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HomeMy WebLinkAbout1995/09/18 - ADMIN - Minutes - City Council - Regular q MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA II September 18, 1995 1. Call to order , Mayor Hanks called the meeting to order at 7.30 p.m. 2. Presentations Mayor Hanks presented awards to this year's recipients of the Evergreen Award. Ruth Kirschner and Patty Betlach spoke to Council about Suburban Alliance and thanked the City for its continued support. 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 Acting City Manager(Mr. Wysopal); Deputy City Attorney(Ms. Pace); Director of Community Development(Mr. Harmening);Director of Public Works (Mr. Rardin); Director of Inspections (Mr. Petersen); Planning Coordinators (Ms. Erickson, Ms. Jeremiah) and Superintendent of Engineering (Mr. Moore). . 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the September 5 City Council meeting with the following correction: Councilmember Latz was out of the chambers for the vote on item 6c, not 6b. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda for September 18, 1995 The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for September 18, 1995 with the following addition: 10b Cedar Lake Rd. The motion passed 7-0. 163 City Council meeting minutes September 18, 1995 PUBLIC HEARINGS 6a. Zoning Ordinance amendment: Permit offices in R-4 District 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 Jacobs, seconded by Councilmember Haun,_to approve first reading, set second for October 2, 1995 and authorize summary publication. Councilmember Sanger asked about off-site parking to accommodate customers of the business. Ms. Jeremiah noted that item"f' in the conditions of the ordinance speaks to the setback of the parking areas and that parking areas shall conform with all provisions of the off-street parking ordinance. The motion passed 7-0. 6b Zoning Ordinance amendment: Creation of M-X Mixed Use District and additional amendments. Councilmember Haun felt that because of the complexities of this proposed ordinance he'd like to see it discussed at a study session. It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to continue the public hearing to October 2, 1995 and place it on the next upcoming study session. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Appeal of denial of variance from Board of Zoning Appeals: Monterey Co-Housing Community Monterey Co-Housing sought a variance to permit vinyl lap siding instead of the approved Class I material. BOZA denied the request and they now appeal to the City Council. Mr. Petersen explained the ordinance stipulates at least 60 percent of the wall area be of Class I material such as brick, marble, stone, stucco. It does not permit the vinyl siding, a Class III material, and is limited to 10% of any residential building containing more than 4 units. 164 City Council meeting minutes September 18, 1995 Ir Councilmember Sanger asked why does vinyl siding become less desirable if you have over 4 units. Mr. Petersen said the restriction involves increased maintenance of materials of wood and vinyl as opposed to brick or stone Councilmember Young asked if the neighboring properties were in attendance at the BOZA meeting and what their reaction was. Mr. Petersen said staff had a letter from an adjacent property owner expressing no objection. Mayor Hanks said the president of the Monterey Park Homeowners Assoc. had sent Council a letter stating its Board supported the BOZA decision to deny the variance. They preferred the use of brick to stucco and wood to vinyl as Class I and Class II materials, respectively There was some confusion: the letter to the Mayor was signed Monterey Park Homeowners Assoc. and the handwritten letter to the Co-Housing Community was from the Monterey Park Townhomes Assoc. Mr. Petersen said it was not know if they were one in the same or two different organizations. 111 Councilmember Jacobs felt perhaps the'question was should a variance be granted at all as opposed to changing the ordinance. He was unclear as to the rationale for why one particular building material would be acceptable for four houses and then suddenly at five it becomes unacceptable. Carol Parry, 2925 Monterey Ave. said she didn't believe they could wait to have the ordinance studied as they were in the middle of construction. She said the siding on the current building is brick; the Monterey West Townhomes, the only people to see the building under construction, are brick for the garage level, about 25%, and wood siding for the rest of it. Their request is to try to pull them into the existing neighborhood which is brick and siding as opposed to stucco. Councilmember Haun felt the issue needed to go to the Planning Commission to see if the ordinance needs to be changed. He noted the improvements over the years in wood and various types of vinyl and aluminum siding and the increase in their lifetime expectancy Mark Spangler, 2918 Monterey, addressed Council. He wanted to clarify for Councilmember Young that there were two homeowners who spoke at the BOZA meeting in opposition to the vinyl siding. He said the townhomes directly adjacent to the property in question are not of a vinyl material, they are of a wood material. Within the 18 units there, there are several that are under the four limit home per building and the materials used in their construction met the requirements of the ordinance. Although Mr. and Mrs. Uri were not in agreement re the materials, the remaining property owners, 27 in number, are in general agreement not to have it vinyl. He 165 City Council meeting minutes September 18, 1995 wished the denial to be upheld because the surface area is much more extensive than what was presented. Mayor Hanks asked if the denial is upheld, could construction be 60% stucco and 40% vinyl. Mr. Petersen said correct; the limit on 10% is concrete, the wood lap and vinyl lap could be up to 40%. Councilmember Dorfman said Monterey Co-Housing has been in the community almost three years, has been active in the Fern Hill Neighborhood and do an excellent job maintaining their property She agreed that the issue of construction materials should be sent to Planning to look at the use of vinyl lap which she believes has been greatly improved over the past few years. Also, Monterey Co-Housing was building the homes for themselves, not to make a profit on resale. It was moved by Councilmember Dorfman, seconded by Councilmember Sanger, to direct staff to prepare a resolution of approval with findings, thereby reversing the decision of BOZA to deny the variance request and bring to October 2 Council meeting. Councilmember Jacobs asked for clarification: Currently it would be a 60% stucco and what could be the other 40% under the current ordinance. Mr. Petersen said the Co-Housing can use 60% of either stucco or brick or stone and the 40% can be the lap siding or wood siding. . Councilmember Latz noted the staff report made reference to economic reasons. Is there an economic reason for vinyl lap siding instead of more brick, i.e. what is the cost differential, and when did they become aware of the siding problem.. Ms. Parry responded 25%brick would be equal to the cost of 60% stucco. They can't use 60% brick because of the weight. This came to their attention when they pulled the building permit in August. She said there would be no cost differential in that if the variance is permitted, they will put up 25%brick; without a variance they will put up 60% stucco and the cost will be the same. Councilmember Latz felt the Council should not have been faced with this problem if the architect and all involved had adhered to the City's ordinances. Councilmember Young complimented Monterey on what he felt was a terrific concept. As a former member of BOZA, he noted that that Board paid a lot of attention to what neighbors had to say He did not recall in the past few years the Board approving a variance where the neighborhood was not supportive. He also was concerned that 5 of the 7 criteria were not met and would not want to see the Council continually overruling decisions of BOZA. 166 City Council meeting minutes CSI September 18, 199 The motion passed 4-3 (Jacobs, Haun, Sanger, Dorfman in favor; Latz, Young, Hanks opposed) It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to bring the issue of class materials to the Planning Commission. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Conditional Use Permit to fill two lots: Halley Custom Homes Resolution 95-116 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-116 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 5,000 cubic yards of fill for property zoned R-1 Single Family Residence District located at 3900 and 3904 Cedar Lake Rd." The motion passed 5-2 (Councilmembers Dorfman, Sanger opposed). 8b Conditional Use Permit: Minnehaha Creek Watershed District - To permit removal of 49.000 cubic yards of soil material from Cedar Meadows Park at 3930 W 26th St. and 2601 Glenhurst Ave. Resolution 95-117 Grant Merritt, attorney at law, 2100 Metropolitan Centre, addressed the Council. He was opposed to lagoons and surmised that was what was planned for in front of Shirley Gale's home He said that was not permitted under the R-1 zoning definition. He said the EAW does not address alternatives. He said there were a number of ways to deal with stormwater runoff. Mayor Hanks informed Mr. Merritt that the majority of the proposed basin was in Minneapolis which has already approved the project. Ms. Erickson displayed a topographical map and showed the delineation of Minneapolis and St. Louis Park to clarify exactly what portion is in St. Louis Park. Mr. Latz asked what kinds of alternatives did Mr. Merritt have in mind. Mr. Merritt responded prevention at the source; other kinds of mechanical treatment facilities; do a more thorough environmental review. Susan Palchik, Mosquito Control District, said the District had received a letter from the Park Board stating they would like to work with the District to develop an integrated pest management plan in the Cedar Meadows wetland. 167 City Council meeting minutes September 18, 1995 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-117 entitled"A resolution granting Conditional Use Permit under Section 14 4-9(B) of the St Louis Park Ordinance Code relating to zoning to permit removal of 49,000 cubic yards of soil from Cedar Meadows Park for property zoned R-1 Single Family Residence District located at 3930 W 26th St. and 2601 Glenhurst Ave." Councilmember Dorfman said she would support this motion and noted that the Twin Lakes neighborhood through its Task Force had the opportunity to address their portion of the project while the Cedar Meadow residents had not." She said the Fern Hill neighborhood was not as involved as was Lake Forest. Someone had suggested to her it was a bluff by the Watershed District and it should be turned down and see if they are really serious She was not willing to do that. Councilmember Haun called the question. The motion passed 7-0 The motion passed 7-0. 8c. Approval of contract with Minnesota Housing Finance Agency Resolution 95-118 . It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt II Resolution 95-118 entitled"Resolution authorizing application for Phase VIII MHFA Deferred Loan Program funds, October 1, 1995 through September 30, 1997 " The motion passed 7-0. 8d. Second reading of ordinance amending Zoning Ordinance- Treatment of non-conforming single family houses Ordinance 95-2038 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Ordinance 95-2038 entitled"An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Sections 14.5-4.5(B), 14.5-4.5(G), 14:5-4.6(G) and 14:7-3(A)(3) " The motion passed 7-0. 8e. Minor amendment to approved special permit: Dungan's Restaurant, 5916 Excelsior Blvd. Resolution 95-119 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-119 entitled"A resolution rescinding Resolution No. 7494 adopted on November 7, 1983 and granting Conditional Use Permit under Section 14:8-6 4(D) of the St. Louis Park Ordinance Code 168 C City Council meeting minutes September 18, 1995 relating to zoning to allow a minor amendment to a Continued Special Permit at 5916 Excelsior Blvd." Councilmember Young asked if the outdoor eating areas in the City were non-conforming. Ms. Erickson said the ordinance states you cannot have business activity, i e. serving food or liquor, in a C-2 District outside of a building. Brueggers, with no business activity outside of the building, is permitted where people purchase inside and then sit outdoors to eat. The motion passed 7-0. 8f. Resolution naming election judges/polling places for November 7 election Resolution 95-120 By consent, Resolution 95-120 entitled"A resolution designating election judges and polling places for the November 7, 1995 City general election" was adopted. II 8g. Permit fee modifications It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second for October 2, 1995 and authorize summary publication. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Amendment to Board of Zoning Appeals Rules of Procedure It was moved by Councilmember Young, seconded by Councilmember Sanger, to approve the amendments to BOZA Rules of Procedure. The motion passed 7-0. 9b. Traffic controls: W 32nd St/Virginia Ave -No 503 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to direct staff to hold a neighborhood meeting. The motion passed 7-0. 169 City Council meeting minutes September 18, 1995 9c Consultant selection for development of a Municipal Water Resources Management Plan and Water Contingency and Conservation Plan Resolution 95-121 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-121 entitled"Resolution authorizing execution of a contract with Orr Schelen Mayeron and Associates, Inc. for professional services for the development of the City's Water Resources Management Plan and Water Contingency and Conservation Plan" The motion passed 7-0. 9d. Traffic controls: 3300 Huntington Ave. -No 504 Resolution 95-122 By consent, adopt Resolution 95-122 entitled"Resolution authorizing parking restrictions at 3300 Huntington Ave., Traffic Study No. 504" 9e. Traffic controls- 5700 W 36th St.-No. 505 Resolution 95-123111 By consent, adopt Resolution 95-123 entitled"Resolution authorizing parking restrictions along Xenwood Ave. north of W. 36th St., Traffic Study No. 505." 9f. Traffic controls. 3930 & 3940 Louisiana Circle-No 506 Resolution 95-124 By consent, adopt Resolution 95-124 entitled"Resolution authorizing parking restrictions along Louisiana Circle west of Louisiana Ave., Traffic Study No. 506". 9g. Traffic controls: 2230 Edgewood Ave -No 501 Resolution 95-125 By consent, adopt Resolution 95-125 entitled"Resolution authorizing parking restrictions at 2230 Edgewood Ave., Traffic Study No. 501" 9h Traffic controls: Monterey Ave. north of Minnetonka Blvd -No 502 Resolution 95-126 By consent, adopt Resolution 95-126 entitled"Resolution authorizing parking restrictions along Monterey Ave. north of Minnetonka Blvd., Traffic Study No. 502." Il 170 9I. Annual financial report City Council meeting minutes September 18, 1995 9j. Minutes- Planning Commission Sept 6 9k. Minutes- Neighborhood Revitalization Commission Aug 9 91. Minutes Human Rights Commission August 23 9m. August financial report Items 9I through 9m ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business 10b. Cedar Lake Road Mr. Rardin explained that because of unforeseen delays it would be mid to late November before the contractor can complete the job which is of concern because of potentially poor weather setting in. The plan for construction between Sumter and Nevada is to construct the north half of the road and when that is done, construct the south half and this is estimated to take between 3-4 weeks for each of those phases with a mid- to late November completion date. The options on that section of road would be to do the north half of the road as planned and then re-evaluate in one month to see if it is worth taking the risk to do the second half. Another option would be close this section of road to through traffic and allow only local traffic to use the section between Nevada and Sumter Ave. East/west traffic would be detoured at Texas north to the I-394 frontage road and over to Louisiana. Another option would be to not allow the contractor to work on that section this Fall and come back next Spring and complete it. Mayor Hanks asked if the contractor would guarantee a time for completion if the section is closed and the detour put into effect. Mr Rardin said that in all likelihood what would take them to do the whole road, if they can work in a closed condition, is about the same amount of time it would take them to do the north half of the road. Councilmember Young said of the options presented he favors the first one because the Council and the Task Force committed to the people of St. Louis Park, particularly the residents along 171 1 Cedar Lake Rd , that the roadway would be kept open during construction, at least one lane, at all times. City Council meeting minutes September 18, 1995 Councilmember Haun asked Mr Rardin if the contractor would be able to provide a driveable situation on the unimproved section because if one half of the road is torn up and snow comes, there is going to be a mess. Mr. Rardin said their intent would be to leave the pavement in place on the south half of the road as it is now. From the center line north, construction would take place. All the pavement on the south half will remain in place unless it seems construction can be accomplished in good weather Councilmember Sanger asked if any consideration had been given to seeing if the contractor could work nights, weekends to get it done. Mr. Rardin responded that since the utilities have been taken care of, the contractor and his employees have been putting in between 50 and 60 hours a week. Councilmember Jacobs said he had some comments that in going from Minnetonka Blvd. to Cedar Lake Road the backup is a problem. He asked if anyone had spoken to MnDOT about cutting off the traffic lights from Minnetonka Blvd northbound onto Hwy. 169. Currently they go on about 2:00 p.m., not a dense traffic timeII Mr. Moore said he had talked to the Traffic Management Control Center about the ramp meter lights and he was told they were going to change the metering to later in the day and to increase the speed to get more traffic out on 169 because it's a detour route. Councilmember Jacobs said apparently nothing has been done and he would appreciate Mr. Moore checking up on it. NEW BUSINESS 11 a. Bid tabulation: Paving. curb/gutter Ottawa Ave/Belt Line Blvd./CSAH 25 Resolution 95-127 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 95-127 entitled"Resolution accepting bid and authorizing execution of a contract for City Project Nos. 93-17 and 87-29, roadway and traffic signal improvements at County Road 25 and Ottawa Ave./Belt Line Blvd." The motion passed 7-0 l lb Bid tabulation: Furnishing and installation of one utility body and one utility body and aerial crane lift 1 172 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to accept the proposal of Crysteel Truck Equipment for the purchase and installation of one utility body and crane and authorize execution of a purchase agreement not to exceed $18,491.00 and to also City Council meeting minutes September 18, 1995 authorize execution of a purchase agreement with Truck Utility Company not to exceed $26,493 00 The motion passed 7-0 11c. Bid Tabulation: New traffic actuated signal system and miscellaneous road work at Excelsior Blvd./W 38th/Monterey Ave Resolution 95-128 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 95-128 entitled"Resolution accepting bid and authorizing execution of a contract for City Project 94-17, construction of traffic signal and miscellaneous roadway improvements at the Excelsior Blvd. and W. 38th St./Monterey Drive intersection." The motion passed 7-0 MISCELLANEOUS 12a. Damage claims Marilyn and Lloyd Boone; Damon Lacey; John Peterson By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks noted the study session for next week and that Monday was Rosh Hashanah. It was the consensus to schedule the study session for Tuesday, September 26 at 710 p.m. 12c. Communications from the Acting City Manager None. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, approve the verified claims and authonze distribution of checks in the following amounts: Vendor claims: $ 345,413 56 and payroll claims $37,970 99 14 Adjournment 173 The meeting adjourned at 9.28 p m. /# a), 4412 Mayor,/yiee Hanks Recording Secretary I 174