HomeMy WebLinkAbout2004/06/07 - ADMIN - Minutes - City Council - Regular itrAY OFFICIAL MINUTES
ouqs CITY COUNCIL MEETING
PARK ST. LOUIS PARK, MINNESOTA
June 7, 2004
1. Call to Order
Mayor Jacobs called the meeting to order at 7:35pm.
Council members present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Paul Omodt, Susan
Sanger, Sue Santa, and Sally Velick.
Staff present City Manager(Mr. Harmening), City Attorney (Mr. Scott), Community
Development Director(Mr. Locke), Engineenng Development Manager(Mr. Olson), Associate
Planner(Ms. Grove), and Recording Secretary (Ms Teagarden).
2. Presentations
2a. Retirement Recognition
Mayor Jacobs presented proclamations and plaques recognizing the retirement of the
following employees.
Michael Higgins, 27 years of service in the Utilities Department.
Officer Phil Soltvedt, 28 years of service in the Police Department.
Officer Doug Pieper, 27 years of service in the Police Department.
2b. League of Women Voters Proclamation
Mayor Jacobs presented a proclamation to the League of Women Voters in recognition of
their 50th Anniversary.
3. Approval of Minutes
3a. City Council Minutes of May 3, 2004
Councilmember Sanger: Page 6: top of page Biltmore Addition: add Councilmember
Sanger said she had a "near miss" accident on her bike last year at this intersection.
Councilmember Sanger: Page 6• next paragraph, 2nd line insert while the technical zoning
requirements "may" have been met.
The minutes were approved as corrected.
3b. City Council Minutes of May 17, 2004
Councilmember Omodt: Page 9, Item 8c: Motion vote should read: The motion passed 6-1
(Councilmember Omodt opposed).
The minutes were approved as corrected.
City Council Minutes -2- June 7, 2001
3c. Study Council Minutes of May 10, 2004
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 appropriate section of the regular agenda for discussion
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(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 adopt Ordinance No. 2273-04 to vacate a portion of a street and utility
easement at 3745 Louisiana Ave lying west of Monitor Street as requested by Sam's Club
(Wal Mart Stores, Inc), approve 2nd reading of 'Ordinance, approve summary and
authorization publication.
4b Motion to adopt Ordinance No. 2272-04 proposed Fee Ordinance Code modification
adding additional garbage service levels over 180 gallons and to approve 2nd reading of
Ordinance, approve summary and authorize publication.
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4c Motion to adopt Resolution No. 04-070 authorizing the removal of permit parking
restrictions in the former American Legion area.
4d Motion to approve Resolution No. 04-064 for Officer Phillip Soltvedt, Resolution No.
04-065 for Officer Douglas Pieper, Resolution No. 04-066 for Michael Higgins, Utilities
Department Field Supervisor in recognition of their retirement and appreciation for their
contributions.
4e Motion to approve Resolution No. 04-071 authorizing final payment to Knish
Corporation for satisfactory completion of the constrtiction of the 2002 sidewalk
improvement project, as per Contract No. 129-02.
4fMotion to authorize the Mayor and City Manager to execute an Encroachment
Agreement with the Luftmans,4159 Utica Avenue South, for use of City right-of-way for
placement of a fence.
4g Motion to approve Resolution No. 04-072 authorizing final payment to Meisinger
Construction Company, Inc. has satisfactorily completed work on the Rec Center's west
arena renovation, as per Contract No. 28-03.
4h Motion to accept for filing the Planning Commission Minutes of April 21, 2004
4i Motion to accept for filing the Human Rights Commission Minutes of April 21, 2004
4j Motion to accept for filing the Planning Commission Minutes of May 5, 2004
4k Motion authorizing Mayor and City Manager to execute a quit claim deed related to the
Sam's Club Project. '
41 Motion to approve Resolution No. 04-073 approving plans and specifications and
authonzing advertisement for bids for construction and installation of a high-speed fiber
optic network to connect certain City buildings.
City Council Minutes -3- June 7, 2001
4m Motion to approve Resolution No. 04-074 calling for a public hearing by the City
Council on the proposed establishment of the Elmwood Village Tax Increment Financing
Distnct within Redevelopment Project No. 1 (A Renewal &Renovation District).
4n Motion to accept for filing the Vendor Claims (Supplement)
It was moved by Councilmember Omodt, second by Councilmember Velick, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
6. Public Hearings
6a. Public Hearing and Assessment Hearing: Alley Paving—7600 and 7700
blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island
Avenue. Resolution No.s 04-067 and 04-068
The staff report was given by Mr. Olson. He stated the City received a petition from the
owners, with 78% in favor of paving their alley. Property owners received notification of
meeting and costs. Pending approval, the project will be advertised in June, bids open in
July, and construction in August and September.
Mayor Jacobs opened the Public Hearing As no one came forward, the Mayor closed the
public hearing subject to the nght of Council to reopen it.
Councilmember Santa questioned how long residents would be prohibited from using the
alley Mr Olson responded the curing period for concrete was 7 days. Councilmember
Santa sought clarification of the interest charged over 20 years, and if residents could
prepay Mr. Olson responded certification of the assessment is made on November 30,
2004 Once a project is completed the costs are certified, and the exact cost of
assessment to each parcel is known. The owners can chose to pay the amount prior to
November 30, 2004 to be free of the interest payments. Councilmember Santa sought
clarification of assessment if the property is sold prior to pay-off. Mr. Olson said the
assessment goes with the property.
It was moved by Councilmember Santa, seconded by Councilmember Finkelstein, to
adopt Resolution No. 04-067 ordering the construction of a concrete alley in the 7600
and 7700 blocks of Edgebrook Drive, Project No. 03-15, approving plans and
specifications and authorizing receipt of bids.
The motion passed 7-0
Mayor Jacobs opened the assessment hearing. As no one came forward, the Mayor
closed the hearing subject to the right of the Council to reopen it.
It was moved by Councilmember Santa, seconded by Councilmember Basill to approve
Resolution No. 04-068 adopting the assessment improvement in the 7600 and 7700
blocks of Edgebrook Drive between Pennsylvania Avenue and Rhode Island Avenue,
Project No. 03-15.
City Council Minutes -4- June 7, 2001
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public—None.
8. Resolutions, Ordinances,Motions
8a. Request by Charles Stinson for preliminary and final plat approval for
Biltmore Addition with a petition to vacate a utility easement.
Case Nos 04-12-S & 04-13-VAC, 2545 Huntington Ave S
Ms. Grove presented the Staff report. She stated a justification letter and revised plan
was received from the applicant. Ms. Grove said each of the properties highlighted in the
letter from the applicant's attorney were platted before 1971, which is when the
subdivision ordinance adopted the side lot line requirement. Ms. Grove distributed a list
of this information to the Council and developer. She stated the developer held a
neighborhood meeting with the residents and the discussion included background history,
progression of their ideas, the three alternative layout plans, and the neighborhood
concerns She described the three alternative layout plans submitted by the applicant and
the three options for approval.
Mr. Locke indicated there were three different alternatives for council evaluation and
council action. The two items to be specifically addressed for action and resolution are
the current plat proposed in March with the angled lot, and the request for a vacation of a
utility easement. The third item is the original three rectangular parcels proposed in the
plat in January If the third alternative item is preferred, action is needed to deny the
current March angled lot plat, to approve the easement vacation, and to direct staff to
bring a resolution of approval as well as findings of fact for the original January
rectangular lot plat. In case of a vanance request, any conditions Council would want to
add should be included in the motion.
Serge Rudaz, 2600 Huntington Avenue stated the triangular lot proposals are in direct
conflict to the code. He indicated there is no curve at the intersection of 26th and
Huntington as the grid is rectangular; the serrated lot line is not perpendicular to a street,
and the lots would have no street address. Mr Rudaz felt the only proposal left for
Council is the original plat drawing and urged the vanance not be granted
Mark Hager, 4110 West 25th Street, stated he had over 40 signatures from immediate
neighborhood to voice opposition to the current proposal and that the code should be
applied Councilmember Sanger requested copies of the petition to the Council.
Jeff Royce, 2517 Huntington Avenue, stated opposition to the various plats submitted. He
said if the drawings of the subdivision were created prior to 1971, and the code was
updated afterwards, then he supports standing by the code.
LeAnne Stewart, 2544 Huntington, stated concern about how the Planning Commission
is working with the Biltmore Group despite neighborhood opposition.
Wayne Jenkins, 2601 Huntington, stated the rights of the property owners living there at
this time should be considered. He indicated approval of the diagonal option and giving a
variance is inconsistent with integrity of code. Mr. Jenkins stated he prefers 2 lots.
City Council Minutes -5- June 7, 2001
Bob Warshawsky, 2616 Glenhurst Avenue, felt the two house proposal is more palatable.
He stated that going back to first plan, if it requires a variance and the community doesn't
want three houses, that he recommends not granting the variance.
Howard Rosten, Attorney representing the Biltmore Land Group consisting of Charles
Stinson, Streeter and Assoc , and Coen &Partners consultants, indicated the Group was
told to continue working on this project by city staff and that the lot could be redesigned.
He stated the project meets all of the applicable zoning requirements and subdivision
requirements. A traffic study commissioned by Benshoof& Associates stated the project
will not cause additional traffic concern. The first plat requiring the variance is the most
preferable design. Mr. Rosten presented documents as part of the record (Clerks File No.
18), stating the Group does want to work with the City and requests approval of the plat
subject to staff's recommendations.
Sandra Berthene, 2607 Inglewood Avenue, stated she has never seen a lot line such as the
proposed. She does not feel that the Biltmore Group has a guarantee to build three
houses. She feels two houses would be fine and that traffic and safety is an issue.
Mr. Jenkins stated in the last year, the section of 26th Street between Huntington and
France on the north side has all become no parking due to traffic concerns
Councilmember Sanger responded to the comments made by Mr. Rosten for the Biltmore
Group. She stated the issue is sight lines and safety, not traffic volume She felt two
sections of the code were not addressed In refernng to the 2nd and 3`d lots, Subdivision
code requirements (Sec. 26-152 (b) 14) for irregular shaped lots states the developer shall
demonstrate to the city an ability to properly place principal buildings and accessory
structures which are compatible in size and character to the surrounding area.
Subdivision code requirement regarding minimum design features (Sec. 26-160) states
the design features are minimal and the city may impose additional or more stringent
requirements concerning lot size, streets and overall design as deemed appropriate
considering being properly subdivided. She stated additional design requirements will be
required to make houses smaller to have efficient space between them.
The first proposal does meet the requirement of lot lines at nght angles, but because of
the lot width issue, a variance would be required for three houses to fit. The design team
should have known these requirements before purchasing this lot. For these reasons none
of the proposals should be approved.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to direct
staff to prepare a Resolution denying the preliminary and final plat for the Biltmore
Addition, and to direct staff to prepare a resolution to deny the proposed ordinance
vacating the utility easements on Huntington Ave.
Councilmember Finkelstein said he believes two spectacular homes would aid the goal of
the City and add to the tax base He said as gifted as the architect and developer are, they
are not listening to the neighborhood and whose 2nd proposal is less safe than the 1s`one
in regards to West 26th Avenue.
City Council Minutes -6- June 7, 2001
Councilmember Finkelstein discussed Alternate Motion 3 as noted in the staff report, to
direct staff to prepare a resolution for the June 21, 2004 City Council Meeting, approving
the preliminary and final plat and variance for the Biltmore Addition, subject to
conditions recommended by staff with the followingrequirements:
1) That Lot 2 has a ground floor area limitation of equal to or less than 25%.
2) No driveway on West 26th Street.
3) Sight lines drawn up as recommended by City Staff.
4) Other requirements to prevent this from hajpemng again to include a specific
study of the whole intersection of West 26` Street, take necessary steps to protect
the vista from becoming eroded, steps to prevent "zig-zag" odd shape lots.
Councilmember Sanger questioned if the study had to be done and completed pnor to
approval of any plans for a subdivision of this parcel. Mr. Harmening responded if
Council is requesting staff to look at redesigning that.intersection and bring back a plan,
it may take longer than the time allowed to act on this plat by the first part of July.
Councilmember Finkelstein recommended the study of the intersection be done later.
Councilmember Omodt said he supports the motion made by Councilmember Sanger.
He stated he was not happy with the process used by the Biltmore Group and encouraged
the developer to work together with the wisdom of the neighbors.
Councilmember Basill also stated disappointment with the process by the developer. He
discussed the risks involved; and the merit to limiting ground floor ratio which he felt
would also be blocking site lines
Councilmember Santa said every variance request she has seen initiated was because of
an irregular shaped lot. After the developer has sold the homes, the residents have life
style changes, want to change, and are not able to do it without going through the
variance process. She stated she does not support the wedge triangle shaped lots,
however, she is very aware that there are four lots and reducing it from four lots to three
lots is better, but not as good as two lots. She does not support Councilmember Sangers
motion, but is in agreement with Councilmember Finkelstein's recommendations.
Councilmember Velick thanked the neighbors for coming to make their views known,
and found it unfortunate the process started out so wrong She recommends the builder
work with the neighbors, to have Huntington Avenue look good and 26th Street be safe
She supports the alternate motion by Councilmember Finkelstein.
Councilmember Sanger noted the builder has shown little flexibility and feels if approved
this would continue. All of the other irregularly shaped lots were approved and platted
prior to 1971, when the current ordinance went into effect. Legally it could be presumed
that this new section went into effect in order to prevent any further irregularly shaped
lots She felt there was a good argument for a legal case and interpretation of the
ordinance
Councilmember Omodt stated a legal case could provide clarity and make parties come
together
City Council Minutes -7- June 7, 2001
Councilmember Finkelstein voiced his concerns regarding a law suit and a negative
outcome. He stated the results could be four lots, a driveway West 26th,and an
expenditure of the tax payers money. He mentioned the advice from the City Attorney
was that it would be a difficult case.
Councilmember Basill pointed out that Councilmember Finkelstein's motion is a variance
with very specific contingencies He feels there would be more control in that process
rather than letting it go to court.
Councilmember Sanger asked the City Attorney to what extent the Council can put
additional types of limitations on a variance.
Mr. Scott replied the Council can put conditions on variances. They have to be
reasonable conditions, and they have to have some relationship to the particular variance
being requested In this particular case the variance is an exception to the lot width
requirement He stated there can be conditions on the location of the driveway, to put it
on Huntington rather than 26th Street. Secondly, there can be conditions on limiting,
within reason, the ground floor area of the home, because that is related to allowing a
smaller, corner lot. There may be other conditions, if they have some sort of relationship
to the variance.
Councilmember Sanger said she assumed another requirement could be not only the
amount of square footage, but the location of that square footage on the lot Mr. Scott
replied yes and the resolution would need some work on the specifics.
Bob Warshawsky, 2616 Glenhurst Avenue stated if this is a valid court case, money
should not be an issue And if variance is granted with conditions, what is the assurance
the builder will not sue?
Mayor Jacobs suggested we are in a much stronger position imposing conditions with the
variance than we would have otherwise. Mr. Scott responded that is true and in terms of
the subdivision ordinance, you are limited in discretion. A variance is an exception to the
general rules, so you do have discretion as to whether or not you grant it, and if you grant
it, what type of conditions you would impose.
The motion failed 2-5. (Jacobs, Santa, Basill, Finkelstein, and Velick opposed)
Mr. Rosten addressed the Council, and said if Councilmember Finkelstein's proposal is
going to be suggested, his client would work with the City on all of the issues that have
been raised, and continue to work with the neighborhood as well. He said it has not been
their intent to shut anyone out of the process, and that it was inadvertent if it occurred.
It was moved by Councilmember Finkelstein, seconded by Councilmember Santa to direct
staff to prepare a Resolution for the June 21, 2004 City Council Meeting, approving the
preliminary and final plat and variance for the Biltmore Addition, as requested in the
January 2004 application, subject to conditions as recommended by staff with the
following additional requirements:
1) That Lot 2 has a ground floor limitation of equal to or less than 25%.
2) No driveway on West 26`x' Street.
City Council Minutes -8- June 7, 2001
3) Sight lines drawn up as recommended by City Staff.
4) Allowing staff to look at further requirements and limitations to bring this
proposal to the extent feasible in harmony and character with the rest of the
neighborhood
Councilmember Omodt asked if the traffic concern on 26`h and France could be addressed
by City staff soon and suggested the speed trailer be.used.
Mr Harmening responded he would talk to engineers regarding a short term solution, but
the longer term fix of this issue will take more time.,Councilmember Sanger mentioned
several councilmembers spoke with Hennepin County a year or two ago on the question
of what can be done on France Ave going through Lake Forest and Fern Hill, in terms of
narrowing the street and dealing with the intersection at 26th Street and traffic calming
measures
The motion passed 5-2 (Sanger and Omodt opposed).
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that
immediate steps are taken to make 26th Avenue safer, and to study this issue as part of the
overall France Avenue issue.
The motion passed 7-0.
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that
we set up a Study Session dealing with the concern of the erosion of the vista on France
Avenue and to have a discussion of the subdivision ordinance to protect the larger
properties from being subdivided.
The motion passed 7-0.
It was moved by Councilmember Finkelstein, seconded by Councilmember Sanger, that
we study the issue of odd shaped lots to have consistency in the Code.
The motion passed 7-0
It was moved by Councilmember Santa, seconded by Councilmember Basill, to direct
staff to prepare an ordinance approving the vacation of the utility easement at 2545
Huntington Ave S.
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The motion passed 5-2. (Sanger and Omodt opposed)
It was moved by Councilmember Santa, seconded by Councilmember Velick, to direct
staff to prepare a Resolution for the June 21, 2004 City Council Meeting, denying the
preliminary and final plat for the Biltmore Addition, submitted March, 2004, based on
the findings set forth in the resolution.
The motion passed 7-0.
Mayor Jacobs thanked everyone who came out to speak on this issue.
City Council Minutes -9- June 7, 2001
8b. City Engineer's Report: W. 36th Street Water Improvement Project—Main
Replacement—Project No. 04-14
Staff report was given by Mr. Olson. Hennepin County Housing, Community Works and
Transit grant funds were awarded and will be available for infrastructure improvements
which would upgrade the watermain on West 36th Street between Brunswick and Webster
Avenues from a 6 inch to a 12 inch main.. The larger water main will provide increased
capacity to serve homes and multi-story buildings and the intensified land use in the
Elmwood Area. Because the water main is located underneath West 36`h Street, both east
bound lanes will be closed to traffic. The contractor will work a block at a time, allowing
traffic to be detoured Staff mailed notices to businesses and property owners. Staff met
with three businesses in the area with concerns: Hoigards; Pechiney Plastics, and The
Unpainted Place. The costs of approximately $387,000 will be primarily funded through
the grant received and additional money required will come from Development/TIF
Funds. He indicated construction is expected to be completed in August and early
September.
Councilmember Basill asked clarification of rerouting the eastbound traffic. Mr. Olson
responded the detour will be routing the traffic down Wooddale Avenue, to enter onto
frontage ramp road, paralleling Hwy 100, and immediately exiting back onto Excelsior
Boulevard, crossing over the bndge, and entering the ramp to 36th Street.
Councilmember Basill questioned people on Hwy 7 taking a right onto Wooddale, rather
than just going east on Hwy 7 up to Hwy 100 Mr. Olson said when working in the
intersection, the proposed route is up to Hwy 7, and back down, connecting with the
detour. Councilmember Basill wants to make sure the detour is well marked, so that
people do not see that it is closed. He also talked about the neighborhood directly to the
west of Burlington Coat Factory, where others could get lost by taking a wrong turn. Mr.
Olson said there will be plenty of signage to direct them through the zone. These will be
very short term, a few days detour at most Generally, local traffic should be able to
navigate to home
Councilmember Basill reiterated with this type of upgrade, adequate water pressure will
be supplied to all of the neighboring houses and single family homes.
A motion was made by Councilmember Basill, seconded by Councilmember Sanger, to
adopt Resolution 04-069 accepting the report, establishing and ordering Improvement
Project No. 04-14, approving plans and specifications, and authorizing advertisement for
bids.
The motion passed 7-0
9. Communications
Councilmember Finkelstein spoke of the Dollars for Scholars, a year long inspiring event at St
Louis Park High School Each year people from the community award scholarships to the
graduating class, and over one third of the class received over$50,000 in scholarships. For those
interested, it doesn't cost much to sponsor a scholarship, either the neighborhood association or
family. He indicated to contact the counseling office at the high school and get involved.
City Council Minutes -10- June 7, 2001
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The Mayor reminded everyone that next week is the Parktacular Event on June 18`h, 19th, and
20`h. The parade is on Friday evening at Excelsior and Grand Park Commons area, and
multitude events on Saturday and Sunday. Please bring your'families. The City's Website has a
link for Parktacular with a listing of the events
10. Adjournment
The Mayor adjourned the meeting at 9:30pm.
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