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HomeMy WebLinkAbout2003/10/20 - ADMIN - Minutes - City Council - Regular (2) ItCITY OF OFFICIAL MINUTES SATR. LOUIS CITY COUNCIL MEETING K ST. LOUIS PARK,MINNESOTA October 20, 2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councilmembers were present at roll call: John Basill,Jim Brimeyer, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Scott); Economic Development Coordinator(Mr. Hunt); Planning and Zoning Supervisor(Ms. Jeremiah); Director of Finance (Ms. McGann); Assistant Finance Director(Ms. Bursheim); Director of Public Works (Mr. Rardin); Public Works Operations Superintendent(Mr. Hanson); Public Works Coordinator(Mr. Merkey); Director of Inspections (Mr. Hoffinan); Planning Consultant (Mr. Ingraham); Associate Planner(Ms. Grove); City Clerk(Ms. Reichert); and Recording Secretary(Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of October 7, 2003 The minutes were approved with the following changes: From Councilmember Basill: Item 8c,page 4,paragraph 6, change skate park to recreation park. From Councilmember Basill: Item 8c, page 5,paragraph 6, immediately after Councilmember Basill, insert agreed and. 3b. City Council Study Session minutes of October 7, 2003 The minutes were approved as presented. 3c. Housing Summit Minutes of September 29,2003 The minutes were appioved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE. The Consent Calendar lists 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 City Council Minutes - 2 - October 20, 2003 4a Motion to approve Resolution No. final payment to Tekton Construction for the completion of work on entry signage and site improvements (City Manager Mr. Meyer recommended this item be deleted). 4b Motion to accept for filing the Planning Commission Minutes of September 17, 2003 4c Motion to accept for filing the Planning Commission Minutes of October 1, 2003 4d Motion to accept for filing the Human Rights Commission Minutes of August 20, 2003 4e Motion to accept for filing the Human Rights Commission Minutes of September 17, 2003 4f Motion to accept Vendor Claims for filing City Manager Charlie Meyer recommended Council amend the agenda to delete Item 4a from the Consent Calendar; its action is anticipated for the next Council meeting. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to approve the Agenda and items listed on the Consent Calendar as amended. The motion passed 7-0. 5. Boards and Commissions: None 6. Public Hearings 6a. Public Hearing to consider renewal of Premises Permit Application— Hopkins Raspberry Festival Association, Inc., operating at Al's Bar,3912 Excelsior Boulevard. Resolution No. 03-146 City Clerk Cindy Reichert said this is a renewal of an existing permit. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Santa, to approve Resolution No. 03-146 authorizing renewal of premises permit. The motion passed 7-0. 6b. Public Hearing and first reading of Ordinance to vacate alley north of Block 7 Oak Park Village originally platted in 1887 Rearrangement of St. Louis Park plat. CASE NO. 03-63-VAC Planning and Zoning Supervisor Janet Jeremiah presented a Staff report. The request has been initiated by the City to vacate an alley north of EDA property located on the northeast quadrant of Walker Street and Louisiana Avenue. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. City Council Minutes - 3 - October 20, 2003 Ms. Jeremiah said re-platting shall include the property to the north, the Park Tavern property, due to a minor lot line adjustment whereby the EDA-owned property shall lose its handle-shaped area, which is currently used for Park Tavern's overflow parking. It was moved by Councilmember Santa, seconded by Councilmember Omodt, to approve first reading of ordinance vacating alley north of Block 7 Oak Park Village originally platted in 1887 Rearrangement of St. Louis Park(Block 165)plat and set second reading for November 3, 2003. The motion passed 7-0. 6c. 2004 Budget And Property Owner Service Charge for Special Service District No. 1. Resolution No. 03-148 Public Works Coordinator Scott Merkley presented a brief report regarding the approval of the 2004 budget and property owner service charges for Special Service District No. 1. He said Special Service District No. 1 representative Elizabeth York is present. Mayor Jacobs opened the public hearing. With no one wishing to speak,Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to'approve Resolution No. 03-148 setting the 2004 Budget and Property Owner Service Charge for Special Service District No. 1 and directing staff to certify the annual service charge to Hennepin County. The motion passed 7-0. 6d. 2004 Budget And Property Owner Service Charge for Special Service District No. 2. Resolution No. 03-149 Mr. Merkley presented a brief report regarding the approval of the 2004 budget and property owner service charges for Special Service District No. 2. He said Special Service District No. 2 representative David Payne is present. Mayor Jacobs opened the public hearing. Mr. Payne said his Distnct No. 2 ended with a major reduction in cost factors,members received a rebate, and he complimented Mr. Merkley and John for their work. Mayor Jacobs closed the public hearing. It was moved by Councilmember Basill, seconded by Councilmember Velick, to approve Resolution No. 03-149 setting the 2004 Operating Budget and Property Owner Service Charge for Special Service District No. 2 and directing staff to certify the annual service charge to Hennepin County. The motion passed 7-0. City Council Minutes -4- October 20, 2003 6e. 2004 Budget And Property Owner Service Charge for Special Service District No. 3. Resolution No. 03-150 Mr. Merkley presented a brief report regarding the approval of the 2004 budget and property owner service charges for Special Service District No. 3. He said Special Service District No. 3 Advisory Board President Bob Cunningham is present. Mayor Jacobs opened the public hearing. With no one wishing to speak,Mayor Jacobs closed the public hearing. It was moved by Councilember Omodt, seconded by Councilmember Santa, to approve Resolution No. 03-150 setting the 2004 Operating Budget and Property Owner Service Charge for Special Service District No. 3 and directing staff to certify the annual service charge to Hennepin County. The motion passed 7-0. 6f. Public Hearing to Consider 2004 Fees Ms. Reichert presented a Staff report regarding proposed revisions to the fee schedule to reflect adjustments to fees charged for programs and services`approved by ordinance. Director of Finance Jean McGann said a fee study was done to determine if the City is recuperating 100%of the cost associated with each individual fee. Ms. Reichert said utility rates are still under study. Mayor Jacobs opened the public hearing. With no one wishing to speak, Mayor Jacobs closed the public hearing. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve 1st reading and set second reading for November 3, 2003. The motion passed 7-0. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to set public hearing for November 3, 2003 to consider Rates for Water, Sewer and Stormwater Utilities for 2004. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances,Motions 8a. Snow Removal Parking Revisions. Resolution No.'s 03-151, 03-152, 03-153 Public Works Operations Superintendent Mark Hanson presented a Staff report regarding the consideration to continue the practice of exempting some areas from the snow parking ban and to issue permits to allow on-street parking during snow parking bans. City Council Minutes - 5 - October 20, 2003 Councilmember Omodt asked if caregiver permits would be issued on a per vehicle or per address basis. Mr. Hanson said one caregiver permit would be issued per qualified household but that permit would be in force on a 24/7 basis. Councilmember Sanger said it would be a good idea to publish the list of exempt streets on the City's website. Mr. Hanson said that could be done. Councilmember Basill said some streets that are currently proposed to be exempt should probably not receive exemption status. Those streets are 37th Street and Wooddale and Oxford Street, in front of a condominium building. Councilmember Basill requested Staff to look at that. Mayor Jacobs commended Staff for their work. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to adopt Resolution No.'s 03-151, 03-152, 03-153 which rescind Resolutions 97-115 and 97-116, exempt various commercial and residential areas from the parking ban; and authorize parking permits and set fees for 2003 as directed by Council at the October 13 Study Session. The motion passed 7-0. 8b. 1st Reading of an Ordinance Amending Section 1-19 of the St. Louis Park Code of Ordinances relating to fees and the process whereby fees are established Ms. Reichert presented a brief report regarding proposed revisions to reflect statutory requirements to set fees by ordinance. Ms. Reichert said there will be two readings. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve 1st reading and set second reading for November 3, 2003. The motion passed 7-0. 8c. Revisions to the City's Adopted Sidewalk,Trail, and Bikeway Systems. Resolution No. 03-154 Director of Public Works Mike Rardin presented a Staff report regarding the revision of the City's officially adopted sidewalk, trail, and bikeway systems. Mr. Rardin distributed a Supplemental Packet to Council just prior to tonight's meeting. Mayor Jacobs invited audience members to speak. Lou Shoen, co-president of Cedarhurst Neighborhood Association, and Dan Steinberg, member of the Cedarhurst Neighborhood Association, addressed the Council. They would like a safe and legal connection to the trail. Mr. Steinberg submitted a copy of a resolution(No. 2003-148)whereby the Minneapolis Park and Recreation Board supports the citizen's group and the Cedar Lake Park Association in their efforts to accomplish City Council Minutes - 6 - October 20, 2003 finishing the Cedar Lake Regional Trail connection to the Mississippi River. Councilmember Sanger requested a copy of the resolution, and Mr. Steinberg said he would send a copy for the record. _ Judy Brandt, 4316 Cedar Lake Road, said access to the regional park is a good idea but the proposed ramp access location is undesirable, and she is concerned about parking and traffic congestion. JoAnn Gloder, 4300 Cedar Lake Road, said more traffic would be threatening. Ms. Gloder does not want the access because it would bring more traffic. Jake Werner, 2148 Glenhurst Road, has a resolution passed by the Minneapolis Park and Recreation Board in conjunction with the Cedar Lake Park people. Mr. Werner said he hopes St. Louis Park will sign on or endorse the resolution. He said the vegetation along the cow path should be removed, as it is buckhorn. Mr. Werner said there is no handicap access, and the access should be aesthetically pleasing. Mr. Werner commended Councilmember Sanger and City Staff for their persistence—a resolution isneeded. A resident said the cul de sac is so small now that cars parked in the cul de sac are hit by trucks trying to negotiate a turn around. He said the cost to expand the cul de sac should be included as a reasonable engineering solution—he opposes that—but if a trail is located there, additional traffic must be accommodated. Judy Kahm, 3901 Cedar Lake Road, asked about access points and their connection locations to the trail. Sue Scott, 4207 Cedar Lake Road, said if the trail access were to happen and be advertised throughout the county, then a convenient access on Cedar Lake Trail would become a parking lot for her and her neighbors. Mr. Rardin said permit parking could be imposed in the area of the Scott's home. Ms. Scott would like an official statement that the City not advertise or promote the access as a trial head. Mr. Meyer asked the Council to give that directive. Mr. Shoen said the JCC would not object to people who use the trail to park in the JCC parking lot, and if it became a problem, permits could be issued to members and those who would like to purchase a permit. Jim Wilson, 4201 Cedar Lake Road, said his street is a very busy dead end street. He said his street is narrow and congested, and it has inherent dangers. Mr. Wilson said a• trail access would escalate the issue. Michael Schoop, 2318 Parkwoods Road, would like trails that go somewhere, such as the Cedar Regional Trail, however, it is difficult to access. He favors more accesses. A resident, 2151 Glenhurst Road, said a trail access is welcomed and she favors the access. City Council Minutes - 7 - October 20, 2003 Keith Pressing, 2000 Aldrich,Minneapolis, is president of the Cedar Lake Park Association, and he said the Cedar Lake Trail needs a safe, all-season, legal, and ADA accessible access. He requested better access from the north side of the Cedar Lake Trail corridor soon. Carrie Elbers, 4118 Forest Lane, proposed doing one access at a time to see how it goes. Sharon Abelson, Cedar Lake Road, president of the Lake Forest Association, said France Avenue is in desperate need of some sidewalks; there is no safe way to access Cedar lake Trail; and she reported the neighborhood is distinctly divided in regard to the access. John Bergquist, 2518 France Avenue South, thanked Councilmember Sanger and Mr. Rardin for meeting with him. Mr. Bergquist said speeding problems on France Avenue have been increasing. He said neighbors do not want to lose landscaping. Mr. Bergquist would like to meet after the design review, and he would like to review the overall concept of France Avenue, e.g., should there be stop signs? He wants France Avenue to be treated as a residential street. Scott Graham, 2525 France Avenue, favors the sidewalk. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to adopt Resolution No. 03-154 which makes minor revisions to the official Sidewalk and Trail Systems and designates attached Exhibit A as the official Trail and Sidewalk Map of the City. Ms. Brandt said she supports reviewing the Ewing Avenue access, which is now being developed. Councilmember Sanger said she supports the access, and she favors Ms. Scott's suggestion not to advertise the access as a park head trail. Councilmember Basill said parking near accesses in and around residential areas will have to be monitored. The motion passed 7-0. At 9:10 p.m.,Mayor Jacobs called for a recess. At 9:17 p.m.,Mayor Jacobs resumed the meeting. 8d. First Reading on application of Bruce and Kathy Cornwall for proposed zoning ordinance amendments to define ornamental features and amend setbacks and standards for flagpoles, birdbaths and other ornamental features. Case No. 03-45-ZA Planning Consultant Greg Ingraham presented a Staff report. Mr. Ingraham said the minimum yard setback would be three feet and ornamental structures, such as trellises, are to be located within the three-foot yard area as long as they are no taller than the allowed fence height; a front yard fence is allowed to be 3 %2 feet high, and a side and City Council Minutes - 8 - October 20, 2003 rear yard fence is allowed to be six feet high. Mr. Ingraham said trees and shrubs are not regulated by this. Susan Bloyer, 2935 Pennsylvania Avenue South, said what we have here is a step in the right direction. Ms. Bloyer said her concerns are: Section 36-73, yard encroachments, in regard to the definition. Section 36-4, for ornamental structures, she asked: Are her angel statues to face her neighbor—it presents a wording problem. Section 36-83,the Cornwall's "goal post"can be three feet and one inch from their lot line, so the problem is not being eliminated, it is just being moved. Mr. Ingraham said Staff did not look specifically at the Cornwall's situation. In regard to number 5,Ms. Bloyer asked: Does 5 include a trellis? She is troubled by the wording"over purposeful pedestrian walkways,"it needs a better definition. Ms. Bloyer said there is no connection between the first and second sentence in a.5. Ms. Bloyer said, in general, she favors the change. Bruce and Kathy Cornwall, 4320 Brook Avenue, addressed the Council. Mrs.'Cornwall recognized the hard work that has been done. She said the ordinance does not go far enough, and she suggested the ordinance be eliminated. Mr. Cornwall said, semantically, the language is flawed. Mr. Cornwall presented photos on the overhead projector. Mr. Cornwall said he would like to offer a friendly amendment, and that the following modification to Section 36-73 a.5 be made: (5) One ornamental structure per lot line with a maximum ten foot height and ten foot width within the required three foot yard area. Mr. Cornwall listed the following comments to support the request to the modification: 1) It is a simple clarification of language that addresses the reality of existing installations throughout St. Louis Park; 2) it is enforceable with simple measurements; 3) it allows for a wide variety of installations without being prescriptive; 4) it reduces the issues of semantics; and 5)it provides for some visual logic to the issues of aesthetics and sight lines. There was discussion to delete the first sentence of 5. Jay Heinrich, 3021 Pennsylvania Avenue South, said City Staff should learn how to handle problems and they should be trained to stop problems from the start. Terry Klapinski, 2124 Parksland Road, said she is embarrassed to be a citizen of St. Louis Park. Shannon O'Kane said she has been harassed by her neighbor,the Cornwalls. She showed a photo of what she sees from her yard. Councilmember Omodt asked Staff about enforcement. Ms. Jeremiah said enforcement would be by complaint only; the complainant would need to be directly impacted by the structure; health and safety issues would be enforceable with or without a resident complainant. City Council Minutes - 9 - October 20, 2003 Councilmember Omodt said it is the position of the Council that any dispute, like this dispute,be recommended to mediation, and he would like to work this out through mediation. He said the City is not out to tag people for ornamental features, it is only when adjoining property owners cannot come to an agreement and will not seek mediation. Councilmember Omodt said public education is vital. Councilmember Basill is in agreement with Councilmember Omodt's comments. Councilmember Basill said neighbors should compromise, and the City should move forward with the ordinance. It was moved by Councilmember Brimeyer, seconded by Councilmember Sanger, to approve First Reading of an ordinance amendment that would further define ornamental features and provide some flexibility regarding their placement in yards subject to certain conditions and set Second Reading for November 3, 2003. Mrs. Cornwall asked questions about enforcement, and what is meant by adjoining property. Mr. Meyer said it needs to be made clear that through the City's Charter the City Manager is responsible for the enforcement of the City's ordinances, and various Staff, such as the Police Chief, Fire Chief, and Zoning Administration are charged by the City Manager with ordinance enforcement. The City Manager and some Staff have the discretion to determine priority, and greater priority will be given to an issue of blight, an issue of health, and an issue of imminent hazard than will be given to an issue of lesser impact on the community. Mr. Meyer said there is no given formula to use that discretion, and it requires balancing City Staff where the needs are most important. Mrs. Cornwall said she and her husband agreed to mediation but Ms. O'Kane declined. Ms. O'Kane said she would like to go to mediation if it where to be about how to have respect for your neighbors and not about fences. Mayor Jacobs strongly recommended that Ms. O'Kane try mediation. The motion passed 7-0. 8e. Special Permit Amendment for Colonial Terrace Apartments for a major parking lot expansion with a variance to modify the Special Permit which is not in compliance with the parking requirements. 5621 & 5635 Minnetonka Blvd., Case No. 03-35-CUP & 03-36-VAR Resolution No.'s 03-155 and 03-156 Ms. Grove presented a Staff report. Councilmember Sanger asked if an easement would be needed for public traffic in the alleyway through the private property. Ms. Grove said Staff is recommending as a condition of approval that the Applicant continue to allow the public to access their property to continue along the right-of-way to get through the alleyway, however, there is no formal agreement. Ms. Jeremiah said the Public Works department does not think it necessary because they could always restore the rest of the existing alley right-of-way to provide access in that regard. City Council Minutes - 10 - October 20, 2003 It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to adopt Resolution No's. 03-155 and 03-156 approving the special permit amendment with variance, amendment to subject to conditions in the resolution. The motion passed 7-0. Mr. Meyer recognized the Applicant, Jim Soderberg, for his remarkable work in the renovation of apartment buildings in St. Louis Park. 9. Communications Councilmember Omodt announced that the St. Louis Park Community Foundation will have a kick-off lunch this Friday at the DoubleTree Hotel, and all are invited to attend. Councilmember Velick thanked Staff for their work at the Nature Center for the Halloween party. 10. Adjournment Mayor Jacobs adjourned the meeting at 10:37 p.m. 1 / o �� Ci Clerk ayor,