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Home My WebLink About1989/11/20 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING III ST. LOUIS PARK, MINNESOTA November 20, 1989 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations None 3. Roll Call The following Council members were present at roll call : Bruce Battaglia Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Jane Tschida Lyle 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 Duffy, seconded by Councilmember Mitchell , to approve the minutes of the City CounIII cil meeting of November 6, 1989. The motion passed 6-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the special City Council meeting held November 13, 1989. The motion passed 6-0-1 (Councilmember Tschida abstained) . It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the minutes of the study session of November 13, 1989. The motion passed 6-0-1 (Councilmember Tschida abstained) . 5. Approval of agenda It was moved by Councilmember Duffy, • seconded by Councilmember Friedman, to approve the consent agenda for - November 20, 1989. The motion passed 6-0-1 (Councilmember Battaglia abstained) . It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the agenda for November 20, 1989 with the following addition: 8d. Resolution re settlement agreement with St. Louis Centre Partners. III The motion passed 7-0. -195- City Council meeting minutes Nov. 20, 1989 PUBLIC HEARINGS 111 6a. Ambassador liquor license transfer Application of T & F Management Corp. for transfer of the 394 Corp. (dba Ambassador) intoxicating on-sale and Sunday sale liquor licenses for 5225 Wayzata Blvd. Tony Bakhtiari , applicant, was present 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 approve the transfer. The motion passed 7-0. 6b. MEPC Request of MEPC American Properties for registered land survey approval . Case No. 89-82-3 It was moved by Councilmember Friedmam seconded by Councilmember Meland, to table this item. The motion passed 7-0. 6c. MEPC Request of MEPC American Properties for special permit for construction of a 285,467 sq. ft. office building and six level parking ramp at 1570 Utica Ave. The Director of Community Development noted that the applicant had requested tabeling of items 6b and 6c. The City Manager wondered if it might not be prudent to continue the hearings to Dec. 18, 1989. Councilmember Friedman asked if affected property owners in the area had been noticed. The Director said they had for the first hearing. Councilmember Friedman felt there was a flaw in the process whereby residents are originally noticed of a public hearing, the hearing is continued perhaps a number of times, but residents are never re-noticed of those continuances. The City Attorney suggested the matter be returned to staff and placed on an agenda at such time as MEPC requests and then proper notice provided to all parties. Councilmember Friedman was in no way blaming MEPC, but he did feel that the taxpayers of the City should not bear any costs relative to renoticing of public hearings which are continued at the request of an applicant. It was moved by Councilmember Friedman, seconded by Councilmember Meland, -196- City Council meeting minutes November 20, 1989 111 to return the matter to staff who shall advise MEPC at such time as they wish the matter to be placed on a Council agenda they should request them to do so, that a re-noticing of the public hearing will be required and done at their expense. It was noted the public hearing had not been closed and the Mayor did so. The motion passed 7-0. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, that staff look at upgrading City ordinances so that the foregoing will be done on all future occasions when applicable. He amended the motion to in- dicate re-publication and re-noticing would be for any hearing postponed more than one time. Councilmember Battaglia asked that the whole notification process be brought to Council for review at a study session. The motion passed 7-0. 6d. Improvement hearing Project 88-26: Paving, curb, gutter, Resolution 89-180 storm sewer, street lighting on Dakota Ave. north of T. H. 7 The Director of Public Works briefly explained the project. John Standal , speaking for_ the owner of 3546 Dakota, was in favor of the project and interested in additional parking in the immediate area. Dams Winter, 3560 Dakota, was shocked with a $14,000 assessment for his portion of the project. Tom Pilker, Masonic Walker, did not see how they were related to the improvement. It turned outthis parcel was not to be assessed. 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 Meland, seconded by Councilmember Duffy, to adopt Resolution 89-180 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 88-26, paving, curb, gutter, storm sewer and street lighting on Dakota Ave. north of T.H. 7 and the north frontage road of T.H. 7 from 800 feet east to 200 feet west of Dakota Ave." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. -197- City Council meeting minutes November 20, 1989 RESOLUTIONS AND ORDINANCES III 8a. Midas Muffler Request for time extension to special Resolution 89-181 permit for Midas Muffler (G. P. Badjr, Inc. ) for property located at 4150 and 4200 Excelsior Blvd. It was moved by Councilmember Duffy, seconded by Councilmember Fridman, to adopt Resolution 89-181 entitled "A resolution rescinding Resolution No. 89-159 adopted on Oct. 16, 1989 and granting special permit under Sections 14-156(28) and 14-125(4) of the St. Louis Park Ordinance Code relating to zoning to allow an automotive service center and off-street parking for property located in the B-2, General Business and R-3, Two Family Residence Districts, at 4150 and 4200 Excelsior Blvd." The motion passed 6-1 (Councilmember Tschida opposed) . 8b. 1990 employee insurance program Resolutions 89-182, 89-183 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt the following resolutions: No. 89-182 entitled "Resolution establishing City contribution toward health, life and dental insurance for non-union/non- supervisory and supervisory employees for 1990"; and No. 89-183 entitled "Resolution authorizing participation in the LOGIS insurance group for employee health and life insurance." The motion passed 7-0. 8c. Sale of land: Vernon/T.H. 12 First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive first reading, set second reading for December 4, 1989 and authorize summary publication. The motion passed 7-0. 8d. St. Louis Centre Partners 41'61 Settlement agreement with Economic Resolution 89-184 Development Authority The City Attorney said that the Economic Development Authority approved a settlement with St. Louis Centre Partners and a resolution to that effect was before Council for its approval . It was moved by Councilmember Duffy, seconded by Councilmember Tschida, to adopt Resolution 89-184 entitled "A resolution authorizing settlement agreement with St. Louis Centre Partners related to On the Avenue project." The motion passed 6-1 (Councilmember Friedman opposed) . -198- City Council meeting minutes November 20, 1989 III REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Contract with BRW Amendment to consultant services contract with BRW for services related to T.H. 7/Louisiana Ave. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to authorize execution of an amendment to Contract 1898 with BRW, Inc. increasing engineering consulting fees from $193,400 to $334,380. In answer to a question from Councilmember Battaglia on the process involved wherein the consultant's bill is almost doubled, the Director of Public Works responded this project was a decade old and in the interim from inception to today, the MPCA had put a stop on the project. MnDOT determined that changes in traffic flow from the original design needed to be instituted&significant modifications and delays caused increased design costs. Elements in the ground- water pollution problems in this area greatly increased costs when it came to soil handling, etc. . Also, sometime in 1988, MnDOT decreed two watermain systems should be installed which resulted in considerable increase to the design plans. It was Councilmember Battaglia' s point that the whole process be looked at internally to see what kinds of safeguards can be brought forth in the future to avoid unexpected overruns. 111 Mayor Hanks wanted to make sure that it was understood that the City was ready to go on this intersection 10 years ago, but with the problems with groundwater pollution, etc. , other governmental agencies became involved and to this date, the project is still not underway. The motion passed 6-1 (Councilmember Tschida opposed) . 9b. Traffic study 412: 3-way stop (temporary); truck restriction3 Resolution 89-185 (temporary) By consent, adopt Resolution 89-185 entitled "Resolution authorizing installation of temporary traffic control signs at W. 14th St./Pennsylvania Ave. intersection; 13th Lane and W. 14th St. between Pennsylvania and Texas Avenues; Franklin Ave. , W. 16th St. and W. 18th St. between Louisiana and Pennsylvania Avenues." 9c. Planning Commission minutes November 1 9d. Housing Authority minutes October 10 9e. October 1989 financial report 9f. Joint City Council/School Board/Policy Advisory Committee meeting minutes Oct. 16 9g. Parks and Recreation Commission minutes Nov. 8 Items 9c through 9g ordered filed by consent. -199- City Council meeting minutes November 20, 1989 UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to appoint Jean Tambornino to the Planning Commission. The motion passed 7-0. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to appoint Walt Hartman and Jeff Appelquist to the Housing Authority. The motion passed 7-0. He noted the Regional Transit Board was seeking a staff liaison and he would turn that letter over to the City Manager. He said the City Manager had available the Environmental Impact Statement on light rail transit. NEW BUSINESS lla. Animal boarding contract O1 WA It was moved by Councilmember Duffy, seconded by Councilmember Meland, to authorize execution of a contract with the Park Pet Hospital . The motion passed 7-0. 11b. Braille Sports Foundation Application for renewal of pulltab license: Braille Sports Foundation at Bunny' s By consent, motion to approve and waive 60-day waiting period MISCELLANEOUS 12a. Damage claims None. 12b. Communications from Mayor Mayor Hanks said he and Councilmember Mitchell would be attending the National League of Cities Conference this coming weekend. 12c. Communications from the City Manager None. CLAIMS; APPROPRIATIONS; CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified claims prepared by the Director of Finance dated November 20, 1989 in the amount of $747,204. 19 for vendor claims. 14. Adjournment On a motion by Councilmember Duffy, seconded by Councilmember Meland, the meeting adjourned at 8:24 p.m. 171h R�cordin Secretary Mayor 9 —2nn-