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HomeMy WebLinkAboutCC MINUTES 03272018I CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 MARCH 27, 2018 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 I 1 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. Boy Scout Troop 12 153 led the Pledge of Allegiance. 13 14 ROLL CALL. 15 16 Present: Mayor Faust, Councilmembers Gray, Jenson, and Randle. 17 Absent: Councilmember Stille 18 Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, City Finance Director 19 Shelly Rueckert, City Planner Breanne Rothstein, Planning Commission Chair 20 Dominic Papatola, Police Chief Jon Mangseth, and City Attorney Phil Steger. 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 24 ITEMS. 25 26 I. APPROVAL OF MARCH 27, 2018 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of March 27, 2018 as presented. 30 31 Motion carried 4 -0. 32 33 II. PROCLAMATIONS AND RECOGNITIONS. 34 35 36 III. CONSENT AGENDA. 37 38 A. Approval of March 13, 2018, City Council Meeting Minutes. 39 B. Licenses and Permits. 40 C. Claims. 41 42 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent 43 Agenda items. 44 45 Motion carried 4 -0. 46 47 IV. PUBLIC HEARINGS. 48 49 2018 Street & Utility Improvement Project City Council Regular Meeting Minutes March 27, 2018 Page 2 2 A. Resolution 18 -025: a Resolution Ordering Improvements for the 2018 Street and Utility 3 Improvements. 4 5 Mayor Faust opened the public hearing at 7:03 p.m. 6 7 City Engineer Hubmer indicated the project location as Macalaster Drive (37'h Avenue NE to RR 8 tracks), Foss Road (37`h Ave NE to Chandler Dr), and Highcrest Road (37`h Ave NE to 9 terminate). Mr. Hubmer noted there are additional parking needs on Foss Road so parking bump - 10 outs will be included in the improvements along with a sidewalk on the west side of Foss Road. 11 A map showing the sanitary sewer system improvements, water system improvements, drainage 12 system improvements, street improvements and erosion improvements was shown. Diagrams of 13 the Central Park water reuse retrofit were explained. 14 15 Mr. Hubmer summarized the common resident concerns including trees /restoration; access to 16 homes and businesses maintained with exception of utility installation in front of home, wet 17 weather, curb and driveway installation; special needs /events; sprinkler systems /invisible 18 fencing; private utilities Centerpoint Energy gas line replacement; temporary water service; 19 driveway replacement replacing entire driveway and reimbursement policy; sump pump 20 connections and mail /garbage service. 21 22 Mr. Hubmer showed the project costs and funding breakdown. 23 24 Proposed Improvements Special Assessments City Costs Total 25 Street Reconstruction $457,300 $1,166,500 $1,623,800 26 Sanitary Sewer Improvements $ 0 $ 337,500 $ 337,500 27 Water Main Improvements $ 53,100 $ 332,400 $ 385,500 28 Storm Sewer Improvements $105,700 $ 119,800 $ 225,500 29 Mirror Lake Erosion Improvements $ 33,800 $ 0 $ 33,800 30 Central Park Water Reuse $ 0 $ 198.400 $ 198,400 31 Total $649,900 $2,145,600 $2,804,200 32 33 Motion by Councilmember Randle, seconded by Councilmember Gray, to approve Resolution 34 18 -025; a Resolution Ordering Improvements for the 2018 Street and Utility Improvements. 35 36 Motion Carried 4 -0. 37 38 B. Resolution 18 -026: a Resolution Adopting and Confirming Assessments for the 2018 39 Street and Utility Improvements. 40 41 Mr. Hubmer reviewed the assessment calculations, method for determining front footage, 42 assessed parcels, financing assessments, payment schedules, and project schedule were reviewed. 43 Residents can sign up to receive weekly email updates and notifications regarding the 2018 street 44 and utility project by visiting the project webpage located on the City's website at 45 http: / /www.savmn.com. 46 City Council Regular Meeting Minutes March 27, 2018 Page 3 1 Councilmember Gray asked Mr. Hubmer to speak more about the water reuse and how many 2 gallons are used on the splash pad. Mr. Hubmer stated the water usage varies by year but is 6 -8 3 million gallons of water. Mr. Hubmer estimated approximately half of that could be recovered. 4 5 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Resolution 6 18 -026; a Resolution Adopting and Confirming Assessments for the 2018 Street and Utility 7 Improvements. 9 Motion Carried 4 -0. 10 11 C. Resolution 18 -027; a Resolution Awarding a Bid for the 2018 Street and Utility 12 Improvements. 13 14 Mr. Hubmer reviewed the six bids received. The low bidder was Kuechle Underground for a 15 total of $2,282,930.11. Staff recommends Kuechle Underground for the 2018 Street and Utility 16 Improvements. 17 18 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 19 18 -027; a Resolution Awarding a Bid for the 2018 Street and Utility Improvements to Kuechle 20 Underground for the amount of $2,282,930.11. 21 22 Motion Carried 4 -0. 23 24 D. Resolution 18 -028; a Resolution Providing for the Sale of $2.705,000 General Obligation 25 Improvement Bonds, Series 2018A. 26 27 City Finance Director Shelly Rueckert presented the purpose of the proposed issue is to finance 28 the 2018 road reconstruction projects in the City. The proposed issue is $2,705,000 General 29 Obligation Bonds, Series 2018A. Debt service will be paid from tax levy and special 30 assessments. The City intends to levy a total of $649,900 in special assessments to benefitting 31 property owners, of which $64,990 (10 %) is anticipated to be collected in pre -paid assessments 32 (the pre -paid assessments reduced the Bond amount accordingly). The remaining $584,910 of 33 special assessments will be collected in years 2019 to 2033 at a rate of 2% over the True Interest 34 Costs of the Bonds. Annual assessments are paid on an equal principal basis. 35 36 Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve Resolution 37 18 -028; a Resolution Providing for the Sale of $2,705,000 General Obligation Improvement 38 Bonds, Series 2018A. 39 40 Motion Carried 4 -0. 41 42 Mayor Faust closed the public hearing at 7:17 p.m. 43 44 V. REPORTS FROM COMMISSION AND STAFF - NONE. 45 City Council Regular Meeting Minutes March 27, 2018 Page 4 1 A. Resolution 18 -029; a Resolution Approving a Request to Keep 4 Chickens in an R -1 2 Zoning District at 2513 30th Avenue NE. 4 City Planner Rothstein reviewed staff received an inquiry from the Applicant (Rick Dallmeyer 5 2513 30th Avenue) on March 4, 2018 requesting information about what they needed to do in 6 order to be able to have chickens on their property. They were directed to provide a site plan 7 showing the location and dimensions of the proposed enclosure on the property, as well as a 8 written request to the City Council in the form of a letter. The written request and diagram were 9 provided on March 4, 2018 showing the location and dimensions of the chicken coop in relation 10 to their property. The coop will be located along the western edge of the property and will run 1 I parallel to a 5' chain link fence. The coop will be a total of 16 square feet (4' x 4') of wood 12 materials and stained brown like the property owner's existing shed. The coop will have an 13 attached run of 48 square feet; 4 inches of the 12 -inch long run will be located under the elevated 14 coop. Ms. Rothstein provided the City Code Section §91.56 related to the request. 15 16 Councilmember Jenson asked Mr. Dallmeyer if he has communicated this to his neighbors and 17 were any concerns expressed. Mr. Dallmeyer stated the neighbor along the fence line had no 18 concerns. 19 20 City Manager Casey stated the City has not received any comments regarding this case. Mayor 21 Faust noted no roosters would be allowed. 22 23 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 24 18 -029; a Resolution Approving a Request to Keep Four (4) Chickens in an R -1 Zoning District 25 at 2513 30th Avenue. 26 27 Motion Carried 4 -0. 28 29 B. Resolution 18 -030, a Resolution Approving the PUD Preliminary Development 30 Plan/PUD Rezoning, and Preliminary Plat related to The Village, LLC Project located at 31 2501 Lowry Avenue. 32 33 City Planner Rothstein provided the background of the case and reviewed the applicant for the 34 proposal, The Village, LLC, with lead developer Continental Property Group, purchased the 35 Lowry Grove manufactured home park property at 2501 Lowry Avenue on June 13, 2016. In the 36 ensuing year, the manufactured home park and the former and new property owners engaged in a 37 series of state statutory requirements for manufactured home park closures. The Lowry Grove 38 manufactured home park formally closed on June 30, 2017. 39 40 On October 24, 2016, the Planning Commission reviewed an initial Planned Unit Development 41 (PUD) sketch plan submission for the site from The Village LLC. An Environmental Assessment 42 Worksheet (EAW) for the site was completed in November 2016. 43 44 On July 18, 2017, The Village, LLC submitted a series of land use applications for their 45 proposed redevelopment of the former Lowry Grove site that also included the adjacent Bremer City Council Regular Meeting Minutes March 27, 2018 Page 5 1 Bank site. On October 10, 2017, the City Council denied the request and adopted a resolution 2 outlining their stated reasons. 4 On December 22, 2017, The Village, LLC submitted new applications and requests for a 5 preliminary PUD plan/rezoning, a preliminary plat, and a comprehensive plan amendment for the 6 site. Their submission was deemed incomplete at that time, due to changes in the status of the 7 purchase agreement for the Bremer property, and The Village, LLC was properly informed of 8 this. 9 10 On January 26, 2018, The Village, LLC submitted a revised plan for preliminary plat and 11 preliminary PUD development plan for the site that excluded the Bremer Bank site. The 12 application was deemed complete by the City and is the subject of this report. 13 14 The Planning Commission held a public hearing on February 26, 2018, took public testimony on 15 the revised plan, reviewed the proposal, and recommended, 7 to 0, to approve the preliminary 16 plat and preliminary PUD development plan, subject to the conditions in the staff report, and 17 adding a condition to evaluate the intersection at 27`h Avenue. The Planning Commission also 18 approved, 7 to 0, a supplemental motion recommending that the City Council strongly consider 19 tying financial tax incentives for this development to affordable housing and requiring that 20 housing being included for families and in each building within the development. 21 22 Ms. Rothstein provided a summary of the requests with their land use application for the 23 redevelopment plan for 2501 Lowry Avenue: Planned Unit Development (PUD) preliminary 24 development plan review and Re- Zoning Request and Preliminary Plat review for their re- 25 development plan for 2501 Lowry Avenue. 26 27 The preliminary plat and PUD preliminary development submittal proposes a residential 28 redevelopment that includes several housing types and styles: independent senior rental housing; 29 assisted living senior housing; and general occupancy rental housing. There is a total of 430 30 housing units proposed on the site, comprised of three buildings of multifamily housing. While 31 the floor plans currently show 414 units, the developer is requesting authorization to reconfigure 32 the floor plans and unit sizes and number within the current building footprints proposed in order 33 to increase the number of proposed units up to a hard cap of 430 units. The reconfiguration 34 would result in 28 units per acre. This is consistent with the Comprehensive Plan in the zoning 35 district. 36 37 The independent senior building (Building A) is proposed to include approximately 61 studio, 1- 38 bedroom and 2- bedroom units and to be 45.5 feet in height. Building B, consisting of assisted 39 living senior housing, is proposed to have approximately 128 units, which range in size from 40 very small, memory care units to larger 2- bedroom units. This building is proposed to be 45.5 41 feet in height. The general occupancy rental building (Building C) is proposed to have a mix of 42 studio (approximately 77), 1- bedroom (100 units), 2- bedroom (36) and 3- bedroom (12) units. 43 Building C is proposed to be 44 feet in height. These exact breakdowns are subject to change, 44 based on final market studies and plans. 45 City Council Regular Meeting Minutes March 27, 2018 Page 6 There is a total of 693 designated parking stalls proposed for the development. These include 407 enclosed parking stalls and 286 surface stalls. The redevelopment proposal includes two storm water retention ponds proposed at grade. The City Engineer has reviewed the surface water management plan and submitted comments were provided for Council review. Trails are proposed throughout the development to connect with existing sidewalks and to provide intra- site recreational opportunities. 8 Ms. Rothstein showed renderings of the proposal. She reviewed the changes from the last plan 9 including exclusion of the Bremer Bank site due to expiration of purchase agreement, increased 10 surface parking, reduced building heights, no connection to alley, deeper setbacks and reduced 11 retaining wall use. The site plan also has one change from the time it was reviewed by the 12 Planning Commission which includes moving the Assisted Living Building approximately 14 13 feet more to the West. 14 15 The plan proposes to connect to the existing sewer, water, and storm water facilities located 16 under Kenzie Terrace and Stinson Parkway. 17 18 Ms. Rothstein reviewed the Zoning Guidance and noted the site is currently zoned R -1 Single 19 Family. The applicant is requesting to rezone the site to Planned Unit Development (PUD). The 20 intent of a PUD zoning designation is "to create a more flexible, creative, and efficient approach 21 to the use of land ", and may include a greater use variety and dimensional flexibility than the 22 underlying zoning district(s) would allow. 23 24 Upon review of the proposal, the only deviation found from the standards of the R -4 Multiple 25 Family Residential district is the height of the buildings. Maximum height in the R -4 zoning 26 district is 35 feet, and the maximum height of the proposed highest building is 45.5 feet. 27 28 Staff deemed the preliminary plat submission complete after reviewing the submitted elements 29 against the required information listed in Section 151.02. Ms. Rothstein summarized the proposal 30 for each element of the preliminary plat and preliminary PUD site plan. The following were 31 reviewed: Housing Types and Massing/Height, Traffic, Streets and Access, Parking, 32 Landscaping, Streetscape/Urban Design, Trails /Sidewalks, Public Spaces/Parks, Environmental 33 Assessment Worksheet, Environmental (Contamination), Grading, Storm water Management 34 Utilities, Phasing, Park Dedication Fees, Development Agreements /Contracts, Other 35 Agency/Department Requirements, State Rules Governing Completion of an EAW, Minnesota 36 Pollution Control Agency (MPCA), Minneapolis Park and Recreation Board, Mississippi 37 Watershed Management Organization (MWMO), Fire Department Review, Public Safety, and 38 Hennepin County Transportation. 39 40 Ms. Rothstein reviewed there has been much interest in the proposed redevelopment of this site, 41 starting almost two years ago and continuing to -date. Staff has received over 100 emails since 42 the initial sketch plan phase. Additionally, staff has spoken with many residents and concerned 43 neighbors and has summarized the concerns as follows: 44 City Council Regular Meeting Minutes March 27, 2018 Page 7 1 • Concerns over the density and height of the proposal. The most common concern is the 2 opinion that the comprehensive plan should not be amended to accommodate this 3 development and that heights should be consistent with those around the site. 4 • Concerns over the loss of affordable housing. People have expressed the need to 5 retain/replace affordable housing on the site. 6 • Concerns over traffic and safety. People have stated the increase in traffic on Stinson 7 Parkway will reduce livability and increase congestion at key intersections. 8 • Concerns regarding views for existing Kenzington Condos residents. People have 9 expressed concern over the reduction in views from their units. 10 • Concerns over tree removal. 11 • Concerns over school capacity and other services. 12 • Concerns over the handling and treatment of storm water runoff. 13 14 Ms. Rothstein noted since the Planning Commission review the further analysis of 27`h Avenue 15 requested by the Planning Commission has been completed. Staff has completed a thorough 16 review of the proposal and has the following comments and conditions for the Preliminary PUD 17 Development Plan and Preliminary Plat: 18 19 Setback from Kenzington Condos — Increase the setback from the property line by approximately 20 20 feet, shifting the development to the west. 21 22 Vacation of Easement — There is currently a watermain easement through the site, which will 23 need to be vacated through a separate action accompanying a final plat. 24 25 Engineering Comments — All changes contained in the City Engineer and storm water 26 management memoranda should be made to the satisfaction of the City Engineer. 27 28 Agency Comments — MPRB and Hennepin County permits shall be obtained and permit 29 requirements should be incorporated, as final approval by those agencies requires. 30 31 Revised Traffic Study Recommendations — All traffic mitigation efforts listed in the revised 32 traffic study shall be part of the conditions for approval, as permitted by other regulating 33 agencies (MPRB and Hennepin County). 34 35 Receipt of All Applicable Permits — All other agency permits shall be obtained, and plans 36 approved prior to construction on the site. 37 38 Planning Commission Chair Dominic Papatola thanked Ms. Rothstein for guiding the Planning 39 Commission through this process. He indicated the Planning Commission held the public hearing 40 on February 26 and there was much resident input heard at that meeting. They were heartened to 41 see that the new proposal fell within the City's density guidelines. They were encouraged by the 42 developer's flexibility on matters such as parking and buildings placement. The Planning 43 Commission recommended unanimously that the Council approve the preliminary PUD plan and 44 preliminary plat and corresponding resolution. Chair Papatola stated the Planning Commission 45 passed a resolution that any City financial assistance be used for the development of affordable 46 family housing throughout the development. City Council Regular Meeting Minutes March 27, 2018 Page 8 Mayor Faust noted the building was moved 14 feet and the contingency noted 20 feet. Ms. Rothstein stated 14 feet meets the intent of the recommendation. Councilmember Jenson asked what the distance is between the Kenzington and the assisted living building. Ms. Rothstein replied it is approximately 100 feet. 8 Mr. Link Wilson, Architects, stated there are a number of team members with him this evening. 9 He introduced the presentation team members. Mr. Wilson presented the outline for their 10 presentation this evening. He gave a detailed description of the PUD, noting the public amenities 11 on the site include trails, the boulevard through the site, vast green space on the site and the long - 12 term service to the community. They feel they are able to service many generations on the site. 13 Mr. Wilson noted the first site plan had many faults and many changes have been made. The 14 boulevard through the site would connect with Stinson Boulevard and Stinson Parkway; the trails 15 could be used by the residents living in the development and neighbors; and, Frana Companies 16 will be the builders of the site. They have built quality projects in Minnesota and throughout the 17 Midwest. 18 19 Mr. Wilson reviewed the affordable housing aspect and noted there are 79 apartment units that 20 meet 80% of AMI. Once the assisted living is built out, there would be 13 units of a waiver. This 21 totals 92 of the 430 units that would be affordable, which is 21% of the total project. The updated 22 traffic report was completed and provides for necessary offsite improvements consisting of turn 23 lane extensions and signal timing optimization. Mr. Wilson stated a meeting with Park Board 24 Staff will be held later this week. 25 26 Mr. Jared Ward, Wenck, was available to address any civil engineering issues with Mr. Ken 27 Haberman available to address environmental issues. 28 29 Mr. Link Wilson provided the data on the buildings. The green space calculation is 43.3 %, which 30 does not include the patio to the northwest and the plaza. Ms. Susan Farr was available to speak 31 on the services for the assisted living building. It was noted that the market rate building is the 32 only one where a variance is requested. Renderings of the buildings were shown to the Council. 33 Mr. Wilson continued with bird's -eye view renderings of the buildings, open space, and the 34 entire project area. They are attempting to preserve as many of the mature trees as possible. 35 36 Mr. Wilson reviewed the next steps if Council approves their request this evening. They will 37 apply for an environmental grant, work with the City Attorney on development agreement 38 negotiations, final plat application and final PUD approval, building inspections, and 39 construction would begin in the fall. Statistics for the culture of this community were shared. 40 41 Councilmember Jenson asked about parking and the number of parking spaces compared to 42 units. He also asked if there will be parking available for visitors. Mr. Wilson provided statistical 43 information about parking that would be provided below grade for the residents with surface 44 parking being mainly for guests as well as street parking along the boulevard. Half of the market 45 rate building surface parking would be available for visitors. He feels there is more parking that 46 is needed. City Council Regular Meeting Minutes March 27, 2018 Page 9 Mayor Faust asked City Attorney Phil Steger for comments. Mr. Steger reviewed the authority of the Council and the procedural requirements. He quoted City Code and advised May 26 would be the date by which Council has to decide the matter. City Manager Casey noted City staff has had conversations with AEON and they are aggressively engaged with Bremer Bank on the possible development of that property and timelines will be coming up shortly for grant applications. 10 Mayor Faust stated he has been contacted by Bremer Bank and it is good to see AEON is moving 1 I forward. He noted the Council has two decisions this evening in addition to the one from AEON 12 on affordable housing. With the reduction in units per acre and the building height reduction, 13 Mayor Faust indicated he is inclined to move forward on approving the preliminary plat and 14 PUD. 15 16 Councilmember Jenson stated the new revelation with AEON and Bremer Bank addresses some 17 of the concerns he would raise regarding the preliminary plat and PUD. He is happy to hear there 18 appears to be a breakthrough that would address the affordable housing concerns. 19 20 Councilmember Gray agreed the adjustments in the plan show the developers listened to the 21 concerns expressed. He feels good about AEON and Bremer Bank's work. He noted the City - 22 owned bowling alley site is also available to developers for affordable housing. He is inclined to 23 vote in favor of the preliminary plat and PUD this evening. 24 25 Mayor Faust stated he has not received any public input sheets so he would entertain a motion 26 from Council. Public input sheets were submitted. 27 28 Mr. Perry Thorvig, 3112 Townview Avenue, read a prepared statement and noted most of the 29 issues have been resolved but he has three issues remaining. He stated it is unreasonable for the 30 Kenzington to request a setback up to four times what they have in their building. He agrees with 31 the developer's solution. He requested Council change the wording in the resolution to state that 32 the setbacks be as shown in the revised site plan dated 3/19/18. Mr. Thorvig's second issue is the 33 park dedication requirements. He requested Council add an additional resolved statement that 34 reads as follows: "Notwithstanding the recommendation of the parks commission, the expenses 35 incurred in the construction of the 8' walkway will not be credited against normal park 36 dedication fees for this project." His third concern is on affordable housing. He requested 37 Council add another resolved statement requiring affordable housing units in this subdivision. 38 39 Ms. Sandy Sherman, 4008 Foss Road, stated there was an article in the newspaper. The Council 40 had promised that low- income housing would be part of this development but the only portion 41 that is affordable is the senior housing for those 80% of AMI. Ms. Sherman provided the Met 42 Council's definition of 80% of AMI. She does not believe any of these rents are affordable when 43 the average pay is $15/hour and this does not provide a place for the Lowry Grove residents. Ms. 44 Sherman stated Bremer Bank was never part of this development. She said affordable housing is 45 supported elsewhere and she believes the City Administration does not want affordable housing. City Council Regular Meeting Minutes March 27, 2018 Page 10 She restated her belief that this development provides no housing for the low- income past residents of Lowry Grove Mobile Home Park. 4 Ms. Barbara Sullivan stated she is concerned about the environmental clean-up as she did not 5 hear anything about the chemicals, pervious surfaces, etc. She would like Mr. Haberman to 6 address these issues. 8 Ms. Nancy Robinett, 3408 3151 Avenue NE, stated her topic is also affordable housing and it is 9 nice to hear that AEON was in discussions on the Bremer Bank site but the future of that is 10 unknown. She stated many are happy about the prospect but it doesn't exist this evening. She is 11 familiar with AEON and their work but pointed out there is not a deal in place. Ms. Robinett 12 added the Council doesn't need to make a decision this evening on the 2501 Lowry site and she 13 wants to wait until the Bremer Bank deal is done. 14 15 Ms. Mel Chaput, 3537 Coolidge Street NE, stated she is concerned about affordable housing. 16 She heard from others that the Mayor had said St. Anthony is not a walled community; however, 17 she feels it is. Ms. Chaput stated equity has been in the forefront of what she's been thinking 18 about for the past two years and it is important to know the outcome of the AEON /Bremer Bank 19 deal before a decision is made. She questioned the Council's sincerity to do what needs to be 20 done. Ms. Chaput read an email sent to City staff prior to Lowry Grove being closed with 21 concerns about the park closing. Meetings were held and social services were requested for the 22 Lowry Grove residents. Ms. Chaput read another email she sent asking the City to assist in 23 storage of Lowry Grove residents' property. She stated these emails should be available for 24 public review. Ms. Chaput stated she does not trust the Council and asked that this proposal not 25 be approved until the AEON/Bremer Bank deal is done because we need to take care of those in 26 the community that need help. 27 28 Ms. Kate Martin, 2513 30`h Avenue, stated she understands from Mr. Casey's announcement that 29 AEON is interested in the Bremer Bank site but no purchase agreement has been signed. She 30 noted this project in front of us now and the affordable housing component is a joke. She asked 31 that Council not approve the proposal this evening. 32 33 Mr. Jesse Piktuma, 2616 27`h Avenue NE, stated he does not think this should be approved. He 34 is worried about affordable housing, traffic on 27`h Avenue, the safety of the children on 271h 35 Avenue, and the impact on schools and emergency services. He stated there is no reason to 36 approve tonight and these issues need to be understood better. 37 38 In consideration of the above items, it was noted that staff recommends that the City Council 39 take action to adopt a resolution approving the preliminary PUD plan and preliminary plat, 40 contingent on the requirements and items listed in the resolution. The following actions are 41 options for the City Council to consider: 42 1. Motion to adopt a resolution, approving the preliminary PUD plan and preliminary plat, 43 contingent on the requirements and items listed in the Resolution and in the staff report. 44 2. Motion to table action on the preliminary PUD development plan and preliminary plat, based 45 on the submittal of additional information, as enumerated in the staff report. City Council Regular Meeting Minutes March 27, 2018 Page 11 3. Motion to deny the preliminary PUD development plan and preliminary plat and to direct staff to prepare a draft resolution declaring terms of the same, based on the findings of the City Council. 5 Motion by Councilmember Gray, seconded by Councilmember Randle, to approve Resolution 6 18 -030; a Resolution Approving the PUD Preliminary Development Plan/PUD Rezoning and 7 Preliminary Plat Related to The Village, LLC Project Located at 2501 Lowry Avenue with the 8 following contingencies: 9 • Setback from Kensington Condos — Increase the setback from the property line by 10 approximately 20 feet, shifting the development to the west. 11 • Vacation of Easement — There is currently a watermain easement through the site, which will 12 need to be vacated through a separate action accompanying a final plat. 13 • Engineering Comments — The full City Engineer memo and storm water management are 14 available as attachments and all changes should be made, per the memo to the satisfaction of 15 the City Engineer. 16 • Agency Comments — Park Board and Hennepin County permits shall be obtained and permit 17 requirements should be incorporated, as final approval by those agencies requires. 18 • Revised Traffic Study Recommendations — All traffic mitigation efforts listed in the revised 19 traffic study shall be part of the conditions for approval, as permitted by other regulating 20 agencies (Park Board and Hennepin County). 21 • Receipt of All Applicable Permits — All other agency permits shall be obtained, and plans 22 approved prior to construction on the site. 23 24 Councilmember Jenson stated he has a concern about the project. He would like to see some 25 certainty that AEON is moving forward with their proposal and it is going to happen for sure 26 before he would want to approve the PUD. Other than that, he agrees with the proposal but feels 27 the certainty is needed on the AEON project. 28 29 Mayor Faust stated with certainty, that cannot be offered this evening and that is a separate case. 30 It was noted that approval takes 4/5 1h, of Council vote and the City won't know certainly on the 31 AEON project. Mayor Faust stated he would bet his last dollar based on the information that is 32 being processed and his understanding of it, that it will happen. He stated he wouldn't do this 33 unless he was pretty sure it will come to pass and there will be some type of affordable housing. 34 35 Councilmember Jenson asked Mayor Faust when the discussions were held with AEON and 36 what was their timing. Mr. Casey stated there was no specific timeline but they would like to 37 move quickly due to various grants that would be available. He stated he is not privy to the 38 discussions between AEON /Bremer Bank and there was no indication of when a purchase 39 document would be done. 40 41 Mayor Faust noted May and June is when the grants are available from the Met Council. This is 42 the window in which the grant applications need to be done so they will need to move quickly. 43 Mayor Faust stated he has heard Bremer Bank also wants it to move quickly. 44 45 City Attorney Steger clarified the 4/5 1h, vote requirement applies to the final plat approval. The 46 general rules of Council apply to the preliminary plat approval. City Council Regular Meeting Minutes March 27, 2018 Page 12 Motion Carried 4 -0. VI. GENERAL BUSINESS OF COUNCIL. A. Resolution 18 -031; a Resolution In Support of the "Mayor's Challenge for Water Conservation." 9 City Manager Casey reviewed Council is requested to consider a resolution in support of the 10 Mayor's Challenge for Water Conservation. The seventh annual National Mayor's Challenge for 11 Water Conservation is presented by the Wyland Foundation and Toyota, with support from the 12 U.S. EPA WaterSense, Toro Company, National League of Cities, ConservaIrrigation and Earth 13 Friendly Products (makers of ECOS), which is a healthy, non - profit competition for cleaner 14 communities and a water use and pollution reduction competition between cities. It was noted 15 that residents can register their participation online by making simple pledges to decrease their 16 water use and to reduce pollution for the period of one year. Between April 1 -30, 2018 the City 17 of St. Anthony wishes to inspire its residents and neighboring communities to take the " Wyland 18 Mayor's Challenge for Water Conservation" by making a series of online pledges at 19 mywaterpledge.com to reduce their impact on the environment and to see immediate savings in 20 their water, trash, and electricity bills. Information will be available on the City website. 21 22 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 23 18 -031; a Resolution in support of the "Mayor's Challenge for Water Conservation' 24 25 Motion Carried 4 -0. 26 27 B. St. Anthony Police Department Annual Resort 28 29 Police Chief Jon Mangseth presented the 2017 St. Anthony Police Department Annual Report. 30 He provided a department summary, part I and part II crimes, calls for service, patrol review, 31 investigation review, education summary, police reserves, social media, community engagement, 32 progress report, what's on deck, and how residents can stay connected to the Police Department. 33 He also provided the current headcount due to staff losses, transfers, etc. The full Police 34 Department will be on the City Website on March 28, 2018. Police Chief Mangseth named the 35 achievements of many of the officers, staff, and reserve officers within the Department. 36 37 Councilmember Gray asked about the clearance rate and how that has trended over the past few 38 years. Chief Mangseth stated they have stayed within that 43 — 49 %. Councilmember Gray stated 39 the Chief and his management staff have dealt with what has gone on during the past year in a 40 fantastic way, noting community engagement is not new to the Department. 41 42 Councilmember Jenson highlighted and read the strategic principles from the full report. 43 44 Mayor Faust stated the police officers have embraced the body cams and there won't be an issue 45 of them turning them on. He added that the consistency in leadership creates a good environment City Council Regular Meeting Minutes March 27, 2018 Page 13 1 for the Department and improves retention. Mayor Faust thanked the Chief and Department for 2 their service to the community. 4 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey noted the Spring Newsletter should be mailed any day now and will also be sent electronically to those that have requested the push -out. 9 Councilmember Randle had no report. 10 I 1 Councilmember Jenson stated on March 22, he attended the Legislative Conference along with 12 Councilmember Randle. On March 26, he attended the Joint Meeting with the Planning 13 Commission and Worksession along with Councilmembers Randle and Gray. 14 15 Mayor Faust stated he attended the Legislative Conference during which they were able to 16 connect with many legislators. He explained the retainage fee and contacted Senator Laine. 17 18 VIII. COMMUNITY FORUM. 19 20 Mr. Thomas Issacson, 2604 Pahl Avenue, stated he appreciated the traffic study on 27`h Avenue 21 and had concerns if there is another development on 271i Avenue. He noted there was discussion 22 of making it one -way and he is concerned with the street being used as a cut - through. He is also 23 concerned about the 80 school age kids who live in the neighborhood and their safety. Mr. 24 Issacson stated he would like to work with the City to address driver behavior. 25 26 Ms. Mary Jackson, 3605 37'h Avenue, raised the issue of sidewalks, the construction project at 27 Wilshire School, and the sidewalk on Highcrest that has been demolished. She is concerned with 28 the bike and pedestrian traffic safety during this construction since there have been many high - 29 risk situations with people walking on the street due to the absence of the sidewalk. Ms. Jackson 30 stated she believes there needs to be a temporary route per ADA requirements as it is a tragedy 31 waiting to happen. She suggested the development plans need to be reviewed for safety of 32 children. Mayor Faust asked Ms. Jackson if she spoke with the school district. Ms. Jackson 33 asked Mayor Faust to contact the school district and stated the sidewalk is public property as 34 well as the street. 35 36 Mr. Gene Bird, 2509 Silver Lane, asked Councilmember Randle if the Council or Mayor Faust 37 had asked him to submit an application for the Councilmember seat he now has. Councilmember 38 Randle responded no. 39 40 In regard to the Worksession held at the Marriott in Brooklyn Park, Mr. Bird wanted to know 41 what the Mayor and Council thought were the dividends from this retreat will be. Mayor Faust 42 stated the plan that comes out of it every year is shared with the residents. Mayor Faust stated it 43 saves a lot of money and helps the Council to move forward. 44 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City Council Regular Meeting Minutes March 27, 2018 Page 14 Mr. Bird asked why tax money was spent for this retreat while under the current leadership, the City has lost money, citing the lost contract with Falcon Heights was around $674,000. Mayor Faust stated under his leadership, the City has received $31,000,000 in grants. Mr. Bird asked if the retreat location in Brooklyn Park was primary to what was developed and whether it was critical to hold the meeting outside St. Anthony. Mr. Bird was invited to come to the April 21, Coffee with the Council. Mr. Bird explained he is concerned that the jaunt to Brooklyn Park cost $25,000 - $30,000. Mr. Bird asked why they used Dorsey & Whitney instead of the City Attorney. Mayor Faust stated they are the City Attorney. Mr. Bird asked why the meeting could not have been in St. Anthony and referenced Apollo 13. Mr. Bird stated he thinks Councilmember Stille gets it wrong on that and he does not see Council listening to people. Mr. Bird stated he recently met with Chief Mangseth regarding an issue, the Chief listened, and the issue was resolved. Mr. Bird stated his opinion that the appointment of Councilmember Randle, who received 4% of the vote vs. another person who got 29% of the vote, is not listening to the residents. He would like to hear Council and Mayor thoughts on these issues. IX. INFORMATION AND ANNOUNCEMENTS — NONE. X. ADJOURNMENT. Mayor Faust adjourned the meeting at 9:25 p.m. Respectfully submitted, Debbie Wolfe Timesaver off Sate Secretarial, Inc. 33 ATTEST: 34 35 Mayor City 6erk