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HomeMy WebLinkAbout1988/10/17 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING / 1111 ST. LOUIS PARK, MN October 17, 1988 , 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 Councilmembers were present at roll call : Bruce Battaglia Larry Mitchell Thomas Duffy David Strand ' Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Acting Director of Planning and the Public Works Director. 4. Approval of minutes It was moved by Councilmember Strand, seconded by Councilmember Mitchell , that the minutes of the October 3, 1988 meeting be approved. 4111 The motion passed 6-0. It was moved by Councilmember Duffy; seconded by Councilmember Battaglia, to approve the minutes of the study session held October 10, 1988. The motion passed 6-0. 5. Approvalof agenda it was moved by Councilmember Battaglia, seconded by Councilmember Strand, to approve the consent agenda. The motion passed 6-0. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve Lhe evening's agenda with the addition of item lla. Compensation for the Economic Development Authority. The motion passed 6-0. PUBLIC HEARINGS 6a. Vacation Request to vacate a portion of W. 38th St. west of Princeton Ave. There being no one wishing to speak, the Mayor declared the hearing closed with 41/ the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to authorize preparation of an ordinance approving partial vacation incorporating option 1. The motion passed 6-0. -204- City Council meeting minutes October 17, 1988 6b. Request for variance Side yard setback: 4225 W. 25th St. The applicant, Robert Levine, said he was suffering financially as far as the sale of his house was concerned because it presently has a one-car garage. He wishes the variance to expand it to hold two cars. 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, secondeo by Councilmember Mitchell , to authorize preparation of a resolution of approval . Councilmember Meland noted that this was the sort of approval Council has granted in the past. He also said that Mr. Levine's neighbor had no objection to the variance. The motion passed 6-0. 5c. Variance Front yard setback at 4440 W. 25th Mayor Hanks said this request had been withdrawn. He closed the public hearing; no action was required. 6d. Variance request Front yard setback and to permit parking in front yard setback at 2736 Alabama Ave. 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 Meland, seconded by Councilmember Duffy, to waive reading and adopt resolution. Mayor Hanks wondered if there had been contact with the applicant re landscaping plans. The Acting Planning Director said there had been discussion prior to the Board of Zoning Appeals meeting and he has been sent a letter asking that he come in to City Hall to discuss this. Mayor Hanks asked that once the variance is granted, does the City have any hold on him re implementing landscaping. The Acting Planning Director said it would be subject to enforcement as any other provision of the zoning ordinance. A typical enforcement procedure might involve a ticket. Councilmember Strand said his preference would be for this matter to be continued until, there actually was a completed landscaping plan. Councilmember Meland moved and Councilmember Strand seconded to continue the public hearing to November 7 and that a landscaping plan be available by that time. The motion passed 6-0. -205- City Council meeting minutes Oct. 17, 1988 1111 PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Vacation of utility easement 5051 Hwy. 7 Ordinance No. 1766-88 It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive reading and adopt Ordinance 1766-88 entitled, "An ordinance vacating a utility easement." i The motion passed 6-0. 8b. Amendment to PUD Landscaping at 2925 Monterey Ave. Ordinance 1767-88 It was moved by Councilman Duffy, seconded by Councilmember Strand, to waive reading and adopt Ordinance No. 1767-88 entitled "An ordinance amending the St. Louis Park Ordinance Code changing the land use designation within a PUD zoning district at 2925 Monterey Ave." 4111 The motion passed 6-0. 8c. Minnesota Cellular Telephone - Tom Peterson addressed Council to once again voice his objections to the tower. He noted a discrepancy between the address on the building permit and the address of the property proposed to hold the tower. It was his opinion the building permit was thus invalid. He reported on other cities who have located similar transmitter towers atop of water towers. Tim Keane, representing the applicant, said he was available to answer questions. Councilmember Strand asked if Minnesota Cellular had given any thought to placing the antenna atop a water tower. Mr. Keane called upon Brian Gunnerson who said they had looked at placing an antenna on a water tower. He said they were refused by City staff. He said they had used water towers in other communities. Councilmember Strand had some questions re the building permit. He wanted to review it before Minnesota Cellular goes forward. His concerns centered around the proposed width of the tower, the floor area ratio and the setback requirements. 41/ Mayor Hanks agreed that those items should be clarified before allowing Minnesota Cellular to proceed. The Assistant City Manager said that plans were submitted to the Inspections department and on advice from the City Attorney's office, those plans were consistent with the zoning ordinance and a permit was issued. -206- City Council meeting minutes October 17, 1988 She said staff would review the concerns as brought up that evening. Ilt Councilmember Strand asked if there were a means of revoking the building permit at this time until those questions were answered. The City Manager asked the City Attorney if a building permit issued to the wrong address was not invalid. The City Attorney asked if the Council would not prefer to discuss this in executive session. It was moved by Councilmember Mitchell , seconded by Councilmember Strand to defer the item to executive session after other agenda items had been addressed. The motion passed 6-0. Mrs. Maxene Robbins expressed her opinion that this structure was not wanted by the neighborhood. Alluding to Mr. Peterson's concerns about overall City zoning, Councilmember Battaglia noted that the whole overall zoning issue of powers in general has been referred to the Planning Commission for study. 8d. 1988-89 budget Second reading of an ordinance Ordinance No. 1768-88 approving the revised 1988 budget and the proposed 1989 budget It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1768-88 entitled "An ordinance adopting the budget for the fiscal year 1989 and amending the 1988 budget as adopted by Ordinance 1724-87 and amended by Ordinance 1732-88." The motion passed 6-0-1 (Councilmember Strand opposed) . 8e. 49er contract First reading of an ordinance transferring funds for the 49er contract It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to waive first reading, set second reading for November 7, 1988 and authorize summary publication. The motion passed 6-0. 8f. Street lighting assessment policy Assessment policy for petitioned Resolution 88-152 residential street lighting projects It was moved by Councilmember Battaglia, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-152 entitled "A resolution amending Resolution No. 88-41 establishing assessment policies for improvement projects." The motion passed 5-1 (Councilmember Meland opposed) . -207- City Council meeting minutes October 17, 1988 4111 8g. MnDOT Resolution 88-153 Interagency agreement It was moved by Councilmember Duffy, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-153 entitled "Resolution authorizing interagency Agreement No. 65200M with the Minnesota Department of Transportation providing for the installation, operation and maintenance of traffic control signal installations along I-394." The motion passed 6-0. 8h. Oakmont Place project Extension Resolution 88-154 It was moved by Councilmember Duffy, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-154 entitled "Resolution authorizing the execution and delivery of an extension with respect to the City of St. Louis Park, Minnesota $8,715,000 Multifamily Housing Revenue Refunding Bonds (Oakmont Place Project) . The motion passed 5-1 (Councilmember Meland opposed) . 8i . Federation Addition bond release By consent, motion to waive reading Resolution 88-155 and adopt Resolution 88-155 entitled 4111 "Resolution accepting completion and authorizing release of bond for the Federation Addition. " 8j. Cooperative agreement: MnDOT It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-156 entitled "Resolution authorizing execution of cooperative construction Agreement No. 65223 with the Minnesota Department of Transportation to provide for improvements related to the construction of 1-394." The motion passed 6-0. 8k. Final plat: Monterey Park The Assistant City Manager said Resolution 88-157 the City Attorney's office had pointed out some difficulties which had come up in reviewing the final plat relative to recording of deeds that would affect the final plat. The problems had not been resolved by that evening. Jeff Lindgren, of the survey company preparing the plat, said the title insurance company said they would be able to provide the necessary title insurance and recommended the City be asked to approve the plat conditional upon receiving the title insurance. The City Attorney felt the Council could proceed with final plat approval 41/1 conditional not only upon receipt of the title policy but such other evidence as the City Attorney should deem appropriate so the City can be assured that the dedications to the public are valid. -208- City Council meeting minutes October 17, 1988 It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-157 entitled "Resolution giving approval for final plat of Monterey Park" with the following conditions: receipt of title insurance and receipt of further evidence that the title is deemed approp- riate by the City Attorney. The motion passed 5-1 (Mayor Hanks opposed) . 81 . On the Avenue Final plat Resolution 88-159 It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-159 entitled "Resolution giving approval for final plat of On the Avenue." The motion passed 6-0. 8m. On the Avenue Street vacation and subdivision Resolution 88-158 agreement It was moved by Councilmember Duffy, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-158 entitled "Resolution authorizing execution of a street vacation agreement and an agreement for furnishing subdivisio improvements for On the Avenue." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Hausken Addition Bond reduction Resolution 88-160 By consent, motion to waive reading and adopt Resolution 88-160: Resolution retaining $300 for tree planting)releasing bond and accepting improvements." 9b. Traffic study: 393 Parking restrictions on east side Resolution 88-160 of the 3300 block of Dakota Ave. By consent, motion to waive reading and adopt Resolution 88-160 entitled "Resolution replacing parking restrictions on the east side of Dakota Ave. from W. 33rd St. south to the north side of the driveway of 3345 Dakota Ave." 9c. Study of public need Tax-forfeited land at 3459 Utica Ave. Tim Keane, 7900 Xerxes Ave. , noted that in 1981 a question arose if the 20-ft. strip of land in question might be retained for purposes of light rail right-of-way. He said the Hennepin County Railroad Authority has determined they have no need for this out lot and took no objection to the return of this tax-forfeit parcel to private use. He said the City had indicated it had several options for use of the parcel . He was proposing a meeting between himself, the City, Wilkins Pontiac and the Hennepin Railroad Authority to determine if there is a public need. His client would ask the opportunity to have a close look -209- City Council meeting minutes October 17, 1988 1111 at the property after such a meeting, and to that extent he was asking the matter be deferred to November 21 . It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to defer the matter to November 21 , 1988. The motion passed 6-0. 9d. Community Energy Council Extension of program By consent, motion to direct the Mayor and City Manager to execute an agreement with Northern States Power for the extension of the Home Energy Checkup Program. 9e. MEPC It was moved by Councilmember Meland, seconded by Council- member Duffy, that the matter be referred to a study session. The motion passed 6-0. UNFINISHED BUSINESS 10a. Boards and Commission Mayor Hanks directed that a letter of thanks be 4111 sent to Alice-Jean McFarlin for her many years of service on the Cable TV Advisory Commission. Councilmember Battaglia asked for an update on vacancies on all boards and commissions. NEW BUSINESS lla. Compensation: EDA It was moved by Councilmember Meland, seconded by Council- member Mitchell that effective October 1 , 1988 each member of the Economic Development Authority receive $100 per month in compensation and that the president receive $150 per month. The motion passed 6-0. MISCELLANEOUS 12a. Claims Dana Jackson Richard and Joan Carpenter By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks was informed 41// by MEPC that their materials were ready for presentation which would require about one-half hour. -210- City Council meeting minutes October 17, 1988 Councilmember Strand said he would prefer the item to be aired at a public meeting rather then in a study session. Then if there were elements to be carried over because of time constraints, those could be taken up in a study session. Council left the chambers to meet in executive session relative to Minnesota Cellular Telephone. Upon its return to chambers, Tim Keane, attorney for Minnesota Cellular, requested that as an alternative to Council taking action at that meeting, considerdeferrirtdthe matter tot ember 7 City Council meeting and in the interim give staff and the applicant7to look at the water tower alternative. He said the applicant would agree not to undertake any construction at the present site. The applicant will also consider looking at other reasonable alternatives. It was moved by Councilmember Strand, seconded by Councilmember Duffy, for staff to work with the applicant to explore suitable alternatives and report back to Council on November 7. The motion passed 6-0. MEPC Representatives from MEPC set up a display showing the proposed parking ramp and related elements for its proposal on Gamble Drive. - Basically, MnDOT' s taking of their property for Hwy. 100/I-394 construction means MEPC will be losing 289 existing parking spaces. Councilmember Battaglia asked if any studies had been done on what effect this project would have on Cedar Lake Rd. and surrounding streets. Mr. Sellergren, for MEPC, said they have Barton-Ashman Associates analyze the impact on Parkdale. They have not had Cedar Lake Rd. analyzed. They offered to do so if Council so wished. Councilmember Battaglia's concern was for the future should there be no easy access from Parkdale getting onto Hwy. 100 with spillage over onto Cedar Lake Rd. Mr. Sellergren said they would certainly look at that. In answer to a question from the Mayor, Mr. Sellergren said it was his understanding start of construction on the parking ramp would commence prior to the end of the moratorium. 12b. Communications from Mayor Mayor Hanks thanked the Assistant City Manager for copying Council on her letter to the West Hennepin Human Services Planning Board. Mayor Hanks announced that this was Sharon Klumpp's last official duty as Assistant City Manager. He reminded Council of the reception for Sharon -211- City Council meeting minutes October 17, 1988 IIIon Oct. 27, 2-4 p.m. He complimented her on her performance as Acting City Manager and on behalf of the Council , wished her the best in Oakdale. 12c. Communications from the City Manager The City Manager noted Council had planned a study session for Oct. 24 to discuss long-range planning. He suggested the cable tv refranchise matter also be discussed so all would be better prepared for the public hearing on November 7. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims, prepared by the Director of Finance, dated October 17, 1988 in the amount of $1,088,160.37 for vendor claims and $12,588.58 for vendor claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 9:50 p.m. A-.24"-b 4111 ak (/1/.A_ th . Mayor Re ordingSecre£ar Y JP -212-