HomeMy WebLinkAboutCC MINUTES 03222011I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MARCH 22, 2011
4
5 CALL TO ORDER.
6
7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
16 Absent: None.
17 Also Present: City Manager Mike Morrison, Assistant City Manager Kim Moore Sykes, Police Chief
18 John Ohl, City Attorney Jerome Gilligan, Public Works Director Jay Hartman, and Jon
19 North (Ehlers & Associates)
20
21
22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
23 ITEMS.
24
25 I. APPROVAL OF MARCH 22, 2011 CITY COUNCIL MEETING AGENDA.
26
27 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
28 Council Meeting Agenda of March 22, 2011.
29
30 Motion carried unanimously.
31
32 I1. PROCLAMATIONS AND RECOGNITIONS.
33
34 None.
35
36 111. CONSENT AGENDA.
37
38 A. Consider March 8, 2011 Council meeting minutes;
39 B. Consider licenses and permits; and
40 C. Consider payment of claims.
41
42 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
43 Agenda items.
44
45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
City Council Regular Meeting Minutes
March 22, 2011
Page 2
2 V. REPORTS FROM COMMISSION AND STAFF.
3
4 A. Resolution 11 -027; Supporting the Preliminary Concept of a Veteran's Memorial
5 Monument within the City of St. Anthony Village. Doug Koehntop, Park Commission
6 Chair, presenting.
8 Mr. Doug Koehntop, Park Commission Chair, presented several examples of Veteran's
9 Memorials considered by the Park Commission at its last meeting. He advised that the Park
10 Commission proposes to install a memorial honoring military service that would be located in
11 the old horseshoe pits off Silver Lake Road between the fire station and City Hall where it has
12 visibility and accessibility. He stated that the Park Commission believes such a memorial will
13 not exceed $25,000. He noted that the Park Commission is requesting the City Council's
14 endorsement to proceed with developing a concept for the memorial for Council consideration,
15 and added that there appear to be a number of groups that would support the memorial, including
16 the Kiwanis, Lions, and Chamber of Commerce.
17
18 Public Works Director Hartman stated that setback requirements will be taken into consideration
19 once the concept is developed and noted that if the memorial will not fit at this location, it could
20 be located just to the west of the main parking lot.
21
22 Councilmember Roth asked if consideration had been given to locating the memorial to the south
23 of the fire station to avoid having to take away any parking.
24
25 Public Works Director Hartman replied in the affirmative and stated that that area could work as
26 well but the Park Commission's goal is to have as much visibility as possible for the memorial.
27
28 Councilmember Jenson asked who will be responsible for ongoing maintenance of the site.
29
30 Mayor Faust indicated that the memorial would be located on City property so it would be the
31 City's responsibility to maintain the grounds surrounding the memorial. He requested further
32 information regarding the City's ability to accept private donations for the Veteran's Memorial.
33
34 City Manager Momson advised that any private donations would be accepted by the Council via
35 resolution.
36
37 Councilmember Roth asked what would happen if the amount of funds received for this project
38 was in excess of actual project costs.
39
40 Mayor Faust stated that the City Council could dedicate any excess funds to maintenance costs
41 as part of the final resolution approving the project.
42
43 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
44 11 -027; Supporting the Preliminary Concept of a Veteran's Memorial Monument Located
45 Within the City of St. Anthony Village.
46
City Council Regular Meeting Minutes
March 22, 2011
Page 3
Motion carried unanimously.
3 VI. GENERAL BUSINESS OF COUNCIL.
4
5 A. Resolution 11 -028: Relating to $3,000,000 General Obligation Improvement Bonds,
6 Series 2011A; Awarding the Sale, Fixing the Form and Details and Providing for or the
7 Execution and Delivery Thereof and Security Therefor and Levying Ad Valorem Taxes
8 for the Payment Thereof. Jon North, Ehlers & Associates, presenting.
9
10 Mr. Jon North, Ehlers & Associates, presented the results of the General Obligation
11 Improvement Bonds sale held earlier today. He congratulated the City on the outstanding sale
12 results and explained that the City benefited from its excellent "AA" credit rating. He stated that
13 the purpose of the bond sale was to finance the 2011 road reconstruction project and also to
14 refund the 2012 -2019 maturities of the City's 2003A bonds, which results in interest rate savings
15 for the benefit of the taxpayer. He stated that the City received eight bids and the low bidder was
16 Morgan Keegan at a true interest cost of 2.9 %. He noted that the City saved approximately
17 $32,000 by utilizing a competitive bid process and the City was able to get a premium bid which
18 means there will be more money to put into the project fund. He advised that due to low interest
19 rates, the present value savings represent approximately $63,000, compared to an anticipated
20 savings of $54,000. He then presented the bid tabulations and summary sheet detailing expense
21 revenue streams to support the bonds.
22
23 Councilmember Stille pointed out that the City's refinancing of the 2003A bonds does not extend
24 the amortization period.
25
26 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution
27 11 -028; Relating to $3,000,000 General Obligation Improvement Bonds, Series 2011A;
28 Awarding the Sale, Fixing the Form and Details and Providing for the Execution and Delivery
29 Thereof and Security Therefor and Levying Ad Valorem Taxes for the Payment Thereof.
30
31 Motiou carried unanimouslv.
32
33 B. Ordinance 11 -001; Relating to o Regulation of Tobacco Sales, Amending Section 111 of
34 the St. Anthony City Code. Kim Moore Sykes, Assistant City Manager, presenting.
35
36 Assistant City Manager Moore Sykes advised that in 2007, Governor Pawlenty signed an
37 amendment to the Freedom to Breathe Act that allowed sampling of tobacco and which also gave
38 local jurisdictions the authority to adopt amendments that are more restrictive in allowing this
39 sampling. She indicated that the City currently has eleven vendors with tobacco licenses and all
40 license holders were mailed notice of the proposed amendments to the tobacco ordinance. She
41 then reviewed each of the proposed amendments with the City Council. She also recited the
42 schedule for the ordinance amendments as contained in the March 22, 2011 staff report.
43
44 Mayor Faust stated that the City will still allow sales of tobacco products, but does not believe
45 sampling of these products is in the best interest of the community, as provided in § 111.057.
46
City Council Regular Meeting Minutes
March 22, 2011
Page 4
City Attorney Gilligan stated that this is correct and noted that this provision will be modified
slightly for the second reading.
4 Councilmember Roth requested clarification regarding § 111.049(F) and asked if the City would
5 deny a license to sell tobacco to someone who rents space and is not the property owner.
6
7 City Attorney Gilligan replied in the affirmative.
8
9 Mayor Faust stated that this provision was added because most businesses pay a common area
10 maintenance charge that includes property taxes and this will protect the City in the event
11 property taxes are delinquent.
12
13 Mr. Eric Brever, attorney for Flameez Shop, 3805 Stinson Boulevard, appeared before the City
14 Council and stated that his client feels frustrated by this process and objects to § 111.057 relating
15 to sampling. He explained that as part of obtaining its license, his client was required to expend
16 approximately $180,000 to upgrade the ventilation system for its leaseholder as a requirement of
17 the City Code in order to open its tobacco shop. He stated that under the new ordinance, his
18 client's business will not be in existence and the $180,000 expense will be for naught. He added
19 that his client would not have upgraded the ventilation system had they known this ordinance
20 amendment was coming, and his client strongly urged the City Council to reconsider allowing
21 this use for existing licensees.
22
23 Councilmember Roth stated it was his understanding that the definition of sample means that
24 something is free and asked Mr. Brever if his client offers free samples. He also asked how this
25 ordinance would put Mr. Brever's client out of business.
26
27 Mr. Brever stated that the statutory definition of sample does not require that it be free. He
28 added that with tobacco products, samples generally have to be paid for and cannot be given
29 away. He indicated that the definition of sample includes to "try or taste or test" and this "try or
30 taste or test" could be for a fee, and his client provides sampling for a fee.
31
32 Mayor Faust stated that when Mr. Brever's client applied for its tobacco license, the City
33 instituted a moratorium to study sampling in tobacco shops and that moratorium should have
34 indicated to Mr. Brevet's client whether it was prudent to spend $180,000 to upgrade the
35 ventilation system. He added that nine of the eleven tobacco license holders do not offer
36 sampling and the proposed amendments will serve to level the playing field and meet the intent
37 of the City Council.
38
39 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Ordinance 11-
40 001; Relating to Regulation of Tobacco Sales, Amending Section 111 of the St. Anthony City
41 Code.
42
43 City Attorney Gilligan suggested that § 111.057 be amended to read "§ 111.057 °DLC
44 SMOKING PROHIBITED. It shall be unlawful for the
45 lighting, inhalation, exhalation or combination thereof of tobacco, tobacco products, or tobacco
City Council Regular Meeting Minutes
March 22, 2011
Page 5
related devices by any person in any retail establishment for the purpose of testing ...... plif,, a
Councilmember Roth accepted the friendly amendment.
Councilmember Stille seconded the friendly amendment.
8 Motion carried unanimously.
9
10 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
11
12 City Manager Morrison reported on the following:
13 • Census information has been received indicating a population of 8,226, up from 8,012.
14 • April 12 City Council meeting will include a quarterly goals update.
15 • Three Rivers staff will conduct a controlled burn on two acres of vegetation in April at
16 Silverwood Park.
17 • Fire Department pancake breakfast on April 9 at Applebee's from 8:00 -10:00 a.m.
18 • The City received approval of its housing plan for the Livable Communities Act from the
19 Met Council.
20 • March 10 Metro City Managers meeting included a legislative update.
21 • March 14 meeting with Ramsey County officials regarding the Vikings football stadium.
22 • Participation in the March 19 Pinewood derby on behalf of the administration staff.
23 • Letter from Fortin Consulting, Inc. acknowledging Brady Panitzkes. The letter was read
24 into the record.
25
26 Mayor Faust extended the City Council's appreciation to Mr. Panitzkes for his dedicated service
27 and stated that this type of acknowledgment brings great credit to the City, the Public Works
28 Department, and the City's employees.
29
30 Councilmember Stille discussed the Pinewood derby event held on March 19.
31
32 Councilmember Gray: No report.
33
34 Councilmember Jenson reported on his attendance at the joint meetings held last week with the
35 Planning Commission and Park Commission.
36
37 Councilmember Roth reported on his attendance at an open house held on March 10 at the North
38 Suburban Cable Commission's new offices. He stated that demolition has begun and
39 reconstruction will be completed by the middle of June.
40
41 Mayor Faust reported on the following:
42 • March 9, 2011 Kiwanis meeting
43 • March 11, 2011 attendance at a Future Minnesota League Cities project meeting
44 • March 14, 2011 work session with Park Commission
45 • March 15, 2011 joint meeting with Planning Commission
46 • March 15, 2011 Chamber of Commerce presentation regarding the City's goals
City Council Regular Meeting Minutes
March 22, 2011
Page 6
1 • Presentation of DVD regarding winter maintenance for small sites provided to local
2 churches. One copy of the DVD will be retained at City Hall and the 20 minute video is
3 available on the MPCA's website.
4
5 VIII. COMMUNITY FORUM.
6
7 Mayor Faust invited residents to come forward at this time and address the Council on items that
8 are not on the regular agenda.
9
10 Hearing none, Mayor Faust moved forward with the agenda.
11
12 IX. INFORMATION AND ANNOUNCEMENTS.
13
14 None.
15
16 X. ADJOURNMENT.
17
18 Mayor Faust adjourned the meeting at 7:55 p.m.
19
20
21 Respectfully submitted,
22
23
24 Barbara Hughes /
25 Timesaver Off Site Secretarial, Inc. e 1 7j
26
27 ayor
28 ATTEST:
29 City Cleik (—T
30