HomeMy WebLinkAboutCC MINUTES 092720111
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
SEPTEMBER 27, 2011
CALL TO ORDER.
Mayor Faust called the meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE.
Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
ROLL CALL.
Present: Mayor Faust; Councilmembers Gray, Jenson, Roth, and Stille.
Absent: None.
Also Present: Interim City Manager Jay Hartman.
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF SEPTEMBER 27, 2011, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
Council Meeting Agenda of September 27, 2011.
Motion carried unanimously.
II. PROCLAMATIONS AND RECOGNITIONS.
None.
III. CONSENT AGENDA.
A. Consider September 13, 2011, Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims,
D. Consider Resolution 11 -055; Certifying Special Assessments for Delinquent Public
Utility Service Accounts to the Hennepin County Tax;
E. Consider Resolution 11 -056; Certifying Special Assessments for Delinquent Public
Utility Service Accounts to the Ramsey County Tax; and
F. Consider Resolution 11 -057; Authorizing the a Mayor and Interim City Manager to
Execute a Cooperative Agreement between the City of Minneapolis and City of St.
Anthony regarding the Bicycle Parking Program.
Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
City Council Regular Meeting Minutes
September 27, 2011
Page 2
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Councilmember Roth requested further information regarding the location of the bike racks as
part of the Cooperative Agreement with the City of Minneapolis.
Interim City Manager Hartman advised that the bike racks will be spread throughout the City's
park facilities, including Emerald Park, Central Park, the tennis court area, the skate park, and
Tower Park.
Motion carried unanimously.
PUBLIC HEARING.
None.
REPORTS FROM COMMISSION AND STAFF (BRIAN HEINIS, PLANNING
COMMISSIONER, PRESENTING).
A. Resolution 11 -058• Approving the Proposed Comprehensive Sign Update for the St
Anthony Shopping Center, 2900 Pentagon Drive.
Planning Commissioner Heinis presented the proposed comprehensive sign plan for the St.
Anthony Shopping Center which includes a request to amend the sign plan to allow storefronts to
have 3 SF of sign area per lineal foot of frontage. He stated that the Planning recommended
approval of the request and asked that the architect provide the City Council with a drawing
depicting the size of current signs as well as the proposed size of 3 SF per lineal foot of frontage.
Mr. Greg Kozulla, Kozulla & Associates, appeared before the City Council on behalf of the
shopping center owners and stated that the proposal requests that the City allow 3 SF of signage
per lineal foot of tenant space which is 1 SF larger than currently allowed in the Ordinance. He
indicated that the drawing prepared for the City Council shows a dash line depicting the
maximum signage that would be allowed for a 4' maximum sign letter height. He advised that if
a tenant decides to stay with signage that uses a smaller size letter, the sign plan would allow 2'
letters stacked above each other which would maximize their footage to 3SF per lineal foot of
tenant space. He provided an example of the Fitness Crossroads and O'Reilly signs which have
larger than a 4' letter, but the signage does not exceed the criteria of 2 SF of signage per lineal
foot. He indicated that they propose to grandfather in the existing signs on the building and re-
install the signs following completion of the fagade project, while new tenants will be subject to
the new criteria of 3 SF per lineal foot of frontage and the sign must be lit.
Councilmember Stille asked if the sign plan includes future ground signs. He noted that the
Planning Commission focused on the square footage per lineal foot of frontage, but actually
there are nine changes proposed to the sign plan according to the staff report and one of the
changes relates to a future ground sign.
Mayor Faust stated that if future ground signs were not discussed at the Planning Commission
level, the City Council cannot consider the issue.
City Council Regular Meeting Minutes
September 27, 2011
Page 3
1 Councilmember Stille stated that he spent a lot of time trying to understand what was discussed
2 at the Planning Commission and reconciling it with the City Council materials. He indicated it
3 would be helpful to both the Planning Commission and the City Council if staff would lay out
4 the current requirements and indicate where changes are being made. He added it may also be
5 helpful to redline the proposed changes to the sign plan to make is easier to see the changes.
6
7 Motion by Councilmember Stille, seconded by Councilmember Jenson, to table the action on
8 Resolution 11 -058 Approving the Proposed Comprehensive Sign Update for the St. Anthony
9 Shopping Center, 2900 Pentagon Drive, and send this matter back to the Planning Commission
10 for further consideration and review.
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12 Mayor Faust noted that this action should not stop construction on the project and will only stop
13 the owner from putting up the new signage pending resolution of the sign plan revisions.
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15 Councilmember Stille indicated that another item to be addressed relates to the parking design
16 because it will not meet the City Code which requires parking spaces be a minimum of 19' long
17 and existing striping is 18'. He requested that Interim City Manager Hartman review this matter.
18
19 Motion carried unanimously.
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21 B. Resolution 11 -059; Approval of a Front Yard Encroachment at 3408 Maplewood Drive.
22
23 Planning Commissioner Heinis presented the proposed front yard encroachment variance and
24 stated the property owners would like to build a porch on the front of their house which would
25 encroach into the front yard setback, resulting in a variance of 2'10".
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27 Councilmember Stille requested further information regarding the project and asked if the project
28 is part of a larger renovation of the house.
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30 Mr. Cully Johnson, 3408 Maplewood Drive, appeared before the City Council and stated the
31 porch is part of an overall renovation project after they experienced water damage to the roof.
32 He indicated they are installing a new roof and siding and decided to add a porch which would
33 add more livable space to the home. He explained that they want the porch to be even with the
34 garage resulting in a nice clean line; if the porch is brought back behind the garage, they felt it
35 would look odd and would also cut down the square footage in the porch, making it too narrow.
36 He added that they also have to have a properly sized stoop off the end of the porch which
37 encroaches into the setback.
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39 Councilmember Jenson stated he could tell that by building the porch flush with the garage, it
40 was in the same plane as adjacent houses and seems to be within the character of the
41 neighborhood.
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43 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution
44 11 -059; Approval of the Request for a Variance to Front Yard Setback for Steps and Stoop for
45 3408 Maplewood Drive NE.
46
City Council Regular Meeting Minutes
September 27, 2011
Page 4
VA
C.
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Motion carried unanimouslv.
6 Planning Commissioner Heinis explained that the property owners have requested a variance and
7 garage setback permit to remove the existing garage and replace it with a garage that is
8 approximately 240 SF larger and to move the garage five feet off the rear property line and five
9 feet off the west property line.
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11 Councilmember Stille asked if the Planning Commission considered the impact of the proposed
12 structure on adjacent homeowners.
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14 Planning Commissioner Heinis replied that one resident opposed the garage, stating that they felt
15 the garage was too big for the area. He added that in this part of town, there appears to be no
16 consistency of garages and the Planning Commission felt the garage would fit in the
17 neighborhood. He indicated that the Planning Commission questioned whether the proposed
18 square footage was excessive, but noted that if the garage was attached to the house, the square
19 footage would not be an issue. He stated that the impervious coverage was just over 35 %, so one
20 of the Planning Commission's conditions was to require the property owner to get the lot
21 coverage down below 35% and the owners agreed to that. He referenced the revised site plan
22 showing 32.1% lot coverage.
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24 Mayor Faust stated that the 32.1 % figure assumes that pervious pavers are used in the driveway
25 and questioned whether the Code provides that pervious pavers mitigate the lot coverage.
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27 Councilmember Roth requested clarification regarding the sight line of the house in relation to
28 the garage. He also requested information about the materials to be used on the garage.
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30 Mr. Glenn Bergum, 2610 301h Avenue NE, appeared before the City Council and stated that the
31 siding on the garage will be narrow lathe particle board which matches the recent porch
32 renovation on the house. He indicated that the house and garage will sit perpendicular to one
33 another, with the house east -west and the garage north - south.
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35 Councilmember Stille provided some historical background regarding the City Code's language
36 related to lot coverage. He stated that approximately ten years ago the Planning Commission
37 received a lot of variance requests for garages to be put in the setback combined with situations
38 where the lot coverage exceeded 35 %, so the Ordinance was relaxed to allow 40% lot coverage
39 for lots under 9,000 SF. He explained with respect to the setback for garages, the setback is 25'
40 and the Planning Commission at the time said these properties do not need a variance but instead
41 need to come before the City Council to obtain the equivalent of a Conditional Use Permit to
42 allow the owner to build in the setback, with the proviso that the City Council will review the
43 request similar to a variance, e.g., material quality, impact to the neighborhood, etc. and the City
44 Council has the ability to put stipulations in place. He indicated that the request before the City
45 Council includes a garage setback permit that allows the structure to be put within 5' of the rear
46 property line as well as a variance to construct a garage that is 240 SF larger than allowed by the
City Council Regular Meeting Minutes
September 27, 2011
Page 5
Code. He noted that the City Council is not being asked to approve a lot coverage variance,
however, there are issues regarding the City's interpretation of what constitutes impervious
surface.
Mayor Faust indicated that the 60 -day rule expires October 24, 2011 and the City Council can
extend the 60 days once, or it can choose to approve, deny, or table this matter.
8 Mr. Bergum presented a zoning map showing his property is zoned RI Single Family
9 Residential. He referenced the City Code's land usage section and recited the Code relating to
10 lot coverage. He indicated there appear to be some issues related to pervious pavers which are
11 not addressed in the Code. He also recited the City Code regarding accessory buildings and the
12 reference to rear yard which defines the rear yard as being 25' from the residence and that
13 accessory buildings must be placed within the rear yard. He stated that he felt the Code appears
14 to say that a garage can be 1,000 SF and if it is within the setback, it can be no larger than 528
15 SF. He presented photographs of his neighborhood and indicated his neighbor's 660 SF garage
16 was built within the last three years and noted that other garages and accessory buildings in the
17 area are well within 3' of the property lines. He stated that there is not a lot of uniformity in
18 location and size and their proposed garage would not be the only large garage and did not feel it
19 would detract from the character of the neighborhood. He requested clarity on which criteria
20 they are violating in the City Code.
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22 Councilmember Stille stated that many of the garages were built pre -Code and there will be
23 discrepancies. He expressed concern about the size of this lot and the neighboring lots compared
24 to the size of the garage. He indicated it was his understanding that in order to build in the
25 setback, the property owner needs to obtain a special permit and the City Council needs to
26 consider the impact to neighboring properties.
27
28 Motion by Councilmember Gray to table action on Resolution 11 -060; Approval of the Request
29 for a Garage Setback Permit and Variance to the 528 SF Maximum Allowed for a Garage
30 Setback Permit for 2610 -301" Avenue NE.
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32 Mr. Bergum noted that the existing garage is 60 years old and is located 2.5' from the back fence
33 and the area is overgrown with buckthorn. He stated that by moving the garage 5' out they will
34 be able to landscape and maintain this area. He did not feel that the new structure would be
35 imposing and stated that the garage will have a window, will match the architecture of the house,
36 and will be a drastic improvement.
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38 Ms. Traci Bergum, 2610 30'" Avenue NE, appeared before the City Council and stated that they
39 have been in their house since 1993 and have done extensive remodeling of the house. She
40 indicated that the garage is falling apart and they want to begin construction before the weather
41 turns cold, particularly since the concrete cannot be poured when it is cold. She added that they
42 are committed to St. Anthony and are trying to do everything right to the best of their ability.
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44 Mr. Bergum stated it appears the Code is being interpreted in different ways and there is a lot of
45 confusion around the setback requirements. He added that he thought it was a fairly clear -cut
City Council Regular Meeting Minutes
September 27, 2011
Page 6
matter of reducing lot coverage to below 35% and they thought they had done that with the
pervious pavers.
Mayor Faust suggested a friendly amendment to the motion to extend the 60 day rule by 60 days
so that the issues can be sorted out before making a final decision.
Councilmember Gray agreed to the friendly amendment to the motion.
9 The motion failed for lack of a second.
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11 Motion by Councilmember Roth, seconded by Councilmember Gray, to approve Resolution 1I-
12 060; Approval of the Request for a Garage Setback Permit and Variance to the 528 SF Maximum
13 Allowed for a Garage Setback Permit for 2610 -301h Avenue NE.
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15 Councilmember Jenson stated that he could support this, but the City Council and staff need to
16 add clarity to the Code regarding impervious surfaces. He felt the intent of the 35% lot coverage
17 requirement is not to have an entire yard that is paver bricks versus grass.
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19 Councilmember Stille stated he felt that the best option might be to take a step back and be
20 certain about what is being approved. He indicated the imperious /pervious issue needs to be
21 addressed and he felt it was only fair to the community to table the matter. He noted that the
22 proposed garage is a 45% increase in size from what the Code allows and the City Council may
23 be bending the rules to the detriment of the surrounding property owners.
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25 Motion failed 1 -4 (Faust, Gray, Jenson, and Stille opposed).
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27 Mayor Faust stated that the City Council voted against approval which creates a denial of the
28 variance request.
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30 VI. GENERAL BUSINESS OF COUNCIL.
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32 None.
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34 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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36 Interim City Manager Hartman reported on the following:
37 • Finance Director Roger Larson will be retiring January 1, 2012 and the position has been
38 posted in a number of publications including the League of Minnesota Cities as well as
39 on the City's website; the posting will run through October 201h.
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41 Councilmember Stille requested an update on the recent patch job on Silver Lake Road.
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43 Interim City Manager Hartman advised that the road was reconstructed in 2008 -2009 and
44 recently developed a sag or swale in the road which has gotten worse over the summer. He
45 stated the County was contacted and the contractor felt it was a compaction issue or deficiency in
46 materials. He stated that last week, the area was milled out, borings were taken, the compaction
City Council Regular Meeting Minutes
September 27, 2011
Page 7
was checked, and the section was re- asphalted. He noted that this was an acceptable repair
according to the County even though aesthetically it does not look the best. He added that he
asked the County to increase the repair from the curb line instead of straddling the north- and
southbound lanes.
6 Councilmember Roth stated that 27th Avenue between Roosevelt and Coolidge appears to have
7 developed some speed dips and requested that Interim City Manager Hartman check on fixing
8 the road.
9
10 Councilmember Stille reported on his attendance at the following:
I 1 • September 26th Sister City Lunch held at the high school to welcome 45 people from
12 Hungary, Russia, Finland, and Germany.
13 • September 26th opening ceremonies as part of the International Youth Summit. He
14 commended Mr. Wayne Terry for spearheading this program.
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16 Councilmember Gray — No report.
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18 Councilmember Jensen reported on his attendance at the following:
19 • September 6th City Council work session.
20
21 Councilmember Roth reported on his attendance at the following:
22 • September 26th opening ceremonies as part of the International Youth Summit.
23 • September 23`d City Council work session regarding filling the City Manager vacancy.
24
25 Mayor Faust reported on the following:
26 • September 24th Falldin American Legion 65th Anniversary.
27 • September 26th opening ceremonies as part of the International Youth Summit.
28 • September 27th Chamber of Commerce lunch at Wilshire where the foreign exchange
29 students gave a presentation about their schools and cities in English. He extended
30 congratulations to Wayne Terry Adopt GASB 54 Standards - Consent Agendafor doing a
31 great job with the students.
32 . September 27'h introductory remarks to the turf maintenance class.
33
34 VIII. COMMUNITY FORUM.
9M
36 Mayor Faust invited residents to come forward at this time and address the Council on items that
37 are not on the regular agenda.
38
39 A resident asked if there was an update available about the Mirror Lake Manor flooding.
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41 Mayor Faust advised that the City has not yet received the report and when it becomes available,
42 it will be shared with residents. He stated that the City Council attended the benefit held last
43 Sunday for Mirror Lake residents and the City Council continues to have empathy for those
44 residents impacted by the flooding and the City remains committed to solving the flooding
45 issues. He added that it takes time to analyze the problem and seek a resolution.
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City Council Regular Meeting Minutes
September 27, 2011
Page 8
IX. INFORMATION AND ANNOUNCEMENTS.
Mayor Faust announced that Village Notes was mailed today.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:24 p.m.
Respectfully submitted,
Barbara Hughes
TimeSaver Off Site Secretarial, Inc.
Mayor
ATTEST:
City Clerk