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Home My WebLink About1978/01/03 - ADMIN - Minutes - City Council - Regular� MINUTE5 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 3, 1978 A regular meeting of the City Council called to order by Mayor Stern at 7:32 No invocation was given. was p.m. The tollowing Councilmen were present at roll call: Ronald Backes Rose-Mary Griak Keith Meland Leonard Thiel Irving SCern City Manager, = Public Works. City ACtorney, Director of Planning It was moved by Councilman Backes, seconded by Councilman Griak, to approve the minutes of the regular City Council meeting held December 19, 1977, as presented. The motion passed 4-0-1 (Councilman Meland abstained). 5. Approval of Agenda The motion passed S-0. 6a. Freidberg Addition It was moved by Councilman Griak, seconded by Councilman Backes, to approve the agenda for January 3, 1978, as presented. PUBLIC HEARINGS Application for preliminary plat to redivide two parcels; Freidberg Addition, West 26 Street/ Princeton Avenue, as described in Notice of Hearing published December 21, 1977. Robert Schwartz, representing the applicant, stated that the subdivider would provide for the three conditions contained in the Planning Department report during final plat approval. The Planning Director explained that the three conditions would be dealt with during preparation of the f inal sewer/water service was not pla� and if drainage and sani[ary required to enter into a conttactdwithtthea��time, the subdivideT would b� time for him to complete the impYOVe�ent, ty specifying the amount of -„- � � City Council minutes, January 3, 1978 There being no one further wishing to speak, the Mayor declared the hearing cl.osed. It was moved by Councilman Griak, seconded by Councilman Backes, to approve the preliminary plati of Freidberg Addition with the following conditionss 1) that the plat be modified to show the extension of West 26� 5treet at a 30-foot width to the east line of the plat anct that a utility easement 6 feet wide be provided as described; 2) adequate elevation and drainage information be provided; and 3) the proposed unimproved single-family lot �e provided with required sanitary sewer and water service to the lot line as required by the Subdivision Ordinance and that appropriate plans be submitted for review. The motion passed 5-0. 6b. Liquor License; Cafe Sabra, Inc. Application for intoxicating liquor license, on-sale wine only; Cafe Sabra, Inc., 8930 Highway 7, as described in published Notice of Hearing. There being no one wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Griak, seconded by Councilman Backes, to grant an intoxicating, on-sale wine only, liquor license to Cafe Sabra, Inc. The motion passed 5-0. 6c. Liquor License; VFW Post Application for Sunday license, St. Louis Park 5605 West 36 Str4et, as Notice of Hearing. sale intoxicating liquor VI�W Post No. 5632, described in published � John Dole, Post Commandor, explained that the establishment would not be open each Sunday, but f or certain fund raisers and projects. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Meland, seconded by Councilman Thiel, to grant a Sunday sale intoxicating liquor license to the St. Louis Park VFW Post No. 5632. The motion passed 5-0. 7a. UNICEF PETITIONS, REQUESTS AND COMMUNICATIONS Certificates of appreciatiion to UAIICEF volunteers who participated in the 1977 Halloween Drive.' • Mayor Stern presenCed Certificaties of Appreciation to Chairman Diola Dreessen and the following school coordinators for their hours o£ service: Marcia Oleisky, Judy Graham, Karen Casey, Joyce Smith, Linda Smullen, Vicky Gries and Cindy Lurie. -5- CiCy C ouncil minutes, Januaxy 3, 1978 for its support; Viola Dreessen thanked the Council irls brought rincipals and junior high g volunteers, p oi ca.�ing and commltment to enthusiasm and a quality Drive. Sa. Building Moving Permits RESOLUTIONS AND ORDINANCES she said the team of cooperation, the 1977 Halloween Second reading of Ordinance relatinS to building moving Code amendment permits. _ Ken Ernst, Ernst House Movers Corp., 9400 85th Avenue North, stated that several years ago, the City raised its permit fee from $50 to $200 S°der�loweringlitsgf eesHasSind the City was approached and requested to con ested the $100 other communities which average $25 per permit f ee. He sugg fee contained in the proposed ordinance excessive and exp lained the Minnesota Building Movers Association's position is that the City is attempting to put all moving situations into one group. Mr. Ernst said the Association recommends that when a building is moved into the City, those expenses such as extra inspections, mileage, etc., which are not relative to the actual�moving permit, shoul.d be added to the cost of the building permit. Mr. Ernst further explained that the biggest item of contention is the $40 fee for a police escort. He said when making a house move, it is rare to not traverse State or County roads and these agencies require two escorts for each move. He added that the St. Louis Park ordinance code does not require a police escort and indicated that when moving buildings through St. Louis Park his firm has never been provided an escort; he suggested he was being charged $40 for services which were not necessary and which were not provided. He recommended that City police escort b e hired to assist on moves which require extra help, for which the City may assess the mover reasonable fees to cover its expense. He said his f irm had moved two or three houses out of the City in the last year. Phillip Diepke, representing the Minnesota Building Movers Association, stated his family has been in the building moving business for 75 years and for the past 15 years he had not moved any buildings in St. Louis Park� He concurred with the above statements and recommendations of Mr. Ernst. In response to a question from Councilman Meland, he explained that building movers seldom speculate; most moves are contracted f or by the homeowner. It was moved by Councilman Meland, seconded by Councilman Baekes, to defer second reading of the proposed ordinance to January 16, 1978, to allow staff to prepare a report covering the recommendations of the Building Movers Association and breakdown of City charges/expenses. The motion passed 5-p, i -6- 8b. STEP; Resolution _i . -- .�:_ City Council minutes, January 3, 1978 Funding rec�uest; St. Louis Park �mergency No. 5932 Program (STEP). Sue Nelson, STEP Director, stated there was a possiliility that STEP may receive funding from the MTC to aid its transportation program. She referred to Board Chairman Kelsey's letter of December 22, 1977, which listed priorities of need and the difficulty in stating amounts for specific programs until the basic funds for a Director are obtained. It caas moved by Councilman Backes, seconded by Councilman Griak, to waive reading and adopt Resolution No. 5932, entitled "Resolution appropriating funds to STEP," in the amount of $5,000. The motion passed 5-0. 8c. Securities; Resolution No. 5933 Resolution from First Resolution approving securities for collateral. It was moved by Councilman Thiel, seconded by Councilman Backes, to waive reading and adopt No. 5933, entitled "Resolution approving securities for collateral National Ban�:. of Hopkins, Hopkins, Minnesota." The motion passed 5-0. 8d. Official Newspaper; Resolution No. 5934 designating legal newspaper Resolution designating legal newspaper for 1978. It was moved by Councilman Thiel, seconded by Councilman Griak, to waive reading and adopt Resolution No. 5934, entitled "Resolution for the calendar year 1978." The motion passed 4-1 (Councilman Meland opposed). REPORT5 OF OFFICERS, BO�RDS AND COMMITTEES 9a. 1978 Assessment Rates Establ�shment of assessment ral-.es for 1978 street improvements; deferred from December 19, 1977 (M. & C. No. 77-104). ,.. It was moved by Councilman Griak, seconded by Councilman Meland, to designate $10 per front foot as the 1978 street re- construction assessment rate. Mayor Stern reminded the Council that the City subsidizes tlie actual project cost and due to the annual increase of this cost, could anticipate problems if the front foo� assessment rate was not increased as well. -7- � City Council minutes, January 3, 1978 es referred to the 6-9 percent inflation raCe on new Councilman Back cons truction pro� ects and complimented staff f.or �hande1977Se HeV�eltg off of the City's front foot project costs ln 1e� front foot. that the City should continue its rate of $LO p Councilman Thiel noted that approximately 75 P ercent of the City's paving, er has been insCall.ed and su��Gt�d Chat the City continue curb and gutt �`�r' its present policy of $10 front foot .Eor at le��st one more y Councilman Griak felt the City should attempt i978°�ostsereflectrthe lOn` struction under the currenti prices and if tlie percent estimated increase, the Council can consider increasing the assess- ment rated in 1979. Councilman Meland indicated tliat street improveaeWo�thwhile�investmentn neighborhoods and suggested the City s subsidy for both its residential and commercial reside�he.budeet�ted that the levy for bonded indebtedness is a specific part of g The City Manager stated the City mafootnfort1978ficHetsaidoifathepassess- costs in the area of $16 per front i� �„�ould then become necessary ment rates were not increased accordingly, to use monies from the general fund. The motion passed 4-1 (Mayor Stern opposed). 9b. Park Hill II Park Hill II Study (deferred from November 21, 1977); minutes of neighborhood meeting held December 15, 1977. * � The Covncil was presented copies of a petition by nine residents from the Ottawa/Natchez Avenue area opposing City con- demnation of single-family houses in the area for resale to private developers for apartment building construction. The Planning Director presented the concept of Park Hill II and briefly summarized relevant key points discussed at the December 15 neighborhood informational meeting and contained in the Park Hill Study, Part Two, November, 1977. The Planning Director referred to the concern expressed by the petitioneYs and stressed that the need for the City's involvement to ensure that the plan objectives are economically feasible had not been f ully explored. He said that if the Council accepts the illustrative plan, this need could be further studied. He reminded those present that a large portion of the land on Natchez and Ottawa Avenues south of Minnetonka Boulevard is zoned multiple family and commercial. He explained there is concern due to the need for street and utility improvements in the area, and the styling and street structure would depend upon an approved �oncept plan for the area• -8- 9c. City Council minutes, January 3, 1978 George and Marilyn Ash, 3040 Ottawa; Thyia Placek, 3024 Otta��a; Robert Forester, 3049 Ottawa; Herman Madnick, 3053 Ottawa, Pc�ter Storino, 3049 Natchez; Beatrice Skinner, 3044 Ottawa; voiced oppositio�l to any change from the existing single-fami_ly development to high-density development in their neighborhood for the following reasons: Multiple-family development in the area would provide considerable tax revenue but the existing single-family homes are well constructed and house older citizens living on social security as well as young families with children who could not afford to own homes in other areas; there is easy access to transportation, commercial facilities and fine schools. Several homeowners had recently remodelled their houses and cited the fundemental right of Americans to de.cide disposition of their property. The property owners did not feel t�ie area was blighted and suggested this appearance was caused by the condition of the streets. Several residents had owned their homes for 30-40 years and with the exception of the street condition, had pride in their neighborhood and did not wish to relocate. Mayor Stern explained that although cities have the right to eminent domain, St. Louis Park is far from condemning houses. He stated that the Council would not have scheduled a neighborhood meeting if this was the intention and the Council must analyze the entire situation prior to approving a plan for the area. It was moved by Councilman Griak, seconded by Councilma� Backes, to ref er the study for further review by the Planning Department and Housing Authority with emphasis placed on preserving and enhancing the existing single-family development on Ottawa and Natchez Avenues between Minnetonka Boulevard and West 31 StreeC. Councilman Griak suggested that in the future the Council will be reviewing similar areas with respect to the Comprehensive Plan and t��ir £utures. She felt th�t concept plans have a way of becoming a recommcndation in various forms and she was supportive of the neighborhood's c�ncerns. Councilman Thiel suggested when the Housing Authority area. The motion passed 5-0. Green Hills that a spokesman for the neighborYi�od be notified and/or Planning commission study the plan for the Concept plan for Green Hills area West 36 Street). (County Road 18/ The Planning Director e:�plained that the property owner and the potential developer had presented a concept plan with a higher density than allowed in the Zoning Ordinance and the Comprehens�mme ceme t� of ae �uay. of e stated that tihe Planning Commisndmenteformtheearea. He adde:i that the possible Comprehensive P1an ame developer agrees to participate in the study and understands rhe ►iature of a Comprehensive Plan amendment would require approximately 60 days. -9- City Council minuCes, January 3, 1978 that a difficulty arose at the Planning Council.man Backes explained lan which • �ohen the developer presented oneionnwastalso being Commission meeting een reviewed by staff and indicated considerat etc.. He said Che had b bu�.lding elevaCions, given �o alternat�.ve densities, �, and until that time, Planning Commission must now re-reviewi1h�Q��prove. there is no concePt plan for the Counc Councilman Griak, to It was moved by Couizcil.man Meland, See°P1�n for the Green Hills area in authorize a study of the Comprehensiv terms of allowing higher density development� not to exceed 18 units per acre. T11e motion passed 4-0-1 (Councilman Thie]. a hstained) . 9d. Noise Limits; DDD and PUD Councilman Meland, reading January 16, First reading of amenclment to Ordinance Code relating to esCablisl�ment of noise limits in DDD and PUD Zoning Districts. It was moved hy Councilman Backes, to waive first reading of ordinance and set 1978. The motion passed 5-0. 9e. Parks and Recreation Advisory Commission seconded by second Minutes of the Parks and Recreation Advisory Commission meeting held December 14, 1977. There being no discussion, the Mayor ordered the minutes to be received for filing. 9f., Planning Commission Minutes of the Planning Commission and Streets and Highways Subcommittee meeCings held December 21, 1977. There being no discussion, the Mayor ordered the minutes to be received for f iling. 9g. Human Rights Commission Minutes of the Human Rights Commission meeting held.December 14, 1977. There being no discussion, the Mayor ordered the minutes to be received for f iling. 9h. Housing Authority Minutes of the Housing and Redevelopment Authority meeting held December 13, 1977. There being no discussion, the Mayor ordered the minutes to be received for filing. - ]. 0- City Council minutes, January 3, 1978 9i. 5hakey's Pizza; , Request for fire zone amendment; Shakey's Fire Zone Pizza, 6501 Wayzata Boulevard. It was moved item. There was no second to the motion. by Councilman Griak to table the It was moved by Councilman Backes, seconded by Councilman Meland, to sustain Fire Zone I designation for the property. The motion passed S-0. Councilman Backes discussed the building permit improvement valuation of $20,000; he noted the letter from 5hakey's attorney stating that the $180,000. application indicating an statement contained in the remodelling amounted to It was moved by Councilman Backes, seconded by Councilman Griak, to direct staff to investigate the discrepancy in that building permit fees are structured on the dollar amount of the construction, and that the contractor �r Shakey's be treated in accordance with the Ordinance, and a double fee may be appropriate. The motion passed 5-0. 10a. Appointments Councilman Backes, UNFINISHED BUSINESS Appointments commissions. to defer The motion passed 5-0. lOb. Block 3, Oak Park Village It was moved the item. to City advisory boards and by Councilman Griak, seconded by Oak Park Village; resolution authorizing adoption of an agreement between developer, B1ock 3, and City. Dave Sellergren, representing Jon Dickerson, intended developer of Block 3, Oak Park Village, stated that although a letter of intent with the Housing Authority WasinXeFinance.Agencysand t�e past, purchase, closing with the Minnesota Hou g syndication all remain pending due to environmental concerns of the potential underwriters. He noted that in April, 1977, the City entered into an agreement with the PCA summarized in par�heaunderwriters indicate tion he presented to the Council and added that the project cannot be sold without indemnification offrom anVelegal orderts successors or assigns from 1ass of rentals resulting y rEco nizing prohibiting occupancy. He requested a�eSCouncil Lo�adopt theyresolution and ma.king these assurances and asked the dated January 3, 1978, containing the following summarization of amendments requested by the developer: -11- i City Council minutes, January 3, 1978 "The City will indemnify the redeveloper, its successors or assigns from b h sicai destruction or damage of structures on the loss caused y P Y uired by public agencies of contaminated property due to any eYcavation rec� . i on the roperty or due to other remedlalfm�enCals resultingtfromlany so 1 p . • and from loss o or groundwater contamination� or court which prohibits occupancy of legal order of a public agency eriod of 1� months housing units on the property limited to a maximum p for any housing unit or to a total of $420,000 for all claims on all units. Provided, however, that this provision shall not cons�itute a waiver by redeveloper, its successors or assigns of righ ts or remedies available pursuant to other agreements or other appllcabl.e law." In response to a qu�stion from Councilman Thiel, Mr. Sellergren stated that the 12-montl� indemnification for loss of rents would commence at the time one of the housing units became vacant, and the $420,000 maximum applied only to the loss of rentals. With respect to which units' loss of rent the City would be responsible for, he said, for example, if the City issued a Certificate o£ Occupancy and the developer has rented 25 units, but is prohibited Erom renting the remaining 25 units by order of the court, the City would be responsible for Che loss of rents for these units. Mr. Sellergren explained that the total construction cost will amount to $3.1 million. He said the developer would like to close with the MHFA January 6 or 9, 1978. Councilman Backes referred to item 3) and suggested the language leave� doubt with respect to action by the City, in that the City is a"public agency." He wondered if some type construction deficiencies were determined by the City, if it could be construed that the City is responsible f or lost rents. Mr. Sellergren stated the intent was to not include the City as a"public - agency." Councilman Meland suggested that in item 2), the phrase "or due to other remedial measures relative to soil or groundwater contamination" was perhaps not specific in that he was unsure of the parameters. He suggested the City Attorney should review f or clarif ication. The City Attorney suggested that the developer's suggestions/amendments to the proposed resolution of agreement should be studied with respect to clarification. He felt that paragraph 4 should indicate that tests conducted to date do not indicate any pollution. He said a potential question is whether or not the agreement will supersede the agreement with the Housing Authority and will be the final involvement; a further question could be whether or not the Council would want the ag�eement to be in addition to any other remedies or exclusive to any other remedies undertaken by the City. After further discussion, the Council tentatively scheduled a meetin� on the item at 4 p.m., January S, 1978 (the meeting was held at 6:30 .m., January 9, 1978), P -13- City Council minutes, January 3, 1978 l�c. Stipulation Status report on pollution abatement, Oak Agreement; Oak Park Village; draft amendment to Water Quality Park Villgge Stipulation Agreement. It was moved by Councilman Meland, seconded by Councilman Griak, to defer the matter to February 6, 1978. . The motion passed S-Q. lOd. Well Closures; Oak Park Village Preliminary engineering report; closure of City- owned wells, Dak Park Village (deterred from December 19, 1977). The City Manager explained that one of the items contained in the proposed stipulation agreement required the closure of City-owned well Nos. 1, 2 and 3. On November 23, 1977, the Minnesota Department of Health cited six criteria required for its approval of the closings; the PCA indicated the City's preliminary engineering report is in conformance with its request. He added on January 3, 1978, the City received an oral communication from the Department of Health requesting that Old City Well No. 1 remain open for monitoring purposes. It was moved by Councilman Thie1, seconded by Councilman Meland, to defer the item to January 16, 1978. The motion passed 5-0. 1De. Park Properties Councilman Backes, to of $77,400 contained Acquisition of Park Properties. It was moved by Councilman Griak, seconded by approve acquisition of Park Properties in the amount in an escrow account. The motion passed 5-0. lla. Deferred Special Assessments NEW BUSINES5 Follow-up report on deferred special assessments for senior citizens with incomes less than $8,000 annually. There report to be received for f iling. llb. Community Center Councilman Meland, Commission for name being no discussion, the Mayor ordered the Name designation for community center at Nelson Park (former Carney warehouse). �It was moved to refer this matter designation. The motion passed 5-0. -13- by Councilman Griak, seconded by to the Parks and Recreation Advisory City Council minutes, January 3, 1978 llc. Community Development Pro ram Councilman Griak, to Community Development January 30, 197$. Community Development Program 1978-1980; minutes of the Task Force mee�ings held. December 8 and 15, 1977. It was moved by Councilman Meland, schedule public hearings on the 4th year plan at 7 p.m. January 16, 1978, and 7 The motion passed 5-0. lld. Monk Avenue; Resolution No. 5935 Detail design plans for Avenue south of Highway seconded by p.m., reconstructiQn of Monk 7. It was moved by Councilman Backes, seconded by Councilman Griak, to waive reading and adopt Resolution No. 5935, entitled "Resolution approving plans, specif ications and special provisions for the construction of County State Aid Highway 20 (Mvnk Avenue)." The motion passed 5-0. lle. Declaratory Judgment Declaratory judgment on behalf of Councilman- elect riartin. It was moved by Councilman Thiel, seconded by Councilman Griak, to authorize answer. The motion passed 5-0. 12a. Damage Claims 12b. Communications from Mayor 12c. Communications from City Manager CLAIMS MISCELLANEOUS None. None. The City Manager reminded the newly elected Council members of a newly elected officials school to be held at the Hotel Sofitel on January 28, 197g. He said staff will make arrangements i£ members wish to attend. APPROPRIATIONS AND CONTRACT PAYM�Tm� _ - . a v 13a. Verified Claims Upon motion b y Councilman Meland, seconded by Councilrnan Thiel, the list of verified claims prepared by the Director of Finance and directed to the City Council, dated January 3, 1978 in the total amounts of $265,123.81 for vendors and $2 g approved, and the City Mana er � 31 f or payroll, were authorized to issue checks in thelsamelamk and City Treasurer were ount by a vote of S-0. _14_ � � ..�._. . .... _ _,. . . .. _ _ 13b. 14. n Ci t;� C�uncil minutes, .Tanuar�� 3, 1978 Contract Payments Czty Clerk anci iJpon motion by Councilman Griak, seconded by Councilman Thiel, the following plyments on contract work presented by the acting Director of Public Worlcs were approved and the City Manager, City Treasurer were authorized to 2ssue checics for their respective amounts by a vote of S-0. . 1. Partial payment, Killmer Electric Co., Cedar Knoll lighting, Project No. 77-62. Amount: $9,720. 2. Partial payment, Bury & Carlson, paving,curb and gutter, Project Nos. 77-02, 77-08A and 76-25. Amount: $18,176.10. 3. Par.tial pa}Tment, �orthern eont�ractin� Co., watermain, Project Nos. 73-13, 77-O�B, 77-08C, 77-34, 77-35, 77-36 and 77-36A. Amount: 510,227.01. Adjournment est: Beverly Flanagan Recording Secretary On motion of. Councilman Meland, seconded by Co ncilman Thiel, the meeting was adjourned at 10�5 p.m. by a vote of S-0. Irv�ng M May r '(�.� " �` Stern