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HomeMy WebLinkAboutCC MINUTES 021420171 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 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 14, 2017 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. ROLL CALL. Present: Mayor Faust; Councilmembers Brever, Gray, Jenson, and Stille. Absent: None. Also Present: City Planner Breanne Rothstein, Attorney Phil Steger, Assistant to the City Manager, Charlie Yunker and Finance Director Shelly Rueckert. Guests: None. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF FEBRUARY 14, 2017 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve the City Council Meeting Agenda of February 14, 2017. Motion carried 5 -0. II. PROCLAMATIONS AND RECOGNITIONS - NONE II1. CONSENT AGENDA. A. Approval of January 24, 2017, City Council meeting minutes B. Licenses and Permits. C. Claims. D. Resolution 17 -024; a Resolution Appointing Councilmember Jenson as an Alternate to North Suburban Access Corporation and North Suburban Communications Commission for 2017. Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent Agenda items. IV. PUBLIC HEARING — NONE. Motion carried 5 -0. City Council Regular Meeting Minutes February 14, 2017 Page 2 V. REPORTS FROM COMMISSION AND STAFF — NONE. 3 VI. GENERAL BUSINESS OF COUNCIL. 4 A. Resolution 17 -025, a Resolution Issuing a Negative Declaration of Need for an Environmental Impact Statement for The Village, LLC Redevelopment. 8 City Planner Breanne Rothstein reviewed an Environmental Assessment Worksheet (EAW) is a 9 statutorily required document for large projects that provides analysis about a project's impacts 10 to specific environmental, water resource, transportation, and other impacts. The analysis in an 11 EAW is used to determine if an Environmental Impact Statement (EIS) is required for a 12 proposed project. An EIS is required for a project with "potential for significant environmental 13 effects ". An EIS provides more information only about the potentially significant environmental 14 impacts for the categories that the EAW identified as potentially being significantly impacted by 15 the project. Any categories not covered in an EAW would also not be covered in an EIS. An 16 EAW or EIS is not a means to approve or disapprove a project. Ms. Rothstein stated these 17 documents provide information to inform an approval or denial decision at a later date. Once an 18 EAW or EIS is completed, a project can proceed to the land use review process and proceed with 19 obtaining a variety of other permits needed. The information contained in an EAW or EIS can be 20 used by permitting agencies to determine the standards and restrictions that apply to the project. 21 Each permitting agency has its own authority to issue or deny permits for the project. 22 23 Ms. Rothstein provided several examples of large residential projects that have required an 24 EAW. Examples of projects requiring an EIS were also provided. 25 26 Ms. Rothstein reviewed the decision before the City Council regarding the EAW is to decide 27 whether or not the project has the potential for significant environmental impacts that cannot be 28 addressed through the permitting process. If the Council determines that the project does not 29 have the potential for these significant environmental impacts, the Council should issue a 30 Negative Declaration of Need for an EIS. If the Council determines that the project does have the 31 potential for significant environmental impact that cannot be addressed through the permitting 32 and approval process, the Council should require an EIS. Based on the review completed by 33 WSB & Associates, it is recommended that an EIS is not needed for this project. 34 35 Ms. Rothstein noted the Preliminary Development Plan and the Preliminary Plat Review 36 will be reviewed at a future date. This will follow a process in the future and the City Council 37 will consider approval at a later date. The impacts will be reviewed for permitting and for 38 Council consideration at a future date. 39 40 Mr. Phil Steger stated this is part of MN Statute regarding environmental impacts of a project. 41 The EAW has been completed. He has reviewed the EAW and found no triggers indicating the 42 need for an EIS. None of the conditions were significant to require an EIS. The EAW goes 43 through the statutory factors and it can be concluded the conditions are common to these types of 44 projects and no EIS is required. 45 City Council Regular Meeting Minutes February 14, 2017 Page 3 1 Councilmember Stille asked about the process and how the decision this evening will affect the 2 process. Ms. Rothstein stated there are a variety of additional ways that people will have an 3 opportunity to comment. This is one of the very first steps in development review. The review 4 process will begin when an application is received and she noted it has not been received as of 5 yet. Mayor Faust stated this is the first baby step in the process. 9 Councilmember Brever stated there was concern on how some of the questions were answered to 10 the various government agencies. For example, the units per acre and asked if that is written in 11 stone. Ms. Rothstein stated the surrounding agencies are sent the document and given the 12 opportunity to comment. The comments have been addressed. The density, land use or storm 13 water on this property is not set. A worst -case scenario was used. The Development Plan is not 14 set in stone and everything will go through the Planning Commission and the City Council with 15 opportunity for public comment in the next few months. 16 17 Mayor Faust stated the sketch plan is a "wish list' because the developer is trying to put as much 18 into the project as they can. This is not approving 837 units. Mr. Steger stated this is the first step 19 in the permitting process. 20 21 Councilmember Stille stated there is a lot of data in the EAW and Dorsey needs to tell Council 22 how this project compares to other projects. This is the right thing to do. 23 24 Mayor Faust stated this was done 15 years ago for Silver Lake Village. The density for this 25 proposal will be similar to Silver Lake Village, which is still not completed as there are still a 26 few lots yet to be developed. Only an EAW was needed for that project. 27 28 Ms. Monique Dubois, 2601 Kenzie Terrace, asked about the process for the Comprehensive 29 Plan. She asked how much input the public has on the 2040 Comprehensive Plan and how does 30 this development fit into that plan. 31 32 Mayor Faust stated Comp Plans are done every 10 years. Currently we are living under the 2008 33 Comp Plan and the 2040 Plan is being worked on. There have been community visioning 34 sessions to obtain input from residents. Two Councilmembers are on the committee for the 35 Comprehensive Plan. Councilmember Stille stated they have been meeting regularly and this 36 Comprehensive Plan will be much more detailed than previous plans. Councilmember Jenson is 37 the other representative on the committee. Ms. Rothstein stated the documents are on the City 38 website and can be reviewed by anyone interested. 39 40 Councilmember Stille stated equity is a new component of the Comprehensive Plan. 41 42 Ms. Carol Weiler, 2312 St. Anthony Parkway, stated she met with some neighbors and they 43 realized not everyone was aware of the Lowry Grove redevelopment. She stated this is a good 44 opportunity to come together as a community. There was an informational meeting at St. Charles 45 February 13, 2017, where over 170 people attended including Commissioner Papatola and 46 Councilmember Brever. There were people from Minneapolis and St. Anthony. They went City Council Regular Meeting Minutes February 14, 2017 Page 4 1 through the information available on the website. She reviewed the highlights from the 2 comments, saying there were concerns about the traffic, school crossings, re- opening 26`h 3 Avenue, high density in the initial sketches and how that compares to the Comprehensive Plan. 4 Some said they wanted to see lower density with more single family homes. There was concern 5 about potable water and storm water. There was also concern about aesthetics of the parkway, 6 affordability of the housing, school enrollment, and rezoning. There were concerns expressed 7 about maintaining green space, impervious surfaces, flooding, maintaining some of the mature 8 trees and having it be a gateway to the City of St. Anthony. They want it a livable project for all 9 with walking paths and bike paths were also desired. 10 11 Mayor Faust stated the traffic study was created in the 1980's. The study that is done based on 12 current data the capacity of the roadway handles the increased traffic. School crossings will be 13 taken care of and 26`h Avenue is a viable street and it will be utilized. He explained the standards 14 for handling water will be met and affordability goes hand in glove with density. There will be 15 some standards for affordability. He noted the school population in St. Anthony is increasing. 16 This area will be rezoned depending on the EAW. The trees can be a liability and when 17 redevelopment is done, the root systems of the trees are destroyed. Mayor Faust stated it is 18 better to have streets flooding rather than basements. Green space is a negotiating issue, will be 19 discussed, and the market will determine the amenities. 20 21 Councilmember Stille mentioned St. Anthony Boulevard with a connection to Minneapolis for 22 the Grand Rounds. 23 24 Ms. Mel Chaput, 3537 Coolidge Street, stated she is concerned about affordability and is 25 disappointed the community was not able to rally around Lowry Grove more. She is wondering 26 where the families in the lower income pockets will be able to afford to live, noting the micro 27 units will not fit a family. 28 29 Motion by Councilmember Stille, seconded by Councilmember Gray, to adopt Resolution 17- 30 025; a Resolution Issuing a Negative Declaration of Need for an Environmental Impact 31 Statement for The Village, LLC Redevelopment. 32 33 Commissioner Stille stated there was a request to delay this vote but everyone will have ample 34 opportunity to voice their concerns so this vote should not need to be delayed. This development 35 will have some give and take and it will be a project the City will be proud of 36 37 Motion carried 5 -0. 38 39 Mayor Faust noted on the City's website, there is a Lowry Grove tab where information is 40 available for review. 41 42 B. Ordinance 2017 -01 • an Ordinance Setting Sewer Water and Storm Water Charges for 43 2017. 44 45 Finance Director Shelly Rueckert reviewed during 2016, the Utility Infrastructure Capital Fund 46 was created and the Water Filtration Fund was closed. As part of this reorganizing, the costs City Council Regular Meeting Minutes February 14, 2017 Page 5 I associated with carbon filtration of potable water became a water fund expense. These costs had 2 previously been excluded from the calculation of water rates. Funds provided as part of the 3 closing of the Water Filtration Fund allows for a phase -in of these costs into the water rates. The 4 Water Fund expenditures have been categorized by two primary operating functions. These 5 functions are the production of potable water and the distribution of the potable water. Beyond 6 the carbon filtration costs previously carried in the Water Filtration Fund, the Water Fund carried 7 the treatment costs associated with iron removal and ground water pumping. These costs 8 combined with carbon filtration costs and estimated advanced oxidation process costs equal the 9 production costs. The labor costs associated with the maintenance of the distribution system, 10 water billing and administrative support, along with other distribution operating costs equal 11 distribution costs. 12 13 Ms. Rueckert stated the current recommendation is to modify the water rate structure as follows: 14 eliminate the use of a Minimum charge; phase -in a quarterly fee for distribution system costs — 15 over time; and, usage rate growth decelerates as flat fee is phased -in. Rate structure 16 modifications provide: elimination of the minimum charge will extend an incentive for water 17 conservation to quarterly usage levels less than 7,500 gallons; aligning revenue sources with 18 corresponding costs; the Distribution system charge will be based on distribution costs and 19 applied by residential equivalent units; providing greater transparency as to the basis of rates and 20 rate adjustments; and, increases ability to maintain a structural balanced operation as revenue 21 generated would not be entirely subjected to volatility in water usage (dry vs. wet summers). 22 23 Ms. Rueckert stated the current recommendation is to modify the sewer rate structure as follows: 24 eliminate the use of a Minimum charge; phase -in a quarterly fee for collection system costs — 25 over time; and, usage rate growth decelerates as flat fee is phased -in. Rate structure 26 modifications provide: aligning revenue sources with corresponding costs; the collection system 27 charge will be based on collection costs and applied by residential equivalent units; and, provide 28 greater transparency as to the basis of rates and rate adjustments. Ms. Rueckert reviewed the 29 multi -year approach to storm water rates planned for the quarterly single family residential 30 charge to increase by thirty -five cents. In 2017, this represents a 2.37% increase in rates and the 31 2.37% rate increase will be applied to all levels of storm water charges. 32 The sewer rates, water rates and storm water rates were provided by tiers. 33 34 Councilmember Gray commented a goal has been for water conservation. Ms. Rueckert stated 35 over the last few years the cash flow has been breakeven. 36 37 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve First Reading 38 of Ordinance 2017 -01; an Ordinance Setting Sewer, Water and Storm Water Charges for 2017. 39 40 Motion carried 5 -0. 41 42 C. Ordinance 2017 -02: an Ordinance adding Chapter 132 Predatory Offenders to the Cif 43 Code. 44 45 Mayor Faust reviewed from a report written by Phil Steger, Dorsey & Whitney, LLP, that in 46 2006, some local governments in Minnesota began to adopt ordinances restricting where City Council Regular Meeting Minutes February 14, 2017 Page 6 1 individuals classified as predatory offenders under Minn. Stat. 244.052 may reside. The first 2 such ordinance was enacted by the City of Taylors Falls. Since them, approximately 33 3 municipalities and counties have enacted predatory offender ordinances. Mr. Steger reviewed 4 the typical provisions including Findings and Intent, Prohibited Location of Residence, 5 Exceptions and Penalties. To date, none of the Minnesota ordinances have faced legal challenge. 6 The United States Court of Appeals for the Eighth Circuit upheld an Iowa state law similar to the 7 Minnesota ordinances in 2005. 9 Motion by Councilmember Stille, seconded by Councilmember Jenson, to waive First and 10 Second Reading and approve adoption of Ordinance 2017 -02; an Ordinance adding Chapter 132 11 Predatory Offenders to the City Code. 12 13 Motion carried 5 -0. 14 15 D. Strategic Plan 16 17 Mr. Charlie Yunker reviewed the 2017 Strategic Plan is before Council this evening and 18 provided a brief background of how the Strategic Plan was developed. 19 20 Motion by Councilmember Brever, seconded by Councilmember Gray, to accept the Strategic 21 Plan as presented. 22 23 Motion carried 5 -0. 24 25 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 26 27 Councilmember Stille reported last week he attended the work session. 28 29 Councilmember Gray stated on February 2, he attended the North Suburban Communications 30 Committee meeting and Access Commission and work session. There was an agreement with the 31 franchise with Comcast and there will be a stakeholder's meeting on Thursday. 32 33 Councilmember Brever stated on January 25 -26 she attended GARE sessions. The next meeting 34 will be held February 22. On January 27, she attended a Leadership Conference for elected 35 officials. On January 31, she attended a Workplace Violence Workshop and the work session. 36 She also attended the neighborhood meeting at St. Charles on February 12. 37 38 Councilmember Jenson stated on January 25, he attended a Kiwanis meeting. On January 27 -28, 39 he attended the Leadership Conference LMC. On January 31, he attended the joint meeting with 40 the School Board and the work session. On February 6, he attended a Network Weaver's 41 Seminar. On February 8, he attended a North Suburban Communications Commission meeting. 42 43 Mayor Faust reported on January 27 -28, he attended the GARE meeting along with 44 Councilmember Stille. On January 27, the City received an award for ACEC for Storm Water 45 Research Center. On January 31, he attended the work session. On February 13, he attended the City Council Regular Meeting Minutes February 14, 2017 Page 7 Regional Council of Mayors Meeting where a GARE presentation was given. Mayor Faust thanked the LMC for their leadership on GARE initiatives. 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. 9 Ms. Mel Chaput stated she loves the conversations about equity and takes that to mean the 10 Council will consider affordable housing and how the Lowry Grove residents are taken care of 11 12 Ms. Mauria Heffren, 2551 381" Avenue NE, stated she was delighted to hear the discussion of 13 GARE and that St. Anthony is part of GARS. She asked Council to continue to share what is 14 learned with the community. 15 16 IX. INFORMATION AND ANNOUNCEMENTS — NONE. 17 18 X. ADJOURNMENT. 19 20 Mayor Faust adjourned the meeting at 8:10 p.m. 21 22 23 Respectfully submitted, 24 Debbie Wolfe 25 Timesaver Off Site Secretarial, Inc. 26 27 28 29 30 ATTEST: 31 City derk 32 Mayor