HomeMy WebLinkAboutCC PACKET 01242012H.R.A. Meeting immediately
following regular meeting
CITY OF ST. ANTHONY
CITY COUNCIL MEETING AGENDA
January 24, 2012
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration, Discussion. and Possible Action on All of the follof ng items;
I, Approval of the January 24, 2012, City Council Meeting Agenda. (action requested.)
II, Proclamations and Recognitions.
III. Consent Agenda.
These items are considered routine and will he enacted by one motion. There )Pill be no separate discussion of these items unless a
Councilmember or citizen so nequests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
A. Approval of January 10, 2012, Council Meeting Minutes. (pp. 1-6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8-10)
IV. Public Hearing.
V. Reports from Commission and Staff. (Don Jensen, Planning Commissioner presenting)
A. Resolution 12-016; Approving a Variance to Lakeshore Setback at Silverwood Park at 2500 County Road E.
(pp. 11-21)
VI. General Business of Council.
Todd Hubmer, WSB & Associates EW -present the first three items: (ppm 22-41)
A. Resolution 12-017; Calling a Hearing for the 2012 Street and Utility Improvements.
B. Resolution 12-018; Declaring the Costs to be Assessed and Ordering Preparation of the Proposed Assessments
for the 2012 Street and Utility Improvements.
C. Resolution 12-019; Calling a Hearing on Proposed Assessments for the 2012 Street and Utility Improvements.
D. Ordinance 2012-01; Relating to Regulation of Tobacco Sales, Amending Section 111.057 of the St. Anthony
City Code. (1St Reading) Mark Casey, City Manager, presenting. (pp. 42-43)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Indlrriditalr mry address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on
the fours at the podiun, state their name and address for the Clerk's record, and limit their remarks to five minutes. Generally, the City Conned will not take oftcial action
on items discussed at this time, but mey typically refer the matter to stafjfor a future report or direct the matter to be scheduled on an gcombg agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
1
I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JANUARY 10, 2012
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
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; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mark Casey and City Clerk Barb Suciu.
18
19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
20 ITEMS.
21
22 I. APPROVAL OF JANUARY 10, 2012, CITY COUNCIL MEETING AGENDA.
23
24 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
25 Council Meeting Agenda of January 10, 2012.
26
27 Motion carried unanimously.
28
29 11. PROCLAMATIONS AND RECOGNITIONS.
30
31 A. Swearing -In of Mayor Jerry Faust.
32
33 City Clerk Suciu performed the swearing-in of Mayor Jerry Faust.
34
35 B. Swearing -In of Councilmember Hal Gray.
36
37 City Clerk Suciu performed the swearing-in of Councilmember Hal Gray.
38
39 C. Swearing -In of Councilmember Jim Roth.
40
41 City Clerk Suciu performed the swearing-in of Councilmember Jim Roth.
42
43 II1. CONSENT AGENDA.
44
45 A. Consider December 13, 2011 Council meeting minutes•
46 B. Consider licenses andpermits;
47 C. Consider payment of claims•
48 D. Consider Housekeeping Resolutions:
49 12-001; Designating Mayor Pro Tem for the Calendar Year 2012
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City Council Regular Meeting Minutes
January 10, 2012
Page 2
Consider Resolution 12-002• Specifying Persons Authorized to Make Certain Financial
Transactions Regarding City Financial Accounts,•
Consider Resolution 12-003; Designating the Official Depositor fy or City Funds;
Consider Resolution 12-004; Designating the Legal Newspaper for the City of St.
Anthony for the calendar year 2012;
Consider Resolution 12-005; Designating Mayor Faust as a participant in Outside
Organizations;
Consider Resolution 12-006• Designating eating Councilmember Stille as a participant in
Outside Organizations;
Consider Resolution 12-007; Designating Councilmember Gray as a partici ant in
Outside Organizations;
Consider Resolution 12-008; Designating Councilmember Roth as aartier ap nt in
Outside Organizations;
Consider Resolution 12-009; Designating Councilmember Jenson as a participant in
Outside Organizations;
Consider Resolution 12-010• Adopting Standing Rules of conduct for City Council
Meetings for 2012•
Consider Resolution 12-011; Adopting Elected Official Travel Policy for .2012-
E.
012•E. Consider Resolution 12-0127 Accepting a Grant from the Minnesota Department of
Public Safety for Public Safety Officer's Disability Benefits for the period of July 1.2012
to June 30, 2011;
F. Consider Resolution 12-013• Accepting and Approving the Grant Reimbursement Funds
from the Metropolitan Council of Environmental Services for the Improvement of
Publicly Owned Infrastructure Made on the 2010 Street and Utility Improvement Project•
and
G. Consider Resolution 12-014• Accepting and Approving the Funds from the Minnesota
Local Road Research Board Local Operational Research Assistance (OPERA) Program
for the In Pavement LED Pedestrian Crossing and Effectiveness Project
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
Motion carried nnauhnoasly.
1V. PUBLIC HEARING.
None.
V. REPORTS FROM COMMISSION AND STAFF.
A. Resolution 12-015; Approving a Variance for an Additional Sign at Hemiepin County
Medical Clinic at 2712 Highway 88.
Planning Commissioner Crone presented the request for a sign variance at 2714 Highway 88 and
stated the design at this location gives the appearance of two businesses and the clinic owners
want to eliminate confusion and clearly mark the entrance area. She advised that the Planning
PA
City Council Regular Meeting Minutes
January 10, 2012
Page 3
1 Commission felt that the additional sign would lend clarity to the architecture, would clearly
2 mark the location of the entrance, and the combined square footage of the existing sign and the
3 proposed additional sign is under the maximum allowed by the City Code of 150 square feet.
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Mayor Faust felt that the building makes it look like two distinct businesses. He asked whether
the existing and proposed signage would exceed the maximum signage allowed if this were in
fact two businesses.
Planning Commissioner Crone replied that it would not exceed the maximum of 150 square feet.
Councihnember Jenson requested further information regarding the Planning Commission's
analysis and reasons for recommending approval of the variance when the staff report indicates
that the architect's design does not justify a hardship.
Planning Commissioner Crone explained the Planning Commission concluded that the additional
sign represented a reasonable use and recognized the clinic's interest to clearly have its patients
understand the location of the entrance to the clinic.
Councihnember Jenson felt that the word "entrance" should be rather intuitive for people
entering the clinic.
Planning Commissioner Crone agreed but the clinic is interested in something more
architecturally complementary to its existing sign.
Councihnember Jenson asked if the Planning Commission felt that was sufficient justification for
determining a hardship.
Planning Commissioner Crone reiterated that the existing signage and proposed sign do not
exceed the maximum allowed and the Planning Commission felt this was an appropriate use.
Mr. Richard Lang, Visual Communications, appeared before the City Council and presented a
rendering of the proposed sign. Ile stated that patients corning to the clinic are under stress, ill,
elderly, etc., and the front of the building does not clearly tell you where the entrance is located.
He noted that the architecture has a large commanding brick area which naturally brings you to
the center, away from the entrance location. He explained that the clinic's large existing sign
needs to be readable from Highway 88 to create attention; however, the clinic is aware that this
sign could mislead people at to the entrance. He stated the clinic wants to have a clear
identification of its entrance and the non -illuminated entrance letters do not stand out well. He
indicated the proposed sign is gray toned, is not overly illuminated, is functional, and has down
lighting to light up the entrance letters and canopy below to clearly mark the entrance area.
Councilmember Jenson asked if consideration was given to illuminating the current entrance
sign. He also asked if any of the clinic's customers have been confused about the entrance
location.
City Council Regular Meeting Minutes
January 10, 2012
Page 4
Mr. Lang replied that when the clinic applied for the variance, they were told they could not
illuminate those letters because they are directional and used for way finding. He stated he did
not know if any of the clinic's customers have been confused about the entrance location.
5 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
6 12-015; To Deny a Variance to the Sign Ordinance to Allow a Second Identification Sign for
7 Hennepin County Medical Clinic at the Market Place Shopping Center.
9 Councihnember Gray acknowledged that there may be confusion, but felt that the existing
10 entrance sign was sufficient. He did not feel the request met the requirements for approving a
I 1 variance based on the facts, even based on a most liberal reading of the requirements.
12
13 Councilmember Stille stated that this shopping center made great use of the property to the
14 extent that there is no place for monument signs. He felt that the property is unique, there is not
15 a typical ability to have a monument sign on the site, and this is a unique situation where a large
16 tenant occupies space designed for two or three businesses. Ile understood how a patient who is
17 impaired, sick, or elderly could be confused about the entrance location and felt it may be
18 beneficial to have more clarity regarding the sign. He stated that if there were two distinct
19 businesses at this location there would be two signs in place. He added that this situation is more
20 unique than originally thought and he would not support the motion on the table.
21
22 Councilmember Roth stated he would not support the motion on the table.
23
24 Mayor Faust stated this happens to be one business with two visually distinct fiontages. He
25 stated that the hardship was not created by the owner because they did not construct the building.
26 IIe did not feel the essential character of the locality would be altered if the variance were
27 granted, noting that if this were two businesses the variance would not be required. He stated
28 that economic considerations alone are not the basis of the practical difficulties. He felt that the
29 circumstances causing the practical difficulty are unique to the individual lot. He also felt that
30 the granting of the variance would be in keeping with the spirit and intent of the Zoning Code
31 and Comprehensive Land Use Plan. He stated he did not know if the property could be put to a
32 reasonable use without the variance, adding that in order to organize the clinic's space, they
33 needed the entrance to be located on one side, hence the other entrance which looks normal to
34 the eye would not appear to be reasonable. He advised that he would not support the motion on
35 the table.
36
37 Councihnember Gray stated he was not sure that the additional sign will make it any clearer
38 where the entrance is located. He added it would be helpful to know whether the clinic has had
39 any problems or complaints from customers.
40
41 Motion failed 2-3 (Roth, Stille, and Faust opposed).
42
43 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution 12-
44 015; To Approve a Variance to the Sign Ordinance to Allow a Second Identification Sign for
45 Hennepin County Medical Clinic at the Market Place Shopping Center.
46
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City Council Regular Meeting Minutes
January 10, 2012
Page 5
Motion carried 3-2 (Gray and Jenson opposed).
VI. GENERAL BUSINESS OF COUNCIL.
None.
VII. REPORTS FROM CITY MANAGER AND COUNCIL. MEMBERS.
City Manager Casey — No report.
Councilmember Roth reported on his attendance at the January 5°i Cable Commission meeting in
which the contract negotiations with Comcast were discussed. He noted that consultants are
currently reviewing the technical aspects and an audit of Comcast is being done to make sure all
participating cities are being compensated properly. He stated that Comcast funds a scholarship
for residents each year; application forms and information can found on the CTV15 website.
Councilmember Stille — No report.
Councilmember Gray — No report.
Councilmember Jenson — No report.
Mayor Faust reported on his attendance at the following:
• January 9°i Regional Council of Mayors meeting.
• January 10°i MWMO Board meeting.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Ms. Myrna Doran, Mirror Lake Condominiums, appeared before the City Council and stated it
has been over six months since the flooding and asked that the City Council not forget about the
residents at Mirror Lake. She indicated they have not heard from the City regarding the
investigation and ongoing testing and wanted to make sure the City Council knows that they are
still concerned and would appreciate any information as soon as possible. She stated the last
update they received was in November where City Engineer Hubmer indicated a complete report
would be available this winter.
Mayor Faust assured the residents of Mirror Lake Condominiums that the City Council has not
forgotten about them and asked City Manager Casey to contact the City Engineer to see if any
information is available at this time. Iie advised that the City Council has not received any
further information since the last update in November.
Ms. Deb Larson, Mirror Lake Condominiums, appeared before the City Council and stated that
during the 2009 Foss Road reconstruction project, two paths were installed for the bus stop along
5
City Council Regular Meeting Minutes
January 10, 2012
Page 6
1 the east side of Foss Road. She indicated this was her third request to the City to install a bench
2 on one or both of the paths and possibly a shelter. She stated that Public Works Director
3 Hartman previously indicated he would contact MTC about the request. She added that their
4 maintenance crew would be happy to assist in keeping the area clear if necessary. She requested
5 that the City provide a response to their request.
9 IX.
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Mayor Faust asked City Manager Casey to investigate the request and respond to Ms. Larson.
INFORMATION AND ANNOUNCEMENTS.
Mayor Faust stated that Village Notes has been sent to residents. He advised that MWMO
publishes a newsletter called The Dr ft which is available at www.mwino.org; copies are also
available at City I Iall. I le complimented the St. Anthony New Brighton School District on their
newsletter and indicated the newsletter contains information regarding students as well as
community services information.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:48 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
ATTEST':
City Clerk
Mayor
Saint Anthony Village
ALT January 24, 2012 Approved:
Mayor and Couneilmembers
License Clerk
License and Permits for Approval:
Construction, Shoreview, MN
US BANK ST. ANTHONY VILLAGE
CHECK REGISTER g
VENDOR#
PAYEE CHECKit
DATE
AMOUNT
8964
ACCLAIM BENEFITS
16760
1/25/2012
$47.00
9250
AMERICAN MESSAGING
16761
1/25/2012
$183.48
8090
AMERICAN WATER WORKS ASS
16762
1/25/2012
$1.79.00
8945
ANCOM COMMUNICATIONS
16763
1/25/2012
$19930
8450
ANIMAL CONTROL SERVICES,
16764
1/25/2012
$326.01
8237
ASPEN MILLS
16765
1/25/2012
$169.77
4687
ASPEN WASTE SYSTEMS INC
16766
1/25/2012
$83.94
9796
13FARENCE MANAGEMENT GROU
16767
1/25/2012
$2,1.25.00
4293
BELLBOY CORP.
16768
1/25/2012
$3,284.59
9778
BERNICK'S
16769
1/25/2012
$733.93
7253
BRAKE & EQUIPMENT WAREHO
16770
1/25/2012
$27.41
9922
BUREAU OFCRIM APPREHENS
16771
1/25/2012
$510.00
4231
CAPITOL BEVERAGE SALES
1.6772
1/25/2012
$1.2,512.35
9028
CAPITOL CITY REGIONAL FI
16773
1/25/2012
$50.00
8652
CARTRIDGE CARE
16774
1/25/2012
$118.25
2380
CENTERPOINTENF13GY
16775
1/25/2012
$5,572.12
4065
CENTRAL LOCK & SAFE CO
16776
1/25/2012
$3.21
9907
CENTURYLINI(
16777
1/25/2012
$145.19
9941
CENTURYLINI(
16778
1/25/2012
$150.00
4080
CHISAGO LAKES DISTRIBUTI
16779
1/25/2012
$1,469.81
8154
CITY OF NEW BRIGHTON
16780
1/25/201.2
$368.00
9056
CITY OF ROSEVI11
16781
1/25/2012
$5,494.56
8275
CITY OF ST. PAUL
16782
1/25/2012
$32.50
8814
CITY WIDE WINDOW SERVICE
16783
1/25/2012
$16.03
8953
CMI, INC.
16784
1/25/2012
$195.58
4095
COCA COLA BOTTLING COMPA
16785
1/25/2012
$722.45
9820
CRYSTAL SPRINGS ICE
16786
1/25/2012
$326.58
820
DORSEY& WHITNEY
16787
1/25/2012
$498.39
8697
EXTREME BEVERAGE
16788
1/25/2012
$401.50
9798
FERGUSON WATERWORKS
16789
1/25/2012
$343.92
9236
FSH COMMUNICATIONS
16790
1/25/2012
$64.13
1030
G & K SERVICES INC
16791
1/25/2012
$1,001.02
1110
GENERAL INDUSTRIAL SUPPL
16792
1/25/2012
$77.16
4172
GRAPE BEGINNINGS, INC.
16793
1/25/2012
$864.25
9213
HARTFIEL/ROBIN
16794
1/25/2012
$82.08
8944
HENN CN FY INFO TECH DEPT
16795
1/25/2012
$2,633.81.
9932
HENNEPIN COUNTY TREASURE
16796
1/25/2012
$849.84
4207
HOHENSIEIN'S, INC
16797
1/25/2012
$2,286.38
8252
HOME DEPOT CREDIT SERVIC
16798
1/25/2012
$71.50
8658
INSTRUMENTAL RESEARCH, 1
16799
1/25/2012
$85.50
4125
JJ TAYLOR DISTRIBUTING
16800
1/25/2012
$9,495.48
4220
JOHNSON BROTHERS LIQUOR
16801
1/25/2012
$32,645.95
7352
KATH FUEL OIL SERVICE
16802
1/25/2012
$1,868.97
9939
LIGHTMODULE, INC.
16803
1/25/2012
$245.71
2040
LILLIE SUBURBAN NEWSPAPE
1.6804
1/25/2012
$195.13
US BANK
ST. ANTHONY VILLAGE
CHECK REGISTER
VENDOR #
PAYEE
CHECK #
DATE
AMOUNT
8229
LOFFLER BUSINESS SYSTEMS
16805
1/25/2012
$1,1.40.24
9114
M. AMUNDSON LLP
16806
1/25/2012
$1,438.09
9823
MAILFINANCE
16807
1/25/2012
$80.16
2125
MALENICK/JOHN
16808
1/25/2012
$26.71
9559
METRO CITIES
16809
1/25/201.2
$3,457.00
9752
MINNEAPOLIS SAW COMPANY,
16810
1/25/201.2
$65.39
9111
MINNESOTA STATE FIRE
16811
1/25/2012
$11.5.00
9195
MISTER CAR WASH
16812
1/25/2012
$111.29
8808
MN CITY COUNTY MGMT ASSO
16813
1/25/2012
$175.00
2.360
MN CONWAY FIRE & SAFETY
16814
1/25/2012
$51.24
2395
MTI DISTRIBUTING, INC
16815
1/25/2012
$11.1.10
8519
NORTHDALE CONSTRUCTION C
16816
1/25/2012
$94,813.41.
4S
OFFICE DEPOT
16817
1/25/201.2
$358.73
9615
PAETEC
16818
1/25/2012
$93.10
4354
PAUSI IS & SONS
16819
1/25/2012
$1,175.50
9940
PERMITWORKS, LLC
16820
1/25/2012
$3,031.11
4360
PHILLIPS WINE & SPIRITS
1.6821
1/25/2012
$3,939.42
4361
PINNACLE DIST.
16822
1/25/2012
$280.00
4372
PLUNKETT'S
16823
1/25/2012
$565.52
4385
QUALITY WINE CO
16824
1/25/2012
$9,191..06
9119
RECHECK
16825
1./25/201.2
$1.5.00
8983
SOULO DESIGN, INC
16826
1./25/2012
$50.00
9843
SOUTHERN WINE & SPIRITS
16827
1/25/2012
$815.80
1810
ST, ANTHONY VILLAGE KIWA
16828
1/25/201.2
$108.00
3490
STREICHER'S
16829
1/25/201.2
$1.31.98
8872
SUCIU/BARB
16830
1/25/2012
$87.39
4780
SURLY BREWING CO
16831
1/25/2012
$2,335.00
3260
T A SCHIFSKY & SONS
16832
1/25/2012
$383.64
9842
TASC
16833
1/25/2012
$100.00
9264
TAUTGES REDPATH, LTD,
16834
1/25/2012
$5,265.00
9774
TERMINAL SUPPLY CO.
16835
1/25/2012
$43.56
7337
TIMESAVER OFF SITE SECRE
16836
1/25/2012
$126.25
9934
TOUCHLESS TUNNEL WASH
16837
1/25/2012
$52.90
3560
TRACY PRINTING
16838
1/25/2012
$1,791.21
3630
TWIN CITY SAW CO.
16839
1./25/2012
$197.69
9590
U.S. BANK (PURCHASING
16840
1/25/2012
$1,585.53
8336
UNITED ELECTRIC COMPANY
16841
1/25/2012
$194.34
8561
UNITED RENTALS NORTHWEST
16842
1/25/2012
$55.21
8443
UNIVERSITY OF MINNESOTA
16843
1/25/2012
$85.00
8227
VERIZON WIRELESS
16844
1/25/2012
$181.27
4451
VINOCOPIA
16845
1/25/2012
$620.25
9366
WAL-MART BUSINESS CENTER
16846
1/25/2012
$58.30
4494
WASTE MANAGEMENT OF WI -M
16847
1/25/2012
$656.61
9497
WATER CONSERVATION SERVI
16848
1/25/2012
$1,421.40
9898
WELLS FARGO BANK, N.A.
16849
1/25/2012
$4,036,956.28
8316
WINE COMPANY/THE
16850
1/25/2012
$949.50
w
L=Y:L.rom
VENDOR # PAYEE
8310 WINE MERCHANTS INC
9364 WIRELESS WORLD
4175 WIRTZBEVERAGE- (GRIGGS
9734 WIRTZ BEVERAGE MINNESOTA
9042 WORKFLOW ONE
2680 XCELENERGY
7325 YOCUM OIL COMPANY
9898 WELLS FARGO BANK, N.A.
ST. ANTHONY VILLAGE.
CHECK REGISTER
CHECK #
DATE
AMOUNT
16851
1/25/2012
$673.61.
1.6852
1/25/2012
$24.04
16853
1/25/2012
$30,389.93
16854
1/25/2012
$7,103.02
16855
1/25/2012
$121.21
1.6856
1/25/2012
$11,999.49
16857
1./25/2012
$4,892.29
16859
1/25/2012
$77,977.50
TOTAL $4,396,424.45
10
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CITY OF ST. ANTHONY
RESOLUTION 12-016
RESOLUTION TO APPROVE A REQUEST FOR A VARIANCE TO THE LAKESHORE
ORDINANCE FOR SILVERWOOD PARK LOCATED AT 2500 COUNTY ROAD E
WHEREAS, a Public Hearing was scheduled with the Planning Commission for January 17,
2012 and commenced at 7:05 PM to consider the property owner's request for an
one hundred seventeen (1.17) foot variance to the 200 foot lakeshore setback as
required by the City's Recreational/ Open Space Ordinance at §152.159,
DIMENSIONAL REGULATIONS (C);
WHEREAS, Tom Moffatt, Three Rivers Park District, presented the 117 foot variance request
that if approved, would allow the Park District to construct a 12' x 18' boat
storage and rental shed 83 feet from Silver Lake shoreline; and
WHEREAS, locating the boat storage and rental shed 200 feet back from the shoreline would
pose a public safety concern for park attendant's because the view of the lake is
obstructed by shrubs and trees; and
WHEREAS, two hundred feet puts the shed just over the crest of a steep hill creating an
additional impediment to a park attendant's response to an emergency; and
WHEREAS, not having the immediate access to the lake, the proposed shed would create a
dangerous situation for park visitors; and
WHEREAS, the applicant is required to provide evidence that discloses facts that are unique
to the subject property, that strict enforcement would cause practical difficulties,
preventing the subject property to be used in a reasonable manner; that the
plight of the landowner is due to circumstances unique to the property and not
created by the landowner; that the variance if granted will not alter the essential
character of the locality; and that economic considerations alone are not the basis
of the practical difficulties; and
WHEREAS, the Planning Commission found that the applicant did provide information that
the property cannot be put to a reasonable use without the variance; and
WHEREAS, the Findings of Fact established by the Planning Commission is based on the
report from Staff, the Applicant and Public testimony are as follows:
1. Silverwood Park is zoned Recreational/ Open Space (ROS), which is the
current and appropriate zoning district.
2. The proposed boat and rental shed is an allowable use under §152.158
Accessory Uses (C) for the storage of equipment, provided no hazardous
materials are stored in the shed and fuel for a 9HP outboard motor is
limited to five (5) gallons.
3. The proposed height of the shed is to be no higher than 14 feet at the
pitch of the roof and will be lower in an effort to maintain as low of a
profile as possible without diminishing the space needed to store canoes
and kayaks.
4. Compliance with the Lakeshore Setback Ordinance would require the
shed to be placed on the crest of a hill that would make observation of
activities on the lake obstructed and prevent responding quickly to any
emergency, thus creating a public safety situation.
5. Locating the 12' x 18' shed by the lake shore is in keeping with the Park
District's recreational and environmental goals.
6. The structure's design will mimic the natural tones, colors and design of
the existing visitor's center and is intended to blend in with the
surroundings as much as possible.
7. The location of the shed is an effort to provide efficiency of operations as
well as providing for staff and participant safety.
8. Recreational boating activities are unique to the ROS zoning designation
when a lake is part of the property; and
WHEREAS, based on the Findings of Fact, the Plaiting Commissioners unanimously voted
to recommend approval of the proposed one hundred seventeen foot (117)
variance to the lakeshore setback requirement for the ROS Zoning District.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Anthony hereby
approves the one hundred seventeen (117) foot variance to the Lakeshore Setback
for Silverwood Park located at 2500 County Road E.
Adopted this 24th day January 2012.
ATTEST:
City Clerk
Review for Administration:
Mayor
City Manager
12
STAFF REPORT
To: Mayor. and Council
Mark Casey, City Manager
From: Kim Moore, Assistant City Manager
Date: January 24, 2012
Subject: Silverwood Park — Lakeshore Setback Variance
Requested Action: City Council Action
Date Application Received:
Property Address:
Zoning District
60 -Da Ex )ices:
Waiver Letter Rc aired:
Future Action:
12/13/2011
2500 Co. Rd. ]_',
Recreation/Open Space (ROS)
February 1, 2012
Yes _ Date Sent:
No
Daekground: Staff met with Mr. Tom Moffat, Three Rivers Park District, regarding the possibility of siting a
canoe rental/ storage shed immediately adjacent to existing fishing picts and trails. Lle was advised that the
storage shed is required to be located at least 200 feet from the lake shore (152.159 ROS, DIMENSIONAL
REGULATIONS (C)).
Mr. Moffatt reported that the Park District would like to construct a 12' x 18' (216SP) canoe rental/storage shed
approximately 80 feet from Silver Lake, immediately adjacent to the fishing pier and trails. The Park District is
requesting a 120 -foot variance to the 200' setback requirement because compliance world locate this storage and
rental shed a significant distance from the launch area.
Locating the proposed shed 200 feet from Silver Lake's edge poses a public safety situation for rental attendants
staffing the location because trees and shrubs would block the view of the Lake, preventing direct observation of
renters. Additionally, 200 feet from the Lake is up a fairly steep hill further impeding an attendant's response to
any emergency situation. Not having immediate access to the bake for the attendants creates a dangerous
situation for visitors to the Park.
Analysis. Three Rivers Park District has submitted an application fora variance to the City of St. Anthony
Zoning Code, §152.159 (C), Lake Setback to allow for the construction of a 12' x 18' (216SP) canoe and kayak
rental shed to be situated approximately 80 feet from the Silver Lake shoreline.
Auplication Review
As put of the application process, the applicant is required to provide evidence that discloses facts that are
unique to the subject property. Section 152.245 of the City Ordinance outlines the requirements that must be
addressed to qualify fora variance and the process by which a variance is granted. Specifically Section 152.245
C states that no variance will be =panted unless evidence presented sup ports the following facts and that strict 14
�) b' supports b
enforcement would cause practical difficulties because:
The pro petty cannot be put to a reasonable use without the variance. Mr. Tom Moffatt: reported that the intent
of the project is to create a "base of operations" for canoe and kayak rental at Silverwood Park, thereby
providing the public with additional recreational access to Silver Lake. I -Ie further reported that the Park District
feels that it is reasonable to locate a small shed supporting these activities in close proximity to the rental and
boat launch area. Compliance with the Lakeshore Setback Ordinance would place the shed well up the lakeside
hill, resulting in a distance that is both difficult in assisting park patrons and responding quickly to any
emergency.
'The circumstances causingthe he practical difficulties were not created by the owner. The circumstances of the
perceived practical difficulties are not of the applicant's making. The practical difficulty is created by the City's
Zoning Ordinance that was adopted in part to protect the fragile environment that naturally exists on Silver Lake
from overdevelopment. As Mr. Moffatt states in the Written Statement, locating a 12' x 18' shed is in keeping
with the Park District's recreational and environmental education model.
The variance, if -granted_ will not alter the essential characteristics of the locality. The applicant states that
locating a canoe and kayak rental shed would not alter the essential character of the locality. This shed is a
reasonable and expected structure at a lakeside. Mr. Moffatt states that structure's design will mimic the natural
tones and design of the existing visitor's center and is intended to blend with the surroundings as much as
possible.
The Planning Commission discussed the height of the proposed shed and Mr. Moffatt indicated that in speaking
with the carpenter, the height may be driven by the pitch of the roof. I -Ie indicated that it is also their wish to
maintain as low a profile as possible for the use but also accommodate the length of the canoes and kayaks.
Mr. Moffatt also stated that no hazardous material will be stored in the shed and that only about 5 gallons of fuel
for a 9HP outboard motor. He indicated that he was also researching a solar powered motor that would be in
keeping with the environmental mission of the Park and the philosophy of'Three Rivers Park.
Economic considerations alone are not the basis of the practical difficulties. The applicant states that having a
boat rental shed 80 feet from the lake shore is not an economic consideration but an effort to provide efficiency
of operations as well as staff and participant safety.
The circumstances causing the practical difficulty are unique to the individual lot. The applicant feels that the
practical difficulties are unique to this property due to the park and recreational setting. As Mr. Moffatt has
stated, the Park's operational model is one of a recreation site. The Silverwood Park property is appropriately
zoned Recreational/Open Space and recreational boating activities are unique to this zoning designation when a
lake is part of the property.
The granting of the variance is in keeping with the spirit and intent of the Zoning Code and Comprehensive
Land Use Plan. Staff has determined that the applicant's request is in keeping with the spirit and intent of the
City's Zoning Code or Comprehensive Land Use Plan as this property is zoned Recreation/ Open Space.
Action: Establish Findings of Pact for this request, based on information and testimony presented by the
applicants, the public and Staff and pass a recommendation to Council regarding the variance request to the
Lakeshore Setback requirement in the City's Zoning Code.
Communications: Staff has not received any public response to the applicant's proposed variance
Attachments:
0 Application
• Written Statement
Site Map
e Photos
• Resolution 12-016; Resolution to Approve a Request for a Variance to the Lakeshore Ordinance for
Silverwood Park located at 2500 County Road P:
15
3301 Silver Lake Road i1 St. Anthony, MN 56418 r, (p) 612.782.3301 ❑ Anthony, MN 55
w w wxi.sa ill t-anthony. inn. its
VARIANCG_APPI,ICATION _
FEE: $60 Residential $1.00 Other Zoning Districts ✓
A. GENERAL. DATA
APPLICANT'S NAME: Silverwood Park — Three Rivers Park Dish'ict
The above -n Imcd individual, firms or copo Ilion heeby respectfully submits the following information for the purpose of
securing a variance from e xisting land use zoning controls as found in theCity ity of St. Anthony's Zoning Code.
MOIfalt, Tont 763-694-2065 of 1112-490-8082
Contact Person Last Name First
13. PROJECT INFORMATION
1. Subject. Property Address: 2500 County Road ti West, St. Anthony, MN 55421
2. Specify the nature Of the project for which a variance is sought: Construction of a 12' x 18' canoe rental/storage shed
approximately 80 feet from Silver Lake, immediately adjacent to existing fishing piers acid trails.
3. Explain how you wish to vary from the applicable provisions of the Ordinance: Building will be closer to the lakeshme
than the 200' called for in city code.
4. E.xplain in a written statement why the strict enforcement of the Ordinance would cause practical difficulties for the
applicant, preventing the subject property to be used in a reasonable manner; that the plight of the landowner is due to
circumstances unique to the property not created by the landowner; that the variance if granted, will not alter the essential the
character of the locality; and that economic considerations alone are not the basis of the practical difficulties. Please address
each of these items in your written statement. (City Code §152.245(C))
5. Check all additional supporting documents which are being submitted too help explain this project proposal:
Site Plan" l�opographic Map °Fi Other (specify) &c"✓L __
Required Can attach odditional pages to f ally explain proposal and need for variance.
I IERERY CER'T'IFY WITII MY SIGNATURE'THAI' ALL DATA ON MY APPLICATION FORMS, PLANS AND SI'ECIFICA, I'IONS ARE TRUE AND
CORRECT TO'THE BEST OP/MY KNOWLk�lql
7
Signature of Applicent Dat,
EXPIRATIONEXPIRATION
Within one (1) year after the approval of a variance or appeal if the property owner or applicant has not substantially
started the construction of any building, structure, addition or alteration requested as part of the approval, said variance
shall become null and void unless an application for extension of the approval has been submitted. A letter to extend the
approval of a variance shall be submitted to the Assistant City Manager not les than thirty (30) days before the expiration
of said approval. Such letter shall state the fact for the request, showing a good faith attempt to utilize the variance, and it
shall state the additional time being requested to begin the proposed construction. The City Council may grant extensions
not to exceed one (1) year. (R,,,.July pout
F:A20'1'1 websiteAVariance.AmendmentApplication July 20'li.doc
17
Variance Application: Supplemental Written Statement
Silverwood Park
December, 2012
Three Rivers Park District - Silverwood Park is seeking a variance to St. Anthony City
Zoning Ordinance 152.159 (C) "Lake Setback" to allow the park to construct a 7.2' x
18' Canoe/Kayak rental building 83 feet from Silver Lake. (see attachments for site
layout and structure design) Fishing piers, trails and canoe racks are already in place
immediately adjacent to the proposed construction site. Construction of the building
will allow the park to operate a safe and effective canoe rental operation for park
visitors. Compliance with the 200' setback called for in city ordinance would cause
the following practical difficulties:
1. The intent of the project is to create a base of operations for canoe and kayak
rental at Silverwood. This is in keeping with the park's operational model as a
recreation site. We feel that it is reasonable to locate a small building
supporting these activities in close proximity to the rental and boat launch
area. This location is approximately 80 feet from the lakeshore and will allow
rental attendants to effectively assist park patrons as they rent and launch
canoes and kayaks.
2. Compliance with the setback ordinance would place the building well up the
lakeside hill and result in rental attendants staffing a location a considerable
distance from the actual launch area, and where trees and shrubs block the
view of the lake. This would prevent direct observation of renters and
adversely impact attendants' ability to see and quickly respond to emergency
situations such as capsized boats. Attendants need to be able to clearly
observe and respond to any emergencies as quickly as possible.
3. Rental operations will require attendants to set-up a safety boat and to bring
rental equipment to the shore area each day. Outboard motors and safety
equipment, as well as kayaks and paddleboards, will need to be transported
between the building and Lakeshore daily. The steepness of the lakeshore
would makes this difficult if the storage shed were located at the 200 foot
setback point. Locating the storage building nearer to the water's edge, on
level ground reduces carry lengths and chances of staff injury when
transporting heavy items.
4. Structure design will mimic the natural tones and design of the existing
visitors' center (see attached plans and photos) and is intended to blend with
the surroundings as much as possible. Plantings of native trees, shrubs, and
flowers in the immediate area surrounding the shed will further camouflage
the building from view.
5. Economic considerations are not a part of this request, efficiency of
operations as well as staff and participant safety are the prime drivers.
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These photos are of a similarly
s� sized, canoe rental shed that
our carpenters recently com-
pleted in another one of our
parks. The Silverwood shed
would be of similar design with
a slightly different trim style,
and would be painted to match
the existing visitor center build-
ing.
:
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11-... k ol "120, , , 2 4. —
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PATHWAY TO FISHING PirR/BOAT -
'RENTAL VASK DVWVIIIC'r
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'RENTAL VASK DVWVIIIC'r
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CITY Or ST. ANTHONY
RESOLUTION 12-017
A RESOLUTION CALLING A BEARING
FOR THE 2012 STREET AND UTILITY IMPROVEMENTS
WHERE AS, pursuant to direction of the City Council of the City of St. Anthony Village, a report has
been prepared with reference to the improvements:
2012 Street and Utility Improvements Project
This project consists of street, sanitary sewer, water main, and drainage improvements in the
following locations:
1. Street and Utility Reconstruction
• Belden Drive from 36°i Avenue NE to 34°' Avenue NE
• Coolidge Street NE from 36°1 Avenue NB to 34°' Avenue NE
35°i Avenue NE from Belden Drive to Harding Sheet
2. Coolidge/Harding Backyard Drainage Improvements
3. Macalaster Drive Sanitary Sewer Pipe Bursting
4. Lowry Avenue NR Drainage Improvements
NOW, THEREhORE, TIE Pf RESOLVED, by the City Council of the City of St. Anthony Village that:
1. The Council will consider the improvement of such street and utilities in accordance
with the report and the assessment of abutting property for a portion of the cost of the
improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of
the improvements of $2,155,050.
2. A public hearing shall be held on such proposed improvements on the 28°i day of
February 2012, in the Council Chambers of the City Hall at 7:00 P.M. or as soon
thereafter as possible, and the Clerk shall give mailed and published notice of such
hearing and improvements as required by law.
3. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
improvements to be published twice in the official newspaper at least one week apart
and at least three days prior to the hearing.
Adopted this 24°i day of January, 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
22
CITY OF ST. ANTHONY
RESOLUTION 12-018
A RESOLUTION DECLARING THE COST TO BE ASSESSED
AND ORDERING PREPARATION OF THE PROPOSED ASSESSMENTS
FOR THE 2012 STREET AND UTILITY IMPROVEMENTS
WHEREAS, costs have been determined for the improvement by reconstruction or new construction of:
1. Street and Utility Reconstruction
Belden Drive from 36°i Avenue NE to 34°' Avenue NE
Coolidge Street NL from 36°i Avenue NE to 34°' Avenue NE
35°i Avenue NE from Belden Drive to Harding Street
2. Coolidge/Harding Backyard Drainage Improvements
3. Macalaster Drive Sanitary Sewer Pipe Bursting
4. Lowry Avenue NE Drainage Improvements
and the bid price for such an improvement is approximately $1,642,385.78. The total cost of
the improvement with administrative fees, bond interest and bond fees will be approximately
$2,155,050.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1. The portion of the cost of the proposed Street and Utility Reconstruction improvement to
be paid by tine City is hereby declared to be approximately $1,530,900 and the portion of
the cost to be assessed against benefited property owner is declared to be approximately
$404,650.
2. The portion of the cost of the proposed Coolidge/Harding Backed Drainagc
improvement to be paid by the City is hereby declared to be approximately $29,500 and
the portion of the cost to be assessed against benefited property owners is declared to be
approximately $12,500.
3. The portion of the cost of the proposed Macalaster Dr. Sanitary Sewei_Pi ep Bursting
improvement to be paid by the City is hereby declared to be approximately $98,200.
4. The portion of the cost of the proposed Lowry Avenue NE Draina Ye improvement to be
paid by the City is hereby declared to be approximately $22,200 and the portion of the
cost to be assessed against benefited property owner is declared to be approximately
$57,100.
5. Assessments shall be payable in equal annual installments extending over a period of 15
years, the first of the installments to be payable on or before the first Monday in 2013,
and shall bear interest at the rate of 2 percent (2%) above the City's borrowing rate at the
time the bonds are issued.
6. The Consulting Engineer shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece, or parcel of land
within the district affected, without regard to cash valuation, as provided by law, and the
City Clerk shall file a copy of such proposed assessment in the office for public
inspection.
7. 'Che City Clerk shall upon the completion of such proposed assessment, notify the
Council thereof.
23
24
Adopted this 24°i day of 7anuad, 2012.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
C Woeuments and ScuingAbarb.suciuU,ocal SettingsV'remponuy Intemet rilesVConlaa.OatlookVF4MUOQR9AResolution 12-018- Order Mcparalion cf Assessments.docx
CITY OF ST. ANTHONY
RESOLUTION 12-019
A RESOLUTION CALLING A HEARING ON THE PROPOSED ASSESSMENTS
FOR THE 2012 STREET AND UTILITY IMPROVEMENTS
WHEREAS, by direction of the City Council of the City of St. Anthony Village, a proposed assessment of
the cost of the following improvement has been prepared:
201,2 Street and UtilityImprovements Project
This project consists of improvements by reconstruction or new construction of:
1. Street and Utility Reconstruction
Belden Drive from 36"' Avenue NE to 34°i Avenue NE
• Coolidge Street NE from 36"' Avenue NE to 34°i Avenue NE
35"' Avenue NE from Belden Drive to Harding Street
2. Coolidge/flarding Backyard Drainage bnprovements
3. Macalaster Drive Sanitary Sewer Pipe Bursting
4. Lowry Avenue NE Drainage Iinprovements
NOW, THEREFORE, BE IT RESOLVE]), by the City Council of the City of St. Anthony Village that:
1. A hearing shall be held on the 28°i day of February 2012, in the City Council Chambers
at 7:00 P.M., or as soon thereafter as possible, to pass upon such proposed assessment
and at such time and place all persons owning property affected by such improvement
will be given an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the
hearing, and shall state in the notice the total cost of the improvement. The Clerk shall
also cause mailed notice to be given to the owner of each parcel described in the
assessment roll not less two weeks days prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property,
with interest accrued to the date of payment, to the City Clerk, except that no interest
shall be charged if the entire assessment is paid by November 30`I' of the assessed year.
4. The owner may, at any time thereafter, pay to the Finance Director the entire amount of
the assessment remaining unpaid, with interest accrued to December of the year in which
such payment is made. Such payment must be made before November 30°i or the
interest will be charged through December 31" of the succeeding year.
Adopted this 24"' day of January, 2012.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
F \Council Meetings\2012\01242012ViesCilling Assessment Ileading.docx
25
SNA
WSB
® Engineering n Planning n Environmental ■ Construction
A- ,Ixvaaiate.�'. lnr.
January 19, 2012
Honorable Mayor, City Council and Staff
C/O Mark Casey, City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: 2012 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 1626-570
Dear Honorable Mayor, City Council, and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Following this letter are three resolutions for your consideration at the January 24, 2012 Council Meeting.
The three resolutions for your consideration are:
I. A Resolution Calling a Bearing for the 2012 Street and Utility Improvements
This resolution set's a public hearing to be held on February 28, 2012 at 7:00 pin.
II. A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed
Assessment
This resolution declares the following amounts to be assessed:
a) Street and Utility Reconstruction Improvement = $404,650
b) Coolidge/Harding Backyard Drainage Improvement = $12,500
c) Lowry Ave NE Drainage Improvement= $57,100
$474,250
III. A Resolution Calling a Hearing on the Proposed Assessment
This resolution sets an assessment hearing to be held on February 28, 2012 at 7:00 pm.
If you have any questions, I will be present at the January 24, 2012 Council Meeting to discuss those with
you or please call the at 763-287-7182.
Sincerely,
Todd E. Hubmer, PE
City Engineer
Enclosures
Minneapolis ■ St. Cloud
Equal Opportunity Employer
K i 62s570W,, Mt—kmo2,a:ra-N,—aunw-
26
WSB
Engineering v Planning a Environmental a Construction
January 19, 2012
Honorable Mayor, City Council and Staff
C/O Mark Casey, City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: 2012 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 1626-570
Dear Honorable Mayor, City Council, and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763.541.1700
The following is a breakdown of costs associated with the 2012 Street and Utility Improvement
Project:
Street and Utility Construction Cost = $1,433,750
Contingencies (10%) =
$143,370
Indirect Costs* _
$358,430
Backyard Drainage Project =
$31,120
Contingencies (10%) _
$3,110
Indirect Costs* _
$7,770
Macalaster Dr Pipe Bursting =
$98,200
Lowry Ave Drainage Project =
$72,100
Contingencies (10%) =
$7,200
Total Project Cost=
$2,155,050
*Indirect costs include Engineering, Administration, Legal, Construction Inspection, Survey, Underwriters
Discount, Bond Issuance, Capitalized Interest, etc.
If you have any questions please feel free to call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
�7�.
Todd E. Hubmer, PE
City Engineer
Minneapolis a St. Cloud
Equal Opportunity Employer
K1912d-
27
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39
CITY OF ST. ANTHONY
ORDINANCE 2012-01
AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES,
AMENDING SECTION 111.057 OF THE: ST. ANTHONY CifY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Recitals. The Minnesota Legislature has enacted the Minnesota Clean Air Act
(Minnesota Statutes, Sections 144.411 to 144.417), the purpose of which is to protect employees
and the general public from the hazards of secondhand smoke by eliminating smoking in public
places, places of employment, public transportation and at public meetings, and nothing in the
Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent measures
to protect individuals from secondhand smoke. Pursuant to this authority and for the purpose of
protecting individuals from the hazards of secondhand smoke the City has determined to prohibit
the lighting of tobacco in a retail establishment by a customer or potential customer for the
purpose of sampling tobacco products.
Section 2. Amendment of Section 111.057 to St Anthony Cites. Section 111.057 of the
St. Anthony City Code shall be amended to read as follows:
"§111.057 SMOKING PROHIBITED.
It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco,
tobacco products, or tobacco related devices by any person in any retail establishment-. and for
a_ny pc rson it 11 owns, leases mimes, operates Qr_gtherwise_controls le retail establishment to
allow such to occur.
Section 3. Effective Date. This ordinance shall become effective as of the date of its
publication.
First Reading: January 24, 2012
Second Reading:
Adopted:
ATTEST:
City Clerk
Publish:
Mayor
42
43
STAFF REPORT
To: Mayor and City Council
Mark Casey, City Manager
From: Kim Moore, Assistant City Manager
Date: January 24, 2012
Subject: Ordinance Amending 111.057 Relating to Regulation of Tobacco Sales
Staff received a request from the Police Department to review the City's revised Tobacco Ordinance. The
Chief reported that his officers were finding a local tobacco shop violating the no smoking aspect of the
Ordinance but because the Ordinance had no provision holding the owner of the licensed shop responsible
and accountable, they were unable to cite the owner; only his patrons.
Staff contacted the City Attorney about the omission and the newly amended text was provided to the City
for consideration and adoption. The Police Chief has reviewed the amended text and is satisfied with the
language. That portion of the Ordinance to be amended is proposed to state:
It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco
products, or tobacco related devices by any person in any retail establishment, Ind for -any person that
owns, leases, manages, operates or otherwise controls .—,-the retail establishment to allow such to occur.
Staff Recommendation: Waive the Readings and adopt the amended language as proposed.
Attachment:
• Proposed language amendment to the City's Tobacco Ordinance, §111.057 SMOKING
PROHIBITED; Ordinance 2012-01.
C:ADocuments and SettingsVbarb.sueiuH,ocal SettingATemporary Internet FilesVContent.0utlook\F4MUOQR9V01124012 amendment to tobacco
ordinance stf rpt.doe01124012 amendment to tobacco ordinance stf rpt
FUTURE COUNCIL AGENDA ITEMS
Janumy 24y 2012
Meeting
Meeting
Items/Issues
Staff present
Date
Type
Ordinance Amendment - Tobacco (second reading)
Ratifying the 2012 Agreement between the City of St. Anthony and
International Union of Operating Engineers, Local 49, AFL-CIO
City Council
February 1+
Regular
Representing the St. Anthony Public Works Department.
City Manager
Greater Metropolitan Housing Corporation
Hennepin & Ramsey County Recycling Grants
Approval ofthe Planned Unit Development (PUD) Agreement and the
Planned Unit Development Ordinance related to the Construction of the
Autumn Woods Assisted Living Facility in St. Anthony, Hennepin,
Minnesota;
Planning Commission Items from February 21
2012 Street Project
Public Hearing
City Council
February 28
Regular
Ordering Improvements
City Manager
Adopt and Confirm Assessments
City 13,ngineer
Award ]aid to Contractor
Ehlers & Associate
Calling for Sale of Bonds
Ordinance Amendment -Tobacco (third reading)
SPECIAL
City Council
March 12
Joint Meeting with Parks Commission
City Manager
5:30 pm
Parks Commission
City Council
March 13
Regular
City Manager
St. Anthony Fire Department Annual Report
Fire Chief
St. Anthony Police Department Annual Report
Police Chief
SPECIAL
City Council
March 20
5.30m
Joint Meeting with Planning Commission
City Manager
P
Planning Commission
City Council
March 27
Regular
Planning Commission Items from March 27
City Manager
Redistricting Resolution
Consent Agenda
April io
Regular
City Council
City Manager
Planning Commission Items from April 17
City Council
April 24.
Regular
I
Public Hearing on 2013 Budget
City Manager
Finance Director
May 8
Regular
City Council
City Manager
May 15
Regular
Planning Commission Items from May 15
City Council
City Manager
HOUSING AND REDEVELOPMENT AUTHORITY AGENDA
CITY OF ST. ANTHONY
January 24, 2012
Call to Order.
Roil Call,
I. Approval of January 24, 2012, H.R.A. Agenda.
II. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items
unless a Councilrnember or citizen so requests, in which event the item will be removed from the Consent Agenda and
placed elsewhere on the agenda.
A. Approve January 10, 2012, H.R.A. Minutes. (pp. 1-2)
B. Claims. (p. 3)
III. Public Hearings.
IV. General Policy of Business of the H.R.A.
V. Staff Reports..
VI. H.R.A. Commissioner Comments.
VII. Information and Announcements.
VIII. Adjournment.
FACouncil Meetiugs120121012420121HRA agendapgg.doc
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CITY OF ST. ANTHONY
NIRA REGULAR MEETING MINUTES
JANUARY 10, 2012
CALL TO ORDER.
Chair Faust called the meeting to order at 7:48 p.m.
ROLL CALL.
Commissioners present: Chair Faust; Commissioners Gray, Jenson, Stille, and Roth.
Commissioners absent: None.
Also Present: Executive Director Mark Casey.
I. APPROVAL, OF JANUARY 10, 2012, HRA MEETING AGENDA
Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the January 10,
2012, Housing and Redevelopment Authority Agenda as presented.
IL CONSENT AGENDA.
Motion by Commissioner Roth, seconded by Commissioner Gray, to approve the Consent
Agenda, which consisted of:
A. H.R.A. Meeting Minutes of December 13, 2011
B. Claims;
C. Housekeeping Resolutions:
1. Resolution 12-01; Designating Jerome Faust as the Chair for the St. Anthony
Housing and Redevelopment Authority;
2. Resolution 12-02; Designating Jan Jenson as the Vice Chair for the St. Anthony
Housing and Redevelopment Authority;
3. Resolution 12-03; DesignatingI2andy Stille as the Secretary/Treasurer for the St
Anthony Housing and Redevelopment Authority; and
4. Resolution 12-04; Designating Commissioners for the St. Anthony I Iousing and
Redevelopment Authority.
IH. PUBLIC HEARINGS.
None.
IV. GENERAL POLICY OF BUSINESS OF THE H.R.A.
None.
V. STAFF REPORTS
None.
Motion carried unanimously.
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Housing and Redevelopment Authority Meeting Minutes
January 10, 2012
Page 2
VI. H.R.A. COMMISSIONER COMMENTS
None.
VII. INFORMATION AND ANNOUNCEMENTS
Mayor Faust announced that the LLD stop sign has been installed at Crestview and 29°i Avenue.
He stated that the City received a note from a family thanking the City for installing the sign.
VIII. ADJOURNMENT
Chair Faust adjourned the meeting at 7:50 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
A'T'TEST:
City Clerk
Chair
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WSB
® Engineering n Planning n Environmental ■ Construction
A- ,Ixvaaiate.�'. lnr.
January 19, 2012
Honorable Mayor, City Council and Staff
C/O Mark Casey, City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: 2012 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 1626-570
Dear Honorable Mayor, City Council, and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Following this letter are three resolutions for your consideration at the January 24, 2012 Council Meeting.
The three resolutions for your consideration are:
I. A Resolution Calling a Bearing for the 2012 Street and Utility Improvements
This resolution set's a public hearing to be held on February 28, 2012 at 7:00 pin.
II. A Resolution Declaring the Cost to be Assessed and Ordering Preparation of Proposed
Assessment
This resolution declares the following amounts to be assessed:
a) Street and Utility Reconstruction Improvement = $404,650
b) Coolidge/Harding Backyard Drainage Improvement = $12,500
c) Lowry Ave NE Drainage Improvement= $57,100
$474,250
III. A Resolution Calling a Hearing on the Proposed Assessment
This resolution sets an assessment hearing to be held on February 28, 2012 at 7:00 pm.
If you have any questions, I will be present at the January 24, 2012 Council Meeting to discuss those with
you or please call the at 763-287-7182.
Sincerely,
Todd E. Hubmer, PE
City Engineer
Enclosures
Minneapolis ■ St. Cloud
Equal Opportunity Employer
K i 62s570W,, Mt—kmo2,a:ra-N,—aunw-
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WSB
Engineering v Planning a Environmental a Construction
January 19, 2012
Honorable Mayor, City Council and Staff
C/O Mark Casey, City Manager
St. Anthony Village
3301 Silver Lake Road
St. Anthony, MN 55418
Re: 2012 Street and Utility Improvement Project
St. Anthony Village, MN
WSB Project No. 1626-570
Dear Honorable Mayor, City Council, and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763.541.1700
The following is a breakdown of costs associated with the 2012 Street and Utility Improvement
Project:
Street and Utility Construction Cost = $1,433,750
Contingencies (10%) =
$143,370
Indirect Costs* _
$358,430
Backyard Drainage Project =
$31,120
Contingencies (10%) _
$3,110
Indirect Costs* _
$7,770
Macalaster Dr Pipe Bursting =
$98,200
Lowry Ave Drainage Project =
$72,100
Contingencies (10%) =
$7,200
Total Project Cost=
$2,155,050
*Indirect costs include Engineering, Administration, Legal, Construction Inspection, Survey, Underwriters
Discount, Bond Issuance, Capitalized Interest, etc.
If you have any questions please feel free to call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
�7�.
Todd E. Hubmer, PE
City Engineer
Minneapolis a St. Cloud
Equal Opportunity Employer
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CITY OF ST. ANTHONY
ORDINANCE 2012-01
AN ORDINANCE RELATING TO REGULATION OF TOBACCO SALES,
AMENDING SECTION 111.057 OF THE: ST. ANTHONY CifY CODE
The City Council of the City of St. Anthony hereby ordains:
Section 1. Recitals. The Minnesota Legislature has enacted the Minnesota Clean Air Act
(Minnesota Statutes, Sections 144.411 to 144.417), the purpose of which is to protect employees
and the general public from the hazards of secondhand smoke by eliminating smoking in public
places, places of employment, public transportation and at public meetings, and nothing in the
Minnesota Clean Air Act prohibits the City from enacting and enforcing more stringent measures
to protect individuals from secondhand smoke. Pursuant to this authority and for the purpose of
protecting individuals from the hazards of secondhand smoke the City has determined to prohibit
the lighting of tobacco in a retail establishment by a customer or potential customer for the
purpose of sampling tobacco products.
Section 2. Amendment of Section 111.057 to St Anthony Cites. Section 111.057 of the
St. Anthony City Code shall be amended to read as follows:
"§111.057 SMOKING PROHIBITED.
It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco,
tobacco products, or tobacco related devices by any person in any retail establishment-. and for
a_ny pc rson it 11 owns, leases mimes, operates Qr_gtherwise_controls le retail establishment to
allow such to occur.
Section 3. Effective Date. This ordinance shall become effective as of the date of its
publication.
First Reading: January 24, 2012
Second Reading:
Adopted:
ATTEST:
City Clerk
Publish:
Mayor
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STAFF REPORT
To: Mayor and City Council
Mark Casey, City Manager
From: Kim Moore, Assistant City Manager
Date: January 24, 2012
Subject: Ordinance Amending 111.057 Relating to Regulation of Tobacco Sales
Staff received a request from the Police Department to review the City's revised Tobacco Ordinance. The
Chief reported that his officers were finding a local tobacco shop violating the no smoking aspect of the
Ordinance but because the Ordinance had no provision holding the owner of the licensed shop responsible
and accountable, they were unable to cite the owner; only his patrons.
Staff contacted the City Attorney about the omission and the newly amended text was provided to the City
for consideration and adoption. The Police Chief has reviewed the amended text and is satisfied with the
language. That portion of the Ordinance to be amended is proposed to state:
It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco
products, or tobacco related devices by any person in any retail establishment, Ind for -any person that
owns, leases, manages, operates or otherwise controls .—,-the retail establishment to allow such to occur.
Staff Recommendation: Waive the Readings and adopt the amended language as proposed.
Attachment:
• Proposed language amendment to the City's Tobacco Ordinance, §111.057 SMOKING
PROHIBITED; Ordinance 2012-01.
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