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HomeMy WebLinkAbout1986/08/04 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 4, 1986 1, Call to order The meeting was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations. Mayor Hanks read a proclamation designa- ting National Night Out 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 Backes, to approve the minutes of the June 21, 1986 City Council meeting with the following corrections: in item 6c, that the last paragraph be incorporated as part of the motion; and in item 6f,"which should be sufficient" was changed to"which would provide a notice." The motion passed 6-0-1 (Councilman Meland abstained). 5. Approval of Agenda August 4, 1986. The motion passed 7-0. It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve the consent agenda for It was moved by Councilman Backes, seconded by Councilman Strand, to approve the agenda for August 4, 1986 with the addition of item 10c. Alley assessment policy and 10d. Mrs. Lietzke. The motion passed 7-0. PUBLIC HEARINGS 6a. Variance: 2624 Xylon Variance in front yard setback at Resolution 86-121 2624 Xylon Mr, William Lent again explained the reason for his request. �.� There being no one further wishing closed to speak, the Mayor declared the hearing with the right of Council to future thereafter reopen and continue it at a date. It was moved b readin Y Councilman Strand, seconded by Councilman Duffy, to waive and g adopt Resolution 86-121 �n Yard entitled "A resolution granting valiance setback at 2624 Xy Ion Ave. So." -164- City Council meeting minutes August 4, 1986 A concern was again raised relative to the current garage once again being used as a garage at some future time. Councilman Stranddesired some type of guarantee that it would not revert to garage purposes. The Director of Planning said the most effective way to keep that from happening would be to so stipulate on the special permit Mr. Lent will be requesting. Councilman Strand asked that that condition be added to the resolution approving the variance. Councilman Mitchell asked if there were any problem adding a condition relative to reframing of the present garage door, putting in a door and a window such as Mr. Lent said he would be willing to do. He was told this was not a problem. The motion to approve the variagidpWN 6-1 (Mayor Hanks opposed). 6b. Blue b White Taxicab Blue 8 White Taxicab application for company license Mr. Bob Janecek, Town Taxi, voiced his opposition to the request. It was his feeling with additional competition, the rates of all cab companies will increase. Namath Sahar, applicant, felt competition is always a good thing. It was moved by Councilman Strand, seconded by Councilman Meland, to deny the request. Councilman Strand felt the report on the applicant company did not reflect well on the company or its employees. Councilman Duffy felt the report was inaccurately filled out and he questioned its truth in several areas, to which Councilman Friedman agreed. The motion to deny passed 7-0. REQUESTS, PETITIONS, COMMUNICATIONS 7a. Briarwood Apartments Representatives of the developer Resolution - displayed a three dimensional model of the project. They said that Coach Homes unanimously supported the proposed design. Mayor Hanks asked if the gable concept is approved, would redwood be used as previously proposed around the balconies, to which the answer was yes, it would. It was was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution 86-122 entitled "A resolution rescinding Resolution 1 85-17 adopted on February 19, 1985 rescinding Resolution No. 1525 adopted on December 19, 1983, rescinding Resolution No. 7419 adopted on July 5, 1983 and granting special permit under Section 14-156 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a 186 -unit apartment development at 9935 Shelard Parkway." -165- --- City Council meeting minutes August 4, 1986 The motion passed 5-0-2 (Councilmen Backes, Strand abstained). RESOLUTIONS AND ORDINANCES 8a. Vacation: Shelard Park Second reading of an ordinance re vacation Ordinance 1688-86 of public utility easements in Shelard Park It was moved by Councilman Meland, seconded by Councilman Strand, to waive reading and adopt Ordinance No. 1688-86 entitled "An ordinance vacating two public utility easements between Ford Rd. and County Rd. 18." The motion passed 6-0-1 (Councilman Backes abstained). 8b. Restaurant zoning Second reading of an ordinance re amendment r inance lb89-86 to zoning ordinance re restaurants It was moved by Councilman Mitchell, seconded by Councilman Friedman, to waive reading and adopt Ordinance 1689-86 entitled "An ordinance relating to restaurants as accessory uses: Adding new Section 14-151.101(3), Section 14-157.101(3), Section 14-172(6), Section 14-176.1 and Section 14-181.101(3) to the St. Louis Park Ordinance Code." The motion passed 7-0. 8c. Ordinance: W. 41st St. Second reading of an ordinance re vacation Ordinance -1690-86 on 41st St.: Faith Assembly of God Rev. Williams from the church reminded Council of the petition previously submitted to Council which showed a majority of the neighboring residents had no objection to the vacation and the church's construction of a parking lot and basketball hoop. Esther Hanlon, 4144 Utica Ave. and Lory Palmer, 4140 Utica voiced their opposition to the vacation, while Don Sutherland, 4104 Utica, Linda Pietz, 4100 Utica and Carol Sutherland, 4104 Utica expressed their approval. Those in opposition felt a parking lot was of no benefit to the neighborhood; those in favor cited the fact that off-street parking would be provided and increased activity and outdoor lighting around the church would be a deterrent to neighborhood vandalism. It was moved by Councilman Strand, seconded by Councilman Duffy, to waive reading and adopt Ordinance No. 1690-86 entitled "An ordinance vacating street -Portion Of W. 41st St." Councilman Duffy said it appeared the residents closest to the church were in favor of the vacation, and those in opposition lived the furthest from the church. The motion passed 6-1 (Mayor Hanks opposed). 8d. Minikanda Ministora e r mance _ Second reading of an ordinance re sale of land to Minikanda Ministorage -166- City Council meeting minutes August 4, 1986 It was moved by Councilman Backes, seconded by Councilman Strand to waive reading and adopt Ordinance No. 1687-86 entitled "An ordinance approving the disposition of a portion of Beltline Blvd. to Minikanda Ministorage Limited Partnership." The motion passed 7-0. 8f. France Ave. right-of-way Purchase of right of way: France Ave. sidewalk e s o u ion - It was move y ounciIman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution 86-123 entitled "Resolution authorizing purchase of property for street right of way on France Ave. adjacent to 3901 Excelsior Blvd." The motion passed 7-0. 8f. 6007 Cedar Lake Rd. Special permit for parking lot at 6007 eso u ion - Cedar Lake Rd. Jerry Martin, representing Darrel Farr, said he was present to answer questions. He noted a correction in condition 16b of the resolution, wherein at 5841 Cedar Lake Rd. lower level gross sq. ft. should be 5315 and % to be converted should be 73.7%, noting these were typographical errors. Councilman Friedman wanted an assurance this resolution covered parking only, that in no way could additional buildings be constructed. The City Manager ' said that was covered in the resolution as well as being so designated on the T Exhibit presented -to Council. It was moved by Councilman Friedman, seconded by Councilman Backes, to waive reading and adopt Resolution 86-124 entitled "A resolution rescinding Resolution No. 7420 adopted on July 5, 1983 granting special permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow construction of a condominium office development at 5801-5901 Cedar Lake Rd." with corrections. The motion passed 7-0. 89. Polling places, judges Resolution designating polling places and eso u ion 86-135 naming election judges for State primary election Sept. 9, 1986. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-135 entitled "Resolution designating polling places and naming election judges for State primary election September 9, 1986.0 The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. EAW - Shelard Office Tower EAW for Shelard Office Tower - Negative Resolution 86-126 declaration It was moved by Councilman Strand, seconded by Councilman Meland, to waive !� reading and adopt Resolution 86-126 entitled "A resolution approving a negative declaration with respect to the environmental assessment worksheet for the Shelard office tower proposed by Equitable Life Assurance Society for property located at 500 County Road 18." -167- City Council meeting minutes August 4, 1986 The resolution passed 5-0 (Councilmen Backes and Friedman absent from chambers). 9b. I-394 corridor study It was moved by Councilman Duffy, seconded by Councilman Meland, to authorize execution of an agreement with the City of Golden Valley and Strgar-Roscoe-Fausch in the amount of $18,000 for completion of a transportation study. Councilman Mitchell said he would support this motion because of no potential for Cedar Lake Road to serve as an alternative route. The motion passed 5-0 (Councilman Backes, Friedman out of chambers). 9c. High school area parking Report considering the parking problems surrounding the senior high school. Councilman Mitchell asked if the 3100 block in the affected area were to be included in the neighborhood meeting, to which the Director of Public Works said they had all been notified. The motion passed 7-0. 9d. Twin Lakes cleanup Harvey Ratner, Lake Forest resident, said that most of the residents in Lake Forest were not aware of the proposal before Council. He inquired as to how much of the project was to be assessed to the residents. The City Manager said it was premature to be talking about assessments as staff was proposing a study to be done at this point, and there would be no assessment for the study. Councilman Friedman suggested all the lakes in the city be protected. He said he would like the study to look at all the lakes in the area. He felt it important for all the City's wetland areas to be protected. f William Luboff felt the City has an obligation to all the lakes in the City. Z He felt it was the City that had allowed the development which, in turn, has created the problem in the lakes and that the City was responsible. Councilman Strand referrell to staff's report and suggested taking things one step at a time. He read from the report the steps staff proposes to be undertaken. Mr. Hill Sweet, Parkland Road resident, suggested the City contact other consult- ing sources such as the Grey Fresh Water Institute. i Councilman Mitchell felt the whole project was moving faster than he had anticipated. 4 He asked what the bidding process would be. r The City Manager said the procedure would be for staff to talk to three or four firms the City has worked with in the past and with whom we've had a satis- factory relationship. Low bid, high bid does not enter into this project. !t was moved by Councilman Freidman, seconded by Councilman Duffy to ask staff to contact the Grey Fresh Water Institute as well as the University 6f Minnesota and then discuss with Hickok Associates and defer to the first meeting in October. -168- City Council meeting minutes August 4, 1986 Mayor Hanks asked what this would do to the timetable for the project. The Director of Public Works said the Hickok project would be fairly straightfor- ward, i.e. design of a system and completed in a short time. What would take time would be discussions with DNR and Army Corps of Engineers should the project go for- ward. Councilman Friedman did not want his motion to delay the project unnecessarily, and he was assured it would not. The motion passed 6-1 (Mayor Hanks opposed). 9e. Retaining wall Project 86-19: Retaining wall construction Re—solution -127 at 1340 Texas Ave. Mr. Krinke was present. His only concern was how attractive the proposed design of the wall would be. He was assured the wall would not be constructed without his approval. It was moved by Councilman Backes, seconded by Councilman Meland to waive reading and adopt Resolution 86-127 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-19: Retaining wall reconstruction". The motion passed 7-0. 9f. City Hall landscaping eso u ion - 86-129 entitled "Resolution ordering plans, specifications and authorizing 86-17, City Hall landscaping." It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution .improvement, ordering preparation of advertisement for bids for Improvement The motion passed 5-1-1 (Councilman Freidman opposed; Councilman Strand abstained). Councilman Friedman said he was not opposed to the beautification of City Hall any more than any other place in the City. He just wasn't sure the project was going to take care of the problems it proposes to solve. 9g. Charter preamble Geoff Driscoll, Charter Commission, addressed Council to explain why the Commission is asking Council approval for a preamble to the Charter. Mayor Hanks asked where this idea had come from and what the intent is. That is, what is missing in the Charter or not covered by affirmative action. Mr. Driscoll said it was felt the Charter has no firm statement of principle. He said the preamble will serve as an affirmation of federal and state statute and of the Constitution. Its purpose is simply to make the statement to anyone moving in or dealing with the city that they will be treated equally. The Mayor asked the City Attorney to explain what a City Charter is. He was his feeling that a Charter reflects the permission under State law for a body to govern in a certain way. -169- City tounc,i meeting minutes ! August 4, 1986 1 The City Attorney responded that a Charter is an organic document of a city and its primary purpose is to delineate the powers of a city and the procedures and processes for city government to take place. Councilman Strand, former Charter Commission member , said he viewed it as a combination of documents, in some aspects a constitution of the city, as well as containing what is specified by statute. He viewed the proposed preamble as a statement of intent which he would like to see incorporated into the Charter. Councilman Mitchell alluded to the reference to protected classes. He asked if this was covered or differed from human rights statutes. Councilman Meland said it appeared to be a combination of the 13, 14, and 15th amendments as well as some of the provisions in the entitlement legislation. The City Attorney responded the phrases race, color etc, include people not only protected under the Constitution, but also the State Human Rights Statute concerning public assistance and disability. He felt there might be a class or two omitted, one being sexual preference. Mr. Driscoll said sexual preference only appeared in the Minneapolis civil rights ordinance. He did not believe it was in its Charter. He said in St. Paul that was struck down by the voters when suggested for inclusion in its Charter. Councilman Mitchell asked how age discrimination would be covered. Councilman Strand said this was not going to be an ordinance, this is going to be a statement of intent. He felt it would serve as a backdrop for future City Councils to view when they pass ordinances and rules for the City. He felt the preamble was not intended to go into such detail. Mr. Driscoll said apparently the City Attorney was satisfied with the reworking Of the wording. He felt the .rewording took care of all considerations including age. The word age had been penned in as it was a typographical errorand had not been included. In answer to Councilman Mitchell's questions about age restrictions, Mr. Driscoll responded there was a multitude of law higher than the City law that permits age differences because there are bona fide occupational qualifications as recognized by the State. It was moved by Councilman Strand, seconded by CounciWOUninclude the preamble as part of the City's Charter, set a public hearing for September 2, 1986 and authorize preparation of an ordinance. The motion passed 7-0, 9h, Ottawa Ave. Sale of land north and east of Ottawa Ave. crossing It was moved by Councilman Mel-ind, seconded by Councilman Backes, to submit to Planning Commission for review of public need. -170- sow City Council meeting minutes August 4, 1986 The motion passed 7-0. Councilman Meland suggested this item should also go to the Parks and Recreation Commission and included that in the motion. Councilman Friedman asked what the City could do to get this project moved along. The City Manager said the City has asked the railroad to order the materials and supplies which they have done. The City does not control the construction. Councilman Friedman was not satisfied with the railroad completing the project at their discretion. It was moved by Councilman Friedman, seconded by Councilman Strand, that the City Attorney look into the law to ascertain what the City can do to get this project moved along more quickly. He said he would ask the City Manager to contact the railroad to get some definitive answers and let the Council know at the next meeting. Councilman Strand could support staff's putting whatever pressure it can on the railroad, but he would prefer not to spend money on the City Attorney's time as he felt there was nothing within the City's jurisdiction to do this legally. Councilman Mitchell felt the key to getting a response was to push the right button, i.e., what regulatory agency they respond to, whether it's state, federal. Perhaps it's just head of a commission or a Congressman. He felt a letter to the appropriate authority would be helpful. The City Manager reminded Council the ago and he hoped no one expected the by now. He was amenable to sending a request. agreement had only been signed 30 days railroad to have this project completed letter to any authority Council would Councilman Friedman amended his motion to disregard the direction to the City Attorney but direct the City Manager's office to communicate with the railroad requesting a timetable as to when the project is expected to be completed and that the City Council is interested in this project going forward post haste. The motion passed 6-1 (Councilman Duffy opposed). 9i. Port Authority session. The motion passed 7-0. 9j. Board of Zoning Appeals minutes It was moved by Councilman Meland, seconded by Councilman Strand, to refer the matter to a future study 9k. Housing an edevelopment AutFority minutes 91. M—nning Commission minutes 9m. atter Commission minutes All minutes were ordered filed by consent. -171- City Council meeting minutes August 4, 1986 Mrs. Lietzke has received a bid on building up her yard to prevent flooding in the future. The Mayor indicated that the City views any flooding along this part of the creek as an area wide problem, but the City not responsible for repair to individual residents. The problem originates with the Watershed District which controls the creek level, and that is why the cities are uniting to address the problem with the Board of the District. lla. Bid tab: Sanitary sewer NEW BUSINESS Dakota Park and W. 36th St. sanitary sewer replacement It was moved by Councilman Meland, seconded by Councilman Duffy, to designate J. P. Norex, Inc. as lowest responsible bidder and that staff be directed to execute a contract with that firm not to exceed $229,887.82. The motion passed 7-0. llb. Building demolition It was moved by Councilman Duffy, seconded by Councilman Meland, to accept the bid of Carl Bolander & Sons for demolition of the dwelling at 6335 W. 37th St. in the amount of $4,200 and demolition of the garage in the amount of $500. The motion passed 7-0. 12a. Claims MISCELLANEOUS Eleanor Erickson, 3031 Aquila, SLP By consent, the claim was referred to the City Clerk and City Attorney. 12b. Communications from Mayor Council consultant It was moved by Councilman Strand, seconded by Councilman Duffy, to direct the City Manager to communicate with the consultant and come back to Council with potential meeting dates. The motion passed 6-0-1 (Councilman Friedman abstained). The Mayor said Family Fun Day was a huge success. He reminded all of the banquet to be held on Sept. 26 at the new Holiday Inn and the Centennial birthday banquet on November 15 at the Park Sheraton. 12c. Communications from City Manager The City Manager called for an executive session to discuss litigation relative to purchase of right of way CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Strand, to approve the list of verified claims -173- City Council meeting minutes August 4, 1986 prepared by the Director of Finance dated August 4, 1986 in the amount of $590,230.20 for vendor claims and $30,424.02 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 7-0. 13b. Contract payments 1. Final payment: David Volkmann Construction, receptionist area remodeling. Amount: $7,575.00 It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-128 entitled "Resolution accepting work on receptionist area remodeling, Contract No. 1734." The motion passed 7-0. 2. Partial payment: Ridgedale Electric, traffic signal system. Amount: $16,353.30 3. Partial payment: Midwest Asphalt Corp., grading, paving, curb and gutter. Amount: $32,983.31 It was moved by Councilman Meland, seconded by Councilman Backes to approve the partial payments and authorize payment. The motion passed 7-0. 14. Adjournment It was moved by Councilman Backes, seconded by Councilman Duffy, to adjourn the meeting at 9:47 p.m. ecor ing ecre ary -174-