HomeMy WebLinkAboutCC MINUTES 092720051 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 September 27, 2005
4
5 CALL TO ORDER.
6 Mayor Faust called the meeting to order at 7:01 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 Momson and City Attorney Jerome Gilligan.
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16
17 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
18 ITEMS.
19
20 I. APPROVAL OF SEPTEMBER 27, 2005 CITY COUNCIL MEETING AGENDA.
21 Motion by Councilmember Horst, seconded by Councilmember Stille, to approve the City
22 Council Meeting Agenda of September 27, 2005.
23
24 Motion carried unanimously.
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26 11. PROCLAMATIONS AND RECOGNITIONS.
27 A. St. Anthony Chamber of Commerce regarding Silver Lake Village Fall Fest.
28 Mayor Faust read the letter submitted by George H. Wagner, Executive Director, Chamber of
29 Commerce. The letter requested the City provide "in- kind" donations to include police and fire
30 protection, public works, power, and picnic table set up. He encouraged all residents to attend.
31
32 III. CONSENT AGENDA.
33 A. Consider September 13, 2005 Council meeting minutes.
34 B. Consider licenses and permits.
35 C. Consider payment of claims.
36 D. Resolution 05 -074, re: Consider approval of election judges for general election
37 November 8`°
38
39 Councilmember Stille requested the removal of Consent Agenda Item A.
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41 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the Consent
42 Agenda items B, C, and D.
43
44 Motion carried unanimously.
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46 A. Consider September 13, 2005 Council meeting minutes.
!yl
48 Councilmember Stille stated on Section 4, Item A, the vote was Stille aye and Thuesen nay.
M,
City Council Regular Meeting Minutes
September 27, 2005
Page 2
1 Motion by Councilmember Stille, seconded by Councilmember Thuesen, to approve the
2 September 13, 2005 Council meeting minutes, as amended.
Ayes — 3. Nay — 0. Abstain — 2 (Horst and Gray) Motion Carried.
6 IV. PUBLIC HEARINGS.
7 A. Consider Resolution 05 -075, re: intoxicating liquor license for St. Anthony Restaurant
8 Group.
9 Mayor Faust opened the public hearing at 7:08 p.m.
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11 Mr. Mornson stated the liquor license request was withdrawn in July 2005 due to plans. The
12 police department conducted a background investigation and found nothing that does not allow
13 them to obtain a license.
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15 Councilmember Stille stated the application has a lot of blanks, and asked if it is a draft. He
16 noted several examples including, page 3, the amount of investment, and page 1, the name of the
17 business. Mr. Mornson replied the City only needs information on the principal owners to do a
18 background check. He added some items are still being negotiated.
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20 Robert Foster, Attorney, representing the applicant, St. Anthony Restaurant Group, stated the
21 lease was signed today. He noted the construction company, Amcon Development, has informed
22 him the building permits are in. He anticipates construction will begin as soon as the liquor
23 license is approved. He added when the paperwork was submitted a few weeks ago the lease
24 terms were still being negotiated and they are now in a position to finalize it.
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26 Councilmember Horst asked if they have decided on a name. Guy Peterson, principal owner,
27 replied The Village Grill and Bar.
28
29 Dennis Cavanaugh, 2909 St. Anthony Blvd, stated this issue is difficult because it is not about a
30 liquor license, but a restaurant. He noted he is worried the City is getting too much of a bar, that
31 it does not feel like a restaurant, and that quality of life will be diminished. He noted he is also
32 worried it is not for the community, that it would attract motorcycles and, again, that it is going
33 to be a bar. He added he feels the operators do not have the passion for coming to the City and
34 helping the community. He recommended Council not grant the license.
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36 Mayor Faust closed the public hearing at 7:18 p.m.
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38 Councilmember Horst stated previous meetings focused on the community's concerns and it was
39 clearly pointed out that this must be a family -style restaurant, not a bar. He added Council
40 agreed the operator deserves a chance. He added Council couldn't stop a business from coming
41 into the City because of a license. He encouraged Council support the resolution.
42
43 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to approve Resolution
44 05 -075; Intoxicating liquor license for St. Anthony Restaurant Group.
45
City Council Regular Meeting Minutes
September 27, 2005
Page 3
1 Councilmember Stille stated he will vote against this. He added the City sold themselves short
2 on the redevelopment agreement, there is not much of a business plan, and he is not impressed
3 with the operator, yet challenges him to be proved wrong.
4
5 Mayor Faust stated he intends to vote for the resolution although he had strong concerns a month
6 ago. He added Council voted to allow them in and they will fulfill the requirements or fail.
8 Councilmember Thuesen stated he will stand with the initial vote on assessments and believes
9 the operator understands Councils' concerns.
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11 Councilmember Gray stated he has reason to believe in the operator, they have a good plan, and
12 Council expects at least 50% food sales.
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14 Councilmember Stille reiterated he is voting no and understands they have entered into a
15 redevelopment agreement which needs to be honored.
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17 Ayes — 3, Nay —1 (Stille) Motion carried.
18
19 V. REPORTS FROM PLANNING COMMISSION, HEATH GALYON, PRESENTING.
20 A. Consider Resolution 05 -076, re: conditional use permit for Snyder's Drug Store at St.
21 Anthony Marketplace.
22 Commissioner Stromgren stated Snyder's is looking to relocate to the west of St. Anthony
23 Marketplace. This CUP, which the Commission approved with conditions, is for a drive -thru
24 window.
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26 Councilmember Thuesen asked if there would be fairly low usage and if there were peak times.
27 Commissioner Stromgren replied the usage would be low, generally senior citizens and parents
28 with children. He added he is not aware of any peak times. Dave Leonard, Snyder's Drug,
29 stated peak times vary by store but may be between 5:00 p.m. and 7:00 p.m.
30
31 Councilmember Thuesen asked if the window would be used only for prescriptions. He added
32 the open time seems a bit late, and asked if there was a discussion regarding hours. Mr. Leonard
33 replied yes, it is for drop off and pick up only. Commissioner Stromgren replied noted hours are
34 operation hours and are consistent with Snyder's corporate standard.
35
36 Councilmember Horst asked how it was decided to not allow a full canopy on the drive -thru.
37 Commissioner Stromgren replied it was not a request from the applicant. Mr. Leonard replied
38 there is no intention to match the canopy to what is there, they just need to protect the drawers.
39
40 Councilmember Stille asked if there was any discussion with regard to hours on weekends. He
41 also asked about neighborhood opposition. Commissioner Stromgren replied it is industry
42 standard that there is significantly reduced hours on the weekend. He added there is no
43 neighborhood opposition.
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45 Mayor Faust asked if esthetics would mimic what is currently there. He added limited hours on
46 Saturday and Sunday, as noted in the resolution, seems vague. Mr. Leonard replied there would
City Council Regular Meeting Minutes
September 27, 2005
Page 4
be an eight hour shift on Saturday and less than that on Sunday. He added the store has the
ability to stay open longer but pharmacy hours are less.
4 Mr. Gilligan pointed out that it should be noted the CUP runs with the Snyder's property,
5 otherwise somebody else could use it; therefore, Council may want to limit it Snyder's. Mayor
6 Faust replied "limited to the use of a pharmacy operation" will be added to the resolution under
7 the second WHEREAS, item 5.
8
9 Motion by Councilmember Thuesen, seconded by Councilmember Gray to approve Resolution
10 05 -076, re: conditional use permit for Snyder's Drug Store at St. Anthony Marketplace with the
11 addition of item S.
12
13 Motion carried unanimously.
14
15 B. Consider Resolution 05 -077, re: conditional use permit for International 49ers Group
16 This item was moved to later in the agenda.
17
18 C. Consider Resolution 05 -078, re: rezoning request 3645 Chelmsford Road.
19 Commissioner Stromgren stated this request was denied by the Planning Commission, the
20 applicant did not appearance at the public hearing, and there was a lack of submitted
21 information. He added the applicant has requested a withdrawal of the request.
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23 Motion by Councilmember Horst, seconded by Councilmember Stille to approve the applicant's
24 withdrawal of Resolution 05 -078, re: rezoning request 3645 Chelmsford Road.
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26 Motion carried unanimously.
27
28 B. Consider Resolution 05 -077, re: conditional use permit for International 49ers Group.
29 Commissioner Stromgren stated this CUP is a continuation of text change to allow catering
30 operations at the building. He reviewed the conditions.
31
32 Councilmember Stille asked what is the rationale for police notification. Commissioner
33 Stromgren replied it is a remote location.
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35 Motion by Councilmember Gray, seconded by Councilmember Thuesen to approve Resolution
36 05 -077, re: conditional use permit for International 49ers Group.
37
38 Motion carried unanimously.
39
40 D. Consider Resolution 05 -079, re: administrative subdivision of property on Kenzie
41 Terrace.
42 Commissioner Stromgren stated Kenzie properties is moving forward with plans to build on the
43 site and has agreed to combine these lots as a single plot.
44
45 Mayor Faust asked if this consideration is a combination to get the property on one pin number.
46 Mr. Gilligan replied the property includes parcels bought plus an existing piece. He asked if
47 there is a legal description. He noted the survey is dated 2005.
City Council Regular Meeting Minutes
September 27, 2005
Page 5
2 Motion by Councilmember Stille, seconded by Councilmember Gray to approve Resolution 05-
3 079, re: administrative subdivision of property on Kenzie Terrace.
4
5 Motion carried unanimously.
6
7 E. Consider Ordinance 2005 -010, re: egress window well.
8 Commissioner Stromgren reviewed the text amendment noting currently City code does not also
9 window wells as an encroachment. The Planning Commission decided the issue could be
10 handled adminsitratively and reviewed by the fire marshal rather than by a CUP.
11
12 Mayor Faust asked if any other cities ordinances have been reviewed regarding egress wells.
13 Commissioner Stromgren replied yes, they do not require any CUP process.
14
15 Councilmember Stille stated the permitting process would allow a building inspector or fire
16 marshal to impose a condition if needed. He asked if it is too close to a neighbor or there is a
17 safety issue could the marshal require them to fix it. Commissioner Stromgren replied wells are
18 allowed to not have guardrails or other protections. Mr. Gilligan replied the building official
19 could impose reasonable conditions for safety concerns.
20
21 Councilmember Stille stated if a neighbor has a concern a well is too close to their driveway, an
22 applicant could put up a fence, but this will not always happen so another mechanism is needed.
23 Mr. Gilligan replied there needs to be reasonable standards; the City could require improvements
24 or fencing to address safety concerns.
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26 Councilmember Horst stated something should be specified and asked the importance of wells
27 versus safety. Commissioner Stromgren replied the wells are a result of inner cities not having
28 conditions.
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30 Councilmember Stille stated it makes sense to table the amendment to add standard language.
31
32 Mayor Faust stated the amendment would be tabled for Staff review.
33
34 F. Consider Ordinance 2005 -011, re: zoning ordinance amendment — vehicle sales
35 Commissioner Stromgren stated the City is adding restrictions on vehicle sales, noting there is a
36 number of vehicles with sales signs parked at the school overnight and/or on the weekend.
37 Buildings are unoccupied during these times so police do not receive calls; and the property is
38 private which means the police are limited on taking action.
39
40 Councilmember Horst stated the ordinance protects the rights of people that want to sell their
41 vehicle.
42
43 Mayor Faust questioned the ordinance number.
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45 Motion by Councilmember Stille, seconded by Councilmember Thuesen to approve adding
46 Section 926 of the St. Anthony City Code, Restriction on Vehicle Sales.
47
City Council Regular Meeting Minutes
September 27, 2005
Page 6
Motion carried unanimously.
3 VI. GENERAL POLICY BUSINESS OF THE COUNCIL.
4 None.
6 VII. REPORTS FROM CITY MANAGER AND COUNCILMEMBERS.
7 City Manager Mornson reported the following:
8 • Thanked Staff for an excellent, quick response to the stone last week.
9 • September 28, from 9:30 a.m. to 11:00 a.m. there will be a Historical Society meeting.
10 • September 28, 6:00 p.m., at Emerald Park, there will be a walk - around.
11 • Met council meetings are coming up; Council received a three -year notification to update
12 the comp plan.
13 • A FEMA grant was applied for and $221,000 was received; the City will be buying a new
14 generator for the fire station and an exhaust system for the fire system.
15 • The International City Managers Conference is being held this week.
16 • There will be a Police Liability meeting put on by the League.
17 • The League annual conference is coming up.
18
19 Councilmember Stille noted the walk at Emerald Park is changed to 6:30 p.m.
20
21 Councilmember Horst stated he split his time between the Sister City meeting and the Silver
22 Lake Task Force meeting. The Sister City meeting discussion focused on the upcoming MN
23 Rocks Symposium being held at the St. Paul College Campus in spring, that St. Anthony is
24 participating in. He added he attended the St. Paul Arts Council meeting where they picked a
25 sculptor from Finland, who is coming to the symposium; his sculpture will be put on display at
26 Salo Park. St. Anthony has been asked to contribute money to assist with the artist's travel. The
27 Sister City Committee put together a pictorial "day in the life of a student" in St. Anthony.
28 Students took pictures of days in their life and traded with people in Salo Park. The Silver Lake
29 Task Force discussion focused on the recent hiring of a design company to work on roads. They
30 looked at two roads recently redone by Hennepin County and ideas were shared. The new
31 assignment is to look at what is important to the City as members of the Task Force, such as
32 pedestrians and turn lanes.
33
34 Councilmember Stille stated on September 22 he attended the New Brighton collaborative board
35 meeting. The collaborative is losing a share of their funding but there is a lot of enthusiasm for
36 the group. Discussions included how to engage parents and kids to be active in the community.
37 He added he would be reporting more after the first quarter meeting next year.
38
39 Councilmember Thuesen stated September 28 at 7:00 p.m., in New Brighton there will be the
40 final Town Hall meeting for the Ramsey County Library System. He added the object is to
41 gather input from residents on how the Ramsey County Library System should look in the future.
42
43 Councilmember Gray stated he, too, attended the Silver Lake Road Task Force meeting. They
44 are a great group of insightful people; attendance was 100 %. He added he appreciates that the
45 Hennepin County engineers came in with a blank slate and listened to input from the community.
46
City Council Regular Meeting Minutes
September 27, 2005
Page 7
1 Mayor Faust stated he attended a meeting with Ramsey County regarding recycling yard waste.
2 The City will start a pilot program, after a letter of agreement is signed, to take yard waste to the
3 Ramsey County drop off site. He thanked the City Staff for their hard work during the storm.
4 He added there are power lines under Silver Lake Road and if more were underground this
5 would free up some workers; therefore, the City should look at this option.
6
7 VIII. COMMUNITY FORUM.
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20 IX.
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27 X.
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30 XI.
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33 Respectfully submitted,
34
35
36 Cheryl Felix
37 Timesaver Off Site Secretarial, Inc.
38
39
Mayor Faust invited residents to come forward at this time and address the Council on items that
are not on the regular agenda.
Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated he is part of a pilot project, which has
been meeting for more than a year, between the community center and Autumn Woods. He
noted they are grass roots; they have no Staff or funding. He noted on September 28 and on
October 20 they will be holding Medicare workshops. They have received a $15,000 grant from
United Health Group. They are contracted with the U of M to conduct a male survey later this
year, which they hope to share with Council. Mayor Faust replied Council would be happy to
hear the survey results. He added if any help is needed, such as putting information on the web
or on a reader board, let him know.
INFORMATION AND ANNOUNCEMENTS.
Mayor Faust stated the 2005 law summaries from League of MN Cities are out.
Mr. Mornson stated at the International City Managers Conference, attended by over 3,200 from
17 countries, there was a session on strategic planning which discussed the success of the
Village.
MISCELLANEOUS INFORMATIONAL DOCUMENTS.
None.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:26 p.m.
40 ATTEST:
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.0;1 F -W ;
Mayor