HomeMy WebLinkAboutCC MINUTES 072820091
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JULY 28, 2009
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.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Roth, Stille, and Thuesen
Absent: None
Also Present: City Manager Mike Morrison and Planning Commissioner Paul Cincoski
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF JULY 28, 2009 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve the City
Council Meeting Agenda of July 28, 2009.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
A. Minnesota "Night to Unite" Proclamation.
Councilmember Stille presented and recited the "Night to Unite" proclamation and stated this is
the first annual Night to Unite in Minnesota, to be held on August 4, 2009.
Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt the Minnesota
"Night to Unite" Proclamation.
Motion carried unanimously.
B. "Fill- the - Boot" for Muscular Dystrophy Proclamation.
Firefighter Joe Basara presented the "Fill- the - Boot" for Muscular Dystrophy proclamation and
explained that the International Association of Fire Fighters (IAFF) is the largest national
sponsor of the Muscular Dystrophy Association (MDA). He stated the Fill- the -Boot campaign is
intended to raise money for the MDA and this year, the campaign has been expanded to include
collection sites throughout the City as well as on the sidewalks at Cub Foods and Wal -Mart.
City Council Regular Meeting Minutes
July 28, 2009
Page 2
Firefighter Mark Sitarz stated that last year, 41 fire departments in the state conducted a "Fill -
the- Boot" campaign and raised approximately $250,000 for the MDA. He indicated that this
year, the fire department's goal is to raise $2,500 which would allow three kids to attend MDA
summer camp for a week. He added the campaign will be held August 24`h through August 26`h.
Motion by Councilmember Gray, seconded by Councilmember Roth, to adopt "Fill- the - Boot"
for Muscular Dystrophy Proclamation.
9 Motion carried unanimously.
10
11 III. CONSENT AGENDA.
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13 A. Consider June 23, 2009 Council meeting minutes.
14 R. C fieenses e _ndpe....,:..
15 C. Consider payment of claims.
16 D. Resolution 09 -063. Accepting the Grant from CenterPoint Energy for the St. Anthony
17 Fire Department.
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19 Councilmember Thuesen requested the removal of Consent Agenda Item B.
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21 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Consent
22 Agenda Items A, C, and D.
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24 Motion carried unanimously.
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26 B. Consider licenses and permits.
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28 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Consent
29 Agenda Item B.
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31 Ayes — 4, Nays — 0, Abstain — 1 ( Thuesen). Motion carried.
32
33 IV. PUBLIC HEARING.
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35 None.
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37 V. REPORTS FROM COMMISSION AND STAFF.
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39 A. Resolution 09 -064: Conditional Use Permit for an Antenna for 2601 Kenzie Terrace
40
41 Planning Commissioner Cincoski stated that the Planning Commission unanimously
42 recommended approval of the applicant's request on July 21, 2009.
43
44 Mayor Faust stated there was some discussion at the Planning Commission about the
45 homeowners association and it appears that the association is in agreement with the applicant's
46 request.
City Council Regular Meeting Minutes
July 28, 2009
Page 3
2 Councilmember Gray asked if the request is for one antenna or multiple antennas.
3
4 Planning Commissioner Cincoski replied that it was his understand the request is for one antenna
5 and added there will be an accompanying unit placed on the side of the building. He stated the
6 Planning Commission recommended the placement of approximately 12 bushes and six trees to
7 provide camouflage.
9 Mr. Clarence Ranallo clarified that there will be three 8' antennas, two on the rear of the building
10 and one on the front of the building.
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12 Councilmember Thuesen asked about the diameter of the antennas.
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14 Mr. Clarence Ranallo stated the antennas will be approximately 24" in diameter. He stated they
15 have visited with T- Mobile several times regarding their request and this is something that all the
16 residents have agreed to.
17
18 Councilmember Gray suggested revising the proposed resolution to clarify that the CUP is for
19 more than one antenna.
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21 Mayor Faust agreed and stated the resolution should state the CUP is for three antennas.
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23 Councilmember Stille suggested revising the resolution to state "as depicted in the drawings."
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25 Mayor Faust agreed with Councilmember Stille and suggested revising the findings to state "as
26 depicted in the schematic and as presented to the City Council."
27
28 Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 09-
29 064, Conditional Use Permit for an Antenna for 2601 Kenzie Terrace, as amended.
30
31 Councilmember Stille pointed out that a co- location was not discussed in this case because it
32 would not work with T- Mobile's system; the City typically encourages a co- location where
33 appropriate.
34
35 Motion carried unanimously.
36
37 B. Resolution 09 -065: Fence Height Variance for 2912 Silver Lake Court.
38
39 Planning Commissioner Cincoski presented an overview of the applicant's variance request for
40 an eight foot back fence and stated the Planning Commission unanimously recommended
41 approval of the request.
42
43 Councilmember Thuesen asked if there was any discussion at the Planning Commission
44 regarding changing the ordinance to allow eight foot high fences.
45
City Council Regular Meeting Minutes
July 28, 2009
Page 4
1 Planning Commissioner Cincoski replied that the Planning Commission did not discuss changing
2 the ordinance and added in this case, there was a rather unique situation in which the applicant's
3 adjacent neighbor had at one time received approval for an 8' foot fence and because the
4 applicant's property angles down toward Silver Lake Road, the Planning Commission felt this
5 created a unique hardship.
6
7 Councilmember Stille stated the proposed resolution should be clarified to state "A Resolution
8 for a Variance for Fence Height of an Additional Two (2) Feet for 2912 Silver Lake Court."
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Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Resolution 09-
065, Fence Height Variance for 2912 Silver Lake Court, as amended.
Councilmember Stille stated the previous fence height variance was granted in February 2008
and at that time, the Council discussed reviewing the ordinance to determine if the ordinance
should be changed. He did not believe the ordinance should be changed to allow eight foot
fences city -wide, but perhaps the Council should consider if there are certain areas in the City
where this change is appropriate.
Councilmember Gray stated he felt the ordinance needs to be changed to allow eight foot fences
and felt the City Council will likely see more of these types of requests in the future. He added
he did not feel the request meets the hardship criteria.
Councilmember Stille stated the hardship comes from a change in the community since the time
the fence was built, coupled with changes in traffic patterns, and the Council has a lot of latitude
with how it addresses hardships. He stated he would be agreeable to changing the ordinance, but
was not sure if it should be a blanket change. He suggested the Council consider eight feet on
certain properties with certain characteristics versus all properties.
Motion carried unanimously.
It was the consensus of the City Council to direct staff to work with the Planning Commission on
reviewing the ordinance to determine if the ordinance should be revised with respect to fence
size.
C.
Planning Commissioner Cincoski reviewed the applicant's request for placement of an electronic
sign on the St. Anthony Middle School and High School property. He stated the Planning
Commission held a public hearing on July 21, 2009 and unanimously recommended approval of
the CUP.
Mayor Faust noted that the City's electronic sign is off from 10:00 p.m. until 6:00 a.m. every
day.
City Council Regular Meeting Minutes
July 28, 2009
Page 5
Councilmember Stille stated criteria #4 requires that the message changeability be limited to the
minimum amount of changes required to accomplish the purpose of the sign, and asked if this
was discussed by the Planning Commission.
Planning Commissioner Cincoski stated this was not discussed by the Planning Commission.
7 City Manager Mornson stated his interpretation of this language is that the sign has to stay on
8 long enough for somebody to be able to read it. He added the City Council and Planning
9 Commission discussed this in 2004 and determined that eight seconds between messages was
10 appropriate; in this case, the School District will have to determine message changeability.
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12 Mayor Faust stated that staff, acting as the zoning administrator, has the ability to enforce this
13 provision.
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15 City Manager Morrison stated if staff receives complaints about the sign, staff would work with
16 the School District to resolve any issues. He added because this is a Conditional Use Permit, the
17 City has the ability to revoke the CUP.
18
19 Linn Bjornrud, Wold Architects and Engineers, appeared before the City Council and stated the
20 sign will be located between the two existing signs which have since been demolished. He
21 indicated there will also be some lighting on the sign so that after the electronic portion is turned
22 off, the School District logo will be lit; there will be no light pollution from that because it is a
23 short range light on the masonry portion of the sign. He then presented a graphic depiction of
24 the sign placement on the property.
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26 Councilmember Stille stated that there were some concerns expressed at the Planning
27 Commission meeting about the overall lighting.
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29 Mr. Bjornrud replied that in terms of overall lighting, there are light pollution requirements that
30 must be met and their engineers will perform scenarios showing how far certain foot candles will
31 reach.
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33 Motion by Councilmember Stille, seconded by Councilmember Roth, to adopt Resolution 09-
34 066, Conditional Use Permit for Placement of an Electronic Sign at 3303 — 33`a Avenue.
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36 Councilmember Thuesen stated there was a note contained in the agenda packet from a resident
37 who expressed concerns about the sign. He encouraged residents to attend City Council or
38 Planning Commission meetings to voice their concerns in public which allows for further
39 discussion, rather than just writing.
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41 Motion carried unanimously.
42
43 D. Resolution 09 -067; Conditional Use Permit for Placement of an Electronic Sign at 3600
44 Highcrest Road.
45
City Council Regular Meeting Minutes
July 28, 2009
Page 6
1 Planning Commissioner Cincoski reviewed the applicant's request for placement of an electronic
2 sign on the Wilshire Park Elementary School property. He stated the Planning Commission held
3 a public hearing on July 21, 2009 and unanimously recommended approval of the CUP. He
4 added he recently received an email from Kim Moore -Sykes confirming that the School District
5 had agreed to move the proposed sign to the location of the existing sign.
7 Mr. Bjomrud explained that they encountered difficulties with sign placement at Highcrest and
8 37`n Avenue due to limited space left over once the right of way and setbacks from the
9 semaphores were addressed. He then presented a drawing depicting the existing sign location
10 which is 20' off the curb of Highcrest within the bus turnarounds green space.
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12 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 09-
13 067, Conditional Use Permit for Placement of an Electronic Sign at 3600 Highcrest Avenue.
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15 Mayor Faust stated he wanted it to be clear that the location of the electronic sign will replace the
16 current sign location.
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18 Motion carried unanimously.
19
20 VI. GENERAL BUSINESS OF COUNCIL.
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22 A. Ordinance 09 -005: Section 72.36; Parking During Snow Removal (final reading)_
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24 Mr. Momson reviewed the ordinance with the Council and indicated this is the third and final
25 reading of the ordinance.
26
27 Mayor Faust explained that last year, the City changed its ordinance to restrict parking after any
28 snow event of two or more inches for a period of 48 hours or until snow removal has been
29 completed curb to curb; the amended ordinance had a sunset on July 1, 2009. He stated the
30 previous ordinance restricted parking from 3:00 a.m. to 7:00 a.m. from November 1 to April 1.
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32 Motion by Councilmember Gray, seconded by Councilmember Roth, to waive the final reading
33 and adopt Ordinance 09 -005, Section 72.36, Parking During Snow Removal.
34
35 Councilmember Stille stated he would not be voting in favor of the proposed ordinance based on
36 his comments made at the previous Council meetings.
37
38 Councilmember Thuesen stated he would not be voting in favor of the proposed ordinance.
39
40 Ayes — 3. Nays 2 ( Stille and Thuesen). Motion carried.
41
42 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
43
44 City Manager Momson reported on the following:
45 The will be several community classes offered in October by the Police Department,
46 including "Don't Become a Victim," "Sexual Assault and Personal Safety," and "Keep
City Council Regular Meeting Minutes
July 28, 2009
Page 7
I your Children Safe — Computer and Internet Safety." Further information on dates and
2 locations is available from the Police Department as well as the City's website.
3 ■ He will serve on the Metro Cities Transportation Committee and the LMC Human
4 Resources Committee.
5 ■ The Chandler Drive project is proceeding as planned, and half the street is paved, all
6 utilities will be in next week, and the project will be complete by August 31, which is two
7 months ahead of schedule.
8 ■ The Arbor's Alley utilities are completed, the water main has been replaced, and the
9 project should be completed next week.
10 ■ The water main project at Water Tower Park is complete.
11 ■ The St. Anthony Boulevard overlay is complete.
12 ■ The City Hall parking lot has been paved.
13 ■ Emerald Park is progressing well and should be completed on October 15`h.
14 ■ The City was recently awarded an Excellence Award from the League for its water re -use
15 project. There will be a ribbon cutting on September 8`h at 5:00 p.m. The fountains are
16 down because City staff is painting the walls; the pond should be refilled this week.
17
18 Mr. Momson noted that all projects are on time and on budget.
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20 Councilmember Roth: No report.
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22 Councilmember Stille: No report.
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24 Councilmember Thuesen: No report.
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26 Councilmember Gray reported that on June 24 -26, he attended the League of Minnesota Cities
27 annual conference. He stated he attended a session by the City Administrator of Hugo wherein
28 he discussed their disaster response after the 2008 Memorial Day tornado.
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30 Mayor Faust reported on his attendance at the following:
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32 ■ League of Minnesota Cities annual conference. He stated that Minnesota was the first
33 state to start the "Beyond the Yellow Ribbon" program for Iraq soldiers and their
34 families. He will look into how the City may get involved to help families left here while
35 their loved ones are serving overseas.
36 ■ He was asked to go to the Capitol to be part of a group that presented remarks to people
37 interested in city advocacy to see how our voices are heard. The program was well
38 received and included a presentation by Senator Pogemiller.
39 ■ On June 29`h, he spoke to Senator Langseth about the water flooding task force; the City
40 was given approximately $7 million in 1998 for this project and he wanted to express his
41 thanks to the Senator for his support of the project. He invited the Senator to join him on
42 a tour of the project.
43 • The Middle Mississippi Waters Management Organization recently agreed to conduct a
44 wetlands function and value assessment of the entire City and this project will help the
45 City manage its wetlands in the future.
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City Council Regular Meeting Minutes
July 28, 2009
Page 8
July 21 Chamber meeting. Representative Mindy Greiling spoke about the state's budget
problems.
July 22 Fiscal Futures Policy Committee. The Committee began work on policies.
July 28 Metro Cities Municipal Revenue Committee meeting. Mr. Jay Kiedrowski,
senior fellow at the Humphrey Institute of Public Affairs, spoke about the $6 billion
budget deficit as a result of the current deficit not being addressed in each legislative
session. He stated the City does not receive LGA from the State and feels the City is in a
good position and will not see significant tax increases in order to maintain City services.
VIII. 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.
IX. INFORMATION AND ANNOUNCEMENTS.
Mayor Faust stated that Pratt Homes and the Silver Lake Cooperative will be holding another
open house for their co -ops.
Mayor Faust reminded residents of "Night to Unite" on Tuesday, August 4`h.
Mayor Faust announced the Chamber's golf tournament on Friday, July 31".
Mayor Faust reminded residents of Villagefest this weekend, with the parade on Friday night and
festivities on Saturday.
Councilmember Stille reminded residents of the Kiwanis pancake breakfast on Sunday.
Mayor Faust presented the "City of Excellence" award received by the City from the League for
a city with a population between 5,000 and 20,000. He congratulated the City and its staff on
receiving this award and noted the competition is rather keen for these awards.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Barbara Hughes
Timesaver Off Site Secretarial, Inc.
Il
ATTEST: 1,l LLB!/
City Clerk
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