HomeMy WebLinkAboutCC MINUTES 05262009I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MAY 26, 2009
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5 CALL TO ORDER.
7 Mayor Faust called the meeting to order at 7:00 p.m.
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, Roth, Stille, and Thuesen
16 Absent: None
17 Also Present: City Manager Mike Mornson, City Attorney Jerome Gilligan, Public Works Director
18 Jay Hartman, Todd Hubmer, WSB & Associates Inc., and Justin Messner, WSB &
19 Associates, Inc.
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21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
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II.
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APPROVAL OF MAY 26, 2009 CITY COUNCIL MEETING AGENDA.
Mayor Faust indicated the agenda will be changed to move Agenda Item IV.D. to the first item
under V, Reports from Commission and Staff.
Motion by Councilmember Gray, seconded by Councilmember Roth, to approve the City
Council Meeting Agenda of May 26, 2009 as amended.
Motion carried unanimously,
PROCLAMATIONS AND RECOGNITIONS.
None.
CONSENT AGENDA.
A. Consider May 12 2009 Council meeting minutes
B. Consider licenses and permits
C. Consider payment of claims
D. Resolution 09 -044, To Approve the Mutual Aid Agreement to the East Metro Special
Weapons an d Tactics Team with the Cities of New Brighton Department of Public
Safety, North St. Paul Police Department Roseville Police Department and the
University of Minnesota Police Department and authorizes the Police Chief to execute
said Agreement on behalf of the City of St Anthony Village
E. Resolution 09 -045 To Approve the Child Sexual Predator Program Agreement #3000-
1391 between the State of Minnesota acting through its Commissioner of Public Safet
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City Council Regular Meeting Minutes
May 26, 2009
Page 2
Bureau of Criminal Apprehension and authorizes the Mayor and City Clerk to execute
said Agreement on behalf of the City of St Anthony Village
F. Resolution 09 -046, Accepting a Contribution from Hennepin County to Offset the Costs
of the Pedestrian and Street Lighting for the Silver Lake Road Reconstruction Project as
Documented in the Construction Cooperative Agreement
G. Resolution 09 -047, Accenting a Donation from Terry Oetting to the St Anthony Police
Department.
Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the Consent
Agenda items.
Motion carried unanimously
IV. PUBLIC HEARING.
A. Resolution 09 -048; Ordering Improvements for the Arbors Alley Roadway and Utility
Improvement Project.
Mayor Faust opened the public hearing at 7:05 p.m. for Resolution Nos. 09 -048, 09 -049, and 09-
050.
Mr. Todd Hubmer, WSB and Associates, Inc., provided an overview of the Arbors Alley
Roadway and Utility Improvement Project. He reviewed Resolution Nos. 09 -048, 09 -049, and
09 -050.
• Resolution 09 -048 states that the Council has completed the public hearing process and
orders the project to be completed.
• Resolution 09 -049 adopts and confirms assessments for the Arbors Alley Roadway and
Utility Improvement Project.
• Resolution 09 -050 awards a bid for the Arbors Alley Roadway and Utility Improvement
Project.
Councilmember Stille requested clarification on the assessment payments. Mr. Hubmer
explained the project is set up with constant principal declining interest payments. The principal
payment is $288 for the $4,000 assessment; the payment goes down as the principal is reduced.
Mayor Faust closed the public hearing at 7:10 p.m.
Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 09-
048, Ordering Improvements for the Arbors Alley Roadway and Utility Improvement Project.
Motion carried unanimously.
B. Resolution 09 -049: Adopting and Confirming Assessments for the Arbor Alley Roadway
and Utility Improvement Project
City Council Regular Meeting Minutes
May 26, 2009
Page 3
1 Motion by Councilmember Roth, seconded by Councilmember Stille, to adopt Resolution 09-
2 049, Adopting and Confirming Assessments for the Arbor Alley Roadway and Utility
3 Improvement Project.
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5 Motion carried unanimously.
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7 C. Resolution 09 -050; Awarding a Bid for the Arbors Alley Roadwav and Utility
8 Improvement Project.
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10 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 09-
11 050, Awarding a Bid for the Arbors Alley Roadway and Utility Improvement Project to the low
12 bidder, Kusske Construction Company, LLC, in the amount of $79,387.00.
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14 Motion carried unanimously
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16 D. Resolution 09 -051; Awarding a Bid for Water Tower Park Watermain Replacement
17 Protect and the St. Anthony Boulevard at Silver Lake Road Mill and Overlay Project
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19 Moved in the agenda to precede agenda item V.A.
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21 V. REPORTS FROM COMMISSION AND STAFF.
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23 Resolution 09 -051; Awarding a Bid for Water Tower Park Watermain Replacement
24 Protect and the St. Anthony Boulevard at Silver Lake Road Mill and Overlay Project
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26 Mr. Hubmer provided an overview of the Water Tower Park Watermain Replacement Project
27 and the St. Anthony Boulevard at Silver Lake Road Mill and Overlay Project. He presented
28 Resolution 09 -051 for approval by the Council.
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30 Councilmember Roth inquired about the engineer estimate for the project. Mr. Justin Messner,
31 WSB & Associates, Inc., replied that the engineer estimate for the combined Mill and Overlay
32 and Water Tower Park projects equaled approximately $245,000.
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34 Mayor Faust requested a review of the mill and overlay project location. Mr. Hubmer reviewed
35 the location of the project and noted the deterioration of the pavement in the project area.
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37 Councilmember Stille requested information on the necessity of this project. Mr. Hubmer
38 explained that the City has received a number of complaints about the road. The City has put in a
39 lot of time filling potholes. The first layer of asphalt has deteriorated, and the patch that was
40 done this spring will not hold throughout another winter cycle.
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42 Councilmember Roth questioned how long the project will last. Mr. Hubmer replied it is
43 anticipated that the project will last 15 to 20 years.
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45 Councilmember Gray inquired about the construction schedule. Mr. Hubmer replied that
46 construction will likely begin in June and will involve less than one week of work.
City Council Regular Meeting Minutes
May 26, 2009
Page 4
2 Councilmember Thuesen asked if there has been any consideration of taking out the road and
3 completing a reconstruction due to inadequate subsoil conditions or whether it can be stabilized
4 by a mill and overlay. Mr. Hubmer replied that the condition is due mostly to the pavement itself.
5 It has not been determined that there is a major failure of the subgrade.
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7 Mayor Faust commented on the importance of the project timing and that there will not be
8 construction occurring during the Village Fest parade.
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10 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 09-
11 051, Awarding a Bid for Water Tower Park Watermain Replacement Project and the St. Anthony
12 Boulevard at Silver Lake Road Mill and Overlay Project to the low bidder, Kusske Construction
13 Company, LLC, in the amount of $250,581.90.
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15 Motion carried unanimously.
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17 A. Ordinance 09 -0041 Text Amendment to Title XV Section 155 Signs; Allowin
18 Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic
19 Outfields 0" reading)
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21 Planning Commission Member Don Jensen provided the report from the Planning Commission
22 on the request for a text amendment to Title XV, Section 155 Signs; Allowing Temporary Signs
23 to be Posted on Fences in the Recreational Open Space Athletic Outfields. He stated the Planning
24 Commission debated the text amendment as proposed by the School District at several meetings.
25 At the May Planning Commission meeting the Commission moved the text amendment forward
26 for consideration by the Council with a 5 -1 vote. The debate that occurred at the Planning
27 Commission level, as well as the public testimony, had a lot to do with what would ultimately be
28 an application for a Conditional Use Permit (CUP) that this text amendment would allow for.
29 The Commission saw fit that the text amendment would allow an application as an opportunity
30 for the School District or others that fit the definition to apply for signage under the CUP. The
31 terms and conditions would be included within each CUP.
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33 Mr. Eric Brever, Foster & Brever PLLC, addressed the City Council and stated he is present on
34 behalf of the School District and St. Anthony Baseball Association (SABA). The hope is to put
35 together the ability for signage in and around the baseball and football fields. This would allow
36 for potential fundraising opportunities for the School District. A number of local businesses have
37 expressed willingness and are interested in doing advertising with the School District in various
38 ways. Mr. Brever provided a PowerPoint presentation and overview of the proposed text
39 amendment to Title XV, Section 155 Signs.
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41 Councilmember Thuesen requested clarification on whether the proposed text amendment would
42 allow signage at the football field and hockey rink in addition to the varsity baseball field. Mr.
43 Brever replied that the proposed text amendment includes a 250 -foot setback requirement. The
44 Council may wish to consider whether hockey rinks or tennis courts should be included. SABA,
45 as an agent of the School District, is preliminarily concerned with the baseball field, not
46 necessarily with the football field. However, it was suggested that as long as they are going along
City Council Regular Meeting Minutes
May 26, 2009
Page 5
1 this process that the football field would be a natural progression. Signage for the baseball field
2 and the football field would each require a separate permit.
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4 Mayor Faust pointed out that the March 4, 2009 letter from the School Superintendent only
5 speaks to the varsity baseball field.
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7 Councilmember Gray noted when this was initially presented, the Council asked the question of
8 whether this will be expanded to include the football field and other fields. They were told that it
9 this would only be looking at the baseball field.
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11 Councilmember Roth questioned if it is realistic that any philanthropic uses would pay for eight
12 to ten signs, which is the total number of signs allowed under the proposed text. He stated his
13 position that this seems to be aimed towards business and education uses, and that philanthropic
14 is included in the text for appearance. Mr. Brever suggested the possibility of "Congratulations
15 Graduates" signs for outdoor graduation as an educational use, noting that this would currently
16 be a violation of the City Sign Ordinance. He stated the goal is that the signs would be temporary
17 which would be up no longer than six months every year. He suggested the possibility of signage
18 for Relay for Life as a philanthropic use.
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20 Councilmember Roth questioned the purpose of limiting the signage to eight signs. Mr. Brever
21 replied that the money they hope to raise would go a long way as far as the maintenance of the
22 field. Often times other schools have three year contracts with advertisers that could sell for up to
23 $1,000 per year. Theoretically $8,000 per year would go a long way with planting trees and ivy
24 along the entire filed, and further keeping the grass and other things in the shape they are in.
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26 Councilmember Roth questioned if there will be a request to double the signage in another three
27 years. Mr. Brever replied that St. Anthony High School Athletics Director Troy Urdahl would
28 like a community field and does not want to destroy the integrity of the field. He cannot promise
29 there will not be a request for increased signage, but Mr. Urdahl has said that is not on the radar.
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31 Councilmember Roth questioned if the School District will control the money. Mr. Brever
32 responded in the affirmative and explained that SABA would provide the sales and management
33 of the fundraising for the field.
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35 Mayor Faust stated that the $8,000 that could be raised through the signage is not a lot in the
36 grand scheme of things. Going back to the March 4, 2009 letter from the School Superintendent,
37 the request started with a 120 day period for signage on the baseball field, and they are now up to
38 the football field and hockey rink for six months. He stated his position that a plan and purpose
39 need to be presented for the City to make this change. He expressed concern about the use of
40 public property to raise funds and stressed the importance of knowing how the funds will go to
41 the School District, including the accounting and auditing process. He questioned if the School
42 District has any legal control over SABA. Mr. Brever replied that a contract between the School
43 District and SABA has been prepared and would be signed. The contract gives SABA the
44 authority to solicit the fundraiser. The School District would oversee the financial affairs; the
45 School District has accounting requirements and obligations. With regard to the School District's
46 control, they have policies as far as what signage can be placed and specific rules and regulations
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May 26, 2009
Page 6
in the School District policies as to the oversight of the signage. He stated the plan would be
related to the CUP, as opposed to the ordinance amendment. The ordinance amendment provides
a pathway to get to the plan.
Mayor Faust suggested a plan stating the long -term ideas of the School District and SABA. Mr.
Brever replied that SABA has gone through a number of fundraisers and is reaching the end limit
of the fundraisers. This is an opportunity to be creative.
9 Councilmember Thuesen asked whether the text amendment could be worded to limit signage to
10 the baseball field. City Attorney Gilligan responded in the affirmative. He advised that another
11 option would be to expand the 250 -foot distance limit from a residential district to an area
12 beyond the football field.
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14 Mr. Brever clarified that the hockey rink would currently not be allowed under the proposed text
15 amendment because it is within 250 feet of a residential district. The only other location allowed
16 would be the visitors' side of the football field.
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18 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve the First
19 Reading of Ordinance 09 -004, a Text Amendment to Title XV, Section 155 Signs; Allowing
20 Temporary Signs to be Posted on Fences in the Recreational Open Space Athletic Outfields.
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22 Councilmember Thuesen stated his support of limiting signage to the varsity baseball field with
23 no opportunity for signage at the football field.
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25 Councilmember Stille stated he is not in favor of this for a number of reasons. The time allowed
26 for the signs to be up started at four months and has expanded to six months. The limit was at 24
27 square foot signs, and at the last Planning Commission meeting it was up to 60 square foot signs.
28 The current banners are 28 square feet; the signs will be over twice that size if this moves
29 forward. He stated going from Palm Field to the football field is something they need to be
30 mindful of as far as where this could go in the fixture. He stated the Planning Commission
31 struggled with this. The vote was not unanimous and a lot of the members cited monetary
32 reasons. From a Planning Commission perspective, the decision should have been based on
33 whether there should be commercial advertising in the park or not. He stated he has gone to a
34 few baseball fields and has played baseball. One of the examples used by SABA is the
35 Minnetonka park. However, that park is secluded and tucked behind the school; there is a dome
36 practice facility next to it and there are not any residential areas that can see the area. That is the
37 kind of place where they could get the baseball nostalgia. This is a city park with a baseball field
38 in it. They need to accommodate and not have clutter in the park. Not everyone cares about
39 baseball and they need to be mindful for the rest of the community about what door they open.
40 He stated there is another Minnetonka baseball park next to a city facility where there is not any
41 advertising. This was likely the rationale for some of the discussions that went into advertising at
42 one Minnetonka park and not the another. He stated his support of going to bat for the School
43 District with non -city grant funding opportunities if this ordinance amendment does not pass.
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45 Councilmember Thuesen stated this afternoon he walked the perimeter of the park to get an idea
46 as far as the visual look if signs were permitted. On the west side there is the community center,
City Council Regular Meeting Minutes
May 26, 2009
Page 7
1 the parking lot, the hill going up, the fire station, and the concession stand blocks a lot of the
2 field. He stated from his perspective from the west side the signs are basically not very visible
3 from the rest of the park. On the north end a lot of the residents have vegetation growing up on
4 their fences. There were limited properties on the north end that would see the signs and it would
5 likely be minimal from that distance. It is a similar situation on the east end and to the south is
6 the school and skateboard park. He stated his support of adopting the first reading with signs
7 limited to the baseball park in order to further explore some of the options. He will not
8 necessarily vote in support with the plan that is presented if the first reading is adopted.
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10 Councilmember Gray stated his support of the ordinance amendment. He stated everyone is
11 struggling for funding. The School District may come back and request sign placement at the
12 football field, but it comes down to where the money comes from. Upkeep needs to be provided
13 on the fields, and this is a creative way of doing it where it does not involve public money and
14 tax money. The businesses are putting money in to help with the upkeep of the fields, and in turn
15 they receive advertising.
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17 Mayor Faust stated the City already maintains the park; this is for enhancements at the park. He
18 did not think much of the idea in the beginning and thinks less of it now. This is classified as
19 recreational open space; not cluttered space. It is located in a residential area in the heart of the
20 City that gets a lot of visibility. He stated there are ways they can find $8,000 to do what the
21 School District wants to do. In regards to the comments in the letter from the School
22 Superintendent about the non -users in the park, he suggested raising the fees. He stated his
23 position that the signage will destroy the community park atmosphere and the School District
24 will be back requesting signage for the football field, hockey rink, and tennis courts.
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26 Councilmember Roth expressed concern with the use of the word "temporary ". He suggested
27 timing the period for the signage to the state high school athletic season. He commented that he
28 agrees that there seems to be a need for money, but he also feels it is a public place and keeping
29 the area without advertising is something to be desirable. He stated his position that this is
30 somewhat of a hybrid park with the high school as well as non -high school events being held
31 there. He stated growing up in his hometown the baseball team played at the public park and it
32 was lined with advertising. His struggle is how to control it so that it does not get out of hand.
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34 Councilmember Stille pointed out that while the high school season is over in the next couple of
35 weeks there will be teams playing through August or September. He stated if the first reading
36 passes he encourages the Council to tour the Minnetonka park.
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38 Councilmember Gray commented that it would be a reasonable adjustment to make the signage
39 in line with the seasons. If the season is limited to high school and youth seasons it would likely
40 be done by the end of July.
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42 A friendly amendment was made to amend condition nos. 3 and 4 included in the text
43 amendment as follows:
44 3. Signs may be erected only within the confines of Palm Field.
45 4. Signs may be displayed for a period from April I" through July 31 s`
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City Council Regular Meeting Minutes
May 26, 2009
Page 8
1 Mayor Faust directed staff to determine and record the current location of Palm Field.
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3 Ayes — 3, Nays — 2 (Faust and Stille) Motion carried
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5 B. Resolution 09 -052: Approving the Preliminary Plat and Final Plat for Lot Split of 4017
6 Silver Lake Road Lots 7 & 8 and Lots 23 & 24 Block 17 All in "Soo Marie Park ".
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8 Mr. Jensen provided the report from the Planning Commission on the application for a
9 preliminary plat and final plat for lot split of 4017 Silver Lake Road, Lots 7 & 8 and Lots 23 &
10 24, Block 17, All in "Soo Marie Park ". He stated subsequent to the Planning Commission
11 approval last week the applicant took the comments of the Commission to their surveyors for an
12 amended drawing. The plan has been amended so that all of the rear lines on Penrod Avenue line
13 up. This leaves a slightly larger remaining property on Silver Lake Road should it be
14 redeveloped in the future.
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16 Ms. Susan Lindberg, applicant, explained that her father passed away and the way the lots were
17 previously split was right down the middle of his house. They are asking to have it split the other
18 direction so they can sell the back lot.
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20 Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 09-
21 052, Approving the Preliminary Plat and Final Plat for Lot Split of 4017 Silver Lake Road, Lots
22 7 & 8 and Lots 23 & 24, Block 17, All in "Soo Marie Park).
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24 Motion carried unanimously,
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26 C. Resolution 09 -053: Approval of a Conditional Use Permit (CUP) for Ikram Child Care
27 LLC Located at 3055 Old US Highway 8
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29 Mr. Jensen provided the report from the Planning Commission on the Conditional Use Permit
30 (CUP) request for Ikram Child Care, LLC, located at 3055 Old US Highway 8. He reviewed the
31 location and site plan of the proposed child care site.
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.33 Mayor Faust asked whether the Planning Commission determined that there is adequate space
34 for the outdoor play area on the southeast side. Mr. Jensen replied that the State sets a minimum
35 requirement as it relates to total square footage. The space behind the building is a bigger space
36 in totality than what exists at Step by Step Daycare, and the amount of containment play is
37 similar to the play area behind the Community Center He noted there can also be discussion as to
38 whether there is additional play space outside of the fenced -in area. It is lawn, but it would be
39 almost impossible to go through the boulevard area out to Old Highway 88. This location has
40 containment from the center out to the play area, and there is more than enough space. There is
41 no plan for the play area, which is something that was requested with the application. However,
42 at the end of the day the play area needs to meet State requirements.
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44 Mayor Faust questioned if the State inspects the play area. City Manager Morrison responded in
45 the affirmative.
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May 26, 2009
Page 9
I Motion by Councilmember Roth, seconded by Councilmember Gray, to adopt Resolution 09-
2 053, Approval of a Conditional Use Permit (CUP) for Ikram Child Care, LLC Located at 3055
3 Old US Highway 8.
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Motion carried unanimously
7 D. Resolution 09 -054• Ado tion of the Comprehensive Plan
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9 Mr. Jensen provided the report from the Planning Commission on the adoption of the
10 Comprehensive Plan. He stated the Metropolitan Council has approved the Comprehensive Plan
11 and adoption is required by the Planning Commission and City Council. The Planning
12 Commission moved this forward unanimously. The only comment was the request for the picture
13 on the front cover to be changed to a different picture representative of the City.
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15 Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 09-
16 054, Adoption of the Comprehensive Plan.
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18 Mayor Stille thanked the Planning Commission for the work put into the Comprehensive Plan.
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20 Motion carried unanimously
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22 VI. GENERAL BUSINESS OF COUNCIL.
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24 None.
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26 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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28 City Manager Morrison reported on the following:
29 • Emerald Park Project is in progress. Most of the existing equipment has been removed.
30 ■ Silver Lake Road punch list items are being completed. Paving is scheduled for
31 Thursday, May 28`h.
32 • Water Re -Use Project: fine tuning of the retention pond is scheduled for the middle of
33 June.
34 • Industrial Custom Products has withdrawn the request for a revolving loan from the State
35 of Minnesota Department of Trade and Economic Development.
36 • CenterPoint Energy grant of $2,000 was received for Fire Department pagers.
37 ■ Rice Creek Watershed District grant of $50,000 was received in conjunction with the
38 Water Quality Federal Program. The grant will be part of the local match.
39 ■ He and Mayor Faust met with Ramsey County Commissioner Parker. One item of
40 discussion was the Water Quality Project. The County Board will consider a motion to
41 approve the project at the June 2, 2009 County Board meeting. The main goal of the
42 project is to improve the water quality of Silver Lake.
43 ■ Beverage alcohol training on May 12, 2009.
44 ■ Risk Management Association of Minnesota meeting.
45 ■ Trillium Park water feature replacement will be completed next week.
46 • There will be a cable operator replacement for Keil while he is at school in June.
City Council Regular Meeting Minutes
May 26, 2009
Page 10
t ■ The St. Anthony resident that won the local fire prevention poster contest is the winner of
2 the State award.
4 Councihnember Gray inquired if staff has looked into the request that the Emerald Park
5 equipment be donated. City Manager Morrison replied that the resident has been informed that
6 the equipment cannot be donated due to liability issues.
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8 Councilmember Gray: No report.
10 Councilmember Roth: No report.
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12 Councilmember Stile: No report.
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14 Councilmember Thuesen: No report.
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16 Mayor Faust reported on the following
17 May 18, 2009 meeting with Ramsey County Commissioner Parker. There was discussion
18 on mitigating the cost of the compost contract through grants and consideration of
19 beginning to do some of the City's dispatching through Ramsey County; currently all of
20 the dispatching is done through Hennepin County. There was also discussion on
21 additional lighting and lighting improvements on 37`h Avenue and on Silver Lake water
22 quality improvements.
23 ■ May 19, 2009 meeting with Hennepin County Commissioner Stenglein. There was
24 discussion on the Silver Lake Road project. Commissioner Stenglein attended the
25 monthly Chamber meeting with them. He also sent a letter commending the St. Anthony
26 Village community, staff and City Council.
27 ■ May 20' - 22 °d, 2009 attendance at the League of Minnesota Cities Strategic Planning
28 session for the next 12 to 18 months.
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30 VIII. COMMUNITY FORUM.
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32 Mayor Faust invited residents to come forward at this time and address the Council on items that
33 are not on the regular agenda.
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35 Hearing none, Mayor Faust moved forward with the agenda.
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37 IX. INFORMATION AND ANNOUNCEMENTS.
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39 Mayor Faust requested that staff post information from the Centerpoint Energy Community Link
40 on the City website, City newsletter and/or Channel 16.
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42 X. ADJOURNMENT.
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44 Mayor Faust adjourned the meeting at 8:35 p.m.
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May 26, 2009
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Respectfully submitted,
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4 Carol Hamer
5 Timesaver Off Site Secretarial, Inc.
6
7 ayor
8 ATTEST:
9 City Clerk
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