HomeMy WebLinkAboutCC MINUTES 01082019I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 JANUARY 8, 2019
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, Randle and Stille.
16 Absent: None
17 Also Present: City Manager Mark Casey and Planning Commission Chair Dominic Papatola.
18
19
20 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
21 ITEMS.
22
23 I. APPROVAL OF JANUARY 8, 2019 CITY COUNCIL MEETING AGENDA.
24
25 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
26 Council Meeting Agenda of January 8, 2019 as presented.
27
28 Motion carried 5 -0.
29
30 II. PROCLAMATIONS AND RECOGNITIONS - NONE.
31
32 III. CONSENT AGENDA.
33
34 A. Approval of December 11, 2018 City Council Meeting Minutes
35 B. Licenses and Permits.
36 C. Claims.
37 D. Resolution 19 -001: a Resolution Accepting Donations and Grants Received in the 4th
38 Ouarter of 2018.
39 E. Housekeeping Resolutions
40
41 Resolution 19 -002; a Resolution Designating Randy Stille as Mayor Pro -Tem for the
42 Calendar Year 2019.
43
44 Resolution 19 -003; a Resolution Authorizing the Mayor, City Manager and Finance
45 Director to Make Certain Financial Transactions Regarding City Financial Accounts.
46
47 Resolution 19 -004; a Resolution Designating US Bank, N.A. of St. Anthony as the
48 Official Depository for City Funds for the Calendar Year 2019.
49
City Council Regular Meeting Minutes
January 8, 2019
Page 2
Resolution 19 -005; a Resolution Designating Lille Suburban Newspapers, Inc. (St.
Anthony Bulletin) the Legal Newspaper for the City of St. Anthony Village for the
Calendar Year 2019.
Resolution 19 -006; a Resolution Adopting the Standing Rules of Conduct for City
Council Meetings for 2019.
8 Resolution 19 -007; a Resolution Adopting the Elected Officials Travel Policy for 2019.
9
10 Resolution 19 -008; a Resolution Designating Steve Carlson of Hedbeck, Arendt, and
11 Carlson the Prosecuting Attorney for the City of St. Anthony for 2019.
12
13 Resolution 19 -009; a Resolution for the 2019 Street Improvement Bond Reimbursement.
14
15 Resolution 19 -010; a Resolution for the 2020 Street Improvement Bond Reimbursement.
16
17 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve the Consent
18 Agenda items.
19
20 Motion carried 5 -0.
21
22 IV. PUBLIC HEARINGS - NONE.
23
24 V. REPORTS FROM COMMISSION AND STAFF.
25
26 A. Resolution 19 -011, a Resolution Denvine a lot split with a variance request for lot size on
27 a corner lot at 3713 33rd Avenue NE
28
29 This item was tabled.
30
31 B. Resolution 19 -012; a Resolution Denying a variance request for a swimming pool and
32 pool mechanical equipment in the required setback at 4021 Silver Lake Terrace
33
34 Planning Chair Papatola reviewed the applicant proposes to add an accessory building, swimming
35 pool and pool mechanical equipment building in the rear yard. The proposal requires approval of
36 variances from the 75 -foot required rear yard. For lots on Silver Lake, the rear yard is measured
37 from the ordinary high -water elevation for Silver Lake, which is 934 feet. The existing home
38 meets this setback. The proposed variances are a 10 foot for the accessory building resulting in a
39 65 -foot variance; a 36 foot for the swimming pool resulting in a 39 -foot variance and a 51 foot for
40 the mechanical equipment resulting in a 24 -foot variance. Mr. Papatola noted the applicant is a
41 current member of the Planning Commission and he recused himself from this discussion and
42 voting on the matter.
43
44 Maps of the area were provided for Council review. The applicable codes that apply to this
45 proposal are City Code Chapter 152 Zoning Code, Section 152.050 R -IA Single - Family
46 Lakeshore District; Sections 150 -053 (B) (1) and (3) applying to setbacks for swimming pools
City Council Regular Meeting Minutes
January 8, 2019
Page 3
1 and pool mechanical equipment and Sections 152.054 applying to setbacks for building. A
2 drawing of the proposed accessory building was shown. Mr. Papatola reviewed the Criteria for
3 Variance Approval noting which criteria were met and not met.
The Planning Commission recommends denial of the variance request for the swimming pool and
swimming pool mechanical equipment and approval of the variance request for an accessory
structure.
9 Councilmember Stille noted these variances are rather extreme and asked what the Planning
10 Commission considered as far as the accessory building. Chair Papatola stated the plans showed
11 the building would be obtrusive and similar to another building constructed at Silverwood Park.
12
13 Councilmember Jensen noted Silver Lake is a public lake and asked if the DNR has any
14 regulations as far as the setback. Planning Chair Papatola stated the 75 feet is a fairly common
15 setback requirement. Councilmember Jensen stated the DNR specifications should be considered.
16
17 Councilmember Jensen referred to the findings of fact and four of the criteria not met on the
18 accessory structure. Mr. Papatola stated in the past, the Planning Commission has recommended
19 approval of variances that do not meet all criteria.
20
21 Mayor Faust clarified since Silverwood Park was an example, this was a facility to be used by the
22 public. A public facility does not fall the same way as a private facility. Mayor Faust recalled the
23 75 feet was determined based on the DNR specifications.
24
25 Ms. Alisa Bartel, 4021 Silver Lake Terrace, thanked Council for their consideration. They are
26 requesting two variances. She stated the accessory building would be on their private property and
27 the steep nature of their property makes their distance to their home up three flights of stairs.
28 They were recent victims of a home invasion and it is important to them to secure their personal
29 property. Ms. Bartel noted their impervious surface would be 29.09 %, which is well under the
30 35% in the City Code. All their neighbors are in support of their plans.
31
32 Councilmember Gray asked what the DNR requirements are and Mr. Casey stated that would be
33 consistent with the 75 feet.
34
35 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 19-
36 012; a Resolution Adopting Findings of Fact and Reasons for Denial of a Variance Request for a
37 Swimming Pool and Pool Mechanical Equipment in the Required Setback by Dan and Alisa
38 Bartel at 4021 Silver Lake Terrace.
39
40 Councilmember Stille noted there is more that should be brought out in fairness to the applicant
41 and to the City. The 75 -foot line is there so the shoreline is not constructed upon. The City needs
42 to be consistent.
43
44 Mayor Faust stated any time the Council deviated they would be setting a precedence. The
45 existing swimming pools were there before the Code change.
46
City Council Regular Meeting Minutes
January 8, 2019
Page 4
Motion carried 5 -0.
3 C. Resolution 19 -013• a Resolution Approving a variance request from the required seventy-
4 five (75) foot rear Yard setback for an accessory building in the R -lA district at the
5 property located at 4021 Silver Lake Terrace.
6
7 Motion by Councilmember Gray, seconded by Councilmember Randle, to approve Resolution 19-
8 013; a Resolution Approving a Request for a Variance from the Required Seventy -Five (75) Foot
9 Rear Yard Setback for an Accessory Building in the R -lA District at the Property Located at
10 4021 Silver Lake Terrace.
11
12 Mayor Faust stated if this is passed, there will be more requests for accessory buildings on the
13 lake.
14
15 Councilmember Stille stated in reviewing the Planning Commission's recommendation, it is
16 based on Silverwood having a building. Requests will come in for other buildings so the
17 ordinance needs to be reviewed.
18
19 Councilmember Jensen stated the Council would be setting a precedence that conflicts with the
20 DNR so he will not vote for this approval.
21
22 Councilmember Randle stated there is no guarantee other variance requests will come in for
23 accessory buildings.
24
25 Councilmember Gray suggested looking at changing the ordinance if this were to be allowed.
26
27 Mayor Faust stated this could be denied and the Planning Commission could look at possible
28 revisions to the Code.
29
30 Motion failed 1 -4 (Faust. Jenson. Stille, Gray).
31
32 VI. GENERAL BUSINESS OF COUNCIL.
33
34 A. 2019 Planning Commission Work Plan.
35
36 Planning Commission Chair Papatola reviewed the Planning Commission 2019 Work Plan. The
37 Planning Commission is a seven - member advisory commission, appointed by the City Council,
38 and charged with the following duties (City Code Chapter 32, Section 32.06):
39 A. Review and make recommendations to the City Council as to a comprehensive municipal
40 plan, including the land use plan, a community facilities plan, a transportation plan, and
41 recommendations for plan adoption and execution;
42 B. Consider and make recommendations to the City Council as to all proposed subdivisions
43 and plats;
44 C. Consider and make recommendations to the City Council as to all proposed amendments
45 to the Chapters 151 and 152 of this code regarding subdivisions and zoning;
City Council Regular Meeting Minutes
January 8, 2019
Page 5
1 D. Consider, hold hearings, and make recommendations on conditional use permit
2 applications;
3 E. Review all applications for variance to zoning, hold hearings, and make
4 recommendations to the City Council; and
5 F. Review requests for sign variances.
6
7 In 2019 the Planning Commission will focus on the following items:
8 1. Continue training on both planning/zoning issues through GTS /WSB partnership.
9 2. Review and make recommendations on land use and development applications, including
10 holding public hearings.
11 3. Upon approval and adoption of the comprehensive plan, begin work on implementation
12 of zoning amendments needed to effect the plan. Provide recommendations to the City
13 Council on such amendments.
14
15 Councilmember Stille thanked Chair Papatola for his work. He noted the City pays for any
16 training provided to Planning Commissioners.
17
18 Mayor Faust thanked the Planning Commission for their work. The Council will further discuss
19 the accessory building code before giving it back to the Planning Commission
20
21 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the St.
22 Anthony Village Planning Commission 2019 Work Plan.
23
24 Motion carried 5 -0.
25
26 B. Resolution 19 -014: a Resolution Authorizing Transfers of Specified Funds
27
28 City Manager Casey reviewed Council is requested to consider a resolution to approve the
29 transfer of Enterprise Fund's Other Postemployment Benefit (OPEB) liabilities to the City
30 Internal Service Fund for pension liabilities as of 1/1/2018. Per discussions with the City's
31 auditors it was determined that by the accounting for all Funds OPEB liabilities within Internal
32 Service fund would provide a consolidate picture of OPEB status. A further outcome is a
33 treatment that is consistent with how the City's governmental funds accounts for OPEB
34 liabilities. Lastly, it achieves the removal of the year to year impact of changing actuarial
35 estimates from the Enterprise Fund Balance Financial statements.
36
37 Councilmember Stille asked who comes up with the calculation and City Manager Casey stated
38 the auditor does.
39
40 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Resolution
41 19 -014; a Resolution Authorizing Transfers of Specified Funds.
42
43 Motion carried 5 -0.
44
45 C. Resolution 19 -015: a Resolution Approving Fund Balance Policy Revisions effective as
46 of 12/31/2018.
City Council Regular Meeting Minutes
January 8, 2019
Page 6
2 City Manager Casey reviewed the City Council is requested to consider approving a resolution to
3 revise the Fund Balance policy with an effective date of 12/31/2018. The revisions proposed are
4 limited to the General Fund Policy with the marked -up revisions provided.
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
As part of the Minimum Fund Balance calculation expenses attributed to the police services
contract are deducted from the general fund operating budget. The resulting net operating
expenditure level is used in the calculation of Minimum Fund Balance. Staff is proposing the
excluded expenses be expanded to include the following:
• Expenses attributed contracted Financial /HR services provided to the Mississippi Water
Management Organization and the City of Birchwood Village
• Expenses attributed to the Fire State Aid payment to the St. Anthony Fire Relief
Association, for which a matching intergovernmental revenue source exists.
The revisions negate the impact to the Minimum Fund Balance of any change in state aid levels,
along with lowering the Minimum Fund Balance required.
Councilmember Stille asked if the auditors are okay with this and City Manager Casey stated
they are.
Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve Resolution
19 -015; a Resolution approving Fund Balance Policy Revisions Effective as of 12/31/2018.
Motion carried 5 -0.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey reported the Winter Newsletter is out. The option of email is available to
residents.
Councilmember Stille stated on December 13, he attended a Real Estate Affordable Housing
Summit. On December 14, he attended the Urban Land Institute Affordable Housing Seminar.
Councilmember Gray had no report.
Councilmember Randle had no report.
Councilmember Jenson had no report.
Mayor Faust stated earlier today, he attended the Mississippi Water Management Organization
meeting.
VIII. COMMUNITY FORUM — NONE.
IX. INFORMATION AND ANNOUNCEMENTS- NONE.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
City Council Regular Meeting Minutes
January 8, 2019
Page 7
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:46 p.m.
Respectfully submitted,
Debbie Wolfe
TimeSaver off Site Secretarial, Inc.
ayor
ATTEST: v
City derk *-- 0