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