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HomeMy WebLinkAbout2004/05/03 - ADMIN - Minutes - City Council - Regular filCITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA May 3,2004 1. Call to Order Mayor Jacobs called the meeting to order at 7:35 p.m Council members present: John Basill, Phil Finkelstein, Paul Omodt, Susan Sanger, Sue Santa, Sally Velick, and Mayor Jeff Jacobs. Staff present. City Manager(Mr Harmening), City Attorney (Mr. Scott), Assistant Zoning Administrator(Mr Morrison), Planning Coordinator(Ms. Enckson), City Engineer (Ms Hagen), Human Resources Director(Ms. Gohman), Associate Planner(Ms. Grove), Environmental Coordinator(Mr Vaughan), and Recording Secretary (Ms. Teagarden) 2. Presentations The Mayor presented a proclamation to the Veterans of Foreign Wars for Buddy Poppy Day, set for May 14, 2004. 3. Approval of Minutes 3a. City Council Minutes of April 19, 2004 The minutes were approved as presented. 3b. City Council Minutes of April 12, 2004 Councilmember Velick: correction to spelling on page 4, four paragraphs down, Ms Hagen, not Haugen Mayor Jacobs: Item 9 invited people to come to Caring Youth Award dinner. 3c. Study Session Minutes of April 12'2004 Councilmember Finkelstein corrected the spelling of his name. Councilmember Sanger—Page 2, 2nd line with respect to the discussion about the proposed smoking ban state legislation. "it is to enact a statewide smoking ban in workplaces and restaurants" and the next paragraph down, "I recall during recent discussions several councilmembers and community members expressed their belief any smoking ban should be statewide." The minutes were approved as corrected. 4. Approval of Agenda and Items on Consent Calendar City Council Minutes -2- May 3, 2004 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 appropriate section of the regular agenda for discussion (Alternatively Motion to add or remove items from the agenda, motion to move items from consent calendar to regular agenda for discussion and to approve those items remaining on the consent calendar) 4a Motion to appoint City Councilmember Sally Velick to the City of St. Louis Park and City of Golden Valley Travel Demand Management Distnct Joint Task Force. 4b Motion to approve Stormwater Facility Maintenance Agreement with the Minnehaha Creek Watershed District regarding the sweeping of Louisiana Avenue from Lake Street to Walker St in the Spring and Fall of each year. 4c Motion to accept for filing the Planning Commission Minutes of April 7, 2004 4d Motion to accept for filing the Park and Recreation Advisory Commission Minutes of March 23, 2004. 4e Motion to accept for filing the BOZA Minutes of December 2, 2004 4f Motion to accept for filing the Human Rights Commission Minutes of February 18, 2004 4g Motion to accept for filing the Human Rights Commission Minutes of March 17, 2004. 4h Motion to accept Vendor Claims for filing (Supplement). 4i Motion to adopt Resolution No. 04-059 calling for a public hearing by the City Council on the proposed establishment of the Talmud Torah Tax Increment Financing Distnct within Redevelopment Project No. 1 (A Housing Distnct). It was moved by Councilmember Santa, second by Councilmember Finkelstein to approve Agenda and Consent Calendar. Motion passed 7-0. 5. Boards and Commissions - None 6. Public Hearings 6a. Request by Charles Stinson for preliminary and final plat approval with a petition to vacate a utility easement. Case No. 04-12-S & 04-13-VAC Ms. Grove gave an overview of the proposal to divide the property at 2545 Huntington Avenue into three single-family parcels zoned R-1, single-family residential. The Planning Commission held a public hearing on January 21, 2004 for a subdivision variance for one of the lots. Staff and Planning Commission recommended denial of variance and the plat. The applicant waived the 60-day review rule to consider other options. Planning Commission approved the proposal after hearing testimony from residents at an Apnl 7, 2004 public hearing. Ms. Grove stated the subdivision and zoning ordinance requirements for lot size and density standards for units per acre are met. There is a setback requirement for lot width. The setback line is 30' for the single family residential At the setback line, lots 1 and 2 City Council Minutes -3- May 3, 2004 are approximately 115'-117' in width, and the 75' minimum width is a mid range in the two lots. At the setback, lot 3 (corner lot) is approximately 90' in width The minimum required width is 85'. The applicant is meeting zoning standards for useable open space in the rear yard Tree preservation requirements will be met because the evergreen trees that are proposed for removal will be replaced. The City Forester is concerned that every precaution be taken to save an existing white oak. The applicant is proposing to add sidewalks which are required along all street frontages. Due to plans for a bike trail along France Avenue, staff recommended a 6' sidewalk. The applicant is also proposing, at staff request, a street right-of-way at the intersection of France & 26th Street. Final building and site plans must be submitted and approved by zoning administrators if the plat is approved. The applicant is aware that a few revisions are needed to fix the plan and has agreed to meet all ordinance requirements. Ms Grove indicated that Public Works has reviewed and accepted the proposed utility easement vacation She indicated staff and Planning Commission believe the proposed subdivision would improve visibility and sight lines at the corner of 26th &France. Councilmember Velick asked for clarification of the dnveway location. Ms. Grove noted it would enter onto France Avenue which is the same location of an existing gravel driveway. Ms Erickson stated France Avenue is a Hennepin County right-of-way, and the County recommends that the driveway come off of 26th Street; however, it will accept staff recommendations The Public Works department conducted a delay study and compiled accident data for the intersection. The delay study did not find significant delays to warrant a signal at intersection. In the past three years, one documented accident was reported to police. Staff recognize people feel this is an unsafe intersection, and it is not a typical design. Public Works staff is looking at options such as having 26th Street "T" into France Ave. in the future. Staff believes the three homes will not have a significant impact on traffic volumes or traffic patterns at this intersection. The proposal meets code requirements, and staff and the Planning Commission recommend approval of the preliminary and final plat and the first reading of the utility easement vacation. The Mayor opened the Public Hearing. Beverly R. Fine, 2530 France Avenue, said that three homes on the site would be inconsistent with the neighborhood and would devalue nearby properties. She was also concerned that the new home, sewer, and water lines will adversely affect her property. She also stated that a driveway on 26th Street would be hazardous. LeAnne Stewart, 2544 Huntington Avenue, opposed the proposal. She said the neighborhood is very different on the two sides of 26th Street, and facing the lake. Houses along the lake are larger and are on very large lots with rolling greenways leading to the lake. The first view of St Louis Park would be a set of townhouses. She also City Council Minutes -4- May 3, 2004 stated there was an accident a year ago where someone was killed. Dnving that intersection daily, she believes another driveway would be an added danger. Phillip Jares, 4110 W 25th St., read a statement from himself and Mark Hager, one block from property in question They oppose the proposal due to driveway and density concerns. I Wayne Jenkins, 2601 Huntington, was opposed due to the increase in density which will change character of neighborhood. Mr. Jenkins disagreed with "T" at end of hill due to concerns about ice. Keith Olive, 2534 Huntington, opposed the project because the character of the neighborhood will be spoiled by the density of three houses on a single family lot. He stated the variance is achieved by a "geometric" manipulation. Bruce Bottern, 3920 Cedar Shore Dr., opposed the proposal because of safety. He has seen cars misnegotiate the curve and hit the telephone pole If the homes are built, this would have landed a car in the window of the corner house. He would accept two houses, but three houses is too many. Jeff Royce, 2517 Huntington Avenue, spoke in opposition to the proposal. He felt profit is the motive rather than concern for neighborhood character. Scott Reid, 4121 W 28th Street, spoke on behalf of students at the bus stop at 26th and Huntington. The intersection at 26th St and France Avenue is a very dangerous at 7:15 each morning. There is a large speed difference coming off France and onto 26th Street Adding three houses would create a drastic change in this neighborhood. The Mayor closed the Public Hearing. Councilmember Finkelstein urged that the plans be changed because the existing proposal is not appropriate for neighborhood. The existing plan fits too many beautiful buildings onto too small an area. Putting a "T" stop will not fix an unsafe intersection. He felt that the talented people behind the project could create something very special. Councilmember Omodt stated that St. Louis Park, which is known for its public process, made a mistake by scheduling a Planning Commission meeting on Passover. He apologized to the neighborhood residents who were unable to attend this meeting and -raie tlieir concerns. He alsonote that itis not typical-for a neighborhood to be so opposed to a project. Omodt recommended that the developer make the neighborhood part of the process. He added that the traffic death was not mentioned in any of the reports he received and that he would not want to create more density at a bad intersection. Councilmember Santa asked whether vacating the utility easement would impact service to neighbor. Ms. Grove said that there will be no change in service to neighbors. Councilmember Velick stated her concern about traffic and pedestrian safety. She would like the driveway situation reworked City Council Minutes -5- May 3, 2004 Councilmember Basill was concerned about the lack of neighborhood involvement. Basill stated the City of St. Louis Park wants residents to be involved. Most of the time, the neighbors and developers find common ground and a better project results. He also stated his concern about the driveway and the crowding of the parcel Because there is no hardship in continuing the planning process, he recommended that the developer go back and work with neighborhood to come up with plan for two houses. Mayor Jacobs stated his concern about the lack of public process. He asked the City Attorney if the council could defer this for a while to address the public process and safety issues. Mr. Scott responded that the application decision is within a 60 day time frame; with the issues being raised, the review period may be extended to 120 days. This is a plat so discretion is more limited than if the applicant were seeking a PUD, conditional use permit or variance Mr. Scott said the hardship issue is not applicable because there is no vanance. The safety issue can be considered because any subdivision has to meet basic safety standards. Safety and arrangement of lots and driveways are legitimate issues that merit a further look. Mayor Jacobs said this is the first time Council has been presented with this application, and he is concerned about three houses being constructed on a two house lot. Architect Charles Stinson stated that the process began nine months ago. They have worked with the Planning Department as well as real estate attorneys He feels they have met with neighborhood and received positive response from other neighbors who feel uncomfortable at public meetings. The meetings with the Planning Commission were also positive. He stated their goal is to meet the ordinance requirements and do something good for City and neighborhood. The easement is needed because the area is plotted for four lots and the original four lot easement was never vacated when the original house was built. He added that they would not install an unsafe driveway; no one will be backing onto street. In addition, the architecture and landscaping will blend in with the neighborhood Shane Cohen, Cohen Partners, said he is very familiar with community and fear of change. They design within a context and he felt there is a diversity of setback lines. Cohen said the neighborhood did not want to engage in the process if the proposal was for three houses; therefore, the invitation was not acceptable. He stated that the houses will contribute to the neighborhood, and feels the density issue is not valid Councilmember Sanger talked about the quality of their architecture and design, and said their reputation was not at issue. The issue is that the proposal does not fit with the neighborhood, and the neighbors do not share their concept. Sanger said no one has called to say, "I think this is a great idea." However, she has received many calls with concerns about safety and density. Many near miss accidents are not reported. The proposed driveway meets the distance specifications but does not take into account the unusual intersection. She stated that she had a near miss accident at this intersection on her bike. Councilmember Sanger stated concern about "shoehorning" three houses into the lot. While the technical zoning code requirements may have been met, the spint of the zoning City Council Minutes -6- May 3, 2004 code has not. She said the Planning Commission was not happy with this plan, and its vote was not a ranging endorsement of plan. St. Louis Park has a goal of creating well appointed, move-up housing. She asked Mr. Stinson to rework the plan and gain community support. Mr. Stinson stated they were told there could be three building sites and bought the property. Mr. Stinson said he wants to go ahead with the three houses. He stated that they have been working on the plan for nine months and the Chair of Planning Commission was very supportive as were one or two other commissioners. He has met every legal requirement and feels everyone will like the finished project. His vision is for three homes. He disagrees with the idea of two homes on site, and all of open space requirements. He stated that the landscaping will far exceed what is required, sidewalks will open lines of vision, and the intersection will be safer. Councilmember Sanger questioned how Mr. Stinson could tell what is good for the neighborhood. Mr. Stinson replied that they have done a good job in other areas, and said he knows that change is difficult. The "pocket lot" is difficult because everyone feels they own it. The lot has been vacant for several years, and he has tned other proposals. The last person who wanted to build on the site backed off because the City wouldn't allow as many garage stalls as desired, and that home was bigger than all three homes combined. He feels he has been sensitive to the lot. He has hired others to help him do the best job. Our experience tells us this is the best for the neighborhood. . Councilmember Sanger said she had no objections to the architects or builders: only the density and safety issues. She stated that it takes longer to make decisions in St. Louis Park, but better solutions result. Councilmember Finkelstein said it is clear that everyone wants him to build in St. Louis Park, however, he believes three houses are too many. The council understands that he doesn't build big homes and that he cares about his work. Is there a way for community needs to be met? 1 Councilmember Omodt spoke of other multimillion dollar local projects that took 17 neighborhood meetings before agreement was reached. The record indicates the neighbors have not been taken into consideration and should be engaged in the process He suggested stepping back for 30 days or so. Mr Cohen said the neighbors would not come to a meeting when the three house plan was proposed:"ee said Che code does not require them to meet with the neighborhood. Councilmember Sanger said that a higher standard is at issue. She said she would have preferred the applicant voluntarily reconsider and converse with the neighbors. Mr. Stinson said he was not going to back down from three lots, but if the neighborhood is willing to talk about what we want to do with three lots, then he would be willing to do that. It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to defer this item to a study session for further discussion. City Council Minutes -7- May 3, 2004 The Mayor said he understood the developer would prefer a vote this evening, but the 60 day time frame can be extended to 120 days. Therefore, the council is not required by law to act tonight. Councilmember Basill asked that background on the safety issue be included and analyzed. Councilmember Finkelstein and Santa asked for accident reports and any public documents. Motion passed 7-0. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to review Ordinances to assure in future there is not a "geometric configuration" to avoid odd shape lot parcels in subdivision and to request staff to look for modifications for future application. Motion passed 7-0. 6b. Public hearing to consider request of Ulteig Engineers (Qwest Corporation) for an easement to locate telecommunication equipment cabinets on a portion of Bronx Park. Ordinance No. 2269-04 Ms. Erickson presented the staff report. An engineering firm working as consultant for Qwest is installing cabinets throughout City to provide DSL access. City staff asked that a cabinet not be put where intended on 28th Street, because it would destroy the root system of a tree. The City proposed an easement be granted to save the tree The value of the easement is $500, and the City has received a check in that amount. Bob Winger, Ulteig Engineers, does all right-of-way work for Quest Communications Minnesota. In putting a large number of these cabinets in most communities, they are buying easements and providing landscaping. Mayor Jacobs opened the public hearing. Mayor Jacob closed the public hearing. Councilmember Omodt wanted to make it known holes were dug by "the phone company" in his yard, without anyone's permission, and didn't come back to fill in. Mr. Winger has asked the workers to knock on doors. Councilmember Finkelstein asked for people to call Ulteig Engineers at 763-571-2500 if they find holes dug in their yards without permission, assuming it is the phone company. Councilmember Velick wondered how neighbors would know it was Qwest digging up the yard and if any signs were put up to let people know. Mr. Winger responded sometimes a community is notified and a permit is applied for. Councilmember Sanger wanted clarification from Ms. Erickson that DSL service is expanded by doing this work. Ms Erickson concurred. City Council Minutes -8- May 3, 2004 It was moved by Councilmember Sanger, seconded by Councilmember Santa, to approve Ordinance No. 2269-04 granting a utility easement within a portion of Bronx Park, approve summary publication and authorize publication. Motion passed 7-0. 7. Requests, Petitions,and Communications from the Public - None 8. Resolutions, Ordinances, Motions 8a. Public Safety Dispatch Union Contract 1/1/04-12/31/05. Resolution No. 04-056 Ms. Gohman reviewed the Public Safety Dispatch contract of a two year settlement for 2004 and 2005. In general, this is the same pattern for wage and insurance as the other contracts. For 2004, the wage increase is 2% in January and 1% in July. For 2005, a 3% increase is proposed For 2004, insurance is the same increase as other groups: $45 a month addition to cafeteria of benefits. For 2005, the employer's contnbution is the same as other employee groups. She stated that the firefighters contract is still outstanding. Councilmember Velick wanted to confirm this was on 911. She stated discussion has been taking place regarding combining services with other communities and questioned whether this contract affect that. Ms. Gohman replied if St. Louis Park is the City with the contract, they would come to work under this contract agreement It was moved by Councilmember Sanger, seconded by Councilmember Santa to adopt Resolution No.04-056 approving a Labor Agreement between the City and Law Enforcement Labor Services(LELS)#220, establishing terms and conditions of employment for two years 1/1/04— 12/31/05 accept Public Safety Dispatch Union Contract. The motion passed 7-0. 8b. Proposed Amendments to St. Louis Park Ordinance Code (Zoning) relating to allowing City staff to approve temporary signs in the public right-of-way, to allow non-commercial messages on private signs and to reduce the required front yard for signs in the I-P Industrial Park Zoning District. Case Nos. 04-06-ZA Mr. Mornson gave an overview of the proposed amendments relating to signs. He stated the front yard sign requirements in both the Commercial and MX District is 5', so the fact that the IP District is required to be 50' is out of line. This amendment would align it with the Industnal and Office Districts. The other provision reviewed by Planning Commission refers to noncommercial speech. The Planning Commission recommended a denial to the Council. That provision would allow a commercial property to replace some of their commercial wording with a noncommercial message. For example, Super Amenca can take down their SA sign and put up "Go Vikes" or some other statement or opinion. City Council Minutes -9- May 3, 2004 City Attorney Tom Scott stated on-premise signs and off-premise signs deny the ability to display a non-commercial message. He recommended approving the alternative No 2 amendment, which includes the setback reduction and the proposal for noncommercial speech. Mr. Scott added there have been some first amendment issues around billboards recently. If a commercial business wants to use any of its existing signage for a noncommercial message, this provision makes it clear We can't restrict noncommercial speech more on premises signs then we do on billboards A billboard can have a noncommercial message, so we need to also allow business owners to use their own messages on premises signs also. The Planning Commission thought it was already prohibited, but it is not. Councilmember Sanger needed some history and questioned if there was a problem. Mr. Scott said this issue has only come up with billboard companies. After reviewing the ordinances, it is recommended to have a specific provision. Councilmember Sanger asked if potentially offensive messages were non-commercial, would they be seeking advice from the City Attorney She questioned if we permit non- commercial messages on these signs, are we going to be doing case by case review for content? Mr Scott responded no. Councilmember Sanger believed the standards for what is acceptable noncommercial speech is stncter than if it is an individual's sign. If this is approved, could there be offensive messages? Mr. Scott said this amendment doesn't change any of that: it only equalizes the standard between two different signs It was moved by Councilmember Santa, seconded by Councilmember Finkelstein to approve 1 S` reading of the ordinance alternate No. 2 amending Section 36-362 (Sign Ordinance) as recommended by the Planning Commission with the exception that the provision allowing non-commercial speech be included in the ordinance as recommended by the City Attorney, and set second reading for the May 17th City Council meeting. The motion passed 7-0. 8c. Request by Mark Carlson for a Conditional Use Permit to allow windows in the second story of a detached garage and to allow the upper story of the detached garage to be finished and used as a hobby room together with three variances to allow the detached garage to be placed in the front yard, a nine foot variance to the required nine foot side yard and to allow the detached garage to be taller than the house. Case Nos. 04-09-CUP and 04-10-VAR 4332 Brookside Ave. Resolution No. 04-058 Mr. Momson presented a staff report on Mark Carlson's request for a Conditional Use Permit regarding a second story of the garage at 4332 Brookside Ave. and three vanance requests. He stated that the garage fits the scale and character of the neighborhood and recommended approving the conditional use permit City Council Minutes -10- May 3, 2004 Councilmember Sanger indicated she does not understand the hardship for the height vanance. Mr. Scott replied the height vanance exceeds height of the house. Mr. Morrison said it meets the overall height of accessory buildings. Mr. Scott said it becomes more of a policy for others. Councilmember Basill said he found it to be a unique property that will be an asset to the neighborhood; however, he wondered about 7' versus 9'. Mr. Morrison said it is a building code issue. Councilmember Sanger wondered if the garage would still be taller than the house without the hobby room portion. Councilmember Omodt wondered if the City plows Hobart Lane. Mark Carlson, 4332 Brookside, said the City does not plow and that the neighbor takes care of it. It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt Resolution No. 04-058 approving the variances to allow detached garage to be placed in the front yard, a seven foot variance to the required nine foot side yard and to allow the detached garage to be 6 feet taller than the peak of the house all based on the findings and subject to the conditions recommended by staff, and to adopt Resolution No. 04-059 approving conditional use permit to allow windows in the second story of a detached garage and to allow the second story of the detached garage to be finished as a hobby space., and the conditional use permit to allow the windows and the second story. The motion passed 7-0. 8d. First Reading of Proposed Ordinance to Restrict the Feeding of Canadian Geese Mr. Vaughan gave a report about a goose removal program through the Minnesota Department of Natural Resources and the University of Minnesota. He stated an average of 125 geese have been removed annually. The proposed feeding ordinance is another tool for managing the population of geese in St. Louis Park. When geese are fed they congregate. At this time, there is concern about several parks, including Wolfe Park. A feeding ban ordinance for deer management has worked well for managing that population Councilmember Sanger said geese are a hazard for home lawns and traffic She - recommends the puNic be educated about the issue and the ban. She would also like the deer ordinance to be more strictly followed. It was moved by Councilmember Finkelstein, seconded by Councilmember Santa to approve first reading of proposed ordinance restricting the feeding of Canadian Geese in the City, and set the second reading for May 17, 2004. The motion passed 7-0 9. Communications City Council Minutes -11- May 3, 2004 The City Manager gave a report regarding Passover and the Planning Commission's schedule of meetings. He said meetings are scheduled in compliance with the City's approval policy for Jewish and Christian holidays, but a better job can be done in terms of scheduling meetings around these holidays. Arbor Day is Saturday, May 8th and trees will be planted along the bike trail near Highway 7. Meeting adjourned at 9:50 pm. /—)167-49—.1/..2Z41*- - I ,/ , betipoll City Clerk Ma,or ,