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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.
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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.
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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.
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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
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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
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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.
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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 \.