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HomeMy WebLinkAbout1995/10/02 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 2, 1995 1. Call to order Mayor Hanks called the meeting to order at 7 30 p m 2 Presentations Mayor Hanks read a resolution presented to the City Council by the Board of School District 283. He also read a proclamation for Cities Week 95 3. Roll call The following Councilmembers were present at roll call. Jeff Jacobs, George Haun, Sue Sanger, Ron Latz, Robert Young and Gail Dorfman. Also present were the City Manager (Mr Meyer), Deputy City Attorney (Ms Pace), Director of Community Development (Mr. Harmening), Planning Coordinator(Ms. Jeremiah); Director of Parks and Recreation (Mr. Gears); Director of Inspections (Mr Petersen) , Director of Finance (Ms McBride) and Economic Development Coordinator (Mr. Anderson). 4 Approval of minutes It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve the minutes of the September 13, 1995 meeting. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the minutes of the special City Council meeting on September 18, 1995 The motion passed 6-0-1 (Councilmember Dorfman abstained) It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to approve the minutes of the September 18 Council meeting with the following correction pg 168, second paragraph from the top, change the top line to read " and noted that the Twin Lakes neighborhood through their Task Force had the opportunity to address their portion of the project while the Cedar Meadow residents had not " The motion passed 7-0. 5. Approval of the agenda It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to approve the consent agenda with the removal of item 11a. The motion passed 7-0 175 City Council meeting minutes October 2, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for October 2. The motion passed 7-0 PUBLIC HEARINGS 6a. Amendment to Zoning Ordinance to create M-X Mixed Use District and additional amendments There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date Councilmember Sanger said after discussion at the study session, she now had some concerns about the inclusion of the section on retail uses occupying no more than 60% She would like some additional time spent considering different ways to put either minimums or maximums on percentage of space that could be devoted to the uses so there would be a truly mixed use. The way it is now worded it only applies to retail with no limits, either maximum or minimum, to other potential land uses This potentially could lead to one particular land use dominating perhaps 85 or 90% of the space Councilmember Jacobs said he had similar concerns and since this was the first reading, perhaps before the second reading the concerns as expressed by Councilmember Sanger could be addressed. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve first reading, set second for October 16, 1995 and authorize summary publication The motion passed 7-0 6b Knollwood Place Proposed issuance of revenue refunding bonds on behalf of Community Housing and Service Corp Resolution 95-130 Mark Appelbaum, Piper Jaffray, was present to answer questions There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 95-130 entitled"A resolution of the City Council of the City of St Louis Park, Minnesota (the"issuer") authorizing the issuance, sale and delivery of the issuer's multifamily 176 11 housing revenue refunding bonds (FHA insured mortgage loans-Community Housing and Service City Council meeting minutes October 2, 1995 Corp project) Series 1995 (the"bonds"), which bonds and the interest and any premium thereon shall be payable solely from the revenues and other funds pledged pursuant to the indenture of trust; approving the form of and authorizing the execution and delivery of an indenture of trust, a bond purchase agreement, a financing agreement and preliminary and final official statements; approving the form of and authorizing the execution and delivery of the bonds, and providing for the security, rights and remedies of the holder of said bonds " The motion passed 7-0 6c. Conditional Use Permit Motor vehicle service repair, 7001 Lake St W and 6906 Hwy 7 (GoodyearBorneman) 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 Dorfman brought up curb cuts and stormwater drainage She wondered if the language in condition B was strong enough taking into consideration water flowing over the curb cuts Ms. Jeremiah said the Planning Commission had a concern about allowing the breaks in the curbing around the parking lot which would allow overland stormwater drainage; however State law has since changed since the parking lot was originally built and pre-treatment of stormwater is required before it leaves the site Final approval of the grading plan by the City Engineer would be required The Planning Commission would prefer to eliminate the curb cuts and use some other method for this site. The applicant's engineer is working with the City Engineer to resolve this issue In answer to a question about treating the runoff before it leave the site, Ms Jeremiah said that may be possible because there are a few feet outside of the curb cut, however, it may be more practical to treat the water within the parking lot area. Councilmember Sanger asked if an adequate landscaping plan has been submitted Ms Jeremiah said the revised landscape plan was almost perfect with the addition of two trees and changing a few of the shrubs to evergreens and the applicant has been so apprised without the requirement of submitting a new plan. Mayor Hanks asked if incorporated into the resolution could be language that materials which are stacked taller than the privacy fence will not be allowed The storage at SPS came to his mind 177 City Council meeting minutes October 2, 1995 I Ms Jeremiah felt this could be accomplished with a slight modification to condition 5 and also the only storage that is allowed within the privacy fence is vehicles Mr. Meyer felt that storage above the fence line was not an issue as they can't have any outdoor storage at all Also, this is a commercial zone whereas SPS is an industrial zone Councilmember Dorfman brought up the issue of open doors at these types of facilities She recalled the intent was that overhead doors be closed during servicing to control noise She noted there was no reference in this report to doors being closed. Ms Jeremiah said language was left somewhat ambiguous at the direction of the Planning Commission because of the issue of whether it's really reasonable to leave the doors closed in hot weather and the question of air conditioning being viable in buildings of this type. The Planning Commission has left it up to the Zoning Administrator to interpret the language"closed building" in the event of complaints of noise or any other issues with the doors being left open, at least in hot weather She said because of screening and its location 800 ft. from residential, the chances of complaints of noise or unattractiveness should be virtually non-existent It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-129 entitled "A resolution granting conditional use permit under Section 14 5-5 3(D)(3) of the St. Louis Park Ordinance Code relating to zoning to permit a motor vehicle service and repair facility for property zoned C-2 General Commercial District located at 7001 Lake St. W and 6906 State Hwy 7." The motion passed 7-0 6d. Amendment to Zoning Map IP to C2, Honeywell site -,F Bill McHale, Ryan Companies, asked Council to support this amendment He felt the conditions and restrictions included will make a better project for everyone 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 Haun, seconded by Councilmember Dorfman, to approve first reading, set second for October 16, 1995 and authorize summary publication. Councilmember Sanger said that while serving on the Planning Commission, she sat through countless hearings on this issue and was troubled by the proposed action this evening She quoted from the Comprehensive Plan relating to the Blackstone neighborhood: "Any development on this site must be limited in size and intensity in order to control traffic impacts, minimize surface 178 City Council meeting minutes J October 2, 1995 parking, retain usable open space and encourage uses that serve or enhance the Blackstone neighborhood area." She did not see any evidence that rezoning the Honeywell property to allow a large shopping center serves the purposes as set out in the Plan by Neighborhood or the Comp Plan. She felt that input from the neighborhood and businesses was being ignored. She wanted to make clear she was not opposed to commercial or retail development on the site, what she was opposed to was doing a rezoning that will allow such a huge scale shopping mall. Councilmember Dorfman said she approached decisions such as this by asking herself whether these zoning controls are adequate to basically bring this into conformance with the Comp Plan goals and policies In her mind, they come a long way to meeting those goals and policies. There remained questions but she felt that through the PUD process and site plan development the City can, in fact, bring the development into conformance with the Comp Plan goals and policies Councilmember Jacobs felt that leaving the site as industnal, as well might have happened, didn't further any of the neighborhood policies and plans He concurred with Councilmember Dorfinan's comments and said he looked at the plan from the standpoint of what protections does the City have to mold and shape the proposed development to more closely match the Com Plan goals for the neighborhood and the general area Councilmember Haun recalled that from the first time the plan came to Council, there has been ample opportunity to look at the changes that have been made, and tonight they were voting for a Comp Plan change tonight, not on anything as far as the PUD process is concerned. The motion passed 6-1 (Councilmember Sanger opposed) PETITIONS, REQUESTS, COMMUNICATIONS 7a Special assessment for fire sprinkler system - Perspectives, Inc Resolution 95-133 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-133 entitled "Resolution authorizing installation and special assessment of fire sprinkler system at Perspectives, Inc " The motion passed 7-0 RESOLUTIONS AND ORDINANCES i r. 8a. Permit fee modifications Ordinance No 95-2041 179 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance No 95-2041 entitled"An ordinance relating to permit fees; amending Sections 15-211, 15-241, 15-252, 15-253, 15-261 and 15-262." The motion passed 7-0 8b. Resolution granting variance, Monterey Co-Housing Community Resolution 95-135 It was moved by Councilmember Sanger, seconded by Councilmember Dorfman, to adopt Resolution 95-135 entitled"A resolution granting variance from Section 14 6-6.2(F)(2) of the Ordinance Code relating to zoning to permit vinyl lap siding as an exterior material instead of an approved Class I material for property located in the R-4 Multiple Family District at 2925 Monterey Ave." The motion passed 4-2-1 (Mayor Hanks, Councilmember Latz opposed, Councilmember Young out of the chambers) r 8c. Second reading of ordinance to permit offices in R4 District Ordinance No. 95-2040 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Ordinance No. 95-2040 entitled"An ordinance amending the St Louis Park Ordinance Code relating to zoning by amending Section 14.5-4.5(D) The motion passed 7-0. 8d. Second reading of ordinance establishing amortization period (Apple Valley Red-E-Mix) Ordinance No. 95-2039 Resolution 95-131 Mr. Harmening said three documents were before Council Two are from the appraiser and accountant which respond from correspondence staff had received from AVR's consultants; and one is a memo from staff relating to stipulated annual income for AVR It was moved by Councilmember Latz, seconded by Councilmember Young, to adopt Resolution 95-131 outlining findings which support the amortization of Apple Valley Red-E-Mix" a a The motion passed 7-0 Councilmember Jacobs supported the amortization, noting the use is entirely inconsistent with what is in the neighborhood today; however, he could not support a two-year amortization period feeling it was not enough time for a business of this size and volume to relocate He would be supportive of a four-year period. 180 City Council meeting minutes 11 October 2, 1995 Councilmember Latz felt two years was sufficient, one year to find a site and one year to make the necessary arrangements. He said they actually have had 20 years to relocate, fully aware of the negative feelings of Councils and the community It was moved by Councilmember Latz, seconded by Councilmember Dorfman, to adopt Ordinance No 95-2039 entitled"An ordinance amending the St. Louis Park Municipal Code related to amortization of non-conforming uses• Adding Section 14.7-4 1 establishing a reasonable amortization period " The motion passed 6-1 (Councilmember Jacobs opposed) 8e Resolution accepting special legislation relating to special service districts Resolution 95-132 By consent, adopt Resolution 95-132 entitled"Resolution approving special law as recorded in Minnesota Statutes Chapter 264, Article 3, Section 41." 8f Park and Open Space study- Release of properties from moratorium Resolution 95-136 Councilmember Haun, chair of the Task Force, again thanked the members who worked very diligently on this process It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-136 entitled "Resolution of the St Louis Park City Council releasing individual properties from the regulations of interim moratorium Ordinance No 2035-95 " The motion passed 7-0. 8g. First reading of ordinance approving revised 1995 budget It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve first reading, set second for October 16, 1995 and authorize summary publication The motion passed 7-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a City Engineer's report Heating and ventilation upgrades at Municipal Service Center Project MB 94-03 Resolution 95-137 181 City Council meeting minutes October 2, 1995 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 95-137 entitled"Resolution accepting the City Engineer's report, establishing Project No. MB 94-03, ordering improvement Project No. MB 94-03, approving plans and specifications and authorizing receipt of bids." The motion passed 7-0 9b Cedar Lake Road update. Phase II, Jersey Ave to Park Place Blvd It was moved by Councilmember Young, seconded by Councilmember Jacobs to authorize staff to sponsor an open house for all property owners and businesses along Cedar Lake Rd. corridor between Jersey Ave and Park Place Blvd. Councilmember Young said he would encourage staff to look at where funding might be found for a traffic signal at Edgewood and whether or not it is needed He was sure people coming to the open house will have questions about a signal The motion passed 7-0. 9c. Minutes. Housing Authority August 8 By consent, minutes received for filing UNFINISHED BUSINESS 10a. Boards and Commissions No business NEW BUSINESS 11 a. VFW pulltab license renewal Resolution 95-138 Councilmember Young asked that this item be removed from the consent agenda and placed on the regular agenda. He believe issues such as this are significant and that when a franchise is given to any organization that is going to yield revenue, that an opportunity be had for discussion He recalled that a year ago a license renewal came up for an organization that proved questionable and their application was not approved That same organization received approval from Golden Valley shortly thereafter and it was on its consent agenda. As a member of the VFW, he would not be voting on this issue this evening. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 95-138. 182 City Council meeting minutes October 2, 1995 The motion passed 6-0-1 (Councilmember Young abstained) MISCELLANEOUS 12a. Damage claims Leubner v Silent Knight By consent, claim referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks said the City would be celebrating Cities Week along with the School District. As a member of the Board of the League of Minnesota Cities, he will be participating in regional meetings around the state for the next two weeks Councilmember Haun said he represented the City at Minnesota Rubber on the occasion of its 50th anniversary. He commended Minnesota Rubber for its ongoing commitment to the community and the work groups composed of employees which perform community action activities. 12c. Communications from the City Manager No business CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a Vendor claims By consent, approve and authorize distribution of checks in the following amounts- Verified claims $751,391.50 and payroll claims $29,637 65 13b Contract payments 1. Final. Egan-McKay Electrical Contractors, emergency vehicle pre-emption system. Amount 9,491 24 By consent, adopt Resolution 95-139 authorizing payment 2. Northwest Asphalt, reconstruction of Ford Rd. Amount $246,658 86 3. C. S. McCrossan, Cedar Lake Rd construction Amount $483,821 51 4 Pitt-Des Moines, new elevated water tank No 2 Amount $31,467 80 i 183 City Council meeting minutes October 2, 1995 5. Tolz, King, Duvall, Anderson& Assoc , engineering services. AmountP• $92.84 6 Ridgedale Electric, lighting improvements. Amount: $15,202 39 7. Friedges Landscaping, landscaping/site improvements. Amount: $14,346.48 8 Midwest Asphalt, grading, paving, curb/gutter, storm sewer, street lighting, traffic signal. Amount: $2,536.98 . 9. Progressive Contractors, paving and bridge rehab, random curb/gutter, sidewalk repair. Amount- $104,174.11 By consent, items 2-9 approved and payment authorized. 14 Adjournment The meeting adjourned at 8:25 p m. 6) ' ///74--"4-,- Ly Hanks ) I I it)AA A th ecording Secretary I 184 •