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HomeMy WebLinkAbout2002/07/01 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA July 1,2002 1. Call to Order Mayor Pro Tem Latz called the meeting to order at 7.32 p m. The following Councilmembers were present at roll call: Jim Bnmeyer, Susan Sanger, Sue Santa, Sally Velick, and Mayor Pro Tern Latz. Mayor Jeff Jacobs and Councilmember Chns Nelson were absent. Also present were the City Manager(Mr. Meyer); City Attorney (Ms. Poehler); Community Development Director(Mr. Harmening); Planning and Zoning Supervisor(Ms. Jeremiah); Director of Inspections (Mr. Hoffman); and Recording Secretary (Ms. Samson). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of June 17, 2002 Mayor Pro Tern Latz noted the title for Item 7c was inserted into the minutes for June 17, 2002, and copies of the corrected minutes were distnbuted to Councilmembers. On behalf of Councilmember Nelson, City Manager Charlie Meyer reported that for Item 7c, Paragraph 14, Line 4 the following change should be made: change southbound Zarthan to read northbound Zarthan. "The crosswalk warnings should be on eastbound Wayzata Blvd. and northbound Zarthan Avenue." The minutes stated the direction for Zarthan Avenue as southbound Zarthan Avenue In regard to Item 2a, Councilmember Sanger pointed out that Human Rights Commissioner Shep Harris was also in attendance for the Abigail Burkhart presentation. 3b. Study Session Minutes of June 10,2002 The minutes were approved as presented 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropnate section of the regular agenda for discussion. Council Meeting Minutes -2- July 1, 2002 4a. Approval of Agenda It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve the agenda. The motion passed 5-0. 4b. Approval of Consent Items It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve the following Consent Agenda items. The motion passed 5-0. 1. Approve authorization of the execution of the MI-IFA Community Revitalization Fund Program Fund Availability, Disbursement and Loan/Grant Agreement between the City of St. Louis Park and the Minnesota Housing Finance Agency for assistance in funding the pilot home improvement program and the Contract for the Administration of the program with the Center for Energy and Environment. 2. Adopt Ordinance No. 2227-02 regulating Sale and Application of Phosphorous Fertilizer, approve the summary and authorize summary publication. 3. Designate American Liberty as the lowest responsible bidder and to authonze execution of a contract for the construction of the building in Louisiana Oaks Park at a cost not to exceed $376,586. 4. Designate Central States Fire Apparatus, LLC as the lowest responsible bidder for one (1) Pumper(1250 gpm) Fire Apparatus for Rescue/Fire Suppression and to authonze execution of a purchase agreement with Central States Fire Apparatus, LLC in the amount of$224,244.00. 5. Adopt Resolution No. 02-065 accepting this report, establishing Project No.'s 00- 19 and 02-11, ordering Project No.'s 00-19 and 02-11, approving plans and specifications, and authorizing receipt of bids for entrance/identity signs at Trunk Highway 169 and Cedar Lake Road and on the south side of Excelsior Boulevard, east of Meadowbrook Road 6. Adopt Resolution No. 02-066 regarding TS: 563 authorizing the installation of a stop sign on south-bound Zarthan Avenue at W. 27th Street. 7. Accept the following reports for filing. a. Human Rights Commission Minutes of April 17, 2002 b. Telecommunications Advisory Commission Minutes of December 6, 2001 c. Telecommunications Advisory Commission Minutes of February 21, 2002 d. Planning Commission Minutes of June 5, 2002 e. Vendor Claims Council Meeting Minutes -3- July 1, 2002 5. Public Hearings--None 6. Requests,Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Request of Holle Construction on Behalf of Santorini's Restaurant for a Major Amendment to a Continued Special Permit for Seasonal,Evening and Weekend Rooftop Use at 9920 & 9908 Wayzata Blvd. Case No. 02-05-CUP Jeff Holle,1855 Melrose Avenue South, of Holle Construction and on behalf of Santorini's Restaurant, withdrew the application for the Special Use Permit. Mayor Pro Tem Latz said the withdrawal does not relieve Santorini's Restaurant or the building owner from the obligation to comply with all of the terms and conditions of the Special Permit; the withdrawal means Council will not address any changes or amendments to it. 7b. First reading of zoning ordinance text amendments to allow garage sales in residential districts Planning and Zoning Supervisor Janet Jeremiah said standards for garage sales had been identified in the licensing section of the City's ordinance, and currently they are stated in the Community Handbook With re-codification, garage sale language was deleted from the licensing section and, at that time, it was not adopted into the zoning ordinance. Ms. Jeremiah said, according to the zoning ordinance, if a use is not called out as being permitted, then it is not permitted. Staff has made some clarifications and has addressed some issues that were raised at the June 5, 2002, Planning Commission meeting and public heanng The Planning Commission wants real estate and garage sale signs to be treated equitably from an enforcement perspective, and to ensure residentially zoned uses such as religious institutions, schools, and community centers are treated equitably. Ms. Jeremiah said the proposed amendments would codify the existing policies for allowing garage sales of household goods and crafts from all residentially zoned and residentially used properties, and would clarify standards for signs and their permitted locations. Ms. Jeremiah stated the proposal is to adopt garages sales in residential areas into the zoning ordinance. Staff and the Planning Commission recommend approval. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve first reading of ordinance to amend Chapter 36 of the Municipal Code to add "Garage Sales" as a temporary use with a definition and standards and set second reading for July 15, 2002. The motion passed 5-0. Council Meeting Minutes -4- July 1, 2002 7c. First Reading of zoning ordinance text amendments regarding detached garages and other accessory structures/uses. Case No. 02-24-ZA Ms. Jeremiah said this item was heard at the Planning Commission on June 5 and June 19, 2002. She said Council initiated the review of the size, placement, and use of detached garages and other accessory structures, and Council directed Staff to prepare some ordinance revisions for a public hearing and Planning Commission recommendation. Ms. Jeremiah continued: The intent of the ordinance is how to measure height, to simplify measurement, and to look at height and setback requirements, particularly, for larger detached garages in order to determine how to minimize impacts, to balance the need for storage space, and for move-up housing needs. Staff is recommending some additional ordinance revisions, which went through the Planning Commission and public hearing process. Ms. Jeremiah reported that Staff has modified the definition of accessory building height and how it would be interpreted in certain unusual instances, and to ensure consistency of Staff's intentions. The definition now references the building code's first story language rather than the slab or first floor. Ms. Jeremiah summarized the proposed ordinance revisions: to simplify the accessory building height measurement; to add more stringent requirements to control the impacts of two-story and tall detached garages and other accessory structures over 15 feet to the peak; to control the impacts of accessory buildings with flat roofs; to improve consistency between the building code and zoning code; to codify policies that would prohibit plumbing for kitchens and bathrooms in detached garages and other accessory buildings; to codify policies that allow dnveways, sidewalks, and retaining walls as encroachments in setback areas; to clarify language regarding window wells; to clarify setbacks for swimming pools and tennis courts, and to clarify that rooms for boarders and roomers, as well as living quarters for household and domestic staff, are not allowed in accessory buildings and cannot constitute a separate dwelling unit within the principal building. Ms. Jeremiah said Staff is recommending an amendment regarding easements to clanfy that encroachments are not allowed in easements—unless encroachment agreements have been approved. Staff has added language to alley setbacks that would allow Staff to look at each case individually by stating that garages on alleys must be located and designed to provide adequate visibility and vehicle turning movements. In regard to principal building height, Staff has not typically counted rooftop equipment, and Staff and the Planning Commission are comfortable recommending that that language be deleted from the principal building definition. In regard to accessory building height, there has been some modification to the actual language to ensure consistency in the building code. Ms. Jeremiah said for accessory buildings, the intent has always been to measure from the slab height, at the main entry door, to the tallest point of the structure, generally, the peak, but anything added to the top was counted as well. In some cases, grade differences will affect the measurement, i.e., per the building code, if less than six feet are exposed for less than 50% of the perimeter of the structure, then it will not be counted in the base height. If more than six feet of a foundation are exposed for 50% or more of the perimeter of the structure, then the first story would be counted as the low point. Mr. Jeremiah said Staff is recommending a change to require larger garages, greater than 15 feet to the peak, to maintain the same setback requirements as a home. Council Meeting Minutes -5- July 1, 2002 City Attorney Adrea Poehler said the Court of Appeals recently made a decision that would require the City to enforce its existing ordinance, and the City will continue to enforce that decision. Mayor Pro Tern Latz restated that if larger garages are on an alley, the setback is less as opposed to complying with the principal structure setback or the rear yard setback, and Ms. Jeremiah responded that is correct, the setback to the alley would be two feet provided there is adequate visibility and vehicle turning movement. Mayor Pro Tern Latz requested each person limit their address to 10 minutes in accordance with Council bylaws, and wntten presentations may be submitted for the record and for Council to review prior to the second reading. John Miller, 3550 France Avenue South, addressed the Council. Mr. Miller asserted the problems are with the interpretation by Staff and the Inspections Department. Mayor Pro Tern Latz asked Mr. Miller if he is present on behalf of any particular individuals. Mr. Miller said he has an interest for the Mohler's as their attorney, and he is present to represent the Mohlers. Mr. Miller distributed three photos to the Council. He said he will submit some of his propositions to the Council before the second reading. Bill Thibault, 8100 Wayzata Blvd., is present because Mr. Miller asked him to review draft materials that were presented to the Planning Commission regarding the subject matter, and Mr.,Miller asked him to make some comments tonight. Mr Thibault has four points he would like to make. Mr. Thibault has the impression that there is something wrong with the current ordinance in terms of its clarity and in terms of garages being too large or not well situated. Mr. Thibault said the three salient features of the ordinance are: It allows garages to be increased in height; it allows the square footage of the garage to be increased substantially, in fact, almost to no limit; and it states one may add sewer and water to the garage. According to Mr. Thibault, with the proposed text amendments (and he referenced the illustration on the back page of the ordinance) one could have a 2 1/3 level, with a roof, accessory building or detached garage and still be in compliance with the ordinance. Mr. Thibault interprets the proposed ordinance to allow a garage in excess of 800 square feet and, with the exception of the placement of a toilet, a garage could fit the definition of a dwelling space. John Mohler, 4313 Brook Avenue South, addressed the Council. Mr. Mohler said: "Throughout this thing that we've been through here, I feel that we haven't been treated nght but maybe one day we will get an apology from the City for having put us through this. Bill [Thibault] and John [Miller] were on board when the thing first started and they were right." Mr. Mohler thinks the wrong message is being sent to St. Louis Park citizens regarding water, sewage, and being able to go to the center of yards to put up bigger garages. Mayor Pro Tern Latz asked if Staff would like to respond to the remarks made by the speakers. ,.. :6 r § 'RIC t Council Meeting Minutes -6- July 1, 2002 Ms. Jeremiah responded that this is a policy issue and, to a large degree, it is a policy change that is recommended by the Planning Commission. She said in regard to Mr. Thibault's points, the increase in height was from a midpoint measurement to a peak measurement. In regard to smaller garages being closer to property lines, the ordinance is more stnngent with the peak measurement; previously, one could have had a taller garage closer to the property line. The biggest shift, going 15 feet to the peak or 22 feet to the peak for larger garages, is that the larger garages would have to meet the principal structure setback, and that is a large change from the current ordinance, e.g., one could have a large garage, well in excess of 15 feet to the peak, as close as five feet to a neighbor's property line. Staff thinks this has been corrected in the ordinance. In regard to increase in square footage, the 800 square foot maximum ground floor area for all accessory structures is included in this ordinance. The reason for referencing ground floor area is that for garages and accessory structures that would meet the principal structure setbacks, it might be possible in those cases to get a second story in. In regard to Mr. Mohler and preserving open space and, perhaps to provide an incentive to add on to homes, Staff thinks the proposed ordinance is a vast improvement over the last ordinance. Additionally, the proposed ordinance is more stringent in regard to the prohibition of plumbing. Ms. Jeremiah said an objective consultant has been involved in the process, proposals, and review of language. Ms. Jeremiah said the building code would rule out any three-story garage or accessory building in any regard. Ms. Jeremiah added: anything over 15 feet to the peak would have to mete the setbacks of 7-9 feet from the side yard and 25 feet to the rear yard. It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve first reading of the zoning ordinance text amendments regarding detached garages and other accessory structures/uses and set second reading for July 15, 2002. Mr. Meyer said Council must bear in mind that zoning ordinances must be clear and understandable for all, and if there are too many "what ifs" the clarity of the ordinance will be diminished. Mayor Pro Tem Latz said an ordinance was passed limiting storage for recreational vehicles and other vehicles, and accessory structures and garages should have the possibility to enclose those types of vehicles on lots that are large enough to accommodate that, and this does serve that purpose. Councilmember Santa supports the sewer hook-up wholeheartedly because it will help prevent oil and other contaminants from getting into the waterways when people are cleaning the messes and spills in their garages. The motion passed 5-0. 8. Boards and Commissions--None 9. Communications From the City Manager—Mr. Meyer said Ashley Tomoson sent a note to the Council thanking the Council for their recognition. Council Meeting Minutes -7- July 1, 2002 Mr. Meyer said the Study Session for Monday, July 8, 2002, has been cancelled. From Mayor Pro Tem--Mayor Pro Tern Latz said fireworks will take place at Aquila Park on July 4th . 10. Adjournment Mayor Pro Tern Latz adjourned the meeting at 8:49 p.m. . . � p Cit Clerk Ma;or