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HomeMy WebLinkAbout1987/11/02 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 2, 1987 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presenttions Mayor Hanks presented a proclamation to Superintendent of Schools, Carl Holmstrom, proclaiming National Education Week. 3. Roll Call The following members were present at roll call : Ronald Backes Larry Mitchell Thomas Duffy 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 111" Strand, seconded by Councilmember Duffy, to approve the minutes of the October 19, 1987 meeting with the following correction: pg. 217, x- item 6f, Costco is in the third, not second, ward. The motion to approve passed 5-0-1 (Councilmember Backes abstained). 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Meland, to approve the consent agenda for November 2, 1987 . The motion passed 6-0. . It was moved by Councilmember Meland, seconded by Councilmember Strand, to approve the agenda for November 2, 1987 with the following additions: 7b. Peace Presbyterian Church and 12b. Canvass of election returns. The motion passed 6-0. PUBLIC HEARINGS 5a. Mid-block street light Improvement hearing: Mid-block Resolution 87-184 decorative light, 4600 block of Vallacher 11110 !lr. Greg Park, 4509 Vallacher, inquired as to who would be paying for the light. The City Manager responded those signing the petition for the light would be assessed for it. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -222- City Council meeting minutes November 2, 1987 Councilmember Meland asked when the assessment hearing would be held. The City Manager said probably in the fall of 1988. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Resolution 87-184 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for improvement No. 87-56: Mid-block street light in the 4500/4600 block of Vallacher Ave." The motion passed 6-0. 6b. Muffler shop Special permit to increase number of service bays at muffler repair shop at 4301 Excelsior Blvd. Steve Larson, applicant, spoke explaining what it was they were intending to do. He said he had a petition signed by some 29 residents in the immediate area none of whom had any problem with their plans. He also wanted to dispel any concerns that this would increase traffic as their traffic count has shown a 35% decrease in the past five years. Councilmember Strand asked what kinds of controls they had to reduce the noise in their operation. Mr. Larson said current noise is caused by cars needing exhaust work. He said the work they will be adding is brake work which will cause virtually no additional noise. He said the hedge along the Joppa Ave. property line will be brought up to code which will help to decrease any noise. Councilmember Mitchell asked for a review of the parking requirements. The Planning Director said ten spaces would be required and this is what their site plan shows. Dean Duby, Excel Neighborhood Association, said one or two residents in the neighborhood are concerned about the potential for additional noise. However, they would not want to infringe upon any business owner's plans as long as they are in agreement with the comprehensive Plan. However, they remained concerned of the impact on this type of business on the neighborhood. Will Johnson, owner of Jiffy Wash, spoke in favor of the applicant. There being no one further 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 Backes, seconded by Councilmember Meland, to waive reading and adopt resolution of approval . Councilman Strand asked for clarification re expansion of business at this site. The Planning Director said the expansion referred to in the report had to do with lineal expansion in a direction toward the neighborhood. Councilmember Duffy said he was receiving a pro and con from the neighborhood. -223- City Council meeting minutes November 2, 1987 11111 He again expressed his concern over what is happening on Excelsior Blvd., i .e. nickeling and dimeing improvements along Excelsior Blvd. This application was just one of many of these types of things potentially happening on Excelsior Blvd. Somewhere along the way, he felt the City had to draw a line and say this is enough, that there would be no more encroachment into the neighborhoods. He was very sympathetic with Mr. Larson's plans to expand and increase his business, but he simply could not in good conscience vote for this type of expansion on Excelsior Blvd. The motion failed 3-3 (Councilmembers Duffy, Mitchell and Strand opposed) . It was moved by Councilman Meland, seconded by Councilmember Backes, to continue the item to December 7, 1987. The motion passed 6-0. 6c. Shelard sign policy Jack Lawrence, Signcrafters Outdoor Resolution 87-185 Display, representing the Holiday Inn, spoke. He explained the increased signage for the hotel which would be more readable from Highway 12. Also they were requesting to relocate the existing pylon so people could find their way in to the hotel particularly during the construct- ion period. There being no one further 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 Meland, to waive reading and adopt Resolution 87-185 entitled "A resolution amending the sign and graphics policy for Shelard Park as originally adopted by Resolution No. 5676 on January 17, 1977." The motion passed 5-0-1 (Councilmember Backes abstained) . 6d. Comp Plan amendment Amendment to Comprehensive Plan Resolution 87-186 1980-2000: Edgewood/Florida/23rd St. 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 Councilmember Mitchell , seconded by Councilmember Backes to waive reading and adopt Resolution 87-186 entitled "A resolution approving an amendment to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364." 11110 Councilmember Strand asked if a footnote in the Comprehensive Plan would have the same impact as an amendment made to the Plan. The City Attorney said two legal issues were involved: a State Statute passed several years ago stating that in a conflict between a zoning ordinance and a Comprehensive Plan, the zoning ordinance shall govern; the second issue -224- City Council meeting minutes November 2, 1987 that could be raised is that of spot zoning. In answer to Councilmember Strand's 41111 question, such a footnote would not govern over the zoning ordinance. Mayor Hanks asked what current zoning under the Comprehensive Plan governed this area today. The Planning Director said the Planning Commission did not find agreement, but did find sympathy to changing the zoning to an industrial park-type zoning. He said people and industries in the area found it objectionable to see heavier industrial uses; yet they were not- willing to accept industrial park type zoning on the basis they felt it was too restrictive. What the proposed footnote does, in advance, to anybody who may seek a special permit for the permitted industrial uses is to tell them the area has been thoroughly studied and such heavier uses determined not to be acceptable. Councilmember Strand asked if the study that had been undertaken of this area was sufficient rationale to avoid a spot zoning argument. The City Attorney responded if the permitted uses as stated are permitted or special uses under the zoning plan, then a special or conditional use permit would not violate the zoning requirements. It is then permissible, as part of the Comprehensive Plan, to add considerations. Whether or not it would be considered spot zoning would turn on the facts of the application. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request of Phyllis Strand Patrick Neaton, attorney for Phyllis Strand reviewed the letter he had sent to Council . Mrs. Strand's request is for, a variance to allow her to build a home/a 40-ft. lot she owns at 2708 Vernon Ave. In sum-, Mr. Neaton advised the Council that not granting a variance can be found to be an unconstitutional taking of the property. The City Attorney said the City Council had three options in this matter: send the matter back to the Planning Commission for further review; the Council could ask Mr. Neaton any additional questions and then consider the matter in an executive session; or thirdly, choose to take no action. The City Attorney's advice was that any discussion among the Council members on this matter be done in an executive session. It was moved by Councilmember Meland, seconded by Councilmember Strand, to refer the matter to the City Attorney for discussion in executive session. The motion passed 6-0. 7b. Peace Presbyterian Church Request to waive $350 sign fee It was moved by Councilmember Meland, seconded by Councilmember Backes to waive the $350 fee. 41111 Councilmember Meland thought there was a similar action taken several years ago with regard to the Timothy Lutheran Church and an application of some years back from Hennepin County library. -225- City Council meeting minutes November 2, 1987 IPCouncilmember Mitchell asked staff to review what past practice has been. The City Manager said the matter had been heard by the Planning Commission, but that the commission did not have the authority to waive such fees. Councilmember Strand asked Councilmember Meland what was the justification for waiver of such fees in the past. Councilmember Meland did not recall the specific discussion, but that once Council was advised they had the discretion to take such action, they did. One consideration was that the organizations were charitable, non-profitable and serving the community. Councilmember Mitchell said he'd like to be accommodating, but would like to know the implications of such waiver and thus would prefer to see it studied. Councilmember Meland withdrew his motion. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to refer the matter to staff for preparation of a report to come back to Council on November 16. The motion passed 5-1 . RESOLUTIONS AND ORDINANCES 8a. Vacation of Oak Trail Second reading of an ordinance vacating Ordinance No. 1725-87 Oak Trail It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Ordinance 1725-87 entitled "An ordinance vacating public right-of-way: Oak Trail ." The motion passed 5-1 (Councilmember Meland opposed) . 8b. Ordinance: Park Center Blvd. Ordinance 1726-87 Second reading of an ordinance vacating a portion of Park Center Blvd. . The City Attorney requested that the following language be added to Section 4: after the word "publication" add "and execution of a street vacation agreement by St. Louis Centre Partners in a form acceptable to the City Attorney. . ." He said this addition was to ensure receipt of a fully completed and executed vacation agreement with the developer. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to 11110 waive reading and adopt Ordinance No. 1726-87 entitled "An ordinance vacating street" as amended. The motion passed 6-0. -225 City Council meeting minutes November 2, 1987 8c. Brooks McCracken industrial park It was moved by Councilmember Resolution 87-187 Strand, seconded by Councilmember 41111 Meland, to waive reading and adopt Resolution 87-187 entitled "Resolution authorizing the execution of an agreement between the City of St. Louis Park and Hennepin County covering the furnishing of a recycling/composting program in 1987." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Fire lane designation 3601 So. Highway 100 Resolution 87-192 By consent, motion to waive reading and adopt Resolution 87-192 entitled "Resolution authorizing placement of traffic control signs establishing fire lanes at 3601 So. Highway 100." 9b. Hannon Lake sed basin repair It was moved by Councilmember Resolution 87-193 Mitchell , seconded by Councilmember Duffy, to designate J. P. Norex as the contractor for repairing the Hannon Lake settling basin. The motion passed 6-0. Councilmember Meland asked if this repair would prevent such an occurrence from happening again, that is a 100-year storm event. The Director of Public Works said that a design to prevent that occurring was not feasible. This project will restore it to the way it was prior to the July storm. 9c. Traffic study 377 Removal of parking restrictions Resolution 87-189 along the west side of the 3000 block of Hampshire Ave. By consent, motion to waive reading and adopt Resolution 87-189 entitled "Resolution rescinding parking restrictions on the west side of the 3000 block of Hampshire Ave. from 3024 Hampshire to W. 31st St." 9d. Traffic study 378 Xenwood Ave. south of 36th St. Resolution 87-190 By consent, motion to waive reading and adopt Resolution 87-190 entitled "Resolution authorizing installation of traffic control signs along the west side of Xenwood Ave. from a point 40 ft. south of W. 36th St. to the north side of the alley." 9e. Neighborhood meeting minutes W. 25i St. By consent, minutes ordered filed. 41111 9f. Incinerator site Study of public need for City incinerator site -226- • City Council meeting minutes November 2, 1987 It was moved by Councilmember Meland, seconded by Councilmember Duffy, to direct staff to negotiate the sale of the incinerator site. Councilmember Strand asked if the light rail authority will have condemnation power for purposes of selecting transfer sites for light rail transit. The City Manager said they will ; however, at best the incinerator site is a marginal site. The more viable site is at Ottawa Ave./Wooddale. As a matter of fact, the corridor committee deleted this site at its most recent meeting. Mayor Hanks wondered if staff saw in its negotiations the possibility of discussing and getting tentatively to a price contingent upon an approved plan. The City Manager said staff could probably not go that far, but could go so far as to say that whatever is proposed be in conformance with the concept plan for the site as developed by the Planning staff. The City Manager said that since MSD Recycle opened at this site, over 5 million pounds of materials have been recycled, two million of them from St. Louis Park residents. Some $200,000 was paid to St. Louis Park residents for their material . He felt the City might want to look into establishing another recycling site for the residents if the sale of this property materiali- zes. The motion passed 6-0. Councilmember Strand felt it appropriate to move that staff examine possible site alternatives to relocate a recycling center. This was seconded by Council- member Meland. Mayor Hanks asked if recycling efforts would cover apartments which are not recycling now but might, and does the City have any obligation to create a location for 3 million tons outside of St. Louis Park. The City Manager felt if a place were located it would have the potential to handle this kind of tonnage. The motion passed 6-0. 9g. Willow Grove office addition It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to find the proposed development inconsistent with the special permit conditions and to formally recommend to the City Council of Plymouth that the development proposal be made to conform to the conditions of the special permit. The motion passed 5-0-1 (Councilmember Backes abstained) . 9h. Housing and Redevelopment Authority minutes - 16 9i . Planning Commission minutes 9j. Streets and Highways Committee minutes All minutes ordered filed by consent. -227- City Council meeting minutes November 2, 1987 UNFINISHED BUSINESS 41111. 10a. Boards and Commissions Mayor Hanks recommended the reappoint- ment of Jim Dahl to the Police Civil Service Commission It was moved by Councilmember Duffy, seconded by Councilmember Backes, to reappoint Jim Dahl to the Police Civil Service Commission. The motion passed 6-0. NEW BUSINESS lla. Pulltab renewals Southwest Exchange Club pulltab renewal licenses at Jennings and Garcias By consent, pulltab renewal licenses were approved. llb. Cable TV It was moved by Councilman Strand, seconded by Councilmember Meland, to submit the Request for Proposal to Nortel Cable and to receive the executive summary for filing. The motion passed 6-0. Councilman Strand asked how long a municipality had to wait for a company to fail without being able to address the questions short of going through the renewal process. The Assistant City Manager referred Council to the section entitled Criteria For Evaulation of Application. This is a listing of the federal law enacted in 1984 and lists four different points by which a city may judge and evaluate the proposal that is set forth. MISCELLANEOUS 12a. Claims Helen Geske Haberle vs. State Farm By consent, the claims referred to the City Manager and Clerk Clerk for appropriate action. 12b. Communication from Mayor Mayor Hanks noted a meeting on Dec 2-3 relative to a city servicing its customers. He suggested a canvass of the election returns and review of City Manager's work program be carried out at the Nov. 10 study session along with the meeting with Golden Valley on I-394. 12c. Communications from City Manager The manager noted an executive session would be held to discuss matters of litigation. -228- City Council meeting minutes November 2, 1987 11111 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance dated November 2, 1987 in the amount of $504,724.57 for vendor claims and $14,603. 11 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Contract payments 1 . Final payment: Frantz Klodt & Son, Bass Lake trail construction. Amount: $70,000. By consent, motion to waive reading and adopt Resolution 87-191 approving final payment. 2. Partial payment: Halvorsen Construction, alley paving and random repair. Amount: $64,102.58. 3. Partial payment: Alber Construction, street paving, curb and gutter. Amount: $39,867. 14. 4. Electric Supply Co. , street lighting. Amount: $23,664.02. 5. Environmental Systematics, paint spray booth, MSC. Amount: $35,150. 6. Partial payment: Phillips Klein Co. , addition to MSC. Amount: $141 ,054.10. 7. Partial payment, Layne Western, St. Peter Aquifer monitor well construction. Amount: $11 ,851 .49 By consent, motion to approve and authorize payment. 14. Adjournment The meeting was adjourned at 8:50 p.m. i i , (I) Vcc.4e, Maer ecor ing Secretary 11110 -229-