Loading...
HomeMy WebLinkAbout1987/02/17 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING 11111 ST. LOUIS PARK, MINNESOTA February 17, 1987 1 . Call to Order The meeting was called to order at 7:35 p.m. by Mayor Lyle Hanks. 2. Presentations Resolution 87-14 Edmund T. Montgomery It was moved by Councilman Backes, seconded by Councilman Friedman, to waive reading and adopt Resolution 87-14 entitled, "Resolution extending sympathy to the family of Edmund T. Montgomery." The motion passed 5-0. 3. Roll Call The following Council members were present at roll call : Ronald Backes David Strand Allen Friedman Lyle Hanks Larry Mitchell 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 Strand, seconded by Councilman Mitchell , to approve the minutes of the February 2, 1987 City Council meeting. The motion—passed-5-0. It was moved by Councilman Mitchell , seconded by Councilman Backes, to approve the minutes of the February 9, 1987 study session with the following corrections: pg. 3, second paragraph from the bottom, insert "An effective, meaningful evaluation of policy implementation is also a responsibility of Council ." On the last page, 6th paragraph, insert after the word "delays", "Councilman Mitchell asked if prosecutorial policy would be discussed tonight or at a later date." The motion as amended passed 4-0-1 . Councilman Strand abstained. 5. Approval of agenda It was moved by Councilman Strand, seconded by Councilman Mitchell , to approve the consent agenda for February 17, 1987. The motion passed 5-0. It was moved by Councilman Mitchell , seconded by Councilman Strand, to approve the agenda for February 17, 1987 with the addition of 8g. Cancer surveillance system. The motion passed 5-0. -37- City Council meeting minutes February 17, 1987 PUBLIC HEARINGS 41111 6a. Knollwood Amendment to special permit to construct Resolution 87-15 vehicle storage garage and to expand the food court at Knollwood Mall 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 Backes, seconded by Councilman Mitchell , to waive reading and adopt Resolution 87-15 entitled "Resolution rescinding Resolution No. 86-88 adopted on June 16, 1986 rescinding Resolution No. 85-177 adopted on Oct. 21 , 1985, rescinding Resolution No. 7369 adopted on April 18, 1983, rescinding Resolution No. 7359 adopted on April 4, 1983 amending Resolution No. 7179 adopted on July 19, 1982 amending Resolution No. 6986 adopted on Oct. 19, 1981 amending Resolution No. 6617 adopted on Aug. 28, 1980 amending Resolution No. 6534 adopted on April 7, 1980 amending Resolution No. 6430 adopted on Jan. 2, 1979 amending Resolution No. 6161 adopted on Nov. 6, 1978 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow a shopping center for property zoned PUD, planned unit development district, located at 8020-8440 Hwy. 7." The motion passed 5-0. 41111 6b. Apple Valley Red-E-Mix Interpretation request of Apple Valley Red-E-Mix relative to denial of building permit and certificate of occupancy - to - construct a new concrete ready mix plant A detailed staff report was circulated in Council's packet and provided to the applicant. Jeffrey Stephenson, attorney for Apple Valley Red-E-Mix, addressed the Council . He briefly discussed the minutes of the Board of Zoning Appeals meeting in January. He said AVR disagreed strongly with the statement "The fact of the state of the art ready mix machine was irrelevant." Also, a comment relating to lack of specificity in the site plan had never been raised prior to AVR's appearance before the Board of Zoning Appeals. He said if there were any perceived problem with the site plan, the applicant would--be eager to discuss it with City officials. He said this could not be taken as part of any basis of denial . He said staff had indicated the decision had to be based on the way the ordinance was written. The applicant disagrees with the staff interpretation of the ordinance and he alluded to Sec. 14.102 which states in part that the zoning ordinance is adopted to protect the health, safety and welfare of the citizens of the City of St. Louis Park. He asked what could possibly be more in keeping with those objectives than granting the building permit to construct the facility AVR has proposed for the present site. He said the objection to the height of the structure was also given as a basis of denial . He said the site could be excavated so that the structure would comply with the ordinance, or they had the option of removing the pollution control device which extends 10-15 ft. above the4111 structure. AVR believes that modernization is the best way to recognize its presence in St. Louis Park. It was their position that modernization of a pre-existing non-conforming use is appropriate and there is a volume of legal cases supporting that position. -38- City Council meeting minutes February 17, 1987 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 Strand, seconded by Councilman Mitchell , to authorize preparation of a resolution of denial with findings affirming the denial by the Director of Inspectional Services. The motion passed 4-1 (Councilman Backes opposed) . 6c. Sign variance Variance to permit two real estate signs on rooftops at 4401 and 4501 Park Glen Rd. Lois Bredahl , representing Frantz Klodt & Son developers, addressed Council to speak on behalf of their request. She said they were applying for a variance to permit posting of rooftop signs to advertise their 290-unit apartment building on Park Glen Rd. The Board of Zoning Appeals had denied their request stating it did not meet the criteria for hardship. In Klodt's reading of the ordinance, they feel it is not necessary for them- to demonstrate undue hardship, but the request does fall under the ordinance language of extraordinary or exceptional conditions of the lot which result in peculiar difficulties because it is located on a new road with access from only one direction. Also, the feeder street, Belt Line Blvd. is not yet opened. This, coupled with the presence of what appear to be permanently stored railroad cars) effectively conceal access to the building from Hwy. 7. They were asking I III that the signs be displayed for a period not to exceed one year. Bob Ehrenbergstated it was his understandingthe developer wanted a temporary P P Y roof mounted sign which was acceptable to him. However, if the intent were to amend the ordinance to -permit -roof mounted signs, he was opposed. Mayor Hanks pointed out they were requesting a temporary sign, not an amendment to the sign ordinance. 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 Strand, seconded by Councilman Friedman, to authorize preparation of a tesu1uti-or—of approval with—a—sttprrlatiurr the—sign -be allowed for a period not to exceed one year. Councilman Backes asked--that- --the _ resolution be--specific--i n- why this was being allowed, i .e. note the hardship of getting to the building because of the crossing over the tracks not yet opened and perhaps something specific on the square footage requirements. Councilman Friedman said the variance was agreeable to him especially since 111, the road over the railroad tracks is not yet open which is certainly hindering further development in this area. He agreed that a variance was warranted and agreed with Councilman Backes' suggestion. Mayor Hanks also agreed stating Park Glen Road is a new street in the City, unfamiliar to most residents at this point. -39- City Council meeting minutes February 17, 1987 Councilman Strand asked staff's opinion on how this could be stated so as 4111/ to create the least amount of damage to their interpretation of the ordinance, that is, whether it should be stated as a finding of hardship or whether it should be stated as some other extraordinary condition of the lot that warrants placing the sign in this circumstance. The City Manager said if we include in the resolution the reasons legitimately brought up tonight, that is probably sufficient so that a precedent is not established. The City Manager said with reference to the road over the tracks, the Northwest- ern side is finished; the Soo Line crew is on another job and due back to this job sometime during the next week. Scheduled completion date is April 1987. The motion passed 5-0. REQUESTS, PETITIONS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Liquor license: Hours of operation Second reading of an ordinance Ordinance 1709-87 amendment related to intoxicating liquor hours of operation It was moved by Councilman Strand, seconded by Councilman Backes, to waive reading and adopt Ordinance 1709-87 entitled "An ordinance amending the St. Louis Park ordinance code related to intoxicating- liquor-hours- of—operation amending Section 13-327(1 ) (3) ." The motion passed 5-0. 8b. Flag Ave./Hwy. 18 Study of public need for county Resolution 87-16 owned property at Flag Ave. and Cty. Rd. 18 Councilman Strand asked -that --i-n--oonditi-on---4--af-ter -the -end -of -the _first -I-i-e be added ". . .and the City Council concurs." It was moved by Councilman Strand, seconded by Councilman Friedman, to waive reading and adopt Resolution 87-16 entitled "Resolution declaring City public need for county owned land" as amended. The motion passed 5-0. 8c. Ordinance transferring funds First reading of an ordinance authoriz- ing transfer of funds and providing appropriations for salary adjustments for the year ending Dec. 31 , 4111 1987 It was moved by Councilman Backes, seconded by Councilman Mitchell , to waive first reading, set second reading for March 2, 1987 and authorize summary publication. City Council meeting minutes February 17, 1987 'IP The motion passed 5-0. 8d. MSA street funds Variance from state for additional Resolution 87-17 MSA street maintenance funds It was moved by Councilman Mitchell , seconded by Councilman Strand, to waive reading and adopt Resolution 87-17 entitled "Resolution requesting variance from Minnesota Rules 8820. 1400, subpart 4, to allow the City of St. Louis Park to obtain an amount greater than the established minimum allotment for Municipal State Aid street maintenance." The motion passed 5-0. 8e. 1987 insurance contributions 1987 insurance contributions: Office Resolution 87-18 technical , maintenance and supervisory personnel Councilman Strand said he would abstain from voting on this item as his law firm represents one of the insurance providers. It was moved by Councilman Mitchell , seconded by Councilman Backes, to waive reading and adopt Resolution No. 87-18 entitled "Resolution providing for city participation in premium payments for hospitalization and medical insurance for city employees jointly with Hennepin County." Ilk The motion .assed 4-0-1 (Councilman Strand abstained) . ) 8f. Sick leave incentive program _ Addition to sick leave incentive program The City Manager said Section 4 becomes Section 5 and the following is a new Section 4 - in the ordinance: A-11 permanent hart time employees who are not covered by labor contracts and who are not eligible for the supervisory benefit package shall be covered in the program on a pro rata basis." It was moved by Councilman Mitchell , seconded by Councilman Strand, to waive first reading, set second reading for March 2, 1987 and authorize summary publication. The motion passed 5-0. 8g. State-wide cancer surveillance system It was moved by Councilman Resolution 87-19 Mitchell , seconded by Councilman --Friedman, - --to waive reading and adopt Resolution 87-19 entitled "Resolution supporting establishment of a state-wide cancer surveillance system." The motion passed 5-0. IlL REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. CSAH 181W. 22nd noise walls Minutes of neighborhood meeting regarding noise abatement improvements along CSAH 18 at W. 22nd St. -41- City Council meeting minutes February 17, 1987 The minutes were filed by consent. 1111 9b. 1600 block of Quentin Ave. Minutes of neighborhood meeting: 1600 block of Quentin and Princeton Avenues It was moved by Councilman Strand, seconded by Councilman Backes, to accept the report for filing. The motion passed 5-0. 9c. Variance request: Brookside Addition The City Manager said staff had heard from a representative of the property owner that in researching the records, they are now comfortable that they can go ahead with a variance and do not need an extension from the City Council . Thus, it was not necessary for Council to take any action. 9d. Hannon Lake sketch plat Jeff Olsen, representing Shorewood Properties, developer of the parcel , explained the land under consideration was on the southern edge of Lake Hannon. He said they have discussed two items with staff: (1 ) platting of the property, i .e. the two lots on the south westerly edge; and (2) the landlocked parcel to the east. He said there was evidently no problem with the development to the west; however, there is an accessibility , problem with the landlocked parcel to the east. They were requesting two things this evening: (1 ) to speed along the normal process for the preliminary plat of the two lots along the west side; and (2) to find out from Council what they would prefer to see done with the easterly property. They asked that the question -of -access tie -put aside for the time being until some decision is made as to what type of development the City would want to see go in there. In answer to a request from Council , the Director of Planning displayed an overhead and described what the area looks like. It was his understanding the applicant had an option to purchase the easterly parcel . He pointed out this parcel was very restricted: the floodplain extends right up into the railroad right of way, the slope was extremely steep, the area heavily wooded. He said -that- because—of --the -mss-s-urr i-ng -t-his area, -such as the access problem, the floodplain questions, the steepness of the slope and other factors, staff had made the concept plan a public process to get the neighborhood, the Planning__Commission __and ultimately the Council involved. In a more conventional development, he stated a concept plan is a staff function in terms of working out details with the developer. Mayor Hanks asked if access to the lots would be via an extension of 28th St. , to which the Director replied it would. Councilman Strand asked the Director to elaborate on the floodplain considera- tions mentioned in staff's report. 4111 The Director indicated on the overhead that the development would be into the floodplain causing problems. Also, any development would be into the railroad right of way. The engineering of a project on such a steep slope -42- City Council meeting minutes February 17, 1987 would be quite a challenge. It would also be very costly to extend a roadway to the property. Councilman Strand asked about extending the roadway to the properties on the west end. The Director responded the considerations would essentially be a lot less as the railroad would not have to be involved and the steepness of the slope would not be a consideration. He said one problem would be situating any house within the setback requirements. Dave Hansing, consulting engineer on the project, commented on the work done to date on the house on the westerly lot. He said the applicant is anxious to get the home on the market, thus the request for preliminary plat approval , with final plat approval to come at a later date after the questions of setback, grading and drainage have been addressed. As to the easterly parcel , he said the neighborhood was unanimously opposed to the development on the easterly lot. They were not sure of the official city position on this parcel , and that was what they were seeking this evening. He said in order to secure access from Boone Court would mean buying out one of the homes in order to make a connection. At this point, he said they were figuring on eight units on the lot. Nelson Berg, attorney, appeared as a spokesperson for the neighborhood residents who are concerned about the impact of this proposal on their property and neighborhood. He addressed briefly the concerns of the neighbor- hood: access to the parcel , increased traffic, and the neighborhood's desire to have the property maintained as open space. He alluded to specifics of the City's ordinance as well as floodplain requirements, suggesting that they would not be met by development on this parcel . Milton Hilk, 2505 Boone Ave. -So. , spoke on behalf of Westwood Lutheran Church expressing the church's opposition to any development on the easterly parcel . Gary Lindgren, president of Shorewood Investments, addressed the Council . He said he was asking whether or not the City wanted the easterly parcel developed. If not, he would not spend any more time or money on proposed development. Linda Beckman, 8711 Boone Ct. , pied -for no development, c ting The number of children in the neighborhood and the undesirability of any increased traffic. Mayor Hanks asked at what stage were the westerly lots. The Planning Director replied they were at the concept stage because the City has not formally accepted an application. He said it was felt this discussion was pertinent first and secondly, to consider a preliminary 111/ plat, there must be a public hearing called. Councilman Strand said this lot was not unlike many lots sprinkled throughout the City that are tucked away and not really developable. He felt the -43- City Council meeting minutes February 17, 1987 challenge facing the City is to maintain the integrity of the neighborhoods 41111 and in order to do so, some areas must remain as open space. He could not see how development could take place on the easterly parcel without damaging the integrity of that neighborhood, and for that reason he would oppose any attempt to develop that parcel . As to the westerly portion, it seemed too early to know of problems that might have to be overcome. However, he was willing to look at those as they come up with an open mind. It was moved by Councilman Mitchell , seconded by Councilman Friedman, to concur with the two motions made by the Planning Commission: (1 ) that the Planning Commission not consider the easterly part of the proposal because the ownership of the easterly parcel is not held by the applicant - and the cluster concept is inappropriate to the site; and (2) that the Planning Commission give concept approval to the two lots on the westerly parcel consistent with all applicable City ordinances, that the subdivider provide a 20 ft. drainage and utility easement as agreed to -by staff and that a dedication for open space be shown. Councilman Backes said he would not be in favor of a condemnation proceeding as had been noted in the letter from Westwood Lutheran Church in order to provide access to the site and asked that this be referenced in the motion. This was agreeable to Councilmen Mitchell and Friedman. Councilman Strand wanted to make it clear to the developer that it's not just the concept before Council that is inappropriate; rather, any developmentfit , of the easterly parcel given the difficulties presented tonight is inappropriate be it cluster type development or some other concept. The motion passed 5-0. 9e. Recycling contract Change order to recycling contract 1744 It was moved by Councilman Mitchell , seconded by Councilman Strand, to terminate contract No. 1744 for recycling service effective Feb. 28, 1987 and to authorize staff to enter into a contract with Super Cycle effective Mar. 1 , 1987 through Feb. 28, 1990 and to direct staff to continue research toward development of a new proposal for yard waste collection. Councilman Strand alluded to the second paragraph in the report and asked what were recent developments. The City Manager responded that when staff first talked to Super Cycle, no other companies were interested. Now, two of the major refuse haulers have realized that perhaps there is some benefit here in terms of cutting down their own costs. Staff believes it might be premature to negotiate with just one supplier at this point. Councilman Strand asked if there was any provision for expansion of the multifamily recycling program. The City Manager said that's why they were suggesting a change at this time. If a decision is made to expand the program, the City won't have to go through the change order process. 4111 The motion passed 5-0 -44- City Council meeting minutes February 17, 1987 11111 9f. Traffic signal : Louisiana/27th Preliminary engineering report: Project 87-30: Traffic signal , Louisiana Ave./27th St. It was moved by Councilman Mitchell , seconded by Councilman Backes, to approve the preliminary engineering report and direct staff to solicit proposals from consultants and report back to Council . The motion passed 5-0. 9g. Demolition of home Request for demolition of City-owned house at 3108 Louisiana Ave. It was moved by Councilman Backes, seconded . byCouncilman Friedman, to authorize demolition of the structure at 3108 Louisiana Ave. The motion passed 5-0. 9h. Sale of Louisiana Ave. homes It was moved by Councilman Mitchell , seconded by Councilman Strand to accept the memorandum of agreement, direct the City Manager to develop procedures for administering the escrow program for March 16, 1987, waive first reading 1111 and set second reading of the ordinance for March 2, 1987 and authorize summary publication. Councilman Mitchell asked to amend item e.-that no more than 25% of the escrow amount could be used in a one-year period. He felt if all the escrow were spent in one year, it's conceivable some one could find a way to use it all in one _year_,__turn around at the end of the second year on an assumption, get out and take the profit. He felt the escrow needed to be set up over a period of time to creat the incentive to maintain the occupancy and hold the value for that period. The City Manager said that after more thought on the subject, is if you limit the 25%, the percent of participation from the fund would probably have to be a little higher than 50-50. For example, if someone wanted to do an improvement in one year, you might have 75% participation from the escrow not to exceed 25% of the total amount in escrow from that particular sale. Councilman Mitchell said his concern is that you have incentive for the third and fourth year. If there was an assumption,—there-would-be encouragement for occupancy for the third and fourth year. If that was also staff's understanding, it was not necessary to amend the agreement. The motion passed 5-0. 110 9i . Finance report 9j. Cable TV Advisory Commission minutes 9k. HRA minutes 91 . Planning Commission minutes 9m. Streets & Highways minutes All minutes were ordered filed by consent. -45- City Council meeting minutes February 17, 1987 UNFINISHED BUSINESS 41111) 10a. Boards and Commissions Council made the following appointments to the House Doctor Program board: Lorene Lehman, Art Rafshol , Bruce Brottlund, Jo Provo and Don Lindstrom. It was moved by Councilman Strand, seconded by Councilman Backes, that those five individuals be appointed. The motion passed 5-0. 10b. Emergency response systems Councilman Friedman alluded to the report from staff on the types of emergency response systems available. They were not exactly the type of systems he had in mind. He said he would bring information to the Mar. 2, 1987 meeting about programs in other municipalities that are more direct in the way the elderly and handicapped can participate with city assistance. NEW BUSINESS Ila. Gambling licenses A request from the Jewish Community Center for renewal of its gambling license was approved by consent. MISCELLANEOUS 12a. Claims Sirois vs. City The claim was referred to the City Clerk and City Attorney. 12b. Communications from the Mayor Mayor Hanks said he would like to spend one-half hour after the meeting to discuss the City Manager's work program. 12c. Communications from City Manager The City Manager said if any 1--members--wished —to—speak to the Park and Recreation consultants, and they were encouraged to do so, they could feel___fr_ee _to___cal l__them__tomorrow or staff will coordinate a meeting. Also, the consultants would be happy to come to any Council members' office. The City Manager said he was looking for Council 's thoughts on the governance seminar with John Carver as well as responses to the memo on strategic planning. The Mayor asked that the Metropolitan Airport Sound Abatement Council interviews be scheduled prior to the March 2 meeting. 4111 A study session agenda for February 23 was discussed. -46- City Council meeting minutes February 17, 1987 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Backes, seconded by Councilman Strand, that the verified claims dated February 17, 1987 prepared by the Director of Finance in the amount of $432,081 .79 for vendor claims and $10,012.39 for payroll claims be approved and that the City Manager and City Treasurer be authorized to distribute checks in the appropriate amounts. The motion passed 5-0. , 13b. Contract payments 1 . Partial payment CrowleyCo. , Contract 1772, Amount: $21 ,915.00 It was moved by Councilman Backes, seconded by Councilman Mitchell to authorize payment. The motion passed 5-0. 14. Adjournment It was moved by Councilman Friedman seconded by Councilman Mitchell , to adjourn the meeting at 9:22 p.m. 11 The motion passed 5-0. , 44-44) , Mayor R cording ecretary i 11110 , -47-