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HomeMy WebLinkAbout2024/11/18 - ADMIN - Minutes - City Council - RegularOfficial minutes City council meeting St. Louis Park, Minnesota Nov. 18, 2024 1. Call to order. Mayor Mohamed called the meeting to order at 6:15 p.m. a. Pledge of allegiance b. Roll call Council members present: Paul Baudhuin, Tim Brausen, Sue Budd, Lynette Dumalag, Yolanda Farris, Margaret Rog, Mayor Nadia Mohamed Council members absent: none Staff present: City manager (Ms. Keller), city attorney (Mr. Mattick), deputy city manager (Ms. Walsh), associate planner (Ms. Champoux), community development director (Ms. Barton), administrative services director (Ms. Brodeen), finance director (Ms. Cruver), facilities superintendent (Mr. Eisold), legislative and grants analyst (Ms. Ferris), public services superintendent (Ms. Fisher), recreation superintendent (Ms. Friederich), public works director (Mr. Hall), engineering director (Ms. Heiser), building and energy director (Mr. Hoffman), police chief (Mr. Kruelle), zoning administrator (Mr. Morrison), interim fire chief (Mr. Scott), deputy city clerk (Ms. Scott-Lerdal), communications and technology director (Ms. Smith), financial analyst (Ms. Stephens), HR director (Ms. Vorpahl), planning manager (Mr. Walther) 2. Approve agenda. It was moved by Council Member Farris, seconded by Council Member Budd, to approve the agenda as presented. The motion passed 7-0. 3. Presentations. a. Observance of Transgender Day of Remembrance Council Member Baudhuin read the proclamation. Council Member Baudhuin stated as a parent of a transgender child and having lived in another community prior to St. Louis Park, he is grateful to be a citizen of this city and to have his child in St. Louis Park schools and churches where there is safe inclusion of transgender people. b. Observance of Small Business Saturday Council Member Brausen read the proclamation. He noted he is a small business owner and added that Small Business Saturday is observed on Nov. 30, 2024. Council Member Brausen encouraged all to support small businesses within St. Louis Park and to shop locally throughout the year. Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -2- Nov. 18, 2024 4. Minutes. a. Minutes of Oct. 21, 2024 city council meeting b. Minutes of Nov. 4, 2024 city council meeting It was moved by Council Member Rog, seconded by Council Member Brausen, to approve the Oct. 21 and Nov. 4, 2024 city council meeting minutes as presented. The motion passed 7-0. 5. Consent items. a. Approve boards and commissions appointments b. Approve Vision 4.0 Community Committee appointments c. Resolution No. 24-148 approving newly created 2024 -2025 Assistant and Battalion Chief labor agreement d. Second reading and adoption of Ordinances No. 2685-24 and 2686-24 various amendments to Chapters 6 and 8 of the city code e. Resolution Nos. 24-144, 24-145, 24-146 and 24-147 authorizing removal of stop signs at Wayzata Boulevard and Zarthan Avenue -Ward 4 f. Approve memorandum of understanding for joint participation in shared mobility request for 2025 applications g. Resolution No. 24-149 authorizing West End Office Park redevelopment environmental assessment worksheet – Ward 4 Council Member Brausen referenced item 5a, and stated the item approves appointments of 43 people to serve on to boards and commissions. There were over 80 applicants to the open positions and he thanked everyone who applied, noting that whether they were chosen or not, their willingness to serve and help govern St. Louis Park is most appreciated. He thanked those who were appointed for their patience during the process. Council Member Rog agreed and noted the 12 appointees to the Vison 4.0 committee who will help guide and shape the community with the city vision over the next year. She thanked them for their passion and their willingness to serve. Council Member Baudhuin added there are 11 young people who were appointed to boards and commissions and stated the city has a great group of students who are interested in government and serving. Council Member Brausen added there are still four openings for youth members and encouraged students to apply for those positions. It was moved by Council Member Brausen, seconded by Council Member Baudhuin, to approve the consent items as listed; and to waive reading of all resolutions and ordinances. The motion passed 7-0. Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -3- Nov. 18, 2024 6. Public hearings. a. Resolution No. 24-150 denying appeal of and upholding the Board of Zoning Appeals determination regarding 3330 Huntington Ave. S. – Ward 2 Mr. Mattick explained the process and procedure that will be used this evening. He also stated that Council Member Dumalag does not have a conflict of interest in this matter. Mr. Morrison presented the staff report. He noted letters from the public who were not able to attend the meeting tonight, which were available during the meeting and are included in the meeting record. Mr. Ramos spoke about the location of the sport court near his property line and stated they have investigated the issue in detail. He stated the Board of Zoning Appeals (BOZA) came to their decision with incorrect measurements and an arbitrary determination. He added the city believes the basketball hoop and the edge of the sport court are not the same thing and noted there is also a buffer space. Mr. Ramos stated the BOZA did not have the authority to change the language of the city’s zoning code, and noted there have been multiple errors with measurements and deadlines. He noted the court is still in use. He stated, as appellants, they insist the city applies the code and measure from the sport court and not the equipment. Ms. Moeding stated they put up a basketball hoop and did not plan to do a sport court. She stated Mr. Ramos has been approachable during this issue, but Mrs. Ramos has not. She stated Mrs. Ramos has been videotaping her two sons playing basketball and has also spoken in profanities to her husband. She stated they have loved their home and neighbors up until this situation. She stated the Ramoses have not liked their basketball hoop or their fence and added on Friday her husband was served with a restraining order, which in her opinion is filled with lies. She stated they have never been treated like this in their lives and she is worried Mrs. Ramos will lie to the police and get her husband thrown in jail. She stated Ms. Ramos said her husband is menacing and that is not true. She stated she and her husband are upset that their family is being attacked and the situation is very stressful. She is concerned about her children playing in their own yard. She stated they have offered to put up a net, so the basketballs will not go into the Ramos’ yard, and she apologized for the time that has been wasted on this issue. Ms. Moeding added she is embarrassed and sorry. Mayor Mohamed opened the public hearing. Elizabeth White, 4118 Randall Ave., stated noise is the issue and problem for Mrs. Ramos. She stated if one does not like noise in their neighborhood, perhaps they need to move out of a compact neighborhood and into the woods. She added they appreciate their neighbors and the fact that their boys play basketball and noted they understand noise to an extent is allowed within the law. Louann Carpenter, 3924 Randall Ave., stated she has lived in the neighborhood for 28 years and was the president of the neighborhood association for many years. She noted there are a lot of basketball hoops in the neighborhood and they all encourage kids to play basketball. She stated Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -4- Nov. 18, 2024 there is a health crisis with our children and we need to encourage them to play basketball. She encouraged the council to uphold what the BOZA has passed. Douglas White, 4118 Randall Ave., stated he grew up with parents who were small business owners. He stated he has not ever heard of someone who does not support playing basketball, and he supports it to keep kids in shape and stay out of trouble. He stated the owners are willing to put up a net to keep basketballs out of the Ramos’ yard and this should satisfy them. But he stated Mrs. Ramos does not like the sound of basketball, which is the issue. He stated they need to work something out and added they live in a delightful neighborhood where people are respectful of each other, and it is sad that this issue is happening. Paul Livdahl, 3332 Huntington Ave., stated he is the immediate neighbor to the south of the Moedings. He noted he has worked with neighbors in the past to set up a fence or move a shed and the neighbors have helped them. He stated they do not always agree with their neighbors, but they are respectful. He stated the Moedings are fantastic neighbors, and they have raised their boys to be the nicest possible kids. Jill Livdahl, 3332 Huntington Ave., noted the Moedings are a wonderful family, and they show their children what it is to be great parents. She stated for their boys to be afraid to play basketball makes her sad and she supports the Moedings and their children. Chris Denson, 3327 Huntington Ave., stated the boys usually play only 15 minutes per day and then they are done. He has known the Moedings for 17 years and there has never been a problem with them. He stated they have had him and his dad over for dinner multiple times and they are good people, and the kids should not have to suffer for this disagreement. Mayor Mohamed closed the public hearing. Mr. Mattick provided instructions to the council on making a determination on this item. Council Member Baudhuin asked if the city code states that basketball hoops are allowed only in back and side yards, but not in front yards. Mr. Mattick stated yes. Council Member Baudhuin asked where the line between the front and side yard is determined. Mr. Morrison stated in this case, the line is drawn along the front face of the house. Council Member Baudhuin asked where the basketball hoop falls within these definitions. Mr. Morrison stated the basketball hoop is located in the side yard. Council Member Rog stated council was provided with very thorough information from staff and the city attorney on this case and that is why there are no further questions. Mrs. Ramos explained she is not making the statement that there should be no basketball hoops in people’s yards, but we are talking about this particular location on the side where it is along the line of her driveway. She stated when there is any activity, it is very dangerous for anyone involved because the activity involves her driveway. She stated the Moedings have a large area behind their yard where they have other sports facilities, and they have ample places Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -5- Nov. 18, 2024 to relocate the basketball hoop. She stated she has not complained about any other noise or basketball hoops in other areas of the neighborhood but is complaining about this since it is right in front of her door. She stated she parks in front of her door; she is face-to-face with them, and she has to watch them from her kitchen. She stated if they were slightly moved back into their yard, this situation would be resolved. She added it has been very upsetting for her as she has never been in this type of situation before. She obtained the restraining order because grown men are coming into her backyard to retrieve basketballs, and she has no way to resolve this. She stated they have lied about her to others in the neighborhood, and those who spoke against her have never even spoken to her. She stated they do not talk to them, and there is plenty of evidence of harassment from the Moedings, and Hennepin County would not provide a restraining order if the evidence was not clear. She added the zoning code pertains to the sport court and not only to the basketball hoop. Council Member Rog stated the council has heard neighbor’s stories this evening, but the council is here to make a determination on whether it agrees with staff’s and city attorney’s opinion on city code, and should uphold that. She is sad to hear about what is happening in this neighborhood and hopes they can move forward to work this out together. She added on the matter of city code, she is in alignment with staff and the city attorney and will support their interpretation. Council Member Baudhuin agreed, and noted we are looking at how this situation fits the city’s code. He stated he is hearing ambiguity about the definition of a sport court related to the code and it seems clear that when there is ambiguity, the decision is in favor of the property owner in question. In this case, the property owner is the effected property owner, not the appellant. He thanked staff for all the information provided and will support staff’s decision on this. Council Member Budd agreed, will support the decision, and pointed out that in addition to staff’s opinion, the city council also has the planning commission/BOZA opinion. These opinions were influential to her as well. Council Member Brausen stated he appreciates everyone coming to share their opinions. He stated this is not a popularity contest on who is a good neighbor or not. He added this is about the equipment, the city code, and the five-foot setback requirement. He stated there could be some ambiguity here, but that is in favor of the homeowner, and he will support the staff and BOZA decision. Council Member Farris stated she also supports the staff decision. Mayor Mohamed added she is also in support of the staff decision and is in alignment with BOZA’s decision regarding the city code. She stated it was good to hear from each other and she appreciated everyone coming to the meeting tonight. It was moved by Council Member Dumalag, seconded by Council Member Baudhuin, to deny the appeal and uphold the Board of Zoning Appeals determination regarding 3330 Huntington Ave. S. – Ward 2. The motion passed 7-0. Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -6- Nov. 18, 2024 7. Regular business. a. First reading of cannabis zoning ordinance Ms. Champoux presented the staff report. Council Member Rog asked if there are any conditions under which the council needs to be consulted about the location of an operation, given this is planned to be wholly administratively decided. Mr. Walther stated in some zoning districts, the proposed site design could require a conditional use permit, and that would require council review, but those instances would be rare. Council Member Rog asked if appeals are anticipated. Mr. Walther stated the city’s conditions are object and easily measured, so it not expected. Council Member Rog asked if the state has started the lottery process for licenses yet. Ms. Champoux stated she does not believe the state has begun the process of awarding, yet Council Member Rog stated in St. Louis Park there are a couple of establishments that sell hemp products and asked if the city will be in the position to give priority to lower potency hemp businesses for licensing of cannabis sales. Ms. Champoux stated it has not been looked into any further. Mr. Walther added that it might come up when drafting the ordinance for the registration process. Council Member Brausen stated staff worked long and hard on this and it has been discussed by council in a study session reviewing these exact recommendations. He added it is a great framework in place and thanked staff. Council Member Rog stated she does have concerns about cannabis limitations in the Walker Lake area given its proximity to the high school and the required 1,000-foot buffer. She noted this concern in the study session and her concerns remain. Council Member Baudhuin stated he is in favor, but it is a little more restrictive than he would like. He added, however, that it is easier to loosen the parameters versus tightening them. He stated the city will continue to monitor. Mayor Mohamed added this is a good place to start and it has been a long conversation, with a balance between all the 50,000 people who live in this community. She thanked staff for their work. It was moved by Council Member Brausen, seconded by Council Member Dumalag, to approve the first reading of the cannabis zoning ordinance and set the second reading on Dec. 2, 2024. The motion passed 7-0. Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3 City council meeting -7- Nov. 18, 2024 8. Communications and announcements. Mayor Mohamed shared that several members of the council recently attended the National League of Cities Conference. At the conference, Mayor Mohamed co-presented with two other mayors, and shared information on the watermain break that took place in St. Louis Park a few years ago. She added there were also specialized work sessions and it was a productive time. Council Member Brausen noted the conference allowed for sharing learnings with other elected officials around the country, and this valuable opportunity is very useful and helpful. He thanked the city taxpayers for sending council members to the conference. Ms. Keller commented on the upcoming Thanksgiving holiday, noting activities for an inclusive holiday for all. Ms. Keller added on Dec. 2, the Truth in Taxation public hearing will take place. The city holds the public hearing each year as an opportunity to improve accountability for local government. On Tuesday, Dec. 10, there will be a meeting regarding legislative priorities, and on Monday, Dec. 16, the council will discuss and formally adopt the 2025 budget. Mayor Mohamed noted the city is hiring a new Fire Chief and she hopes applicants will come to apply. 9. Adjournment. The meeting adjourned at 7:52 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Nadia Mohamed, mayor Docusign Envelope ID: AFBC3F62-0817-4D90-A6B4-6110F5D71FA3