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HomeMy WebLinkAbout1986/09/02 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 2, 1986 1, Call to Order The Mayor called the meeting to order at 7:35 p.m. 2. Presentations Mayor Hanks presented a proclamation to William Ebnet for his work with the St. Louis Park Crime Prevention program. 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 Also present were the City Manager, City Attorney, Director of Public Works and Director of Planning. 4. Approval of Minutes It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve the minutes of the August 18, 1986 City Council meeting. Councilman Strand asked about item 8d, Governor's Energy Council, and asked if any candidates had been interviewed. He was told no other candidate other than Mr. Brottlund had indicated an interest. Councilman Strand asked if Council could be provided with the duties of persons serving on this Council. The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Duffy to approve the minutes of the August 25, 1986 study session. Councilman Strand referred to item 12 stating he wished to clarify the motion before Council, not that there be a joint meeting once the number of developers had been reduced, but that the number of developers giving presentations be reduced to three and that a special meeting of the City Council be held to listen to those three proposals with the Council leaving open the possibility of holding a subsequent joint meeting with the Housing and Redevelopment Authority. Mayor Hanks said no motion had been made at the study session to his recollection. Councilman Backes said that in checking the minutes of the August 4, 1986 Council meeting, the motion had been for a joint meeting. Councilman Strand said that was inaccurate. Mayor Hanks said this whole item would have to be discussed further anyway, since there was now a problem with the meeting date. It was decided to place a period after the sentence "No action was taken -189- __ City Council meeting minutes September 2, 1986 on meeting with the HRA." The motion passed 7-0. 5. Approval of Agenda It was moved by Councilman Strand, seconded by Councilman Friedman, to approve the consent agenda for September 2, 1986 with the removal of item 9j (Councilman Strand). The motion passed 7-0. It was moved by Councilman Mitchell, seconded by Councilman Duffy, to approve the agenda for September 2, 1986. The motion passed 7-0. 6a. Special permit: Beltline Resolution86-142 PUBLIC HEARINGS Special permit for a 127 -unit apartment building at 4341-4351 Park Glen Road Lois Bredahl, representing Frantz Klodt & Son, developers, briefly described the proposed building and showed a schematic of the proposal. 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 Backes, seconded by Councilman Duffy, to continue the matter until action on items 8a and 8b had taken place. The motion passed 7-0. At the conclusion of action on items 8a and 8b, Mayor Hanks reopened the hearing on item 6a. It was moved by Councilman Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution 86-142 entitled "A resolution granting special permit under Section 14-146(5) of the St. Louis Park Ordinance Code relating to zoning to permit the construction of a 127 -unit apartment building for property zoned R -B, residential business district, located at 4341-4351 Park Glen Road." The motion passed 7-0. 6b. Charter preamble It was moved by Councilman Strand, seconded by Councilman Friedman, to waive first reading, set second reading for September 15, 1986 and authorize summary publication. The motion passed 7-0. -190- City Council meeting minutes September 2, 1986 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Indihar request for reimbursement Request of Timothy Indihar for reimbursement of costs related to furnace replacement Mr. Indihar addressed Council to explain his request for reimbursement costs related to replacement of the furnace in his home. The basis of his claim was his allegation the City's inspector failed to detect a deteriorated and inoperative gas furnace; that a Certificate of Compliance has been issued; subsequently, the furnace was red tagged by Minnegasco and had to be replaced. He was seeking $2,169 from the City to cover the cost of a new furnace. In response to a question from Councilman Backes, Mr. Indihar said the house was 40 years old. Councilman Backes asked if he had had an inspection by an independent inspector, to which Mr. Indihar said he had not, that he had relied upon the City's inspection. Councilman Backes asked if he was aware of the scope and intent of the City's ordinance governing its housing program. Mr. Indihar said he has been apprised of the intent, that it was to bring a home up to minimum code. Mayor Hanks commented that the house the furnace had been used throughout was discovered the following May. had been inspected in July 1985, that the winter, and that the deficiency Councilman Strand asked him how he'd describe the City's handling of his case so far, and Mr. Indihar replied poorly from the standpoint of the followup which he would have expected from the Inspections Department in a case of this nature. He felt he had not been taken very seriously. Mayor Hanks pointed out the house had a gravity furnace and Mr. Indihar's estimate was for a forced air furnace. He questioned the difference there might be in the price of the two types. Mr. Indihar said he would be happy to provide Council with the cost to replace a gravity furnace. It was moved by Councilman Backes to deny the claim. The motion died for lack of a second. It was moved by Councilman Meland, seconded by Councilman Duffy, to table the matter. The motion failed 2-5 (Councilmen Backes, Friedman, Mitchell, Strand and Mayor Hanks opposed). It was moved by Councilman Friedman, seconded by Councilman Strand, to refer the matter to the City Attorney for research and that his opinion be returned to Council at its September 15, 1986 meeting. The motion passed 5-2 (Councilmen Backes, Meland opposed). Councilman Mitchell said he would not guarantee he would have an opinion at the September 15 meeting should action be called for. -191- City Council meeting minutes September 2, 1986 7b. Dominium special permit Request for minor amendment to a special permit: Doninium Group It was moved by Councilman Meland, seconded by Councilman Duffy to waive reading and adopt the resolution. Councilman Mitchell was curious as to what was taking so long getting this project going. Bob Lux, representing the developer, said they had had trouble getting the plans as they wanted them as well as securing the necessary financing. He said this was a 14 -month project to get this built, plus they would need an extension to complete the landscaping. Councilman Meland said as long as there were modifications being requested to the resolution before Council, he would withdraw his motion. It was moved by Councilman Mitchell, seconded by Councilman Strand, that construct- ion of the building shall commence before September 15, 1986 with a completion date for building construction, street improvements and striping to be completed by December 1, 1987 except for landscaping which shall be completed by June 1, 1988. The motion passed 6-1 (Councilman Backes opposed). 7c. Excel neighborhood group Karen LeMay representing the Excelsior neighborhood group was requesting that a traffic study be done since a new developer was being sought to develop the Excelsior/Hwy. 100 area. The neighborhood was requesting that some of the money defaulted by the Boisclair group be used for such a study, to be done by October 31, 1986. Councilman Strand thought that the previous traffic study was a generic study and not related specifically to the Boisclair project, that is, not traffic coming specifically from that project. Ms. LeMay said it was a traffic study of the overall redevelopment district, and that even the 50th and France area had been discussed as a potential study area. Councilman Backes said Boisclair did a study based on their potential development plans and that Council had requested an expanded study covering the surrounding area. Councilman Backes felt it might be wiser to wait until a developer is selected and then negotiate with them as to how sophisticated an analysis should be. Ms. LeMay pointed out the base for a study has changed now as figures previously were collected while the 36th St. and Hwy. 100 intersection was closed and now that it was reopened, the area was experiencing greatly increased traffic flow. Councilman Duffy said it appeared Ms. LeMay was asking for traffic counts, turning ratios, etc. to be done now on Excelsior Blvd. encompassing Wooddale. Quentin, 39th St., Monterey and that those figures form a new data base for any traffic study that may arise from a redevelopment project. -192- �I., September 2, 1986 It was moved by Councilman Strand, seconded by Councilman Duffy, to authorize staff to put together a y proposal for conducting a traffic count study in the proposalaand eportas was rbackuto Councilstudiedinntwonweeks�n with the Boisclair redevelopment red if any theocompl tion ofr Hanks ethe Excels orsBlvdtudy . r suhad rfacineen gnducted by Hennepin County since The motion passed 7-0. Councilman Strand, money from B isclairaslletter of creditto Ms. edefault earlier comment, asked about using The Planning Director responded that all revenues for any redevelopment project are in a special fund to make payments as need be, the reserves being invested. The money referred to was not set aside for any purpose, but added to the redevel ment district pot, op - Councilman Strand felt it would be appropriate for the Housing and Redevelopment Authority to use some of those funds for a traffic study. RESOLUTIONS AND ORDINANCES Sa. Zon;nancechange: -Belt Line Second reading of an ordinance changine zoning from I-1 and R-4 to R -B at 4341-4351 Park Glen Road and 4401-4501 Park Glen Road It was moved by Councilman Duffy, seconded by Councilman Friedman, to waive second reading and adopt Ordinance No. 1692-86 entitled "An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts." The motion passed 7-0. �. Vacation: Belt Line r finance °, Second reading of an ordinance vacating -86 utility easement, Beltline Business Park It was moved by Councilman Meland seconded by Councilman Friedman, to waive reading and adopt Ordinance No. 1691-86 entitled "An ordinance vacatingpublic utility easement: Beltline Business Park" The motion passed 7-0. &• Vacation: Hampshire Ave. r mance Second reading of an ordinance vacating ° it a portion of Hampshire Ave. f s moved by Councilman Meland, seconded by Councilman Duffy, to defer the 'latter. The motion passed 7-0. kr, Rosen, attorne as it had been y for the developer, asked for reconsideration of this matter, Council. Passed over too quickly for him and he did wish to address the -193- City Council meeting minutes September 2, 1986 It was moved by Councilman Friedman, seconded by Councilman Strand, to reconsider item 8c. The motion passed 7-0. Mr. Rosen stated that apparently the reason for the request for deferral was that the Planning Department needed a correct description of the cul-de-sac proposed for vacation and the granting of an easement. He said the developer was in a very tight time constraint, but was now prepared to grant to the City the necessary easement and that the necessary description was being prepared. He was asking if Council couldn't take the necessary action that evening contingent on the necessary papers being delivered to the City. Councilman Friedman asked for the City Attorney's opinion on taking that action. The City Attorney said it would be appropriate for the Council to take such action with the commitment by the developer that proper documentation will be received. It was moved by Councilman Friedman, seconded by Councilman Meland, to waive reading and adopt Ordinance 1693-86 entitled "An ordinance vacating a portion of Hampshire Ave." and that all necessary documentation be received by the City by September 15, 1986. The motion passed 7-0. 8d. Hampshire Ave. dedication Resolution accepting dedication for Resolution - Hampshire Ave. cul-de-sac It had been moved and seconded to defer this item as well as item 8c, and a motion by Councilman Friedman, seconded by Councilman Strand to reconsider passed 7-0. It was moved by Councilman Meland, seconded by Councilman Friedman, to waive reading and adopt Resolution 86-144 entitled "Resolution accepting land for dedication of right-of-way for Hampshire Ave. cul-de-sac south of Highway 7." The motion passed 7-0. 8e. Variance denial eso u ion - 45 Resolution of denial: Variance in side yard setback, 1621 Dakota Ave. It was moved by Councilman Mitchell, seconded by Councilman Backes, to waive reading and adopt Resolution 86-145 entitled "A resolution of findings regarding the application of Quynh Vandang for a variance under Section 14-133(5) of the St. Louis Park Ordinance Code relating to zoning to permit the construction of an attached garage resulting in a side yard setback of two feet instead of the required six feet for property located in the R-2, single family residence district, at 1621 Dakota Ave. So." The motion passed 7-0. -194- L.._ _ City Council meeting minutes September 2, 1986 Sf. I-394/Hwy. 100 I-394/Hwy. 100: Modification in inter- Resolution nter- eso u ion -146 section plan It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive reading and adopt Resolution 86-146 entitled "Resolution supporting the amendment of the preliminary design concept for the I-394/Trunk Highway 100 interchange" The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Parking: Benilde-St. Margaret's Traffic study 347: No parking restrict - Resolution 86-147 ions, Benilde-St. Margaret's It was moved by Councilman Strand, seconded by Councilman Friedman, to waive reading and adopt Resolution 86-147 entitled "Resolution authorizing the installa- tion of permanent "no parking" signs on both sides of W. 25J St. from Hwy. 100 east frontage road to W. 26th St." The motion passed 7-0. 9b. Recycling update Councilman Strand asked what percentage of the City was currently participating in this program. The City Manager replied approximately 8 percent. Councilman Strand asked if a 16% participation rate was not the target, to which the City Manager said 16% was the metro -wide target. Councilman Mitchell asked if apartments and townhomes were going to be participating and suggested working through homeowner associations for condos and townhomes would probably facilitate participation. The City Manager said this was the thrust of the proposed pilot recycling program. It was moved by Councilman Duffy, seconded by Councilman Meland, to receive the report for filing. The motion passed 7-0. .I 9c. Stormwater management plan Stormwater management plan - M.C.-19 subwatershed It was moved by Councilman Meland, seconded by Duffy, to approve the concept and direct staff to submit the draft plan to the Minnehaha Creek Watershed District and Department of Natural Resources and to clarify that portion of the draft plan dealing with project funding. The motion passed 7-0. 9d• Remedial Action Plan Consultant selection for enactment of Remedial Action Plan In answer to a question from Councilman Strand, the City Manager believed r• -195- City Council meeting minutes September 2, 1986 ERT was still providing consulting services to Reilly Tar 8 Chemical. The issue before Council that evening was mandated by the RAP. It was moved by Councilman Meland, seconded by Councilman Mitchell, to authorize staff to enter into contracts with the following firms/individuals to provide consulting services related to the Remedial Action Plan: Westwood Planning and Engineering Co., Environmental Research and Technology, Barr Engineering Co. and Mark Simonett. The motion passed 7-0. 9e. Alley assessment policy The motion passed 7-0. 9f. Apple Valley Red -E -Mix It was moved by Councilman Backes, seconded by Councilman Strand, to receive the report for filing. It was moved by Councilman Strand, seconded by Councilman Backes, to table this matter. Councilman Duffy said he would be abstaining on this item. Motion to table passed 6-0. Jeff Stephenson, attorney for Apple Valley Red -E -Mix, addressed Council to say it was his understanding Council had two concerns about AVR's proposal: One, that allowing a state-of-the-art facility on Louisiana Ave. would set a precedent for a non -conforming use; and secondly, Council was concerned about violation of the City's zoning ordinance. In addressing those concerns, Mr. Stephenson said anything Council did to move AVR's proposal along would be described as settlement of litigation. Also, he cited two sections of the Ordinance Code, which in his opinion would allow such a use: Sec. 14.106(8) dealing with non -conforming uses and 14.106(9) which would allow such a use as long as such use was not extended or intensified. Darrell Catton spoke to say he had a contract for deed on the property AVR proposed to relocate to, but after discussion, it was determined Mr. Catton's problem was with AVR, not the City. In answer to a question from Councilman Strand, the City Manager said title on the proposed site had not been delivered because it does not currently meet the requirements of the subdivision code. He said Mr. Stephenson was of the opinion this could be done administratively, but that the City does not permit that, that one would have to go through the Planning Commission process and request a variance. To date it has not been platted as a subdivision, but any working out of that would be between those two parties. 9g. Ottawa Ave. crossing Meyer land exchange for Ottawa Ave. crossing It was moved by Councilman Meland, seconded by Councilman Backes, to waive first reading of an ordinance, set second for September 15, 1986 and authorize summary publication. The motion passed 7-0. -196- City Council meeting minutes September 2, 1986 Jj �,, �■ %MEMO 9h. City survey Survey of residents and businesses re City services It was moved by Councilman Mitchell, seconded by Councilman Meland, to direct staff to move forward with the survey and prepare a list of potential consultants. The motion passed 7-0. 91. Planning Commission minutes Ordered filed by consent. 9j. HRA minutes Councilman Strand said that he had moved for a special Council meeting to be held after the Housing and Redevelopment Authority had whittled the proposals for the redevelopment of Excelsior Blvd. and Hwy. 100 down to three. He was willing for Council to now hear the four proposals and then followup with a joint meeting of the Council and HRA. He felt it was important for Council to review the proposals so they would be on an even footing with the HRA. He felt there was little sense in Council holding a special meeting to hear proposals from developers after a special meeting with the NRA for the same purpose. Councilman Mitchell wondered if the HRA was having a problem with this proposal since they were not confirming Councilman Strand's motion. Councilman Backes said the HRA has made every attempt to communicate with Council through its Mayor and by special meeting. Councilman Mitchell said this area is to be one of major development. The City has seen a recent proposal fail resulting in a disgruntled neighborhood. He said the structure of the HRA is of a non -elected body. He questioned if this was appropriate and alluded to the port authority problems in St. Paul. He felt that in order to have a successful development, it must be ensured there be as much involvement as possible of as many people and agencies and certainly the elected body. He felt Council had asked to be involved and that the request was been avoided. He asked for better cooperation from all the parties involved in this Process. Councilman Duffy said he felt badly about the animosity that seems to have occured over this project. It was his recollection Council could not select a date at its regular meeting, so the HRA said to the developers they would try to get the Council together two weeks hence to hear their proposals. He felt it was appropriate to give the developers sufficient notice. As an HRA member, he was concerned that Council get involved in the process and that they understand the HRA was not running roughshod over the Council, but that the HRA was trying to do its job and what was best for the City. He thought it was perfectly clear that the HRA asked the developers to come back in two weeks to make their presenta- tions before the Council. He did not think it important who called the meeting. Councilman Strand felt accountability was the issue. He original notion which was to request that the HRA cut thereafter there be a special meeting of the Council he was suggesting that thereafter the Council invite a special meeting to discuss the proposals further. -197- wanted to stick by his the number to three and to review the proposals. the NRA to join them in City Council meeting minutes September 2, 1986 A time for the meeting was discussed, but because of elections, no meeting could be held in City Hall on September 9 until 8:00 p.m. It was moved by Councilman Strand, seconded by Councilman Duffy, that the City Council hold a special meeting on Tuesday, September 9, 1986 at 8:00 p.m. to hear the developers' proposals. The motion passed 7-0. k..Community Relations Commission minutes Ordered filed by consent UNFINISHED BUSINESS a. Boards and Commissions lla. Bid tabulation: City Hall an scaping responsible bidder and authorize exceed $38,174.80. The motion passed 7-0. 12a. Claims No business NEW BUSINESS It was moved seconded by designate Noble execution of a contract by Councilman Meland, Councilman Duffy, to Nursery as the lowest with that firm not to fr MISCELLANEOUS None 12b. Communications from the Mayor Mayor Hanks reminded Council of the �enten ial walk/run coming up on aturdy. Also the dedication of the wheelchair softball game being sponsored by Honeywell. 12c. Communications from City Manager The City Manager reminded Council of its first budget review session set for Monday, September 8 at 5:00 p.m. Setting assessment hearings Alluding to the memo before Council, it was moved by Councilman Meland, seconded by Councilman Duffy to set the scheduled assessment dates as per the memo before Council. The motion passed 7-0. -198- City Council meeting minutes September 2, 1986 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims by the Director of Finance, dated for vendor claims and $23,259.59 City Manager and City Treasurer be amounts. The motion passed 7-0. 13b. Contract payments It was moved seconded by the list of September 2, 1986 in for payroll claims authorized to prepare by Councilman Duffy, Councilman Meland, that verified claims prepared the amount of $351,115.81 be approved and that the checks in the appropriate 1. Final payment: Ridgedale Electric, Project 84-16, traffic signal, Louisiana Ave. and W. 28th St. Amount: $2,151.75. It was moved by Councilman Meland, seconded by Councilman Duffy to waive reading and adopt Resolution 86-148 authorizing payment. The motion passed 7-0. 2. Partial payment: Midwest Asphalt, Project 85-10, paving, curb b Gutter on T.N. 7 south frontage road west of Texas Ave. Amount: $33,526.37 It was moved by Councilman Duffy, seconded by Councilman Strand to approve and authorize payment. The motion passed 7-0. 14. Adjournment a mi ecor ng etre ary -199- It was moved by Councilman Meland, seconded by Councilman Duffy, to adjourn the meeting at 9:45 p.m. l y Aank,ayor