HomeMy WebLinkAboutCC MINUTES 02282012I
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
FEBRUARY 28 , 2012
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.
ROLLCALL.
Present:
Absent:
Also Present:
Guest:
Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
None.
City Manager Mark Casey, City Attorney Jay Lindgren, City Attorney and City
Engineer Todd Hubmer.
Stacie Kvilvang (Ehlers & Associates).
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF FEBRUARY 28, 2012, REVISED CITY COUNCIL MEETING
AGENDA.
Mayor Faust explained that the dollar amount of the General Obligation Bonds , Series 20 12A , in
agenda item VIl.e. has been revised from $9 ,220,000 to $9,595 ,000.
Motion by Councilmember Stille, seconded by Councilmernber Jenson , to approve the City
Council Meeting Agenda of February 28 , 2012, as amended .
Motion carried unanimously.
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PROCLAMATIONS AND RECOGNITIONS.
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A. Resolution 12-024; To Recognize the Election of President Sauli Niinistii as the President
of Finland.
Councilmember Roth recited the resolution recognizing the election of President Sauli Niinistii
as the President of Finland .
Motion by Councilmember Roth, seconded by Councilmember Jenson , to approve Resolution
12-024; To Recognize the Election of President Sauli Niinistii as the President of Finland .
Councilmember Stille stated the City 's relationship with President Sauli Niinisto is unique in that
the City has a direct tie to the President of Finland and an ability to interact with the City ofSalo,
where President Niinistii previously served as chair of the Salo City Council. He indicated the
City's direct connection has produced benefits for the community as most recently noted by the
City Council Regular Meeting Minutes
February 28, 2012
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Youth Summit and it will be important for the City to continue acting on its re lationship with the
City ofSalo and President Sauli NiinistO .
Motion carried unanimously.
CONSENT AGENDA.
A . Consider February 14,2012, Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims; and
D. Consider Resolution 12-025; Approving the Joint Powers Agreement for the Mississippi
Watershed Management Organization.
Motion by Councilmember Gray, seconded by Councilmember Jens o n, to approve the Consent
Agenda items.
Motion carried unanimously.
ITEMS TABLED FROM PREVIOUS COUNCIL MEETINGS.
A. Resolution 12-026; Approving the Planned Unit Development Agreement and the
Planned Unit Development Ordinance related to the Construction of the Autumn Woods
Assisted Living Facility in St. Anthony Village, Hennepin County, Minnesota and
Ordinance 2012-02; Ordinance Amending Chapter 152 of the City Code, Being the
Zoning and Land Use Chapter of the City of St. Anthony (tabled from November 22,
2011).
City Manager Casey presented LaNe I Group 's plans for the construction of an assisted living
facility at 2580 Kenzie Terrace and noted that this item was tabled at the November 22 , 20 II ,
City Council meeting pending further review by the City Engineer. He indicated the City
Engineer has determined that the proposed development meets all engineering requirements .
City Engineer Hubmer stated that the revised plans for the storm water system have been
reviewed which incorporates two above ground systems and one underground system for sto ri ng
water and releasing it at a slower rate . He advised that their findings indicate the developer is
reducing the discharge rate and exceeding water treatment requirements for the site.
Mr. Greg Bronk, LaNel Group, appeared before the City Council and stated that following the
November 22 , 20 II , City Council meeting, they have met with City staff regarding the drainage
on Lowry Avenue and have agreed to a plan whereby the City will construct a sto rm sewer along
Lowry Avenue and assess the Autwnn Woods property for those improvements . He indicated
they are ready to proceed with the project and hope to begin construction in April or May.
Councilmember Stille indicated that the homes behind the Autumn Woods site are zoned or
guided for multi-family housing and asked if there has been any discussion about future
development on this property .
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City Council Regular Meeting Minutes
February 28, 2012
Page 3
V.
Mr. Bronk stated there would likely be some form of multi-family housing on that site ifit were
vacant, but he could not provide an opinion regarding future development because the property is
not available today.
Mr. Mark Gibbs, 2617 Lowry Avenue, appeared before the City Council and stated he was not in
favor of this project moving forward without first settling the issue with the properties bordering
to the south. He indicated it made no sense to let them build while the five property owners are
left hanging. He stated the LaNel Group has approached five of the property owners to see if
they are willing to sell and four of the five are willing. He felt it would be unfair to proceed
without first resolving these issues.
Mr. Royal Anderson, 2621 Lowry Avenue, appeared before the City Council and stated he is one
of the five residents adjoining this property. He indicated he has received a second offer from
LaNel to sell his property and he is willing to negotiate. He expressed concern regarding the
height of the assisted living facility and presented a drawing of the proposed building in relation
to his property. He noted that he supported senior housing and felt the development was a good
idea , would provide a higher tax base for the City, and would provide jobs, but felt that the issue
with the five homeowners should be resolved first.
Motion by Councilmember Stille, seconded by Council member Gray , to approve Resolution 12-
026; Approving the Planned Unit Development Agreement and the Planned Unit Development
Ordinance Related to the Construction of the Autumn Woods Assisted Living Facility in Saint
Anthony Village , Hennepin County, Minnesota and Ordinance 2012-02 ; Amending Chapter 152
of the City Code, Being the Zoning and Land Use Chapter of the City ofSt. Anthony.
Councilmember Stille explained that in 2000 , the City acquired five homes on which the Autumn
Woods development is built in order to correct a blighted situation and at the time , the City
recognized that the property would have to be up-zoned to multi-family housing. He stated that
the City is not land-locking this property and is not taking a developer 's options off the table to
develop the site where the five homes are currently located. He added it is the homeowner's
prerogative whether to sell their property.
Mayor Faust stated that that all property owners have certain rights and it is not the City 's place
to take away or suppress those rights. He explained that a 2003 law changed the eminent domain
laws in the country and it would not be appropriate to force someone who has a property to enjoy
the full use of that property by not allowing them to develop it to the best of their ability .
Motion carried unanimously.
PUBLIC HEARING
A. Resolution 12-027; Ordering Improvements for the 2012 Street & Utility Improvements.
Mayor Faust opened the public hearing at 7:27 p.m.
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City C ouncil Regular Meeting Minutes
February 28 , 2012
Page 4
City Engineer Hubmer presented the 2012 street and utility improvement project located on
Belden Drive and Coolidge Street and 35 th Avenue. He stated the street will be reconstructed
and replaced with asphalt, the sanitary sewer will be replaced , and the existing cast iron water
main will be replaced with ductile iron pipe. He explained that drainage improvements will also
be done on the north end of 36th Avenue to intercept water and reduce flooding in the
intersections. He stated that back yard drainage improvements will also be done between
Harding and Coolidge using directional drilling and installing catch basins to alleviate the
drainage problems in this area . He stated that emergency repairs are also planned on the
Diamond Eight Terrace sanitary sewer to repair a segment that is collapsing. He indicated that
drainage improvements along Lowry Avenue are also included in the project and the Autumn
Woods owner has agreed to pay for these improvements . He discussed the concerns raised at the
neighborhood meetings regarding trees and restoration, access issues during constmction, special
need s and events whereby the contractor will work to make sure roads are passable for events
over the s ummer months , restoration of sprinkler systems, sump pump connections being
provided behind the curb s o residents can connect their sump pumps, and mail and garbage
service during constmction. He advised that temporary water service will be provided during
construction and residents are asked not to mow or trim grass up to the water line. He stated that
the City will allow residents to use their own driveway contractor and the City will reimburse
re s idents for the City 's share . He reviewed the project schedule and project cost/funding
breakdown, noting that the total 2012 street and utility improvement project is $2 ,155 ,050 and
the assessable portion of these improvements is $474,279. He advised the back yard drainage
improvements are split 65 /35 , consistent with the City 'S previous flood proofing grant programs,
with the residents being assessed $12 ,525 for these improvements. He explained how
assessments are calculated ·and provided examples of determining front footage for standard lots
and co rner lots. He also explained how assessments can be paid and stated that residents can pay
the full assessment to avoid interest by November 30, 2012 or residents can make a partial
payment by November 1,2012 in the first year; residents also have the option of applying the
asse ssment directly to their property taxes and paid over IS years at an interest rate that is 2%
higher than the City's bond issue rate .
Ms. Katherine Freas, 3523 Harding Street, appeared before the City Council and thanked the
City for supporting the back yard drainage improvements. She expressed support for these
improvements and presented photographs of their back yard following the flooding on July 16 ,
20 II . She indicated the Fire Department allowed them to use a pump to out their back yard and
basement, but the water was standing there most of the summer and their grass rotted. She urged
the C ity Council to approve the back yard drainage improvements .
Mr . David Wiehoff, 3508 Coolidge Street, appeared before the City Council and stated he does
not have a water problem in his back yard and did not feel there was a need for the proposed
improvements. He did not feel the back yard drainage improvements would help all of the
property owners because some of the properties are on a lower grade than the drains. He
indicated there was a drain on 36th Avenue and asked the City Enginee r t o verify that this drain is
about 2 ' above the level it should be and the water has to get so high for it to dra in . He asked if
the City can use storm water funds to fund the back yard drainage improvement project. He did
not feel it was necessary for the City to spend $42 ,000 on this project and felt that improvement
of the drainage on 36th at the proper level would be a better solution.
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City Council Regular Meeting Minutes
February 28 , 2012
Page 5
City Engineer Hubmer explained the back yards along Harding and Coolidge drain from the
south to the north and the existing outlet off 36'h Avenue is not as low as it could be but has been
placed to fit the grade of the back yards as originally constructed. He indicated that over time ,
residents have constructed gardens, retaining walls , etc. in an area that is fairly flat and the
proposed improvements will add four drains to the back yards. He noted that residents were told
this might not be a perfect location for the drains and it is their responsibility to do improvements
to make sure the water gets to the drains. He added the proposed improvements represent the
least destructive and least costly alternative .
Mr. Don Dick, 3519 Harding Street, appeared before the City Council and stated he was in favor
of the proposed back yard improvements and assessments for the benefit of the whole
neighborhood. He indicated that they are seeing flooding after only one or two inches of rain
whereas in the past, it would take a rainfall of 6-8 " for flooding to occur.
Mayor Faust closed the public hearing at 7:55 p.m.
Councilmember Roth asked if the back yard drainage improvements will take care of the
flooding problems.
City Engineer Hubmer replied in the affirmative and stated that water will still have the potential
to pond but it will leave the area quickly after a storm event. He indicated the assessment for
the back yard drainage improvements will be approximately $700 per homeowner.
Councilmember Stille requested confirmation that homeowners may still have to do some
grading following the drainage improvements.
City Engineer Hubmer replied that this was correct.
Motion by Councilmember Roth , seconded by Council member Jenson , to approve Resolution
12-027 ; Ordering Improvements for the 2012 Street & Utility Improvements.
Motion carried unanimously.
B . Resolution 12-028; Adopt and Confirm Assessments for the 2012 Street & Utility
Improvements.
Motion by Council member Roth , seconded by Councilmember Gray, to approve Resolution 12-
028; Adopting and Confirming Assessments for the 2012 Street & Utility Improvements .
Motion carried unanimously.
43 VI. REPORTS FROM COMMISSION AND STAFF
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45 None.
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City Council Regular Meeting Minutes
February 28, 2012
Page 6
VII. GENERAL BUSINESS OF COUNCIL.
A. Resolution 12-029; Awarding a Bid for the 2012 Street & Utility Improvements.
City Engineer Hubmer explained that the City received 13 bids for the 2012 street and utility
improvement project and Kuechle Underground, Inc. was the lowest responsible bidder. He
added the bid was within the estimate of the City Engineer.
Motion by Councilmember Jenson , seconded by Council member Stille, to approve Resolution
12-029; Awarding a Bid for the 2012 Street & Utility Improvements.
Motion carried unanimously.
B. Resolution 12-030; Awarding a Bid for the Macalaster Drive Sanitary Sewer Pipe
Bursting Project.
City Engineer Hubmer presented the quotes for the sanitary sewer pipe bursting project and
advised that Minger Constmction, Inc. was the lowest responsible bidder in the amount of
$98,242.61.
Motion by Councilmember Gray, seconded by Councilmember Roth, to approve Resolution 12-
030; Awarding a Bid for the Macalaster Drive Sanitary Sewer Pipe Bursting Project.
Motion carried unanimously.
C. Resolution [2-031; Providing for the Sale of $9,595,000 General Obligation Bonds,
Series 2012A. Stacie Kvilvang, Ehlers & Associates, presenting .
Stacie K vilvang, Ehlers & Associates, introduced her colleague, Shelly Eldridge. She presented
the pre-sale report for General Obligation bonds in the amount of $9,595 ,000 and explained this
bond issue includes refunding the City 's 2003 HRA Lease Revenue Bonds, refunding the City 'S
2006A and 2007 A bonds , and new money for the City's 2012 road construction project. She
noted the terms of the three refundings will stay the same and the terms are not being extended.
She reviewed the purposes and funding sources for the bonds and explained the interest rate
savings after cost of issuance of the bonds. She stated the sale of the bonds will occur March 27,
2012 , with the proceeds to the City by April 25 th She pointed out that on an annual basis, the
City will save approximately $50,000 in interest starting in 2013.
Councilmember Stille asked if interest savings are passed on to homeowners through the
assessment process.
Ms. K vilvang replied that interest savings do not go back to individual homeowners; rather,
interest savings go back to the City to lower its tax levy requirement.
Motion by Councilmember Roth , seconded by Councilmember Stille, to approve Resolution 12-
031; Providing for the Sale of $9,595,000 General Obligation Bonds, Series 20l2A.
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City Council Regular Meeting Minutes
February 28, 2012
Page 7
Motion carried unanimously.
D . Resolution 12-032; Approve A Request to Keep No More Than Five Female Chickens in
an R-I Zoning District at 3008 29'h Avenue NE. Mark Casey, City Manager, presenting.
City Manager Casey advised that the City staff received a request from the Cutler family to
house five chickens on their property and the City Ordinance permits this with City Council
approval.
Mr. John Cutler, 3008 29'h Avenue NE, appeared before the City Council and stated that five
chickens was the maximum number allowed by the City.
Motion by Councilmember Jenson , seconded by Councilmember Roth , to approve Resolution
12-032 ; Approving A Request to Keep No More Than Five Female Chickens in an R-I Zoning
District at 3008 29'h Avenue NE.
Councilmember Stille stated the City Council should review the Ordinance to determine if a
maximum of five chickens is the right number in all situations.
Mayor Faust requested that the City Manager review the Ordinance and provide a
recommendation to the City Council regarding the maximum number of female chickens
allowed.
Motion carried unanimously.
E . Northwest Youth & Family Services. Jerry Hromtka presenting.
Jerry Hromtka, Northwest Youth & Family Services (NYFS), presented an update to the City
and expressed thanks to the City for its support. He reviewed the three main program areas for
NYFS including mental health , youth development, and day treatment. He advised that the
youth development program provides assistance to kids going through adolescence and includes
a lot of work with social skills and academics. He stated the primary population served is 5-21
year olds and they continue to offer seniors and kids programs with the main goal of the senior
program to help seniors live independently. He stated the NYFS programs seek to help kids
learn and be successful in learning, to help kids contribute to an effective workforce, and to help
kids think about their employment in the future. He provided a service summary for 2010-2011
and noted that a lot of children received mental health services in school during 20 11; in
addition , the youth employment figure of zero in 2011 reflects the closure of "Penny Pinchers"
thrift store. He stated the youth development model is being retooled to focus on opportunity
gaps and how NYFS can respond to those gaps. He advised that NYFS had a balanced budget at
year-end and NYFS is committed to efficiently administering its program dollars. He discussed
current challenges in the changing community and economy and stated that NYFS will offer
more mentoring type services and will be working with Land O 'Lakes employees to come after
school and do some mentoring with the kids as well as job shadowing. He indicated that NYFS
City Council Regular Meeting Minutes
February 28,2012
Page 8
I was recently approached by White Bear Lake Community Counseling Center regarding NYFS'
2 interest in merging with them. He reiterated his thanks to the City for its ongoing support.
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4 Mayor Faust stated that the City started a summer survival school for 3,d graders last year and
5 suggested that the City could work with NYFS on this type of program. He expressed thanks to
6 Mr. Hromtka and NYFS for its service to the community.
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8 Mr. Hromtka stated that the NYFS annual leadership lunch is scheduled for May 2nd and further
9 information is on the NYFS website at www.nyfs.org.
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II VIII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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13 City Manager Casey -No report.
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15 Councilmember Jenson reported that as liaison to the community service center, they will be
16 holding their first meeting for 2012 on Thursday, March I st. He also reported that the City of St.
17 Anthony Orchestra will hold a concert on March II th at 3:00 p .m. in the Community Center.
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19 Councilmember Roth reported on his attendance at the February 27th Sister City meeting.
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21 Councilmember Stille reported on his attendance at the February 21 st Planning Commission
22 meeting.
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Council member Gray -No report.
Mayor Faust reported on his attendance at the following:
• February 16th conference call with Congressman Keith Ellison regarding the pending
transportation bill in Washington, D.C.
• February 21 st Chamber of Commerce monthly meeting which included an update from
Ramsey County Commissioner Jan Parker regarding the Vikings stadium.
• February 23,d lunch with Congressman Keith Ellison and four other Mayors. He
indicated that phasing of projects was discussed and it was expressed to Congressman
Ellison that it would be helpful if Federal funding for bigger projects could be phased.
• February 28 th MWMO Board meeting.
• February 28 th meeting with University of Minnesota GreenStep students that was initiated
by City Manager Casey. He explained that five students and a teacher's assistant will be
conducting a sustainability study and will provide feedback to the City sometime in May.
COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
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City Council Regular Meeting Minutes
February 28, 2012
Page 9
x. INFORMATION AND ANNOUNCEMENTS.
None
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:47 p.m.
Respectfully submitted,
Barbara Hughes
(TimeSaver OjJSite Secretarial, Inc.)