Loading...
HomeMy WebLinkAbout1989/06/19 - ADMIN - Minutes - City Council - Regular , MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 19, 1989 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations None. 3. Roll call The following Council members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Jane Tschida Lyle Hanks Also present were the City Attorney, Director of Public Works, and Director of Community Development. III 4. Approval of minutes It was moved by Councilmember Meland, seconded by Councilmember Friedman, to approve the minutes of the June 5, 1989 Council meeting with the following corrections: pg. 97, third paragraph, motion was made by Councilmember Friedman; item 9b, second line should read ". . .and more efficient and cheaper than contracting it out." The motion to approve the minutes as amended passed 4-0. (Councilmembers Battaglia, Duffy and Mitchell abstained. ) It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to approve the minutes of the June 12, 1989 long-range planning meeting. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to approve the consent agenda for June 19, 1989 with the following items removed to the consent agenda: 8f, 8g, lla, and llc. The motion passed 7-0. IIIIt was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the agenda for June 19, 1989. The motion passed 7-0. -100- . City. Council meeting minutes June 19, 1989 PUBLIC HEARINGS III 6a. Alley paving 3000 block between Georgia Resolution 89-81 and Hampshire Avenues 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 Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-81 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 89-26, alley paving." The motion passed 7-0. 6b. Alley paving Project 89-29: 5900 block from `Resolution 89-82 Zarthan to Alabama Ave. between Cambridge and Goodrich Al Engen, 5900 Cambridge, spoke in favor of the alley. 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. III It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 89-82 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 89-29, alley paving." The motion passed 5-2 (Mayor Hanks, Councilmember Tschida opposed) . 6c. Variance Front yard setback at 3844 Resolution 89-83 Huntington Ave. Mary Truesdell , applicant, addressed Council , to explain the circumstances of her variance request. She was requesting that the enclosed porch be allowed to remain and that the gazebo be relocated to the park across the street for the use of the children. Mrs. Truesdell 's neighbor, Les Bock, had no objection to the screened porch, as did Ruby Erkalesian. 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 Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-83 entitled "A resolution granting variance in front yard setback from Sections 14-128(5) and 14-198(4) (A) of ' the ordinance code relating to zoning to permit a front yard setback of 33 it. instead of the required 40 ft. for property located in the R-1, one family residence district, at 3844 Huntington Ave." The motion passed 7-0. 101 i City Council meeting minutes June 19, 1989 111 Councilmember Friedman asked the applicant if she understood that should staff find the little house in an unsafe condition that it would not be put in the park. She said she did. 6d. Variance Parking setback, 6801 Wayzata Blvd. 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. Councilmember Battaglia asked if the intent of the variance was that the parking would abut the frontage road with no setback. The Director of Community Development said parking would go right up to the right-of-way line. Councilmember Battaglia noted there was ample parking in the back and asked if he was seeking this strictly for convenience because it was a retail facility. It was noted there will be sod on the City's right-of-way. Also, the option for reorientation of the building had been suggested to the applicant, but the extent of his investigation of that option was unknown. Mayor Hanks asked if there had been an assessment of the properties along the road and is Council perhaps setting a precedent re setbacks along the IIIroad. In other words, are property owners going to be coming to the City seeking variances. Mayor Hanks suggested staff look at the situation now that it is known where the roadway is going to run. He said he would not care to see staggered setbacks along the frontage road. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to continue the matter to July 10, 1989. The motion passed 7-0. 6e. 104-unit apartment building Request for special permit for 104-unit apartment building at 6013, 6019, 6025 and 6101 Cedar Lake Road (Darrel Farr) Mayor Hanks noted a petition opposing the proposed project had been distributed to Council that evening. John Klick, architect for the project, gave a presentation on the proposed 104-unit apartment building. The following individuals spoke in opposition to the project: Terry Kisling, 1648 Blackstone; Mark Newman, 1677 Bruncwick; Judy Millard, 1653 Blackstone; IIIJ. Futcher, 1670 Brunswick; Rick Cohen, 6000 Minnetonka Blvd. ; and Bill Rodriguez, Bernice Nieman, Brunswick Ave.)Ruby Erkalesian. -102- • • City Council meeting minutes June 19, 1989 Among the concerns expressed were the already severe traffic congestion would be made worse; the inappropriateness of such lar ue structure in a residential tneighborhood; additions noise in a quiet neighborho f children are allowed in he project, where are they to play and how are they to get across Cedar Lake Rd. to a neighborhood park; loss of open space; access to the wetland area where a serious grass fire occurred in 1988; removal of mature trees, and in general the negative impact on the entire neighborhood. 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 where the 400 ft. of useable open space per unit was coming from. The Director of Community Planning referred to staff's report wherein 23,367 ft. is landscaped area around the building, 9,600 is balconies, 9,400, is open space and 40,000 sq. ft. of marshland. Councilmember Battaglia asked if the City had done traffic studies on Cedar Lake Rd. The Director of Public Works said the most recent count taken on Cedar Lake Rd. occurred in May 1989 from 5-6:00 p.m. showing 2100 vehicles. Relative to ratio of units to the acre, it was determined this project's ratio was 33 which is categorized as high density development. Mayor Hanks asked if any other development ,in the City had a similar high ratio. Specific information was not available. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, III to authorize preparation of a resolution of denial with findings based on the traffic intensification and density of the proposed project. Councilmember Tschida asked Mr. Farr is there had been any give and take with the neighborhood. He responded there had not been a formal meeting. Mayor Hanks wondered what impact the increased traffic would have on 1-394. The City Manager said the project would definitely impact on the general traffic in the whole area umbrellaed by the 1-394 overlay ordinance. Councilmember Mitchell said Council seemed to be saying this type of project is permissible under the zoning ordinance, but that we don't want it. He felt it might be an indictment of the City's planning process. He noted the developer had followed all the rules. Should the developer pursue legal means, he felt he probably had a good argument. The City Manager felt this night' s discussion might prompt dialogue between the developer and the neighborhood. He felt the neighborhood should know that the project is not philosophically inconsistent with the zoning. Councilmember Friedman noted zoning is not etched in stone, that neighborhoods always have the right to evaluate what its Council has done. He noted that the Planning Commission had studied this issue in depth and unanimously opposed it. He also felt, referring to staff's report, that there remained unanswered questions. Mayor Hanks encouraged dialogue between the developer and neighborhood, that the scale of the project and traffic issues be addressed. Councilmember Tschida moved to defer action until the neighborhood and developer get together to try to work out a lowering of density or a plan acceptable to both -103- City Council meeting minutes June 19, 1989 III the developer and neighborhood. Councilmember Mitchell seconded for discussion. Councilmember Battaglia wanted a clear signal to be sent that the project was too dense -- he didn't want the project as proposed to come back to Council . He was concerned the alternative motion gave a mixed signal . In response to a comment from Mayor Hanks relative to special permits in the diversified development zoning, the City Attorney said there are benchmarks within the City' s zoning and land use planning which the Council can look to in governing its decision. The substitute motion failed 2-5. Councilmember Mitchell asked the City Attorney what discretion was allowed as far as the D00 is concerned. The City Attorney said in exercising discretion, the Council does look to the Comprehensive Plan re issues of traffic, open spaces and impact on adjacent areas. A court, when and if reviewing this, would look to the basic land use concepts of the City beginning with the Compre- hensive Plan to judge whether or not the Council 's actions as reflected in a resolution of denial are arbitrary, capricious or are supported by existing land use policies judged by the discretion afforded Council . The original motion passed 7-0. III -104— PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 111 8a. Renaming Decatur Ave. Second reading of an ordinance Ordinance No. 1T93-89 renaming a portion of Decatur Ave. to Phillips Parkway It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive reading and adopt Ordinance No. 1793-89 entitled "An ordinance renaming a portion of Decatur Ave. "Phillips Parkway." The motion passed 7-0. 8b. Open storage yard Resolution of denial for open Resolution g9=8r' storage yard, 7204 W. 27th St. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 89-84 entitled "A resolution of findings regarding the application of Robert V. Johnson for an amendment to Section 14-161 of the St. Louis Park ordinance code relating to zoning to permit open storage as a use allowed by special permit in the B-3 business district." The motion passed 7-0. 8c. Wave Car Wash Minor amendment to a special permit The architect for the car wash addressed Council to explain why they were asking for a minor amendment. He said that the landscaping as specified in their special permit was not possible due to the necessity of having fuel transport trucks coming onto the property and the tight turning ratios involved. They were offering to relocate the trees in order to provide the screening of the facility. Councilmember Mitchell asked if there had been dialogue between the applicant and staff. The Director of Community Development said discussions had been held and staff had informed the car wash that the purpose of screening with trees along Hwy. 7 was to screen from view the overhead doors of the car wash. It was their feeling that intent was not accomplished with the revised landscaping. A representative from Wave Car Wash felt there were a couple of workable solutions to get the doors shielded from view: work with the State to get trees planted along the highway; plant addition trees on each end of the building were two suggestions. Councilmember Friedman asked if the applicant had been asked to do the impossible and if not, what more was involved than redoing the curb line and putting in adequate space for the trees as required in the special permit. The architect stated the City's insistence on placement of a fire hydrant on the site, impinges on the driveway which to some extent makes an impossible situation. -105- The City Manager felt it was difficult to negotiate modifications to a special permit at the Council table. He felt if the matter were directed back to staff, some progress could be made. He believed the appropriate action first was denial of the request. IIIIt was moved by Councilmember Meland, seconded by Councilmember Battaglia, to authorize preparation of a resolution of denial . The motion passed 7-0. 8d. Plastics ban First reading of an ordinance It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to waive first reading, set second reading for July 10 and authorize summary publication. Councilmember Friedman encouraged the City's participation in the AMM task force to study a plastics ordinance in its effort to come up with a unified ordinance. He felt it important that a better method of packaging be found so that the environment not be destroyed. He felt passage of the ordinance would send a strong message that the City is very concerned about plastics pollution. Councilmember Duffy said he would vote against the ordinance believing the only effective way to control the problem of plastic food packaging was at the State or at least metropolitan level . He advocated the City's participation in the AMM task force study. He did not think it justified to pass this ordinance just to get the word out. Councilmember Friedman viewed the ordinance as a safety net for the community IIIshould nothing come out of the AMM study. At that point he would be fully supportive of the ordinance going into effect. Councilmember Battaglia asked the City Attorney about the potential for the ordinance being challenged in court. The City Attorney said legislation had recently been considered, but did not pass, which would have prohibited plastic packaging on a city-by-city basis. He felt an important element in the City's proposed ordinance states that if there is no available packaging which is environmentally acceptable, then the ordinance would not go into effect. Also he felt the City's participation in the AMM task force study was important in re the legal enforceability of the proposed ordinance. Councilmember Mitchell viewed putting the ordinance in place now, even though not effective until July of 1990, to be a sort of prodding or positioning in the event nothing develops out of the Legislature or the AMM study. He was in support of its passage. Mayor Hanks said he would support the motion as it gives a message the City supports the AMM in its task force study. Down the road, he would only support a ban if it were metropolitan-area wide, not St. Louis Park going it alone. The motion passed 6-1 (Councilmember Duffy opposed) . 8e. Signage Amendment to zoring ordinance re large size signs on multi-story buildings -106- It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to waive first reading, set second reading for July 10, 1989 and authorize summary publication. Councilmember Battaglia reiterated his feelings that taller buildings don't 111 necessarily need larger signs. He noted the lack of signage on tall buildings in downtown Minneapolis as well as some taller buildings in the western suburbs The motion passed 5-2 (Councilmembers Battaglia and Tschida opposed) . 8f. Perkins Restaurant Request for time extension The City Manager referenced a memo from the Director of Inspections reporting that Perkins had been closed that day for a variety of health-related reasons. He was suggesting that this matter be deferred until the restaurant was back in proper operating condition. Greg Corstead, an attorney representing Perkins, addressed Council saying he was not aware of the memo from inspections. He wanted to advise the Council that a sale of the facility is pending. Certain environmental matters were being resolved, but he was unable to speak to the code issues. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to defer the item to July 10. Councilmember Friedman asked how the request for time extension tied into the code violations. The City Attorney said as he understood it some of the health code violations were tied to the storage of trash, and it was the construction of a trash enclosure for which they were seeking the extension. Councilmember Friedman felt Perkins had not lived up to the conditions of its special permit, they have not kept the trash area clean, they have not sold the property. He didn't see any reason not to deny their request as it seemed they did not intend to build a trash enclosure but rather sell the property. . Councilmember Mitchell asked if there were some legal consideration of which Council was not aware. The City Attorney responded it was at the discretion of Council as to whether or not the enclosed trash container should be built. He said if that condition of the special permit is not met by the specified date, there is a cashier's check posted to ensure compliance, and the matter would return to Council about whether or not they want to exercise that performance security. Councilmember Friedman asked if Council took no action tonight, then Perkins must comply with the special permit by July 1 . The City Attorney said that was correct. Councilmember Battaglia said he asked for deferral so Perkins could respond to the health code violations, especially as no representative from Perkins has had an opportunity to see the memo. Councilmember Mitchell could not support a deferral of the matter. He cited the health code violations, commenting this was a flaunting of the restaurants basic responsibility to the community. -107- Councilmember Duffy concurred feeling that Perkins had no intention of operating, its facility as a restaurant for the short time before it is sold. He said it was one thing to extend the special permit conditions to assist them in their redevelopment of the site. But in the meantime, if its customers face that type of maintenance, it was unsupportive. Councilmembers Battaglia and Meland withdrew the motion and second. 8g. 4th of July fireworks Granting temporary use of City property Resolution 89-85 Councilmember Friedman wondered if the $200,000 liability insurance was sufficient. The City Attorney was not aware of the policy limits of the VFW. He said the City could request general liability insurance in a maximum amount but not less than $200,000. He reminded Council that the resolution indemnifies the City from any claims for damage. Councilmember Friedman did ask that in the future these sorts of events requiring insurance policies be closely looked at. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 89-85 entitled "Resolution granting temporary use of City property." The motion passed 7-0. 8h. Revenue bonds Minneapolis Federation of Jewish Resolution 89-86 Services Marcia Cohotos, Miller and Schroeder, was available to answer questions. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-86 entitled "Resolution providing for the giving of notice of a public hearing on a proposed project for the Minneapolis Federation for Jewish Service and the issuance of nursing home revenue bonds therefor." The motion passed 7-0. REPORTS FROM BOARDS, COMMITTEES AND OFFICERS 9a. 1-394 task force Joint task force for 1-394 overlay zoning district ordinance It was moved by Councilmember Meland, seconded by Councilmember Tschida, that Councilmembers Bruce Battaglia and Larry Mitchell be appointed to the 1-394 task force. The motion passed 7-0. 9b. Alley paving Project 89-31 : Alley paving east of Alabama Ave. between W. 37th and II/ W. 38th St. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to approve the project, direct staff to conduct a neighborhood meeting and set public hearing for July 17. -108- The motion passed 7-0. , 9c. Parking lot on public property Request to construct a parking lot on public property between 6414 and 6425 Oxford St. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to direct execution of an agreement to construct and maintain a parking lot on public property and accept access easement across 6414 Oxford St. The motion passed 7-0. 9d. Nortel Cable Request of Nortel Cable for waiver of permit fees for street openings during cable system rebuild It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve waiver of permit fees during Nortel Cable's rebuild of the St. Louis Park system. Councilmember Friedman did not understand the rationale for the requested waiver and asked for a response from the City Attorney. The City Attorney responded that special legal counsel had been retained during the franchise negotiations and he was not able to respond from a legal position. Mayor Hanks was concerned about guarantees that the areas to be dug up would be restored to their original condition. Bob Larson, staff liaison, said Nortel would be making openings on the boulevard and rewiring under the streets without digging in the streets. —-- The motion passed 6-1 (Councilmember Friedman opposed) . / Councilmember Duffy left the chambers. 9e. City Hall remodeling It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to authorize purchase of replacement furniture and remodeling of 2nd and 3rd floors of City Hall , said expenditures to be made through the Municipal Building Fund and that staff be directed to provide for the necessary departmental budget transfers. The motion passed 5-1 (Councilmember Friedman opposed) . 9f. Planning Commission minutes May 17 9g. Park and Recreation Commission minutes May 10 9h. May 1989 financial report 9i . Board of Zoning Appeals minutes May 25, 1989 Minutes and report ordered filed by consent. UNFINISHED BUSINESS -109- 10a. Boards and commissions Mayor Hanks asked that the openings on the Cable Commission, Human Rights 11/ Commission and Police Civil Service Commission be advertised. lOb. Building maintenance staffing Central Building Maintenance Department staffing levels It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to increase the complement of the Central Building Maintenance Department staff by one employee to be designated as Maintenance II. Councilmember Friedman questioned if custodian personnel did electrical/plumbing/ heating work and were not licenses required for those latter areas. The Director of Public Works said electrical work was finaled through the Inspections Department and a permit was required. Also electrical work was overseen by an electrical contractor. Plumbing and mechanical systems require less stringent certification and therefore the work can be done by the City's maintenance crew. He said the City's maintenance department does both maintenance as well as custodial work. Councilmember Friedman did feel custodial services could be provided efficiently and at reduced cost by an outside service. The motion passed 5-1 (Councilmember Friedman opposed) . NEW BUSINESS lla. Humane Society Gambling license application Rick Cohen said he was philosophically opposed to gambling and was wondering what legal principles were involved in approving a gambling request. Also, he didnit understand how there could be conflicting motions, i .e. to approve or to reject, on the consent agenda. The City Attorney responded that under State law, a permit is approved if it is not denied by a city within 60 days. On the agenda, staff provides Council with alternative actions, and the fact they both appear is merely to provide Council with an alternative. Mayor Hanks added that if anyone wished to challenge a consent item, they have the prerogative to remove it to the regular agenda. Councilmember Meland recalled that a charitable gambling license request some years ago was denied based on a police background investigation of the manager of the charity. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the application and waive the 60-day waiting period. The motion passed 6-0. llb. Raffle Ronald McDonald House By consent, motion to approve and waive 60-day waiting period. -110- a 11c.-Resolutions and ordinances Waiver of reading of resolutions and ordinances on agenda In response to a question from Councilmember Friedman, the City Attorney said that upon review of the City Charter, Section 3.04, it came to his attention that "absent unanimity, every resolution and ordinance should be read in its entirety." This agenda item recommends the City Council-separate the motion to waive reading, i .e. reading a resolution or ordinance in its entirety, from the other motions which are to approve first reading and authorize summary publication. Each resolution and ordinance will still appear as separate agenda items for Council 's consideration under Section 8. Resolutions and Ordinances of the regular agenda. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to accept the report. The motion passed 6-0. lld. Bid tabulation 1989 sealcoat materials By consent, motion to designate Richards Asphalt and Dresser Trap Rock as the lowest responsible bidders and authorize execution of contracts with those firms in the amounts of $39,460 and-$36,000, respectively. MISCELLANEOUS 12a. Damage claims Sunset Ridge Business Park Owners Illinois Fixtures and Wood Products By consent, motion to refer to City Clerk and City Manager. 12b. Communications from the Mayor Mayor Hanks noted Councilmember Mitchell 's desire to attend two National League of Cities conferences. He was in support of Councilmembers attending conferences of interest to them. 12c. Communications from City Manager The City , Manager introduced Tere Schaeffer who will be working as an Administrative Intern in the City Manager's office for the summer. The City Manager reminded those present that the Economic Development Authority and Council meeting regularly scheduled for July 3 will be held on July 10. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated June 19, 1989 was approved and the City Manager and City Treasurer authorized to issue checks in the amount of $354,669.18 for vendor claims and $16,992.78 for payroll claims. 14. Adjournment The meeting adjourned at 10:28 p.m. J� ,� Ma;i•r R ording Secretary ( "111"