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Folder: CC MINUTES AND AGENDAS 2003
Document: CC MINUTES 01142003
City Council Regular Meeting Minutes
January 14, 2003
Page 1
CITY OF ST. ANTHONY
3 CITY COUNCIL REGULAR MEETING MINUTES
4
5 January 14, 2003
6
7 CALL TO ORDER
8 Mayor Hodson called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11 Mayor Hodson invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14 Present: Mayor Hodson; Councilmembers Horst, and Faust.
15 Absent: Councilmember Sparks and Thuesen.
16 Also Present: City Manager Mike Mornson and City Attorney Jerry Gilligan.
17
18 CONSIDERATION, DISCUSSION,AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
19 ITEMS.
20
21 I. APPROVAL OF JANUARY 14, 2003 CITY COUNCIL MEETING AGENDA.
22 Motion by Councilmember Faust to approve the City Council Meeting Agenda of January 14,
0 2003.
25 Motion carried unanimously.
26
27 II. PROCLAMATIONS AND RECOGNITIONS.
28 None.
29
30 III. COMMUNITY FORUM.
31 Mayor Hodson invited residents to come forward at this time and address the Council on items
32 that are not on the regular agenda.
33
34 Randal Strand, an attorney representing Healthcare Plus Incorporated(2500 New Brighton
35 Boulevard, St Anthony), came forward. He asked the Council to consider amending the City
36 ordinance to allow adult daycare. Mr. Strand noted that daycare for adults is a business in its
37 infancy with only 11,000 Minnesotans using the service,but he feels it's needed. He stated only
38 a few cities have added it to their zoning and is requesting the City of St. Anthony do so as well.
39 Mr. Strand said many steps need to be taken in order for the process to begin such as completing
40 an application,doing a background study, and getting approval from zoning, the fire marshal,
41 and local health department.
42
43 Councilmember Horst asked if the ordinance needs to be changed because there is not a
44 distinction between child and adult daycare. Mr. Strand said the zoning is stated as child daycare
0 and it is not specific to adults.
City Council Regular Meeting Minutes
January 14,2003
Page 2
Councilmember Horst asked City Attorney Gilligan if he saw any problems with including adult
daycares in the ordinance. City Attorney Gilligan stated he did not see a problem, however, size
3 of the facility might be a question to ask.
4
5 Mayor Hodson asked if anything specific should be added to the ordinance. City Attorney
6 Gilligan stated the process should be referred to the Planning Commission since there may be
7 different concerns the City Council is not aware of.
8
9 Councilmember Horst asked if there are State-regulated guidelines specific to adult daycare.
10 Mr. Strand responded there are many requirements. He noted that one important requirement is
11 to have 40 square feet of space per person, which includes staff.
12
13 Mr. Strand stated that 60%of adult daycare facilities are home based, however, his client is not
14 requesting a home based facility.
15
16 Hearing no further comments, Mayor Hodson moved forward with the agenda.
17
18 IV. CONSENT AGENDA.
19
20 1. Consider December 9. 2003 Council meeting minutes.
21 2. Consider licenses and permits -None.
22 3. Consider payment of claims.
4. Set date for Board of Review.
0 5. Resolutions 03-001 —03-010(Housekeeping_resolutions).
25 6. Resolution 03-011. re: Approve amendment to Flexible Benefit Plan.
26
27 Councilmember Horst requested the removal of Consent Agenda Item 1.
28
29 Motion by Councilmember Horst to approve the Consent Agenda with the removal of Item 1.
30
31 Motion carried unanimously.
32
33 1. Consider December 9. 2003 Council meeting minutes.
34
35 Councilmember Horst requested a correction to page 3 of the December 9, 2002 City Council
36 meeting minutes from Mayor Horst to Mayor Hodson.
37
38 Motion by Councilmember Horst to approve Item 1, December 9, 2002 Council meeting
39 minutes, as amended.
40
41 Motion carried unanimously.
42
43 V. PUBLIC HEARINGS.
44 None.
46 VI. REPORTS FROM COMMISSIONS AND STAFF.
47- A. Update on the December 17, 2002 Planning Commission meeting.
City Council Regular Meeting Minutes
January 14, 2003
Page 3
1. Resolution 03-012 re: Side and rear yard variance reguests for 2611-30`h Avenue NE
3 (Bill Bauske).
4 Mayor Hodson welcomed Planning Commissioner Todd Hanson to the meeting.
5
6 Planning Commissioner Hanson presented the request of Bill Bauske, 2611-30`h Avenue,
7 for a side and rear yard variance of 11 feet from the side yard property line for a non-
8 window mounted air conditioning unit. Planning Commissioner Hanson stated that
9 according to City ordinance non-window mounted air conditioning units must be at least
10 15 feet from any property line. However, there is only four feet available between Mr.
11 Bauske's house and the property line. He stated the Planning Commission did approve
12 the variance with a few modifications.
13
14 Mr. Bauske came forward to give background information and answer questions. He
15 stated his family moved into the home ten years ago. He decided to get central air after
16 he put new windows in this fall. He stated he initially wanted to put the unit next to the
17 basement window where the furnace was, but he agrees with the Planning Commission
18 that it wouldn't leave much room. Mr. Bauske said he agrees with the suggestion of the
19 Planning Commission to put it in the Northeast corner. He stated his back yard is very
20 small, 30 feet by 30 feet.
21
22 Councilmember Horst asked Mr. Bauske if he's requesting a side or back yard variance.
0 Mr. Bauske stated he's requesting a back corner variance.
25 Councilmember Horst asked if Mr. Bauske feels that's an ideal location. Mr. Bauske
26 stated he's comfortable with positioning the unit in the back corner.
27
28 Councilmember Horst asked what the distance was from the house to the property line.
29 Mr. Bauske responded four feet.
30
31 Councilmember Faust asked if Mr. Bauske was comfortable with what the Planning
32 Commission was suggesting. Mr. Bauske stated he was.
33
34 Mayor Hodson stated he wants to encourage residents to come forward and ask for
35 variances in order to build on their properties. He said he wants the Planning
36 Commission and City Council to help with these situations since it's very important to
37 reinvest in the community.
38
39 Mayor Hodson thanked Mr. Bauske for working with the Planning Commission on this
40 issue.
41
42 Motion by Councilmember Faust to adopt Resolution 03-012,re: Side and Rear Yard
43 Variance Requests for 2611-30'h Avenue NE.
44
46 Motion carried unanimously.
City Council Regular Meeting Minutes
January 14, 2003
• Page 4
Planning Commissioner Hanson gave a brief overview of the December 17, 2002
2 Planning Commission meeting.
3
4 Planning Commissioner Hanson stated there was a presentation on a preliminary site plan
5 for Autumn Woods Senior Housing on the 2500 Block of Kenzie Terrace. He said Paul
6 Brewer, President of LaNel Financial Group, showed blueprints of the project. He stated
7 the Planning Commission was impressed with the project.
8
9 Planning Commissioner Hanson stated the Planning Commission also discussed the Pawn
10 Shop/Second Hand Goods Ordinance Amendment. He noted that Chris Smith of Dorsey
11 and Whitney reviewed specific parts of the Ordinance with the Planning Commission.
12 He stated Mr. Smith will be working with City Staff to make changes.
13
14 Councilmember Faust and Mayor Hodson thanked Planning Commissioner Hanson for
15 his work.
16
17 B. Update on the Engineering Report(Todd Hubmer, WSB & Associates).
18
19 1. 2003 Street Project.
20
21 a. Resolution 03-013, re: Declare Cost to be Assessed and Order Preparation
22 of Proposed Assessment for 2003 Street and Utility Improvements.
it Mayor Hodson welcomed Todd Hubmer, WSB & Associates, to the meeting.
25 Mr. Hubmer addressed the Council and presented the 2003 Street Project.
26
27 Mr. Hubmer noted the streets to be reconstructed in 2003 are Edward Street from
28 33'd Avenue Northeast to 34`h Avenue Northeast; 34`" Avenue Northeast from
29 Stinson Boulevard to Silver Lake Road; and Belden Drive from 33'd Avenue
30 Northeast to 34`h Avenue Northeast.
31
32 Mr. Hubmer gave an overview of the funding for the project. He said the
33 anticipated total construction cost is around $1.7 million for the 2003 project. It
34 will be broken down with about $364,000 being assessed to the residents and
35 $1,370,000 being paid by the City. He said this project is proposed to be funded
36 by a$1.7 million public improvement bond.
37
38 Mr. Hubmer stated the project will include street reconstruction, water main costs,
39 storm sewer improvements, and sanitary costs.
40
41 Councilmember Horst asked if this project is done through any State funding.
42 Mr. Hubmer stated it's being done through the public improvement bond process.
43
44 Motion by Councilmember Faust to adopt Resolution 03-013, re: Declare Cost to
be Assessed and Order Preparation of Proposed Assessment for 2003 Street and
Utility Improvements.
47
City Council Regular Meeting Minutes
January 14, 2003
Page 5
•
Motion carried unanimously.
2
3 b. Resolution 03-014, re: Call Hearing on 2003 Street Improvements.
4 Motion by Councilmember Faust to adopt Resolution 03-014, Call Hearing on
5 Proposed Assessments for 2003 Street Improvements.
6
7 Motion carried unanimously.
8
9 C. Resolution 03-015, re: Call Hearing on Proposed Assessment for 2003
10 Street Improvements.
11 Motion by Councilmember Faust to adopt Resolution 03-015, Sanitary Sewer
12 Replacement on South End of City and Trunk Water Main Improvements on
13 Kenzie Terrace.
14
15 Motion carried unanimously.
16
17 Mr. Hubmer stated that upon approval of these resolutions proposed assessments
18 will be mailed out regarding the 2003 Street Improvement Projects. He said any
19 questions can be directed to him.
20
21 2. Resolution 03-016,re: Sanitary sewer replacement on south end of City and trunk
22 water main improvements on Kenzie Terrace.
Mr. Hubmer stated two high priority projects were identified as a result of the Sanitary
9 Sewer Water and Needs Study. He said the first project is construction of a new 10-inch
25 water main loop along Kenzie Terrace South of St. Anthony Boulevard. The new 10-
26 inch water main is anticipated to cost around$430,000. Mr. Hubmer said the second
27 project is the replacement of the trunk Sanitary Sewer main from 27`h Avenue South to
28 the City of Minneapolis. He said the estimated cost of replacing the Sanitary Sewer is
29 $620,000. He noted that they are proposing to bid this project with two alternates, which
30 include an open trench method and pipe bursting technology.
31
32 Councilmember Faust asked if the 10-inch pipe would be big enough for future
33 development. Mr. Hubmer responded yes.
34
35 Mayor Hodson asked Mr. Humber if this project would be adequate in the event of the
36 shopping center being redeveloped. Mr. Hubmer responded yes.
37
38 Motion by Councilmember Horst to adopt Resolution 03-016, Sanitary Sewer
39 Replacement on South End of City and Trunk Water Main Improvements on Kenzie
40 Terrace.
41
42 Motion carried unanimously.
43
44 VII. GENERAL POLICY BUSINESS OF THE COUNCIL.
A. Ordinance 2003-001, re: Liquor licensing 0"reading). (Jerry Gilligan, Dorsey&
0- Whitney will be present).
City Council Regular Meeting Minutes
January 14, 2003
Page 6
City Attorney Gilligan reviewed the ordinance amending the City Code to provide for the
issuance of on-sale liquor licenses to restaurants and hotels. He stated the ordinance also
3 contains provisions with respect to issuance of wine licenses,off-sale and on-sale 3.2 beer
4 licenses and temporary wine and on-sale 3.2 beer licenses.
5
6 City Attorney Gilligan stated that many of the provisions concerning the issuance by the City of
7 on-sale liquor licenses and other licenses for the sale of alcoholic beverages are set forth by
8 Minnesota Statutes. He said the City can place additional restrictions beyond those contained in
9 Minnesota Statutes. He noted that additional restrictions proposed to be included in the
10 ordinance are the following: alcohol awareness training is required for employees of the licensed
11 establishment, no more than 15%of the seating capacity of the establishment may be located at a
12 bar or service counter, at least 50%of the gross receipts of the establishment for the sale of food
13 and non-alcoholic beverages,no license may be issued to any property located within 300 feet of
14 a church or school or to any property used as a sexually oriented business, and adult
15 entertainment is prohibited on the licensed premises.
16
17 City Attorney Gilligan said the ordinance provides for investigation fees of up to $500 for an in-
18 state investigation and up to $10,000 for an out-of-state investigation. He said this is the
19 maximum investigation fee permitted by Minnesota law. He stated the annual license fee for an
20 on-sale liquor license is proposed to be $8,000, with a reduction of$500 on the license fee for an
21 annual renewal if compliance checks have been passed in the prior year with no violations
22 carrying a penalty of$500 or greater.
9 City Attorney Gilligan stated the ordinance lists what places are eligible for license.
25
26 Councilmember Faust stated he would like to be more restrictive with the ordinance since it is
27 new for the City. He stated he would prefer to allow for three violations instead of four. He
28 stated he also disagrees with giving a$500 incentive to renew liquor licenses. He said instead of
29 issuing six licenses he would prefer issuing two, plus a municipal.
30
31 Councilmember Horst stated he agrees with Councilmember Faust in allowing three violations
32 versus four.
33
34 Councilmember Horst asked City Attorney Gilligan if a daycare facility would be considered
35 property within 300 feet ineligible for a license. City Attorney Gilligan said the ordinance does
36 cover daycare facilities.
37
38 Mayor Hodson asked how the City could assert their law regarding off sale license. City
39 Attorney Gilligan stated it depends on how the law is passed. He said they would have to come
40 to the City to get a license and the City could either deny the license or give additional
41 restrictions. City Attorney Gilligan stated off sale is currently limited to municipal liquor stores.
42
43 City Manager Mornson mentioned that new applications would require public hearings in front
44 of the City Council,but renewals would not.
0 Motion by Councilmember Horst to approve first reading of Ordinance 2003-001, re: Liquor
47 licensing.
City Council Regular Meeting Minutes
January 14, 2003
Page 7
Motion carried unanimously.
3 Councilmember Horst asked about considering Sunday liquor sales. City Attorney Gilligan is
4 going to check with the Liquor Control Board.
5
6 Mayor Hodson stated Sunday liquor sales should be added to the goal setting meeting agenda.
7
8 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
9 Mr. Mornson reported that the State of Cities Conference is January 15, 2003 in St. Paul. He
10 said he will attend the Conference with Councilmembers Faust, Thuesen, and Horst.
11
12 Mr. Mornson reminded the Council that the Apache Plaza Open House is Thursday,January 16
13 from 5:00 to 8:00 p.m.
14
15 Mr. Mornson stated Jim Prosser will attend the next City Council meeting to address issues and
16 give updates related to Apache Plaza. He said there are certain tasks that need to be completed
17 within the next 90 days.
18
19 Mr. Mornson stated April 8,2003 is the next Board of Review.
20
21 Mr. Mornson said the rate increase to help pay for sewer and water work will be noted in the
22 City Newsletter.
9 Mr. Mornson stated the City received almost $10 million in grants, in addition to two additional
25 grants. He said this information will be covered in the next newsletter.
26
27 Councilmember Horst reported that he attended an AMM (Association of Metropolitan
28 Municipalities) informational meeting discussing budget cuts and the effect on cities.
29
30 Councilmember Horst stated that the Community Service Board of Directors reported there was
31 a$68,000 error in the budget. He said the school administration missed$68,000 worth of
32 funding and they are going to make it up by doing community service.
33
34 Councilmember Faust stated he attended a Sister City Meeting. He said 10 exchange students
35 are being paired up with the School District.
36
37 Councilmember Faust stated he has had a couple of meetings with the Northwest Quadrant Task
38 Force. He encouraged the community to come to the next meeting on Thursday, January 16`h
39 from 5:00 to 8:00 p.m.
40
41 Mayor Hodson indicated that he had a meeting with the Northwest Quadrant Committee.
42
43 Mayor Hodson stated the Business Journal coming out this Friday focuses on the City of St.
44 Anthony and its development.
it IX. INFORMATION AND ANNOUNCEMENTS.
47 None.
City Council Regular Meeting Minutes
January 14, 2003
Page 8
3 X. MISCELLANEOUS INFORMATIONAL DOCUMENTS.
4 None.
5
6 XI. ADJOURNMENT.
7 Motion by Councilmember Faust to adjourn the meeting at 8:06 p.m.
8
9 Motion carried unanimously.
10
11 Respectfully submitted,
12
13
14 Rebecca Roehl
15 TimeSaver Off Site Secretarial, Inc.
16
17 Mayor
18 ATTEST:
19 City Clerk
20
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