HomeMy WebLinkAbout2003/03/03 - ADMIN - Minutes - City Council - Regular "ifCITY OF OFFICIAL MINUTES
T. LOUIS CITY COUNCIL MEETING
RK ST. LOUIS PARK, MINNESOTA
March 3, 2003
1. Call to Order
Mayor Jacobs called the meeting to order at 7:35 p.m.
The following Councilmembers were present at roll call: Jim Bnmeyer, Chns Nelson, Paul
Omodt, S""san Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs.
Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Community
Development Director(Mr. Harmemng); Planning Coordinator (Ms. Enckson); Housing
Programs Coordinator(Ms. Larsen); Housing Supervisor(Ms. Schnitker); City Clerk (Ms.
Reichert), and Recording Secretary (Ms Samson).
2. Presentations
3. Approval of Minutes
3a. City Council Minutes of February 18, 2003
From Councilmember Nelson. Item 8a, Page 4, at the end of the paragraph, which continues
from the previous page, add: Councilmember Brimeyer asked a question that the figures were
based on sc:neone else acquiring the property, to which Staff agreed
From Councilmember Nelson- Item 8a, Page 5, Paragraph 6, add: Councilmember Nelson
would like to see the creation of an historic zone for homes, and he would like Staff to continue
to work on that.
From Councilmember Santa. Item 8c, Page 7, Paragraph 3, add: Councilmember Sanger
raised the issue of handbills, and Councilmember Santa raised the issue of littering
3b. City Council Special Study Session minutes of February 18, 2003
From Councilmember Sanger. Page 1, Paragraph 1, add. Councilmember Sanger's
recollection is that the assumption the Council was asked to work with was not as ':ted in the
first paragraph on Page 1, but rather that Council was asked to have the discussion without
assuming that the administration's proposed budget cuts would be enacted as originally
proposed
4. Approval of Agenda and Items on Consent Calendar
Council Meeting Minutes -2- March 3, 2003
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.
4a Adopt Resolution No. 03-026 authorizing the installation of stop signs on Northbound
and Southbound Raleigh Avenue at W. 27th Street, Traffic Study No. 574.
4b Adopt Resolution No. 03-023 authorizing application for a Hennepin County grant to
fund the City's curbside recycling program
4c Adopt Resolution No. 03-027 approving Change Order No. 4 with S.M. Hentges &
Sons, Inc. for the construction of additional storm sewer, sanitary sewer, and watermain
on City Project Nos. 00-07, 01-08, and 01-09 —City Contract No. 111-01
4d Adopt Resolution No. 03-028 reducing special assessments in Special Service District
No l
4e Accept and file Planning Commission Minutes of January 8, 2003
4f Accept and file Human Rights Commission Minutes of January 15,,2003
4g Vendor Claims (Supplement)
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve the
Agenda-and items listed on the Consent Calendar
The motion passed 7-0.
5. Boards and Commissions
6. Public Hearings
6a. Public Hearing to consider allocation of 2003 Community Development Block
Grant Funds. Resolution No. 03-024
-Housing Programs Coordinator Kathy Larsen reported on the allocation of 2003 Community
Development Block Grant Funds
Mayor Jacobs opened the public heanng.
John Everett, Executive Director of Community Involvement Programs, 1600 Broadway
Avenue NE, Minneapolis, thanked the Council for their consideration of these funds to benefit
the supportive housing program in St. Louis Park, which began over 10 years ago.
Mayor Jacobs closed the public hearing.
Council Meeting Minutes -3- March 3, 2003
It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt
Resolution No. 03-024 approving proposed use of funds for 2003 Urban Hennepin County
Community Development Block Grant funds, reallocation of 2001 funds, and authorizing
execution of Sub-recipient Agreement with Hennepin County and any related Third Party
Agreements
The motion passed 7-0
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Elmwood Area Land Use, Transit, and Transportation Study
Case No. 01-29-CP Resolution No. 03-025
As requested by Council on February 18, 2003, Director of Community Development Tom
Hannening has returned with a revised resolution, which includes Council's and residents'
concerns regarding land use and density recommendations on the Quadion site. Mr.
Harmening said Council requested Staff to prepare a resolution accepting the Elmwood Study
with certain qualifiers identified in the resolution, which clanfy the context of the Council's
action of acceptance Mr Harmening said the resolution includes a background of the study
process and the assumptions that were used going into the study, the last page of the resolution
states three specific understandings to which the study is subject:
1. The study consists of land use, transit, and transportation recommendations, project
phasing, and planning pnnciples and guidelines The study shall serve as background
information for future land use, tiansit, and transportation decisions including
comprehensive plan amendments.
2. Additional studies and further analysis to test the assumptions and recommendations of
the study are in the process of or will be undertaken.
3. The City Council is not bound now or in the future by either the study assumptions or
the study recommendations, including but not limited to, density and infrastructure
recommendations.
Mr Harmening said copies of the resolution were sent to all of the Community Advisory
members, including representatives, property owners and business people, residents of the •
Elmwood neighborhood, and any one who requested a copy, the resolution is also posted on the
St Louis Park City website and Hennepin County website.
David McBnde, 4312 Alabama Avenue South, suggested that in the let it be resolved section,
Item 1, the last four words, including comprehensive plan amendments, be deleted so that
Council is not directing itself that it shall use it to change the Comprehensive Plan.
Councilmember Nelson said a good job has been done on the resolution. He said the study
documented in the resolution adequately addresses the bndge issue and Council's desires to
minimize the impacts on commercial and residential properties, which will be studied in greater
Council Meeting Minutes -4- , , , March 3, 2003
detail when funding is available and when actually needed. However, he continued, on the
Quadion site, the language in the resolution simple states what is already known, that is, that
Council is not bound by this document. The majonty of the Council is troubled by the density
recommendations. Councilmember Nelson said no one wants to mislead potential development
companies. He would like to include language that states what Council is comfortable with,
and Council is comfortable with something that is of a medium density. Councilmember
Nelson is asking Staff for language on how to accomplish that. Additionally, he said the
resolution should be bound with the study, i.e., when one requests a copy of the study, the
resolution should be included with the report, otherwise, it gets lost.
Councilmember Sanger said she cannot vote for the resolution because it does not reflect the
strong concerns raised by Council, i.e., to prevent high density housing in that area. She said it
is important to phrase the resolution to state "including but not limited to the high density
housing proposal." Councilmember Sanger agrees the resolution needs to be bound with the
study, and she is especially concerned that it be done in a way that any potential developer will
know up front how Council feels about high density housing.
Councilmember Omodt agrees with Councilmembers Nelson and Sanger. He added that for the
benefit of everyone's review, more lead time was needed to review the resolution.
Councilmember Omodt stated that the resolution does not reflect the concerns of the Council,
and he does not support the resolution.
Councilmember Bnmeyer said he is dumbfounded. He thinks Mr McBnde's suggestion to
delete the four words in Item 1 would be a good move. Councilmember Bnmeyer asked, Why
not accept the resolution and be noncommittal? and the resolution is about as noncommittal as
the Council can get. He said to do anything differently is to mislead the neighborhood, and he
would rather table the resolution to give interested parties more time to review it.
Councilmember Brimeyer moved to table the resolution The motion died for lack of a second.
Mayor Jacobs said he partly agrees with Councilmember Bnmeyer.
Councilmember Nelson responded that it is not a noncommittal document, i.e., specific land
uses have been identified as well as proposed future comprehensive plan changes, which would
go hand in hand with zoning changes.
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Mayor Jacobs said the study is not necessarily a reflection of what the Council wants to Bo—
the study is a feasibility study. Mayor Jacobs said no commitment has been made as to what
Council wants. He agrees with Mr McBnde to strike the four words, including comprehensive
plan amendments, from Item 1, because that would provide for greater options. Mayor Jacobs
sees two issues: the issue of the study itself, which as he recalls is a feasibility study and does
not bind the Council to a particular course of action; and he thinks the resolution provides the
Council with flexibility. Mayor Jacobs wants to take care not to bind the City to any course of
action.
Council Meeting Minutes -5- March 3, 2003
Councilmember Sanger wanted clanty on one particular issue, that is, one option not on the
table is the high-density housing. She said flexibility is probably appropnate for some of the
other issues.
Councilmember Nelson said it is inaccurate for Mayor Jacobs and Councilmember Sanger to
use the term binding Because the resolution is not binding, Councilmember Nelson said the
Council should be as accurate as it can be. He thinks an item numbered 11 should be added on
Page 4, which would state: The City Council prefers medium and low density residential
development on the Quadion site. This is what Councilmember Nelson will move when it is
time to make a motion.
Councilmember Velick supports Counciln_:rnber Nelson because she thinks the process has
worked and it is a good study; and she stated the neighborhood does not want high density.
Councilmember Bnmeyer said if Councilmember Nelson's number 11 paragraph were added, it
would passively convey the message that everything else is okay, such as the bndge. He said
markets and conditions change. Councilmember Brimeyer will not support Councilmember
Nelson's amendment because it is bad public policy, and it is not what was discussed with the
neighborhood.
City Attorney Tom Scott said there is nothing here that is binding.
Mayor Jacobs said as long as a preference for medium or low density is not binding, he is
supportive Councilmember Nelson's amendment.
Councilmember Santa is torn because she interprets the let it be resolved section, Item 3, as
stating the Council is not bound and assump«ons change. Councilmember Santa said the
Council is not bound to any density or .1ifrastructure recommendations.
Mayor Jacobs said the addition of Councilmember Nelson's amendment would not necessarily
change the substance or meaning of Item 3 on Page 5.
Jim Voss represents Quadion. Mr. Voss said his observation regarding Councilmember
Nelson's amendment is that the amendment is not a study recommendation or a study
assumption. Mr. Voss cautioned the Council on their choice of language regarding policy
development. He said a pre-emptive guide plan change cannot be established without proper-
public policy.
Councilmember Nelson addressed the following: He said the issue on the Quadion site is
density; he thinks the comprehensive plan amendment language should remain; the Council is
not making a statement as to what the land use should be in the Comprehensive Plan as that
will be a future change and there will be a public heanng on that, and it is important for the
Council to state a preference.
It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to adopt
Resolution No. 03-025 accepting the Elmwood Area Land Use, Transit and Transportation
Council Meeting Minutes -6- March 3, 2003
Study with the understanding that the Council is not bound now or in the future by the study
assumptions or the study recommendations, including but not limited to, density and
infrastructure recommendations, and with an amendment adding Number 11, on Page 4, which
shall state as follows The City Council prefers medium and low density residential
development on the Quadion site. Councilmember Nelson would like to clarify that the
resolution incorporates the language suggested by Mr. Meyer, i.e., the Quadion site west of
Wooddale Avenue
City Manager Charlie Meyer clarified that the only part of the Quadion site that is proposed for
residential is the part west of Wooddale Avenue, there is Quadion property on the east side of
Wooddale Avenue The Council may want to add language to state on the Quadion site west of
Wooddale Avenue The suggestion from Mr. Meyer is acceptable to Councilmembers Nelson
and Sanger.
Councilmember Bnmeyer asked if it is possible to accept the study as is, adopt the resolution as
is, and move Councilmember Nelson's motion as a separate motion as a statement of
preference by this Council when this subject comes up Councilmember Brimeyer's concern is
that Councilmember Nelson is adding something that is part of the discussion but not part of
the study If an exception to the study is to be made, then all concerns should be included in
Council policy(for later, down the road).
Councilmember Nelson does not agree. He stated that in Items 8, 9, and 10, the
recommendations were reviewed by the Planning Commission and their comments were
incorporated into the final report The concerns of Council about Quadion's density were not
adopted or included into the final report.
Councilmember Bnmeyer responded that it is unfair tr single out one issue.
Mr. Scott said any wording the City Council has discussed would not have a binding legal
precedent.
The motion passed 6-1 (Councilmember Brimeyer opposed).
8b. Second reading of General Revisions to Chapter 20 and Chapter 8 regarding retail
sales in parks and other general revisions to park regulations contained in Chapter
20 Ordinance No. 2235-03
City Clerk Cindy Reichert clarified the deletion of handbills and litter
Councilmember Sanger asked about the wording of retail sales; she asked what"in conjunction
with activities" means. She inquired about clarification regarding time limits. Councilmember
Sanger suggested deleting except in Paragraph 22 Ms Reichert agreed, and it should be unless
in conjunction with.
Council Meeting Minutes -7- March 3, 2003
Mayor Jacobs said Paragraph 11, in the retail sales section, made sense to him, however, he
suggested deleting and because it would exclude a non-Parks and Recreation department
activity, such as Parktacular Mayor Jacobs agrees with the deletion of except.
Councilmember Santa said she understood it to mean that one could have a retail sale as part of
a Park and Recreations activity, in conduction with that activity, or if the Director of Parks and
Recreation gave approval. She agrees to remove except in Paragraph 22.
Councilmember Sanger suggested adding in conjunction as determined by the Director of
Parks and Recreation.
It was moved by Councilmember Nelson, seconded by Councilmember Velick, to approve the
Ordinance 2235-03, approve the summary and authorize summary publication with a
change to Paragraph 22, to delete except, and Paragraph 11 to remain unchanged.
The motion passed 6-1 (Councilmember Sanger opposed).
9. Communications
From the City Manager Mr Meyer reported that for 2003, St. Louis Park will lose $1,500,000
in local government aid(LGA), and for 2004 the amount will be $3,000,000. Mr. Meyer said
St Louis Park raises $14,000,000 in property taxes, and $3,000,000 is a substantial portion to
lose. As a result of the proposal in the State budget, which is subject to legislative action, the
impact to St. Louis Park is far more substantial than a 5% cut.
From the Mayor: Mayor Jacobs said today is Read Across Amenca Day. Also from the
Mayor, the Mayor's third anni:al Youth Summit will take place on March 26th, from about 5:30
p.m. to 8 30 p m , at the St. Louis Park junior high school
From Councilmember Santa: The Remodeling Fair on February 23rd as a success. She thanked
the several City Staff persons who were there to offer information and assistance. Of the 2,000
visitors, 42% were St. Louis Park residents.
10. Adjournment
Mayor Jacobs adjourned the meeting at 8• p. . •
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Cit Clerk Mayor 1I