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HomeMy WebLinkAbout1988/12/19 - ADMIN - Minutes - City Council - Regular 4111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 19, 1988 1 . Call to order The Mayor called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks presented a resolution Resolution 88-188 of appreciation to Harlan Schopper in honor of his 34 years of service to the City. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy David Strand Keith Meland Lyle Hanks 411 Also present were the City Manager, City Attorney, Director of Public Works and Acting Director of Planning. 5. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the minutes of the December 12, 1988 City Council meeting. The motion passed 5-0-1 (Councilmember Strand abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Duffy to approve the consent agenda with the removal of 9c. The motion passed 6-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the agenda for Dec. 19, 1988. The motion passed 6-0. PUBLIC HEARINGS 6301 Wayzata Blvd. Special permit to permit a Resolution 88-189 rental lot for motor vehicles: 6301 Wayzata Blvd. Brian Zubert, 6311 Wayzata Blvd. , neighbor of the applicant, said -246- • City Council meeting minutes December 19, 1988 the proposed budget car operation was fine with him. However, there was a problem with the retaining wall between his property and the Blair property which has been caving in over the past five years. Peter Beck, attorney) was present, representing Budget Rent-A-Car. He said they were losing their present building at Louisiana and Hwy. 12 because of the 1-394 construction. He displayed a board with the site plan. He said there was a dispute between Mr. Blair, owner of the property, and Mr. Zuftert as to the location of the property lane. He said a survey shows that Mr. Zubert's building encroaches a fraction of a foot onto the Blair property and the retaining wall , constructed by Mr. Zubert' s predecessor , also encroaches on Mr. Blair's property. He said his client was in total agreement with the recommendations of the Planning Commission. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. Councilmember Strand asked if dispute between the two parties were to be settled, would the City have any way of enforcing repair of the retaining wall . The City Attorney responded that the ownership and duty to repair the retaining wall sounded as though it was a matter of civil dispute. City staff could review the situation to determine if liability issues are involved. To determine who is responsible might best be adjudicated before the City. However, it would remain an open question as to whom the City may turn to after further review of any litigation. Mayor Hanks asked if potential adjudication over the retaining wall was a reason that could be used as a basis for denial . The City Attorney said he did not believe so. He said he believed that the separate question of the safety of the wall regardless of its ownership was something Council direct City staff to review. But it sounded as though it is a matter of dispute as to whom that duty would flow to. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-189 entitled "A resolution granting special permit under Section 14-156(6) of the St. Louis Park ordinance code relating to zoning to permit a rental lot for motor vehicles for property zoned B-2, general business district, located at 6301 Wayzata Blvd." Councilmember Battaglia suggested a friendly amendment wherein staff look at the situation with the retaining wall . Councilmember Strand said he was intending to offer a second motion to that effect. Councilmember Duffy asked if the retaining wall would not ordinarily be put into the special permit for construction of that building. The Acting Planning Director stated this would normally appear on a grading1110 and drainage plan. Councilmember Duffy asked if there might be something in either the Planning Department records or Inspections records that would talk to the retaining wall . -247- City Council meeting minutes December 19, 1988 4111 The Acting Planning Director felt the building department files might have something relative. The motion passed 6-0. Councilmember Strand, seconded by Councilmember Battaglia, directed staff to determine whether the present condition of the retaining wall causes . concern re the safety of the adjoining premises. If so deemed, that staff take whatever action is necessary to correct the situation. Councilmember Strand hoped to avoid the Planning Department getting caught in the middle of a dispute between two private parties. If there was something on record suggesting the City can presently enforce the City's ordinances, he hoped that staff would go ahead and do that. The motion passed 6-0. 6b. Reddy Rents Special permit to permit an Resolution 88-190 open storage yard: 3320 Republic Ave. Brian Fitzgerald, 4911 Excelsior Blvd. , representing J & F Reddy Rents) spoke to Council . He said they wish to move their rental trucks and heavier equipment to a new location at 3320 Republic Ave. He said the equipment 411 will be well screened by trees and landscaping on that property. Councilmember Strand asked how many trips would be generated per day. Mr. Fitzgerald thought about 20. In answer to a question from Councilmember Strand as to the size of trucks to be stored, Mr. Fitzgerald said any size that can be operated with a regular driver' s license. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-190 entitled "A resolution granting special permit under Sections 14-17(3) and 14-156(6) of the • St. Louis Park Ordinance Code relating to zoning to permit an open storage yard for property zoned I-1 , industrial district, located at 3320 Republic Ave." The motion passed 6-0. 6c. American Legion Registered land survey: Minnesota Resolution 88-191 Department of Transportation for American Legion There being no one wishing to speak, the Mayor closed the hearing with 41/1 the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-191 entitled "Resolution giving approval for registered land survey of Minnesota Department of Transportation for American Legion." ,248- City Council meeting minutes December 19, 1988 The motion passed 6-0. 1111 6d. TFC bank drive-up Special permit to expand the Resolution 88-192 drive-up teller facility at TCF: 8020 Highway 7 Nancy VanEss, 3536 Texas Ave. So. , expressed her concerns that rerouting the teller lanes to the east side would make the traffic situation on Texas Ave. worse than it is today. The Acting Planning Director displayed an overhead which illustrated how the traffic would be routed around the back of the building thus avoiding the stacking at Texas Ave. Robert Galish, TCF Banking and Savings, was present to answer any questions. There being no one further wishing to speak, the Mayor declared the meeting closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-192 entitled "A resolution rescinding Resolution 5190 adopted on January 6, 1975 and granting special permit under Section 14-124.101 (2) of the St. Louis Park ordinance code relating to zoning to allow expansion of drive-up teller facility at 8020 Hwy. 7." The motion passed 6-0. 6e. Auto service center Special permit request: 4150-4200 Excelsior Blvd. , automotive service center and off-street parking There being no one wishing to speak, the Mayor accepted a motion to continue the public hearing to January 3, 1989 which was so moved by Councilmember Meland, seconded by Councilmember Strand. The motion passed 6-0. 6f. 3501-3551 Louisiana Ave. Special permit request for office/ retail center It was moved by Councilmember Strand, seconded by Councilmember Mitchell to continue the hearing to January 17, 1989. The motion passed 6-0. 6g. Cable TV franchise renewal The City Manager said that staff has been working with legal counsel since Nov. 17 with the1111 intent of having a franchise ordinance ready by the end of the year. He said an executive summary received by Council outlines the substantive changes from the old to the new franchise ordinance. He said the changes have essentially been -249- City Council meeting minutes December 19, 1988 4111 agreed to by the City and Nortel and will be included in the cable franchise ordinance. He said staff was recommending the public hearing be continued to January 17, 1989 at which time it is anticipated a final draft of the ordinance will be ready for Council action. He also wanted to note that Council had been furnished a letter from the School Board and staff will be examining some items brought to the City's attention. It was moved by Councilmember Meland, seconded by Councilmember Strand to continue the public hearing to January 17, 1989. The motion passed 6-0. REQUESTS, COMMUNICATIONS, PETITIONS None. RESOLUTIONS AND ORDINANCES 8a. Gamble Drive Vacation Ordinance 1772-88 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1772-88 entitled "An ordinance 411 vacating public street: easterly 370 feet of Gamble Drive." The motion passed 6-0. 8b. Registered land survey It was moved by Councilmember Resolution 88-193 Meland, seconded by Councilmember Strand to waive reading and adopt Resolution 88-193 entitled "Resolution giving approval for registered land survey of MEPC American Properties." The motion passed 6-0. 8c. MEPC parking ramp Special permit for parking ramp: Resolution 88-194 MEPC It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-194 entitled "A resolution granting special permit under Section 14-124(2) (a) of the St. Louis Park Ordinance Code relating to zoning to permit a 797 car parking ramp for property zoned DDD, diversified development district, in the Minneapolis West Business Center, St. Louis Park, Minnesota." The motion passed 6-0. 411 It was moved by Councilmember Mitchell , seconded by Councilmember Battagli to authorize execution of a development agreement. The motion passed 6-0. -250- City Council meeting minutes December 19, 1988 8d. Parking agreement Special permit for operation of a Class IV restaurant at 5621 Wayzata Blvd. Louise Segreto, KK Corp. , said two outstanding issues remain regarding the shared parking easement. First, KK has approached the lendor who has denied consenting to the easement. She said that condition 10 language had been revised as follows: "In the event the hotel property is foreclosed by any party which has not consented to the easement agreement, the City shall have the option at its sole discretion to revoke this special use permit.11 Her major concern was that if the two parcels come under separate ownership, the retail project's special permit would be at risk. The whole value of the retail parcel would be at the mercy of the hotel ' s success. She was suggesting any revocation be limited to the retail space, the Sub shop. The City Attorney reminded Council that the initial shared parking agreement was a requirement of the initial retail development. It was not implemented at the time. The City Attorney's office has now drafted a shared parking easement which goes back to the initial development to include all the spaces that were to be included under a shared parking agreement. Ms. Segreto felt the agreement was too burdensome and encompassing; that it would take the complete value of the retail project away. It was the City Attorney's opinion the mortgagor should agree to the shared parking agreement because it was a condition of the initial permit. Councilmember Strand asked if that language were included in paragraph 10c, would she not be willing to proceed with the special permit. She said that was correct. She said the other issue deals with the number of spaces. She said they are prepared to give 51 shared parking spaces. She referred to the resolution calling for 62 spaces. She noted that the 62 spaces dropped down to 51 when the banquet rooms at the hotel were expanded and 11 spaces were lost. She felt she should not proceed until this discrepancy in the resolution was clarified. It was moved by Councilmember Battaglia, seconded by Councilmember Strand, to defer the matter until it was fully ready to return to Council . The motion passed 6-0. 8e. Water/sewer rates Ordinance re 1989 water/sewer Ordinance 1773-88 rates It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to waive reading and adopt Ordinance 1773-88 entitled "An ordinance IL amending the St. Louis Park Ordinance Code Section 9-101 , water rates; Section 9-231 , sewer rental rates." -251- City Council meeting minutes December 19, 1988 4111 The motion passed 6-0. 8g. Official City newspaper By consent, motion to designate Resolution 88-195 the Sun Sailor as the official City newspaper for 1989. Item 8f was deferred to January 1989. 8h. Capital improvement program Proposed five-year MSA capital Resolution 88-196 improvement program It was .moved by Councilmember Meland, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-196 entitled "Resolution approving five-year municipal state aid capital improvement program." The motion passed 5-0. 8i . MnDOT agency agreement By consent, motion to waive Resolution 88-197 reading and adopt Resolution 88-197 entitled "Resolution authorizing execution of an agency agreement with MnDOT providing for the Commissioner of Transportation to act on behalf of the City pursuant to Minnesota Statute 161 .36." 411 The motion passed 6-0. 8j. Burger King Special permit minor amendment: Resolution 88-198 Exterior modifications, Burger King. By consent, motion to waive reading and adopt Resolution 88-198 entitled "A resolution rescinding Resolution 88-144 adopted on September 4, 1984, rescinding Resolution 84-32 adopted on March 19, 1984, rescinding resolution No. 6699 adopted on Nov. 3, 1980 and granting special permit under Section 14-156 and 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to modify the exterior of a drive-in facility for property located in the B-2, General Business District, and F-2, floodplain district at 3670 Aquila Ave. and a Class IV restaurant at 3650 Aquila Ave." 8k. Citizen' s State bank signage Special permit minor amendment Resolution 88-199 By consent, motion to waive reading and adopt Resolution 88-199 entitled "A resolution rescinding Resolution 6269 adopted on May 21 , 1979, granting special permit under Section 14-156(11 ) of the St. Louis Park Ordinance Code relating to zoning to allow an outdoor electronic display system at drive-in bank located in the B-2 business district at 4201-4209 Minnetonka Blvd." 411/ 81 . Proposed sale to Oakmont Ward Johnson, president of Lake Forest neighborhood, spoke to Council . -252- f City Council meeting minutes December 19, 1988 He alluded to the letter signed from the Neighborhood Coalition, stating he found it on his doorstep and that it had nothing to do with theIlr Lake Forest neighborhood. He felt the neighborhood always tried to work with the staffs of the Planning and Public Works department in a fully cooperative manner and was sure those staff members would reiterate the same. Phillip Mutter, 4405 Cedar Lake Rd. , had several concerns. He said he had no knowledge of this proposed project and asked how people received this type of information. He was primarily concerned with the additional traffic that would be generated by the proposed project. Also, he was not sure what the developer had in mind: single-story, two or three-story or what. Also, is the development targeted to seniors, low-income or what. Councilmember Strand said he would not want Council to be put in the position of taking action before the Planning Commission takes action on the project. As a matter of fact, that cannot be done by law, he added. The City Manager said this item was on tonight's agenda, before being reviewed on the Planning Commission on Wednesday night, for procedural requirements and secondly, for the Council , if it chose, to provide some direction as to what it would look for if and when the property were sold. The City Manager said final approval of the development plan would be done by the Council . He said that with the year-end situation, it was conceivable that the land be sold or a commitment made to sell it pending that approval . He said that doesn't necessarily mean the Council is going to sell the land. Robert Klepinski , 2124 Parklands, addressed Council . He said he was procedurally outraged. He felt no one really knew what was going on. He was concerned about how the procedure would look and that the interests of the neighborhood were not being cared for. Councilmember Strand gave a brief history of how the proposed project had come to this point. Councilmember Battaglia said that from the time the developer came to Council to discuss the problem he had run into on the other property, the number one concern that every member of Council expressed was that the neighborhood be involved in the process and that nothing was railroaded through. He said he intended to put some type of constraints on the purchase agreement, i .e. if the City does not get the type of development it wants and do not have the review process that the Council thinks it wants, they can back out of the sale. Robert Schwartz, 2219 No. Willow Lane, addressed the Council . He felt there were two distinct issues: sale of land and development of land. He also was concerned about procedural issues. He noted there were other pieces of property in the City available for development. He pointed out that Mr. Cox took a risk on those development bonds. Mostly they win; sometimes they take a loss, and that is part of the development process. -253- City Council meeting minutes December 27, 1988 4111 Councilmember Mitchell said disposal of this land had been discussed at Comprehensive Plan meetings, at zoning meetings, that neighborhood meetings had been held -- this item is not new. He wondered if rather than doing something about the item tonight if it might not be appropriate to meet next week after the developer has had an opportunity to make his presentation to the Planning Commission. Mayor Hanks asked if a purchase agreement could be contingent upon a project being feasible and/or acceptable. The City Attorney said a purchase agreement can be contingent, upon other matter, the issuance of a special permit. He said he had been advised by bond counsel that on or before Dec. 31 , 1988 there must be a tentative commitment to sell the land as well as a tentative financing commitment. Patrice Conaway, owner of the property at 4042 Cedar Lake Rd. , and Henry Blackburn, 1525 Keltern Ln. , Golden Valley, owns property abutting the subject property in question. Both were opposed to the proposal , Mr. Blackburn stating the South Tyrol neighborhood had received no notification about the proposal . Tina Lewis, Jewish Community Center, said she had been involved in meetings in the past relative to this property, but had not received notification of tonight' s meeting until Friday p.m. 4111 Mr. Schwartz asked that the property be considered as park land use and hold for all residents for the benefit of the future. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive first reading, set second reading for the year-end meeting and authorize summary publication. Councilmember Battaglia had concerns over selling a piece of property with no idea what was going to go on it and would oppose the motion. Councilmember Strand viewed his motion asavery limited one, a motion that says we're going to keep the opportunity open. He did not view it as a commitment on the project, not a commitment on what the project would look like -- that is a process that Council was leaving with the Planning Commission. The motion failed 3-3 (Battaglia, Meland, Hanks opposed; Duffy, Mitchell , Strand in favor) . It was moved by Councilmember Strand, seconded by Councilmember Duffy, to continue the matter to Dec. 27, 1988 at 7:30 p.m. The motion passed 4-2 (Councilmembers Battaglia and Meland opposed) . 41 -254- ti City Council meeting minutes December 19, 1988 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Refuse collection Municipal buildings By consent, motion to direct Mayor and City Manager to execute an agreement with Waste Management Savage for provision of refuse collection at municipal buildings. 9b. Consultant selection T.H. 7/Louisiana Ave. intersection It was moved by Councilmember Meland, seconded by Councilmember Duffy, to authorize execution of an agreement with BRW in the amount of $193,400 for design consultant services on the T.H. 7/Louisiana Ave. intersection. The motion passed 6-0. 9c. Cable coverage Expanded coverage of public meetings Councilmember Mitchell , supportive of the concept of expanded cable tv coverage of public meetings, asked how it would be paid for. The City Manager said he believed it would come out of the City's cable budget. Councilmember Mitchell asked what the hourly rate would be. The City Manager said he would have to research that information. Councilmember Mitchell said he would like more information about costs. 9d. Community programming logo By consent motion to direct staff to proceed with the development of a logo design for the community access channel . 9e. Perkins Restaurant Time extension for special permit It was moved by Councilmember Duffy, seconded by Councilmember Meland, to approve the time extension. The motion passed 6-0. UNFINISHED BUSINESS 10a. Boards and commissions By consensus, Council decided to have the liaison schedule to boards and commissions remain status quo. NEW BUSINESS lla. 1989 insurance program By consent, motion to continue insurance coverage through the current carriers. -255- City Council meeting minutes December 19, 1988 4111 llb. 1989 uniform contract By consent, motion to designate Uniforms Unlimited as the lowest responsible bidder and authorize execution of a contract with that firm for purchase of uniforms during 1989. MISCELLANEOUS 12. Claims None. 12b. Communications from Mayor Mayor Hanks reminded Councilmembers Battaglia and Mitchell of the first meeting for the zoning ordinance review on Wed. at 6:00 p.m. 12c. Communications from City Manager The year-end meeting was set for Thursday, Dec. 29 at 7:00 p.m. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated Dec. 19, 1988 in the amount of $461 ,958.41 for vendor claims and $10,644.28 for payroll claims was approved and the City Manager and City Treasurer were authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 10:25 p.m. UiL Mayo /" X& bi\AA 0 Recording Secretary -256-