HomeMy WebLinkAbout1990/04/16 - ADMIN - Minutes - City Council - Regular MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
April 16, 1990
1 . Call to order
Mayor Lyle Hanks called the meeting to order at 7:30 p.m.
2. Presentations
Mayor Hanks read proclamations for Earth Day, Caring Youth Day and Arbor
Day.
3. Roll call
The following Councilmembers were present at roll call : Bruce Battaglia,
George Haun, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks.
4. Approval of minutes
It was moved by Councilmember Battaglia, seconded by Councilmember Haun,
to approve the minutes of the April 2, 1990 meeting. The motion passed
6-0.
111 It was moved by Councilmember Tschida, seconded by Councilmember Mitchell ,
to approve the minutes of the Long-Range Planning Retreat on April 5-6,
1990. The motion passed 6-0.
5. Approval of agenda
It was moved by Councilmember Mitchell , seconded by Councilmember Tschida,
to approve the consent agenda for April 16, 1990. The motion passed 6-0.
It was moved by Councilmember Battaglia, seconded by Councilmember Haun,
to approve the agenda with the following additions: llc. Party in the
Park and lld. Moratorium on development. The motion passed 6-0.
PUBLIC HEARINGS
6a. Hoyt 2nd addition Request for preliminary plat approval
at 4951 Excelsior 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.
It was moved by Councilmember Meland, seconded by Councilmember Haun,
111 to approve the preliminary plat.
The City Attorney said item 6b would not be germane if 6a were not approved.
-58-
City Council meeting minutes
April 16, 1990
In answer to a question from Councilmember Battaglia as to how long the
preliminary plat it good for, the City Attorney responded 180 days to file final .
Councilmember Haun removed his second.
The motion died for lack of a second.
It was moved by Councilmember Battaglia to continue 6a until after item
6b was considered. Councilmember Mitchell seconded.
The motion passed 6-0.
6b. Hoyt 2nd addition Request for special permit to permit
a Class III restaurant/retail center
at 4951 Excelsior Blvd.
The following individuals addressed Council : Karen Coggins, 4033 Quentin
Ave. ; Joanne Murphy, 4921 Vallacher; Lyn Goldberg, 3965 Quentin Ave.
All opposed the project citing reasons of parking, odor, increased traffic,
disruption of a quiet neighborhood, trash concerns and general inappropriate-
ness of the development on this site.
Tom Roberts, Hoyt Development; Jim Toscano, Park Nicollet Foundation;
Ron Krank, architect, spoke in favor of the project and presented a rendering
of the proposed project. Jack Amdahl also spoke. He said a meeting between
the developer and neighborhood was held on February 22, 1990.
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 Tschida suggested deferring discussion of this project
until a decision is made re the proposed moratorium.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to continue items 6a and 6b to May 7 and request that staff provide for
the April 23 study session an outline of a study that could be used to
address the problems raised by this proposal .
Councilmember Battaglia asked the City Attorney if, with a proposal pending,
action could be delayed while a moratorium is researched.
The City Attorney said for the amount of time - until May 7 - yes, they
could delay.
Mayor Hanks said he could not support. Not that he was not in favor of
looking at a moratorium, but that he felt a decision ought to be made
this evening.
Councilmember Mitchell could see a potential difficulty in approving
the plat but not the special permit. He felt it appropriate to look at
the moratorium issue first.
-59-
City Council meeting minutes
April 16, 1990
The motion failed 3-3 (Councilmembers Battaglia, Haun, Mayor Hanks opposed) .
-111 It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell ,
to reopen the hearing and continue it to May 7, 1990.
The motion passed 4-2 (Councilmembers Meland, Haun opposed) .
It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell ,
to direct staff to bring to the study session any issues still on the
table that can be resolved.
Following further discussion, Councilmember Battaglia withdrew his motion
feeling that there was enough public controversy involved that it should
be discussed at a public meeting.
6c. JMS Equities Request for preliminary plat approval
for Knollwood Green subdivision
for property located at 3500 Flag
Ave.
Gary Eidson, attorney, was representating the applicant. He said the
proposed development fell within the City's Comprehensive Plan and Zoning
Ordinance and that no variances were being sought. He gave a brief descript-
ion of the site.
Councilmember Meland asked Mr. Eidson if he was aware of the agreement
worked out between the City and the neighborhood, encompassing a plan
with no more than 7 home sites and a 30-foot setback from the abutting
residents. He had some difficulty in supporting the plat with the increase
to 8 sites. He asked why they felt 8 homes, not 7, were appropriate
and elimination of the 30-ft. setback.
Mr. Eidson said that the proposal before Council was very closet()
the concept plan developed in 1987. He said this proposal could hold
up to 9 homes comfortably, lot sizes falling within the ordinance and
that up to one-third of the site was dedicated to park.
Jeff Shaneletter, applicant, said they bought the property at auction. He
said that the lot sizes were larger than others in the neighborhood
and that the homes would be more expensive than those in the neighborhood.
Jeff Baill , 9021 Minnehaha Circle, addressed -Council . He said he and_
his neighbors had appeared before Council three years ago to request
this property become park land. Council had asked the neighborhood to
develop a plan, incorporating park land, that would be the most acceptable
use of the parcel . The plan evolved into seven homes around a cul-de-sac
with the remainder to be open space for park land. This plan did not
bind any developer. He generally was in agreement with JMS' plan outside
of the fact eight homes instead of seven are called for. He urged approval
of the development as platted.
illDobie Hunig, 8907 Minnehaha Circle, spoke. She asked the develop& to
hold a meeting with the neighborhood. She read an article from the Park
Perspective relative to updating of the Comprehensive Plan.
-60-
City Council meeting minutes
April 16, 1990
Bob North, 9115 W. 34th St., could not say whether the neighborhood
was for or against this project. He felt proper time should be taken
to review the proposal in light of the fact it is increased by one home.
He also was looking for a neighborhood meeting.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to continue the hearing to May 21 to give an opportunity for the developer
and neighborhood to get together and to give the Planning staff an opportun-
ity to look at that plan developed some three years ago in light of
the proposal .
Mayor Hanks noted that some developer could have planned for up to 13
homes of 9000 sq. ft. each which would be within the ordinance. He felt
the developer was more than fair in his proposal .
Councilmember Mitchell asked if the continuance could be to May 7 instead
of the 21st. This was agreeable to Councilmember Meland.
The motion passed 4-2 (Councilmembers Battaglia and Haun opposed) .
6d. Stormwater holding pond W. 24th and Webster
It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell ,
to continue the matter to May 7, 1990
ill/ The motion passed 6-0.
6e. Year XVI funding Community Development Block Grant
Resolution 90-45
Grace Norris, Greater Minneapolis Day Care Assoc. , addressed Council
to thank the City for its previous and current support and any future
support provided.
Councilmember Mitchell asked if proposals were ever solicited other
than by a blurb in the Sailor.
Staff liaison said this was the first year any soliciting was done.
Councilmember Mitchell felt soliciting should be more developed and
that the City could be a lot more aggressive in seeking worthy recipients.He
also was curious as to who enforces the 15% requirement.
The City Manager responded the City reports regularly to Hennepin County
because the City is a subgrantee of the County. He presumed if the City
were in non-compliance, the County would so inform us.
Councilmember Mitchell asked for information as to what other communities
do re the 15% requirement. Grace Norris said in her conversations with
1111 Minnetonka, she learned the County does enforce the 15%.
Councilmember Mitchell would like to see a more in--depth discussion
of the program taken up by Council , a study session perhaps, but far
enough out that they are not pressured to approve allocations.
-61-
City Council meeting minutes
April 16, 1990
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 Meland, seconded by Councilmember Battaglia,
to adopt Resolution 90-45 entitled "Resolution approving proposed program
for Year XVI Urban Hennepin County Community Development Block Grant
Funds and authorizing its submittal ."
The motion passed 6-0.
PETITIONS, REQUESTS, COMMUNICATIONS
7a. Save Cedar Lake Park Mayor Hanks referenced the letter before
_ Council__.from the Save Cedar Lake Park
_ Committee. _ The committee seeks the
City's approval to extend their plan for open trail from downtown Minneapo-
lis to include the land known as Cedar West, near Lake Forest. A presenta-
tion was made by Daniel Dailey, 2004 Sheridan Ave. So. , Mple. ; John
Herman, 2760 Thomas Ave. So. , Mpls. , and George Puzak, 2537 Burnham
Rd. , Mpls.
It was moved by Councilmember Meland, seconded by Councilmember Tschida,
to refer the item to the Parks and Recreation and Planning Commissions
for further study.
The motion passed 6-0.
7b. Shelard petition Playground equipment
It was moved by Councilmember Meland, seconded by Councilmember Battaglia,
to accept the Shelard neighborhood petition, refer the matter to the
Parks and Recreation Commission for review and direct staff to report
back at Council 's first meeting in June.
The motion passed 6-0.
RESOLUTIONS AND ORDINANCES
8a. Purchase of carbon Granular activated carbon for
Resolution 90 -46 water station No. 1
It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia,
to adopt resolution 90-46 entitled "Resolution authorizing purchase
of granular activated carbon from Calgon Carbon Corp. as a sole source."
The motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Consultant selection Water treatment facility design/construction
It was moved by Councilmember Tschida, seconded by Councilmember Meland,
to authorize execution of a contract with Barr Engineering.
The motion passed 6-0.
-62-
City Council meeting minutes
April 16, 1990
9b. Traffic study 421 Two-way stop on W. 32nd/Kentucky
IIIBy consent, direct staff to hold a neighborhood meeting.
9c. Traffic study 420 Parking restrictions on W. 23rd
and W. 24th/Utica
By consent, motion to direct staff to hold a neighborhood meeting.
9d. Rotary proposal It was moved by Councilmember
Meland, seconded by Councilmember
Mitchell , to authorize execution of an agreement changing name of North-
side Park to Rotary Northside Park for the duration of the funding commit-
ment.
The motion passed 6-0.
9e. Board of Zoning Appeals minutes March 22
9f. Cable TV Advisory Commission minutes March 22
9g. Human Rights Commission minutes March 21 , April 5
9h. Financial report, March 1990
II By consent, minutes and financial report ordered filed.
9i . Sale of 3036 Louisiana Ave. It was moved by Councilmember Mitchell ,
seconded by Councilmember Meland,
to approve the sale with restrictive covenants in place.
The motion passed 5-1 (Councilmember Tschida opposed) .
UNFINISHED BUSINESS
10a. Boards and commissions Reports from Human Rights Commission
and Building Codes Advisory
Commission
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
to accept the reports for filing. The motion passed 6-0.
It was moved by Councilmember Meland, seconded by Councilmember Tschida,
to accept Allen Henry's resignation - from the Planning Commission. The
motion passed 6-0.
Staff was directed to contact individuals previously expressing an interest
in the Planning Commission to elicit their interest.
III -63-
City Council meeting minutes
April 16, 1990
NEW BUSINESS
lla. Pulltab application National Exchange Center for Prevention
of Child Abuse
Councilmember Meland said he had asked the City Clerk to provide him
with a list of the organizations with gambling licenses. The purpose
was whether or not the City could pass an ordinance that would restrict
the number of gambling licenses in the City on some rational basis so
there wouldn't be a great proliferation at some time. Perhaps the number
of licenses for this activity could be related to the number of liquor
licenses which currently stands at 17-18 for the City.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to defer the matter to May 7, 1990.
The motion passed 6-0.
llb. Bid tabulation Bituminous street materials
By consent, motion to designate Midwest Asphalt as the lowest responsible
bidder and authorize execution of a contract for $37,300.
llc. Party in the Park Councilmember Battaglia noted Candy
Johnson' s relinquishment of the
chairmanship of Party in the Park.
He felt someone was needed to replace her or the event would die.
It was moved by Councilmember Battaglia, seconded by Councilmember Haun,
to refer the matter to the Parks and Recreation Commission to undertake
some type of citizen inquiry as to whether there is interest in keeping
Party in the Park alive. Also, it was suggested it be advertised in
the Sailor.
The motion passed 6-0.
ild. Moratorium Councilmember Tschida felt the Council
ought to take a look at a moratorium
at its next study session and she
so moved. Councilmember Battaglia seconded.
If Council decides to go ahead, she asked that an ordinance be prepared
for the May 7, 1990 meeting.
Councilmember Haun felt the proposals currently before Council should
be approved or denied on their merits - that the developers should not
be kept hanging until a decision is made on a moratorium.
The motion passed 6-0.
MISCELLANEOUS
12a. Damage claims None.
-64-
City Council meeting minutes
April 16, 1990
12b. Communication from the Mayor The Mayor noted the upcoming
recycling luncheon at which time the
City would be honored as well as the TwinWest Women of Achievement luncheon.
12c. Communications from City Manager None.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims By consent, motion to approve
the list of verified claims prepared _
by the Director of Finance dated
April 16, 1990 in the amount of $481,456.83 for vendor claims and $17,564.87
for payroll claims and that the City Manager and City Treasurer be authorized
to distribute checks in the appropriate amounts.
13b. Contract payments - Partial
1 . Layne Minnesota, reconditioning of Wells 11 and 16. Amount: $17,456.25.
By consent, motion to approve and authorize payment.
The Council adjourned to a closed meeting to discuss matters of litigation.
14. Adjournment The meeting adjourned at 10:30 p.m.
le) 444)
Mayor
1),(A/u(er)
Reffording Secretary
-65-