HomeMy WebLinkAboutCC MINUTES 07242012I
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
JULY 24, 2012
5 CALL TO ORDER.
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7 Mayor Faust called the meeting to order at 7:00 p.m.
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9 PLEDGE OF ALLEGIANCE.
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II Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
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ROLLCALL.
Present:
Absent:
Also Present:
Guest:
Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
None.
City Manager Mark Casey and Project Manager Justin Messner.
Brian Heinis (Planning Commission Chair).
21 CONSlDERA TlON, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
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APPROVAL OF JULY 24, 2012, CITY COUNCIL MEETING AGENDA.
Motion by COllncill1lember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of July 24, 2012.
Motion carried unanimously.
PROCLAMATIONS AND RECOGNITIONS.
A. Minnesota Night to Unite Proclamation .
Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve the Minnesota
Night to Unite Proclamation proclaiming Tuesday, August 7, 2012, as "Night to Unite" in the
City of St . Anthony .
Motion carried unanimously.
CONSENT AGENDA.
A. Consider June 26, 2012. Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims;
D. Consider Resolution 12-069; Awarding a Bid for the 2012 Storm Water Improvement
Project; and
E. Consider Resolution 12-070; Awarding a Bid for the LED Safety Improvements at 34'h
Avenue and Silver Lake Road .
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City Council Regular Meeting Minutes
July 24, 2012
Page 2
Mayor Faust requested that Project Manager Messner provide a brief explanation regarding
Consent Agenda item E and requested that this item be removed from the Consent Agenda.
Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Co nsent
Agenda as amended to move Consent Agenda item E to the regular agenda as item VI.A.3.
Motion carried unanimously.
9 IV. PUBLIC HEARING.
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None.
REPORTS FROM COMMISSION AND STAFF.
A. Reso lution 12-071; Approving a Variance to the Rear Yard Setback for Property Located
at 3207 Silver Lake Road. Brian Heinis. Planning Commission C hair. presenting.
Chair Heini s stated the applicants are requesting a variance to the rear yard setback for the
construction ofa 27' x 24' garage on their property located on the comer of Silver Lake Road
and Hilldale Avenue. He indicated Ci ty Code requires a rear yard setback of the greater of25'
or 20% of the lo t depth and the rear yard setback for this property is 31 '. He presented a diagram
of th e property 's la yo ut no ting that the driveway is located off Hilldale. He explained that
placing a garage within the rear setback would limit s unlight , prohibit future deck or patio
expansion, and cau se potential drainage is s ues . He adv ised the prop e rty owners are proposing to
use the property in a reaso nable manner consistent within the R-I district , the circumstances are
unique to the property not caused by the owner, and the home was constructed in a manner that
makes it difficult to meet the rear yard setback. He noted the variance if granted will not alter
the essential character of the locality and economic considerations alone are not the basis for the
practical difficulties. He added the variance is consistent with the Comprehensive Plan , would
protect the land use district, and would allow for orderly redevelopment of the s ite ; in addition,
the variance will not reduce the amount of light, air, and access to the property and granting the
variance will not increase congestion or result in overcrowding of the land. He added the
variance if gra nted will not alter the si te 's compatibility with land uses in the area.
Councilmember Jenson reques ted further information regarding the location of the variance on
th e property. He also asked if the proposed garage could be repositioned in such a way that a
variance would not be required.
Chair Heinis presented a diagram s howing the locati o n of the proposed garage in relation to the
required rear ya rd setback of3I '. He stated if the proposed garage was placed on the lot in a
manner that was compliant with C ity Code the garage would be located a few feet from the
house and would block sunlight into the house.
Mayor Faust noted that the location of the proposed garage appears to represent the bes t po s ition
for the least amount of variance.
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City Council Regular Meeting Minutes
July 24, 2012
Page 3
Councilmember Roth asked if the proposed garage would comply with City Code if the
applicant 's address was Hilldale Avenue instead of Silver Lake Road.
Chair Heini s replied that the proposed garage would be in compliance with the City 's s ide yard
setback requirements if the applicant's address was Hilldale Avenue.
Mr. David Socha and Ms . Meredith Socha, 3207 Silver Lake Road , appeared before the City
Council and stated placement of the proposed garage is intended to maintain as much yard s pace
as possible.
Motion by Councilmember Gray, seconded by CO\lncilmember Jenson, to approve Resolution
12-071 ; Approving a Variance to the Rear Yard Setback for Property Located at 3207 Silver
Lake Road.
Motion carried unanimously.
Mayor Faust thanked Mr. Socha for his military se rvice to the country.
B. Resolution 12-072; Approving a Three-Foot Variance to the Required 30-Foot Setback
from 37[h Avenue for the Property at the Corner of Foss Road and 37[h Avenue NE.
C hair He ini s exp lained that St. Anthony Health Center wishes to construct a light well within the
required 30' se tback from 37[h Avenue noting that the light well would extend into the setback
by 3'. He advised the existing location of the physical therapy unit in the basement limit s the
amount of natural light coming into the building, placing a light well at other locations would
conflict with utility and other s ervices , and relocating the physical therapy unit is not practical.
He stated th e owner is proposing to use the property in a rea so nable manner and the light well is
intended to provide natural light for the physical therapy unit. He indicated the circumstances
are unique to the property, not caused by the owner, and the variance, if granted, would not alter
the essential character of the locality ; in addition, economic considerations alone are not the
basis of the practical difficulties and the proposed location of the light well is the most logical
and best suited to allow natural light to enter the basement. He added the variance is consistent
with the Comprehensive Plan , would protect the land use district, would allow for the orderly
redevelopment on the site , will not reduce light , air, and access to the property , granting the
variance will not increase congestion , will not result in overcrowding, and will not alter the site's
compatibility with surrounding land uses.
Councilmember Jenson requested information regarding the type of glass used in the light well
as well as the location of the light well in relation to the existing windows on the building.
Mr. Alan Plutowski, TWP Architects , appeared before the City Council on behalf of the
applicant and explained the light well will be laminated safety glass similar to glass used in a sky
light. He stated the light well will be placed at the bottom of the windowsills and slope to 2' off
the ground. He added the goal of the project is to improve the facility and the quality of care
provided to residents by bringing natural light into the physical therapy unit.
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City Council Regular Meeting Minutes
July 24 , 2012
Page 4
VI.
Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 12-
072; Approving a Three-Foot Variance to the Required 30-Foot Setback from 37 th Avenue NE
for the Property at the Corner of Foss Road and 37 th Avenue NE.
Motion carried unanimously.
GENERAL BUSINESS OF COUNCIL.
A. Autumn Woods II. Justin Messner. WSB & Associates. presenting.
I. Update.
Project Manager Messner provided an update regarding the Autumn Woods II project now
known as The Legacy olS!. Anthony. He stated that a revised fir st floor plan has been submitted
which includes removal of one parlor and replacing it with one additional care unit , expansion of
the dining hall to allow more capacity as well as expansion of the kitchen area to accommodate
the expanded dining hall , reduction of the overall site elevation by 2 ' to better fit the existing
g rades on the site and lessen the impact to surrounding properties, and revisions to the drainage
sys tem located und e r the parking lot south of the building. He explained that storm water will be
di scharged after treatment into the storm water facility along Lowry Avenue. He added that
con struction is anti c ipated to begin next month upon approval of the building permit.
Councilmember Stille asked how many beds are being added with the removal of the parlor. He
also reque s ted further information regarding the sign on the property advertising a restaurant.
Councilmember Roth requested further information regarding collection of storm water.
Project Manager Messner stated that storm water will be collected and treated under the site 's
parking lot and treated water will be discharged into the City's storm sewer facility .
Mr. Greg Bronk, LaNel , appeared before the City Council and stated that they refer to their
dining facilities as restaurants and they are proud to serve meals prepared by first class chefs. He
indicated the restaurant is for use by residents, guests of residents, and future residents and they
do not advertise the restaurant for outside guests . He c larified that they moved the beauty parlor
on first floor and converted that space to a bed in the care suite area for a total of 73 units
compared to the previous 72 units . He added they hope to begin construction in late August with
opening scheduled for September 1,2013 .
2. Resolution 12-073; Approving the Vacation of the Sanitary Sewer Easement.
Motion by Councilmember Roth , seconded by Councilmember Jenson , to approve Resolution
12-073; Approving the Vacation of the Sanitary Sewer Easement (Hennepin County Document
#2524860).
Motion carried unanimously.
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City Council Regular Meeting Minutes
July 24 , 2012
Page 5
VII.
3. Resolution 12-070; Awarding a Bid for the LED Safety Improvements at 341h
Avenue and Silver Lake Road.
Project Manager Messner provided historical background regarding the City Council 's request to
improve safety in the City by installing visib le warning systems at certain locat ions, including
LED enhanced warning s igns and crosswa lk s. He advised that City staff met with the County to
discuss installation of mid-block LED safety improvements on Silver Lake Road and 34 111
Avenue (Hennepin County 136) and th e County authorized the City to proceed with the design,
however, because this project was one of the first of its kind , the County required an engin eering
study to determine the effectiveness of the proposed improvements and data was collected to set
warrants for future locations in the County . He indicated the City approached the University of
Minnesota to assist with the study and received a grant to complete the study ; the University
students presented the results of the stud y to the City Council in May 2012 and the City has now
received a permit for construct ion from the County . He stated bids were received to install the
in-p avement crosswalk warning system and Killmer Electric Co., Inc ., is the lowest responsible
bidder. He added that construction will begin in late August.
Motion by Counc ilm ember Roth , seconded by Counci lm ember Jenson , to approve Resolution
12-070 ; Awarding a Bid for 2012 LED Pedestrian Safety Imp rovements at 341h Avenue and
Silver Lake Road P roject.
Motion carried unanimously.
B. Quarterly Goals Update. Mark Casey, City Manager, presenting.
City Manager Casey presented the quarterly goals update and stated the City continues to explore
a joint fiber partnership and he has met with Ramsey County officials to discuss the County 's
fiber ring. He advised that the City Engineer presented his findings of the study in response to
the flooding event and staff continues to work with Rice Creek Watershed District, the DNR , the
City of New Brighton, and Ramsey County; in addition , the back flow preventer has been
ordered for Mirror Lake. He stated that discussions w ith the Chamber of Commerce were held
regarding bus in ess outreach and a database of approximately 300 businesses has been identified.
He advised that socia l media expansion for the liquor stores will be implemented soon. He
stated the City is in the process of purchasing new financial software that will be more effective
and secure. He stated that the City will begin performing utility billing for the City of
Birchwood and will provide accounting services to MWMO. He added the City was fortunate to
be awarded a host site for the GreenCorps program funded through the MPCA, which will
provide a staff person at no cost to the C it y for eleven months . He stated the City continues to
work w ith othe r agencies to continue it s sustainab ility efforts.
REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
City Manager Casey -No report .
C ouncilmember Roth -No report.
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City Council Regular Meeting Minutes
July 24 , 2012
Page 6
2 Council member Stille -No report.
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4 Councilmember Gray -No report.
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6 Councilmember Jen son reported on the C ity Council's attendance at the July 23 rd joint meeting
7 with the School Board and City Council work session.
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9 Mayor Faust reported on his attendance at the following:
10 • Jul y 91h Regional Council of Mayors meeting.
II • July 10lh MWMO Board meeting.
12 • July 171h Chamber of Commerce members hip board meeting.
13 • July 23 rd City Council meeting with the School District.
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15 Mayo r Faust reminded the C ity Council of the upcoming "View from the Big River" on July 31 51
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18 VIII . COMMUNITY FORUM.
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20 Mayor Faust invited residents to come forward at this time and address the Co uncil on item s that
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23 Mr. Ken Brown, 3422 Silver Lane, appeared before the City Co uncil and stated he previously
2 4 sent an email to the C ity Co uncil requ esting that the Fire Code be changed related to outdoor
25 grilling because the current Code prohibits residents of Evergreen Townhomes from grilling on
26 their decks and patios. He recited provi s ions from the old Fire Code and an Appendix Hand
27 s tated the C it y adopted Appendix H in 2008, particularly Section 1.1 and 1.2 , but did not adopt
28 the exception . He stated he met with the acting Fire Marshal to discuss the definition of s tructure
29 and indicated in order for Evergreen re s idents to grill , they have to move their grills 15 ' away
30 from any s tru c ture, which means moving it off their deck and into an area 15 ' away. He s ta ted
31 Section 1.2 addresses storage of fuel and requires that LP tank s be remo ve d from the grill after
32 each use and s tored in the garage, which seems unreasonable and unsafe. He indicated it appears
33 to be okay to grill close to any other part of your structure such as in front of your garage. He
34 questioned why the Code does not apply to homeowners and require them to move their grills
35 15' away from their deck and he feels the Code is unreasonable for townhome resident s . He
36 added the Code also talks about open flames and a candle is an open flame so re s idents cannot
37 use citronella candles on their decks. He requested that the City Council take the initiative to
38 develop a consistent set of rules that would enable townhome residents to g rill.
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40 Mr. Jeny John , 3456 Silver Lane, appeared before the City Council and discussed a situation
41 where someone was grilling on their deck and melted the siding material. He indicated he
42 s uggested that Mr. Brown investigate this situation further and assumed that a Fire Code
43 violation would result in a letter being sent to the resident but Mr. Brown launched an
44 investigation to learn ifhe could get around this situation and/or the Code by sending a letter to
45 residents s uggesting that the y move their grills from their decks and s tating the Fire Department
46 does not enforce the rule in any event, which is not true. He stated if there are rules or
City Council Regular Meeting Minutes
July 24, 2012
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regu lations that the townhome board does not like, then the board seeks to change those rules
without re s ident input and in this case, resulting in safety concerns. He urged the City Council
not to change the Fire Code.
Mayor Faust stated the City Manager and staff will review the City Code and will present their
findings to the City Council.
Mr. Brown stated the townhome association rec e ntly published a newsletter article regarding the
local code to provide education to residents regarding code requirements. He added he does not
view the association role to be one of writing laws on top of the local code and they are just
trying to educate residents about the local code.
INFORMATION AND ANNOUNCEMENTS.
Mayor Faust reminded residents of Village Fest August 3-5. He stated further information is
available on the City's webs ite. He added that golfers are st ill needed and gifts are also needed
for the s ilent auction.
ADJOURNMENT.
Mayor Fau st adjourned the meeting at 7:59 p.m.
23 Re s pectfully submi tted ,
24 Barbara Hugh es
25 TimeSaver Off Site Secretarial, Inc.
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;~ ATTEST: ~L~iu1
30 City Clerk
£cl J~ . I
Mayor