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HomeMy WebLinkAbout2003/06/02 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA June 2, 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. Jim Bnmeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer); City Attorney (Mr. Scott); Deputy City Manager(Mr. Pires); Community Development Director(Mr. Harmemng); Planning and Zoning Supervisor(Ms Jeremiah), Director of Public Works (Mr. Rardin); City Engineer(Ms. Hagen); City Assessor(Mr. Stepnick); Associate Planner(Ms. Grove); and Recording Secretary(Ms. Samson) 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of May 19, 2003 The minutes were approved as presented. 3b. City Council Study Session Minutes of April 21, 2003 The minutes were approved as presented. 3c. City Council Study Session Minutes of May 5, 2003 The minutes were approved as presented 3d. City Council Study Session Minutes of May 19, 2003 From Councilmember Santa: Page 3, item 2, sentence 1, add: (Chief Stemmer was delayed because he was fighting a fire) From Councilmember Sanger: Page 2, item 1, last paragraph, delete US and replace with State. From Councilmember Sanger: Page, item 2, paragraph 3, immediately after to pay for dispatch add by Hennepin County From Councilmember Nelson: Page 3, item 2, last paragraph, delete: to phase in fee increases on quarterly bills as opposed to,for example, 10%at one time and replace with a one-time fee increase and, perhaps, make it less if done earlier Council Meeting Minutes -2- June 2, 2003 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 4a Approve continuation of Walser Ford's application to appeal the Board of Zoning Appeals decision to the June 16, 2003 City Council meeting. Case No. 03-01- VAR: Walser Ford 4b Adopt Resolution No. 03-066 accepting work on storm sewer and utility improvements city project Nos 00-07, 01-08, 01-09 Contract No. 111-01 4c Accept for filing Parks and Recreation Advisory Commission Minutes of April 23, 2003 4d Adopt Resolution No. 03-067 authorizing installation and special assessment of a fire sprinkler system at 5600 Excelsior Boulevard and directing the Mayor and City Manager to execute a special assessment agreement with the property owner 4e Adopt Resolution No. 03-068 authonzing the installation of stop signs at Dakota Avenue and Walker Street ATraffic Study No. 577 4f Motion to accept for filing the Planning Commission Minutes of May 7, 2003 4g Motion to accept for filing the vendor claim report (supplement) It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the Agenda and items listed on the Consent Calendar The motion passed 7-0 5. Boards and Commissions--None 6. Public Hearings 6a. Public Hearing: Alley Paving—2900 Block between Salem Avenue and Toledo Avenue. Resolution No. 03-059 City Engineer Mana Hagen presented a report regarding the alley paving in the 2900 block between Salem and Toledo Avenues. Ms. Hagen stated that Staff is recommending the catch basin be upsized in conjunction with the Highway 100 project. At 2908 Salem Avenue South, a garage protrudes into the nght-of-way, and Ms Hagen reported that Staff has tried to work around the garage by scootching the alley slightly to the west. Ms. Hagen said Staff would like to obtain easements from two property owners to the west rather than relocate the garage in order to get a 10-foot alley in that location, and if the ' two property owners are not amenable to that, Staff would like to narrow the alley to eight feet, which would suffice for vehicular traffic. Staff consulted with the City Attorney on this matter. Ms. Hagen said Staff is recommending a public hearing be held After tonight's meeting, there is a 30-day period for appeals to be made to the assessment. Council Meeting Minutes -3- June 2, 2003 Mayor Jacobs opened the public hearing. Bill Krawchuk and Kimberly Mvistoe, 2934 Salem Avenue South, said when they moved into their home last December, they were aware of the possibility of the alley paving. Mr. Krawchuk said the assessment fee would be a burden Anthony W. Geier, 2901 Toledo Avenue South, is concerned about the easement on the west side of the two property owners mentioned earlier tonight. Mr. Geier asked: Why does the alley need to be so far away from that garage and so close to the garage at 2913? Ms. Hagen said a retaining wall and curb will need to be built up to hold the garage in place. Mr. Geier said there is a foundation under that garage and, perhaps, the retaining wall could be built on the property owner's foundation, although a telephone pole is in the way. Ms. Hagen said the pole can be moved and relocated at the City's request by Xcel Energy. Ms. Hagen said Staff will investigate the matter. Mr. Geier said his retaining wall, as it is currently, crosses the common ground property line and he would like for Staff to be aware that Staff need not build around it; he plans to install a new retaining wall. Mr. Geier said Staff or he can tear it out Melinda Hutchinson, 2913 Toledo Avenue South, has the same thoughts as Mr. Geier. Ms. Hutchinson is concerned that an eight-foot alley may not be wide enough for large vehicles such as garbage trucks. She favors taking less space on her property and making a deeper cut into the proposed four-foot space. Paul Rosholt, 2925 Toledo Avenue South, asked if the catch basin will be redone under the alley and centered, and Ms. Hagen responded yes. Mr Rosholt said much of the hill that appears to be holding up the garage is actually a mulch pile. Mr. Rosholt said he would like to see the current property lines maintained and, perhaps, remove the power pole; he added, some of his neighbors agree with him. A resident of 2938 Toledo Avenue South asked if the alley will remain a one-way. Ms. Hagen said yes, it will remain a one-way, and he was pleased to hear that. Mayor Jacobs closed the public hearing. Councilmember Sanger asked if the plans can be modified even with the changes suggested if the Council moves forward with this item tonight? Ms. Hagen said yes Councilmember Sanger said the contingencies, i.e., to obtain the easements or modify the alley to be eight feet wide, are not reflected in the resolution, and she thinks that should be stated in the resolution Councilmember Sanger is also proposing that a third point be stated in the resolution, which is the garage protruding into the alley will not be required to be moved. It was moved by Councilmember Sanger, seconded by Councilmember Nelson, to adopt Resolution No. 03-059 ordering the construction of a concrete alley in the 2900 block between Salem Avenue and Toledo Avenue, approving plans and specifications and authorizing receipt of bids, subject to the acquisition of easements as amended. Council Meeting Minutes -4- June 2, 2003 The motion passed 7-0 6b. Assessment Hearing for Alley Paving Project 2900 Block between Toledo and Salem Avenues. Resolution No. 03-060 City Assessor Bruce Stepmck said 17 parcels are involved in this project, and 14 parcels have garages with a direct benefit. Mr. Stepnick stated the interest rate is 5.80% for a 20- year assessment. Mayor Jacobs opened the public hearing. Mr. Geier asked if the amounts assessed would be changed due to incoming bids. Mr. Stepnick said the amounts sent to property owners represent the maximum amount that would be assessed, therefore, no additional amounts would be assessed without a public hearing. Mr. Rosholt asked how an assessment could be determined if a property owner were to derive a future direct benefit. Mr. Stepnick said Staff does not have a mechanism to re- assess the project because a fixed cost is involved and it is allocated 100%. Mayor Jacobs closed the public heanng. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-060 establishing the assessment for Alley Paving Project in the 2900 block between Toledo and Salem Avenues The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public--None 8. Resolutions, Ordinances, Motions 8a. 2003 Sidewalk & Trail Improvement Project—Project No. 03-01A Resolution No. 03-061 Ms Hagen presented a report on the construction of vanous sections of new sidewalk and trail in accordance with the City's sidewalk, trails, and bikeway plan. LaVonne Blount, 3543 Texas Avenue South, asked if the City will discontinue snow removal from sidewalks. City Manager Charlie Meyer said the maintenance and snowplowing of city sidewalks will continue. It was moved by Councilmember Nelson, seconded by Councilmember Velick, to adopt Resolution No. 03-061 approving plans and specifications and authorizing advertisement for bids for construction of various sections of concrete sidewalk and bituminous trail. The motion passed 7-0. Council Meeting Minutes -5- June 2, 2003 8b. Wendy's request for a Conditional Use Permit for in-vehicle sales/service (drive-through use). Case 03-03 CUP, 5001 Excelsior Blvd. Resolution No. 03-062 Associate Planner Julie Grove presented a Staff report on Wendy's request for a Conditional Use Permit("CUP"). Planning and Zoning Supervisor Janet Jeremiah said the project requires a CUP due to the drive through element. Ms. Jeremiah said a traffic and parking analysis by SRF Consulting Group ("SRF") reveals there is not adequate parking in the Miracle Mile parking lot near the Wendy's site to accommodate the proposed use dunng peak times, and some on-site circulation issues in regard to the blocking of circulation aisles,parking spaces, as well as potentially interfering with the fire lane to the fire hydrant. Ms. Jeremiah said Wendy's has stated that they cannot agree to the conditions as proposed. The Planning Commission recommended denial on a vote of 7-0. Ms Jeremiah said the Applicant has requested a continuance until June 16, 2003 to allow time to submit revised plans. Tony Gleekel, 100 Washington Avenue South, who represents Wendy's, introduced himself Councilmember Nelson immediately suggested the Applicant address if any of the conditions are acceptable now. Mr. Gleekel said Wendy's is willing to reduce the drive through closing time to midnight, and he said the landlord has agreed to sign, i.e., to post signs, the 36 spaces west of Wendy's from 11.00 a.m. to 2:00 p m. for Wendy's-only customers. Mr. Gleekel would like to have the conditions narrowed down. Councilmember Nelson asked if the Applicant would be amenable to a 10 00 p.m. or 11:00 p.m closing time. Mr. Gleekel turned around to face Richard P. Janssen, Real Estate Director, Wendy's International, 5440 West Broadway, Crystal, who was sitting in the audience, and Mr. Janssen nodded that an 11.00 p.m. closing time would be acceptable. Wendy Freshman and her son, Noam Freshman, 3912 Natchez Avenue South, do not want a Wendy's restaurant because it would generate too much traffic. Ms. Freshman inquired if the dnve through could be abolished. Mr. Freshman said there is too much traffic now, and 700 people are expected to move in to the new condominiums. Lyn Wik, 3965 Quentin Avenue South, presented photographs of the proposed Wendy's site, and provided photographic perspectives from adjacent property owners' homes. Ms. Wik said the noise and hours are inseparable issues. She said a dnve through is in opposition to the Comprehensive Plan. Councilmember Nelson asked Ms. Wik if she could provide Ms. Grove a copy of the photographs for the record, and she responded yes James Buchkosky, 4960 West 401h Street, questions SRF's information and supporting evidence, and he referenced the Staff report, page 12, item 4. Mr. Buchkosky said the traffic counter in front of his home had been disabled for a time. Jeff Johnson, 4964 West 401h Street, said his two primary concerns are noise and traffic. Council Meeting Minutes -6- June 2, 2003 Claudia Johnston-Madison, 3931 Joppa Avenue South, said she hopes the Council will deny the Special Use Permit [Conditional Use Permit] for reasons stated by the Planning Commission. Ms. Johnston-Madison has talked to most of the business owners on the east end of the Miracle Mile Shopping Center and they expressed concern about losing their parking spaces. She said an 11:00 p.m. closing time is unacceptable. Ms. Johnston- Madison said the drive through lane, where the cars will stack, and the exit lane are side- by-side, and that will cause problems. Mark Banishek, 4956 West 40th Street, said this use is not conducive to a walkable community. Carol Ham, 4967 West 40th Street, said her main concerns are traffic and noise. Rose Dohorty, 4968 West 40th Street, said she has personal, livability issues with this project, and the overall community goals that have been set would be undermined. Ms. Dohorty said she has no objection to a Wendy's restaurant but she doe object to the drive through and the late hours of its operation. Ms. Dohorty said the drive through is too close to a residential area. She said traffic is heavy now, and she wants to maintain a pedestrian-friendly environment. Christine Moss, from Landform, 510 First Avenue North, Suite 650, Minneapolis,works on behalf of Wendy's Ms. Moss referred to a letter by Kendra Lindahl regarding the specifics of Wendy's request. Ms. Moss thinks Wendy's meets the conditions and the application complies and conforms to the Zoning Ordinance requirements for the approval of a CUP to allow a dnve through restaurant. Ms. Moss stated that no variances are being requested. She said the parking and traffic analysis, which was prepared by SRF, reiterates that the application complies with all traffic and parking standards. Ms. Moss addressed points A, B, C, and D, on page 9 of 30. Ms. Moss stated that Wendy's has submitted revised plans as requested by Staff and addressed at the May 23, 2003 Planning Commission meeting. Ms. Moss stated that there is adequate parking. Margaret Tiffany, 4972 West 40th Street, said she is most concerned with pedestrian safety and being able to have a pedestrian-friendly environment—and the drive through will not accomplish that goal for her neighborhood. The proximity of the drive through to the residential properties, and noise and pollution concerns her. Ms. Tiffany said a Wendy's with a drive through is not a match for this site She said some customers may become phantom customers, i e., drive onto the site and seeing that it is busy, decide to pass through, which will add to the congestion. She said lighting would be problematic. Ms. Tiffany said bare trees dunng the wintertime will not offer any buffer. Mr. Gleekel said he is a steward for Wendy's, and he highlighted that Wendy's presence in the neighborhood would be innocuous upon the residents. Mr. Gleekel said although the City may want to apply stricter standards to Wendy's, there are limitations. Councilmember Brimeyer said the parking is right, the traffic is right, Wendy's is a good company but this is not the right thing to do. He said a ton of money and a ton of time has been invested across the street (Park Commons) to promote the concepts of walkability, livability, and compatibility. Because Councilmember Brimeyer thinks it is not the nght thing to do, he cannot approve it. Council Meeting Minutes -7- June 2, 2003 Councilmember Sanger agrees with Councilmember Bnmeyer that this is not the nght project but she does not necessarily agree with his reasoning. She thinks some of the conditions have not been met. Councilmember Sanger is most concerned about traffic circulation from the drive through and the impact of stacked vehicles. She is also concerned about pedestrian access She stated that the dnve through is not compatible with the Comprehensive Plan for the neighborhood. Councilmember Sanger will not support Wendy's request She said the Planning Commission did an admirable job in laying out the rational for why this request is not in compliance with City requirements. Councilmember Omodt concurs with Councilmember Sanger, and thanked the Planning Commission for doing a great job. He said this is not the right use and this site is the wrong place for a drive through. Councilmember Omodt is concerned about traffic flow through the parking lot. He does not approve of the request. Councilmember Velick said not all of the conditions have been met, and it would be a hardship for the neighbors. She would like to see Wendy's in St. Louis Park but not in this location Councilmember Santa said, from her Ward 3 perspective, the same issues arise from similar projects regarding car noises, radios, and headlights, which are intrusive, and those irritants are especially intrusive after 10:00 p.m.—it becomes a livability issue. Councilmember Santa cannot support the request because it would be detrimental to the neighborhood. Mayor Jacobs said he thinks the conditions have not been met. Mayor Jacobs said comparisons to McDonald's on the north side of Excelsior Blvd. from the proposed site do not work because McDonald's is not in close proximity to a residential area. Mayor Jacobs is fearful that traffic would back up onto Excelsior Blvd. and he has additional traffic concerns. He said the noise issue is problematic. Mayor Jacobs said Wendy's does not fit at this location, and it is not a good land use for this site. Councilmember Nelson said a drive through within 100 feet of a residential area would exceed the ambient noise level Councilmember Nelson pointed out that on page 9 of the Resolution, 3d, it should state does not comply, which will be part of his motion, and Staff agreed. Councilmember Nelson is concerned about the internal parking circulation at Miracle Mile He said the Planning Commission did an excellent job, and he has no problem adopting their findings, especially their first three findings. It was moved by Councilmember Nelson, seconded by Counctlmember Sanger, to adopt Resolution No. 03-062 denying the Conditional Use Permit in accordance with the findings included in the resolution as modified by Councilmember Nelson. The motion passed 7-0 • I Council Meeting Minutes -8- June 2, 2003 8c. Resolution confirming the appointment of Clint Pires to the position of Director of Technology and Support Services. Resolution No. 03-063 Mr. Meyer provided background information on this appointment and on Deputy City Manager Clint Pires. Mr. Meyer thanked Mr. Pires for his outstanding work as Deputy City Manager. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt Resolution No. 03-063 confirming the appointment of Clint Pires to the position of Director of Technology and Support Services effective June 16, 2003 The motion passed 7-0 8d. Confirmation of Appointment of Tom Harmening as Deputy City Manager. Resolution No. 03-064 Mr. Meyer reported that Community Development Director Tom Harmening will continue as the City's Community Development Director but will take on additional responsibilities as Deputy City Manager. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to adopt Resolution No. 03-064 confirming the appointment of Tom Harmening as Deputy City Manager effective June 16, 2003. The motion passed 7-0 8e. Resolution declaring a vacancy in Council- Ward Two, appointing an eligible person to fill the vacancy and calling for a special election to be held November 4, 2003. Resolution No. 03-065 Mayor Jacobs declared a vacancy on the Council, Ward Two, and John Basill has been appointed to fill the vacancy. A special election shall be held on November 4, 2003. Mayor Jacobs said applications were solicited from residents of Ward 2. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to adopt Resolution No. 03-065 declaring a vacancy in Council--Ward Two, appointing an eligible person, John Basill, to fill the vacancy and calling for a special election to be held November 4, 2003. The motion passed 7-0. Mayor Jacobs said Councilmember Nelson represents the best of what a public official is and should be. Councilmember Nelson said it has been a pleasure and a privilege to serve the City. Council Meeting Minutes -9- June 2, 2003 8f. Executive Session--Pending Litigation ASK Properties At 10:10 p.m. the Council exited the Council Chambers to convene an Executive Session in the Westwood Room. Councilmembers present in the executive session were Jim Bnmeyer, Chris Nelson, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs Staff members present were the city Manager(Mr. Meyer); City Clerk (Ms. Reichert); City Attorney(Mr. Scott); Community Development director(Mr. Harmening); Planning and Zoning Supervisor(Ms Jeremiah). Discussion regarding pending litigation between the City and ASK properties was held. A 10.35 p m. a motion to reconvene the regular meeting of council was mde by Councilmember Santa and seconded by Councilmember Nelson. Motion passed unanimously. 9. Communications (Note Because Council was convening to executive session, communications occurred prior to item 8f) Councilmember Nelson announced that the St. Louis Park Historical Society is seeking volunteers. 10. Adjournment Mayor Jacobs adjourned the meeting at 10:35 p m. l DeiNSCity Clerk Mayer ---1