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HomeMy WebLinkAbout1984/11/05 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 5, 1984 1. Call to Order A regular meeting of the St. Louis Park CityCoancil was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerrold Martin Richard Strohl Lyle Hanks 4. Approval of Minutes It was moved by Councilman Meland, seconded by Councilman Backes, to approve the minutes of the October 15, 1984 City Council meeting. The motion passed 6-0-1 (Councilman Duffy abstained). It was moved by Councilman Duffy, seconded by Councilman Martin to approve the minutes of the study session held October 25, 1984. The motion passed 6-0-1 (Councilman Strohl abstained). '5• Approval of Agenda It was moved by Councilman Mitchell, seconded by Councilman Backes to approve the consent agenda for November 5, 1984. The motion passed 7-0. It was moved by Councilman Strohl, seconded by Councilman Meland, to approve the agenda for November 5, 1984. The motion passed 7-0. PUBLIC HEARINGS 6a. Edward's Restaurant eso u ion No. 84-1000 Request for special permit: Edward's Restaurant, 9920 Wayzata Blvd. 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 Duffy, to waive reading and adopt Resolution No. 84-180 entitled "A resolution rescinding -206- City Council meeting minutes November 5, 1984 Resolution No. 84-54 adopted on May 7, 1984 and granting permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow modification of the approved site plan for delicatessen and Class I Restaurant in the B-2, Business District, at 9920 Wayzata Blvd." The motion passed 7-0. Mayor Hanks commented that the billboard issue remained to be resolved. It was moved by Councilman Martin, seconded by Councilman Duffy to recognize that the billboards have existed for at least ten years and therefore should be declared as legal, non -conforming. Councilman Mitchell said he could not support the motion as he was not happy with the way the problem with a billboard on Highway 100 had been solved. Councilman Backes asked for an alternative, to which Councilman Mitchell suggested that the older of the two billboards be declared non -conforming and that it be removed. Councilman Martin asked if he meant that it be torn down and removed, to which Councilman Mitchell replied yes; otherwise make it accommodate to the ordinance. Councilman Duffy said he couldn't agree to asking the company pay such an expense to move a bi l Iboard 18 feet to make it accamrodate to the ordi nance. Councilman Backes felt since it had been there at least ten years, it rightfully should be declared legal, non -conforming. He felt Council's taking that position would make it clear to the Planning Commission and permit them to get along with other issues. Mayor Hanks said he could not recall an issue of non-conformance every being brought to Council before. The City Manager commented that since a tape measure is not taken to each billboard, this situation is bound to exist. He felt there was no overt attempt on the part of the billboard company to deceive the City. The motion passed 6-0-1 (Councilman Mitchell opposed). b. Special permit: Nordstrom It was moved by Councilman Meland, seconded by Councilman Backes to continue the hearing to November 19, 1984 at applicant's request. The motion passed 7-0. 6c. Blue & White Service Corp. Application of Blue & White Service Corp. to operate 23 taxicabs in St. Louis Park. Steven Smith, representing the applicant, said that Blue & White no longer has 23 cabs and asked that their request be reduced to five cabs and to operate at the $1.00 per mile rate. -207- City Council meeting minutes November 5, 1984 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 deny the request. The motion passed 6-0-1 (Councilman Strohl opposed). 6d. Variance request: Lowe Variance request: Virginia and Elaine Lowe, 3100 Georgia Ave. So., to construct a garage 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 authorize preparation of a resolution of approval. The motion passed 7-0. �6e. Variance request: Full Gospel temple Variance request: Full Gospel Temple, 5450 W. 41st St., to permit a sign with reduced front yard setback Reiden Williams, representing the church, said the position of the building made it difficult for their sign identifying the church to be seen. 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 to prepare a resolution of approval. The motion died for lack of a second. It was moved by Councilman Backes, seconded by Councilman Strohl to authorize preparation of a resolution of denial with findings. The motion passed 4-2-1 (Councilmen Martin, Meland opposed; Councilman Duffy abstained). :5f. Variance request: Mauer Variance request: Helmut Mauer, 5608 Excelsior Blvd., for construction of an addition having a reduced setback Marry Schroeder displayed a sketch of the proposed addition. Councilman Martin wondered if Council approved this setback variance, would each business along Excelsior Blvd. come before them wanting reduced setbacks. The City Manager said it would be quite a large project to research all the Properties along Excelsior. City Council meeting minutes November 5, 1984 Councilman Mitchell asked what additional traffic would be generated, to which Mr. Schroeder replied all code requirements will be met. Councilman Backes asked if they tried to come up with a design that would meet the setback requirements. Mr. Schroeder said they had looked at the addition from all angles, but each presented a problem with egress from the property. Councilman Duffy said the applicant had consulted and worked with his neighbors in coming up with this 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 Duffy to authorize preparation of a resolution of approval. The motion passed 5-2 (Councilman Backes, Mayor Hanks opposed). 6g. Vacation of 18th St. Vacation of 18th St. between Brunswick Ave. and the MN&S railroad tracks: Victor Carlson & Co. Berniece Niemann, 1669 Brunswick Ave., presented a petition signed by residents of the area expressing their dissatisfaction with the vacation. Councilman Martin said the residents were opposed to the additional traffic to be generated by the proposed development and that they can hardly get onto Cedar Lake Road now. Dave Carlson, representing the applicant, said it was his understanding the traffic issue would come up during the special permit process. Councilman Strohl asked if Mr. Carlson were given an indication the vacation would be granted, to which Mr. Carlson said he had, by both the Planning Commission and the Planning Department. 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 Backes, seconded by Councilman Martin to waive first reading of an ordinance approving the vacation and set second reading for November 19, 1984. Councilman Strohl asked if staff could give Council any idea of the spillover that would occur during construction of I-394. The Director of Public Works said there was no doubt traffic would increase. -209- City Council meeting minutes November 5, 1984 Councilman Strohl felt that on those grounds, he could not support the vacation. Councilman Mitchell inquired as to what the distance would be from anydevelop- ment to the tracks, to which the Director of Planning said it will bea roxi- mately 75 feet from the development to the tracks. pp Mayor Hanks said the only reason he could see for not vacating would be because of potential extension of the street. He felt that the vacation might be a better plan, 9 Councilman Strohl felt it was not in the best interests of the residents for the street to be vacated. The motion passed 5-2 (Councilmen Mitchell, Strohl opposed). 6h. Comprehensive Plan eso u ion To: $x=181 Comprehensive Plan, 1980-2000: Proposed amendments Sally Olsen thanked the Council for its action to remove mention of "transit" from the Comprehensive Plan. Bernard Herman, architect, said he supported changes for the project targeted for Minnetonka and Natchez. Sherman Friedman felt it was time for the City to reconsider all high-density development. 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. Councilman Stroh] said he was opposed to the steady drift toward high density. Councilman Mitchell felt the people on Minnetonka should have a chance to share in what is going on on their street. It was moved by Councilman Meland, seconded by Councilman Backes to waive reading and adopt Resolution No. 84-181 entitled, "A resolution approving amendments 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 6-1 (Councilman Strohl opposed). PETITIONS, REQUESTS, COMMUNICATIONS Heating rental property Communication from Housing and Redevelopment Authority regarding heating rental property It was moved by Councilman Duffy, seconded by Councilman Mitchell to direct -210- City Council meeting minutes November 5, 1984 staff to review the appropriate ordinance and report back to Council. The motion passed 7-0. 7b. Appeal of license denial Appeal of taxi driver license denial Mr. Barrett, the driver whose taxicab license was not renewed, spoke on behalf of himself and his rehabilitation. Mayor Hanks wondered if Council was required to take action on the matter this evening, to which the City Attorney replied it was his interpretation that the matter of the denial must be brought to Council, but that they were not required to act upon it this evening. If additional time was required, Council was allowed to take it. Councilman Martin felt he would like to call some of the references Mr. Barrett had given to enlist their opinion. It was moved by Councilman Martin, seconded by Councilman Strohl, to defer the item to November 19, 1984. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Liquor license, restaurant Second reading of an ordinance related zoning gcclassifications to liquor licenses and restaurant zoning Ur-dinance No. 1635=84— classifications It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Ordinance No. 1635-84 entitled, "An ordinance related to liquor licenses and restaurant zoning classifications." The motion passed 7-0. 8b. Ordinance relating to Second reading of an ordinance relating 15u11ding permitexpiration to building permit expiration dates for r inance No. 76TF-W exterior finishes on 1 and 2 family dwellings It was moved by Councilman Duffy, seconded by Councilman Mitchell to waive second reading and adopt Ordinance No. 1636-84 entitled, "An ordinance relating to building permit expiration dates for exterior finishes of 1-2 family dwellings and amending the St. Louis Park Ordinance Code by adding Section 15-318." The motion passed 7-0. 8c. Hi hwa 100/I-394 Resolutions lFo-.---94-182, 84-183 No. 84-182 entitled, "Resolution It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt the following resolutions: authorizing the City of St. Louis Park -211- City Council meeting minutes ,,November 5, 1984 to approve the preliminary design concept for I-394"; and No. 84-183 entitled "Resolution requesting the Minnesota Department of Transpor- tation to review the property acquisition -)394.1' The motion passed 7-0. 8d. Storer Cable -Rate Increase Resolution of denial Cable ("Franchisee") subscriber rates of request by Storer to increase basic Mark Rosen addressed the denial in terms of those areas of the franchise Storer was not meeting. It was moved by Councilman Meland, seconded by Councilman Strohl to waive reading and adopt the resolution denying the requested increase in the basic rate. The motion failed 3-4 (Councilman Backes, Duffy, Martin, Mayor Hanks opposed). Councilman Martin stated, and Councilman Duffy agreed, that the City had hired a consultant and advisor as experts to advise them on the requested rate increase and that now Council should abide by their expertise. It was moved by Councilman Martin, seconded by Councilman Backes to prepare a resolution of approval. The motion passed 4-3 (Councilmen Meland, Mitchell, Strohl opposed). Councilman Mitchell commented this action gave Council cause to look hard at the situation during the refranchising process. Mayor Hanks took exception to Storer's attorney preparing a resolution of approval for that meeting. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a, Menorah Plaza Petition Petition from residents re bus stop It was moved by Councilman Martin, seconded by Councilman Backes, that the bus stop at Ottawa Ave. remain and that there be no additional stop at Princeton. The motion passed 7-0. Councilman Martin suggested the residents be advised to dress in light ~ clothing and be more cautious as they cross the street. It was moved by Councilman Martin, seconded by Councilman Stroh] that a Police officer visit with the residents to discuss safety measures related to their crossing of Minnetonka Blvd. The motion passed 7-0. -21?- City Council meeting minutes November 5, 1984 9b. Traffic study No. 329 W. 35th St./Aquila Ave./Xylon Ave. It was moved by Councilman Meland, seconded by Councilman Martin that the requested signs not be installed but that caution signs, advising motorists they were approaching a 25 -mph zone be installed. The motion passed 7-0. 9c. Traffic study No. 328 Joppa Ave./W. 28th St. Mrs. Freida Olson, Joppa Ave., suggested the parking in front of the school not be allowed. She said parents picking up children block the street along with the buses that pick up children. She said children dart out from between these cars and buses creating a very hazardous situation. It was moved by Councilman Strohl, no -parking restrictions be instituted Friday in front of Torah Academy. The motion passed 7-0. seconded by Councilman Backes, that from 8 a.m. to 4 p.m., Monday thru 9d. Wooddale street lighting eso u ion No. - Wooddale Ave. street lighting It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-184 entitled, "Resolution authorizing installation of street lighting on Wooddale Ave." The motion passed 7-0. 9e. Ped bridge over 36th St. Consultant selection: Pedestrian bridge over W. 36th St. It was moved by Councilman Backes, seconded by Councilman Duffy, to refer the matter of consultant selection for the pedestrian bridge over W. 36th St. to the Housing and Redevelopment Authority. The motion passed 7-0. 9f. Wooddale Ave. name change It was moved by Councilman Meland, seconded by Councilman Martin to waive first reading of an ordinance changing Wooddale Ave. to Park Center Blvd. and set second reading for November 19, 1984. The motion passed 7-0. 9g. Read-O-Matics It was moved by Councilman Meland, seconded by Councilman Strohl, to incorporate a mandatory Read -O -Matic program into the water and sewer rate study. The motion passed 7-0. -213- City Council meeting minutes November 5, 1984 .3h. 1985 insurance It was moved by Councilman Meland, seconded by Counc� man ac es, to authorize the City's insurance program be placed with Home Insurance and that the services of BHK&R continue to be utilized. The motion passed 7-0. 9i. 32nd & Oregon Project 82-02: W. 32nd St. and Oregon eso ution o. 84-185 Ave. It was moved by Councilman Meland, seconded by Councilman Strohl to waive reading and adopt Resolution No. 84-185 entitled, Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 82-02: W. 32nd St. and Oregon Ave. So. sewer and ponding improvement." The motion passed 7-0. 9J• ReCyCo contract Contract between City and U.S. ReCyCo It was moved by Councilman Mitchell, seconded by Councilman Meland, to authorize execution of a contract between the appropriate City officials and U.S. ReCyCo. The City Manager explained this action was to answer several problems with the present contract. The motion passed 7-0. 9k• Consultant selection: Water and sewer -La esu y It was moved by Councilman Meland, seconded execution of a contract b the by Councilman Mitchell, to authorize Veatch. y appropriate City officials and Black and The motion passed 6-1 (Councilman Strohl opposed). 91• Skyehill Homes bond release eso ution No. 84-186 It was moved by Councilman Backes, seconded by Counreadin and adopt Resolution No. 84-186 entitled, i1man "Resolutionn accepting waiv completion Of work and authorizing release of bond for Skyehill Townhomes (The Skyehill Company). The motion passed 7-0. Staffing at Rec Center Report received for filing by consent. • IR bond fee processing Fee for processing industrial revenue bond requests It was moved by Councilman Martin, seconded by Councilman Duffy, to refer -214- r L City Council meeting minutes November 5, 1984 the matter to an upcoming study session. The motion passed 7-0. 9o. BOZA minutes 9p. Streets & Highways minutes 9q. Planning Comm. minutes 9r. HRA minutes 10. Boards & Commissions Commission. The motion passed 7-0. The minutes of the October 2 Board of Zoning Appeals meeting were ordered filed by consent. The minutes of the Streets and Highways meeting held October 16 were ordered filed by consent. The minutes of the Planning Commission meeting held October 11 were ordered filed by consent. The minutes of the Housing and Redevelopment Authority meetings held October 9 and 16 were ordered filed by consent. UNFINISHED BUSINESS It was moved by Councilman Martin, seconded by Councilman Strohl to appoint Ruth Kirchner to the Community Relations 10b. Freeman property Warren Spannus presented an update on the history of this project. He said the developer was asking for one curb cut for access to the proposed shopping center. At this point they were not asking for a second curb cut for access into Track B of the project. Sheldon Wert, Shelard Companies, wondered why this was being requested of the City Council at this time. He felt this request should proceed through the usual channels, particularly in light of the major development being planned for Shelard Park. Councilman Martin asked where the Planning Commission was in its study of this question, to which the City Manager replied the questions relative to I-394 and its effect on Highway 18 have not yet been answered. Councilman Meland commented that Council had discretionary powers to allow this curb cut if it so chose. Mr. Wert said they have not even seen the plans for this property. It was moved by Councilman Meland, seconded by Councilman Mitchell that -215- City Council meeting minutes pember 5, 1984 the interested parties get together prior to to work various problems discussed this evening and then reportber back3 C to the out the e Council. The motion passed 6-0 (Councilman Backes abstained). Councilman Backes left the chambers. Ila. Painting reservoir NEW BUSINESS Change order: Time extension, painting reservoir It was moved by Councilman Strohl, seconded by Councilman Mitchell to a r the change order. pp ove The motion passed 6-0. ,Ilb. Bid tab: Snow blower tractors Bid tabulation: Two snow blower tractors It was moved by Councilman Strohl, seconded by Councilman Mitchell to authoriz execution of a contract with Kromer Company in the amount of $55,794.00. e The motion passed 6-0. MISCELLANEOUS '2a. C1aims Mark Burkhart, 2425 Cavell Ave. SLP Max Blomme, 3316 Brownlow Ave., SLP Jenning's Red Coach, 4630 Excelsior, SLP Jim Stewart, 3612 Lynn Ave., SLP Accu Rite Roofing vs. City of SLP Robert Reed, 4212 Wooddale Ave., SLP Geri Alberg, 3340 France Ave., SLP The claims were referred to the City Clerk and City Attorney by consent. ib• Communications from Mayor None. �C, Communications from City Mana er The City Manager remind ed a study session to be held on Council November 19 at 6:00 p.m. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS i• Verified claims It was moved by Councilman Meland, seconded by Councilman Mitchell to approve the the Director list of verified claims prepared by d $7,712.73 for of Finance in the amount of $449,720.69 for vendor claims payroll claims dated November 5, 1984 and that the City Manager MrA --w Am -216- City Council meeting minutes November 5, 1984 and City Treasurer be authorize to issue checks in the appropriate amounts. The motion passed 6-0. 13b. Contract payments eso utIonso. 4-187, 188 It was moved by Councilman Mitchell, seconded by Councilman Martin, to approve reading and adopt the resolutions: the following final payments, waive 1. American Roofing and Improvement Co., Recreation Center roof. Amount. $72,152.00 - Resolution No. 84-187 accepting work on Recreation Center roof, Contract No. 2. S. M. Hentges & Sons Excavating, watermain & sanitary sewer, Projects 83-25, 84-07 - Resolution No. 84-188 accepting work on watermain and sanitary sewer, Contract No. 1631, Projectsd 83-25, 84-07." The motion passed 6-0. Partial payment - It was moved by Councilman Meland, seconded by Councilman Mitchell to approve the following partial payment: Halvorson Construction, Projects 84-19, 84-31 and 84-35 in the amount of $36,286.73. The motion passed 6-0. 14. Adjournment It was moved by Councilman Meland, seconded by Councilman Strohl that the meeting be adjourned at 11:00 p.m. Way or Ppt Smith ecor ing ecre dry -217-