HomeMy WebLinkAboutCC MINUTES 10252011I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 OCTOBER 25, 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, Roth, and Stille.
16 Absent: None.
17 Also Present: Interim City Manager Jay Hartman
18
19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
20 ITEMS.
21
22 I. APPROVAL OF OCTOBER 25, 2011, CITY COUNCIL MEETING AGENDA.
23
24 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
25 Council Meeting Agenda of October 25, 2011.
26
27 Motion carried unanimously.
28
29 I1. PROCLAMATIONS AND RECOGNITIONS.
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31 None.
32
33 1II. CONSENT AGENDA.
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35 A. Consider October 11, 2011, Council meeting minutes;
36 B. Consider licenses and permits;
37 C. Consider payment of claims; and
38 D. Consider Resolution 11 -062; Calling for a Special Meeting of the St. Anthony
39 Canvassing Board to Canvass the 2011 Municipal Election Results for November 16
40 2011.
41
42 Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve the Consent
43 Agenda items, as presented.
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45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
City Council Regular Meeting Minutes
October 25, 2011
Page 2
V. REPORTS FROM COMMISSION AND STAFF.
A. Resolution 11 -063; To Approve a Conditional Use Permit for Mountain of Fire Miracle
Ministry of Minnesota 2824 — 2828 Anthony Lane S
6 Planning Commissioner Don Jensen presented the proposed Conditional Use Permit (CUP)
7 requested by KW Commercial and the applicant to use this Light Industrial zoned property as an
8 assembly place for members of the Mountain of Fire Miracles Ministry, a Christian
9 denomination based in Houston, Texas. The building would be used mostly on Sundays and
10 some week nights at times that would not impact the surrounding properties as they are not
11 generally open for business on Sundays or week nights. Planning Commissioner Jensen noted
12 the location on a drawing and presented a copy of the staff report. No comments were received
13 during the public hearing. The numbers of seats were adjusted to align with the number of
14 parking spots. He stated the Planning Commission recommended approval of the request and
15 that the Pastor met with neighboring properties to secure an agreement to use adjacent parking
16 areas as overflow.
17
18 Councilmember Stille questioned if the parking was for 84 spaces. Planning Commissioner
19 Jensen stated that was the preliminary request. The resolution includes that there would be no
20 more than 175 people at any given time and their 70 parking spaces are adequate.
21
22 Mayor Faust noted generally the number of parking spots is determined by the size of the
23 building instead of the anticipated number of attendees.
24
25 Councilmember Jenson questioned the building sprinklers. Mayor Faust stated he recalls the
26 Fire Inspector stating the building had recently been sprinkled.
27
28 Mr. Tom Baker, KW Commercial, appeared before the City Council on behalf of the applicant
29 and stated he represents Mountains of Fire Miracles Ministry.
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31 Councilmember Roth asked if more people attended would they be turned away. Mr. Baker
32 stated he does not believe this would be a problem and if other arrangements were needed for
33 larger crowds, they would speak to their neighbors.
34
35 Motion by Councilmember Jenson, seconded by Councilmember Gray, to approve Resolution
36 11 -063; to approve a Conditional Use Permit for Mountain of Fire Miracle Ministry of
37 Minnesota 2824 — 2828 Anthony Lane S.
38
39 Councilmember Roth stated he has a problem supporting a church in a light industrial area. As a
40 City it was defined where businesses would be and what they would do. He is struggling to
41 support the resolution.
42
43 Councilmember Stille stated he does not like to be on the other side of a church but he also does
44 not feel a light industrial area is a good place for a church. A residential area would be more
45 appropriate and if the economy turns a light industrial business may go into that area. He also
City Council Regular Meeting Minutes
October 25, 2011
Page 3
has concerns about the parking and believes it should be set according to the size of the building,
noting the City would have difficulty policing the parking.
4 Mayor Faust stated this is not an appropriate space for a church.
6 Councilmember Jenson stated the light industrial zoning could involve assemblies or a
7 convention hall and he believes a church would meet the criteria.
9 Mayor Faust stated it would not be a compatible use for future planning.
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11 Councilmember Stille stated he does not believe a church would fit with the zoning.
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13 Councilmember Gray felt putting a church in there for a short temporary time would be better.
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15 Councilmember Stille agreed a lease situation for a temporary period would be more desirable.
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17 Ayes —1, Nays — 4 (Roth, Stille, Faust, Gray) Motion failed.
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19 B. Resolution 11 -064; Approval of the Request for a Variance to Encroach into the Front
20 Yard Setback at 3701 Chandler Drive.
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22 Planning Commissioner Jensen presented the proposed front yard encroachment variance and
23 stated the property owners would like to construct a porte cochere to provide a canopy over the
24 drop -off area at the main entrance to the facility for the safety and convenience of its residents
25 and visitors. He stated the Planning Commission recommended approval for the variance
26 application to encroach into the front yard setback. A public hearing was held and no one
27 appeared to address the Commission.
28
29 Mr. Alan Plutowski, Trossen Wright Plutowski Architects, PA, appeared before the City Council
30 on behalf of the applicant and stated he is the architect for Chandler Place. Mr. Plutowski
31 showed a picture depicting the existing condition of the building and indicated the current drop
32 off area. The proposal includes an entry canopy that would replace the current drop off area.
33 This new proposal would also provide easier auto movement. He noted the grade drop which
34 will be corrected at the same time and advised that no occupancy is being added to the building.
35 He provided a drawing of the front of the building.
36
37 Mayor Faust referred to the existing site plan and questioned if the area was currently marked for
38 no parking. Mr. Plutowski stated it is not. Mayor Faust asked if people park there now. Mr.
39 Plutowski stated people do park in that location.
40
41 Motion by Councilmember Stille, seconded by Councilmember Roth, to approve Resolution 11-
42 064; Approval of the Request for a Variance to Encroach into the Front Yard Setback at 3701
43 Chandler Drive.
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45 Motion carried unanimously.
46
City Council Regular Meeting Minutes
October 25, 2011
Page 4
1 C. Resolution 11 -065, Approval of the Request for a Garage Setback Permit for 3205 — 36th
2 Avenue NE.
4 Planning Commissioner Jensen presented the proposed setback permit and stated the property
5 owners would like to construct a six -foot addition to an existing attached single car garage to
6 convert it to a more usable double car garage. If allowed, the addition will be two feet into the
7 five -foot side yard setback. The addition also increases the size of the existing garage to 528 sq.
8 ft., the maximum size allowed in the rear yard setback and side yard setback. The Planning
9 Commission recommended approval subject to them providing the provided sketches and
10 photographs. A sketch was provided of the planned garage addition. The drawing was modified
I 1 to a 6 -inch overhang. Photographs of the current property showing the lot lines were provided.
12 He indicated a public hearing was held and no one appeared to address the Commission.
13
14 Councilmember Roth asked about the 6 -inch overhang and questioned the size of overhang on
15 the other side of the house overhang. Planning Commissioner Jensen stated it is 24 inches.
16 Councilmember Roth summarized that one side of the garage would have a 24 -inch overhang
17 and the other a 6 -inch overhang.
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19 Councilmember Stille asked what kind of aesthetic implications would there be. Planning
20 Commissioner Jensen stated the Planning Commission saw no problem with the aesthetics of the
21 house.
22
23 Councilmember Jenson asked what the code was for the size of the garage. Planning
24 Commissioner Jensen stated as an attached garage there was no code. Currently the garage is
25 528 sq. ft.
26
27 Mayor Faust stated the overhang needs to be 6 inches to allow for easements, if necessary.
28
29 Mr. Donald Pavelka, appeared before the City Council as the applicant and stated their daughter
30 and son -in -law currently live in the house and they would like a double garage.
31
32 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution
33 11 -065; Approval of the Request for a Garage Setback Permit for 3205 — 36h Avenue NE.
34
35 Motion carried unanimously.
36
37 D. Resolution 11 -066; Approval of a Garage Setback Permit and Variance Request for
38 Garage Size at 3219 Stinson Boulevard.
39
40 Planning Commissioner Jensen presented the proposed setback permit and 308 sq. ft. variance
41 and stated the property owners would like to rebuild their garage that was severely damaged in a
42 storm. However, it was found previous owner had built a 396 sq. ft. garage addition to an
43 existing garage so the applicant was advised she could not rebuild the size of garage she
44 previously had, as it had been built illegally. A public hearing was held and no comments were
45 received. He noted this is in a unique area of the City. The Planning Commission recommended
46 approval.
City Council Regular Meeting Minutes
October 25, 2011
Page 5
Mayor Faust referenced the Planning Commission report 2A and 2B and questioned if the
Planning Commission was made aware the applicant could build up to 1000 sq. ft. keeping
within the rear setback.
6 Councilmember Stille asked if the garage was to be built within Code. Planning Commissioner
7 Jensen explained if the garage had not existed, it would need to be built 528 sq. ft. and there
8 would have to be a 5 -foot setback. Planning Commissioner Jensen stated it did make sense to
9 build on the existing slab.
10
11 Councilmember Jenson stated the Code is very clear to allow an oversize garage if you adhere to
12 the setbacks. He asked if that was discussed. Planning Commissioner Jensen stated it was not
13 discussed because this was a unique situation.
14
15 Ms. Rachel Sanzone, appeared before the City Council as the applicant and stated her goal was
16 to replace the garage in its current size and position. She was not aware at the time of purchase
17 that the garage was illegally built and stated that the garage was the reason that she bought the
18 property. She stated had it not been for the storm, she would be still using her garage. She parks
19 two cars in the garage and uses a portion of the garage as a potting shed and storage. Ms.
20 Sanzone stated other properties have garages that seem to be as large as hers so she feels she is
21 not altering the essential characteristic of the neighborhood; that she did not cause the unique
22 circumstances that destroyed her garage and economic reasons are not the basis of the practical
23 difficulties.
24
25 Mr. Mark Dahlke, Integrity Restoration, stated the original garage was built in two parts. Had
26 the portion of the garage been built properly it could have remained as it was not damaged by the
27 tree. Two slabs would need to be removed and additional landscaping will be necessary. The
28 plan would be to rebuild as it was before the storm. Mr. Dahlke stated it would be a facelift for
29 the neighborhood and the garage would be up to City Codes, noting the 2 -foot setback has been
30 there since the 1950's.
31
32 Councilmember Stille asked about construction the garage so a variance is not required. Mr.
33 Dahlke stated if it were constructed in another location many factors would need to be modified.
34
35 Mayor Faust asked if the only thing remaining is the concrete slab. Mr. Dahlke stated the two
36 garage portions are still tied together in the back.
37
38 Ms. Sanzone stated the rear portion of the garage would be in the rear setback. Mayor Faust
39 asked if a 2 -foot slab couldn't be added, noting a 60- year -old slab would probably need to be
40 removed to do the job correctly.
41
42 Councilmember Stille stated Assistant City Manager Moore -Sykes told him the rear setback was
43 not an issue.
44
45 Councilmember Roth asked if the back addition was 5 feet. The back slab was inspected by the
46 City. Ms. Sanzone stated the lot coverage is currently at 37 %.
City Council Regular Meeting Minutes
October 25, 2011
Page 6
2 Mayor Faust stated Council does not want to exacerbate an already bad situation with the
3 "illegal' garage, noting the Council has an opportunity to rectify the situation and follow the
4 standards.
6 Councilmember Roth asked if Mr. Dahlke builds garages. Mr. Dahlke stated he is a licensed
7 contractor in the City of St. Anthony. Councilmember Roth asked if the slab was built according
8 to standards. Mr. Dablke stated he does not know.
9
10 Councilmember Roth stated he did not spend a lot of time on Planning Commission prior to
11 being on Council. He asked if a garage was needed to be replaced, would the slab need to be
12 replaced. Mayor Faust stated it was a non - conforming use and it can be rebuilt in a conforming
13 use.
14
15 Councilmember Stille stated the City has an opportunity to get code compliance and economic
16 considerations cannot be the reason for approving a variance.
17
18 Councilmember Jenson noted on page 61 the setback is corrected to be 5 feet. Mr. Dale stated he
19 has been doing insurance repairs and contracting for 40 years in Minnesota. This job could be
20 considered a replacement or repair since all the applicant is asking for is to replace the garage as
21 it was.
22
23 Mr. Dale asked if the neighbor will need to move his fence. Mayor Faust stated the Council will
24 follow code to the best of their ability and the Council has an obligation to treat all residents
25 fairly.
26
27 Motion by Councilmember Stille, seconded by Councilmember Jenson, to deny Resolution 11-
28 066; approval of a Garage Setback Permit and Variance Request for Garage Size at 3219 Stinson
29 Boulevard.
30
31 Councilmember Roth stated he built a garage ten years ago and the concrete cost $10,000. He is
32 familiar with the Code and will not support the denial of this request since the homeowner is
33 trying to improve the situation at hand. He believes what most likely will happen is the front
34 will be repaired and the back will remain as is in substandard condition.
35
36 Councilmember Stille stated this is difficult and he would like to accommodate. He noted there
37 has not been a lot of compromise on the part of the applicant and the Council needs to follow the
38 Code.
39
40 A yes — 4, Nays —1 (Roth) Motion carried.
41
42 E. Resolution 11 -067• Approval of the Request from Greg Cotulla. Cotulla & Associates for
43 an Amendment to the St. Anthony Shopping Center PUD to Allow for Planned
44 Renovations and the Sign Plan to Allow for the Modification of Existing Wall Signs.
SW
City Council Regular Meeting Minutes
October 25, 2011
Page 7
1 Planning Commissioner Jensen presented the proposed request for an amendment to the St.
2 Anthony Shopping Center PUD to allow for updates and renovation. Planning Commissioner
3 Jensen provided the staff report along with letters from the applicant. The elevations are
4 accurate. Planning Commissioner Jensen provided a sketch. A public hearing was held and no
5 one appeared to address the Commission. The Planning Commission recommended approval of
6 the amendments to the St. Anthony Shopping Center PUD to allow for planned renovations and
7 the sign plan to allow for the modification of existing wall signs.
9 Mayor Faust asked if the monument signs were discussed. Planning Commissioner Jensen stated
10 the sign at Kensington was discussed and there was not a request to put it in a non - conforming
11 condition.
12
13 Councilmember Jenson asked exactly what are they requesting. Mr. Greg Cotulla, Cotulla &
14 Associates, appeared before the City Council on behalf of the applicant. Mr. Cotulla stated they
15 are attempting to get larger signage visible from County Road 88. They are requesting to
16 increase the size from 2 square feet to 3 square feet.
17
18 Mayor Faust asked about the monument. Mr. Cotulla stated they would like to consider a second
19 sign to the property, possibly a ground sign. The sign has not yet been designed and it is not the
20 owner's intent to construct one that this time.
21
22 Councilmember Stille asked why the owner wouldn't be putting the sign in now. Mr. Cotulla
23 stated it is not part of the current plan.
24
25 Councilmember Roth questioned the awning. Mr. Cotulla stated they are proposing to remove
26 the canopy and replace with an awning that provides more daylight in the retail stores. The
27 awning is more current architecturally, would be canvas, and would last approximately 10 years.
28 Councilmember Roth asked if they were permanent canvas or rolled up. Mr. Cotulla stated they
29 would be permanent. Councilmember Roth asked if the current tenants are in favor of new
30 signage. Mr. Cotulla stated the current tenants have the option of putting up new signage at that
31 time and new tenants would be required to put up a backlit sign.
32
33 Mayor Faust asked if streetlights along the sidewalks would be installed. Mr. Cotulla stated they
34 are currently bidding streetlights and the parking lot lights would be replaced with LED fixtures.
35
36 Councilmember Roth asked if the location of the pergolas was determined. Mr. Kozulla stated
37 they have presented the drawings to as many tenants as possible and none mentioned not wanting
38 a pergola in front of their store.
39
40 Councilmember Stille asked what made them go with the acorn streetlights rather than the domus
41 style. Mr. Kozulla answered it was the architectural preference.
42
43 Mayor Faust referred to the monument proposed for the future and indicated he is somewhat
44 resistant, not knowing what it would be. Mr. Kozulla stated the monument would need to
45 comply with the zoning code. Mayor Faust expressed concern related to sight lines and because
46 a large sign may impede sight at the intersection.
City Council Regular Meeting Minutes
October 25, 2011
Page 8
Councilmember Stille stated he would prefer to see the monument go in now.
4 Motion by Councilmember Roth, seconded by Councilmember Stille, to approve Resolution I I -
5 067; approval of the Request from Greg Kozulla, Kozulla & Associates for an Amendment to the
6 St. Anthony Shopping Center PUD to Allow for Planned Renovations and the Sign Plan to
7 Allow for the Modification of Existing Wall Signs, revising the sixth Whereas to strike the
8 following wording: "and requesting an opportunity to put a monument sign at the Kenzie Terrace
9 at some time in the future, submitting design, size and placement information at that time; ".
10
11 Motion carried unanimously.
12
13 VI. GENERAL BUSINESS OF COUNCIL.
14
15 A. Resolution 11 -068; Calling for Public Hearing, on the Capital Improvement Plan and the
16 Issuance of Capital Improvement Plan Bonds to Refund the 2003 HRA Lease Revenue
17 Bonds. Stacie Kvilvang, Ehlers & Associates presenting,
18
19 Ms. Stacie Kvilvang, Ehlers & Associates, explained that in 2003, the City issued $5,530,000 in
20 lease revenue bonds to finance the construction of the Fire Station and Public Works Facility.
21 The date on which these bonds can be refinanced/paid off is February 1, 2013. However, the
22 City has the ability to complete an advance refunding on any bond issue, meaning it can
23 refinance prior to the call date. She recommended moving forward with an advance refunding
24 on this bond issue due to the very favorable interest rates within the market. She also
25 recommended refunding these bonds as general obligation bonds to further reduce interest costs
26 and increase savings to the City. The process calls for a capital improvement fund.
27
28 Councilmember Stille asked what the melded rate would be. Ms. Kvilvang stated 1 -2 percent. A
29 public hearing would be recommended for November 8, 2011.
30
31 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
32 11 -068; Calling for Public Hearing on the Capital Improvement Plan and the Issuance of Capital
33 Improvement Plan Bonds to Refund the 2003 HRA Lease Revenue Bonds.
34
35 Motion carried unanimously.
36
37 B. Resolution 11 -069; To Approve a Request to Keep Chickens in an R -1 Zoning District.
38
39 Interim City Manager Hartman reported staff received a call from Ms. Kay Steffenson of 2816
40 Coolidge Street NE, asking what she needed to do in order to have chickens. Ms. Steffenson was
41 provided with City ordinance information about the approval process; however, Subsection
42 91.56 indicates: "whereby no person may keep swine, ..., or fowl, within the City nearer than
43 500 feet to any human habitation or platted land, without approval of City Council.
44
45 Ms. Kay Steffenson, 2816 Coolidge Street NE, appeared before the Council and requested
46 permission to raise chickens in her backyard. The plan would be to build a coop attached to the
City Council Regular Meeting Minutes
October 25, 2011
Page 9
existing shed, large enough to house 4 laying hens. They would not keep a rooster and their
desire is to have fresh eggs and in this small way be close to their food source.
4 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 11-
5 069; To Approve a Request to Keep 3 Female Chickens in an R -1 Zoning District.
6
7 Motion carried unanimously.
8
9 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
10
11 Councilmember Jensen reported he is liaison to the St. Anthony Historical Society and they have
12 sold over 639 books.
13
14 Councilmember Stille reported stated he attended a seminar put on by MN Real Estate Journal
15 regarding senior housing.
16
17 Mayor Faust reported he met yesterday with community members on the Veterans Memorial,
18 advising it will be turned over to the City on November 11, 2011, at l la.m. He also reported on
19 his meeting with the Executive Board of the Metropolitan Council water management, noting St.
20 Anthony is receiving recognition.
21
22 VIII. COMMUNITY FORUM.
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Mayor Faust invited residents to come 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
IX. INFORMATION AND ANNOUNCEMENTS.
None.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:55 p.m.
Respectfully submitted,
Debbie Wolfe
TimeSaver Off Site Secretarial, Inc.
43 ATTEST:
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