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HomeMy WebLinkAbout1994/06/20 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 20, 1994 1 . Call to order Mayor Hanks called the meeting to order at 7 : 35 p.m. 2 . Presentations - None 3 . Roll call The following Councilmembers were present at roll call : George Haun, Allen Friedman, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks . Also present were the City Manager (Mr . Meyer) ; Deputy City Attorney (Ms . Pace) ; Director of Community Development (Mr . Hagen) ; Director of Public Works (Mr. Grube) and Finance Director (Ms . McBride) . 4 . Approval of minutes It was moved by Councilmember Latz , seconded by Councilmember Dorfman, to approve the minutes of the June 6, 1994 City Council meeting with the following corrections : First paragraph pg. 94 , put a period after "tonight" and stike the rest of the sentence . At the top of page 98 strike the top three lines. The motion passed 6-0 . It was moved by Councilmember Latz , seconded by Councilmember Haun, to approve the minutes of the June 13 , 1994 study session with the following corrections : Item 2 . Change consensus that Councilmembers Haun and Friedman would get together and bring a recommendation back to Council . Item 4 . Change "Parkshore residents" to "persons crossing. " Item 5 . Change last line to " It was the consensus to put this item on the June 20 City Council agenda with Council expressing favor of waiving the building construction permit fees. " Item 8 . After the word "program" add " and report back to Council . " Item 11 . After potentially in last sentence add "an amendment to the ordinance in the future to cover this . Item 14 . Change word "approved" to "discussed" and add "and to be placed on June 20 agenda. " 100 The motion passed 6-0 . 5 . Approval of agenda It was moved by Councilmember Dorfman, seconded by Councilmember Haun, to remove items 9g and 9h from the consent agenda . The motion passed 6-0 . It was moved by Councilmember Latz, seconded by Councilmember Dorfman , to approve the agenda with the addition of lib . Municipals . The motion passed 6-0 . PUBLIC HEARINGS 6a. Monterey Co-Housing Community 2925 Monterey It was moved by Councilmember Haun, seconded by Councilmember Latz, to continue the public hearing to July 5, 1994 . The motion passed 6-0 . 6b. Al ' s Liquors Amendment to Zoning Ordinance to permit a tavern with conditions in C-2 District David Payne, owner of Al ' s Liquors, addressed Council . Rather than trying to avoid amortization, he wanted to continue running a local neighborhood business much as it has for 22 years with very limited problems . He said his business is a long and loyal supporter of City activities including sponsorship of softball and soccer teams and they hope to be in business for many years . Frank Williams, 3405 Glenhurst, who lives adjacent to Al ' s wanted to say that Al ' s has been a good neighbor. As former president of Minikanda' s Homeowners Association, he also found Mr. Payne to be forthright, honest and pleasant to work with and was considered a good citizen of St . Louis Park. 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 . Councilmember Friedman asked if notices of the hearing had been sent out to the neighborhood. Mr . Hagen said because it is an amendment to the text of the Zoning Ordinance notices were not sent out to anyone other than the applicant . Councilmember Haun felt the Council needed to discuss this more fully and would like to refer it to a study session to look at the alternatives as proposed by staff . It was moved by Councilmember Haun, seconded by Councilmember 101 Friedman, to defer this item to an upcoming study session. Councilmember Dorfman said the issue was not really what kind of a neighbor Mr. Payne has been but what kind of public policy is being set by opening up the C-2 to additional taverns . She agreed more discussion was needed. The motion passed 6-0 . 6c. Enterprise Rent-A-Car Conditional use permit-6801 Wayzata Blvd. Pat Kleinman, Vice President and General Manager of Enterprise, spoke to Council . They were seeking to be allowed to park - additional cars on their premises. Mayor Hanks asked if she were aware of the buffer yard requirements and if they had a landscaped plan. Ms . Kleinman said they did. Michael Horowitz, 16500 Lubbock Lane, Minnetonka, said he had been working with staff on landscaping; in addition, with the new design, the property will come into compliance with the new Zoning Ordinance . Mr. Hagen said he did not have a landscape plan that complies with the current ordinance for the southerly and southwesterly property lines. Councilmember Friedman asked why, since the Planning Commission approved the buffer yard plan, was staff seeking deferral . Mr. Hagen said deferral was suggested subject to receipt of the modified site plan. He thought Council would prefer to see the plan . If Council wanted to approve it this evening, he was comfortable with that . Councilmember Young said he would like it deferred as he had indicated to some neighbors that it would probably be deferred and he may have influenced their not attending. There being no one further 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 Young, seconded by Councilmember Latz , to defer pending receipt of a site plan showing the required buffer yards along the south and southwest portion of the site . The motion passed 6-0 . REQUESTS, PETITIONS, COMMUNICATIONS RESOLUTIONS AND ORDINANCES 102 8a. Demolition 6312 Minnetonka Blvd. Resolution 94-71 It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 94-71 entitled "Resolution regarding order to raze and remove hazardous building located at 6312 Minnetonka Blvd. " Councilmember Friedman asks staff to keep their eye on the building so no children get hurt playing around it . Also, why isn' t the dumpster removed. The motion passed 6-0 . 8b. STEP - Brookside renovation Resolution 94-72 It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 94 -72 authorizing additional financing of $15, 000 for the renovation project at Brookside. Councilmember Friedman noted this is a matching program, not an outright grant at this time. Councilmember Dorfman wanted to clarify that the $15 , 000 was actually "not to exceed" $15, 000 so that if they raised more than that, the City would not be matching that figure, that additional funds would go to the food shelf. It was the consensus to add that to the resolution. The motion passed 6-0 . It was moved by Councilmember Friedman, seconded by Councilmember Young, to waive the building permit fee. Mr. Meyer said in research the files, building permit fees have not been waived in the past and thus the recommendation tonight not to waive. There was concern about precedent being set . Councilmember Friedman said this organization was a service organization not capable of raising huge sums of money to do this project and differs from other organizations seeking funding. The Mayor suggested raising the City' s contribution to $15, 400 or whatever is needed to include the building permit fee. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to reconsider the first motion. The motion passed 6-0 . It was moved by Councilmember Haun, seconded by Councilmember Friedman, that the contribution to STEP be $15 , 484 . 43 for building renovation of the Brookside project . 103 The motion passed 6-0 . Councilmember Latz said the $484 .43 does not include electrical or mechanical permit fees and if it is the intent of Council to effectively cover the cost of the fees . ' Mayor Hanks said when they get the City' s donation matched, they would have plenty to cover electric and mechanical permit fees . Mr. Meyer said upon review by Inspections, permit fees will come no where near the $1500 STEP had originally anticipated. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. City Engineer' s report Virginia Ave . reconstruction Resolution 94-73 from W. 28th to Burd P1 . It was moved by Councilmember Latz , seconded by Councilmember Young, to adopt Resolution 94-73 entitled "Resolution accepting the City Engineer ' s report ordering Project 39-01 , approving plans and specifications and authorizing receipt of bids for reconstruction of Virginia Ave. " The motion passed 6-0 . 9b. Minneapolis request for stop signs France Ave/Sunset Jeff Hickstein, 2856 France Ave. So. , spoke . He was surprised at the recommendation to install the stop signs because at the neighborhood meeting all neighbors were unanimous in their opposition to a stop sign. He thought his decision might have been made because of poor response to his letter - - out of 42 households informed, only four appeared at the meeting. He did think the intersection needed attention but that a 4-way stop was overkill . He suggested crosswalk (s) , `appropriate warning signs . Councilmember Friedman said this item was first brought up some two years ago when there was discussions with Minneapolis for a realignment of that intersection. It was felt that people were getting mixed up between France and Sunset and Minneapolis suggested an intersection alignment . Councilmember Friedman suggested installation of directional signs which did occur and the problems resolved . He was not aware of any accidents occurring or people who seemed confused as to where they were . He asked if a traffic analysis had been done as noted in the resolution. Mr . Grube said attached to the report was a letter from the Minneapolis Traffic Engineer indicating that a study was completed and that they were satisfied the intersection met warrants for a 4-way stop. Councilmember Friedman felt the City would be remiss if it didn' t have its own staff conduct a study . He wondered how the 38 households not attending the meeting felt about it . He suggested taking a look at the whole area to ascertain the best places for 104 stop signs if, indeed, they are warranted as well as looking at the report prepared by Minneapolis . It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, tp, defer this item until a study can be conducted by the III City' s Engineering department . Councilmember Friedman also asked for background information on this jurisdictional history of France Ave. from Excelsior to 39th St . The motion passed 6-0 . 9c. Easement reduction 2036 Flag Ave . Brian Trygstad, 2036 Flag, said he has sold his home but because of a utility easement with the City which clouds the title, they are unable to close and they are asking the City to vacate and remove the indemnification of a portion of the storm sewer upon which the home resides . Councilmember Friedman asked if the City had to gain access to storm sewers which run under properties, can it be done without harm to the structures sitting on the sewer. Mr . Grube said today ' s construction techniques allow the structural integrity to remain in tact if work on the pipes is required. Ms . Pace said the Council would have to make a policy decision on the hold harmless aspect of the matter, i . e . , if repairs were needed and there was damage to the home, does the City want to remain in a position where it would be held harmless for any action the homeowner might bring against the City. Ms . Pace pointed out that someone is going to bear any risk, and that the Council may want to remain in a protected position with a hold harmless agreement . Councilmember Latz asked what the impact would be on the title should the City retain a hold harmless agreement - - would it continue to cloud the title. Mr. Trygstad said that with the indemnification in place, they would not purchase the home. It was moved by Councilmember Young, seconded by Councilmember Haun, to approve first reading, set second for July 5, 1994 and authorize summary publication and to specify in the ordinance removal of the hold harmless agreement . The motion passed 5-1 (Mayor Hanks opposed) . 9d. Capital Improvement Program Resolution 94-74 105 Councilmember Young wanted to make sure the Ford Road improvement slated for 1995 ended up in the final document . Mr. Grube said it 111 would be done in 1995 . Councilmember Friedman said changes could be made in the future, and Mayor Hanks said that was true , that it serves as a guideline . It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to adopt Resolution 94-74 entitled "Resolution approving 1994-1998 Capital Improvement Program. The motion passed 6-0 . 9e. Frauenshuh Development Agreement It was moved by Councilmember Friedman, seconded by Councilmember Haun , to approve the agreement in substantially the form presented and authorize its execution. The motion passed 6-0 . 9f . Traffic Study 477 Stop sign at Salem/W. 29th Resolution 94-75 By consent , adopt Resolution No . 94-75 entitled "Resolution authorizing installation of stop signs on Salem Ave . at W. 29th St . " 9g. Traffic Study 478 update Stop sign at Monterey/W. 40th It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to take no action, i .e. to not post stop signs The motion passed 6-0 . 9h. Traffic Study 479 update Traffic controls at W. 40th St . / Resolution 94-76 40th Lane at Natchez Tom Griffith, 3944 Natchez , spoke in favor of placement of controls. He said the intersection had been monitored on at least two occasions with citations being issued for roll stops . He said some of the neighborhood residents would like to see, other than the placement of stop signs, is crosswalks installed on 40th St . both north and south for the kids going to school . In the past several years, there have been no safety patrol monitors by the school and they are hopeful of this program being resurrected. Claudia Oxley, property owner on southside of the intersection, said she routinely hears the squeal of brakes as people try to figure out from where the east/west traffic is coming. She did not think a stop sign was an unreasonable request for that corner. 106 Ann Dunda, 4007 Natchez, spoke . She pointed out it was a 5-way intersection with several blind corners. She said virtually every person south of the intersection is in favor of stop signs . Josh Gruber, 4608 39th St . W. , was in favor of the stop signs . One factor he felt was important was the number of children who routinely walk to school and play in the park behind Susan Lindgren in the evening. Mr. Grube displayed an overhead and discussed the intersection. Mayor Hanks had concern that if school children thought that cars were going to stop just because of a stop sign, this can create a false sense of security. It was moved by Councilmember Haun, seconded by Councilmember Dorfman , to adopt Resolution 94 - 76 entitled "Resolution authorizing installation of stop signs along W. 40th St . at Natchez Ave . and a yield sign along eastbound 40th Lane at W. 40th St . " Councilmember Dorfman amended the motion that the City send a letter to the School District notifying them of this action and encouraging them to consider placing crossing guards at that intersection. The motion passed 6-0 . 9i . Traffic Study 482 Fire lane designation, Twin Resolution 94-77 Fountains (Shelard) By consent , adopt Resolution 94 - 77 entitled "Resolution authorizing placement of traffic control signs establishing fire lanes at 300, 350, 400 Shelard Parkway. " 9j . Letter to Human Rights Commission By consent, receive for filing 9k. Honeywell/City partnership proposal Councilmember Friedman said he'd like to see this report as early as possible before the July 5 meeting. Councilmember Friedman thought staff was asked to provide the downside/upside of the financial considerations . It was moved by Councilmember Haun, seconded by Councilmember Dorfman, to receive the report for filing. The motion passed 6-0 . Councilmember Latz left the meeting. 91 . May 1994 financial report 9m. Minutes: Cable TV Advisory Commission May 25 9n. 1994 Cable TV Advisory Commission annual report 107 9o. Minutes : Board of Zoning Appeals May 26 111 9p. Minutes: Housing Authority May 10 9q. Minutes : Planning commission June 1 By consent, items 91-9q ordered filed UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks asked that Walt Hartman be interviewed as well as any other individuals submitting applications between now and July 5 . It was moved by Councilmember Young, seconded by Councilmember Dorfman , to appoint John A . Johnson to the Human Rights Commission. The motion passed 5-0 . Councilmember Young noted that some of the commissions have been experiencing attendance problems . He asked that staff do an inventory of attendance -- perhaps some members have had a change in their commitment level . There are candidates who would like to be appointed. Mayor Hanks felt a letter to commission chairs would be appropriate emphasizing that there are candidates who would like to serve on boards/commissions and that attendance is important . NEW BUSINESS lla. Bid tabulation 1994 street materials By consent , designate Richards Asphalt as lowest responsible bidder for asphalt material and Ortonville Stone as lowest responsible bidder for rock and authorize execution of contracts for $31, 612 and $40, 650, respectively. lib. Municipals It was moved by Councilmember Friedman, seconded by Councilmember Haun, to ,donate $300 to the Municipals organization whose Fall banquet will be hosted by the City of St . Louis Park. The motion passed 5-0 . Councilmember Friedman asked if the Vision St . Louis Park committee would be presenting a formal report to the Council upon completion of the first phase. Mr. Meyer said there would be a report to the Council once the Steering Committee has completed its preliminary work which is to identify the issues . They will report what the issues are and report what action there needs to be to get started with the Task 108 Forces to begin implementation. MISCELLANEOUS 12a. Damage claims None 12b. Communications from the Mayor There was discussion about study session meetings . Consensus was to keep topics to a minimum and allow enough time for full discussion. It was suggested each calendar be provided with a calendar on which they can indicate their availability. 12c. Communications from the City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, approve the list of verified claims prepared by the Director of Finance dated June 20 , 1994 and authorize distribution of checks in the following amounts : Vendor claims : $661, 106 . 01 and payroll claims $21, 112 . 63 . 14 . Adjournment The meeting adjourned at 9 :45 p.m. w � )1e W. Hanks, Mayor I QOAY ording Secretary 111 109