HomeMy WebLinkAbout1989/05/15 - ADMIN - Minutes - City Council - Regular MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
May 15, 1989
1 . Call to order The meeting was called to order
at 7:30 p.m. by Mayor Lyle Hanks.
2. Presentations Mayor Hanks presented a proclamation
to Greg Knutson, City Streets
Superintendent and President of
the Minnesota Public Works Association in honor of Public Works Week, May - IL/
21 , 1989.
3. Roll call The following Councilmembers were
present at roll call :
Bruce Battaglia Keith Meland
Tom Duffy Larry Mitchell
Allen Friedman Lyle Hanks
Also present were the City Manager, City Attorney, Director of Public Works,
Director of Community Development, Director of Parks and Recreation, Director
of Inspections and the Personnel Officer.
4. Approval of minutes It was moved by Councilmember
Battaglia, seconded by Councilmember
Duffy, to approve the minutes
of the May 1 , 1989 City Council meeting. The motion passed 4-0-2 (Councilmembers
Meland and Mitchell abstained) .
It was moved by Councilmember Duffy, seconded by Councilmember Meland, to
approve the minutes of the May 8, 1989 study session with the following changes:
Item 4, 5th paragraph should read: Councilmember Friedman asked what costs
are incurred by the use of City forces and equipment. Mr. Haun stated that
the costs could be gotten in a couple of days. Councilmember Friedman stated
that he wants to know costs if he is going to vote on these matters -- nothing
is free and if we have already set a budget, then we must be taking it away
from somewhere else.' On the vote, to include after the word "opposed" 'because
no costs would or could be provided."
The motion as amended passed 6-0.
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
to approve the minutes of the long-range planning meeting of May 8, 1989
with the following addition: item 4, Entrance signs, at end add: "Council
asked the Director of Parks and Recreation to work on the signs based on
Council ' s suggestions and report back to the Council ."
The motion as amended passed 6-0.
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5. Approval of agenda It was moved by Councilmember
Friedman, seconded by Councilmember
Battaglia, to approve the consent
agenda for May 15, 1989. The motion passed 6-0.
It was moved by Councilmember Friedman, seconded by Councilmember Battaglia,
to approve the agenda for May 15, 1989. The motion passed 6-0.
PUBLIC HEARINGS
6a. Ambassador Hotel Transfer of liquor licenses
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 Battaglia, seconded by Councilmember Meland,
to approve the transfer of liquor licenses.
' The motion passed 6-0.
6b. Win Stephens Buick Request for amendment to special
Resolution 89-59 permit to permit erection of
a sign at 2440 So. Hwy. 100
There being no one 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 Meland, seconded by Councilmember Duffy, to
waive reading and adopt Resolution 89-59 entitled "A resolution rescinding
Resolution 2663 adopted on Sept. 14, 1964 and granting special permit under
Section 14-124(2) of the St. Louis Park ordinance code relating to zoning
to allow erection of a sign at 2440 So. Hwy. 100."
The motion passed 6-0.
6c. Shelly' s Woodroast Shelly Jacobs addressed Council and
Resolution 89-60 briefly explained his request.
He noted he has a restaurant on 22nd and Hennepin which has been successful
and they are hoping to duplicate that effort in St. Louis Park. He was aware
of the conditions as set forth by the Planning Commission and was in agreement.
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 Mitchell , seconded by Councilmember Friedman,
to waive reading and adopt Resolution 89-60 entitled "A resolution rescinding
Resolution No. 6696 adopted on November 3, 1980 and granting special permit
under Section 14-156( 17) of the St. Louis Park ordinance code relating to
zoning to allow a Class I restaurant in the 8-2 general business district
at 6501 Wayzata Blvd."
The motion passed 6-0.
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111 6d. Signs: Multi-story buildings Request for amendment to the
ordinance to permit larger sign
size on multi-story buildings
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.
Councilmember Battaglia said that in downtown Minneapolis, one doesn't see
many signs. He wondered if this might not be the time for Council to make
a change in its sign policy. Rather than increasing the signs on buildings,
he questioned whether or not there should even be signs.
Councilmember Battaglia moved that the matter be sent back to staff to delete
the exemption for buildings greater than eight stories.
Councilmember Meland thought the signs at Shelard were by special permit.
Councilmember Mitchell was curious as to standards in neighboring communities.
The Community Development Director said staff had not undertaken that type
of checking related to this request.
Councilmember Mitchell felt that more work should be done on the subject.
He could see a need for larger signage and felt it could be done tastefully,
III but how does Council get there.
Councilmember Meland said he would like to see what kind of proposal the
applicant had in mind.
Mayor Hanks asked if this was normal procedure for an item to Witt) the Planning
Commission. He did not recall Council ever reviewing this request.
It was the Director's understanding that the Planning Commission could study
zoning ordinance text amendments that come from applicants prior to City
Council consideration.
Mayor Hanks felt that this matter was different from billboards, that it
actually falls into the area of identification.
It was moved by Councilmember Mitchell , seconded by Councilmember Duffy,
that the item be referred to a study session and that staff provide historical
background or community comparisons.
The motion passed 6-0.
6e. Amhurst Fourth Addition Preliminary plat
Resolution-61
1111 Dave Sellergren, representing Cheyenne Land Company, addressed Council .
' He said the impasse Council had reached previously apparently revolved around
the potential for City liability with respect to providing police/fire services
to the two homes. He briefly reviewed a letter from the former City Manager
and City Attorney which addressed liability matters. He referenced the response
time study conducted in April 1989 which showed that police/fire response
times to the propused homes were virtually identical to the existing Amhurst
project. He said that the City Attorney lied asked the applicant to sign
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a release of liability to the City and in addition notify homeowners in
case there, in fact, is some difference in the response time. Although he
did not feel the necessity for such a release, he said his client would
be signing.
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.
In answer to a question from Councilmember Battaglia, the City Attorney
said the reason the release language was added to the memo was so that the
current developer and any successors would release any claims against the
City.
Councilmember Friedman asked if it were correct that if all provisions of
plat filing are adhered to by the applicant, that the City has no alternative
but to grant plat approval . The City Attorney responded that if the Council
determines that all conditions are complied with, it has no alternative
but to approve. Staff has issued a report that the technical requirements
of the preliminary plat and provisions of City code have been complied with.
It was moved by Councilmember Duffy,,vseconded by Councilmember Meland, to
waive reading and adopt Resolution 'r7 ; -61 entitled "Resolution approving
preliminary plat of Lohman's Amhurst 4th Asdition for Cheyenne Land Co."
Councilmember Mitchell said he acknowledged that what was before Council
was a distinct improvement over what had been proposed some four years ago.
However, he would oppose the approval for two reasons: the owner of the
property could have developed this piece of property at the same time he
was developing the surrounding property; and he was not completely assured
that the liability issue was resolved.
Councilmember Friedman said he was voting in favor based on the City Attorney's
comments that a recordable instrument would contain the release to run with
the title in perpetuity.
The motion passed 5-1 (Councilmember Mitchell opposed) .
PETITIONS, REQUESTS, COMMUNICATIONS
None.
RESOLUTIONS AND ORDINANCES
8a. Twinco Automotive Second reading of an ordinance
Ordinance No. 1786-89 for vacation of a 20-ft. wide
utility easement along the west
property line: 7430 W. 28th
It was moved by Councilmember Meland, seconded by Councilmember Friedman,
to waive second reading and adopt Ordinance No. 1786-89 entitled "An ordinance
vacating the public utility easement at 7430 W. 27th St.
The motion passed 6-0.
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111 8b. Firefighters contract Second reading of ordinance
Ordinance No. 1787-89 transferring funds for firefighters
contract
It was moved by Councilmember Battaglia, seconded by Councilmember Friedman,
to waive reading and adopt Ordinance 1787-89 entitled "An ordinance authorizing
the transfer of funds and providing appropriations for salary adjustments
for International Association of Firefighters Local 993 contract settlement
for years ending December 31 , 1988 and 1989."
The motion passed 6-0.
8c. Boards/commission liaison Resolution rescinding Resolution
Resolution 862 4728 designating City Councilmembers
as ex-officio members of boards
and commissions
It was moved by Councilmember Duffy, seconded by Councilmember Mitchell ,
to waive reading and adopt Resolution 8,62 entitled "Resolution eliminating
City Councilmembers as liaison to boards and commissions and rescinding Resolution
4728."
The motion passed 6-0.
8d. Board of Zoning Appeals111
Second reading of ordinance
Ordinance No. 1788-89 restructuring Board of Zoning
Appeals
It was moved by Councilmember Mitchell , seconded by Councilmember Friedman,
to waive reading and adopt Ordinance 1788-89 entitled "An ordinance amending
the St. Louis Park Municipal Code related to the Board of Zoning Appeals
amending Sections 1-401 through 1-405. "
The motion passed 6-0.
8e. Variances Second reading of an ordinance
Ordinance No. 1789-89 re variances
It was moved by Councilmember Friedman, seconded by Councilmember Battaglia,
to waive reading and adopt Ordinance No. 1789-89 entitled "An ordinance amending
the St. Louis Park Municipal Code related to variances amending .Sections
14-210 through 14-222. "
In answer to a question from Councilmember Mitchell , the City Manager said
this ordinance will make the Board of Zoning Appeals an administrative board
as opposed to an advisory board. This body will become a decision-making
body subject to appeal to the City Council by either the petitioner or a
party affected or interested in the decision.
Mayor Hanks brought up a situation where a variance is approved and the applicant
comes the next day for a permit. If an appeal is made prior to the ten-day
waiting period, but a building or whatever requiring the permit is constructed,
what happens.
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The City Attorney said the City would have to withhold issuance of a permit
until the appeal period has run. He felt it could be handled administratively111
by so advising City staff and any applicant that a permit is not valid until
the appeal period has expired.
The Mayor felt that language should be included in the ordinance.
Councilmember Friedman amended his motion to include language relative to
the 10-day waiting period and that it be specifically enumerated on the permit
and the application. Councilmember Battaglia concurred.
The motion as amended passed 6-0.
8f. Recycling Resolution terminating City
Resolution 89-63 contract with Super Cycle for
recycling services
The City Attorney proposed that the following language be added to the "Therefore"
paragraph: " . . .6/1/89 subject to execution of a termination agreement prepared
by the City Attorney and executed by the Mayor and City Manager."
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to waive reading and adopt Resolution 89-63 entitled "Resolution terminating
City contract #1744A with Super Cycle" as amended.
The motion passed 6-0.
8g. Void
8h. Void
8i . Parking restrictions First reading of an ordinance
adding enactment of parking
restrictions during street mainten-
ance
It was moved by Councilmember Duffy, seconded by Councilmember Mitchell ,
to waive first reading and set second for June 5, 1989.
Councilmember Battaglia had a concern with the 12-hour notice. For example,
someone getting home at 8:00 p.m. and leaving early the next morning and
never seeing the sign restricting parking.
The Director of Public Works said his department would not have a problem
with an 18-hour posting.
Councilmember Mitchell wondered if an inconsistency would not be created
in that cars are currently allowed to remain on City streets for 12 hours
after which time they must be moved. He said if it were increased to 18 hours
the ordinance would have to be changed allowing parking for 18 hours and
he would not support that change.
III—
The motion passed 5-1 (Councilmember Battaglia opposed) .
8j. Pets in parks First reading of ordinance
The following people spoke to Council to express their concerns about the
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III proposed ordinance: Wendy Isenberg, 4324 W. 36th St. ; David Karwacki , 7627
North St. ; Florence Flugaur, 3320 Louisiana; and Patricia McElderry, 2524
Quebec Ave.
Mr. Karwacki said he conducted a survey of 16 metropolitan communities and
only 3 do not permit pets in the parks.
Councilmember Battaglia asked how the current ordinance is enforced, i .e.
do the police enforce.
The City Manager said enforcement comes basically in response to complaints
which is a challenge because by the time staff arrives on the scene in response
to a complaint, usually the problem has been rectified.
Mayor Hanks said that if all pet owners were responsible for keeping their
pets on leashes and cleaning up after them he would support the ordinance.
However, in his experience that was not the case.
It was moved by Councilmember Friedman, seconded by Councilmember Battaglia
to waive first reading and set second for June 5.
Councilmember Friedman did not believe passage of the ordinance would stop
the problems as alluded to by the Mayor. He did feel it deserved a try, and
III if it doesn't work out, the ordinance can always be repealed.
Councilmember Battaglia suggested Council ask the Parks and Recreation Commission
to spend the upcoming year studying the .effects of the ordinance and offered
this as a friendly amendment to the motion.
Councilmember Friedman accepted the amendment and suggested that if the ordinance
was not proving effective and workable that the commission would bring it
to Council ' s attention before a year was up.
The motion failed 3-3 (Councilmembers Meland, Mitchell and Mayor Hanks opposed) .
It was moved by Councilmember Battaglia, seconded by Councilmember Friedman,
to defer the item to June 5, 1989.
The motion passed 6-0.
8k. Police contract Second reading or ordinance
Ordinance No. 1790-89 transferring funds for Police
contract
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to waive reading and adopt Ordinance 1790-89 entitled "An ordinance authorizing
the transfer of funds and providing appropriations for salary adjustments
for the Minnesota Teamsters Public and Law Enforcement Employees' Union Local
320 contract settlement for year ending December 31 , 1989. "
The motion passed 6-0.
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81 . Investment Real Estate ' Resolution approving time extension
Resolution 81-64 for special permit for Investment
Real Estate
It was moved by Councilmember Friedman, seconded by Councilmember Duffy,
to waive reading and adopt Resolution 8,64 entitled "A resolution rescinding
Resolution 88-67 adopted on June 20, 1988 and granting special permit under
Sections 14-146( 1 ) and 14-126(4) of the St. Louis Park ordinance code relating
to zoning to allow off-street parking for property zoned R-3, two family
residence district, located at 7855 Wayzata Blvd."
The motion passed 5-0-1 (Councilmember Battaglia abstained) .
8m. Reilly Tar & Chemical activities It was moved by Councilmember
Resolution 89-65 Mitchell , seconded by Councilmember
Meland, to waive reading and
adopt Resolution 89-65 entitled "Resolution authorizing execution and filing
of affidavit to satisfy Minnesota Statutes Section 1156. 16, subdivision 2
and Section 11 .2 of the Remedial Action Plan, attached as Exhibit A to the
Consent Decree issues in United States of America, et al , vs. Reilly Tar
& Chemical Corporation, Housing and Redevelopment Authority of St. Louis
Park, Oak Park Village Association, Rustic Oaks Condominium, Inc. and Philip's
Investment Company, United States District Court, District of Minnesota."
The motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Classic Motor Company Special permit
Steve Gold addressed Council relative to non-compliance with Classic Motor
Company' s special permit. He addressed each of the items in staff' s report
which were being cited for non-compliance. He said he had met with members of staff
to go over the various items and wanted to assure Council he fully intended
to be in compliance with all conditions of the special permit as amended.
It was moved by Councilmember Meland, seconded by Councilmember Battaglia,
to direct staff to meet with Mr. Gold to identify those conditions which could
be amended and still meet the goals of the development district and that Mr.
Gold be directed to immediately complete the sidewalk and landscaping improvements
along Excelsior Blvd. in conformance with the approved exhibits.
The motion passed 6-0.
9b. Neighborhood meeting . By consent, motion to direct
staff to hold a neighborhood
meeting to solicit resident comment regarding on-street parking by motorists
who visit Excelsior Blvd. businesses.
9c. Alley paving City Engineer's report: Alley
paving between Georgia and Hampshire
Ave. north of W. 31st St.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
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to direct staff to hold a neighborhood meeting and set a public hearing for
June 19, 1989.
The motion passed 6-0.
9d. Alley paving City Engineer's report: Alley
paving between Zarthan and Alabama
Avenues from Cambridge St. to
Goodrich Ave.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to approve staff ' s report, direct staff to hold a neighborhood meeting and
set a public hearing for June 19, 1989.
The motion passed 6-0.
9e. Storm sewer lift station City Engineer 's report: Storm
sewer lift station reconstruction
at W. 29th St./Boone Ave.
It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to
approve the report and authorize preparation of plans, specifications and
advertise for bids.
IIIThe motion passed 6-0.
9f. Traffic study 403 By consent, motion to waive reading
Resolution 89-66 and adopt Resolution 89-66 entitled
"Resolution prohibiting parking
for a distance of 30 feet along
the north side of Franklin Ave. and east side of Pennsylvania Ave. from the
Pennsylvania Ave./Franklin Ave. intersection and for a distance of 65 feet
' along the south side of Franklin Ave. and west side of Pennsylvania Ave. from
the intersection. "
9'g. Paving, curb/gutter City Engineer's report: Paving,
Resolution 89-67 curb, gutter and storm sewer:
W. 38th St.
Mary Segal and Marshall Cook were present to answer any questions.
It was moved by Councilmember Duffy, seconded by Councilmember Meland, to
waive reading and adopt Resolution 89-67 entitled "Resolution ordering improvement
ordering preparation of plans, specifications and authorizing advertisement
for bids for improvement No. 89-15: Paving, curb, gutter and storm sewer,
W. 38th St. from Princeton Ave. south 125 feet."
The motion passed 6-0.
9h. Recycling Status report: Recycling,
refuse and collection rates
After discussion by Council , it was moved by Councilmember Battaglia, seconded
by Councilmember Melann to Direst staff to send letters to the City' s
legislative delegation . , •2 ,sing the City' s opposition to the proposed
6°' sales tax on ''ec,jr 1 ing.
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The motion passed 6-0.
With reference to an agreement with a recycler in the future, it was moved
by Councilmember Battaglia, seconded by Councilmember Meland, to include
111
in any agreement between the City and a recycler a penalty clause for cancella-
tion of said agreement.
The motion passed 6-0.
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to accept the report for filing and to hold a special meeting on May 22,
1989 for the purpose of reviewing a new recycling contract and approving
recycling/refuse rates.
The motion passed 6-0.
9i . Housing Authority minutes April 11 , 1989
9j. Planning Commission minutes April 12, 1989
9k. Parks and Recreation Commission minutes April 12, 1989
91 . April financial report
Items 9i through 91 ordered filed by consent.
UNFINISHED BUSINESS
10a. Boards and commissions No business
NEW BUSINESS
lla. Appointment of Councilmember On the first round of voting
Resolution 89-68 Jane Tschida received three
votes, and Karen Coggins,
Ward Johnson and Mark Rosen
one each.
On the second round of voting, Jane Tschida received five votes and Mark
Rosen one.
Councilmember Meland requested a unanimous vote for Jane Tschida which
passed 6-0.
Resolution 89-68 was unanimously passed entitled "Resolution appointing
Jane Tschida to vacancy in office of Councilmember at Large "B".
MISCELLANEOUS
12a. Damage claims Peter Tysdal , Sally Doshan
By consent, claims referred to City Clerk and City Manager
12b. Communications from Mayor It was moved by Councilmember
Meland, seconded by Councilmember
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Friedman, to accept the Community Education budget for 1989-90.
IIIThe motion passed 6-0.
Mayor Hanks reminded Council of the AMM annual meeting on May 31 .
12c. Communications from City Manager None.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims By consent, the list of verified
claims prepared by the Director
of Finance dated May 15, 1989
in the amount of $787,201 .69 for vendor claims and $13,907. 12 were approved
and the City Manager and City Clerk directed to issue checks in the appropriate
amounts.
14. Adjournment The meeting adjourned at 9:30
p.m.
6) itar-i,v
May
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R ording Secretary
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