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HomeMy WebLinkAbout1987/04/20 - ADMIN - Minutes - City Council - Regular • MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 20, 1987 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations The Mayor presented proclamations establish- ing VFW Buddy Poppy Day and Arbor Month. 3. Roll Call The following members were present at roll call : Ronald Backes Keith Meland Thomas Duffy David Strand 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 Councilman Backes, seconded by Councilman Strand, to approve the minutes of the April 6, 1987 meeting. 110 The motion passed 5-0. It was moved by Councilman Duffy, seconded by Councilman Strand, to approve the minutes of the April 6, 1987 study session. The motion passed 5-0. 5. Approval of Agenda It was moved by Councilman Meland, seconded by Councilman Strand, to approve the consent agenda for April 20, 1987. The motion passed 5-0. It was moved by Councilman Meland, seconded by Councilman Strand, to approve the agenda for April 20, 1987 with the following additions: lla. House Doctor program and llb. Capital Improvement Program and that the Indihar settlement be added to the claims list. The motion passed 5-0. PUBLIC HEARINGS 6a. Tamarack Materials Amendment to special permit for an open Resolution 87-43 sale and rental lot for motor vehicles and a contractor' s yard at 2231-2239 Edgewood Ave. So. Leland Gottstein, applicant, was present to answer questions. Councilman Backes asked if the conditions of the amendment were acceptable to him with the elimination of plastic strips from the fencing. -78- • City Council minutes April 20, 1987 Mr. Gottstein said that was correct. 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 Meland, to waive reading and adopt Resolution 87-43 entitled "A resolution rescinding Resolution No. 84-194 adopted on Nov. 19, 1984 and granting special permit under Section 14-171 of the St. Louis Park Ordinance Code relating to zoning to allow an open sale and rental lot for motor vehicles and a contractor's yard for property located in the 1-1 , industrial district, at 2231-2239 Edgewood Ave. So." as amended. The motion passed 5-0. 6b. Alley vacation First reading of an ordinance vacating a dead-end alley between Alabama and Brunswick Avenues and between 37th St. and Railroad Ave. 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 Strand, seconded by Councilman Duffy, to waive first reading, set second reading for May 4, 1987 and authorize summary publication. 41111 The motion passed 5-0. 6c. Richatti Investment Amendment to special permit to permit Resolution 87-44 site improvements at 7201 W. Lake 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 Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-44 entitled "A resolution rescinding Resolution 87-8 adopted on Feb. 2, 1987 granting special permit under Section 14-123.100 of the St. Louis Park Ordinance Code relating to zoning to allow filling and grading in the flood plain on property located in the 1-1 industrial district and F-2 flood plain district at 7201 W. Lake St." The motion passed 5-0. 6d. Vacation: Colorado Ave. First reading of an ordinance vacating a portion of Colorado Ave. north of W. Lake 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 Councilman Duffy, seconded by Councilman Backes, to waive first reading, set second reading for May 4, 1987 and authorize summary publication. -79- City Council meeting minutes Ill' April 20, 1987 The motion passed 5-0. 6e. McDonald's Amendment to special permit to expand the site and include a drive-through facility at 6320 W. Lake St. 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 Councilman Strand, seconded by Councilman Meland, to defer this item to May 4, 1987. The motion passed 5-0. 6f. Methodist Hospital Amendment to special permit to permit Resolution 87-45 an enclosure for a mobile magnetic resonance unit at 6500 Excelsior Blvd. 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. b It was moved by Councilman Duffy, seconded by Councilman Strand, to waive reading and adopt Resolution 87-45 entitled "A resolution rescinding Resolution 86-183 adopted on October 20, 1986, rescinding Resolution 86-63 adopted on May 19, 1986, rescinding Resolution 7445 adopted on August 15, 1983, rescinding Resolution 7254 adopted on October 4, 1982 and granting special permit under Section 14-123.100(2) and 14-141 (3) of the St. Louis Park Ordinance Code relating to zoning to allow construction of an addition and to amend the site plan by removal of a previously approved addition at 6500 Excelsior Blvd." The motion passed 5-0. 6g. Special permit: MSC Special permit for a building addition Resolution 87-46 at 7305 Oxford St. 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 Councilman Meland, seconded by Councilman Strand, to waive reading and adopt Resolution 87-46 entitled "A resolution granting special permit under Sections 14-123. 100(2) and 14-171 (6) (3) of the St. Louis Park Ordinance Code relating to zoning to permit a contractor' s yard and building addition within 200 ft. of the F-1 floodway district for property zoned I-1 , industrial District and F-2 flood plain district located at 7305 Oxford St." The motion passed 5-0. 11110 6h. Shorewood First Addition Preliminary plat: Shorewood First Addition 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. City Council meeting minutes April 20, 1987 41111 It was moved by Councilman Meland, seconded by Councilman Backes, to approve the preliminary plat. Councilman Strand asked if there would be any cost to the City in providing access to this property. The City Manager responded there would not as these costs would be borne entirely by the developer. The motion passed 5-0. 6i . Lone Star Addition Preliminary plat: Lone Star Addition 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 Duffy, seconded by Councilman Meland, to approve the preliminary plat. The motion passed 4-1 (Councilman Strand opposed) . 6j. Variance: 3870 Yosemite Variance in lot area and front yard setback at 3870 Yosemite Ave. So. _ Mr. Hall , the applicant, explained why he was seeking a variance. The Planner showed an overhead of the subject property, noting that the proposed house would be jutting out in front significantly in relation to other properties on the block. Dave Bannick, the builder, spoke in favor of the proposed home. Harvey Ginsberg, 5824 W. 39th St. , stated that given the size of the lot, the proposals; not in keeping with the appearance of the neighborhood, especially since no garage was planned. Steve Smith, 3864 Yosemite, said the proposal violates the integrity of the block as it was planned. Also, a beautiful tree on the property would have to be removed. He felt it would put houses too close together. David Craft, the next door neighbor, said the house would come as far as his bathroom window, completely blocking any view. He said it seemed the yard would calculate out at less than 20 feet and with no garage planned, the occupants would be parking in the street. 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 Councilman Strand, seconded by Councilman Backes, to authorize preparation of a resolution of denial with findings. Councilman Strand explained to Mr. Hall that he was appreciative of the time, effort and money he had invested in this process, but it appeared the lot was just too small to accommodate what he had planned. The motion passed 5-0. -81- City Council meeting minutes April 20, 1987 fp 6k. Home Rule Charter First reading of an ordinance amending the Home Rule Charter as described in Notice of Hearing published - April 6 and 13, 1987 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 Meland, seconded by Councilman Strand, to waive first reading, set second reading for May 4, 1987 and authorize summary publication. The motion passed 5-0. REQUESTS, PETITIONS, COMMUNICATIONS 7a. Southwest Exchange Club Gambling license It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the license application. The motion passed 4-1 (Councilman Strand opposed) . 7b. A-ABCO Sandblasting Special permit request Mr. Kemna, the applicant, was present to answer Council 's questions. It was pointed out to Mr. Kemna that it was in violation of City ordinances for the Council to approve this request for construction of a silo to store sand. The request would first have to go through the Planning Commission process. It was moved by Councilman Meland, seconded by Councilman Duffy, to refer the matter to the Planning Commission. The motion passed 4-0-1 (Councilman Strand abstained) . 7c. Variance request: Strand Request for lot variance Mrs. Strand was requesting help in obtaining a variance on her lots at 2708 and 2712 Vernon Ave. She alluded to erroneous information contained in her earlier request and that the report before Council contained correct facts. Councilman Strand asked how many times her request had been before Council ; the Mayor said counting tonight, three. Councilman Strand said he didn't believe there was any new information before the Council that would warrant changing their minds from previous action. 11110 It was moved by Councilman Meland, seconded by Councilman Backes, that the matter be referred to the City Attorney. The motion passed 4-1 (Councilman Strand opposed) . -82- City Council meeting minutes April 20, 1987 RESOLUTIONS AND ORDINANCES 111 8a. Naming Belt Line Blvd. Second reading of an ordinance Ordinance No. 1715-87 renaming Belt Line Blvd. It was moved by Councilman Backes, seconded by Councilman Duffy, to waive second reading and adopt Ordinance No. 1715-87 entitled "Ordinance designating public right-of-way as Belt Line Boulevard." The motion passed 5-0. 8b. Byerly's special permit Amendment to special permit: Resolution 87-47 Byerly' s Mr. Poffenberger, representing Byerly' s, said the design of the entrance is fine with them; however, the landscaping needs modification. He said they were unable to accept the landscaping plan as it requires placement of sod in an area they can't get water to. They would prefer planting trees where the sod is indicated. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-47 entitled "A resolution rescinding Resolution No. 6533 adopted on April 7, 1980, amending Resolution No. 6360 adopted on Sept. 17, 1979, amending Resolution 6214 adopted on Feb. 5, 1979 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow a retail shopping center for property located in the PUD, Planned Unit Development district at 3755 Park Center Blvd." 4111 The motion passed 5-0. Councilman Backes felt there should be a modification to paragraph 3 of the resolution in light of Mr. Poffenberger's concerns. It was moved by Councilman Backes, seconded by Councilman Meland, that the landscaping as depicted in the exhibit be looked at by both staff and Byerly's to come up with a design amenable to both and then brought back to Council . The motion passed 5-0. 8c. No smoking: Rec Center Resolution re proposed no smoking Resolution 87-48 policy at the Recreation Center It was moved by Councilman Duffy, seconded by Councilman Strand, to waive reading and adopt Resolution 87-48 entitled "A resolution to prohibit smoking at the St. Louis Park Recreation Center." The motion passed 5-0. 8d. UltiMap Resolution re UltiMap Resolution 87-49 41/1/ The City Manager brieflydescribed the UltiMap program. -83- City Council meeting minutes April 20, 1987 Councilman Backes said it seemed this was suggesting additional kinds of work as opposed to time saving. The City Manager responded it was actually just the opposite. He said staff will be able to do the work in one place instead of having it spread all over the area. No additional staff people will be added as current staff will be trained on the program. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-49 entitled "A resolution of agreement with confidentiality/non-disclosure requirements for the use of UltiMap." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Bond issue advisors 1987 City bond issue financial advisors Termination of Miller & Schroeder as financial advisors for_ the 1987 bond issue was directed by consent. 9b. Prosecuting attorney's report An update on the activities of the City's prosecuting 'attorney 110 was ordered filed by consent. 9c. Comparable worth It was moved by Councilman Meland, seconded by Councilman Strand, to direct the City Manager to implement the appropriate salary adjustments. The motion passed 5-0. 9d. Time transfer station Communication from Planning Commission re time transfer station. The communication was ordered filed by consent. 9e. Excelsior Blvd. area Excelsior Blvd. redevelopment district: Acquisition of property Councilman Backes said that the developer's architects were present as well as the HRA's attorney. Councilman Strand asked what the HRA has done since Council last met re expediting the sending of condemnation notices. Councilman Backes said the Authority was meeting the next evening and will be considering resolutions to that effect. He said the Authority 1111/ was awaiting the conclusion of the environmental awareness worksheet (EAW) period prior to taking any action on condemnation. The ending date is June 3. Jim Steilen, Authority attorney, said there were two lines of thought: The first critical issue is regulations existing at the State level pro- hibiting the Authority from taking any final action before completion of the EAW process. There is not a crystal clear definition of "final action." He said he had advised the Authority that it is appropriate from41111 a legal standpoint to hold off on the displacement of businesses and people and getting involved in a large financial commitment until the environmental process is completed. The second line of thinking has to do with the financial stability of the project, i .e. the contract is set up in a way that assures the Authority that the developer has a stable, financed project before the Authority get emeshed in what would be $5-$7 million in acquisition costs. He said this requires very firm financial commitments from lending institutions. Thus, the contract states the Authority is not permitted ' to proceed with condemnation proceedings until such time as financing is firmly in place. Councilman Strand asked that if something were found to be amiss in the EAW, could the development plans be adjusted but have no effect on whether properties were condemned or not. Mr. Steilen responded the question will always be are the adjustments going to be acceptable to the developer and the lender. Mr. Katter, representing the developer, spoke to the issue of delays, pointing out that their efforts have been as thorough to explore all aspects of the EAW. He stated that the traffic situation has changed with the Excelsior/Hwy. 100 area improvements, affecting a good deal of change ' in the previous traffic patterns. He said the traffic design for the project ,has already been redone to reflect new information from the traffic studies conducted. 1111/ Mayor Hanks asked how quickly a property owner is released once condemnation commences. Mr. Katter said that really depends on the various leases and their provisions. He said ordinarily most leases terminate when the condemning authority takes possession of the property. Mayor Hanks said what if all were in place to proceed on June 9, condemnations are issued - when would the real estate be taken over. Mr. Katter responded if it were a negotiated condemnation, possibly two to three weeks. If it were contested, he would assume the Authority would invoke the quick take procedure that is provided for in State Statutes. In that event, the timeframe is probably 120 days. Mayor Hanks asked on what date would certification of the EAW occur and then are there 30 days beyond that for public comment. The Executive Director responded certification was expected the next evening at the HRA meeting. The 30-day period commences upon publication of a press release in the EQB Monitor. He said a public informational meeting has tentatively been scheduled for May 12. r Mr. Katter said they will continue to talk diligently to those landowners who will talk to them and if they can agree on a price, they the property 41/11 owner can go to their tenants. -85- City Council meeting minutes April 20, 1987 1111 Phil Eder, owner of the Leaning Post, expressed his disappointment in the entire process, especially his difficulty in getting anyone involved to explain to him the criterion for proceeding with the project rested on completion of the EAW. He felt many people had the expectation of the project moving faster ahead. 9f. Traffic study 367 Parking restrictions, 8400 block lesolution 87-42 of 31st St. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-42 entitled "Resolution ordering the placement of traffic control signs on W. 31st St. from Xylon Ave. to the east driveway of Aquila Elementary School ." The motion passed 5-0. 9g. PER: paving on Idaho Preliminary engineering report: Project Minnetonks to W. 29th 87-08 It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the preliminary engineering report, set a public hearing for May 18, 1987 and direct staff to hold an informational meeting with the affected property owners. The motion passed 5-0. 9h. PER: paving of Natchez Preliminary engineering report: Project 87-06, paving of Natchez from Minnetonka to W. 29th St. It was moved by Councilman Duffy, seconded by Councilman Meland, to accept the preliminary engineering report, set a public hearing for May 18, 1987 and direct staff to hold an informational meeting with the affected property owners. The motion passed 5-0. 9i . Remedial Action Plan Third quarter progress report Report ordered filed by consent. 9j. Board of Zoning Appeals minutes 9j. Planning Commission minutes 91 . Financial report March 1987 Ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilman Meland, seconded by Councilman Duffy, to appoint Lorene Lehman to three-year term on the Board of 7onind Appeal , . The ino'tion passed 5-0. City Council meeting minutes April 20, 1987 NEW BUSINESS lla. House Doctor program It was moved by Councilman Meland, 41111 seconded by Councilman Duffy, to approve the list of activities as recommended by the directors of the House Doctor program. The motion passed 5-0. llb. CIP, Resolution 87-42A Capital Improvement Program It was moved by Councilman Meland, seconded by Councilman Backes, to approve the Capital Improvement Program for 1987-88 and to include a revision approving construction of the granular activated carbon treatment plant humidifer during 1987. The motion passed 5-0. MISCELLANEOUS 12a. Claims None 12b. Communication from the Mayor Mayor Hanks reminded Council members interested in attending the League of Minnesota Cities conference in June to make reservations. 12c. Communications from City Manager It was moved by Councilman Meland, seconded by Councilman Backes, to accept the recommendation for settlement by the City Attorney on the PSI litigation. The motion passed 5-0. The City Manager said there would be a study session on April 27. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the list of verified claims prepared by the Director of Finance dated April 20, 1987 in the amount of $397,603.88 for vendor claims and $6,884.36 for payroll claims and authorize the City Manager and City Treasurer to issue checks in the appropriate amounts. The motion passed 5-0. It was directed that settlement of the Indihar claim be added to the claims list. 14. Adjournment The meeting was adjourned at 9:20 on a 5-0 vote. • an( le iRar cording Secretary -87-