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HomeMy WebLinkAbout1982/07/06 - ADMIN - Minutes - City Council - Regularl. Call to Order 2. Presentations MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 6, 1982 The meeting was called to order by Mayor Phyllis McQuaid at 7:35 p.m. The Mayor read a letter of thanks to Honeywell Corporation who had donated and installed an alarm system at the Westwood Nature Center. The letter was accepted by Judy Kozak of Honeywell, on behalf of the Winning Edge program which is involved in comnunity projects. 3. Roll Call Councilman Meland was absent. The following Council members were present at roll call: Ronald Backes Lyle Hanks Jerrold Martin John Ralles Richard Strohl Phyllis McQuaid Also present were the City Manager, the City Attorney, the Director of Public Works and the Director of Planning. 4. Approval of Minutes It was moved by Councilman Martin, seconded by Councilman Ralles, that the minutes of the June 21, 1982 meeting be approved as presented. The motion passed 6-0. 5. Approval of Consent Agenda The motion passed 6-0. It was moved by Councilman Martin, seconded by Richard Strohl, to approve the consent agenda for July 6. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the agenda for July 6, 1982 with the addition of Item lla: Town's Edge Ford. The motion passed 6-0. PUBLIC HEARINGS 6a. Coin-operated car wash Request of Dorothy and Rodney Brannon to study the definition of car wash to determine �f ��j°� operated, self-service car washes should be permitted as described in Notice of Nearing published June 23, 1982. � � There being no one wishing to speak, the Mayor declared the hearing closed � with the right of Council to thereafter reopen and continue it at a future � date. In answer to a question from Councilman Hanks, the Director of Planning said -172- City Council meeting minutes July 6, 1982 the recomnendation of the Planning Commission was that ttie car washes be allowed in the B-1 district by special permit. He said that under con- sideration tonight was their being allowed in B-2 and I-1 as well. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive first reading of the ordinance and set second reading for July 19 to allow coin-operated, serlf-service car washes in the 6-1, 6-2 and I-1 Districts by special permit. The motion passed 6-0. 6b. Private schools Study of private schools in Single-Family District as described in Notice of Hearing published June 23, 1982 There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. � � Councilman Hanks asked what the next step was, would a permit have to be applied for. The City Manager responded only if changes to existing structures were desired. The Director of Planning said it would depend on what school was involved, as the current zoning ordinance specifies private schools are covered by special permi t . It was moved by Councilman Hanks, seconded by Councilman Martin, to waive first reading and set second reading for July 19, 198Z. The motion passed 5-1 (Councilman Strohl opposed). 6c. Fast Bank facilit Request of General Growth Corporation and First Bank System, Inc. to amend ' the zoning ordinance to include a Fast Bank facility at 8332 Highway 7 as described in Notice of Fiearing published June 23, 1982. Vern Wilcox, representing First Bank System, addressed the Council stating for the purpose of establishing a record and preserving any right to appeal,. First Bank System would like to notify the Council that they view any denial of the proposed amendment to the zoning ordinance as unlawful for a variety of reasons but not limited to a violation of due,process and a denial of equal protectTon. He went on to explain the concept of a Fast Bank facility stating such facilities were totally secure and un�anned. He said the facilities are supported by 17 Twin Cities First Banks and that in this facility they expect some 1U00 transactions per nionth. -173- ..` City Council meeting minutes July 6, 1982 He said the Planning Comnission had recommended denial on the basis the proposed facility would generate traffic in a part of Knollwood where parking currently is critical.. He acknowledged the request is incon- sistent with the PUD and thus, they were requesting an amendment to the zoning ordinance. He explained their desire not to locate within the mall because of security difficulties• Councilman Hanks said he did not care for the tone of Mr. Wilcox's opening remark. In answer to a question, the City Attorney said that the Planning Com- mission does not legally have to explain its denial of any request but that it could be requested io do so if Council so desired. Mr. Wilcox said the matter had been brought to the Comnission three months ago and First Bank System was led to believe there would be no problem, just an amendment to the PUD. He said tney questioned the legality of an ordinance change after a presentation had been made. Mayor McQuaid said from her reading of the minutes, the request had been denied immediately. Councilman Plartin wondered if this request were approved, how many more will want to iocate in the parking lot. He said he felt they were a comnunity service, but he had a problem with how an amendment to the PUD would be worded - type of facility, size of facility etc. Mr. Wilcox said charces of other banking institutions requesting a similar facility were slim as this facility is sponsored by a bank holding corporation which most other institutions are not and that the special use permit would be based on this one specific use only. Councilman Martin asked if the facility were mounted on an exterior wall of the mall,-would that suffice. He was concerned that approval of their request would open a Pandora's box of requests. " Mr. Wilcox said if the facility is located within the mall, their security system cannot control neighbors and the noise. He conmented that 65 percent of service is during off-hours. Councilman Backes asked why an amendment to the special permit was not sought instead of a whole zoning change. The City Planner explained relevant points of the General Plan and that no new buildings were to be accepted under the General Plan. Councilman Ralles asked why the Fast Dank facility at Byerly's was not outside. Mr. Bob Ferris of First Bank System said that the visibility at Byerly's is much greater because of their extended hours of operation. -174- City Council meeting minutes July b, 1982 The City Manager referred to an earlier comment by Mr. Wilcox relating to security of the facility and asked "who" would be called in case of trouble. Mr. Wilcox said it depended upon what the trouble was: if it were vandals,, the St. Louis Park Nolice Department would be contacted; if the facility were to run out of money, First Bank System would respond. Councilman Ralles asked if the traffic generated by such a facility didn't have a tendency to stack as people waited to use the fast bank. Mr. Wiicox said their experience s�owed rarely more than two customers needed to wait at any of their outside facilities. Councilman Martin said he felt the request should be approved but that limitations on future requests of this nature should be specified. The City Planner suggested the exploration of ordinance or resolution changes to the PUD. Councilman Martin said he'd rather see the matter move forward without taking the necessary time to study the request. Councilman Backes suggested that instead of amending the zoning ord- inance, why not amend the General Plan with conditions or by special permit. It was moved by Councilman Martin, seconded by Councilman Backes, to authorize preparation of ordinance amending zoning ordinance or alternatively amend the special permit. Councilman Hanks asked i�f this related just to Knollwood. He said the City will end up with services on all corners which was what.everyone was trying to prohibit in the first place. He said he would go along with the motion, however. Councilman Backes commented the PUD concept was also to allow flexibility for businesses, not just to benefit the City. He felt changes must be anticipated and allowed for. Mayor McQuaid said in this day and age these types of fast facilities were becoming more beneficial to citizens, not just to the malls. The motion passed 5-1 (Councilman Strohl opposed). -175- City Council meeting minutes July 6, 1982 6d. Uacation of South St. Vacatinn of entire right-of-way of South � St. from west side of Louisiana Ave. to the east side of Taft Ave. as described in � Notice of Hearing published June 23, 1982. There being no one wishing to speak, the Mayor declared the hearing closed with the right•of Council to thereafter reopen and continue it at a future date. It was moved by Counci�aananceland set�secondyreadinglfor July�19,t1982ive �first reading of the o , and to approve summary publication. The motion passed 6-0. 6e. Charter amendment - Election Proposed amendment to Charter relating Judges � � to election judges Sandra Bartholow, representing the Charter Corrmission, reviewed the highlights of previous discussions relating to this matter. She said this amendment to the Charter brought it in line with State statutes. Councilman Hanks asked if this proposed amendment was unanimously acceptable to the Charter Coirmission, to which Ms. Bartholow said it was. Councilman Hanks said seven votes would be required and asked if Councilman Backes would be in attendance. Councilman Backes said he would, but that he might be late. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive first reading of the ordinance and set second for July 19, 1982. (Summary publication not required). The motion passed 6-0. 6f. Charter amendment - Mayoral term Proposed amendment to Charter relating to �tayor's term of office as described in Notice of Hearing published June 23, 1982• Sandra Bartholow reviewed the June 7, 1982 memo from the Charter Comnission relating to this matter. Councilman Hanks said it had been the intention of the forefathers of the present Council that the I�ayor be changed every two years, and that he didn't feel the Council or the Charter Comnission should make this type of change, rather the citizens should vote on it. Councilman Martin said he felt a four-year term for a Mayor was too long• -176- City Council meeting minutes July 6, 1982 Mayor McQuaid said when she first thought about a four-year tn_rm� Shf! wa: totally in favor. She said that to an outsider� it might n�pear a four-ye�r term was desirable. However, after two and one-h�lf ye�rs r�s Mayr�r, shE� has come to realize what a demanding job it is and even though ;hr, ha5 had second thoughts about serving a four-year term herSnlf� she still su��p�rtp�l the proposal but agreed it ought to go to referendum. There being closed with future date. no one further wishing to speak, the Mayor dF�clared tFir_ h��rfn�J the right of Council to thereafter reup�n ar�d �:ontinue it at � In answer to a question from Councilman Hanks regar�inq the lanqua��e for a referendum, the City Attorney said Council had tF�re�► �ptiuns ar, thi; point: vote on the i tem; defer to Charter Commi ssion for a 1 t�rri� t( ves; or rP��u�. ; t preparation of language for a referendum. It was moved by Councilman Hanks. seconded by Councilman Martin, to deny. The motion passed 5-1 (Mayor McQuaid opposed). It was moved by Councilman Hanks, seconded by Councilman Strnhl� to ask Charter Comnission to prepare language for a referendum for Council's revfew if the Commission decides to place it on the ballot. The motion passed 6-0. 8a• Zoninq boundaries RESOLUTIONS AND ORDINA�ICES First reading of ordinance relating to boundaries of zoning districts. The Mayor asked those wishing to speak to be brief as the public hearing on this matter was closed. Stan Brown said there was a need to view the total picture of this area. He stated Beth E1 had turned down an offer by a developer to purchase the land to build a nursing home. He asked what would prevent Qenilde St. Margaret's from developing the land behind its school in the future. f�e read figures from the Metropolitan Council stating that 69 percent of current construction is single-family dwellings, comnenting that if the Met Council doesn't see a trend toward multi-family dwellings� the current plan for the Qeth E1 property doesn't serve the City or the area. Several other residents spoke in opposition to Beth E1's plan. Mayor McQuaid said it had been her suggestion at the Town Meeting that �eth El get together with the concerned residents when the plan was further alony. The City Planner explained that notices of a nelqhbprhood meetin�J r,r h��aring werc routinely sent to all property owners withfn 350 fect of a propased develop- me�t, and that his department also senc� notices to any rr,sldents who have -111- . . .........�...a...�...„....._.,e._ City Council meeting minutes July 6, 1982 indicated an interest in a particular development. Councilman Hanks said he was concerned about the atmosphere that exists re- garding this matter between all the various factions involved. Mr. Segelbaum, pr�sident of Beth E1, said Mr. Brown had raised the spectre of this project becoming dangerous to the neighborhood. In actuality, he said the traffic would be increased a mere two percent, the development would provide alternative housing, there had never been a proposal for con- struction of a nursing home. He said all development plans will be presented to a.nd discussed with the neighborhood residents once they reach the prelim- inary stage but that that stage had not yet arrived. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilman Strohl, seconded by Councilman Hanks, to continue the matter to August 16, 1982 so a preliminary plan can be presented prior to second reading of the ordinance. Councilman Hanks asked if the matter could be continued, to which the City Manager replied it could be continued 60 days from the date of the public hearing which was June 21, 1982. Councilman Backes asked if plans, construction documents, and so forth could be ready by that time. Mayor McQuaid asked if August 16 was a possibility. Mr. Segel•baum asked how much of a plan would be required. Councilman Strohl said the residents weren't happy with what they didn't know. Mayor McQuaid as�ed if the current plans could be expanded enough to show the residents what is planned. The architect for the project said they don't as yet have plans based on soil tests as those tests haven't been done yet, but conceptual plans might be possible. Mr. Greenberg of Beth E1 said it appeared the neighborhood was polarized and wondered if the project could get any support. Cou�cilman Hanks said many of the residents are interested mostly in how close the project comes to single-family density. . It was moved by Councilman Ralles, seconded by Councilman Hanks to call the question. The motion passed 5-1 (Councilman Backes opposed). Councilman Hanks asked if first or second reading was the issue. -178- � City Council meeting minutes � July 6, 1982 It was moved by Councilman Strohl, seconded by Councilman Hanks, to continue first reading of the ordinance to August 2, 1982. The motion failed 3-3 (Councilmen Hanks, Strohl, Mayor F1cQuaid in favor; Councilmen Backes, Martin, Ralles opposed). Councilman Backes said he didn't see how any possible plan could be ready by that time in that soil tests alone would take at least two weeks. He said he'd like to see more trust on behalf of everyone involved. He said if the matter is allowed to proceed in orderly fashion, with second reading of the proposed zoning ordinance change, followed by the special permit process, there will be time for sufficient review of all elements of the development without any parties being rushed. It was moved by Councilman Backes, seconded by Councilman Martin, to waive first reading, and set second reading for July 19, 1982. � The motion passed 4-2 (Councilmen Hanks and Strohl opposed). 8b. Parkin restrictions, Oak Park Villa e: Reso ution No. 7 66 Parking restrictions on Oak Park Village Drive Councilman Flartin said a restriction was definitely needed from 29th Street on down. but that he would oppose the requested restriction as he was not aware of any difficulties with parking at this point. Councilman Ralles said the reason the parking was allowed previously was at the re- quest of the resident living on the corner who has since moved. Councilman Martin said there was now room around the corner for overflow parking if needed. Councilman Hanks asked if the parking situation in this area would not be studied after the street construction to which the City Manager said that staff would be submitting a report upon completion. It was moved by Councilman Ralles, seconded by Councilman Strohl, to waive reading and adopt Resolution No. 1166 entitled, "Resolution restoring a no- parking restriction on Oak Park Village Drive." The motion passed 5-1 (Councilman Martin opposed). �• Tax-forfeit properties; Kesolution No. 1167 Release of tax-forfeited properties It was maved by Councilman Qackes, seconded by Councilman Ralles, to waive reading and adopt Resolution Plo. 7167 entitled, "Resolution approving designation of nonconservation land shown on Classification List "662-NC" by Board of County C�issioners of Nennepin County." The motion passed 6-0. -179- City Council meeting minutes July 6, 1982 8d. Sale of City lands; Resolution No. 7168 0 Sale and reconveyance of surplus City lands It was moved by Councilman Martin, secent?t1ed,C�Resolutionaauthor�zwn9ve read�ng and adopt Resolution No. 7168 reconveyance of tax-forfeited lands"; and waive first reading, sett�ng second reading of ordinance authorizing sale of surplus City lands for July 19, 1982 and approve sumnary publication. The motion passed 6-0. 9a. Block 18, Park Manor REPORTS OF OFFICERS, BOARDS, COMMITTEES Preliminary engineering report: Alley, Block 18, Park Manor Councilman Martin said he would vote for approval of this as long as the residents know the correct amount to be assessed. He said he doesn't want the public hearing set until after a neighborhood meeting. Councilman Hanks said he would second a motion if it included holding a neighborhood meeting. The City Manager said that a meeting had already been planned. It was moved by Councilman Martin, seconded by Councilman Hanks, to set the public hearing on improvement of the alley at Block 18, Park Manor, for August 2, 1982. The motion passed 6-0. 9b. Gas station: 7119 Minnetonka Blvd. Gasoline service station: 7119 Minnetonka Resolution No. 7169 Blvd. Councilman Martin asked if the station's sign would have to be moved. He said that in these economic hard times, it didn't seem fair to request they un�ertake the expense of moving a large sign. Councilman Backes said it appeared from the Planning Comnission minutes that moving the sign would not be necessary, to which the City Manager responded that was correct. It was moved by Councilman Ralles, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 7169 entitled, "A resolution granting permit under Section 14-150(3)(a) of the Ordinance Code to permit a gasoline service station on property located in the.B-1, Business District, at 7119 Minnetonka Blvd." . ' The motion passed 6-0. 9c, Amusement devices Restudy of amusement devices outline It was moved by Councilman Hanks, seconded by Councilman Backes, to accept .� City Council meeting minutes July 6, 1982 the outline and authorize study. The motion passed 6-0. 9d. McDonald's: Special perm�it McDonald's Corp.: Request for special permit at Knollwood Councilman Ralles said he would like to see the special permit prohibit a separate entrance or any additional signage. Councilman Backes said he didn't feel this Council could bind future Councils by its actions. The City Attorney said any action was always subject to change by any future Council. It was moved by Councilman Backes, seconded by Councilman Hanks, to authorize preparation of a res.olution to approve the special permit subject to existing codes. The motion passed 6-0. 9e. Gas station: 5717 Excelsior Blvd. Gasoline service station: 5717 Excelsior Resolution No. 7170 Blvd. Council.man Hanks asked if the proposed plan met the landscaping concept under the PUD of several years ago. The City Planner responded that it did. It was moved by Councilman Backes, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 7170 entitled, "A resolution granting permit under Section 14-156(15) of the Ordinance Code to permit a gasoline service station for property located in the B-2, General Business Di.strict, at 5717 Excelsior Blvd." The motion passed 6-0. 9f• Mi��netonka Blvd. area study Area study: Minnetonka Blvd. to Joppa It was moved by Councilman Martin, seconded by Councilr�iar� f:alles, ��� �u�!:��; ;: � undertaking of a study. Councilman Martin said he'd like to see this project move forward as quickly as possible. The City Manager inquired if the April 1975 outline was to be included as part of the study, to which Councilman Martin replied it should bp, but updated. The City Manager said this type of study would probably take four or more months to co+nplete. -181 _._.--•---- City Council meeting minutes July 6, 1982 The City Planner said any part of the previous study five years or older would have to be updated. The motion failed 2-4 (Councilman Backes, Hanks, Martin, Strohl opposed) The City Manager suggested Council would like some type of plan, exploration of potential zoning, parking, and so forth, but not so detailed as to exploring market considerations and other complex variables. It was moved by Councilman Hanks, seconded by Councilman Martin, that staff bring back to Council some sort of a recommendation on how to proceed on this matter for the July 19 meeting. Councilman Backes suggested the affected property owners might consider hiring a planning firm to develop a concept rather than staff time being used for this purpose. Mr. Berenberg, representing the Minnetonka interests, said that for seven years businesses in ihis area had been looking for a commitment from the City to move forward. The motion passed 6-0. 9g. Signal project: W. 37 & Aquila Reconstruction and signal project: W. 37th St. and Aquila Ave. By consent, the report was received for filing 9h. Planning Commission minutes 9i. HRA meeting minutes 10a. Boards and Commissions lOb. Purchase of ri ht-of-wa ; Reso ution Nos. 7 71, 7172 The minutes of the Planning Commission meeting held June 16, 1982 were ordered filed by consent. The minutes of the Housing and Redevelop- ment Authority meetings held June 8 and June 24, 1982 were ordered filed by consent. UNFINISHED BUSINESS No business. Purchase of right-of-way: 7200 Minnetonka Blvd., and 2926 Louisiana Ave. It was moved by Councilman Nanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7171 entitled, "Resolution repealing Reso- lution 7165 and authorizing purchase of property for street right-of-way at 7200 Minnetonka Boulevard"; and Resolution No. 7172 entitled, "Resolution authorizing purchase of property for street right of way at 2926 Louisiana Avenue South." The motion passed 6-0. -182- City Council meeting minutes July 6, 1982 NEW BUSINESS lla. Towns Edge Ford; A representative from Towns Edge Ford Resolution No. 7173 said they were requesting an amendment to their special permit to correct two problems on their premises: (1) raise sidewalk to eliminate customers tripping; and (2) replace a wall with six showroom windows. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7173 entitled, "A resolution amending Resolution No. 6995 adopted October 19, 1981, amending Resolution No. .'• 6714 adopted December 1, 1980 amending Resolution No. 6047 granting permit under Section 14-124.101 of the Ordinance Code to permit new and used auto- mobile and non-heavy duty truck sales in a Planned Unit Development District at 3551-3555 Highway 100 South." The motion passed 6-0. 12a. Claims MISCELLANEOUS Miriam McCormacl� 4400 Philbrook Lane, Edina By consent, the claim to be referred to the City Attorney and City Manager for proper action. �2b• Comrnunications from the Mayor Mayor McQuaid thanked all who had par- ticipated in the success of Party in the Park, singling out the American Legion, VFW, Knollwood Mall, the Community Band, Community Chorus, Historical Society, Rotary, the many financial institutions involved, West Suburban Chamber of Commerce, School District and City staff. 12c• Comnur�ications from the He referred to the memo indicating the City Manager ' Sunset Ridge Office Condominium project is an eligible project under Minnesota Statutes, Chapter 474. He reminded Council of the study session scheduled for Jui�y 12. It was moved by Councilman Hanks, seconded by Councilman Martin t� hold a one-hour goal setting session for July 26 and to take up any matters not covered at the study session. The motion passed 6-0. The City Manager reported that at a recent meeting with MnDOT, the State wi11 commit $1.2 million to local construction costs with the City to purchase right-of-way and that a Memorandum of Understanding to the effect was being drawn up. � � -183- � City Council meeting minutes July 6, 1982 CLAIt4S, APPR4PRIATIONS, COP�TRACT PAYMENTS 13a. Verified claims It was moved by Councilman Ralles, sec- onded by Councilman Martin, that the list of verified claims dated July 6, 1982, prepared by the Director of Finance, in the amount of $524,583.03 for vendor claims and �21,688.58 for payroll be approved and the City Manager and City Treasurer be authorized to issue checks in those amounts. The motion passed 6-0. 13b. Contract Payments - Final It was moved by Councilman Hanks, seconded Resolution Nos. 7174, 7175 by Councilman Martin, to waive reading and adopt the following resolutions: Resolution No. 7174 entitled, "Resolution accepting work on hockey dasher boards for the Recreation Center"; and Resolution No. 7175 entitled, "Resolution accepting work on irrigation installation at the Recreation Center", and that the following final payments be made: l. Homsten Ice Rinks, installation of hockey dasher boards and plexiglass at the Recreation Center. Amount: $59,000. 2. Sprinkler System Installations, irrigation installation at the Recreation Center. Amount: 2,620. The motion passed 6-0. Contract Payments - Partial It was moved by Councilman Hanks, seconded by Councilman Martin, the the following partial contract payments be approved: 3. Natural Green, Inc., bus plazas. Amount: $8,878.13. 4. Arcon Construction Co., concrete paving, curb & gutter. Amount: �78,055.28._ 5. Boda Construction Co., concrete alley construction, concrete repair and related work. Amount: $27,420.97. 6. Northwest Asphalt, Inc., paving, curb & gutter, traffic signal. Amount: $42,672.34. The motion passed 5-1 (Councilman Strohl opposed) 14. Adjournment It was moved by Councilman Ralles, seconded by Councilman Martin, that the meeting be adjourned at 10:26 p.m. The motion passed 6-0. � .� , � Q.�, � � ` Mayor � �'� F' ���ti'U P�t Smit , Recor in ecretary -184-