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Home My WebLink About1985/10/07 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 7, 1985 1. Roll Call The meeting was called to order at 1:30 p.m. by Mayor Lyle Hanks. 2. Presentations Sue Knauer and Dr. Carl Holmstrom, President of the School Board and Superintendent of Schools, respectively, spoke in appreciation of the cooperation between the School District and the City. They presented a brief overview of programs to be offered in the District in the upcoming year. Mayor Hanks read and presented a proclamation in honor of Women's Business Week. 3. Roll Call The following members were present at roll call: Ronald Backes Thomas Duffy Jerrold Martin Keith Meland Larry Mitchell Lyle Hanks Also present were the City Manager, City Attorney, Director of City Develop- ment, Director of Public Works and the City Assessor. 4. Approval of Minutes It was moved by Councilman Martin, seconded by Councilman Mitchell to approve the minutes of the September 16, 1985 meeting with the following change: re the fiscal disparities item, Councilman Mitchell wanted the minutes to reflect that he felt the Bloomington position was well known and that the City should have taken a stand. Councilman Backes asked that the words "City Council" be inserted after the word Bloomington. The motion passed 5-0-1 (Councilman Meland abstained). It was moved by Councilman Mitchell, seconded by Councilman Backes, to approve the minutes of the study session held on September 23, 1985. The motion passed 4-0-2 (Councilmen Meland and Duffy abstained). 5. Approval of Agenda It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the consent agenda for October 7, 1985. The motion passed 6-0. It was moved by Councilman Mitchell, seconded by Councilman Martin, to approve the agenda for October 7, 1985 with the following additions: 7b. Driveway variance and llg. Resignation of Councilman Strohl. The motion passed 6-0. -155- City Council meeting minutes October 7, 1985 PUBLIC HEARINGS 11 6a. Loney liquor license Liquor license application of James Loney dba Tonka Liquor Store There being no one 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 Meland, seconded by Councilman Duffy, to approve the application. The motion passed 6-0. 6b. Methodist Hospital bonds Methodist Hospital request for industrial Resolution 85-147 revenue bonds In answer to a question, Don Keysser, representing Methodist Hospital, explained the requested funding was to be used for capital improvements and debt financing. 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 Martin to waive reading and adopt Resolution 85-147 entitled "Resolution giving preliminary approval to a project and its financing under the Municipal Industrial Development Act on behalf of Methodist Hospital; referring the proposal to the Minnesota Department of Energy and Economic Development for approval; giving preliminary approval to a refunding of certain revenue bonds of the City; and authorizing preparation of necessary documents." The motion passed 6-0. 6c. Project 85-01: Paving Assessment hearing, Project 85-01: Resolution85-149--Concrete alley paving between Dakota Ave. So. and Edgewood Ave. So. from 28th to 29th St. 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 Backes, seconded by Councilman Martin, to waive reading and adopt Resolution 85-148 entitled "Resolution adopting assessment: Improvement No. 85-01: Alley paving". The motion passed 6-0. +' -156- City Council meeting minutes October 7, 1985 6d. Project 85-30: Paving Resolution85-149 Assessment hearing, Project 85-30: Alley paving between Hamilton St. and 35th St. from Wooddale Ave. to Dakota Ave. It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt Resolution 85-149 entitled "Resolution adopting assessment: Improvement 85-30: Alley paving." The motion passed 6-0. 6e. Project 85-31: Paving Assessment hearing Project 85-31: Alley paving between Pennsylvania and Quebec, Hwy 7 to Division St. It was moved by Councilman Meland, seconded by Councilman Martin, to continue the hearing to November 18, 1985. The motion passed 6-0. 6f. Perkins special permit Resolutions 85-15U—,—E-151 Perkins Restaurant: Request for special permit for addition of a parking area and request for a preliminary and final plat at 4150 Excelsior Blvd. Linda Fisher, representing Perkins, asked for several modifications to the resolution relating to the special permit. The resolution of final plat was acceptable to Perkins. Perkins would require a special permit for 22 parking spaces on the property where the abandoned liquor store now stands& have agreed to the trash enclosure and to landscaping. They did request a 70' flag pole, which is the standard for all Perkins' properties. It was her understanding flag poles do not fall under the sign ordinance and are not regulated. Perkins did object to the height of the flag pole being regulated by the Planning Commission. She said Perkins would lower the flag at 11:00 p.m. and in the event of winds which would increase the noise factor. The other request related to condition 18 relative to the median cut. She asked that the condition be deleted or softened to indicate Perkins would consider a closure of the rear exit. Relative to condition 12, and conditions of a sidewalk, its relocation and more extensive improvements including up to four boulevard trees, tree grates and exposed aggregate: She said Perkins' architect estimated those additional conditions to cost upwards of $5,000. She said relocation of the sidewalk was not on Perkins' site plan. Councilman Martin appreciated Perkins' position, but also felt the most expeditious time for improvement of this section of Excelsior Blvd. was when a major change, such as proposed, was going to be done. The City Development Director said that as properties have been upgraded, the City is trying to develop a standard relative to sidewalks and that the plan here, as proposed, is in line with that standard. -157- r City Council meeting minutes October 7, 1985 Councilman Martin asked if it would be acceptable to Perkins that the side- walk not now be moved, but should that become necessary in the future, Perk- ins would be responsible for the cost. Ms. Fisher felt that it would. Mr. Dave Dahlberg, 4224 W. 36th St. spoke of his interest in�gi��an��hon St. closed because of the traffic generated by the restaurant and formerly gas station, more recently liquor store. Ken Faulkner, 4225 W. 36th St., could not understand why Perkins would con- struct a 70' flag pole which would be seven times the height of a one-story building, the height of most buildings in the area. He said this flag pole will create a great deal of noise and that it was simply too close to the residences. He was concerned that Perkins be aware of how close the flag pole will be to the residences. Clarence Duryea and Nancy Snyder, two other neighborhood residents, also expressed their concerns relative to the flag pole, landscaping and the sidewalk. There being no one further wishing to speak, the Mayor closed the hearing 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 approve the resolution of final plat and special permit. It was moved by Councilman Martin, seconded by Councilman Backes to delete condition 18. A discussion followed relating to ingress/egress. It was determined that nothing was being changed at the location relative to entrances and exits. Councilman Martin felt that because nothing was being changed, there was no reason to close 36th St. off. Councilman Mitchell felt this condition was of importance relative to control of traffic off of and onto Excelsior Blvd. Councilman Duffy felt some reference should be left in but perhaps not quite so emphatic. He felt that in the future if there were to be a median cut 4t would be incumbent on Perkins to look at using a median cut to get traffic into their property and then close 36th St. He was concerned about committing Perkins to something that might be quite far in the future. Councilman Mitchell asked if the language of condition 18 could s ate that Council could review should a cut be obtained. Mayor Hanks asked the City Attorney to respond. The City Attorney replied that any condition could be put in the permit that would have a reasonable relationship to what the circumstances are. f� -158- City Council meeting minutes October 7, 1985 A question of procedure arose, the Mayor opining that the motion for a change in language of condition 18 was in opposition to the original motion to delete it. Councilman Martin questioned whether the Council could legally incorporate this into the special permit, that at a future date should a median cut be accomplished, Perkins could be deprived of ingress/egress off of W. 36th St. He asked if the City could, at any time, arbitrarily decide that an access to a business be closed. The City Attorney replied that the City cannot, nor is it ever arbitrary. He said the City must be reasonable, i.e. fair. In the present case, were that to occur in the future, reasonable alternatives for handling the traffic would be made available. Martin Councilman/felt it was stringing the residents along relative to a potential future closing of W. 36th, and maintained the condition should be deleted. The motion to delete condition 18 failed on a 3-3 roll call vote (Backes, Duffy, Martin in favor; Meland, Mitchell, Hanks opposed). Councilman Martin moved that condition 18 be amended to state the City Council will review at such time as a median cut can be provided. The motion was seconded by Councilman Duffy. The motion passed 4-2 (Councilman Meland, Mayor Hanks opposed). } Councilman Martin asked if any action relative to the flag pole could be construed as tampering with freedom of speech. The City Attorney did not believe that any action by the Council to deal with the height of a flag pole based upon its impact on adjoining property owners would be a Constitutional invasion of free speech. Councilman Martin asked if the City could order a noisy flag pole removed, and the City Attorney replied that public bodies do have the right to regulate noise conditions. Mayor Hanks asked if the restaurant had a certain size flag that necessitated such a tall pole. He felt a 70' pole was highly out of proportion to the neighborhood. A representative from Perkins said a 40' pole would be the same height _as their Perkins sign and therefore could not be adequately seen. Councilman Duffy said they don't need a permit and don't need Council's permission to erect a flag pole, so conceivably they could delete it from the plan and thereafter go ahead and install a 70' pole. It was moved by Councilman Backes, seconded by Councilman Duffy, to leave condition 14 as is with the deletion of "including the 40 foot flag pole." The motion passed 6-0. -159- City Council meeting minutes October 7, 1985 Councilman Martin moved that condition 16 be deleted. The motion died for lack of a second. Councilman Backes called the question on the resolution before Council. Councilman Duffy said he would like to have some language in condition 16 indicating Perkins' agreement to lower the flag at 11:00 p.m. and whenever the winds exceed 20 mph so that the residents have some con- solation that Perkins does have a commitment to the City of St. Louis aAgs �i8��hitic6g88 geeIsC80gcii�TAnAtFtiMerything else in that condition and so moved Councilman Mitchell felt a 70' flag pole was unrealistic on this property. A discussion ensued relative to Council's regulating the flag pole by special permit because it was on the site plan, and the City Attorney was asked to comment. The City Attorney responded that the interpretation of a site plan in every case is a matter of Council intent. It becomes a question of any detail on a plan, such as a flag pole, being inconsistent with that intent. Any thing that is not literally spelled out on a plan is either worked out or becomes the intent of the Council. The motion, as reworded by Councilman Duffy, failed 2-4 (Councilmen Backes, Meland, Mitchell and Mayor Hanks opposed). Councilman Backes said there was a motion on the floor with the modifica- tion of condition 14 and modificatim of 18 and he moved the question which was seconded by Councilman Meland. The motion passed 4-1-1 (Councilman Duffy opposed; Councilman Martin absent). Mayor Hanks wondered if language relative to the flag pole might not be modified to reflect the consensus of the Planning Commission, i.e., the pole be made "as silent as possible." Councilman Backes didn't know if a problem existed with a 70' flag pole as compared to a 40' pool due to the mechanics and perhaps eliminating the last portion of the condition would eliminate any problem. ` Councilman Backes moved to eliminate everything beyond "that the flag pole be limited to 40 feet in height." There was no second. The motion as called by Councilman Backes failed 2-4 (Councilmen Duffy, Martin, Mitchell, Mayor Hanks opposed). Councilman Backes moved and Councilman Meland seconded to waive reading • and adopt resolution as amended previously, i.e., amend condition 14 by deleting "including the 40 foot flag pole; that condition 16 remain as is; and that condition 18 be modified to say Council would review the proposed closure of W. 36th St. access should a median cut be obtained. The motion passed 6-0. -160- ' City Council meeting minutes October 7, 1985 1a. Fuddrucker's REQUESTS, PETITIONS, COMMUNICATIONS Fuddrucker's request to hold an out- door festival on Oct. 12, 1985 It was moved by Councilman Duffy, seconded by Councilman Martin, to approve the request to hold an outdoor festival on October 12, 1985. The motion passed 5-0-1 (Councilman Backes absent) 1b. Driveway variance request Owen Carlson's request relative to a driveway variance It was moved by Councilman Meland, seconded by Councilman Duffy to grant a var- iance which would permit the installation of a 25 -foot driveway apron insteac of the standard 22 -foot apron. The motion passed 5-0-1 (Councilman Backes absent) Councilman Backes returned to chambers. RESOLUTIONS AND ORDINANCES 8a. Securities for collateral It was moved by Councilman Martin, Res o u ion No. - seconded by Councilman Mitchell to waive reading and adopt Resolution 85-152 entitled "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN." The motion passed 6-0. 8b. Amhurst special permit Minor amendment to Amhurst special permit Councilman Backes said he was unaware of what the developer wanted to change and that the homeowners association had no knowledge either. It was moved by Councilman Backes, seconded by Councilman Mitchell, to defer the item to October 21, 1985. The motion passed 6-0. 81• Election jud es It was moved by Councilman Meland, eso u ion o. 85-153 seconded by Councilman Mitchell waive reading and adopt 5andtlon naming No. 85-153 entitled "Resolution designating polling places election judges for City general election November 5, 1985." The motion passed 6-0. -161- City Council meeting minutes October 7, 1985 8d. License fees Ordinance revising license fees It was moved by Councilman Mitchell, seconded by Councilman Meland to 1 waive first reading, set second reading for October 21, 1985 and authorize summary publication. The motion passed 6-0. 8e. Boisclair project It was moved by Councilman Duffy, Resolutions 85-154 thru 157 seconded by Councilman Martin to pass the following resolutions, all titled the same: No. 85-154 "Approving the form of and authorizing the execution and delivery of a supplemental indenture of trust providing for the security, rights and remedies of the holders of the City of St. Louis Park, Minnesota, commercial development variable rate demand revenue bonds (Excelsior Partners 100 Limited Partnership); No. 85-155 (Watertower Partners 100 Limited Partnership); No. 85-156 (Park Center Partners 100 Limited Partnership) and 85-157 (Wooddale Partners 100 Limited Partnership). The motion passed 6-0. 8f. 1985 revised budget 1986 budget First reading of an ordinance approving the 1985 revised budget and 1986 budget It was moved by Councilman Meland, seconded by Councilman Duffy, to waive first reading and set second reading for October 21, 1985. The motion passed 6-0. 8g. 1985 tax levy Resolution No. 85-158 Delinquent assessmen s Resolutions approving 1985 tax Resolution o. 85-1—a levy payable in 1986 and levying assessment for delinquent water/sewer/ refuse charges, nuisance abatements, false alarm fees, random sidewalk, curb/gutter repair and tree removal. It was moved by Councilman Mitchell, seconded by Councilman Backes to waive reading and adopt Resolutions 85-158 and 85-158a. The motion passed 6-0. 8h. Drug ordinance Second reading of an ordinance r finance No. 1662-85 relating to drugs It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt Ordinance No. 1662-85 entitled An ordinance related to prohibited drugs and paraphernalia: Amending the St. Louis Park Ordinance Code." The motion passed 6-0. -162- City Council meeting minutes October 7, 1985 9a. Auditor's letter REPORTS FROM OFFICERS, BOARDS, COMMITTEES Implementation of Auditor's management letter re 1984 financial audit It was moved by Councilman Mitchell, seconded by Councilman Duffy to approve implementation of the items in the Auditor's letter relative to the 1984 audit. The motion passed 6-0. 9b. Dakota Ave. overlay By consent, in the Dakota were approved. the modifications Ave. overlay project 9c. Shelard rock garden Approval of Shelard rock garden contract It was moved by Councilman Mitchell, seconded by Councilman Meland, to authorize execution of an agreement for the third phase of the Shelard rock garden project. The motion passed 6-0. 9d. Hwy. 7/Ottawa stop sign eso u ion o. - Traffic study #342: Highway 7/Ottawa Ave. frontage road stop signs Councilman Mitchell asked if this project had been discussed with the neigh- borhood, to which the Director of Public Works said it had not since this project was considered essential. It was moved by Counciman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution No. 85-159 entitled "Resolution authorizing the installation of traffic control signs on the Highway 7 north frontage road at Ottawa Ave." The motion passed 6-0. 9e. Carpenter Park building Building replacement at Carpenter Park It was moved by Councilman Martin, seconded by Councilman Mitchell to authorize the City to enter into a purchase agreement with Cedar Forest Products, c/o Bob Klein 8 Associates for the purchase and delivery of a hexagonal building. The motion passed 6-0. 9f- Daystar Ministries Daystar Ministries: Request to change zoning from R-1 to PUD at 2925 Monterey Ave. It was moved by Councilman Mitchell, seconded by Councilman Martin to approve the preliminary PUD. The motion passed 6-0. -163- r City Council meeting minutes October 7, 1985 9g. Bond program Small and medium-sized industrial revenue bond program It was moved by Councilman Meland, seconded by Councilman Martin to proceed with the program. The City Manager said representatives from Miller and Schroeder were available to talk about the program. He said there was some question as to whether the program should proceed at this time. Because of declining interest rates, other options were becoming available which represented a more attractive financing. Councilman Meland withdrew his motion. Discussion followed relative to the program and its financing. It was moved by Councilman Martin, seconded by Councilman Duffy to discon- tinue the program for 1985 but keep the option open for 1986 and in the interim re -solicit additional participants. The motion passed 6-0. 9h. 25J St. frontage road It was Resolutions 85-160-,--85-161 seconded to waive 85-160 approving and ordering in project and tion .of aA_dareement. for., co$t reimbursement. The motion passed 6-0 moved by Councilman Martin, by Councilman Mitchell reading and adopt Resolution Resolution 85-161 authorizing exec 9i. 1985 audit It was moved by Councilman Mitchell, eso u ion No. 85-162 seconded by Councilman Meland, to waive reading and adopt Resolution 85-162 entitled "Resolution providing for the employment of George M. Hansen Company to audit the accounts and records of the City for the 1985 fiscal year." The motion passed 6-0. 9j. Minutes of Streets b Highways meeting 9k. Minutes or NarK ana Kecreation commission 91. Minutes o ousin and nRedevelopmentu ority 9m. biinu es o PlanningCommission 9n. ff1nn es of Housing and Redev—e7opment Authority special meeting 9o. Rinutes of Human Rights Commission All minutes were ordered filed by consent. UNFINISHED BUSINESS 10a. Boards b Comriiissions eso u ion No. 85,-T'66 It was moved by Councilman Meland, seconded by Councilman Backes to adopt a resolution naming Don -164- r I-% City Council meeting minutes October 7, 1985 Rye and James Grube the the Bassett Creek Watershed District as commissioner and alternate, respectively. An interview with Mr. Paul Cain, interested in serving on the Metropolitan Sound Abatement Council was set for October 21, 1985. NEW BUSINESS lla. Mayor/Council salaries It was moved by Councilman Mitchell, seconded by Councilman Martin to set a public hearing on proposed Mayor and Council salary increases for October 21, 1985. The motion passed 6-0. llb. Bid tab: Street lighting Co. as the lowest responsible bidder for $83,600.00. The motion passed 6-0. It was moved by Councilman Duffy, seconded by Councilman Backes to designate Electric Service and authorize execution of a contract llc. Bid tab: Watermain at ar woo s Rd. It was moved by Councilman Meland, seconded by Councilman Mitchell to designate 0 b P Contracting as the lowest responsible bidder and authorize execution of a contract for $54,209.85. The motion passed 5-0. lld. Change order: Hayes Construction It was moved by Councilman Meland, seconded by Councilman Mitchell, to approve the change order giving a time extension to Hayes Construction. The motion passed 6-0. lle. Bid tab: iree stock It was moved by Councilman Martin, seconded by Councilman Backes, to designate the fol:owing nurseries as supp'iers for the City's 1986 tree stock: Minnesota Tree, Midland Tree, Branch Landscape, Wilson Nursecy, Lino Lames "llursery and Minnesota Wholesale and authorize execution of contracts with those firms. The motion passed 6-0. llf. Change order: Trail improvements The motion passed 6-0. -165- It was moved by Councilman Duffy, seconded by Councilman Martin, to approve and authorize extension. City Council meeting minutes October 7, 1985 llg. Stroh] resignation Resolution No. 5-163 No. 85-163 entitled "Resolution Councilman Richard Strohl." The motion passed 6-0. 12a. Claims It was moved by Councilman Duffy seconded by Councilman Martin, to waive reading and adopt Resolution accepting resignation of First Ward MISCELLANEOUS Bartholomew Rincy vs. City Police Dept. Martin Feinne vs. St. Louis Park Sgt. Sewall Leslie G. Krinke By consent, the claims were referred to the City Attorney and City Clerk. b. CoamiunicaLions from Mayor Mayor Hanks reminded Council of the next Centennial meeting scheduled for October 9. Communications from City Manager The City Manager said that Adminis- trative Assistant Cris Gears had resigned to accept the position of City Manager for the City of Excelsior. He reminded Council of the Regional Transit Board breakfast An agenda for the study session was discussed. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Meland, seconded by Councilman Duffy, that the list of verified claims prepared by the Director of Finance dated October 7, 1985 in the amount of $516,914.99 for vendor claims and $15,604.94 for payroll claims be approved and that the City Treasurer and City Manager be authorized to issue checks in the appropriate amounts. 13b. Contract payments Resolution 85-164, 85-165 It was moved by Councilman Backes, seconded by Councilman Meland, to waive reading and adopt the following resolutions: No. 85-164, Resolution accepting work on Traffic signal system, Project 78-10A, Contract 1678 and Resolution 85-165, Resolution accepting work on Shelard Park improvements, Project 85-08, Contract 1681A. The motion passed 6-0. -166- City Council meeting minutes October 7, 1985 It was moved by Councilman Duffy, seconded by Councilman Mitchell to approve the following partial payments: 3. Bury and Carlson, watermain & sanitary sewer. Amount: $94,466.44; 4. Standard Sidewalk, watermain & sanitary sewer. Amount: $3,865.32 5. Barber Construction Co., excavation, bituminous paving, concrete curbs. Amount: $14,814.02; 6.Bituminous Roadways, Inc., tennis court, trails, concrete wing wall and decorative pavement. Amount: $23,890.86; 7. Hayes Construction, lift station $15. Amount: $66,823.00 The motion passed 6-0. 14. Ad.iournment � cor ing ecretary -167- The meeting adjourned at 10:15 p.m. ay