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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-