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HomeMy WebLinkAbout1987/11/16 - ADMIN - Minutes - City Council - Regular MINUTES 11111 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 16, 1987 1 . Call to order The meeting was ,_iled to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None 3. Roll Call The following Councilmembers were present at roll call : Ronald Backes Larry Mitchell Thomas Duffy David Strand Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Backes, to approve the City Council meeting minutes of November 2, 1987 The motion passed 5-0. It - was moved by Councilmember Strand, seconded by Councilmember Mitchell , to approve the study session minutes of November 10, 1987. The motion passed 5-0. 5. Approval of agenda It was moved by Councilmember Mitchell , seconded by Councilmember Backes, to approve the consent agenda for November 16, 1987 removing the following consent items to the agenda: 8a and 9b. The motion passed 5-0. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to approve the agenda for November 16, 1987 with the following addition: 10b. Costco liquor license. The motion passed 5-0. PUBLIC HEARINGS 6a. Filling in floodplain Special permit for filling in the Resolution 87-195 floodplain at Bass Lake Park 11110 There being no one wishing to speak, the Mayor declared the hearing closed -230- City Council meeting minutes November 16, 1987 with the right of Council to thereafter reopen and continue it at a future date. 41111 It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-195 entitled "A resolution granting special permit under Section 14-123.100 of the St. Louis Park ordinance code relating to zoning to permit grading and filling for property located in Bass Lake Park and zoned R-3, two family residence district; PUD, planned unit development district; and F-2, floodplain district." The motion passed 5-0. 6b. Sign: 7624 Cedar Lake Rd. Special permit for a sign at 7624 Cedar Lake Rd. - Peace Presbyterian Church There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-196 entitled "A resolution granting special permit under Section 14-185.04(6) of the St. Louis Park ordinance code relating to zoning to permit a 33 sq. ft. , wall-mounted sign for property zoned R-1 , single family residence district, located at 7624 Cedar Lake Rd." The motion passed 5-0. III 6c. Air conditioners in setbacks Amendment to Zoning Ordinance to permit air conditioning units in setbacks There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. Councilmember Backes asked who would determine what decorative screening fence was and what kind of size screening evergreens would be. He was concerned about getting at a unit or getting air around it if there were fencing or bushes. The City .Manager said this becomes a judgment question. All the amendment is saying )'tshat if a unit is put in a side yard or side yard abutting a street, the judgment is it is unattractive and therefore should- somehow be screened. Councilmember Duffy said that there was a unit in a front yard in his neighbor- hood and in his opinion, the fencing around the unit was more unattractive than the unit itself. He thought the solution might be to eliminate reference to decorative fence and simply specify evergreens. Mayor Hanks thought perhaps the word "plantings" should be used instead of evergreens. It was moved by Councilmember Strand, seconded by Councilmember Backes, 41111 to delete from the recommended amendment to the zoning ordinance the reference to decorative fencing and leave it at evergreen planting and leave discretion up to staff. -231- City Council meeting minutes November 16, 1987 11111 Councilmember Duffy said he'd like to see provided in the ordinance that units permitted in interior side yards be governed by the City's noise ordinance. He suggested the following language change: Heating, ventilating and air conditioning equipment in interior side yards, side yards abutting a street and rear side yards shall extend no more than 6 ft. from the principal structure and the equipment shall be screened from view with evergreen plantings. The question of issuing permits for installation of air conditioners and apprising applicants of the conditions of the noise ordinance was discussed. The City Manager felt that language should be added to the noise ordinance that when application for an installation permit is made the contractor must submit some sort of documentation that the unit to be installed does not exceed X decibles and if it exceeds that, it is not permitted in any side yard or no closer than X feet to the principal structure. Councilmember Strand withdrew his motion, feeling that the matter with inclusion of appropriate noise ordinance language all come back to Council at a future meeting. It was moved by Councilmember Strand, seconded by Councilmember Duffy to continue the public hearing to December 21 , 1987. The motion passed 5-0. 6d. Variance: Jessen Variance in parking requirements Resolution 87-197 at 3982 Alabama Ave. Mr. Jessen was present to answer questions. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Strand, seconded by Councilmember Backes, to waive reading and adopt Resolution 87-197 entitled "A resolution granting variance in parking requirements from Section 14-187(4) (ee) of the ordinance code relating to zoning to permit the construction of a 1 ,850 sq. ft. addition at the rear of an existing building without providing the required off-street parking in the B-2, general business district, at 3982 Alabama Ave." The motion passed 5-0. 6e. Variance: 3232 Variance in rear yard setback at 3232 Aquila Lane There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. ILO It was moved by Councilmember Backes, seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-198 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance code relating to zoning to permit a building addition having a rear yard setback of 26 feet instead of the required 35 ft. in the R-1, single family residence district, at 3232 Aquila Lane." The motion passed 5-0. -232- City Council meeting minutes November 16, 1987 6f. Transfer Reiss liquor license Zafft application for transfer 41111 of Reiss liquor license There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Backes, to approve the transfer. The notion passed 5-0. 6g. Complete Beverage Service Liquor license: Complete Beverage Service There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. it was moved by Councilman Strand, seconded by Councilman Mitchell , to approve the cnange in liquor license form with the addition of an officer. The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS 0111 None. RESOLUTIONS AND ORDINANCES 8a. Request of Oakmont Request of Oakmont to amend inden- Resolution 87-199 ture for $8,715,000 multifamily housing bonds The City Attorney explained what the minor change in language was. It was moved by Councilmember Strand, seconded by Councilmember Duffy to waive reading and adopt Resolution 87-199 entitled "Authorizing the execution and delivery of a supplemental indenture of trust relating to the City of St. Louis Park, Minnesota, $8,715,000 multifamily housing revenue refunding bonds (Oakmont Partners Project), Series 1987." The motion passed 5-0. Sb. Agreement with County Resolution for agreement with Resolution 87-200 Hennepin County for subsidies of environmental health program for 1988/89 By consent, motion to waive reading and adopt Resolution 87-200 entitled 4111 "Resolution approving agreement between the City of St. Louis Park and Hennepin County for financial support of municipal environmental health services." -233- City Council meeting minutes November 16, 1987 11/11 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Amend Housing Plan and Program Request to amend Housing Plan and Program By consent, a public hearing was scheduled for December 21 , 1987. 9b. One-way study: 38th St. Minutes from neighborhood meeting on one-way study of 38th St. from Kipling Ave. to Excelsior Blvd. Councilmember Duffy said he had removed this from the consent agenda in deference to any residents in the audience or watching on cable tv who might wonder what the next step might be in the process relative to 38th St. He explained that the Council is asking staff to provide them by Dec. 7 with a comprehensive traffic management plan for the total area from Excelsior Blvd. south and from 38th St. to France. It was moved by Councilmember Duffy, seconded by Councilmember Strand, to accept the minutes for filing and direct staff to provide recommendations for the development of a comprehensive traffic management plan for the total area by Dec. 21 , 1987. The motion passed 5-0. 9c. Waive fee: Peace Presbyterian Church FrederickIlk Porter, representing the church, addressed the Council relative to its request for waiver of fees in connection with their request for a new sign. Councilmember Backes said there were seven permit requests from churches and synagogues dating back to 1978, all of which paid the fees. It was moved by Councilmember Backes, seconded by Councilmember Duffy, to deny the request for waiver of fee. The motion passed 4-1 (Councilmember Strand opposed) . 9d. Amendment to Comprehensive Plan Amendment to Comprehensive p ensive Plan and preliminary PUD plan: Northwest corner of France Ave./Excelsior Blvd. Paul Dunn and Dan Parker from the Welsh Companies and Roger Erickson, KKE Architects) addressed the Council to discuss their proposal . He stated that the majority of the Minikanda Oaks homeowners association is behind the project. IL Peter Lang, representing the Minikanda Oaks homeowners association, addressed Council . He said the neighborhood is in agreement that a high density housing complex would seriously impact the flavor of the neighborhood which . is characterized as uniquely single-family. -234- • City Council meeting minutes November 16, 1987 41111 He said a petition relative to the proposed development had been circulated throughout the neighborhood. Seventy-three signatures were obtained in favor of the Comprehensive Plan being amended to permit commerce-retail-office-service business; tha, rt e ozloIrliI be changed to PUD, general retail/office/food service. He said 51 h M 9 on declined, one was opposed to any development on the corner, one resident is an officer of the Welch Company and he didn't know why the other declined. Councilmember Strand alluded to a survey done of the neighborhood, the results of which were not shared with the Planning Commission. Mr. Lang said it was a survey circulated throughout the entire neighborhood to get feedback for the association board. There was no intent to keep it secret. Alan Floyd, member of the association board, said 100% of the people on Glenhurst were opposed to high density residential on the site. They are in favor of the development as proposed by the Welsh Companies. Councilmember Mitchell asked what effect this proposed commercial development might have on the rest of Excelsior Blvd. in terms of Excelsior Blvd. being able to carry additional commercial development. The City Manager felt this project could adequately be handled because of the very low vacancy rate in the western suburbs. Councilmember Strand felt the term high density residential was a misnomer. He asked how many units could be put on the property. The City Manager said according to the Planning Commission study it appeared 30-40 units. Councilmember Duffy said the land was too expensive for low density development, i .e. single family homes, and that the area simply could not handle high density. Councilmember Strand asked for a rough estimate of traffic generated under the Comprehensive Plan vs. what this proposal might generate on a daily basis. The Planning Director responded that the proposed plan would generate approximately a thousand vehicles per day and a residential development would probably be 200 per day. Councilman Strand asked what the assessed value was on the parcel . The Planning Director responded the land value was approximately $244,000 and the building approximately $63,000. A representative from the Welch Companies said that according to the figures he had received, the market value for 1988 was $469,000. Councilmember Mitchell asked what would be the mechanics of continuing to look at the proposal and what would be the purpose for sending it back to the Planning Commission. The City Attorney said since the Planning Commission had held a hearing on the matter, Council could now proceed to take some action. The proposal could be returned to the Planning Commission with direction regarding issues raised in the Planning Commission minutes re restrictions in the event there was -9'2C- City Council meeting minutes November 16, 1987 a change in the Comprehensive Plan and/or zoning. Mayor Hanks asked if it were returned to the Planning Commission, can both the Comprehensive Plan and zoning to a PUD be looked at at the same time. The City Attorney said they could be considered together. Mayor Hanks felt the Planning Commission was probably waiting direction from Council before initiating any amendment to the Comprehensive Plan. Also, he felt the neighborhood had not presented to the commission as concrete in its desires as they did this evening. Councilmember Strand was not persuaded that any change to the Comprehensive Plan should be made at this time until there is a chance to see what happens with the project at the other end of Excelsior Blvd. He noted that the Comprehen- sive Plan was a 20-year plan and perhaps patience was the byword for now. He felt this was not the time to be talking about expanding retail or commercial use along Excelsior Blvd. until a decision is made about what Excelsior Blvd. should look like. Councilmember Duffy felt the proposal was a good use of the property. He felt it was a small enough project that would clean up the intersection and hopefully give some impetus to the other neighborhood businesses to upgrade. 110 It was moved by Councilmember Duffy, seconded by Councilmember Backes, to consider an amendment to the Comprehensive Plan with the proper PUD zoning controls and refer it back to the Planning Commission for further study and recommendation. Councilmember Backes believed Councilmember Duffy was specifying commercial/office/ retail development. Councilmember Strand asked to add a friendly amendment to have the Planning Commission together with staff take a look at other economic alternatives for the development of that property so the Council could be apprised of what other alternatives might be available. Councilmember Backes advised caution relative to the motion. The prime motion exclusive of the amendment is strictly with the words giving them guidance to change zoning to commercial/office/service/retail . The amendment was for information purposes. The motion passed 4-1 (Councilmember Strand opposed). 9e. October financial report By consent, report received for filing 9f. Recycling Recycling plan for accomplishing 50% City-wide participation goals It was moved by Councilmember Strand, seconded by Councilmember Duffy, to direct staff to implement elements of the residential and commercial recycling plan as outlined in staff's report. Councilmember Duffy asked that staff look into the situation of people who leave for three months and are not participating. -236- City Council meeting minutes November 16, 1987 He wondered how an adjustment would be made for residents participating on a part- 41111 time basis. The City Manager said some sort of arrangement could be worked out, perhaps to give those people a discount rate. The City Manager wanted to emphasize to Council what it was that was being proposed. He said the proposal included two different rates for garbage, mandatory handling of yard waste, financial incentives that will probably bring a good number of people to chambers for discussion. He felt it might be appropriate to put the recycling program policy into resolution form to be included in Council 's policy book. He said the program would not be easy to implement and asked that Council take a long, hard look at the proposal . Councilman Strand wanted to see the City aggressively pursue this program. He felt the bottom line was that it was an environmentally sound way to proceed and that it would save residents money over time and that the Council should keep driving as hard as it can to make it succeed. The motion passed 5-0. 9g. Planning Commission minutes 9h. Board of Zoning Appeals minutes0111 By consent, minutes ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Duffy, seconded by Councilmember Backes to reappoint the following individuals to boards and commissions: Al Henry, Dan Swedberg and Douglas Carney to the Planning Commission A. J. McFarlin and Bruce Browning to the Cable TV Advisory Commission Ruth Kirchner and Don Larson to the Community Relations Commission The motion passed 5-0. It was moved by Councilmember Strand, seconded by Councilmember Duffy to make the following appointments: Mickey Tibbits and Charles Cutler to the Community Relations Commission Rabbi Barry Woolfe to the Human Rights Commission Frederick Moore as alternate to the Metropolitan Airport Sound Abatement Council Cliff Johnson to the Fire Civil Service Commission effective Dec. 1 , 1987 The motion passed 5-0. 41/1/ -237- • City Council meeting minutes November 16, 1987 It was moved by Councilmember Duffy, seconded by Councilmember Strand to accept the resignation of Nate Goldstone from the Fire Civil Service Commission and that an appropriate letter of thanks be sent to him. Mayor Hanks accepted the letter of resignation of Councilmember Ronald Backes from the City Council and the Housing and Redevelopment Authority. Mayor Hanks recommended David Strand's appointment to the HRA, which was moved by Councilmember Backes and seconded by Councilmember Duffy. The motion passed 4-0-1 (Councilmember Strand abstained). 10b. Costco Councilmember Strand referred to a letter received from Costco's law firm trying to explain the facts surrounding the layout and design that was approved as part of granting the liquor license. He said that he and other Councilmembers, in reading through the letter, found discrepan- cies and that it would be appropriate for Council to direct staff to do a factual background check to see in fact what transpired. In this way, Costco could be approached to talk about what seem to be design differences from the former approval . 11111 Councilmember Backes felt there were two items involved: the exterior entrance which was intended to give the appearance of an entrance as opposed to just an emergency exit; and two, the language of the sign which he recalled emphasized the word "Retail" which was to be mounted on the exterior of the building. Mayor Hanks felt that in the meeting with Costco, he was mislead as to what they intended. It was Council 's direction that staff check these details out. NEW BUSINESS lla. Bid tab: Squad cars By consent, Haugen-Brown Ford Mercury was designated as the lowest responsible bidder and staff was authorized to execute a contract not to exceed $79,581 . llb. VFW gambling license VFW application for renewal of state gambling license By consent, the VFW application for renewal of its state gambling license was approved. llc. Bid tabulation: Pickup trucksIII, By consent, Haugen-Brown Ford Mercury was designated as lowest responsible bidder and staff was authorized to execute a contract with that firm not to exceed $31 ,631 . -238- • City Council meeting minutes November 16, 1987 MISCELLANEOUSIII a. Claims None. b. Communications from Mayor Mayor Hanks referred to the AMM meeting December 3 at which time League policies will be discussed. He reminded Council of the Community Education banquet on November 17. 12c. Communications from City Manager The City Manager referred to the letter from Airport Taxi requesting Council to reconsider its decision not to look at raising rates. He said apparently Minneapolis is not going to change its rate structure until after the first of the year, if then. The current method of charging customers is causing some confusion, and he wondered if Council might wish to reconsider this matter and allow a presentation at a future meeting by the taxicab owners. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell to place this item on the December 21 agenda. Councilmember Mitchell asked what it was Council was going to accomplish by listening to the taxicab owners on Dec. 21 . The City Manager said perhaps Council would better understand the chaos that exists in rates. He said staff would undertake its own survey of suburban communities. The motion passed 5-0. A study session was discussed. No pressing business exists at the moment. The Governance committee will meet in the interim. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance, dated November 16, 1987 in the amount of $386,155.27 for vendor claims and $13,447.34 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 9: 10 p.m. %,/, 0, )41-Zi Mav at Au1J 1 pJrding Secretary -239-