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HomeMy WebLinkAbout1998/07/20 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA July 20, 1998 1. Call to Order - Mayor Dorfman called the meeting to order at 7 30 p m 2. Presentation -None 3. Roll Call The following Councilmembers were present Jeff Jacobs, Chris Nelson, Sue Sanger, Ron Latz, Robert Young, Jim Bnmeyer and Mayor Gail Dorfman Also present were the City Manager (Mr Meyer), City Attorney (Mr Scott), Director of Community Development (Mr Harmenmg), Economic Development Coordinator (Mr Anderson), Director of Public Works (Mr Rardin), Planning Manager (Ms Jeremiah), and Planning Associate (Ms Peterson) 4. Approval of Minutes City Council meeting of July 6, 1998 The minutes were approved as,presented City Council Executive Session July 6, 1998 The minutes were approved as presented 5. Approval of Agendas a. Consent Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the consent agenda The motion passed 7-0 b. Agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger to approve the agenda The motion passed 7-0 c. Resolutions and Ordinances By consent, Council waived reading of resolutions and ordinances 6. Public Hearing 6a. Public hearing and 1st reading of an ordinance to amend City Charter Chapter 11.03 (Vacation of Streets) and certain Appendices Mayor Dorfman stated that it takes a unanimous vote to change the City Charter Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date Councilmember Nelson asked to see a copy of the minutes from the last City Charter Commission meeting before second reading It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to waive first reading of the ordinance to amend Charter Section 11 03 and Appendices and set second reading for September 8, 1998 The motion passed 7-0 6b. Comprehensive Plan Amendment to Trail Designation Case No. 98-12-CP Resolution #98-96 Janet Jeremiah, Planning Manager, gave a staff report outlining the proposed Comprehensive Plan amendment to move the trail designation from a portion of the former Hutchinson Spur railroad property near Aquila Avenue and 31st Street to adjacent public property to the east She stated that the Planning Commission had recommended approval contingent on consideration of the proposed realignment by the Parks and Recreation Advisory Commission and the School Board Marcia Oleisky, 8905 W 34th Street, President of Aquila Park and Trail Neighborhood Association, thanked the Councilmembers for giving the time to listen and gave a very special thank you to Councilmember Nelson, Councilmember Latz, and Mayor Gail Dorfman for taking the time to walk the property with her She said that the Association was not against the trail, but asked that the Council not to change the Comprehensive Plan to realign the trail She recommended that funding options be examined to purchase the property from the developer John Iacono, 8900 W 34th Street, questioned the loss of trees which would occur should the trail be realigned, the freedom of the developer to remove trees, and also questioned the impacts of park (lighting and noise) on proposed adjoining residential properties Ms Jeremiah indicated that if a trail easement was to be purchased on the private property, it would be on the east side where there are a substantial number of trees She stated that the preliminary plat showed retention of substantial amount of trees which would add value to the property Mr Scott, City Attorney, stated that the existing lighting ordinance would apply to the use of the park facility Councilmember Brimeyer stated that residents have a general awareness of the park nearby and the potential impacts of living there F' Councilmember Nelson asked staff to address the use of the Water Utility Fund to purchase property from the developer Mr Meyer explained that the funds from the Water Utility Fund would be used for the purpose of acquiring necessary easements and that the balance of the funds are either designated for capital improvements to the water system or for costs incurred at the Reilly site Tom Hilgers, 3042 Aquila Avenue, has been a resident for 14 years He asked the Council to save the environment and make votes count Glen Aberly, Decatur Lane, has been a resident for 57 years He was concerned about the safety of having a trail that would allow walkers, bikes, and roller blades together Brenda Litman, 3001 Gettysburg Avenue South, believed that the City of St Louis Park needed to guard green space and groves of trees in order to remain competitive She believed the trail was being squeezed in and the housing development would threaten the neighborhood Dorothy Brannon, 8951 W 36th Street, asked if the Comp Plan would need to be changed for the trail development along Phillip's Parkway She asked if the purchase II agreement that was made with Mr McCullough agreed to moving the trail off of his property and asked Council to table decision to change the Comprehensive Plan and look into the possibility of purchasing the property to keep trail where it was originally designed Mr Harmening reviewed the proposed trail design for the Phillip's Parkway area and Ms Jeremiah stated that there would be additional Comprehensive Plan amendments that would be necessary to accommodate the proposed trail alignment in other areas, but the only change being initiated at this time was near 31st Street Mayor Dorfman asked staff to comment on trail design and the time line for development as it related to funding Steve Steuck, 8812 W 36th Street, was opposed to moving a trail designation from a portion of the former Hutchinson Spur Laura Cripps, 3309 Aquila Lane, welcomed the trail, but preferred that the green space be preserved She was concerned that an additional 11 homes would create a dangerous and unsafe traffic situation, and move-up homes on small lots She asked that other options be examined to buy property or reduce the number of homes being proposed Marlys Balweber, 3235 Aquila Lane, had a hard time understanding how the entire City was being intimidated and threatened by one individual and believed that with additional funding land could be purchased Bud Kraehling, 8821 W 34th Street, asked if a flooding issue had been addressed Ms Jeremiah stated that the consultants have looked at the problem area and there were some drainage and grading problems north of 31st Street She stated that that there will be a condition that the grading and drainage issues in the area be coordinated between the single family home proposal and the trail proposal Barbara McAdams, 8745 Minnetonka Boulevard, was concerned about noise and concurred with Marcia Oleisky on all the issues Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date Mayor Dorfman asked staff if any negotiations have taken place for acquiring this piece of property Mr Meyer reviewed the history of attempting to purchasing the property to develop a trail He stated that the City had acquired a federal grant but the condemnation process and negotiations to acquire the whole parcel had failed The City had not entered into serious negotiations to purchase the additional piece because it was known that the City did not have the budget to purchase it Based on the condemnation award, the price to acquire these additional lots would be in excess of$500,000 Mayor Dorfman clarified that the purpose of changing the Comp Plan at this time it to move forward to meet the ISTEA regulation and have consultants begin to plan the trail design Councilmember Latz asked if the City could move forward with the consultants and the planning if the designation of the trail in this area is left undetermined Mr Harmening stated that the design aspects of the trail project could continue, but by the end of this year we will have to show the State of Minnesota that we have the rights over all of the property in St Louis Park to construct this trail either by easement or fee title Councilmember Latz stated that taking time to determine if other funds were available to purchase property would not inhibit the city's ability to prepare plans He felt that ISTEA funds could be protected while conflicting use between residential and parks was examined Mr Scott, City Attorney stated that the city would not have any legal liability as far as any impacts of the park on residential property Councilmember Latz asked what would happen if the Comp Plan were not amended to move the trail designation, since the property owner was aware of the designation and restrictions at the time of purchase Mr Scott stated that the owners were aware of the property's designation for potential public use, but informed those in attendance that the parcel is private property In order for the City to implement the proposed public use by acquiring the private property, the court would determine the value of the property by ignoring the trail designation and calculating the property's value at a price commensurate with what the owner would have used the property for Councilmember Latz asked the City Attorney several questions related to initiating the condemnation process in order to acquire the property and the option of choosing not to remove the trail designation Mr Scott explained that if the City chose not to remove the designation, the City could get sued by the property owner saying that as a result of the designation he couldn't use the property He could then go to Court and the judge would rule that the City had taken the property The judge would then appoint Commissioners to determine the value Mayor Dorfman noted that the city could incur substantial legal cost which would not be 111 shared by Hennepin County as done in the first condemnation process Councilmember Latz stated that from a public policy standpoint and his viewpoint the desire is to have a straight trail The City preservation ordinance does not cover the amount of loss of green space He believed there was ample time to continue addressing issues of financing without jeopardizing the ISTEA funding, and time for preliminary plat approval He believed that with issues pending and the interest of the neighborhood, and time needed to search for funding, it was in the best interest of the City and constituents in Ward 3 to delay this issue Councilmember Sanger asked if the Comp Plan was not amended could the development still occur Ms Jeremiah stated that the Comp Plan does not specify that the trail has to be centered on the Hutchinson Spur property Through the preliminary plat process there will be a finding that the proposal is consistent with the Comp Plan, and as long as the trail is shown somewhere on the single family property a finding for consistency could be made She indicated that the official map doesn't prevent development, but stated a building permit cannot be issued unless the official map is amended Councilmember Nelson asked if the trail designation had to be moved in order to build on the public property Ms Jeremiah stated that this change would be advisable, but not required Councilmember Nelson stated that he did not want to delay the trail and did not see a way to reasonably acquire the property Councilmember Latz desired to preserve as much land as possible Councilmember Sanger did not want to do anything to delay the trail If the Comp Plan amendment was approved, it did not preclude the Council from negotiating a partial purchase Mr Meyer indicated that the financing plan for property and easements had focused on trail development and to show MN Dot for the ISTEA funding that the City has title to all necessary land in order to put trail through, He explained that it would be difficult to use acquisition of open space as the justification for bonding to be spread across the City's tax base Councilmember Latz stated that the preliminary plat had to be consistent with the Comp Plan So if the Comp Plan had a trail on the property and was not consistent with the preliminary plat application, the City had a discretionary ground for denying the preliminary plat application and provide negotiating leverage Ms Jeremiah indicated that the proposed lot size was the largest lot size requirement and some were in excess of this requirement — Councilmember Young reminded other members of Council that a specific goal of Vision St Louis Park was a high level priority to bringing in move-up housing and he felt it unwise to purchase the property Mr Jeremiah stated that the Preliminary plat showed several different housing types that are meant to preserve grade and the greatest number of trees Designs would be available at the August 3 meeting Mayor Dorfman noted that it would take 5 votes to change the Comprehensive Plan Councilmember Nelson stated that approving the amendment to the Comp Plan would secure move-up housing, but was not necessary to secure ISTEA funding, or to develop the trail Mr Harmening stated that delaying approval to look at options unrelated to the construction of the trail would be no problem, but if the intent was to actually locate the trail on the Hutchinson Spur property in this area then there would be a problem in meeting time line requirements Councilmember Jacobs was in favor of moving ahead with the trail and did not want to do anything to delay its development Councilmember Bnmeyer saw no reason for delaying the decision to approve amending the Comprehensive Plan Councilmember Latz asked staff what would happen to federal funding if the City were to go back and improve the alignment of the trail if the property could be purchased with no development Mr Harmening was not aware if showing two trail alternatives was possible, but would need to check with consultants Councilmember Latz commented on the original acquisition budget and excess amounts to be used to negotiate a purchase of the property It was moved by Councilmember Latz, seconded by Mayor Dorfman, to table the issue until August 3, 1998 Mayor Dorfman stated that she was not willing and felt it would be irresponsible for the Council to go down a road that brings us to a second round of condemnation proceedings on this property to prevent subdivision She felt that Council desired more time to explore the feasibility of purchasing the property and that they could consider how to justify to the citizens of St Louis Park that this was worthwhile for the entire city She also felt it would be impossible to preserve the current tree buffer with tree replacement policy Councilmember Sanger indicated that this may be a good illustration of the need to strengthen the tree replacement policy and requested that it be discussed at the next City Council Study Session The motion failed 3-4 with Councilmembers Dorfman, Latz, and Nelson voting in favor and Councilmembers Brimeyer, Jacobs, Sanger, and Young opposed It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt a resolution amending the Comprehensive Plan to move approximately 1200 feet of trail designation onto Aquila Park property, 31st Street right-of-way, and a portion of Aquila School property The motion passed 5-2 with Councilmembers Brimeyer, Jacobs, Nelson, Sanger and Young voting in favor and Councilmember Latz, and Mayor Dorfman opposed It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to direct staff to approach the owner of this property with the intent of negotiating for acquisition of this property and thereby preventing development on it Councilmember Sanger asked if the motion went toward the purchase of the entire property or encompassed the possibility of purchasing selected portions of the property Councilmember Latz indicated that it went toward the property that was subject property discussed which was that portion of the Comp Plan trail designation that had been removed by Council Councilmember Young raised concern about asking staff at this late hour to dedicate additional time to a subject that has been discussed extensively and commented on the reality of lack of funds for purchase Mayor Dorfman she did not feel comfortable with opening up discussions with Mr McCullough at this point, but would be more comfortable with bringing the issue to the next study session to discuss additional funding options, if the property was for sale, and what the cost would be Councilmember Brimeyer asked the City Attorney to clarify potential conflict between subdivision approval and purchase of the property Mr Bubul indicated that they were two different topics The subdivision approval would be disconnected from any negotiations Rules would have to be applied to subdivision and regardless if we were entertaining purchasing the property, that could not influence Council in passing judgment on the subdivision Councilmember Latz withdrew his motion and requested that issue be discussed at next study session 6c. Vacation of storm sewer easement at 7244 Cedar Lake Road Case No. 98-17-VAC Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date It was moved by Councilmember Young, seconded by Councilmember Brimeyer, to waive First Reading of the proposed ordinance vacating that particular storm sewer easement created in Document No 328909 (effective upon approval and execution of a new storm sewer and sump easement document and installation of the new storm sewer) and set second reading for August 3, 1998 The motion passed 7-0 6d. Excelsior Townhomes Conditional Use Permit Excelsior Townhomes Preliminary Plat with Variances Case No. 98-20-CUP and 98-19-S 111 Resolution #98-97 and #98-98 Sacha Peterson, Planning Associate, gave a staff report that reviewed Edina Development Corporation's request for a Conditional Use Permit for Cluster Housing and Preliminary Plat with Variances to the Subdivision Ordinance to allow construction of 38 townhomes on individual building lots plus a private street system and open space on one common lot in the R-4 Zoning District at 7100-7102 Excelsior Boulevard Staff recommended approval Mayor Dorfman closed the public hearing with the right of the Council to reopen it at a future date Councilmember Dorfman asked how far the site was from the playground at Meadowbrook Ms Peterson indicated that the playground was approximately 200 feet from Meadowbrook Councilmember Nelson asked if the park dedication fee was reduced Ms Jeremiah stated that the park dedication fee was not reduced Mr Meyer, City Manager indicated that the City has a lease agreement with Meadowbrook to provide public access to the playground Councilmember Sanger was concerned about environmental and flooding issues and the allowance of 20 foot roadways Ms Peterson stated that the developer was actually exceeding the requirement for replacement on the flood plain and clarified wetland restoration on the site plan Derrick Passe of Passe Engineering clarified that the wetland fill is under the 400 square feet, which is required to have replacement by the Wetland Conservation Act He identified the different areas, and stated that although the project did not specifically replace wetland on the site, roof drainage from the buildings would go to flat grassy areas adjacent to the existing wetlands Ms Peterson clarified that the 20 foot roadway does accommodate two cars Mr Harmening stated that 24 foot roadways was preferred, but since the number of units was relatively low that roadways were sufficient and the association would be responsible for maintenance Councilmember Jacobs was concerned about the enforcement of the flood plain ordinance and the 20 foot roadways Ms Peterson stated that all of the green space of the proposed development was required as the usable open space minimum, so the City has power to enforce maintaining any area as green space Jack Kranovich, Edina Development, stated that this housing development was within The Vision 2000 plan for the City of St Louis Park He indicated that the Developer had worked through all the issues and concerns that were raised by the Planning Commission and Council and had increased the budget to meet requirements It was moved by Councilmember Nelson, seconded by Councilmember Young, to adopt a resolution approving the Conditional Use Permit for cluster housing subject to the conditions in the resolution The motion passed 7-0 It was moved by Councilmember Nelson, seconded by Councilmember Young, to adopt a resolution approving the Preliminary Plat with Variances subject to the conditions included in the resolution The motion passed 7-0 7. Petitions, Requests, Communications - None 8. Resolutions and Ordinances 8a. Amendment to special permit at 8332 Highway 7 (Knollwood Mall) Case No. 98-16-CUP By consent, Council moved to continue until August 3, 1998 8b. Electronic Proprietary Database (DPDB) License Agreement with Hennepin County Resolution #98-99 By consent, Council moved to adopt the resolution entering into a conditional use license agreement with Hennepin County for use of Electronic Proprietary Database 8c. Second Reading Case No. 98-15-ZA Zoning Code Text Amendment Ordinance #2123-98 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to waive second reading of the Zoning Ordinance amendments, approve ordinance, approve summary publication, and authorize publication The motion passed 7-0 8d. Zoning Ordinance amendment to "I-G" General Industrial District. Case 98-13-ZA Ordinance #2124-98 It was moved by Councilmember Nelson, seconded by Councilmember Young, to approve Second Reading of the proposed Zoning Ordinance amendment, approve Ordinance Summary, and authorize publication The motion passed 7-0 8e. City Engineer's Report: Alley Paving- 3700 Block of France Avenue to Glenhurst Avenue- Project No. 94-23. Resolution #98-100 By consent, Council moved to accept the resolution accepting the report, establishing improvement Project No 94-23, directing staff to sponsor an informational meeting with abutting property owners and setting a Public Heanng and Assessment Hearing date of August 17, 1998 8f. Resolution Authorizing the Issuance and Sale by the City of Its Nursing Home Revenue Bonds, Series 1998 (For the Shalom Home West, Inc. Project), Authorizing Execution of an Indenture of Trust, a Loan Agreement, a Purchase Contract and Related Documents, All Relating to Said Bonds, and Authorizing Other Action to be Taken with Respect to the Issuance, Sale and Delivery of Said Bonds. Resolution #98-101 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve the resolution The motion passed 7-0 8g. Resolution Authorizing Execution of Sub-Grant Agreement with FEMA Resolution #98-121 By consent, Council moved to adopt the resolution 8h. Health System Minnesota (Methodist Hospital) Request for Private Use of Public Land Resolution #98-102 Mr Rardin, Director of Public Works gave a staff report It was moved by Councilmember Nelson, seconded by Councilmember Brimeyer, to adopt the attached resolution approving the request by HSM to use public property for parking purposes and authorizing execution of a Lease Agreement for said property The motion passed 7-0 1 9. Reports from Officers, Boards, Committees 9a. Housing Authority Minutes of June 10, 1998: By consent, Council accepted report for filing 9b. NRC Minutes of June 10, 1998: By consent, Council accepted report for filing 9c. Planning Commission Minutes of June 17, 1998 By consent, Council accepted report for filing 9d. Vendor Claim Report By consent, Council accepted report for filing 9e. Human Rights Commission Minutes of June 10, 1998: By consent, Council accepted report for filing 10. Unfinished Business 10a. Board and Commission Appointments - None . 11. New Business Ila. Bid Tabulation: City Hall Air Conditioning Condensing Unit Replacement City Project No. MB-97-05 By consent, Council moved to designate Albers Mechanical the lowest responsible bidder and authorize execution of a contract with the firm in the amount of$25,250 00 11b. Bid Tabulation: Louisiana Court Sidewalk and Street lighting Improvements Project No. 98-06 By consent, Council moved to designate Thomas & Sons Construction, Inc the lowest responsible bidder and authorize execution of a Contract with the firm in the amount of $85,144 00 12. Miscellaneous - None 13. Claims, Appropriations, Contract Payments - None 14. Communications - None 15. Adjournment A motion to adjourn was made by Councilmember Dorfman and seconded by Councilmember Young The meeting adjourned at 10 20 p m The motion passed 7-0 City Clerk Mayor