HomeMy WebLinkAboutCC MINUTES 072720101
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JULY 27, 2010
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present:
Absent:
Also Present:
Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille
None
City Manager Mike Mornson.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
23 I. APPROVAL OF JULY 27, 2010 CITY COUNCIL MEETING AGENDA.
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30 II.
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38 III.
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Motion by Councilmember Stille, seconded by Councilmember Roth, to approve the City
Council Meeting Agenda of July 27, 2010.
Motion carried unanimously.
PROCLAMATIONS AND RECOGNITIONS.
Councilmember Roth recited the Proclamation for the 2nd Annual Night to Unite in Minnesota on
August 3 , 2010.
Mayor Faust stated that the Night to Unite event is a good opportunity for residents to get to
know their neighbors and encouraged residents to participate on August 3rd.
CONSENT AGENDA.
A. Consider June 22, 2010 Council meeting minutes.
B . Consider licenses and pe1mits.
C. Consider payment of claims.
D. Resolution 10-047; Authorizing Execution of Sub-Grant Agreement for the St. Anthony
Fire Depaiiment.
E. Resolution 10-048; Accepting Grant from Ramsey County for the 800MHz Radios for
the St. Anthony Police Department.
F. Resolution 10-049; Accepting a Grant from the Minnesota Twins Community Fund
Pminering with the St. Anthony-New Brighton school District #282 for the
Improvements of Cenh·al Park Softball Fields.
City Council Regular Meeting Minutes
July 27, 2010
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13 IV.
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G . Resolution 10-050; Authorizing the Mayor and City Manager to Execute the Assessment
Agreement between the City of St. Anthony and Hennepin County for the Years 2011
through 2014.
H. Resolution 10-051; Accepting a Grant form the Mississippi Watershed Management
Organization (MWMO) Stewardship Fund Program for the St. Anthony Public Works
Department.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
Motion carried unanimously.
PUBLIC HEARING.
None.
REPORTS "FROM COMMISSION AND STAFF.
A. Resolution 10-052; Approving a Conditional Use Permit for a Restaurant located within
250 feet from a Residential Structure or District for the property located at 3701 Stinson
Boulevard.
Mr. Don Jensen, Planning Commission Chair, reported that the Planning Commission held a
public hearing last week to consider IHOP's request for a Conditional Use Permit to allow the
location of an IHOP restaurant within 250 feet from a residential district. He stated that the
applicant's plans as submitted were not amended by the Planning Commission and the
Commission voted unanimously to recommend approval of the Conditional Use Permit with four
conditions noted. He advised that the Planning Commission also reviewed the applicant's
request for a Conditional Use Pe1mit to operate a drive-thru window and explained that this will
not be a drive-thru window typical of a fast food restaurant because the drive-thrn window will
only offer coffee, smoothies, and pastries. He added that the drive-thru window concept
represents a new business enhancement being offered by IHOP. He indicated that the Planning
Commission added a fifth condition with respect to exiting maneuvering and after discussion, the
Planning Commission felt that b ecause the IHOP is the sole use in that quadrant, it would take a
"wait and see" attitude regarding repositioning the curb cut if it can be determined that a
vehicular accident is directly related to the drive-thru facility. He stated that access to the d1ive-
thru window could be moved further to the north to remove any type of traffic conflict and the
applicant was amenable to that condition.
Councilrnember Stille asked if the Planning Commission discussed the possibility of setting
hours for operation of the drive-thrn window versus limiting the hours from opening to an hour
before closing.
Mr. Jensen stated that it is not the intent of the restaurant to be open 24 hours and, therefore, did
not feel it was necessary to clarify specific hours of operation of the drive-tlu·u window.
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City Council Regular Meeting Minutes
July 27, 2010
Page 3
Councilmember Stille questioned a driver's ability to make the turn after exiting the drive-thru
window because it is a fairly sharp turn and may be difficult to maneuver.
Mr. Jensen stated that the Planning Commission agreed that this is a tight turn, but felt that
because there is no competing traffic in the immediate vicinity, drivers would be able to make
the turn. He reiterated that if the existing maneuver is determined to be hazardous to the
community or IHOP clientele, the City retains the ability to require that the driveway be
repositioned to the curb cut located in the northwest corner of the property.
Councilmember Jenson asked if this type of configuration has been used in other locations.
Mr. Jensen replied that tight turning movements have often occurred in various sites for pickup
and delivery and is really a question of how attentive drivers are. He stated that the applicant
offered to place an additional stop sign to make sure it is clear to drivers to come to a complete
stop after exiting the drive-thru window before moving forward.
City Manager Mornson stated that three accidents in five years have been reported at this
location. He pointed out that the hours of operation are set by City Ordinance and businesses are
not currently allowed to be open 24 hours.
Councilmember Gray asked if the Planning Commission considered requiring the entire parking
lot to be a one-way, similar to the Wendy's lot. He stated that he felt this might minimize traffic
conflicts coming out of the drive-thru window.
Mr. Jensen replied that the drive-thru window will only be a one-way and the Planning
Commission did not feel the entire parking lot should be a one-way. He added there is an island
that separates vehicles in the drive-thru lane from vehicles circulating the parking lot.
Mr. Terry Abney, Abney Development Services, Inc., project manager for IHOP, appeared
before the City Council and stated that he is working with Tammy Smith who currently operates
seven IHOP restaurants and will be operating this IHOP location. He stated that IHOP currently
has approximately 1,450 restaurants located in every state in the union and restaurant
conversions like this have become commonplace. He indicated that they are able to comply with
a ll the recommendations of the Planning Commission, including the limitation regarding hours
of operation, with the caveat that if they determine they would like to be a 24-hour operation,
that they can come back to the City and request that. He stated that the drive-thm window is a
new concept so it is unclear how well the concept will be received , but it is intended to have a
limited menu, with a menu board located next to the drive-thm window, and will be available
only during limited hours. He advised that on the site layout, there is an existing northerly
driveway that they will use and a curb will be installed along the last 75 -80 ' of the property . He
stated that an enclosed trash container will be located on the north side, along with a concrete
approach. He discussed the current parking at 81 spaces, but ba sed on last week's Planning
Commission meeting, they intend to remove a couple of parking spots along the southwest
comer to make it a little safer, resulting in parking for 79 vehicles. He presented the landscaping
plan, lighting plan, proposed signage, and a rendering of the building, showing earth tones except
for the blue roof. He stated that they anticipate begi1ming construction in approximately three
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City Council Regular Meeting Minutes
July 27, 2010
Page4
weeks. He noted that one of the concerns they have is the poor condition of the sidewalks,
especially next to the sign where the last 20-30' of sidewalk is in bad shape. He stated that they
would like to replace those sidewalks now, rather than wait until the City's planned
reconstruction in 2012, and requested that the sidewalk replacement either be accelerated by the
City or to allow them to do the work and get some reimbursement from the City.
Councilmember Stille requested clarification regarding how someone would place an order at the
drive-thru window.
Mr. Abney stated that drivers will place their order face to face after viewing the menu board
located within six feet of the drive-thru window.
Councilmember Gray stated that this restaurant will be a great addition to the City. He expressed
continuing concern about the two-way driving into the parking lot, especially coming out of the
drive-thru window, and felt this represented too much risk instead of having people come in on
the south end and exiting on the north side to avoid conflicts.
Mr. Abney stated if this were a typical drive-thru with a significant amount of business, perhaps
they would be more concerned, but they do not anticipate that the drive-thru window will be
used enough to create traffic conflicts.
Mayor Faust stated that the City Ordinance is clear regarding hours of operation and businesses
are not allowed to be open from 1 :00 a.m. to 5 :00 a.m .; as a result, if the applicant later requests
a 24-hour operation, it is unlikely that the request will be granted based on current Ordinance.
He advised that staff will discuss the sidewalk replacement issue with the applicant, and added
that he is not aware of the City ever having provided reimbursement to a developer for sidewalk
replacement.
Councilmember Stille stated that he would like to add a sixth condition requiring only face-to-
face ordering at the drive-thru window, with no electronic enhancement or speaker system, to
avoid any negative impact to the residential properties planned near this location in the future.
Ms. Tammy Smith appeared before the City Counci l and stated the drive-thru window concept is
a new concept intended to compensate for the smaller seating capacity in the restaurant and to
provide a new service to customers that allows them to order limited items without having to
leave their car. She indicated that the drive-tJu·u window will only serve coffee, smoothi es,
bagels, or cinnamon rolls, and is intended to get customers in and out in less than two minutes.
She added that this service will always be face to face and she did not foresee a lot of business
with this limited menu.
Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution I 0-
052, Approving a Conditional Use Permit for a Restaurant located at 3701 Stinson Boulevard
and that is within 250 feet of a Residential Strncture of Distiict.
Motion carried unanimously.
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City Council Regular Meeting Minutes
July 27, 2010
Page 5
VI.
B. Resolution 10-053; Approving a Conditional Use Permit for a Drive-Thru in a Permitted
Use for the property located at 3701 Stinson Boulevard.
Motion by Councilmember Stille, seconded by Councilrnember Jenson, to adopt Resolution 10-
053, Approving a Conditional Use Permit for a Drive-Through Facility, with the addition of a
sixth condition requiring that no speaker system or microphone system shall be used in which to
place orders at the drive-thru window.
Councilmember Stille explained that he would like this condition added because the CUP runs
with the property and the property may be sold in the future. He stated he would rather be more
constraining now than later.
Mayor Faust stated that he felt condition #5 was vague, nebulous, and unenforceable and
requested that this condition be removed .
Councilmember Stille agreed to the friendly amendment to the motion.
Councilmember Jenson seconded the friendly amendment to the motion.
Mayor Faust clarified for the record that condition numbers 1-4 in Resolution 10-053 will
remain, condition #5 is deleted and replaced with the condition that no speaker system or
microphone system shall be used in which to place orders at the drive-thru window.
Motion carried unanimously.
GENERAL BUSINESS OF COUNCIL.
A. VillageFest Update
Julianne Hunter, VillageFest Chairperson, presented an update of VillageFest and events planned
for Thursday, August 51h, through Sunday, August 8111 • She stated that information is posted on
the new website, www.stanthonvvillagefest.org. She advised that the golf tournament has been
moved this year to Columbia Golf Course and has also been moved to Thursday to accommodate
people involved in the tournament and to avoid conflicting with the parade on Friday. She stated
that the St. Anthony Lions will be collecting items for the food shelf during the parade. She
reported that the SK run has been changed back to Saturday and will kick off at 8:00 a.m. She
noted that there will be a lot of activities for smaller children, including a petting zoo, games and
art work, and this year the inflatables have been expanded to include a climbing wall and
obstacle course; there will also be a tent set up in the middle of the inflatables for the teens and
tweens to have as their own area and will include a free guitar hero from 2:00-8:00 p.m. She
advised that the Village Pub will not be sponsoring a chili cook-off but instead will sponsor a
patio cookout from 12 :00-5 :00 p.m. on Saturday and a bocce throw off from 1:00-3:00 p.m . She
stated they are still in need of volunteers for bingo . She stated that the Kiwanis pancake
breakfast will close out the event on Sunday from 8:00 a.m. to 12 :30 p.m.; tickets are available
from the Kiwanis. She expressed the organizing committee's thanks to the City Council, City
staff including fire, police, and public works, the St. Anthony shopping center tenants, St.
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City Council Regular Meeting Minutes
July 27, 2010
Page 6
Anthony Mobil, Culver's, Jack & Jill, the Chamber of Commerce, Kiwanis, Lions and all the
volunteers and sponsors involved in making VillageFest a successful event every year. She
directed residents to the website for current information regarding the event and questions may
be directed to stanthonvvillagefest@gmail.com. She added that cash donations, gift baskets or
gift cards for silent auction can be dropped off at City Hall or at Annona Gourmet in the
shopping center.
Mayor Faust expressed the City Council thanks to Ms. Hunter and all the committees involved in
VillageFest.
B. Quarterly Goals Update.
Mr. Mornson presented his second quarter update on goals and stated there are 62 action items
listed and progress has been made on 31 items during the second quarter and nine items have
been completed. He reported that Goal #1-Environmental Stewardship has included several
meetings regarding the clean-up of Silver Lake, and work continues on the ponds at Silver Lake
Village; in addition, Congressman Ellison and Senator Klobuchar are working with staff to
obtain funding for the clean up. He advised that a meeting was also held regarding the public
gardens and soil testing is being conducted; this item will come to Council in August regarding
the type of soil corrections needed and whether the desired site should be pursued . He indicated
that with respect to Goal #2-Maintain and Enhance Infrastructure, staff continues to monitor
utility rates after adoption of the tiered water rate system. He added it is difficult to measure this
after only two quarters, especially since there has been a lot of rain this year. He discussed Goal
#3-Foster and Encourage Civic Engagement, and stated that the new website design has been
completed and staff attended a League-sponsored loss control seminar in April. He indicated
that work on Goal #4-Create & Maintain Healthy Neighborhoods included meeting with Pratt on
the co-op proposal at Silver Lake Village and a new development agreement will be presented to
the Council on August l 01h for Phase 2 of the project. He noted that renewal opportunities
include the rHOP restaurant approved earlier this evening, and interest has been expressed
regarding other developments that might be coming to the Council in the near future . He stated
that Goal #5-Communicat e Effectively included completion of a story on tax savings published
in the summer newsletter as well as a meeting with Community Services in April. He discussed
Goal #6-Increase & Maintain Fiscal Strength, noting that several of the items listed were
approved earlier in the Consent Agenda, including the police grant, OSHA grant and I&I grant.
He stated that the finance department completed its survey regarding street light utility fees, the
Council previously discussed 20 year amortization versus 15 year amorti zation for bonds, the
City just received a Ramsey County grant for police radios, and the Fire Department received a
grant from Homeland Security for hazard mitigation. He added that a fitness week was held as
part of the wellness program, as well as a "Biggest Loser" challenge at the liquor store, and
finally, John Ohl and John Malenick attended a meeting with the County regarding the mass
dispensing plan.
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City Council Regular Meeting Minutes
July 27, 20 IO
Page 7
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Momson reported on the following:
• The August 10th City Council meeting will be held at 8:00 p .m. due to the primary
election and will include consideration of the development agreement with Pratt as well
as the feasibility report for the 2011 street project.
• A neighborhood meeting on the 2011 street project will be held next week.
• The deadline for the Council to pass a resolution to continue in the Met Council's livable
communities program is September 1st. Staff recommends the Council approve this
resolution to continue participating in the Met Council's funding programs.
• A workers' compensation audit was completed last week.
• The 2011 budget will be presented to the City Council on August 24th and September l41h
and will include approval of the levy.
• The State of Minnesota recently approved the City's compliance with the Local
Government Equity Act.
Councilmember Gray: No report.
Councilmember Jenson: No report.
Councilmember Roth : No report.
Councilmember Stille: No report.
Mayor Faust reported on the following:
• On June 23-25 , he and Councilmembers Jenson and Gray attended a League of
Minnesota Cities conference.
• He presented the 2010 Law Summaries book and stated this summary provides useful
information on laws recently enacted and how those laws affect cities.
• June 29th Mississippi Watershed Management Organization meeting.
• June 29th Senior Citizen 2010 volunteer appreciation meeting. He expressed the City
Council's thanks to all the volunteers who perform work on behalf of the City.
• July 3th infomiational meeting with Rice Creek Watershed District and Minnesota
Pollution Control Agency regarding water quality. He stated this meeting was open to all
residents and was well-attended. He noted that the City is close to TMDL and a request
has been placed with Senator Klobuchar to see if the City can obtain funding.
• July lih farmers market kick-off at the shopping center. The farmers market has a
website: www .thevillagefarmersmarket.org.
• July 13 1h Mississippi Watershed Management Organization meeting.
• On July 21 5
\ turf maintenance with reduced environmental impacts program was kicked
off, sponsored by the Minnesota Pollution Control Agency and MWMO. The program
provides information on how to use fewer pesticides, proper mowing and fertilizing
techniques, as well as ways to protect lakes , streams, and rivers. The program is a free 4-
l/2 day event intended to provide information on reversing the negative environmental
impacts of turf maintenance.
City Council Regular Meeting Minutes
July 27, 2010
Page 8
1 • Julfi 13th meeting with the Historical Society. The books are going to the printers on July
2 3011 and will be ready in the fall. The Historical Society may have a shared booth at
3 VillageFest.
4 • The City received the Governor's Award today from the Minnesota Pollution Control for
5 its water reuse program; this is the fifth award the City has received. The awards
6 program will be aired on Channel 16 and further information is available on the Pollution
7 Control Agency's website .
8 • Another meeting with the Mississippi Watershed Management Organization will be
9 scheduled regarding the building in Minneapolis.
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11 VIII. COMMUNITY FORUM.
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13 Mayor Faust invited residents to come forward at this time and address the Council on items that
14 are not on the regular agenda.
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Hearing none, Mayor Faust moved forward with the agenda.
18 IX. INFORMATION AND ANNOUNCEMENTS.
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Mayor Faust stated that a group of folk dancers from Finland will be performing at VillageFest
and several other locations during their visit to Minnesota; further information is available on the
City's w e bsite.
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ADJOURNMENT.
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Mayor Faust adjourned the meeting at 8:10 p .m.
Respectfully submitted,
B arbara Hughes
TimeSaver Off Site Secretarial, Inc.
A TT EST f1t1,/Ja.l~lt/1 I
C ity C lerk ~