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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JUNE 25, 2024
CALL TO ORDER.
Mayor Webster called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Webster invited the Council and audience to join her in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Webster, Councilmembers Doolan, Jenson, Randle, and Stephens.
Absent:
Also Present: City Manager Charlie Yunker, WSB Project Manager Katie Koscielak, and City
Planner Steve Grittman.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF JUNE 25, 2024 CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Jenson, seconded by Councilmember Stephens, to approve the City
Council Meeting Agenda of June 25, 2024.
Motion carried 5-0.
II. PROCLAMATIONS AND RECOGNITIONS.
County Commissioner MaryJo McGuire had a conflict and unable to attend this evening.
III. CONSENT AGENDA.
A. Approve June 11, 2024, Council meeting minutes.
B. Licenses and permits.
C. Claims.
Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
IV. PUBLIC HEARING - NONE.
V. REPORTS FROM COMMISSION AND STAFF - NONE.
Motion carried 5-0.
City Council Regular Meeting Minutes
June 25, 2024
Page 2
1 VI. GENERAL BUSINESS OF COUNCIL.
2
3 A. Resolution 24-041 — Approving Letter of Concurrence for Watershed District Boundary
4 Chaneg /Adjustment.
6 Ms. Katie Koscielak reviewed Rice Creek Watershed District (RCWD) has reached concurrence
7 with the neighboring Watershed Management Organizations (WMOs) regarding the hydrologic
8 watershed boundary within Ramsey, Hennepin and Anoka Counties and has adjusted the
9 proposed legal watershed boundary per comments received from the WMOs and Cities. A letter
10 from City Engineer Justin Messner was provided for Council consideration. Ms. Koscielak
11 reviewed a map showing the new boundary changes in detail.
12
13 The RCWD now intends to initiate the boundary change process under MS 103B.215 which
14 includes submitting a petition to the Board of Water & Soil Resources accompanied by a written
15 statement of concurrence in the petition from the governing body of each statutory or home rule
16 charter city and town and each watershed management organization having jurisdiction over the
17 territory proposed to be added or transferred.
18
19 As one of the 12 cities and WMOs affected by this proposed boundary change, the RCWD is
20 requesting St. Anthony's written concurrence on the proposed boundary change.
21
22 Staff has reviewed the request and recommends the City consider approval of the watershed
23 boundary adjustment. The resolution of approval and draft letter of concurrence was provided for
24 Council consideration.
25
26 Councilmember Jenson asked who needs to be concerned about these changes. Ms. Koscielak
27 stated each watershed has its own rules on storm sewer and road reconstructions.
28
29 Councilmember Doolan asked if the two watersheds are comparable as far as property tax rates.
30 Mr. Yunker stated all watersheds are comparable and a change wouldn't even be noticed.
31
32 Motion by Councilmember Doolan seconded by Councilmember Randle, to approve Resolution
33 24-041 — Approving Letter of Concurrence for Watershed District Boundary
34 Change/Adjustment.
35
36 Motion carried 5-0.
37
38 B. Resolution 24-042 — Awarding a Ouote for the Highcrest Road Storm Sewer Repair.
39
40 Ms. Katie Koscielak reviewed the resolution awards the contract for the Highcrest Storm Sewer
41 Repair to the lowest quote. She showed photographs of the sinkhole that has occurred. A
42 reinforced concrete pipe will be installed. Some diseased trees need to be removed prior to the
43 project starting in the fall.
44
4
City Council Regular Meeting Minutes
June 25, 2024
Page 3
Two quotes were received ranging from $64,215.00 - $71,730.00. The low quote received from
Bituminous Roadways, Inc. with a quote amount of $64,215.00 was provided for Council
consideration. Two quotes were received ranging from $64,215.00 - $71,730.00.
Councilmember Doolan asked if it is just Highcrest north of 37' Street. Ms. Koscielak stated it
should not impact the road and just the portion of pipe will be replaced.
8 Motion by Councilmember Randle seconded by Councilmember Jenson, to approve Resolution
9 24-042 — Awarding a Quote for the Highcrest Road Storm Sewer Repair to Bituminous
10 Roadways, Inc. for $64,215.00.
11
12 Motion carried 5-0.
13
14 C. Ordinance 2024-02 — Amending the St. Anthony City Code by Amending Section 91 of
15 the City Code Relating to Animals.
16
17 City Planner Stephen Grittman reviewed the proposed beekeeping ordinance changes are before
18 City Council for the second of three readings. At the June 11, 2024 meeting, the Council
19 forwarded the first reading with a request for additional information relating to questions around
20 whether notice of a neighboring bee -sting allergy should disqualify the application, or whether
21 such notice should merely inform the Council's consideration of an application. The Council also
22 sought information on how other communities treat this matter (neighbor allergies), and how that
23 issue might relate to general nuisance considerations.
24
25 Staff has investigated these issues with the Code Compliance Officer who conducted the primary
26 research for the Parks and Environmental Commission's ordinance work. The Code Officer
27 indicated that other community ordinances were reviewed in summary, and the PEC's work
28 represents the dominant themes that arose from that review.
29
30 Proposed changes to the second reading are collected in Subsection (G) and highlighted for the
31 Council's review. The changes create a clear disqualification for applications that elicited a
32 positive response from any abutting neighbor to the bee -sting allergy issue. The structure of the
33 ordinance would create a process as follows:
34 a. Application is made to City Staff.
35 b. Staff creates a notice to abutting neighbors of the application for beekeeping, including a
36 request for response to any medically -documented bee -sting allergies for current
37 residents.
38 c. Neighbors are notified of the upcoming Council meeting on the application and given the
39 opportunity to respond to staff.
40 d. Any responses that claim the presence of a bee -sting allergy would result in rejection of
41 the application by Staff.
42 e. Staff would notify Council of the application as an agenda item, and whether the
43 application was rejected, or if it is being brought forward for Council approval.
44
45 The Council also questioned the aspects of the code related to nuisance concerns. The Code
46 Officer indicated that per the resource materials used by the PEC — including those from the
City Council Regular Meeting Minutes
June 25, 2024
Page 4
University of Minnesota Extension — that hive maintenance requirements were a key in
minimizing the potential that the bees would become more aggressive. Those aspects of
maintenance are built into the Code language in that regard.
The Council also asked about the longer -term impact of the allergy issue, and the effect on an
approved beekeeper when new allergic neighbors move nearby. The language of the proposed
ordinance creates a requirement for approved beekeeping locations and makes it clear that new
neighbors moving to the area would not result in termination of a prior approval.
10 As discussed by the Planning Commission, while beekeeping can create a heightened level of
11 concern, proof issues would exist for an allergic neighbor who wished to make a nuisance claim.
12 To help address this concern, the PEC structured its original recommendation to require that bee-
13 sting allergies result in automatic rejection to avoid creating that concern for susceptible
14 residents. This is in line with the idea that beekeeping, while it has certain specific benefits, is
15 not an intrinsically residential use of property, and that potential beekeepers are subject to the
16 discretion of the City when seeking to pursue this activity.
17
18 Apart from this change the proposed Ordinance amendment has been generated by the Parks and
19 Environmental Commission to allow beekeeping in St. Anthony. If adopted, beekeeping would
20 be allowed upon approval of the City Council as a waiver from what is currently a prohibition on
21 "farm animals". The approval would be subject to a set of regulations that are designed to ensure
22 that applicants are thoroughly trained to responsibly keep and maintain bees on their residential
23 property.
24
25 For bees, the waiver process would still exist, however, extensive requirements for bees are
26 proposed. Beekeeping operations can be difficult for potential beekeepers to successfully and
27 safely implement in residential environments, and the requirements in the attached ordinance are
28 intended to address those issues.
29
30 Staff recommends the Council approve second reading of the Ordinance, based on the
31 modifications made to the initial version. If approved, a formal ordinance amendment will be
32 prepared for subsequent readings in anticipation of final adoption.
33
34 Councilmember Jenson stated he agrees with how the requirements were listed for beekeeping.
35
36 Motion by Councilmember Doolan seconded by Councilmember Stephens, to approve Second
37 Reading of Ordinance 2024-02 — Amending the St. Anthony City Code by Amending Section 91
38 of the City Code Relating to Animals.
39
40 Motion carried 5-0.
41
42 D. Ordinance 2024-03 — Amending the St. Anthony City Code by Amending Title XI
43 Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis
44 Products.
45
City Council Regular Meeting Minutes
June 25, 2024
Page 5
1 City Planner Grittman reviewed the City Council considered the first reading of amendments to
2 the Zoning Ordinance related to cannabis retailing at its regular meeting on June 11, 2024. The
3 Council discussed aspects of the proposed ordinance, with two suggested additions to the
4 language. First was the inclusion of residential substance abuse treatment centers to the list of
5 land uses that would be included in the separation buffers being created by the Code. The second
6 was to increase the proposed separation buffer for childcare centers to 300 feet, from the
7 Planning Commission's recommendation of 100 feet. The proposed ordinance includes those
8 changes. The language of the code recommends that the separation from treatment centers to be
9 listed as "licensed" centers by the State of Minnesota. The City can research properly licensed
10 facilities and make an informed judgment about distance and registration. There are some
11 "treatment" facilities that operate as "sober houses" or other similar unlicensed programming
12 which would not be trackable. Staff has inserted a 300 foot separation buffer for these uses in the
13 proposed language.
14
15 Staff requests that the City Council consider the second reading of the attached Ordinance 2024-
16 03. Staff continues to recommend that the moratorium ordinance enacted last August continue in
17 force as further materials are generated by the State of Minnesota over the next several months.
18
19 Mr. Grittman noted the Planning Commission will be asked to further discuss the separation
20 distance aspects of the potential regulations and raise other issues as they may impact a final
21 ordinance adoption. With these comments, and if the proposed Ordinance amendments reflect
22 those discussions, forwarding the zoning amendment to the City Council would be in order. If
23 the Planning Commission agrees, staff recommends approval of a draft zoning regulation that
24 creates the separation distances for schools (1,000 feet), parks (500 feet — specifically for Central
25 Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park), and either a
26 specific distance or an "abutting property" separation for childcare facilities.
27
28 Mr. Grittman provided for Council consideration the State Law — Local Control, Map of
29 Separation Distance Impacts and the Draft Ordinance Amendment. The Office of Cannabis
30 Management is already sending out information to Cities.
31
32 Councilmember Randle stated there is a group that is being left out — senior facilities. Mr.
33 Grittman stated the State does not give St. Anthony authority to create a buffer zone for senior
34 facilities.
35
36 Mayor Webster stated the distance the City agrees to for a buffer can be greater than what the
37 State determines.
38
39 Councilmember Doolan asked what the definition of schools is for this resolution. Mr. Grittman
40 stated it would cover all state -licensed schools. More guidance on home -schooling and family
41 daycares should be coming from the State. Councilmember Doolan asked if a license has been
42 granted and something moves next door to it, would the license that was issued take precedence.
43 Mr. Grittman stated that is correct and is a general operation of law.
44
City Council Regular Meeting Minutes
June 25, 2024
Page 6
1 Motion by Councilmember Jenson seconded by Councilmember Doolan, to approve Second
2 Reading of Ordinance 2024-03 — Amending the St. Anthony City Code, by Amending Title XI,
3 Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis Products.
4
5 Motion carried 4-1 (Randle).
6
7 E. Resolution 24-043 — Approving Amendments to Doran Planned Unit Development
8 Agreement and Ancillary Documents Related to Doran's Contract for Private
9 Development.
10
11 City Manager Yunker reviewed Doran representatives reached out to staff to request approval of
12 these documents in order to secure their financing for Phase II of The Ruby at 3750 Silver Lake
13 Rd NE in St. Anthony. This is a timely request for Doran, as they need these documents executed
14 so they can secure their financing that is scheduled a few days subsequent to this meeting.
15
16 The City worked to respond and provide the needed City & HRA approvals by their needed
17 deadline, and the requested documents were reviewed by Stacie Kvilvang of Ehlers and her
18 team, City Planner Grittman and City Attorney Lindgren and his team. All reviewed their
19 respective documents as appropriate and recommend approval.
20
21 Mr. Yunker provided the City Attorney's Summary Memo, First Amendment to Planned Unit
22 Development Agreement, Amended Subordination of Development Agreement, Memorandum
23 of Unrecorded Agreements and Resolution 24-043.
24
25 Councilmember Doolan asked about the schedule and is there a proposed start and completion
26 date? Mr. Yunker stated an extension of the dates was approved. They have already committed
27 to those dates. The original TIF was for site preparation and clean-up. Councilmember Doolan
28 asked if the remediation has been done and Mr. Yunker stated it has been after the WalMart
29 building was torn down and new construction was started.
30
31 Mayor Webster stated Doran came back for timeline extension due to higher interest rates. In
32 Phase I part of their challenge was supply chain issues.
33
34 Motion by Councilmember Doolan seconded by Councilmember Jenson, to approve Resolution
35 24-043 — Approving Amendments to Doran Planned Unit Development Agreement and
36 Ancillary Documents Related to Doran's Contract for Private Development.
37
38 Motion carried 5-0.
39
40 VIL REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
41
42 City Manager Yunker had no report.
43
44 Councilmember Randle had no report.
45
46 Councilmember Doolan had no report.
City Council Regular Meeting Minutes
June 25, 2024
Page 7
2 Councilmember Jenson stated on June 14, he attended the Ramsey County Local League of
3 Governments Legislative Session. He also attended the Board of Directors Meeting. On June 25,
4 2024 he attended the Climate Action Work Committee Meeting.
Councilmember Stephens stated on June 20 she attended Rep Omar's Town Hall Meeting.
8 Mayor Webster stated on June 12 she met with Pastor Jeff at Faith United Methodist Church.
9 She also worked with Councilmember Jenson on a document regarding the possible policing
10 partnership with Falcon Heights. On June 13 she met with Councilmember Jenson again and on
11 June 25. On June 22 she attended the Mounds View Juneteenth Celebration. The 2023
12 population of St. Anthony was 9,839 people between Hennepin and Ramsey Counties. She
13 thanked City Staff for answering residents' questions about drinking water in St. Anthony.
14
15 VIII. COMMUNITY FORUM.
T
17 Mr. Cody Holliday, 3528 Skycroft Drive, stated he was the lone no -vote on the beekeeping
18 ordinance. There is a 3 mile radius for bee feeding. He is opposed to the change and made some
19 recommendations such as a sign on the property that a beehive is present. He asked if the allergy
20 concerns pertain to commercial business employees and visitors to the business. He lives near
21 the Central Park pavilion. He has been told by neighbors there has been an increase in amplified
22 noise in the park. The sound is being amplified outside the park boundaries. He cited the current
23 Ordinance and noted the peace and quiet of those nearby is being affected and neighbors should
24 not be disturbed on an ongoing basis. This weekend was very bad and the type of music being
25 played was disturbing including racial slurs. His neighbor at 3524 Skycroft Drive shared her
26 concerns with Mr. Holliday. He is requesting the Council amend the Ordinance that would
27 address this amplified sound. He emailed to the Council the Minneapolis Ordinance for
28 consideration.
29
30 IX. INFORMATION AND ANNOUNCEMENTS - NONE.
31
32 X. ADJOURNMENT.
33
34 Motion by Councilmember Jenson, seconded by Councilmember Stephens, to adjourn the
35 meeting at 7:55 p.m.
36
37 Motion carried 5-0.
38
39 Respectfully submitted,
40 Debbie Wolfe
41 TimeSaver Off Site Secretarial, Inc.
42
43
44 ATTES
45 6ty CIA
46
Mayor