HomeMy WebLinkAbout1989/10/16 - ADMIN - Minutes - City Council - Regular MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 16, 1989
1 . Call to order Mayor Lyle Hanks called the meeting
to order by 7:30 p.m.
2. Presentations Mayor Hanks presented a proclamation
to Art Ingersoll of the School
District on the occasion of his being
named Community Educator.
Presentation from Minnesota Pollution Control Agency - Katherine Carlson and
Paul Durkee of the MPCA gave a presentation on the proposed cleanup plans
for Control Data Corporation's Printed Circuits Operation in St. Louis Park.
3. Roll call The following Councilmembers
were present at roll call :
Bruce Battaglia Keith Meland
Thomas Duffy Larry Mitchell
Allen Friedman Jane Tschida
IIILyle Hanks
Also present were the City Manager, City Attorney, Director of Public Works
and Director of Community Development.
4. Approval of minutes It was moved by Councilmember
Battaglia, seconded by Councilmember
Meland, to approve the minutes of the special October 2, 1989 City Council
meeting with the correction that the motion passed 5-0.
The motion passed 5-0-2 (Councilmembers Friedman and Duffy abstained) .
It was moved by Councilmember Battaglia, seconded by Councilmember Tschida,
to approve the minutes of the October 2, 1989 City Council meeting.
The motion passed 6-0-1 (Councilmember Friedman abstained) .
It was moved by Councilmember Duffy, seconded by Councilmember Tschida, to
approve the minutes of the special City Council meeting of October 4, 1989.
The motion passed 7-0.
5. Approval of agenda It was moved by Councilmember
Friedman, seconded by Councilmember
III Mitchell , to approve the consent agenda for October 16, 1989 with the following
items removed to the agenda:
9e, 9f and l l a.
The motion passed 7-0.
It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to
approve the agenda for October 16, 1989 with the following addition: 8L.
The motion passed 7-0.
City Council meeting minutes
October 16, 1989
PUBLIC HEARINGS
6a. MEPC Request for preliminary plat
approval for property owned
by MEPC American Properties
at 1570 Utica Ave.
It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to
continue the hearing to November 6, 1989.
The motion passed 7-0.
6b. MEPC - Special permit Request for special permit for
construction of a 285,467 sq.
ft. office building and six-level
parking ramp for MEPC American
Properties at 1570 Utica Ave.
It was moved by Councilmember Friedman, seconded by Councilmember Tschida,
to continue the hearing to November 6, 1989.
The motion passed 7-0.
6c. Hazardous building Hazardous building at 4210 Wooddale
In answer to a question from Mayor Hanks, Harvey McPhee, Inspectional Services,
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recounted the efforts made by City staff to get something done to this property.
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 Friedman,
to authorize preparation of a resolution of fact relating to the condition
of the property at 4210 Wooddale as provided by State law.
The motion passed 7-0.
RESOLUTIONS AND ORDINANCES
8a. Advertising benches Amendment of Sign Ordinance:
Ordinance 1807-89 Second reading of an amendment
to Section 14-185.03(2) of the
Sign Ordinance to allow signs on courtesy benches on the public right-of-way
in accordance with the provisions of the Courtesy Bench Ordinance of the
City Ordinance Code.
Rollie Danielson, U.S. Bench, said they were in agreement with all amendments.
It was moved by Councilmember Battaglia, seconded by Councilmember Duffy,
to move the date of conformance to October 1 , 1990.
The motion passed 7-0.
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October 16, 1989
III
It was moved by Councilmember Duffy, seconded by Councilmember Meland, to
approve the language, "A permit holder may be permitted to transfer a courtesy
bench permit when relocating a bench providing the permit holder submits
an application and such application is approved by the City Manager. The
transfer fee for relocating an existing courtesy bench to another approved
location is $10."
Clint Pires, staff liaison, said staff did favor this amendment because staff
time expended would be the same if it were a new bench orabench moved from
one location to another. Staff costs in either case would be similar and
staff would recommend that the fee be $35.
Mr. Thiel , U.S. Bench, felt it was unfair for the company to pay another
fee, mid-year for example, because the City asks for a bench to be moved
for one reason or another.
The motion was amended by Councilmember Tschida, seconded by Councilmember
Friedman that a transfer fee of $35 be paid if U.S. Bench relocates a bench
and only $10 if the City requests a removal .
The motion passed 7-0.
111 It was moved by Councilmember Meland, seconded by Councilmember Friedman,
to amendment the ordinance thusly: "Signs may be permitted on a courtesy
bench which is located in one of the following zoning districts: PUD, DDD,
R-4, R-B, B-1 , B-2, B-3, I-1 , I-2 or I-3."
The motion passed 7-0.
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
that Section 13-743(1 ) be deleted and the following subsection included:
"In Districts R-1 , R-2 and R-3, installation of a courtesy bench with a sign
on the front of the backrest (street facing) only shall require written permission
from the adjacent owner or occupant and shall be granted by permit only after
City Council approval . No more than ten (10) per cent of the courtesy bench
permits allowed under this ordinance shall be located in Districts R-1 , R-2
and R-3.
There was some confusion in the words "adjacent owner" and "occupant."
It was the consensus to make the word "owner" plural , and strike the word "occupant."
The motion passed 7-0.
Mayor Hanks asked who would be informed of a request to place a bench when
it comes before Council .
III The City Attorney said there was not a notice requirement such as when variances
and special permits are applied for.
Councilmember Mitchell understood the Mayor's concern about noticing, but
if Council doesn't approve it, it doesn't go io. He asked Mr. Danielson
if that were not his understanding.
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City Council meeting minutes
October 16, 1989
Mr. Danielson said they understood that if the Council did not approve, III
it was not approved.
The motion passed 7-0.
It was moved by Councilmember Friedman, seconded by Councilmember Battaglia,
to adopt Ordinance No. 1807-89 entitled "An amendment to the St. Louis Park
Ordinance Code Section 14-185.03(2) (b) of the Sign Ordinance to allow signs
on courtesy benches on the public right-of-way in accordance with the provisions
of the Courtesy Bench Ordinance of the City Ordinance Code."
The motion passed 7-0.
8b. Advertising benches Amendments to Bench Ordinance:
Ordinance 1808-89 Second reading of an ordinance
amending, adding and deleting
several sections of the Courtesy Bench Ordinance to streamline the process
for issuance and revocation of Courtesy Bench permits and clarify requirements
for the location, construction and maintenance of couresty benches.
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to adopt Ordinance No. 1808-89 entitled "Ordinance amending the St. Louis
Park Ordinance Code amending, adding and deleting several sections of the
Courtesy Bench Ordinance to streamline the process for issuance and revocation
of Courtesy Bench permits and clarify requirements for the location, construct111
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ion and maintenance of courtesy benches."
The motion passed 7-0.
8c. PDQ
resolution 89-158 Resolution of denial of special
permit for PDQ for property located
at 4617 and 4637 Excelsior Blvd.
Case No. 89-72-SP, PID #07 028
24 12 0052 and 07 028 24 21 0009.
It was moved by Councilmember Tschida, seconded by Councilmember Friedman,
to adopt Resolution No. 89-158 entitled "A resolution of findings regarding
the application of Paul Onsrud (PDQ Food Stores of, Minnesota, Inc. ) for
a special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance
Code relating to zoning to permit a convenience store with self-service
gas facility for property located in the PUD, Planned Unit Development District,
at 4617 and 4637 Excelsior Blvd."
The motion passed 7-0.
8d. Midas Muffler Request of G.P. Badjer (Midas
Resolution 89-159 Muffler) for a time extension
to existing special permit for
property located at 4150-4200 Excelsior Blvd. PID 06 028 24 44 0003 and
06 028 24 44 0004
Dick Stranik, Midas Muffler, was present to answer questions.
Councilmember Battaglia asked for an update on the progress on this property.
Mr. Stranik said it was a matter of getting some remaining contaminants
out of the area after removal of the tanks. They expected to apply for a
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City Council meeting minutes
October 16, 1989
III building permit in 30-45 days. The status of the Perkins property was not
known as they don't have tenants as yet.
Councilmember Friedman was looking for a time certain on the Perkins property
as he felt it look very tacky and continued extensions were apparently not
moving the project along.
Mr. Stranik said the delays to date were because of the tank removal and
that this was the first extension they had asked for.
Councilmember Tschida did not feel two muffler shops across the street from
one another were needed and she would oppose it.
In answer to a question from Councilmember Friedman, Mayor Hanks said it
was his understanding the Muffler shop would be going in, the Perkins building
coming down and all new construction on the latter's premises.
Councilmember Friedman wanted to know the timeframe in which all of this
would be completed.
Councilmember Duffy said the resolution shows a completion date of October
31 , 1990.
Councilmember Battaglia said this was the first knowledge he had that this
III was to be done in stages. He thought it was to be one development, all integrated.
Mr. Stranik said the problem was they don't have tenants for the rest of
the property other than Midas.
Councilmember Battaglia was concerned the City would end up with a muffler
shop and an empty restaurant.
Councilmember Friedman said he would support Mr. Stranik, that he had a
reputation as a good and successful businessman. He was afraid if something
were not worked out with him, the site was just going to sit there, unsightly,
forever. He had a hard time imagining Mr. Stranik was going to loose all
he has invested in this property.
Councilmember Tschida asked if there were any changes in the Comprehensive
Plan re Excelsior Blvd. contemplated at this time or in the near future.
The Director said they had not gotten to the point of examining the strip
of commercial along Excelsior Blvd.
Councilmember Tschida felt that should be addressed before the Council made
any further decisions about Excelsior Blvd.
Mayor Hanks wondered if a deferral might not be in order.
III Councilmember Duffy noted condition 19 of the resolution which states the
site shall be developed, used and maintained in accordance with the site
plan, grading plan, utility plan and landscape plan. He has to develop the pite
according to the plan which was approved by the Council .
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City Council minutes
October 16, 1989
To clarify, the City Manager said that if only the muffler shop were standing
on the site on October 31 , 1990, the special permit would be revoked. 111
Mayor Hanks felt this request before Council should be extended until the
end of November or so so that Mr. Stranik can come back to Council and show
Council the plans for the whole parcel .
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to defer the item for 30 days to allow the applicant time to get together
with staff and understand what all the ramifications are.
The motion was amended to make the extension 45 days.
The motion passed 6-1 (Councilmember Tschida opposed) .
8e. Phillips Pkwy. vacation Second reading of an ordinance
Ordinance No. 1809-89 vacating a portion of Phillips
Parkway
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to approve and adopt Ordinance No. 1809-89 entitled "An ordinance vacating
cul-de-sac island at the south end of Phillips Parkway."
The motion passed 7-0.
8f. Elimination of billboards Second reading of ordinance
Ordinance No. 1810-89 eliminating billboards as a
111
permitted use in sign ordinance.
Tom Weaver, representing Naegele Outdoor Advertising, was present to express
the company's opposition to the ordinance. He presented Council with a
letter from Attorney Tim Keane, articulating Naegele' s law firm's opposition
to the ordinance.
Bob Grazinger, Adams Communications, asked for an update on the item. The
City Attorney provided same.
It was moved by Councilmember Mitchell , seconded by Councilmember Duffy,
to approve and adopt Ordinance No. 1810-89 entitled "An ordinance amending
the zoning ordinance of the St. Louis Park Municipal Code relating to signs
and billboards, Sections 14-155(3) (d) , 14-170(2) (j) and parts of Sections
14-185 through 14-185.08 and amending Section II(G) (113) of the Diversified
Development Guide Plan."
The motion passed 7-0.
8g. 2715 Monterey Resolution of denial of amendment
Resolution 89-160 to Comprehensive Plan - Request
to change zoning from open
space to low density residential
It was moved by Councilmember Battaglia, seconded by Councilmember Friedman,
to adopt Resolution No. 89-160 entitled "A resolution denying an amendment
to the Comprehensive Plan 1980 to the Year 2000 for the City of St. Louis
Park under Minnesota Statutes 462.351 to 462.364 - 2715 Monterey Ave. So."
The motion passed 7-0.
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October 16, 1989 /\\
8h. Environmental health activities Resolution of agreement with
Resolution 89-161 Hennepin County for subsidies
of environmental health activities
for 1990/1991
It was moved by Councilmember Tschida, seconded by Councilmember Meland,
to adopt Resolution 89-161 entitled "Resolution approving agreement between
the City of St. Louis Park and Hennepin County for financial support of
municipal environmental health services."
Councilmember Battaglia asked if the City was sure that number was appropriate
for the amount of activity contemplated.
The Director of Inspectional Services said this amount in no way covers
all of the City's expenses. The figure represents what the County is willing
to give the City for the work it does since we operate our own program.
The motion passed 7-0.
8i . Methodist Hospital Amendments to 1985 City bond
Resolution 89-162 issue agreements: Methodist
Hospital Facilities Revenue
Bonds, Methodist Hospital Facili-
ties Refunding Revenue Bonds
It was moved by Councilmember Duffy, seconded by Councilmember Meland,
to adopt Resolution 89-162 entitled "Resolution approving amendments to
loan agreement and indenture of trust relating to revenue bonds for Methodist
Hospital and an agreement as to indemnity and payment of expenses."
The motion passed 7-0.
8j. Set public hearing Re-establish public hearing
Resolution 89-163 for Improvement project 88-16
It was moved by Councilmember Duffy, seconded by Councilmember Battag-
lia, to adopt Resolution 89-163 entitled "Resolution re-establishing the
improvement hearing for Project 88-26, the north frontage road of T. H.
7 and Dakota Ave."
The motion passed 7-0.
8k. 5525 Wayzata Blvd. Disposition of City-owned land:
Resolution 89-164 5525 Wayzata Blvd.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell
to adopt Resolution 89-164 entitled "Resolution determining public need for
property at 5525 Wayzata Blvd.", set second reading of the ordinance for
November 6, 1989.
The motion passed 7-0.
81 . KK Corporation Minor amendment to special permit
Resolution 89-165
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City Council meeting minutes
October 16, 1989
It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , III
to adopt Resolution 89-165 entitled "A resolution rescinding Resolution 89-150
adopted on Oct. 2, 1989 and granting special permit under Section 14-124(2) (a)
of the St. Louis Park ordinance code relating to zoning to allow operation
of a Class IV restaurant at 5601-5625 Wayzata Blvd."
The motion passed 6-1 (Councilmember Tschida opposed) .
REPORTS FROM BOARD, OFFICERS AND COMMITTEES
9a. Emergency system installation Emergency vehicle pre-emption
Resolution 89-166 system installation
It was moved by Councilmember Tschida, seconded by Councilmember Meland,
to adopt Resolution 89-166 entitled "Resolution accepting City Engineer' s
report, ordering Project 89-13, approving project specifications and authorizing
receipt of bids."
Councilmember Friedman noted that as the originator of this project back
in September of 1988, he sees that one requested location has been deleted
due to the fact the State is scheduled to upgrade the signals in 1990. He
wondered where the costs in staff's report came from and was concerned that
what Council had asked for has not been fully accomplished. He did not understand
why Wooddale/Hwy. 7 could not be included at this time, and when the intersection
is improved, that controller moved to another location.
The Director of Public Works responded that the controller system at Wooddale/Hwy
7 is outdated cannot accept the surveillance system.
Councilmember Friedman said that finding was in conflict with the manufacturer
who told him the system was compatible.
Councilmember Friedman amended the motion to include Wooddale/Hwy. 7 as an
intersection for surveillance installation. It was his estimate a 2-channel
system would be about $3500 and a 4-channel about $6000.
Councilmember Tschida withdrew her motion.
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to advertise for bids with the includion of Wooddale/Hwy. 7 with the bid
split into bid for materials, bid for work. Councilmember Friedman would
want to proceed with the 6 projects - eliminating Wooddale - if the latter
were not feasible.
The City Manager asked if Wooddale/Hwy. 7 were to be added, should $6000
be added to the proposed price of $39,000 and cite MSA reimbursement funds
as the funding source.
The motion passed 7-0.
II
9b. 3036 Louisiana Ave. Sale of City-owned residential
property at 3036 Louisiana Ave.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
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City Council meeting minutes
III October 16, 1989
approve Alternate 2 and authorize staff to renovate the property for
subsequent sale as an owner-occupied residence.
The motion passed 7-0.
9c. Cablecasting Evaluation of cablecasting
of public meetings
It was moved by Councilmember Duffy, seconded by Councilmember Tschida,
to continue cablecasting of EDA meetings and commence cablecasting of
Planning Commission meetings.
It was Mayor Hanks' feeling that Nortel should be in charge of all cablecast-
ing, that it not be relegated to volunteers should Nortel not have personnel .
Councilmember Duffy thought the recommendation was to commence with the
Planning Commission cablecasting, see how it goes, what it is costing
and then return to Council .
The motion passed 7-0.
9e. Housing Authority minutes Councilmember Tschida said
there was a reference in
IIIthe minutes to single-family
revenue bonds in connection with making future homes more affordable.
She was suggesting that this item be placed on Council 's next study session
agenda, i .e. increasing the number of single family homes by upgrading
them with single family revenue bonds.
9f. September financial report He noted that in reviewing
the financial statement,
some revenue collected in
certain funds seemed to
be down. He asked that staff
provide an explanation as to/dAie of the balances are so far off.
9d. Planning Commission minutes
9g. Charter Commission minutes
9h. Cable TV Commission minutes
All other minutes ordered filed by consent.
UNFINISHED BUSINESS
10a. Boards and commissions Mayor Hanks reappointed Paul
Tschida to the Police Civil
Service Commission.
It was moved by Councilmember Friedman, seconded by Councilmember Duffy,
to reappoint Paul Tschida to the Police Civil Service Commission. The
motion passed 6-0-1 (Councilmember Tschida abstained. )
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City Council meeting minutes
October 16, 1989
NEW BUSINESS11/
lla. Raffle Intermedia Arts Minnesota
Mayor Hanks said he placed this on the regular agenda to ask the question
is the City allowing raffles to be conducted all over town and this might
be something Council would want to address. Also, is there any stipulation
as to where pull tabs can be sold.
It was moved by Councilmember Duffy, seconded by Councilmember Meland,
to approve\the raffle request and waive the 60-day waiting period.
The motion passed 7-0.
llb. Gambling: Humane Society By consent, motion to approve
and waive 60-day waiting period.
llc. Tree planting stock Bid tabulation: 1989-90 tree
planting stock
By consent, the following firms were awarded contracts to supply 1989-90
tree planting stock: Midwest Nurseries, Midland Nurseries and Wilson Nursery.
MISCELLANEOUS
12a. Claims Kurenitz vs. SLP
By consent, claim referred to the City Clerk and City Manager.
12b. Communications from Mayor It was moved by Councilmember
Battaglia, seconded by Councilmem-
ber Meland, to appoint Councilmem-
ber Mitchell as the voting delegate at the NLC conference in November.
The motion passed 7-0.
12c. Communications from City Manager The City Manager asked that
Council hold Monday, Oct.
30 open for a budget-related
study session.
CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
13a. Verified claims By consent, motion to approve
the list of verified claims
prepared by the Director of
Finance in the amount of $931 ,545.83 for vendor claims and $26, 137.96 for
payroll claims and that the City Manager and City Treasurer be authorized
to issue checks in the appropriate amounts.
Ill
13b. Contract payment \(�7'�
1 . Partial payment: Bergeson Caswell , St. Peter aquifer well construction.
Amount $18,189. 17
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City Council meeting minutes
October 16, 1989
IIIAmount: $18,189. 17.
By consent, approve and authorize payment.
14. Adjournment The meeting adjourned at 9:45 p.m.
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IV �iY •
ecoSecretary
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