Loading...
HomeMy WebLinkAbout1989/10/02 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA III October 2, 1989 1 , Call to order The Mayor called the meeting to order at 7:30 p.m. , 2. Presentations None. 3. Roll call The following _ Council members were present at roll call : Bruce Battaglia Larry Mitchell Allen Friedman Jane Tschida Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development, City Assessor and MIS Coordinator. 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the minutes of the September 18, 1989 City Council meeting. The motion passed 4-0-2 (Councilmembers Friedman and Mitchell abstained) . 5. Approval of agenda It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to approve the consent agenda for October 2, 1989. The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the agenda for October 2, 1989. The motion passed 6-0. PUBLIC HEARINGS 6a. PDQ Stores Request for special permit to allow a convenience store with self-service 4 gas at 4617 Excelsior Blvd. Chet Harrison addressed Council to explain the project. He said they were prepared to shield the lights which had brought forth neighborhood complaints. Ten-foot trees instead of the proposed five feet will be planted to further buffer the property line. Councilmember Battaglia asked if PDQ had looked at relocating without the gas pumps. Mr. Archer, store manager, said they would not relocate unless --- they could provide the gas island. The following neighborhood residents spoke against the proposal : Maureen III Dougherty, 4620 Vallacher; Mary Brown, 4624 Vallacher; Cindy Codcamp, Manager of the Lang-Nelson Building; Judy Noid, 4615 Vallacher; Russell Shack, Manager of Amoco station; Robert Reinhardt, 4713 Vallacher; Jackie Larson, corner of Vallacher/Natchez; Bill Seestrom, 4712 Vallacher. Their concerns included reduction in property values; the traffic impact; loss of integrity of the -164- City Council meeting minutes October 2, 1989 neighborhood; pole lights shining 24-hours and into their yards; question 111 of the need for two gas stations practically next to each other; gas fumes. 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 was very concerned about the integrity of the neighborhood. He was not against development, PDQ or anyone else. He was not saying there might not be other development in that area, but that he felt the proposed development was not proper. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to authorize preparation of a resolution of denial with findings. Councilmember Meland, referencing staff's report, said the recommendation was to approve the special permit with conditions. He asked if there were any reason to believe this proposal was in conflict with any City plan. The Director said there are arguments that could be made that there is conflict with the Excelsior Blvd. plan. The City Attorney concurred noting definition of limited commercial which is the nature of the designation of this parcel . Also there was a reference in the plan to open spaces as well as architectural control items. The motion passed 6-0. 6b. Assessment hearing Project 88-21 : Sidewalk on west Resolution 89-145 side of Natchez between W. 40th and W. 41st St. There being no one 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 Battaglia, to waive reading and adopt Resolution 89-145 entitled "Resolution adopting assessment improvement No. 88-21 , sidewalk reconstruction." The motion passed 5-0 (Councilmember Tschida absent from chambers) . 6c. Assessment hearing Project 88-06: Paving, curb, eso u ion - gutter on Texas Ave. , T.H. 7 to W. 36th St. Dennis Schmidt, Minneapolis, owner of the apartment building at Texas and W. 36th St. , spoke to oppose the assessment. He said his property taxes have increased 50% in five years and that he certainly has not increased his rents by 50% in that same period of time. It was his contention his tenants do not benefit in any way from the improvement. 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. -165- City Council meeting minutes October 2, 1989 111 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-146 entitled "Resolution adopting assessment improvement No. 88-06, paving, curb, gutter sidewalks, driveway aprons, signals and landscaping" with the removal of the sidewalk assessment. It was his understanding that the sidewalk was meant to hook into the City's trail system, thereby benefitting the entire City. Councilmember Friedman asked what was the purpose of the project and are there any other sidewalks along Texas Ave. The Director of Public Works said the major focus of the project was the reconstruction of Texas which was in poor condition and to upgrade the roadway to four lanes, two in each direction. He said there is sidewalk along Texas Ave. on the west side going all the way up to Minnetonka and from 33rd to Minnetonka on the east side. Councilmember Friedman did not believe the upgrading was at the request of the residents and apartment tenants or because of their use of the roadway. The Director responded he would agree -- it was an old section of roadway, well beyond 20 years. Councilmember Friedman had a problem wherein there are properties that are primarily residential - both rented and owner-occupied - that are not causing deterioration of roadways. In this instance the deterioration was caused 111 by the Mall , the intersection of 37th/Texas. He had a real problem with residents being assessed for these types of projects which they have not caused. The motion passed 5-1 (Councilmember Friedman opposed) . 6d. Assessment hearing Project 86-11 : Stormwater detention Resolution 89-147 facility expansion, South Oak Pond, W. Lake St./Taft Ave. Babe Goldon was present to request deferrment of the assessment to the Goldon property until the property was sold. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-147 entitled "Resolution adopting assessment Improvement No. 86-11 , South Oak Pond stormwater detention fi t expansion" with the assessment to 3717 Hampshire and 7003 W. Lake St aka, said properties are sold. The Director of Public Works briefly explained the assessment. The motion passed 6-0. -166- 6e. Project 87-09 Improvement hearing: Hwy. 7/Belt Line Blvd. intersection improvements There being no one wishing to speak, the Mayor closed the hearing with 111 the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the project. Councilmember Friedman asked if the project had grown in intensity from what was originally planned. The Director said it had grown, but not beyond what Mr. Dahlquist had comprehended. He had asked that the right turn lane be lengthened to facilitate his employees leaving. Councilmember remained opposed to this project noting the project was completed some 4-5 years ago and now sums were to be expended to go in and make improvements. Councilmember Tschida felt no more improvements should be made until an overall plan for Hwy. 7 was in place. The motion failed 4-2 (Councilmembers Friedman and Tschida opposed) . 6f. Vacation Request for ordinance to vacate a portion of Phillips Parkway There being no one wishing to speak, the Mayor closed the hearing with = the right of Council to thereafter reopen and continue it at a future date. III It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to reject. The Director of Community Development said staff did not feel creating an island in the center of a cul-de-sac was a good idea, might set precedent for other similar vacations and a lot would be created which would not be buildable under private ownership. Councilmember Friedman understood the property was really private except for the streets, and that nothing else would ever be built there except additions to the Federation's campus. Councilmember Mitchell withdrew his motion. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve set second reading for October 16 and authorize summary publication. The motion passed 6-0. 6g. Sandoz Nutrition Request for zoning text amendment for loading docks in DDD at 5320 W. 23rd St. III There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -167- It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to approve the amendment, set second reading for October 16 and authorize summary publication. Councilmember Friedman asked for clarification as to why Council was being asked to do this. The Director of Community Development said it was staff's feeling that screening around loading area docks from the street should be adequate to protect adjacent residences. Councilmember Friedman said this did not seem to be a step forward zoning-wise and he was opposed. The motion failed 3-3 (Councilmembers Friedman, Mitchell and Tschida opposed) . yd 61 Preliminary plat Golden First Addition (Robert Larsen Partners Kelly Dorn, Robert Larsen Partners, addressed Council . He showed a drawing illustrating the proposed project. Len Thiel asked how the Kennel-Aire property would be affected should the preliminary plat be approved. The City Attorney said there were several conditions in the resolution approving the preliminary plat in an attempt to ensure that the Council ' s action in approving the preliminary plat did not commit the Council or EDA to a future course of action. He asked Mr. Doran if he had seen a copy of the revised resolution and understood that the conditions contained therein reserved the right to the City and EDA complete discretion to not proceed with condemnation and to add addition conditions to the final plat should the parcels be assembled. Mr. Doran said they clearly understood them. Councilmember Tschida felt it premature to make a decision on either 6h or 6i until the agreement with the developer is drawn up. It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to continue items 6h and 6i until the development agreement has been developed. The Mayor asked if the public hearing had to be continued to a certain date. The City Attorney responded that there are certain statutory requirements by which a City must act on a preliminary plat or it is deemed approved and he would suggest Council might want to make it a date certain. It was suggested by Councilmember Meland that the items be continued to November 6, 1989 and if necessary could be continued at that time. This was agreeable to the maker and second. The motion passed 6-0. -168- 6k, 61 . MEPC It was moved by Councilmember Meland, seconded by Councilmember Friedman III to continue both items to October 16, 1989. III The motion passed 6-0. 6m. Recycling/redemption center Request for amendment to existing Resolution 89-148 special permit for a redemption/re- cycling center at 5105 W. 35th St. There being no one 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 Battaglia, seconded by Councilmember Tschida, to waive reading and adopt Resolution 89-148 entitled "Resolution rescinding Resolution 88-79 adopted on July 5, 1988 and reinstating and amending resolution No. 7318 adopted on January 17, 1983 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow a redemption recycling center at 5105 W. 35th St." Councilmember Friedman wondered about traffic congestion. Dave Locey, Minnesota Recycling Resources, said some 30-40 cars come by per day just to drop materials off and a trailer comes twice weekly to collect all the materials. He said there would be no congestion. The motion passed 6-0. 6n, 6o. Advertising benches The City Attorney distributed III to the Council amendments on which staff and U.S. Bench agreed. Also provided to Council was a document containing four amendments which reflect the areas of disagreement between staff and U.S. Bench. Mayor Hanks asked if this was going to become part of the sign ordinance or would it be a bench ordinance. The City Attorney said the first eight pages establish a courtesy bench licensing ordinance which will become part of the City's licensing code. The final page will amend the sign ordinance to remove courtesy benches which are placed in compliance with the courtesy bench licensing procedures from the sign ordinance. Rollie Danielson and Len Thiel addressed Council and spoke of the areas still not in agreement. Mayor Hanks felt Council had to address the issue of whether the City is going to get in or out of the bench business. It was his preference to get out. Councilmember Mitchell reiterated his position in that he considers benches mini billboards. He did sense Council support for the benches for variousIII reasons. He noted very few were in the R-1 through R-3, that most of them were in heavily traveled areas. He thought it inappropriate for the benches to be allowed in R-1 through R-3 districts. He said the issues of disagreement as being: what is the initial fee and renewal fee? zoning - should they be allowed in residential districts or not? distance from curb - should it be 3 feet or not? signs on back of benches - becomes an issue only if -169- they are allowed in R-1 through R-3; entitlement of renewal - an issue raised by U.S. Bench for Council to decide. Fred Muchler, 5701 W. Lake St. , addressed Council . He thanked the City and 111 U.S. Bench for the expeditious removal of a bench from his property. He hoped any remaining benches in residential districts would also be removed at the option of the property owners upon whose property they may currently sit. Martha Everett, employee of U.S. Bench, stated that benches in R-1 through R-3 districts were placed by request of senior citizens and the handicapped. 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 to approve the ordinance prepared by staff, authorize summary publication and give direction in the following five areas: Fee $35; renewal $25; that benches not be allowed in R-1 through R-3 districts; that the distance from a curb by 36"; that category four re signs on backs and sides is irrelevant based on benches not being allowed in R-1 through R-3 districts; and that there not be any entitlement. The motion died for lack of a second. Councilmember Battaglia moved approval of staff's ordinance, set second reading for October 16 and authorize summary publication and then take the five amendments one by one. Councilmember Meland seconded. III It was moved by Councilmember Meland that Section 13-741 (2) (3) be deleted and revisions before Council be substituted except that the permit fee shall be $35 and renewal fee $15. The motion died for lack of a second. Councilmember Mitchell moved the same changing the renewal fee to $25. Council- member Battaglia seconded. Councilmember Battaglia asked what it cost staff to do a renewal . The City Manager said it is estimated to be higher than $25 and referenced the memo from the Inspections Dept. The motion ($35 for permit fee and $25 for renewal ) passed 5-1 (Mayor Hanks opposed) . It was moved by Councilmember Meland, seconded by Councilmember Friedman, that Section 13-741 (9) of the proposed ordinance be deleted and substitute: "The applicant shall have the right of renewal provided that the applicant conforms and complies with all provisions of the courtesy bench ordinance." Councilmember Mitchell asked the City Attorney what was the advantage of this provision, that it wasn't in the Plymouth ordinance and it was something ill requested by U.S. Bench. The City Attorney said his office opposes this amendment because it could be argued to create a compensable right to the benches such that should the City wish to remove the benches for whatever reason, the City would have to condemn them. 170 Councilmember Battaglia asked if Council denies renewal , is there an appeal process. The City Manager said yes and briefly outlined the appeal process. Councilmembers Meland and Friedman withdrew their motions. Mayor Hanks asked why a license would not be renewed. The City Manager responded 111 for a number of reasons: a bench not maintained, the City chooses to place a shelter on the spot. In answer to a question from Councilmember Mitchell , the City Attorney said the issue of zoning (not allowed in R-1 thru R-3) was addressed in staff's ordinance in that they were prohibited. Councilmember Battaglia moved and Councilmember Meland seconded, that Section 13-743(1 ) (2) of the ordinance be deleted. Councilmember Mitchell said this was crucial because it would now open up all residential areas - they could be put anywhere. The motion failed (Battaglia, Meland, Hanks in favor; Friedman, Mitchell , Tschida opposed) . It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, that signs shall be permitted on both sides of a courtesy bench back rest in all zoning districts with the exception of R-1 thru R-3. Councilmember Mitchell said this was relevant only if benches are allowed in R-1 thru R-3. Mr. Pires, staff liaison, said in zoning districts where benches are allowed, signs are proposed to be on one side only and that this was an amendment in disagreement with U.S. Bench. The motion passed 6-0. Mayor Hanks asked for clarification of the main motion. The City Attorney said the motion was to approve first reading, authorize summary publication, prepare the amendments as discussed and set second reading for October 16, 1989. Mayor Hanks hoped Council would plan on Oct. 16 to discuss the City's role in re ad benches, either stay in the bench business or get out. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Cable franchise By consent, adopt Ordinance No. Ordinance 1805-89 1805-89 entitled "An ordinance amending the St. Louis Park ordinance code relating to the operation of a Cable Communications System in St. Louis Park adding Section 9-715(4) , "Institutional Network." 8b. Purchase of granular activated carbon Resolution 89-155 By consent, adoption of Resolu- tion 89-155 entitled "Resolution authorizing purchase of granular activated carbon from Calgon Carbon Corp. as a sole source." -171- 8c. Shelly's Woodroast Minor amendment Resolution 89-149 By consent, adopt Resolution 89-149 entitled "A resolution rescinding Resolution 89-104 adopted on July 17, 1989 and granting special permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow a Class I restaurant at 6501 Wayzata Blvd." 8d. Retail parking Second reading of ordinance Ordinance No. 1806-89 By consent, adopt ordinance No. 1806-89 entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14-187(4) (w) ." 8e. .KK Corp Minor amendment to special permit Resolution 89-150 Louise Segreto, KK Corp. , addressed Council . She was still awaiting a signed easement from Cineplex, owners of the Cooper Theatre. She urged the passage of the resolution so in the event Cineplex does not grant the easement, KK can proceed to build the trash facility as previously approved by staff. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 89-150 entitled "A resolution rescinding Resolution 89-18 adopted on Feb. 6, 1989 and granting special permit under Section 14-124(2) (a) of the St. Louis Park Ordinance Code relating to zoning to allow operation of a Class IV restaurant at 5601-5625 Wayzata Blvd." subject to the building permit being withheld pending receipt of the executed access agreement. The motion passed 5-1 (Mayor Hanks opposed) . 8f. Assessments for delinquencies Resolution levying assessment Resolution 89-151 for delinquent water/refuse accounts, false alarms, tree removal and weed cutting By consent, adopt Resolution 89-151 entitled "Resolution levying assessment for delinquent water/sewer/refuse charges, nuisance abatements, false alarm fees and tree removal ." 8g. Time extension Time extension for special permit: Resolution 89-152 Curt Anderson, 7825 Wayzata Blvd. By consent, motion to adopt Resolution 89-152 entitled "A resolution rescinding Resolution 89-20 adopted on Feb. 21 , 1989 granting special permit under Section 14-141 (7) of the St. Louis Park Ordinance Code relating to zoning to allow an office use for property zoned R-4, multiple family residence district, located at 7825 Wayzata Blvd." 86 Election judges Resolution 89-153 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-153 entitled "A resolution designating -172- • polling places and naming election judges for November 7, 1989 City general election." The motion passed 6-0. III REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Northside Park Rotary proposal By consent, direct Director of Parks and Recreation to meet with Rotary representatives to establish terms and conditions for funding agreement to be presented to Council . 9b. Final EIS: MEPC Resolution 89-154 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to waive reading and adopt Resolution 89-154 entitled "A resolution finding the final Environmental Impact Statement for the Minneapolis West Business Center project adequate pursuant to Minnesota Statutes Chapter 116D.04 2a(g) ." The motion passed 6-0. 9c. Non-conforming billboards Report on zoning ordinance It was moved by Councilmember Meland to table; Councilmember Tschida III seconded. Councilmember Mitchell said if the item were tabled it cannot be discussed. Councilmember Tschida withdrew her second. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to defer pending final action on ordinance making billboards non-conforming. The motion passed 6-0. 9d. Report from BOZA Amendment to zoning ordinance re- garding rear yard and side yard setback requirements It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to refer to the Planning Commission for study. The motion passed 6-0. 9e. Disposition of City land Lot 11 , Block 1 , Wooddale It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to find public need and retain the property. The motion passed 6-0. III 9f. Disposition of City land 3354 Zarthan It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to deed land to the State and authorize sale subject to retention of drainage and utility easements. -173- The motion passed 6-0. • • 9g. Peninsula Industries 111 The City Attorney said the applicant's attorney and himself reached agreement earlier that day and Council was being requested to act on that new agreement this evening. The point of disagreement had been that portion of the land immediately adjacent to Wooddale. Rather than litigate ownership at this point in time, under the agreement the City would allow Peninsula Industries to use that portion for its parking lot while reserving the right down the road -- should it need the parcel for public use -- to assert its right to that public use and have the disagreement at that point in time. It was moved by Councilmember Friedman, seconded by Councilmember Tschida to authorize execution of the new agreement. The motion passed 6-0. 9h. Comp Plan amendment Amendment request to change open space to low density residen- tial at 2715 Monterey It was moved by Councilmember Tschida, seconded by Councilmember Friedman, to direct staff to prepare a resolution of denial of request to change the Comprehensive Plan. The motion passed 6-0. 11/ 9i . Housing Authority minutes August 8, 1989 9j. Planning Commission minutes Sept. 6, 1989 9k. Board of Zoning Appeals minutes August 24, 1989 91 . Park and Recreation Commission minutes Sept. 16, 1989 Items 9i thru 91 ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was the consensus the one new applicant to the Planning Commission by called in for an interview. NEW BUSINESS lla. Council agenda format By consent, motion to implement proposed agenda format MISCELLANEOUS 12a. Damage claims Penney vs. SLP Bryan Gwiazdon By consent, claims referred to City Clerk and City Manager -174- 12b. Communications from Mayor None. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Claims By consent, motion to approve the list of verified claims prepared by the Director of of Finance dated October 2, 1989 in the amount of $695.379.93 for vendor claims and $17,846.80 for payroll claims, and that the City Manager and City Treasurer be authorized to distribute checks in the appropriate amounts. b. Contract payments \0\0N 1 . Final payment: David Volkmann, sand/salt storage facility. Amount: $2,545.00 By consent, motion to adopt Resolution No. 89-156 entitled "Resolution accepting work on construction of a sand/salt storage facility." ik2. Partial payment: J. P. Norex, street improvements. Amount: $54,159.81 . By consent, motion to approve and authorize payment 14. Adjournment The meeting adjourned at 10:50 p.m. • I 10. /104--pn.4.-• Ma 960,1 11// ecording Secretary -175-