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HomeMy WebLinkAbout1989/07/17 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING 111 ST. LOUIS PARK, MINNESOTA July 17, 1989 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read and presented to the Police Chief a proclama- ,,' tion for National Night Out. Mayor Hanks introduced George Bowlin, Hennepin County Community Health Department who gave a slide presentation on the programs and services available through that department. • 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Jane Tschida Lyle Hanks 3. Approval of minutes No minutes for approval 4. Approval of agenda It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the consent agenda for July 17, 1989. The motion passed 7-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the agenda with the following additions: lla. Comprehensive Plan; lib. Alarm monitoring; and llc. Special meeting on tax levy The motion passed 7-0. PUBLIC HEARINGS 6a. Oriole Oaks Request for approval of a preliminary plat: Southeast quadrant of Hwy. 169 The City Manager wanted to clarify that the proposal to close the off-ramp from Hwy 169 was not a recommendation of City staff. Rick Bateson, developer of the proposed project, made a presentation. F. E. Porter and Conrad Posz spoke for the large number of neighborhood resi- dents who were present to voice their opposition to the project. -122- City Council meeting minutes July 17, 1989 Their objections included: increased traffic in their neighborhood; inadequate access to the development; numerous accommodations from the City will be required such as variances and right-of-way considerations; potential changes in the wetland; closure of the slip ramp from Hwy. 169 will cut off service to W. 23rd St. , 22nd Lane, 22nd St. and the streets that connect with those streets; damage to neighborhood streets due to increased traffic; an existing inadequate water pressure to homes in the area will be aggravated by more homes being built; quick accessibility by police, fire and emergency vehicles if frontage road is closed; increased noise and light pollution; safety of children attending Cedar Manor School ; preservation of green space. 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 Mitchell , seconded by Councilmember Battaglia, to authorize preparation of a resolution of denial with findings. . Councilmember Mitchell said he had received a number of letters in opposition to the project. He did not feel the paramount concern was the right to develop the property. The fundamental issue is the access. It was clear to him that was the issue to be resolved. The motion passed 7-0. 6b. Naegele Request for special permit for construction of a billboard at 5120 Cedar Lake Rd. The City Manager referenced a letter from Naegle before Council which provided new information re its request. He said Council might want to consider the advisability of acting this evening given this new informa- tion. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to continue the public hearing to August 7, 1989. Councilmember Mitchell was curious as to the status of the condemnation, i .e. what options or offers the State afforded Naegele. Was there simply a taking of the sign? Councilmember Duffy saw no problem with the sign being set back 300 ft. from the residential area. In that event, it would still conform to the ordinance. There was no reason to give them a permit for 225 ft. when 300 ft. were available. The motion passed 7-0. 6c. Alley paving Improvement hearing, Project Resolution 89-101 89-31 : Alley paving east ofII Alabama between W. 37th St. and Oxford 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. -123- City Council meeting minutes July 17, 1989 It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-101 entitled "Resolution ordering improvement, ordering preparation of plans and specifications and authorizing advertisement for bids for Improvement No. 89-31 , alley paving." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Robert Larsen Partners Request from Robert Larsen Partners to have Council initiate rezoning of proposed project site from 1-1 to PUD Councilmember Battaglia asked why Council would want to honor this request. The Director of Community Development said the advantage is that the City can proceed with giving the necessary zoning approvals for the project. They want to commence construction this Fall . Also the Council can not hold a public hearing because there is a timeframe within which action must be taken, either pro or con, within a certain number of days of the hearing. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to initiate rezoning of the property from I-1 to PUD. Councilmember Battaglia reiterated his feelings that industrial/commercial is the best use of this property. He felt initiating this petition for rezoning was changing the zoning for the benefit of a specific development to which he was opposed. The motion passed 6-1 (Councilmember Battaglia opposed) . RESOLUTIONS AND ORDINANCES 8a. Vacation of utility easement Second reading of an ordinance Ordinance 1796-89 re vacation of utility easement at 3929 Lynn Ave. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt ordinance No. 1796-89 entitled "An ordinance vacating a public utility easement at 3929 Lynn Ave. So." The motion passed 7-0. 8b. Massage ordinance Second reading of ordinance Ordinance No. 1797-89 Judy Muyres, 4530 Vallacher Ave. , addressed Council . Although a letter she had sent to Coucil voiced her concern about home occupation, her focus was actually broader - self-employment issues. For example, massage therapists being allowed to go into a senior high rise or into private homes to attend to the home-bound or terminally ill . She wondered if, as occurs in social work, levels could not be instituted reflecting educational and experience levels. -124- City Council meeting minutes July 17, 1989 Instead of holding up ordinance adoption tonight, Councilmember Tschida suggested adopting the ordinance as it stands tonight and direct staff111 to deal with Ms. Muyres' concerns at a later date. It was moved by Councilmember Tschida, seconded by Councilmember Meland, to adopt Ordinance No. 1797-89 entitled "Massage Parlors, Saunas, Massage Therapists, Massage Therapy Establishments." The motion passed 7-0. Councilmember Tschida asked that staff address the question are chiropractors nurses, doctors, etc. allowed to practice at home. 8c. Administrative Code Second reading of ordinance Ordinance 1798-89 amending Administrative Code section of Municipal Code It was moved by Councilmember Meland, seconded by Councilmember Duffy, to adopt Ordinance No. 1798-89 entitled "An ordinance amending Section 1-101 through Section 1-212 of the St. Louis Park Municipal Code." The motion passed 7-0. 8d. Glass One Resolution of denial esolution 89-102 • It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-102 entitled "A resolution of findings regarding the application of Glass One Partners for a variance under Section 14-158(4) and Section 14-187(3) (3) (G) of the St. Louis Park Ordinance Code relating to zoning to permit a parking setback of 0 ft. instead of the required 6 ft. in a front yard for property located in the B-2 general business district at 6801 Wayzata Blvd." The motion passed 7-0. 8e. American Legion Resolution of approval Resolution No. 89-103 It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to adopt Resolution 89-103 entitled "A resolution rescinding Resolution 88-133 adopted on Sept. 19, 1988 and granting special permit under Section 14-126(4) of the St. Louis Park Ordinance Code relating to zoning to allow the development of a parking lot at 4015 Xenwood Ave." The motion passed 7-0. 8f. 3036 Louisiana Ave. Second reading of ordinance Ordinance 1799-89 re reacquisition of 3036 Louisiana Ave. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Ordinance No. 1799-89 entitled "An ordinance authorizing the -125- sale by the City of the property located at 3036 Louisiana Ave. So." The motion passed 7-0. 8g. Shelly's Woodroast Minor amendment to approved Resolution 89-104 special permit III It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 89-104 entitled "A resolution rescinding Resolution 89-60 adopted on May 15, 1989 and rescinding Resolution 6696 adopted on November 3, 1980 and granting special permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow a Class I restaurant in the B-2, general business district, at 6501 Wayzata Blvd." The motion passed 7-0. 8h. Townhouse development Resolution of denial : 6-unit Resolution 89-105 townhouse project at 4211-4221 Sunset Blvd. and 2915 and 2919 . Joppa Ave. As Councilmember Friedman was listing agent for one of the affected property owners, he absented himself from this item to avoid any appearance of conflict concern. Architect and applicant Ed Bell was given an opportunity to address the Council and the resolution of denial . Mr. Bell discussed prior negotiations with the adjoining landowners. He then addressed the question III of whether there were two or three buildable lots on Sunset Blvd. The City Attorney advised that his office and the City staff had reviewed this question since the last meeting of the Council . He advised that there were three platted lots and two lots for tax purposes, as Mr. Bell had indicated. He further indicated that one of the issues before the Council , however, was the interpretation of the portion of the Zoning Code pertaining to cluster homes which reads as follows: "The density of the development shall not exceed the density allowed in the zone." He noted that it was this provision that was addressed by witnesses and the Council at its prior meeting. Mr. Bell then indicated his interpretation of the density and superior housing provisions of the Code. The Mayor asked if anyone else wished to address the Council . Morton Cohen, 2824 Glenhurst; Max Donath, 4200 Sunset Blvd. ; Al Lieberman, 4210 Sunset Blvd. ; and David Hoffman of Treasure Island addressed the Council . They reiterated their concerns regarding the noncompliance with the superiority and density requirements of the City Code and Comprehensive Plan. Councilmember Mitchell asked the City Attorney to address the City's legal position regarding the resolutions before it. The City Attorney stated that the appropriateness of the Council 's action will be judged 111 on whether its interpretation of the Code is reasonable and whether there are facts in the record to support it. Councilmember Battaglia stated that he did not believe the townhomes or cluster homes were appropriate in a single family residential neighborhood. -126- City Council meeting minutes July 17, 1989 Councilmember Duffy stated he agreed with Councilmember Battaglia and 111 stated that no matter how you considered it, the cluster homes proposed did not present a superior level of development. Councilmember Tschida stated that she agreed with Councilmembers Battaglia and Duffy. She said that this was not a superior development, that it was clearly not equal to the surrounding neighborhood. The City Manager asked the City Attorney if this application was denied could the developer reapply for approval for five units. The City Attorney said yes. The Mayor questioned whether the neighborhood would be more supportive of five units than six and whether it would be acceptable to the developer. Mr. Bell indicated that this was up to the landowner and that there would be some additional costs going through another two months' process. Mr. Bell did indicate that he had conversations with City staff before increasing the development from five units to six. In response to a question from the City Attorney, Mr. Bell indicated that the increase from five units to six was not done at the recommendation of City staff. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to adopt Resolution 89-105 entitled "A resolution of findings regarding the application of Edwin M. Bell (Bernard and Rose Horovitz) for a special permit under Sections 14-126(5) and 14-141 (9) of the St. Louis Park Ordinance Code relating to zoning to permit the construction of a six-unit townhome development for property zoned R-1 , single family residence and R-4, multiple family residence districts, located at 4211-4221 Sunset Blvd. and 2915-2919 Joppa Ave. So." denying the request. The motion passed 4-2 (CouncilmembersMeland, Mitchell opposed) REPORTS FROM OFFICERS, BOARDS, COMMITTEES Ant4AP 9a. Rocky Mt. Analytical Lab Amendment to contract41,W v It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to authorize execution of the agreement and direct staff to negotiate with Rocky Mountain Analytical Laboratory for a one-year contract extension The motion passed 7-0. 9b. City parks Proposed fill/grading projects It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to authorize staff to proceed with the application process and to conduct an informational meeting at Sunset Park. The motion passed 7-0. 9c. June financial report 9d. Housing Authority minutes June 13 9e. Planning Commission minutes June 21 -127- City Council meeting minutes July 17, 1989 Reports and minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Friedman, seconded by Councilmember Meland, to accept the resignation of Len Thiel from the Housing Authority. The motion passed 7-0. It was decided to hold the West Hennepin Human Services Planning Board for July 31 . NEW BUSINESS aa. Update on Comprehensive Plan Councilmember Battaglia said he would like to see a specific • plan of timelines and schedules for the updating process. It was moved by Councilmember Meland, seconded by Councilmember Mitchell to refer the update to the planning staff and incorporating Councilmember Battaglia's comments. Councilmember Friedman felt that a target date should be set and just let the staff go at it instead of bothering them for plans and schedules and updates. Councilmember Friedman amended the motion that staff bring back the completed plan no later than the end of 1989. The City Manager noted in order to meet the timetable as set forth by Council , it will be necessary to hire a temporary employee at this time rather than wait until the beginning of 1990. Councilmember Tschida hoped far consideration of no further development and to promote open space and be sensitive to environmental considerations. The motion passed 7-0. Councilmember Mitchell asked while this process goes forward, what can be done about zoning. The Community Development Director felt the quality of the zoning ordinance would fail if staff were expected to move forward on the Comp Plan. He said the Zoning Task Force indicated its interest continuing to be involved in zoning and Comp Plan updating. Councilmember Battaglia said he did not believe the Task Force wanted to be disbanded, that they feel they continue to have something to offer. Councilmember Mitchell hoped the Task Force could be involved in setting up of performance standards. He was concerned about ultimately two bodies working on the Comp Plan. He felt the Task Force needed firmer direction on exactly what it is Council wants it to do. -128- City Council meeting minutes July 17, 1989 Councilmember Battaglia said his understanding of the discussion of the Task Force was that as decisions/solutions are done on the Comp Plan, the Task Force would be able to incorporate them into the zoning ordinance. In addition they felt there were definitions, standards, etc. they could be working on concurrently with the Comp Plan update. The City Manager thought Councilmember Mitchell 's suggestion was a good one: let staff get started, line it out and come back to Council with a status report so it can give some firm direction. lib. Alarm monitor system It was moved by Councilmember Friedman, seconded by Councilmember Tschida, that notice be given to the subscribers on the system that the City will discontinue monitoring alarms effective January 1 , 1990. Councilmember Duffy left the chambers. The motion passed 6-0. llc. Certification of budget levy It was moved by Councilmember Mitchell , seconded by Councilmember Friedman that a special meeting be held on Monday, July 31 at 7:30 p.m. The motion passed 6-0. MISCELLANEOUS 12a. Claims Grace Bowdish Christy Antonson By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor None 12c. Communications from City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance in the amount of $343,123.61 for vendor claims and $45,329.80 for payroll claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting was adjourned at 10:30 Ma / hen Rcor•ing Secretary • -129-