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HomeMy WebLinkAbout1986/01/06 - ADMIN - Minutes - City Council - Regular (2)MINUTES CITY COUNCIL MEETING ST. LOUIS PARK CITY COUNCIL June 2, 1986 1. Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations hone 3. Roll Call The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks 4. Approval of Minutes It was moved by Councilman Duffy, seconded by Councilman Strand, to approve the minutes of the May 19, 1986 City Council meeting. Councilman Strand wanted to make sure in item 6h that the tree would definitely be removed. The motion passed 5-0. (Councilman Meland, Mitchell abstained) 5. Approval of Agenda It was moved by Councilman Duffy, seconded by Councilman Backes to approve the consent agenda. The motion passed 7-0. It was moved by Councilman Meland , seconded by Councilman Mitchell, to approve the agenda with the following addition by Councilman Friedman: item llc: Traffic light at Georgia and Minnetonka. The motion passed 7-0. 6a. Faith Assembly of God PUBLIC HEARINGS Request of Faith Assembly of God to vacate a portion of 41st St. (con- tinued from May 19) Mr. Lory Palmer, 4140 Utica, presented a petition to Council signed by the 14 of the 16 residents of Utica who are in opposition to the vacation. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to reopen and continue it at a future date. Mayor Hanks asked if the applicant would be notified by the City of the response from, the State relative to the legality of its selling the property without notice. The City Manager said it was his understanding the applicant was not going to hold a neighborhood meeting until the state's action had been clarified. City Council meeting minutes June 2, 1986 The City Attorney said the state takes the position that the sale to the church was lawful, that notice to the City was not formally required under Minnesota Statues 161.44 (the statute spelling out the procedure for the state having acquired land for right-of-way for a trunk highway to relinquish that land back either to a local municipality, prior landowners or put out for bid to neighboring landowners or other members of the public). He said the state was correct in that that specific statute does not require notice to a local political subdivision. However, it was the attorney's opinion other state statutes do require provision of notice to a city. So, currently the City Attorney's office and the state are at a point of disagreement in this matter. Councilman Friedman alluded to the letter dated May 27, 1986 from the state in which it was stated the church had been in contact with City and that the City had no objections to the proposed plan and although normally the state would apprise the City of such proposed action, in this instance they did not. He asked what the legal status of that was - was it an invalid sale? The City Attorney responded the state takes the position that as a form of courtesy, they would ordinarily inform the City, they are not required to do so under the law and cite the above -referenced Statute as authority for their position. Councilman Strand asked if the City would have to actually contest the sale, and if not contested, the sale is valid. The City Attorney said that was correct. Councilman Strand asked if the neighborhood have standing to contest, to which the City Attorney responded that was possible, depending upon the specifics of the transaction. Mayor Hanks asked if the vacation took place, would the applicant have to return to Council for a special permit to construct a parking lot. The Director of Planning explained that if the street were vacated, then the church would claim ownership of the street and abutting property which would give them one large contiguous property. The zoning ordinance does not require a church to seek a special permit for parking, as the status of church is an outright use with parking as an allowed accessory use. He said they had indicated however the church did not want to meet the setback requirements which would necessitate a variance. It was moved by Councilman Duffy, seconded by Councilman Strand, to continue the matter to June 16, 1986 and notify the applicant to meet with the neighborhood. Also, that the applicant be informed residents of the 4100 block of Utica presented a petition to Council in opposition to the vacation. The motion passed 7-0. -107- City Council meeting minutes June 2, 1986 6b. Vacation: 2650 Edgewood Ave. Request of Michael and Katherine Wagner for vacation of a six-foot wide utility easement at 2650 Edgewood Ave. 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 Friedman, seconded by Councilman Strand, to waive first reading, set second reading for June 16, 1986 and authorize summary publication. The motion passed 7-0. 6c. Proposed cable tv transfer Request of Nortel Cable Corp. for approval of a transfer of the cable communications franchise held by Northern Cablevision to Nortel Cable Associates The following individuals addressed the Council: Ron Abrams, attorney for Storer Communications (the seller); Jerry Kazma, Naperville, IL (proposed buyer); David Murray, Portland, Maine (vice president of Union Mutual Insurance, proposed lending company). These gentlemen spoke in favor of the proposed transfer. Mr. Kazma alluded to the report before Council from Herbst & Thue, Don Johnson, and City staff. He said there were some inconsistencies to which they would rebut in writing to the City Council. Mr. Kazma said he and his company are very excited about this new opportunity and plan to invest a lot of money and a good deal of time to make it a successful operation. David Murray addressed the Council to explain Union Mutual's interest in the proposed transaction. John Gibbs, Herbst & Thue, the firm representing the City's interests spoke. He refreshed the Council's memory relative to the transfer process from a legal and ordinance perspective. It was their recommendation the hearing be continued to June 16, 1986 in order to provide the applicant, Nortel, to receive from Storer verification of 1985 financial data, to receive from Nortel a description of the proposed technical system in operation, cost estimates of the upgrade of the system, net worth statements from one of the partners and a final limited partnership agreement. Mr. Gibbs briefly went over the firm's preliminary conclusions. Councilman Mitchell referred to the 26,000 -subscriber system that was sold and inquired what geographical area it was in. Mr. Gibbs said one sale was in St. Louis and involved a sale by Mr. Kazma and his partner to a third party. Other systems sold involved systems with low subscribers which did not warrant continued business. -108- City Council meeting minutes June 2, 1986 Ll-qw�j4w�" Sol Burovitz, 2348 Decatur Ave., asked if there were any truth in rumors that the public service channels were to be eliminated. Mr. Kazma said it was indeed a rumor and that it was definitely not true. He said the access channels would be continued because they were part of the franchise and that Storer was committed to their continuance. It was moved by Councilman Mitchell, seconded by Councilman Meland to continue the hearing to June 16, 1986. The motion passed 7-0. 6d. Target special permit Amendment to a special permit for eso u ion - 7-- Target to construct a store at 3601 So. Hwy. 100 (cont. from May 19, 1986) Richard Brooks, Target Stores, briefly described the changes in the new plan presented to Council. He introduced Dean Wenger, Barton -Ashton, traffic engineers, and Don Whiskey, Resolution, Inc., public interest development projects. Both men spoke of their involvement in this project. Mr. Whiskey said the planned use was consistent, that the plan is consistent with the urban renewal plan, is consistent both with the Comprehensive Plan and zoning ordinance. Councilman Mitchell asked if , indeed, so much planning went into this project, how was the special permit allowed to lapse. Mr. Whiskey said there were two provisions in the permit relating to the construction period and the 1984 date. He said Target had its eye on the highway construction schedule rather than the other provision in the permit. Dean Wenger addressed the Council relative to parking problems, ingress/egress/ stacking problems, trucking turns and other matters of concern relative to traffic. Mr. Wenger walked Council through a detailed traffic pattern plan as Council members had received two sets of plans, both the same, and were not clear as to what changes were actually the ones being proposed. Councilman Mitchell wondered why this was before Council as a special permit since the basic site plan had not changed. What was being done was more correctly a remodel. In answer to Councilman Mitchell's question, the Director of Planning said the Knollwood store was now covered by a special permit but that it was not, in 1956, when it was built. He said that internal remodeling which does not change the square footage of a building is not covered by special permit. Verle Poffenberger, Byerly's, addressed the Council. He said Byerly's feels the Target store will be very good for their business and they are full of anticipation for the success of the project. He urged Council to approve the special permit and said they felt the sooner the better. There being no one further wishingto speak, the Mayor closed the hearing with the right of Council to therafter reopen and continue it at a future date. City Council meeting minutes June 2, 1986 !� In answer to a question from Councilman Strand relative to the plans, the City Manager said staff had met with Mr. Wenger and representatives from Byerly's and he felt Council could feel very comfortable that the issues in the memo Council received had been addressed and resolved in the plan as presented by Mr. Wenger. Councilman Friedman was perplexed that staff has not had an opportunity to review the plan before Council that evening. In response, the City Manager said that was true, that staff had not reviewed the plan prior to this evening, but that it does cover all the items discussed in meetings with representatives of Target and Byerly's. Councilman Friedman was upset the way the matter was handled, that is receiving a letter and plans over the weekend and then additional drawings just prior to the meeting. He asked why the item could not wait two more weeks for action. Mr. Brooks responded that Target felt all solutions had been worked out with the City. He said they could not file with the HRA until this amendment was approved. He said they were running out of time as far as the special permit is concerned, they have a construction start date by which the contractor doing the road work is required to vacate the site and prepare a pad for the store. He said since the start date was in September, there really wasn't time to wait an additional two weeks. Mayor Hanks was upset that the letter to Council from Target misquoted him in that he did not push for this item being on tonight's agenda, that he, ?� indeed, had expressed his desire that it be on the June 16 agenda. It was moved by Councilman Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution 86-67 entitled "A resolution rescinding Resolution 85-125 adopted on Sept. 3, 1985 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a discount department store containing 85,000 gross sq. ft. for property located in the PUD, planned unit development district, at 3601 So. Hwy. ]Do.-- Councilman 00." Councilman Meland asked if the motion included recording on the drawings "Revised May 30, 1986". This was agreeable to the maker and second to the motion. Councilman Mitchell said he remained opposed to a two Target town and would remain opposed to the project. The motion passed 5-2 (Councilmen Mitchell and Strand opposed). PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request of Victor Carlson Victor Carlson request for time eso u ion - extension It was moved by Councilman Friedman, seconded by Councilman Strand to waive reading and adopt Resolution 86-72 entitled "Resolution amending Resolution -110- City Council meeting minutes' June 3, 1986 86-72 entitled "Resolution amending Resolution 85-92 granting a permit under Section 14-126(5) of the zoning ordinance to permit the construction of cluster housing on property located in the R-2 single family residence district at 1650-1670 Brunswick Ave." The motion passed 7-0. 7b. Jewish Federation request Jewish Federation request for Resolution - time extension It was moved by Councilman Mitchell, seconded by Councilman Friedman to waive reading and adopt Resolution 86-74 entitled "Resolution amending agreement No. 1709 for furnishing subdivision improvements by changing construction dates." The motion passed 7-0. 8a. Liquor ordinance r finance o. 80-86 RESOLUTIONS AND ORDINANCES Second reading of liquor ordinance related to minors It was moved by Councilman Strand, seconded by Councilman Mitchell to waive second reading and adopt Ordinance No. 1680-86 entitled "An ordinance amending the St. Louis Park Ordinance Code related to minors and liquor: Repealing l and replacing Sections 13-308(la) and 13-326(2)" The motion passed 6-1 (Councilman Meland opposed). 8b. Fireworks Res%ut on 86-68 Resolution granting use of Aquila Park for fireworks on July 4, 1986 It was moved by Councilman Friedman, seconded by Councilman Strand to waive reading and adopt Resolution 86-68 entitled "Resolution granting temporary use of city property." The motion passed 7-0. 8c. Servlite, Inc. Request of Servlite, Inc. to amend eso ution -69 an approved special permit to permit construction of a Class I -w restaurant at 8700 Hwy. 7 It was moved by Councilman Strand, seconded by Councilman Meland to waive reading and adopt Resolution No. 86-69 entitled "A resolution rescinding Resolution No. 85-221 adopted on December 16 1985 rescinding Resolution No. 84-55 adopted on May 7, 1984 and granting special permit under Section 14-123.100(2) and 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a Class Iw restaurant and to amend the approved grading plan for property located in the B-2 general business district; F-1 floodway district and F-2 floodplain district at 8700 Hwy. 1." The motion passed 7-0. City Council meeting minutes June 2, 1986 8d. Traffic study 353I Traffic study 353I: 3100 blocks of Georgia and Hampshire Avenues It was moved by Councilman Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution 86-70 entitled "Resolution authorizing removal of "No parking" signs on the east side of Hampshire Ave. 50 ft. south of Minnetonka Blvd. to a point 150 ft. south." The motion passed 7-0. Be. Land sale: Cedar Lake Rd. Second reading of an ordinance Ordinance - re sale of a portion of land at 6607 Cedar Lake Rd. C�-% It was moved by Councilman Mitchell, seconded by Councilman Friedman to waive reading and adopt Ordinance 1681-86 entitled "An ordinance authorizing the sale by the city of vacant land southerly of 6007 Cedar Lake Rd." The motion passed 7-0. 8f. Taxicab licensing First reading of an ordinance amendment related to taxicab licensing It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive first reading, set second reading for June 16 and authorize summary publication. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Dakota/Library Lane parking Neighborhood meeting with business owners to discuss parking issues on Lake St. between Dakota Ave. b Library Lane It was moved by Councilman Meland, seconded by Councilman Mitchell, to receive the report for filing. The motion passed 7-0. 9b. Traffic Study 355 eso u ion - Traffic study 355: Gettysburg Ave. So. at Independence Ave. So. It was moved by Councilman Backes, seconded by Councilman Strand to waive reading and adopt Resolution 86-71 entitled "Resolution authorizing installation of traffic control signs on Gettysburg Ave. at its northerly intersection with Independence Ave." The motion passed 7-0. 9c. Cable TV needs assessment 110 It was moved by Councilman Mitchell, seconded by Councilman Duffy, Ir . - 1 .1 . J­ . 11 - 1; 1 - - =��_ � L,,wj -ANOMON" City Council meeting minutes June 2, 1986 that the City enter into a contract with tk Associates of Minneapolis, Inc. and Hanson & Quick Marketing Services in the amount of $10,134 to conduct a community needs assessment. Councilman Friedman asked if the consultants were going to train members of the Cable TV Commission to be interviewers, to which the City Manager reported that was correct and that the consultants would then analyze the information. Councilman Friedman asked how the sampling would be selected and the City Manager responded there would be a random selection of 300 residences which would then be cross-checked against the cable tv subscribers list. Councilman Friedman asked if this had ever been done before and the City Manager said it had not. Mayor Hanks said this was at the request of the Cable TV Commission, to give them some idea of what the residents of the City wanted as far as cable services were concerned. This assessment was being initiated prior to the cable franchise renewal process. Councilman Friedman was questioning the need for spending $10,000 to obtain this information. Councilman Mitchell, as a member of the Cable Tv Advisory Commission, said the intent of this project was really to save money. He said hiring the whole project out would involve many more dollars and this was an attempt to cut down on the overall expense of the project. Councilman Friedman wondered if the City did not maintain some sort of complaint file from which citizen satisfaction/dissatisfaction could not be derived. Mayor Hanks said that first, this project was recommended by the people concerned with the refranchising and secondly, it is paid for out of the Cable TV Fund and not by City funds. Councilman Duffy pointed out that more importantly, this money is reimbursable by the cable company at the time the new franchise is accepted by the City Council so it is not money the City is putting out at all. Councilman Friedman then asked if it were reimbursable, why isn't a consulting firm doing the whole thing. Councilman Duffy felt the Cable TV Commission had asked to become involved. Councilman Mitchell withdrew his motion and asked that it be deferred to June 16, 1986. Councilman Friedman seconded. Councilman Meland noted that any future franchise would probably be of 15 years in length and this is the one opportunity for the City to put into the ordinance requirements, or perhaps delete requirements, in the present ordinance. The motion passed 1-0. 9d. American Legion parking lot -113- The following residents of the neighborhood immediately surrounding City Council meeting minutes June 2, 1986 the American Legion spoke in opposition to the proposed plan: Barbara Larson, 4048 Xenwood, Bruce Levin, 4045 Xenwood Ave. and Les Erickson, 4056 Xenwood Ave. So. Their main concern is the number of children in the neighborhood as well as the young families who will be having families in the future. A petition signed my residents of Xenwood was distributed to Council expressing the neighborhood's opposition to the proposed parking lot. Tom Shottenbauer representing the American Legion displayed a transparency of the proposed design. He addressed the concerns of snow removal (15 feet along the perimeter of the parking lot has been allocated for snow storage), parking lights shining into residents' home (another barrier of bushes is to be planted to prevent this happening), and provide for a snowplow easement on its property facilitating the plowing of Xenwood Ave. Following additional conversation, it was moved by Councilman Strand, seconded by Councilman Duffy, to defer the item to allow more opportunity for the Legion and the neighborhood to work together to try to iron out their problems. The motion passed 7-0. 9e. Ottawa Ave. It was moved by Councilman Meland, seconded by Councilman Backes to set a public hearing for July 7, 1986 and that staff be authorized to hold a neighborhood meeting with the affected property owners prior to the hearing. The motion passed 7-0. 9f. April financial report 9g. Planning Commission minutes May 7 9h. HRA minutes May 13 9i. Park b Recreation minutes May 14 The minutes were ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Mayor Hanks, seconded by Councilman Friedman that Councilman Duffy be appointed to the Housing and Redevelopment Authority. The motion passed 6-1 (Councilman Duffy abstained). NEW BUSINESS 11. Bid tab:Street improvements Street improvements at TH 7 south frontage road and Beth El Synagogue parking lot It was moved by Councilman Meland, seconded by Councilman Duffy to designate Midwest Asphalt as the lowest responsible bidder and authorize execution of a contract in the amount of $103,388.30. The motion passed 6-0-1 (Councilman Friedman abstained). City Council meeting minutes June 2, 1986 llb. Bid tab: Seal coat materials The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Backes to designate Koch Asphalt Co and J. L. Shiely as lowest responsible bidders for CRS -2 and FA -3 granite rock respectively and authorize execution of contracts for $44,180 and $56,150 respectively. llc. Traffic: Minnetonka/Georgia Councilman Friedman said there used to be a traffic signal at Hampshire and Minnetonka Blvd. He felt placement of a signal was warranted at Minnetonka and Georgia. He said a Mr. Andrews from the County did not feel a signal was warranted. Councilman Friedman alluded to the many elderly who use Lenox Community Center as well as the many children using the day care center. He asked that staff look into the possibility of installing a signal. Councilman Friedman said he has become aware of some changes in state law relative to gambling prize limits and exemptions. He asked that staff prepare an amendment to the ordinance to bring it into conformance with state law. MISCELLANEOUS 12a. Claims 12b. Communications from the Mayor 12c. Communications from City Manager None The Mayor presented a Centennial update and reported on the very successful All Choir Sing. The City Manager discussed the items for the June 9 study session CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Duffy to of verified claims prepared by the Director of Finance dated Junep2, 1986 rove einlist the amount of$504,366.19 for vendor claims and $7,044.21 for payroll claims be approved and that the City Manager and City Treasurer be authorized to execute checks in the appropriate amounts. 13b. Contract payments 1. Final payment: Bury and Carlson, street construction, Ottawa Ave./ T. H. 7. Amount $33,635. It was moved by Councilman Duffy, seconded by Councilman Backes to waive reading and adopt Resolution 86-71 entitled "Resolution accepting work on watermain 8 sanitary sewer City Project Nos. 83-07, 83-13 and 83-37. The motion passed 7-0. -115- : City Council meeting minutes June 2, 1986 2. Partial payment: Electrical Service, street lighting. Amount: $71,102 It was moved by Councilman Duffy, seconded by Councilman Meland, to approve and authorize payment. The motion passed 7-0. 14. Adjournment Pft Smith, ecor ing Secretary -116- The meeting was adjourned at 10:22 on a motion by Councilman Friedman, secorded by Councilman Meland. �, ve"t� y an s, ayor