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HomeMy WebLinkAbout1984/06/04 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 4, 1984 1. Call to Order A regular meeting of the City Council was called to order at 7:30 by Mayor Lyle Hanks. 1. Presentations Steve Reiner and Paul Bitter of the Minne- sota Pollution Control Agency presented an update on the progress of the carbon filtration plant proposed to remedy the groundwater situation in the City. No federal superfund monies will be released until the MPCA's application for the money is published in the Federal Register. This is expected to take place in a few weeks. 3. Roll Call The following members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerrold Martin Richard Strohl Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works, Director of Planning and City Assessor. 4• �proval of Minutes It was moved by Councilman Martin, seconded by Councilman Meland, to approve the minutes of the May 21, 1984 Council meeting. The motion passed 6-0-1 (Councilman Backes abstained). 5. Approval of Agenda It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the consent agenda for June 4, 1984. The motion passed 1-0. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the agenda for June 4, 1984 with the following additions: Item 7a. Parking, Quentin Ave. from Excelsior to 40th St. and Valacher, Quentin to Princeton. The motion passed 7-0. PUBLIC HEARINGS u 6a. Sanitary sewer eso ton o. 84-79A Sanitary sewer: 8724 Minnetonka Blvd. Mayor Hanks said that the Westlings had agreed to pay one-fourth of the estimated costs for this project. Michael Kiefer, attorney for the Kohns, said his client was agreeable to paying a like amount. -101- City Council meeting minutes June 4, 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 Meland, seconded by Councilman Martin, to approve Alternative #1 of staff's report with an assessment to the Westlings and Kohns of $5,181.75 ea. The motion passed 7-0. The City Manager inquired to which the City Assessor stipulate terms of payment. 6b. Sanitary sewer assessment; Resolution84-80 as to when the assessment would be paid, responded it was Council's perogative to Assessment hearing: Sanitary sewer, 8124 Minnetonka Blvd. Relative to payment of the assessment, Council was informed payment could be made over 20 years plus interest or, at the discretion of the property owner, paid in one lump sum. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution No. 84-80 entitled "Resolution adopting assessment Improvement No. 84-07: Sanitary sewer 8724 and 8550 Minnetonka Blvd." The motion passed 7-0. 6c. Sandoz Nutrition Amend special permit: Sandoz Nutrition Corp. Resolution --84--U5320 W. 23rd St., to allow construction of an office/processing/warehouse Lois Solomon expressed her concern over the drainage problem in this area, to which Mayor Hanks replied this situation was under study. A resident asked what the firm did, and the Director of Planning replied they were processors of dry milk and related products. 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 Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution 84-81 entitled "A resolution rescinding Resolution No. 6943 adopted on September 8, 1981 and granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow construction of an office, processing and warehouse addition on property located in the DDD, Diversified Development District, at 5320-5330 W. 23rd St." The motion passed 7-0. -102- City Council meeting minutes June 4, 1984 6d. Kayo oil Co. Resolution o. 84-82 Amendment to a special permit: Kayo Oil Co. 5600 W. Lake St., to construct canopies 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 Strohl, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-82 entitled "A resolution rescinding Resolution No. 7490 adopted on October 17, 1983 and granting permit under Section 14-109(2)(f) and 14-156(15) of the St. Louis Park Ordinance Code relating to zoning to allow construction of a canopy and to make modifications to site at 5600 W. Lake St." The motion passed 7-0. 6e. Intl. Multifoods Amendment to special permit: International RtSo I u ion o-94-83 Multifoods, to convert retail store to a Class IV restaurant Paul Klodt explained that the request was to put a soup bar in Morey's Fish House. 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 waive reading and adopt Resolution No. 84-83 entitled, "A resolution rescinding Resolution No. 7132 adopted on May 3, 1982 and granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow conversion of part of an existing retail store to a Class 1v restaurant at 5601-5625 Wayzata Blvd." The motion passed .5-2, (Councilman Mitchell, Strohl opposed). 6f. Special permit: Chapman Amendment to special permit: Jerome Resolutin No. $�S4 Chapman, 6217 Cambridge for a minor auto repair operation 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 Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution 84-84 entitled "A resolution rescinding Resolution No. 84-02 adopted on January 9, 1984 and granting permit under Section 14-171(3) of the St. Louis Park Ordinance Code relating to zoning to allow a minor automobile repair operation at 6215-6225 Cambridge St." The motion passed 7-0. -103- City Council meeting minutes June 4, 1984 6g. Louisiana/Oxford Project 84-17: Louisiana/Oxford traffic signal tra is signs Mayor Hanks read into the record a letter from Construction Materials, Inc. which felt since the traffic signal benefitted all drivers in St. Louis Park, not just the property owners at this intersection, that the cost to the property owners was not justified. There being no one wishing to speak, the Mayor declared the hearing closed with the right of the Council to thereafter reopen and continue it at a future date. Mayor Hanks wondered if the traffic counts warranted such a signal, to which the Director of Public Works said, at 9,000/day on Louisiana and 3,000/day on Oxford, they did. Councilman Mitchell wondered if future development would impact this signal, to which the City Manager said it would not as this signal was to be traffic activated. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the project. The motion failed 3-3 (Councilmen Mitchell, Strohl and Mayor Hanks opposed; Councilman Martin absent from chambers). Councilman Martin returned to the chambers. In response to a question relative to accidents at this intersection, the Director of Public Works said there were four in 1982 and eight in 1983. It was then moved by Councilman Martin, seconded by Councilman Duffy, to approve the installation of a signal. The motion failed 4-3 (Councilmen Mitchell, Strohl and Mayor Hanks opposed. Six votes were necessary for passage). PETITIONS, REQUESTS, COMMUNICATIONS 7a. Parking at Med Center Councilman Duffy said he had received com- plaints regarding the parking situation behind the St. Louis Park Medical Center+ particularly at Quentin and Valacher, and asked that staff look inti this. Councilman Martin suggested a 2 -hour restriction and suggested a neighbor" hood meeting be held to discuss this. RESOLUTIONS AND ORDINANCES 8a. Firefighters contract eR soTu Ton P-85 It was moved by Councilman Martin, -104- City Council meeting minutes June 4, 1984 seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-85 entitled, "Resolution establishing fire salaries and insurance contributions for the years ending December 31, 1984 and December 31, 1985" and that the Mayor and City Manager be authorized to execute the Firefighter contract. The motion passed 7-0. 8b. Councilman Martin In the matter of pension benefits for Councilman Martin Arlyce Shook reemphasized the comments made in her May 21 letter in opposition to Councilman Martin's request. She felt a policeman's pension should be earned. Herb Davis spoke in favor of Councilman Martin's position, stating he felt it was unfair that the matter be tried in the newspaper. He compared the request to zoning questions wherein requests are routinely made for special permits and variances. Michael Garelick spoke in Councilman Martin's favor as did Cheryl Martin, who asked that the Council do what is just and fair in this matter, that it was not a political issue. She said that local Legislators had approved the bill and asked that Council do likewise. Susan Brill, 2520 Kipling Ave., felt the matter was not political, but that it was certainly a question of fairness/unfairness relative to transfer of pensions. Jim Lamperd spoke on Councilman Martin's behalf. Richard Anderson, retired police officer and Percy Morris, President Of the Police Relief Association, spoke in opposition to the matter. It was moved by Councilman Strohl, seconded by Councilman Mitchell, that Council reject the resolution in support of the legislation. Councilman Strohl felt this was bad public policy. Councilman Backes said there were two sides to every question and that the Council was required to make a lot of tough decisions. In the present instance, Council was being asked to support legislative action and that he could not support a motion to reject. Mayor Hanks said he still had some questions relative to this matter: Would Councilman Martin be allowed to be a member of the police force? What was the Legislature's real and full decision? If Mr. Martin returns to the police force, when will pension monies begin to be collected. Councilman Mitchell commented it would seem Councilman Martin would have come to the body with which he had a prior agreement, rather than approaching the Legislature. He asked if it were fair to treat one Councilmember differently from other members, City employees or even -105- City Council meeting minutes June 4, 1984 residents. He felt there was time for this to be resolved as another legislative session will occur while he is still on the Council. Councilman Duffy wondered if Councilman Martin were being treated differ- ently simply because he was a Councilmember. It was moved by Councilman Strohl, seconded by Councilman Mitchell to defer the item to July 16, 1984. The motion passed 6-0-1 (Councilman Martin abstained) 8c. Council Chamber furniture Ordinance 1627-84 Second reading of an ordinance transferring funds for purchase of Council chamber furniture. It was moved by Councilman Backes, seconded by Councilman Meland, to waive second reading and adopt Ordinance No. 1627-84 entitled "An ordinance authorizing the transfer of funds and providing appropriations for acquisition of furniture for the Council Chamber." The motion passed 6-1 (Councilman Strohl opposed). 8d. Aldersgate Church Resolution 84 -8T - Excess right of way along Highway 100 It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-86 entitled, "A resolution regarding the acquisition of excess right of way along Highway 100." The motion passed 6-0-1 (Mayor Hanks abstained). REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. La. Ave/Cedar Lake Rd. Louisiana Ave./Cedar Lake Rd.: No right turn on red It was moved by Councilman Mitchell, seconded by Councilman Meland, to refer staff's report to Hennepin County for study and return to Council with their comments. The motion passed 7-0. 9b. Burger King Burger King traffic analysis It was moved by Councilman Meland, seconded by Councilman Backes, to approve the recommendations of staff's report. The motion passed 7-0. Repair of Well #10 Preliminary engineering report• Repair of Well ff10 -lC:6- City Council meeting minutes June 4, 1984 it was moved by Councilman Duffy, seconded by Councilman Strohl to approve the project. The motion passed 7-0. 9d. 32nd/Oregon storm sewer Preliminary engineering report: 32nd and Oregon Ave. storm sewer, pond & lift station improvements It was moved by Councilman Duffy, seconded by Councilman Mitchell to approve Alternative #4 of staff's report and direct staff to hold a neighborhood meeting on June 19. The motion passed 7-0. 9e. Planning Commission minutes The minutes of the Planning commission meeting held May 16 were ordered filed by consent 9f. Water Committee minutes The minutes of the Water Conservation Committee meeting were ordered filed 99. HRC minutes The minutes of the Human Rights Commission meeting held May 16 were ordered filed by consent UNFINISHED BUSINESS 10a. Boards & Commissions No business NEW BUSINESS Ila. 1984 street materials Bid tabulation: 1984 street materials It was moved by Councilman Backes, seconded by Councilman Duffy, to designate Richards Asphalt and J. H. Shiely as lowest responsible bidders and authorize execution of contracts for $43,344 and $43,210, respectively. The motion passed 7-0. llb. Mandel Development Irwin Mandel Development: Minor modifica- tion to a special permit It was moved by Councilman Martin, seconded by Councilman Mitchell, to approve the minor amendment to his special permit. The motion passed 7-0. -107- City Council meeting minutes JuBne 4, 1984 11c. Wooddale Ave. name change Proodd 38th/39th S,ree�s: Posed nano change It was mov?d t• Councilman Duffy seconded by Cou::.i[.:.an Strohl, to study the proposed name change and contact the affected property owners for their opinion. The motion passed 7-0. MISCELLANEOUS 12a. Claims Vincent Koch, 9217 Minnetonka Blvd. The above claim was referred to the City Clerk and City Attorney. 12b. Communications from the Mayor Mayor Hanks reminded the Council of the National League of Cities conference in Indianapolis Nov. 24-28. 12c. Communications from the The City Manager introduced Bruce Stepnick C y Manag r who has been named City Assessor Regarding the Lake St./Dakota Ave. assessment hearing, the proposed plan differs from the assessment notice sent to the residents. He said the residents will be assessed for driveways, curbs and gutters, but there will be an overlay of the street done by City forces 0 street in 1984; 1 street in 1985). It was moved by Councilman Meland, seconded by Councilman Stroh] to rescind the notice of the assessment hearing. The motion passed 7-0. Councilman Meland asked if staff had considered reconstruction in this project with its 20 -year guarantee. The City Manager replied that type of project would be assessed at S16/front foot with remaining costs coming from GO funds. He said staff could gather costs for a reconstruction project. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims was move y Councilman Meland, seconded by Councilman Martin, that the list of verified claims prepared by the Director of Finance dated June 4, 1984 in the amount of $366,976.72 for vendor -1CB- City Council meeting minutes June 4, 1984 claims and $6,872.17 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 7-0. 14. Adjournment It was moved by Councilman Meland, seconded by Councilman Duffy, that the meeting be adjourned at 10:05 p.m. Ama, ecor ing Secretary -109- a