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HomeMy WebLinkAboutCC MINUTES 02262013I 2 3 4 5 6 7 8 9 10 I I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CALL TO ORDER. CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 26, 2013 Mayor Pro Tern Stille called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Pro Tern Stille invited the Council and audience to join him in the Pledge of Allegiance. ROLLCALL. Present: Mayor Pro Tern Stille; Councilmembers Jenson and Roth. Mayor Faust and Councilmember Gray. Absent: Also Present : City Manager Mark Casey, City Engineer Todd Hubmer, and Fire Chief John Malenick. Guest: Stacie Kvilvang (Ehlers & Associates). CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF FEBRUARY 26, 2013, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Jenson, seconded by Councilmember Roth , to approve the City Council Meeting Agenda of February 26, 2013. Motion carried 3-0. II. PROCLAMATIONS AND RECOGNITIONS. None. III. CONSENT AGENDA. A. Consider February 12,2013, Council meeting minutes; B. Consider licenses and permits; and C. Consider payment of claims. Motion by Councilmember Roth , seconded by Councilmember Jenson, to approve the Consent Agenda items. Motion carried 3-0. IV. PUBLIC HEARING, A. Resolution 13-027; a Resolution Ordering Improvements for the 2013 Street & Utility Improvements. Todd Hubmer. WSB & Associates. presenting. I 2 3 4 5 6 7 8 9 10 I I 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 City Council Regular Meeting Minutes February 26, 2013 Page 2 Mayor Pro Tem Stille opened the public hearing at 7:03 p.m. City Engineer Hubmer explained that the 2013 street and utility improvement project will take place on 36 th Avenue from Roosevelt to Silver Lake Road and on Edward Street from 36th to 35 th Avenues. He stated the sanitary sewer improvements include replacing the existing clay tile along Edward Street and segments of 36th Avenue noting these improvements will help reduce the City 's 1&1. He stated the project will also replace the existing 6" cast iron water main with 8" ductile iron pipe and the concrete streets will be replaced with asphalt. He indicated other improvements include drainage improvements at the intersection of Roosevelt and 36th to deal with water ponding in the intersection and these improvements have been included based on the request of several residents. He stated there are two water quality improvement projects under consideration to meet the requirements of the Rice Creek Watershed District and one of the projects involves improvements at Salo Park adding that City staff will be meeting next week to determine if the maintenance costs associated with the Salo Park improvements are in line with the benefits of the project. He stated the other water quality project is located at the Industrial Custom Products building and involves the installation of an in-line treatment system similar to the system located at Village Pub. He advised that residents will not have access to their homes while utility construction is taking place in front of their driveway and requested that residents inform the City of any special events planned during construction. He also requested that residents inform the contractor of any sprinkler systems or invisible fencing. He stated that temporary water service will be in place during construction and asked residents not to mow or weed whip next to the temporary water service. He advised that the City will replace approximately 15' of driveways and residents can replace the remainder of their driveway at their expense if they choose; bid prices for asphalt are $34 per square yard and $43 per square yard for concrete. He indicated construction is scheduled to begin in April or May with substantial completion in October 2013. He stated the total project cost is $1 ,803 ,196.62 with $1 ,078 ,164.03 for street reconstruction , $160,483.90 for sanitary sewer improvements, $308 ,025.55 for water main improvements, $156,523.14 for storm sewer improvements , and $100,000 for water quality improvements. He stated the amount assessable to residents is $379,200.40 and explained how assessments are calculated for standard and corner lots. He indicated residents can either pay their assessment in full or paid over a fifteen-year period with interest otherwise the amount will go on the property taxes and assessed over fifteen years. Mayor Pro Tem Stille requested further information regarding the costs associated with the water quality improvement options and asked if the costs are comparable. City Engineer Hubmer advised there are advantages and disadvantages to both options and stated the City is considering a system to remove soluble materials from the ponds so that phosphorus is not in the water going into Silver Lake. He indicated this system has chemical costs every year as well as sewage costs. He stated the other system is a mechanical separator that will remove large particles but this system will not eliminate soluble phosphorus nutrients and will need to be cleaned out once or twice per year. He noted there are maintenance costs with both options but it will improve the water quality in Silver Lake. He added the budget will remain the same whichever option the City chooses . Councilmember Roth asked if there would be any benefit to doing both projects. I 2 3 4 5 6 7 8 9 10 II 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 City Council Regular Meeting Minutes February 26, 2013 Page 3 V. City Engineer Hubmer felt there would be limited benefit to doing both and stated the City is currently within the State standards for phosphorous content but does not currently meet State standards for water clarity. He further explained that the City has an obligation to reduce its discharge to Silver Lake as well as a requirement to reduce the nutrient load allocation for the impairment on Silver Lake. He pointed out that Silver Lake has been looked at as a model for success in its development and implementation of a TMDL plan and the City is ahead of schedule in improving the water quality of Silver Lake with the goal to remove the lake from the impaired list. Mr. Tom Pechman, 2524 36th Avenue NE, appeared before the City Council and stated he recently purchased his home and learned of the proposed street assessments. He requested information about the City's rationale for using the 35% figure in calculating special assessments and asked how the assessments are divided among property owners. He stated it was his understanding that Minnesota law states that property owners cannot be assessed an amount more than the property would be improved through such assessments and was curious to understand how that law relates to his property. He also submitted a handwritten objection to the value of assessments for his property calculated at $14 ,450.03 for the 2013 street and utility improvement project and his handwritten objection was submitted to City Manager Casey. Mayor Pro Tern Stille indicated the City has always used the percentage of35% and the City feels it is only fair to continue using this percentage. Council member Roth noted the City is 15 years into a 30-year street improvement project. City Engineer Hubmer stated the 35% of road construction cost is determined based on bids received from the contractor and is then divided by the total assessable footage in the project. Mayor Pro Tern Stille closed the public hearing at 7:34 p.m. Motion by Councilmember Roth , seconded by Councilmember Jenson, to approve Resolution 13-027; a Resolution Ordering Improvements for the 2013 Street and Utility Improvements. Motion carried 3-0. B. Resolution 13-028; a Resolution Adopting and Confirming Assessments for the 2013 Street & Utility Improvements. Todd Hubmer, WSB & Associates, presenting. Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve Resolution 13-028; a Resolution Adopting and Confirming Assessments for the 2013 Street and Utility Improvements. Motion carried 3-0. REPORTS FROM COMMISSION AND STAFF. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes February 26, 2013 Page 4 VI. None. GENERAL BUSINESS OF COUNCIL. A. Resolution 13-029; a Resolution Awarding a Bid for the 2013 Street & Utility Improvements . Todd Hubmer, WSB & Associates, presenting. City Engineer Hubmer presented the bids for the 2013 street and utility improvement project and indicated the City received 12 bids for this year 's project with the lowest bid of $1 ,311 ,466 .62 from Kuechle Underground, Inc. He noted Kuechle Underground is the same firm that did last year 's street improvement project and the contractor worked well with residents . Motion by Councilmember Roth , seconded by Councilmember Jen son , to approve Resolution 13-029 ; a Resolution Awarding a Bid for the 2013 Street and Utility Improvements. Motion carried 3-0. B. Resolution 13-030; a Resolution Accepting and Approving the Grant Agreement between the City ofSt. Anthony Village and the Metropolitan Council of Environmental Services for the Improvement of Publicly Owned Infrastructure (MCES Agreement #SG2013- 027). Todd Hubmer, WSB & Associates, presenting. City Engineer Hubmer presented the Grant Agreement from the Metropolitan Council of Environmental Services for the 1&1 municipal grant program. He stated the legislature has allocated money to the Met Council for this program and the City is eligible to receive $111 ,169 for its sanitary sewer improvements related to the 2013 street project. He noted that the City will have to pay all the costs up front and then get reimbursed from MCES and added the City has been receiving funding assistance from this program for the last three years . Motion by Councilmember Roth , seconded by Council member Jenson , to approve Resolution 13-030 ; a Resolution Accepting and Approving the Grant Agreement Between the City of St. Anthony Village and the Metropolitan Council of Environmental Services for the Improvement of Publically Owned Infrastructure (MCES Agreement #SG20 13-027). Motion carried 3-0. C . Resolution 13-031; a Resolution Providing for the Sale of $1 ,81 0,000 General Obligation Bonds, Series 2013 B. Stacie K vilvang, Ehlers & Associates, presenting. Ms. Kvilvang presented the pre-sale report for $1 ,810,000 General Obligation Improvement Bond s, Series 2013B, and advised the City is assessing 20% of the cost of the 2013 street reconstruction project to benefiting property owners , or $379 ,200. She noted it is anticipated that approximately 20% of residents will prepay the assessment and the bond amount has been reduced accordingly by $75 ,000. She stated the bonds will be issued for a fifteen year term and the City will request a new rating for the bonds, adding the City 'S current S&P rating is AA . She stated the bond sale will take place on March 26, 2013 , however, due to the pending issues at the I 2 3 4 5 6 7 8 9 10 II 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 City Council Regular Meeting Minutes February 26, 2013 Page 5 Federal government level , there will likely be some volatility in the market and the sale may be pulled ; if that happens, this bond sale will come back to the City Council. Mayor Pro Tern Stille indicated the $1.8 million is predicated on current rates plus 25 basis points and asked if the bonds will be reduced if the current rate stays stagnant. Ms. Kvilvang replied if interest rates come in lower the amount of the bonds will be reduced and added the City Council is not authorizing more than $1.8 million so if rates increase, the sale would not be authorized and the matter would come back to the City Council for action. Motion by Councilmember Jenson , seconded by Councilmember Roth , to approve Resolution 13-031; a Resolution Providing for the Sale of $1 ,81 0 ,000 General Obligation Improvement Bonds, Series 20138. Motion carried 3-0. D. Approving a Wine & Beer Combination license for Wine and Canvas located at 2900 Pentagon Drive. Mark Casey. City Manager, presenting. Mayor Pro Tern Stille introduced Mr. Erik Swanson, owner of Wine and Canvas. Mr. Swanson appeared before the City Council and explained that Wine and Canvas currently offers paint instruction and art entertainment throughout the metro area and will be offering 40- 50 events throughout the metro area during March . He stated they plan to open a studio location in the St. Anthony Village Shopping Center next to Subway with the goal to offer art classes and to serve light food and wine and beer to their customers. He pointed out that the food sales and winelbeer sales are not available to anyone walking into the studio and are available only to registered guests during prescheduled events generally from 6:00-9:00 p.m. He added they hope to open the studio in May once the build out of the space is completed and the space will include two painting areas with one space reserved for public events for 50-60 people and a smaller space with seating for 15-20 people during private events. He stated they do a large number of corporate events during the day as well as offering a children's art class on Saturday afternoons. Mayor Pro Tern Stille requested information regarding training of staff serving alcohol. Mr. Swanson stated he has a business partnership with the Culinary Institute and one of the chefs with experience training bartenders has offered her services to make sure they have a fully trained staff. City Manager Casey stated that no less than 50% of the business revenue must come from food and non-alcoholic beverage sales and City staff will monitor these sales to make sure the business is meeting the City's threshold. He added that Mr. Swanson passed the background check that is part of the license application . Mayor Pro Tern Stille stated the City Attorney was asked to provide a legal opinion regarding whether this business is a restaurant and the City Attorney has provided an opinion advising that 1 2 3 4 5 6 7 8 9 10 1 1 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 City Council Regular Meeting Minutes February 26, 2013 Page 6 two requirements must be satisfied for receiving a wine license. He stated the business must be located in a Commercial Zoning District and the proposed location is within a Commercial Zoning District; in addition, the City Attorney identified six criteria for restaurants that must be satisfied and the City Attorney opined this business meets all of the criteria. Councilmember Jenson asked if staff had reviewed the parking requirements to determine if sufficient capacity is available. City Manager Casey replied that the City Planner reviewed the square footage and determined there is adequate parking in the space provided. Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve a wine and beer combination license for Wine and Canvas located at 2900 Pentagon Drive. Motion carried 3-0. Mayor Pro Tern Stille welcomed Mr. Swanson to St. Anthony and wished him well. E. Fire Department Annual Report. John Malenick. Fire Chief. presenting. Fire Chief Malenick presented the 2012 Fire Department annual report and stated the City had two major house fires in 2012. He stated the Fire Department responded to 1,267 emergency calls in 2012 compared with 1,221 emergency calls in 20 II and presented a breakdown of the types of medical calls responded to during 2012. He reported the Fire Department had 40 working fire calls in 2012, which is average, and the total dollar loss from fires in 2012 was approximately $400,000 or an average loss per fire of $9,822, which is considerably higher than the norm. He discussed the F ire Department's training regimen and stated there are 28 firefighters on the City's roster who received over 100 hours of training. He indicated the Fire Department also trains Police Department staff and provides CPR training for the high school students. He advised that a ll building inspections are coordinated by the Fire Marshal with 74 inspections conducted during 2012. He stated the Fire Department also provides local code enforcement with two part-time officers conducting enforcement of rental properties and commercial properties. He stated the Fire Department also provides emergency management services for the City and in 2012 the Department focused on continuing education and attended State conferences on emergency management that are mandated by FEMA and Homeland Security. He thanked the men and women of the Fire Department for their dedication and thanked the City Council for its support of the Fire Department. Councilmember Jenson requested further information regarding code enforcement and asked if the Fire Department uses a standard checklist to perform inspections to ensure consistency. Fire Chief Malenick explained that inspections of rental property are standardized and inspections are conducted on an annual basis using a checkli st. He stated that other inspections are typically conducted as the result of someone calling the City to report a problem and added the Fire Department also works proactively to look for issues. I 2 3 4 5 6 7 8 9 10 II 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 City Council Regular Meeting Minutes February 26 , 2013 Page 7 Mayor Pro Tern Stille thanked Fire Chief Malenick for his report and stated the City received positive comments from residents after the fire events stating they were appreciative of the Fire Department's efforts. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Casey reported that he recently met with newly elected Hennepin County Commissioner Higgins and Ramsey County Commissioner McGuire. Councilmember Jenson stated the St. Anthony Civic Orchestra will be holding its spring concert on Sunday, March 10, at 3:00 p.m. at the Community Center. Councilmember Roth -No report. VIII. COMMUNITY FORUM. Mayor Pro Tern Stille invited residents to come forward at this time and address the Council on items that are not on the regular agenda. Ms. Maralee Higgins, 2915 36th A venue NE, appeared before the City Council and stated when the Silver Lake Road street project was done two years ago , Xcel Energy put its electrical lines into their property and for the past two years she has been working with Xcel Energy to either remove them from her property or pay them for what it is worth. She stated Xcel Energy is now requesting that they give them a five-foot easement into their property on top of the 8-10" that Xcel Energy currently has on their property. She expressed concern about this additional five- foot easement and indicated she does not have any property left between Silver Lake Road and her house and requested help from the City Councilor the City in dealing with Xcel Energy. Mayor Pro Tern Stille requested that City Manager Casey follow-up on Ms. Higgins's request and get back to her and the City Council. IX. INFORMATION AND ANNOUNCEMENTS. None. X. ADJOURNMENT. Mayor Pro Tern Stille adjourned the meeting at 8:22 p.m. Respectfully submitted, Barbara Hughes TimeSaver OjJSile Secrelarial, Inc . ATTEST: fOLL(~fIiM City Clerk \.