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HomeMy WebLinkAbout1987/12/21 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ' IP ST. LOUIS PARK, MINNESOTA December 21, 1987 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 members were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy Lyle Hanks Allen Friedman Also present were the City Manager, City Attorney, Director of Planning, Director of Public Works and Director of Finance. ' 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember ,Mitchell , to approve the minutes of the December 7, 1987 meeting. .I, The motion passed 5-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to approve the consent agenda for December 21 , 1987 with the removal to the agenda of item 9g. HRA minutes (requested by Councilmember Friemdan) . The motion passed 5-0. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the agenda for December 21 , 1987. The motion passed 5-0. PUBLIC HEARINGS 6a. House of Tran Request for on-sale wine license, 8140 Hwy. 7 Fir. Tran was available to answer questions. 11110 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 Councilmember Friedman, seconded by Councilmember Mitchell to approve the issuance of an on-sale wine license. -248- City Council meeting minutes December 21 , 1987 The motion passed 5-0. 4111 6b. Bunny's liquor license Transfer of Bunny's liquor license, 4730 Excelsior Blvd. 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 Councilman Friedman, to issue the on-sale intoxicating liquor license to Rackner, Inc. The motion passed 5-0. 6c. Air conditioning units Amendment to zoning ordinance to permit air conditioning units in setbacks. 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 Councilman Mitchell , seconded by Councilmember Duffy, to waive first reading and set second reading for January 4, 1988 and authorize summary publication. Councilmember Friedman alluded to the phrase "deemed appropriate by a city 411/ official" commenting it seemed rather arbitrary and wondered if it could stand a court test since there were no parameters. The City Manager said that to clarify, what was before Council was part of the code which will be reviewed by the Building Construction Codes Advisory Commission. It is not part of the ordinance Council was being asked to adopt that night. Upon review, that section will come back for action. Councilmember Friedman asked that the City Attorney include language more specific in addressing the noise concerns than the phrase "deemed appropriate by City official ." The motion passed 5-0. 6d. Perkins Special permit to reinstate conditions of previous special permit for a Class II restaurant and off-street parking lot at 4150 Excelsior Blvd. Linda Fisher, attorney for applicant, gave background information on the Perkins original special permit, the amended special permit in 1985 and the reason for their appearance this evening. It was Perkins request to revert to the conditions of its special permit originally issued in 1960. , She also addressedthe concerns as expressed by Ken Faulkner who lives immediately 41111 next to Perkins. He had a number of concerns about traffic, noise, landscaping, the condition of the fencing and the dumpster area. She addressed each of these concerns in order, explaining how Perkins intended to ameliorate his concerns. -249- City Council meeting minutes - December 21, 1987 illMr. Faulkner addressed Council to add to what Ms. Fisher had said. 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 Duffy, seconded by Councilmember Battaglia, to waive reading and adopt the resolution. Councilmember Mitchell referred to the maintenance problem on the property. He asked about the history of some of the items brought up. Was it difficult for the City to enforce or did the City not get involved until somebody complained such as Mr. Faulkner. Also, should the permit be approved, was anything going to change. The City Manager felt this history was on a responsible complaint basis. He said the City does not ordinarily patrol all restaurants, although all are inspected periodically, especially the interior operation. It said it appeared from what both Ms. Fisher and Mr. Faulkner said that the City has been called to the property a number of times in the past. Councilmember Mitchel questioned if this were the vehicle to address these concerns. 10 Councilmember Friedman questioned if Perkins intended to do something different from what was granted in the special permit, i .e. tear down the liquor store building, enlarge the parking lot? Mayor Hanks said as best he recalled the amended special permit had the intent to remove the liquor store building, improve the landscaping and increase the parking. Ms. Fisher said the reason for the original special permit in 1960 was because parking was going to be requested for a R-3 district in which restaurants were permitted uses. This property abuts a B district. In its 1985 request, she said Perkins planned to leave the restaurant in place but had purchased the liquor store site with the plan to combine the spots and do a new parking/land- scaping plan. Subsequent to that, Perkins had a re-evaluation of its business plan, ultimately resulting in the decision not to proceed with that plan. At the same time, a decision was made to sell the liquor store. Councilmember Friedman asked what was the purpose of tonight's request. Ms. Fisher said Perkins needs a special permit to continue the parking at the rear of its restaurant. That part of the 1960 special permit was automatically rescinded when the 1985 special permit was granted. She stated the conditions of the 1985 permit are such that Perkins can no longer comply as the plan re the liquor store is not to be implemented. 111 Councilmember Friedman said it was his understanding that a condition of the 1985 permit was to tear down the liquor store which they never complied with. He asked if there weren't a time limit on that condition during which the condition was to be complied with. He asked why the liquor store building was still there, why have the improvements stipulated in the special permit not been complied with and why has the City not taken appropriate enforcement action. He did not think it appropriate for Council to be approving special -250- City Council meeting minutes December 21 , 1987 permits if they are not going to be adhered to. He said this property was an eyesore and he would like to know what is going to be done or is it going 4111 - to stand as it is for another two years or longer. The Planning Director reviewed the 1985 special permit which indicated that the improvements were to be completed by October 30, 1986 including the trash enclosure. He said that at the time of scheduled completion, Perkins representa- tives indicated they did not wish to proceed with that particular permit. The City informed them that failure to use that special permit with those conditions would result in their becoming a non-conforming, in fact, illegal use because the permit would become null and void. Perkins indicated they would ask for an amendment to the special permit. They also indicated the liquor store property would be set free for purposes of sale. The City was concerned about how this would impact access to the remaining property in terms of how it would be used. Because of their situation of corporate offices being located elsewhere in the country, there was a delay in formally reapplying to resolve these issues. He said that in a sense what should have happened was that either they complied by the Oct. 30 deadline or should have had a new permit in hand prior to that time. In reality, they did not accomplish that. Now they were looking to legalize that special permit and go back to the conditions they had before. Councilmember Friedman asked if it were not true that Perkins was a non-conforming use and were operating illegally. And number two, isn't a special permit a con- tract saying that if it is granted> the holder must do such and such by a certain date. 4111 The City Attorney said that was true, that stated conditions of the permit must be complied with. He said in the present instance the applicant has apparently exercised the right to abandon the permit which puts them in the circumstance of a non-ic.omp_lying use. Whether or not the City could specifically enforce the conditions is something he would not render an opinion upon. He felt if the Council wished to pursue the issue of enforcement, it would be recommended they take no action that evening. Councilmember Friedman wanted to make his position clear that he did not intend to be approving special permits whose conditions were not going to be enforced. He felt there were many people asking for similar requests who follow through very diligently and who do a good job. He just wondered what Council was doing this evening. Councilmember Mitchell found the situation as it exists with no follow through to be disturbing. He found himself in the position of not being able to support the request. In answer to a question from Councilmember Battaglia re Council 's alternatives or options, the City Attorney said Council had three options: (1) direct staff to investigate whether or not they could enforce the 1985 special permit; (2) direct staff to prepare a resolution of denial as it is currently written; and (3) approval . In answer to a question from Councilmember Battaglia, the Mayor explained the major difference between the 1985 special permit and tonight's request 4111/1 was that the former involed the liquor store and property immediately to the west. -251- City Council meeting minutes December 21, 1987 11111 Ms. Fisher was concerned about certain legal implications that had arisen, particularly as to whether or not there was a legal basis to revoke the permit. She questioned whether or not Perkins was an illegal , non-conforming use. If Council were not of a mind to issue the special permit, she did request additional time so that she could meet with the City Attorney to discuss some of the areas of concern raised. It was moved by Councilmember Mitchell, seconded by Councilmember Friedman, to continue the public hearing to January 19, 1987. Councilmember Friedman wanted to make sure staff find out what is happening, why it is happening and does the City really want to relinquish the 1985 permit or ask that the building be taken down so the property looks like what it is supposed to look like. that Councilmember Mitchell asked/the history of contact being made and in a timely basis be brought back to Council . Councilman Duffy agreed stating there was reference to the fact that Perkins started looking into changing the 1985 special use permit prior to its expiration and he, too, would like some dates/history as to when those inquiries were made, when it all started, etc. The motion passed 5-0. 1110 5e. 5775 Wayzata Blvd. Amendment to special permit for Resolution 87-209 a building addition at 5775 Wayzata Blvd. 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 Friedman, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 87-209 entitled "A resolution rescinding Resolution 85-102 adopted on July 15, 1985, rescinding Resolution 7019 adopted on December 7, 1981 amending resolution No. 6173 adopted on November 20, 1978 and granting special permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow a nine-story office building, drive-in banking facility and Class III restaurant for property located in the DOD, Diversified Development District at 5775 Wayzta Blvd." The motion passed 5-0. 6f. 8900 Hwy. 7 Amendment to special permit for Resolution 87-210 Class Iw restaurant at 8900 Hwy. 7 Don Zebrack, representing Godfather's Pizza, was present to answer questions. 1110 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 Councilmember Mitchell , seconded by Councilmember Battaglia, to waive reading and adopt resolution 87-210 entitled "A resolution rescinding -252- City Council meeting minutes December EJ, 1987 Resolution 84-27 adopted on March 5, 1984 rescinding Resolution 6101 adopted4111 on September 5, 1978 and granting special permit under Section 14-195(1 ) of the St. Louis Park Ordinance Code relating to zoning to allow a commercial development unit at 8900 Highway 7, 8906-50 Highway 7 and 8800 Highway 7." The motion passed 5-0. 5g. 7600 Hwy. 7 Variance in parking requirements at 7600 Hwy. 7 The Mayor said the applicant was requesting the item be continued to January 4 because of a problem with the sale of the property. Eric Ramberg, 3633 Quentin Ave. , expressed his concerns of the inadequate parking along Quebec and Pennsylvania. He felt increasing the number of occupants in the building would further exacerbate the already strained parking situation. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to authorize preparation of a resolution of denial with findings. Larry Reader was present as agent for the owner in California. He was asking for the continuance because of the situation that came up between the buyer and seller. Councilmember Duffy said there was no way he could justify the type of reduction in parking that was being requested. He said the requested resolution of denial could be discussed at the next meeting. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to continue the public hearing to January 19, 1988 and direct staff to prepare a resolution of findings to be available at that meeting. The motion passed 5-0. 5h. Rental bond program Amendment and request for preliminary Resolution 87-211 bond approval Lois Bredahl , Frantz Klodt & Co. , was present to answer questions. 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 Duffy, seconded by Councilmember Friedman, to waive reading and adopt Resolution 87-211 entitled "Resolution for a program amendment of the Housing Plan and Program of the City of St. Louis Park and giving preliminary approval to a multifamily rental housing project under Minnesota statutes, Chapter 462C." The motion passed 5-0. The City Attorney clarified for Councilmember Battaglia why the City had to411 take action on such an amendment since itisin no way encumbered by the project. He stated that even though the City does not pledge its full faith and credit, so to speak, such a project is part of public financing and therefore it is treated differently for tax purposes. -253- City Council meeting minutes ' December 21, 1987 Chris Shaw, bond counsel from Miller & Schroeder, stated that action this evening was a procedural step under state and federal law preliminary to issuing bonds for this type of project. She stated the Council acts asaconduit providing tax exempt financing at a tax exempt rate for the project. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Taxicab fare increase The following individuals spoke relative to tide requested fare increase: Donald Kodlowski, John Holleran, Suburban Taxi ; Nathan Shaw; Sid Strong; Steven Smith. They were unanimous in requesting the City delete its connection to Minneapolis cab rates and that they be set by the Council , or at least reviewed by the Council . It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to amend the code deleting the Minneapolis connection providing the City Council set the rates. Councilmember Mitchell had a problem with the City Council setting rates as that puts the Council right back into the business. He was more comfortable with the industry setting the rates. If there were dissatisfaction in the community because of rates being charged, the Council has the authority to put an end to it. He preferred to let the industry run its own business. Councilmember Friedman said what he wanted to get a handle on was if the rates 1110 should get out of line that the Council would still have the right to say no, not in St. Louis Park. Mayor Hanks, in an effort to get the two positions together, suggested that the companies set the standards subject to the Council 's approval . Councilmember Mitchell still felt that everytime a rate increase was contemplated, the companies would return to Council for approval which seemed to him that Council was indeed setting the rates. He did believe the industry could regulate itself. Councilmember Battaglia referred to other services which are not regulated such as MTC fares. Councilmember Friedman said there are some individuals who are not able to take public transportation and their only alternative, especially senior citizens, is to ride taxis. Also, taxis require inspections and to carry liability insurance. He felt there were numerous reasons why one wouldn't want to see rates go out of line. The City Manager pointed out the the MTC rates were regulated by another commission. He saw as a possibility that should the companies require a rate increase, that they provide staff with proper and complete documentation which could then be on a Council agenda. If it was out of line, Council could have the ILO option to put a hold on the potential increase and call for a public hearing. Councilmember Friedman amended his motion to include the suggestion as stated by the City Manager. To clarify the motion, he was moving that the code be -254- City Council meeting minutes December 21 , 1987 amended deleting the Minneapolis connection and that those taxi .companies licensed in the City shall bring to the City Manager a report if they wish 41111 to increase fares including whose increasing them and why so that the City Manager can evaluate whether or not they are justified, thereafter apprising the City Council of said action. The City Manager added if Council should disapprove, any rate increase would be held in abeyance until a decision by the Council but not less than 60 days after the original request. This was agreeable to the second. The motion passed 4-1 (Councilmember Mitchell opposed) . RESOLUTIONS AND ORDINANCES 8a. Amount in depository Resolution increasing designated Resolution 87-212 maximum amount to be kept in depository By consent, motion to waive reading and adopt Resolution 87-212 entitled "Resolution increasing designated maximum amount to be kept in depository." 8b. Securities for collateral Resolution approving securities 12esolution 87-213 for collateral from Shelard National Bank By consent, motion to waive reading and adopt Resolution 87-213 entitled "Resolution approving securities for collateral from Shelard National Bank, St. Louis Park, MN." di 8c. Ordinance refunding vacation It was moved by Councilmember compensatory time, severance pay Duffy, seconded to Councilmember Ordinance 87-1727 Mitchell , to waive reading and adopt Ordinance No. 87-1727 entitled :''Ordinance refunding vacation, compensatory time and severance pay." The motion passed 5-0. 8d. Sale of home: Louisiana Ave. It was moved by Councilmember Ordinance No. 87-1728 Mitchell , seconded by Councilmember Battaglia, to waive reading and adopt Ordinance 87-1728 entitled "An ordinance authorizing the sale by the City of the property located at 3156 Louisiana Ave. So." The motion passed 5-0. 8e. Interim ordinance: 1-394 The City Attorney noted two changes: pg. 2, Sec. 2.01 (a) , strike Comprehen- sive Plan, substituting word Code; and 2.02(e) , 2nd paragraph, after the word rezonings add other land use approvals, . . It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to refer the matter to the Planning Commission. The motion passed 5-0. -255- • City Council meeting minutes December 21 , 1987 8f. Water, sewer, refuse rates Ordinance specifying 1988 rates It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to waive first reading and set second reading for January 4, 1988. The motion passed 5-0. Councilmember Friedman questioned -if funds were not provided in the Remedial Action Plan for some of the items in the report. The City Manager responded funds were provided Mactivities; the City needs to provide funding for those activities it assumed under the RAP. Primarily, the dis- tinction is that anything requiring capital improvement with the exception of Well 4 is Reilly's responsibility. Anything requiring an on-going, testing, operating-type cost is assumed by the City. Councilmember Friedman noted the 30% increase in refuse rates. The City Manager said the thing to remember is that the City has had a very friendly City/refuse hauler contract in the sense that it was tied to a portion of the cost of living. The increases over the past several years have been quite minimal . That formula has gone eskew in the past several years because of the cost of landfill . 10 Councilmember Friedman alluded to the residents on fixed incomes, people laid off from jobs, single parents raising children, all of whom are getting less money than previously. He asked if the contractor was ever required to pull back in a similar fashion. He wondered if the City was obligated to keep the profit margin of the contractor at the same or higher level . The City Manager felt that the contractor would very strongly argue that this contract has been, at best, a minimal profit to them over the past 4-5 years. They do want to keep the contract as it is an easy pickup in the City with its small lots and alley network. Councilmember Duffy felt it should be noted that residents who totally recycle with no lawn materials pickup actually will be getting a decrease. Councilmember Friedman remained concerned about raising rates and people on fixed incomes. The City Manager concurred and felt that was a good argument for a resident to negotiate his own contract, and he would have no objection to looking at the possibility. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Water reservoir agreement By consent, motion to refer to January 4, 1988. 9b. 1988 street assessment rate By consent, motion that the street 16reconstruction remain at $16/assessable foot, reflecting a charge of $5.50 for curb and gutter and $10.50 for street improvement costs. -256- City Council meeting minutes December 21 , 1987 9c. Traffic management plan By consent, direct staff to solicit input from representatives of 4111 the Excel Assocition regarding the development of a comprehensive traffic management plan for the Wooddale/ Excelsior/France Ave. and City's south boundary. 9d. November financial report 9e. Cable TV Commission minutes Oct. 22 9f. HRA minutes Nov. 24 Items 9d, 9e, 9f ordered filed by consent. 9g. HRA minutes Dec. 8 Councilmember Friedman questioned the rentals on Lilac Way not being paid and asked for clarification. The Executive Director said that some of the tenants realize they have an obligation to pay unpaid rent; others indicate they prefer to debate that issue. A number of tenants are in arrears. Just prior to closing, the redeveloper wished to maintain the right to collect the unpaid rent. The sellers reached agreement with the redeveloper on the purchase price with the right of the redeveloper to collect, to the extent he was able, unpaid rent on the property. This matter is being dealt with by the Authority and the redeveloper. Al 9h. Board of Zoning Appeals minutes Dec. 1 9i . Planning Commission minutes Dec. 2 Items 9h, 9i ordered filed by consent. UNFINISHED BUSINESS QOa. Boards and Commissions Appointment of Council liaison to boards and commissions was scheduled for January 4. NEW BUSINESS lla. Police uniform contract By consent, motion to designate Uniforms Unlimited as the lowest responsible bidder and authorize execution of a contract for the year 1988. lib. Raffle license: KC Renewal of raffle license: Knights of Columbus By consent, motion to approve. -25741111 - City Council meeting minutes December 21 , 1987 11111 llc. Planning/HRA study Consultant: Planning Department/HRA organizational study It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to authorize execution of an agreement with Mercer/Slavin to conduct an organization study of the Planning Department/Housing and Redevelopment Authority. The motion passed 5-0. The timetable for Council involvement and parameters of the study were briefly discussed. In answer to a question from Councilmember Friedman, the City Manager said the firm was located in Atlanta, Georgia and that they have done this type of study previously. He said there were not that many firms in the Twin Cities metropolitan area doing this type of study. lld. Bingo license: Past Commanders By consent, motion to approve lle. Fire Chief It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to confirm the City Manager's appointment of Dave Robertson as Fire Chief. 10 The motion passed 5-0. llf. Liability insurance It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to award the City's insurance bid to Hartford Steam Boiler Insurance Co. for boiler and machinery insurance coverage and to award all other coverages, except for umbrella liability, to the League of Minnesota Cities Insurance Trust. The motion passed 5-0. llg. Insurance agreement for 1988 It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to designate BHK&R as the City's insurance agent for 1988. The motion passed 5-0. llh. Temporary easement: WHEEC It was moved by Councilmember Resolution 87-214 Duffy, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 87-214 entitled "Resolution authorizing execution of temporary easement to the State of Minnesota to allow construction of a noise barrier 1111 wall along I-394." The motion passed 5-0. -258- City Council meeting minutes December 21 , 1987 MISCELLANEOUS41111 a. Claims Robert Coffey Lane Nancy Smith By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks noted the NLC Washington conference is slated for Jan. 19-22, 1988. All interested in attending should so inform the City Manager. Also, there is a half-day session on cable tv. The NLC conference in 1988 is in Boston on Dec. 3-7. 12c. Communications from City Manager The year-end meeting was scheduled for Dec. 31 at noon. Mayor Hanks took the opportunity to thank Greg Dullum of the Sun Sailor for his work over the past few years and compliment him on his fair reporting of City news. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance dated December 21 , 1987 in the amount of $12,208.34 for payroll claims and $557,379.06 for vendor claims be approved and that the City Manager and City Treasurer be authorize to distribute checks in the proper amounts. 13b. Contract payments Resolution 87-215 1. Final payment: Universal Applicators, Red Center roof. Amount: $37,174. By consent, motion to waive reading and adopt Resolution 87-215 entitled "Resolution accepting work on re-roofing project at St. Louis Park Recreation Center." 14. Adjournment The meeting adjourned at 10:00 p.m. VoNe, Mayor 017 /L/f-t4 Rcording Secretary 4111 -259-