Loading...
HomeMy WebLinkAbout1990/11/05 - ADMIN - Minutes - City Council - Regular 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 5, 1990 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations ' Mayor Hanks read a proclamation honoring retiring firefighter Dave Court. He also paraphrased a proclamation setting forth National Young Readers' Day. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, Keith Meland . , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 111 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the minutes of the Council meeting of Oct. 15) 1990. The motion passed 5-0. It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to approve the minutes of the special City Council meeting of Oct. 22, 1990. The motion passed 5-0. It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve the minutes of the Oct. 22, 1990 study session. The motion passed 5-0. It was moved by Councilmember Haun, seconded by Councilmember Meland, to approve the minutes of the Oct. 29 special Council meeting. The motion passed 5-0. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the minutes of the joint Council/School Board meeting held Oct. 29, 1990. The motion passed 5-0. 5. Approval of the agenda III It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve the consent agenda for November 5, 1990. The motion passed 5-0. -173- • City Council meeting minutes Nov. 5, 1990 It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the agenda for Nov. 5 with the addition of 8c. Minor amendment: Monterey Place. The motion passed 5-0. PUBLIC HEARINGS 6a. Enterprise Rent A Car Request for special permit to allow outdoor Resolution 90-156 storage of rental vehicles at 681 Wayzata Blvd. Bernard Herman, 4825 Olson Memorial Hwy. and Patricia Kleinman, 2253 St. Clair, St. Paul , MN spoke in behalf of the request. There being no one further 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 Tschida, seconded by Councilmember Meland, to adopt Resolution 90-156 entitled "A resolution granting special permit under Section 14-156(6) of the Ordinance code relating to zoning to permit outdoor storage of rental vehicles for property zoned B-2 Business District located at 681 Wayzata Blvd." The motion passed 5-0. III 6b. Ira Heilicher Request of Ira Heilicher for a special Resolution 90-157 permit to permit construction of a single family house in the floodplain at 2300 Parklands Rd. 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 adopt Resolution 90-157 entitled "A resolution granting special permit under Section 14-123. 100 of the St. Louis Park ordinance code relating to zoning to permit construction of a single family house for property zoned R-1 , one family residence and F-2 Floodplain Districts located at 2300 Parklands Rd." The motion passed 5-0. 6c. Methodist Hospital Request of Methodist Hospital for an Resolution 90-158 amendment to an existing special permit to allow construction of a bone marrow transplant unit and courtyard infill at 6500 Excelsior Blvd. Paul Green, 3946 Dakota, representing the neighborhood, said they had no problem with this request and offered no objection. There being no one further wishing to speak, the Mayor closed the meeting with III the right of Council to thereafter reopen and continue it at a future date. -174- City Council meeting minutes November 5, 1990 111 It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to adopt Resolution 90-158 entitled "A resolution rescinding Resolution 90-70 adopted on June 4, 1990 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 construction of a bond marrow transplant unit and courtyard infill at 6500 Excelsior Blvd." The motion passed 5-0. 6d. Rogers Petroleum Request of Rogers Petroleum for an appeal of zoning administrator's interpretation of ordinance relating to "incidental car wash" at 5430 Minnetonka Blvd. Thomas Williams, 4725 Excelsior Blvd. , spoke on behalf of his client, Rogers Petroleum and the latter's request for the installation of a one-car wash at its facility. He noted that on appeal of the zoning administrator's denial in front of the Board of Zoning Appeals, the zoning administrator's opinion had been reversed. In response to a question from the Mayor relative to Rogers' special permit being up to date, the City Manager said essentially it was current; however, the landscaping on the site is dead. In response, John Miller, attorney for Rogers, said the landscaping had been redone at least once. The reason for III the landscaping dying is the salt pushed up on the beds during snowplowing. The City Attorney was of the opinion that since historically this operation has operated under a single special permit, perhaps amending the special permit was the most appropriate. He felt staff should speak more specifically to its concerns about why the fact that it is, in reality two parcels, presents a risk to the City. Staff zoning administrator, Ernie Petersen, addressed Council . He said Rogers did not have the capability to make it into a single parcel under current zoning. Staff viewed the car wash as being proposed for a separate parcel and for that reason staff holds it is not an incidental car wash. Staff viewed that two separate businesses were being operated. Mr. Williams countered that the special permit allows the fuel business to operate on both parcels. 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 felt BOZA' s opinion should be sustained and he moved, seconded by Councilmember Tschida, to concur with BOZA's opinion and allow the application for an incidental car wash to go forward, and direct staff to prepare a resolution of approval . 111 Councilmember Battaglia was concerned about the landscaping. Mr. Miller said approximately $10,000 is planned for new landscaping under this new plan. The motion passed 5-0 -175- City Council meeting November 5, 1990 Procedurally, the City Manager was recommending that the petitioner submit an application to the effect they were seeking a minor amendment to a special permit and staff makes a decision. It was the City Attorney's opinion that Council could direct staff to find this a minor amendment and to return in two weeks with any proposed amendments to the special permit. Above was so moved by Councilmember Meland, seconded by Councilmember Tschida. The motion passed 5-0. 6e. Fina Oil Request of Fina Oil and Chemical for Resolution 90-159 a special permit to allow construction of a building to house pollution abatement equipment at 7120 Cedar Lake Rd. Sam Schmeling, 2244 Kentucky Ave. , asked for clarification on what was proposed. Kent Wolf, 1359 W. 17th, Hastings, consultant for Fina addressed Mr. Schmeling's concerns. He said there was contamination on the site which will be captured by use of special pumps. In addition, groundwater will be pumped and treated in the proposed building. The contaminated soil on the site will be treated simultaneously with the other two processes. Finally, federal law dictates certain procedures that must he adhered to when gasoline products are being used. He said it would be a 24-hour operation with maximum noise to be a very low hum. 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 Meland, to adopt Resolution 90-159 entitled "A resolution granting special permit under Section 14-156(7) of the St. Louis Park Ordinance Code relating to zoning to permit construction of a building to house pollution abatement equipment and to permit a motor fuel station for property zoned B-2, Business District, located at 7120 Cedar Lake Rd." The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. 1991 Capital Improvement Program It was moved by Councilmember Tschida, Resolution 90-160 seconded by Councilmember Battaglia to adopt Resolution 90-160 entitled "Resolution approving 1991 Capital Improvement Program" The motion passed 5-0. -176- City Council meeting minutes • November 5, 1990 8b. Logan variance request111 Resolution of denial : Variance Resolution 90-161 request, Michael and Barbara Logan 3755 Inglewood It was moved by Councilmember Meland, seconded by Councilmember Battaglia to adopt Resolution 90-161 entitled "A resolution of findings regarding the application of Michael and Barbara Logan for a variance under Section 14-109(2) (glii ) of the St. Louis Park Ordinance Code relating to zoning to permit a 6 ft. fence in the front yard instead of the required 3z ft. for property located in the R-1 , single family residence district, at 3755 Inglewood Ave." The motion passed 5-0. 8c. Monterey Ave. Minor amendment to special permit: Resolution 90-162 2920-2940 Monterey Ave. Mayor Hanks would like to see a marketing plan in place rather than to approve a minor amendment at this time. Councilmember Battaglia wondered if it could not be deferred. Applicant Ron Ebb, 17790 Jaspar Ct. , Lakeville, addressed Council . He said that when he became involved the initial two buildings were already constructed. Only 2 of 7 have sold. The problem seems to be the multi-story concept III is not attractive. He described how he plans to redesign the 3-story plan to a 2-story with full basement. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to extend the special permit one year (changing condition 19) and adopt Resolution 90-162 entitled "A resolution rescinding Resolution 89-93 adopted on July 10, 1989 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of 20 townhouse units at 2920-2940 Monterey Ave. So." The motion passed 5-0. 8d. Liquor license provisions First reading of an ordinance amending the City Code re liquor license provision exempting corporate officers from having to provide personal financial information It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve first reading, set second for Nov. 19, 1990 and authorize summary publication. The motion passed 5-0. 8e. Audit Post audit of City accounts and records IIIResolution 90-163 for 1990 It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 90-163 entitled "Resolution providing for the employment of George M. Hansen Co. to audit the accounts and record of the City for 1990 fiscal year." -177- • City Council meeting minutes November 5, 1990 The motion passed 5-0. 8f. Roller Garden Settlement agreement III It was moved by Councilmember Tschida, seconded by Councilmember Meland, to authorize execution of the settlement agreement. The motion passed 5-0. 8g. Roller Garden - Ordinance First reading of ordinance amending Ordinance Code relating to roller skating establishments It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve first reading, set second reading for Nov. 19, 1990 and authorize summary publication. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. TS 434 By consent, adopt Resolution 90-164 Resolution 90-164 entitled "Resolution prohibiting parking along the south frontage road of T.H. 7 east of Wooddale Ave." 9b. Request of Win Stephens Change name of W. 24th St. to Win Stephens Drive Vern Lutz, Win Stephens Buick, addressed Council relative to their request III to change the name of W. 24th St. to Win Stephens Drive because of the difficulty of locating this dealership during I-394 construction. It was not clear what MnDOT has in mind relative to signage for this whole area. The Mayor was concerned that W. 24th is only about 2 blocks long. Councilmember Haun thought it would be appropriate for staff to check with MnDOT to see what signage is planned for those businesses along this corridor. Councilmember Meland did not think it appropriate to change the name of W. 24th St. at this time. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to table the request for a change in the name of W. 24th St. The motion passed 5-0. 9c. County notification for maintenance projects Councilmember Meland moved and Councilmember Tschida seconded to defer to Nov. 19 since this had been of special import to Councilmember Mitchell who was absent. The City Manager noted Councilmember Mitchell had called him on Friday to III say the letter met with his approval . -178- City Council meeting minutes November 5, 1990 ill It was moved by Councilmember Meland, seconded by Councilmember Tschida, to send letter - immediately. The motion passed 5-0. 9d. TS 435 South frontage road of Hwy. 7: Access/egress Resolution 90-165 from eastbound T.H. 7 between Wooddale/T.H. 100 By consent, adopt Resolution 90-165 entitled "Resolution establishing various traffic controls along the south frontage road of TH 7 access to/from eastbround TH 7 between Wooddale/T.H. 100" 9e. 3054 Louisiana Ave. Renovation/sale subject to restrictive covenants • It was moved by Councilmember Meland, seconded by Councilmember Battaglia, that the City commence renovation and designate Sherri Pesek as realtor. Councilmember Battaglia asked about selling the house "as is." The City Manager felt that was not learning from past history, i .e. last time the City sold a house without getting a Certificate of Compliance it came back to haunt the City. III Themotionpassed Councilmember Tschida opposed - in favor of the renovation, o ) 9f. Board of Zoning Appeals minutes ordered filed by consent. 9g. Planning Commission minutes of Oct. 17 ordered filed by consent. 9h. Charter Commission minutes of Oct. 23 ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to appoint Barry Schwabe to the opening on the Cable TV Commission. The motion passed 5-0. NEW BUSINESS lla. Bid tab 1990-91 tree planting stock By consent, designate Noble Nursery and Midland Nurseries as lowest responsible bidders and authorize execution of contracts with those firms. MISCELLANEOUS III 12a. Damage claims Kenneth Hanson Sheryl Britsch By consent, claims referred to City Clerk and City Manager -179- City Council meeting minutes November 5, 1990 12b. Communications from Mayor None. 12c. Communications from the City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve and authorize the following payments: Vendor claims $731 ,691 .82; and payroll claims $19,830.05 13b. Contract payments 1 . Final : Hartman Excavating: Westwood Hills Nature Center handicapped trail . Amount: $37,442.35 By consent, adopt Resolution 90-166 entitled "Resolution accepting work on handicapped trail at Westwood Hills Environmental Education Center". Partial payments 2. G. L. Contracting: Stormsewer/sewer repair. Amount: $151 ,088.48 3. G. C. Strasburg: Alley paving, random concrete projects, bus plazas. Amount: $80,561 .39 By consent, approve and authorize payment 14. Adjournment The meeting adjourned at 9:30 p.m. Mayor 1 � R:cor•ing Secretary -180-