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HomeMy WebLinkAbout1990/01/16 - ADMIN - Minutes - City Council - Regular MINUTES III CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 16, 1990 1. Call to order Mayor Hanks called the meeting to order• at 7:30 p.m. 2. Presentations A Certificate of Appreciation was read on behalf of departing Naturalist Pat Jostad. 3. Roll call, The following Councilmembers were present at roll call : George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Director of Community Develop- ment (Mr. Hagen), Director of Public Works (Mr. Grube), and the Police Chief (Mr. Mitchell ) . 4. Approval of minutes 111 Jan. 2, 1990 meeting - It was moved by Councilmember Meland, seconded by Council- member Haun, to approve the minutes of the Jan. 2, 1990 meeting. The motion passed 5-0 (Councilmembers Mitchell and Mayor Hanks abstained). Jan. 8 Long-range Planning Session - It was moved by Councilmember Tschida, seconded by Councilmember Mitchell, to approve the minutes of the Jan. 8, 1990 Long-range Planning session with the following correction: Councilmember Mitchell has asked for a schematic of Cedar Lake Road, not Louisiana Ave. The motion passed 5-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda Consent agenda - It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the consent agenda. The motion passed 6-0. Regular agenda - It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the evening's agenda. The motion passed 6-0. -- PUBLIC HEARINGS 6a. Request of Yale Karsh Amendment to Comprehensive Plan to change property from low density residential to commercial at 9441-9445 Minnetonka Blvd. IIIMartin Campion, 2955 Independence Ave. So. , Jeff Petrie, 2901 Independence Ave. , Harry Nilsson, 9406 Minnetonka Blvd. all spoke in opposition to the request . They wanted their residential neighborhood to stay residential . Bernard Herman, architect for Mr. Karsh, addressed Council . He said it was -7- City Council meeting minutes January 16, 1990 highly questionable as to whether the property was suited for single-family development. He said they were proposing a small , residential-style structure. He said land use was the question, not the architecture of the proposed building which would be entirely neighborhood compatible. 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 Meland gave a brief history of the property. It was moved by Councilmember Meland, seconded by Councilmember Mitchell, to authorize preparation of a resolution of denial with findings. The motion passed 6-0. 6b. Minneapolis Golf Club Request for special permit to allow for Resolution 90-5 construction of parking lot at Minneapolis Golf Club The following members of the audience addressed the Council on this issue: Ed Christensen, 1830 Flag; Tom Dupont, 1841 Independence Ave.; Max Fallen, 8715 Westmoreland; Stanley Barton, 9301 W. Franklin Ave. ; Dianne Lefty, 9011 Westmoreland Ln. ; Bruce Blumenthal , 8817 Westmoreland Ln.; and Don Grove, ' 9021 Westmoreland Ln. The residents remained divided on the merits of the parking lot construction. Don Grove presented a detailed plan for the parking lot and landscaping as prepared by a professional designer. Bob Vadding, President of the Board of Governors of the Minneapolis Golf Club, addressed Council . He said a reduction in parking spaces will still leave parking short for its employees. The proposed 7:00 a.m. opening for the lot would not accommodate those employees who arrive between 6 and 6:30 a.m. Also the density of the proposed landscaping would probably quadruple the money required to accomplish it. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a later date. Tom Wurr, Manager of the Minneapolis Golf Club, noted the overhead on display and discussed the parking lot. Councilmember Friedman said a compromise had been reached among the parties. pe did not think it unreasonable for the Club to put in a parking lot for its employees to get some of the cars off the street. All apparently agreed on the need for a paved roadway. He said there was a need for access by large vehicles (emergency) to get onto the premises. He did suggest having room for 32 cars. The City Manager referenced the resolution before Council , noting that in most respects it reflected the compromise between the neighborhoods. With reference to a site plan, the City Attorney suggested the addition of -8- City Council meeting minutes Jan. 16, 1990 111 a condition reading "This resolution shall be effective upon City staff approval of a site plan satisfying the conditions set forth herein." It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , that the neighborhood residents and Club representatives recess to a conference room to see if they could not arrive at a mutual agreement and then return to Chambers prior to the close of the meeting. The motion passed 6-0. Upon return to Chambers, Don Grove presented the compromise acceptable to all parties: boundaries of the parking lot: east of the pool, south of an east/west line on the north side of the current access road; widening of access road to the south; the berming would be from the corner of Kelsey's lot to the far corner of the parking lot and the Club will plant shubbery sufficient to block off access into the back area; the berm will be 5 ft. in length with appropriate shubbery with 6 Blue Spruce to be placed on north side of berm; if slope of road is to be changed, it should be lowered as opposed to raising and proper drainage supplied; parking area can be opened from 6:00-10:00 p.m. during May 15 until Oct. 1 and during the time it is closed, shall be secured by a gate of some fashion. It was moved by Councilmember Friedman, seconded by Councilmember Tschida to adopt Resolution 90-5 incorporating the above changes with a completion date of J Oct. 15, 1990 incorporated. _ The motion passed 6-0. 6c. Signage: Retail uses Request of Robert Larsen Partners to increase amount of signage for retail uses. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to set second reading for Feb. 5, 1990 and authorize summary publication. The motion passed 6-0. 6d. Comprehensive Plan amendment Todd Tiepel , 4105 W. 31st St. , addressed Council . He said the Planning Commission did not support this proposal as the best use of the site and unanimously recommended denial of the proposal . The neighborhood residents and property owners unanimously oppose the proposal and have done so by petition. They were opposed to such a use next to an established residential neighborhood. They were requesting Council to deny the request. IIIThere 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 Haun, seconded by Councilmember Tschida, to authorize preparation of a resolution of denial with findings. The motion passed 6-0. -9- City Council meeting minutes Jan. 16, 1990 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Golf Club: EAW Petition for Environmental Assessment 111 Resolution 90-11 Worksheet for proposed Minneapolis Golf Club parking lot addition It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution No. 90-6 entitled "A resolution finding no need for an environmental assessment worksheet for the parking lot expansion at the Minneapolis Golf Club." The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Insurance Second reading of ordinance amending insurance requirements for licenses and permits Jerry Kaye, Medford Agency, spoke. In the interim, he had visited with City staff and spent an afternoon going over licensing provisions. In some respects, he was pleased with modifications taken by staff; however, there were still areas which he felt needed revision: agents having to carry errors and omission insurance (not a State law); requirement for insurance carriers to be licensed in Minnesota (agents are authorized, not licensed); elimination of the indemni- fication clause as there is no indemnification requirement to anyone (contractual liability takes care of indemnification) ; eliminate the certification form to accompany the Acord certificate. 111 John Simasek, American Risk Services, addressed the Council . He referred to his letter before Council which referenced each of Mr. Kaye's points. Councilmember Mitchell said there was no way he could vote on such technical issues this evening. It was moved by Councilmember Mitchell, seconded by Councilmember Friedman to defer this item to Feb. 5, 1990. Councilmember Friedman said he would like to know how long the City has had the services of American Risk Services and what the background expertise is of the individuals. The motion passed 6-0. 8b. Cigarette vending machines First reading of an ordinance re cigarette vending machines ban The following individuals addressed Council : Tom Compo, 6626 Eliot View Rd. (opposition to the ban); Gene Winstead, 850 Decatur Ave. (vending maching operator, opposed to ban) . Both speakers were in favor of restricting minors from using vending machines by closer monitoring of the machines. However, they were opposed to the inconvenience such a ban would create for adults who choose to smoke. Michael Hindin, 7708 W. 13i St., St. Louis Park, was a concerned resident expressing his support of the ban. -10- City Council meeting minutes Jan. 16, 1990 III Martin Gall , 6913 Thomas Ave. , representing Tyson Vending, spoke in opposition to the ban, and was in total agreement with other speakers' comments relative to minors being prohibited from purchasing cigarettes. Thomas Bryant, attorney for the Coalition for Responsible Vending Sales. He was representing vending machine operators, not the tobacco industry. The Coalition supports ordinance language allowing vending machines in factories, warehouses and similar places to which minors do not gain access; in liquor establishments including taverns, bars and liquor stores; and in other public areas of restaurants and hotels provided that the machines are moved to an area where they can be continually monitored by adult employees. It was moved by Councilmember Mitchell, seconded by Councilmember Meland, to set second reading for Feb. 5, 1990 and authorize summary publication. The motion passed 6-0. 8c. Comp Plan amendments Request of St. Louis Park for time Resolution 90-7 extension from Met Council on deadline of submission of amendments to Comprehensive Plan It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 90-7 entitled "Request for time extension to April 1 , 1990 from Metropolitan Council for submission of the Comprehensive Plan IIIamendments." - The motion passed 6-0. k ' 8d. 6333 37th St. Amended purchase agreement Resolution 90-8 It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 90-8 entitled "Resolution authorizing the purchase of property and amending the purchase agreement for property located at 6333 W. 37th St." The motion passed 6-0. 8e. Purchase of right-of-way State Hwy. 7/Louisiana Ave. Resolution 90-9 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 90-9 entitled "Resolution authorizing purchase of property for the State Highway No. 7 and Louisiana Ave. project." The motion passed 4-2 (Councilmembers Friedman and Tschida opposed) . 9f. Legislative section: Ordinance Code Update IIIIt was moved by Councilmember Mitchell , seconded by Councilmember Haun, to set second reading for Feb. 5, 1990 and authorize summary publication. Councilmember Friedman had a number of questions he requested be addressed -11- City Council meeting minutes January 16, 1990 prior to finalization of this ordinance. Councilmember Mitchell amended his motion to send the item to a study session. III This was agreeable to the second. Councilmember Meland noted the Charter Commission is in the process of updating the Charter and wondered if the proposed changes in the Legislative section were in accord with the changes being proposed for the Charter. The Assistant to the City Manager felt there would not be a conflict, but she would verify same. The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Sandoz Nutrition Report on zoning text amendment as it relates to loading docks in the DDD John Nelson, Sandoz Nutrition, presented its case for the proposed amendment. Councilmember Friedman wanted the ordinance to remain as is, i .e., loading docks to be enclosed to control noise and visual pollution. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to authorize preparation of a resolution of denial with findings. The motion passed 6-0. III 9b. Parking restrictions: Vallacher Follow-up Traffic Study 408 Resolution 90-10 By consent, adopt Resolution 90-10 entitled "Resolution authorizing permit parking restrictions on Vallacher Ave." 9c. Central Community Center parking lot City Engineer's report: Project 90-10 It was the consensus of the Council this project should be put on hold until proposed plans for the updating of the Hwy. 7 corridor are submitted. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to reject the project for now and look at the updating of the Hwy. 7 corridor. The motion passed 6-0. 9d. City Engineer's project 90-11 Paving and grading of right turn Resolution 90-6 lane on south frontage road of TH 7 west of Belt Line Blvd. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 90-06 entitled "Resolution declaring adequacy of petitionIII and accepting City Engineer's report establishing Project 90-11 and setting an improvement hearing for Feb. 20, 1990." The motion passed 5-1 (Councilmember Tschida opposed) . -12- 9e. Solid waste agreement Solid waste management agreement with Hennepin County for funding of the City's recycling program It was moved by Councilmember Meland, seconded by Councilmember Mitchell , 111 to approve the agreement and authorize its execution. The motion passed 6-0. 9f. Police Department studyConsultant selection It was moved by Councilmember Tschida, seconded by Councilmember Haun, to authorize execution of a contract with Carroll Buracker & Assoc. in an amount not to exceed $29,775. The motion passed 6-0. 9g. Housing Authority minutes Dec. 12 9h. Building Construction Codes Commission minutes Nov. 13 By consent, minutes ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks noted the opening on the Human Rights Commission NEW BUSINESS III lla. Gambling license renewals By consent, motion to approve and waive the 30-day waiting period. llb. Bid tabulation One car, 4 trucks By consent, motion to designate Southdale Ford as lowest responsible bidder and authorize execution of a contract for $60,100. MISCELLANEOUS 12a. Damage claims- None. 12b. Communications from Mayor None. 12c. Communications from-City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, list of verified claims approved and City Manager and City Treasurer authorized to distribute checks in the appropriate amount. 14. Adjournment The meeting adjourned at 10:27 p.m. ' ' , Rec rding Sec 'etary Mayor / -13-