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HomeMy WebLinkAbout1988/04/18 - ADMIN - Minutes - City Council - Regular r IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 18, 1988 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None. 3. Roll call The following members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the minutes of the April 110 4, 1988 City Council meeting. The motion passed 5-0-2 (Councilmembers Friedman. and Mitchell abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the consent agenda for April 18, 1988 with the removal of llc. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the agenda for April 18, 1988. The motion passed 7-0. PUBLIC HEARINGS 6a. Beltline Business Park Vacation of utility, drainage and pedestrian easement in Beltline Business Park 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 Councilmember Duffy, seconded by Councilmember Friedman, to waive first reading, set second reading for May 2, 1988 and authorize summary publication. The motion passed 6-0-1 (Councilmember Mitchell abstained) . 111 6b. Zoning change: 7525 Hwy. 7 Request for zoning change from R-2 to R-4 -75- City Council meeting minutes April 18, 1988 41111 Opal Kohner addressed Council . She said she has not been able to sell the home at 7525 Highway 7 for the past four years for a number of reasons,one being this is the only house facing north from Blake Rd. to Lake St. and everyone who has seen the home wants to conduct a small business in it -- not retail , no truck traffic. Because of her physical condition she is no longer able to care for it. 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 Friedman asked for comment from the Planning Director as to what he sees coming for this area since there is so much commercial development. The Planning Director said if there were to be a change at this property, it would make sense to look at the entire frontage road from Texas to approxi- mately Oregon as a change on this property would affect all the properties to the west. Also, there is a non-conforming use one block west, Wagner' s Drive-in, and the question would be would the Council be interested in looking at that block in terms of making the use more conforming. Thirdly, would the redesign of the Hwy. 7/Louisiana intersection with the closing of a signalized intersection at Quebec make this property less accessible for commercial use. Councilmember Friedman said this situation was going to start coming up 411 more and more as the City move's through a transitional phase. He felt in order to assist these people like Mrs. Kohner, perhaps some piecemeal rezoning might have to be done. He did not like to see people being put aside while a whole plan is conceived. At the request of Councilmember Mitchell , the Planner explained that one of the major concerns the Planning Commission discussed was what the plan was for the area at the current time. One of the major concerns in looking at any zoning change is whether or not it is consistent with the adopted Comprehensive Plan. In this case, the Plan does show low-density residential along the south frontage road from this point to Texas Ave. The other question was what impact a change would have on the property to the south which are existing single family. He said that under the ordinance a residence may be used for home occupation if certain criteria are met, i .e. , having people from outside come to work in your home is prohibited, one can't sell re- tail goods not produced on the premises. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to authorize preparation of a resolution of denial . Councilmember Meland said that a number of residents of the neighborhood had contacted him, feeling that retaining the R-2 zoning was appropriate. The motion passed 7-0. 6c. France/Excelsior Blvd. Zoning change from R-2, R-B and B-2 to PUD at France/Excelsior Blvd. -76- City Council meeting minutes April 18, 1988 Dan Parker, representing the applicant, was present to answer questions. Councilmember Strand asked how many restaurants were planned for the develop- .,,ent. Mr. Parker said there were no restaurants, per se, rather up to six food uses were proposed, i .e. , take out, Chinese, bakery, pizza, deli . 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. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive first reading of the ordinance, set second reading for May 2, 1988 and authorize summary publication. Councilmember Strand restated his opposition to this project in that the proposed project is not the best use of the property, that it does not show good planning on the part of the City to approve, that planning should be undertaken for the entire length of Excelsior Blvd. and he disapproved of having a fast food corner at France and Excelsior. It appeared to him that the project was not going to be of the high quality he had formerly believedit would be. Councilmember Duffy commended the developer in that they have worked hard with the neighborhood, have met time and again with the Minikanda Oaks 11) neighborhood association, had worked long hours with staff. He believed they were coming up with a nice project the City would be proud of. Councilmember Mitchell felt the project was going to impact the neighborhood more than was originally supposed and that he could not now support it. Councilmember Friedman was concerned that a fairly bad intersection was going to become a worse intersection with increased traffic and turning movements. In answer to a question from Councilmember Battaglia, the developer said the current lease plan has 19 units ranging in size from 800-6,000 sq. ft. The maximum allocated to take out and delivery would be six, four of them ancillary uses to other retail uses such as bakery, ice cream store, etc. • Councilmember Battaglia concurred with the comments of Councilmember Duffy and said he was also in support of the motion. The motion passed 5-2 (Councilmembers Mitchell and Strand opposed) . 6d. Special permit: Special permit for construct- France/Excelsior Blvd. ion of retail stores and office space at 3900 Excelsior Blvd. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to defer to May 2, 1988 for consideration after second reading of the ordinance changing the zoning. The motion passed 7-0. -77- �: City Council meeting minutes April 18, 1988 6e. 2903 Kentucky Vacation in lot area, 11 lot width and side yard setback 2903 Kentucky Ave. Brean Kihle described what it was he was requesting. David Wilcox, 2909 Kentucky Ave. was opposed to the application as were representatives of the neighborhood with him. 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. Councilmember Strand said he appreciated what the applicant was trying to do, but he could not go along with such an intrusion into the neighborhood. He felt the City had to meet the reasonable expectations of the residents of the neighborhood. It was moved by Councilmember Strand, seconded by Councilmember Friedman to authorize preparation of a resolution of denial . The motion passed 7-0. 6f. American Legion Variance in front and rear yard setbacks at Oil 5707 Excelsior Blvd. Mayor Hanks noted the petition before Council . The following residents spoke in opposition to the Legion's plan for a parking lot: Bruce Levine, 4045 Xenwood; Lee Erickson, 4056 Xenwood; Linda Studghill , 4080 Xenwood; Joseph Besasie, 4076 Xenwood; and June Diley, 4052 Xenwood Ave. They voiced their concerns over the Legion's proposal and to oppose any future development or expansion of Legion activities or properties in the Xenwood neighborhood without proper long-range planning and approval by the City and neighborhood residents. Mr. Levine pointed out the Legion had promised a year ago not to proceed with any plans until conferring with the neighborhood. Since that time, he said the Legion has purchased the land for which theyrequire a variance, torn down bushes and have applied for the variance -- all without having any meetings with representatives of the neighborhood association. He read a list of complaints of the neighbor- hood. Theyoffered as solutions to the problem the following: (1) the neighbor- hood is requesting some form of restricted street parking for non-residents; (2) the association wants to eliminate access to the Legion property at the north end of Xenwood by auto/pedestrians by creating a dead-end by cul-de-sac or other means as well as providing the appropriate fencing; also no means of access from Webster or 40i St. would be allowed; (3) the association would like to see traffic studies done by the City to 41/0 review traffic/pedestrian movements around the intersection of Yosemite and Excelsior and the area around the Legion to see if conditions can be approved; and (4) the association would like to see the City take more interest in the development of the Excelsior Blvd. corridor and develop -78- City Council meeting minutes April 18, 1988 a long-range plan that would take a closer look at the presence of businesses such as the Legion and Fantasy House and how they do or do not fit into the context of the neighborhoods and business districts. Lee Erickson spoke for the need of a redevelopment plan for all of Excelsior Blvd. as it runs through St. Louis Park. Tom Shottenbauer, American Legion, presented background information on this project. He said that the American Legion bought the property in question in 1986 and that the removal of the fence and bushes was part of the purchase agreement between the City and the Legion. He said the Legion was in compliance with all ordinances regulating parking on its property. He said he has made a committment to work with the neighbors and he intends to honor that commitment. He felt that some plan probably could be worked out for closing off of the street that would be acceptable to all parties. Mr. George Swobrich, 4041 Webster, complimented the Legion for its plan for a parking lot to get the cars off the street. He was not aware of any drunkeness, excessive noise, misbehavior coming from patrons of the Legion. 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 Councilmember Battaglia,gRseconded by Councilmember Friedman, to Legionhto canerto ssa e°resoiutioh or tnis matter. to allow time for the residents to work Councilmember Strand wanted to add to the motion the request that the issues raised by the neighborhood be addressed: parking restrictions (perhaps a permit parking arrangement) ; hours of operation; deadending of Xenwood with a cul-de-sac; a traffic study of that immediate area. In addition, notification of any discussions should include residents on Webster, 402 St. as well as Xenwood so everyone is included who will be affected. He said if Councilmember Battaglia was willing to go along with his suggestions, he would support it. Councilmember Duffy felt the items of a parking lot opening onto Xenwood and hours of operation were items the Legion could address. The other items Councilmember Strand brought up are issues the City must address, that they do not fall under the purview of the Legion. Councilmember Strand said it was his feeling the neighborhood should be involved in discussions involving all of the issues even though some of them could only be solved by the Legion and others solved by the City. He felt it important input fron all concerned be gathered. Councilmember Mitchell wondered if this was going to be enough parking 11110 or would a certain percentage still spill over onto the streets. The motion passed 7-0. -79- City Council meeting minutes April 18, 1988 6g. 9445 Minnetonka Blvd. Appeal of a decision by the Zoning Administrator: 4111 9445 Minnetonka Blvd. Sam Stern, attorney for the applicant, gave a brief history on this property. Harry Nilsson, 9406 Minnetonka Blvd. was concerned about parking. He said the congregation in the church was the third in ten years, and there was no guarantee that if a new congregation were to take over, the parking agreement would remain in effect. He said now snow is pushed to the south end of the parking lot thereby using up some of the available parking Dr. Handelman addressed the Council . In refuting Mr. Nilsson's comment that school children are picked up from his property, he said the bus pickup was kitty corner from his building. He said the snow was pushed off the south end of the parking lot and down a small hill and does not take up any of the parking spaces. He said they had no intent of intensifying the neighborhood; actually, by terracing and filling the south end of his property, they intend to increase parking. 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 Councilmember Mitchell , seconded by Councilmember Friedman to authorize preparation of a resolution of approval for the expansion. The motion passed 5-2 (Mayor Hanks and Councilmember Strand opposed) . 0111 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Neslund property It was moved by Councilmember Mitchell , seconded by Council- member Friedman, to receive the letter for filing. Councilmember Battaglia asked if this were appropriate for an executive session. The City Attorney said that from the letter, it appears their intent is to sue the City and that it would be an appropriate subject for an executive session. Councilmember withdrew his motion. It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to discuss the matter in executive session. The motion passed 7-0. -79- City Council meeting minutes 11) April 18, 1988 7b. 2850 Sumter Ave. Char Rice, 2844 Sumter, presented Council with a petition from the neighborhood requesting that the facility at 2850 Sumter Ave. , run by Catholic Charities, be closed. Mary Kay McNamara, Catholic Charities, said the organization has been involved in a number of housing services over the past 75 years. She said they have not received any written complaints about the neighborhood concerns. The home has been in operation for 16 months. Allison Boisvert, the housing manager, spoke to Council . She said she had never received a complaint from either the neighborhood or the City. She said they would not be continu- ing to lease this property and residents are being phased out. Linda Brown, Mert Suckerman, also residents of Sumter Ave. , addressed Council . They expressed their concern that an ordinance be adopted so that a situation like this does not happen again. Councilmember Meland addressed the neighborhoods concern regarding the City's ability to enact an ordinance either to regulate or give permits for this type of post-correctional facility, and asked the City Attorney to comment on state law. The City Attorney said that state law says that a state-licensed residential facility serving six or fewer persons shall 11111 be permitted a single-family residential use of a property. Therefore, it would be considered a permitted use which would not be subject to special or other conditions that could be imposed by a city. If the facility serves 7 thru 16 persons, the city may, under certain very strict procedural requirements, impose conditions such as it would impose on similar uses or facilities throughout the city. He said if it were an unlicensed facility, the City has the right to enforce existing City codes as related to unrelated parties living under one roof. Councilmember Strand asked if anyone had an idea how many of these types of operations, licensed or unlicensed, exist in the City presently. Councilmember Meland thought there might be as many as six, not all of which were run by Catholic Charities. Councilmember Mitchell asked the City Attorney to clarify that the City has no control over such facilities of under six individuals whether licensed or unlicensed. The City Attorney responded if it is licensed, it is considered under state law to be a permitted use. If it is unlicensed, the City has certain limitations on the maximum number of unrelated persons living there. A resident of the block said that in talking to a social servies worker, they were told that the state has mandated through the county that more of these types of facilities must be moved to the suburbs as there are too many in downtown Minneapolis. He said there were four unrelated people in the home at 2850 Sumter and that there was absolutely no supervision of those individuals. -80- City Council meeting minutes April 18, 1988 He felt it was essential an ordinance governing these types of facilities must 11 be developed. moved staff be to Councilmember Friedman/ and Councilmember Meland seconded that/ directed/look at what other communities are doing and have the City Attorney study it a bit further and then if it is the case the City cannot do anything, we could let the neighborhood know. Staff would report back to Council within 60 days. Councilmember Strand thought it might be appropriate to place this item on the legislative agenda and discuss with legislators prior to the next session. Councilmember Friedman didn't wish to wait that long to let residents know. Councilmember Mitchell said he would like the matter of lack of supervision to be more closely investigated - is it financially expedient for the state, does the program require it. The motion passed 7-0. RESOLUTIONS AND ORDINANCES None. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 411 9a. Wolfe Lake/Parkshore landscaping The Acting Director of Parks and Recrea- tion presented a three-phase landscaping plan proposed to be done in cooperation with the City of St. Louis Park, the Housing and Redevelopment Authority and the developers of the Parkshore Apartments on Park Center Blvd. Councilmember Friedman expressed his concern about the City coming up with a yearly budget and then a project such as this comes along requiring additional expenditures. He was all for community improvement, but how can each project be equated with all the upcoming similar projects throughout the community. The Acting Director explained that the developer was paying $13,000 of the proposed $17,000 expenditure and City forces can relocate the horseshoe pits and put in the lighting. Councilmember Battaglia said if there were $20,000 in the capital improvement plan this year, he would like to see a plan back how it is going to be spent. He found it difficult to make a decision based on the inflated figures in the report. The Acting Director said the recommendation before Council was to direct staff to refine this plan with the developer specifying where they intend to spend their funds, the amount of work the City can do within its budgeted amount. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia that the City Manager continue the dialogue with the developer and that it be done within thec gnt mk of what is budgeted at the present time and that a plan for the futureo the Council . -81- City Council meeting minutes April 18, 1988 Councilmember Strand asked if (1 ) the Council would be approving the concept of jointly doing a landscaping plan with the developer; (2) that the City prepare a landscaping plan that provides for landscaping wherein $13,000 is committed by the developer and $20,000 committed by the City pursuant to the Capital Improvement Plan; (3) in connection with that that staff be authorized to prepare an additional landscaping or additional phases of that plan to be brought back for consideration by the Council for inclusion in next year's Capital Improvement Program. Councilmember Friedman said that was phrased as he intended. He would only ask that each phase be fully completed so that there could be a stopping and starting point making the project look finished. The motion passed 7-0. 9b. 37th & Dakota Status on proposals for development The City Manager briefly discussed various proposals received from interested developers. He said most of the proposals have been towards the idea of keeping it single-family or low-density. Marie Hartmann said the neighborhood wants single family homes; no duplexes, no condominiums. Rhoda Peretti said they had submitted a proposal to build single-family homes. Walt Doelz, 4928 Washburn Ave. So. said he met with the neighborhood and that he had indicated his interest in developing this property. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to accept Alternative No. 1 as suggested in staff's report. Councilmember Meland asked if this was premature for a financial plan to be included. The City Manager felt it should be included. The motion passed 7-0. 9c. Recycling Status report on experimental multi-family recycling plan Councilmember Friedman thought it would be interesting to find out why there is not support in some areas. ' It was moved by Councilmember Strand, seconded by Councilmember Duffy, to put this item on the upcoming study session. The motion passed 7-0. 9c1 . Hennepin County recycling report It was moved by Councilmember Friedman, 11110 seconded by Councilmember Meland, to accept the report for filing. Councilmember Mitchell felt it appropriate a new release be prepared. The motion passed 7-0. -82- City Council meeting minutes April 18, 1988 9d. PER: Wooddale/Hwy. 7 Paving, curb/gutter, storm sewer, Resolution 88-43 street lighting at Wooddale south Ill of T.H. 7 frontage road It was moved by Councilmember Strand, seconded by Councilmember Battaglia to accept the preliminary engineering report establishing the projects, waive reading and adopt Resolution 88-43 entitled "Resolution requesting MnDOT to participate in project funding for City Project 83-16." The motion passed 7-0. 9e. Neighborhood meeting minutes W. 252 St. By consent, minutes ordered filed. 9f. Communications plan By consent, report received for filing 9g. March financial report 9h. Planning Commission minutes March 16, April 6 9i . BOZA minutes March 24 Financial report, minutes ordered filed by consent. UNFINISHED BUSINESS4 10a. Boards and Commissions Mayor Hanks noted there was an opening on the West Hennepin Human Services Planning Board. 10b. City Hall landscaping It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to direct staff to proceed with implementation of the plan for landscaping of City Hall garage. Councilmember Friedman did feel this was not an appropriate expenditure of funds when food shelves need money as well as other needs of community residents . He was not opposed to beautification, but he did feel this project benefitted , very few people. He also didn't see how using City forces would save money. As he commented about the Wolfe Park landscaping project, he didn't see how money was saved using City forces as people can only do one job at a time. Councilmember Duffy thought it was an appropriate improvement, one that will enhance the landscaping at the front of City Hall completed last year. Councilmember Mitchell said beautification is hard to define. He felt it enhanced the appearance of City Hall , which in turn reflects on the community and perhaps to better resale value of homes. He would support the plan in part because it was a downscaling of what had previously been proposed. Councilmember Battaglia asked if this was a one-time expenditure, or would41/11 plants, etc. have to be replaced each year. The City Manager said it was basically a one-time expenditure with annuals being planted. -83- City Council meeting minutes April 18, 1988 The motion passed 6-1 (Councilmember Friedman opposed) 10c. Ad benches Roland and Woody Danielson, U.S. Bench, addressed Council . They presented background information about their company which has been providing benches to bus riders for over 25 years. They were asking that an exception be added to the present sign ordinance which would permit ad benches in addition to the existing locations.They stated that in the last 11-12 years they had been permitted to install only one bench and that a number of requests had been denied. Councilmember Duffy said as he read the ordinance, he thought ad benches were allowed to be installed. During the discussions over the years to develop a sign ordinance, nothing relating to ad benches was ever brought up. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to direct staff to amend that portion of the existing 1985 sign ordinance that addresses signs in setback areas and rights-of-way for the exclusion of bus benches with advertising. Councilmember Mitchell did not view this as just cleaning up the language in the ordinance, i .e. it was more complicated. Councilmember Friedman left the chambers. In answer to a question from the Mayor, the City Attorney said any proposed amendment to the zoning ordinance would have to be referred to the Planning Commission. The City Manager said over a ten year period as the sign ordinance was being studied, the part affecting ad benches was simply overlooked. Councilmember Strand suggested sending the matter to the Planning Commission with no vote from Council and let them without bias study the question of whether the City should change the existing conflict that exists between the sign ordinance and existing bench ordinance. The motion on the floor failed 2-4 (Councilmembers Duffy, Meland in favor; all others opposed) It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to refer this matter to the Planning Commission and request they review the existing conflict between the two ordinances and provide their recommendation o? Rsheenagsconflict ought to be resolved and if the City should be in the business The motion passed 6-0. -84- City Council meeting minutes April 18, 1988 10d. Sick leave for fitness It was moved by Councilmember Meland, seconded by Councilmember Mitchell to proceed with implementation of the Sick Leave for Fitness program. The motion passed 6-0. 10e. Cable tv renewal It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to direct staff to commence renewal discussions with Nortel Cable and to solicit proposals for appraising the fair market value of the cable system. The motion passed 6-0. NEW BUSINESS lla. Pulltab licenses Renewal of state license to sell pulltabs: Cystic Fibrosis Foundation By consent, motion to approve. llb. Bid tab: patch materials 1988 bituminous patch materials By consent, motion to authorize execution of a contract with Bury & Carlson in the amount of $37,450. 1 movai seconded llc. Bid tab: 1988 street materials Cslmn Strandz/Cslan Meland/ to designate SA-AG Inc. as lowest responsible bidder for sand and Edward Kraemer and Son for crushed limestone Class II and that staff be authorized to execute contracts for $15,750 and not to exceed $5,570 respectively. MISCELLANEOUS 12a. Claims None 12b. Communications from the Mayor It was moved by Councilmember Meland, seconded by Councilmember Strand, to accept the resignation of the City Manager, Jim Brimeyer. The motion passed 6-0. 12c. Communications from City Manager The City Manager noted the Council would be sitting as the Board of Equalization at 5:00 p.m. Monday, April 25. He reminded Council to convene at Scanticon at 2:00 p.m. on April 21 . -85- City Council meeting minutes April 18, 1988 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated April 18, 1988 was approved in the amount of $461 ,979.83 for vendor claims and $7,768.73 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting was adjourned at 10:50 p.m. W ge,-14.4/ Mayo ',ecor.ing Secretary -86-