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HomeMy WebLinkAbout2002/05/06 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA May 6, 2002 1. Call to Order Mayor Jacobs called the meeting to order at 7.30 p m. The following Councilmembers were present at roll call: Jim Bnmeyer, Chris Nelson, Ron Latz, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer), City Attorney (Mr. Scott); Director of Public Works (Mr. Rardin); City Assessor(Mr. Stepnick); Planning and Zoning Supervisor (Ms. Jeremiah); Planning Coordinator(Ms. Erickson); and Recording Secretary (Ms. Samson) 2. Presentations Mayor Jacobs presented a proclamation to Mike Rardin, Director of Public Works, in recognition of National Public Works Week. 3. Approval of Minutes 3a. City Council Meeting Minutes of April 15, 2002 The minutes were approved as presented. 3b. Council Executive Session Minutes of April 15, 2002 The minutes were approved as presented. 3c. Study Session Minutes of April 8, 2002 The minutes were approved as present 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 appropriate section of the regular agenda for discussion. 4a. Approval of Agenda It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve the agenda. The motion passed 7-0. Council Meeting Minutes -2- -May 6, 2002 4b. Approval of Consent Items It was moved by Councilmember Nelson, seconded by Councilmember Santa, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Approve plans and specifications for the building at the Oak Park Village site and authonze staff to solicit bids. 2. Amend and correct Resolution 02-002 granting approval of Final PUD and Plat for Pointe West Commons One and Two by adopting Resolution No. 02-045 approving Final PUD for Pointe West Commons One and Two with new legal description and a separate Resolution No. 02-046 approving amendment to Final Plat for Pointe West Commons One and Two. 3. Adopt Resolution No.02-047 authorizing the restriction of parking on the south and north sides of Excelsior Boulevard from Park Center Boulevard/Wooddale Avenue to Yosemite Avenue. Traffic Study No. 562 4. Motion to designate Minnesota Electric Supply Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $346,574.43 for supplying street lighting fixtures and poles for the Excelsior Boulevard Streetscape, Project No. 99-05. 5. Motion to designate C.S. McCrossan, Inc. the lowest responsible bidder for bituminous mixture No. 2340 Type 41B, and Midwest Asphalt Corporation the lowest responsible bidder for mixture No. 2340 Type 41A and bituminous cold patch matenal and authorize execution of contracts with the firms in the amount of $11,500.00 and$53,900.00, respectively. 6. Adopt the following reports for filing: a. Planning Commission Minutes of April 17, 2002 b. BOZA Minutes of April 2, 2002-05-01 c. Human Rights Commission Minutes of February 20, 2002 d. Housing Authority Minutes of March 13, 2002 e. Vendor Claims 5. Public Hearings 5a. Appeal of Dan Motzko of Board of Zoning Appeals' April 2 Decision to Grant a Variance to ABRA Auto Body for an Auto Body/Painting Facility Within Approximately 235 Feet of a Residentially-Zoned Property at 5925 State Hwy. 7. Case#02-18-VAR. Resolution No. 02-048 Jeff Korman, Assistant Zoning Administrator, reported that ABRA Auto Body ("AAB") applied for a variance request to permit an auto body painting facility within approximately 235 feet of a residentially zone parcel. According to Staff, only two of the required seven findings necessary to grant a variance could be met, and Staff recommended the Board of Council Meeting Minutes -3- May 6, 2002 Zoning Appeals ("BOZA") deny the Applicant's variance request. Staff recommends that the City Council deny the Applicant's request for a variance. Mayor Jacobs opened the public hearing. Rod Krass, Krass Monroe, 1650 West 82nd Street, Bloomington, represent AAB. Mr. Krass stated a major highway separates the site from the residentially zoned properties and it would act as a buffer Mr Krass asked Council to consider the alternative motion prepared by Staff, which is to direct Staff to prepare findings with a resolution of approval. Ron Fiscus, 215 North Adams, Mason City, Iowa, is a planner, and he stated it is difficult to find a permitted use site for AAB. Mr Fiscus displayed a site plan, and he addressed traffic volume, the potential reconfiguration of the frontage road, and building aesthetics. Councilmember Nelson discussed e-mails and a letter he received from the president of the Sorensen Neighborhood Association, who could not be in attendance, but stated he is opposed to the variance. Councilmember Nelson asked about paint fumes and what AAB does to minimize fumes. Mr. Fiscus said spray booths are within the building, and there are emission requirements regarding spray booths, i.e., stacks are designed to mitigate emission. Harvey McPhee, 3463 Zarthan Avenue South, addressed the Council, and he made it clear that he does not represent the Sorensen neighborhood. Mr. McPhee said his property would be adversely impacted if AAB were granted a variance. His objection is based on information, which was reviewed with the Minnesota Pollution Control Agency, regarding wind direction and windrose, lack of odor control equipment, wind calm, i.e., the lack of wind, and insufficient dispersion area. Meghan Phimister, 3451 Zarthan Avenue South, is concerned about fumes, odors, and increased traffic volume; Ms. Phimister stated AAB would be incompatible with the current mix of businesses Mayor Jacobs closed the public hearing Janet Jeremiah, Planning and Zoning Supervisor, said if Council indicated all findings could be met in order to issue the variance, Staff would like to look further at the traffic issue to the extent of requesting a traffic study from the Applicant. Councilmembers Nelson and Sanger are opposed to granting a variance to AAB. Councilmember Latz asked if case law exists that provides a highway exception to the 300- foot requirement, and Tom Scott, City Attorney, said no, not to his knowledge; for St. Louis Park, the requirement is strictly 300 feet, regardless of what that 300 feet might be. Councilmember Latz asked if highway noise might mitigate the circumstances, and Mr. Scott said the Council has a fair amount of discretion, however, the focus is on the property itself and applying the criteria to that use. Council Meeting Minutes -4- May 6, 2002 It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt Resolution No. 02-048 denying the variance request to allow an auto body/painting facility within approximately 235 feet of a residentially-zoned property based upon the findings included in the resolution. The motion passed 7-0. 5b. Appeal by Carol Engelkes and Betty Danielson of Board of Zoning Appeals Decisions of April 2 to Grant Variances to Niaz Real Estate Corporation for a Proposed Office and Apartment at 4050 Brookside Ave. Case#02-17-VAR Resolution No. 02-049 Mr. Korman presented a Staff report. He said the Applicant's proposal does not meet the condition requiring access to open space; the four proposed parking spaces meet zoning code requirements with the exception of the required turnaround to prevent backing into the public street (hereafter referred to as "backing out"). The proposal requires two variances: one to allow vehicles to back out onto Brookside Avenue, which would require two curbcuts; and relief from the requirement for access to open space. BOZA approved the variance for backing out. Staff recommended BOZA deny the vanance for access to open space, however, on a 3-1 vote, BOZA approved the vanance. Mr. Korman reported that since the BOZA meeting, new information has been received, i.e., Appellants recall a longtime owner of 4054 Brookside having spoken about the existence of a dnveway easement allowing access to a tuck-under garage at the rear of her home, which is currently owned by Gail Goebel. The garage no longer exists, and the current property owner typically parks on Brookside Avenue If an easement exists or if adverse possession has taken place, it may not allow construction of the Applicant's proposed building. Mayor Jacobs opened the public hearing. Ed Engelkes, 4058 Brookside Avenue, stated the vanance for parking should not be granted because tandem parking without an access drive would require backing out, which would be unsafe; a two-unit apartment would require six off-street parking spaces; the Applicant is incumbent to develop his lot in a manner suitable for the size of the parcel without reducing the value of adjoining properties; the seven cntena are broad; and a commercial designation is inappropnate due to the narrow and shallow dimensions of the parcel. Gail Goebel, 4054 Brookside Avenue, distnbuted a copy of her Abstract of Title showing access to eight feet for use of a dnveway at 4050 Brookside Avenue. Ms. Goebel stated she occasionally uses the dnveway to park her car. Councilmember Sanger asked, if the easement is valid, would the proposed new building infringe on the easement? Mr. Korman said the proposed building would have a three-foot setback from the south property line and it would encroach five feet into the easement and, he added, BOZA did not have knowledge of the easement at the time of the Applicant's request. Mr. Korman stated, even with a valid easement, a permitted use on the property would be viable that could meet the required setbacks but the proposal would have to change. if, Council Meeting Minutes -5- May 6, 2002 Councilmember Latz said, given the possibility of a valid easement, perhaps the appropriate action would be to continue this matter. Sandy Behnken, 4154 Xenwood Avenue, said there is major traffic congestion at the Excelsior Blvd. and Brookside Avenue intersection; inadequate parking; and there is no continuous sidewalk access to Jackely Park. Beatrice Benda, 4187 Brookside Avenue, submitted a drawing from Nancy Coleman, which depicted a dangerous curved corner of the intersection. Ms. Coleman's concerns regard traffic congestion and the lack of a turn around. Ms. Benda is concerned about the proposed elimination of open space, i.e., green space. She thinks a traffic study would be appropriate, and Ms. Coleman is requesting an accident analysis. Kim Hochstein, 4046 Brookside Avenue, is concerned that the new building is proposed to be two stones, buildings on that side of the street are one story; and current parking is inadequate. The Applicant, Mr. Niaz, said a title search in February 2001 revealed no easement. Mr. Niaz said the property will not be used for his Minneapolis West Taxi company. Mr. Niaz offered his abstract to the Council for review. He would like to use the office for real estate purposes. Councilmember Latz asked how many units are planned for the property, and Mr. Niaz responded it would be only one unit, approximately 1,100-1,200 square feet and the office would be about 600 square feet, with two outdoor and two indoor parking spaces. Ruby Erkeladean, 4063 Brookside Avenue, said cars were parked at the 4050 Brookside address all winter, and she mentioned the Applicant lists his taxi business as being located at 4050 Brookside. Deb Danielson, 3217 Sumter, appeared on behalf of her mother, Betty Danielson,4059 Brookside Avenue, and Ms Danielson asked the Council to consider the concern for traffic on Brookside. She thinks it would be inappropriate to allow vehicles to back out onto Brookside. Mayor Jacobs closed the public hearing. Councilmember Nelson said he agrees with Staff's findings and recommendations, the open space requirement is important and it would not work with residential on the second floor, it is an extremely small lot, perhaps a small commercial would work. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt a resolution denying the variance to eliminate need for access to open space based upon findings included in the resolution and approving the variance to allow vehicles to back into public street, subject to conditions included in the resolution. It is Councilmember Nelson's understanding that two vehicles are allowed to park on the property associated with commercial development. Council Meeting Minutes -6- May 6, 2002 Councilmember Sanger said she supports denying both variances. Mr. Scott suggested deferring the matter to the next meeting, and Mr. Korman said in regard to a timeline that would be doable. Councilmember Nelson said he will vote to deny the variance regarding the open space. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to amend the motion; and deny the variance on the open space requirement. Mr. Scott said no resolution was prepared to address just that issue, the current resolution jointly addresses both variances. Mr. Scott suggested the motion be amended for a resolution to be prepared denying the access to the public open space variance. Councilmember Nelson said he made the motion because he will vote that Council follow Staff recommendations and grant the variance on the parking, however, it may be better to get a sense from the Council regarding the backing out of vehicles. Councilmembers Brimeyer and Velick said they would vote to deny the whole thing. Councilmember Latz said he would favor granting the backing out variance. With the addition of a residential unit above the office building, Councilmember Latz thinks the Applicant is creating his own hardship, and he sees no grounds to grant that variance. Mayor Jacobs would vote to deny the open space vanance, and he is gravely concerned about the backing out, parking, and the impact of an easement. Mayor Jacobs favors exploring deferment. Councilmember Santa said it is valid to discuss open space and, for the Applicant, she thinks other than on-street parking, the Applicant has little choice. She would like to have the easement issue resolved before Council makes any decision, however, that puts the Applicant in a position of having to wait longer. Councilmember Santa added, the Council was asked to address open space and backing out, and people have a clear idea how they feel about open space and backing out. Councilmember Nelson said he does not want to nsk a vote on a variance if the Applicant must wait two years; he wants to split the motion and ask Staff to prepare findings accordingly Councilmember Latz is concerned about not having a specific commercial proposal in front of the Council when a decision is made to grant the variance, however, he does not want the issue to be tied up for two years by denying the vanance. Councilmember Latz supports the backing out vanance, and he is prepared to defer that vanance for two weeks or whatever is appropriate. He does, however, want a specific proposal specifying findings in regard to any denial the Council would enter, therefore, he is not comfortable splitting the motion Councilmember Latz would like to defer the question for two weeks, e.g , come up with specific findings of denial on the open space and wait to see what will happen in regard to the backing out variance. Council Meeting Minutes -7- May 6, 2002 Councilmember Nelson said specific findings are in the packet on Page 35. Councilmember Nelson continued: Finding 5, A-E, deal with the open space appeal, and Finding 6 deals with the backing out appeal, and Finding 7, 1-4, contains the standard verbage. Councilmember Latz said, make the resolution that and he will be satisfied. Mayor Jacobs said he understood Councilmember Nelson's motion to be just that Councilmember Nelson said it was but he did not go to that specificity—but he will have that as his motion. Mr. Scott said his recommendation would be to have the motion include directing Staff to prepare findings consistent with a denial of the variance relating to the access to open space, and the findings and the document would then be presented to the Council. Councilmember Latz said Finding 5, A-E, only cites the standards to be addressed and it does not go into any specific facts that are being found Ms Jeremiah said all facts in the Staff report become part of the resolution and the record. Councilmember Latz said that is satisfactory to him in terms of details. It was moved by Councilmember Nelson, seconded by Councilmember Santa, to adopt Resolution No. 02-049 denying the application of Niaz Real Estate Corporation for a variance to eliminate the requirement of access to open space on the property located at 4050 Brookside Avenue, based upon findings included in the resolution. The motion passed 6-1. (Councilmember Brameyer opposed). Mayor Jacobs suggested defernng action on the parking variance until June 17, 2002 It was moved by Councilmember Latz, seconded by Councilmember Brameyer, to defer voting on the parking variance to allow vehicles to back into the public street until June 17, 2002 or sooner, if the Applicant wishes to come in and have Council decide something sooner Councilmember Latz added, if the Applicant wishes to defer it longer than that, the Applicant will have to agree in writing to an extension so that it will not become effective without a decision from the Council The motion passed 7-0. 5c. Public Hearing: Alley Paving–4000 Block between Toledo Avenue and Utica Avenue. Resolution No. 02-050 City Engineer Maria Hagen stated Most Holy Trinity Church previously stated concerns regarding the proposed project, i.e., an assessment; a turnaround being used by the public and by city vehicles such as garbage trucks and snow plows; and storm water drainage as related to a future expansion of their church. Staff met with the church and resolved several of the issues. The City will pay for a temporary easement until such time the church goes forward with an expansion. Mayor Jacobs re-opened the public hearing. Council Meeting Minutes -8- May 6, 2002 Steve Anderson, 4065 Utica Avenue South, said 69% of the people want the alley to be paved. Mayor Jacobs closed the public hearing. It was moved by Councilmember Nelson, seconded by Councilmember Velack, to adopt Resolution No. 02-050 ordering the construction of a concrete alley in the 4000 block between Toledo Avenue and Utica Avenues, approving plans and specifications and authorizing receipt of bids. Councilmember Sanger said she does not support the assessment structure. The motion passed 7-0. 5d. Assessment Hearing for Alley Paving Project in the 4000 block between Toledo Avenue and Utica Avenue. Resolution No. 02-051 City Assessor Bruce Stepnick reported the cul-de-sac turnaround associated with the church is fairly unusual. Mayor Jacobs opened the public hearing. Mr. Anderson said for$865.00 he does not want the project to be held up. Ms. Behnken said the City is receiving value, i.e., snow is dumped on the church property rather than being hauled away, and the alley is of no benefit to the church. Mayor Jacobs closed the public hearing. It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt Resolution No. 02-051 ordering the assessment for alley paving improvement project in the 4000 block between Toledo Avenue and Utica Avenue. The motion passed 6-1. (Councilmember Sanger opposed). 6. Requests,Petitions,and Communications from the Public: None 7. Resolutions, Ordinances,Motions 7a. Request of Vernon Partnership LLC for Conditional Use Permit to place over 400 cubic yards of fill and fill in a floodplain and for a Preliminary Plat (Townhomes of Vernon Oaks) at 2601 Vernon Avenue S Case No. 02-19-CUP 02-06-S) Planning Coordinator Judie Enckson presented a Staff report. The single unresolved issue is tree replacement. Council Meeting Minutes -9- May 6, 2002 Dennis Ormseff, Pastor of Lutheran Church of the Reformation, stated his concern is the floodplain requirement, and it appears to him that a great deal of fill will be required. Pastor Ormseff would like to know how that will impact the church's property. He would also like information on tree replacement; the isolation of the woods from the larger wetlands to the northwest may constitute an environmental degradation of church land. Jay Hill, John Oliver& Associates, announced he is available for questions. Finlay Donesky, 2616 Vernon Avenue South, emphasized his neighborhood is very quiet, and he is concerned about truck traffic and hours of operation. Mr. Donesky would like to see the number of replacement trees increased. He also asked about the aesthetics of the townhomes. Mr. Donesky would like to know if the wetland study is available to the public and what its conclusions are He asked, If all neighbors were opposed to the project, would it make any difference? Ms Erickson said a copy of the wetland delineation, done by the developer's consultant, is available. Ms. Enckson said all resolutions are contingent upon the Minnehaha Creek Watershed Distnct's approval. The site work is anticipated to take two weeks. Ms. Enckson said the developer will have to return with a final plat design, which will contain final landscape plans and final erosion plans. Councilmember Sanger expressed concern regarding the duration of the project, and she is uncomfortable supporting this proposal at this time. Mr. Scott said he will explore if Council could condition the timeframe of the project Councilmember Sanger said she would like to make a motion to: Defer this for two weeks to ask Staff to work out language with the developer to the effect that, with permits from the Watershed District, the developer begin grading immediately, and all six permits for the units would be applied for and work begun within two months of the Watershed District permits. Councilmember Velick asked Councilmember Sanger if she meant for all six permits to be pulled at the same time Councilmember Sanger replied yes. Councilmember Velick seconded the motion. Councilmember Latz does not favor the motion Councilmember Nelson does not support the motion City Manager Charlie Meyer suggested to defer this item for two weeks and ask Staff to meet with the developer in order to develop conditions to address the issues raised by Council tonight. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to defer this item for two weeks and ask Staff to meet with the developer to develop conditions to address the issues raised by Council, and Councilmember Sanger added that no construction traffic is to be allowed on West 25 '/Street Council Meeting Minutes -10- May 6, 2002 Councilmembers Bnmeyer, Latz, and Nelson do not favor a timeframe to be placed on the developer. The motion passed 6-1. (Councilmember Bnmeyer opposed). 8. Boards and Committees: None 9. Communications From the City Manager—Mr. Meyer said St. Louis Park will host a contingent from the Taste of Minnesota, and he requested available Councilmembers to be present on Thursday, May 16`h, at about 2:00 p.m., at Excelsior& Grand. On July 7th, St. Louis Park will occupy a booth at the Taste of Minnesota. From the Mayor—Mayor Jacobs announced the Children First Ice Cream Social will be Saturday, May 11th, at Wolfe Park. Mayor Jacobs thanked the Youth Development Committee for their involvement in the Youth Summit of Apnl 29`h. 10. Adjournment Mayor Jacobs adjourned the meeting at 11:17 p.m. . ie.,,g__ __. i ty Clerk Ma,or