HomeMy WebLinkAbout1988/11/21 - ADMIN - Minutes - City Council - Regular MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 21 , 1988
1 . Call to order Mayor Hanks called the meeting
to order at 7:40 p.m.
2. Presentations None.
3. Roll call The following Council members were
present at roll call :
Bruce Battaglia Larry Mitchell
Thomas Duffy Keith Meland
Allen Friedman Lyle Hanks
Also present were the City Manager, City Attorney, Director of Public Works
and Acting Director of Planning.
4. Approval of minutes It was moved by Councilmember Battaglia,
seconded by Councilmember Duffy,
to approve the minutes of the November
7, 1988 meeting with the following corrections: pg. 222, item 9g, fifth
4111 paragraph, change "any" to "a." Under 9d. Traffic study 395, indicate Council
requested enforcement of the stop signs after they were in place.
The motion passed 6-0.
It was moved by Councilmember Duffy, seconded by Councilmember Battaglia,
to approve the minutes of the November 14, 1988 study session.
The motion passed 6-0.
5. Approval of agenda It was moved by Councilmember Duffy, _
seconded by Councilmember Meland,
to approve the consent agenda for
November 21 , 1988.
The motion passed 6-0.
It was moved by Councilmember Meland, seconded by Councilmember Duffy, to
approve the agenda for November 21 with the following addition: 10a. Appointment
to zoning ordinance task force.
The motion passed 6-0.
Two representatives from the Hennepin County Railroad Authority gave a brief
presentation on light rail transit.
41/1
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City Council meeting minutes
November 21 , 1988
6a. Sidewalk deletion Special permit amendment to delete
requirement for sidewalk along
26th St. : 2500-2528 Princeton
Court and 2500-2512 Quentin Court.
Howard Karon, 2500 Princeton Ct. , read and submitted a petition stating
the residents objection to a proposed sidewalk for the north side of 26th
St. They felt installation of a sidewalk would not benefit the community
and would result in the removal of many mature trees, thus diminishing
the esthetics of the wetland area. He said 37 property owners had signed
the petition. Judy Snitzer, 2504 Quentin Court, felt it sensible to have
a sidewalk to connect their townhomes with the park down the street especially
with 26th St. being a fairly busy street. She felt a compromise or alternative
as far as the width was concerned could be explored. Bruce Lundquist, 2600
Quentin Ave. asked if there would be a boulevard between the sidewalk
and street.
The Acting Director of Planning responded normally there is a boulevard
between any sidewalk and street for snow storage purposes. He said the
Planning Commission's recommendation was that a narrower than standard
sidewalk be placed with the intention of reducing the number of trees
to be affected in such a sidewalk placement.
Mr. Lundquist asked why the sidewalk was not put in when the townhomes
were constructed since it was in the special permit .
The Acting Director said in this instance the developer sold all the units
before the completion date specified on the special permit and non-completion
of the sidewalks slipped through.
Mr. Lundquist said the present situation of people walking in the street
to get to the high school , church and park was quite dangerous, especially
in the winter. He felt the residents of Princeton Court and Quentin Court
should seek redress from the developer. ;t
The City Manager asked the Director of Public Works who would be responsible
for the construction of the sidewalk today. The Director said as long
as it remains a special permit, it is the responsibility of the developer
named in the special permit. Should a trail be constructed from Hwy. 100
to France Ave. , that is part of the City' s capital improvement program
and funded by the City.
Harold Posnick, 2601 Princeton Ave. , expressed his concern about the removal
of any trees and the expense involved in laying a sidewalk. He suggested
a blacktop type of sidewalk which is plowed by a special snowplow such
as Vernon Ave. in Edina. Susan Stewart, 2525 Princeton Ct. shared a letter
from her neighbor. Both of them expressed their concerns about the sidewalk
and trees. Joan Spangler, 2517 Quentin Ct. , speaking on behalf of the
homeowners association, said they found an inconsistency with the Comprehensive
Plan in that when Beth El Synagogue redid its parking lot, they were not
1110
required to install a sidewalk.
There being no one further wishing to speak, the Mayor closed the hearing
with the right of Council to reopen and continue it at a future date.
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City Council meeting minutes
November 21 , 1988
1111 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman,
to authorize preparation of a resolution of approval deleting the requirement
for a sidewalk.
Mayor Hanks had a problem with this motion as he felt it took the developer
off the hook. If at some future time a sidewalk goes in, the abutting property
owners are going to have to pay for it. He felt staff could work with the neighbor-
hood to come up with a sidewalk that could move people yet save the trees.
Councilmember Friedman said in _ talking with the homeowners association it is ;
his impression that they fully understand that they may be liable for the cost
of the sidewalk should it go in at a future date.
In answer to a question from Councilmember Friedmanthee1ativ� gQrflhe developer
escrowing funds for future construction of a sidewalk,/ s ii ou de f investi-
gating if a bond has been posted, his office has not reviewed whether therye
would -be an alternative enforcement mechanism.
3
It was moved by Councilmember Friedman to defer in order that two things could
happen: (1 ) that the City Attorney can pursue what remedies the City has in
holding the developer to his original permit; and (2) have staff come up with
some innovative method to put in a narrow path or sidewalk. Also he wanted
to pursue installation of a walking path or sidewalk to the park if not all
the way to France Ave. The motion was seconded by Councilmember Battaglia.
4111 Deferral was to January 17, 1989
Councilmember Mitchell asked if a bond was required. The City Attorney said
in most subdivision projects it is required, but it is not required for a special
permit.
The motion passed 6-0.
Councilmember Friedman assumed someone from staff would be in touch with represent-
atives of the homeowners association. The City Manager said they would.
6b. Restaurant: 5621 Wayzata Blvd. Special permit amendment to permit
the operation of a Class IV restaurant
at 5621 Wayzata Blvd.
Louise Sugretto, representing KK Corp. , addressed Council . She said the proposed
restaurant, Subway, was nationally franchised and catered to walk-in customers.
Only four tables will be located within the restaurant. She said the developer
felt parking would have less impact than the Sun Tan shop currently located
in the space does.
Councilmember Mitchell asked about the City's agreement with the hotel re parking.
If the hotel were sold, he wondered what the implications would be to that
parking agreement.
There being no one further wishing to speak, the Mayor closed the hearing with
41// 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 continue the hearing to Dec. 12 in order to review the parking agreement.
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City Council meeting minutes
November 21 , 1988
Councilmember Friedman asked if this delay would cause the applicant any problems.
Kim Seng addressed Council . He said such a delay would not cause him a problem.
He said he had paid the franchise fee.
Mayor Hanks suggested the project be approved contingent upon the agreement
coming to the City for review. That was agreeable to Councilmember Mitchell .
Councilmember Mitchell withdrew his motion.
It was moved by Councilmember Friedman, seconded by Councilmember Meland, to
authorize preparation of a resolution of approval and that the owner of the
parcel present to the City Manager a copy of the lease arrangements between
the hotel and other properties.
The City Manager suggested that agreement be given to the City Attorney.
The motion passed 6-0.
6c. 1600 Pennsylvania Special permit to construct a single
Resolution 88-177 family home in the floodplain at 1600
Pennsylvania Ave.
Pat McAllister, 1601 Pennsylvania Ave. , said he had a petition from the neighborhood
residents who were opposed to construction of a home on the lot. They didn't
want to loose the scenic pond which borders the western edge of the lot. He
felt the homes across the street from the subject property would be devalued
as their view of the pond and wildlife will be cut off. The lot was completely
flooded during the July 23 storm and the neighborhood was worried there would
be flooding in other yards should the lot be filled. Also the resident next
door will be affected 'because of access to her driveway.
Ann Hetzel , 1610 Pennsylvania, said all Mr. McAllister said was true.
Al Engen, 5900 Cambridge, owner of the lot, said he had posted signs but they
immediately disappeared. He said in other instances he was aware of, residents
had purchased a lot they didn't want to see sold. He said it was a buildable
lot and the special permit approved by the Planning Commission.
Earl Peterson, 1605 Pennsylvania, was concerned about the property value of
his home because of the lovely view he has.
Mr. Engen said the buyer was aware of soil correction work that needs to be
done and also that he is giving the resident next door an easement over the
property for her driveway.
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.
The Mayor asked the City Attorney if the reason this item was before Council
was because the lot is in the flood plain. The attorney said that was correct.
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City Council meeting minutes
November 21 , 1988
1111 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive
reading and adopt Resolution 88-177 entitled "A resolution granting special
permit under Section 14-123.100(2) (k) of the St. Louis Park Ordinance Code
relating to zoning to permit the construction of a single family home in the
flood plain for property zoned R-1 , one family district, and F-2 flood plain
district located at 1600 Pennsylvania Ave."
Councilmember Duffy noted that all elements of the special permit meet City
ordinances and he could see no way in which it could be denied.
Councilmember Mitchell asked the City Attorney if the owner of the property
could not sue the City should the special permit be denied based on insufficient
grounds for denial .
The City Attorney replied that he could sue. He said the court would require
evidence in the record of Council 's decision and resolution of denial factually
supporting the basis for denial .
There followed discussion re :the easement over the property for the neighbor's
garage driveway. Councilmember Friedman asked why the Council was getting involved
in a private land dispute. The City Attorney replied they need not get involved.
Councilmember Friedman did not wish to set any precedent of Council getting
involved in a private land dispute.
4111 The motion passed 6-0.
6d. Custom auto service store Special permit: 4804 Park Glen Rd.
Resolution 88-178
Louise Sugretto, KK Corporation, briefly explained the custom auto service
concept. Since cars will be serviced in bays, there will be no parking stack
up. She was available 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 Meland, to waive
reading and adopt Resolution 88-178 entitled "A resolution granting special
permit under Section 14-171 (3) of the St. Louis Park Ordinance Code relating
to zoning to permit a custom auto service store for property zoned I-1 , industrial
district, located at 4804 Park Glen Rd."
The motion passed 6-0.
6e. Variance: 4012 Utica Request to convert office space into
Resolution 88-179 2 1-bedroom units each containing
480 sq. ft. instead of the required
540 sq. ft. at 4012 Utica Ave.
Howard Smith, applicant, addressed Council to explain his variance request.
41//
He said basically there is a glut of office space in the western suburbs and
they wished to covert their office space into 1-bedroom units.
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City Council meeting minutes
November 21 , 1988
There being no one further wishing to speak, the Mayor closed the hearing with
the right of Council to reopen and continue it at a future date.
It was moved by Councilmember Battaglia, seconded by Councilmember Friedman,
to waive reading and adopt Resolution 88-179 entitled "A resolution granting
variance in minimum usable floor area from Section 14-112 of the ordinance
code relating to zoning to permit conversion of office space into two 1-bedroom
dwelling units each containing 480 sq. ft. instead of the required 540 sq.
ft. in the PUD, planned unit development district, at 4012 Utica Ave. So."
Councilmember Meland asked if the PUD zoning designation could not be changed
to allow this without going through the variance procedure.
The Acting Director of Planning said that the PUD itself governs the square
footage. The variance is being brought from a general provision of the ordinance
which deals with minimum apartment size in all zoning districts. In order to
amend the PUD, first a condition would have to be added that regulated floor
area and then it would have to be amended. Currently in the PUD ordinance,
there is no restriction on areas.
The motion passed 6-0.
PETITIONS, REQUEST, COMMUNICATIONS
None.
RESOLUTIONS AND ORDINANCES
8a. Vacation: W. 38th St. Second reading of an ordinance vacating
Ordinance No. 1770-88 a portion of W. 38th St. west of Princeton
Ave.
It was moved by Councilmember Meland, seconded by Councilmember Duffy,, to waive
reading and adopt Ordinance 1770-88 entitled "An ordinance vacating a portion
of a public street."
The motion passed 6-0.
8b. Zoning change Second reading of an ordinance changing
Ordinance 1771-88 zoning from I-1 to R-3 west of Dakota
Ave. between 37th St. and Oxford.
It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to
waive reading and adopt Ordinance No. 1771-88 entitled "An ordinance amending
the St. Louis Park ordinance code changing boundaries of zoning districts."
The motion passed 6-0.
8c. Ordinance vacating Gamble Drive
8d. Registered land survey: MEPC
8e. Special permit: Parking ramp
It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to
defer items 8c, d, e to December 12, 1988
The motion passed 6-0.
City Council meeting minutes
November 21 , 1988
4111 8f. Space Center project Scoping decision: Space Center project,
Resolution 88-180 1551 Vernon Ave.
It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive
reading and adopt Resolution 88-180 entitled "A resolution approving a scoping
decision with respect to the scoping environmental assessment worksheet for
the 1551 Vernon Avenue development proposed by Space Center, Inc. for property
located near Vernon Ave. and Highway 12 (I-394) ."
i
The motion passed 6-0.
8g. Medical insurance Resolution providing for City participation '
Resolution 88-181 and premium payments for hospitalization
and medical insurance jointly with
LOGIS health insurance group
Councilmember Battaglia noted. the increased health care benefits escalation
of late.- He felt from a :Citypr tandpoint Council needs to take a look at overall
health care and insurance grams. He would direct staff to look at this in
the future and look at any options or alternatives that might be open to the
City.
It was moved by Councilmember Friedman, seconded by Councilmember Battaglia,
to waive reading and adopt Resolution 88-181 entitled "Resolution providing
4111 for city participation and premium payments for hospitalization and medical
insurance for City employees jointly with LOGIS health insurance group" and
direct staff to bring back alternative proposals for future years and for the
Council to develop a policy on this matter.
Councilmember Mitchell asked about a timeframe. Councilmember Friedman felt
90 days frantonight' s date was sufficient.
Councilmember Friedman felt if it was necessary to bring in members of employees'
- groups to discuss this matter, he would encourage that.
The motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Study of public need Tax forfeited land at 3459 Utica Ave.
No action required.
9b. Minnesota Cellular Telephone Negotiations to permit antennae on
water tower
City Manager
The/said that currently staff was exploring what other communities are charging
for their lease agreements with cellular companies.
Attorney Tim Keane distributed relevant materials. His client was looking toward
41
execution of the lease before having any more delays. He believed that City
staff and his client were in substantial agreement as to the terms of the lease.
Councilmember Friedman said he would like to have added to the lease an indemnifica-
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City Council meeting minutes
November 21 , 1988
tion clause on all costs relating to the defense of any such claims. Attorney
Keane agreed with councilmember Friedman.
Councilmember Mitchell alluded to the $575/mo rental . He asked if additional
antennae or discs were hung, how would the monthly rate be figured. He said
the Apple Valley rental rate structure was used as a guide which shows $50/antennae
and $200/dish. He said the $575 monthly lease rate covers two dishes and three
antennae attached to the tower.
Councilmember Mitchell asked if the lease was tied to the Consumer Price Index
but an inflation rate of not more than four percent a year. Mr. Keane said
that was correct. Council asked to see private sector comparisons.
Relative to the special permit request for the tower pending before Council ,
the City Attorney was under the impression that would be withdrawn and thus
the City would have no formal action before it. Any issue% between the land
owner and Mr. Keane's client is strictly between them. Mr. Keane concurred.
Mayor Hanks felt action could not be taken this evening because of one or
two unresolved items, but he did not want to see the item delayed again to
Dec. 12.
Councilmember Mitchell asked what the timetable had been if they had constructed
the tower. Mr. Keane responded it was a 60-day construction, to be in operation
in very early 1989.
Councilmember Duffy suggested that the meeting be continued to November 28
subject to a negotiated lease being brought back at that time. It was seconded
by Councilmember Meland.
The motion passed 5-1 (Councilmember Battaglia opposed) .
9c. Southeast neighborhood meeting Dean Dubbe, 3808 Joppa Ave. , represented
the taski_force and lives in- the neighbor-
hood.
He briefly described the work of the task force, talked about the positives
and the negatives of the work of the task force and felt that people in general
had become more enlightened relative to disruptive traffic in neighborhoods. He
felt the work of the task force should continue with consultant input. He
thanked Council and staff for its assistance throughout the entire experiment.
Bruce Richardson described a survey made of residents in Minikanda Vista.
Councilmember Duffy said the action before Council did not address funds necessary
to hire a consultant to further the neighborhood study. But it did address
staff 's contacting the county re adjustment of the signal . He felt the consensus
at the meeting he attended was until it is found out what is going to happen
at Excelsior Blvd./W. 38th St./Monterey, nothing the City can do one way or
the other will be sufficient to handle the problem. He thanked the task force
for all their hard work as well as the flak they had to take. He also thanked
the residents who were opposed to the experiment as their energy in opposition
kept. the task force moving along.
It was moved by Councilmember Duffy, seconded by Councilmember Meland, to
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City Council meeting minutes
November 21 , 1988
•
not enact any of the traffic alternatives tried during the summer and that
4111
the traffic management task force continue its deliberations. He would direct
staff to contact the county re the adjustment of the signal at W. 38th St./
Excelsior Blvd./Monterey Ave. The motion was seconded by Councilmember Meland.
C'
Mayor Hanks asked what was the purpose for the task force to continue meeting
when the results of adjustment of the traffic signal were not known. He felt
going ahead with the experiments over the summer and generally upsetting the
neighborhood would better have waited until results of adjustment of the traffic
signal had been evaluated.
Preston Hagland, 4383 Wooddale, reminded Council that the charge to the task
force had been to look at all the traffic south of Excelsior Blvd. He said
the Quentin/Wooddale neighborhood had not been studied but should remain at
the top of the list because of the perceived problems to come.
The motion passed 6-0.
9d. Ottawa Ave. neighborhood meeting Results of neighborhood meeting:
Resolution 88-182 Ottawa Ave. : Hwy. 7 to Minnetonka
Greg Nelson, 3032 Ottawa Ave. , proposed retention of the prohibition on parking
south of Park Hill complex but increase it from 40 ft. to 120 ft. and to not
enact "No parking 6-9 a.m. , 4-6 p.m. , Monday-Friday" along the east side of
Ottawa Ave. from 40 ft. south of Park Hill complex access to Hwy. 7 frontage
411 road. He also suggested installation of a stop sign at Ottawa and 31st.
Mayor Hanks felt the grade on Ottawa heading north was too steep in the winter
to make a stop sign effective.
Betty Skinner, 3044 Ottawa, said the residents are concerned about snow removal
when there are cars in the street. She said currently plows go around the
cars and snow is left piled in the street.
It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to
waive reading and adopt Resolution 88-182 entitled "Resolution enacting parking
restrictions on Ottawa Ave. between Minnetonka Blvd. and Highway 7."
Mayor Hanks asked why the arbitrary figure of 40 feet south of Park Hill has
been selected.
The Director of Public Works said that was considered to be two parking stalls
to give adequate visibility for a car leaving the Park Hill complex.
Mayor Hanks reiterated his feelings that stop signs oft times lull people,
including children, into a sense of security. However, there are too many
drivers who don't adhere to stop signs. Often times he felt stop signs were
more dangerous than if they weren't there.
The motion passed 6-0.
41// Councilmember Friedman felt it was highly distressing for those people who
do stop at stop signs to hear that many drivers do not. If there was indeed
that much disobedience among drivers in the City, he would ask the City Manager
to enforce stop sign regulations and not to allow this to continue.
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November 21 , 1988
Mayor Hanks felt that the police enforce the law when they are there.
II
9e. Control Data request Groundwater contamination abatement
It was moved by Councilmember Friedman, seconded by Councilmember Meland to
approve the discharge of groundwater by Control Data into the sanitary sewer
and direct staff to establish a policy for future similar circumstances with
the following addition: " . . .Control Data Corporation reimbursing the City
for legal or other costs incurred in the treatment of the water and any and
all subsequent costs that might arise pertaining to that discharge. . ."
Councilmember Meland asked if there were not secondary and tertiary costs
also from the Metropolitan Waste Control Commission that will have to be paid.
The City Attorney felt that was covered under the motion.
Councilmember Meland said that usually the discharge source usually pays that
charge directly to the MWCC. He asked if this were different in the present
instance.
The Director of Public Works said it was groundwater that was being discharged
and is being introduced into the sanitary sewer. The water would go to the
MWCC treatment plant and costs would be incurred. The City is billed by the
MWCC for -those treatment costs and those would be the costs that would be
passed along.
Councilmember Meland asked how the MWCC differentiated costs for that discharge
as opposed to other sewage that enters the system requiring additional treatment.
The Director of Public Works said there are strength charges wherein certain
industries - Control Data quite possibly one of them - periodically have their
effluent checked by the MWCC. The MWCC then bills those operators directly
for those increased costs. In the present instance, this is not a strength
charge. -
The motion passed 6-0.
9f. Ad benches Communication from the Planning Commission
Rollie and Woody Danielson, U.S. Bench Corp. , addressed Council . They provided
Council with additional information relative to their request for nine advertising
benches to be located in St. Louis Park. They felt their information pertained
to the bench ordinance and not to the sign ordinance. They also presented
a petition signed by 2300 residents of St. Louis Park expressing their support
of the ad benches. They were asking the Council to accept the recommendation
of the Planning Commission that benches be allowed to exist under the present
bench ordinance; that U.S. Bench be allowed to license nine additional benches
under the provision of the bench ordinance that have been pending for several
months; that after licensing the nine applications, place a moratorium on
additional bench licenses until the ordinance is studied, reviewed, refined
and possible changes made for future controls; and during the moratorium,
give U.S. Bench the right to transfer a license is a bus stop location changes.
Councilmember Mitchell said their petition reflected a door-to-door solicitation.
He asked how they had conducted the collection of names.
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November 21 , 1988 •
4111 ,
Woody Danielson said the signatures were gathered door-to-door and at the
bus stops.
Councilmember Mitchell said he had conducted a small survey of bench usage
and over a two-day period found no one using the benches on the route he traveled.
He noted the bench on Lake St. and Minnetonka Blvd. which is no longer a bus
stop. He felt the only reason for the benches was strictly for the advertising.
Councilmember Mitchell questioned whether there was a need for ad benches
in the City, particularly in residential neighborhoods. _
Councilmember Friedman said he did not prefer one bench company over another. t
He was disappointed to see the condition of the City-maintained benches as
shown on a set of pictures the Danielsons passed around. Relative to Mr. Mitchell 's
comments that he was not aware of any outcry on the part of residents for
these ad benches, he said he had not heard any clamoring for the citizens '
for the park area on top of the City garage. He felt it was important for
the Council - to first determie whether or not they want benches - not what
kind, where or installed by whom. If the City determines it does want benches,
then should the City be in the bench business. It appeared to him that the
public should be in private sector business only when the private sector can't
perform or do what government can do or does not do what it is charged to
do and therefore government has to take over.
4111 Councilmember Friedman moved that the matter be referred to staff for redraft
or update of the ordinance. If benches are to be allowed by ordinance, to
do so with what limits may be necessary as to the number and location as well
as rules for adequate maintenance and compliance. The motion was seconded
by Councilmember Duffy.
Councilmember Mitchell felt the ordinance is going to have to be resolved.
Even if the bench issue is resolved, the sign ordinance is going to have to
be cleaned up.
Councilmember Duffy thought a simple modification to the sign ordinance directing
benches under a separate ordinance would probably suffice. He thought it would
be a simple matter for staff to inquire among metropolitan cities which have
bench ordinances as get copies of those. He did not believe they were all
that different from the City's.
Councilmember Mitchell , referring to the Danielson's information, asked what -
the figure $152 meant. How much is really been proposed, how much does it
cost the City to maintain the 30 or so benches in place.
Councilmember Battaglia asked for clarification, that there was to be a moratorium
on issuance of any additional bench licenses. The Mayor said that was correct.
Mayor Hanks asked what was the justification for not issuing any licenses
at this time.
41
Councilmember Mitchell felt it should first be ascertained if the community
wants ad benches.
Mayor Hanks said ad benches are allowed under the bench ordinance and was
not sure how they could now be denied.
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November 21 , 1988
Mayor Hanks felt he could not support the motion. He would support study of
the matter, he would support a moratorium, but he felt in denying this request,
Council was being unfair to people who applied very honestly and very fairly
and have been operating under an ordinance in operation in the City for many
years. He did not understand what the justification was for denial and therefore
could not support it.
The City Attorney said there is an existing bench ordinance under which an
application can be filed. He said it requires the City Manager to evaluate
the application for conformance with the standards of that code and any other
portion of the City code the City Manager determines to be applicable. It
was his understanding it has been the practice - pending resolution of this
matter - not to act on any applications. He believed the City Manager and
City Attorney must receive additional direction from Council on how to proceed.
Mayor Hanks asked the Danielsons how long ago they applied for an application
that was turned down. They responded that since 1980 they have had no approval .
They said they tried for over two years to get a bench at Nevada and Cedar
Lake Rd. and after being denied, the City put one in.
The motion passed 5-1 (Mayor Hanks opposed) .
UNFINISHED BUSINESS
10a. Boards and commissions Appointment to zoning ordinance task
force
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to appoint Dennis Morris and Jeff Jacobs to the zoning ordinance task force.
The motion passed 6-0.
Councilmember Mitchell said they had very qualified candidates. He said Mr.
Jacobs, being an attorney, would be an asset in wading through the job ahead.
Mr. Morris possesses a good deal of real estate experience. He felt both would
be very helpful .
NEW BUSINESS
lla. Braille Sports Foundation By consent, motion to approve.
llb. Bid tabulation 5 full size police vehicles; 1 front
wheel drive compact vehicle; 2 front
wheel drive intermediate vehicle
By consent, motion to accept proposal of Southdale Ford for the purchase of
5 police vehicles and 1 intermediate vehicle in an amount not to exceed $86,816
and further accept the proposal of Haugen Ford for the purchase of 1 compact
vehicle in an amount not to exceed $9,503.
llb. Bid tabulation One 34,000 lb. GVW cab chassis truck
By consent, motion to accept the proposal of Lakeland Ford Trucks for the
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November 21 , 1988
IIIpurchase of one 34,000 lb. cab/chassis truck not to exceed $39,180.
lld. Bid tabulation 6 trucks
By consent motion to accept the proposal of Haugen Ford for the purchase of
1 heavy duty 3/4-ton 4x4 pickup; 1 heavy duty 2/4-ton van and 1 3/4-ton van
at a cost not_to exceed $45, 158 and further to accept the proposal of Southdale
Ford for the purchase of 2 heavy duty 1-ton trucks and 1 heavy duty 1-ton
4x4 truck at a cost not to exceed $36,674.
MISCELLANEOUS
12a. Claims Takashi Yoshido
Max Donath
Frank Silverberg
Losen, et al
By consent, claims referred to City Clerk and City Manager
12b. Communications from Mayor Mayor Hanks reminded Council of its
study session November 28 immediately
following the EDA meeting
4111 12c. Communications from the City Manager Councilmember Mitchell noted that
Council will be discussing Minnesota
Cellular Telephone on Nov. 28.
The City Manager referred to the citizen letters before Council as well as
a letter from the Government Finance Officers Association.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims By consent, the list of verified
claims, prepared by the Director
of Finance, dated November 21 , 1988
in the amount of $763,435.43 for vendor claims and $12,405.04 for payroll
claims was approved and the City Manager and City Treasurer authorized to
issue checks in the appropriate amounts.
14. Adjournment The meeting was adjourned at 10:45
p.m.
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