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HomeMy WebLinkAbout1979/04/16 - ADMIN - Minutes - City Council - Regular� 1. 2. 3. MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 16, 1979 Prior to the regular meeting, the City Council�met to study and receive public comment regarding a proposed amendment to the Ordinance Code providing for regul�.tion of public safety alarms. Comments were received from several alarm users and representatives of alarm installation companies. Concern was expressed regarding definitions contained in the proposed ordinance and that they may discourage use of alar�ms. The Council agreed to establish a committee to further study the proposed ordinance and took action doing so during the regu- lar meeting. Call to Order Invocation Roll Call Also present were the Public Works Director. 4. Approval of Minutes The motion passed 6-0. 5. Approval of Agenda The motion passed 6-0. A regular meeting of the City Council was called to order by Mayor Stern at 7:56 p.m. None. The following Councilmen were present at roll call: Ronald Backes Jerrold Martin John Ralles Lyle Hanks Keith Meland Irving Stern City Manager, City Attorney, Planning D�rector and It was moved by Councilman Hanks, seconded by Councilman Ralles, to approve the minutes of the regular City Council meeting held April 2, 1979, as presented. It was moved by Councilman Backes, seconded by Councilman Hanks, to approve the consent agenda for April 16, 1979, with the removal of items 7a, 8c and 8d. I� was moved by Councilman Meland, seconded the agenda for�Apri1 16., 1979, as preaented. r The motion paeeed 6-0. � by Councilman Martin, to approve -1.03- � � � City Council minutes, ApriX 16, 1979 6a. Holidav Stores; Liquor License_ PUBLIC HEARINGS , Application of Holiday Station Stores for nonintoxi- cating liquor licenses for 7916o tinuednfromoulevard and 6011 Excelsior Boulevard ( April 2, 1979). resenting the applicant, explained Bradley Steinman, 2250 Quebec Avenue,,reP ro osed managers for � the St. Louis Park Police Department iivesHegsaid the response of Jon Latham both establishments and passed approva to Question 13 on the application was in error. He repeated comments made at the April 2, 1979, public�hearing relative to otheroflmanaeerseXetcingand said conditions, the list of employee �Osanswer�questions. g the regional manager was present Councilman Backes asked how the Company determines the type of service being considered. --- -� Mr. Steinman responded that licenses would n not believe a demand for the product exists; and a11 save two in Minneapolis and suburbs relies on past experience in other stores. There being no one further wishing closed. the need in an area for ot be sought if the Company did every station store in St. Paul selk beer. He added the Company to speak, the Mayor declared the hearing It was moved by Councilman Hanks, seconded by Councilman Meland, to reject the two applications. The motion passed 5-0-1 (Councilman Ralles abstained). Later in the meeting, it was moved by Councilman Meland, seconded by Councilman Hanks, to reconsider the action. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Backes, to reject the applications and authorize preparation of a resolution of finding of fact for adoption on May 7, 1979. The motion passed 5-0-1 (Councilman Ralles abstained). 6b. 2818 Texas Avenue; Resolution No. 6247 Application of Chester Cichosa for to placement of detached garage at as described in Notice of Hearing 'March 28, 1979. variance xelated 2818 Texas Avenue, published JoAnn Cichosz, applicant, said the only direction the �arage could be xt d d i t d h h e en e s owar t e ouse. She explained a two-car Rarage is necessary due to her type of employment, and the 18.5 feet permitted would not ptc�vide sufficient space to permit occupants to leave automobiles. There being no one further wishing to apeak, the Mayor deciared the hearin� closed. � -104- .•-- �. City Council minutes, April 16, 1979 It was moved by Councilman Martin, seconded by Councilman MeTand, to waive teading and adopt Resolution No. 6247, entitled "A resolution granting variance in rear yard coverage and distance from principal structure from Sections 14-133(5) and 14-108 of the Ordinance Code relating to zoning to permit a detached garage to be less than six feet from a siagle-family house in the R-2 District at 2818 Texas Avenue." The motion passed 5-1 (Councilman Backes opposed). 6c. 6200 Meadowbrook Boulevard; Resolution No. 6248 Application of John Ylvisaker for variance in setback requirements at 6200 Meadowbrook Boulevard, as described in Notice of Hearing published March 28, 1979. The applicant was present to respond to questions. There being no one wishing to speak, the Mayor declared the hearing closed�. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6248, entitled "A resolution granting variance for rear, side and front yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit an earth-sheltered single-family house in the R-1 District at 6200 Meadowbrook Boulevard." The motion passed 6-0. 6d. Zoning Change; 4015 Yosemite Avenue the letters drawing the Application of Building Coordinators/American Legion Post No. 282 for zoning change at 4015 and 4021 Yosemite Avenue (continued from March 12, 1979). � Mayor Stern called the attention of the Council to received from Building Coordinators and the Legion Club with- rezoning request. There being no one wishing to speak, the Mayor declared the hearing closed. Councilman Hanks he would not be Boulevard study stated that although the applicants have opposed to a continuation of the hearing (item 9f) had been acted upon. requested withdrawal, until the Excelsior The Aseistant City Manager atated thatmaintheHeieaid8Mr1 Birdchastbeentissued original single-family zoning would re a building permit for a aingle-�amily atructure, although canstruction hae not commenced. Nate DeLue, American Legion Club, believed tha� no matter what Mr. Bird conetructed upon his lot, it would be uaed �s a contrM�tiAg�afWpuld alsaadded the Legion C�ub would donate i�8 ��0� tHe�xeferred to the compl.Aints about �gree t� d�n�te hie lot to the City. drainage and no.red the center of Yosemite Avenue is �ui�heincludingrthen of a hi11; therefore� no eing�e properCy owner wae �t f� � Legion Club. He also requested the maCter be cont�nued to allow considera- tion of all facte. -105- City Council minutes, It was moved by Councilman Hanks, public hearing. The motion passed 6-0. April �b, 1979 seconded by Councilman Ral�les, to reopen the Walter Nelson, 4027 Yosemite Avenue, repeated concerns expressed on March 12, 1979; that due to the grade of the Legion Club and the Mobil station, water drains into the rear yards of abutting single-family houses. He said the four storm sewer inlets on Excelsior Boulevard between Yosemite Avenue and the front of the lumber yard presently become easily clogged with debris and, therefore, could not accommodate drainage from additional commercial or asphalt areas. It was moved by Councilman Hanks, the public hearing to May 7, 1979. The motion passed 6-0. 6e. Paving Proj ect ; Meadowbrook Boulevard .�...--,� p � .r seconded by Councilman Ralles, to continue Improvement Project 79-03, paving, curb and gutter, Meadowbrook Boulevard from Colorado to Alabama Avenues, as described in Notice of Hearing published April 4 and 11, 1979. The Public Works Director described the proposed project and said both property owners at the proposed intersection of Alabama/Meadowbrook Boulevard are in agreement with the design and the extension of their driveways. He continued the driveways would be 18 to 20 feet in width and would be recommended to be assessed on a side-street basis: Robert Schmni, 4306 Alabama Avenue, believed the two property owners were assessed for curb and gutter at the intersection but not for the driveway Councilman Hanks noted the side street assessment is $3 per front f oot and suggested this charge equitable for the benef it. to be area. Councilman Martin explained the driveway extensions are part of the total improvement. He wondered who would be responsible for their maintenance in that they are located on land dedicated for City streets. � Mr. Schmni said at the neighborhood meeting, it was understood the property owners would be responsible for maintenance and the City would not vacate this portion of Alabama Avenue. The Public Works Director said that in the past, the City has allowed private property owners to build on public property by execution of an agreement. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Hanks, seconded b� Councilman Martin, to order the improvement and authorize final specif ications and advertisement for bids. The motion passed 6-0. -106- , /' �' � ��_--_--- ---- _ _ . . 6f. Pavin Project; Zarthan Avenue City Council min�tes, April 16, 1979 Improvement Project 79-13, paving, curb and gutter, Zartlian Avenue, as described in Notice of Hearing published April 4 and 11, 1979. Daniel Drotning, 1641 Alabama Avenue, presented a petition supporting the proposed cul-de-sac on West 16 Street to be financed with General Fund monies; he suggested any inconvenience would be offset by the additional safety provided. Councilman Ralles noted concern has been expressed relative to the hills at the Alabama and Blackstone intersections with Cedar Lake Road which cause difficulty in winter. Mr. Drotning suggested West 16 Street would not be a viable alternative and would be useless to the residents during peak business hours. Judy Millard, 1653 Blackstone Avenue, said in 1977.signs were installed at the location although drivers still experience sight difficulty due to the hill. She favored the proposed cul-de-sac due to safety factors. Michael Brennan, 6008 West l6 Street, presented a petition opposing the cul- de-sac due to grade diff iculties on Alabama and Blackstone and until future traffic proves it necessary. He suggested the placement of signs "Residential Area—No Through Traff ic," and the issuance of citations to violators. He also suggested the installation of a semaphore at the intersection of either Blackstone or �1labama Avenue with Cedar Lake Road. � Richard Graziano, 1645 Alabama Avenue, opposed the need for a cul-de-sac premised upon projections that there would be increased traffic in the residential areas after the commercial properties are constructed in Chree or four years. He asked clarification of who would be assessed its cost. The Council discussed the proposed City has obtained a ten-year lease in several months. � There being no closed. park on West 16 Street and was informed the on the property and construction will occur one further wishing to speak, the Mayor declared the hearing Councilman Hanks noted that the area residents havereassessedeforathescon-for the improvement of West 16 Street and would not be struction of the proposed cul-de-sac. It was moved improvement deleting the by comparing struction. by Councilman Martin, seconded by Councilman Backes, to order the and authorize f inal specifications and adv�eetsacmbecomes necessary cul-de-sac on West 16 Street, if the cul traffic counte in the future, the Council will order its con- � � s clarified that the neighborhood should not rely upon signs ' Councilman Hank statute existed by { such as "no through traffic," and he did not believe any ublic � w could issue citations keeping vehicles from travelling p hich the City streets. The motion paseed 6-0. � � 7a. STEP Week ���8a . CiCy Council minutes, April 16, 1979 PETITIONS ESTS ANU COMMUNICATIONS Proclamation designating STEP week. Mayor Stern explained the purpose of STEP and presented the proclamation to the Executive Director of STEP, Sue Nelson. It was moved by Councilman Meland, seconded by Councilman Backes, to approve the proclamation. Veterinary Clinic; DDD RESOLUTIONS AND ORDINANCES Second reading of Ordinance Code amendment permitting veterinary clinic in Diversified Develop- ment District. ' It was moved by Councilman Martin, seconded by Councilman Meland, to waive �► second reading and adopt the ordinance. , <"''`� The motion failed 4-2 (Councilmen Backes and Hanks opposed). It was moved by Councilman Hanks, seconded by Councilman Ralles, to defer second reading of the ordinance to May 7, 1979. The motion passed 6-0. 8b. Securities; Resolution No. 6249 by consent. Sc. Foo Chu; Resolution No. 6250 Resolution approving securities for collateral. The Council adopted Resolution No. 6249, entitled "Resolution approving securities for collateral from Americana State Bank of Edina, Edina, Minnesota," Resolution ordering removal of substandard structure at 4215 Excelsior Boulevard. Robert Fleming, owner of the property, was present to answer questions and stated he agreed with the intent of the resolution. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6250, entitled "Resolution and order for removal of substandard structure located at 4215 Excelsior Boulevard as a hazardous building." The motion passed 6-0. 8d. Family Education; Resolution No..6251 Resolution supporting early childhood and family education program (requested by Councilman Meland). Councilman Meland summarized the resolution, explaining the program is an important component of the Commimity Fducntion Pr_ogram and hoped it could be expanded to serve the entire City. He con- tinued it is an expensive program, but has positive benefits. -108- City Council minutes, April 16, 1979 It was moved by Councilman rieland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6251, entitled "Resolution supporting early childhood and family education programs funded by the Minnesota Legislature through the Council on Quality Education." The motion passed b-0. 8e. Community Education; Resolution No. 6252 Resolution in support of Community Educatian legislation. Resolution No. 6252, entitled "Resolution supporting Minnesota Community Education Association legislative proposal," was adopted by consent. 8f. Alabama Parking Lot; Resolution No. 6253 Amendment of Resolution No. 6036; Alabama Avenue parking lot. Resolution No. 6253, entitled "Resolution amending Resolution No. 6036 authorizing execution of amended application for registra- tion o€ title to Lots 6 and 7, Block 3, Brookview Park Addition, to St. Louis Park, subject to outstanding contracts for deed," was adopted by consent. REPORTS OF OFFICERS, BOARDS �ND COMMITTEES 9a. Community Relations Coimnission 9b. Housin Authority 9c. Planning Commission 9d. Board of Appeals 9e. Human Rights_ Co�is s ion Minutes of Cotnmunity Relations Commission meeting held March 8, 1979. The minutes were ordered filed by consent. Minutes of Housing and Redevelopment Authority meeting held March 13, 1979. The minutes were ordered filed by consent. Minutes of Planning Commission meetings held March 7 and April 4, 1979. The minutes were ordered filed by con�ent. Minutes of Board March 22, 1979. of Zoning Appeals meeting held The minutes were ordered filed by consenC. Minutes of Human Rights Commission meeting held March �1, 1979. The minutes were ordered filed by consent. -109- � . 9f. Excelsior Boulevard Study ! �:: City Council minutes, � ! �� April 16, 1979 HighwaY 100 to Brookside Excelsior Boulevard study�including request f or Avenue (Case No. 79-3-�P� , deferred from March 12, 1979. vacation of Xenwood Avenue, Renette Maurer, 4.037 Xenwood Avenue, presented a ncil and staff expressing concern with elemen�he°lackeof petition to tlie Cou roblems caused by study: The American Legion should alleviate p parking f or it s customers; opposed vacation of Xenwood e��eLemainCenanceeoflon of a barrier; requested better planning for drainage� b docks. The petition the Gravely Company and proper facilitiestherresidentialgneighborhood upon also questioned provisions for access to upgrading of Excelsior Boulevard. Mrs. Fred Zabel, 4020 Xenwood Avenue, opposed vacation of Xenwood Avenue. She res nted at t'he neighborhood meeting and noted also referred to a zoning map P ro erty for 15 years. If changed to she has been paying taxes on comm�cial p P residential, she requested a refund. Nate DeLue, representing the Legion Club, said the vacation of Xenwood Avenue would alleviate parking problems on neighborhood streets. He guaranteed the Legion would clear snow and maintain the lot. Phyllis McQuaid, 4130 Yosemite Avenue, notedhehconcernseofabusinesseproperty, concerns have always taken precedence over t and she hoped the Council would continue to consider these concerns as in the past. Robert Ulwelling, 4045 Xenwood Avenue, referred to the lack of sidewalk main- tenance at the Legion Club and wondered how it would maintain the proposed parking area. He cited difficulties currently being experienced by pedestrians attempting to cross Excelsior Boulevard; he also did not wish the character of the neighborhood changed, other than becoming more residential. Councilman Hanks reviewed the history of the item and noted the Council commissioned staff to study alternatives which would help alleviate existing problems. Ne said perhaps it would be best for the neighborhood to remain as is. He suggested the costs appear exorbitant for the benefit derived. After further discussion, it was moved by Councilman Hanks, seconded by Councilman Meland, to defer the item for further consideration of drainage and parking plans, street berm, including surveying the exact location of the berms with respect to driveways; staff will notify Mr. Bird and other affec[ed property owners when the Council reconsiders the study. The motion passed 6-0. 9g. Financial Report 9h. 38th Street; Resolution No. 6254 Monthly financial report - March, 1979. The report was ordered filed by consent, Traffic Study No, 202; West 38 Street/Excelsi�r Boulevard/France Avenue. -,� Resolution No, � placement of signs for kraffic control , - __.�_. 6254, entitled "Resolution au[hori�i'''' at Glenhurst Avenue, West 37 �treet' -]_1Q- Ci[y Council minutes, April 16, 1979 Huntington and Ingiewood Avenues," was adopted by consent. 9i. Excelsior Excelsior Boulevard Advisory Committee; rules of Boulevard procedure. Advisory Coimnittee gj, Cedarhurst Improvement 10a. Appointments The Council approved the proposed rule changes by consent. Preliminary engineering report, Project 79-04, Cedarhurst. The Council set public hearing for the improvement r�y 2i, 1979, by consent. F UNFINISHED BUSINESS Appointments to City boards and commissions. Mayor Stern called the Council's attention to the communication from the Chief Judge of District Court reappointing Bestler and Weisberg and appointing Cherches, Mandel and Rosenthal to the Charter Commission. Staff was requested to schedule interviews for Human Rights and Planning Commission vacancies prior to the May 7, 1979, Council meeting. lOb. Alarm S�stems First reading of Ordinance Code amendment relating to alarm systems (deferred from March 12 and April 2, 1979). Prior to the regular meeting, the Council met to study and receive public comment regarding the item. It was moved by Councilman Hanks, seconded by Councilman Meland, to establish a committee of the Council to further �eadfirst readingdofrtheaordinanceeet with interested individuals, and defer Mayor Stern appointed Councilmen Martin and Ralles to serve on the committee; Councilman Hanks as chairman. The motion passed 6-0. lOc. Tax Exempt Mortgage Revenue Bonds The motion passed 6-0. Charter amendment authorizing tax-exempt mortgage revenue bonds (requested April 2, 1979). IC was moved by Councilman Backes, seconded by Councilman Hanks, to table the item. -111- lOd. City Incinerator 10e. Street Revocation City Council minutes, April 16,.1979 Appraisal of City incinerator. The Council accepted the appraisal and authorized advertisement for bids by consent. Revocation of Cedar Lake Road/France Avenue/ Excelsior Boulevard (M. & C. No. 79-13). Following brief discussion, it was moved by Counciiman Hanks, seconded by Councilman Meland, to schedule a study session on the matter for 6:30 p.m., May 7, 1979. The motion passed 6-0. lla. Deferred Compensation 11b. Health Services Act NEW BUSINESS Agreement for transfer of deferred compensation funds; f ormer City Manager, Chris Cherches. The Council authorized execution of agreement by consent. Community Health Services Act; direct-share status (M. & C. No. 79-12). It was explained by Councilman Meland the City could relinquish the responsibility for nursing services and retain responsibility for environmental health. It was moved by Councilman Meland, seconded by Councilman Backes, to direct staff to relinquish direct-share status. The motion passed 6-0. llc. Bid Tabulation Bid tabulation - City Hall garage. It was moved by Councilman Backes, seconded by Councilman Ralles, to designate lowest responsible bidders and authorize execution of contracts as follows: George Cook Construction Company, general contractor, West Electric Company, electrical contractor at Sun Mechanical and Electric Company, mechan�2ca1 contractor at Carlson Automatic Fire Prevention Companq, f ire pro- tection contractor,at � . at $258,400; 10,635; 46,855; 6,342 5322,232 Councilman Martin requested a change order be prepared to provide for a wall on the first flovr as discussed during budget review for Council approval on May 7, 1979. The motion passed 6-0. -112- f � lld• Bid Tabu ai tion City Council minutes, April 16, 1979 Bid tabulation - motor starter. — The Council designated John Ess and Son, Inc., lowest responsible bidder and authorized execution of contract at $14,080 by consent. lle. Spirits of St. Louis llf . 12a. Golden Auto Requested liquor license transfer; Spirits of St. Louis, 4200 Excelsior Boulevard. The Council set public hearing on the license transf er for May 7, 1979, by consent. Request of Golden Auto Company for increase in storage and towing fees. It was moved by Councilman Meland, seconded by Councilman Martin, to direct staff to investigate alternative towing and storage methods including creation of City-owned towing service. The motion passed 6-�. Dama e Claims MISCELLANEOUS Damage claims. 1) Steven Paulson, 9320 Minnetonka Boulevard 2) Alex Freisinger, 1405 Jersey Avenue. The Council ordered the claims f iled with the City Clerk for proper action by City Manager and City Attorney by consent. 12b. Communications from Mayor 12c. Communications from City Manager include granted the sale of in 1976. After discussion, Martin, to approve on June 9, 1979. None. 1) Amalgamated Eating and Drinlcing Establishment - The Acting City Manager explained the City has received a request from the Amalgamated Establishment to conduct a one-day sale on the roof June 9, 1979, to alcoholic beverages. He continued a similar request was it was moved by Councilman Ra1lee�hoursnfrombnoonuto�lla�.m., the request as submitted for th The motion passed 5-1 (Councilman Hanks opposed�. 2) The City Manager explained and requested that the Council he submitted his resWsthexzesignation. allow him to withdra -113- 2, 1979, 13a . Verif ied Claims it Council minutes, April 16, 1979 C y . CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Upon motion by Councilman Meland, seconded by Councilman Backes, the list Financefand direms prepared by the Director of cted to the City Council, dated April 16, 1979, � in the total amounts of $279,320.27 for vendors and $4, 719.31 for payroll were approved, and the City Manager, City Clerk and City Treasurer were authorized to issue checks in the same amounts by a vote of 6-0. 13b. Contract Payments; '�'� Resolution No. 6255 It was moved by Councilman Meland., Councilman Ralles, to approve and following partial payment: seconded by authorize the � 1) Partial payment, renovation of Lenox Community Center, ABJ Enterprises. :� Amount: $18,108. � The motion passed 6-0. �� It �aas moved by Councilman Meland, seconded by Coun�ilman Ralles, to waive reading and adopt Resolution No. 6255, entitled "Resolution accepting work on fire station insulation," on the following f inal payment: 2) Final payment, fire station insulation, Wells Contracting��Company. Amount: $14,350. � The motion passed 6-0. 14. Adjournment xecording 5ecretary On motion by Councilman Meland, seconded by Coun ilman Martin, the meeting was adjourned 10:1�p.m. by a vote of 6-0. Irvin May or Yl� . M. Sltern at