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HomeMy WebLinkAbout1987/10/19 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 19, 1987 1 . Call to Order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations None. 3. Roll Call The following Councilmembers were present at roll call : Thomas Duffy Larry Mitchell Allen Friedman David Strand Keith Meland 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 Councilmember Strand, seconded by Councilmember Meland, to approve the minutes of the October 5, 1987 study session. 11111 The motion passed 5-0-1 (Councilmember Duffy abstained) . It was moved by Councilmember Strand, seconded by Councilmember Meland, to approve the minutes of the October 5, 1987 City Council meeting. The motion passed 5-0-1 (Councilmember Duffy abstained) . It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to approve the minutes of the October 12, 1987 study session. The motion passed 4-0-2 (Councilmember Mitchell abstained; Councilmember Backes absent) . 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Friedman, to approve the consent agenda for October 19, 1987. The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the agenda for October 19, 1987. The motion passed 6-0. 11110 -214- City Council meeting minutes October 19, 1987 PUBLIC HEARINGS 6a. Radio tower Special permit for radio tower addition, 3280 Gorham Ave. 1 It was moved by Councilmember Strand, seconded by Councilmember Meland, to table the matter. The motion passed 6-0. 5b. Motor vehicle lease lot Special permit: Rental lot for Resolution 87-179 motor vehicles, 7121 Wayzata Blvd. There being no one wishing to speak, the Mayor closed the public hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Strand, seconded by Councilman Meland, to waive reading and adopt Resolution 87-179 entitled "A resolution rescinding Resolution 6406 adopted on Oct. 15, 1979 and granting special permit under Section 14-156(6) of the St. Louis Park Ordinance Code relating to zoning to allow a rental lot for motor vehicles for property located in the 8-2, business district, at 7121 Wayzata Blvd." Councilmember Strand asked if the condemnation of this property by MnDOT as shown in the Planning Commission minutes should be incorporated into this resolution. The Planning Director said there would be no problem inserting that as a condition. 41111 1 The motion to adopt the resolution as amended passed 6-0. 6c. Vacation Vacation of public right of way called Oak Trail , Oak Park Village There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to waive first reading and set second reading for November 2, 1987 and authorize summary publication. The motion passed 5-1 (Councilmember Meland opposed) . 6d . Brooks McCracken industrial park Preliminary plat There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve the preliminary plat and set review of the final plat for Nov. 2, 1987. The motion passed 6-0. -215- City Council meeting minutes October 19, 1987 11111 6e. 6217 Excelsior Blvd. Special permit for office building Resolution 87-180 at 6217 Excelsior Blvd. Applicant Linda Murray was present to answer questions. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-180 entitled "A resolution rescinding Resolution 86-64 adopted on May 19, 1986 rescinding Resolution 5646 adopted on November 29, 1976 and Resolution No. 5351 adopted on September 2, 1975 and rescinding any previous resolutions approving or amending special permits for the subject property and granting special permit under Section 14-141 (7) of the St. Louis Park ordinance code relating to zoning to permit an office building for property zoned R-4, multiple family residence district, at 6217 Excelsior Blvd." Councilmember Strand asked Ms. Murray is she were aware of the complaints relative to the appearance of the property. She said she was but that has been taken care of. 1 Mayor Hanks alluded to condition 10 and suggested that the word "dead" be `removed from in front of tree. 111) The motion to adopt the resolution as amended passed 6-0. 6f. Off-sale license: COSTCO Application of off-sale intoxicating liquor license Councilmember Meland left the chambers. Byron Starns spoke on behalf of Costco's application. Kenneth Sachs stated the City needed more low priced liquor stores. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve. Councilmember Mitchell asked what the legal recourse of the applicant was should the application be denied. The City Attorney stated the Council had broad discretion in considering this matter. He said if the Council were found to have acted arbitrarily or capriciously, their denial could be stuck down. He said Mr. Starns had provided him with answers to the questions that Council had previously raised over this application. ILOMayor Hanks asked if the application were denied, would it be necessary to have a resolution of denial with findings. The City Attorney said it would be his recommendation that such a resolution be prepared. -216- City Council meeting minutes October 19, 1987 Councilmember Strand said that based on the work the applicant has done in 41111 1 answering the concerns of Council , he could see no reason why it should be denied. He remained concerned about the number of liquor licenses in the City. He hoped that upon completion of the Governance committee's review of liquor licensing policy, the Council would be prepared to make a definite determination on this subject. Councilman Duffy felt that Costco's location in the third ward was ideal for this type of operation and certainly it would not be disturbing to the surrounding neighborhood plus providing ample parking. Mayor Hanks commented that in its original application, Costco made no mention that they intended to have a liquor store. He did feel it would be very difficult to come up with reasons for denial . Councilman Friedman reiterated his belief that along with taxicab licensing, he would hate to see the City put any premium on licenses and restrict trade. If the law does not prohibit approving a license and they meet all the requirements, he could see no reason for denial . The motion passed 5-0. 6g. General Revenue Sharing There being no one wishing to speak, the Mayor closed the public hearing with the 41111 right of Council to thereafter reopen and continue it at a future date. No action was required on this item. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request from cab companies Request to amend City ordinance regulating meter rates Councilmember Strand could not see the City getting involved in regulating of cab rates. His concern was for protection for senior citizens. Councilmember Friedman asked if the ordinance stated the City must use Minneapolis as its guide in setting rates. The City Manager felt there was some need for uniformity in rates so that when a customer takes a cab from downtown Minneapolis, the rates don't change when one crosses the border and vice versa. He felt there was a real problem with no cross-licensing of cabs in municipalities. Councilmember Meland said the present situation exists because that's the way the cab industry wanted it. Councilman Freidman agreed with Councilmember Strand and felt the market should 41/1/ regulate rates as long as there were protection for seniors and those whose only means of transportation was by taxicab. It was moved by Councilmember Meland, seconded by Councilmember Duffy to table the matter. The motion passed 6-0. -217- City Council meeting minutes October 19, 1987 RESOLUTIONS AND ORDINANCES ` 8a. 1988 budget It was moved by Councilmember Meland, Ordinance 1724-87 seconded by Councilmember Strand, to waive reading and adopt the 1988 budget. The motion passed 6-0. 8b. Oakmont access Resolution granting access easement Resolution 87-181 to Oakmont It was moved by Councilman Duffy, seconded by Councilmember Strand, to waive reading and adopt Resolution 87-181 entitled "Resolution granting easement for driveway access." The motion passed, 5-1 (Councilmember Meland opposed) . 8c. Hwy. 7/Minnetonka/France Resolution rejecting MnDOT proposal Resolution 87-182 It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-182 entitled "A resolution of findings regarding a MnDOT proposal for the modification of T.H. 7 and Minnetonka Blvd. between France and Lynn Avenues as proposed in design layout 3A of MnDOT Project No. S.P. 2707-08, and modified by Flap A". Councilmember Strand alluded to the letter received from MnDOT. He felt the letter was unfairly written and that it contained inaccuracies. MnDOT suggests that by its action the Council may be creating a liability situation for the City. He felt that statement to be wrong. He said their study does not show what an increase in traffic on residential streets might mean with respect to safety of the residents living on those streets and the increased number of accidents that might occur on those streets because accidents would be shifted off the main highway onto -residential streets. He felt it was clear from their letter that despite what was said at the last Council meeting that they are holding the City hostage in the sense of the dollars that are available from the state and federal government. He was sorry the department felt the need to send this letter. Councilmember Friedman said he would go one step further. He would not be opposed to having a letter directed to the Commissioner and perhaps to the Governor about how the Council feels. He felt this type of pressure being brought to bear does not make for good governmental relations. He said City residents pay state and federal taxes along with their City taxes and are not entitled to this type of treatment. He felt the letter from MnDOT reflected badly on the whole community. Councilmember Meland felt that MnDOT representatives were responsible for 11110 explaining its proposal and that it wasn't done very well by those who were supposed to do it. Mayor Hanks felt there were two motions in order: One to pass the resoloution and then a second motion should be made directing that a letter be sent to the Commissioner incorporating the items discussed. -218- City Council meeting minutes October 19, 1987 The motion to adopt the resolution passed 6-0. III Councilmember Strand said that while he was in favor of the resolution denying the project and while he was not happy with the letter MnDOT sent, what was at stake here was the funding. He did not want to see the funding lost. He felt if there were an opportunity to do something that will improve the intersection without being detrimental to the neighborhood, the City ought to go ahead and do it. He noted a couple of months remained before a final resolution needs to get to MnDOT. From discussion at the last Council meeting, he said it seemed there was some measure of support among Council members that perhaps a solution should be explored. He said he would prefer that rather than letting the project die. Also, he said he'd like to see Council fashion some type of remedy, if possible, one more time before giving up on the project. He said it might be that nothing can be done, but that there were a lot of dollars on the line and he would like to be able to take advantage of the funds if at all possible. He suggested referring the matter to a study session. Councilmember Meland commented the item may well go to a study session, but for now, since it appears that MnDOT has their position, he thought it should be referred to the City's public works department to see if they could come up with a remedy that might meet the objections of the neighborhood or that could move in the direction of a compromise with MnDOT and the concerns of the neighborhood. Mayor Hanks didn't see how there was ever going to be a solution to this situation. He noted nothing so far has been able to satisfy the neighborhood. The other problem he had is that a lot of people left the public hearing with the feeling they had beaten the project down. Councilmember Friedman said he had no objection if the area were beautified. It was his personal feeling that so far none of the plans presented have made substantial change in the potential problem to the neighborhood. He felt that MnDOT's letter should not be allowed to go unnoticed and that the Council 's objections should be noted. He did encourage continued exploration of ways in which a solution could be accommodated. He felt if something weren't done now, Council ought not to do anything ever about this letter. Councilman Strand said he did not want to force a study session on the Council , that apparently the feeling of the Council seems to be to send an appropriate letter. It was moved by Councilman Friedman, seconded by Councilman Strand to send • a letter to the Commissioner over the Mayor 's signature as representing the Council . Mayor Hanks asked if the letter should include that Council will continue up to December 22 looking at possible alternatives. Councilmember Duffy commented on a sentence in MnDOT's letter stating they cannot compromise further than the alternative as presented to the City Council without loss of the intent of the project, namely accident reduction. He felt this sort of stonewalled the City, but he did agree with Councilmember Strand that all exploration for a solution should not be dropped at this point. Mayor Hanks believed a letter could be written to MnDOT which turns the matter around, pointing out the City would still like to work at finding a solution. -219- City Council meeting minutes October 19, 1987 8d. CDBG agreement Amendment to Community Development Resolution 87-178 Block Grant joint agreement with Hennepin County. By consent, motion to waive reading and adopt Resolution 87-178 entitled "Amendment to Community Development Block Grant Joint Cooperation Agreement." 8e. Lease renewal : Bus plaza It was moved by Councilman Strand Resolution 87-183 seconded by Councilman Friedman, to waive reading and adopt Resolution 87-183 entitled "Resolution authorizing lease renewal of property for bus plaza." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Planning Commission minutes Oct. 7 9b. Housing and Redevelopment Authority minutes Oct. 6 9c. Human Relations Commission minutes Sept. 30 9d. September financial report By consent, items 9a through 9d ordered filed. UNFINISHED BUSINESS 10a. Boards and Commissions No business NEW BUSINESS lla. Towing contract It was moved by Councilman Strand, seconded by Councilman Duffy, to authorize the Mayor and City Manager to execute a one-year contract with Dick's Towing. The motion passed 6-0. lib. Pulltab license renewals Braille Sports Foundation and Humane Society of Hennepin County By consent, licenses approved. MISCELLANEOUS 12a. Claims Helen Geske By consent, claim referred to City Clerk and City Attorney. 12b. Communications from Mayor November 10 was selected as the date to meet jointly witn the Golden Valley City Council at 7:00 p.m. at St. Louis Park City Hall . The meeting with the Minnesota Department of Health was set for Octooer 29 at 11 :30 a.m. -220- City Council meeting minutes October 19, 1987 12c. Communications from City Manager None. , CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance dated October 19, 1987 was approved in the amounts of $1 ,343,456.08 for vendor claims and $16,165.63 for payroll claims and the City Manager and City Treasurer were authorized to issue checks in the appropriate amounts. the appropriate amounts. 14. Adjournment The meeting adjourned at 8:27 p.m. W, )/ 4 ,w May 361 Alit R cording Secretary 11111 411111 -221-