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HomeMy WebLinkAbout1995/07/17 - ADMIN - Minutes - City Council - Regular MINUTES 11 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 17, 1995 1 Call to order Mayor Hanks called the meeting to order at 7 30 p m 2 Presentations Mayor Hanks read a proclamation proclaiming August 1 as National Night Out 3 Roll call The following Councilmembers were present at roll call Jeff Jacobs, George Haun, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks Also present were the City Manager(Mr Meyer), Deputy City Attorney (Ms Pace), Director of Community Development (Mr Harmening), Director of Public Works (Mr Rardin), and Director of Inspections (Mr Petersen) 3 Approval of minutes It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to a,pprove the minutes of the July 5 City Council meeting The motion passed 4-0-2 (Councilmembers Haun and Jacobs abstained) l It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the July 10 study session The motion passed 6-0 4 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for July 17 The motion passed 6-0 Mr Meyer said he'd like to amend the agenda to delete Item 6d Conditional Use Permit for Halley Custom Homes As the agenda was being finalized, staff was advised by the Minnehaha Creek Watershed District that conditions of the District had been met The last action taken by the Council was to defer this item until such time as the District's conditions had been met As of Thursday night, the District Board met and discussed this issue and advised its staff that they did not feel the conditions had been met at this point in time, therefore, this item being on tonight's agenda is not appropriate since the Council's last action was to defer it until such time as all the 120 Watershed District's conditions were met and then at that time, the Council could consider it On that premise, I would recommend the item be deleted from the agenda Mayor Hanks said when the item returned to Council, it would appear under either Section 8, Resolutions and Ordinances, or Section 10, Unfinished Business because the public hearing was previously closed Councilmember Dorfman said there were some other concerns unrelated to the District's concerns There were some other legal proceedings going on re the Halley lot in Minneapolis She requested an update on that and if anybody is aware of what is going on on other fronts related to this property It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to delete Item 6d The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda as amended The motion passed 6-0 A member of the audience requested they receive information as to when this item will come back to Council. Another person asked for clarification on the opening in the Ward 1 Council seat Councilmember Jacobs said he and Councilmember Dorfman, as At-Large Councilmembers, were available to help any residents at any time PUBLIC HEARINGS 6a Zoning Ordinance amendment Amend land use description for motor fuel station Mr Harmening said the C-1 zoning district is a neighborhood commercial zoning district Esentially the uses allowed in the C-1 are intended to provide goods and services that commonly would be used by neighborhoods in proximity to that land use C-2 Commercial is more of a general commercial district typically made up of larger types of development, e g Excelsior Blvd area, Knollwood Councilmember Dorfman said there had been a concern about increasing automotive uses in the C-1 Also of concern was not to penalize existing facilities The Planning Commission was asked to limit automotive uses in the C-1 and protect existing businessess and not make them non- conforming The Planning Commission was unable to come up with a compromise that would satisfy both requirements The ordinance amendment before Council protects most existing uses but also actually increases the opportunity for automotive uses in a C-1 which was the opposite of what Council wanted Mr Harmening said her reading was correct, that motor vehicle service/repair will be allowed in the C-I District but only if a gas station operation is associated with it and only if they have 4-8 pumpsI 121 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 Dorfman, seconded by Councilmember Jacobs, to deny the amendment. The motion passed 5-1 (Mayor Hanks opposed) 6b Zoning Ordinance amendment Delete Section 14 5-7 3(C(14) which permits houses of worship in Industrial Districts , 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 Latz, to approve first reading, set second for August 7, 1995 and authorize summary publication The motion passed 6-0 6c Conditional Use Permit to permit 30,000 cu yds. of fill at 2631 Virginia Ave So (Kevitt Excavating Inc/Business Centers - John and Irene Smith Resolution 95-95 Dick Curry, Kevitt Excavating, was present to answer any 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 to a future date It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-95 entitled "A resolution granting Conditional Use Permit under Section 14 4-9(A) of the St Louis Park Ordinance Code relating to zoning to permit placement of 30,000 cu yds of fill for property zoned R-3, Two Family Residence District, located at 2631 Virginia Ave So The motion passed 6-0 PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a 2nd reading of ordinance establishing moratorium to conduct study of parks and open space Ordinance No 95-2035 122 Ward Johnson, 2200 Hill Lane So addressed Council What I want to discuss is the effect of the moratorium on the open space plan related to the trail opportunities, the Viking Walking Trail, that would extend from the present Cedar Lake Trail One issue is there is approximately 8 acres of City-owned property on the north side of the railroad tracks east of the JCC Two potential developments have come up in the past few years, neither panning out, however the neighborhood did not oppose the proposed townhome development near the JCC Today we have this opportunity before us that a trail is there for biking and multiple recreational uses My concern with the moratorium is that, from what I understand, there are pieces of property that if developed could stop the opportunity for a trail to link up with the Hopkins connection and then on to Chanhassen If that is addressed, and the developer or present owner is willing to make available the open space for the trail pattern, then I'm for whatever you decide tonight I understand moratoriums are not dealt with lightly because of their effect on economics and public use Dr Ted Litman, Minnehaha Gables area spoke To respond to the last speaker, that's the reason we want the moratorium That is to examine and protect the wetland and open spaces so that they are not encroached upon by developers Our area which is fairly extensive has had the problem of the Hutchinson Spur which we've been trying to address The very kinds of things the last speaker wants is what the moratorium will address On behalf of my neighbors, we strongly urge you to pass the moratorium Maureen McGarrigle, 3227 Aquila Lane, Lynn Carper, 4010 Highwood Rd , Kathy Wiggins Nordstrom, 3031 Aquila Ln and Barbara McAdams, 8745 Minnetonka Blvd all spoke in favor of the moratorium Mayor Hanks asked Mr Meyer to address agenda Item 9a, Agreement with Hennepin Parks for Southwest Regional Trail The purpose of this agreement would be to develop the exact type of trail system some of the speakers mentioned The reason it's being done as a cooperative agreement with Hennepin Parks is because it would be a trail system to link up to Cedar Lake Trail in Minneapolis, cutting diagonally through St Louis Park, and hooking up to the Hopkins Trail on on west Putting together the project will involve the acquisition of property and developing the capital funds to do the project Councilmember Latz addressed the question of a broader moratorium on all open space development in the City as St Louis Park is just about fully developed with precious little open space left He said it had been a long time since there has been a comprehensive assessment of what space is left undeveloped and what we want to keep undeveloped He referenced a couple of situations in the recent past where development was proposed, i e the Bateson property, Ewing wetlands and now the Hutchinson Spur, where the Council had to deal with them on a case-by- case basis without any real criteria on how to determine the best disposition of the property He felt the full development of St Louis Park merits a comprehensive assessment and the way to accomplish this was with a moratorium in place It was moved by Councilmember Latz, seconded by Councilmember Dorfman, to adopt Ordinance 95-2035 entitled"An interim ordinance regulating the development of existing vacant land in the City of St Louis Park and directing that a study be conducted " 123 Councilmember Jacobs agreed, but felt lukewarm about the moratorium He was aware of the concerns of business owners and developers re moratoriums, that they are a powerful economic tool He supported a balanced task force, one including representatives of the business community and that provision be made for expeditious exemption of those properties which can be identified early on as having no value as parkland Councilmember Haun said a fairly comprehensive study of open space was done in 1959 and 1960 During the ensuing 35 years, the park system was then developed He would support the interim moratorium if it included a clause that properties would be looked at and evaluated in a 60-90 day period and those properties which have no value for park purposes be released He said property cannot be banked as much of it is privately owned He made a friendly amendment to Councilmember Latz' motion that properties deemed of no value for parkland be immediately released Councilmember Latz suggested amending the ordinance in Section 2 03 to require that within 90 days of the adoption of this ordinance, Phase 2 of the study(2 01bB) shall be completed and the results reported to the City Council, Ms Pace cautioned about setting a time limit as to what would happen in the event the task force develops criteria but doesn't review each parcel against the criteria within 90 days She said Section 2 3 addressed the concerns expressed by Councilmember Haun Councilmember Haun understood Ms Pace's concern, but it does encompass the fact the task force at that point in time will have a goal to work toward He acknowledged it might not be done until the 92nd or 93rd day, or conversely completed by the 80th day, but without some criteria the study could drag on for 6 to 9 months and becomes a full-blown moratorium He wanted something in the ordinance for the task force to work toward which would be a timeframe Ms Pace suggested the Council might want to consider providing the timeframe, 90 days, and to the extent it didn't happen that the task force would report back to Council with a request for a reasonable extension and explanation as to where they were and what had occurred Mr Meyer said what Councilmember Haun was requesting could be accomplished by providing the ordinance as it is written but provide a separate and specific motion setting forth the time limits by which you want the report back to Council The concern would be if a property is not exempt within the 90 days, does that preclude it from being exempted on the 92nd day If this is made part of the ordinance, it is a greater concern than if it is part of a separate motion in which the Council indicates it would like the property list and recommendations back within the 90-day timeframe Councilmember Latz incorporated into the ordinance at the end of 2 03 that notwithstanding the foregoing, the task force can at any time after development of qualifying criteria (2 O l b I) may recommend to the City Council the release of individual properties from the moratorium 124 Councilmember Young as if in the 1959-60 study was a moratorium enacted Councilmember Haun said there was no need as the City was in the building/growth stage Restrictions such as wetland controls were not in effect then Councilmember Young asked if then the City ran into situations where developers came in and got lands that perhaps the City might have wanted for parkland Councilmember Haun said condemnation proceedings were instituted 2 or 3 times Councilmember Dorfman believed the City doesn't have a policy or criteria to fall back on when developers come in with plans She felt it would be of economic benefit to them to have something of that order in place Mayor Hanks did not favor a moratorium He asked who would do the study, the 7 people listed in staffs report Mr Meyer said it was staffs recommendation that the task force along with the Parks and Recreation Commission would do the study A consultant was not being recommended at this point but one could be brought in as necessary Mayor Hanks was concerned with tying up business development for a year 90 days runs to October and who is building in November through January He expressed concern about who would make the decisions and what happens when they come back to Council The motion passed 5-1 (Mayor Hanks opposed) incorporating the amendments that a report come back in 90 days with recommendations to the Council as to what properties should be exempted as not meeting qualifying criteria and also if at any time during the course of the study the task force concludes that a property will not have any public use or purpose that that be reported back to Council with recommendation for exemption from the moratorium 8b Community Development Block Grant - 3rd party sub-recipients agreement Resolution 95-96 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-96 entitled"Resolution authorizing Mayor and City Manager to execute sub- recipient agreement with Hennepin County for 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program " The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a Agreement with Hennepin Parks for Southwest Regional Trail 125 Ms Pace said her office had reviewed the agreement and some minor clarification of the , responsibilities between the parties had been offered She explained that condemnation is a power that the City has under its police powers to exercise what is called its power of eminent domain to condemn property It would be a procedure whereby an action is filed against the property indicating the City, for a public purpose -- in this case for a trail system -- intended to acquire the property A petition for condemnation would be filed in District Court which would determine if there was a valid public purpose Three persons would then be appointed as condemnation commissioners experienced in real estate who would conduct a hearing as to valuation The commissioners view the property and in their judgment issue a condemnation award (what the City would pay for the property) Mayor Hanks asked if through the moratorium it is assumed the Hutchinson Spur is needed for the trail system, how does the City get possession of the land Ms Pace said negotiation was one approach Mayor Hanks noted that the City and Hennepin Parks have to agree to move ahead with the acquisition after the award of the condemnation commissioners is made It was moved by Councilmember Latz, seconded by Councilmember Haun, to authorize execution of the agreement including non-material changes as recommended by City Attorney's office 111 The motion passed 6-0 9b Void - 9c Minutes. Parks and Recreation Commission June 14 9d Minutes. Housing Authority June 13 9e Minutes Neighborhood Revitalization Commission June 14 9f June 1995 financial report 9g Minutes Human Rights Commission June 21 By consent, items 9c-9g ordered filed by consent UNFINISHED BUSINESS 10a Boards and commissions NEW BUSINESS 11a Bid tabulation. Furnishing and installation of one dump body with hydraulic system 126 and attachments It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to accept proposal of Crysteel Truck Equipment and authorize execution of a contract not to exceed $23,901 11 b Election of Mayor Pro Tern It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to elect Councilmember Haun as Mayor Pro Tem The motion passed 6-0-1 (Councilmember Haun abstained) MISCELLANEOUS 12a Damage claims Jane Zimmerman, Francisco Trejo By consent, claims referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Hanks said he had attended a meeting of Hennepin Works One program tentatively approved was the trail system The consortium is asking the City to support the projects and he was asking that the report be placed on an upcoming study session He referenced the note from Linda Mack Ross and the Human Rights Commission sponsorship of a photography contest Mayor Hanks said he was willing to serve as a judge Councilmember Dorfman said she would also serve as a judge I2c Communications from the City Manager No report CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Vendor claims By consent, approve and authorize payment in the following amounts Vendor claims $442,628 87 and payroll claims $64,567 46 14 Adjournment The meeting adjourned at 8 50 p m I 6 /o4 ' Ma/'r Lyle Hanks tAwit, Recording Secretary 127