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HomeMy WebLinkAbout1988/02/01 - ADMIN - Minutes - City Council - Regular (2) unofficial 4b . MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 1, 1988 1 . Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks 2. Presentations Mayor Hankspresenteda Pride Week proclama- tion to School Superintendent Carl Holmstrom , 3. Roll Call The following Council members were present at roll call : Bruce Battaglia David Strand Allen Friedman Lyle Hanks Keith Meland Also present were the City Manager, City Attorney, Director of Public Works and Director of Planning: 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Meland to approve the minutes of the January 19, 1988 Council meeting. The motion passed 5-0. 111 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Friedman, to approve the consent agenda with the removal of item 8g. The motion passed 5-0. It was moved by Councilmember Strand, seconded by Councilmember Meland, to approve the agenda with item 8a to be deferred and that lOb be deferred to Feb. 16. Items added were llc. George Haun Trail and lld. Salary adjustment. The motion to approve passed 5-0. PUBLIC HEARINGS 6a. Variance: 7600 Hwy. 7 Variance in parking requirements at 7600 Hwy. 7 The Director of Planning said the applicant was asking for a continuance. It was moved by Councilmember Strand, seconded by Councilmember Battaglia to continue the hearing to Feb. 16, 1988. The motion passed unanimously. 6b. Perkins Restaurant Special permit to reinstate conditions Resolution 88-11 of previous special permit at 4150 Excelsior Blvd. -21- a City Council meeting minutes February '1, 1988 The City Manager said that in addressing Council 's concern about the demoliton of the abandoned liquor store building, several alternatives were discussed with the representative of Perkins. The end result was agreement for posting of a bond in the amount of 110% of the cost of demolition. The cost would be based on a bonafide contractor who would testify to the price and that if demolition is not accomplished by June 15, 1988, the City would require the demolition to be done at the expense of the applicant. All of this was incorporated into a new condition 17 before Council . Councilmember Friedman had a problem with the language stating the cost of demolition would be based on an estimate of the applicant's engineer. Also, it appeared to him the contingency of a price increase in demolition was not covered. He suggested a phrase be added that would cover such a contingency. The City Manager suggested: The cost of demolition will be based on the written estimate of a bonafide contractor acceptable to both the applicant and the City. Council was concerned about the 60-day delay, and wondered if Council should not act on the special permit until the bond is in place and asked what type of effective remedy was before the City based on the past history of this matter. The City Attorney said if the special permit were approved, the City does have remedies under the code including a misdemeanor. Secondly, in alluding to the last line of the condition, he said the City was not limited to 110%, that if it were beyond the 110% the City could recover beyond that amount. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Resolution 88-11 entitled "A resolution rescinding Resolution 85-150 adopted on October 7, 1985 and restating Resolution No. 1177 adopted on February 15, 1960 and Resolution No. 3022 adopted on March 21 , 1966 and granting permit under Section 14-156(17) of the St. Louis Park ordinance code relating to zoning to allow a Class II restaurant and off-street parking for property located in the B-2 business district and the R-3 two family residence district at 4150 Excelsior Blvd." incorporating the new language for condition 17 with the suggested amendment as stated by the City Manager. The motion passed 5-0. 6c. Variance: 8261 Westwood Hills Curve Rear yard setback variance Resolution 88-12 There being no one wishing to speaks 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 Friedman to waive reading and adopt Resolution 88-12 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance code relating to zoning to permit the addition of a screened porch measuring 18 feet by 18 feet and having a rear yard setback of 31 feet instead of the required 35 feet in the R-1 , single family residence district, at 8261 Westwood Hills Curve." The motion passed 5-0. City Council meeting minutes February 1 , 1988 6d. O'Toole's Amendment to special permit for Resolution 88-13 exterior modifications at 460‘4608 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. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-13 entitled "A resolution rescinding Resolution 87-70 adopted June 15, 1987 rescinding Resolution 7390 adopted on May 16, 1983 rescinding Resolution 7256 adopted on October 4, 1982 which amended Resolution 5652 adopted on December 20, 1976 and granting special permit under Section 14-124. 101 of the St. Louis Park ordinance code relating to zoning to allow building and site improvements in the PUD, planned unit development district, at 4606-4630 Excelsior Blvd." The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS None. ° RESOLUTIONS AND ORDINANCES 111 8a. Billboards Second reading of ordinance re billboards. This item was deferred to February 16, 1988. 8b. Zoning chane Second reading of ordinance changing Ordinance 1773-88 zoning from 1-2 industrial to PUD at 3501 S. Hwy. 100 It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1733-88 entitled "An ordinance amending the St. Louis Park ordinance code changing boundaries of zoning districts." The motion passed 5-0. 8c. Special permit: 3501 S. Hwy. 100 Special permit for auto dealership Resolution 88-14 at 3501 So. Hwy. 100 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to waive reading -and adopt Resolution 88-14 entitled "A resolution granting special permit under Section 14-124. 101 of the St. Louis Park ordinance code relating to zoning to permit the construction of an automobile dealership for property zoned PUD, planned unit development district, located at 3501 So. Highway 100." The motion passed 5-0. 8d. Vacation of easements Second reading of ordinance vacating Ordinance No. 1734-88 public easements -23- City Council meeting minutes February 1 , 1988 It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1734-88 entitled "An ordinance vacating public easements." The motion passed 5-0. Be. On the Avenue Second reading of ordinances Ordinance No. 1735-88 _ approving land transfers for Ordinance No. 1736-88 On the Avenue It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive second reading and adopt Ordinance No. 1735-88 entitled "An ordinance reconveying tax-forfeited lands to the State of Minnesota." The motion passed 5-0. It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive second reading and adopt Ordinance No. 1736-88 entitled "An ordinance authorizing conveyance by the City of St. Louis Park of property located within the Excelsior Blvd. Redevelopment District." The motion passed 5-0. 8f. Robert Meyer property Release of letter of credit Resolution 88-15 By consent, motion to waive reading and adopt Resolution 88-15 entitled "Resolution accepting completion of work and platting requirements and authorizing release of standby letter of credit for 4725 Hwy. 7." 8g. Ottawa Ave. Parking restrictions Resolution 88-16 The City Manager reminded those present that any action on this item this evening did not stop work on the overall study plan of the area. The Director of Public Works displayed an overhead and stated Council was addressing a request for parking restrictions along the east side of Ottawa Ave. in proximity to the driveway of the Park Hill Apartments complex. Representa- tives of the apartment complex were asking for the enactment of parking restrictions because of perceived safety hazard to the motoring public.. Staff has come up with a solution for presentation to Council and to be discussed with representa- tives of the apartment building management. That solution was to restrict parking for 40 ft. on either side of the access to the apartment. Mr. Salo of Park Hill Apartments spoke in favor of the proposed action. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to waive reading and adopt Resolution 88-16 entitled "Resolution authorizing the installation of "No Parking" signs on the east side of Ottawa Ave. , 40 feet on either side of the driveway to 3025 Ottawa Ave.' The motion passed 5-0. -24- City Council meeting minutes February 1 , 1988 8h. Securities for collateral Resolution approving securities Resolution 88-17 - for collateral from Park National- - Bank By consent, motion to waive reading and adopt Resolution 88-17 entitled "Resolution approving securities for collateral from Park National Bank, St. Louis Park, MN." REPORTS FROM OFFICERS, BOARDS, COMMISSIONS 9a. Sale of incinerator property It was moved by Councilmember Meland, seconded by Councilmember Strand, to prepare a purchase agreement for the sale of the incinerator property to Hoigaard' s. Councilmember Battaglia asked if the City had gotten an outside appraisal of the property. The City Manager responded the City had not, that the appraisal was done by the City's Assessing Department. Councilmember Friedman asked if the property were of value to anyone else. to the City IIIThe City Manager thought not. And further, easements /over the property for ingress/egress have expired. Mayor Hanks felt that Council 's concern, as City officials, was that the property be developed. He did not see a problem with the item being deferred if Council wanted additional information on comparable land assessments. Councilmember Strand felt comparison of comparable land assessments was not the function here of the Council . He felt the price offered, as presented by the City Manager, was acceptable. Councilmember Friedman disagreed, viewing as Council 's function the right to question and comment. He did not view a recommendation of staff as a foregone conclusion as far as Council was concerned. He was concerned that outside appraisals were not received prior to selling City property. This was not critical of the efforts of City staff, but prudent in assuring the public of the fairness of such transactions. The motion passed 4-0-1 (Councilmember Friedman abstained) . 9b. Parking restrictions: Louisiana Ave. Traffic study 385: No parking restrictions on both sides of W. 27th, 240 feet west of Louisiana By consent, motion to waive reading and adopt Resolution 88-18 'entitled "Resolution authorizing "No Parking" signs along both sides of W. 27th St. from Louisiana Ave. to a point 240 feet west of Louisiana Ave." -25- City Council meeting minutes February 1 , 1988 9c. Liquor policy Report from Governance Committee on liquor policy It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Resolution No. 88-19 entitled "A resolution listing guideline's related to intoxicating liquor licensing and repealing past Resolu- tions 3974, 4701 , 5392 and 84-169." Councilmember Battaglia asked for background information on prior resolutions which Mayor Hanks provided. The City Manager said the only changes that have been made were if the City' s ordinance was in conflict with State Statute. Councilmember Strand added that in the past, policies relating to the various aspects of liquor were scattered throughout the ordinance and this resolution pulls everything related to liquor into one policy. Councilmember Meland wanted section 4C to reflect that it applies only to on-sale licenses. In 4C(c) , relative to issuance of licenses during the proper sequence of construction, it has been found in the past this is not always possible. For example, people financing a project required that the liquor license be issued before anything else as this was going to be a keystone of the project. He said he recalled this was the situation with the development of the Sheraton Park Place hotel and Holiday Inn. Councilmember Strand wondered if it would not be appropriate to leave the II language as written, and simply require a departure from policy in the-event some one wishes to go forward on a different basis. Councilmember Meland said he was not asking for an alteration in the language, but merely to remind Council how issuance vis a vis sequence of construction had been handled in the past on occasion. The motion to adopt as amended in 4C passed 5-0. 9d. Assessment policy Report from Governance Committee on assessment policies It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt resolution. The City Manager said a final whereas should be added which rescinds all previous resolutions. Councilmember Meland noted item 2b. Standard blocks. He felt the 25% and 75% would not exceed the $16 rate mentioned in 2a. for residential properties. To clarify, that the standard rate for the side street does not exceed the $16/ft. rate. Councilmember Meland referred to 2c. Non-standard blocks. He felt a deviation should be allowed for an item 6 which would be residential double frontages. IPHe thought in the past that there had, been assessment for only one frontage. Councilmember Meland referred to item 3. Sidewalks. He said the policy as -26- City Council meeting minutes , February 1 , 1988 ---`" written does not address streets that are not under the jurisdiction of the City of St. Louis Park, and yet the City built most of the sidewalks in place on Minnetonka Blvd. , Cedar Lake Rd. and other areas. He felt policies governing those streets were different from what was being proposed. He did not propose changing the language now, but it was something that needs to be addressed. Mayor Hanks thought perhaps there should be an item f. governing streets not under City jurisdiction and how they would be handled. In item 7. Storm sewers, Councilmember Meland asked if the rate in the policy would be realistic in the future even though he realized not many storm sewers were being built. He recalled the old policy stated no one would be assessed twice. Councilmember Friedman alluded to 5a. Alley ;assessment. He raised the question he had raised before about people who don't' use the garage and aren't assessed for alley improvements. Later they build a garage, are using it and have paid 30% unlike the 100% everyone else has paid. He asked if this couldn't be factored in more equitably in the original assessment that ifscmeone later utilizes a garage after an alley improvement, that they are liable for the full assessment. He asked this be looked at so that the policy was more equitable. Stand 111 Councilmember withdrew his motion and suggested it be deferred to the Feb. 16 study session. 9e., I-394 task force Report received for filing. Councilmember Battaglia asked if there was any plan the residence committee was going to meet with the business committee. Councilmember Strand said the task force's approach was to receive input from each group independently and let the task force evaluate all comments together. He was afraid that if meetings were held between the two groups, the process might bog down. 9f. Prestige Lincoln Mercury It was moved by Councilmember Meland, seconded by Councilmember Battaglia to direct staff to work with the TwinWest Chamber of Commerce and businesses along Hwy. 12/1-394 corridor to develop a plan for displaying project information signs. The motion passed 5-0. 9g. Hennepin County Economic Development Policy It was moved by Councilmember Strand, seconded by Councilmember Friedman to endorse the mission statement and goals for the County task force. The motion passed 5-0. -27- City Council meeting minutes February 1 , 1988 Mayor Hanks asked where the City was sitting financially. The City Manager responded this would not cost the City any money. In answer to a question from Councilmember Battaglia, the City Manager said that, hard as it was to believe, this apparently was not duplicating any previous efforts - not the University, not the Minneapolis Chamber or any others. 9h. W. 36th/Wyoming By consent, minutes of a neighbor- hood meeting re W. 36th St. and Wyoming Ave. were received for filing. 9i . Recycling Implementation of new recycling program In answer to a comment from Mayor Hanks re the recommendation to approve SuperCycle's hiring temporary employees, the City Manager said staff had explored many other alternatives - utilizing senior citizens, utilizing people doing rehabilitation work for the City - none of which could be worked out. Councilmember Strand commented on yard waste. He felt it was important the City come up with some sort of alternative disposal of yard waste that will give people an outlet. Councilmember Battaglia asked why yard waste removal was mandatory when other recycling was not, that the yard waste could not be disposed of with the regular recycling. The City Manager clarified this in that yard waste had to be bagged separately and picked up separately. Councilmember Strand noted that it was his understanding yard waste was the largest percentage of waste entering the waste stream. It was acceptable to him to deviate and make this mandatory that residents cannot put this in the regular waste stream. He saw the entire policy as moving towards mandatory recycling and the way to get there was to begin with the policy as set forth before Council , albeit it slightly inconsistent at this point. Councilmember Battaglia asked what was the City's recourse for residents who put yard waste in their garbage. Mayor Hanks said a penalty was one thought, no pick up another. Councilmember Strand felt that staff could return to Council with further thoughts on this question. Councilmember Strand felt the City had a good recycling program which would get better. He did not think the types of numbers would reach what the City needs to have without some sort of increased volume, whether this is a required program or something people opt in and out of. He felt to be successful over the long term, mandatory recycling was the answer. Councilmember Friedman asked it there to be a method whereby people who have their yards done by professional services would be credited. The Mayor said they would not have to pay. 41// -28- City Council meeting minutes February 1 , 1988 The City Manager gave a brief update on the public relations program that will alert all residents to the program. Mayor Hanks had one other concern. Composting in one' s yard can pose some problems if not treated correctly. He wondered if this had been discussed. The City Manager said that composting will be discussed in the newspaper article as well as in the public information going to the residents. It was moved by Councilmember Strand, seconded by Councilmember Friedman to move the staff recommendation. The motion passed 5-0. 9j. HRA minutes Jan. 12, 1988 9k. December 1987 financial report 91 . Planning Commission minutes January 20, 1988 Minutes and financial report ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business 10b. Smith property1110 Deferred to Feb. 16, 1988 } NEW BUSINESS lla. Raffle ' By consent, an application to conduct raffle by Minnesota Operators of Music and Amusements was approved. llb. Airport Cab By consent, an application to approve a fee increase, by approved. llc. George Haun Trail It was moved by Councilmember Resolution 88-10 Meland, seconded by Councilmember Friedman, to waive reading and adopt Resolution 88-10 entitled "Resolution establishing and naming the George Haun Trail ." The motion passed 5-0. 410 -29- City Council meeting minutes February 1 , 1988 lld. Salary adjustment It was moved by Councilmember Meland, seconded by Councilmember 4111 Friedman, that the City Manager's salary for 1988 be increased by three percent. The motion passed 5-0. MISCELLANEOUS 12a. Claim James Toohey, 6204 France Ave. By consent, claim referred to City Clerk and City Manager 12b. Communications from Mayor No communications. 12c. Communications from City Manager The City Manager briefly discussed the study session agenda for Feb. 8. He reminded Council they were to meet with the School Board and Policy Advisory Committee at 6:30 p.m. to discuss goals and objectives for the coming year. Also, it might be opportune for Council to provide input into the development of the profile for the Community Education Director. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 411/ a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated Feb. 1 , 1988 in the amount of $402,344.26 for vendor claims and $14,380.37 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 8:55 p.m. /, 1441A- Ma,%r • t4n7u4/ece •rdingrety 41/1 -30- it