Loading...
HomeMy WebLinkAbout1984/09/04 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 4, 1984 1. Call to Order A regular meeting of the St. Louis Park City Council was called to order at 7:30 p.m. by Mayor Lyle 2. Presentations Hanks. None. 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 City Develop- ment, Director of Public Works and City Assessor. 4. Approval of Minutes It was moved by Councilman Duffy, seconded by Councilman Meland, session held August 20, 1984 to approve the minutes of the study The motion passed 5-0-2 (Councilman Strohl, Mayor Hanks abstained). It was moved by Councilman Mitchell, seconded by Councilman Backes to approve the minutes of the administrative hearing held August 20, 1984. The motion passed 6-0-1 (Mayor Hanks abstained). It was moved by Councilman Martin, seconded by Councilman Backes, to approve the minutes of the City Council meeting held August 20, 1984 With the following corrections: llb. change "department" to "developers"; Pg. 155, 9a. indicate the traffic study was being conducted on behalf Of Freeman, and that action was to be delayed until the Shelard traffic studywas completed; on pg. 150 the motion was clarified; and pg. 151, the motion was made by Councilman Martin. The motion to approve the minutes as amended passed 6-0-1 (Mayor Hanks abstained). S' approval of Agenda It was moved by Councilman Meland, seconded by Councilman Mitchell, to approve the consent agenda for September 4, 1984. The motion passed 7-0. It was moved by Councilman Duffy, seconded by Councilman Strohl, to approve the agenda for September 4, 1984 with the following additions: 6g. include -159- c L City Council meeting minutes September 4, 1984 resolution in motion; 1d. Building Permit Limitations; 10b. Restaurant Classifications; and Ile. change the motion to read Motion to not set hearing unless there was a violation - Motion to take no action. The motion passed 7-0. 6a. Suburban Taxi Corp. PUBLIC HEARINGS Application for Public Conveyance 21, 1984) Ron Bartels, Suburban Taxi, commented on the City's additional taxi service, commenting it was done when on vacation and that it was done without much fanfare. two reasons, there was not a particularly good survey requested the issuance of 25 licenses to Suburban. Certificate of (cont. from May survey of need for many residents were He felt for those response. He again Mr. Harris, Town Taxi driver, pointed out that when a person asks the operator for a suburban taxi, the operator gives the number of Suburban Taxi. There being no one at this point 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. Councilman Martin spoke of cities opening up to many taxis, including Minneapolis, wherein taxis flock to high concentrate areas, overlooking the short runs. He felt all peak times couldn't be covered and that taxis will raise their rates to compensate. He felt the condition of cabs would deteriorate. He felt a lot of these problems started when Minneapolis cancelled reciprocity. He felt the survey indicated the present service was adequate. The motion failed 2-5 (Councilmen Backes, Duffy, Mitchell, Strohl, Mayor Hanks opposed). It was moved by Councilman Strohl, seconded by Councilman Duffy to issue five licenses to Suburban Taxi Corp. Councilman Martin felt this was unfair, as licenses should be issued on a first come, first serve basis and that additional licenses should have been issued to Yellow Cab Co. Councilman Backes admitted confusion over Council's action. He didn't feel Council should be picking and choosing who should be receiving licenses. He hoped a metropolitan -wide licensing Policy of action. He felt he couldn't conclude from wouldthesurvey Jift athis te dditional licenses were needed or not, and if they were out. , how were they to be doled -160- City Council meeting minutes ,September 4, 1984 Councilman Meland felt the point of issuance was need and Councilman Martin felt it was incumbent on the applicant to demonstrate a need which they had not done. Councilman Mitchell felt free enterprise was at issue and questioned why the City was regulating the issuance of licenses. Mayor Hanks said he had trouble last winter answering citizens' questions as to why so few cabs were available in the City. He asked if the City could regulate what times cabs could be made available, this is, 11 p.m. to 1 a.m. for example. The City Attorney said that could be so stipulated in an ordinance. The motion to authorize five licenses passed 5-2 (Councilmen Martin and Meland opposed). 6b, Airport & Airline Taxi Airport & Airline Taxi: Application for Certificate of Public Conveyance Nathan Shaw, representing applicant, spoke on the request for licensing, commenting Airport & Airline offered a 20 percent discount to senior citizens when so identified. He said they would like to have 75-100 licenses based on what neighboring communities have. James LaTourneau, Yellow Cab Co., commented that they had asked for 50 licenses and were approved for 5. He felt the Council should put something in the City's ordinance regulating cab licenses that would regulate the fare rate throughout Hennepin County. He said that as deruglation occurs, rates increase. Several other cab drivers spoke to express their concerns over additional licenses being approved which has the effect of driving cab drivers out Of business. Mr. Bierbower, Town Taxi, said that the cancellation of reciprocity by Minnea- polis was the real source of the problem. 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 Mitchell, seconded by Councilman Strohl, to approve five licenses for Airport & Airline Taxi. Councilman Mitchell felt the Council was not opening the City wide for unlimited taxi service when one considers the City has some 50 approved licenses compared to Hopkins with 80 and up to 200 in Bloomington. The motion passed 4-3 (Councilmen Martin, Meland, Mayor Hanks opposed). Assessment: Project 82-34 Assessment hearing: Project 82-34: Resolution No. 84-134 Traffic signal, Vernon Ave./Hwy. 12 -161- City Council meeting minutes September 4, 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 Strohl, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-134 entitled, "Resolution adopting assessment - Improvement No. 82-34: Traffic signai�Vernon Ave. ana Highway 12, south frontage road." The motion passed 7-0. 6d. Proposed sidewalk improvement Proposed sidewalk improvement: Project 84-36, W. 36th St., north side, from Flag Ave. to Target Rd. The resident of 9031 W. 34th St. said that 23 of the 25 neighbors in this general vicinity had been contacted relative to this project. They were of the impression the City or the County was to pay for it, and they were now concerned as to who would be assessed. It was explained that traditionally those residents abutting a sidewalk are assessed. The City Assessor said that in this instance only the City and the apartment complex at 36th & Flag were to be assessed. The subject of an area -wide assessment was discussed, but it was felt there was no way that this could be made equitable. Byron Goldstein asked if this project were really needed as there was already a sidewalk on the south side of the street. He felt the problem was how to get across 36th St. 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 accept recommendation of staffs report that a subsequent hearing by held in the spring of 1985. The motion passed 7-0. 6e. Alley pavin : Project 84-135 TFeso u ion No. 84 -135 - Proposed alley paving, Project 84-35: Alley between Alabama and Blackstone Ave., W. 28th and W. 29th Streets 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. -162- City Council meeting minutes September 4, 1984 It was moved by Councilman Strohl, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-135 entitled, "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for improvement No. 84-35: Concrete alley paving between Alabama and Blackstone Avenues, W. 28th and W. 29th Streets." The motion passed 7-0. 6f• Project 84-20 Proposed project 84-20: Paving, curb & gutter, driveway aprons and landscaping, north frontage road of Hwy. 7, Zarthan to Webster Wilbur Van Deusen asked what was the justification for the improvement and the assessment. The Director of Public Works displayed an overhead and explained that the roadway was in a very deteriorated condition with no edge control. The City Assessor said that an area -wide assessment had been used because of the peculiar configuration of the frontage road. Jerry Jensen, 3349 Xenwood Ave., said the residents in the area had been petitioned and 38 were against the g project and 42 were opposed to the means of assessment. He said he understood the need for the improvement, but not the method of assessment in that the improvement benefitted everyone, but only some 60 were paying for it. A number of other residents expressed a similar opinion to Mr. Jensen's. In answer to a question from Ann Duvall, the Director of Public Works said the lilac bushes would not be touched and, in fact, additional planting was intended to fill in the gaps in the bushes. 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 Duffy, to continue the public hearing to the second meeting in January 1985 in order to gather fuller details on the project and its assessment. It was also moved that the item be referred to an upcoming study session with the City Assessor. The motion passed 7-0. • Shelard watermain loopin Improvement hearing: Project e� o u Ion o. - 84-06: Shelard Park watermain looping 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 reading and adopt Resolution No. 84-136 entitled, "Resolution ordering -163- City Council meeting minutes September 4, 1984 improvement, ordering preparation of plans for improvement No. 84-06, Shelard Park watermain looping." The motion passed 6-0-1 (Councilman Backes abstained) 7a. City of Hope -Bingo 7b. Schecter: Variance PETITIONS, REQUESTS, COMMUNICATIONS An application of City of Hope to conduct bingo at St. Louis Park Junior High on October 22, 1984 was approved by consent. Schecter: Request for extension of variance It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 84-137 entitled, "A resolution granting variance in front yard setback of three feet instead of the required 35 feet from Section 14-128(5) of the Ordinance Code relating to zoning to permit a garage addition in the R-1, Single Family District, at 8621 29th St. W. The motion passed 7-0. 7c. MPCA citizens' committee Opening on the Minnesota Pollution Control Agency citizens' committee Mayor Hanks noted that the Ward 1 representative to the MPCA citizens' committee had resigned and asked First Ward Councilman Strohl to submit the name of an interested resident for appointment. 7d. Building permit limitations Councilman Martin commented on the fact that there was no time limitation permit is issued. He said this oftenoled co o et various City. eyesoresion of workn in around ldthe It was moved by Councilman Martin, seconded by Councilman Duffy, to ask staff to report back with a remedy to this situation. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Ordinance re floodway urainance no. ibiu-64 Second reading amendment to zoning ordinance re foowa Councilman Mitchell expressed his concern about efor this amendment. He felt iz was appropriate to go first tother Federal Emergency Management Agency for approval before making any changes in the floowday. -164- City Council meeting minutes September 4, 1984 Councilman Martin commented that FEMA might not approve the request. It was moved by Councilman Martin, seconded by Councilman Duffy, to waive second reading and adopt Ordinance No. 1630-84 entitled, "An ordinance amending the St. Louis Park Ordinance Code, changing boundaries of zoning districts." The motion passed 5-2 (Councilmen Mitchell, Strohl opposed). Bb. Resolution of approval: Pogin It was moved by Councilman Martin, Resolution No. 8T -7M seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-138 entitled, "A resolution granting permit under Section 14-195(2) of the St. Louis Park Ordinance Code relating to zoning to permit eight mini -warehouse buildings with 156,000 sq. ft. of gross floor area for property located in the I-1 industrial; R-3 two family residence and F-2 flood plain districts at 3200-3250 France Ave. So." The motion passed 7-0. �• Pogin: License to use City property Request of Richard Pogin for license to use City property for drainage Herb Davis, representing Mr. Pogin, said there was some question about paragraph 4 in the agreement. The City Attorney said the concern related to the right of first refusal in favor of just one party, since the City does go through the bidding process when disposing of City -owned land. A question arose as to what if the land over which Mr. Pogin was requesting license to provide drainage was sold. The City Attorney felt there might be some concern over the marketability Of title. In 20 years, what recall action could be provided re saleability. Councilman Meland asked if a future Council could not make such a determination He felt the action this evening could be looked upon as an interim land use with Council putting a time constraint on the renewal of the license. He felt that sometime in the future, a Council might want to look at this piece Of property again. Councilman Martin felt placing any sort of time limit might encumber the property. It was moved by Councilman Martin, seconded by Councilman Duffy, to grant a license over City property with no time limit. The motion passed 6-1 (Councilman Meland opposed). fid• Hutchinson spur: Official map Second reading of an ordinance placing O R 1 31- $ — Hutchinson spur of Burlington Northern Railroad on Official City Map Mayor Hanks said that the railroad had asked this item be deferred until -165- City Council meeting minutes September 4, 1984 heir staff had additional time to study the action. Councilman Martin felt it should not be deferred and it was moved by Councilman Martin, seconded by Councilman Backes to waive reading and adopt Ordinance No. 1631-84 entitled "An ordinance adopting official map." Mayor Hanks asked if Council's firs reading of the ordinance could prevent any action, such as development, on the property. The City Attorney responded that generally, for an ordinance to have full power, it must go through the full process, e.g., two readings and adoption. Councilman Backes asked if the railroad was notified of Council's action. The Director of Planning said they had been notified, but that they were now requesting additional time as their offices are scattered all over the country and there's been insufficient time for all persons concerned with this matter to have fully studied the City's action. Sally Olsen, State Legislator, for this area, said the City had published Ahe proper notification in ample time and that the matter ought not to be deferred. She said until this action was passed, the land would remain open to requests for development, etc. Mayor Hanks said he would like to have included in the motion acknowledgment of the Burlington Northern Railroad's letter and that the City Council would be willing to listen to them at any future time. Councilman Martin amended his motion to include acknowledgment of receipt of the railroad's letter. Councilman Backes withdrew his second stating he would like to see the matter deferred. Councilman Duffy felt ifit were residents requesting deferral of the matter that would be acceptable. He felt the same should apply to the railroad's request. Councilman Meland seconded Councilman Martin's ---10:ion with the amendment. The motion passed 4-3 (Councilmen Backes, Duffy and Strohl opposed). Be. DDessiiyaation of City Auditor Resolution designating official City Resolution No. 84-17T- Auditor It was moved by Councilman Meland, seconded by Councilman Martin, to designate the George M. Hansen Co. as the official City Auditor, to waive reading and adopt Resolution 84-139 entitled, Resolution providing for the employment of George M. Hansen Company to audit the accounts and records of the City for the 1984 fiscal year.,, The motion passed 1-0. -166- City Council meeting minutes September 4, 1984 �3f. Community Development Block Grant It was moved by Councilman Backes, Resolution No. - seconded by Councilman Martin, to waive reading and adopt Resolution No. 84-140 entitled, "Joint cooperation agreement." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES I9a. Drive-thru restaurants Zoning ordinance study: Restaurants with drive-thrus It was moved by Councilman Meland, seconded by Councilman Martin, not to amend the ordinance. The motion passed 7-0. 9b. Traffic Study 327 Traffic study No. 327: Parking lot eso u ion WO -719-141 north of Lake St. between Dakota and Idaho It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution 84-141 entitled, "Resolution authorizing instal- lation of parking controls on Dakota Ave." The motion passed 7-0. 9c. seraph i cs • Eliot Center It was moved by Councilman Martin, seconded by Councilman Duffy, to allow the graphics to be put on the Eliot Community Center. Councilman Meland said the Policy Advisory Committee had considered this request, and it was the recommendation of the PAC to submit the matter to the Council. He said a question was raised if this was the way the Eliot Community Center should be identified as an art center. It was felt that perhaps the Planning Commission might want to discuss the matter and also that input be received from the neighborhood. Mayor Hanks asked if the School Board had approved it, to which Councilman Meland said they were to review it next week. Rich Person, Eliot Community Center, said the neighborhood had approved Placement of the graphics but had not held a formal meeting. Councilman Duffy withdrew his second. Councilman Backes said that since the sign ordinance has not yet been passed, to whom would they refer this request. Councilman Mitchell felt it should go to the Planning Commission Councilman Meland suggested it be referred to the Community Relations Commis - -167- City Council meeting minutes September 4, 1984 sion after the School Board renders its decision. It was moved by Councilman Mitchell, seconded by Councilman Meland to refer the matter to the Community Relations Commission and then to the Planning Commission. Councilman Strohl amended the motion to direct a neighborhood meeting be held first. Councilman Meland felt the School Board review should precede a neighborhood meeting. The motion passed 7-0. 9d. Wooddale Ave. plan change Resolution No.84-142 entitled, "Resolution authorizing Ave. - Highway 100/36th St." The motion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Strohl, to waive reading and adopt Resolution No. 84-142 installation of parking controls at Wooddale 9e. Proposed zoning change Request of International Retirement Villages, Lakewood, CO, to change zoning at Hwy. 100/Hwy. 7 from I-1 to PUD Mayor Hanks referred to the letter from McGarvey Coffee Co. about this matter and suggested it be discussed at a study session. Councilman Meland concurred, alluding to the development at 3300 Louisiana Ave. and the problem with Apple Valley Readimix. Mr. Brantingham, architect of the project, briefly discussed the proposed conversion of the grain elevators into senior housing, commenting they had made every attempt to adhere to the City's Comprehensive Plan. Councilman Backes wondered what could be accomplished at a study session. It was moved by Councilman Backes, seconded by Councilman Martin that the developer, McGarvey Coffee and staff get together to discuss the various concerns before Council is involved and that a report be brought back on September 17, 1984. The motion passed 7-0. 9f. Lake Forest: Speed zoning It was moved b Resolution o. - seconded b y Councilman Strohl, Parklands y Councilman Mitchell that that a Stopsi n be �tabe p°sted at 25 mph, Rd. and that curve signs be installed in g he areas asreq requested Parklands nlathe Lake Forest Homeowners Assoc. letter, and to waive reading and adopt Resolution 84-143 entitled, "Resolution authorizing installation of warning signs, speed signs and stop signs in the Lake Forest neighborhood." -168- City Council meeting minutes September 4, 1984 Councilman Martin said he only opposed the stop sign. The motion passed 4-3 (Councilmen Backes, Martin and Mayor Hanks opposed). 99. Burger King Resolution No. 84-144 Burger King: Request to amend special permit It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-144 entitled, "A resolution rescinding Resolution No. 84-32 adopted March 29, 2984, rescinding Resolution 6699 adopted on Nov. 3, 1980 and granting permit under Section 14-156 and 14-123.100 (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-3 General Business District and F-2 Flood Plain District." The motion passed 7-0. 19h. PER: France Ave. Preliminary engineering report: France Ave. It was moved by Councilman Martin, seconded by Councilman Meland, to set a public hearing on the France Ave. improvement for October 1, 1984. The motion passed 7-0. 9i• Lake St. paving costs It was moved by Councilman Martin, seconded by Councilman Backes, to authorize execution of a contract with Bury and Carlson in the approximate project amount of $54,995. The motion passed 7-0. 9i• Iacono/Lietzke 9k • t. Iacono/Lietzke creek problem It was moved by Councilman Martin, seconded by Councilman Mitchell to accept the recommendations of staff's report. Motion passed 7-0. Gradient control system Consultant selection: Gradient control system It was moved by Councilman Mitchell, seconded by Councilman Strohl, to retain a consultant for preliminary engineering design and report the results Of the study to Council. P�nn_gCommission minutes �• Human —__�ghts Commission minutes The minutes of the Planning Commission meeting held August 15, 1984 were ordered filed by consent. The minutes of the Human Rights Commission meeting Feld August 15, 1984 were ordered filed by consent. -169- �I L City Council meeting minutes September 4, 1984 9n. HRA minutes The minutes of the Housing and Redevelop- ment Authority meeting held August 14, 1984 were ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions By a vote of 7-0, the following individuals were appointed to boards and commissions: Dan Swedberg to the Planning Commission; Linda Mitchell to the Human Rights Commission; Susan Brill to the West Hennepin Human Services Planning Board. 10b. Restaurant classifications Councilman Backes asked for an update on the status of the restaurant classifi- cation item which was referred back to the Planning Commission. The Director of Planning said it was scheduled for the Commission's next meeting and should be back to Council at its meeting on Sept. 17. NEW BUSINESS lla. Bid tab: Projects 84-19, 31, 35, 36 with Halvorson Construction in the 84-36, 84-31 and 84-35. The motion passed 7-0. llb. Rec Center roof It was moved by Councilman Martin, seconded by Councilman Duffy, to authorize execution of a contract amount of $55,363.20 for Projects 84-19, Bid tabulation: Rec Center roof It was moved by Councilman Backes, seconded by Councilman Meland, to authorize execution of a contract with American Roofing and Improvement Company in the amount of $72,152.00 for replacement of the Recreation Center roof. The motion passed 7-0. llc. Change order: Project 84-01 of $3,083.03. The motion passed 7-0. It was moved by Councilman Martin, seconded by Councilman Meland, seconded by Councilman Meland, to approve Change order No. 1 (sanitary sewer Project No. 84-07, Contract 1631) in the amount lld. Traffic signal hearing By consent, a public hearingwas set for GCLUUer 1 on the Highwa7/Ottawa Ave. traffic signal. -170- city Counci 1 meeting minutes September 4, 1984 Ile. Liquor license violation It was moved by Councilman Meland, seconded by Councilman Duffy, that tak Leaning Post because no violation hadouncil taken places no action against the The motion passed 7-0. 112a. Claims MISCELLANEOUS Al's Liquors, 3912 Excelsior Blvd. The claim was referred to the City Clerk and City Attorney 12b. Communications from the Mayor Mayor Hanks reminded those Council members attending the NLC conference in Indianapolis to finalize their plans. Mayor Hanks said he would serve another year on the TwinWest Chamber of Commerce Board of Directors. He asked that an item, freeze on cab licenses, be placed on the 2c. Communications from City Manager The City Manager discussed the proposed asked that attorneys Steve Lange andget John sMild ler session invited tto. me touncil with Council on Sept. 24. i CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland seconded by Councilman Martin, to approve the list of claims prepared by the Director of Finance dated September September 4, 1984 in the amount of $383,361.67 for vendor claims and $19,384.97 Ifor payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b' Final s 1• Bentec Engineering Corp., backwash controller improvements, Project 84-04. Amount $6,875.00 It was moved by Councilman Martin, seconded by Councilman Mitchell to waive ` reading and adopt Resolution 84-145 entitled, "Resolution accepting work on backwash controller improvements - Project No. 84-04, Contract 1604." The motion passed 7-0. Council adjourned for an executive session. Upon it's return, it was moved by Councilman Meland, seconded by Councilman Martin to accept the settlement Offer on the Target property. 1,- -171- City Council meeting minutes September 4, 1984 The motion passed 7-0. 14. Adjournment It was moved by Councilman Backes, seconded by Councilman Duffy that the meeting be adjourned at 11:20 p.m. May ' k61 Pat miecor ing ecre ary -172-