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HomeMy WebLinkAbout1984/10/15 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 15, 1984 1. Call to Order A regular meeting of the City Council was called to order at 1:35 p.m. by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call The following members were present at roll call: Ronald Backes Jerrold Martin Keith Meland Larry Mitchell Richard Strohl Lyle Hanks Also present were the City Manager, City Attorney, Director of City Development and Director of Public Works. 4. Approval of Minutes hearing held October 1, 1984. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the minutes of the revenue sharing It was moved by Councilman Mitchell, seconded by Councilman Backes, to approve the minutes of the City Council meeting October 1, 1984. Councilman Meland noted he was not present at the study session held September 24, 1984. The motion passed 6-0. 5• Approval of Agenda The motion passed 6-0. It was moved. by Councilman Strohl, seconded by Councilman Mitchell, to approve the consent agenda for October 15, 1984. It was moved by Councilman Meland, seconded by Councilman Stroh], to approve the agenda for October 15, 1984. The motion passed 6-0. 6a. Restaurant classifications/ jquor es icens ution o. 84-169 PUBLIC HEARINGS Restaurant classifications, guidelines for issuance of new on -sale intoxicating liquor licenses -194- City Council meeting minutes October 15, 1984 There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Meland, to waive first reading of an ordinance amending the zoning ordinance classification of restaurants and set second reading for November 5, 1984 and authorize summary publication. In answer to a question from Councilman Stroh] regarding clarification of just what this amendment was, Councilman Meland said it reflected changes in the marketing techniques of restaurants where tables are waited upon as well as changes in square footage requirements. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, to waive first reading of an ordinance amending the liquor licensing ordinance definition of restaurants and set second reading for November 5, 1984. The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Martin to waive reading and adopt Resolution No. 84-169 entitled, "A resolution adopting guidelines in the City of St. Louis Park concerning the issuance of new on -sale licenses for the sale of intoxicating liquor." The motion passed 5-1 (Councilman Strohl opposed). 6b. Special permit: Concord Realty Request for special permit: 5224 Resolution No. 84-170 W. 26th St., Concord Realty Investment for construction of cluster housing development James Chinlund, 2607 Raleigh Ave. So., questionned the wording of the Notice of Hearing, especially relative to flood plain provisions and water runoff. The Director of City Development said the application did not deviate from policies regulating the flood plain or water runoff, that a special permit would allow him to proceed with his plan. Mayor Hanks asked if the watershed district had given approval as concerns the water runofff, to which the Director said the District had approved the plan without conditions. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future time. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-170 entitled, "A resolution granting -195- City Council meeting minutes October 15, 1984 permit under Sections 14-123.100(2) and 14-136(4) of the St. Louis Park ordinance Code relating to zoning to permit the construction of a cluster housing development and to allow placement of fill in a floodplain for property located in the R-3, two-family residence district and F-2, floodplain district, at 5224 W. 26th St." Councilman Strohl asked if there were anything in the recommendation which would help control the water runoff that Mr. Chinlund was concerned about. He asked if the District had authority to demand additional storage space. The City Attorney responded he doesn't see the District having the ability to veto. He felt it more appropriate a recommendation come from staff. The City Manager said the ponding area in Twin Lake might be utilized. Councilman Mitchell said the prior concern of the District was that the developer compensate equally in the matter of the runoff and he wondered if this were being done. The City Manager said that the drainage plan which would accompany the development would be so designed to control the runoff. The motion passed 5-1 (Councilman Strohl opposed). 6c. Lupient auto center Request for special permit: 7205 Resolution--No-.-84-1-71 Wayzata Blvd., Jim Lupient Olds for auto rental and automotive service center Mr. Harris, 7224 W. 14th St., asked why a special permit was being requested for property that is to be condemned for I-394. Mayor Hanks said nothing is to be done to this property until 1988. Mr. Harris wondered in the neighbors would have noise problems such as they have had with the dealer's public address system. Councilman Backes said the City's noise ordinance should allay that type of problem. Councilman Martin said this facility was for leasing and repair, not sales. There being no one further wishing to speak, the Mayor declared the public hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-)71 entitled "A resolution granting Permit under Section 14-156(6) and 14-156(18) of the St. Louis Park Ordinance Code relating to zoning to permit auto rental and an automotive service center for property located in the B-2, General Business District, at 7205 Wayzata Blvd." with the addition to Condition 5 that no outdoor public address system be allowed. The motion passed 6-0. City Council meeting minutes October 15, 1984 6d. Edward's Restaurant Request for special permit: 9920 Wayzata Blvd., Edward Christie to modify approved site plan for delicates- sen and Class I Restaurant There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Meland, to authorize preparation of a resolution of approval. In answer to a question from Councilman Backes, the Director of City Development said that Council had previously approved a special permit at this location when the restaurant was Naegele's, and that now the new lessee wants to change the driveway and make other minor modifications. Councilman Mitchell said that the Planning Commission denied the request because there was a non -conforming billboard on the site and asked if this were correct. The City Manager said this was somewhat of an unusual matter in that there was no record of a permit having been issued when the billboard was constructed. Councilman Meland said that Naegele said they had a permit in their file and that the City would be checking into this. Councilman Martin felt that since there was some confusion over the billboard matter, it was inappropriate for Council to refer to it as "non -conforming" as those were the Planning Commission's words. The motion passed 5-1 (Councilman Mitchell opposed). 6e. Permit for office Elmer Nordstrom said that he the unacceptable elements on footage. Request for special permit: 4107 Excelsior Blvd., 3600 Huntington Ave. So., Elmer Nordstrom, to permit an office had submitted a new plan to the City to correct his first plan, parking congestion and square The Director of City Development said Mr. Nordstrom had submitted this second plan after the Planning Commission had denied the original plan so they had not had time to review it. He felt he could not speak as to how the Commission would receive the second plan. He pointed out that some lilac hedges along the property line had been removed on the second plan. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Meland, to continue -197- City Council meeting minutes October 15, 1984 the hearing to November 5. Mayor Hanks said he had a problem with this plpn relative to the Comprehensive Plan. The motion passed 5-1 (Mayor Hanks opposed). 6f. Petition for vacation Petition to vacate public street: Victor Carlson & Sons, W. 18th St. lying between Brunswick Ave. and MN&S railroad tracks David Serie, 1661 Brunswick Ave. So., said he was the only one of 12 residents in the immediate area who received notification of the hearing. Councilman Martin asked if there were a public need for the land. Mr. Serie said there were lots of kids in the neighborhood and that 18th was a dead end street. He felt this was the only way for the kids to get across the tracks. He expressed his concern over development of the property into cluster -type homes with a single street to serve it. Councilman Mitchell said the Planning Commission had been concerned about the proximity of any development to the tracks and the contingent safety factor. Berniece Niemann said the grass on the property had been mowed once to her knowledge. She said she couldn't imagine this street handling 12-14 additional cars if the developer was indeed proposing 7 units. She said she had not been notified of any hearing. Councilman Mitchell said he was concerned over who was to hear about this hearing. The City Attorney said that State statutes do not specify, but that the City's ordinance does specify that date, time and place of hearings to be published in the official City newspaper. Any other notice sent would be as a courtesy. Mayor Hanks informed Mrs. Niemann that the developer would have to apply for a special permit before building anything. The Planning Director said that in the case of a public hearing, all residents within 350 feet would be notified of the hearing by letter. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Strohl, seconded by Councilman Meland to continue the hearing to November 5, 1984. The motion passed 6-0. -198- City Council meeting minutes October 15, 1984 6g. Mandel-Boderman addition Proposed preliminary plat of Mandel- Boderman addition There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the preliminary plat. The motion passsed 5-1 (Councilman Strohl opposed). 6h. Bass Lake partnership: IR bonds Bass Lake Partnership: Request for Resolution No. 84-172 industrial development bonds There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-172 entitled, "Resolution giving prelim- inary approval to a project with Bass Lake Partnership under the Minnesota Municipal Industrial Development Act, giving preliminary approval for the issuance of commercial development revenue bonds to finance the project, authorizing the submission of an application for approval of said project to the Energy and Economic Development Authority of the State of Minnesota and authorizing the preparation of necessary documents." The motion passed 6-0. 6i. S 8 A Restaurants Special permit: S b A Restaurants, eso I ut ion o. -173 6475 Wayzata Blvd. to permit a Class I restaurant There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt Resolution No. 84-173 entitled, "A resolution granting permit under Sections 14-156(17) and 14-195(1) of the St. Louis Park Ordinance Code relating to zoning to permit a Class I Restaurant on property zoned B-2, Business, and located at 6475 Wayzata Blvd." The motion passed 6-0. 6j. Housing plan amendments Proposed amendments to City's Housing Resolutions 84-1/4 TF -u- 177 Plan b Program There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Martin, seconded by Councilman Meland to waive -199- City Council meeting minutes October 15, 1984 reading and adopt Resolution No. 84-174 entitled, "Resolution for a program amend- ment of the Housing Plan and Program 1979-1983 of the City of St. Louis Park." The motion passed 5-0-1 (Councilman Backes abstained) It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution 84-175 entitled, "A resolution giving preliminary approval to a multi -family rental housing project under Minnesota Statutes, Chapter 462Cd." The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 84-176 entitled, "A resolution giving preliminary approval to a multi -family rental housing project under Minnesota statutes, Chapter 462C." The motion passed 5-0-1 (Councilman Backes abstained). It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-177 entitled, "A resolution giving preliminary approval to a multi -family rental housing project under Minnesota statutes, Chapter 462C." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Letter from John Mulhouse 1b. Yellow Taxi Service Council took no action on a letter from John Mulhouse Request to reconsider approval of 33 licenses for Town Taxi A letter from Yellow Taxi Service requesting reconsideration of 33 licenses issued to Town Taxi was ordered filed by consent. 7c. Eliot Advisory Council Request for waiver of fee: Eliot Advisory Council It was moved by Councilman Mitchell, seconded by Councilman Martin, to grant a waiver of the fee. The motion passed 6-0. 7d. Traffic control request Request for traffic controls: 8400-8600 block of W. 35th St. It was moved by Councilman Meland, seconded by Councilman Martin, to refer the request for traffic controls to staff to conduct a traffic study. -200- City Council meeting minutes October 15, 1984 The motion passed 6-0. 7e. Blue and White Taxi Request to set request for 23 in St. Louis Park public hearing on licenses to operate It was moved by Councilman Meland, seconded by Councilman Backes to deny the request. In answer to a question from Councilman Martin, the City Attorney said that the City's ordinance code does provide that a public hearing be set upon submittal of an application. Councilman Meland withdrew his motion. It was moved by Councilman Martin, seconded by Councilman Meland, to set a public hearing for November 5, 1984. Mayor Hanks asked what the procedure would be to set a moratorium on the issuance of additional taxi licenses, to which the City Attorney responded that a moratorium would need to be related to the necessity for additional study. Councilman Martin said the City's survey has shown the need is met. Mayor Hanks said perhaps the wording in the ordinance code relative to setting of public hearings once applications are submitted could change "shall" to "may." The motion to set the public hearing passed 6-0. It was moved by Councilman Mitchell, seconded by Councilman Martin to review the ordinance for a possible change in wording and that it be reviewed at an upcoming study session. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Redevelopment ordinance Second reading of redevelopment ordinance ordinance No. 3=84— It was moved by Councilman Meland, seconded by Councilman Martin to waive second reading and adopt Ordinance No. 1633-84 entitled "An ordinance establishing land use controls in redevelopment districts." The motion passed 6-0. 8b. 1985 budget Second reading of an ordinance adopting ordinance No. 1634-4 the 1985 budget. It was moved by Councilman Backes, seconded by Councilman Meland, to waive -201- City Council meeting minutes October 15, 1984 second reading and adopt Ordinance No. 1634-84 entitled, "An ordinance adopting the budget for fiscal year 1985 and amending the 1984 budget as adopted by Ordinance 1608 and amended by ordinances 1615-84, 1617-84, 1626-84, 1627-84 and 1629-84." The motion passed 6-0. 8c. Building permit expiration Ordinance relating to building permit expiration for exterior finishes of one and two-family residences It was moved by Councilman Martin, seconded by Councilman Meland, to waive first reading and set second reading for November 5, 1984 and authorize summary publication. The motion passed 6-0. 8d. Cable tv rate increase Storer Cable: Resolution of denial in re request for increase in basic cable rate Frank Abramson, Michael Garelick and James Erickson spoke in favor of the proposed increase, Mr. Abramson noting the Citizens Cable TV Advisory Commission had approved the request without dissent. In response to comments made by Mr. Erickson relative to the CTIC report, Councilman Mitchell asked what rate of return would the company feel is desirable. Mr. Erickson commented that an 8 percent rate of return would be very desirable but that figure was not wholly realistic in the existing marketplace. Councilman Mitchell asked if it were possible to obtain a subscriber list, to which Mr. Erickson said Storer would prefer not to release the list cognizant that subscriber privacy is important. Councilman Mitchell felt the system was heading towards a maintenance role. Councilman Backes commented that Council was dealing with a proposed rate increase, and felt that Council was getting involved with questions of a managerial nature. It was moved by Councilman Backes, seconded by Councilman Martin to direct staff to prepare a resolution of approval for the November 5, 1984 meeting. The motion failed 3-3 (Councilmen Meland, Mitchell, Strohl opposed). It was then moved by Councilman Backes, seconded by Councilman Martin to defer the matter to November 5, 1984. The motion passed 4-2 (Councilmen Mitchell and Strohl opposed). -202- t City Council meeting minutes October 15, 1984 8e. Amount for depository Resolution No. - Designation of maximum amount to be kept in depository It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-178 entitled, "Resolution increasing designated maximum amount to be kept in depository." The motion passed 6-0. 8f. Securities for collateral Approval of securities for collateral It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 184-179 entitled, "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN." The motion passed 6-0. REPORTS FROM OFFICERS, BOARD, COMMITTEES 9a. Telecommunications consultant Selection of a telecommunications consultant It was moved by Councilman Meland, seconded by Councilman Martin, to authorize execution of a contract with Epic USA in an amount not to exceed S8,250. The motion passed 5-1 (Councilman Strohl opposed). 9b. Reforestation A report on the City's reforestation program was received for filing on a motion by Councilman Martin, seconded by Councilman Backes which passed 6-0. 9c. Highway 100 right of way Deed to State highway right-of-way It was moved by Councilman Meland, seconded by Councilman Martin, to accept the quit claim deed and to record same. The motion passed 6-0. 9d. Amendments to Comp Plan It was moved by Councilman Meland, seconded by Councilman Martin, to set a public hearing on proposed amend- ments to the Comprehensive Plan for November 5, 1984. The motion passed 6-0. 9e. Financial report 9f. Park b Rec minutes The September 1984 financial report was filed by consent. The minutes of the Parks b Recreation Commission meeting held Oct. 3. 1984 were ordered filed by consent. -203- City Council meeting minutes October 15, 1984 9g. CRC minutes 9h. HRC minutes 9i. Planning Commission minutes 9j. Cable TV Commission minutes 9k. HRA/City Council minutes 91. NRA minutes 10a. Boards & Commissions None. The minutes of the Community Relations Commission meeting held September 13 were ordered filed by consent. The minutes of the Human Relations Commission meeting held September 19 were ordered filed by consent. The minutes of the Planning Commission meetings held September 19 and October 3 were ordered filed by consent. The minutes of the Cable TV Advisory Commission meeting held September 27 were ordered filed by consent. The minutes of the joint Housing and Redevelopment Authority/City Council meeting held September 25 were ordered filed by consent. The minutes of the Housing and Redevelop- ment Authority meeting held September 25 were ordered filed by consent. UNFINISHED BUSINESS Mayor Hanks asked that a letter of appreciation be sent to Peg Gingerich, who has resigned from the Community Relations Commission. NEW BUSINESS MISCELLANEOUS 12a. Claims Douglas Harvey, 3626 Harriet Ave., • Mpls. By consent, the claim was referred to the City Clerk and City Attorney b. Communications from the Mayor Mayor Hanks reminded Council of the Lion's Club recognition dinner. Councilmen Martin, Meland and Duffy would be part of the Park Cable Works telethon. 12c• Communications from the City Manager The City Manager said that the light rail transit study was coming to a conclusion and that the next step would be a public hearing with the results -204- City Council meeting minutes October 15, 1984 of the environmental impact study to be presented and then to the Governor in January or February of 1985. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Martin that the list of verified claims, prepared by the Director of Finance dated October 15, 1984 in the amount of $1,078,538.92 for vendor claims and $11,921.17 in payroll claims be approved and that the City Manager and City Treasurer be authorised to issue checks in the appropriate amounts. The motion passed 6-0. 14. Adjournment a� Pft Smith, ecor ing ecre ary It was moved by Councilman Meland, seconded by Councilman Martin, that the meeting be adjourned at 10:30 p.m. ')4 01). arr -205-