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HomeMy WebLinkAbout2006/07/10 - ADMIN - Minutes - City Council - Regular fiY OFFICIAL MINUTES SAOLIolFSCITY COUNCIL MEETING RK ST. LOUIS PARK, MINNESOTA July 10, 2006 1. Call to Order Mayor Jacobs called the meeting to order at 7:31 pm. Council members present: Mayor Jeff Jacobs, John Basill, C. Paul Carver, Phil Finkelstein, Paul Omodt, Loran Paprocki and Susan Sanger Staff present. Associate Planner (Mr. Fulton), City Manager (Mr. Harmening), City Attorney (Mr Scott), Community Development Director (Mr. Locke), Finance Director (Mr. DeJong), Planning/Zoning Supervisor(Ms. McMonigal) and Recording Secretary (Ms. Stegora-Peterson). 2. Presentations 2a. 2005 CAFR/Audit Mr. DeJong, Finance Director presented a brief report and recognized Finance staff for their work on the report. Steve McDonald, Abdo, Eick and Meyers, reviewed the Consolidated Annual Financial Report (CAFR)/Audit. 3. Approval of Minutes - None 4. Approval of Agenda and Items on Consent Calendar NOTE The Consent Calendar lists 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 4a. Approve Agreements Between the City and Children First, Meadowbrook Collaborative and STEP for Matching Funds. 4b. Resolution No. 06-111 Appointing Bruce DeJong and Clint Pires as Alternates to LOGIS Board of Directors. 4c. Approve the Inglewood Avenue municipal parking lot lease contract, and authonze the Mayor and City Manager to sign the contract. 4d. Bid Tabulation. Reject the bids for the Ford Road Sanitary Sewer Lift Station Replacement—Project No 2005-1200 and authonze re-advertisement for bids. 4e. Approve Resolution No. 06-112 establishing a special assessment for the repair of the water service line at 2214 Quebec Dnve. 4f. Approve Resolution No. 06-113 waiving application of subdivision regulations to allow recording of Metes and Bounds conveyance of property located at 2715 Monterey Ave S. 4g. Approve Resolution No. 06-114 to reconvey tax forfeit property at 7701 Edgebrook Drive to the State of Minnesota 4h. Planning Commission Minutes of June 7, 2006 for Filing. 4i. BOZA Minutes of May 25, 2006 for Filing. 4j. Approve Vendors for Fitness Equipment in the Fire Department 4k. Approve Vendor Claims for Filing (Supplement) City Council Minutes -2- July 10, 2006 It was moved by Councilmember Paprocki, seconded by Councilmember Omodt, to approve the Agenda and items listed on the Consent Calendar The motion passed 7-0. 5. Boards and Commissions 6. Public Hearings 6. Public Hearings 6a. Roitenberg Assisted Living Project Refunding Bonds Resolution No. 06-109 Mr. DeJong presented the staff report Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed. It was moved by Councilmember Finkelstein, seconded by Councilmember Omodt to adopt Resolution No. 06-109 approving an amended Housing Program, authorizing the Issuance, Sale, and Delivery of its Revenue Refunding Bonds (Roitenberg Family Assisted Living Residence Project), Series 2006". The motion passed 7-0 7. Requests, Petitions, and Communications from the Public—None 8. Resolutions, Ordinances, Motions 8a. 2221 Hill Lane Plat and CUP for Excavation Resolution No. 06-110 Mr. Fulton presented the staff report. Stan Jurgensen, 2309 Westndge Ln., expressed a concern about erosion control and runoff from the excavation to build the new homes. Ellen McGrattan, 4636 Cedarwood Rd., expressed concerns about the excavation and the affect on neighbonng properties. Graham Candler, 4636 Cedarwood Rd., stated they believed the lot sizes were too small and would not be able to handle the drainage, which would negatively affect the environment. Mayor Jacobs noted a motion made by Councilmember Sanger was tabled at the previous meeting Mr Harmening added the motion was seconded by Councilmember Finkelstein and directed staff to prepare a resolution making findings of fact and denying the proposed three lot plat and alternatively approving a two lot subdivision involving a combination of the proposed two new lots into one lot. Council asked staff and legal counsel to provide information. The alternate motion provided in the staff report was intended to fulfill the direction given in the tabled motion. City Council Minutes -3- July 10, 2006 Mayor Jacobs asked if the two-lot option was acceptable to the applicant? Jim Johnson, applicant, 420 NE 4th St, Watertown, SD, replied he did not have an interest in two lots and felt they had done everything legally required to show that a three-lot subdivision was viable Joy Peterson, 2301 Westndge Ln, stated this had the potential to impact the environment and surrounding neighbors. Two others have applied for subdivisions, which would mean four houses on the hill and it would be crowded. Mayor Jacobs indicated the conditional use permit had been withdrawn. Many neighbors raised issues about erosion, was that something that would be addressed in the conditional use permit, whether one or two houses were built? Mr. Fulton replied when a building permit came forward, staff looks at how much excavation was taking place If the excavation was over 400 cubic yards, it would require a conditional use permit. Mr. Harmening added erosion control is required. Mr. Fulton stated there is a threshold where an applicant is required to get permits from the Minnehaha Creek Watershed Distnct and the City for erosion control and a silt fence is required and best practices are put in place to make sure there are no negative affects on the environment. Councilmember Sanger stated she had concerns about the potential for environmental harm. They had testimony about erosion, drainage problems, flooding and the effects of the slope. A Code provision allows the Council to consider those as factors in potentially modifying a subdivision request Long-term erosion was not addressed in the building permit, CUP or watershed distnct process The concern was the long-term stability of the hill and the environmental degradation it might contnbute to over time While the applicant met the square footage requirement, there is a basis to allow one additional house, which may help minimize the erosion and other negative issues. It was moved by Councilmember Sanger, seconded by Councilmember Finkelstein, to adopt a Resolution approving the Preliminary and Final Plat, as amended, subject the conditions of the Resolution Councilmember Finkelstein stated the subdivision code regulates environmentally sensitive land/areas and the design of the subdivision shall clearly reflect all necessary measures. The current plan does not do that. They show how the lots would be split, but the applicant does not plan to build the homes. This may set them up for future erosion problems, storm water problems, loss of trees and they didn't know what the damage could be to other homes. Councilmember Omodt indicated reading the legal opinion from the City Attorney and the code, he believed approving this motion would end up in a lawsuit, one that the City would lose The applicant met the legal provisions. The City Engineering report indicated the storm water system was adequate for construction of two new homes and storm water was not anticipated to flow onto neighboring properties. The previous landowner had the land plotted the same way, which was part of the record. If they approve two lots versus three, he believed there would be a lawsuit and in the end they would end up with three properties and will have spent City resources. City Council Minutes -4- July 10, 2006 Councilmember Sanger stated they did have a legal basis in code section 25-157. She was presuming there was legal value to the ordinances enacted and the ordinance gave them the right to modify a subdivision. Councilmember Omodt indicated he put more stock in the City Attorney's legal opinion and what case law had been on this matter. He didn't want to sell false hope to residents. Councilmember Carver agreed with Councilmember Omodt. The alternative resolution indicates there needs to be a finding that the land proposed for the subdivision is deemed environmentally sensitive. Do they have the basis on which to make a finding, for example a report from City staff or a consultant hired to make the analysis? Ms McMonigal replied staff did not have a report to that effect. Councilmember Carver commented that he could not support a resolution that contained a finding in which he hadn't seen the facts. It was not good to go forward with opinions of people who were not experts in the area and he could not support the resolution for that reason. Councilmember Finkelstein expressed a concern about the slope being greater than 3:1 and that this involved removing approximately 1/3 of the trees on this property. Even with trees they would be replacing, it wouldn't make a difference. There are two other pending applications on the same hillside, and these same homeowners would be asking why they didn't do something. There is a city ordinance and it is legal until proven otherwise. Councilmember Sanger disagreed with Councilmember Carver's interpretation that their needs to be a finding by an outside consultant. They have a factual basis for the environmental sensitivity contained in the testimony of some, particularly several people who live across the street from the proposed subdivision talked about flooding issues. It was a reasonable conclusion that the water would flow down from the slope, across the street and to the houses at a lower level. That is concern about additional flooding, drainage and erosion control problems, which would be sufficient to label this as environmentally sensitive. There is nothing in the ordinance saying that label could only be put on by an outside consultant. Councilmember Omodt asked where it said in the report that the slope was greater than allowed in the 3.1? Councilmember Finkelstein replied on page six of the report, limitation of development on slopes that are steeper than 3:1. The proposed new lots fall steeply from North to South and is greater than 3:1 in some places. Also the applicant has indicated the construction will require the removal of 290 caliber inches of significant trees. Ms. McMomgal stated the existing slope is greater than 3:1 in some places. The proposal was that the developed lot would not be greater than 3:1. Councilmember Sanger asked how they would know that now since they don't have a proposal for what would be built? Ms. McMonigal replied when the applicant applies for a conditional use permit, it would be reviewed by the City Engineer to ensure it didn't exceed 3 1 City Council Minutes -5- July 10, 2006 Councilmember Paprocki stated they had objective standards of 9,000 square feet requirement As he was reading the resolution to allow subdividing to two parcels, he didn't see a definition of the lot sizes? Ms. McMonigal replied the resolution reads, reduces the number of lots from three to two, by consolidating lots two and three into lot two. Councilmember Carver commented he was hesitant to follow the analysis given that there are water issues in this area and they can invoke the section 25-157, because he believed they could make that analysis anywhere rain fell. Councilmember Omodt agreed If there is a flooding issue, he wondered why the homeowners hadn't come forward for berming or other mitigation. They can't hold one persons lot liable for everyone else's water Councilmember Finkelstein called the question. Councilmember Basill asked a point of clarification and indicated that the motion was tabled and another motion was made. Councilmember Sanger responded it was intended to be the same motion. Last time they asked staff to develop a resolution. The motion now was proposing they implement the motion they drafted in response to the request two weeks ago. The motion failed 2-5 with Councilmember's Basill, Carver, Omodt, Paprocki and Mayor Jacobs opposed It was moved by Councilmember Paprocki, seconded by Counctlmember Carver, to adopt Resolution No. 06-110 approving the Preliminary and Final Plat, as submitted, subject the conditions of the Resolution The motion passed 5-2 with Councilmember's Finkelstein and Sanger opposed. Mayor Jacobs asked when the conditional use permit might be before the Council? Mr. Locke replied the conditional use permit had been withdrawn. There would only be a new conditional use permit if an application were submitted to build on one of the other lots and excavation would exceed 400 cubic yards. 9. Communications Mayor Jacobs reported on the watering restnctions 10. Adjournment The meeting adjourned at 8.20 p.m. n IA City Clerk Mayo ' / —