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HomeMy WebLinkAbout1990/05/07 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 7, 1990 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Roll call The following Councilmembers were present at roll call : George Haun, Allen Friedman, , Jane Tschida and Lyle Hanks. Larry Mitchell returned to chambers approximately 8:30 p.m. Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 3. Presentations -I Mayor Hanks read and presented proclamations for Buddy Poppy Day, Public Works Week and Drinking Water Week. 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Haun to approve the minutes of the April 16, 1990 meeting. The motion passed 4-0. It was moved by Councilmember Tschida, seconded by Councilmember Friedman, to approve the minutes of the April 23, 1990 study session. The motion passed 4-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve the consent agenda for May 7, 1990 with the removal to the regular agenda of lla and llb. The motion passed 4-0. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the agenda for May 7, 1990 with the removal of item 13b. The motion passed 4-0. PUBLIC HEARINGS 6a. Polo of Minnesota Special permit for a Class I Restaurant Resolution 90-47 located at 9920 Wayzata Blvd. The applicant was present to answer questions. 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. -66- City Council meeting minutes May 7, 1990 It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution 90-47 entitled "Resolution granting special permit under Section 14-156(17) of the St. Louis Park ordinance code relating to zoning to permit a Class I restaurant for property zoned B-2, general business district, located at 9920 Wayzata Blvd." The motion passed 4-0. 6b. Polo of Minn. liquor license Application at 9920 Wayzata Blvd. The applicant was present to answer questions. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to approve the application. The motion passed 4-0. 6c. Classic Motor Co. Request of Stephen Gold to Resolution 90-48 amend an approved special permit for property at 4700 Excelsior Blvd. Stephen Gold was present. Councilmember Tschida was concerned as to why the conditions of the previous special permit were not met and why he had proceeded with certain alterations which were never approved. Mr. Gold explained the various adjustments to the plan, specifically landscaping. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to grant the special permit subject to the conditions 1-10. 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 City Attorney asked for clarification in that there were 10 conditions in staff's report but 16 conditions in the accompanying resolution. Councilmember Haun asked if Mr. Gold understood the 16 conditions. Mr. Gold said he did and Councilmember Haun incorporated the additional 6 conditions into his motion. The City Attorney wanted to make sure that Mr. Gold was aware that satisfaction of the building code issue must be satisfied by a restrictive covenant. Mr. Gold said he had discussed that with his attorney and it was acceptable. The motion failed 3-1 (Councilmember Tschida opposed) . It was moved by Councilmember Friedman, seconded by Councilmember Haun, to continue the discussion upon Councilmember Mitchell ' s return to chambers. -67- Upon Councilmember Mitchell 's return, a brief synopsis of the previous discussion was presented. Councilmember Tschida, in answer to a question from Mr. Gold, said 1111 she remained concerned that the existing building was not in full compli- ance with the conditions of the previous special permit. She expressed her concerns re landscaping and did not feel assured Mr. Gold would not be in tomorrow changing the plan from that presented to Council this evening. Mr. Gold responded his landscape plan met all conditions of all City ordinances and the Code. He said the remaining few conditions of the previous special permit were currently being attended to. The City Attorney said a stairwell , legally required, had been closed off. It currently is being reopened but has not been inspected. Also, there is not a sprinkler system within the building which was required. Mr. Gold said the stairway access is completed and the sprinkler system is to be installed within two weeks. He said he has corrected every issue the Planning staff discussed with him. He was only informed about the sprinkler system a couple of months ago, it was not a condition of the original special permit. Staff corrected him in that hares notified by letter of the need for a sprinkler system in 1982. Mr. Gold said staff never followed up after the letter. Councilmember Haun could see no reason for not moving on this item. To that end, he moved and Councilmember Friedman moved adoption of Resolution 90-48 entitled "A resolution rescinding Resolution 87-87 adopted on July 20, 1987 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park ordinance code relating to zoning to allow a Class I restaurant at 4700 Excelsior Blvd." including all 16 conditions. The motion passed 4-1 (Councilmember Tschida opposed) . -68- City Council meeting minutes May 7, 1990 6d. Park Nicollet Medical Center Request to withdraw It was moved by Councilmember Friedman, seconded by Councilmember Tschida to accept the applicant's request to withdraw the request. The motion passed 4-0. 6e. Hoyt Development Preliminary plat approval Resolution 90-49 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 Haun, seconded by Councilmember Friedman, to adopt Resolution 90-49 entitled "Resolution giving approval for preliminary plat of Hoyt 2nd Addition." The motion passed 4-0. 6f. Hoyt Development Request to withdraw special permit request 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 Friedman, seconded by Councilmember Haun, to accept applicant's request to withdraw request. The motion passed 4-0. 6g. JMS Equities Request for preliminary plat Resolution 90-50 at 3400 Flag Ave. - Knollwood Green Jeff Schoenwetter, developer, was present to answer questions. There being no one further wishing to speak, the Mayor closed the meeting with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 90-50 entitled "Resolution giving approval for preliminary plat of Knollwood Green Subdivision". The motion passed 4-0. Councilmember Mitchell returned to chambers. -69- . 6h. Belt Line Business Park Amendment to Comprehensive Resolution 90-57 Plan ill III Ward Johnson, 2206 Hill Lane, addressed the Council . He was concerned about the overbuilding of apartments in the City. He also was concerned about recycling from the proposed apartment complex. Lois Bredahl , Klodt, Inc. , said space is provided in their buildings for trash and recycling. She said they do work closely with their waste haulers and encourage residents to recycle. 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 Haun, seconded by Councilmember Tschida, to adopt Resolution 90-57 entitled "Resolution approving an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park Under Minnesota Statutes 462.351 to 462.364." The motion passed 5-0. 6i . Lottery ticket sales Amendmenmt to zoning ordinance re regulation 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 III date. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to put the item on an upcoming study session. Mayor Hanks asked if this was lottery sales only, had nothing to do with pulltabs or any other gambling. The City Manager said that was correct. The motion passed 4-1 (Mayor Hanks opposed) . 6j. Improvement hearing, Proj. 85-33 Stormwater holding pond at W. 24th St./Webster Ave. The City Manager gave a brief update on the status of this project. The following individuals spoke in opposition to the project: Ken Dubbe, 2550 Webster Ave. ; Kent Howes, 2564 Xenwood Ave. ; Bill Semple, owner of Park Ridge Apts. The former were opposed to the project; the latter could see some merit if it would control the occasional flooding of the apartment parking lot. 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. 11/ Councilmember Friedman encouraged staff to meet with the neighborhood regarding their concerns before ordering this project in. He asked several technical questions which were addressed by the Director of Public Works. -70- City Council meeting minutes May 7, 1990 It was moved by Councilmember Friedman, seconded by Councilmember Tschida Ir to table the project indefinetly and direct staff to answer any residents' concerns re the impact on the area. After that time, it can be brought back to Council if it is deemed to be in the City's and residents' best interest. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Crime watch lesolution 90-51 Neighborhood Crime Watch Target Hardening Program By consent, adopt Resolution 90-51 entitled "A resolution authorizing execution of agreements related to the St. Louis Park Neighborhood Crime Watch Program." 8b. Energy conservation It was moved by Councilmember Resolution 90-52 Mitchell , seconded by Councilmember III Haun, to adopt Resolution 90-52 entitled "Resolution of application and authorization to execute agreement and certifications for the Suburban Hennepin County Community Energy Program." The motion passed 5-0. 8c. City Employee flexible spending arrangement Resolution 90-53 Councilmember Mitchell asked what "certain employees" meant and were the employees consulted about this proposed program. The Personnel Officer said certain employees refers to permanent employees and probationary employees for those available for health insurance. Employees were involved to the extent of completing a survey regarding health insurance. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida to adopt Resolution 90-53 entitled "Resolution approving a flexible spending arrangement for certain City employees." The motion passed 5-0. III- REPORTS FROM OFFICERS, BOARDS, COMMITTEES ill 9a. Zoning classification Report re R-1 zoning classification for area west of Hwy. 100, north of Minnetonka Blvd. and south of W. 24th -71- ' City Council meeting minutes May 7, 1990 III It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to authorize staff to set a neighborhood meeting. The motion passed 5-0. 9b. Park/Ride lot: Rogers Lease agreement with MnDOT It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to adopt the resolution of approval . Councilmember Friedman asked if the area of the lot where they park cars for servicing becomes a park/ride lot, what does that do to their parking requirements. The Director of Public Works said Rogers is in the process of seeking a revision to their site operation where the mechanics bay will be eliminated and replaced with a car wash. Councilmember Friedman was concerned about people dashing across Minnetonka Blvd. from the park/ride lot to catch a bus. The Director of Public Works said it was hoped people would go to the signaled intersections to cross over. Councilmember Friedman viewed that with skepticism. IIICouncilmr er Friedman asked where this idea had come from. The Director respond e the residents on Vernon north of Minnetonka who can't park on their wn street. In answer to a question, the Director said parking would be restricted from 2-6:00 a.m. If Council were concerned, more restrictive timeframes could be instituted. Councilmember Friedman saw the proposed lot as creating unwanted problems of drainage, overnight parking problems, lack of landscaping. He said he had never heard anything about this proposal and felt the City had not planned it in enough detail before presentation. It was moved by Councilmember Friedman to defer until more information is available. Councilmember Mitchell withdrew his second. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer to May 21 , 1990. The motion passed 5-0. 9c. Request for proposal Redevelopment area It was moved by Councilmember Mitchell , seconded by Councilmember Friedman to concur with the action of the Economic Development Authority with the modification that when the triangle is looked at that it be done 111 in two parts: one just the triangle and one including Minnetonka Blvd. The motion passed 5-0. -72- City Council meeting minutes May 7, 1990 9d. Traffic study 423 Stop signs, Parkwoods/South Resolution 90-54 Hill Lane It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to install the signs and adopt Resolution 90-54 entitled "Resolution authorizing installation of traffic control signs at the intersection of Parkwoods Rd. , Cedarwood Rd. and South Hill Lane." The motion passed 5-0. 9e. Fourth of July firewords Mayor Hanks asked if anyone had been in touch with the VFW The City Manager said staff had not. Mayor Hanks said he would followup. 9f. Status report: Roller Garden The City Manager and City Attorney brought Council up to date on the Roller Garden matter. The City does have authority within its Code and State law to impose additional business regulations on, consider suspension of or revocation of the Roller Garden business license. He said the City Manager had administratively commenced a hearing for the licensee to show cause why one of the aforementioned remedies should not be imposed upon the Roller Garden license. The City Manager said Mr. Sahly, proprietor of the Roller Garden, had informed him that on Sunday nights for the foreseeable future he would be closing at 8:00 p.m. He viewed the most recent incident as just that -- an incident. He felt it was important that as a community there not be an overreaction to the incident. The following individuals spoke to this issue: Susan Triethart, 3308 Webster; Fred Mutchler, 5701 W. Lake St; Al Rogalla, 5725 W. Lake St. ; Anne Pendleton, 3237 Alabama Ave. ; Jason Bauer4 Mubssa McClune, 2580 Vernon The consensus of the speakers was that the business not be closed down; rather, they sought more police protection and earlier closing hours. The City Manager explained that an administrative hearing was held before the City Manager. After reviewing all testimony and background, a determina- tion will be made as to what, if any, action is needed or appropriate. Additional petitions circulated throughout the abutting neighborhoods were presented to Council . Councilmember Friedman wanted those present to know that he was giving staff two weeks for resolution of this matter. If administrative action meant earlier closing hours for the Garden resulting in reduced revenues, so be it. This was preferable to him than all the phone calls he has received with people saying they're afraid to go out in the streets. He was asking that the matter be dealt with swiftly, fairly and with dispatch. Councilmember Tschida felt the process of the administrative hearing was essential to the preservation of the democratic tenents upon which the community and nation rests. -73- ' City Council meeting minutes May7, 1990 9g. Stop sign: Inglewood/W. 26th Request for neighborhood Meeting It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to remove item 9g from the consent agenda. The motion passed 5-0. Councilmember Mitchell asked if a petition had been received. The City Manager said no, but that Councilmember Friedman had noted many requests from neighborhood residents. He said the necessary traffic study has not been done which would determine if installation is warranted. The Mayor wondered if Council was circumventing the established procedure of bringing any stop sign request to staff who goes out and checks the warrants. It was moved by Councilmember Friedman to install an east/west stop sign at Inglewood/W. 26th. Councilmember Mitchell seconded subject to verification of warrants by staff. This was not agreeable to Councilmember Friedman, so Councilmember Mitchell withdrew his second. Mayor Hanks said going back to staff's recommendation, a neighborhood meeting would be scheduled. III 9h. Planning Commission minutes April 4 9i . Human Rights Commission minutes April 18 9j. Parks and Recreation Commission minutes April 11 9k. Housing Authority minutes March 13 Items 9h thru 9k ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions None. 10b. Pull tab application National Exchange Center for Resolution 90-55 Prevention of Child Abuse John Senior, gambling manager, was present to answer questions Councilmember Friedman felt he could not support these applications any longer. The City Manager said that at the request of two Councilmembers its office was reviewing methods by which the Council could limit the number 111 of licenses and number of locations where licenses are issued. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to adopt Resolution 90-55 entitled "A resolution of the St. Louis Park City Council forbidding issuance of state lawful gambling license to the National Exchange Center for the Prevention of Child Abuse." -74- City Council meeting minutes May 7, 1990 The City Manager said it was felt the application was not in order because it was not submitted by the national organization. Councilmember Tschida advised caution'. Many pulltab operations have been approved over the past months and` now Council is deciding to deny. She was concerned about inconsistency. The Legislature did not repeal charitable gambling. The motion passed 5-0. NEW BUSINESS lla. Knights of Columbus Bingo/pulltab license renewal The City Attorney stated that under state law if the Council takes no action to deny within 60 days, it goes to the state which can still deny it or approve. Councilmember Haun felt a policy had tol be developed. He felt the Council could not in good conscience approve oneland deny the next. Councilmember Friedman's concern was f' not a moralistic one, but that the City has no control over how the funds are to be dispensed -- not necessarily in St. Louis Park, but everyone is aware of problems in other cities. It was moved by Councilmember Tschida, seconded by Councilmember Friedman, to approve and waive the 60-day waiting period. The motion failed 3-2 (Haun, Friedman, Mitchell opposed) . lib. Southwest Mutual Fire Aid Assoc. It was moved by Councilmember Resolution 90-56 ( Friedman, seconded by Councilmember Haun, to adopt Resolution No. 90-56 entitled "A resolution approving the inclusion of the City of Chanhassen into the Southwest Mutual Aid Assoc." Councilmember Friedman asked how this affected the City's ability to attend to its own needs. How far out into the western suburbs would a St. Louis Park fire truck be expected to respond. The motion passed 5-0. llc. Bid tabulation 1990 street supplies, snow/ice control materials By consent designate SA-AG and Edward Kraemer as lowest responsible bidders and authorize execution of contracts in the amounts of $17,450 and $5,790 respectively. -75- ' City Council meeting minutes May 7, 1990 lld. Cystic Fibrosis Renewal of state license to sell pulltabs at Ambassador By consent, approve request and waive 60-day waiting period. MISCELLANEOUS 12a. Damage claims: Joan Roppe Kimberly Osborne By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks asked for response re a joint meeting with the School Board Councilmember Haun felt there were a number of issues the Council and School Board should discuss. The meeting was set for 5:30 p.m. , 'Monday, May 14 with two items slated for discussion: tax increment financing and community facilities. 12c. Communications from City Manager None. • CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims • Approved by consent: vendor claims: $866,841 .47; payroll claims: $18,398.30 14. Adjournment The meeting adjourned at 10:20 p.m. , Ix) Air,-Lt--- Lyle 'ranks, Mayor (�ecordin ecr tart' -111 -76-