HomeMy WebLinkAboutCC MINUTES 11142017I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 NOVEMBER 14, 2017
4
5 CALL TO ORDER.
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7 Mayor Faust called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
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11 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
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13 ROLL CALL.
14
15 Present: Mayor Faust; Councilmembers Gray, Jenson, and Stille.
16 Absent: None
17 Also Present: City Manager Mark Casey, Finance Director Shelly Rueckert, Planning and
18 Commissioner Mark Kalar.
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
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23 I. APPROVAL OF NOVEMBER 14, 2017 CITY COUNCIL MEETING AGENDA.
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25 Motion by Councilmember Gray, seconded by Councilmember Stille, to approve the City
26 Council Meeting Agenda of November 14, 2017 as presented.
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28 Motion carried 4 -0.
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30 H. PROCLAMATIONS AND RECOGNITIONS - NONE.
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32 III. CONSENT AGENDA.
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34 A. Approval of October 24, 2017, City Council Meeting Minutes.
35 B. Licenses and Permits.
36 C. Claims.
37 D. Resolution 17 -074: a Resolution Deferring a Special Assessment for the 2017 Street
38 improvement Project.
39
40 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent
41 Agenda items.
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43 Motion carried 4 -0.
44
45 IV. PUBLIC HEARINGS.
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47 A. Ordinance 2017 -03: an Ordinance Setting Sewer. Water and Storm Water charges for
48 2018.
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City Council Regular Meeting Minutes
November 14, 2017
Page 2
1 Mayor Faust opened the public hearing at 7:05 p.m.
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3 Finance Director Shelly Rueckert reviewed the utility rates recommended for 2018. These rates
4 build on the multi -year approach towards rate adjustments that began in 2012. Ms. Rueckert
5 reviewed the Water Fund expenditures are comprised of two primary operating functions
6 Production $609,693 and Distribution $604,585. The current recommendation includes
7 continuing the phase -in of the quarterly fee to support distribution system costs and quarterly
8 water distribution will increase by $3.35. The recommendation also includes continuing to
9 manage the growth in usage rates to recognize revenues provided by the phase in of the Water
10 distribution fee and the water usage tier rates will decrease by I%. The water rate structure
11 provides for aligning revenue sources with corresponding costs, provides greater transparency as
12 to the basis of rates and rate adjustments, increases ability to maintain a structural balanced
13 operation as revenue generated would not be entirely subjected to volatility in water usage (dry
14 vs. wet summers) and promotes conservation via tiered usage rates. Ms. Rueckert provided the
15 recommended 2018 water rates.
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17 Ms. Rueckert explained how residents can use the City website to monitor their water usage.
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19 Ms. Rueckert reviewed the Sewer Fund expenditures are comprised of two primary operating
20 functions Treatment $757,720 and Collection $457,496. The current recommendation includes
21 continuing the phase -in of the quarterly fee to support collection system costs and quarterly
22 sewer collection fee increase by $3.20. The current recommendation includes continuing to
23 manage the growth in usage rates to recognize the revenues provided by the phase in of the
24 Sewer collection fee and the sewer usage rate increase by 1.5 %. The rate structure modifications
25 provide for aligning revenue sources with corresponding costs, providing greater transparency as
26 to the basis of rates and rate adjustments, increasing the ability to maintain a structural balanced
27 operation as revenue generated would not be entirely subjected to volatility in the Metropolitan
28 Council Environmental Services rates for wastewater treatment and variances in annual flows
29 (dry vs. wet summers). Ms. Rueckert provided the recommended 2018 sewer rates. The impact
30 of the recommended rates on a residential customer at each tier were provided.
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32 The multi -year approach for Storm water rates planned for the quarterly single family residential
33 charge in increase by thirty -five cents in 2018 represents a 2.32% increase in rate and the 2.32%
34 rate increase will be applied to all levels of storm water charges.
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36 Councilmember Stille rephrased the two -tier rate structure citing the more you use the more that
37 is paid.
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39 Councilmember Jenson asked if the template is active currently on line for water usage. Ms.
40 Rueckert stated it is and if residents need assistance they can contact City Hall.
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42 Mayor Faust summarized that residents are paying for what they are using.
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44 Mayor Faust closed the public hearing at 7:15 p.m.
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City Council Regular Meeting Minutes
November 14, 2017
Page 3
1 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve First Reading
2 of Ordinance No. 2017 -03 an Ordinance Amending Sections §33.018 Sewer Charges to Owners;
3 §33.036 Water Charges to Owners and §33.090 Charges for Storm Water Facilities.
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5 Motion carried 4 -0.
V. REPORTS FROM COMMISSION AND STAFF.
9 A. Resolution 17 -075: a Resolution approving a Conditional Use permit to allow an Adult
10 Day -Care Center located at 2400 37"' Avenue NE
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12 Planning Commissioner Mark Kalar reviewed the Conditional Use Permit. Applicant (Isse
13 Hussein) is requesting a Conditional Use Permit at 2400 371 Avenue NE (Owner — Sadiq
14 Punjani). The existing land use /zoning is Commercial /Zoned C- Commercial. He reviewed the
15 surrounding land use /zoning. The request for a Conditional Use Permit (CUP) to allow an adult -
16 care center is consistent with the intent of the Zoning Ordinance and the City's Comprehensive
17 Plan. Staff recommends approval of the Applicant's request and adoption of a resolution
18 declaring terms of the same.
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20 The Applicant wishes to convert an existing gas station into an adult day care center. The
21 applicant's summary of the use indicates that it will primarily be a place for supervised
22 congregation of senior citizens, providing an environment where they can socialize with other
23 seniors in the community. The intent is to transport the seniors to and from the site and any food
24 provided would be catered in. Parking is provided for the employees and staff. The Applicant has
25 indicated the facility will operate mostly for approximately six hours a day during daytime hours
26 (with some exceptions).
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28 The CUP Criteria was reviewed and noted the criteria was met. Staff recommends approval of
29 the application, subject to the following conditions:
30 -The Applicant shall submit the appropriate plans and permits for review and approval (including
31 state permitting) before beginning any construction or other alterations that requires a permit (i.e.
32 building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.).
33
34 - Applicant receives a revised SAC determination, per the Met Council.
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36 Mayor Faust stated he understands the MN Department of Health issues the license and they are
37 the one to ensure everything is being done to State Statute.
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39 The Applicant and Owner were present and they did not wish to speak.
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41 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
42 17 -075; a Resolution approving a conditional use permit (CUP) to allow an adult day -care
43 center, licensed under M.S. Chapter 245A, and Minn. Rules One on the property located at 2400
44 37" Avenue NE with two conditions.
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City Council Regular Meeting Minutes
November 14, 2017
Page 4
Councilmember Gray noted this is a great service being provided to the community and will be a
great addition.
Mayor Faust welcomed the Applicant into the community.
Councilmember Stille stated they are making good use of a difficult site and thanked them for
taking care of the property.
9 Motion carried 4 -0.
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11 VI. GENERAL BUSINESS OF COUNCIL.
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13 A. Ordinance 2017 -04; an Ordinance Amending Chapter 96 Right of Way Management
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15 City Manager Casey reviewed the recent legislative action that has brought to attention the need
16 for cities to update their right -of -way ordinances to accommodate the installation of small
17 wireless facilities within the public right -of -way. The League of Minnesota Cities (LMC) has
18 provided guidance in updating local ordinances in order to better regulate private development in
19 the public realm, as well as to insure appropriate safeguards are in place to manage this
20 development.
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22 Mr. Casey provided an edited version of Chapter 96: Right -of -Way Management, that
23 incorporates the recommended changes provided by the LMC. The existing ordinance does not
24 differ significantly from the model ordinance provided by the LMC, with the exception of the
25 language specific to small wireless facilities. A memorandum from Kennedy & Graven
26 regarding the implications of the recent legislative action regarding regulation of small local
27 wireless facilities, as well as the updated model right -of -way ordinance, was provided for
28 Council review. As part of this amended ordinance, the City should examine the right -of -way
29 fees charged and include a statutory set fee for small wireless facilities. Staff recommends the
30 City Council review the proposed changes and direct staff to initiate a text amendment to update
31 Chapter 96 to conform with the ordinance language provided by the League of Minnesota Cities,
32
33 Councilmember Stille asked if this is going to affect the large cell towers and the revenue for that
34 and Mr. Casey stated he does not know. The large cell tower contracts with the City are locked in
35 and all indications point there will be both large cell towers and small cells.
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37 Councilmember Jenson asked if any input has been received from the organization that wants to
38 install these as to which streets they may be using. Mr. Casey stated not yet and there are no
39 indications of when, what amount, or where.
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41 Councilmember Gray confirmed the legislation leaves little room for the City not to accept this.
42 Mr. Casey stated there is no denying these requests but the City can regulate them.
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44 Mayor Faust stated this was a big issue in the Legislature this year and he understands it is a
45 national issue in terms of going to 5G more capacity. Mayor Faust has heard the LMC
46 suggestion is stricter than other States. Mr. Casey agreed.
City Council Regular Meeting Minutes
November 14, 2017
Page 5
Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve First Reading
of Ordinance No. 2017 -04; an Ordinance Amending Multiple Sections in Chapter 96 Right -of-
Way Management.
Motion Carried 4 -0.
B. Resolution 17 -076; a Resolution of the Canvass of the 2017 General Municipal Election
10 Mr. Casey requested the Council approve the Canvassing Board Resolution. Councilmember
11 Randy Stille and Councilmember Jan Jenson received the greatest number of votes in the
12 November 7, 2017 general election. There will be a recount done this Friday and if there are
13 changes, the Council will be presented with a new resolution of the Canvass.
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15 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
16 17 -076; Canvassing Board Resolution.
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18 Councilmember Gray congratulated two of the finest people he knows and stated he looks
19 forward to continuing to work with them on the Council.
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21 Motion Carried 4 -0.
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23 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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25 City Manager Casey reported the entire Police Department participated in a November 6 -9
26 Procedural Justice Training. This was paid for by the DOJ and more information is available
27 from the Police Chief on the training. Mr. Casey also noted there will be an Open House
28 regarding the re- development of Lowry Grove two weeks from this evening (November 27). It
29 will be held at 6 p.m. at the High School Commons. A presentation will be held at 7 p.m. The
30 Continental Group is hosting and will make the presentation. Councilmember Stille clarified this
31 is not an application to the City. The developer wants to get feedback from the community.
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33 Councilmember Gray had no report.
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35 Councilmember Jenson had no report.
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37 Councilmember Stille stated on October 30, there was a Joint Meeting with the School Board
38 followed by a Work Session which focused on the Liquor Department. He read a statement "A
39 Community Service" that was presented at the Work Session. On November 3, he had lunch with
40 the Salo Finland delegation. On November 5, a concert was held.
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42 Mayor Faust stated on October 15, he attended the Candidates Forum and heard all six
43 candidates. He attended the October 30 Meeting with the School Board and the Work Session.
44 He was impressed with the Mission Statement presented. On November 1, Mayor Faust and City
45 Manager Casey met with the Hennepin County Assessor. The referendum is included on the tax
46 statements. A tour was given to the Salo visitors on November 3. He also attended the concert
City Council Regular Meeting Minutes
November 14, 2017
Page 6
1 and noted the St. Anthony Civic Orchestra is a jewel. He stated there will be a Christmas concert
2 and a spring concert held. On November 14, Mayor Faust attended the Mississippi Water
3 Management Organization meeting and reported there is no increase.
4
5 VIII. COMMUNITY FORUM.
7 Ms. Cynthia Sowden, Northeaster Newspaper, 2844 Johnson Street NE, asked when the Council
8 vacancy will be filled and how.
10 Ms. Maret Olson, 3312 Edward Street NE, stated she is concerned with the vacancy and about
11 the diversity on the Council. She would like to see an election rather than an appointment. If
12 there is to be an appointment, she would like to see the candidate who came in third receive the
13 appointment. She does not remember a contested election in the past. There were two candidates
14 that made great efforts and came very close to winning the election. She reviewed what a City
15 needs to do. She stated she has seen the Council fail on zoning and policing issues, noting the
16 City has been sued multiple rimes by the Justice Department for Civil Rights Violation. She
17 believed the Council needs to be diversified as she no longer trusts the City Council to act the
18 way she would if she were on Council.
19
20 Mr. Jedd Larson, 2800 3Is` Avenue NE, read a prepared statement. He noted he is also on the
21 Planning Commission and asked if the Adult Day Care is an appropriate use of the property at
22 37a' and Stinson. He noted questions were raised regarding the knowledge and fitness of the
23 Applicant to operate an Adult Day Care Center and apologized to the Applicant on behalf of
24 himself for not doing his part to redirect the conversation at the Planning Commission Meeting.
25
26 Ms. Erin Redlin, 3012 Armor Terrace, urged the City Council to appoint Nancy Robinett to the
27 open seat on the City Council. Since Nancy received only 18 votes fewer than Councilmember
28 Jenson, she believed the Council would be taking into account the resident's desires.
29
30 Ms. Kathleen Lohmar, 3113 Armor Terrace, asked Council to be open and transparent with the
31 procedure and process to fill the open Council seat. She would like Nancy Robinett to be
32 appointed to the open seat. She stated she was glad when Jedd Larson was appointed to the open
33 seat on the Planning Commission earlier this year and had expected to see a more open process
34 for that opening. She asked the City to help residents of Lowry Grove with a monetary
35 settlement. Ms. Lohmar stated one resident is entering his mobile home through an open window
36 on a step ladder and another resident with a small child is still living in an Extended Stay Motel.
37 She heard the street project contractors are being fined $1,000 a day for late completion and
38 stated since those are dollars not planned to come to the City, she hopes those monies could be
39 re- directed to the Lowry Grove residents.
40
41 Mayor Faust stated on September 12, the City Manager provided the options for the open seat on
42 City Council. Council has not discussed this. He reviewed the two options are either appointment
43 or to hold a special election on April 10, 2018. Mayor Faust asked Councilmembers to state how
44 they would prefer to see this handled.
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City Council Regular Meeting Minutes
November 14, 2017
Page 7
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Councilmember Gray stated he has been on the Council for 13 years and every Commission/
Council seat has been an open application process with interviews conducted. He would be in
favor of an appointment.
Mayor Faust stated the application for the Planning Commission is on the website and there has
always been an application process.
Councilmember Stille stated there was a special election for Mayor in December 2004. For the
two Council positions, applications were gathered, they were interviewed, and appointments
were made. He stated the Council appoints the best candidate who will serve the community the
best. He would like to move towards an appointment rather than an election and stated had
Bonnie Brever's resignation been 30 days earlier, there would have been three seats open on the
ballot.
Councilmember Jenson stated he is in favor of an appointment process. He noted 10 candidates
were interviewed when Bonnie Brever was appointed so it was a good, transparent, open, and
fair process.
Mayor Faust stated appointment is the right way to do this and requested the City Manager put
something out via the website by Friday. City Manager suggested the appointment be done at the
December 12 City Council Meeting. He stated it is important that the new person get to the LMC
New Member Meeting.
Ms. Maret Olson suggested the criteria be included on what they will be judged on along with
the application.
INFORMATION AND ANNOUNCEMENTS — NONE.
ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:55 p.m.
Respectfully submitted,
Debbie Wolfe
Timesaver off Site Secretarial, Inc.
41 ATTEST:
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Ci y derk
Mayor