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HomeMy WebLinkAboutCC MINUTES 04262005I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 APRIL 26, 2005 4 5 CALL TO ORDER. 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 10 11 ROLL CALL. 12 Present: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Absent: Also Present: Mayor Faust; Councilmembers Gray, Horst, Stille, and Thuesen. None. City Manager Mike Morrison and City Attorney Jerome Gilligan. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF APRIL 26, 2005 CITY COUNCIL MEETING AGENDA. City Manager Mike Morrison noted two changes to the agenda. Item VI. A. Police Annual Department Report is postponed until June. The subsequent items should be renumbered accordingly. The second change is the Ordinance number in VI. B. should be 005 -005 instead of 005 -007. Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the City Council Meeting Agenda as revised of April 26, 2005. Motion carried unanimously. II. PROCLAMATIONS AND RECOGNITIONS. A. Recognition to Wal -Mart for their donation to St. Anthony Fire and Police Departments. Mayor Faust explained that Mike Veil, Manager of Wal -Mart has stated that business has been going very well. Mike said that as part of the grand opening of the store, they have decided to award the Police Department $4,000 for their help. The Fire Department was awarded $4,000 as well for their assistance. Mike said some alarms had been set off, and both departments have responded. He thanked the departments and the city for bringing Wal -Mart into the city. Mayor Faust welcomed them into the community. III. CONSENT AGENDA. A. Consider April 12, 2005 Council meeting minutes. B. Consider licenses and permits. C. Consider payment of claims. Councilmember Stille requested the removal of Consent Agenda Item A. Motion by Councilmember Thuesen, seconded by Councilmember Horst, to approve the Consent Agenda items B and C. City Council Regular Meeting Minutes April 26, 2005 Page 2 Motion carried unanimously. Councilmember Stille requested a change in the minutes of the Council Meeting of April 12, 2005 on page 5, line 15. The response time is listed as 2:54 and it should be 2:11. Motion by Councilmember Horst, seconded by Councilmember Thuesen, to approve Consent Agenda item A, subject to the above changes. 10 Motion carried unanimously. 11 12 IV. PUBLIC HEARINGS. 13 A. Resolution 05 -035; Vacating of Public Utility Easement. 14 15 Mayor Faust opened the public hearing at 7:07 p.m. 16 17 Mr. Momson stated the applicant, Pastor Glenn Seefeldt of the Nativity Lutheran Church, 18 requested that the City vacate the utility easements along the western and eastern property lines. 19 The current church building has a small portion of the structure in the easement and any 20 additions to the church building would also encroach into these easements. No subsurface or 21 aerial utilities exist with the subject easements. The engineering consultant stated that the City 22 does not have any future plans to locate any utilities within the currently existing utility 23 easement. The church does own all the parcels to the west of the building, and there are no 24 private utilities. A review of historical records indicates that the City previously approved the 25 construction of an addition to the building that is on a part of the utility easement under 26 discussion. He said there is no reason not to vacate the utility easements as requested. 27 28 Councilmember Stille asked if there could have been an unrecorded document as at one point. 29 City Attorney Gilligan responded that there may have been, though this is the easiest way to 30 resolve the issue. 31 32 Mayor Faust closed the public hearing at 7:13 p.m. 33 34 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve Resolution 35 No. 05 -035 Vacating Public Utility Easement. 36 37 Councilmember Stille pointed out the date listed on Page 15 in the packet for the public hearing 38 should say Apri 126, 2005 rather than November 9, 2004. 39 40 Motion carried unanimously. 41 42 B. Resolution 05- 036; Intoxicating Liquor License — Chipotle Mexican Grill of Colorado, 43 Inc. 44 45 Mayor Faust opened the public hearing at 7:15 p.m. 46 City Council Regular Meeting Minutes April 26, 2005 Page 3 1 Mr. Mornson noted that this is for an Intoxicating Liquor License for Chipotle. This is in 2 accordance with Ordinance 1000.06. He explained that after the approval of the license, the 3 license will be sent to the State of Minnesota for their review and recording. A background 4 application was conducted, and there is no reason not to grant the license. The fees for this 5 license are $8,000 for on -sale intoxicating liquor and $200 for Sunday on -sale. 6 7 Kathleen Brennan, Representative Attorney, explained the founding of Chipotle. She said the 8 restaurant is anticipated to open in mid to late June. 9 10 Greg Hill, Area Manager, said they are excited to be part of the St. Anthony community. He is a 11 resident of New Brighton. He noted the owner of the company takes great pride in making sure 12 the food is from animals that were treated humanely. He noted they enjoy becoming partners 13 with the community. He also pointed out that they have extensive training with crews and 14 managers in liquor awareness. 15 16 Councilmember Horst asked whether the liquor license is for a full bar with mixed drinks or only 17 margueritas. Mr. Hill answered there will be five to six beer choices and margueritas. There are 18 no plans to expand to mixed drinks. 19 20 Ms. Brennan indicated the average purchase is very heavily weighted toward food to about 98 21 percent. Only 2 percent of the purchases are toward liquor. 22 23 Mayor Faust welcomed them and invited them to become part of the community involvement. 24 25 Mayor Faust closed the public hearing at 7:20 p.m. 26 27 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve Resolution 05- 28 036, A Resolution Approving the Intoxicating Liquor License for Chipotle Mexican Grill of 29 Colorado, Inc.; dba Chipotle Mexican Grill. 30 31 Councilmember Thuesen pointed out that on Page 20 in the packet, the second page of the liquor 32 application states the distance to the nearest church and school. He noted that the distances listed 33 are incorrect. 34 35 Motion carried unanimously. 36 37 C. Public Hearing on the 2006 Budget. 38 39 Mayor Faust opened the public hearing at 7:22 p.m. 40 41 Mr. Morrison stated the 2006 budget calendar and a budget summary from the 2005 budget are 42 enclosed in the packet. He noted the Minnesota legislature is still in session, and it is not clear 43 how the cities will receive funds for building. He indicated all three union contracts will expire 44 at the end of 2005. He also pointed out that the health insurance increases will be monitored. 45 46 Mayor Faust stated this is a preliminary hearing to invite responses from individuals prior to 47 submission to the Council for their consideration. City Council Regular Meeting Minutes April 26, 2005 Page 4 Mayor Faust closed the public hearing at 7:25 p.m. 4 V. REPORTS FROM COMMISSION AND STAFF. 5 A. Resolution 05 -037: 3605 — 291h Avenue — (Light Industrial) Conditional Use Permit — 6 Proposed Car Sales. 7 Joel Stromgren, Planning Commission Chairperson, said there was one public hearing at their 8 last meeting, which was for a Conditional Use Permit at 3605 29`h Avenue North. The request 9 was for a proposed car sale lot. The Zoning Code lists the permitted uses and one of those is 10 automotive service and repair, providing there are no junk cars on the property. There is 11 indication that part of this proposed business would include reconditioning of classic cars, which 12 suggests auto repair and service will be done. However, only offices for administrative purposes 13 and non - retail business are permitted. It appears that the major portion of the proposed use will 14 be for retail. 15 16 Mr. Stromgren stated that Walter R. Hammond Company at the west side of the property voiced 17 opposition via letter and phone to the storage of cars. They were also concerned that due to the 18 concrete boulevard on 29`h, the potential customers would turn onto 29`h Avenue and use his 19 driveway and parking lot to get to this new business. 20 21 Councilmember Thuesen asked if there are any other districts in St. Anthony that would allow 22 this business. Mr. Stromgren responded that there are motorcycle sales in the commercial 23 district, but car sales are not allowed. 24 25 Councilmember Stille questioned whether the applicant has been heard from since the Planning 26 Commission meeting. Mr. Morrison stated they have not been heard from. 27 28 Motion by Councilmember Gray, seconded by Councilmember Stille to approve Resolution 05- 29 037, A Resolution Denying a Conditional Use Permit in a Light Industrial Zone for a Car Sales 30 at 3605 29`h Avenue. 31 32 Motion carried unanimously. 33 34 VI. GENERAL POLICY BUSINESS OF THE COUNCIL. 35 A. Consider Ordinance 05 -005: Section 1175 — Clandestine Drug Lab Site Ordinance =first 36 second and third readine. 37 Captain John Ohl reviewed the Resolution with the Council and noted that a National Household 38 Survey indicated that in the year 2000, 8.8 million Americans had experimented with meth. The 39 numbers went up in 2002 to an estimated 12.4 million that had used meth. He reviewed statistics 40 of meth use from individuals arrested and tested for meth in three states. In 1999, 18 clan labs 41 were discovered by authorities and reported to the Minnesota Department of Health, and in 2003, 42 that number grew to 525. He said this ordinance would help increase public safety and help to 43 limit the city's financial limitations in regard to meth labs. It would allow the City to assess the 44 property on which the lab is located for any clean up, and to protect public health. !R City Council Regular Meeting Minutes April 26, 2005 Page 5 Mayor Faust asked if ordinances from other cities were used as a basis for writing St. Anthony's. Captain Ohl said they did talk to several other cities. He said that Little Canada's Ordinance is more comprehensive and seems to meet the criteria necessary. Councilmember Gray asked if there have been other arrests in the city. Captain Ohl said there have been several arrests in the city for meth - related offenses. 9 Councilmember Gray questioned whether there have been arrests at the school. Captain Ohl 10 answered it has not yet been found at the school. He said it is chemically based, and is easy to 11 make in the backyard. 12 13 Councilmember Thuesen asked if the clan labs are an equal problem instate as well as outstate. 14 Captain Ohl said it is much easier to disguise a meth lab outstate. However, there are many meth 15 labs in the inner city. He explained it does produce some fumes, but it is still being done in the 16 highly populated areas. 17 18 Councilmember Stille inquired if it is known what an average clean up could be. Captain Ohl 19 said it can get very expensive. He said there is a plan in place to reduce the City's responsibility. 20 He said he has heard that it can cost $200,000 for a small lab. He said this Ordinance will allow 21 the City to assess the amount. 22 23 Mr. Gilligan noted that a lien can be put on unpaid bills and a mortgage, which can help with the 24 clean up bills. 25 26 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Ordinance No. 27 05 -005 Declaring Clandestine Drug Labs to be a Public Nuisance, Providing for their Removal 28 and Clean-up and Assessing Costs Against the Property Owner, and Amending the Municipal 29 Code of the City of St. Anthony by Adding Chapter 1175. Clandestine Drug Lab Sites, and also 30 to waive the first two readings with this being the First and Final Readings. 31 32 Councilmember Stille commented that the housing is falling off, and more people are renting 33 homes. He said if a place is potentially rented to the wrong people, it can demolish a person's 34 net worth. 35 36 Motion carried unanimously. 37 38 Mayor Faust said there has been a complaint in regard to a law that changed regarding making a 39 right of way for pedestrians in the crosswalk. He said he understands that the individual in the 40 crosswalk has the right of way. 41 42 Captain Ohl confirmed this is what the law says. He said there has not been a lot of voluntary 43 compliance to that law. He said they have a difficult time enforcing that rule because there are 44 issues in enforcing it and idiosyncrasies that go along with the law. 45 46 Mayor Faust said he brought this up in order to refresh the citizens' minds and to give the police 47 some credibility. He said he wanted to use this forum as a teaching point. City Council Regular Meeting Minutes April 26, 2005 Page 6 C. Consider Resolution 05 -038. re: Approving the Memorandum of Understanding with the St. Anthony/New Brighton School District for the Upcoming 2005 Elections. Mr. Morrison reviewed the resolution with the Council and indicated that this is an ongoing Memorandum of Understanding. The School District will reimburse the City for 50% of the total non -fixed costs this year. They will also absorb the total cost of a primary if one is necessary. He explained this is a way to share costs, and save money. 9 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to adopt Resolution 10 05 -038, Approving the Memorandum of Understanding with the St. Anthony/New Brighton 11 School District for the Upcoming 2005 Elections. 12 13 Motion carried unanimously. 14 15 D. Consider Resolution 05 -039 re: Approving the I/P Phone System. 16 Mr. Momson reviewed the resolution with the Council and indicated that the City has been 17 working with Roseville for a year on a new phone system to include all the new buildings of the 18 City's departments. He listed the improvements the City gained. He commended Roger Larson 19 for his work in pulling all the information and technology together. 20 21 Mayor Faust thanked the staff for being proactive and commented that the cost sharing is 22 appreciated. 23 24 Motion by Councilmember Gray, seconded by Councilmember Stille, to adopt Resolution 05- 25 039, Approving the I/P Telephone Agreement with the City of Roseville. 26 27 Motion carried unanimously. 28 29 E. Consider Resolution 05 -040 re: MIS Agreement with the City of Roseville. 30 Mr. Morrison reviewed the resolution with the Council and indicated that during the installation 31 of the new phone system, the City was asked if they would be interested having Roseville 32 provide St. Anthony with MIS services. On a trial basis, the Police Department had them work 33 on their State computer hookup and found their work was excellent. He noted there is a cost 34 savings and it is improved service. 35 36 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 05- 37 040, re: MIS Agreement with the City of Roseville. 38 39 Motion carried unanimously. 40 41 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS. 42 City Manager Momson reported the following: 43 • History Intern Update — Ms. Campbell will hold an information meeting open to the 44 public on Tuesday, May 10 at 10:00 a.m. Everyone is invited to come and share 45 interviews and information. 46 • Front Office Changes: 47 ■ Jan — Resigned to accept position with Minneapolis Schools City Council Regular Meeting Minutes April 26, 2005 Page 7 ■ Gerri — last day July 20`h 2 ■ Jackie — will be taking over Gerri's duties 3 ■ Judy Monson —has agreed to comeback to fill in until we fill the vacancy 4 • Next Friday, May 6`h, the website will change over to GovOffice. 5 • Next week Summer Hours begin — Office will be open 7:00 a.m. to 4:30 p.m. Monday 6 through Thursday and 8:00 a.m. to noon on Friday. 7 • Clean up day — Saturday, May 7`h from 9:00 a.m. to 1:00 p.m. 8 • May 10`h meeting will focus on two goals 9 ■ Silver Lake Road Project; Jim Grube, Director of Hennepin County Engineers, will 10 be in attendance I 1 Todd Hubmer, WSB will also be present to discuss: 12 • Sidewalks and Street Light Policies 13 • I & I Program 14 • 2005 Street Improvement Project 15 • 391h Avenue Update 16 • Draft report on concrete versus asphalt roads 17 • May 24th meeting will focus on planning and zoning. 18 St. Anthony Market Place project 19 • Four Public Hearings — Two Conditional Use Permits and Two Variances — 20 4/5 Vote 21 • June 14`h Focus on Reports 22 ■ Survey results from Decision Resources 23 ■ 2004 Audit Presentation 24 ■ Police Department Annual Report 25 • June 28`h Focus on Phase II of Silver Lake Redevelopment 26 27 Councilmember Thuesen had no report. 28 29 Councilmember Gray reported he spoke with Guy Peterson last week, who would like to put a 30 bar /restaurant into the St. Anthony Marketplace. He said Mr. Peterson has a very good plan, and 31 also would like to allow a pull tab operation. Councilmember Gray also reported he attended the 32 Northwest Youth and Family Services meeting last week and stated they are preparing for their 33 leadership luncheon on May 4 at 11:30 a.m. He invited all Councilmembers to join him at the 34 luncheon. 35 36 Councilmember Horst had no report. 37 38 Councilmember Stille had no report. 39 40 Mayor Faust reported that on April 13 he attended a League of Minnesota Cities loss prevention 41 workshop. The cost was $20 for the City, and encouraged all Councilmembers to attend next 42 year. 43 44 Mayor Faust said on April 15, there was an award ceremony and an the architects for the flood 45 mitigation project were awarded. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 City Council Regular Meeting Minutes April 26, 2005 Page 8 On April 16, the City hosted a former elected officials work session, and he presented the goals of the City. Mayor Faust noted on April 18, he attended the ribbon cutting ceremony for Applebee's along with Councilmember Horst and the City Manager. Mayor Faust said on April 22 and 23, he attended the Minnesota Mayor's Conference. The issue was transportation. Steve Murphy from Red Wing, and Representative Ron Earhardt from Edina spoke, and both pushed the gas tax. He said it was an enlightening session. 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 noted that any citizen that has not received St. Anthony Village Notes in the mail to let City Hall know. This is a good medium to get information to the public. Councilmember Stille noted Village Fest is August 5 and 6. He also noted the St. Anthony Orchestra will hold their annual benefit concert on May 7 at 7:00 p.m. with a silent auction, concert and dessert. Call 612 -331 -4571 for more information. X. MISCELLANEOUS INFORMATIONAL DOCUMENTS. None. XI. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:00 p.m. Respectfully submitted, Chris Moksnes Timesaver Off Site Secretarial, Inc. ATTEST: Pill iy City Clerk