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HomeMy WebLinkAbout2002/01/22 - ADMIN - Minutes - City Council - Regular CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA January 22,2002 1. Call to Order Mayor Pro Tern Latz called the meeting to order at 7:35 p.m. The following Councilmembers were present at roll call: Jim Brimeyer, Susan Sanger, Sue Santa, and Sally Velick, and Mayor Pro Tern Latz. Mayor Jeff Jacobs and Councilmember Chns Nelson were absent. Also present were the Deputy City Manager (Mr Pires); City Attorney (Mr. Brokl); Community Development Director(Mr. Harmening); Planning and Zoning Supervisor(Ms. Jeremiah): Planning Coordinator(Ms. Enckson); and Recording Secretary (Ms. Samson). 2. Presentations 2a. 2001 Board and Commission Recognition of Members Resigning in 2001. The following individuals, resigning in 2001, were recognized for their service to various Boards and Commissions. Board of Zoning Appeals: Carl Robertson Charter Commission: Norman Kirschner, Ruth Kirschner, Dorothea Moga, and Chnstopher Smith Human Rights Commission: Marc Berg, Lynn Littlejohn, Betty Memtt, Chnstopher Smith, and Maya Winoker Parks/Recreation Advisory Commission: Jeff Davidman, Layne Otteson, and David Peters Planning Commission: Sally Velick Police Civil Service Commission: Jim Lanenberg, Bryan Leary, and Linda Trummer Telecommunications Advisory Commission. John Herbert 3. Approval of Minutes 3a. City Council Minutes of January 7, 2002 The minutes were approved as presented. 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropnate section of the regular agenda for discussion. Council Meeting Minutes -2- January 22, 2002 4a. Approval of Agenda Councilmember Sanger requested an addition to Agenda Item 8 be made to reflect an appointment to the Planning Commission. It was moved by Councilmember Sanger, seconded by Councilmember Santa, to add to Item 8 an appointment to the Planning Commission. The motion passed 5-0. 4b. Approval of Consent Items It was moved by Councilmember Santa, seconded by Councilmember Velick, to approve the following Consent Agenda Items. The motion passed 5-0. 1. Approve Resolution No.02-006 supporting the City of St. Louis Park's application to the Minnesota Housing and Finance Agency and Federal Home Loan Bank for assistance in funding a pilot home improvement program. 2. Adopt Resolution No. 02-007 approving the request of Meadowford, LLC (Gary Wood) and the City of St. Louis Park for approval of Preliminary and Final Plat for Wellington Windows Addition including variances to the subdivision ordinance for reduced sidewalks, reduced perimeter lot easements, and to waive the requirement for a Grading, Erosion Control and Development Agreement. (Case No. 01-58-S Property at 3938 and 3900 Meadowbrook Road). 3. Approve First Reading of Ordinance Amendments Reinstating Language Regarding Compliance with the Comprehensive Plan and Set Second Reading for February 4, 2002. 4. Accept the following reports for filing: a. Housing Authonty Minutes of November 14, 2001 b. Housing Authonty Minutes of December 12, 2001 c. Planning Commission Minutes of January 2, 2002 d. Charter Commission Minutes of November 14, 2001 e. Human Rights Commission Minutes of December 19, 2001 5. Public Hearings--None 6. Requests,Petitions,and Communications from the Public--None 7. Resolutions, Ordinances, Motions Mayor Pro Tem Latz stated Items 7a, 7b, and 7c relate to the same general topic, and Judie Enckson's report will apply to all three items, however, in terms of Council action the items will be addressed individually. 7a. Resolution to amend the Plan By Neighborhood chapter of the Comprehensive Plan 2000-2020 to address changes to land northwest of Beltline Boulevard and West 36th Street. Resolution No.02-008 Council Meeting Minutes -3- January 22, 2002 7b. Request of Belt Line Industrial Park, Inc. (John D. McCain) to amend the Comprehensive Plan Designation for parcels along West 36th Street and Belt Line Boulevard from Industrial to Commercial and First reading of Ordinance to amend the zoning map for the same area from IP-Industrial Park to C2- General Commercial. 3533 Raleigh Avenue South, 3550, 3540, 3532 and the south 180 feet of 3510 Belt Line Boulevard. Case No. 01-53-CP and Case No. 01-54-Z. Resolution No. 02-009 7c. First Reading of Ordinance for text amendments to Chapter 36 of the Municipal Code to add a new land use called "Post Office Customer Service"along with a definition, standards and parking requirements, Case Nos. 01-61-ZA. Judie Erickson, Planning Coordinator, said Item 7b will be presented first. She stated a change in land use from industrial to commercial may be more compatible with. future residential land uses associated with Belt Line Blvd. and West 36th Street; the more industrial type uses with large trucks; and the use of the distribution portion of the post office, which would be located off of this property and onto an industrial area that would be away from future residential land uses. Mayor Pro Tern Latz asked if any other businesses would have to relocate if the land definition changed from industrial to commercial, and Ms. Erickson responded, any existing businesses that are not commercial would become nonconforming, e.g., the post office would become nonconforming. She said text amendments would limit the types of uses allowed in a commercial use area. Councilmember Sanger asked if there will be a significant increase in truck traffic between the industrial and commercial components of the post office buildings due to the relocation of the distribution portion of tjie post office within the Belt Line area. Applicant John McCain, 3440 Belt Line Blvd„ said, given the proposed separation of the retail portion of the postal service and its carrier annex, a boxed truck or van will be used to service the post office boxes, and it is unlikely there would be semi-truck traffic. Councilmember Sanger asked what allows Byerly's to have an in-store postal service, and Ms. Erickson replied that Byerly's has a conditional use permit. Councilmember Sanger asked if a development plan is currently in place for the Belt Line development. Mr. McCain said approval from the City Council is a prerequisite for his development plan to proceed. Councilmember Sanger stated she is leery of changing the land use designation from industrial to commercial and then having to depend upon the Plan by Neighborhood Chapter of the Comprehensive Plan as a defense to #void undesirable uses of the land, and especially given the future residential properties of this neighborhood. She is concerned about the legal basis on which to deny undesirable uses in a C2-General Commercial district. Janet Jeremiah, Planning and Zoning Supervisor, said no building permits or certificates of occupancy can be issued unless the proposals comply with the Comprehensive Plan and, if there is a conflict, the conflict must be remedied before approvals are granted. Councilmember Santa interjected she would favor delaying the second reading. Council Meeting Minutes -4- January 22, 2002 Ms. Enckson stated nothing will be in place until the Metropolitan Council approves the Comprehensive Plan. At this time, an option for Council is to approve the Comprehensive Plan resolution, first reading, and delay second reading until an ordinance amendment is in place that would change the big box to a conditional use. Mr. McCain said, safeguards are in place such as: the big box issue is covered by the square footage maximum and single retail use is limited to 20,000 square feet. Councilmember Brimeyer asked if a barrage of conditional uses may come up due to the change in land use designation; does the Plan by Neighborhood Chapter have the same legal impact as strict zoning; and how will the Belt Line area change affect other C2 commercial districts in the City? Councilmember Bnmeyer would like assurance that the Plan by Neighborhood has the same control without coming back to the Council as regular zoning. Ms. Jeremiah responded other options would be overlay zoning or a Plan by Neighborhood overlay zoning. She said the concern with conditional uses is that it would render existing uses nonconforming because they don't have a conditional use permit. An overlay zone is basically another layer of zoning that specifies some particular cnteria for the properties to which it applies, and it has been used in St. Louis Park for flood zoning and for Traffic Demand Management (TDM) at 394. Mayor Pro Tern Latz has the same concerns as Councilmember Sanger, i.e., the Plan by Neighborhood Chapter and the Comprehensive Plan may contain conflicting language. Councilmember Velick asked about a timeframe between the first and second readings. Ms. Jeremiah replied, if Council would like to ensure that the ordinance controls are in effect to prevent undesirable uses, she suggests delay second reading until such time as the ordinance controls are adopted and perhaps specify that in the motion. Ms. Jeremiah noted there are deadlines for action and if the delay is greater than 120 days from the application date, state law requires the applicant's permission. Mayor Pro Tem Latz asked: If Council does not secure the applicant's permission, does something automatically take effect? Mayor Pro Tern Latz commented, the Metropolitan Council can't change our zoning ordinance that way, can they? In unison, City Attorney, Matthew Brokl, and Ms. Jeremiah replied, yes. Mayor Pro Tern Latz exclaimed, the Metropolitan Council can change our zoning ordinance Just by the applicant having made a proposal for a change and not going through with it? Mr. Brokl added, unless the application is denied, whatever is in the application is deemed approved. In any case, Mr. Brokl stated the City would request Applicant Mr. McCain to sign a written waiver. Mr. Brokl reported to the Council that one option tonight would be to approve the first reading and the Comprehensive Plan amendments with the understanding that the Comprehensive Plan amendments will probably not be in effect until the second reading of the ordinance is approved and the Metropolitan Council grants its approval, and that would allow additional time to research further with the City Attorney's office and, at an appropriate time, return a recommendation to the City for further continuance of second reading or some other action. Council Meeting Minutes -5- January 22, 2002 Mr. McCain thinks Council is not in a situation of no return by approving first reading tonight and the Comprehensive Plan amendments, and Mr. Brokl agreed. Mr. Brokl said, if after first reading the ordinance for text amendments is deemed inappropriate, Council could pull it—without a second reading it would not take effect. Mayor Pro Tem Latz stated he is in favor of approving first reading with the understanding that there will be proposed tightening of the zoning ordinance before a vote on second reading. Councilmember Sanger asked, What if the zoning was not changed and the process was done by Planned Unit Development ("PUD") to achieve the same result? Ms. Jeremiah said that is not an option under current zoning, and Ms Erickson replied a PUD is not a zone, it is a process. Councilmember Sanger asked Mr Brokl, If Council moves ahead with this and the Metropolitan Council approves the Comprehensive Plan change and, meanwhile, Council decides not to go forward with changing the land use designation to C2, is Council in a legal dilemma and, if so, how could it be resolved? Mr. Brokl responded that Council would have to ask the Metropolitan Council to undo what they had just been asked to do, which would take time. Mayor Pro Tern Latz asked Mr. Brokl if Council would be asking the Metropolitan Council to approve a Comprehensive Plan amendment or are they approving a zoning change as well. Mr. Brokl said they are approving a Comprehensive Plan amendment only. Mr. Brokl stated the general purpose of a Comprehensive Plan is what is at issue, it is a general guiding tool and Comprehensive Plans are frequently changed. Mr. McCain stated to the Council that his site is incapable of supporting some of the uses Council deems undesirable, and big box is one. Mr. Charlie McCain, 3440 Belt Line Blvd., displayed a concept drawing of the proposed development. Mayor Pro Tern Latz said, in anticipation of a second reading, it would be helpful if Staff provided an analysis of the site as to what potential exists on the site for uses Council may not favor but are permitted under C2. Councilmember Sanger stated it would be helpful if before second reading Council had information about the future redevelopment of this industrial park and how it may tie in with the Applicant's proposal. Mayor Pro Tern Latz asked Mr. McCain if the post office is planning to relocate its distribution center on his property. Mr McCain said yes because one of his buildings within the industrial park has become available, and it is large enough to house the Garner annex. It was moved by Councilmember Brimeyer, seconded by Councilmember Velick, to adopt Resolution 02-008 approving Comprehensive Plan 2000-2020 text amendments contingent upon Metropolitan Council approval and authorize summary resolution publication. Council Meeting Minutes -6- January 22, 2002 The motion passed 5-0. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve Resolution No. 02-009 adopting a Comprehensive Plan land use designation change from Industrial to Commercial for properties located at 3533 Raleigh Avenue South, 3550, 3540, 3532 and the south 180 feet of 3510 Belt Line Boulevard subject to approval of the Metropolitan Council. The motion passed 5-0. Mayor Pro Tem Latz requested Consent Agenda items directly related to items on the Regular Agenda be put on the Agenda for discussion ahead of time. Mr. Brokl suggested the date for the second reading not be set at this time—leave it open. Mr. Brokl said a written waiver will be asked of the Applicant in regard to the numerous deadlines. For the record, Mayor Pro Tem Latz said he would like to hear that agreement, to sign a waiver, from the Applicant. Mr. McCain said he does not object to signing a waiver provided progress moves along at a reasonable pace. Mayor Pro Tern Latz suggested setting a date certain. Mayor Pro Tern Latz stated Mr. McCain will waive the deadline on the condition that the extension is for no more than 60 days for the issues to be addressed by the Council. Mayor Pro Tem Latz asked, Is that correct? Mr. McCain replied, absolutely. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve first reading of ordinance and set second reading for a date yet to be determined but no more than 60 days beyond February 4, 2002 for a Zoning Map amendment to change the zoning map designation from IP-Industrial Park to C2-General Commercial for properties located at 3533 Raleigh Avenue South, 3550, 3540, 3532 and the south 180 feet of 3510 Belt Line Boulevard subject to approval of the Comprehensive Plan amendment. The motion passed 5-0. Staff stated based on the questions raised tonight, Staff can furnish information to the Council at the February 11 Study Session in order for Council to make an informed decision. Mayor Pro Tem Latz suggested setting second reading for the first meeting in March and ask Applicant to waive any applicable deadlines in order to permit that to occur. Mr. McCain agreed. The waivers will apply to Items 7a, 7b, and 7c, including Consent Agenda Item 3 from tonight's agenda, if necessary. It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to approve first reading of Ordinance to amend Chapter 36 of the Municipal Code to add "Post Office Customer Service" as a new land use along with a definition, standards, and parking requirements and set second reading for February 4, 2002. The motion passed 5-0. Council Meeting Minutes -7- January 22, 2002 8. Boards and Committees It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to appoint Phil Finkelstein to the Planning Commission. The motion passed 5-0. 9. Communications Councilmember Bnmeyer reported that several Councilmembers will attend the National League of Cities convention March 10-11. It was determined Councilmembers Bnmeyer, Nelson, Sanger, and Velick will be absent for the March 11 Study Session. 10. Adjournment It was moved by Councilmember Santa, seconded by Councilmember Sanger, to adjourn the meeting at 9:06 p.m. The motion passed 5-0. C y Clerk May