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Home My WebLink About1979/08/13 - ADMIN - Minutes - City Council - Regular1. 2. Call to Oi•der Roll Call �zNVTrs SPFCIA�L CIxY COUNCIL M��'�lNG ST . T��UIS P,ARK, MINNESOTA August 13, 1979 � special called to meet ing of tlr C i ty Counc il �r�$ order by President Pro Tem Hank� at 7:05 p.m. The following Councilmen were present: Ronald Backes Martha Elstrom Jertold Martin Lyle Hanks Keith Meland John Ralles Also present were the City Manager, City Attorney, Planning Director and Director of Public Worlcs . 3. Selection of Mayor; Resolution No. 6331 Selection of Mayor to f. ill vacancy created by resignation of Irving M. Ster�n. It was moved by Councilman Meland�, seconded by Councilman Elstrom, to adopt rules by which each Couneil member would cast two ballots; on the first ballot, a Council member may vote for two individuals and on the second ballot, each Council member may cast one vote for one of the two individuals receiving the largest number of votes on the first ballot. The motion passed 6-0. As directed by the President Pro Tem, the votes for the first ballot. Frank Howard highes t numb er of votes . Recording Secretary collected and Ted Rudy received the On the second ballot, Frank Howard received the highest number of votes. waiWas moved by Councilman Meland, second ed ve reading and adopt Resolution No. 6331, person to f ill vacancy in of f ice of mayor ," The motion passed 6-0. by Counci lman Backes , t� entitled "Resolution appo�nt�ng The City Manager was directed to 1 r as the f�X�t ' ' M item of business on the agenda ofPAuce installation of ayo applicants of the Counci ' gust 20, 1979, and notify the 1 s decision and its gxatitude for Cheir —230— int�xe'' �ity Council minutes, August 13, 1979 S eci.al Permits; �' Mi�nehaha Creek Special permits on Minnehaha Creek (deferred from July 16 and August 6, 1979). . The City Manager reviewed prior discussion by the City Council regarding this matter and explained two issues which arose dur�n8 the special permit request for 43 L3 Yosemite Avenue: the requirement of a lot survey and dedication of an easement . Councilman Backes explained that several other concerns which arose during consideration of the p ermit request had been answered; however, some issues exist regarding the overall plan to acquire easements along Minnehaha Creek. He stated the plan to acquire easements is alarming to property owners who have purchased houses and subsequently became aware of Che City's intent to purchase easements. The Planning D irector reviewed a report submitted to the City Council and described the existing requirements for dedication of easements. He explained that some prop erty in question was platted prior to adoption of the plan and would theref ore be exempt from this requirement . The Planning Director descr ib ed the Minnehaha Creek Easement Acquisition Plan and exhib ited those areas where publicly owned land and easements exist. In response to a question from the President Pro Tem, the Planning Director explained the term "taking" as it relates to acquiring easements may be misleading and confusing to the public. He also clarified those areas f or which the City had acquired f ee title versus an easement . In response to a question from Councilman Bacices, the Planning Director explained the basic difference between F-1 and F-2 Zoning Districts is elevation; the F-1 District being the floodway, actually carries water and no building is allowed, and the F-2 District being that area which holds water during f lood periods and building is allowed �only if it does not restrict water movement and must withstand water penetration. iie added that both zoning classifications are required bWeahFederal floodederal governments, and aff ected residents would not be allo insurance without these classif ications. In response maintenance Creek. to PresidenC Pro Tem Hanks, the is a principal reason for public Councilman Elstrom suggested that easements and easements acquired City Manager explained that easements near Minnehaha the City disting uish between maintenance for recreational purposes. Councilman Meland called the Council's publicly owned parcels along Minnehaha rather than easement. attention to the large number of Creek which are held by fee ritle n distri�t5� �ouncilman Melan�� stated Regardin land uses in various zoni g owner it is the res onsibilit of the City to inform a proper�y Ne added ir p y the Zoning Ordinance• restrictions placed upon property bY ermit of a properrY °Wn�r is unfair to require a survey and special p because his or her property is within an F-2 District. -231- City C ouncil minutes, August 13, 1979 4g Brookside Avenue, explained he bought the house and Alden Syverson, �3 ives in 1968 and questioned whether his land near lot jn Wh��h he dicated for easement purPoses as shown on the City's the Creek was de illustratian• �2 Wao� Lane�, eXPressed concern about long-term objectives Greg Mack, 56 uestioned whether plans exist for a parkway or for Minnehaha Creek and Q trail along the Creek. He referred to the ic�uWithint200rfeetpofian F-1 permit for canstruction W�-thiII aa distancerlimitation, �the requirement District and stiated relevationn should be based upon Mr. M3ck also s�ated he is not opposed to easements for maintenance or canoe use of the Creek; however, construction of a trail may cause con- cern in titie neighborhood. res onse to � questiion from Mark Ennenga, 4181 Brookside Avenue, the In P Planning Director explained no building °rrementn�nderawhichdthetCityan F-1 District. He also explained the requi establ�.shed the F-1 and F-2 Districts. In response to John Runck, 5632 Wood Lane, the City Attorney explained the easement dedication requirement of Sectioe adoltion00{He(addedethat all property platted previous to the ordinanc p plats must be approved by the City Council. Following further discussion, it was moved by Councilman Meland, seconded by Councilman Martin, that in the case of the John Hansen application, 4313 Yosemite Avenue, the City refund �the $200 special permit application f ee. In response to a question from the President Pro Tem, the Planning Director explained a special permit is required f or construction in any F-2 District, not only�along Minnehaha Creek. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, that the City issue an invoice to John Hansen for the amount of, and subject to evidence of , a certif icate of survey f or the lot located at 4313 Yosemite Avenue. Following expression of concern regarding setting a precedent bY tihe proposed action, Councilman Martin withdrew his second of the motion. In response to a question from Councilman�Martin the Planning Director explained that in many cases, City records of lot elevation are not in sufficient detail for review of plans fQr special permits. Carl Larson, 5637 Wood Lane, stated he did not believe residents should be required to obtain a survey to acquire a special permit. -232- � City Council minutes, August 13, 1979 �ouncilman Meland stated through the regular buildin • � g permit review process and with use of topographic and half-section maps, City staff should be able to determine if land lies within the F-1 and F-2 Districts, thereby foregoing the need for a survey. There was additional discussion regarding the need and use of lot surveys. It was moved by Councilman Backes, seconded by Councilman Elstrom, to defer this matter to August 20, 1979. . The motion passed 5-1 (Councilman Martin opposed). It was moved by Councilman Back�s, seconded by Councilman Meland, that staff prepare a proposed ordinance amending the special permit fee requirement for single-family units. . The motion passed 6-0. 5, Variance Request 3�50 Brook Avenue; Resolution No. 6329 Public hearing of the application of Louis R. Turk for variance in sideyard setback at 4350 Brook Avenue, as described in Notice of Hearing�p�blished August 1, 1979. There being no one present wishing to speak, the President Pro Tem ordered Che hearing closed. It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6329,entitled "Resolution granting variance in sideyard setback from Section 14-128(3) of the Ordinance Code relating to zoning to permiC a sideyard setback of ten feet in the R-1 District at 4350 Brook Avenue." The motion passed 6-0. 6. Highway 12 Improvements policy issues relating to The City Manager stated staff is continuing to participaCe in the planning of improvements to the Nighway 12 corridor and is seeking direction and/oX participation from the City Council on this improvement. In response to a question from Council.man Backes, the Director of Public Works explained staff is currently representing the City on two ta§k forces which are studying the design of two separate segments of the highway. dated August 3, 1979, Referring to a letter f rom the Mayor of Golden Valley the City of Councilman Meland stated there may be some misuLouistParkninbestablishing Golden Va11ey of Che intent of the City of St. a morator iversitied Development District near HigoWdelay2 and ium in the A 100. He continued by explaining the intent of the Clty Was While the area development of the southwest quadrant of these two highWaY . was under.study for rezoning. -233- �. �. .�., \ � . City � ouncil minutes, August 13, 1979 Staff reviewed rhe drascussionn and following brief da. date. 7, rietro olitan Council . plan of HighwaY this ma��er Was 12 with def erred Consideration etropolitan District 1�� M the City Council, to a later representative of Council. Vacanc , Resolution No. 6330 Following a brief discuecondediby by Councilman Bac�eResolution No. to waive reading and adop Councilman Martin, ointment " esolution of support for Leonard J. Thiel for aPP R Metropolitan Council." - The motion passed 6-0. $. Ad�ournment t: Mark `�ather v Recording Secretary On motion by Councilman Meland, Councilman Ralles, the meeting a� 8:30 p,m,� by a vote of 6-0. /v �� X� I � � � e W. Hanks esident Pro Tem -234- was moved 6330, to the entitled seconded by was adjourned