third Wednesday of every month at 2:00 46 p.m. and encouraged anybody who is interested to attend a meeting. He indicated there are a lot 13 City Council Regular Meeting Minutes April 8, 2008 Page 10 1 of people working gratis for the Historical Society and their work is important to preserving the 2 history of the community. 3 4 Mayor Faust stated that the City of Excellence Award has a $1,000 award associated with it, and 5 if the City wins the award this year, he suggested the money be applied toward the Citizens 6 Academy. 7 8 VIII. COMMUNITY I+'ORUM. 9 10 Mayor Faust invited residents to come forward at this time and address the Council on items that I I are not on the regular agenda. 12 13 Hearing none, Mayor Faust moved forward with the agenda. 14 15 IX. INFORMATION AND ANNOUNCEMENTS. 16 17 Councihnenber Thuesen announced the St. Anthony/New Brighton Senior Citizen's Advisory 18 Council will be hosting a big hand concert on Monday, April 14"i, from 1:30 to 3:00 p.m. at the 19 St. Anthony High School auditorium. He stated tickets are $4 in advance, $5 day of show and are 20 available for purchase at City Hall. Residents may call 706-1166 for information. 21 22 Councilmember Stille announced that due to the snowstorm on March 31, Dr. David Walsh was 23 not able to speak as scheduled. He stated Dr. Walsh is a psychologist with the Family Services 24 Collaborative and will speak on Monday, April 14"i, on "Saying No to Children, Why Kids Need 25 it, and Why Parents Need to Say it." 26 27 City Manager Mornson announced the City's annual clean-up day is Saturday, May 3, from 9:00 28 a.m. to 1:00 p.m. He stated based on citizen input, there will now be a shredder available to shred 29 documents. He stated the event is free to the public. 30 31 X. ADJOURNMENT. 32 33 Mayor Faust adjourned the City Council meeting at 8:38 p.m. 34 35 Respectfully submitted, 36 Barbara Hughes 37 TimeSaver Off Site Secretarial, Inc. 38 39 40 Mayor 41 42 ATTEST: 43 City Clerk Pell Saint Anthony Village DATE: April 22, 2008 Approved: TO: Mayor and Councilmembers FROM: License Clerk TIBM: License and Permits for Approval: General Contractors License: Pioneer Tree & Landscape, Pierz, MN Heating &Air Conditioning License: Automatic Garage Door & Fireplaces, Champlin, MN Don Dudycha Beating, Savage, MN Temporary 3.2 Beer Permit: Applicant: Jennifer Ennen Location: Central Park Pavilion Date: August 31, 2008 15 U.S. BANK ST. ANTHONY VILLAGE CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 9166 UNIVERSITY OF MINNESOTA 6153 4/10/2008 $275.00 4014 ALLIED PAPER CO. 6155 3/31/2008 $64.25 8794 ARCTIC GLACIER 6156 3/31/2008 $104.80 4080 CHISAGO LAKES DIST. CO. 6157 3/31/2008 $910.10 4085 CITY OF ST. ANTHONY 6158 3/31/2008 $600.00 8814 CITY WIDE WINDOW SERVICE 6159 3/31/2008 $171.45 4125 JJ TAYLOR DISTRIBUTING 6160 3/31/2008 $4,208.00 2040 LILLIE SUBURBAN NEWSPAPER 6161 3/31/2008 $275.00 8996 NEEDHAM DISTRIBUTING CO 6162 3/31/2008 $330.00 2420 STAR TRIBUNE 6163 3/31/2008 $1,250.00 2680 XCEL ENERGY 6164 3/31/2008 $3,196.07 8964 ACCLAIM BENEFITS 6165 4/23/2008 $135.00 8471 AIRGAS NORTH CENTRAL 6166 4/23/2008 $119.08 4779 ALCORN BEVERAGE CO, INC 6167 4/23/2008 $247.87 8621 ALLIANCE MECHANICAL 6168 4/23/2008 $1,821.00 4014 ALLIED PAPER CO. 6169 4/23/2008 $64.25 8901 ALPHA VIDEO & AUDIO INC. 6170 4/23/2008 $4,455.25 9250 AMERICAN MESSAGING 6171 4/23/2008 $153.04 7835 ARCH WIRELESS-METROCALL 6172 4/23/2008 $23.30 8794 ARCTIC GLACIER INC. 6173 4/23/2008 $108.74 4687 ASPEN WASTE SYSTEMS INC 6174 4/23/2008 $61.95 8511 AT&T MOBILITY 6175 4/23/2008 $58.12 320 BEISSWENGER'S 6176 4/23/2008 $160.09 4293 BELLBOY CORP. 6177 4/23/2008 $9,552.69 9582 BROCAR PRODUCTS 6178 4/23/2008 $75.00 4231 CAPITOL BEVERAGE SALES 6179 4/23/2008 $15,296.70 9100 CAT & FIDDLE BEVERAGE 6180 4/23/2008 $240.00 2380 CENTERPOINT ENERGY 6181 4/23/2008 $13,914.55 4080 CHISAGO LAKES DIST. CO., 6182 4/23/2008 $610.74 9378 CITY OF FALCON HEIGHTS 6183 4/23/2008 $2,876.01 9379 CITY OF LAUDERDALE 6184 4/23/2008 $1,517.76 9056 CITY OF ROSEVILLE 6185 4/23/2008 $5,245.16 8275 CITY OF ST. PAUL 6186 4/23/2008 $604.79 8557 DAILEY DATA & ASSOCIATES 6187 4/23/2008 $31.25 9525 DAN'S FENCE LLC 6188 4/23/2008 $5,600.00 8429 DEPARTMENT OF PUBLIC SAF 6189 4/23/2008 $510.00 8219 DEX MEDIA EAST 6190 4/23/2008 $70.22 7371 DISCOUNT STEEL, INC. 6191 4/23/2008 $25.44 9394 E.H.RENNER & SONS, INC. 6192 4/23/2008 $25,927.57 4135 ELECTRO WATCHMAN INC 6193 4/23/2008 $195.17 9274 ELK RIVER FORD 6194 4/23/2008 $24,622.04 9229 FIRSTLAB 6195 4/23/2008 $45.00 8647 FRATTALLONE'S HARDWARE 6196 4/23/2008 $195.35 9236 FSH COMMUNICATIONS 6197 4/23/2008 $63.90 1030 G & K SERVICES INC 6198 4/23/2008 $472.16 1110 GENERAL INDUSTRIAL SUPPL 6199 4/23/2008 $20.58 9102 GRAND PERE WINES, INC 6200 4/23/2008 $144.00 4172 GRAPE BEGINNINGS, INC. 6201 4/23/2008 $591.00 .0155 GRIESERT/MAXINE 6202 4/23/2008 $50.00 4175 GRIGGS COOPER & CO INC 6203 4/23/2008 $17,436.57 16 U.S. BANK ST. ANTHONY VILLAGE 17 CHECK REGISTER VENDOR # PAYEE CHECK # DATE AMOUNT 5121 HARTMAN/JAY 6204 4/23/2008 $412.20 9422 HD SUPPLY WATERWORKS 6205 4/23/2008 $88,678.86 8221 HEDBACK, ARENDT, KOHL 6206 4/23/2008 $5,000.00 8447 HENNEPIN CNTY FIRE CHIEF 6207 4/23/2008 $100.00 1505 HENNEPIN COUNTY SHERIFF 6208 4/23/2008 $408.30 4207 HOHENSTEIN'S, INC 6209 4/23/2008 $3,846.75 8252 HOME DEPOT CREDIT SERVIC 6210 4/23/2008 $29.25 9403 I -STATE TRUCK CENTER 6211 4/23/2008 $55.33 8658 INSTRUMENTAL RESEARCH, 1 6212 4/23/2008 $85.50 .0156 JIANG/YIN 6213 4/23/2008 $50.00 4125 JJ TAYLOR DISTRIBUTING 6214 4/23/2008 $26,005.55 4220 JOHNSON BROTHERS LIQUOR 6215 4/23/2008 $33,915.67 7352 KATH FUEL OIL SERVICE 6216 4/23/2008 $1,188.05 9351 LANGUAGE LINE SERVICES 6217 4/23/2008 $33.99 8434 LEAGUE OF MINNESOTA CITI 6218 4/23/2008 $600.00 2040 LILLIE SUBURBAN NEWSPAPE 6219 4/23/2008 $27.50 8229 LOFFLER BUSINESS SYSTEMS 6220 4/23/2008 $1,520.63 9114 M. AMUNDSON LLP 6221 4/23/2008 $3,476.31 2130 MAMA 6222 4/23/2008 $40.00 4265 MARK VII SALES INC 6223 4/23/2008 $14,568.14 8641 MARKEL/EDWARD 6224 4/23/2.008 $41.75 2280 MIDWEST ASPHALT CORP 6225 4/23/2008 $266.46 7131 MINNESOTA DEPT OF HEALTH 6226 4/23/2008 $23.00 8850 MINNESOTA HIGHWAY SAFETY 6227 4/23/2008 $1,275.00 8494 MINNESOTA MUNICIPAL 6228 4/23/2008 $458.00 9195 MISTER CAR WASH 6229 4/23/2008 $155.26 8074 MN POLLUTION CONTROL AGE 6230 4/23/2008 $32.00 7356 MOORE-SYKES/KIM 6231 4/23/2008 $225.97 4299 MPLS. OXYGEN CO. 6232 4/23/2008 $9.15 5232 MURPHY'S SERVICE CENTER 6233 4/23/2008 $138.65 9084 MUZAK LLC 6234 4/23/2008 $55.41 9328 NATIONAL ASSN OF TOWN WA 6235 4/23/2008 $25.00 9475 NEOPOST LEASING 6236 4/23/2008 $67.88 7312 NORTH AMERICAN SALT COMP 6237 4/23/2008 $5,831.75 8988 NOVACARE REHABILITATION 6238 4/23/2008 $400.00 45 OFFICE DEPOT 6239 4/23/2008 $684.22 1230 ONE CALL CONCEPTS, INC. 6240 4/23/2008 $53.80 8528 PACE ANALYTICAL SERVICES 6241 4/23/2008 $285.00 9275 PAT KERNS WINE MERCHANTS 6242 4/23/2008 $287.00 9318 PATROL BIKE SYSTEMS, INC 6243 4/23/2008 $86.83 4354 PAUSTIS & SONS 6244 4/23/2008 $3,153.94 8594 PETERBILT NORTH 6245 4/23/2008 $20.26 9563 PETTY CASH - U.S. BANK 6246 4/23/2008 $72.63 4360 PHILLIPS WINE & SPIRITS 6247 4/23/2008 $29,024.77 9579 POSITRON SAFETY SYSTEMS, 6248 4/23/2008 $5,700.00 4161 PREMIUM WATERS, INC 6249 4/23/2008 $35.00 .0157 PSYHOS/LEONA 6250 4/23/2008 $50.00 4385 QUALITY WINE CO 6251 4/23/2008 $22,319.34 4492 QWEST 6252 4/23/2008 $144.68 9550 RAMSEY COUNTY 6253 4/23/2008 $176.00 9384 RAMY TURF PRODUCTS 6254 4/23/2008 $234.03 U.S. BANK ST. ANTHONY VILLAGE SS 18 CHECK REGISTER VENDOR # PAYEE 9119 RECHECK 9182 SAM'S CLUB .0158 SMITH CURTIS/MARCIE 9581 SOUTH CENTRAL COLLEGE 9219 SOUTH/JAMES 3490 STREICHER'S 8470 SUN NEWSPAPERS 3260 T A SCHIFSKY & SONS 8920 T.C. FIELD & COMPANY 9264 TAUTGES REDPATH, LTD. 9432 TECH SALES CO 9004 TEE'S PLUS 7337 TIMESAVER OFF SITE SECRE 8907 TOUSLEY FORD 3560 TRACY PRINTING 9467 TRI-ANIM HEALTH SERVICES 8824 TRI -COUNTY BEVERAGE, INC 9580 TWIN CITIES FLAG SOURCE, 8336 UNITED ELECTRIC COMPANY 8561 UNITED RENTALS NORTHWEST 4490 VAL-PAK OF MINNESOTA 8227 VERIZON WIRELESS 3700 VIKING INDUSTRIAL CENTER 4451 VINOCOPIA 9366 WAL-MART BUSINESS CENTER 4494 WASTE MANAGEMENT - BLAIN 8316 WINE COMPANY/THE 8310 WINE MERCHANTS INC 9042 WORKFLOW ONE 2680 XCEL ENERGY CHECK# DATE AMOUNT 6255 4/23/2008 $30.00 6256 4/23/2008 $368.79 6257 4/23/2008 $50.00 6258 4/23/2008 $70.00 6259 4/23/2008 $71.50 6260 4/23/2008 $1,322.59 6261 4/23/2008 $375.00 6262 4/23/2008 $94.25 6263 4/23/2008 $2,000.00 6264 4/23/2008 $1,190.00 6265 4/23/2008 $356.00 6266 4/23/2008 $1,164.70 6267 4/23/2008 $122.50 6268 4/23/2008 $235.39 6269 4/23/2008 $3,297.24 6270 4/23/2008 $109.67 6271 4/23/2008 $3,030.50 6272 4/23/2008 $173.33 6273 4/23/2008 $95.59 6274 4/23/2008 $106.85 6275 4/23/2008 $740.00 6276 4/23/2008 $116.43 6277 4/23/2008 $108.60 6278 4/23/2008 $189.00 6279 4/23/2008 $79.15 6280 4/23/2008 $438.56 6281 4/23/2008 $533.60 6282 4/23/2008 $9,055.61 6283 4/23/2008 $106.97 6284 4/23/2008 $6,650.00 TOTAL $428,382.64 T' FQ FS i - QR CC NCI L COMS ID FRA i70N Report Date: April 16, 2008 Agenda Section: IIID. Meeting Date: April 22, 2008 ITEM DESCRIPTION: Resolution 08-029; Accepting a donation from Wal*Mart Corporation to defray costs of the St. Anthony Police Department Citizens Academy MANAGER'S REVIEW: The St. Anthony Police Department has received a donation of $50.00 from the Wal*Mart Corporation. This donation will be used to defray the costs of the 2008 Citizen's Academy. r Michael Mornson City Manager Attachments: • Letter from Wal*Mart Corporation • Resolution 08-029 ZACouncil Meetings120081042220085staff walmart donation.doc - 1 - 19 3800 Silver Lake Rd. St. Anthony, Mn. 55418 (612)788-1303 Hello ! We have received your request for a donation. We are glad to help you out. Enclosed in this envelope is a $ Ix -0 gift card that you may use however you choose. I hope this helps out with your cause. Thank you for thinking of Wal-Mart for your donation. Sincerely, Lori Francis Training Coordinator/Donations 20 CITY OF ST. ANTHONY VILLAGE RESOLUTION 08-029 A RESOLUTION ACCEPTING A DONATION FROM WAL*MART CORPORATION TO DEFRAY COSTS OF THE ST. ANTHONY POLICE DEPARTMENT CITIZEN'S ACADEMY WHEREAS, the City of St. Anthony's Police Department received a donation from the Wal*Mart Corporation in the amount of $50.00; and WHEREAS, the City of St. Anthony's Police Department will use this donation to defray costs for the 2008 Citizen's Acaderny. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby accepts the donation from Wal*Mart for the St. Anthony Police Department to defray costs of the 2008 Citizens Academy. Adopted this 22n(I day of April, 2008. Mayor ATTEST: City Clerk Review for Administration: City Manager ZACounciI Mectings\2008\0422200hes08029 donation from watmart.doc 21 22 MEMORANDUM DATE: April 2, 2008 TO: Mayor and Councilmembers FROM: Mike Mornson, City Manager Roger Larson, Finance Director ITEM: PUBLIC HEARING 2009 OPERATING BUDGET The attached materials are a summary of the 2008 General Operating budget. Changes to the 2008 budget included revising the accounting teclumiclues for maintenance and repair of city owned vehicles. Maintenance and operation costs for Police, Fire and Public Works vehicles are now accounted for separately, Highlights of the 2008 budget include: Represents 1) General Operating bund Budget $4,998,600 4.75% Increase 2) General Fund Levy $2,796,900 5.12% Increase 3) Average Taxable Market Valuation $ 265,000 Up from $258,000 4) Average City Portion of Property Taxes $ 1,155.51 $30.33 Increase As we move forward with 2009 budgeting process, the budget will be impacted by a 3.5% salary increase (negotiated with the three unions). A $50.00 increase per month in the employer health insurance contribution and the escalation of fuel prices. Additional considerations will also be discussed at the upcoming April 29t" work session. A preview of some pending discussion items include: 1) Annual $5,000.00 recycling payment to Ramsey County. 2) New accounting standards — SAS (Statement Auditing Standards). a. Affects on operating budget. 3) Tautges, Redpath (Final year of 3 year agreement). 4) Council feedback relating to the 2009 budget. 04/01/08 IMPORTANT DATES St. Anthony Budget Schedule for 2009 Budget January 10 &11 2008 Goal Setting, Financial Management and Planning. March 18 2008: Review Key Financial Management Plan (Ehlers). April 22, 2008: Public Hearing/Provide Residents with an Opportunity to have Input in the budget process. April 29, 2008: Work Session — Staff & Council to review Capital Equipment. May - July: City Manager & Staff Meetings to discuss/draft 2009 Budget. July 29, 2008: Work Session to Review Key Proposed 2009 Operating (Tentative) Budget and Tax Levy. September 9, 2008: Presentation of proposed the 2009 Budget/Property Tax Levy Resolution passed: 1) Setting the proposed 2009 Budget and Property Tax Levy. 2) Approve the December Truth -in -Taxation Hearing dates. November 27, 2008***** December 20, 2008: Dates established to hold a Truth-in-Taxation/Public Hearing. December 1, 2008: Presentation of 2009 Operating Budget and Levy. (Tentative) December 16, 2008: Approval and final adoption of the 2009 Operating Budget (Tentative) and Property Tax Levy. *****Please note: The public hearing must be held between December 1St and December 20t" The first Monday in December is reserved for City Governments. If an alternate date is selected, the initial cannot be held on the same day as Hennepin or Ramsey Counties Initial Hearing Dates, I.S.D. #282 Initial Hearing Date or Metro Special Taxing Districts Initial Hearing Date. 23 24 GENERALFUND REVENUES 2008 General Fund Levy BUDGET Property Tax - Levy $2,796,900 Penalties, Interest, Tax Forfeitures $3,000 PERA Levy (Rate Increase) $7,500 Licenses $42,100 Permits $165,400 Dare/School District #282 Levy $14,500 Fire Relief Association - 2% Insurance/Pension $52,500 Intergovernmental Revenue $220,100 Contract Revenue (Lauderdale/Falcon Heights) $1,096,200 Charges for Service (Fines) $98,500 Miscellaneous Revenues $149,400 Transfers & Miscellaneous Revenues $352,500 GENERAL FUND TOTAL REVENUES $4,998,600 EXPENDITURES 2008 General Fund Levy BUDGET Mayor I City Council $61,300 Public/Intergovernmental Relations $26,400 Cable Franchise $26,900 General Management $97,500 Elections $32,500 Finance, Insurance/Accounting $271,500 Finance, Assessing $49,900 Legal $101,200 Engineering, Planning / Zoning $3,300 City Building $174,600 Civil Defense/Emergency Management $54,900 Police Protection $1,357,500 Lauderdale/Fa Icon Heights Contracts $942,600 Maintenance Repair - Vehicles (Police) $69,800 DARE $14,500 Fire Protection $704,100 Maintenance Repair - Vehicles (Fire) $24,400 Fire Relief Association - 2% Insurance/Pension $52,500 Inspections, Building/Plumbing/Heating/Health $91,100 Animal Control $4,600 Public Works $504,500 Public Works, Maintenance/Repair Equipment $66,600 Tree and Weed Care $36,000 Parks $178,200 Community Services - Grandfather Levy $52,200 GENERAL FUND TOTAL EXPENDITURES $4,998,600 Increase General Fund Levy $136,100 5.12% Road Levy $82,197 Lease Revenue Bonds $525 Certificate - Fire Truck ($91,500) Tax Abatement - Central Park ($766) HRA - Levy $55,000 $181,556 4.40% 25 C) 0o N AJ 0- C (D z � m r CD ((a =3C-0 r n r CD g. M: o � c z ...a U) o-, m f% m z c a} X m K) N Cl) 0, C C7 0 26 T c ,. M 7rj14 c" �. --1• CD o 0 0 a (n o(n m 0 J z 0 > 0 C X CDc wn O G c m z Cf)v poo ET -n CDs• S, CD 57 (� (1)CD ol�ro 0 CD90 �Q -21 7 STAFF REPORT To: Mayor and City Council Report No.: Mike Morrison, City Manager From: Kim Moore -Sykes, Assistant City Manager Date: April 22, 2008 Subject: Sign Ordinance; Final Reading Requested Action: Date Application Received: Property Address: Zoning District: 60 -Day Expires: Waiver Letter Required: Future Action: Approval of the Third 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 City's 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. The Second Reading of the Sign Ordinance was scheduled for the April 8' Council meeting, where no additional revisions or corrections were made. The Council voted to pass the draft ordinance to the Third Reading to be held on April 22°`'. Attachtanents• Sign Ordinance, Chapter 14, City Code Summary Ordinance for Publication Staff Sign Ordinance 2008 final reading 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 I_'indings, 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. (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 cor}formance 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 envirmunent 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 30 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 Sian. A sign which includes action or motion. Subd. 3. Awning. 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 Sign. A sign consisting of a bag made of lightweight material supported by helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. Subd. 6. Billboard. A sign which directs attention to a business, community service or entertainment not exclusively related to the premiscs 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. Buildin 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. U. 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. 31 Subd. 15. Directional Sian. An on -premises sign designed to guide or direct pedestrian or vehicular traffic and a surface area not greater than five (5) square feet. Subd. 16. Electric Sign. Any sign containing electric wiring but not including signs illuminated by an exterior light source. Subd. 17. Electronic Message Sign. Any sign that displays a message electronically through the use of pixel -based technology, such as but not limited to light emitting diodes (LED's), liquid crystal, etc. Subd. 1.8. 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. Fronta e. The line of contact of a property with the public right-of-way. Subd. 24. Grade. Grade shall be construed to be the final ground elevation after construction. Earth mounding or berming criteria for landscaping and screening are 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 32 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. Legally 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. Marquee Sign. Any building sign painted, mounted, constructed or attached in any manner, on a marquee or made part of a marquee. Subd. 35. Monument 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. Parapet (Wall). That portion of building wall that rises above the roof level 33 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 gn. 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 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. 34 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. ShimmeringSigns. gns. A sign which reflects an oscillating and/or sometimes distorted visual image. Subd. 60. Shopping Center. Any shopping center as defined in Section 1635.05, Subd. 8. Subd. 61. Sign. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures, which is displayed for informational or communicative purposes. Subd. 62. Sign Surface Area. The area in square feet of the sign including both sides upon, against, or through which the message of the sign is exhibited. Subd. 63. Sian 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. Stringer. A line of string, rope, cording, or an equivalent to which is attached a number of pennants. Subd. 67. Strip Mall. Any group of four or more occupant retail or service establishments on one or more contiguous tracts of land in single ownership, compromising 7,500 to 75,000 square feet of floor area with parking provided on the tract or tracts of land for use in common by patrons. Subd. 68. Suspended Sign. Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. 35 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 Sian. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. Subd. 71. Visible. Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. Subd. 72. Wall. Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. Subd. 73. Wall Sign. A flat sign which does not extend more than eighteen (18) inches from the face or wall of the building upon which it is affixed, painted or attached, running parallel for its whole length to the face or wall of the building, and which does not extend beyond the horizontal width of such building. Subd. 74. Window 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. w 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. hnsp-ections. 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. 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: 37 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 Basement. 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 Property Lines. Signs which project beyond the property line of the property upon which the sign is located. Subd. 9. Sings 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 -1A, R-2, R-3 and R4 districts, including those intended for viewing only from the interior of a building but which can reasonably be viewed from the exterior of the building. Subd. 11. Signs on Walls. Wall signs having a sign surface area exceeding fifteen (15) percent of the area of the wall surface to which it is affixed. Subd. 12. Projecting Signs. Signs constructed so that the message or communication is not flat against the sign structure. Subd. 13. Signs Affixed to Utility Poles and Fences. Signs painted, attached or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to utility poles, bridges, towers, fences or similar public structures. Subd. 14. Emitting Signs. Signs which emit sound, odor or visible matter. Subd. 15. Animated Signs. Subd. 16. Flashing Signs. Flashing signs except any portion giving time, temperature or weather. WE 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. Signs 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. Channing 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 (6) 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. Subd. 4. Signs Affixed on Benches at Public Bus Stops. 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. Non -Commercial Signs Exemption. All non-commercial signs of any size may be posted in any number from August 1 in a state general election year until ten (10) days following the state general election. For local elections, which are usually held on the 39 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 five (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. 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. (5) The cost of the sign. (6) Type of sign (i.e. wall sign, monument sign) and if the sign is to be illuminated, the technical means by which this is to be accomplished. (7) Certification by applicant indicating the application complies with all requirements of the sign ordinance. (8) If the proposed sign is along a county road or state trunk highway, the application shall be accompanied by proof that the applicant has obtained a permit from the county or state for the sign (9) Where a shopping center comprehensive sign plan is proposed, the plan must include the location, size, height, color lighting and orientation of all signs. (10) When a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference Hue from the established grade, grade level, dimensions of the berm, size, color, lighting and hours of illumination. Subd. 4. Permit Issuance. (1) Each application must be reviewed for compliance by the City Manager or designee. (2) If the proposed sign complies with this Chapter, a permit will be issued within thirty (30) days after the application date. (3) A sign permit will become null and void if the work for which the permit was issued has not been completed within one (1) year of issuance, or renewed. Application for renewal will consist of the same procedures as the initial application for permit, including payment of any fee. Subd. 5. Shopping Centers/strip Mall/ Professional Building Comprehensive Sign Plan. A comprehensive sign plan must be provided for the whole of a shopping center, strip mall, or professional building development. This plan includes the location, size, height, color, lighting and orientation of all signs, and must be submitted for preliminary plan approval. When a comprehensive sign plan is submitted, exceptions to the regulations of this Chapter may be permitted if the sign areas and densities for the plan as a whole are in conformity with the intent of this Chapter and if such exception results in an improved relationship between the various parts of the sign plan as determined by the City Council. Comprehensive sign plans will be reviewed by the City Planning Commission which will forward a recommendation to the Council on the appropriateness of the proposed sign plan. 1400.10 Ground Signs. Ground signs are permitted in all districts but only to the extent permitted in this Section and in the District Schedules set forth in Section 1400.12 Subd. 1. Permit Application. A permit shall be applied for in accordance with Section 1400.0). 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. 41 Subd. 4. Landscaping. Ground signs must be landscaped. Landscaping may consist of shrubs, plants, rocks, or other decorative materials located around the pedestal. Subd. 5. Design and Location: (1) Signs must maximize the use of natural materials in construction and should conform to the material design of the principal structure. (2) Signs must be located at least fifteen (15) feet from the curb line of any public street and cannot be placed within any street right-of-way or government easement. (3) The pedestal width of a ground sign must be at least equal to the sign width. (4) The principal structure of a parcel of land will be allowed one ground sign, regardless of the 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-lA, 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. 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. Flashing signs 42 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 eight (8) feet above ground level. (3) Each church, temple, or synagogue located within the corporate limits of this City, subject to approval of size, location and type by the City Manager, may construct and maintain a maximum of three (3) directional signs on municipal rights-of-way. Not more than one (1) such sign may be installed or maintained at any intersection. (4) Each of the following may installed and maintain one (1) ground sign subject to the provisions of Section 1400.01 on the property to which the sign pertains: (a) Schools and publicly owned facilities listed in Section 1615.02(b) and (c); and Section 1616.02(b) and (c). (b) Churches, temples, synagogues, and City buildings listed in Section 1615.03(a) and (c); and Section 1616.03(b). 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. (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 43 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 signs) depending upon the number of major anchors. The total sign area shall not exceed three hundred (300) square feet. (4) Upon submittal of a comprehensive sign plan, and subject to approval of the City Council, a shopping center over seventy-five thousand (75,000) square feet may be allowed additional wall signs for commercial establishments that need additional exposure from different vantage points. The member 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. (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. Light 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 constricted after obtaining a permit and paying the required license fee. (1) Subject to approval of the City Council, only ground and wall signs are allowed in this district. The ground sign may have a sign surface area not to exceed one hundred -fifty (150) square feet. (2) Subject to the approval of the City Council, and as a conditional use, electronic message signs are allowed in this district. The procedures contained in Section 1605.04, shall apply to the issuance of a conditional use permit for an electronic message sign. The conditions with respect to the issuance of any conditional use permit for an electronic message sign shall cover at least the following: a. The sign shall not be permitted to flash or contain any animation. b. The hours of operation of the sign; provided, that in no event shall the sign be permitted to be operated between the hours of 10:00 PM and 6:00 AM. C. The message changeability shall be limited to the minimum amount of changes required to accomplish the purpose of the sign. d. Aesthetics of sign, including, but not limited to, message color, size of message board and sign, construction materials and landscaping. e. Location of sign with regard to surrounding area. f Sign may only be used to promote items of general interest to community. 1400.13 Adjustments and Appeals. Subd. 1. Composition. The commission of adjustments and appeals will be comprised of all of the members of the Planning Commission. Subd. 2. Powers and Duties. The commission will hear and make recommendations to the Council regarding: 45 (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 properly 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 atter a public hearing is held by the Planning Commission and a recommendation is made to the City Council. Notices will be given, and a public hearing will be held, in the manner provided in Subsection 1670.06. The installation of sign(s) must take place within one (1) year after a variance has been granted by the City Council. Subd. 2. Majority Vote. A majority affirmative vote of the City Council members present is required to approve a variance. Subd. 3. Fee. An application for a variance must be accompanied by the fee provided in Section 615. 1400.15 Non -Conforming Signs. 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 Signs. 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) clays, 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. 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 25, 2008 April 8, 2008 April 22, 2008 Mayor ATTEST: City Clerk Publish: April 30, 2008 City of St. Anthony Village Ordinance Summary 08-002 The following is the official summary of Ordinance 08-002 approved by the City Council of St. Anthony on April 22, 2008: The text of St. Anthony City Code, Chapter 1400 has been amended to more fully meet the requirements of the First Amendment of the United States Constitution. A printed copy of the ordinance is available for inspection by any person during regular office hours at St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. A copy of the entire ordinance shall also be on the Internet Web page of the City of St. Anthony (www.ei.saint-anthonv.mn.us). The Ordinance Summary 08-002 outlines the Sections of Chapter 14 that have been revised. CHAPTER 14. SIGNS 1400.01 Title. This Chapter will be known as the "Sign Ordinance". 1400.02 Findings, Purpose and Effect. Subd. 1. Findings. Subd. 2. Purpose and Intent. Subd. 3. Effect. 1400.03 Severabil tv_ 1400.04 Definitions. 1400.06 General Requirements. 1400.07 Prohibited Signs 1400.08 Signs Requiring No Permits. 1400.09 Signs Requiring Permits. 1400.10 Ground Signs. 1400.11 Wall Signs. 1400.12 District Schedules. 1400.14 Variances. 1400.15 Non -Conforming Signs. 1400.16 Enforcement. 1400.17 Retroactive Affect. 1 47 48 First Reading: March 25, 2008 Second Reading: April 8, 2008 Adopted: April 22, 2008 Publish: April 30, 2008 2 M ,� Staff Report To: Mike Mornson From: John Malenick, Fire Chief Date: March 27, 2008 Re: Property Maintenance ordinance changes, Final leading 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. Attachments: • Final Draft of Ordinance 08-003 • Summary Ordinance for Publication 0 Page 1 50 CITY OF ST. ANTHONY VILLAGE Ordinance 08-003 SECTION 1335 —HOUSING MAINTENANCE AND OCCUPANCY 1335.01 Purpose. The purpose of this Section 1335 to protect the public health, safety, and general welfare. These general objectives include, among others, the following: (a) Protect the character and stability of residential areas within the City. (b) Correct and prevent housing conditions likely to adversely affect the well-being of persons occupying dwellings within the City. (c) Provide minimum standards for cooling, heating, sanitary equipment, light and ventilation. (d) Prevent the overcrowding, slums and blight, and preserve the value of land and buildings. It is not the intention of the City to intrude upon the contractual relationship between tenant and landlord, to intervene as an advocate of either party, to act as an arbiter, or to deal with complaints covered by this Section 1335. 1335.02 Applicability. Every building and its premises used in whole or in part as a home or residence or as a residential accessory structure. If a provision of this Section is in conflict with state codes, the state codes will govern. . 1335.025 Adoption 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. 51 Subd. 5. Dwelling. Building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including I -family dwellings, 2 -family dwellings, apartment buildings and rooming units, but excluding hotels and motels. Subd. 6. Dwelling Unit. A single residential accommodation intended for use as a domicile for one family. Where a private garage is structurally attached, it will be considered as part of the building in which the dwelling unit is located. Subd. 7. Family or Household. One person or two or more persons each related to the others by blood, marriage, adoption, or foster care, or a group of not more than the owner or a residence plus three persons not so related occupying the residence and maintaining a common household and using common cooking and kitchen facilities. Subd. 8. Toilet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer systems or other approved water supply. Subd. 9. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, or consumption of food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for a dwelling. Subd. 11. Habitable Room. Room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms toilet rooms, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exits), pantries utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Subd. 12. Heated Water. Water heated to a temperature of not less than 120 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils. Subd. 14. Occupant. Any person (including owner or operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 15. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Subd. 16. Owner. Any person who owns a dwelling. Any person representing an owner must comply with the provisions of this Section 1335 to the same extent as the owner. Subd. 17. Permissible Occupancy. The maximum number of persons permitted to reside in a dwelling unit or rooming unit. 52 Subd. 18. Person. An individual, firm, partnership, association, corporation orjoint venture or organization of any kind. Subd. 19. Premises. A parcel of land which includes a dwelling. Subd. 20. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. 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. Rem. To restore to a sound and acceptable state of operation, serviceability or appearance. Subd. 24. Rodent Harborat�c. 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. Su lied. 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 Rec,, cls. 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. 53 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. 1. Sump Pumps. (a) Purpose. The discharge of water from roofs, surfaces, groundwater sump pumps, footing tile, swimming pools, or other flow of precipitation into the City system results in flooding and overloading of the sanitary sewer system. When this water is discharged into the sanitary sewer system, it is treated at the sewage treatment plant, resulting in very huge 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 shalt 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 crab 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) Ins ep ction. Every person owning improved real estate that discharges into the City's sanitary sewer system shall allow an employee of the City of St. Anthony or a designated representative of the City to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. In lieu of having the City inspect their property, any person may furnish a certificate from a licensed plumber certifying that their property is in compliance with this ordinance. (e) Correction Period - Reinspection. Properties which fail during the first inspection shall be re -inspected within 45 days to allow corrections to be completed. If property fails the re -inspection, the $100.00 per month surcharge shall be imposed on every sewer bill until compliance is achieved. (f) Future Inspections. Each sump pump or sump pump basket installation identified will be re -inspected periodically. 54 (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 Discharge. The City Manager's office is authorized to issue a permit to allow a property owner to discharge Surface Water into the sanitary sewer system. The permit shall authorize such discharge only from November 15 to March 15 and a property owner is required to meet at lease one of the following criteria in order to obtain a permit: (1) The freezing of the surface water discharge from the sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on either public or private property. (2) The property owner has demonstrated that there is a 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. Fence Maintenance. Fences may consist only of metal, wood, masonry, or other decay resistant material, maintained in good condition both in appearance and in structure, solely on the owner's property, with all wood material other than decay resistant varieties with paint or other preservatives Painting is required if 25% or more of the exterior surface is unpainted or determined by the Compliance Official to be paint blistered, and repair is required if 25% or more of the exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out. Posts and framework must face the owner's property, with the finished material facing the street or adjacent property. 55 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 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 brash, 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. Temporary Storage Units. Temporary storage units including dumpsters are permitted for no more than 120 days in a calendar year and must be maintained in good repair and appearance. One (1) temporary storage unit is allowed at any residential property. Temporary storage units must be place on paved surfaces and a minimum of 10 feet from all property lines. Section 1335.10 Maximum Occupancy, Minimum Space, Access. No person may occupy or permit to be occupied any dwelling which does not comply with the following: Subd. 1. Maximum Occupancy 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) SECTION 1336—RENTALDWE1 LAG 1336.00 Rental Dwelling Subd. 1. Purpose. 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. 57 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 units. Subd. 3. Enforcement Official. The City Manager and designated agents authorized to administer and enforce this Section 1336. 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. 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. Recyclables. Materials which may be recycled or reused through recycling processes, Including metal beverage containers, glass, newsprint, plastic bottles with necks, corrugated cardboard, magazines, catalogs, phone books and any other materials designated as recyclables by Council resolution. Subd. 21. Refuse. All putrescible and non-putrescible waste solids including garbage and rubbish. Subd. 22. Rental Unit. A dwelling or dwelling unit let for rent or lease 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. 59 Subd. 28. hrterpretation. Whenever the words "dwelling", "dwelling unit", "premises, or `structure" are used in this Section 1336, they will be deemed to be followed by the words "or any part thereof'. 1336.02 Responsibilities of Owners (Landlord). Subd. 1. Owner Responsible. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this Section even if the duty or obligation is also imposed on the occupant (s) of the rental dwelling, or even if the owner, by agreement, has imposed on the occupant (s) the duty of making sure that the rental dwelling complies with the requirements of this Section, applicable provisions of the City Code and the Intenrational Property Maintenance Code. Subd. 2. Cleanliness Every owner of a rental dwelling is responsible for keeping that part of the premises which lie 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, Parkin r, Sidewalks. The owner of an apartment building must provide and maintain effective illumination in all exterior parking lots and walkways, parking areas and driveways. Unless agreed upon, the owner of a property adjacent to walkways must use due diligence to keep the walk safe for pedestrians. No such owner or occupant may allow snow, ice, dirt or rubbish to remain on the walk longer than 12 hours after it has been deposited. Subd. 5. Discontinuance of Service or Facilities. No owner, operator, or occupant may cause any service, facility, equipment or utility required under this Section 1355 to be removed from, shut off or discontinued, for any occupied dwelling, except for temporary emergencies and temporary interruptions necessary for repairs or alterations. 1336.03 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 M 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 Application. Subd. 1. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the City. The owner must give notice, in writing, to the City within five (5) business days of any changes to the information contained in the license application. The application must include: 1. the owner's name, address, and telephone number, owning partners of a partnership, corporate officers if a corporation; or 2. the name and address of a person residing or having a business office in Hennepin or Ramsey County, and appointed by the owner as an agent for purposes of notices under this section and for services of process upon the owner; or 3. the name and address of any managing operator or agent; or 4. the name and address of the contract for deed vendor if the rental dwelling is owned under a contract for deed; or 5. the legal address of the rental dwelling; and 6. the type and number of units within the rental dwelling; and 7. the height and the multiple dwelling in stories; and 8. the type of structure to be licensed (i.e. single-family, duplex, triplex); and 9. the exterior finish of the building. Subd. 2. Issuance and Term. Upon approval by the City Council, the City Clerk will issue a license to the owner of the rental dwelling. A license is personal to the owner of a specified rental dwelling. No license may be transferred to a purchaser of a multiple 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 61 this section. A license will be valid for one year. If a license is issued during the year, the license will be prorated accordingly at the renewal time. 1336.06. License Fees. Subd. 1. The owner must pay an annual license fee, the amount of which will be determined by the City Council. The fee schedule is located in Chapter 6 of this city code. The owner must submit the required fee along with the application for a new or renewal license. Applications for renewal license submitted after the license term expiration are subject to a penalty fee, which shall be determined from the time by the City Council. 1336.07. License Issuance. Subd. 1. Preliminary Inspection and Investigation. Prior to issuing a license, the City Code Official will inspect the rental dwelling to determine compliance with this Section, the City Code and the International 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`x', 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. 62 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. Register of Occupancy, The owner or its resident agent shall keep a current register of occupancy for each rental dwelling. This register of occupancy may be reviewed by the City at the time. Said register of occupancy shall contain, at a minimum, the following information: 1. Address(es) of the rental dwelling; 2. 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. I inspections. The City will inspect all rental dwellings periodically to determine compliance with this Chapter, the City Code and the International Property Maintenance Code. After each inspection, the City shall provide the owner or resident agent with a compliance order pursuant to Section 1336.08. The owner or resident agent must correct the violations within the time period specified in the compliance order. If the violations are not corrected, the City may suspend or revoke the license under Section 1336.08, unless it is the initial license period, in which case, the license is valid until the end of the owner's existing lease with the current tenant as noted in Section 1336.08. 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. 63 1336.09 CONDUCT ON LICENSED PREMISES. Subd. I Owner Responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premised to be disorderly. This section applies to all licenses. For purposed of this section, a rental dwelling is disorderly at which any of the following activities occur: 1. Violation of Minnesota Statutes Chapter 609 Gambling, Prostitution and Disorderly Conduct; and 2. Violation of Minnesota Statutes Chapter 152 Controlled Substances; and Violation of Minnesota Statutes Chapter 340A Sale & Consumption of Alcohol; and 4. Violation of Minnesota Statutes Chapters 624 Sale & Use of Weapons; and 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 Oficial within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding six months. Subd. 5 Third Violation. If another instance of disorderly use of the licensed premises occurs within one year after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Written notification will be issued by the City Code Official. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 60 days M. 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 Finding of Disorderly Conduct. A determination that the licensed premises have been used in a disorderly manner as described in subd. 1 of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action ander this section. Subd. 8 Service of Notices. All notices given by the City under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Subd. 9 Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. 1336.10 CONDITION OF LICENSED PREMISES. Subd, I. 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 65 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. Appcal. 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 Ill 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 appeal has expired or violation of any of the provisions of this Chapter shall constitute a misdemeanor. Each day that a violation continues shall be deemed a separate punishable offense. These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: March 25, 2008 April 8, 2008 April 22, 2008 Mayor ATTEST': City Clerk Publish: April 30, 2008 W. 67 City of St. Anthony Village Ordinance Summary 08-003 The following is the official summary of Ordinance 08-003 approved by the City Council of St. Anthony on April 22, 2008: The text of St. Anthony City Code Section 1.335 has been amended with the adoption of the International Property Maintenance Code and the creation of Ordinance Section 1336 Rental Dwelling. A printed copy of the ordinance is available for inspection by any person during regular office hours at St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. A copy of the entire ordinance shall also be on the internet web page of the City of St. Anthony (www.ci.saint-anthony.mn.us). First Reading: March 25, 2008 Second Reading: April 8, 2008 Adopted: April 22, 2008 Publish: April 30, 2008 W • RF. 2kESTFQR 00L,-(N01L QQNSQEr n,47 -10N Report Date: April 16, 2008 Meeting Date: April 22, 2008 Agenda Section: V1.C. ITEM DESCRIPTION: Ordinance 08-004 - Chapter 5; Licenses Permits and Business Regulations and Chapter 6; Fees Rates and Charges. (Second Reading) MANAGER'S REVIEW: Attachments: In conjunction with Ordinance 08-003; Housing Code Ordinance, there are amendments that need to be made to Chapter 5 and Chapter 6 of the St. Anthony City Code thus, arising in Ordinance 08-004. Attached are the proposed amendments for Chapter 5 and Chapter 6 of the St. Anthony City Code FA Im Mi .• City Manager Ordinance 08-004; Chapter 5 Licenses, Permits and Business Regulations and Chapter 6 - Fees, Rates and Charges. ZACounci! Meetings\200$10422200$lstaff report for Chapter 6 ordinance second reading.doc - 1 - City of St. Anthony Village ORDINANCE 08-004 CHAPTER 5. LICENSE, PERMITS AND BUSINESS REGULATIONS CHAPTER 6. 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(d) Plame-and-address o"a" .4- i4f4ke-ap1,I4c^ n- p (e) Narne and undress e£-direetofs f app}rean is-a-cerporation (I) Name and adaddress-efthe-eentraetior-deed vender if the ^ artr enPauiilding-is owned -ander-a eentraet4nr--deed: e WKSTRImm 6-1 ij���terior�k�tisk-ef-brrildirt� 70 'Elie -apple -atien tr���st lee sigrrEd acrd sworn to ley tke ewxEr wi�osE sigt3attit-e sviK Eortstitate{i) serrsertt k tke ewirerte lee keanddrretices sent to flee p :sc� Ed letseetiorr 5�(3:03�h\T-and-��poirrtrnente�kat-person-as-the-e�vnet•'s-agent€c�r• tkE-prrtpose-o�sc�rviEe-e€ Process-. 57"44ssuanee-and-Terlm.-4jren-approval-4ey e-C-ity Council; the City-C4er�ssue-a ltEense-te t4re-owef-of *}t"pai tixent-kai4ding--A4ie Nrse- vitt-bel3ersonal-te4li" vner€or-a speeifired-building-and-no-lisenserri*y-be4rans€erred- 4fzrtrapartrxerrt-bai4dirrg4s-sold; the parch r� a} netoper rttie bailcrnlvithea rrev l cense A liEenso will terminate one year- after ��e-tiatL�-issrred-unless-renewed-rrnder�Ec-t-i©n3�9:0-5- 570:93 R� rrewal A}3plisattons fer renewal en ferrrrs provi<lEd ley the r� y must -'Contain -the same4nfarmatien-as-appkeatier}s-£or-hEenses� tint-may-ke signod-by-arr-agent or�rrranager=on belral-f-of-tlre�wneri�tkere-lraskeen-no�liange-in-tlre appliEation-in€ennation: 579:Ot-L-ieexse4iees.-hieense-f©es-will-bo-i}r-ameunts seC-€i-0m-titno-to-tisrre-by-resotafiion-of-tire Couneil: `gym-0stinthe Etxient annual license mast b ested irr a -frame witk a b e p glass eoverng ra a cerrspic-nous leeatien irr a-pubkE corridor lrallwa or lobby of tlre-aparttneiA4uilding: 579:08=Fenant-register—�aEk-lic-errsee-nrrtst-rrraintain a-err•rent-register-o€tenants-and-eEcupartts of4he-apartment-building-available-for-irrspeetion-by-ttie-C4t-�- 570.09 _peetiens=Flee C 7 *z �� ager and flee City s delegated ef£iEers ins p.,^�tcrs-are autkerrte'u-to ..at:E-annual-inspec-tions-<tnd-inspeEtiens-reasenal�neEessary-t.,�,��fore.,rnent-ef ther:«., r,.,7....� «eaSBi,•l•tuvcc `zrr'"ac^s.—Trke-li •11 1. •«« �y��-+ ^�^c��"c^.�v'iaroe-g1 d�n^c-'vvrrm.rr-HetrE.,vnai 'vielatienS� direc-Grrig-eemplianee in -l3 -day$; unlv.�s-c�tended-by the r�ty-�*.c-nar-geed-Eause: 570 19-revecatien �tts»emLon xSumtgafV-Aaien- TheTi0 s : e o, the-wOMOH :e e 6-Z cin , , n „„,:,.,,,,,e-ba�vs: -Lie-eases-will-be sib ect-te all -a 3 clic-aM revtsiens-a€the-C—i and -state -and -fed.; •^,�.-a�ws-and-regulatiens�is-Seetien370 will-,iet be-deeirted-te�upersede er litnrt-an3F otherapplieable-kaw; ordin�tn�-or-itis-dation. 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 $150 base fee plus One year No 550 $10 per unit for 3 or more units These ordinance changes shall be in full force and effect upon passage by the City Council and publication of the Ordinance or a Summary thereof in the City's official newspaper. First Reading: Second Reading: Adopted: ATTEST: Publish: April 8, 2008 April 22, 2008 City Clerk 6-3 Mayor 71 72 RF6-?kEssZ-Fort_00kNcrL OONSs DFRAZ-10 Report Date: April 9, 2008 Agenda Section; VI.E. Meeting Date: April 22, 2008 ITEM DESCRIPTION: Ordinance 08-005 - Chapter 9 Section 920.07 - Parking During Snow Removal. MANAGER'S REVIEW: In discussion with the council it is our understanding that the council is interested in considering a change to the city ordinance on parking during snow removal. The current ordinance states as follows: During the period commencing November 1 of any year, to and including April 1 of the following year, no person may stop, park or leave standing a vehicle on any street or highway in the City of St. Anthony between the hours of 8:00 a.m. to 7:00 a.m. or in such a manner as to impede the plowing and/or removal of any snow, ice or waste on the street or highway. Staff is amending the ordinance to make it less restrictive. The Public Works Department shall determine when the two inch snow emergency will take effect. The snow emergency shall be communicated to residents on the City's website, Channel 16, Electronic Sign Board and other media outlets that the city maybe able to use. This ordinance will sunset on July 1, 2009 Michael Mornson Cihj Manager Attachments: Ordinance 08-005; Chapter 9 Section 920.07 - Parking During Snow Removal ZACouncil Meetings1200810422200$lstafford snowplowing.doc - l - CITY OF ST. ANTIMONY VILLAGE ORDINANCE 08-005 CHAPTER 9. TRAFFIC AND VEHICLE REGULATIONS Section 900 - GENERAL REGULATIONS 920.07 Parking During Snow Removal. Subd. 1. During fire I3cio i eokninencing-Noveini�er l of aay year {e acid iric-kidii� Alxfl 1 of the-€o-llowirvl,�ear—no j3eison-gray-etol3�a��c-orlea�e sl�ndmg-a-velriele on�ny-eteoet-er higliwtry-iirthe-Ciay-eft: tlntliony-bet�veerrtlie-hours-ofd-00 niaiu��s to-ienl3ede-4he-131ewi3�g-and{or-removal-ef-any-snew; iee oi�,aste-on-the-stieeC-er- highwa}-.- No person shall park a vehicle on any city street for period of 48 hours, commencing immediately after two (2) inches or more of continuous snowfall, or until snow removal has been completed curb to curb. This ordinance will sunset on July 1, 2009. This ordinance change 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: April 22, 2008 Second Reading: Adopted: ATTEST: City Clerk Publish: Mayor 73 74 �ain throny illa e To: Mayor and City Council From: Mike Mornson, City Manager Date: 4/17/2008 RE: Quarterly Goals Review The attached document is a list of goals and activities from the Goal Setting Reheat held on January 10 _ 11, 2008. The City Council approved the goals on March 25, 2008. This year we have changed the structure of the goals to be considered more long term. We are looking at these goals in five year increments which will be updated and reviewed annually at a Goal Setting Retreat. The Five Goals that the City is working on over the next five years are as follows: 1. Environmental Stewardship 2. Improve and Maintain Infrastructure 3. Technology Advances 4. Maintain/Improve Housing Stock 5. Senior Transitions Environmental Stewardship 1. Johnson Control Project has been terminated and a new route will be taken by staff on this project. 2. Water Re -Use -This project is currently out to bid and will be constructed in conjunction with the Silver Lake Road Project. Council will consider bids at the May 2711, Council Meeting. Improve and Maintain Infrastructure 1. Silver Lake Road: Bids were received by County Staff on March 25th. Pre - Construction meeting will be held the week of May 81h. Bonds will be sold on May 13«x. 2. Capital Improvement Plan: A CIP plan for infrastructure is currently being put together by Public Works Director and City Engineer. City Council will review this plan at the April 29111 worksession. 3. Key Financial Strafe ies: Currently, under review as we prepare for 2009 Budget and Capital Equipment Plan. Oldest debt is 2000. Technology Advances 1. Character Generator for City Meetings installed. 2. Website Improve and Maintain Housing 1. Housing Code and International Property Code adopted. Senior Transitions 1. Senior I-Ieath, Council and Staff working with Vital Aging. • Page 2 75 Current: Goals 1. Environmental Stewardship and Rehabilitation 2. Improve and Maintain Infrastructure 3. Technology Advances 4. Improve and Maintain Housing 5. Senior Transitions -9- 76 77 Tasks and Timelines 1.1 Johnson Controls PW 2008 2008 1.2 Storm Water Management Engineer 2008 2008 1.3 Public Transportation TBA On-going 1.4 Single Garbage Hauler City Council 2008 2009 1.5 TCAAP Engineer 2008 On-going 1.6 City Wide BMF PWD 2008 On-going 1.7 Add Sidewalks PWD/Engineer 2008 2013 1.8 Water Reuse Strategy Engineer 2008 2008 1.9 In -Line Treatment Engineer 2008 2010 1.10 Rainwater Garden Engineer 2008 2009 Communicate/Educate Clerk/Ail 2008 On-going 1.11 Expand Involvement TMDL Engineer 2008 On-going 1.12 Coordinate RCWD 3 Rivers Engineer 2008 On-going 1.13 BMP Maintenance & Inspections Engineer 2008 On-going W Improve and Maintain Infrastructure 2 Silver Lake Road Construction All 2008 2009 2.1 Sign Contract City Council 2008 Kim 2.2 Fiscal Plan Stacie/Roger 2008 2008 2.3 Open House All 2008 2013 2.4 Construction ContracVAll 2008 2009 Maintain Stable Infrastructure 2.5 CIP Plan Engineer/PW 2008 On-going 2.6 Sewer Engineer/PW 2008 On-going 2.7 Water Engineer/PW 2008 On-going 2.8 Sidewalks Engineer/PW 2008 On-going 2.9 Roads Engineer/PW 2008 On-going 2.10 Lighting Engineer/PW 2008 On-going 2.11 Highway 88 light timing PW 2008 2009 2.12 Met Council I&I Engineer 2008 2013 2.13 Review Key Financial Strategies Stacie/Roger 2008 On-going 2.14 Electric Utility Franchise Engineer/Attomey 2008 2013 Veteran's Memorial City Council On-going Explore 2.15 Emerald Pada Council/PK Comm 2010 Technolomy Advances 3 Fiber To Homes City Council 2008 2013 3,1 Develop Legal Authority Attorney 2008 2013 3.2 Feasibility study Kim 2008 2013 3.3 Educate Public & Get Input Council /Staff 2008 2013 3.4 Develop Funding Roger/Stacie 2008 2013 79 4 North Side Redevelopment All 4.1 Complete SL Village City Council 2008 2010 4.2 Review 39th St. Redevelopment Stacie/Mike 2008 2010 4.3 Keep Communication in 3 Rivers Park Mike 2008 On-going Develop Mousing Code Fire Chief 4.4 Review other Cities 2008 2008 4.5 Adopt IPM Code Fire Chief 2008 2008 4.6 Amend Existing Mousing Ord. Fire Chief 2008 2008 4.7 Amend Existing Fee Schedule Fire Chief 2008 2008 4.8 Division of Property Maintenance Fire Chief Senior Transitions 5.o Senior Transitions 5.1 Define scope of available services City Council 2008 On-going 5,2 Engage Vital Aging Council and others City Council 2008 On-going 6 . _..:Miscellaneous 6.� Code Re -codification Kim 2008 2008 6.2 City Mall Benches PW 2008 2008 6.3 AV Equipment Replacement C -hall Barb 2008 2008 FUTURE COUNCIL AGENDA ITEMS April 15, 2008 Meeting Date Meeting Type Staff Items/Issues April 29 5:15 p.m. 6:30 p.m. Joint Meeting with School Board Council worksession - Capital Equipment Budget May 13 Police Chief Graduate Citizen Academy Ehlers Resolution Approving Offers for Bonds and Adopts Resolution Approving the Sale of Bonds City Manager Fee Ordinance - final reading May 27 Planning Commission items from May 20 Tautges, Redpath Audit Presentation City Engineer Approving Bid for Water Reuse Plan June 10 Finance Director Insurance Renewal June 24 Planning Commission items from June 17 July 8 July 22 Planning Commission items from July 15 City Engineer Order Feasibility Report for 2009 Street Project City Manager Quarterly Goals Update National Night Proclamation August 12 Approval of Election Judges for Primary Election August 26 Planning Commission items from August 19 City Engineer Accept Feasibility Report and Order Plans and Specifications for 2009 Street Project September 9 8:00 p.m. Finance Director Proposed 2009 Levy September 23 Planning Commission items from September 16 September 30 Special Joint Meeting with School Board October 14 Approval of Election Judges for Presidential Election October 28 Planning Commission items from October 21 City Manager Quarterly Goals Update November 11* November 25 Planning Commission items from November 18 December 9 December 23 * Need to change date due to Holiday April 2008 Monthly Planner Monday Tuesday Wednesday Thursday FridaySunday ,. Historical Society Open House 1 pm - 4 10 pm 6 7 8 9 !1 I City Council Meeting Worksession following council meeting 18 19 13 14 15 16 17 Planning Commission meeting 20 .21 22 23 24 25 26 City Council Meeting 27 28 29 30 Mar 2008 May 2008 Joint Meeting with School S M T W T F S S M T W T F S Board 1 l 2 3 2 3 4 5 6 7 8 4 5 6 7 8 9 10 Worksession following joint 9 10 11 12 13 14 15 11 12 13 14 15 16 17 meeting 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 n1111Cu uy UaiLnuai k,ieawr IUU vvaiaOws 011 of 101tivu0 May 2008 Monthly Panner Sunday Monday ..Wednesday Jun 2008 S 2 Apr 2008 S M T W T F S S M T W T F S Clean Up Day 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 8 1,5 -10 4 S 6 7 9 11 12 13 14 16 17 City Council Meeting 18 19 20 21 22 23 24 Planning. Commission meeting School Special Election 25 26 27 28 29 30 31 HOLIDAY City Council Meeting I" mimed oy l�awnoar Creator Tor vvmoows on w i t)tzuu?3 r O N 0 A O 0 O o O O o EA V � z 0 -o -1 O W n n G7 Cl) w fT W W > N Hi W 0w m m 3 N ° J °'Dv`D W m 2 D D 0 0 O W W U N 00� 0 O 00 A O _ O 3 p 3 (n N O O N ;a J m J JJ (D W O m0 0 z v m30 v m m N -*o O O O O O N N O x N O O O o n O d 0 m(DfD N O O mm m O O y N D N d O N( N n O W O W U) N (1)t/ W (n Cl) m W w m w w w o D m m (D (D (n O O N r O N 0 A O 0 O o O O o EA V � W n n N w fT W W > N Hi W W N W (n A N N J O) W N Imo" A W 0 0 O W W U N U 0 O 00 A O O O J J (n W J N J (AT w O O W O N co A N O O O 0 o O N O O O O O O O o O O O o r O N 0 A O 0 O o O O o EA Eii t� � O W (D J (P v W (AJ1 J d W A N O N O O V � W n n N N N fT W W > N Hi W W N W (n A N N J c0 J O W A W 0 0 O W W U N U 0 O 00 A O O O Eii t� � O W (D J (P v W (AJ1 J d W A N O N O O U T (D a N V � W n n N O (T W N W OJ Hi W A> N (P OOO N A > W p 0 > J A O 0 0 0 O O O O 0 0 0 0 O O W O W cn W (n J J (n W O O O W O O O W o O O O o O O O o U T (D a N I 0 V � W n n N O (T W N W d N N (P OOO N A (O v p 0 0 0 W W W O 0 0 0 O O O O 0 0 0 0 O O I 0 o (D Q E W W E D 'o O ZJ D _ O _ O C (D c (D to IJ v ') (C N (D N N (D O 00 O N On N a O_ N O 00 W N O co N OD O_ O ;:� ° -i N o O D fD r r m x CD G m m to to in �,o to w w w m W W (r !n W ^� m V N OJ N W 'r O W V (n W W W m N N A O W O W W O N N J CO n W A W (n W 0 W O J O J W (I� A N W D) N W J O� Ui W J O A m K O o 'n O O S. 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