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HomeMy WebLinkAbout1989/07/10 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 10, 1989 1 . Call to order Mayor Lyle Hanks called the meeting to order at 7:35 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 Tschide Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works, and Director of Community Development. 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the minutes of the June 19, 1989 meeting with the addition of the Council member's name in item 4. The motion passed 7-0. 5. Approval of agenda It was moved by Council member Tschida, seconded by Council • member Duffy, to approve the consent agenda for July 10, 1989. The motion passed 7-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the agenda for July 17, 1989. The motion passed 7-0. PUBLIC HEARINGS 6a. Dow Jones liquor license Application for a liquor license: Dow Jones, Interchange Office Tower, 600 •Hwy. 169 The applicant was present to answer questions. 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 Duffy, seconded by Councilmember Meland, to approve the application. The motion passed 7-0. -112- 6b. Glass One Request for variance of parking setback at 6801 Wayzata Blvd. Jim McKinnon, Glass One, was available to answer questions. Councilmember Battaglia asked that without approval of the variance, would they still have adequate parking. Mr. McKinnon said there was not adequate parking according to the existing code. They have always had parking in front with the consent of MnDOT. With I-394, there are going to loose 12 spaces in front. 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 Battaglia again voiced his concern that every property owner along I-394 would be coming in for variances. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, that the variance be denied and direct staff to prepare such a resolution. The motion passed 6-0-1 (Councilmember Friedman abstained) . 6c. Townhouse development Request for special permit for a 6-unit townhome development at 4211 and 4221 Sunset Blvd. and 2915-2919 Joppa Ave. As Councilmember Friedman was listing agent for one of the affected property owners, he absented himself from this item to avoid any appearance of conflict. Mayor Hanks asked Mr. Bell to give his presentation first as Council had not seen the development except in writing. • Mr. Bell proceeded with his presentation. A number of residents addressed__Council _to -urge—denial -of-.the-proposed project: Al Lieberman, 4210 Sunset Blvd. ; Richard Goodkind, 4123 Sunset Blvd. ; Morton Cohen, 2848 Glenhurst; Max Donath, 4200 Sunset Blvd. and Jerry Hoffman of Treasure Island. Mark Lamoreaux, 4212 Minnetonka Blvd. spoke in favor of the proposed project. The residents questioned compliance with the Comprehensive Plan and with the sections of the cluster home code provisions pertaining to the superiority of cluster homes in this location and the proposed density of this development. There being no one —further--wi-s-h-i-ng—to- speak, —the —Mayor closedtlhe -bearing with the right of Council to thereafter reopen and continue it at a future date. Councilmember Mitchell asked the City Attorney given the zoning and Comprehensive Plan considerations, what is the City's position should it be approved or denied. The City Attorney responded the Council has discretion in the consideration of a special permit. Unlike its discretion in zoning, it is considered quasi- judicial by the courts, i .e. the Council must consider and apply the facts in the record before it because any decision will be closely scrutinized. Under the R-1 zoning, cluster housing is permissible under certain sets of -113- City Council meeting minutes July 10, 1989 conditions. It was staff's view that this project meets those conditions. In the final analysis, Council must have a factual basis based upon the record of both the staff report and other matters presented to it to justify denial . In the event of granting, it would be an appealable decision but courts give broad discretion to elected officials. Mayor Hanks noted a dotted line on the plat between lots 2 and 3. He wondered if the two lots were in joint ownership and consequently not meet the City's new division of property lines. The Director of Community Development said the two lots were owned by one person. Mayor Hanks said that would make just two actual lots on Sunset Blvd. had been legally combined, The City Attorney said it would appear the Mayor maybe correct. If the lots/ the City would have a good argument that irrespective of rezoning or grandfathering, there are in reality two buildable lots. Mayor Hanks referenced the letter attached to staff' s report in which five townhome units are requested and now its become six. The Director of Community Development said there was a discrepancy between the application and what was now being requested and that six was correct. Mayor Hanks felt there were really two lots to build on with part of one sold off to the neighbor. He felt it just could not accommodate what was planned. He also noted the concerns of Treasure Island re trucks backing out onto Inglewood. Councilmember Duffy felt the lots were better suited for single family dwellings. Councilmember Battaglia said that even though clustering fell under uthezoni ngcronditions, he didn't think that met the intent of the zoning and that the integrity of the neighborhood must be preserved. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to authorize preparation of a resolution of denial with findings. The motion passed 6-0. 6d. Holy Trinity Church signage Request for special permit for Resolution 89-87 sign at 3946 Wooddale Ernie Tursich, 4017 Wooddale, had no objection to the sign. 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 Battaglia, seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-87 entitled "A resolution granting special permit under Section 14-185.04(6) (b) of the St. Louis Park ordinance code relating to zoning to permit construction of a sign for property zoned R-2 single family residence district located at 3946 Wooddale Ave." The motion passed 7-0. -114- City Council meeting minutes July 10, 1989 6e. Vacation: Utility easement 3929 Lynn Ave. 111 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 Tschida, to set second reading for July 17, 1989 and authorize summary publication The motion passed 7-0. 6f. Minneapolis Jewish Services Nursing home bonds Resolution 89-88 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue the hearing at a later date. • It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 89-88 entitled "Resolution giving prelimin- ary approval to a proposed project for the Minneapolis Federation for Jewish Service and giving preliminary approval to the issuance of nursing home revenue bonds therefor." PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Liquor licensing First reading of ordinance amending the municipal code related to - liquor licensing Councilmember Meland noted a number of items in the proposed ordinance were optional which may affect both on and off-sale liquor licenses. He felt it should be deferred until the City Clerk and Chief of Police hold a meeting with affected establishments to determine their feelings on the optional items and explain what the mandatory items are. This was so moved by Councilmember Meland, seconded by Councilmember Battaglia, to defer the item to September 5, 1989. The motion passed 7-0. 8b. Massage ordinance First reading of ordinance Jim Traver, 220 Lowry Ave. , president of the Minnesota Therapeutic Massage Network and president of the Minneapolis School of Massage, addressed Council . He requested that under Educational Requirements, Section 13-1149(1 ) (a) to read: Any locally or nationally recognized massage organizations pre-approved by the City Council . He said there are too many organizations to limit it to just one. The City Manager said the Police Department was very sensitive to this item and would be counseled with prior to July 17, 1989 and second reading. -115- City Council meeting minutes July 10, 1989 III It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve the ordinance, set second reading for July 17, 1989 and authorize summary publication and to hold a meeting with interested parties re the Section in contention. The motion passed 7-0. 8c. Plastic packaging Second reading of ordinance Ordinance No. 1794-89 It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to approve and adopt Ordinance No. 1794-89 entitled "Ordinance amending Chapter 3 of the St. Louis Park Ordinance Code relating to garbage collection by adding new Sections 9-310 through 9-320 relating to environmental preservation: Environmentally acceptable packaging." The motion passed 6-1 (Councilmember Duffy opposed) . 8d. Larger signs on multi-story buildings Second reading of ordinance Ordinance No. 1795-89 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to adopt Ordinance No. 1795-89 entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14-185.08: Sign Ordinance." IIIThe motion passed 5-2 (Councilmembers Battaglia and Tschida opposed) . 8e. Wave Car Wash Resolution of denial It was moved by Councilmember Meland, seconded by Councilmember Battaglia, ' to waive reading and adopt Resolution 89-89 entitled "A resolution of findings regarding the application of Page Three Inc. for an amendment to an existing special permit under Sections 14-156(5) and 14. 124.100(2) of the St. Louis Park Ordinance Code relating to zoning to amend the original landscape plan for property located in the B-2, general business district, and F-2, floodplain district, at 8650 Hwy. 7." The motion passed 7-0. 8f. Farr development Resolution of denial Mayor Hanks read a letter from Farr requesting a deferral of this matter until a neighborhood meeting is held. Peter Beck, 7900 Xerxes Ave. , was present representing the developer. They asked for deferral in order to meet with the neighborhood in an effort to identify what the neighborhood perceives to be issues and problems relative to the project, see if there is anything that can be done to address those III issues, and determine whether there should be an effort to keep the project alive. The following neighborhood residents again spoke in opposition to the proposed project: Gary Berscheid, 1604 Blackstone; Terry Kisling, 1648 Blackstone; Judy Millard, 1653 Blackstone; Bill Rodriguez, 1660 Brunswick; and Mark Newman, 1677 Brunswick. All residents noted there had been three weeks between City -116- City Council meeting minute July 10, 1989 Council meetings, but they had received no notification of a neighborhood meeting until last Friday or even that day. Now that a final vote is beingIII called for, the developer is suggesing a neighborhood meeting. It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to adopt resolution of denial . Councilmember Battaglia asked if there were any intent to make changes to the plan as a result of discussions with the neighborhood. Mr. Beck said all aspects of the proposal will be open for discussion with the residents to see if there are specific issues that can be addressed. Mayor Hanks said in his reading of the neighborhood and the Council the project is simply too large for the site and is never going to work. He said he would not have a problem with the special permit being denied and after a neighborhood meeting if a new special permit is to be applied for that the fees be waived. He was fully aware that something was going in there as Mr. Farr does own the property. Councilmember Mitchell concurred that starting fresh was the way to proceed and to start with the neighborhood to try to elicit its support for whatever it is they may propose. Councilmember Tschida would not support the motion as she had told Mr. Farr she believed there could be some meeting of the mind, that there should beIII a deferral . The motion passed 6-1 (Councilmember Tschida opposed) . 8g. Bunny's Minor amendment to a special • Resolution 89-91 permit It was moved by Councilmember Meland, seconded by Councilmember Duffy, to adopt Resolution 89-91 entitled "A resolution rescinding Resolution 88-49 adopted on May 16, 1988 and granting special permit under Section 14-124.101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow a Class I restaurant at 4730 Excelsior Blvd." The motion passed 7-0. 8h. Freemans, Inc. Minor amendment to a special Resolution 89-92 permit It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to adopt Resolution 89-92 entitled "A resolution rescinding Resolution 85-82 adopted on June 17, 1985 and 85-128 adopted on September 3, 1985 granting special permit under Section 14-195 of the St. Louis Park Ordinance Code relating to zoning, to allow construction of a curb cut at 30 Nathan Lane and 9900 Shelard Pkwy." The motion passed 7-0. -117- City Council meeting minutes July 10, 1989 8i . Monterey Park Request for minor amendment to Resolution 89-93 a special permit It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to adopt Resolution 89-93 entitled "A resolution rescinding Resolution 14-124. 101 adopted on Oct. 30, 1986 and granting special permit under Section 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to allow the constructio of 20 townhouse units at 2900-2940 Monterey Ave. So." The motion passed 7-0. 8j. Traffic study 404 Parking restrictions on Texas Resolution 89-94 Ave. from W. 36th to T.H. 7 By consent, adoption of Resolution 89-94 entitled "Resolution prohibiting parking on Texas Ave. between T.H. 7 and W. 36th St." 8k. Traffic study 405 Parking restrictions at Louisiana Resolution 89-95 Ave./Oxford St. By consent, adoption of Resolution 89-95 entitled "Resolution prohibiting parking along Oxford St. , a distance of 90 ft. east and west of its intersection with Louisiana Ave." 81 . Methodist Hospital Minor amendment to special permit It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-96 entitled "A resolution rescinding Resolution 89-72 adopted on June 5, 1989, rescinding Resolution 87-45 adopted on April 20, 1987, rescinding Resolution No. 86-173 adopted Oct. 20, 1986, rescinding Resolution No. 86-63 adopted May 19, 1986, rescinding Resolution No. 7445 . adopted August 15, 1983, rescinding Resolution No. 7254 adopted October 4, 1982 and granting special permit under Sections 14-123. 100(2) and 14-141 (3), of the St. Louis Park Ordinance Code relating to zoning to allow the construct- ion of two additions to the existing building having a total square footage of 2,770 at 6500 Excelsior Blvd." The motion passed 7-0. 8m. Administrative amendments First reading of ordinance changing administrative section of Municipal Code It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve amendments, set second reading for July 17, 1989 and authorize summary publication. The motion passed 7-0. 8n. American Legion Minor amendment to a special permit It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to authorize preparation of a resolution of approval . -118- City Council meeting minutes July 10, 1989 In response to a question, the City Manager said the Public Works Department is desirous of having a curb constructed because of their concerns about sheet drainage. The requirement for a curb was not on the original application; however, was was approved called for the curbing. Councilmember Duffy said the Legion' s drawings to the City showed a guard rail and it was their understanding that was what was approved. Mayor Hanks asked if the guard rail were in place. The Public Works Director said it was and in order to put the curb in, the guard rail would have to be removed. Mayor Hanks asked if the guard rail weren't safer than a curb and gutter. The Director agreed that the guard rail was safer. Councilmember Battaglia did not see the rationale for tearing out the guard rail to put in curb and gutter unless it were absolutely necessary from a safety factor or public good. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to authorize preparation of a resolution of approval . The motion passed 7-0. 80. 3036 Louisiana Reacquisition of home It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the ordinance, set second reading for July 17, 1989 and authorize summary publication. The motion passed 7-0. • The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. MHFA deferred rehab loan program- By consent, motion to adopt resolution Resolution 89-97 89-97 entitled "Resolution authorizing application for MHFA deferred loan program funds. 9b. City Engineer's report Project 87-12, Louisiana Ave. sidewalk Resolution 89-98 from Oxford St. to Louisiana Circle It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Resolution 89-98 entitled "Resolution accepting City Engineer's report, approving plans and ordering Project No. 87-12." The motion passed 7-0. 9c. City Engineer's report Project 89-04, Louisiana Ave./W. Resolution 89-99 26th St. parking bays It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-99 entitled "Resolution accepting City Engineer's report, approving plans and ordering Project No. 89-04." The motion passed 7-0. City Council meeting minutes July 10, 1989 111 9d. City Engineer's report Project 89-33, St. Peter aquifer Resolution 89-100 pumpout well construction It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 89-100 entitled "Resolution accepting City Engineer's report, ordering project No. 89-33, approving project specifications, authorizing receipt of bids and authorizing amendment to City Contract No. 1890 with ENSR Consulting and Engineering." The motion passed 7-0. 9e. Neighborhood reading Request for neighborhood meeting: Louisiana Ave. , Cedar Lake Rd. to Minnetonka By consent, motion to authorize neighborhood meeting. 9f. Planning Commission minutes June 7 9g. Housing Authority minutes May 9 9h. Charter Commission minutes June 13 9i . Park and Recreation minutes June 14 By consent, minutes ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions (`)It was moved by Councilmember Meland, seconded by Councilmember Friedman, to accept the resignation of Charlotte Kafitz from the Board of Zoning Appeals. The motion passed 7-0. (!01t was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to appoint Jim McDonough to the Human Rights Commission. The motion passed 7-0. Interviews for openings on boards and commissions were set for July 24. NEW BUSINESS lla. Gambling license renewals By consent, motion to approve gambling license applications from the Exchange Club and Hearing Society. lib. Pipe line crossing Burlington Northern Railroad It was moved by Councilmember Meland, seconded by Councilmember Duffy, to authorize Mayor and City Manager to sign a lease or easement on behalf of the City subject to the approval of the City Attorney as to form. The motion passed 7-0. - -120- City Council meeting minutes July 10, 1989 MISCELLANEOUS 12a. Damage claims Kurt Meintsma Nasby survivors vs. City Stuart Borken By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor None. 12c. Communications from City Manager The City Manager read a short budget message. It was decided Council would hold its first budget review session on July 20 at 6:00 p.m. and thereafter on Monday, July 24. It was decided that the Truth in Taxation schedule would be followed. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified claims prepared by the Director of Finance dated July 10 in the amount of $589,534.76 for vendor claims and $31 ,033.67 for payroll claims be approved and the City Manager and City Treasurer be authorized to distribute checks in the appropriate amounts. 13b. Contract payments o1 • 1 . Partial payment: "Bury and Carlson, Texas Ave. construction. Amount: $50,345.72 2. Partial payment: Killmer Electric, tr ffic control systems and intersection improvement. Amount: $28,073.41 WU By consent, motion to approve and authorize payment 14. Adjournment The meeting adjourned at 10:28 p.m. 11ay,/ et )k (\.)\kh Recd‘Rec . n Sec � 9 . Y • -121-