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HomeMy WebLinkAboutCC MINUTES 11132012I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 13,2012 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Counci l and audience to join him in the Pledge of Allegiance. ROLLCALL. Present: Absent: Mayor Faust; Council members Gray, Jenson , Roth , and Stille. None Also Present: City Manager Mark Casey CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF NOVEMBER 13,2012 CITY COUNCIL MEETING AGENDA. Motion by COllncilmember Gray, seconded by COllncilmember Jenson, to approve the City Council Meeting Agenda of November 13 ,2012. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS. None. III. CONSENT AGENDA. A. Consider October 23, 2012, Council meeting minutes; B. Consider licenses and permits; C. Consider payment of claims; Motion by Councilmember Gray, seconded by Councilmember Jenson , to approve the Consent Agenda items. Motion carried unanimously. IV. PUBLIC HEARING. A. Ordinance 2012-11; An Ordinance Amending SI. Anthony City Code Section 152 Regarding Assemblies. Mark Casey, City Manager, presenting . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes November 13,2012 Page 2 Mayor Faust opened the public hearing at 7:02 p.m. City Manager Casey explained on March 13, 2012 , the St. Anthony Village City Council passed a moratorium on the is s uance of Conditional Use Permits for Assemblies, Meeting Lodges or Convention Halls in order to give staff time to prepare a study regarding the intent and regulation of these uses within the Light Industrial and Commercial Districts. The need for the study arose from two recent applications for religious assembly in the Light Industrial Zoning District. These applications were a concern to the City Council from a land-use perspective . The City Council has stated its belief that the intent of the assembly use in the Commercial and Light Industrial Zoning Districts is for secular purposes, not religious. City Manager Casey indicated that in May 2012 , staff prepared "A Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Assemblies, Meeting Lodges and Convention Halls. At its Special Session on June 4 , 2012, the St. Anthony Village Planning Commission recommended adoption of the study. Specifically, the Planning Commission recommended to the City Council to adopt what was identified in the study as "Option 3." "Option 3" allows all assembly use (both religious and non-religious) within the Commercial Zoning District and eliminates all assembly use (both religious and non-religious) from the Light Industrial Zoning District. The intent of "Option 3" is to provide an alternative to those seeking places for assembly within the C ity and to tre at assemblies equally within all zoning districts. "Option 3" will also preserve the Light Industrial Zoning District as an area of the C it y developed s pecifically to industry-oriented development and economic growth. City Manager Casey reviewed that the City Council unanimously adopted the study and endorsed "Option 3 " at its June 12,2012, meeting. Ordinance language was then drafted by staff, and brought back for a discussion before the Planning Commission at its regular meeting on July 17 ,2012. A final draft ordinance was created and sent to the City's attorney for review and comment. Since that time, staff has worked with the City'S attorney to develop the proposed changes, which were reviewed by the Planning Commission for a final time at a Special Work Session Meeting on October 22,2012. This meeting will be used to review and consider the proposed changes as outlined , for adoption into the Zoning Code. City Manager Casey reviewed the areas within the City Code where changes are needed to implement "Option 3." The revised definition and changes to the City Code are intended to show that there is a clear intent for various land uses allowed in residential, commercial and industrial districts. By removing assemblies from the Light Industrial District and allowing all assemblies (secular and religious) in the Commercial District , the City Code should also be in compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). Staff has consulted with the City Attorney on the proposed changes , and has concluded that they are consistent with the direction provided by the Planning Commission, City Council , and with federal law. There being no public input , Mayor Faust closed the public hearing at 7:05 p.m. Councilmember Stille asked if there have been any modifications since the last review. City Manager Casey stated there have been no modifications. City Council Regular Meeting Minutes November 13 ,2012 I 2 3 4 5 6 7 8 9 10 Page 3 11 V. 12 13 14 15 VI. 16 17 18 19 20 21 Mayor Faust stated the Planning Commission recommendation and prior Council review is consistent with moving forward with this Ordinance. Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Ordinance 2012-11; An Ordinance Amending Saint Anthony Village C ity Code Section 152 Relating to the R egulation of Assemblies, Meeting Lodges and Convention Halls. Motion carried unanimously. REPORTS FROM COMMISSION AND STAFF. None. GENERAL BUSINESS OF COUNCIL. A. Ordinance 2012-12; An Ordinance Terminating Moratorium on the Iss uance of Conditional Use Permits for Assemblies. Meeting Lodges, or Convention Halls within Commercial and Light Industrial Zoning Districts. Mark Casey, City Manager, present ing . 22 C ity Manager Casey explained at the March 13 ,2012, meeting, the C ity Council adopted 23 Ordinance 2012 -03 ; Iss uing a Moratorium on the issuance of conditional use permits for 24 assemblies , meet ing lodges , or convention halls within Commercial and Light Industrial Zoning 25 Districts. This moratorium was for the purpo se of protecting the pl anning process while the C ity 26 conducted a study for the purpose of considering amendments to the Zoning Code with respect to 27 . the regulation of assemblies, meeting lodges, and convention halls . City Manager Casey 28 presented Ordinance 2012-12 to terminate th e moratorium on the issuance of conditional use 29 permits for assemblies, meeting lodges or convention halls within Commercial and Light 30 Industrial Zoning Districts . 31 32 Co uncilmember Stille asked how long the moratorium could be left in place if de s ired . City 33 Manager Casey stated it could be in effect for one year with a possible six-month extension. 34 35 Mayor Faust stated both of the se Ordinances will be in effect on the dates the y are published . 36 37 Council member Jenson asked if the passing Ordinance 2012-11 followed by moratorium 38 Ordinance 2012-12 is the proper procedures. C ity Manager Casey answered in the affirmative. 39 40 Mayor Faust noted the passing of the se ordinances does not prevent others from taking furth er 41 action. 42 43 Motion by Councilmember Stille, seconded by Co uncilmembe r Gray, to approve Ordinance 44 2012-12; An Ordinance Terminating Moratorium on the Issuance of Conditi o nal Use Permits for 45 Assemblies, Meeting Lodges, or Conventional Halls within Commerc ial and Light Industri a l 46 Zonin g Districts. I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 2 2 2 3 24 2 5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes November 13,2012 Page 4 Motion carried unanimously. B. Resolution 12-085; Providing for the Sale of$1,500.000 General Obligation Water and Sewer Refunding Bonds. Series 2013 A. Stacie Kvilvang, Ehlers & Associates. presenting. This agenda item was considered following Item VII., Reports from City Manager and Council Members. VII. C. Ordinance 2012-09; An Ordinance Amending Section 31.12; Mayor and Council members' Salaries (Final Readingl . Mark Casey. City Manager. presenting. City Manager Casey presented the final reading of Ordinance 2012-09 to amend Section 31.12 Mayor and Councilmembers Salaries. He stated this ordinance amendment would increase the monthly salary for the Mayor and Councilmembers by $50.00. To comply with Minnesota State Law, this ordinance will take effect January 1,2014. For historical purposes, the last time this ordinance was amended was six years ago. Motion by Council member Gray, seconded by Councilmember Jenson , to approve Ordinance 2012-09 ; An Ordinance Amending Section 31.12; Mayor and Councilmembers Salaries. Motion carried unanimously. D . Ordinance 2012-10; An Ordinance Amending Chapter 33 and Chapter 52 Regarding Utility Billing Procedures (Second Reading). Mark Casey. City Manager. presenting. City Manager Casey presented the second reading of the Ordinance amendment for Chapter 33 and Chapter 52 regarding Utility procedures. It was noted that during first reading, there wasn 't any adjustments made to the ordinance by the City Council. Staff is suggesting a few changes as indicated in the provided copy. Mayor Faust stated by allowing rates to be adjusted by resolution it does not need to be published in the newspaper. It allows for a quicker process and cost reduction . Motion by Councilmember Stille, seconded by Councilmember Roth , to approve Second Reading of Ordinance 2012-10; Ordinance Amending Chapter 33 and Chapter 52 Regarding Utility Billing Procedures. Motion carried unanimously. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey reported that the Public Works Department has received an award for optimum level for oral health for six consecutive months from the MN Department of Health. Water Fluoridation Quality Award from the State of Minnesota. I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes November 13, 2012 Page 5 VI. Councilmember Gray -No report. Councilmember Jenson reported on his attendance at the St. Anthony Halloween party. He also participated in the sustainable living conference and volunteered with the Kiwanis for bag stuffing for the middle school students. Councilmember Roth stated he participated in the s ustainability living conference as well and thanked the residents who also participated. Council member Stille stated on October 30 a joint meeting was held with the School Board. There was also a work session with two agenda items consisting of cost reimbursements and a recap of the Planning Commission . Mayor Faust reported on his attendance at the following: • Mississippi Water Management Organization building tour. • Council attended the joint meeting with the School Board . • Sustainability Living Conference. • Ramsey County Board Meeting. • Hennepin County Assessor Meeting to discuss annual assessment. • Final meeting for Mississippi Water Management Board. GENERAL BUSINESS OF COUNCIL -continued. B. Resolution 12-085; Providing for the Sale of $ 1,500.000 General Obligation Water and Sewer Refunding Bonds. Series 2013 A. Stacie Kvilvang. Ehlers & Associates. presenting. Ms. Kvilvang explained the City previously authorized the sale of$I,500,000 in General Obligation Water and Sewer Refunding Bonds. The terms are not being extended and the savings are 14%. She explained the bonds will not count toward bank qualification for 2013. The City is rated AA by Standard and Poors and the bond sale will be held in their office on December II , 2012. Councilmember Stille asked for the current balance . Ms. K vilvang stated $1.450 million is the outstanding balance. Council member Roth asked if Ms. Kvilvang when she expects to see interest rates increase. Ms. Kvilvang stated she does not know but believes they will remain low for another year or so. Mayor Faust stated in 2003 the interest rates were thought to be low but at the present time interest rates are even lower. Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 12- 085 ; Providing for the Sale of$I ,500,000 General Obligation Water and Sewer Refunding Bonds, Series 2013A. I 2 3 4 5 City Council Regular Meeting Minutes November 13 , 2012 Page 6 VIII. COMMUNITY FORUM. Motion carried unanimously. 6 7 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. 8 9 10 II 12 13 IX. INFORMATION AND ANNOUNCEMENTS. Mayor Faust commended staff and election judges on the General Election , as well as the residents for coming out to vote. 14 X. ADJOURNMENT. 15 16 17 18 Mayor Faust adjourned the meeting at 7:35 p.m. 19 Respectfully submitted, 20 Debbie Wolfe 21 TimeSaver Off Site Secretarial, Inc. 22 23 24 ;~ ATTEST: f?JUi2tu@JtU/ 27 City Clerk 28 29