HomeMy WebLinkAboutCC MINUTES 05272014I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MAY 27, 2014
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5 CALL TO ORDER.
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7 Mayor Faust called the meeting to order at 7:00 p.m.
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9 PLEDGE OF ALLEGIANCE.
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11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
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13 ROLL CALL.
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15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mark Casey
18 Guests: Planning Commissioner Dan Bartel, Stacie Kvilvang (Ehlers & Associates), Jan
19 Fillmore (SALO Park Concert Series), Cor Wilson (NSCC), Ms. Ann Tees,
20 (SuperValu) and Tony Mendoza (Comcast Counsel)
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22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
23 ITEMS.
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25 1. APPROVAL OF MAY 27, 2014 CITY COUNCIL MEETING AGENDA.
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27 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
28 Council Meeting Agenda of May 27, 2014.
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30 Motion carried unanimously.
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32 11. PROCLAMATIONS AND RECOGNITIONS.
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34 A. Salo Park Concert Series
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36 Ms. Jan Fillmore announced the free Thursday evening Salo Park Concert Series that will be
37 held from June 12 to August 14, 2014 7:00 — 8:00 p.m. at the Amphitheater located on 39h
38 Avenue NE between Silver Lake Road and Stinson Boulevard. In case of inclement weather, the
39 June 12, 19, and 26 concerts will be held at Nativity Lutheran Church, 3312 Silver Lake Road;
40 for all others the backup venue is the St. Anthony Community Center, 3301 Silver Lake Road.
41 Ms. Fillmore thanked the 2014 sponsors for their support. She asked others in the community to
42 help with their support for the 2014 concert series.
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44 Mayor Faust complimented Ms. Fillmore on her being able to secure the sponsors and also the
45 variety of concerts planned for 2014.
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47 111. CONSENT AGENDA.
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49 A. Consider May 13, 2014, Council meeting minutes;
City Council Regular Meeting Minutes
May 27, 2014
Page 2
I B. Consider licenses and permits;
2 C. Consider payment of claims;
3 D. Consider Resolution 14-034; Confirming the Extension of Limited Clean Up and
4 Property Damage Protection for Sewer Back Ups and Water Main Breaks for Water and
5 Sewer Customers;
6 E. Consider Resolution 14-035, Regarding Renewal of Municipal Insurance Coverage and
7 the Waiver of Tort Liability Limits for the League of Minnesota Cities Insurance Trust;
8 a
9 F. Consider Resolution 14-036; Approving the Continued Participation in the Ramsey
10 County Law Enforcement Agency Multi -Jurisdiction Mutual Aid Agreement for the St.
11 Anthony Police Department.
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13 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
14 Agenda items.
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16 Motion carried unanimously.
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18 IV. PUBLIC HEARING - NONE.
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20 V. REPORTS FROM COMMISSION AND STAFF.
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22 A. Resolution 14-037; Approving a Conditional Use Permit (CUP) to Allow a Drive -
23 Through Window on the south side of the Existing Cub Foods Store to Serve the In -
24 House Pharmacy on the Property located at 3930 Silver Lake Road. Dan Bartel, Planning
25 Commissioner will be presenting.
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27 Planning Commissioner Dan Bartel presented the Conditional Use Permit (CUP) request for a
28 drive-through window on the south side of the existing Cub Food Stores to serve the in-house
29 pharmacy. The Planning Commission held a public hearing on the request on Monday, May 19,
30 2014. The Planning Commission recommended approval of the request with a vote of 5-1.
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32 Planning Commissioner Bartel reviewed:
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34 Parking — There are currently 563 stalls striped as part of the Cub Foods development. 23 spaces
35 are currently located along the south side of the existing store. There are an additional 25 partial
36 spaces located along the property boundary of the site that are shared with the retail businesses in
37 the building further to the south. With the construction of the proposed drive-through lane, 16 of
38 these 23 parking spaces will be eliminated, which results in 7 parking spaces along the south side
39 of the building for a total of 548 full parking spaces available on-site. Staff has calculated the
40 partial parking spaces along the property boundary at a rate of .5 per space that adds an
41 additional 8 spaces (for a grand total of 556 spaces).
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43 Vehicular Circulation — The traffic pattern proposed is set up to have the cars heading west
44 through the existing parking lot on the south side of the Cub Foods Store turn into the drive -
45 through (heading north, then east) from the parking lot.
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City Council Regular Meeting Minutes
May 27, 2014
Page 3
Pedestrian Circulation — The Applicant is proposing to remove the sidewalk bump out location
along the southeastern portion of the Cub Foods Store to make room for the proposed drive-
through lane. With the construction of the island adjacent to the drive-through lane, a sidewalk
connection will be required to tie into the existing pedestrian crossings and sidewalks to the
building to the south. Pavement marking will also be required in this location.
Landscaping — Currently the south side of the Cub Foods Store building is designated to front-
end parking adjacent to a landscaped green space area. The Applicant is proposing to plant a
total of four trees and a number of shrubs adjacent to the building and within the proposed
parking lot islands.
Hours of Operation — The Applicant has indicated that the drive-through window will be open
from 9 a.m. to 9 p.m. Monday through Friday and from 9am to 6pm on Saturday and Sunday.
An intercom system will be utilized in association with the drive-through window and will
comply with the Board of Pharmacy requirements associated with privacy compliance.
Lighting — 3-4 recessed flat lenses under the overhanging canopy above the drive-through
window will be installed. These light fixtures will be downward casting consistent with City
Code.
Signage — Signage is proposed to be placed on the new drive-through window canopy. The total
proposed sign area as part of this proposal is 115.69 square feet and will read "Cub Pharmacy
Drive-Thru". Additional signage will be added to the east wall of the Cub Foods building to read
"Cub Pharmacy" and "Pharmacy Drive-thru" totaling 109.77 square feet and 41.75 square feet
respectively.
Canopy — A new canopy will be constructed to cover the drive-through window. Overall
dimensions would be approximately 10 feet tall by 30 feet long and would protrude from the
building by approximately 5 feet. The canopy will be 10 feet above the driveway surface.
Planning Commissioner Bartel summarized the case drive-through facilities are a permitted
conditional use within the C -Commercial Zoning District. The addition of a drive-through
facility associated with the existing in-house pharmacy is an added amenity to the community
and is a convenience to customers of Cub Foods. Given the proposed location of the drive-
through window along the south side of the building, staff anticipates little if any noise
disturbance to surrounding residential areas. Traffic patterns will remain very similar to existing
conditions and the Applicant has provided adequate sight lines and signage to maintain
pedestrian and vehicular circulation on site. Enhancements as outlined in the "conditions"
portion of this report and the proposed resolution will also ensure pedestrian safety is maintained
through sidewalk connections and pavement markings.
Councilmember Jenson asked for a diagram showing the traffic flow. Mr. Bartel used a drawing
to review the traffic flow.
Mayor Faust stated he visited the site and the traffic flow should work. The 15 spaces would be
ample.
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City Council Regular Meeting Minutes
May 27, 2014
Page 4
Councilmember Stille asked why there was one vote against the CUP. Mr. Bartel stated the
Commissioner had concerns about the impact of the parking to the businesses to the south. He
wanted to continue the discussion prior to the vote.
Ms. Ann Tees, SuperValu, stated she is here with two other representatives of SuperValu. She
said Commissioner Bartel did a fine job of describing the discussion from the Planning
Commission Meeting. She noted the employees of Cub would park elsewhere to avoid taking
parking spaces.
Planning Commissioner Bartel reviewed the Recommended Actions:
1. Request Additional Information and Continue the Meeting. The Applicant appears to
have provided enough information for the City Council to make a decision to approve or
deny the request. Should the City Council request additional information from the
Applicant, the City Council should continue the meeting until a later time
2. Approval (with or without conditions) of the Conditional Use Permit (CUP). In the event
of a decision to approve (with or without conditions) the Applicant's request, the City
Council may refer to Exhibit C and may modify the draft resolution for approval to
include any conditions that it deems necessary.
3. Denial of the Conditional Use Permit (CUP). In the event the City Council chooses
denial of the requested conditional use permit, it should clearly state its reasons for the
denial and direct staff to prepare a resolution to be brought back to the next meeting.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to adopt Resolution 14-
037; a Resolution Approving a Conditional Use Permit (CUP) to Allow a Drive -Through
Window on the south side of the Existing Cub Foods Store to Serve the In -House Pharmacy on
the Property located at 3930 Silver Lake Road.
Motion carried unanimously.
VI. GENERAL BUSINESS OF COUNCIL.
Mayor Faust recused himself from the meeting at 7:20 p.m. due to his financial interest in Comcast
Mayor Pro Tem Roth will preside.
A. Resolution 14-038; For the Preliminary Assessment that the Comcast of Minnesota, Inc.
Cable Franchise Renewal Should Not/Should be Renewed. Cor Wilson, North Suburban
Communications Commission will be presenting.
Ms. Cor Wilson, Executive Director, North Suburban Communications Commission, reviewed
the resolution with the Council and indicated the purpose of this supplemental staff report is to
provide the staffs analysis of the formal franchise renewal proposal and exhibits submitted by
Comcast on December 20, 2013, and the extent to which the proposal meets the needs identified
in the Staff Report and Request for Renewal Proposal (RFRP), which was issued by the North
Suburban Communications Commission (NSCC), on July 29, 2013. The supplemental staff
report will address the top four issues for renewed franchises with the ten member cities:
El
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City Council Regular Meeting Minutes
May 27, 2014
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1. The continued offering of the fiber -based Institutional Network (I -Net) which connects
local government institutions within the ten member cities, including municipal facilities,
Ramsey County facilities, and several schools at no charge to the users;
2. Funding for Public, Educational and Government (PEG) communications in the ten
member cities, and channel capacity for transmission of the eight PEG channels in both
SD and HD;
3. Comcast's past customer service performance;
4. Two of the issues from the report prepared by Mr. Andrew Elson of E -Consulting Group
(Exhibit 2 of the Comcast proposal).
Ms. Wilson stated the formal franchise renewal proposal is before the Council for consideration
this evening. The public hearing was held and closed on May 1, 2014. When an audit was done,
many electrical violations were discovered. There is no upgrade of the cable network proposed
at this time. The proposal shows a reduction in SD channels from 8 to 3 and one HD channel.
HD is the new standard. The proposal did not address channel 16 as it is only seen in the
immediate cities. Ms. Wilson stated there are a number of gaps in the proposal.
Councilmember Jenson asked what a typical resident would receive and what the cost would be.
Ms. Wilson stated the PEG fee is $4.15 and paid by subscribers. This fee is based on the size
and needs of the community. The proposal is for 44 cent PEG fee. They do not have a lot of
authority for rate regulation. The cost could be shifted to other fees. If the PEG fee is reduced,
CTV would most likely go out of business. Federal law does not require Comcast to pay an
operating grant to provide services for CTV. The Commission is requesting that the Council
preliminarily deny adoption of Resolution 14-038. Comcast may come back with another
informal proposal or they can request a hearing before an administrative law judge.
Mayor Pro Tem Roth asked what has been proposed to CTV. Ms. Wilson stated $1.3 million
was proposed in year 1. The PEG fee would be $3.00 by year 3. The City supports the North
Suburban Communications Commission. Mayor Pro Tem Roth asked if the City's contribution
in the future would go up. Ms. Wilson stated the Commission would need to operate on less
funding. City costs could increase for web streaming and the video operator at City meetings.
The franchise fees are paid by the City and that rate is set by Federal law.
Mr. Tony Mendoza, Comcast Outside Counsel, stated Comcast has invested millions within the
City of St. Anthony. He reviewed the benefits provided to the North Suburban Communications
Commission. The renewal of the franchise is very important to Comcast. The proposal was
submitted in December. The NSCC did not vote on it until April. He stated the City does not
have the basis to deny the proposal since they have not had the opportunity to review the
proposal and information provided. Tonight's denial of that formal proposal will take Comcast
to the next step in the process, which would be litigation. The NSCC requested the formal
proposal from Comcast in July 2013. Mr. Mendoza reviewed the RFP received from the NSCC
and its requirements. Comcast's formal proposal addressed these requirements. There are only
four criteria that allow the City to deny a formal proposal. Mr. Mendoza stated there is no basis
to deny Comcast formal proposal because none of the four criteria can be answered yes.
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City Council Regular Meeting Minutes
May 27, 2014
Page 6
Mayor Pro Tem Roth asked whether, in the current contract, Comcast is supposed to be
providing free cable to all City facilities. Mr. Mendoza stated there is a list of those facilities
requesting a feed and they are receiving it. Mayor Pro Tem Roth stated only one of the two City
liquor stores in the City have free cable. Mr. Mendoza stated he would need to check to see why
that facility is not receiving cable. Mayor Pro Tem Roth stated why the City should believe they
will meet the proposal.
Mayor Pro Tem Roth stated it seems drastic to go from $4.15 to 44 cents. Mr. Mendoza stated
that proposal is based on the capital spending of the NSCC. Mayor Pro Tem Roth asked if
Comcast is capable of spinning off Minnesota without disruption to homes. Mayor Pro Tem
Roth asked for the number of residents subscribing to Comcast and also the number of residents
who receive the free eight channels. Mr. Mendoza will report that number back to Council.
Mayor Pro Tem Roth asked if this is preliminarily denied tonight, where does that put us. Mr.
Mendoza stated if Council votes to preliminarily deny the proposal, then litigation would go
forward. If this is approved, the proposal would be in place.
Mayor Pro Tem Roth asked Ms. Wilson how much is spent on lawyers and consultants. Ms.
Wilson stated over three years, maybe $200,000. That cost came out of their reserves. The
NSCC offered to suspend the formal process last fall and again in April.
Councilmember Gray stated he is the representative on the Commission. He stated the Comcast
proposal is take away, take away, and this is one step in the negotiation. He does not think it is a
good idea to negotiate this tonight. The negotiating team is negotiating on behalf of the ten cities
and he would recommend to preliminarily deny the proposal. St. Anthony is the first City to
vote.
Councilmember Stille stated the residents need to understand the Council has discussed this in
work sessions.
Councilmember Gray stated we need to look at different ways of funding NSCC.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 14-
038; a Resolution for the Preliminary Assessment that the Comcast of Minnesota, Inc. Cable
Franchise Renewal should not be Renewed.
Motion carried 4-0-1 (Faust abstained),
Mayor Faust returned to the meeting at 8:15 p.m. and presided over the remainder of the
meeting.
B. Resolution 14-039: Providing for the Sale of $3,750,000 General Obligation Tax
Increment Revenue Refunding Bonds, Series 2014B. Stacie Kvilvang, Ehlers &
Associates will be presenting.
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City Council Regular Meeting Minutes
May 27, 2014
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Stacie Kvilvang, Ehlers & Associates, reviewed the resolution with the Council and indicated
that the proposed issue is $3,750,000 General Obligation Tax Increment Revenue Refunding
Bonds, Series 2014B.
The proposed issue includes financing for the following purpose:
To refinance the Housing and Redevelopment Authority of the City of St. Anthony's $4,640,000
Tax Increment Revenue Bonds (Silver Lake Village Phase IA Housing), Series 2007.
The City is utilizing the existing debt service reserve fund of $379,750 to buy down a portion of
the existing Bonds. Debt service will be paid from tax increment revenues generated from the
for -sale condominiums within TIF District 3-5.
Interest rates on the obligations proposed to be refunded are .25% to 3.35%. The refunding is
expected to reduce interest expense by approximately $1.1 million over the next 17 years. The
Net Present Value Benefit of the refunding is estimated to be approximately $902,000 equal to
22.30% of the refunded principal.
This refunding is considered to be a Current Refunding as the obligations being refunded are
either callable (pre -payable) now, or will be within 90 days of the date of issue of the new
Bonds.
Councilmember Stille asked Ms. Kvilvang to explain this for the residents. She noted there is no
impact to the tax payers. Interest rates would be reduced.
Councilmember Roth asked if these bonds went into default and the Council did not take any
action, would the default be the City and the HRA.
Mayor Faust stated there are four sources for funding with three performing and one under-
performing.
Councilmember Stille stated there is a certain amount of reputational risk in this. He felt this
purchase was necessary and Council should move forward.
Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 14-
039; a Resolution Providing for the Sale of $3,750,000 General Obligation Tax Increment
Revenue Refunding Bonds, Series 2014B.
Motion carried unanimously.
C. Resolution 14-040; Providing for the Sale of $1,330,000 General Obligation Refunding
Bonds, Series 2014C. Stacie Kvilvang, Ehlers & Associates will be presenting.
Stacie Kvilvang, Ehlers & Associates, reviewed the resolution with the Council and indicated
that the proposed issue is $1,330,000 General Obligation Refunding Bonds, Series 2014C.
City Council Regular Meeting Minutes
May 27, 2014
Page 8
The proposed issue is an advance refinancing of the City's $1,910,000 General Obligation Street
Reconstruction Bonds, Series 2008A.
Debt service will be paid from ad valorem property taxes. Interest rates on the obligations
proposed to be refunded are .35% to 2.4%. The refunding is expected to reduce interest expense
by approximately $92,000 over the next 10 years. The Net Present Value Benefit of the
refunding is estimated to be $85,000 equal to 6.641% of the refunded principal.
9 This refunding is consider an Advance Refunding as the new Bonds will be issued more than 90
10 days prior to the call date of the obligations being refunded.
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12 Councilmember Gray stated these could not be refinanced before now. Ms. Kvilvang stated it
13 beneficial to do it now rather than February 2015.
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15 Motion by Councilmember Roth, seconded by Councilmember Jenson, to adopt Resolution 14-
16 040; a Resolution Providing for the Sale of $1,330,000 General Obligation Refunding Bonds,
17 Series 2014C.
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19 Motion carried unanimously.
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21 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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23 City Manager Casey — no report
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25 Councilmember Stille - no report.
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27 Councilmember Gray - no report.
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29 Councilmember Jenson — no report
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31 Mayor Faust reported on his attendance at the following events:
32 • May 20, 2014 — Chamber of Commerce Meeting and provided an update on the City.
33 • May 23, 2014 — Drive -about photo shoot for the League on the collaboration as a
34 community of St. Anthony.
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36 VIII. COMMUNITY FORUM.
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38 Mayor Faust invited residents to come forward at this time and address the Council on items that
39 are not on the regular agenda.
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41 Hearing none, Mayor Faust moved forward with the agenda.
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43 IX. INFORMATION AND ANNOUNCEMENTS
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45 Mayor Faust encouraged residents to attend the SALO Concert Series.
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City Council Regular Meeting Minutes
May 27, 2014
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X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:35 p.m.
Respectfully submitted,
Debbie Wolfe
TimeSaver Off Site Secretarial, Inc.
1�i I Vii. I
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City Clerk �j
Mayor