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HomeMy WebLinkAbout1990/11/19 - ADMIN - Minutes - City Council - Regular (2) i . 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 19, 1990 1. Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations - None. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and 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 Tschida, seconded by Councilmember Haun, to approve the minutes of the November 5, 1990 Council meeting. The motion passed 5-0-2 (Councilmembers Friedman and Mitchell abstained) . It was moved by Councilmember Haun, seconded by Councilmember Meland, to approve the minutes of the long-range planning session of November 12, 1990. The motion passed 5-0-2 (Councilmembers Tschida, i 1( ,;11, and Battaglia abstained) . 5. Approval of the agenda It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the consent agenda with the removal of items 9h. Police retirement/ Pera and llc. Children's Heart Fund gambling license to the regular agenda. The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the agenda with the addition of lOb. Single family licensing. The motion passed 7-0. PUBLIC HEARINGS 6a. Amendment to Comprehensive Plan Preliminary remarks were made by the City Manager Community Development Director Dave Hagen briefly discussed the staff memo before Council . Many residents of the Birchwood neighborhood were present to express their opposition to any zoning change in that neighborhood: Among those speaking were Phil Gronseth, 2716 Vernon Ave. ; Dale Hanson, 2555 Xenwood Ave. ; Barbara Weingarden, 2554 Xenwood; Gloria Murman, 2623 Yosemite; Al Neimark, 2554 Webster; Ken Dubbe, 2550 Webster; Alicia Ellis, 2747 Yosemite Ave. and Dale Anderson, 2700 Vernon. -181- City Council meeting minutes November 19, 1990 Councilmember Friedman said he had received many calls and had attended the neighborhood meeting. The feeling of the residents of Birchwood was leave our neighborhood the way it is. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, that the Birchwood neighborhood be exempt for any zoning changes and Comprehen- sive Plan and that it remain as it is today. Mayor Hanks alluded to the 40 ft. lots, about which he was concerned, and asked if it was Councilmember Friedman's intent that staff look at this. Councilmember Friedman requested that added to his motion be direction to the City Attorney to review the manner in which the ordinance could be changed so that if a property is destroyed more than 60%, the property owner could rebuild on the property. Mayor Hanks noted a petition with some 300+ signatures in opposition to any zoning or Comprehensive Plan changes had been received. 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. The motion passed 7-0. After further discussion, it was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve adoption of items 1 , 2, 4 and 5 of staff's report. The motion passed 7-0. The Director of Community Development noted that action was still required on item 3, to wit a Comprehensive Plan change that in a sense is a downgrading- in the amount of homes that can be put in an area. Councilmember Friedman, as well as other councilmembers, felt quite confused as to what was being proposed. He felt a color coded map illustrating the designations would be necessary before he had a clear understanding of staff's proposal . Councilmember Mitchell felt if the Birchwood neighborhood issue were put aside, the proposed zoning is a result of Council 's direction to staff, in effect an attempt to downsize certain zoning areas in the City. Councilmember Battaglia recalled that the end result was to get the zoning ordinance as close to the Comprehensive Plan as possible, to avoid conflicts between the two. Councilmember Tschida felt it would be a good idea to send this item back to a study session so everyone could be totally understanding of what staff was proposing. The Birchwood neighborhood would remain exempt from any zoning change. -182- City Council meeting minutes November 19, 1990 It was moved by Councilmember Mitchell to send item 3 to a study session and reschedule for a Council meeting thereafter. Councilmember Friedman seconded. Councilmember Haun felt a color coding was necessary so Council could understand the proposed new numbering system. The City Manager concurred with statements that the original Comp Plan had been passed a number of years ago, thus perhaps the confusion. He suggested Council might want to approve points 1 , 2, 4 and 5 and refocus on item 3 at a study session and bring it back in timely fashion to a Council meeting. The motion to send item 3 back to a study session passed 7-0. 6b. Calvary Temple Evangelistic Request to vacate a portion of Old Minnetonka Blvd. west of Independence Ave. and east of State Hwy. 169 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 approve first reading, set second for December 3, 1990 and authorize summary publication. , The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS , None. RESOLUTIONS AND ORDINANCES 8a. Liquor license investigation Second reading of ordinance amending Ordinance No. 1841-90 liquor license investigation procedure related to publicly-held corporations The City Attorney indicated an amended ordinance was before Council which clarified the language re state of incorporation and also clarifying that the ordinance addresses publicly traded companies on a nationally recognized stock exchange to avoid any confusion. Councilmember Friedman asked why information about a person's net worth was relevant to the City. The City Manager said this was a long-standing administrative practice of the City to have such information on corporate officers of those holding liquor licenses. Earlier this year a complaint was received that this 111 information was not relevant. The City Attorney and he therefore had prepared an ordinance amendment making it stronger than an administrative decision. In answer to Councilmember Friedman' s question, the Mayor pointed out that the Council had asked this. He recalled that some individuals coming before the Council for liquor license approval were questionable as to the financial wherewithall to support a business. -183- City Council meeting minutes November 19, 1990 Councilmember Friedman failed to see the differentiation between liquor license holders and this information being necessary and other publicly traded lic holders. He would like to see every applicant treated alike. Councilmember Meland commented that Council was looking at the difference between a corporation that was organized specifically to undertake a restaur- ant business requiring a liquor license and those organized for other activities. Also they were looking at officials of corporations whose terms in office are rather short-lived at the level -- perhaps 5-10 years at the most. Councilmember Meland wanted it made clear that the Police Department continues to run background checks on all applicants and that the final judgment on an applicant' s potential success resides with Council after the public hearing. The motion passed 6-1 (Councilmember Friedman opposed) . 8b. Roller skating rinks Anne Pendleton, 3237 Alabama Ave. , Ordinance 1842-90 spoke in opposition to the ordinance extending hours. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Ordinance 1842-90 entitled "An ordinance amending the St. Louis Park Municipal Code related to roller skating rink hours of operation, curfew and permission for extended hours: Section 13-465(2) and (3) ." III The motion passed 5-2 (Councilmembers Friedman and Mitchell opposed) . 8c. Fire suppression system First floor, City Hall Resolution 90-167 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 90-167 entitled "Resolution accepting the City Engineer' s report, establishing Project No. 90-83, approving plans and specifications and ordering the project and accepting the bid of National Automatic Sprinkler Company." Councilmember Friedman wanted it noted that this project was dictated by the state Fire Marshal . The motion passed 7-0. 8d. Kleinman Realty Minor amendment to remodel existing Resolution 90-168, 90-168a building entry and add overhang canopy/ lighting at 400-420 Ford Rd. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 90-168 entitled "A resolution granting special permit under Section 14-146 of the St. Louis Park Ordinance Code relating to zoning to permit a 125 unit apartment building and canopy extension for property zoned R-B, Residential Business District, located at 400-420 111 Ford Rd." and Resolution 90-168a entitled "A resolution rescinding Resolution 7385 adopted on May 16, 1983 and granting special permit under Sections 14-195(1 ) of the St. Louis Park Ordinance Code relating to zoning to allow a commercial and a residential development for property located in the B-2, General Business District, and R-B, Residentialo Business District, in Shelard Park." -184- City Council meeting minutes • November 19, 1990 111 The motion passed 7-0. 8e. Rogers Petroleum Resolution supporting appeal Resolution 90-169 of Rogers Petroleum for incidental car wash Tom Williams felt the language in the resolution was unduly restrictive. He was asking that the Council adopt the resolution with the amended language he had provided to it. He addressed the outstanding issues of drainage, refuse storage, site lighting, signage, shed placement, leased land to the east, and the issue of gas purchase vis a vis use of car wash. It appeared to him that the landscape issue was no longer an issue. The Director of Community Development addressed the issues: allowing non-gas p u r c h- asers to use the car wash undermines the incidental nature of the car wash; proposed relocation of the accessory structure would place it in the setback and would require a variance; refuse storage should comply with appropriate ordinances; the present sign ordinance requires that directional signage be included in the overall sign calculations; staff is not able to locate the lighting plan; if they can make the site work without the leased land to the east, staff has no problem with the condition be deleted. Councilmember Friedman did not want to see impediments placed in front of businesses an residentin the City. He was perplexed why nitpicking was going un this evening on this issue. Councilmember Haun spoke for fairness and consistency, noting there is a car wash in the City not adhering to the drainage matters such as being required from Rogers, as well as purchase of gas as a requirement for car washing. Councilmember Battaglia felt Council should make its intent clear on each issue and make the resolution contingent upon the City Attorney providing the precise language to reflect Council 's intent. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 90-169 entitled "Resolution of findings regarding the request of Rogers Petroleum for an interpretation of Sections 14-104(77) and 14-156(5) of the zoning ordinance relative to an incidental car wash located, in the B-2, General Business District, at 5420-5430 Minnetonka Blvd." The motion passed 6-1 (Councilmember Mitchell opposed) . 8f. Rogers Petroleum: Minor amendment Resolution 90-170 The following decisions were made relative to the special permit: delete b (only gas purchasers may use the car wash) ; d. re drainage, shall be 111 consistent with the requirements of the Code specified in the incidental ; e. landscaping - delete; f. storage shed - cannot be relocated without a special permit and shall be located inside; h. directional signage - shall be dealt with consistent with the sign ordinance; i . lighting plan is not an issue as specifications shall be provided to staff; and j. re State-leased land to be deleted as the facility can handle the turning radius with use of that land. -185- City Council meeting minutes November 19, 1990 It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve the special permits as amended by the City Attorney and adopt III Resolution 90-170 entitled "A resolution rescinding Resolution 88-50 adopted on May 16, 1988 and granting special permit under Section 14-156 of the St. Louis Park Ordinance Code relating to zoning to allow an incidental car wash and the continuation of a motor fuel station, retail store and non-self-service automotive service center located in the B-2, General Business District, at 5420-5430 Minnetonka Blvd." The motion passed 6-1 (Councilmember Mitchell opposed) . 8g. U-Save Self Storage Purchase of right-of-way easements Resolution 90-171 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 90-171 entitled "Resolution authorizing purchase of ' temporary construction easements and permanent slope easement for the State Hwy. 7/Louisiana Ave. project." The motion passed 6-1 (Councilmember Friedman opposed) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. EDA compensation Proposed increase It was moved by Councilmember Mitchell , seconded by Councilmember Meland, III to approve the increase as specified. The motion passed 5-2 (Councilmember Friedman, Mayor Hanks opposed) . 9b. 1-394 sign heights Request of Board of Zoning Appeals Len Thiel spoke on behalf of the owner of the Amoco station who is looking for a variance since his facility can hardly be seen because of the construct- ion. However, realizing a variance could take from 2-3 months, he decided to address Council this evening. They were looking for some kind of a timetable when they could expect some relief if Council were so inclined. He felt it would be helpful if someone like his client could approach staff, BOZA or Council directly whenever a situation such as he was experiencing came up.. . Councilmember Mitchell thought staff could be directed to research this and come back in two weeks or so. Mayor Hanks felt the appropriate way to proceed was for requests to go directly to Planning for review. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to refer the matter to the Planning Commission with direction to return to Council as quickly as possible. 111 The motion passed 7-0. -186- City Council meeting minutes November 19, 1990 111 Councilmember Meland felt it might be worthwhile to look at the problem both short and long-term. 9c. Kunz Oil Company Groundwater contamination abatement It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to authorize execution of the agreement. The motion passed 7-0. 9d. Municipal Well No. 4 Neighborhood meeting minutes By consent, minutes received for filing. 9e. Single family home licensing Comment from Housing Authority By consent, comment received for filing. 9f. Housing Authority minutes Oct. 9 9g. October financial report By consent, 9f and 9g ordered filed. 9h. Police retirement Consolidation with PERA At Councilmember Friedman' s request, the City Manager briefly discussed this item. The Director of Finance said it was a benefit to the City overall to go with the consolidation. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to set the public hearing for Dec. 17, 1990. The motion passed 7-0. UNFINISHED BUSINESS 10a. Boards and commissions It was the consensus of Council to put off interviewing until after Jan. 1 , 1991 . Councilmember Battaglia said he was aware of other cities wherein they interview all available candidates once yearly for all commissions, rank the individuals and keep an active list. He asked that staff look at a similar procedure and start in January interviewing all interested candidates for all commissions. lOb. Housing inspection report Councilmember Friedman referenced the pre- contract inspection and certificate program. -187- City Council meeting minutes November 19, 1990 There were several items he wanted to address: He found restricting the ordinance III to 2-5 inspectors frustrating. He thought using more inspectors made it easier for everyone; rather than a 12-month experiment, he would prefer to have the program reviewed in 12 months; he did not feel that any additional ' staff would be required - on the contrary, staff response would be lessened; he felt, as far as qualifying was concerned, that if the inspectors had passed the Minneapolis test that would suffice for City inspections; he wanted to have a check list procedure instituted wherein it was handed out to those needing inspections and all on the list must be complied with to be followed up by an inspection. It was moved by Councilmember Friedman that anyone wishing to apply for inspector be allowed to do so provided all requirements the City stipulates are met; that the program be reviewed after 12 months. The motion was seconded by Councilmember Mitchell . Councilmember Battaglia asked for staff comment on the issue of unlimited inspectors. The City Manager was not troubled by that particularly in view of the fact the program will be reviewed in 12 months. The motion passed 6-1 (Mayor Hanks opposed) . NEW BUSINESS lla. Benilde St. Margaret's Application to conduct raffle on Jan. III 7, 1991 By consent, application approved. lib. SLP Hockey Assoc. Application for license to sell pulltabs Resolution 90-172 at Texa Tonka Lanes It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 90-172 entitled "Resolution of the St. Louis Park City Council denying issueance of a premises permit for the conduct of lawful gambling." Councilmember %land wanted noted that this was not prejudicial against the organiza- tion. The motion passed 7-0. llc. Children' s Heart Fund Application for renewal of pulltab Resolution 90-173 (Red Coach) licenses at Gippers and Red Coach Resolution 90-174 (Gippers) Councilmember Friedman asked this be removed from the consent agenda because he felt all gambling applications should be on the regular agenda. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve Resolutions 90-173 and 90-174 entitled "Resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Red Coach)" and 90-174 for Gippers. III The motion passed 5-2 (Councilmembers Mitchell and Friedman opposed) . . -188- City Council meeting minutes November 19, 1990 ' IIIlld. Rec Center fee schedule 1991 ice arena rental fees It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to adopt the proposed rate schedule. The motion passed 7-) . lle. WHEEC residences Use of City-owned residences It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to to direct staff to proceed with option 3 and direct staff to report back at the January study session. The motion passed 7-0. llf. Community Education Joint Powers Agreement Councilmembers Mitchell , Battaglia and Haun offered to serve on the committee to review the Joint Powers Agreement with Community Education llg. Community Education funding - 1990 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to authorize expenditure to Community Education of the funds as were budgeted III for in 1990. Councilmember Mitchell was concerned about fund expenditure for 1991 . He decided to make the appropriate motion at the Nov. 20 public hearing on the budget/tax levy. The motion passed 7-0. MISCELLANEOUS 12a. Damage claims Rodney Stickney By consent, claim referred to City Clerk and City Manager 12b. Communications from Mayor None. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims approved and payment authorized in the following amounts: Verified claims: $515,884.06; payroll claims: $19,525.36. 14. Adjournment It was moved by Councilmember Meland, seconded by Councilmember Haun, to adjourn the meeting at 10:50 p.m. III • /04 �l0 I1(2 Mayo/ or.ing Secretar 74451)fl 189-