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HomeMy WebLinkAbout1984/03/19 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 19, 1984 1. Call to Order A regular meeting of the City Council was called to order by Mayor Lyle Hanks at 7:35 P.M. 2. Presentations Mayor Hanks read and presented two proclamations. The first proclaimed the month of April as Recycling Month and was presented to staff liaison, Craig Dawson. The second proclamation set the dates for Public Schools Week and was to be forwarded to the Superintendent of Schools. 3. Roll Call The following members were present at roll call. Ronald Backes Larry Mitchell Thomas Duffy Lyle Hanks Jerrold Martin Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes It was moved by Councilman Martin, seconded by Councilman Backes, to approve the minutes of the March 5, 1984 City Council meeting. The motion passed 4-0-1 (Councilman Duffy abstained). It was moved by Councilman Martin, seconded by Councilman Duffy, to approve the minutes of the study session with minor corrections: 4c, there was concern about lighting and abutting roadways; 31, should be community service signs; item 1, Councilman Mitchell raised the issue, did not question. The minutes were approved as amended. 5. Approval of Agenda It was moved by Councilman Backes, seconded by Councilman Martin, to approve the consent agenda for March 19, 1984. The motion passed 5-0. It was moved by Councilman Backes, seconded by Councilman Mitchell, to approve the agenda for March 19, 1984. The motion passed 5-0. -45- City Council meeting minutes March 19, 1984 6a. Specialpermit: Burger King eso ution No. 84 - PUBLIC HEARINGS Request of Burger King Corporation for a special permit to construct a restaurant at 37th St. and Aquila Ave. Linda Fisher, attorney for the applicant, gave a lengthy presentation explaining the revision to the original plans they had submitted to the Planning Commission. Upon completion of her presentation, she introduced Jim Benshoof, traffic engineer, who gave a detailed analysis of traffic considerations entering and exiting the restaurant's proposed drive-through and parking. Bob Agee, Midwest Federal consultant, said Midwest asked a BRW consultant to do a traffic analysison howthe proposed restaurant would affect their facility on the corner. Upon finding that the roadways could handle the traffic and that the egress/exit flow would not cause any problems, they offered no objection to the project. 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. Upon confirming with the applicant the various conditions in the resolution of approval, it was moved by Councilman Martin, seconded by Councilman Backes, to delete b., d., and e. conditions of the resolution, change the completion date to November 15, 1984, waive reading and adopt Resolu- tion No. 84-32 entitled, "A resolution rescinding Resolution No. 6699 adopted on November 3, 1980 and granting permit under Sections 24-156 and 24-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow a drive-in facility at 3670 Aquila Ave. and a Class IV restaurant at 3650 Aquila Ave. for property located in the B-2 General Business District and F-2 flood plain district." The motion passed 4-1 (Mayor Hanks opposed). 6b. Excelsior Blvd. improvement Improvement 83-32: Paving, driveway aprons, sidewalks, signalization, lighting, parking bays, bus bays, decorative paving and landscaping on Excelsior Blvd. from east of Louisiana Ave. to Xenwood Ave. In answer to a question from the Mayor, the City Attorney said the assess- ment hearing could be set as soon as Council approves the project. The Director of Public Works referred to the drawing on the wall, explain- ing the various aspects of the plan. Councilman Backes commented there was some criticism of the use of bomanite. The Director said in an effort to break up boring stretches of concrete, -46- City Council meeting minutes March 19, 1984 bomanite and other materials will also be used. Councilman Duffy expressed his concern relating to Brookside Drug's request for parking bays. He felt if they were denied, customers would be parking around the corner and then driving through the Brookside/W. 41st St./Yosemite neighborhood to get back out onto Excelsior Blvd. The Director said the problem would then become the relocation of bus bays. Mayor Hanks said there was parking available across the street in the municipal lot. The Director commented on a suggestion to allow parking west of Brookside Drug, in front of the Italian deli. He said a right-of-way acquisition would be necessary if bus stops were to be located there and that the Public Works Department would look at the possibility of moving a driveway back and locating parking lanes between Alabama and Brookside. Herb Davis urged on -street parking be made available for Brookside Drug. Al Lampe, owner of a small office building at the corner, complained about the excessive cost for the sidewalk; the excess cost for trees which he didn't want; and questioned why he should be assessed for lighting which benefits people driving and walking by. He also asked about trimming corners where the snow piles up. Vern Genzlinger, Hennepin County, said that in order to do that, storm sewers would have to be torn up, sidewalks moved back at approximately $100,000 per corner and instead of a resurfacing project, the City would be facing a street reconstruction project and that it monetarily was not feasible. Councilman Martin said he'd like to see figures analyzing the difference between residential street and collector street costs, that is, what are people being assessed. Susan Schoonover said her house doesn't face on Excelsior, yet she is being assessed. She suggested eliminating the 5 ft. boulevard between the street and sidewalk. It was pointed out the boulevards are essential to hold snow plowed from streets. Bill Duggan, Duggan's, said this was the first he had heard about the project. He was not happy with a tree shown on the plans which blocks the sign for his restaurant. Mr. Smith, husband of the owner of a 12 -unit apartment building on Excelsior and Colorado, inquired about his assessment for lighting and the use of sod which he felt was a waste of money. He wondered when he would know what the assessment would be. The Director of Public Works said the City was paying for all sod to be laid. -47- City Council meeting minutes March 19, 1984 The Director said the City Assessor had developed figures for the project with and without State Aid. Councilman Martin asked if the City did not own some property between the railroad tracks and Fred G. Anderson to which the Mayor said that that property actually belonged to Fred G. Anderson. Councilman Duffy asked that that be researched. In answer to a question from a resident, the Director of Public Works explained that bomanite referred to a design stenciled into the concrete. It was moved by Councilman Martin, seconded by Councilman Duffy to continue the public hearing to May 7. The motion passed 5-0. It was moved by Councilman Martin, seconded by Councilman Duffy to set the assessment hearing for May 7. The motion passed 5-0. Mayor Hanks read into the minutes the protest of the Minneapolis, North- field and Southern Railway over the project. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Raffle By consent, the Council approved the application of the Jewish Community Center to hold a raffle. 8a. Right-of-way Ordinance No. 1619-84 RESOLUTIONS AND ORDINANCES Second reading of an ordinance vacating right-of-way: Hoigaard's It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Ordinance No. 1619-84 entitled, "An Ordinance Vacating Public Alley (130 ft. east of Xenwood Avenue)." The motion passed 5-0. 8b. Transfer of funds for First reading of an ordinance trans - Public Works sa ,ries ferring funds fpr Public Works em- ployees salary adjustments It was moved by Councilman Martin, seconded by Councilman Duffy to waive first reading and set second reading for April 2, 1984. The motion passed 5-0. City Council meeting minutes March 19, 1984 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic study 318: Traffic Study No. 318: Texas Ave. e s o I u t ion o. -33 between Minnetonka Blvd. and W. 31st St. Councilman Backes asked if Councilman Meland was aware of this study and its conclusions, to which the City Manager said he was. It was moved by Councilman Duffy, seconded by Councilman Martin to waive reading and adopt Resolution No. 84-33 entitled, "Resolution authorizing installation of parking controls on Texas Avenue." The motion passed 5-0. 9b. Park Hill study It was moved by Councilman Martin to adopt the study as amended. The motion died for lack of a second. It was moved by Councilman Backes, seconded by Councilman Martin, to table the matter. The motion failed 3-2 (Councilman Mitchell, Mayor Hanks opposed). It was moved by Councilman Martin, seconded by Councilman Duffy, to continue to study the neighborhood. Mayor Hanks wondered what Council would continue to study. Councilman Backes felt there was little cooperation from the property owners relative to development in this area and that Council should not proceed until requested to do so by those property owners. Councilman Martin withdrew his motion and then moved, seconded by Council- man Backes that the study be received for filing and that nothing further be done unless requested by the residents. Councilman Duffy asked what would happen should the study be adopted. Councilman Martin said it appeared there were three ways to go: adopt study and nothing happens; pursue specifications for improvements; require any businessmen to adhere to the adopted plan. Councilman Mitchell suggested the study be put on a future study session. Mayor Hanks couldn't see spending study session time on the study. Councilman Backes revised the last motion to receive the study for filing and place on a study session. The motion passed 5-0. -49- City Council meeting minutes March 19, 1984 9c. Disaster Recover Plan Resolution No. 4-34 City Hall Disaster Recovery Plan It was moved by Councilman Martin, seconded by Councilman Mitchell to waive reading and adopt Resolution No. 84-34 entitled, "Resolution approving the St. Louis Park City Hall Disaster Recovery Plan." The motion passed 5-0. 9d. Public hearing, Hwy. 100/W. 36th Memo re change of public hearing date: Hwy. 100/W. 36th St. lights and signal It was roved by Councilman Martin, seconded by Councilman Duffy, to approve a change in the public hearing date for the ft 1. 100/W. 36th St. street lights and signal project to April 16, 1984. The motion passed 5-0. 9e. Hannon Lake sed basin Hannon Lake sedimentation basin It was moved by Councilman Duffy, seconded by Councilman Backes, to approve the Hannon Lake sedimentation basin project and schedule an informational meeting for the neighborhood residents. The motion passed 5-0. 9f. water Management minutes 9g. Park & Rec Comm. minutes 9h. CRC minutes 9:. February financial report The minutes of the water Management Carmittee meeting held March 8 were ordered filed by consent. The minutes of the Parks 6 Recreation Commission meeting held February 29 were ordered filed by ccnsent- The minutes of the Community Relaticns Commission meeting held March 8, 1984 were ordered filed by consent. The February 1984 financial report was ordered filed by consent. 10a. Boards and Crnmissions It was directed that the names of any individuals interested in serving on the Charter Canvdssion be forwarded to Judge Fitzgerald. It was moved by Councilman Backes, seconded by Councilman Duffy, tta= Jim Dahl be appointed to the Police Civil Service Commission L*CO the nanination of Mayor Hanks. IT.e notion passed 4-0-1 (Councilman Martin abstained). -50- City Council meeting minutes March 19, 1984 10b. Sale of tax -forfeited land Councilman Mitchell said that in paragraph 2 of staff's report, the word should be "abutting" instead of adjacent. He said he would like to see the fair market price listed in the notification and that residents within 350 ft. receive notification of the sale. He said he'd like to see a policy hammered out at a study session. Councilman Backes concurred that a policy was needed. Councilman Martin moved that the property on Flag Ave. be advertised for sale. The motion died for lack of a second. UNFINISHED BUSINESS lla. Street work supplies .Bid tabulation: Street work supplies It was moved by Councilman Backes, seconded by Councilman Duffy, to designate as lowest responsible bidders Prior Lake Aggregate (sand) and Bryan Rock (crushed limestone) and authorize execution of contracts for $15,600 and $5,200 respectively. The motion passed 5-0. llb. Vescio's request Request of Vescio's for refund of liquor license fees It was moved by Councilman Backes, seconded by Councilman Martin, to authorize a $200 refund to Vescio's as a refund of unused fond= licenses. The motion passed 4-0-1 (Councilman Mitchell abstained) llc. Sprinklinq restrictions It was moved by Councilman Duffy, sec- onded by Councilman :Mitchell, to approve sprinkling restrictions from 3 p.m. to 9 p.m. any day, May 1 through August 31, 1984. The motion passed 4-1 (Councilman Martin opposed). MISCELLANEOUS 12a• Claims By consent, the Council ordered the following claims filed with the City Clerk for proper action by the City Manager and City Attorney: Maurice Baratz, 3000 Highway 100, St. Louis Park; Mary McNe-il, 3520 Aquila Circle, St. Louis Park -51- City Council meeting minutes March 26, 1984 12b. Communications from the Mayor conference in Duluth in June. and Mayor Hanks plan to attend. Mayor Hanks reminded those present of the League of Minnesota Cities Councilmen Backes, Mitchell, Martin The Mayor said that a goal -setting session is scheduled for April 30. 12c. Communications from the City Manager The City Manager reminded those present of the study session scheduled for March 26. , APPROPRIATIONS, CONTRACT PAYMMS 13a. Verified Claims It was moved by Councilman Backes, seconded by Councilman Martin that the list of verified claims dated March 19, 1984 prepared by the Director of Finance in the amount of $133,505.85 for vendor claims and $6,904.42 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 5-0. 14. Adjournment Paff Smith, Recording Secretary It was moved by Councilman Martin, seconded by Councilman Duffy that the meeting be adjourned at 10:20 p.m. _C4 r -52-