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HomeMy WebLinkAbout1991/07/01 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK CITY COUNCIL July 1, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:45 p.m. 2. Presentations None. 3. Roll call The following Councilmembers were present: Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager -(Bill Dixon) , City Attorney (Lee Sheehy) , Director of Public Works (Jim Grube) , Director of Community Development (Dave Hagen) , City Assessor (Bruce Stepnick) and Director of Parks and Recreation (Cris Gears) . III 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the June 17, 1991 meeting. The motion passed 6-0-1 (Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the consent agenda with removal of 13b2. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , with the addition of lOb. Webster Ave./24th St. stormwater holding pond and llb. Alternate bus route Hwy. 7/Quebec Ave. to approve the agenda. The motion passed 7-0. PUBLIC HEARINGS 5a. Request for liquor license Chili 's Restaurant, 5425 Wayzata Blvd. Linda Fisher, attorney, was present representing the applicant. III 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 Friedman, seconded by Councilmember Jacobs, to approve. -93- City Council meeting minutes July 1 , 1991 Councilmember Meland said he would be opposed because of a referendum passed in 1975 re issuance of liquor licenses in that in the diversified developmentIII district they would be tied to larger overall development, not just a free- standing building. Councilmember Friedman withdrew his motion. Mr. Dixon said staff felt the restaurant was part of a larger development, specifically the MEPC development. Councilmember Mitchell asked if a denial would not require findings. The City Attorney said that would be his recommendation. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to continue the hearing to July 15 in order to find out if the request is inconsistent with the Comprehensive Plan, if the DDD ordinance speaks to the question and particulars of a 1988 resolution addressing guidelines related to intoxicating liquor licenses and where permitted. The motion failed 2-5 (Councilmembers Meland, Tschida in favor) . It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the liquor license. The motion passed 5-2 (Councilmembers Meland, Tschida opposed) . III 6b. Special permit: Knollwood Amendment to special permit: Expansion Resolution 91-126 • of retail space formerly occupied by Country Club Market Phil Engel , representing the property owner, was present to answer questions. Councilmember Friedman asked if there would not be a shortage of parking stalls in the event a business took over the Bishop' s space. Mr. Engel said Bishop's, as a restaurant, did require more parking. However, it is being converted to general retail ; thusly, fewer stalls are required. There being no one further to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 91-126: "A resolution rescinding Resolution No. 89-120 adopted on August 21 , 1989 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning to permit retail space expansion by 3,910 sq. ft. for property in the PUD, planned unit develop- ment district, 8332 Hwy. 7." The motion passed 7-0. 6c. 3901 Excelsior Blvd. Special permit: Revision of III Resolution 91-127 existing pump islands -94- City Council meeting minutes July 1 , 1991 IIIThe 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 to reopen and continue it at a future date. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 91-127 entitled "A resolution granting special permit under Sections 14-156(15) and 14-150(3) (a) of the St. Louis Park Ordinance Code relating to zoning to permit a revision of the existing pump islands and installation of a free standing canopy for a motor fuel service station for property zoned B-2, general business district, located at 3901 Excelsior Blvd." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Spacial meeting It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to schedule a special meeting for July 8, 1991 at 7:00 p.m. to receive bids on repair work needed at the Bronx Park ground reservoir. III The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. License fees Second reading of ordinance Ordinance 1859-91 It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to adopt Ordinance No. 1859-91 entitled "An ordinance amending the St. Louis Park Ordinance Code related to license and permit fee increases and repealing Sections related to open fires, low grade fuel burning, auction/estate sales and well abandonment." The motion passed 6-1 (Councilmember Friedman opposed) . 8b. License renewal/reinstatement Second reading of ordinance Ordinance 1860-91 Councilmember Friedman was unclear as to the necessity for this ordinance. He was under the impression the City Clerk would keep records of out of the ordinary costs pertaining to licenses and provide such information to the Council . Mr. Dixon said the Deputy City Attorney felt this was consistent and supplemented the ordinance just past. 111 It was moved by Councilmember Friedman to table. The motion died for lack of a second. The City Attorney said there were two instances wherein the City could recoup costs: the enforcement proceeding wherein the City incurs costs and an instance -95- City Council meeting minutes . July 1 , 1991 when extraordinary demands are placed on City resources above and beyond the costs that would be recouped by the standard fee. Council 's discretion III would be made clear by such an ordinance. It was moved by Councilmember Haun to incorporate this language in the other ordinance. The motion died for lack of a second. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Ordinance 1860-91 entitled "An ordinance amending the St. Louis Park municipal code pertaining to general licensing provisions and adding a new Section 13-116, License Renewal or Reinstatement." The City Attorney said this ordinance would be codified as part of the license renewal process. 8c. Nuisances Second reading of ordinance Ordinance 1861-91 It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to adopt Ordinance 1861-91 entitled "An ordinance amending the St. Louis Park municipal ordinance code, adding Sections 11-113 through 11-120 creating an abatement and an assessment section for nuisance violations and amending Section 11-103 adding Subsections 15, 16 and 17, rubbish accumulations and sidewalk disrepair to nuisance ordinance." Tom Powers, 2241 Hampshire Ave. , expressed his concern that sometimes a city becomes less efficient III because the public gets scared of a city holding this type of power. He hoped the ordinance contained safeguards for the public in general . Mayor Hanks assured him that the appeal process was indeed in place. The motion passed 7-0. 8d. Community Ed funding Councilmember Mitchell would like the item tabled' ' to a study session allowing for more research and study. Councilmember Friedman seconded. Councilmember Haun would support deferrment rather than tabling. He would want a specific date because the District needs an answer. Coming back to the first meeting in August was acceptable to Councilmember Mitchell . Councilmember Mitchell asked that historical information be provided showing how the money from the City has been spent. Mayor Hanks questioned why the City was assisting in the funding of Community Ed when a very large surplus is available. The motion passed 6-1 (Councilmember Haun opposed) . III -96- City Council meeting minutes July 1 , 1991 111 8e. Naegele Purchase of vacant land/temporary Resolution 91-128 easement from Naegele for Hwy. 7/Louisiana Ave. construction and settlement of special assessment appeal (South Oak Pond) It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-128 entitled "Resolution amending Resolution 90-135 authorizing the purchase of temporary construction easements and vacated land: State Highway and Louisiana Ave. project." The motion passed 6-1 (Councilmember Friedman opposed) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Lease with MRPA Space at Recreation Center It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to approve the terms and conditions of the lease with Minnesota Recreation and Parks Association and authorize execution of documents. The motion passed 6-1 (Councilmember Friedman opposed) . 9b. Rec Center Meeting room space 111 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve option 1 (do nothing for now) . Mayor Hanks said one big problem was the seniors in the vicinity of the Rec Center who are used to meeting there. For many, it would be difficult to get to Lenox. Councilmember Mitchell was guarded about sending any mixed messages to the seniors at this point until options are more fully researched. Councilmember Haun saw two issues: the senior program and the plan to increase revenue from the Rec Center. He was not sure what direction Council was taking in light of approving the lease of space to MRPA. Councilmember Friedman felt more time was needed to evaluate the issues. The motion passed 6-1 (Councilmember Haun opposed) . 9c. Zoning ordinance Councilmember Friedman was concerned about residents receiving notification of the public hearing. He asked that every available media be utilized to publicize this public hearing. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, 111 to hold the public hearing on Tuesday, August 6 with the assurance all available media be used to publicize this hearing. The motion passed 7-0. -97- City Council meeting minutes July 1 , 1991 9d. Well No. 4 Consultant selection for inspection Resolution 91-129 of granular activated carbon filters at Well 4 water treatment facility Councilmember Friedman asked why the City had not gone out for bid. The City Manager said AEC was selected because they are the only firm in the metropolitan area providing such services. The closest competitor offering the same service is in Indiana. Councilmember Friedman said going out to bid has two functions: (1 ) to get lowest possible bid and (2) to force low bids. He felt bidding in a public venture was mandatory. He asked that staff be encouraged, if not directed, to go out for bids on City projects. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-129 entitled "Resolution authorizing execution of a contract for inspectional services at municipal Well No. 4 water treatment facility." The motion passed 6-1 (Councilmember Friedman opposed) . 9e. Agreement: Anderberg-Lund Permit agreement for private use of public property with Anderberg-Lund, 6999 Oxford St. It was moved by Councilmember Meland, seconded by Councilmember Haun, to authorize execution of the agreement. The motion passed 7-0. , 9f. Eliot neighborhood/Shotwell Update The City Manager gave a brief update. It was the consensus of Council no action was needed and the City will take a wait and see position. 9g. Agreement with MnDOT North/south frontage roads: T.H. 7 Resolutions 91-130, 91-131 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 91-130 entitled "Resolution authorizing execution of cooperative agreement No. 68200 with MnDOT for the construction cost sharing for the reconstruction of the north/south frontage roads of T.H. 7 and Wooddale Ave. , State Project Nos. 2706-174 and 2706-177" and Resolution 91-131 entitled "Resolution authorizing execution of cooperative agreement No. 68374 with MnDOT for the construction cost sharing for the traffic signal system at T.H. 7 and Wooddale Ave. intersection, State project No. 2706-177." The motion passed 7-0. -98- City Council meeting minutes July 1 , 1991 9h. Brookside bridge construction City Engineer's report Resolutions 91-132, 91-133 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution No. 91-132 entitled "Resolution accepting the City Engineer's report, establishing Project 89-01 , ordering improvement, approving plans and specifications and authorizing advertisement for bids for Improvement No. 89-01 , paving, curb and gutter, storm sewer and bridge reconstruction on Brookside Ave. from the south City limits to the Soo Line Railroad crossing" and Resolution 91-133 entitled "Resolution authorizing parking restrictions on the east and west sides of Brookside Ave. from the south City limits to Yosemite Ave. and on the south side of Brookside Ave. to the Soo Line Railroad crossing." The motion passed 7-0. 9i . Traffic study 445 Temporary revision of parking restrict- Resolution 91-134 ions: Oak Leaf Court It was moved by Councilmember Haun, seconded by Councilmember Councilmember Jacobs, to adopt Resolution 91-134 entitled "Resolution authorizing temporary revission of parking restrictions in Oak Leaf Court. " The motion passed 7-0. 9j. Neighborhood meeting Louisiana Ave. , Cedar Lake Rd. to I-394 Mayor Hanks gave a brief update on the neighborhood meeting that had been held, noting that staff's recommendation is for formation of a neighborhood task force to discuss the alternatives. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve formation of a task force. Councilmember Mitchell wanted to assure the neighborhood the Council is not just going through the motions. It is not known what is to be done with Louisiana Ave. , but by organizing now, there will be time for all options to be explored. He was optimistic something will be worked out that will be compatible with the neighborhood and will meet the needs of traffic along the roadway. The motion passed 7-0. 9k. Board of Zoning Appeals minutes May 23 91 . Planning Commission minutes June 19 Items 9k, 91 ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions -99- City Council meeting minutes July 1 , 1991 Councilmember Mitchell had some questions regarding when the last HUD audit was held. The City Manager said he would provide the information. III Councilmember Mitchell , referencing the Planning Commission annual report, was curious as to whether the Council is concurring with Planning Commission recommendations. Alecia McDonald and Susan Barnard were appointed to the Neighborhood Revitalization Task Force. A meeting will be scheduled at the end of July. 10b. Webster/24th stormwater pond Councilmember Friedman moved to remove this item from the table. Councilmember Meland seconded. The motion passed 7-0. The Director of Public Works gave a brief update. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to direct staff to hold a neighborhood meeting. The motion passed 7-0. NEW BUSINESS lIa. West End Athletic Request for gambling license Resolution 91-135 III It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 91-135 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 6-1 (Councilmember Friedman opposed) . llb. Alternate bus route Quebec/Hwy. 7 Councilmember Meland said that the crossing at Quebec Ave. has been closed, - the stoplights removed. This is posing a problem for the residents on the south side of Hwy. 7 to cross safely across Hwy. 7 without having to go all the way to Louisiana or Texas. MTC had been asked if they could provide a bus stop on the south side of Hwy. 7 and their answer was no. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to request the Regional Transit Board to consider this bus stop on the south side of the highway. The motion passed 7-0. MISCELLANEOUS 12a. Damage claims Refeld vs. SLP III Elizabeth Cabor By consent, claims referred to City Clerk and City Manager. -100- City Council meeting minutes July 1 , 1991 111 12b. Communications from Mayor Mayor Hanks reminded all of the Party in the Park festivities the upcoming weekend. 12c. Communications from City Manager No report CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims was approved in the following amounts and the City Treasurer and City Manager authorized to distribute checks in the appropriate amounts: Vendor claims: $668,931 .34 and payroll claims $31 , 146.78. 13b. Contract payments 1 . Partial payment: Newmech Company, Well 4. Amount: $40,880.97. Payment authorized by consent. 2. Partial payment: C. S. McCrossan, Hwy. 7/Louisiana Ave. Amount: $196,348.82. The City Manager said Councilmember Friedman had question the content of this partial payment. He explained that an add-on had been approved on June 3, 1991 . 111 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve and authorize payment. The motion passed 7-0. 14. Adjournment The meeting adjourned at 9:23 p.m. on a unanimous vote. /Q1* -Iedf2 Mayor 12-jr 51AjUth V Secretary 111 -101-