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HomeMy WebLinkAbout2009/01/20 - ADMIN - Minutes - City Council - Regular AT St. Louis Park OFFICIAL MINUTES MINNESOTA CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JANUARY 20, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 7:34 p.m. Councilmembers present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger. Councilmembers absent: None Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Planning & Zoning Supervisor (Ms. McMonigal), Management Assistant (Ms. Honold), Senior Planner (Mr. Walther), Public Works Director (Mr. Rardin), Assistant Planner (Mr. Fulton), Community Development Director (Mr. Locke), City Engineer (Mr. Brink) and Recording Secretary (Ms. Schmidt). 2. Presentations — None 3. Approval of Minutes 3a. City Council Special Study Session Minutes January 5, 2009 The minutes were approved as presented. 3b. City Council Minutes January 5, 2009 The minutes were approved as presented. 3c. Special City Council Minutes January 12, 2009 The minutes were approved as presented. 3d. City Council Study Session Minutes January 12, 2009 It was noted on page two, item #4, the fifth paragraph, should state: "... and suggested they study tiering and the effects on families." It was noted on page two, item #4, the third paragraph, second sentence should state: "...will have to be allocated per unit in a multi-family building and that they wanted to study that issue." The minutes were approved as amended. City Council Meeting -2- January 20, 2009 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. 4a. Approve Resolution No. 09-010 adopting the 2009-2013 Capital Improvement Plan (CIP). 4b. Waive Second Reading and Adopt Ordinance No. 2370-09 Vacating Easements for the Ellipse on Excelsior Redevelopment and approve the summary ordinance for publication. 4c. Approve for Filing Vendor Claims. 4d. Approve for Filing Parks & Recreation Advisory Commission Minutes October 22, 2008. 4e. Approve for Filing Housing Authority Minutes December 10, 2008. It was moved by Councilmember Carver, seconded by Councilmember Finkelstein, to approve the Agenda and items listed on the Consent Calendar. The motion passed 7-0. 5. Boards and Commissions 5a. Appointment of Citizen Representative to Boards and Commissions It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to appoint citizen representative Anthony Deos to the Human Rights Commission filling a vacancy for a term expiring December 31, 2010. The motion passed 7-0. 6. Public Hearings 6a. Creation of Special Service District No. 5 - Park Place Boulevard from I-394 to Cedar Lake Road Mr. Walther presented the staff report. No speakers present. Mayor Jacobs closed the public hearing. City Council Meeting -3- January 20, 2009 It was moved by Councilmember Sanger, seconded by Councilmember Basill, to approve First Reading Ordinance authorizing creation of Special Service District #5 and schedule Second Reading of Ordinance for February 2, 2009. The motion passed 7-0. 7. Requests, Petitions, and Communications from the Public— None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Benilde-St. Margaret's (BSM) Athletic Facility Improvements Resolution Nos. 09-011, 09-012 and 09-013 Mr. Fulton presented the staff report. Doug Cooley, Benilde-St. Margaret's (BSM), acknowledged the members of their team, Mary Jetland, Dr. Bob Tift, Dean Beeninga, Graham Sones, Dan Cincoski, Ron Spoden. He gave an overview of the improvement request. Stan Jurgensen, 2309 Westridge Lane, stated concern with the noise and the fact that BSM's additional plans were not in writing. He also suggested the field be allowed outside use no more than four times a year. Nicholas Slade, 2316 Westridge Lane, stated he felt the current noise at BSM does not comply with the ordinance. He asked that serious enforcement be placed into the CUP, further suggesting that failure could result in suspension. Mr. Slade asked that some sort of time operation restrictions apply, such as: no Sundays; decibel limit; limiting music to 20 prior to play; allowing only one electronic amplifier and light set being used at one time; restrictions on allowing outside field usage; sound checks by the City and non-school session usage, such as in the summer. Joy Peterson, 2301 Westridge Lane, stated she agreed with Mr. Slade's conditions. She also stated concern with the music content and agreed that more conditions should be put into the CUP to ensure compliance and assurance. Robert DeMay, 2505 Quentin Court, thanked BSM for resolving their concern with the storm water drain issue. He also stated there were still unresolved concerns with the tree buffer on the east side of BSM's parking lot, stating it is an important buffer and they would like those trees left, also asking for a fence. Mr. DeMay stated that the association strongly disagreed with the planning staff's interpretation of section 36.36 of the zoning code, and asked that his presented correspondence be accepted into the record. He further stated concern and questioned the policy of allowing a major alteration without the requirement that all existing uses be brought into full compliance. City Council Meeting -4- January 20, 2009 Duane Krohnke, 2505 Princeton Court, stated distress and disappointment with staff in what he felt was a failure to address the tree concern from a previous resolution requirement. He stated that he thought field 5 was created without notification to the neighborhood and/or the City. Mr. Krohnke stated his frustration with the configuration of field 5 as its close proximity to their homes. He also suggested Council deny the proposal and adopt the amendments they have proposed or table the proposal to allow for feedback and answers to the questions provided here tonight. Sharon Abelson, 4340 Cedarwood Road, President of the Lake Forrest Association, complimented BSM for taking the time to meet and listen to resident's input. She also reminded Council of the 1999 agreement, listing the steps BSM agreed to take to reduce the noise, stating many have not been met and that's where the neighborhood frustration comes from. Jim Hanlon, 2202 Parklands Lane, stated concern with parking and traffic access from BSM, asking that access on the north be restricted to staff only. He stated he was happy to hear that BSM was within the noise ordinance requirements, asking that the City re-evaluate the issue because it is still quite loud. Councilmember Sanger stated she was recently made aware of a pamphlet that was passed out to the Lake Forrest neighborhood, relating to a proposed bus drop off. She clarified it was not part of the proposal. Councilmember Sanger stated she felt there were a lot of good things in the proposal provided by BSM. She also suggested that the big issues mentioned that were not resolved were capable of being worked out, such as noise, the tree issue, and the absence of the 25' non-conforming setback. Councilmember Sanger stated she felt the conditions were not yet fully developed and asked Council to table the proposal for more discussion. She stated this would allow time to answer some of the questions and resolve some of these issues. Councilmember Finkelstein felt it should not be tabled, stating he is in support of the proposal. He also stated he would encourage BSM to look at restricting lighting and sound for some sporting events, further asking BSM to continue to work with the neighborhoods to address their concerns. Councilmember Omodt also agreed that it should not be tabled. He asked for clarification on actual resolution conditions. Mr. Fulton stated the actual resolution for the major amendments and special permits start on page 14. Councilmember Omodt asked if it was common practice to list the Community Development Director as a referee. Mr. Fulton stated the inclusion was so that staff is notified of these meetings, further stating he would not really serve as a referee. City Council Meeting -5- January 20, 2009 Councilmember Omodt asked if this resolution would restrict BSM from hosting future beneficial events. Mr. Fulton stated temporary or emergency situations would be allowed; however, regular use by other schools or organizations would require a special permit. Councilmember Omodt asked if the City has ever measured sound over 65 decibels. Mr. Fulton stated that Inspections Development monitors this and has found no issues. Councilmember Omodt asked if any proof could be provided by BSM putting a 65 decibel limit on their system. Mr. Fulton stated the Inspection Department monitors this and has found no issues. Councilmember Omodt asked for clarification on what side the 25' setback was. Mr. Fulton stated the south side. Councilmember Omodt then asked for clarification on the 11' (field 5) issue. Mr. Fulton explained that the proposal is to put a fence at the 11' property line and change the field use. Councilmember Omodt asked if there was space on the Princeton Court properties to plant trees as a buffer. Mr. Fulton stated Princeton Court has offered to do so, stating that once the current trees are fully developed they will provide canopy on the Princeton Court property. Councilmember Paprocki stated he would be interested in feedback on what the system will have relating to the 65 decibel. He also suggested a change to item 5c to state: The applicant shall install and "maintain" a device governing all outdoor amplified sound systems on the site to be in compliance with the City's noise regulations. Councilmember Paprocki clarified the concern of BSM not being in full conformance, noting the conditions state: to extend to as reasonable as possible to be brought into greater or complete compliance with the general provisions of the zoning ordinance. He further stated they don't have to meet all. Councilmember Basill stated he understood the concerns, further stating the pros outweigh the cons and the proposal was reasonable in the expectations. Councilmember Finkelstein asked Dr. Tift if they would consider not utilizing both light and sound for both varsity soccer and varsity Lacrosse. Dr. Tift stated they are scheduled by their conference for many combined usages, but would try to limit multiple use whenever possible. Dr. Tilt also stated they are looking at purchasing a system that would limit the decibels. Councilmember Finkelstein also asked Dr. Tift to possibly meet with Princeton Court representatives on the tree concern. Dr. Tift stated they were willing to work with them, noting the proposal includes tress on both sides of the fence. City Council Meeting -6- January 20, 2009 Councilmember Sanger moved to continue the issue until the second regular Council meeting in February to allow representatives from north and south neighborhoods to meet with BSM and staffto work out any additional conditions. Ms. McMonigal noted the deadline for this proposal was February 15th. Councilmember Sanger moved to continue the issue until the first regular Council meeting in February to allow representatives from north and south neighborhoods to meet with BSM and staff to work out any additional conditions. Mayor Jacobs stated since there was no second, the motion remained unmoved for lack of a second. It was moved by Councilmember Paprocki; seconded by Councilmember Basill, to adopt Resolution No. 09-11 approving a Major Amendment to a Special Permit for Athletic Facility Improvements at 2501 Highway 100 South and adopt Resolution No. 09-12 approving a Conditional Use Permit for floodplain modifications at 2501 Highway 100 South, and adopt Resolution No. 09-13 approving a Conditional Use Permit for fill in excess of 400 cubic yards at 2501 Highway 100 South; with the inclusion of "... and maintain... "to item 5c of the proposal and substituting 30 minutes for 45 minutes of item 5d. Councilmember Sanger asked if the maker would be acceptable to the proposal of friendly amendments to the motion. Mayor Jacobs asked Councilmember Sanger to state her suggestions. Councilmember Sanger suggested adding and additional item "51" stating: "The applicant shall continue to be in full compliance with applicable noise requirements." Councilmember Paprocki asked that that be left to the execution of the existing ordinances, stating he remained unmoved. Councilmember Basill explained the requirement is already stated under 5c of the proposal. Councilmember Sanger suggested adding a condition under 5d, limiting pregame music to 20 minutes and also add that there is no more than one amplified music session per day. Councilmember Paprocki stated he would be agreeable to 30 minutes of pregame music. Mr. Cooley stated it would be a restriction and reminded Council that the pregame music is used only for varsity games. Councilmember Basill thanked Mr. Cooley for the varsity clarification. City Council Meeting -7- January 20, 2009 Mr. Harmening reiterated that the sound system would be for varsity events only, which would amount to approximately 47 events per year. Councilmember Paprocki stated he would accept the 30 minute condition as a friendly amendment. Councilmember Sanger then asked if he would accept the request for no more than one music session per day. Councilmember Paprocki stated he rejected that amendment request. Councilmember Sanger suggested an amendment to item "k2" to add another sentence stating: "No sound system shall be used before 9 a.m. or after 9 p.m." Councilmember Paprocki stated he rejected that amendment request. Councilmember Basill stated he hoped there would be continued meetings and discussions between neighborhoods and BSM. The motion passed 6-1. Sanger opposed. 9. Communications - None 10. Adjournment The meeting adjourned at 10:09 p.m. Nancy Stroth, ity lerk JeffJ .b ay.r