Loading...
HomeMy WebLinkAbout1989/01/03 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 3, 1989 1 . Call to order The meeting was called to order by Mayor Pro Tem Keith Meland. 2. Presentations None. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Also present were the City Manager, City Attorney, Acting Planning Director and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to approve the minutes of the joint City Council/Legislators meeting held December 19, 1988. The motion passed 5-0-1 (Councilmember Friedman abstained) . It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve the minutes of the City Council meeting held December 19, 1988. The motion passed 5-0-1 (Councilmember Friedman abstained) . It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the minutes of the special City Council meeting held December 27, 1988 with the following correction: on page 2 half-way down, the sentence beginning "If the parcel . . ." insert the words "on the property south of the railroad tracks" after the word "zoning." The motion passed 5-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Friectnan, to approve the consent agenda for January 3, 1989 with the removal of item lla. The motion passed 6-0. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve the agenda for January 3, 1989. The motion passed 6-0. 1- City Council meeting minutes January 3, 1989 PUBLIC HEARINGS 6a. Chi ' s Super Market Application of Sik Huh for off-sale non- intoxicating liquor license Mr. Sik Huh was present to answer questions. .A 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 Friedman, seconded by Councilmember Duffy, to approve the- application for an off-sale non-intoxicating liquor license at 4000 Minnetonka Blvd. The motion passed 6-0. 6b. Variance: 9219 Cedar Lake Rd. Front yard setback Louis Pius, applicant, addressed Council to say that he felt his variance request met all three conditions required for a variance. He had letters from his neighbors stating they were consulted and had no objections to his fence. He said he also consulted with Hennepin County and the City' s inspections department and was told that height maximum was 6 ft. 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 Mitchell , seconded by Councilmember Friedman, to authorize preparation of a resolution of approval . Councilmember Mitchell said he was aware of improvements made to this property over the past several years. Ordinarily he would not support this variance if it were across the street from other housing; however, this property faces Cedar Manor Park and is not going to be an unwarranted intrusion into the neighborhood. In answer to a question from Councilmember Strand, the Acting Planning Director said he had no knowledge as to whether or not the inspections department was contacted relative to the maximum height of a fence. The City Manager said he intended to look into what information it was that Mr. Pius received. Councilmember Strand said there were other 6 ft. fences along Cedar Lake Rd. that he was aware of; however, he was not aware of the circumstances under which that fence was constructed. He would have a problem if after Mr. Pius was told he could build the fence he were told to remove it. He felt it was important for the City to develop some policy relative to screening along Cedar Lake Rd. In answer to a question from Councilmember Friedman, Mr. Pius said that he called the inspections department and was told that as long as it is on your own property and less than 6 ft. high, it is o.k. and that he didn't need a permit. -2- City Council meeting minutes • January 3, 1989 Councilmember Friedman was concerned that this type of response to citizens Iput Council in a bind in that was the information correct or not. Councilmember Battaglia asked the City Attorney if a precedent was being set as a policy statement. The City Attorney responded a precendent would be established in a resolution of approval if that were the Council 's wish. Councilmember Battaglia was willing to look at a resolution of approval if there could be assurance a precedent was not being set relative to fences up and down Cedar Lake Rd. Councilmember Mitchell said variances were difficult to deal with as it is desirable for the rule to apply in every situation. He asked how this variance request would be different from a variance north of Minnetonka where a 40-ft. lot is approved but in another neighborhood it is not. Mayor Pro Tem Meland could not answer the question but he wanted to say he was sympathetic with Mr. Pious' request. He did not recall Council in the past ever approving a variance for a fence. He felt any fence that goes up along a right-of-way in the City has to be approved by the City Council and that is not via the variance route; rather it is a request from a homeowner and is approved by resolution. The theory behind approval , he believed, was the potential for creation of a traffic condition along the street which may pose visibility problems or some other hazard to pedestrians or motorized traffic. Councilmember Duffy thought that referred to construction on right-of-way, whereas this fence was on private land. The motion passed 6-0. Councilmember Friedman asked that Council be supplied with the letters from his neighbors that Mr. Pius alluded to. Councilmember Strand directed referring to the Parks and Recreation Commission the question of developing some appropriate screening along Cedar Lake Rd. and whether or not the City ought to participate in providing that screening. The City Manager suggested directing it to his office and let him involve the appropriate City staff. Councilmember Friedman felt that when residents inquire about construction of a more or less permanent structure as a fence that the appropriate rules and regulations be sent to such individuals. 6c. Smith variance Variance to permit construction Resolution 89-01 of a lot which does not have a frontage on a public street: 7450-7500 W. 27th St. IIIThere being no one wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -3- " City Council meeting minutes , January 3, 1989 It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-01 entitled "A resolution granting variance in frontage on a public street from Section 14-102(27) , 14-113(4) , 14-105 and 14-204 of the Ordinance Code relating to zoning to permit construction on a lot which does not have frontage on a public street in the B-3, business district, at 7450-7500 W. 27th St." The motion passed 6-0. 6d. Variance: 2240 Florida Front yard setback Res61 ution 89-02 There being no one wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen it at a future date. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-02 entitled "A resolution granting variance in front yard setback from Section 14-173(6) of the Ordinance Code relating to zoning to permit construction of an addition having a front yard setback of 0 ft. instead of, the required 20 ft. in the I-1 industrial district at 2240 Flordia Ave. So." The motion passed 6-0. 6e. Variance: 5100 W. 29th St. Side yard setback Paul Roberts addressed Council to say that the alternative garage site inIII the back yard requires fill or other artificial means to raise the lot level with the street. This would leave a hill or wall that their neighbors would have to look at. 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 Strand, seconded by Councilmember Battaglia to authorize preparation of a resolution of denial . Councilmember Strand was concerned about the close proximity of the proposed garage to the adjoining landowner. He asked if there were a letter from the adjoining landowner expressing that he has no problem with the variance. The motion passed 6-0. 6f. Lietzke property Special permit for placement Resolution 89-03 and grading of fill in the floodplain at 3201 Hillsboro Councilmember Strand asked Craig Lietzke, speaking for his mother, if they were in favor of the plan before Council . He said a compromise had been worked out which was agreeable to them. III There being no one further wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -4- . City Council meeting minutes ' January 3, 1989 IIIIt was moved by Councilmember Strand, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 89-03 entitled "A resolution granting special permit under Section 14-123. 100(2) of the St. Louis Park Ordinance Code relating to zoning to permit placement and grading of fill in the floodplain for property zoned F-1 , floodway, and F-2, floodplain, located at 3201 Hillsboro Ave." The motion passed 6-0. Councilmember Strand asked when construction could begin. The Director of Public Works said they would make every effort to commence that project as soon as possible so that a level of protection is provided for the spring rains. 6g. Off-street auto service center Special permit to permit an auto Resolution 89-04 service center and off-street parking: 4150 and 4200 Excelsior Blvd. There being no one wishing, to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it at a` future date. Councilmember Duffy said he had received only one phone call about this matter. He said apparently the neighborhood and applicant had worked out III any problems they had. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-04 entitled "A resolution rescinding Resolution No. 88-116 adopted on September 6, 1988 rescinding Resolution 88-11 adopted on February 1 , 1988 rescinding Resolution 85-150 adopted on Oct. 7, 1985 and restating Resolution No. 1177 adopted on February 15, 1960 and Resolution No. 3022 adopted on March 21 , 1966 and granting special permit under Sections 14-156( 18) and 14-125(4) of the St. Louis Park Ordinance Code relating to zoning to allow an automotive service center and off-street parking for property located in the B-2, general business and R-3 , two family residence districts at 4150 and 4200 Excelsior Blvd." Councilmember Strand said his problem with this request is that Council previously had identified this entire area from Hwy. 100 to France Ave. as an area of concern relative to its development. He felt the entire Council should take a look at this strip of property and decide how it is to be developed beyond just the On the Avenue project. He hoped that this item could be put on a long-range planning agenda to be addressed as a Council . Councilmember Duffy was in agreement and voiced his concern about the remaining residential properties fronting on Excelsior Blvd. He felt the EDA might be the appropriate body to address this matter. illThe motion passed 6-0. IIIPETITIONS, REQUESTS, COMMUNICATIONS None. -5- City Council meeting minutes I • January 3, 1989 RESOLUTIONS AND ORDINANCES 8a. Eliot View/Edgewood Resolution re traffic controls, Resolution 89-05 Traffic Study 396 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-05 entitled "Resolution authorizing the installation of a stop sign and "No right turn 6-9 a.m. , Monday through Friday" on Eliot View Road at Edgewood Ave. and "No left turn 3-6 p.m. , Monday through Friday" on Edgewood Ave. at Eliot View Rd." The motion passed 6-0. 8b. Establishment of an ERUV It was moved by Councilmember Resolution 89-06 Friedman, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-06 entitled "A resolution authorizing the establishment of an ERUV in the City of St. Louis Park." The motion passed 6-0. 8c. Minor amendment: Miracle Mile Minor amendment to a special permit: 5003-5425 Excelsior Blvd. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-07 entitled "A resolution rescinding Resolution 85-225 adopted on December 16, 1985, rescinding Resolution 84-10III adopted on January 16, 1984, amending Resolution 7326 adopted September 20, 1982, amending Resolution 7216 adopted September 7, 1982 amending Resolution No. 6559 adopted May 19, 1980 and granting special permit under Section 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to allow a Class IV restaurant at the Miracle Mile property located in a PUD, planned unit development district, at 5003-5425 Excelsior Blvd. and 4995 Excelsior Blvd." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Minutes of Board of Zoning Appeals meeting Nov. 29, 1988 9b. Planning Commission meeting minutes December 7, 1988 Minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commission No business NEW BUSINESS III lla. Gambling license renewals Councilmember Strand said he had requested this item be removed from the consent agenda for discussion. -6- City Council meeting minutes January 3, 1989 111 He said when he asked the question to the Legion when they were last in over the neighborhood controversy were they willing to cut back the hours of bingo, he felt they didn't take him seriously. He was not happy with that because he believes there is a definite problem there and that the American Legion does owe it to the neighborhood to recognize the problem and further recognize it is caused by the number of hours the hall is open for bingo. He felt the license ought to be denied until the City could have discussion with the Legion regarding its use of that facility for bingo. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to deny the license for charitable gambling to the American Legion Post 282. Councilmember Mitchell felt the issue addressed by Councilmember Strand was valid. He did not know if this was the direction Council wanted to take. He supported his motion because he felt it important to express Council ' s concern. Councilmember Duffy was sympathetic with the motion, but the license application did not indicate any increase in hours. He felt a better approach might be to have the City Attorney investigate what types of limitations can be put on the use of the license Council has given them to operate a bingo hall in the City of St. Louis Park. He felt the problem was they had a license to operate a bingo hall which they are using twice themselves, renting it out to six other charities and other social functions. Is there some way IIIthe license the City has already given them can be limited. Councilmember Strand emphasized he didn't have a problem with the owner of 'the facility using their own facility to benefit the organization. The question is the other uses. He would support a motion by the Council to direct the City Attorney to look at that. Councilmember Friedman asked for clarification. Councilmember Duffy said what was before Council was the American Legion's state license to hold gambling. It has nothing to do with their renting out the hall for other people to hold gambling. Councilmember Friedman wondered if it would not be more appropriate at the time of license renewal to give fair notice, if the Council deems it appropriate, that the next time their license comes up they won't be suprised if they don't get it. The City Attorney raised a procedural question. Looking at the form, he said it stated that unless a resolution of the governing body is passed, can the license be denied. Councilmember Strand withdrew his motion and replaced it with a motion directing staff to prepare a resolution of denial which was seconded by Councilmember Mitchell . IIIThe motion failed 2-4 (Councilmembers Mitchell and Strand in favor; Councilmem- bers Battaglia, Duffy, Friedman and Meland opposed) . -7- City Council meeting minutes January 3, 1989 It was moved by Councilmember Duffy, seconded by Councilmember Friedmam, to review the license status with the bingo usage of the American Legion and what limitations can be put on the license with respect to hours of usage. Councilmember Friedman amended the motion that notice be given to the Legion that this is under consideration and that discussion was held relative to outside uses not being allowed. The motion passed 6-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia to approve the state gambling licenses for the American Legion and Braille Sports Foundation. The motion passed 4-2 (Councilmembers Mitchell and Strand opposed) . MISCELLANEOUS 12a. Claims 1 Michels vs. SLP Ronn Heckter By consent, claims referred to City Clerk and City Manager b. Communications from the Mayor None. c. Communications from City Manager The City Manager referenced letters received from citizens. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated January 3, 1989 in the amount of $287,233. 12 for vendor claims was approved and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts. 13b. Contract payments 1 . Partial : Veit Construction, pond expansion/surcharge. Amount: $90,023.93 By consent, motion to approve and authorize payment. 14. Adjournment It was moved by Councilmember Strand, seconded by Councilmember Duffy to adjourn the meeting at 8: 16 p.m. 1(6h 41A4119t GV Adex, Recording Secretary — --8-