HomeMy WebLinkAboutCC PACKET 05102011H.R.A.Meeting immediately
following City Council mecting
CITY OF ST. ANTHONY VILLAGE
CITY COUNCIL MEETING AGENDA
May 10, 2011
7:00 p.m.
Call to Order.
Pledge of Allegiance.
Roll Call.
Consideration Discussion and Possible Action on All of the foRgaine items:
Approval of the May 10, 2011, City Council Meeting Agenda. (action requested.)
II. Proclamations and Recognitions.
A. Recognition of Junior Achievement Completion for Mrs. Wyatt's 2nd Grade Class.
III. Consent Agenda.
These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a
Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elservhere on the agenda.
A. Approval of April 26, 2011, Council Meeting Minutes. (pp. 1 --• 6)
B. Licenses and Permits. (p. 7)
C. Claims. (pp. 8 — 9)
D. Resolution 11-032; Approving the Memorandum of Understanding in the St. Anthony -New Brighton School
District #282 for the 2011 Election season. (pp. 10 —12)
IV. Public Hearing.
V. Reports from Commission and Staff.
VI. General Business of Council.
A. Ordinance 2011-02; Ordinance Terminating Moratorium on the Issuance of Licenses for Pipe and Tobacco
Shops. (second reading) (pp. 13 -14)
Todd Hubmer, WSB & Associates, presenting
B. Storm Water Pollution Prevention Plan (SWPPP) Public Information Meeting. (no action needed) (pp. 15 — 21)
C. Resolution 11-033;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. (pp. 22 — 23)
D. Resolution 11-034; Requesting a Variance from Minnesota State -Aid Rule 8820.2800 Subpart 2A for the 2009
Street and Utility Improvement Project. (pp. 24 — 25)
E. City Engineer's Update. (pp. 26 — 30)
VII. Reports from City Manager and Council members.
VIII. Community Forum.
Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium,
sign their name and address on the fonrr at the podium, state their name and address far the Clerk's record, and limit their remarks to five
minutes. Generally, the City Council will not take official action on items discussed at this time, but may opicalyrefer the matter to stafffor
a future report or direct the matter to be scheduled on an upcoming agenda.
IX. Information and Announcements.
X. Adjournment.
Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure.
FACouncil Meetings12011\051020111agenda.doc
Mrs. Wyatt's 211a Grade Junior Achievement Class
Zoe Aboumourad
Merika Baker
Wyatt Buboltz
James Bui
Kaydee Christopherson
Erik DeMeyere
Cole DeWalt
Andy Espinoza
Maeve Hanson
Finnian Hill
Calvin Huseonica
Yasmine Hussein
Elissa Hutchison
Grace Jones
Ava Kalenze
Andrew Karlstad
Mollie Lindman
Lola Miller
William O'Brien
Lucas Omodt
Sophia Perrin
Shelby Phillips
Alexa Puchtell
Elizabeth Rohling
Kathryn Skinner
Sarah Smith
Leo Springman
Monique Walker
1
1 CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 APRIL 26, 2011
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, and Stille.
16 Absent: Councilmember Roth.
17 Also Present: City Manager Mike Mornson, Finance Director Roger Larson, and City Attorney
18 Jerome Gilligan.
19
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 1. APPROVAL OF APRIL 26, 2011 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the City
27 Council Meeting Agenda of April 26, 2011.
28
29 Motion carried 4-0.
30
31 II. PROCLAMATIONS AND RECOGNITIONS.
32
33 None.
34
35 IH. CONSENT AGENDA.
36
37 A. Consider April 12, 2011 Council meeting minutes;
38 B. Consider licenses and permits;
39 C. Consider moment of claims;
40 D. Consider Resolution 11-029; Accepting a Donation to the St. Anthony Police
41 Department's Crime Prevention Program from Residential Mortgya =e Group on behalf of
42 Richard Larsen and Lucy Blake -Larsen; and
43 E. Consider Resolution 11-030• Accepting a Grant from the Federal Emery
44 Manapement Agency in the amount of $17,795 for Replacement of the Warning Siren.
45
46 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
47 Agenda items.
48
49 Motion carried 4-0.
City Council Regular Meeting Minutes
April 26, 2011
Page 2
2 IV. PUBLIC HEARING.
3
4 A. 2012 Budget Mike Mornson City Manager, and Roger Larson Finance Director,
5 presenting.
6
7 Mayor Faust opened the public hearing at 7:05 p.m.
9 City Manager Mornson stated that the public hearing is intended to obtain preliminary input as
10 the City enters the 2012 budgeting process. He presented an overview of the 2011 general
11 operating budget, the General Fund levy for 2011, and General Fund revenues and expenditures
12 for 2011. He stated that 54% of the City's revenues come from the tax levy and noted that
13 General Fund expenditures have remained consistent over the past ten years.
14
15 Mayor Faust pointed out that the City does not receive Local Government Aid (LGA). lie stated
16 that while the General Fund levy has remained at 0% for the past several years, the City will
17 need to review the way it provides services to the community and whether it can sustain a 0%
18 increase in the tax levy for 2012.
19
20 No speakers were present. Mayor Faust closed the public hearing at 7:11 p.m.
21
22 V. REPORTS FROM COMMISSION AND STAFF.
23
24 None.
25
26 VI. GENERAL BUSINESS OF COUNCIL.
27
28 A. Ordinance 2011 -01 • Amending the Tobacco Ordinance Mike Mornson, City Manager,
29 presenting.
30
31 City Manager Mornson stated that this represents the Third and Final Reading of the proposed
32 amendments to the tobacco ordinance and presented the staff report, legal opinion from counsel,
33 list of current tobacco license holders, and proposed revisions to the ordinance.
34
35 Mr. Eric Brever, attorney for Flamezz Hookah, appeared before the City Council and reiterated
36 his client's objection to the proposed amendments. He stated the concept that somehow the
37 City's moratorium on June 22, 2010, provided his clients with notice that they should not have
38 spent funds on the renovation is misleading. He stated that in order to qualify for a completed
39 license application, his clients had to spend the money up front and put $180,000 into the
40 renovation last year, well before the moratorium was put in place; as a result, it is misleading to
41 state that his clients should not have spent that money. IIe also addressed the double standard
42 argument and stated he and his clients are struggling as to what it means to have that double
43 standard. IIe indicated that the minutes from the last Council meeting include a discussion
44 regarding current licensees. He referenced § 144.4167, subd. 4, which requires in order for
45 sampling to occur in a tobacco shop, the tobacco shop must have 90% of its gross revenue from
46 tobacco sales, which would disqualify all other licensees in the City other than Flamezz and
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City Council Regular Meeting Minutes
April 26, 2011
Page 3
Moonlight. He stated that this might put Wal-Mart or Cub at a disadvantage but it does not have
an effect on them because they are not eligible per the terms of this Statute. He stated that it
seems odd to protect those businesses against the competitive business practices of a local
business. He stated that there is no double standard and the ordinance is a problem. He disputed
the City Council's authority to pass the ordinance and the City Council is relying on § 144.417 to
enact a local ordinance to enforce the tobacco ordinance; however, it neglects the plain language
of § 144.4167 which does not prohibit the lighting of tobacco products by a customer or potential
customer. Ile reiterated that the City Council does not have authority to enact the ordinance as it
is. He stated that he has received calls from residents and the vast majority of them indicated
that the City Council is overreaching, and he and his clients agree. He requested that the City
Council reconsider its approach and look at it in a manner of applying the ordinance only to new
licensees. He stated that the City required his client to spend a lot of money, per City Code, to
put forth a ventilation system that is top notch and the City now seeks to change the ordinance to
try to trump State Statute. He stated that he and his client have suggested a fair compromise and
his clients will drop their objection if the ordinance is limited to new licensees only. He
concluded his remarks by advising the City that his clients have no other option than to fight this
should the City Council continue on its current course of action.
Mr. Saeed Kiblawi, owner of Flamezz Hookah, appeared before the City Council and reiterated
Mr. Brever's statement that other licensees in the City cannot meet the 90% of gross revenue
requirement. He stated that he felt the double standard applied to him because the City required
him to remodel his space but now says he cannot operate his current business.
Mr. Bilal Haidari, 3937 Silver Lake Road, appeared before the City Council and stated that he
encouraged Mr. Kiblawi to start his business in St. Anthony. He indicated that from day one,
Mr. Kiblawi has been up -front with the City about his tobacco store and the sampling, and the
City told him what would be required to open his business. He stated that the City wants to
change things after Mr. Kiblawi has spent that much money to build his future and make a decent
living, and he did not feel it was fair to take this from him. He stated that if the City felt that the
sampling was not acceptable, that should have been made clear from day one and the City should
have been up -front with him. IIe asked that the City Council be fair.
Councilmember Stille stated that the City Council has been struggling with this debate and the
City's moratorium over the past year. I -Ie indicated that the Statute says that people/businesses
can have tobacco shops and can light products for the specific purpose of sampling tobacco
products. He questioned how you compare sampling for other establishments to the sampling
taking place here. I -Ie advised that the City is not shutting down the business or forcing it to
close, and tobacco products can continue to be sold, but the practice of sampling prior to
purchase will not be allowed. He added that the City is removing the sampling because of
ambiguity in the statute.
Councilmember Gray agreed and stated if sampling were used in the context of a bar and it was
okay to sample beer in the event a customer wanted to purchase the beer, would that mean that
people would be allowed to hang around and drink beer there? He questioned whether that was
sampling. He stated it appears that people hang out at Flamezz Hookah and smoke, so then the
sampling is broadened to include hanging out there and smoking and not to see if the people
3
City Council Regular Meeting Minutes
April 26, 2011
Page 4
1 want to buy that tobacco product. He stated that the legislative intent is unclear to him as it
2 relates to sampling, but in this case, he felt that sampling meant people come in to buy the
3 tobacco and smoke it and hang out, and that does not represent sampling in his mind.
4
5 Councilmember Jenson reiterated his belief that with I 1 businesses in the City that can sell
6 tobacco products, the City has created a discrepancy with those that can purchase, sell, and
7 consume on site, and the City has a responsibility to address that discrepancy so as not to create a
8 double standard in the City.
10 Councilmember Stille stated that the City does not proceed lightly in situations like this and has
11 relied on the opinion of legal counsel.
12
13 Mayor Faust questioned the $180,000 investment by Flamezz and why it would spend a
14 significant amount of money on the ventilation system given the fact that on the same night that
15 the City entered into a moratorium, it had to legally grant this tobacco license under the City
16 Council's Consent Agenda. He stated that he requested information from City staff regarding
17 the value of the permit for this property and the records indicate a value of $30,850, which is
18 significantly less than the $180,000 claimed by Flamezz. He indicated that the City Council's
19 intent is to find what is best for the City overall and to rely on legal counsel. He noted that if the
20 ordinance is adopted this evening, the ordinance will go into effect May 4"'.
21
22 City Attorney Gilligan advised that the statute provides that nothing in Minnesota Statutes
23 Sections 144.414 to 144.417 prohibits the City from enacting and enforcing more stringent
24 measures to protect individuals from secondhand smoke.
25
26 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Final
27 Reading of Ordinance 2011-01; Amending the Tobacco Ordinance.
28
29 Motion carried 4-0.
30
31 B. Ordinance 2011-02; "ferminating the Moratorium on the issuance of licenses for pipe and
32 tobacco shops. Mike Mornson, City Manager, presenting (first reading.
33
34 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve the First
35 Reading of Ordinance 2011-02; Terminating the Moratorium on the issuance of licenses for pipe
36 and tobacco shops.
37
38 Motion carried 4-0.
39
40 C. Resolution 11-031; Supporting Transportation Fundinw,
41
42 Mayor Faust recited the Resolution Supporting Transportation Funding, supported by the
43 Regional Council of Mayors, a non-partisan body which supports Minnesota's continued public
44 transit funding including planned light rail and commuter rails. He stated that the resolution
45 encourages higher priority for public transit utilizing the monies dedicated for transit in the 11
46 county metro area.
125
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City Council Regular Meeting Minutes
April 26, 2011
Page 5
Motion by Mayor Faust, seconded by Councilmember Gray, to approve Resolution 11-031;
Supporting Transportation Funding.
Motion carried 4-0.
VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Mornson reported on the following:
• City Council meeting May 10, 2011, will include recognition of Mrs. Wyatt's 2nd grade
Junior Achievement class as well as a public hearing on the City's storm water pollution
plan.
• City-wide clean-up day is Saturday, May 7, from 9:00 a.m. to 12:00 noon.
• The "Village Notes" publication contained incorrect dates for clean-up day pick-up. The
correct dates are May 4, 5, and 6, and residents can contact the Public Works department
at 612-782-3314 to request a pick-up.
• The Emerald Park building has been nominated for a merit award from the Minnesota
Architect's Association.
• Finance Department employee Brenda Frechette has taken a position with the City of
Wyoming. Staff is working to replace her position, which handles payroll and liquor
receivables.
Councilmember Jenson reported on his attendance at the April 14 League Metro Cities annual
meeting and the April 21 St. Anthony Chamber of Commerce annual meeting.
Councilmember Stille reported on his attendance at the April 14 League Metro Cities annual
meeting.
Councilmember Gray: No report.
Mayor Faust reported on the following:
• April 14, 2011 League Metro Cities annual meeting.
• April 21, 2011 St. Anthony Chamber of Commerce annual meeting.
• Mr. Bill Sauer has been named "Villager of the Year" and Foster & Brever has been
named "Outstanding I3usiness of the Year."
April 16, 2011 winetasting event at the municipal liquor store. A discussion was held
with a State Representative regarding the potential legislation regulating Sunday liquor
sales and grocery store sales.
VIII. COMMUNITY FORUM.
Mayor Faust invited residents to cane forward at this time and address the Council on items that
are not on the regular agenda.
Hearing none, Mayor Faust moved forward with the agenda.
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City Council Regular Meeting Minutes
April 26, 2011
Page 6
IX. INFORMATION AND ANNOUNCEMENTS.
Councilmember Gray stated that a complaint was received after the last City Council meeting
about the sound quality. He encouraged residents to contact the City if they experience any
continued sound problems.
Mayor Faust announced that the St. Anthony Village High School Knowledge Bowl team won
the State Championship again this year. He congratulated the Knowledge Bowl team for their
hard work, including Christa Ludwig, Dan Loyas, Ben Slye, Jacob Jones, and Anna Kuure-
Kinsey, as well as their advisor, Michael Pristash.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 7:50 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Sile Secretarial, Inc.
ATTEST:
City Clerk
Mayor
0
Saint Anthony Village
DATE: May 10, 2011 Approved:
TO: Mayor and Councilmembers
FROM: License Clerk
ITEM: License and Permits for Approval:
Energy Center, Plymouth, MN
f Mechanical, St Paul, MN
7
US BANK ST. ANTHONY VILLAGE g
CHECK REGISTER
VENDOR
PAYEE
CHECK #
DATE
AMOUNT
8437
DIRECTV INC
14833
4/28/2011
$448.69
8242
AFFILIATED COMPUTER SERVICES
14834
5/11/2011
$1,785.09
9575
ANDERL/BILL
14835
5/11/2011
$550.00
9168
AVENET, LLC
14836
5/11/2011
$700.00
4293
BELLBOY CORP.
14837
5/11/2011
$12,190.53
9778
BERNICK'S
14838
5/11/2011
$596.15
9648
BOUND TREE MEDICAL LLC
14839
5/11/2011
$417.21
7168
BOYER TRUCKS, INC.
14840
5/11/2011
$78.13
4231
CAPITOL BEVERAGE SALES
14841
5/11/2011
$16,269.75
8652
CARTRIDGE CARE
14842
5/11/2011
$282.50
9100
CAT & FIDDLE BEVERAGE
14843
5/11/2011
$2,880.00
8291
CDW COMPUTER CENTER, INC
14844
5/11/2011
$26.88
4080
CHISAGO LAKES DISTRIBUTING
14845
5/11/2011
$4,120.40
8275
CITY OF ST. PAUL
14846
5/11/2011
$940.59
4095
COCA COLA BOTTLING COMPANY
14847
5/11/2011
$760.60
4107
COMPTON'S COMMERCIAL CLN
14848
5/11/2011
$3,823.99
741
CONNELLY ELECTRONICS
14849
5/11/2011
$3,444.01
9524
CREATIVE PRODUCT
14850
5/11/2011
$1,581.52
9820
CRYSTAL SPRINGS ICE
14851
5/11/2011
$402.85
8557
DAILEY DATA & ASSOCIATES
14852
5/11/2011
$156.25
9883
DAKOTA COUNTY FIRE CHIEF
14853
5/11/2011
$75.00
9525
DAN'S FENCE LLC
14854
5/11/2011
$2,660.00
807
DIAMOND VOGEL PAINTS
14855
5/11/2011
$989.13
8437
DIRECTV INC
14856
5/11/2011
$448.75
820
DORSEY & WHITNEY
14857
5/11/2011
$1,033.09
8697
EXTREME BEVERAGE
14858
5/11/2011
$209.00
9395
FACTORY MOTOR PARTS CO
14859
5/11/2011
$162.91
8251
FAUST/JERRY
14860
5/11/2011
$90.78
9798
FERGUSON WATERWORKS
14861
5/11/2011
$943.49
8153
FILTERFRESH
14862
5/11/2011
$116.10
9667
FLAT EARTH BREWING CO
14863
5/11/2011
$107.97
1030
G & K SERVICES INC
14864
5/11/2011
$819.34
4172
GRAPE BEGINNINGS, INC.
14865
5/11/2011
$539.25
9169
HARBOR FREIGHT TOOLS
14866
5/11/2011
$12.84
9881
HEALTH PSYCHOLOGY SOLUTIONS
14867
5/11/2011
$1,449.49
8221
HEDBACK, ARENDT, KOHL
14868
5/11/2011
$5,000.00
8944
HENN CNTY INFO TECH DEPT
14869
5/11/2011
$5,134.11
8987
HENNEPIN COUNTY TREASURER
14870
5/11/2011
$157.97
4207
HOHENSTEIN'S, INC
14871
5/11/2011
$3,641.35
8252
HOME DEPOT CREDIT SERVICES
14872
5/11/2011
$216.19
9865
HOSTWAY GLOBAL WEB SOLUTIONS
14873
5/11/2011
$65.85
4125
JJ TAYLOR DISTRIBUTING
14874
5/11/2011
$34,680.63
4220
JOHNSON BROTHERS LIQUOR
14875
5/11/2011
$17,680.76
9879
LANDSCAPEFORMS, INC.
14876
5/11/2011
$1,544.34
9391
LIFESTYLE CABINETS LLP
14877
5/11/2011
$566.44
9729
LIFT BRIDGE BEER CO.
14878
5/11/2011
$130.00
2040
LILLIE SUBURBAN NEWSPAPER
14879
5/11/2011
$700.00
9271
LITTLE FALLS MACHINE INC
14880
5/11/2011
$734.78
9114
M. AMUNDSON LLP
14881
5/11/2011
$2,413.73
2100
MACQUEEN EQUIPMENT CO
14882
5/11/2011
$202.16
2130
MAMA
14883
5/11/2011
$20.00
2240
METROPOLITAN COUNCIL
14884
5/11/2011
$43,541.89
8467
MIDWAY FORD
14885
5/11/2011
$252.60
US BANK ST. ANTHONY VILLAGE 9
CHECK REGISTER
VENDOR
PAYEE
CHECK#
DATE
AMOUNT
2280
MIDWEST ASPHALT CORP
14886
5/11/2011
$85.23
7356
MOORE-SYKES/KIM
14887
5/11/2011
$125.75
9523
NORTHSTAR INSPECTION SERVICES
14888
5/11/2011
$8,188.32
8767
NSRMAA
14889
5/11/2011
$150.00
45
OFFICE DEPOT
14890
5/11/2011
$227.22
8528
PACE ANALYTICAL SERVICES
14891
5/11/2011
$336.00
9615
PAETEC
14892
5/11/2011
$185.79
4354
PAUSTIS & SONS
14893
5/11/2011
$2,843.88
9563
PETTY CASH - U.S. BANK
14894
5/11/2011
$145.58
4360
PHILLIPS WINE & SPIRITS
14895
5/11/2011
$7,446.32
4361
PINNACLE DIST.
14896
5/11/2011
$154.00
8851
POWERPLAN
14897
5/11/2011
$7.88
7057
PRAXAIR
14898
5/11/2011
$17.62
9139
PROPERTY KEY, INC.
14899
5/11/2011
$50.00
4385
QUALITY WINE CO
14900
5/11/2011
$14,006.75
9036
RAMSEY COUNTY FIRE CHIEF
14901
5/11/2011
$60.00
9757
READY WATT ELECTRIC
14902
5/11/2011
$87.00
9804
RECREATION, SPORTS & PLAY INC
14903
5/11/2011
$519.35
8543
SCHARBER & SONS, INC.
14904
5/11/2011
$37.65
9596
SEARS COMMERCIAL ONE
14905
5/11/2011
$9.64
9680
SENSUS METERING SYSTEMS
14906
5/11/2011
$779.96
9610
SIG SAUER INC.
14907
5/11/2011
$790.00
8199
SIGNATURE CONCEPTS, INC.
14908
5/11/2011
$1,492.64
9781
SMIGLESKI/MATT
14909
5/11/2011
$30.08
9843
SOUTHERN WINE & SPIRITS
14910
5/11/2011
$2,221.77
8344
SPIESS/JEFF
14911
5/11/2011
$369.29
9259
SPRINT
14912
5/11/2011
$260.00
4782
ST ANTHONY VILLAGE CENTER LLC
14913
5/11/2011
$1,644.33
9083
ST. ANTHONY RETAIL DEVELOPMENT
14914
5/11/2011
$5,138.78
1810
ST. ANTHONY VILLAGE KIWANIS
14915
5/11/2011
$105.00
3490
STREICHER'S
14916
5/11/2011
$1,255.93
4780
SURLY BREWING CO
14917
5/11/2011
$1,243.00
9774
TERMINAL SUPPLY CO.
14918
5/11/2011
$21.28
5273
TESSMAN SEED INC.
14919
5/11/2011
$2,450.22
7337
TIMESAVER OFF SITE SECRETARIAL
14920
5/11/2011
$263.10
3560
TRACY PRINTING
14921
5/11/2011
$2,024.14
8336
UNITED ELECTRIC COMPANY
14922
5/11/2011
$324.73
8561
UNITED RENTALS NORTHWEST
14923
5/11/2011
$47.31
9880
UNIVERSITY OF MINNESOTA
14924
5/11/2011
$80.00
8227
VERIZON WIRELESS
14925
5/11/2011
$1,001.95
3700
VIKING INDUSTRIAL CENTER
14926
5/11/2011
$37.58
4451
VINOCOPIA
14927
5/11/2011
$937.17
9702
W.D. LARSON COMPANIES LT
14928
5/11/2011
$66.94
4494
WASTE MANAGEMENT OF WI -MN
14929
5/11/2011
$654.17
9497
WATER CONSERVATION SERVICE INC
14930
5/11/2011
$215.00
8316
WINE COMPANY/THE
14931
5/11/2011
$1,018.50
8310
WINE MERCHANTS INC
14932
5/11/2011
$1,474.56
4175
WIRTZ BEVERAGE - (GRIGGS)
14933
5/11/2011
$6,661.02
9734
WIRTZ BEVERAGE MINNESOTA
14934
5/11/2011
$26,817.14
2680
XCEL ENERGY
14935
5/11/2011
$9,454.26
7325
YOCUM OIL COMPANY, INC.
14936
5/11/2011
$3,616.00
TOTAL
$284,974.91
( MV RQV_ FSTFQR OOI LNO(L OON.slPEP,4TlON
Report Date: May 10, 2011 Agenda Section: III. D.
Meeting Date: May 10, 2011
ITEM DESCRIPTION: Resolution 11-032; Approving the Memorandum of
Understanding with the St. Anthony - New Brighton
School District #282 for the 2011 School Board Elections.
REVIEW: For the last several years, the City has conducted all local
elections (i.e. City Council and School Board). These
elections are held in the odd numbered years. The attached
Memorandum of Understanding between the City of St.
Anthony and St. Anthony -New Brighton School District
#282 defines the arrangement and must be agreed upon by
both parties.
This year, the School District intends to have the City
conduct their elections just as we have done in the past.
There will be three open seats for the School Board. In the
Memorandum of Understanding it states the School
District will reimburse the City of 50% of the total non -
fixed costs.
The Memorandum of Understanding has been approved
by the School District and is awaiting approval of the City
Council.
arb Suciu
City Clerk
Attachments:
• Memorandmn of Understanding
• Resolution 11-032; Approval of the Memorandum of Understanding with the St.
Anthony -New Brighton School District #282 for the 2011 Elections
F:ACouncil McGings\2011A05102011ARes memo of understanding.doc
10
11
CITY OF ST. ANTHONY VILLAGE AND ST. ANTHONY -
NEW BRIGHTON SCHOOL DISTRICT NO. 282
MEMORANDUM OF UNDERSTANDING
WHEREAS, the City of St. Anthony Village (the City) and the St. Anthony -New Brighton
Independent School District No. 282 (ISD #282), desire to perform their elections
in odd numbered years; and
WHEREAS, the "City" and ISD #282 will combine elections of the City Council and School
Board and to hold said combined elections on the First Tuesday after the first
Monday in November. (November 8, 2011)
NOW, THEREFORE, BE IT RESOLVED that in 2011:
1) the City Clerk will conduct all local General Elections;
2) voting equipment, responsible by the City, will be used:
3) the School District will reimburse the City 50% of the total non -fixed costs associated with
the election. Future local elections will be negotiated when appropriate:
4) the City will pay the full costs of any local General Election for which the ISD#282 has no
item on the ballot:
CITY OF ST. ANTHONY VILLAGE ST. ANTHONY/NEW BRIGHTON
INDEPENDENT SCHOOL DISTRICT
#282
Its Its
Its Its
12
CITY OF SAINT ANTHONY VILLAGE
RESOLUTION. 11-032
APPROVING THE MEMORANDUM OF UNDERSTANDING
WITH THE ST. ANTHONY -NEW BRIGHTON SCHOOL DISTRICT #282
FOR THE 2011 ELECTIONS
WHEREAS, the City of St. Anthony (the "City") and the St. Anthony -New Brighton
Independent School District No. 282 (ISD #282), desire to perform their
elections in odd numbered years; and
WHEREAS, the "City" and ISD #282 will combine elections of the City Council and
School Board and hold said combined elections on the First Tuesday after
the first Monday in November.
NOW, THEREFORE, BE IT RESOLVED that:
1) the City Clerk will conduct all local General Elections; and
2) voting equipment, responsible by the City will be used; and
3) the School District will reimburse the City 50% of the total non -fixed costs
associated with the election; and
4) the City will pay the full cost of any local General Election for which the ISD
#282 doesn't have an items on the ballot; and
5) ISD #282 will hold the City harmless in the conduct of elections.
Approved and adopted this 10th day of May, 2011.
ATTEST:
City Clerk
Mayor
Reviewed for Administration:
City Manager
13
Report Date:
Meeting Date:
RF6-1 FSTF072 00kNCIL CONS/Z)FZ 7-/0N
May 10, 2011 Agenda Section: VI. A.
May 10, 2011
ITEM DESCRIPTION: Ordinance 2011- 02; Terminating the Moratorium on the
Issuance of New Licenses for Pipe and Tobacco Shops.
(second reading)
MANAGER'S REVIEW:
At the April 26, 2011 City Council meeting, Ordinance
2011-02; Terminating Moratorium on the Issuance of
Licenses for Pipe and Tobacco Shops was presented for a
first reading. The first reading of this ordinance was
approved with no amendments to the original language.
Tonight is the second reading of Ordinance 2011-02;
Terminating Moratorium on the Issuance of Licenses for
Pipe and Tobacco Shops.
Michael Mornson
City Manager
Attachments:
• Ordinance 2011-02; Terminating Moratorium on the Issuance of Licenses for Pipe aud'robacco Shops.
17 Comncil MeetingsA2011A04262011Astaff ord 201102 terminaling montoriunr.doc
CITY OF ST. ANTHONY VILLAGE
ORDINANCE 2011-02
AN ORDINANCE TERMINATING MORATORIUM ON
THE ISSUANCE OF LICENSES FOR PIPE AND TOBACCO SHOPS
The City Council of the City of St. Anthony hereby ordains:
Section 1. Moratorium Terminated. For the purpose of protecting the planning process
while the City conducted a study for the purpose of considering amendments with respect to the
regulation of pipe and tobacco shops, the City Council adopted Ordinance No. 2010-002 which
imposed a moratorium on the issuance by the City of licenses under Section 111.047 of the City
Code for new pipe and tobacco shops that are a tobacco products shop under Minnesota Statutes,
Section 144.4167, subd. 4, pursuant to the authority contained in Minnesota Statutes, Section
462.355, subd. 4. The study has now been completed and the moratorium imposed by Ordinance
No. 2010-002 is hereby terminated by the City Council.
Section 3. Effective Date. This ordinance shall be effective as the date of its publication
First Reading: April 26, 2011
Second Reading:
Adopted:
Mayor
ATTEST:
City Clerk
Publish: St. Anthony Bulletin
14
OR
Clean Water Act
-Water Quality legislation since 1948
-Major Clean Water Act of 1972
-Point source discharges
-industrial
-Municipal
-Feedlots
-Strengthened again in 1977
-Began targeting Non -point pollution in 1987
Required Permits - National Pollution Discharge
Elimination System "NPDES"
Clean Water Act
-Early 1990's Phase 1 NPDES
-Large Urban Areas
•2003 Phase 2 MS4
-Small and Medium cities
-institutions
-Universities
• Required stormwater runoff to be permitted
17
The permit addresses 6 minimum measures
specified by the Federal Government and
expanded and defined by the state.
They are:
PUBLIC EDUCATION
i a;
• PUBLIC INVOLVEMENT
• ILLICIT DISCHARGES
• CONSTRUCTION SITE CONTROLS
• POST CONSTRUCTION CONTROLS
• GOOD HOUSEKEEPING MEASURES
lu
Public Education and Outreach
• Distribute educational materials to
community about impact of stormwater
discharges and steps to reduce pollution.
• Develop an education program for six
minimum control measures.
Public participation and Involvement
• Get public input and opinion on SWPPP
—Allow a reasonable opportunity to speak
—Set up procedures to consider spoken
and written input
• Encourage public to take an interest in
maintaining water quality
• Consider comments
Illicit discharge detection & elimination
• Develop a storm sewer
map including ponds,
lakes, streams in
system, structural
devices, pipes and
conveyances
• Prohibit non stormwater
discharges
• Develop a program to detect illegal discharges
• Inform all groups about the hazards of illegal discharges
Construction site stormwater runoff control
• Develop a program to runoff
from construction
— Erosion and sediment control
ordinance
— BMP's for construction site
operators
— Construction site waste control
(truck wash out, chemicals,
litter, etc)
— Site plan review procedures
looking at water quality
impacts.
19
Post construction stormwater
management in new development and
redevelopment
• Ensure long term
operation and
maintenance of
BMPs (can't dig
`em and leave `em)
• Strategies
including structural
and non-structural
BMPS
Pollution prevention and good
housekeeping
Implement a program of BMPS
within the operation including
appropriate training:
— Operate and maintain system
— Annually inspect all structural
pollution controls
— Inspect 20% of outfalls yearly
— Respond to inspection results
— Summarize results in annual
report with dates of inspections
and dates of actions
— Keep records and adjust
program accordingly
20
Areas covered by Best Management Practices
-Vehicle maintenance & cleaning
-vehicle inspection
-hazardous materials
management
-hazardous materials training
-construction site erosion control
-control of dumping to creeks
and streams
-Vehicle washing
-hazardous spill response
-storm sewer cleaning
-deicing material storage
-pond cleaning
-removal of icing problems
-sediment disposal
-outfall inspection
-inspection of control devices
-use of fertilizers
-training in fertilizer & pesticides
-landscape maintenance
-pet waste control
-street cleaning
-patching
-illicit discharge detection
-dumping
As individuals there are three
general things we should try to do:
• Slow water down
• Cool it off
• Keep it clean
21
A
WS
Infrastructure
& Associates. Inc.
May 3, 2011
❑ Engineering I7 Planning ❑ Construction
Honorable Mayor, City Council & Staff
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: Resolution Accepting and Approving the Application for MCES I&I Grant Program
WSi3 Project No. 1626-53
Dear Honorable Mayor, City Council and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Attached for your consideration is a resolution accepting and approving the grant agreement between the
Metropolitan Council of Environmental Services (MCES) and the City of St. Anthony Village for the I/ I
Municipal Grant Program.
This program allows municipalities that have been identified as having excessive inflow and infiltration to
receive assistance with capital improvements that reduce the amount of inflow and infiltration. The MCES
has reviewed the City's application and has determined the City of St. Anthony Village is eligible to receive
a maximum of $103,262.00.
I will be present at your May 10, 2011 Council meeting to answer any questions you may have on this issue,
or please call me at 763-287-7182.
Sincerely,
WSB & A.srociates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
Minneapolis 1:1 St. Cloud
Equal Opportunity Employer
22
23
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-033
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
WHEREAS, The City of St. Anthony Village has submitted an application to the Metropolitan Council of
Environmental Services (MCES) for grant funding for improvements to the publically
owned sanitary sewer system to reduce inflow and infiltration; and
WHEREAS, The MCES has determined to contribute one-half of the actual amount of eligible expenses
during the grant activity period up to a maximum grant amount of $103,262.00.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village
1) the City of St. Anthony Village has budgeted and hereby commits to fund the City's portion of the
improvements as set forth in the agreement; and
2) the City Council agrees to accept and approve the Grant Agreement between the City of St. Anthony
Village and the Metropolitan Council of Environmental Services; and
3) the City Council hereby authorizes the City Manager and the City Clerk to execute said Agreement
for and on behalf of the City of St. Anthony Village.
Adopted this 10th day of May, 2011.
ATTEST:
City Clerk
Reviewed for administration:
Mayor
City Manager
ChDocumen1s mid Sem,jg0bw'bsucivlf.ocnl Sellinge9l enipwmy hnarmel 1,d,sDJ K24U2esoh ion 11-033-dccepl Gran! Apph.(,on d..
WSB
Infrastructure ❑ Engineering ❑ Planning n Construction
& Assoelalu, lac.
May 3, 2011
Honorable Mayor, City Council & Staff
City of St. Anthony
3301 Silver Lake Road
St. Anthony, MN 55418-1699
Re: 2009 Street and Utility Improvement Project - State Aid Variance
Dear Honorable Mayor, City Council and Staff:
701 Xenia Avenue South
Suite 300
Minneapolis, MN 55416
Tel: 763-541-4800
Fax: 763-541-1700
Attached for your consideration is a resolution authorizing the request for a variance to the State Aid
Operation Rules. This variance is necessary to receive State Aid funding for the 2009 Street Reconstruction
Project.
Minnesota State Aid Rule 8820.2800 Subpart 2A states that approval from the Minnesota Department of
Transportation Office of State Aid must be received prior to the contract bid opening. As you may recall the
City of St. Anthony Village obtained two variances from State Aid for horizontal curves along Foss Road.
Although prior to the contract bid opening the variance committee unanimously approved the variance
request for the curves along Foss Road, the official letter granting approval was dated one week following
the contract bid opening date. Therefore, Mn/DOT's Office of State Aid is requesting the City Council pass
a resolution authorizing a variance to State Aid rule 8820.2800, 2A for administrative purposes to receive
State Aid funds for the work completed.
I will be present at your May 10, 2011 Council meeting to answer any questions you may have on this issue,
or please call me at 763-287-7182.
Sincerely,
WSB & Associates, Inc.
Todd E. Hubmer, PE
City Engineer
Attachments
Minneapolis Ii St. Cloud
Equal Opportunity Employer
24
CITY OF ST. ANTHONY VILLAGE
RESOLUTION 11-034
A RESOLUTION REQUESTING A VARIANCE FROM
MINNESOTA STATE -AID RULE 8820.2800 SUBPART 2A
FOR THE 2009 STREET AND UTILITY IMPROVEMENT PROJECT
WHEREAS, the City of St. Anthony Village has constructed the improvement of Chandler Drive and
Foss Road, State Aid Route No. 161-107-002 from station 10+57.1 (37'1' Avenue NE) to
station 42+43.2 (City Limits) in the City of St. Anthony Village in the Counties of Hennepin
and Ramsey, Minnesota; and
WHEREAS, Minnesota State Aid Rule 8820.2800 Construction Requirements, subpart 2 plans and
estimates, require Municipal State Aid plan approval before the construction contract bids
are opened; and
WHEREAS, final Municipal State Aid plan approval was not received prior to construction contract bid
opening; and
WHEREAS, State Aid rules provide that a political subdivision may request a variance from these rules.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that:
1) The Engineer, WSB & Associates, Inc., is hereby authorized and directed to submit to the
Commissioner of "Transportation a formal request for variance from the Minnesota Department of
Transportation, State Aid Rule 8820.2800 Construction Requirements, Subpart 2 plans and
estimates, to permit a municipality to use a portion of its state aid funds for a project with plans
approved after the contract bids have been opened.
2) The City of St. Anthony Village does hereby indemnify, save and hold harmless the State of
Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes
of action arising out of or by reason of granting this variance, and further agrees to defend at their
sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim of
whatsoever character arising as a result of the granting of this variance.
Adopted this 10°i day of May, 2011.
ATTEST:
Clerk
Reviewed for administration:
Mayor
City Manager
CV)oonntems and Sctti 181Abub111clnALc nI SetI i"VTcnq,ornry Gvemot I IIcsV01.K24Temltit ion 11-034 - Varianee.doa
25
26
Engineer's Update
V
thoonv
eC%
Todd Hubmer, PE — WSB & Associates
May 10, 2011
2010 Street & Utility
Improvement Project
Highcrest Rd/Old Hwy_ 8
• Complete
Silver Lane Sidewalk (_west of Silver Lake Rd)_
Complete
.. Tou6up;,seed — Week of May 16 (tentative)
curb & sidewalk — Week of May 9
p,seed — Week of May 16 (tentative)
aving — Week of May 23 (tentative)
— Within one week of final paving
27
2011 Street & Utility
Imarovement Proiect
Completed or In -process
• Pavement removals on Edward & Coolidge
• Tree removals on entire project
• Temporary water on Edward & Coolidge
unitary s0ver replacement — In progress
• W'terrr ain replacement — Week of May 16
•StflCCn sewer replacement — Week of May 23
•9trae�t-:construction — May 30 — June 20
,Begi ��wdrk on Belden and Harding - Week of June 6
Construction Questions?
Please Call:
Tim MCAnallen - Observer 612-272-2683
Justin Messner- Proj. Engineer 763-287-7160
Todd, Hubmer — City Engineer 763-287-7182
Jaj'HarErnan —Public Works Dir. 612-782-3314
Emergencies 911
w
Questions/Comments?
2012 Street and Utility
Improvement Project
Vain 'ho
illa ter
29
Project Schedule
-Order feasibility report
June 14, 2011
-Hold 1st public information meeting
July 2011
-Accept feasibility report/order plans
August 2011
and specifications
-Hold 2nd public information meeting
October 2011
:Approve p(gns & specs, and order
November 2011
advertisement for bids
•Receive bids/compute assessments
December 2011
e resolutions on improvement January 2012
special assessments
Project Schedule — Cont'd
-Hold 3rd public information meeting
-Hold public hearing for project and
assessments, award bid, and
call for bond sales
-Award sale of bonds
•F
to county auditor
of construction
of construction
February 2012
February 2012
March 2012
May 2012
August 2012
October 2012
June 2013
Questions/Comments?
30