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HomeMy WebLinkAbout1992/05/04 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 4, 1992 1. Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read two proclamations: Caring Youth Day and Buddy Poppy. 3. Roll call - The following Councilmembers were present: Jeff Jacobs, George Haun, Allen Friedman, Larry Mitchell , Keith Meland, Gail Dorfman and Lyle Hanks. ` Staff present included the City Manager, City Attorney, Director of Public Works, Director of Community Development, Planning Coordinator. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the April 20, 1992 meeting. The motion passed 7-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the April 27, 1992 Long Range Planning session. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the consent agenda with the removal of 9e. The motion passed 7-0. It wwas moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda with the addition of llb. Request for neighborhood meeting. The motion passed 7-0. PUBLIC HEARINGS 6a. Amhurst 4th Addition Prelimihary_plat Resolution 92-50 Raleigh Thuleen, David Rowland and Geraldine Steen spoke in opposition to the proposal . There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen it at a future date. -46- City Council meeting minutes May 4, 1992 It was moved by Councilmember Meland to adopt the resolution of approval . The motion died for lack of a second. Councilmember Meland asked the City Attorney if the Council could deny a application for a preliminary plat. The City Attorney responded it could based upon the facts in the record and standards in City Code. If the Council fails to act within a given timeframe, the plat is considered approved. Mayor Hanks asked if there were any reason for the Council to deny the preliminary plat other than the fact there was an access problem. The City Attorney responded if there were access and the property met all the conditions for development, the Council would have no grounds upon which to deny the plat. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt, with conditions, Resolution 92-50 entitled "Resolution giving approval for preliminary plat of Amhurst 4th Addition." In answer to a question from Councilmember Jacobs, the City Attorney said that the Council , should it exercise its discretion in denying the approval , must do so on the record, the issues on the record or testimony of the public. He advised Council that the courts closely scrutnize these kinds of land use decisions as opposed to zoning, for example, wherein Councils are given broader discretion. Councilmember Friedman asked the City Attorney that since the City of St. Louis Park cannot guarantee ingress/egress to the property since it doesn't control it, the only ingress that it could control would be to condemn the land to make a right-of-way. And by a logical extension, the plat approval request could then be denied because the City has no control . The City Attorney said the applicant has made a representation that access will be provided from the Minnetonka street; hence, the condition that v it in the resolution, i .e. access will be provided by Minnetonka and St. Louis Park indemnified from any and all issues that could arise out of that request. Councilmember Friedman asked if the plat could be denied based on the fact that there is nothing in writing from Minnetonka that they will indeed provide access to the property. He felt that in this way the burden was shifted back onto Minnetonka. The City Attorney responded the Council had a measure of discretion. His concern was that St. Louis Park would end up being sued. The motion passed 6-1 (Councilmember Friedman opposed) . 6b. Amhurst 4th Addition Special permit The City Attorney read an additional condition proposed to be added to the resolution granting the special permit. -47- City Council meeting minutes May 4, 1992 111 In essence, the condition states a special permit cannot be approved until the final plat is approved. The Director of Community Development said action on this item can be deferred until action on the final plat takes place. 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 Meland, seconded by Councilmember Jacobs to table. The motion passed 7-0. 6c. Registered land survey Park National Bank Resolution 92-51 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 Mitchell , seconded by Councilmember Meland, to adopt Resolution 92-51 entitled "Resolution giving approval for registered land survey: Park National Bank Bldg. , 5353 Wayzata Blvd." The motion passed 7-0. 6d. Monterey Park Townhouses Watermain looping Resolution 9252 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-52 entitled "Resolution ordering improvement Project No. 92-08, approving plans and specifications and authorizing receipt of bids for watermain construction in Monterey Park Addition." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Transferring of funds Community Education Ordinance No. 1884-92 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Ordinance 1884-92 entitled "An ordinance authorizing the transfer of funds and providing appropriations for the Community Education Program." The motion passed 7-0. -48- City Council meeting minutes May 4, 1992 8b. Inspections/Public Works Incorporation of department Ordinance No. 1885-92 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Ordinance 1885-92 entitled "An ordinance changing the St. Louis Park Municipal Code relating to the incorporation of the Department of Inspections into the Department of Public Works as the Division of Inspections by amending Sections 1-102, 1-501 , 11-103, 11-114, 11-115, 11-116, 11-209, 11-217, 11-218, 11-222, 11-521 , 13-212, 13-222, 13-245, 13-246, 13-248, 13-249, 13-551 , 13-555, 13-705, 13-706, 13-707, 13-709, 13-714, 13-805, 13-847, 13-934, 13-1032, 13-1346, 41-201 , 14-202, 14-207, 15-211 , 15-223, 15-224, 15-231 , 15-241 , 15-242, 15-253, 15-254, 15-262, 15-263, 15-264, 15-310, 15-311 , 15-320, 15-332, 15-347, 15-348, 15-402, 15-405, 15-406, 15-408, 15-411 , 15-501 , 15-502 and 15-503 and deleting Section 1-204." The motion passed 7-0. 8c. Wooddale Automotive Minor amendment Resolution 92-53 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-53 entitled "A resolution rescinding Resolution 7042 adopted on Jan. 4, 1982 and granting special permit under Section 14-156 of the St. Louis Park Ordinance Code relating to zoning to allow automotive repair at 6407 Lake St. W." with the following amendment: elimina- ting the closure of the curb as a requirement and to include the closure as a part of the City's random sidewalk/curb repair at no cost to the property owner. The motion passed 7-0. 8d. Amendments to Comprehensive Plan 1990-2010 Resolution 92-54 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-54 entitled "A resolution approving an amendment to the Comprehensive Plan 1990 to the Year 2010 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364 for Areas 1 , 2, 4, 5 and 6. Discussion ensued on Areas 3, 7, 8 and 9. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, that Area 9 be referred back to a study session. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to hold back Area 7, Gorham/Republic and Area 8, Hwy. 7, Pennsylvania to Texas, for further discussion. The motion passed 7-0. Discussion was held on Area 3 - Monterey Ave. at Minnetonka Blvd. Speaking in favor of American Youth Hostels who are requesting rezoning to permit a hostel at the location were Douglas Peterson, 1809 Irving Ave. So. ; Gary Turpening, 8000 W. 257th St. , Farmington; and Deborah Kraus and Ray Quinn. -49- City Council meeting minutes May 4, 1992 There was some confusion over density. In an effort to clarify, Councilmember .111 Friedman said two designations were being referenced: one is residential and the other, for want of a better word, was hotel . He suggested thinking of a hostel as a hotel use; think of an apartment building as a residential use. R-50 zoning would allow the hotel use; R-30 would only allow the residential use. Cornell Moore, owner of Monterey Place Apartments, spoke in opposition to the proposal for a hostel . Councilman Friedman asked what sorts of things would be allowed in an R-50 zoning district. Mr. Rye responded a maximum of 50 residential dwelling units per acre so for 2.75 acres would be 137.5 units. It would permit a hotel or office use. Councilmember Friedman's concern was what could go in there and what does Council want in an area that is mainly residential . Councilmember Haun didn't have a problem with the concept of a hostel ; it was the density that was a problem for him. Leaving the zoning at R-50 leaves the door open to some sort of huge development in the future. Councilmember Jacobs said he understood a hostel would not be permitted under the proposed zoning of R-30. He proposed a hostel be defined in the ordinance consistent with an R-4 zoning. Councilmember Friedman said even if a hostel were allowed, he could not support one allowing upwards to 100 individuals. If a hostel for, say, 40-50 were approved, he wondered if the organization wouldn't cease to be interested. •Councilmember Jacobs wondered what power the Council had to restrict the number of individuals. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to change land use designation to R11 , Medium Density Residential in the westerly portion of the area and to R30 High Density Residential on the remainder and to direct staff to look at a definition of hostel in either the Comp Plan and/or zoning ordinance and to work with the hostel organization to see if there is a way they can locate in St. Louis Park in a manner consistent with the updated Comp Plan. The motion passed 7-0. 8e. Methodist Hospital Minor amendment: Additional parking Resolution 92-55 Vic Polich, Methodist Hospital , was present to answer questions. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 92-55 entitled "A resolution rescinding Resolution 91-201 adopted on October 21 , 1991 and granting special permit under Section 14-123. 100(2) of the St. Louis Park Ordinance Code relating to zoning -50- City Council meeting minutes May 4, 1992 to allow temporary parking for property located in the R-4, Multiple Family Residence, and F-2, Floodplain Districts at 6500 Excelsior Blvd." III The motion passed 7-Q. 8f. Beverly Enterprises Minor amendment: Additional Resolution 92-56 parking stalls, 3201 Virginia It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-56 entitled "A resolution rescinding Resolution 6859 adopted on June 1 , 1981 and granting special permit under Section 14-141 (3) of the St. Louis Park Ordinance Code relating to zoning to allow additional parking stalls for a nursing home at 3201 Virginia Ave. So." The motion passed 7-0. 8g. KK Corporation Modifications to 1981 $1 million Resolution 92-57 Industrial Development Revenue Bond issue It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 92-57 entitled "Resolution authorizing the execution and delivery of Amendment No. 2 to the $1 million Industrial Development Revenue Bond (KK Corporation project)" The motion passed 7-0. III REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Louisiana Ave. reconstruction Approve plans/specifications for Resolution 92-58 reconstruction of Louisiana Ave. : I-394 to Cedar Lake Rd. and approve parking restriction along east side of Louisiana Ave. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-58 entitled "Resolution approving plans and specifica- tions, authorizing receipt of bids for the reconstruction of Louisiana Ave. and restricting parking along Louisiana Ave. except on the west side of Louisiana Ave. from a point 300 ft. north of Cedar Lake Rd. to a point 900 ft. north of Cedar Lake Rd." The motion passed 7-0. 9b. Reconstruction of W. 26th St. Monterey Ave. to Huntington Resolution 92-59 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-59 entitled "Resolution ordering Project 90-24, approving plans and specifications, authorizing receipt of bids, the recon- struction of W. 26th St. from Monterey Ave. to Huntington Ave." III The motion passed 7-0. -51- City Council meeting minutes May 4, 1992 9c. 1991 financial report Ordered filed by consent 9d. Storm sewer correction W. 240/Webster Ave. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 92-60 entitled "Resolution accepting the City Engineer's report, establishing Project 92-06 and establishing an improvement hearing for Project 92-06, and establishing an improvement hearing for Project 92-06, storm sewer correction at W. 24i St. and Webster Ave." The motion passed 7-0. 9e. MSA funds off-system France Ave. Resolution 92-61 Councilmember Friedman noted the total project expenditure was $68,625.49. He wondered why the City was asking for $75,000 in MSA funds. Director Grube responded that when requesting MSA funds, the City must estimate how much it wants to receive out of the account. Bills come dribbling in after the project is finished. In this instance, an extra $7000 was requested as a cushion in the event that some unforeseen bills do come in. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-61 entitled "Resolution authorizing "Resolution seeking MnDOT authorization to appropriate Municipal State Aid Funds for France Ave. reconstruction project, S.A.P. 163-020-17 and S.A.P. 163-020-18. City Project No. 78-32, County Project 8650." The motion passed 7-0. 9f. Cedar Lake Rd./Texas Ave. Temporary traffic signal Resolutions 92-62, 92-63, 92-64 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to approve the 3 resolutions: 92-62 entitled "Resolution ordering Project 90-72, approving plans and specifications, authorizing receipt of bids, for a temporary traffic signal system at Texas Ave. and Cedar Lake Rd. ; No. 92-63 entitled "Resolution requesting Hennepin County authorization for the placement of No Right Turn on red traffic control sign for westbound traffic on Cedar Lake Rd. at Texas Ave." and No. 92-64 entitled "Resolution restricting truck traffic to 7 tons per axle on Texas Ave. for the duration of the detour route for the reconstruction of Louisiana Ave." The motion passed 7-0. Curtis Holmquist, 1807 Texas Ave. So. , expressed his desire for the temporary traffic signal to be made permanent because of the virtual impossibility of getting onto Cedar Lake Rd. -52- 9g. Traffic study 459 Permit parking in vicinity Resolution 92-65 of Roller Garden -- Councilmember Friedman said this was a study done by Public Works researching permit parking at 3101 Xenwood Ave. and the other along Xenwood Ave./5701 W. Lake St. There has been a problem with overflow parking from other ' Ill areas and those residents need the space for themselves. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-65 entitled "Resolution authorizing parking restrictions along Xenwood Ave. at 3010 Xenwood Ave. and 5701 W. Lake St." Fred Mutschler, 5701 W. Lake St. felt this was the first step in getting a neighborhood meeting together and returning to Council in the future to request increased permit parking. Councilmember Friedman added to his motion that staff be directed to hold a neighborhood meeting to look further into the parking situation. This was acceptable to the second. The motion passed 7-0. Vg4.1AJE 9h. T.S. 457 Stop signs on Wh St. at Y e Arne Haglund, 2724 Ottawa, addressed Council . He agreed it was a dangerous intersection because the east-west traffic does not stop for the stop signs. He was opposed to a stop sign going south out of the neighborhood at the top of the incline. It was too difficult to make this incline in the winter and then have to stop. He thought a 3-way stop would be all right, but not a 4-way. The Director of Public Works said it was staff's feeling that having one leg of an intersection uncontrolled, while the other three have stops, could provide for a dangerous situation. Mr. Haglund suggested signs placed a block before the intersection warning motorists of stop signs ahead. to go was Councilmember Friedman felt the way/ to see if the neighborhood wanted a meeting to reconsider this. Another letter could go out saying the signs had been installed but a concern has been raised and if get a response from the neighborhood staff/Council could revisit the issue. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, that the item be pulled off consent and placed on the agenda. The motion passed 7-0. It was moved by Councilmember Friedman to withhold placement of the signs until a neighborhood meeting and determine if they agree to the request for placement. If the neighborhood desires the signs, Public Works has - the right to proceed with placement -- if not, it comes back to Council . The motion died for lack of a second. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, that staff be directed to hold a neighborhood meeting to discuss the issue of stop signs and the configuration of stop signs at that intersection. The motion passed 7-0. -53- City Council meeting minutes May 4, 1992 IF 9i . Traffic study 458 Stop signs on W. 27th at Yosemite Resolution 92-66 It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 92-66 entitled "Resolution authorizing stop sign placement at the intersection of W. 27th St./Yosemite Ave. The motion passed 7-0. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to appoint Joanne Murphy and Robert Bellingham to the Citizens Cable TV Advisory Commission. The motion passed 7-0. Councilmember Meland referenced the memo re the Police/Fire Civil Service Commissions. It was unclear as to whether openings are filled by the Mayor or by the whole Council . It was the consensus that this be researched and ` a report brought back to Council . NEW BUSINESS III lla. Bid tabulation Street work supplies: Sand & crushed limestone By consent, designate SA-AG and E. Kraemer & Son as lowest responsible bidders and authorize execution of contracts for $13,840 and $5,770, respect- ively. llb. Brooklawn neighborhood Councilmember Haun said he had been contacted by representatives of- the_ Brooklawn neighborhood. They have an ongoing parking problem with workers and visitors at Methodist Hospital on Dakota Ave. Staff has worked with the neighborhood in trying to alleviate the problem. Methodist Hospital security has no control over what happens on City streets. Councilmember Haun moved, Councilmember Jacobs seconded that a neighborhood meeting be held to see if special permit parking can be instituted or some other solution to the problem found. The motion passed 7-0. MISCELLANEOUS 12a. Damage claim Christel Heinsen By consent, claim referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks reminded Council of the AMM annual meeting. -54- City Council meeting minutes May 4, 1992 Mayor Hanks had received information from the AMM that sales tax on the fire truck will not be necessary -- representing a savings of approximately $11 ,000. 12c. Communications from the 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 4, 1992 was approved in the following amounts and staff authorized to dispense checks in the appropriate amounts: Vendor claims: $848,636.84 and payroll claims $14,059.91 . 13b. Contract payments (all partial ) 1 . C. S. McCrossan Construction: TH 7/Louisiana. Amount: $22,701 .27 2. J. P. Norex, W. 36th/Aquila reconstruction. Amount: $139,486.60 3. NewMech, Well No. 4 reconstruction. Amount: $120,067.76 4. C. S. McCrossan, Hwy. 7/Wooddale Ave. reconstruction. Amount: $10,344.36 5. Richard Brothers Painting, paint/repair elevated water tower. Amount: $68,604.25 6. Mark J. Traut Wells, monitor well/Platteville aquifer. Amount: $7,932.50 By consent, contract payments approved and payment authorized. 14. Adjournment The meeting adjourned at 10:06 p.m. () Lyle anks, ayor 'ii Akj—bh °ecording ecretary -55-