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HomeMy WebLinkAbout2003/08/18 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA August 18,2003 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. The following Councihnembers 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 Acting City Manager and Community Development Director(Mr. Harmening); City Attorney(Ms. McDowell-Poehler); Planning and Zoning Supervisor (Ms. Jeremiah); Assistant Zoning Administrator(Mr. Morrison); Director of Public Works (Mr. Rardin); City Engineer(Ms. Hagen); Director of Finance(Ms. McGann); Director of Inspections (Mr. Hoffman); Environmental Health Official (Mr. Camilon); Public Works Coordinator(Mr. Merkley); Public Works Administration Specialist(Ms. Hellekson); and Recording Secretary(Ms. Samson). 2. Presentations: None 3. Approval of Minutes 3a. City Council Minutes of August 4, 2003 The minutes were approved as presented with the following changes: Councilmember Velick: Item 8g,page 8, paragraph 5, at the end of the paragraph add: Councilmember Velick thinks the testing and posting would be misleading because it would give the public the wrong idea that second-hand smoke at lower levels would be safe. Councilmember Sanger: Item 8g,page 6, paragraph 2, at the end of the paragraph add: Ms. Stark said the proposed posting of test results would mislead the public about the dangers of second-hand smoke. Councilmember Sanger: Item 8g, page 6,paragraph 3, at the end of the paragraph add: Ms. Carmona indicated opposition to the proposed testing and posting of nicotine levels. Councilmember Sanger: Item 8g,page 6,paragraph 5, at the end of the paragraph add: Ms. Birnbaum indicated opposition to the proposed testing and posting of nicotine levels. Councilmember Sanger: Item 8g, page 7,paragraph 7, at the end of the paragraph add: Ms Walder discussed the problem of second-hand smoke to wait staff at restaurants. City Council Minutes -2- August 18, 2003 Councilmember Sanger: Item 8g,page 8, paragraph 2, at the end of the paragraph add the following to the last sentence: and which provide no evidence of the effectiveness of the testing proposal. Councilmember Sanger: Item 8g, page 8, paragraph 6, at the end of the paragraph add: Councilmember Sanger pointed out that while the Council has typically supported recommendations of community task forces, Council has not always done so, such as the proposal from this task force for financial incentives to restaurants or a portion of the recommendations of the Elmwood task force. Councilmember Omodt: Item 8g, page 8, between paragraphs 6 and 7, add the following new paragraph: Councilmember Omodt strongly recommended that this item be returned to a Study Session because there are flaws in the language of the ordinance that are not addressed 3b. City Council Study Session minutes of July 28, 2003 The minutes were approved as presented with the following changes: Councilmember Basill: Item 3,page 3,paragraph 4, at the beginning of the first sentence add: Some of the Councilmember Sanger: Item 2, page 2, paragraph 3, add the following to the last sentence: and that the City would not have potential liability. Councilmember Sanger: Item 3,page 3, paragraph 4, add the following at the end of the paragraph: He was informed by Staff that a mixed-use site requires multiple stories. Council indicated they do not support a one-story building. 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 Removed from Consent Calendar to Regular Agenda as Item 8f. 4b Designate Rehrig Pacific, Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$454,892.00 for refuse cart purchase. 4c Approve Second Reading of Ordinance No. 2247-03 regarding zoning map amendment to change the zoning designation from IG–General Industrial and IP–Industrial Park to R4—Multi Family Residential, RC—Multi Family Residential, and MX—Mixed Use for properties located at 3630 Wooddale Ave, 3601 Wooddale Avenue, 5810 37th Street W., 5957 37th Street W., 5951 37th Street W., 5912 Oxford Street, 5916 Oxford Street, 5920 Oxford Street, 5926 Oxford Street subject to approval of the amendments to change the Comprehensive Plan land use designations from Industrial to Office, Medium Density Residential, Park, and Commercial Mixed Use by the Metropolitan Council, approve summary Ordinance and authorize publication. City Council Minutes -3- August 18, 2003 4d Approve Second Reading of Ordinance No. 2248-03 amendmemng the St. Louis Park Ordinance Code (Zoning)relating to creating consistency in standards relative to setbacks from residential districts, clarifying parking standards for restaurants in shopping centers, correcting retail and shopping center descriptions and approval categories, requiring conditional use permits for small schools in commercial districts, and clarifying motor vehicles sales accessory uses, approve summary and authorize publication. 4e Motion to adopt Resolution No. 03-101 rescinding parking restrictions on the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west and adopt Resolution No. 03-106 authorizing the installation of permit parking along the south side of W. 14th Street from Kentucky Avenue to a point 140 feet west. 4f Designate O'Malley Construction the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$268,936.35 for the 2003,Sidewalk Improvement Project—City Project No. 03-01A &03-02A 4g Accept for filing the Charter Commission Minutes of May 14, 2003 _ 4h Accept for filing the Human Rights Commission Minutes of May 21, 2003 4i Accept for filing the Planning Commission Minutes of July 16,2003 4j Accept for filing the Housing Authority Minutes of July 9, 2003 4k Accept for filing the Vendor Claims (Supplement) A motion was made by Councilmember Sanger that Item 4a be moved from the Consent Agenda to the Regular Agenda as Item 8f Councilmember Omodt said Council was told by Staff that the second-hand smoke ordinance would return as a Regular Agenda item. Councilmember Omodt continued: When the Council packets were received on Thursday night, the second-hand smoke item was not listed on the Regular Agenda. If we are going to make these changes and forget to tell the Council, who requested it, I think to maintain the trust of the situation,we need to at least make a phone call or let people know so that it is not a surprise and we don't think something is getting ram-rodded on us. Councilmemb'er Velack seconded Councilmember Sanger's motion. It was moved by Councilmember Velack, seconded by Councilmember Sanger, 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: None 7. Requests, Petitions, and Communications from the Public: None 8. Resolutions, Ordinances,Motions City Council Minutes -4- August 18, 2003 8a. Resolution Setting Public Hearing for Park Nicollet Health Services Private Activity Revenue Bonds and Approving Public Hearing Notice Resolution No. 03-102 Finance Director Jean McGann presented a Staff report regarding the request of Park Nicollet Health Services. They are requesting to refund approximately$200 million of outstanding pnvate activity revenue bonds and issue approximately$80 million in new debt to construct a heart and vascular center. Councilmember Basill said as this item comes forward to a public hearing, we want to be sure that it is conditioned upon the final PUD being approved. Ms. McGann said she is aware of that and with the resolution that will be in place for the September 15, 2003 meeting, Staff will include all of that language to stipulate that no dollars, with the exception of the bond issue costs, be released until all of the conditions are met. It was moved by Councilmember Basill, seconded by Councilmember Sanger, to approve Resolution No. 03-102 setting a public hearing for September 15, 2003 for Park Nicollet Health Services Private Activity Revenue Bonds and to approve the public hearing notice. The motion passed 7-0. 8b. First Reading of an Ordinance amending Chapter 22 of the St. Louis Park Code of Ordinances relating to Solid Waste Management, creating standards for collection of refuse/garbage, recycling, and yard waste as well as for composting for residential properties Public Works Coordinator Scott Merkley presented a report, and he was accompanied by Sarah Hellekson, Public Works Administration Specialist. Mr. Merkley reported that a main concern among residents is the requirement that the placement of carts during non- collection periods not be visible from the street or alley. Councilmember Santa said from her observations in Ward 3, some residents would be criminalized just because the rules have changed, and she thinks the ordinance does not reflect the Council's intent. Councilmember Santa would like to propose that the language be changed to: Not in the front yard or side yard but in the backyard; somewhere screened from public view. Mayor Jacobs agreed. Councilmember Sanger agreed, and she is also concerned about the requirement that carts not be visible after 7:00 p.m. She said, sometimes the vendor is late in pick up and may have to return the next day, and it would make no sense for a resident to haul garbage to their home and put it out again. Councilmember Sanger said before second reading, she would like to have the ordinance tweaked to say it is acceptable for carts to be on the street overnight—if one is waiting due to a missed or delayed pick up. Councilmember Omodt shares the same concerns as Councilmembers Sanger and Santa regarding screening. He would like to have screening defined so that it is consistent with the City's ornamental feature and fence laws and everything else; it is not currently addressed in the proposed Ordinance Code text amendments. City Council Minutes -5- August 18, 2003 Acting City Manager Tom Harmening summarized that the Council is suggesting Staff look at the storage issue and state a minimum setback to the side property line. Councilmember Omodt added that the City must take care to ask what people use as screening. Councilmember Sanger added that perhaps people should have alternatives because some yards have irregular shapes. Councilmember Basill is concerned that some people may have no area in which to put the garbage, therefore, the garbage must go outside; but he encourages residents to put garbage away. Councilmember Basill asked about how to discard or care for old garbage cans. Mr. Merkley said if residents have yard waste stickers, the old cans may be used for yard waste, otherwise, Waste Management will dispose of the old cans at no charge to the residents. Mr. Merkley said information will be sent to residents by Staff just prior to the new cart distribution. It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve First Reading of proposed Ordinance Code text amendments related to Solid Waste Management and set Second Reading for September 2, 2003. The motion passed 7-0 8c. City Engineer's Report: Sidewalk and Lighting Improvement Project- Park Commons Drive, City Project No. 03-11. Resolution No.'s 03-104 and 03-105 City Engineer Maria Hagen presented a report regarding the construction of new sidewalk on the north side of Park Commons Drive in accordance with the City's sidewalk, trails, and bikeway plan. Ms. Hagen said the bid tab report would return on October 6, 2003 to award a contract. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 03-104 approving plans and specifications and authorizing advertisement for bids for construction of concrete sidewalk and installation of pedestrian lighting and Resolution No. 03-105 authorizing parking restrictions on Park Commons Drive. The motion passed 7-0. 8d. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to creating consistency, clarifying and amending standards for permanent, temporary and canopy/awning signs,sign permitting requirements, and approved sign plans. Case Nos. 03-24-ZA Assistant Zoning Administrator Gary Morrison presented a Staff report, and he was accompanied by Planning and Zoning Supervisor Janet Jeremiah. Councilmember Sanger is concerned about setback requirements for awnings and canopies, and Mr. Morrison said setback requirements are spelled out elsewhere in the ordinance. Councilmember Sanger responded that she hopes there will be no disputes over this. City Council Minutes -6- August 18, 2003 Councilmember Sanger is concerned about signs being placed on narrow sidewalks because the signs could be a safety hazard, and she asked about a provision governing sign placement. Mr. Morrison said it is already stated in the ordinance. Councilmember Velick asked if enforcement will be more consistent due to an improved ordinance. Mr. Morrison said he is hopeful that that will be the case. It was moved by Councilmember Velick, seconded by Councilmember Santa, to approve 1s1 reading of an Ordinance amending Section 36-82 (Temporary Use Ordinance) and Section 36-362 (Sign Ordinance) and set second reading for September 2nd City Council meeting The motion passed 7-0. - 8e. Request by RSP Architects on behalf of Carlson Restaurants Worldwide for major amendment to the existing special permit for exterior modifications to TGI Friday's with a variance to the sign ordinance to increase the maximum allowable square footage of signage and number of pylon signs for the property. Case Nos. 03-26-CUP and 03-41-VAR 5875 Wayzata Blvd (Southeast corner of Wayzata Blvd and Zarthan Ave S. The parcel is also the Northeast corner of Zarthan Ave and 16th Street west) Resolution No. 03-103 Mr. Morrison presented a Staff report. He reported that there are two Special Permits on this property, and the recommendation from Staff is to merge the two Special Permits. Mr. Morrison said the office building has 631 square feet of signage, which is over the maximum allowed of 500 square feet, and TGI Friday currently has 107 square feet for a total of 739 square feet for the entire property. Mr. Morrison stated that the request is to allow TGI Fnday to increase its signage to 146 square feet from 107 square feet. Councilmember Sanger supports granting amendments to the Special Permit, however, no cnteria for the granting of a variance for signage have been met, and there is no hardship. She will make a motion to direct Staff to prepare a resolution for denial of any variance. Councilmember Sanger said, if a variance were granted at this time, she does not know how the City would get the property owner to comply at a later date. It was moved by Councilmember Sanger, seconded by Councilmember Velick, to adopt Resolution No. 03-103 approving the Major Amendment to the existing Special Permit for exterior modifications to the existing TGI Friday's Restaurant subject to the conditions in the resolution. The motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to direct staff to prepare a resolution of denial of the variance based upon staffs recommendation. Before taking a vote on the.second motion, Mayor Jacobs invited any interested person to speak. Chuck Friedberg, Senior Associate from RSP Architects, said TGI Friday is City Council Minutes -7- August 18, 2003 talking to the property owner about subdividing the property. Mr. Friedberg said, if a subdivision took place, TGI Friday would be under its signage maximum. He said TGI Friday is relinquishing one pylon sign in order to accommodate signage on the building. Councilmember Brimeyer suggested the Applicant exercise its leverage. Councilmember Omodt shares Councilmember Sanger's concerns, and he would vote to deny the variance. Mr. Friedberg stated that the Council has an agreement from the owner of TGI Friday that he will work out an agreement within 60 days. Councilmember Brimeyer commented that as a condition of a subdivision, both new lots would have to comply with the sign ordinance. Councilmember Basill is concerned that if the variance is denied, a building and a business could be without signage for two years but it doesn't make sense to not allow the same amount of signage until the process is subdivided. He said perhaps the answer would be to defer the variance so that the Applicant can work on a subdivision versus tying their hands for two years. Councilmember Santa commented that the Applicant does not meet the criteria for a hardship but she would favor Councilmember Brimeyer's suggestion to defer the variance. Mayor Jacobs asked if the variance can be deferred. Ms. Jeremiah said the City has an additional 60 days to extend consideration of the variance, and after that the Applicant's written consent would be needed; Ms. Jeremiah said the first 60 days is nearly expired. Councilmember Brimeyer would like to move to defer for 60 days,however, a motion is pending. So, in that case, Councilmember Brimeyer anticipates when the resolution to deny a variance returns to Council probably on September 2nd, he will move to defer for 60 days. The motion passed 7-0. Councilmember Sanger requested training for the Planning Commissioners, especially new members, about what a variance is and isn't so that, hopefully, we can avoid these types of situations again. 8f Second-hand Smoke Ordinance This is the Consent Agenda Item 4a that Councilmember Sanger requested be moved to the Regular Agenda. Ann Deshler, Oncology Registered Nurse from Park Nicollet, served on the task force as Dr. Hanson's backup and medical representative. Ms. Deshler said she has been the Director of the Community Cancer Research Program in St. Louis Park for the past 20 years. She does not feel comfortable with the task force recommendation to post and test City Council Minutes -8- August 18, 2003 nicotine levels and, subsequently, she and Dr. Hanson submitted a Minority Report some time ago. Ms. Deshler suggested the following changes be made: 1) The EPA materials used are more than 10 years old and grossly understate the dangers of second-hand smoke; those materials should not be used; 2)more information should be included in the brochure that has been drafted by the City; and 3) Section 1B6 should state: "explaining the dangers of second-hand smoke and the disclosure." Director of Inspections Brian Hoffman said the most recent EPA information was used, and the informational materials required by the ordinance are subject to revision and additional editing. Lollie Eidsness, 2720 Ottawa Avenue South, said she is totally opposed to smoking, however, she would prefer the Council do nothing than pass the ordinance because it is a waste of taxpayers' money. Ms. Eidsness asked: What will the testing really do? What does the sign tell her that would be of any value when she enters a restaurant? She said, absolutely nothing. Ms. Eidsness favors educating the public but who does not know the dangers of smoking and second-hand smoke. Janel Brakke, 2918 Utica Avenue South, said she supports the City's effort to educate the community, however, the proposed signs may be confusing and misleading. Ms. Brakke recommends passing a public health policy and educate the community by disregarding the posting of nicotine levels and post signs that state the facts, which are: Second-hand smoke is harmful; there is no safe level, and this establishment has second-hand smoke present. She supports a 100% smoke-free policy. Jeremy Hanson, Minnesota Smoke-Free Coalition, 1019 Dayton Avenue, expressed his organization's continued disappointment with the City's attempt to address the important issue of second-hand smoke with this failed ordinance. Mr. Hanson requested the Council work with health organizations to find a positive solution and a compromise to this issue. He said the ordinance will not protect individuals from exposure to second- hand smoke, and this ordinance is not based on scientific methodology nor will it offer meaningful information about second-hand smoke; and do remove the nicotine testing procedure in this ordinance. Mr. Hanson said the ordinance does not meet the community support test. His organization opposes the nicotine testing and disclosure plan but they do support educational materials based on evidence and best practice. The Minnesota Smoke-Free Coalition urges Council to oppose this ordinance or, at lease, remove the risky nicotine testing and disclosure sections. Zelda Rae Walder, 3025 Ottawa Avenue South, said her restaurant coworkers and friends expressed their appreciation to her for speaking up about this issue. Ms. Walder asked Council to vote for no smoking. Councilmember Velick said she respects the task force and its work. It was moved by Councilmember Velick, seconded by Councilmember Sanger, to table the entire proposal. The motion failed 3-4. (Councilmembers Brimeyer, Basill, and Santa and Mayor Jacobs opposed). City Council Minutes -9- August 18, 2003 Councilmember Sanger reported a factual error in the Staff report. She said the following restaurants are smoke-free: Taste of India, Thando Restaurant, and Vescio's. Councilmember Sanger's proposal would be to consider amending the ordinance to say that any restaurant that is not smoke-free by January 1, 2004 would have to pay a proportionate share of the costs upfront for the testing equipment. She said the City should spend money on a program toward the education of children in St. Louis Park as to the dangers of second-hand smoke as opposed to the costs associated with the implementation of this ordinance. Councilmember Omodt echoed Councilmembers Sanger and Velick's comments. He said passing this ordinance will lead to bad legislation and bad ordinance. Councilmember Omodt would like to offer some amendments, and he said the testing does nothing except tax some businesses. It would be better, he said, to educate people, which would be a worthy goal. The testing is invalid. Councilmember Omodt said it would be better to return this item to a Study Session. One of his amendments would address budget concerns. Mr. Hoffman explained the process of pursuing grants, and who would bear the responsibility for equipment expense. Councilmember Velick said this is not good public policy, and it should return to a Study Session. It was moved by Councilmember Omodt to return this item to a Study Session; and he listed his amendments: scrap the testing program and do an education program; there is no consistency on where the signs go, unknown cost and no set budget; in regard to air handling systems, stand alone building versus multi-tenant buildings are not addressed; put in a sunset clause, i.e., if it isn't working within two years, it will be scraped; and a clause that all educational materials be reviewed by the Council or task force. Councilmember Brimeyer said, as a member of the task force,he is disappointed with the medical community because he relied heavily on them; and the American Cancer Society was invited to the table and, although he did not attend every meeting, he did not see Amencan Cancer Society representatives at the meetings. Councilmember Brimeyer said the City should require restaurants to say: "Full smoking or limited second-hand smoke, where would you like to sit?" Now, that, he said, would be silly but that is what this is all about. He inquired of Council, if signage is the issue,what would you think to: Adopt the ordinance with the testing in place but no signs are to be posted until after 12 months of testing, study, and analyses to see how we might properly notify the customers who use the restaurants? Councilmember Sanger seconded the motion to defer this item to a Study Session. Councilmember Basill said he thinks Council has looked at this issue as objectively as it can. He respects the work of the smoking task force. Mayor Jacobs said there were about 20 people on the task force. Mayor Jacobs described the task force as being composed of four or five representatives of restaurants that City Council Minutes -10- August 18, 2003 allowed smoking; one restaurant representative had a no-smoking restaurant, and that representative was suggested to Mayor Jacobs by the American Cancer Society; three representatives were placed on the task force by the American Cancer Society, and they rarely showed up; two, three or four who were community members with no particular_ vested interest in it; and two high school students. Mayor Jacobs said to say the task force was 6-2 is inaccurate, and testing was debated for two full months. Mayor Jacobs said he attended every meeting for ten full months, and he mostly listened. The motion to return this item to a Study Session failed 3-4. (Councilmembers Brimeyer, Basill, and Santa and Mayor Jacobs opposed). Councilmember Santa said calls she has received from residents have primarily expressed support for the ordinance. She said some of the realities obscured in this issue is that smoking is legal in Minnesota, and smoking is a legal behavior in restaurants that are posted for smoking. Councilmember Santa thinks the level of awareness has been increased. From the beginning, Councilmember Santa had suggested the Council do nothing, however,Mayor Jacobs and Councilmember Sanger had suggested a total smoking ban. The City has come up with a way to address smoking in restaurants and the issue of second-hand smoke in restaurants. Councilmember Santa thinks it has value and merit. It was moved by Councilmember Santa, seconded by Councilmember Brimeyer, to approve second reading of Ordinance No. 2246-03 amending Section 8-258 regarding second-hand smoke in restaurants. Councilmember Omodt said it is an exercise of raw power, a number of issues are on the table as well as an imperfect resolution and, yet, some want to continue to do it. It is not right, some legitimate issues need clarification, need to be finessed, and this needs to make sense for everybody. The motion passed 4-3. (Councilmembers Omodt, Sanger, and Velick opposed). Mayor Jacobs said he would like to encourage more restaurants to become smoke-free, to get people educated about the numerous dangers of second-hand smoke, and he would like to work with the healthcare community to get the word out. 9. Communications Mayor Jacobs stated a reminder that a sprinkling ban is in effect. 10. Adjournment Mayor Jacobs adjourned the meeting at 9:41 .. . ity Clerk M.,or