HomeMy WebLinkAboutCC MINUTES 051420191
2 CITY OF ST. ANTHONY
3 CITY COUNCIL REGULAR MEETING MINUTES
4 MAY 14, 2019
5
6 CALL TO ORDER.
7
8 Mayor Faust called the meeting to order at 7:00 p.m.
9
10 PLEDGE OF ALLEGIANCE.
11
12 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance.
13
14 ROLL CALL.
15
16 Present: Mayor Faust, Councilmembers Gray, Jenson, Randle and Stille.
17 Absent: None
18 Also Present: City Manager Mark Casey and City Engineer City Engineer Todd Hubmer.
19
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 I. APPROVAL OF MAY 14, 2019 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City
27 Council Meeting Agenda of May 14, 2019.
28
29 Motion carried 5-0.
30
31 II. PROCLAMATIONS AND RECOGNITIONS — NONE.
32
33 III. CONSENT AGENDA.
34
35 A. Approve April 23, 2019, Council meeting minutes;
36 B. Licenses and permits;
37 C. Claims;
38 D. Resolution 19-041; a Resolution Regarding Renewal of Municipal Insurance Coverage
39 and the Non -Waiver of Tort Liability for the League of Minnesota Cities Insurance Trust;
40 and,
41 E. Resolution 19-042; a Resolution to Approve a Request to Keep Six (6) Female Chickens
42 in an R-1 Zoning District at 3612 Coolidge Street.
43
44 Motion by Councilmember Randle, seconded by Councilmember Gray, to approve the Consent
45 Agenda items.
46
47 Motion carried 5-0.
48
49 IV. PUBLIC HEARING — NONE.
City Council Regular Meeting Minutes
May 14, 2019
Page 2
2 V. REPORTS FROM COMMISSION AND STAFF
3
4 A. Resolution 19-043; a Resolution Approving a Request for a 5.3 Foot Variance from the
5 Required Front Yard Set Back for a Front Stoop, Denying a Request for a 1.6% Variance
6 from the Impervious Surface Standard of 35%, and Denying a Request for a Variance to
7 the Required Side Yard Setback of 5 feet for Patio Areas, located in the R-1 District at
8 2609 Pahl Avenue
9
10 Planning Commission Vice Chair Westrick presented this request on behalf of the Planning
11 Commission. She noted the applicant's improvements to their property at 2609 Pahl Avenue
12 including a building addition to the front stoop that encroaches the front setback, and front and
13 rear sidewalks and patio that encroaches the side yard setback. The property also now exceeds
14 the impervious cover of 35%. Vice Chair Westrick presented the five criteria considered for
15 granting a variance.
16
17 Vice Chair Westrick displayed an aerial photo of the subject property, noting the location of the
18 improvements. She also presented initial and amended site plans. She explained the average
19 front yard setback is 39 feet and the applicant's front steps will encroach an additional 7 feet into
20 the front yard. The Zoning Ordinance allows a 5-foot encroachment for front stoops and steps so
21 the variance request is for 5.3 feet. For the side yard setback, the applicant added a walkway to
22 the rear yard with a new landing. Initially it was a 10-foot patio but with modifications, it has
23 been reduced to 7 feet by 8 feet. The ordinance requires a 5-foot setback so there is now 3.5 feet
24 to the property line.
25
26 Vice Chair Westrick stated with these additions, the site exceeds the 35% maximum coverage
27 allowed for impervious surface, or 3,250 square feet. The revised proposal is for 36.6%
28 coverage, or 3,400 square feet.
29
30 Vice Chair Westrick presented the approval recommendation for the front yard setback variance
31 for the entry stoop at 2609 Pahl Avenue subject to conditions as detailed in the staff report.
32
33 Vice Chair Westrick presented the denial recommendation for the side setback variance. Staff
34 recommends a requirement that the applicant make corrections to the submitted plans and
35 constructed improvements to ensure that either any paved area greater than 5 feet in width meets
36 the required 5-foot setback for patios or that any paved area is modified to be no more than 5 feet
37 in width so as to constitute a sidewalk rather than a patio.
38
39 Vice Chair Westrick presented the denial recommendation for the variance to increase
40 impervious surface coverage to allow up to 3,400 square feet of impervious surface, to require
41 removal of adequate paved surface to meet sidewalk widths of no more than 5 feet, or patio
42 setbacks of no less than 5 feet, and impervious surface coverage of no more than 35%.
43
44 Councilmember Jenson asked about the proposed landing and whether it is constructed of
45 cement or wood. Vice Chair Westrick answered it is cement or concrete.
46
City Council Regular Meeting Minutes
May 14, 2019
Page 3
1 Councilmember Jenson asked about the setback of the current cement area. Vice Chair
2 Westrick stated it is ten feet. Councilmember Jenson asked if the recommendation is to make the
3 current cement area smaller in size. Vice Chair Westrick answered in the affirmative.
4
5 Mr. Tom and Mrs. Lindsay Wernimont, 2609 Pahl Avenue, applicants, appeared before the
6 Council. Mrs. Wernimont explained this is a messy situation so they want to explain what was
7 covered with the Planning Commission. She stated they have worked extensively with staff to
8 amend errors from the contractor and the pictures referenced shows what is currently there. She
9 explained the contractors poured the concrete without a site plan so that will be torn up at the
10 contractor's expense. Mrs. Wernimont stated the proposed site plan on display was shared with
11 the Planning Commission to remove a section of the landing area, and for the sidewalk to be a
12 maximum of 5 feet in width so it is considered a sidewalk and not a patio, as recommended by
13 staff and the Planning Commission. Mrs. Wernimont thanked the City for reviewal of this
14 complicated project, as it is a bit of a moving target. She highlighted this request is asking for
15 two variances, the front yard setback and lot coverage. The side yard setback is no longer being
16 requested as it will meet the 5 foot distance.
17
18 Mrs. Wernimont stated they are requesting a front yard setback variance of 2 feet and a 1.6% lot
19 coverage variance to allow for a walkway from their front yard to the back yard, replacing what
20 they had before the remodel. She referenced a timeline of other variances given in St. Anthony
21 for lot coverage and size of their lot in comparison. She noted their lot barely exceeds that at
22 3%. She felt their lot could be compared with other lots on their block with 60 feet in width and
23 house widths maxed at 45 feet.
24
25 Mrs. Wernimont suggested their lot is unique as it is slightly longer with non -parallel lot lines
26 that pushes their lot over the 9,000 square foot threshold. Their lot is even more unique in that it
27 is longer and takes more sidewalk (impervious surface) to get from the gate to the back yard.
28 She commented on the effect of ordinances on their property value and in granting relief. Mrs.
29 Wernimont explained they can put a value on use of lot coverage based on the updated value of
30 their property taxes. They believed the 15-foot home addition is in keeping with the facade and
31 character of the neighborhood, noting a 15% increase to their lot coverage resulted in a $129,000
32 improvement value on their property taxes. She suggested that allowing 10% more in lot
33 coverage equates to about $86,000 in property value that they are not allowed to have.
34
35 Mrs. Wernimont stated the Planning Commission denied the request for additional lot coverage,
36 even though it was initially supported by City staff, because the Planning Commission did not
37 want to establish an adverse precedence. But she feels that by never allowing an adverse
38 precedence, the reverse intent is encouraged as it discourages neighborhood investment that
39 conflicts with the City's Comprehensive Plan.
40
41 Mrs. Wernimont stated it will be difficult if they lose the sidewalk because they have two
42 children with strollers to get to the back yard. She suggested if a precedence is set, it could be
43 good because it addresses the irrationality of the Code and in the future, new exceptions could
44 apply to only lots over 9,000 square feet with similar circumstances. She stated they understand
45 there are strong feelings from their neighbor to the east but none of their concerns are in direct
City Council Regular Meeting Minutes
May 14, 2019
Page 4
1 correlation to what the Council would be approving or denying tonight, allowing sidewalk access
2 from the front to the back of the lot.
3
4 Councilmember Stille asked whether the new proposal is to have a five-foot sidewalk attached to
5 further impervious concrete. Mrs. Wernimont stated the concrete sidewalk would circle around a
6 proposed deck and the current concrete patio will be removed. Councilmember Stille asked if
7 there will be no concrete wider than five feet. Mrs. Wernimont answered in the affirmative.
8
9 Mayor Faust asked if there will be any concrete within five feet of the property line. Mrs.
10 Wernimont stated the sidewalk will be within five feet of the property as sidewalks are not
11 counted for setback encroachments.
12
13 Councilmember Jenson referenced the diagram and asked how wide is the sidewalk at the 45-
14 degree angle. Mr. Wernimont estimated 3.5 feet. Councilmember Jenson asked why the
15 sidewalk expands to five feet in width. Mr. Wernimont explained it will have wrap around steps
16 to the landing. Councilmember Jenson asked if the landing could be relocated to the back yard
17 instead of the side. Mrs. Wernimont stated their intent is to make it accessible from all areas of
18 their yard and more open. Councilmember Jenson asked what it would take to meet the 35%
19 impervious threshold.
20
21 Mayor Faust asked the Council to react to what was presented at the public hearing and not
22 attempt to negotiate a new plan at this point. He clarified that this is not a negotiation and the
23 current situation was not created by the City. He believed the issue is trying to get 'ten pounds in
24 a five -pound bag' and the 9,000 square foot threshold and 35% impervious restriction are not up
25 for negotiation, noting the City has significantly invested to address stormwater issues. He felt
26 the sidewalk was being expanded to look like a patio, which gives him pause to consider the
27 front. He noted this property has other projects that did not have a proper permit, which results
28 in this property consuming staff time and costs. He again asked the Council to deal with the
29 three recommendations of the Planning Commission.
30
31 Councilmember Stille agreed to consider the Planning Commission's recommendations rather
32 than `acting on the fly.'
33
34 Councilmember Randle asked if the property owner was not aware of the project being out of
35 Code. Mrs. Wernimont stated they had no idea, that is why they hired a contractor, and there has
36 been no final inspection so they want this resolved.
37
38 Motion by Councilmember Jenson, seconded by Councilmember Gray, to adopt Resolution 19-
39 043; a Resolution Approving a Request for a 5.3 Foot Variance from the Required front Yard Set
40 Back for a Front Stoop, Denying a Request for a 1.6% Variance from the Impervious Surface
41 Standard of 35%, and Denying a Request for a Variance to the Required Side Yard Setback of 5
42 feet for Patio Areas, located in the R-1 District at 2609 Pahl Avenue.
43
44 Councilmember Stille stated this and previous Councils have history in not approving requests
45 too close to the property line due to neighborhood impact or lot coverage requests as the City has
46 spent $17 million from the State to fix water drainage issues, including in the Pahl Avenue area.
City Council Regular Meeting Minutes
May 14, 2019
Page 5
1 He stated the City has history in approving front yard variances for porches, as it improves the
2 neighborhood feel. Councilmember Stille stated for him, the deciding factor is that this project
3 can occur without the variances.
4
5 Mayor Faust stated the applicant has indicated that concrete will be removed within five feet of
6 the side yard setback. City Manager Casey stated the applicant will have to be in compliance or
7 it will be a Code violation issue.
8
9 Mrs. Wernimont confirmed the current concrete will be removed but the sidewalk can be within
10 the five-foot side yard setback.
11
12 City Manager Casey referenced the staff report noting it indicates a sidewalk is not counted
13 within the setback so there is not an encroachment concern.
14
15 Motion carried 5-0.
16
17 VI. GENERAL BUSINESS OF COUNCIL.
18
19 A. Resolution 19-044; a Resolution Authorizing the Preparation of an Environmental
20 Assessment Worksheet (EAW) for the Proposed Silver Lake Village Multifamily
21 Redevelopment
22
23 City Engineer Hubmer explained Doran Development approached the City with a request to
24 complete an Environmental Assessment Worksheet (EAW) on the Wal-Mart site for the
25 proposed 500-unit Silver Lake Village Multifamily Redevelopment project. He stated they have
26 provided an escrow to the City and requested the EAW be performed.
27
28 Councilmember Stille noted the last EAW was for more of a project than intended to be
29 approved. He asked if this request conforms with the Council and Planning Commission
30 presentations that were made. Mr. Hubmer stated that is correct and an EAW is performed based
31 on the applicant's intended use on the property, noting approval of the actual use will come after
32 the EAW is completed. This is not an approval of the City but to look at impacts on the
33 environment, City services, and if there are adequate permitting processes in place should issues
34 come up.
35
36 Councilmember Stille requested information on the escrow payment. City Manager Casey stated
37 for all developments, 100% of the cost is borne by the applicant including time for the Planner,
38 Engineer, and legal staff.
39
40 Motion by Councilmember Gray, seconded by Councilmember Jenson, to adopt Resolution 19-
41 044; a Resolution Authorizing the Preparation of an Environmental Assessment Worksheet
42 (EAW) for the Proposed Silver Lake Village Multifamily Redevelopment.
43
44 Motion carried 5-0.
45
City Council Regular Meeting Minutes
May 14, 2019
Page 6
1 Mr. Hubmer provided an update on the Silver Lake Road flood mitigation project and Ramsey
2 and Ramsey County repair work in that same location. Mayor Faust noted that additional work
3 may extend the road closure timeline. Mr. Hubmer stated staff will work with Ramsey County
4 and keep the City updated. He also reported on the Foss Road project and the County Road C
5 reconstruction project, and answered questions of the Council relating to location of the
6 pedestrian ramps.
7
8 B. Ordinance 2019-16; An Ordinance Amending Chapter 112 Alcoholic Beverages
9
10 City Manager Casey reviewed the ordinance with the Council that amends the alcoholic
11 beverages section of the ordinance. He noted National Grill, which provides food and beverage
12 service at the Gross Golf Course clubhouse, currently has a 3.2 on -sale malt liquor license.
13 National Grill is requesting an amendment to City Code to allow golf courses located in the
14 Recreation/Open Space District to be eligible for a wine licenses or a full on -sale intoxicating
15 liquor license. He explained that currently, City Code permits wine and on -sale intoxicating
16 liquor licenses only to restaurants located in the Commercial District. Gross Golf Course is the
17 only golf course located in the Recreation/Open Space District in the City. If approved, all other
18 license requirements for liquor licensing will remain the same as outlined in City Code. This is
19 the first of three readings.
20
21 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve first reading
22 of Ordinance 2019-06; An Ordinance Amending Chapter 112 Alcoholic Beverages.
23
24 Motion carried 5-0.
25
26 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
27
28 City Manager Casey reported that push notifications on projects via text or e-mail are a great
29 way for residents to stay in touch. He announced that Assistant to the City Manager Charlie
30 Yunker was recognized by the Minnesota City County Manager Association as Assistant of the
31 Year. Mayor Faust extended the Council's congratulations.
32
33 Councilmember Randle stated on April 30, he attended a joint meeting with the School Board
34 and a meeting on the Wal-Mart site. On May 8, he attended the Family Service Collaborative.
35
36 Councilmember Jenson stated he attended the April 30 School Board meeting as well as the
37 Worksession meeting. On April 24, he attended the Metro Cities annual meeting and was
38 nominated and elected to its 19-member board of directors. On May 8, he attended the organics
39 event.
40
41 Councilmember Stille stated on April 24, he also attended the Metro Cities meeting and
42 congratulated Councilmember Jenson on his election and representing the City on that Board,
43 which is a lobbying organization for cities specific to metropolitan area. Councilmember Stille
44 noted the guest speakers at the board meeting to talk about legislative update and stated he was
45 dismayed as he did not hear a lot of substance but more about partisan political issues. On April
46 30, he attended the joint school Board meeting and work session on the Wal-Mart site. He took
City Council Regular Meeting Minutes
May 14, 2019
Page 7
1 exception to a recent newspaper comment that all TIF increment goes back to the developer
2 which, he explained, is not the case. On May 2, he attended the Affordable Housing Summit and
3 reviewed the Statewide housing and affordable housing forecasts. On May 4, he participated in
4 Clean Up Day.
5
6 Councilmember Gray stated on April 26, he participated in the park clean up and on April 30, he
7 attended the joint meeting with the School Board. He also attended work session. On May 3, he
8 attended the North Suburban Communication Corporation and Access meeting and on May 4 he
9 helped with the Clean Up Day.
10
11 Mayor Faust stated on April 24, he attended the Annual Metro Cities meeting and agreed that
12 partisan politics have no place at the local level. He congratulated Councilmember Jenson on his
13 election to the Metro Cities Board. On April 26, he along with staff planted a tree south of the
14 Fire Station to show support of Arbor Day. He noted the City also plants additional trees during
15 street projects. On April 30, he attended the work session on redevelopment and the School
16 Board meeting. On May 4, he attended Clean Up Day. Mayor Faust reported on his attendance
17 at the May 13 Regional Council of Mayors and May 14 Mississippi River WMO meetings.
18
19 VIII. COMMUNITY FORUM.
20
21 Mayor Faust invited residents to come forward at this time and address the Council on items that
22 are not on the regular agenda.
23
24 Hearing none, Mayor Faust moved forward with the agenda.
25
26 IX. INFORMATION AND ANNOUNCEMENTS.
27
28 Mayor Faust announced Mr. Hubmer is leaving WSB, noting Mr. Hubmer has worked with the
29 City for 23 years, been responsible for many innovative projects, and wished him well on behalf
30 of the City Council and St. Anthony.
31
32 X. ADJOURNMENT.
33
34
35
36 Respectfully submitted,
37 Carla Wirth
39
38 TimeSaver Off Site Secretarial, Inc.
40 i / , , // Mayor
Mayor Faust adjourned the meeting at 7:58 p.m.
41 ATTEST:
42 City lerk