HomeMy WebLinkAboutCC MINUTES 06142005I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JUNE 14, 2005
4
5 CALL TO ORDER
6 Mayor Faust called the meeting to order at 7:00 p.m.
7
8 PLEDGE OF ALLEGIANCE.
9 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
10
11 ROLL CALL.
12 Present: Mayor Faust; Councilmembers Gray, Horst, Stille, and Thuesen.
13 Absent: None.
14 Also Present: City Manager Mike Morrison and City Attorney Jerome Gilligan.
15
16
17 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
18 ITEMS.
19
20 I. APPROVAL OF JUNE 14, 2005 CITY COUNCIL MEETING AGENDA.
21 Motion by Councilmember Gray seconded by Councilmember Stille, to approve the City
22 Council Meeting Agenda of June 14, 2005.
23
24 Motion carried unanimously.
25
26 I1. PROCLAMATIONS AND RECOGNITIONS.
27 None.
28
29 III. CONSENT AGENDA.
30 A. Consider May 24, 2005 Council meeting minutes.
31 B. Consider licenses and permits.
32 C. Consider payment of claims.
33
34 Councilmember Horst requested item A be removed for separate consideration.
35
36 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the Consent
37 Agenda items.
38
39 Motion carried unanimously,
40
41 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Item A,
42 May 24, 2005 Council meeting minutes.
43
44 Mayor Faust noted the City Attorney's name should be changed from Mr. Gilligan to Mr.
45 Lindgren throughout.
46
47 _Ayes — 4, Abstain — 1(Horst). Motion carried.
48
City Council Regular Meeting Minutes
June 14, 2005
Page 2
IV. PUBLIC HEARINGS.
None.
5 V. REPORTS FROM COMMISSION AND STAFF.
6 A. Parks Commission Report. Re: Emerald Park —Doug Koehntop, Parks Chairperson,
7 presenting.
8 Chair Koehntop read the request to the City Council to hire the Close Architectural Firm to assist
9 the Parks Commission in the redevelopment of Emerald Park.
10
11 Councilmember Horst asked what the initial estimate on what their fees would be.
12
13 Chair Koehntop said the Mayor asked him that earlier, and he had instructed him to call Mr.
14 Mornson. He stated Mr. Morrison suggested the amount should be approximately $10,000.
15 Chair Koehntop said he agreed with that amount.
16
17 Mayor Faust pointed out that usually the terms "not to exceed" is included in the forecasted
18 amount.
19
20 City Manager Morrison said this issue was discussed at the work session and strategic planning
21 session. This is basically a feasibility report, and it will come back to the Council in six months
22 with a projected amount. The Council will consider the proposal then. He recommended the
23 amount be "not to exceed $10,000 ".
24
25 Councilmember Stille asked if the Parks Commission had asked the firm to create a limited plan
26 and an extensive plan.
27
28 Chair Koehntop responded they asked the firm to come up with three designs to present and the
29 Parks Commission could choose from those. He added that this firm displayed pictures of parks
30 they had completed. He said they seem capable of interacting with the citizens and capable of
31 the architectural aspect.
32
33 Mayor Faust pointed out that Close Architectural Firm won an award on April 15 for the project
34 they completed at Harding Holding Pond. They do understand the culture of the community.
35 The award is from their constituents. The City does have experience with them, and it has been
36 very favorable.
37
38 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to instruct the Parks
39 Commission to move forward with hiring Close Architectural Firm to provide a cost analyses
40 and scope of service Master plans and drawings for Emerald Park.
41
42 Councilmember Horst said he is not inclined to proceed with renovation on Emerald Park
43 because his opinion is that there is too much on the City's plate. It will be some time before any
44 projects this firm came up with could be acted on. He said with the experiences with Central
45 Park, he is concerned with what may happen with the other parks. He sought to make it clear to
46 the Parks Commission that the City will be more involved than they were at the other park. He
47 said he thinks it is premature to go ahead with this and spend $10,000 at this time.
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June 14, 2005
Page 3
2 Councilmember Stille noted this was discussed at goal setting sessions and he said he thinks the
3 park needs a facelift. Since Central Park panned out well, and is jam packed with kids nightly,
4 he thinks it is necessary to move forward with this.
6 Councilmember Stille amended his motion to add that the cost should not exceed $10,000.
7
8 Amended motion by Councilmember Stille, seconded by Councilmember Thuesen, to instruct
9 the Parks Commission to move forward with hiring Close Architectural Firm to provide a cost
10 analyses and scope of service Master plans and drawings for Emerald Park at a cost not to
11 exceed $10,000.
12
13 Councilmember Thuesen concurred this issue was discussed at goal setting sessions. He stated
14 he thinks it is time to start exploring the options. By going forward with the feasibility report, it
15 does not make the City have to go forward, but gives options and ideas. There is still time to
16 discuss the options, and he noted this is a good starting point.
17
18 Councilmember Horst explained he is not opposed to redeveloping the park. It is high on the
19 list. He said he is not sure if this is an appropriate time due to financial concerns and all the
20 other things on the plate.
21
22 Mayor Faust noted Mr. Mornson suggested the $10,000 cap in keeping with the budget. This
23 would be a six -month project, and wouldn't be underway until next year. He said he has
24 concerns about the northern part of the community not having a park close to them. 37`h Avenue
25 is getting too busy and crossing it with children to get to Central Park is becoming more difficult.
26 He said he would like the Council to look at how the current use of the land could be maximized,
27 and how some amenities could be added that residents of all ages could use. This is good money
28 spent to at least explore.
29
30 Ayes — 4, Nays —I (Horst). Motion carried.
31
32 B. Presentation of Survey. Bill Morris, Decision Resources. nresentinc.
33 Bill Morris addressed the Council and explained his firm spoke with 400 random households in
34 the community. The non - response rate was 4 %, which included either people that refused to
35 participate or they couldn't track down. These results are projectable to the entire adult
36 population. This is a very positive survey. Residents are happy with the way things are going.
37 They have concerns about a couple issues. They feel confident about the way the city is going.
38 They rate the quality of life quite highly. In general, in taking a look at other surveys it stands
39 out as being one of the highest rated communities his company has worked with. He stated he
40 will first compare the Village to the entire metro area, and secondly to inner ring suburbs.
41
42 Mr. Morris said the first question asked was "What do you like most about living in St.
43 Anthony." Two things came forward most often, and the first was location. 26% pointed to
44 small town ambience and the fact that it feels more connected than a faceless suburb. The fact
45 that it is easy to get to places and the small town aspects came out as most popular.
46
City Council Regular Meeting Minutes
June 14, 2005
Page 4
The survey asked what the most serious issue is facing the community. One out of five were
unsure. 12% of the respondents said there was nothing they considered to be a serious issue.
This is about double than what his firm found in the inner ring suburbs and triple what is found
in the outer suburbs. One of the concerns was high taxes, which jumped from 9% in 2001 to the
top 20% currently. School funding was mentioned second most often. That was not a concern
four years ago. A low number is concerned about growth or changes in the community. Two
key issues emerge: one is regarding taxes and the second is school funding.
9 Within the "sense of community" question, 91 % rate this highly. This is 12 to 13 points higher
10 than the norm. The sense of community is not an issue even though changes are taking place.
11
12 Feeling of safety was a question, and 77% feel somewhat or very safe. 80% indicated they felt
13 safe 4 years ago, so there has been little change. Mr. Morns pointed out that St. Anthony is 25%
14 ahead of the feelings of safety felt in other first ring communities.
15
16 In the Public Safety Perception category, 33% of residents could name a St. Anthony Police
17 Officer. Usually, only 10% can name a police officer in their community. Public safety is a
18 limited concern in St. Anthony.
19
20 Mr. Moms said they asked residents to rate city services. The negative comments are very
21 minimal. Street reconstruction in which criticism reached only 13% is less than a third of what
22 they find in other cities. Overall, people place a good evaluation on all the city services being
23 offered.
24
25 On property taxes, the survey asked if people would favor an increase to maintain services at
26 current levels. 26% indicated they would be opposed, though 50% said they would support a tax
27 increase to maintain the services. He commented this is not a surprise, since city services are
28 rated highly in this community. Less than 20% favored the option to reduce city services for
29 property tax cut. Residents don't want to cut property taxes if it jeopardizes city services. He
30 explained there is no real pattern on this, so it is difficult to compare this to other communities.
31
32 Mr. Morris explained the results of the perception of property taxes would be categorized as
33 moderately hostile. There should be a demonstrable need or proven to meet community
34 needs.35% believe the property taxes are too high. He compared St. Anthony to the western
35 suburbs where 80% of the residents feel their property taxes are too high. That is described as a
36 hostile community
37
38 On the value of village services, 65% rated the value as good. This is unusually high and one of
39 the strongest in the metro area. People feel they are getting a good value for their dollars in the
40 community.
41
42 The question was posed of "what do you think about the Silver Lake Redevelopment Project ".
43 86% of the residents said it was a good idea, with 42% said it was strongly a good idea. This is
44 the highest the company has found on any redevelopment project. Only 8% felt this was a bad
45 idea. Overall, this is a great endorsement of the Silver Lake area.
46
City Council Regular Meeting Minutes
June 14, 2005
Page 5
1 Mr. Morris said the question of whether residents would support more of these kinds of efforts,
2 and 84% were in support while 9% opposed. There is a 9 to 1 endorsement to support further
3 efforts, which is one of the strongest in the metro area.
4
5 Decision Resources asked residents if any members of their household visited a liquor store in
6 the past 6 months. 61 % have done so. St. Anthony has a higher patronage level than the
7 company finds in other communities. The survey asked residents who have visited a liquor store
8 to rate the selection, courtesy and knowledge, and the helpfulness. The benchmark figure that is
9 used to indicate high quality is 80 %. In every case, that 80% threshold is met or exceeded. In
10 general, the municipal liquor store serves a larger population and serves it very well. On
11 advertising for the liquor stores, one in five don't recall seeing any advertising regarding the
12 stores. Most people saw advertising on grocery store receipts, in mailings, and in the St.
13 Anthony Bulletin. There are multiple sources being seen and there is no one communications
14 channel that is being seen.
15
16 There is no consensus strongly one way or another on whether residents would support extended
17 store hours for the liquor stores. In general, while there is a plurality in favor, it has not reached
18 a majority on either side.
19
20 Mr. Morris said that drain tile systems were the source of a question. They asked if there was
21 one at the resident's location. 35% said they do have one, and 13% were unsure. Of those who
22 had a drain tile system, they asked if they had a sump pump at their residence. They found that
23 83% did have a sump pump. Of those, 87% said the sump pump discharges water to the exterior.
24 There is a high relation of people who say they have a drain tile system and also have a sump
25 pump.
26
27 The survey asked about three systems of hauling; whether to keep individual haulers, assign a
28 hauler to an area, or have one hauler for the entire community. He said that 52% support the
29 present system. People were fairly intense about this issue, and many have made friends with
30 their hauler and would be unhappy to lose their current hauler.
31
32 He said they asked residents what the principal info source is. Two sources dominate the system,
33 which are Village Notes, and the St. Anthony Bulletin. The grapevine was no longer being
34 relied upon to the extent it was in the prior survey. He pointed out that `newsletter" is listed as a
35 separate category in the results because some residents read a newsletter, but could not name it.
36 He added that 85% of the residents thought the quantity of information received is about right.
37
38 Mr. Morris noted that 85% recall receiving a newsletter during the past year. 92% said they
39 knew someone in the household regularly read the newsletter. It is effective in keeping residents
40 informed. The format is very well received and the content is highly valued.
41
42 hi general, the quality of life in St. Anthony is outstanding. Residents are pleased with where the
43 community is going. The only concern is the tax level. However, in looking at city services in
44 relation to tax dollars, there is a willingness of half of the residents to increase property taxes if it
45 would maintain city services.
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City Council Regular Meeting Minutes
June 14, 2005
Page 6
1 Mr. Morris explained in 2001, Decision Resources pointed out that one place the city may need
2 to be more aggressive is in communication. This challenge has been met, and the city has one of
3 the most effective newsletters in the metro area. People are satisfied with the information that is
4 getting out there. Residents strongly endorse what the Council has been doing. Silver Lake
5 Redevelopment has one of the strongest approval ratings of any redevelopment in the metro area
6 in the past five years.
7
8 Mayor Faust said this is flattering. He thanked the Staff for touching residents on a daily basis.
9 He noted this information will be available in City Hall and on the web site.
10
11 VI. TABLED BUSINESS FROM MAY 24, 2005.
12 City Manager Mike Morrison read the titles of each of the Resolutions and noted they are all
13 interrelated.
14
15 A. Consider Resolution 05 -044 re: Adopt Amendment to Developer Agreement with
16 Amcon Comoration.
17 Mr. Morrison reviewed the resolution with the Council and indicated that the Council did table
18 all the zoning and planning issues on May 24. The Council directed staff to negotiate and this
19 did occur on May 31. As has been established in previous Council discussions, the current
20 development agreement signed July 2003, between the parties obligated the developer to develop
21 a 6,000 square foot restaurant on the front pad site to be substantially completed by September 1,
22 2004, or totally completed by September 1, 2005. The developer requested a change to the
23 existing agreement to allow a mixed -use 4,500 square foot retail building on the pad site and the
24 restaurant in the existing building. In the negotiations with the developer on May 31, 2005, staff
25 requested the pad site be turned over to the city immediately in return for an amendment to the
26 development agreement which would allow the restaurant to not go on the pad site as originally
27 planned. The City staff, as an alternative option, requested a payment of $150,000 for an
28 amendment to the development agreement. This would allow the developer to construct the
29 4,500 square foot building in lieu of 6,000 square feet and move the restaurant to the main
30 building.
31
32 The developer was proposing a payment to the City in the amount of $100,000 to amend the
33 development agreement a week ago, which would allow them to put the 4,500 square foot
34 building on the front pad. They did come forward today with a memo agreeing to pay $150,000.
35
36 Mr. Morrison noted there is a copy of a petition included in the packet, which is presented by the
37 majority of the business owners in St. Anthony Village who feel Amcon should fulfill the
38 agreement they originally made and was approved.
39
40 Mr. Foster, of Foster & Brever, and a resident, complimented the Council on the results of the
41 survey. He took from the survey that overwhelmingly the city residents favor redevelopment.
42 That is what he is here to propose. There was less than 10% of the populace of the City that was
43 concerned about future growth. That indicates to him that those that would be opposed to
44 development in the City are about 10 %. He asked that as he explained his proposal, the Council
45 consider that statistic.
46
City Council Regular Meeting Minutes
June 14, 2005
Page 7
1 He gave a basic overview. What the developer came back with in this proposal is that market
2 value has changed. A 6,000 square foot restaurant on that site is too big of a building. The pad
3 site was always deemed to be tight, but upon further review, it was determined it was too big of a
4 building. Everyone that has reviewed this, including discussions with City Staff, indicated that
5 this is a better use of that site. The Planning Commission unanimously approved all the variance
6 requests with the exception of a drive through. That drive through was eliminated, and instead, a
7 landscaped patio was added. He said his client thinks this has accomplished everything the City
8 had requested. He introduced Paul Tucci to review the plan as proposed.
10 Mr. Paul Tucci, Oppidan Inc., explained he was hired by the ownership entity to shepherd this
11 project to completion. He said they have reviewed the plan to remove the 6,000 square foot
12 building and change it to a 4,500 square foot building. Oppidan has come into the process after
13 the die was cast. He said that 6,000 square feet seemed a bit large. Then through market
14 conditions and their operations, a restaurant group did not follow through. A few more players
15 came in, but the group that Mr. Foster represents is ready to go on the end cap with 4,500 square
16 feet. They propose that a smaller restaurant will give a better project and the parking will work
17 better. As previously noted, the original drive through planned has been eliminated, and a patio
18 added. The petitioner's landscape architect as met with the City's landscape architect in order to
19 carry the look from the front to the sides of the building. He noted that the north elevation of the
20 building has changed to make it look more like the front of the building. Glass will be added,
21 though it will be opaque. It will look like the front of the building, but it will be the back
22 operations.
23
24 Councilmember Horst questioned what would be seen from the street.
25
26 Mr. Tucci responded the service doors would be seen. These would be used for deliveries and to
27 take out the garbage. The doors will be glass doors like the front rather than steel doors that
28 would normally be on the back of the building.
29
30 Councilmember Horst asked what the materials would be.
31
32 Mr. Tucci replied it will be efface and brick, and wall sconces that match what is on the front.
33 The existing building doesn't carry the look of the front to the back. Because the back faces the
34 street, they were told to make it look more like the front of the building. The sides will have the
35 same look as the front and the trash will be in an enclosure on the west side.
36
37 Mr. Tucci said the setback variance is extended to 12 feet on one side. Though the burden of the
38 number of parking stalls is lessened, a variance is still needed on the Highway 88 side.
39
40 Mayor Faust asked if there were any questions.
41
42 Councilmember Stille said he has been considering this development for months and years. The
43 use does not seem to be coming together. A family restaurant grill was desired along with a
44 possible use of pull tabs. This seems to be more of a bar. This is not the same use. He said he
45 cannot be in favor of this development agreement. As planned in the beginning, it was important
46 that a Spectator site restaurant was put there. This end cap of 3,500 square feet does not meet the
47 need. The other issue that he said bothers him is the communication. In the September 14
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June 14, 2005
Page 8
1 Council meeting, communication was discussed because it was a concern then. The 12 -month
2 grace period was being entered. During that 12 -month grace period, there was supposed to be
3 efforts made to communicate periodically with the Council and the City. He had asked for
4 monthly updates even if nothing was going on. He did not receive any communication until 60
5 or 90 days ago. He said it is best to leave the development agreement as it is. The new terms are
6 a major change from what was initially envisioned.
8 Councilmember Horst clarified Mr. Winkels and the City had talked a couple of years ago. The
9 original proposal mentioned a 5,000 square foot building. He remembered it was Spectators that
10 wanted to move into more square footage.
11
12 Mr. Winkels said the ultimate design ended up being 6,000 square feet, and it was what
13 Spectators was looking at. It was what Spectators wanted, and not necessarily what the
14 developer wanted. For a variety of reasons that didn't happen. The 6,000 square feet number
15 came up because that it what they wanted.
16
17 Councilmember Horst asked if 5,000 square feet is more reasonable.
18
19 Mr. Winkels answered that as they look at it now, they think the new proposal fits better. The
20 parking demand and need for variances is reduced. He said that in discussions with City Staff,
21 they'd agreed that if the City wanted the larger square feet in the corner, they would do it, but
22 they did not think it made the best planning sense.
23
24 Councilmember Horst said he read in the minutes of a Council meeting he missed that Mr.
25 Winkels replied to a question saying that if the Council wanted a restaurant on the corner, that
26 they would comply, but it should be at 4,500 square foot. He asked if he was referring to
27 Building B, or the end cap of the current building.
28
29 Mr. Winkels said that his response was that if the Council wanted that restaurant on the corner
30 rather than on the end cap, they would do that. He still thought 4,500 square feet was better. But
31 if that was their desire they would do that.
32
33 Councilmember Horst said he understands the owners had proposed 3,500 square feet on the end
34 cap.
35
36 Mr. Winkels concurred, stating the plan is for 3,500 square feet. They indicated it could be too
37 tight for them and they would be willing to take some more space. He said he would be willing
38 to build a 4,500 square foot building on the point, and would do a 6,000 square foot building, but
39 he didn't think it would be appropriate.
40
41 Councilmember Horst noted they talked about that end cap more than a couple times. It has
42 always appeared that that there was never a question that H &R Block would be moved. Now it
43 has come up that they could be moved for the expansion. Expansion was not an issue in the
44 beginning, but it seems to be an issue.
45
46 Mr. Tucci said there is an H &R Block next to them. He said he has had no discussion of
47 relocating them.
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June 14, 2005
Page 9
Councilmember Horst questioned how the 4,500 square feet building would work.
4 Mr. Tucci said that they would be put in the new building at 4,500 square feet out on the point.
6 Councilmember Horst questioned how the name ended up being Huskies.
7
8 Mr. Foster said Huskies is no longer the name of it. The Planning Commission voted that down.
9 Since the last meeting, and as the result of questions from Council, they hired a marketing person
10 to review what the City wants in terms of a restaurant. That marketing person interviewed a
11 number of area residents. They did not want a bar, and don't want a chain -type model in there.
12 They want a local place that had some ambience they could come to as a local neighborhood
13 restaurant that had liquor. The marketing person reviewed four different concepts: a
14 vintage /university theme; St. Anthony Pride; European pub; and location descriptor such as
15 Terrace or Grill. The developer has reviewed all of those and the concept they feel that would
16 work best is a name such as the Village Pub or Villager Pub and would have a European feel. It
17 would have TVs to view sporting events. It would be an upscale sports bar. He referred to
18 Councilmember Stille's earlier comment that it could look like the Jackson Street Grill in Anoka
19 and stated it would not. They would tailor the restaurant to meet what the community is looking
20 for. He has talked with the potential restaurant owners, and if the City makes the decision they
21 do not want them in the end cap, they would go out in a 4,500 square foot outlot building. It is
22 always difficult when professional staff that is experienced in development is asked to give and
23 opinion of what would work, and their recommendation is basically the same as from the
24 Council. He said they are trying to reach the happy medium. He said as a representative of the
25 group, and as a resident, he doesn't think the answer is for the City to take back that land. He
26 mentioned Trillium Park across the street as being a non -used park, though it does make a great
27 entrance into the city. However, it has no value for tax purposes.
28
29 Councilmember Horst stated along that line, the Council showed they are willing to redevelop
30 and showed good faith for two years to develop that land. It is only after frustration on that
31 project the Council is mentioning the possibility of taking it back. It is not his preference. He is
32 looking for something to enhance the City. What is being proposed is a concept; the Council
33 cannot see what it will look like, or even be sure it will be followed through. He said he wants to
34 see what it looks like in order to consider variances. He said the City was set to work like this
35 with Spectators because they had a good idea of what Spectators would look like. He had lunch
36 at Jackson Street and he saw what can be done. He said it appears to him that the building here
37 is designed more for retail and he can't imagine putting a bar in there. He said he does want to
38 see the developer put something in there and he would be willing to look at other options. He
39 wants to see what a proposed bar /restaurant looks like before he gives any approvals.
40
41 Mayor Faust noted the Jackson Street Bar was a hardware store, so it is evident what can be done
42 to a building. He noted a backroom service area is needed. He said at 3,500 square feet for a
43 bar, there is not enough space for a full fledged bar. The 6,000 square foot proposal was
44 probably what is needed for a full restaurant.
45
46 Councilmember Gray said he does want to see this. The $150,000 offer is a great offer. With
47 the building at 3,500 square feet, he said he has a hard time seeing how we would get to 50%
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June 14, 2005
Page 10
1 food in sales there. He said it doesn't seem to make sense. He would be more in favor of putting
2 the restaurant on the point, and felt it would have a better chance of making it and be more in
3 line of what the community wants. He said he feels the end cap would turn into a bar.
4
5 Councilmember Thuesen said there have been many months to think about this project. Some
6 good things have come of it. He said the City can be proud of the new liquor stores, as they are
7 an asset to the community. He noted he has been on the Council seven years, and has been part
8 of many decisions. He has been able to gather information and come to decisions feeling
9 strongly in the way he wants to go. He said he does not feel strongly this time. He has come to
10 the conclusion that a bar /restaurant on the end cap at 3,500 square feet does not feel right. He
11 said whatever is done with the existing pad must be done right. This is an important gateway
12 into the community. Having a restaurant on the end cap is something he cannot support. He said
13 he does appreciate the $150,000 payment offer and does appreciate the negotiations that happen
14 there. He said he is open to the possibility of it going in the open pad; however a bar cannot go
15 in there.
16
17 Mayor Faust said he heard talk about the $150,000 and it is a significant amount of money. In
18 terms of what this means to the citizens, he said there was a report from the Finance Director.
19 When the City took over the funding from the school on the levy, which was $52,000, the report
20 said it would increase the taxes $5 per average median house, which is in the $200,000 to
21 $220,000 range. Therefore, the $150,000 would equate to a $15 one -time payment reduction in
22 taxes and then it is not so overwhelming. He made the observation that the Planning
23 Commission didn't have the benefit of the development agreement when they looked at this. He
24 said the Council should not disparage what the Planning Commission did, therefore. As a
25 sidelight, he said he received a call from Dunn Brothers that they found out they would not get a
26 drive through, and they were lobbying him for that. That drive through was withdrawn three
27 weeks ago and evidently the communication does not work both ways.
28
29 Councilmember Horst stated he would like to see some flexibility in the development agreement
30 at this point. If the 6,000 square foot restaurant is not feasible or practical, it can be worked
31 with. As a reasonable body, the Council ought to see how we can work with this developer and
32 get the project back on the track. He said this is falling of the track and we are stumbling. He
33 suggested looking at a more realistic approach, perhaps regarding pull tabs or size. He said he
34 did not want to see this project go away
35
36 Mayor Faust gave the reminder that the Council is only looking at the development agreement,
37 and it is just a concept at this point. The Council must act on the Resolution before them. Then
38 it is incumbent on the developer to come back with something that is more fleshed out. After
39 that, the development agreement can be looked at again. There is a reason we have these
40 development agreements which is to give us a vehicle to have discussions with the developers.
41
42 Motion by Councilmember Horst, seconded by Councilmember Gray, to deny Resolution 05-
43 044, re: Amendment to Developer Agreement between the City of St. Anthony and Amcon,
44 LLC.
45
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June 14, 2005
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Mayor Faust noted changes to be made to the Resolution under the second "Whereas" change the
date from September 2005 to 2004; and in the last paragraph, change $100,000 to $150,000 as
per the City Manager.
Motion carried unanimously.
Mr. Foster requested to withdraw from consideration Resolutions 05 -045, 05 -046, 05 -047, and
05 -048.
Motion by Councilmember Horst, seconded by Councilmember Gray, to accept the withdrawal
of Resolutions 05 -045, 05 -046, 05 -047, and 05 -048 per the petitioner's request.
Motion carried unanimously.
B. Consider Resolution 05 -045, re: A Conditional Use Permit to allow a restaurant within
250 feet of a residential property for the development located at 2714 Highway 88
Item withdrawn at the request of petitioner.
C. Consider Resolution 05 -046. re: Adopt a variance for building setback for the
development located at 2900 Kenzie Terrace.
Item withdrawn at the request of petitioner.
D. Consider Resolution 05 -047 re: Adopt a variance for parking for the development
located at 2900 Kenzie Terrace.
Item withdrawn at the request of petitioner.
E. Consider Resolution 05 -048, re: Approving intoxicating liquor license for St. Anthony
Restaurant Group, dba Huskies Restaurant and Bar.
Item withdrawn at the request of petitioner.
GENERAL BUSINESS OF COUNCIL.
A. Presentation of 2004 City and Housing and Redevelopment Authoritv Audits. Stuart
Bonniwell, City Auditor presenting. Resolution 05 -049. re: Approve the 2004 Budget
Amendment and City Audit.
City Auditor Stuart Bonniwell summarized the main points of the events of the previous year.
He noted there is a General Fund balance of $1,173,965, which is an increase over what it was at
the end of 2003. The largest change was in the Capital Project Funds and this was due to the
expenditure of bond proceeds that we had issued in 2003 or our public facilities project.
The General Fund balance had a slight increase of almost $32,000. He noted the biggest change
in the budget was in the building permit category. This is in part due to the Apache Plaza
redevelopment. He said he would request the City approve a resolution revising the original
budget to $4,164,000. The expenses of the original budget compared to the revised budget looks
like the City overspent. However it was due to building permits. This may rise again in 2005
and then level off.
City Council Regular Meeting Minutes
June 14, 2005
Page 12
1 Mayor Faust said it is important to note that the City waited to know the actual numbers in
2 conjunction with Silver Lake Village construction. The 2004 budget the City didn't know what
3 the building permit revenue and costs would be, so it was purposely not put in the budget and left
4 to balance when the numbers were known.
6 Mr. Bonniwell said in the General Fund Reserves, $1,007,360 was designated for working
7 capital this year. The City receives their funds twice a year. The tax settlements come in July
8 and September. The City has to operate six months without 50% of the revenue, and this is why
9 the $1,173,965 is needed. He explained the self - insurance reserves and the unemployment and
10 contracts funds which will be explained in a future slide. The total fund balance in the General
11 Fund Reserves is $1,173,965. One of the goals is to get the fund balance to be 30% to 35% of
12 the current year's budget. We are maintaining our goal of getting to this percent, and
13 simultaneously are maintaining our A -1 bond rating.
14
15 The Police Contracts show revenue of $703,847. The expenditures are $636,106, which includes
16 $35,000 for police vehicles.
17
18 St. Anthony Village Wine and Spirits Marketplace store opened in June of 2004. Silver Lake
19 Village moved and opened in the same month of September 2004, and both produce total
20 operating profits of $77,385.
21
22 Mr. Bonniwell summarized Utility Operations. The fund balance increase is $708,414. Funding
23 from sewer and water connections are one -time payments. The City has combined those with the
24 remaining balance from its water and sewer revenue bonds issued in 2003 to enhance the utility
25 system in the future. Water filtration had a slight surplus. He explained that $50,000 was
26 transferred out of water filtration fund for 2004 purchases.
27
28 Under the investment summary, the total investment income was slightly over $320,000. He
29 said the City does not take too much risk in investments.
30
31 The City's total debt is $22,650,000 which includes road improvement bonds, tax abatement
32 bonds, storm sewer revenue bonds water sewer revenue bonds, public facility/lease revenue,
33 liquor revenue bonds, equipment certificates and tax increment bonds.
34
35 He pointed out there is a zero balance in the comp -time liability fund. The current funds on hand
36 are $188,637 in the Severance Fund.
37
38 The audit recommendations include a uniform allowance. There are new IRS regulations that
39 the uniform allowance be subject to federal and state taxes, and the process must now be paid as
40 part of the payroll process so it can be accounted for on the W -2s. He explained that the City has
41 a nonaccountable plan in that they do not require the Police and Fire departments to provide a
42 plan of the money they spend. The payments can be made by separate check. He suggested
43 creating a set of fixed asset records in a three ring binder.
44
45 Mr. Bonniwell concluded by noting he recommends the City should amend the General Fund
46 Operating Budget to $4,164,000 to include the building permits. He also recommended
City Council Regular Meeting Minutes
June 14, 2005
Page 13
eliminating the check cashing change fund in liquor operations. It is no longer needed for off -
sale operation. This recommendation has been implemented by staff and completed.
Mayor Faust questioned whether a motion should be made on any recommendations made.
Mr. Morrison responded this resolution approves the budget and amends it.
8 Motion by Councilmember Gray, seconded by Councilmember Horst, to approve Resolution 05-
9 049 re: A Resolution Approving the Audit of the City of St. Anthony for the Year Ended
10 December 31, 2004.
11
12 Motion carried unanimously.
13
14 B. Resolution 05- 050; Interfund fund loan for TIF District 3 -5 (Apache Redevelopment)
15 Stuart Bonniwell, City Auditor presenting.
16 Mr. Bonniwell stated the new TIF district has incurred some expenses. With state guidelines
17 being more stringent, the TIF districts are not allowed to rim a deficit. The resolution before the
18 Council allows the authorizing of internal loans.
19
20 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve Resolution
21 05 -050 re: Authorizing Internal Loans for Advance of Public Redevelopment Costs in
22 Connection with Tax Increment Financing District No. 3 -5.
23
24 Motion carried unanimously.
25
26 C. Resolution 05 -051, Requesting interested residents to submit letters of interest for a task
27 force to assist with the design of Silver Lake Road.
28 City Manager Mike Morrison stated this has been discussed in previous meetings. This has been
29 a priority in planning goals. The Resolution is the first step in this process, which is the
30 establishment of a Silver Lake Road Task Force. Interested applicants have until August 1, 2005
31 to send a letter to the City Manager to express their interest in said task force. The City Council
32 will appoint Task Force members at their August 9, 2005 meeting. The Task Force first meeting
33 will be August 22, 2005. They will meet the fourth Monday of the month for approximately six
34 months, with a presentation to the Council in March. The City Staff that would be involved is
35 Jay Hartman, Todd Hubmer, a representative from the County, and a staff member from
36 Commissioner Stenglein's office.
37
38 Motion by Councilmember Thuesen, seconded by Councilmember Horst, to approve Resolution
39 05 -051 re: A Resolution Establishing a Silver Lake Road Task Force and Appointing Members
40 Thereto.
41
42 Motion carried unanimouslv.
43
44 D. Ordinance 05 -006; Amendment to Dog Ordinance. 2nd reading
45 Mayor Faust noted this Amendment states that any animal noise, which occurs repeatedly over at
46 least 5- minute period of time with a one minute or less lapse of time between each animal noise
47 during the 5- minute period will be considered a nuisance.
City Council Regular Meeting Minutes
June 14, 2005
Page 14
2 Motion by Councilmember Horst, seconded by Councilmember Gray, to approve Ordinance 05-
3 006, re: An Ordinance to amend the section 1210 Subdivision 1; Certain animals declared
4 nuisances.
6 Motion carried unanimously.
7
8 E. Ordinance 05 -007: Amendment to Ordinance 1130.03 subd. G. 3rd readin
9 Mayor Faust said the first and second reading is going to be waived.
10
11 City Manager Mike Morrison said this is a request from the Police Department. The current
12 ordinance is extremely weak. This amendment would allow criminal history checks to be
13 conducted on solicitors. The request is that the Council waive the first two readings, since this is
14 an immediate issue.
15
16 Councilmember Thuesen asked if the results of a criminal history check would have to be
17 received before anyone could sell items door to door. Mr. Morrison said the results must be
18 received.
19
20 Mayor Faust asked if this would pertain to those selling firewood door to door. Mr. Morrison
21 answered it would. He added that this is in effort to protect the residents.
22
23 Mayor Faust noted that any solicitors should possess a permit, and if they cannot produce one, a
24 citizen should call the police.
25
26 Councilmember Gray asked how it would affect minors selling items for a nonprofit agency.
27 Mr. Morrison answered they are exempt.
28
29 Councilmember Thuesen asked if this would apply to the people that come to the door asking for
30 your signature on a petition for environmental issues, for example. Mr. Morrison said he would
31 check to see whether it does apply.
32
33 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Ordinance
34 2005 -007 re: An Ordinance to Amend the Section 1130.03 Conditions for Registration:
35 Subsection G and waive the first and second readings.
36
37 Motion carried unanimously,
38
39 F. Resolution 05 -052: Minnesota Department of Transportation contracts regarding Phase
40 III 39�h Avenue. Todd Hubmer. WSB, presenting,
41 City Manager Mike Momson explained this is for the Federal Aid Funds for the Phase III
42 improvements.
43
44 Motion by Councilmember Horst, seconded by Councilmember Thuesen, to approve Resolution
45 05 -052 re: A Resolution Appointing the Commissioner of Transportation as Agent of the City to
46 Accept Federal Aid Funds.
47
City Council Regular Meeting Minutes
June 14, 2005
Page 15
1 Motion carried unanimously.
2
3 VIII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
4 City Manager Morrison reported the following:
5 • Due to the active Council schedules recently, the July 12 meeting may not need to be
6 held. This can be decided at the Council meeting on June 28. The work session
7 scheduled for August 2 may be changed to August 1 due to National Night Out.
9 • He will meet with Autumn Woods who is proposing a change to their plans from an
10 approved PUD a year ago. They are not under a time frame with a PUD. They may
11 present a new concept to the Planning Commission as early as next week.
12
13 • An amendment to the Silver Lake Development Agreement will be proposed at the
14 next meeting. There are a few issues that need to be resolved.
15
16 • Approval from Three Rivers Park District was received to put in a sign at County
17 Road E and Silver Lane.
18
19 • In the next two weeks, the State of the City Report that updates all the projects in the
20 City will be available.
21
22 Councilmember Thuesen thanked the Park Commission Chair for attending. He said Central
23 Park has many success stories. He suggested looking at how the baseball field is situated and
24 where foul balls fall. He said he would request this issue be discussed at a future work session.
25 He noted the fields are not all back to back, and there may be some limits to the protection that
26 can be provided.
27
28 Councilmember Gray reported he had the opportunity to judge a contest at Cub Foods within the
29 past couple weeks which was for community members of any age to use their creativity to build
30 something out of paper bags that would represent something in the community. It was a great
31 idea for community spirit. Each store is doing this in their community and there will be finals.
32
33 Councilmember Horst had no report.
34
35 Councilmember Stille noted residents may receive solicitation requests for silent auction items.
36 He explained Village Fest is not run by the City, but is run by a nonprofit organization. In large
37 part, the funding comes from donations and cash donations. The City Hall is a dropping point
38 for donations of items or cash. The cash donation program will provide recognition in the local
39 paper.
40
41 Mayor Faust indicated that he attended the MMPA on May 26. Beverly Aplikowski is the mayor
42 of Arden Hills, and she was elected president. The Vice President is the Mayor of New
43 Brighton, Steve Larson.
44
45 Mayor Faust also noted the Council met with the School Board on May 31. On June 2, the City
46 Council took a bus tour. He said Staff has been very busy on the goals set earlier in the year.
47
City Council Regular Meeting Minutes
June 14, 2005
Page 16
IX. COMMUNITY FORUM.
Mayor Faust invited residents to come forward at this time and address the Council on items that
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are not on the regular agenda.
Mary Bauer, 4000 Foss Road 9103, stated she has lived in the Village since 1957. She stated her
concern was Foss Road and said it was an accident waiting to happen. There are pedestrians on
both sides and strollers and vehicles. She asked the Council to consider putting a speed counter
on the road to slow down the speed. She said many of the drivers come around the curves fast.
Mayor Faust said the City Manager will be talking to the appropriate departments. He noted
residents can work with Public Works to obtain signs.
Ms. Bauer said she was told to appear before the Council with her concern.
John Mondati, 3420 High Crest Road, stated he worked on Trillium Park for four years. He
donated an elm tree worth $300. He said it is a nice park, but it could use some improvements.
He suggested an arbor be added and a love seat underneath. He offered to pay for the roses to go
around the top of the arbor to beautify it.
Mayor Faust moved forward with the agenda.
INFORMATION AND ANNOUNCEMENTS.
Mayor Faust noted that the Chamber of Commerce is sponsoring the second annual greenhouse
project. If any resident has a beautiful yard that beautifies the city, they should enter it.
MISCELLANEOUS INFORMATIONAL DOCUMENTS.
None.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 9:28 p.m.
Respectfully submitted,
Chris Moksnes
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
ayor