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HomeMy WebLinkAbout2003/07/21 - ADMIN - Minutes - City Council - Regular liST.CTY OF OFFICIAL MINUTES I LDUIS CITY COUNCIL MEETING RK ST. LOUIS PARK, MINNESOTA July 21, 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); Community Development Director(Mr. Harmening); Police Chief(Mr. Luse); PSAP Manager(Ms. Alex); Planning Coordinator(Ms. Enckson); Junior Leader Coordinator(Ms. Humphrey); and Recording Secretary(Ms. Samson). 2. Presentations 2a. Chris Nelson Recognition Jane Flanagan and Claudia Johnston-Madison thanked Chris Nelson for his service as Ward 2 Councilmember. Former St. Louis Park Mayor and current Hennepin County Commissioner Gail Dorfman recognized Chris Nelson for his service on the Council. Chris Nelson expressed his appreciation, and introduced his family. 2b. Junior Leader Recognition Nina Humphrey, Junior Leader Coordinator, assisted Mayor Jacobs with letters and certificates recognizing the Junior Leaders 3. Approval of Minutes 3a. Council Meeting Minutes of July 7, 2003 From Councilmember Basill: Item 8b, paragraph 4: Paul Roslind should be Paul Roslund. From Councilmember Sanger: She advised that her amendment to the motion for Item 8d was overlooked. Add the following amendment to the motion: The language in the PUD resolution be strengthened to mandate that descriptions of routes and maps be given to those who test drive vehicles. 3b. Study Session Minutes of May 19, 2003 The minutes were approved 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 Council Meeting Minutes -2- July 21,2003 4a. Approve 2nd Reading of Ordinance No. 2242-03 establishing the St. Louis Park Police Advisory Commission, approve the summary, and authorize summary publication 4b. Approve Westwind Apartments Private Activity Revenue Bonds 4c. Approve a 6 month extension of Shelard Homes (Lurie Apartments) Conditional Use Permit until March 3, 2004 Case No. 02-40 CUP (Approved September 3, 2002) 4d. Approve 2nd reading of Ordinance No. 2243-03 to vacate existing alley easement at 2701 Brunswick Avenue South, adopt ordinance, approve summary and authorization publication 4e. Motion to adopt Resolution No. 03-083 approving a minor amendment to an existing Special Permit to add an exterior stairway and a trade school for property at 5100 Gamble Dnve 4f. Approve Resolution No. 03-084 for a minor amendment to an existing special permit to allow the demolition of the existing Pauline's restaurant building at 450 Highway 169 03-46-CUP 4g. Approve Resolution No. 03-085 regarding Sidewalk and Lighting Improvement Project —Park Commons Drive, City Project No. 03-11, accepting report, establishing the improvement project, and holding information meetings with affected property owners and residents for the purposes of reviewing the proposed plans and soliciting input 4h. Approve Resolution No. 03-086 to enter into an agreement with Hennepin County for the improvement of the bridge over Trunk Highway 100 at Excelsior Boulevard, Project No. 98-04 4i. Designate Ron Kassa Construction, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$97,953.75 for Alley Improvement Project-2700 block between Raleigh & Salem Avenues, Project No. 03-09 and Alley Improvement Project-2900 block between Salem & Toledo Avenues, Project No. 03-10 4j. Approve Resolution No. 03-87 accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer's Report for Storm Water Flood Improvement Area No. 1 — Runnymeade Lane -Project No. 00-03 4k. Approve Resolution No. 03-088 accepting report, establishing and ordering an improvement project, approving plans and specifications and authorizing advertisement for bids. City Engineer's Report for Storm Water Flood Improvement Area No. 9—5801 and 5737 W. 25 1/2 Street—Project No. 03-05 41. Approve authorization to advertise and receive bids for purchase of refuse carts 4m. Accept for filing the Housing Authority Minutes of June 11, 2003 4n. Approve Resolution No. 03-089 final payment from Thomas & Sons Construction for 2002 Sidewalk Improvement Project No. 19990700 Contract No. 78-02 4o. Accept Vendor claims for filing (Supplement) Council Meeting Minutes -3- July 21,2003 In regard to Item 4i from the Consent Calendar, Anthony Geier, 2901 Toledo Avenue South, asked how the alley will be pave, and is this item just to approve a contractor. Mayor Jacobs said it is to approve a contractor. City Manager Charlie Meyer read a paragraph from the Staff report regarding this item, and Mr. Geier was satisfied. It was moved by Councilmember Omodt, seconded by Councilmember Santa, 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- 1st Reading of an ordinance imposing a franchise fee on XCEL Energy, a Minnesota Corporation pursuant to Ordinance No. 2086-97 Section 9-610 Mr. Meyer said his remarks are directed to Items 6a and 6b. Mr. Meyer said the action before the Council tonight is to implement franchise fees. The fee for residential property would be $1.25 per month per utility, for small commercial it would be$4.00- $10.00 (depending on its classification), and for large industrial and commercial users the fee would be $65.00 per month. Mr. Meyer reported that the purpose of the fees is to use it for the pavement management program, and the funds from the utility franchise fees will be applied to the capital budget. Mayor Jacobs opened the public heanng. Jim Rhodes, Xcel Energy, asked the City to consider a sunset clause or a periodic review clause, in order to review if such a fee is still needed. Al Swentek, Centerpoint Energy/Mmnegasco, commented that Centerpoint would prefer a flat fee, and the need to maintain a competitive neutrality so as not to allow the fee to sway a competitive balance. Mr. Swentek said Centerpoint would like to make it clear that the fee must be paid by the customer and collected by Centerpoint in order for a fee to be paid to the City, i.e., no fees will be paid on uncollected revenue. Barb Obershaw, President Twin West Chamber of Commerce, said the‘Chamber opposes the imposition of a franchise fee simply as a revenue raising measure. Ms. Obershaw referenced a letter given to Mr. Meyer last June. She reported that Twin West has a position statement, which was sent to City officials. Mayor Jacobs closed the public hearing. Mr. Meyer announced that Council has been provided an ordinance with revised language, (Clerk File No.08).mainly technicalities, and so the Council would be acting on that ordinance as amended. Council Meeting Minutes -4= e July 21,2003 Councilmember Sanger said she thinks a sunset clause is unnecessary because the City reviews it finances at least annually. Councilmember Basill said the revenue must be collected before its associated fee can be collected, and he would like to work that into the motion. Mr. Meyer said the language for that concern will be reviewed between the first and second reading. Councilmember Brimeyer thinks a sunset clause might be misleading because this fee will be around for awhile. Mr. Meyer said the proposed rates are not indexed in any way; these rates were actually proposed in 1997. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to approve first reading of Ordinance imposing a franchise fee on XCEL Energy and setting second reading for August 4, 2003; and the revenue must be collected before its associated fee can be collected. The motion passed 7-0 6b. Public Hearing- 1st Reading of an ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., a Minnesota Corporation pursuant to Ordinance No. 2236-03 Section 7.1 Mayor Jacobs opened the public hearing. See Item 6a for discussion from the City Manager and interested parties. See also Clerk File No. 09. Mayor Jacobs closed the public hearing. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to approve first reading of Ordinance imposing a franchise fee on Centerpoint Energy Minnegasco, Inc., and setting second reading for August 4, 2003; and the revenue must be collected before its associated fee can be collected. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances, Motions 8a. Consideration of a Resolution to proceed with planning of an upgraded radio communication system for Public Safety. Resolution No. 03-090 Chief Luse reported on an upgraded radio communication system. Council Meeting Minutes -5- July 21,2003 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to adopt Resolution No. 03-090 to proceed with planning for development of an upgraded radio communication system with the intention of participating in the regional system and that the Metropolitan Radio Board be notified of St. Louis Park's intention and request any state or federal financial incentives that may be offered to local jurisdictions. The motion passed 7-0. 8b. Request for a Major Amendment to an existing Special Permit for construction of a storage, parking and restroom addition to an existing office building at 500 Ford Road. Case Nos. 03-25-CUP, 500 Ford Road Resolution No. 03-091 Planning Coordinator Judie Erickson presented a Staff report. Ms. Erickson reported a correction to the language for recommended action on the agenda. It should read: Motion to adopt a Resolution approving an amendment to an existing special permit subject to conditions in the resolution. It was moved by Councilmember Velick, seconded by Councilmember Omodt, to adopt Resolution No. 03-091 approving an amendment to an existing special permit subject to conditions in the resolution.. The motion passed 7-0. 8c. Request of Coach Homes of Shelard for a major amendment to an existing special permit to amend the exterior elevations for six-8-unit buildings in order to change exterior siding from stucco, cedar, and hardboard to vinyl and request for a variance from Section 36-36(d)(4) to allow an intensification of an existing non-conformity and to allow an amendment of a continued special permit that does not bring non-conformities into complete or greater compliance with current zoning codes for property located at 300, 310,320, 330,340, and 350 Ford Road. Case Nos. 03-33-CP and 03-34-VAR Resolution No. 03-092 Ms. Erickson presented a report regarding the proposal of Coach Homes of Shelard to remove existing stucco, hardboard covered with pre-finished metal, and cedar trim boards, repair rotted structural members, and re-side their buildings using vinyl siding. Scott Bailey, Bailey Enterpnses, 484 Wabasha Street North, St. Paul, presented information regarding the request. Councilmember Bnmeyer inquired why vinyl siding is allowed on smaller buildings or single-family homes and not large buildings. Ms. Enckson listed reasons. Councilmember Velick asked Mr. Bailey about the condition of the brick that is currently on the townhomes. Mr. Bailey said the townhomes were built on very much of a wetland with a lot of peat and clay soils, but the shifting of the brick has been repaired. Mr. Bailey said they plan to leave the brick on. a Council:Meeting Minutes -6�- "�a' July 21,2003 }' i 5 Councilmember Omodt commented that the stucco;di md not fail, the installation of the stucco failed—if no flash on stucco or vinyl, then failure occurs. Councilmember Sanger does not support the request of Coach Homes because it would bring the property farther away from compliance, and to grant a variance due to financial hardship would be an inappropriate precedent for Council to set. She said Council may want to consider amending the Architectural Code in the future. She thinks Council does not have the legal grounds to grant what is being requested. Councilmember Velick said the request does not meet all of the cnteria required for a variance. It has been her hope that the residents would have talked to City Staff in greater detail about loans, and she suggested using other materials. Mr. Bailey said Coach Homes approached the City on this matter. He said the code in St. Louis Park is 13 years old, and it does not address state-of-the-art building materials. City Attorney Tom Scott said it is within the Council's discretion whether or not to grant the variance. Mayor Jacobs said part of the problem tonight is definitional in terms of trying to define what is Class I material and what is not. Councilmember Basill asked what the price differential would be between stucco and vinyl. Mr. Bailey was unable to give a precise answer. Councilmember Basill stated that it would be about an additional $1,000 per resident to comply with Class I, and Mr. Bailey responded yes. Planning Commissioner Phillip Finkelstein said the Planning Commission decided, on a 5-0 vote, to approve the variance, and he referenced Pages 4-6 of the Staff report. He said the variance was based on the unique nature of the land and on the fact that the stucco is not visible in normal observation (see Page 25); the decision to grant a variance was not based on financial hardships. Councilmember Velick commented that she was hopeful the stucco would remain. Councilmember Brimeyer said a $1,000 cost per resident is no justification to set a precedent. John Russo, President of Construction Consultant, is not aware of any other community with an ordinance regarding vinyl siding like the ordinance in St. Louis Park. Sue Davis, 310 Ford Road, serves on the board of Coach Homes of Shelard, said vinyl siding has been greatly improved. Councilmember Sanger asked if it would make sense to table the variance request due to the question being raised tonight which is: Should the Code be changed to allow vinyl as a Class I material? Mayor Jacobs agreed with Councilmember Sanger, and he would like to know more about how vinyl siding has changed. r d. Council Meeting Minutes -7- July 21,2003 Councilmember Sanger suggested a motion up or down on the vanance request. Mr. Scott said if a motion is made that will be a denial, the motion must be framed as direction to Staff to prepare findings consistent with a denial because we do not have findings in tonight's packets for a denial; so the motion would be to direct Staff to prepare findings consistent with the denial which would then return to Council at the next meeting. Councilmember Velick said she would like to make a motion to deny the request for a variance and direct the Staff to present findings consistent with denial of the motion Councilmember Sanger seconded the motion. Sandra Huber, 330 Ford Road, said she is very upset with how this request is proceeding. Ms. Huber said the residents are not getting the information they need. She said their property is unique, and the increased cost would be a hardship—they have a lot at stake if their request is denied. Councilmember Brimeyer said he does not support Councilmember Velick's motion, it is unfair. Councilmember Omodt agreed with Councilmember Brimeyer. Councilmember Omodt said we should move forward and grant the variance. Councilmember Basill is concerned about setting a precedent. Councilmember Sanger asked Councilmember Velick if when she made her motion to seek the Staff to write findings for denial, did she mean that the variance would be to deny that there would be an increase in the amount of non-Class I matenals greater than the current percentage so that current nonconforming materials could still be replaced by vinyl, which is nonconforming? Councilmember Velick responded that is correct. With that understanding, Councilmember Sanger still seconds the motion. Mayor Jacobs said we have a motion on the variance motion only, correct? Councilmember Omodt asked that the motion be re-read. Councilmember Velick said the motion would be directions for Staff for findings consistent with denial of the variance. A poll vote was taken: Councilmembers Sanger, Santa, and Velick in favor; Councilmembers Basill, Brimeyer, Omodt, and Mayor Jacobs opposed. The motion failed 3-4. Mayor Jacobs said the motion to deny the variance fails on a 3-4 vote. It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to approve Resolution No. 03-092 granting the proposed variance based upon findings indicated in the resolution.. The motion passed 4-3 (Sanger, Santa, Velick opposed) Council Meeting Minutes -8- July 21,2003 It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt, to approve Resolution No. 03-093 granting amendment to existing special permit with conditions indicated in the resolution. Councilmember Sanger asked how many votes are needed to an amendment for a special permit. Mr. Scott said a simple majority. A poll vote was taken: Councilmembers Basall, Brimeyer, Omodt, and Mayor Jacobs in favor, Councilmembers Sanger, Santa, and Velick opposed. The motion passed 4-3 9. Communications: None 10. Adjournment Mayor Jacobs adjourned the meeting at 9:50 p.m. C. Clerk May,