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Home My WebLink About1979/05/21 - ADMIN - Minutes - City Council - Regular� �_..____-_ __..._�--- -_. _. 1. 2. 3. Ca�l to Order Invocation Roll Call MINUTES CITY COUNCIL MEETiNG ST. LOUIS PARK, MINNESOTA May 21, 1979 A regular meeting of the City Council was called to order by Mayor Stern at 7:31 p.m. None. The following Councilmen were present at roll call: Ronald Backes Jo�in Ralles Keith Meland PTartha Elstrom Jerrold Martin Irving Stern Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes Council meetings It was moved by Councilman Backes, seconded by Councilman Martin, to approvE the minutes of the City Council/�iousing Authority meeting held April 24, i979; the minutes of the regular City held April 16 and May 7, 1979, as presented. The motion passed by a majority vote; abstained. 5. Approval of Agenda The motion passed 6-0. Councilmen not present at meetings, It was moved by Councilman Meland, seconded by Councilman Ralles, to apprave the consent agenda for Piay Z1, 1979, as presented. It was moved by Councilman Meland, the agenda for May 21, 1979, with apartments. The motion passed 6-�- seconded by Councilman Ralles, to approve the addition of item lld, Twin Fountain -137- -��., . -ru � >;� - """'� City Council minutes, May 21, 1979 ia. Piz��. Liquoz I,icense PUBLIC HEARINGS Application for transfer of nonintoxicating Iiq�n� license; Park P3:zzeria, 4b00 Excelsior Boulevard, as described in Notice of Hearing published May 9, 1979• There being no one present wishing closed. It was moverl by Councilman Ralles, the request. The motion passed 6-0. Application of Harold Goldberg for variance in required front yard setback �at 1640 Oregon Avenue, as described in Notice of Hearing published May 2, �979. to speak, the Mayor declared the hearing seconded by Councilman Martin, to approve 6b. Variance; 1640 Oregon Avenue 6c. The applicant was available to answer questions. There being no one further wishing hearing closed. to speak, the Mayor declared the Councilman Meland described the request and an alternative design which was discussed at the April 26, 1979, Board of 7oning Appeals meeting. He noted that the Board recommended denial of the request by a vote of 2-1-I. It was moved by Councilman Meland, seconded by Councilman Ralles, to authorize preparation of a resolution approving the variance request for adoption June 4, 1979. The motion passed 5-1 (Councilman Backes opposed). Alley Pa�'in$ Improvement No. 75-39, a11ey paving between Edgebrook Drive and North Street, as described in Notice of Hearing published May 9& 16, 1979• There being no one present wishing to speak, the Mayor declared the hearin� closed. It was moved by Councilman Meland, seconded by Councilman Backes, to order the improvement and authorize advertisement for bids. The motion passed 6-0. After discussion, the Council requested a report on the possibility of allowing 20 years for payment, as suggesCed in the staff �eport. In response to Councilman Backes, the Director of Public iJorks stated the project would be completed during the 1979 constrt�ction season. -138- 6d. Gedarhurst Paving City Council minutes, May 21� 1979 Improvement No. 79-04, paving, curb and gutter, Cedarhurst, as described in Notice of Hearing published riay 9& 16, 1979. Jeff Parker, property owner at 1622-24 Natchez Avenue, stated the improvement on Natchez Avenue would creat� an unfavorable parking situation in that removal of the exist�ng head-in parking would force some of the tenants to park on the street. He admitted the current parking is on public right of way, but explained the tenants currently have two cats each for a total of four cars; the building next door has no garage or driveway, which makes it difficult, and he requested the project delayed until a solution is found. Councilman Marti.n noted that frequently persons owning two cars find it necessary to park one car in the garage and one on the street. Donald Lundeen, 1632 Natchez Avenue, stated the property is without garage, parking and driveways, and the only parking is on-street. He requested the project delayed until a solution is found. There b eing no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Elstrom, seconded by Councilman Meland, to order the improvement and authorize advertisement for bids; staff was requested to meet with the residents in an attempt to arrive at a solution to the parking diff iculty on Natchez Avenve, for Council approval at bid award. Zn response to Councilman Backes, the City Manager explained that should the Council approve the revocation of Cedar Lake Road, its improvement could be included within the project.. He added that the residents on Cedar Lake Road were notif ied of the public hearing. � The motion passed 6-0. 6e. Si�n Ordinance Penny's include First reading of Ordinance Code amendment relating to signs, as described in Notice of Hearing published May 2, 1979. Mayor Stern explained the representative of could not be present and requested the Chamber of Commerce to in its presentation any concerns relating to that business. Brian 0'Brien, Hoi aard's,.said the ordinance discriminatory, biased and g would create a hardship. Ne said the lettering on Hoigaard's was in keeping with the overall appearance of the area. He continued that due to changes in the intersection of Highway 100 with West 36 Street, the main entrance has been blocked off entirely anosedeordinanceewouldSrequire theect customers to the store. He said the prop removal of expensive signs plus Che Naegeleeaithe�ordinancehbeftableduxd lose the revenue it prod�aces. He recommend for properties located within industrial arTososed�ordinance would allow Counci1man Backes, Mr. 0 Brien stated the p P 550 square feet of sign area compared with the 800 square feet which currently exists. -139- 1� J s , � � 1 � 1 , City Council minutes, May 21, 1979 In response to Councilman Backes, the Planning Director discussed the e si n area for Hoigaard s, taking advantage of bonus, etc. He possibl g indicated to Mr. 0'Brien that he would be available to review specific figures including building size, acreage, etc., to determine the maximum signage allowed for the property. Mary Jane Laiderman, Assistant Director of the West Suburban Chamber of Commerce, read the Chamber's position opposing the proposed ordinance. Copies of the statement were presented to the Council and the staff tor the file. Randy Mueller, stated he owns a sign company at 7601 Minnetonka Boulevard, and relied almost entirely upon the building signs, including rooftop sign, to attract customers. He said SO percent of his business is the sale of window signs. It was his opinion that municipal government does not have the right to regulate signs in that they do not adversely affect the public welfare and safety. He added he did not meet with the Sign Committee and was not aware of its deliberations, although about one year ago, the Mayor mailed him materials and indicated he would be notif ied of meetings. Jerry Dokka, representing Methodist Hospital, explained that upon completion, Louisiana Avenue would be a major entrance to the Hospital and would require directional signage. He noted that under the provisions of the current ordinance, the Hospital currently has the maximum signage allowed; therefore, he anticipated a problem. George DuFour, 3755 Glenhurst Avenue, referred to Section (3)f of the proposed ordinance and requested that the required 9,000 square feet of lot area required for free-standing signs be deleted. He suggested the requirement would create a hardship for persons owning small lots, in that the erection of signs is one of the few uses which can be made of such properties. Harold Haskovitz, 8143 Westwood Hi11s Drive, owner of a television repair shoP� said it is a invasion of his rights for the government to determine what type signs can be placed in his windows. He added the signs are important for business, in that he has been very limited as to outside signs. A pet•ition opposing the proposed ordinance was presented from the commercial tenants of the Texatonka shopping center. Nathan Goldstone, 2725 Quentin Avenue, owner of the Brookside Drug Store, opposed the ordinance, especially as it related to window signs. Tom Gegax, Park Tire and Auto, 7000 West Lake Street, opposed the ordinance. He said potential customers travel past his establishment from fovr communities, and as St. Lovis Park becomes more restrictive it laces his business at a disadvantage. ' p Darrel Hamm, 6947 West 40 Street, referred to the rooftop sign at Citizens State Bank and believed without regulations, similar signs could be allowed. He continued that the sign has been dimmed somewha[, but it remains an irritant. -140- ) City Council minutes, Nfay 21, 1979 �raig Lofquist. Naegele Advertising Company, requested the omission of Szctions (3)f and lb (page 9) relating to billboards. Tfiere being no one further wishing to speak, the Mayor declared the hearing closed. Councilman Martin exp lained he served on the Council Sign Comaaittee and belie�ed the ordina�ce contained many good qualities thrvugh which businesses and the co�e�nity would benef it; however, in light of comments, he suggested soa+e coacerns were perhaps not covered. It was moved the item. by Councilma❑ Martin, seconded by Councilman Meland, to table The motion passed 5-1 (Councilman Backes opposed). Councilman Backes reminded the Council that revisions to the Ordinance Code relating to signs have been discussed since March, 1970. He said persons speaking in oppos ition to the amendments had participated with the Sign Committee and staff in its formulation for over one year. He noted that several changes were inconsistent with the Committee's recocmnenda- tion and s�ggested the matter be continued and that staff conduct a series of informational meetings for specific advice. He felt the Chamber's comments were not �onstructivP in that they contained no suggestions for improvement, and he wondered if the Chamber preferred the existing ordinance. Councilman Martin requested that comments and/or recommendations relative to the ordinance be submitted to staff in written form. Councilman Backes stated the Council Sign Committee work and sent its message to the Council on January should the Council wish to reactivate the Committee, direction. had concluded its 4, 1979; therefore, he requested Council Mayor Stern requested that the June 4, 1979, Council agenda contain "F�ture of the Sign Ordinance." PETITIONS, RE�S � COMMUNICATIONS 1a. Senior Citizens Zionth on behalf of the Senior 8a. Diseased Elmwood; Ordinance No. 1442 Proclamation designating May as Senior Citizens Month in St. Louis Park. Mayor SCern presented the proclamation to Donald and Katherine Spra�ue, who accepted it Program. RESOLUTIONS AND ORDINEIN�ES p dinance Code amendment Second teading of r telating to diseased elmwood. -141- � k. if� . � � �� Cy Council minutes, May 21, 1979 Councilm�n Ra11Es, seconded by Councilman �:lstrom, t� It coas m��ed bY and adopt Ordinar►ce No. 14k2, entiCled "An waive second reading or dinance �mending Section 6-202(2) of the St. Louis Park Ordinance Code relating to di�eased trees." The motion passed 6--4• gb, Zonin� Change; Ordinance No. 1443 Second reading of classif ication at State Bank. ordinance amending zoning 3009 Joppa Avenue; Citi2ens It was moved by Councilman Martin, seconded waive second reading and adopt Ordinance No• amending the St. Louis Park Ordinance Code, zoning districts." by Councilman Meland, to 1443, entitled "An ordinance changing boundaries of The motion passed S-1 (Councilman Ralles opposed). gc. B. Dalton; Resolution No. 6266 :. Resolution granting special permit to B. Dalton Bookseller to permit drive-up window at 5001 Excelsior Boulevard (authorized May 7, 1979). Thomas Burke, B. Dalton Bookseller, req�ested that the special permit be amended to expire upon lease termination; he also expiained that the Company's Board of Di.rectors could not agree to participate in the extension of the plaza area unless the financial information was available. Responding to Councilman Meland, he explained the lease provides that the Company would be responsible for special assessments; however, staff did not specify what they may entail. It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6266, entitled "A resolution amending Resolution No. 6015 granting permit under Section 14-124.101 of the Zoning Ordinance to permit the use of a drive-up window with auxiliary signing for property located in the Planned Unit Development District at 5001 Excelsior Boulevard," amending Condition No. 2 to state the special permit sha11 expire December 31, 1988. The motion passed 6-0. Westmoreland Lane; Resolution No. 6267 Resolution requesting State designation of 25 mPh speed Iimit at Westmoreland Lane (requested May 7, 1979). Resolution No. 6267, entitled "Resolution requesting State designation of 25 mph at Westmoreland Lane," was adopted by consent. 8e. Fire�orks; Resolution authorizing fireworks on cicy-��ed Resolution No. 6268 property July 4, 1979. Resolution No. 6�68* entitled "Resolution grantinS temporary use of City property," was adopted by consent. —142— .a..�--- _ ,.,..P,,,,�..__.._ . _- -- - -- - - -_._ City Couacil minutes, May 21, 1979 REPORTS OF OFFICERS BOARDS AND COI�II�IITTEES 9a. Numan Rights CO�1S510p gb, Park and Recreation Coamnission gc. Planning Commission 9d. Housing Authority 9e. Board. of Appeals 9f. Citizens State Bank; Resolution No. 6269 The minutes of the Numan Rights Commission meeting held April 18, 1979, were ordered filed by consent. The minutes of the Park and Recreation Advisory Commission meeting held May 9, 1979, were ordered f iled by consent. The minutes of the Planning Commission meeting held May 2, 1979, were ordered filed by consent. The minutes of the Housing and Redevelopment Authority meeting held May 8, 1979, were ordered filed by consent. The minutes of the Board of Zoning Appeals meeting held April 26, 1979, were ordered filed by consent. Special permiC request of Citizens State Bank for drive-in bank at 4201-4209 Minnetonka Boulevard� The City Manager called the attention of the Council to Condition No. 3 of the resolution which requires modification of the frontage road north of Highway 7. lie said although the modification is included in an improvement project proposed by the State, there is some concern that the State project may not be completed prior to construction of the bank; therefore, it may become necessary for the improvement to be constructed as a special project and assessed to the property owner. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6269, ent�t��Ordinancelrelatingatoizoning permit under Section 14-156(11) of the Zoning to pertnit a drive-in bank for property located in the B-2 Business District at 4201-4209 Minnetonka Boulevard." The motion passed 6-0. 9g. Human Services Coordinator lii�man Servi�es Co�r,dina�c�x'; M. & C. No. 79-18 (requesCed February 20, 1979)• Cotmcilman Mel�nd �p�es�c� I `ob].en�oit1�cco�nCabilitya a report on the marter, the C.ouncil. af;r�ea A�� n coul.d exisC in the coordinatii_on of human �Er�{'��c�nsid�r.ed�during blud�et report a coa� rehensive doGument which �hould b review. Ma or Stern �rdered the documenl: r.ece�.ved �O�" ��,f��11��.19II0�CityPbud�etnly y s�nd to be revi.ewed durin� tl�e C�unc:1J, e r.ev�iew < -1.u3- F , �� City Council minutes, May 21, 1979 Th� Council discussed forwarding copies of the report t RPlations Commission and the Healtt� Advisory Committee. a simi.lar rep�rt Would be presented to the commissions purposes. 9h. Rig i3en's; Resolution No. 6270 9i. o the Community It was agreed that for informational Amendment to special permit relating to Big Ben's Restaurant in Shelard Park. A representative of the establishment was present Co respond to questions. It was moved by Couticilm�n Mel.and, seconded bentitledl'r'Anresolution�amendin w��i.ve r.e�di.ng and adopr Res�lu�i.on No. 6270, 8 Resolution N�. 6229, �mendin�; R�salution�Noo�6�he'Sta�LouisJParkrOrdinance� grantit�g permit t«Zd�r SecCion ].4-195(1) ( ) Cocic r.elal-i�ng to zc�ni.n� t� n�rmi r Commercial and Reaidential Development Units in the I�-2 ancl R-ii pistricta in Shelard Park." Tl�e moCion pAased 5-0-1 (Counci.lman Backes abstained) . Sewer Rates ordinance and set second 5ewer rate adjustment (M. & C. No. 79-16). It was moved by Councilm�n Martin, seconded by Councilman Ralles, to waive f irst reading of reading for June 4, 1979. Councilman Meland stated that prior to apptoving rate increases, it would be appropriate to request the Metropolitan Waste Control Commission to provide evidence in support of its continuing fee increases, including a report on the equity of the service charges with respecC to other communities. It was moved by Councilman Meland, seconded by Councilman Elstrom, to defer first reading of the ordinance to June 4, 1979. � Councilman Backes explained the Metropolitan Council has control and monitors the Metropolitan Waste Control Commission. He did not object to the request for an accounting of the Commission's operational costs, but believed it incorrect to defer action upon the matter, in that the City's fund deficit continues to increase. 7n response to Mayor Stern, Councilman Meland suggested policies may be contained within the Commission's adopted budget. He also stated that St. Louis Park is experiencing a partial deficit because the residents' rate of consumption has declined due to cooperation with the Council's request that they attempt to conserve water. , The Covncil requested that a representative of the Commission be invited to appear at its June 4, 1979, meeting to respond to questions. The motion. to defer passed 6-0. -144- 10a, lOb. Appointments City Council minutes, May 21, 1979 UNFINISNED BUSINESS Appointments commissions. to City advisory boards and It was moved by Councilman Martin to appoint Nathan Goldstone to an unexpired term on the Fire Civil Service Commission. There was no second to the motion. After discussion, it was moved by Councilman Martin, seconded by Councilman Meland, to defer the matter to June 4, 1979. The motion passed 6-0. Towin Towing of City vehicles. In response to Councilman Martin, the City Manager explained general information relating to the staff study had been conveyed to the present contractor and via oral communication, it did not voice objections shouid the City pursue one of the suggested alternatives. Councilman Backes was opposed to the City performing towing and storage services due to increases in wages and gasoline costs. He said some increase in the present contract may be justified, although somewhat less than requested. Councilman Martin believed that from a public rel.ativns standpoint, it would be a mistake f or the City to become involved in the storage and towing of snowbirds and vehicles involved in the arrest of an occupant. He did not think it would be well received by the public. Councilman Me�.and stated Councilman Hanks has had many constituent complaints regarding the present vendor, and the Council may wish to add conditions to the contract related to service. It was moved by Councilman Meland, the item to June 4, 1979. seconded by Councilman Backes, to defer Councilman Meland suggested i�t may be appropriatndp=at staff inquire whether in services are subcontracted by the ve some tow g The motion passed 6-0. 10c. Street � Revocation Revocation of portions France Avenue (M. & C. from May 7, 1979. of Cedar Lake Road �.nd No. 79-17); deferred It was moved by Councilman Meland, seconded by Councilman Ralles, to defer the matter to June 18, 1979. The moCion passed 5-1 (Councilman Backes opPosed). City Council minuCes, MaY 21� 1979 lOd. Mort a e Revenue Bonds; Darrel Farr Resolution granting preliminary approval for mortgage revenue bonds; Darrel Farr Development Corporation (tabled May 7, 1979). Roger J. tdikner, Miller and Schroeder Municipals, explained the State Legislature had not yet acted upon a bill, but he envisioned the adoption of Iegislation which would provide tax-exempt f unds for the financing o� the Darrel Farr condominium project in the Excelsior Boulevard Redevelop- ment Distr�ict. It was mo�ed by Councilman Martin There was no second to the motion. to remove the item from the table. - Councilman Ralles asked why it was imperative that the Council grant preliminary approval immediately. It would be pref erable, he continued, to defer approval until an opinion has been rendered by the City's bond counsel. `�. � � Mr. Wikner described the legislation's possible retroactivity and said preliminary approval indicating the intent of the Council would be an advantage. Further responding to Councilman Ralles, it was his opinion that the vronosals before the f ederal government are more liberal than the State bills. Councilman Ralles wondered what percent of the $8.5 million bond sale would be commited for lawyers' fees, underwriters, etc.; he asked if a report that $.18 of each dollar is designated for these services is correct. Mr. Wikner responded that approximately 3 perce:�t of the principal �ould �� be necessary for lawyers, printing, insurance, etc. He said the bonds are sold at 7 percent interest and reinvested at 9 percent; therefore, the procedure is complicated and diff icult to explain. Mr. Wikner requested inclusion of the item on the Council's June 4, 1979, agenda. �� lla. Street Lighting Contract llb. IVEW BUSINESS Extension of contract. � time; Meadowbrook street lightia8 The Council approved an amendment to Contract No. 1294, Collins Electric Company, extending the completion da[e froe May 15, 1979, to May 25, 1979, by consent. Gamblin�; Application for gambling license; VFW Post Sb32• License; VFW In response to Councilman Backes, John Dole, �'`�'�• explained although raffles had been conducted �� the past, the State now requires a license and f ee, He said the tipbcard would be available in-house to the membership; the raffle tf cket� woul�' be sold outside the building but within the VFW District. Respo�ding «' Cvuncilman Elstrom, he said the profits derived from the events Would he -146- City Council minutes, May 21, 1979 used for tl�� o�eration o� �� VFW i� addit�� t��l� pur•po�@e �u�l� as the scholarship f und, hockey team, etc. It was moved by Councilman Ralles, seconded by Councilman Meland, to approve the license. The motion passed 4-1 (Councilman Elstrom opposed; Councilman Mar�in was not present). llc. Block 4, Oak Park Village Purchase agreement/liability clause, Block 4, Oak Park Village. It was moved by Councilman Meland, seconded by Councilman Ralles, to approve and authorize execution of the agreement. The motion passed S-0 (Councilman Martin was not present). lld. Twin Fountains Saf ety problem at Twin Fountains apartments; Shelard Park (requested by Councilman Martin). � Councilman Martin explained he had been contacted by a citizen reporting that, although occupied, the Twin Fountain apartments had inadequate road access, fire protection, etc. Darrel Farr, developer, stated that in January, 1979, an Occupancy Permit was issued by the City, and tenants have occupied the first building of the complex. He explainde uate accessgandhfiremhydrantsf the complex is under construction, a q exist to meet City requirements. Councilman Martin requested 12a. Damage claims a staff review of MISCELLANEOUS Damage claims the matter. Doris Miller, 304 West Eagle Lake Drive. sent the Council authorized the claim filed with the Cit}� Clerk By con , and City Manager. for proper action by City Attorney 12b. Communications from Mayor invited the Council The Commander of th� � Services at to par�icipate in Memarial Day 11 a.m., May 28� at Wolfe Park. 4211 Brookside Avenue - The City Manager 12b. Communications �� ection of the City-owned reported that upon insp . from City Manager it had been house at 4211 Brooks�ideUirenextensive repairs. detern►ined it WOrounde�therefore, if the Council He continued that it is located on Park g concurred� the property would be razed. -147- c , City Council minutes, May 21, 1979 . - The City Manager explained the School 2) Lenox Comnunity Center District has authorized and agreed to f inance renovation of two roomS at the Lenox Senior CenCer for use by a preschool program; a change order with the City's contractor has been prepared f or this work. It was moved by Councilman Meland, seconded by Councilman.Backes, to authorize a change order of Contract 1300, A.B.J. Enterprises, increasing the contract amount by $17,374, from $261,264.05 to $278,638.05. The motion passed 5-0 (Councilman Martin was not present). 3) Land Acquisition Westwood Hills - It was moved by Councilman Meland, seconded by Councilman Ralles,.to authorize filing of appeal of Commissioner's award dated April 19, 1979. The motion passed 5-0 (Councilman Martin was not present). CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified It was moved by Councilman Meland, seconded by Claims Councilman Elstrom, to approve and authorize payment of the list of verified claims dated May 21, 1979, deleting payment to the Metropolitan Waste Control Commission for SAC charges in the amount of $1,262.25. The motion failed 2-3 (Councilmen Meland and Elstrom in favor; -..r..� Councilman Martin not present) . It was moved by Councilman Ralles, seconded by Councilman Backes, to approve and authorize payment of the list of claims as submitted. The motion failed 3-2 (Councilmen Meland and Elstrom opposed; Councilman Martin not present). It was moved by Councilman Meland, seconded by Councilman Elstrom, to authorize payment of the claims list deleting payment of the SAC charges at $1,262.25. The motion was withdrawn. Upon motion by Councilman Meland, seconded by Councilman Elstrom, the list of verified claims prepared by the Director of Finance and directed to the City Council, �dated May 21, 1979, in the total amounts of $652,S1.4•86 for vendors and $6,697.34 for gayroll were a er, City Clerk and City Treasurer were authorizedptoVissuenchecksCinythensame amounts by a vote of 5-0 (Councilman Martin was not present). -148- � � � � ..,.,�++r"r�`_ .. . . _ City Council �ninutes� May 21, 1979 13b. Co.,, ntract Payments 14. Adlournment �lttes� : �Beverly F1 nagan Recordin� Secretarv NOII@ w On motion by Councilman Backes, seconded by Counciiman Meiand, the meeting was adjourned at lOs 4 p,m, bp a vote of S-0 (Councilman I�lartin wa ot pres t. . �� Irv ng . Stern � May r .� , -149-