HomeMy WebLinkAboutCC MINUTES 10222013I
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CITY OF ST. ANTHONY
CITY COUNCIL REGULAR MEETING MINUTES
OCTOBER 22 , 2013
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.
ROLLCALL.
Present: Mayor Faust; Council members Jenson, Roth and Stille .
Councilmember Gray . Absent:
Also Present: City Manager Mark Casey and Fire Marshal Chris Fuller.
Hennepin County Commissioner Linda Higgins. Guest:
CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
ITEMS.
I. APPROVAL OF OCTOBER 22, 2013, CITY COUNCIL MEETING AGENDA.
Motion by Councilmember Stille, seconded by Councilmember Roth , to approve the City
Council Meeting Agenda of October 22,2013.
Motion carried 4-0.
II. PROCLAMATIONS AND RECOGNITIONS -NONE.
III. CONSENT AGENDA.
A. Consider October 8, 2013, Council meeting minutes;
B. Consider licenses and permits;
C. Consider payment of claims; and
D. Consider Resolution 13-068; a Resolution Approving a Joint Powers Agreement with
Ramsey County for a New Voting System Acquisition and Operation.
Motion by Councilmember Roth, seconded by Councilmember Jenson, to approve the Consent
Agenda items.
Councilmember Jenson requested information about the new voting equipment for the Ramsey
County portion of the City.
City Manager Casey explained that the Ramsey County voting equipment being replaced is
approximately thirteen years old and the new equipment will be comparable to the Hennepin
County voting equipment that was replaced last year.
Motion carried 4-0.
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City Council Regular Meeting Minutes
October 22, 2013
Page 2
IV.
V.
VI.
PUBLIC HEARING -NONE.
REPORTS FROM COMMISSION AND STAFF -NONE.
GENERAL BUSINESS OF COUNCIL.
A. Presentation by Hennepin County Commissioner Linda Higgins.
Mayor Faust introduced Hennepin County Commissioner Linda Higgins.
Commissioner Higgins reported that the Hennepin County Board has begun its 2014 budget
hearings that will continue until December when the final budget is passed. She advised that the
Board has been working on finding a site for household hazardous waste collection and the
County has been looking for a collection site in northeast Minneapolis for several years, however
the proposed site was met with resistance and the County is looking for a different site. She
stated the County purchased new voting equipment with many localities in the midst of elections
including Minneapolis that has 35 people running for mayor. She advised that a Hennepin
County Works project has recently started on Lowry Avenue east from the river to the city limits
of St. Anthony and Minneapolis and the project will look at intersections rather than wholesale
changes along the avenue. She reported that the County is embarking on a new round of sports
grants and requested that the City send her a copy of its application if it submitted a grant
application for this round. She thanked the City Council for inviting her to visit.
Councilmember Roth asked about the traffic barrier on Lowry Avenue east of Central Avenue.
Commissioner Higgins agreed to look into this and report back to the City.
Councilmember Stille thanked Commissioner Higgins for her presentation and stated the City
appreciates its relationship with Hennepin County. He expressed thanks on behalf of the
community and the school district for the sports grants as well as the County's work with St.
Anthony on the Silver Lake Road project and the library project. He indicated he has received
some calls from residents indicating they would like to see more grants for the arts and theater
and asked if the County has any grant money available for the arts.
Commissioner Higgins stated when the arts and cultural legacy sales tax was enacted, part of that
money goes to the arts and the grants are administered through the State Arts Board that delivers
grants to communities throughout the State. She added the State Historical Society also offers
grants for arts work that has a historical bent.
Mayor Faust stated the library is an important part of the community and commended Hennepin
County for taking over the Minneapolis library system. He expressed appreciation to the
counties for working together on hazardous recycling to make it easier for residents in the seven
county metro area to dispose of hazardous materials. He commended the County Board for
working with the City and asked that Commissioner Higgins extend the City's thanks to the
Board.
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City Council Regular Meeting Minutes
October 22, 2013
Page 3
B. Appeal of City Ordinance 97.11; Decks. Mark Casey, City Manager, presenting.
C ity Manager Casey presented the appeal of the Fire Marshal 's decision and recited § 97.II(A)
of the City Code that states an open flame is prohibited in any structure containing three or more
dwelling units and that no person shall kindle, maintain , or cause any fire or open flame on any
balcony above ground level or on any ground floor patio within 15 ' of the structure. He advised
that Mr. Brown questioned the City Code and the Fire Marshal replied on September 19 ,2013, in
an email that stated "our interpretation of our existing ordinance remains the same. If a structure
has 3 or more dwelling units grilling is not allowed on any balconies or decks. Grilling on a
patio is acceptable if you can get 15 feet away from the structure." He advised that City staff
agrees with the Fire Marshal 's interpre tation, adding the ordinance applies to any structure
containing three or more dwelling units , whether a structure is one story or multi-storied makes
no difference for purposes of enforcement, and fires and open flames are prohibited on any
balcony above ground level and any ground floor patio within 15' of the structure; at the ground
level, whether it occurs on what is labeled a patio or deck or otherwise, an open flame within 15 '
of the structure is expressly prohibited.
Mayor Faust stated that the City Manager is the City Zoning Administrator so he normally
handles these issues but if there is a conflict, someone can appeal to the City Council; in this
case, the City Council will have an opportunity to ask any questions of Mr. Casey, then Mr.
Brown will have an opportunity to speak and answer any questions of the City Council, and then
the City Council will discuss the appeal and adjudicate the issue.
Cou ncilmember Roth asked if a side-by-side unit, e.g., a duplex , could have a patio or deck and
be allowed to have a gas grill.
City Manager Casey stated the interpretation of the ordinance refers to balconies or decks in
dwelling units of three or more .
Fire Marshall Fuller stated the Fire Code defines a structure as the outer walls and the dwelling
units have to be within that structure so they are combined .
Council member Roth noted that the ordinance as stated does not specify if a patio is a wooden or
cement structure or whether a patio is defined as some type of non-flammable structure and
requested further information about the definition of a patio.
City Manager Casey stated the City Code does not define materials comprising a patio.
Councilmember Roth asked if the City Code makes the assumption that a patio is at ground
level.
Ci ty Manager Casey replied in the affirmative.
Mr. Ken Brown, 3422 Silver Lane NE, appeared before the City Council and stated that he felt
that § 97.11 does not apply to their situation because most of the townhomes have a deck on
ground level and the Code states that it prohibits decks above ground level. He stated the
Minnesota State Fire Code issued a fact sheet in 2003 and an "Appendix H" that the City
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City Council Regular Meeting Minutes
October 22 , 2013
Page 4
adopted and this fact sheet also had an option available to local jurisdictions to encourage
apartment building owners to incorporate language into their leases that prohibits BBQ grills to
be used or stored on balconies and it was his understanding that this came about because of a
condominium fire in Minneapolis some time ago and that the emphasis has always been on
apartments and the fact sheet does not suggest what townhomes should put in their rules. He
indicated that in many of their townhomes, when you go in the front door you can proceed to go
out to a deck that realtors typically list as ground floor and not above ground level. He indicated
their concern is that they have a number of residents who grill in their garages and store their LP
tanks in the garage. He stated that the Code says if someone has a grill and the grill is hard wired
into the property 's natural gas line, it only needs 18 " clearance around the grill , yet you are
creating an open flame , but § 97.11 says you have to be 15' away from the structure so a person
cannot go out on their deck or patio and have a mosquito candle or light a cigarette unless they
are 15' away from building. He stated they have to go by what § 97.11 says and not what the
City would like to interpret the Code to say, which says above ground level, and that is what they
have in their development. He indicated the solution from Fire Marshall Fuller was to move 15'
away from the patio but most of their units do not have a patio , rather they have a deck on
ground level, and this is why it is clear that § 97.11 does not apply to them because they do not
have decks above ground.
Councilmember Stille asked if the City has vetted the smoking restriction on decks or patios and
asked if the City would in fact enforce this restriction.
City Manager Casey stated if the City enforced the literal interpretation of the Code as it relates
to open flames from smoking on any balcony above ground level, they would be in violation ,
however, it does not appear this would be practical and did not believe they would be cited. He
stated the goal of the City Code is to achieve fire prevention and protect the health, safety, and
welfare of the community.
Councilmember Stille agreed with staff's interpretation of the Code and stated it was the City
Council's responsibility to review and thoroughly consider this matter and to err on the side of
safety in these situations. He noted that a townhome owner owns the land under the structure
and condominium owners have a common interest filing that enables someone to live in a space
and the City Code does not differentiate between the two, adding that safety trumps enjoyment in
this situation.
Councilmember Roth thanked Fire Marshal Fuller for adhering to the City Code and indicated he
was struggling with this because if two families share a common wall, they can have a grill but if
a dwelling unit has three families , a grill is not allowed. He felt that safety is safety whether you
have two families sharing a common wall or three families sharing a common wall and
questioned whether grilling should be banned completely if that was the City's goal.
Mayor Faust stated the City Code says if someone is 15' away from the structure, they can have
a grill so the City is not taking away anyone's options. He indicated there are advantages and
disadvantages to living in combined housing and this is one of those situations where there has to
be give and take.
City Council Regular Meeting Minutes
October 22, 2013
Page 5
I Councilmember Jenson agreed with the way the City Code is written in § 97.11 and felt the City
2 was trying to ensure public safety.
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4 Motion by Councilmember Stille, seconded by Councilmember Jenson, to deny the appeal of
5 City Code § 97.11 (A).
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7 Motion carried 3-1 (Roth opposed; Gray absent).
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9 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
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II City Manager Casey reported on his attendance at the Fire Department open house on Saturday,
12 October 12th , and commended the Fire Department employees for doing an outstanding job of
13 demonstrating public safety and other services they provide to the community.
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Councilmember Jenson stated he was unable to attend the Fire Department open house but he
heard from several residents about how well the event was coordinated and how much they
appreciate the Fire Department's efforts in the community.
Councilmember Roth -no report.
Councilmember Stille reported on his attendance at the Fire Department event on October 12th.
Mayor Fallst reported on his attendance at the October 9 th Kiwanis meeting where he provided a
City update .
VIII. COMMUNITY FORUM.
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.
Mayor Faust encouraged residents to attend the Sustainability Festival on Thursday, November
14th, at Silver Lake Village from 5:30-8:00 p.m. He indicated that former Senator Ellen
Anderson, the Governor's senior advisor on energy and the environment, will be the guest
speaker and Phil Muessig from the MPCA GreenStep Cities program will also be in attendance.
X. ADJOURNMENT.
Mayor Faust adjourned the meeting at 8:00 p.m.
Respectfully submitted,
Barbara Hughes (TimeSaver OjJSite Secretarial, Inc.)
ATTEST: ~Ulu(
Ci Y Cler
/Mayor