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HomeMy WebLinkAbout1986/05/19 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 19, 1986 1. Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call The following Council members were present at roll call: Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval of Minutes It was moved by Councilman Duffy, seconded by Councilman Strand, to approve the minutes of the joint City Council/Policy Advisory Committee meeting on May 5, 1986. The motion passed 4-0-1 (Councilman Mitchell abstained). It was moved by Councilman Strand, seconded by Councilman Duffy, to approve the minutes of the May 5, 1986 City Council meeting. The motion passed 4-0-1 (Councilman Mitchell abstained). It was moved by Councilman Mitchell, seconded by Councilman Duffy, to approve the minutes of the May 12, 1986 study session. The motion passed 5-0. 5. Approval of Agenda It was moved by Councilman Duffy, seconded by Councilman Strand, to approve the consent agenda, adding items 9g and 9 h to the June 2 agenda. The motion passed 5-0. It was moved by Councilman Mitchell, seconded by Councilman Friedman, to approve the agenda for the meeting. The motion passed 5-0. PUBLIC HEARINGS 6. Taxicab license requests a. Yellow Taxi Company b. Airport Taxi c. Suburban Taxi At the conclusion of discussion by members of the audience, it was deter- mined all three requests could be heard as one item. -93- City Council meeting minutes May 19, 1986 The following individuals spoke to the issue: Nathan Shaw (Airport Taxi); Bob Janecek (Town Taxi); James LeTourneau (Yellow Taxi); Henry Bierbrauer (Town Taxi); Mark Muldoon (Suburban Taxi); Sam Gordon, cab driver; Sam Bellman, attorney; and Rich Lawhead, cab driver. In essence, the gentlemen from Yellow Taxi, Airport Taxi and Town Taxi reitereated their comments from the May 5, 1986 Council meeting. The other individuals explained their reasons for supporting the need for additional licenses. Upon receipt of all testimony, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. Councilman Strand felt the issue should be open to the marketplace. St. Louis Park seems to stand along among all the surrounding communities in limiting licensing thereby providing protection for one company and limiting four applicants who wish to service the community. He felt the Council should let competition decide how many cabs are required and he didn't feel he was prepared to designate who got 5, 10, 20 etc. Councilman Duffy agreed stating only that the City Council would have a chance to look at each company's license and to review any new applicant for licensing. Councilman Strand asked, if procedurally, Council could approve the licenses requested and reserve the right to approve any new company applying. Mayor Hanks said that since this would constitute an amendment to the taxi ordinance, this would have to return to the June 2 meeting. It was moved by Councilman Strand, seconded by Councilman Duffy, that the City Council is satisfied that the public convenience is served by granting the licenses requested and that the City Attorney be directed to prepare an amendment to the City's taxi ordinance which would permit the City Manager to grant licenses to any and all applicants who qualify, reserving to Council the right to approve each new applicant. Councilman Friedman offered an amendment to the motion to include in the ordinance that a company may not refuse a call and if found to be refusing calls, it could lose its licenses -- the cab and the company under which it is licensed. The amendment was acceptable to Councilmen Strand and Duffy. Councilman Friedman explained his vote was not based on any of the cab companies providing poor service to the City. It was his personal knowledge that Town Taxi has provided good service. However, he agreed with Councilman Strand about the difficulty of apportioning licenses. His main concern would be an anti-trust action against the City as has happened elsewhere. He didn't feel the citizens should be exposed to even the defense of an anti-trust action, and he didn't believe it was the Council's job to determine who is and who is not to have the opportunity to seek a livelihood in St. Louis Park. -94- City Council meeting minutes May 19, 1986 Councilman Mitchell wanted the motion clarified, i.e., were all three requests being approved this evening. Mayor Hanks responded not until the amended ordinance is passed. Councilman Mitchell asked the maker of the motion if it was his intent that the requested licenses are not granted until Council has approved the amendment to the taxi cab ordinance, to which Mr. Strand responded that was correct. The motion passed 5-0. 6d. Med Center: Special permit Special permit amendment for Park Resolution 86-61 Nicollet Medical Center There being no one present 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 Friedman to waive reading and adopt Resolution 86-61 entitled "A Resolution rescinding Resolution 85-134 adopted on Sept. 16, 1985 which rescinded Resolution 84-128 adopted on August 20, 1984 which rescinded Resolution No. 84-23 adopted on February 20, 1984 which rescinded Resolution No. 84-16 adopted on February 6, 1984 which rescinded Resolution 7459 adopted on Sept. 6, 1983 and granting special permit under Section 14-124.101 of the St. Louis Park ordinance code relating to zoning to allow a 250,764 sq. ft. medical center including 22 motel type units for patients and a parking lot with 211 spaces for property located in a PUD, planned unit development district, at 5000 W. 39th St." The motion passed 5-0. 6e. Bor-Son/Plesko project Special permit for Bor-Son/Plesko Resolution 86-62 Partnership to construct a 201 -unit senior citizen apartment building Mike Gould, representing the Bor-Son/Plesko Partnership, addressed items 6, 9, 10 and 11 of the resolution. He wanted item 6 to reflect a five percent increase in landscaping rather than removal of 20 parking spaces. In item 9, that the grade be maintained at less than 6%. In item 10, that the walkway grades not exceed five percent rather than four percent. Finally, in item 11, to reflect that they will match the walkway materials as well as lighting within the parkway system. In answer to a question from Councilman Strand, the Planning Director explained about grades. Neil Weber, architect, displayed a site plan and further explained the sidewalk grade. There being no one further wishing to speak, the Mayor closed the public hearing with the right of Council to thereafter reopen and continue the hearing to a future date. -95- City Council meeting minutes May 19, 1986 It was moved by Councilman Strand, seconded by Councilman Duffy , to waive reading and adopt resolution of approval with the four changes as requested. Councilman Mitchell asked the developer if they had built projects similar to this, to which he responded they had. He asked what marketing studies had been conducted to substantiate this project. He replied an exhaustive study with Quality Decisions, Inc. had been carried out and found there was no housing of this particular type available in St. Louis Park. The motion passed 5-0. Mayor Hanks asked when the project would be ready for occupancy and the developer replied September 1987. 6f. Methodist special permit Amendment to special permit for eso u ion 86-63 Methodist Hospital There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to reopen it at any future date. It was moved by Councilman Duffy, seconded by Councilman Friedman, to waive reading and adopt resolution 86-63 entitled "A resolution rescinding Resolution 7445 adopted on August 15, 1983, rescinding Resolution No. 7254 adopted on October 4, 1982 and granting special permit under Section 14-123.100(s) and 14-141(3) of the St. Louis Park ordinance code relating to zoning to allow construction of an addition and to amend the site plan by removal of a previously approved addition at 6500 Excelsior Blvd." The motion passed 5-0. 6g. Target Stores Amendment tc Target to 3601 So. Hwy. a special permit for construct a store at 100 Tom Bonneville, representing Target Stores, said they were once again presenting their proposal for a store on Park Center Blvd. He noted approval had recently been received from the Planning Commission. Council was tonight being asked to approve minor changes to the plan. The main changes were deletion of the tire/battery/accessory/auto repair facility and garden center operation. It was moved by Councilman Strand, seconded by Councilman Friedman, to authorize preparation of a resolution of denial. Councilman Strand asked if the same problems existed now as with the approval of the first special permit: inconsistency with the Comprehensive Plan, the transportation problems, parking problems. Councilman Mitchell said the issue last time around was the permit ran out of time. However, the Council did authorize renewal. -96- City Council meeting minutes May 19, 1986 Councilman Strand said that he could not support this request based on the concerns raised in the staff memo re ingress/egress, traffic, inconsistency with the Comprehensive Plan and zoning. Dick Brooks, Director of Real Estate for Target, pointed out Target does have approval to build a facility there. He said they now have a plan for a clean building, without Lire/battery/accessory or plant center, and said they didn't expect to run into any trouble on approval. Mayor Hanks pointed out that since the tire/accessory and plant center were on the original plan, if they built tomorrow, they would have to be included. The motion failed 3-2 (Councilman Duffy and Mayor Hanks opposed). Mayor Hanks said passage of a resolution of denial would, in essence, permit Target to build the building originally proposed. He said he'd prefer to have Target work with staff to come up with a new plan for the space that was to be tires/accessories and plant center. Councilman Friedman found a decision difficult to make based on the inconsisten- cies and concerns outlined in staff's report. He felt a threat on the part of Target to build with or without Council approval was highly inappropriate. He encouraged their working with the City in a neighborly fashion. Councilman Duffy felt the request really was a minor amendment to a special permit and perhaps should not even be before Council. Councilman Friedman asked how the traffic hazard, as pointed out in staff's report, would be handled. Councilman Duffy responded that the fact remains, a permit has been approved. He felt the request that evening would make the better part of a bad situation. But no, it did not solve a predicted parking problem. In response to a question from Councilman Friedman the Director of Planning stated the way the plan shows now, to avoid stacking of cars a signalized intersection would be called for which was really not acceptable. He felt that further study might find a way to alleviate the problem with trucks entering and leaving the premises. Mr. Brooks alluded to the consultants and engineers they had used to ensure that this is the safest possible plan. Mayor Hanks rewiewed the history of this project, mentioning Council's meetings with the Housing and Redevelopment Authority. He said that in those early sessions, there was no talk about traffic problems being created. When Byerly's was chosen, it was with the promise there would be a commercial enterprise across the street to attract business. In the midst of the HRA changing the zoning from commercial to high density residential, Target purchased the land. -97- City Council meeting minutes May 19, 1986 The Mayor was concerned about the commitment that was made to someone a number of years ago. He felt the only point of traffic problem was on Park Center Blvd. He granted that the plan was inconsistent with the Comprehensive Plan, but that when the project was proposed, it was consistent. He felt the best solution would be to direct staff to work with Target to see if they can't come up with a better plan that is more acceptable. It was moved by Councilman Friedman, seconded by Councilman Duffy, to direct staff to work with Target and to return to Council with a plan that would alleviate some or all of the problems and return June 2. Councilman Mitchell said he could not support this, alluding to the tardiness of Target in following up within the time constraints and its threats to the City of court action. He felt the project should have been turned down 02 second time around. The motion passed 4-1 (Councilman Mitchell opposed). 6h. Office building: Excelsior Blvd. Special permit for an office building eso u ion - at 6217 Excelsior Blvd. Mr. Charles Johnson, 4075 Colorado Ave. So. addressed the Council with his concerns about the fence that is going to be constructed. He was concerned that the material for the fence was not durable enough. He showed a sample of the wood he felt should be used. He also asked that the nine foot climbing tower used by the children when the property was a day care center be removed. Maud Martinson, 4065 Colorado Ave., expressed her concern over a large tree on the property, which is dead, whose heaviest branches are right over her house. She said the City Forester had seen it and confirmed it was a hazard. Jerome Van Ningen, the applicant, said that most of the climbing tower has been removed. His concern about the tree was that it was not just on one lot but right on the property line. He said the fence has stood for 15 years and is made of good materials and is in good repair. The problem is that snowplows have broken up parts of the fence facing Mr. Johnson's property. He felt putting in new 4 x 4s would adequately do. He felt replacing the whole fence because of a few broken boards and out of line posts was excessive. Mayor Hanks was concerned about granting a permit prior to solving the problem with the tree. Mr. Van Ningen said before any improvements are made, the tree definitely will come down. Councilman Strand asked if a survey of the property were done, would Mrs. Martinson agree to remove the tree if it were on her property. She said she felt it was not her tree as it would have been removed years ago. 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. -98- City Council meeting minutes May 19, 1986 Councilman Duffy asked for direction from staff as how to handle the tree situation. The City Manager said if survey showed the tree to be on the property line, the applicant and Mrs. Martinson would have to split the cost of removal. Mayor Hanks asked if it could not be written into the resolution of approval that the tree be removed if it is on the applicant's property. Councilman Strand was concerned that the applicant have to pay for the tree's removal even though survey may show it to be partly on Mrs. Martinson's property. Conversely, he was concerned about Mrs. Martinson having to pay for removal when removal was the result of the applicant's request. Councilman Mitchell felt the way to handle the situation was make removal of the tree a condition of the special permit and the seller of the property would be required to remove the tree prior to consummation of the transaction. It was moved by Councilman Strand to approve the special permit conditioned on two additions: the climbing tower and other playground equipment on the property be removed, and that a survey, with a surveyor selected jointly by the abutting property owners, be completed and if the tree is on the applicant's property it be removed at his cost. Councilman Mitchell amended the motion to specify in the condition that the tree be removed. Councilman Duffy seconded. It was moved by Councilman Strand, seconded by Councilman Duffy, that a durable fence be constructed and maintained. The motion passed 5-0. 6i. Faith Assembly Church Request of Faith Assembly of God to vacate a portion of 41st St. Randal Williams, pastor of Faith Assembly of God, addressed the Council to discuss their request. They were requesting the vacation to provide additional parking for the church. He said they were working closely with the City relative to turnarounds. If the vacation were not approved, the church would investigate purchase of housing in the neighborhood for demolition. He said they lost a lot of parking during the widening of Hwy. 100. Mr. L. R. Palmer, 4140 Utica Ave., spoke to Council. He said two hearing notices mailed to the neighborhood referenced only vacation of the west end of 41st St. and church lots 29-32. He said he had only learned yesterday that the church had purchased the property. Upon investigation, he discovered the State of Minnesota had sold the property to the church without required Public hearing. He felt this was an illegal transaction. He felt the City Council approving the request would constitute confirmation of an illegal action between the church and state. Finally, he said the 13 families living on the west side of the 4100 block of Utica are not at all enthusiastic about having a parking lot tucked up against their backyards. He was asking that action on this request be delayed until the required hearings are held within the framework of the law. -99- City Council meeting minutes May 19, 1986 Mayor Hanks asked staff if they had any knowledge of the events as described by Mr. Palmer. The City Manager was at a loss to explain why the City had not received notice of this. He said usually a piece of land for sale by the state is first offered to the municipality to determine if there were any public need, e.g. park, etc. Rev. Williams said he had first talked about the proposal with a City inspector. He then talked with a man at the state and worked with him all the way through the sale of the property. He was under the impression, based on his discussions with the man at the state, that everything was in order. He supplied them with the names of personnel in the Planning Dept. and he admitted he had missed contacting them during the process of sale. Councilman Strand thanked Rev. Williams for his patience at two long Planning Commission meetings plus this evening's long meeting. He did not feel it appropriate for Council to take action until the matter of the state sale to the church is resolved. It was moved by Councilman Strand, seconded by Councilman Duffy to continue the item to June 2, 1986 and direct staff to determine if the land sale was properly conducted and report back to the Council and make this the first public hearing on June 2. Mayor Hanks requested the church sit down with representatives of the neighbor- hood to fully discuss its plan. Councilmen Strand and Duffy agreed to that addition to the motion. The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Sign ordinance amendment Second reading of an ordinance Ordinance 16/8-86 amending the sign ordinance It was moved by Councilman Duffy, seconded by Councilman Friedman, to waive reading and adopt Ordinance 1678-86 entitled "An ordinance relating to signs; adding new Sections 14-185.02(13) and 14-185.03(3)(e) and renumbering Sections 14-185.02(13-20) of the St. Louis Park Municipal Code." The motion passed 5-. 8b. Canned pop machines Second reading of an ordinance Ordinance No. 167F86 amending the canned pop machine licensing ordinance It was moved by Councilman Friedman, seconded by Councilman Mitchell, to -100- City Council meeting minutes May 19, 1986 waive reading and adopt Ordinance 1679-86 entitled -An ordinance amending the St. Louis Park Ordinance Code related to food vending machines: Adding Section 13-912.101 and amending Section 13-913(1)." The motion passed 5-0. 8c. Agreement with MnDOT Cooperative agreement with MnDOT Resolution - for reconditioning of Excelsior Blvd. from France Ave. to Hwy. 100 It was moved by Councilman Strand, seconded by Councilman Friedman, to waive reading and adopt Resolution 86-65 entitled "Cooperative Agreement on Recondit- ioning of Excelsior Blvd., France Ave. to T. H. 100." The motion passed 5-0. 8d. Pension fund amendments Legislative changes in pension Resolution - fund law It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive reading and adopt Resolution 86-66 entitled "Resolution authorizing certain action to bring the Police and Fire Relief Associations into compliance with state law." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Rainbow's End Review of restaurant zoning require- ments pertaining to Rainbow's End It was moved by Councilman Mitchell, seconded by Councilman Friedman, to refer the matter to the next Council study session. The motion passed 5-0. 9b. Age discrimination charge Age discrimination charges of the St. Louis Park police and fire relief associations Percy Morris, police relief association, stated__ he felt the recommended action in the report before Council was somewhat premature inasmuch as City staff, the pension board of directors or himself have not met to discuss any alternatives that may be reached. He believed there were avenues to discuss prior to any decision being made. He said there was a year allowed in which time a settlement could be negotiated. It was moved by Councilman Friedman, seconded by Councilman Strand, to defer any action on this matter for whatever periodof time staff thinks is advisable in order to sit down with the petitioners and the association to try to arrive at an equitable agreement. -101- City Council meeting minutes May 19, 1986 A question of procedure on deferral arose. Councilman Friedman added to his motion that a report be brought back to Council in 90 days or bring back to the Council meeting the closest to 90 days, the first meeting in August. The motion passed 5-0. Councilman Strand asked for additional information as to how other police departments handle this issue in order to put it in a better persepective. 9c. Sale of land It was moved by Councilman Mitchell, waive first reading of the ordinance 1986 and authorize summary publication. The motion passed 5-0. 9d. City investment policy Sale of a portion of at 6607 Cedar Lake Rd. CoC•7 seconded by Councilman and set second reading land located Friedman, to for June 2, City investment and cash management policy It was moved by Councilman Duffy, seconded by Councilman Strand to adopt the policy, appoint the City Manager and Finance Director as investment officers and authorize Finance Director to designate city depositories for demand and investment accounts. The motion passed 5-0. 9e. Traffic study 354 Modifications of parking restrictions on Cedar Lake Road It was moved by Councilman Mitchell, seconded by Councilman Friedman to schedule a neighborhood meeting to discuss the modifications in parking restrictions The motion passed 5-0. 9f. American Legion parking lot Development of a parking lot for the American Legion Councilman Strand asked if there would be parking restrictions in the neighbor- hood if the parking lot is approved. Tom Shottenbauer, American Legion, said they had no intentions at this time of changing the parking restrictions. The Legion feels that with this addition, most of the off -premises parking for the Legion will be abolished. Councilman Strand said if this project were approved, he would like to see parking restrictions on Xenwood. -102- City Council meeting minutes May 19, 1986 his The City Manager said it was/ understanding that the additional parking would not guarantee that on -street parking would be eliminated; rather, the idea was to minimize on -street parking. But given the volume of cars at the Legion, he was sure off -premises parking could be guaranteed. He felt it appropriate this matter be discussed at the neighborhood meeting. Councilman Duffy said although Xenwood was bad with on -street parking, Yosemite was even worse. He didn't see how Council could get involved in a permit parking situation. He felt the situation would not get any worse, and with this proposal, would definitely improve. He has found the Legion to be totally cooperative in trying to solve this problem. It was moved by Councilman Duffy, seconded by Councilman Friedman, to direct staff to notify the neighborhood of the proposed land sale and parking lot development and to schedule a neighborhood meeting prior to the June 2 Council meeting. The motion passed 5-0. UNFINISHED BUSINESS 10a. Boards and Commissions None NEW BUSINESS Ila. Liquor ordinance amendment Amendment to liquor ordinance related to minors It was moved by Councilman Strand, seconded by Councilman Mitchell, to waive first reading, set second reading for June 2, 1986 and authorize summary publication. The motion passed 5-0. llb. Craig's Turf Time extension for City Contract 1699: Craig's Turf It was moved by Councilman Friedman, seconded by Councilman Duffy to grant a time extension from May 16 to June 20, 1986. The motion passed 5-0. MISCELLANEOUS 12a. Claims Shirley Kropman David Klumpner Mari Radermacher Lois Ralles By consent, the claims were referred to the City Attorney and City Clerk. -103- City Council meeting minutes May 19, 1986 12b. Communications from the Mayor 12c. Communications from City Manager P, . W. . Mayor Hanks presented an update on Centennial events. The City Manager gave an update on the Centurios request to develop the land north of Amhurst. The latest proposal is to leave the land in Minnetonka and draw up an agreement for police/fire services. This is being explored. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Duffy, seconded by Councilman Strand to approve the list of verified claims prepared by the Director of Finance dated May 19, 1986 in the amount of $1,363,260.11 for vendor claims and $7,394.21 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 5-0. 14. Adjournment r it r j a i ecor g Secretary -104- It was moved by Councilman Duffy, seconded by Councilman Strand to adjourn the meeting at 10:30 p.m. 1 4 (d V'J" MaybY