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Home My WebLink About1979/01/15 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. 3. Invocation Ro11 Ca11 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA January 15, 1979 A regular meeting of' the City Council was called to order by President Pro Tem Lyle Hanks at 7:32 p.m. None. The followin� Counciluten were present at rol,l call: Ronald Backes Ly�e Hanks �eith Meland Martha Elstrom Jerrold Martin John Ralles Also present were zhe City Mana.ger, City Attorney, Director of Planning and Director of Pub11c Works. 4. Approval of Minutes i It was moved by Councilman Backes, seconded by Councilman Meland, to approve the minutes of the special City Council meeting held December 28,. 1978, as p•rasented. � The motion passed 5-0-1 (Councilman Elstrorn abstained). It was moved by Councilman Martin, seconded by Councilman Bacices, to approve the minutes of the regular�City Council meeting held January 2, 1979, amending page 10, item lOd, to in�lude, "Councilman Martin sai.d he favored designating a covenant on the land as reques�ed by Mr. Weber." The motion passed,5-0-1 (Councilma.n Elstrom abstained). 5. Approval of Agenda The motion passed 6-0. It was moved by Councilman Meland, seeonded by Councilman Martin, to approve the consent agenda for January 15, 1979, as presented. It was moved by Councilman Meland, seconded by Councilman Ra�.les, to approve the agenda for January 15, 1979, with the addition of item 7d, Request for Public Hearing, Body Shop Sauna. The motion passed 6-0: -19- ..; . ji • x s 1 �� 6a. Byerly's Liquox License City �ouncil minutes, January 15, 1979 pUB�IC HEARINGS Application for off-sale i�ntoxicating liquor l,icense, Byerly's Beverages, Inc, as described in Notice of Hearing published December 27, 1978, and January 3, 1979. , re resenting Byerly's Beverages, reviewed Jim Ryan, Ryan Construction Company, p the background of the project with respect to square foota$eindi.catingnthehe future configuration of Highway 100. He exhibited graphic relationship of th� 5,000-square-foot liquor facility to the entire center; its main entrance would be internal off the mall with a possible entrance from the front walk as with the proposed restaurant. A design consultant for the project said aisles, natural woods, carpet, decorative an area for wines and exotic pro�ucts. the facility would contain wide chandeliers, wall coverings and Mr. Ryan, respo�c�ing to Councilman Meland, under the liquor for groceries is planned, only under consideration for liquor. explained a parcel pickup tunneled but due to security problems, is The Counc�.l discussed the possibility of approving the liquor license conditioned upon turther review of allowing liquor to be called for at the grocery pickup. Councilman Meland �uggested the matter would be more appropriately dealt with dur�.ng special permit review. Mr. Ryan continued that the liquor facility is important for marketing f u11- service products to the customer. He added the Byerly's Center w�11 attract many customers who typically would not shop in the area, thereby complimenCing the entire area with new business. He noted the developer does not require any economic or financial help from the City; the development will generate taxes in excess of $130,000 �or the tax-increment base to be used by the City in attrac�in� additional development. In response to President Pro Tem Hanks, Mr. Ryan stated the developer had not requested nor received any reduction in land cost frotn the Hou�ing Au�hority. Councilman Martin asked if deletion of the liquor facility from the project would adversely affect financing and perhaps create a elimate requiring economic assistance from the City. Mr. Ryan explained the request for financing is structured to contain a 5,000- square-Foot liquor s�ore. He felt if the liquor po�tion were to be deleted, a possibility exists.that the application for funds would require restructuring at a disadvantageous interest rate. In response to the President Pro Tem, Mr. Ryan explained he did not intend to apply for a liqupr license for the proposed xestaurant. Philip E. 0'Brien, 3934 Ottawa Avenue, said he represented the southeast neighborhood committee; his concerns were the same as expressed at past meeting� and included the p�oblem df procurability of alcohol by the young. He agre�d with the need for a grocery store and did not want to stand in [he way of progress. He reiterated comments re2ative to the concentration of -20- -� - - -- -_- ---�. - -_ - Ci[y Council minutes, January 15, 1979 liquor esta6lishments in the area. He noted the residential property owners in the area annually pay over $2 million in taxes and must be given some � cnnsideration. As in the past, he suggested the City consider raising license fees. He was also concerned that license approval could cause the demise of some of the other m�rginal establishments in the area. Councilman Elstrom said it was her understanding from area residents that they had not been approached by Mr. 0'Brien on the Byerly issue; therefore, Mr. 0'Brien did not represer�t all 1,451 residents as claimed. There being no one further wishing to speak, the President Pro Tem declared the hearing closed. It was moved by Councilman Mart�n, seconded by Councilman Meland, to approve an off-saie intoxicating liquor license for Byerly's Beverages, Inc.; the provision for customer pickup will be dealt with during s.pecial permit review. The motion abstained). 6b. City Cha�ter passed 4-1-1 (President Pro Tem Hanks opposed; Counciltnan Ralles Amendments to Sections 2.04 and 2.09 of the St. Louis Park Home Rule Charter (continued from November 6, 1978). The President Pro Tem felt the public hearing should be conducted by a full Council. It was moved by Councilman Meland, seconded by Couneilman Ba�kes, to continue the hearing to February 5, 1979. , The motion passed 6-0. 7a. Rose-Mary Utne PE�ITIONS, REQUESTS AND COMMUNICATIONS , Recognition for services; Rose-Mary Utne. President Pra Tem Lyle Hanks stated it was an honor to present a plaque to Ms. Utne for her years of service to the City as a member of the City Council. Rose-Mary Utne thanked the Council, City Manager, City Attorney and staff. She stressed tl�at the Council guard against provincialism and view the City as a whole. She hoped the Council would continue to make decisions based upon merit and not because a matter may be politically unsafe. She suggested meetings must be conducted with proper deeorum and that frivolity should be avoided . 7b. Human Rights Week Proclamation designating February 9-18, 1979, to be Human Righ�s Week in St. Louis Park. The proclamation was app�oved by consant� rZ 1� � _s �; � � • � � � . • ♦ V 1 \ � n � � \ ♦ • • - - f f � —1 � < Y 1. 1 � . { • \ 7c. 7d. �iCy Council Joel Aaron minutes, January 15� x979 Communication from Joel Aaron, 2937 Maryland Avenue. , 2937 Mar land Avenue, sugge&�ed the ow�.ers of the Boul.evard Del , Joel Aaron, y 11-511 and 11-512 of the City'8 are in violation of Sections 11-509, o£ the Otdinance Ordinance Code. He also asked deletion of Sectionment5of(the former ordinance Code relative to snowplowing and requested reinact inion that the City It was his oP resented six prohibiting plowing from 10 p.m. to 7 a•m• He p is in violation of Section 11-516 rela��nSoWnerssincludit�g members of his fami].y petiti.ons executed by three area prope y 7204 Minnetonka opposing "things and incidents coming from the Boulevard Del, Boulevard." , � + In response to Councilman Martin, Mr. existed at 7204 Mi.nnetonka Boulevard property. Aaron explained that a small store at the time his parents purchased their Councilman Martin noted the property is zoned for retaii�edeforHordinanced a history vf the dispute and stated the �larons had been c vi,olation� resulting from the storage of inoperable vehicles. He said the matter is an ongoing neighborhood dispUte which is not in the jurisdiction of the City Council. President Pro Tem Lyle Hanks explained that any member of the Council wishing to request ap amen,dmenfi to the Ordinance Code may do so. He added that Mr. Aaron's letter dated December 29, 1978, and the petitions would temain on file. Mike A,aron, 2�37 Maryland Avenue, stated that every car stored on the pro�erty was operable, and it was the opinion of his father that the �h3.cles did not have to be st�arted to prove the point. He also f elt only the pwner/employees of the Del, and not the public, should be allowed to u5e the driv�way on Ma�yland Avenue; if it cannot be maintained, it should be closed. He suggested the appointment of a lawyer to deal with th e dispute. Body Shap , . License renewal, Body Shop Sauna, 4414 Excelsior Boulevard. The City Manager reported that on January 3, 1979, he denied renewal of licenses for the Body Shop Sauna based upon a conviction on the prernises for violation of City Code and State law. He said the manager and owner of th� establi�shment were informed they could request a public'hearing on the matter and have done so. It was moved by Councilman Meland, seconded by Councilm�n Martin, to set public hearing for 6:30 p.m., February 5, 1979, on renewal of licenses for the Body Shop Sauna. The motion passed 6-0. _22_ �. City Council minutes, January 15, 1979 8a. Amhurst Zoning; Ozdinance No. 1436 RESOLUTIONS AND ORDINANCES Second reading of ordinance changing �zoning classif ication f rom R-1 to R-3; Amhurst. � For clarification, the President Pro Tem and City Attorney explained the matter before the Council was second reading an ordinance changing the.zoning from R-1 to R-3. Request for final plat and special permit approval will be on future agendas. Councilman Martin noted that building design and location and street dedication would also be dealt with during final plat and special permit review. ' Irwin Mandel, 3231 Flag Avenue, felt a zoning change to R-3 would intensify existing problems with West 36 Street traffic; therefore, he felt con5idera- tion must be given to the �umber of units allowed, in that it could be approximately f ive years prior to Gompletion of �ounty Road 18. He cont�inued the Council should a�so consider the addition�l expense to the City for the development of streets and sewers and felt other requirements, such as environmental �tudies, should be conducted prior tQ a zoning change. Roger Hork, 820 Edgemoor Drive, suggested the approved preliminary plat con- tained few of the points requested by the neighborhood. He suggested the Council table the rezoning request for consideration during final plat and special permit review. � Jonathon Gordon, 9900 St. John's Road, said the rezoning would increase taxes by increasing the value of the land which the Cqunty may acquire. Jerry Rotman, 9909 Minnehaha Circle South., did not be limit�d to the change in zoning because of the special permit, plat and zoning. feel the discussion should integrated elemenfis of The President Pro Tem suggested it would be app�opriate to discuss density, but he felt the type of units, design of streets, etc,, would be more appropriately dealt:with dur�ing t�nal plat and �pecial permit reivew. The Planning Director reviewed aspects of the approval proces�, notification requirements an� time involved for platting and rezoning. Responding to Councilman Martin, he explained�an additional publie hearing would be required if configuration including the density of the approved preliminary plat is significantly changed. Brenda Litman, 3301, �ett}�sburg Avenue, asked if the ordinanEe changing the zoning to R-3 could contain a condition li�miting density to a maximum of seven to nine units per acre. She was also concerned with access, traffic congestion and public safety. � Responding to suggestions that rezon3ng as requested would allow the developer to receive a hi�her condemnat�on award from the County, Councilman.Martin said a legal question could be raised that the Comprehensive P1an currently allows me�iym density which may already .imply a higher use €or condemnation purposes; rezoning is to cAnform �o the density whi�h currently exists in the Comprei�eneiye Plan. -23� � �y .i. . . . . . � . . . . .. . •��1 v � � � � rove rezoning for t�he Tlze Co,uncil discussed W�nChandinot�the entire area as requested porGion of the developm applicatian for zoning change. '�he City Attorney explained the Counce�resuonsibilityr proposed ordinance. He said iz is th ro �r�y� and determine appropriate land uses for all p p gaverned by the form of the application/proposal. Phase I in the an amendment of the Council the Council is to the to not � Councilman Martin wondered if it might not be con.sidered punitive to deprive the owner of economic gain by elimination of Phase II• After turther discussion, �.t was moved by Councilman MerNon'1436onentitled Councilman Backes, to waive reading and adopt Ordinanc "An ordinance amending Che St. Louis Park Ordinance Code, changing the boundaries of zoning districts." Councilman Martin pledged to wprk with the developer and staff to ensure that the concerns expressed by the neighborhood are dealt with. In response to Counei.lman Elstrom, the City Manager explained the permitted land uses and density allowed in R-3 zoning. He said the developer's proposal will require a special permit. The motion passed 6-0. 8b. Suburban Rate Authority; Resolution No..6207 8c. Collateral; Resolut�on No. 6208 Resolution designating director and alte�nates to Suburban Rate Authority. Resolution No. 6207, entitled "Resolution � designating director and alternate d�.rectors to Suburban Rate Authority," was adopted by cvnsent. Resolution approving securities for collateral. ' Resolution No. 6208, entitled "Resolution approving securities for collatetal from Northwestern Bankwest, Hopkfns, Minnesota," was approved by consent. • REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Community Relations Commission 9b. Health Advisory , Committee Minutes of Community Relations Commission meeting held December 14, I978. There being no discussion, the minutes were received for filing. Minutes of Health Advisory Committee meeting held December I4, 1978. There being no discussion, the minutes were received for filing. -24- 9c. City Council minutes, January 15, 1979 . Planning Minutes of Planning Commission meet�.ng held Commission January 3, 1979. 9d. Water Quality; Resolution No. 6209 There being no discussion, the minutes were ordered received for filing. Resolution rela�ting to Oak Park Village; Water Quality Committee. It was moved by Councilman Backes, seconded by Councilman Martin, to waive reading and adopt Resolution No. b209, entitled "Resolution of the City Council amending Resolution No. 6184 and supporting formation of a committee to engage in the study, implementation and funding of activities to abate environmental problems associated with pollution of the aquifers in the St. Louis Park area." - Cpuncilman Elstrom noted the�resolution indicated committee formation to be completed no later than January 15, 1979, and wondered if the da�e should be changed. President Pro Tem Lyle Hanks felt� the date was a goal and did not feel its amendment necessary. The motion passed b-0. .;; 9e. � Human Rights L�� Commi s s i on ,n; : ,. ; �. 9f . Pedestrian Safet ,r i�' 10a. A; J. i l' , ,;; �. AP�o intment s applicants Recreat�on meeting. Minutes of Human Rights Commission meeting held December 13, 1978. There being no discussion, the minutes wer�e ordered receiyed for filing. Report on pedestrian safety �rogram implemenCation. There being t�o discussion, the report was ordered received for filing. �JNFINISHED BU�INESS Appointments commissions. to City advisory boards and Councilman Backes requested that interviews wi.th unable to afitend the January 15, 1979, session for the Park and Commission vacancy be scheduled prior �o the F�bruary 5, 1979, �25- lOb. Revenue Bonds �---- lOc. lOd , City Council minuties, January 15, 1979 Residential mortgage revenue bonds from January 2, 1979). def erral of the (def erred The City Manager reported that Miller and Schroeder Municipals, Inc., has requested item until February 5, 1979. It was moved by Councilman Meland, the item unril February S, 1979. The motion passed 6-0. Tri-Cit seconded by Councilman Ralles, to def er Report on �tri-city f ilm. � Film Councilman Elstrom reported the film will emphasize residential qualities of the three cities, and she was requested to �upply information on what is unique in St. Louis Park. She requesred that members of the Council having suggestions contact her. She continued that several St. Louis Park residents have been interviewed and have indicated they shop in Hopkins and recreat� in Minnetonka. Control Pane1 Water and sewer control panel. It was moved by Councilman Meland, seconded by Councilman Backes, to authorize execution of contract with Orr-Sehelen-Mayeron & Associates to design water and sewer control system based on preliminary engineering report prepared by E.M.A., Inc., at $13,750. The motion passed 6-0. lla. S� Committee NEW BUSINESS City Council Sign Committee recommendat�on. Councilman Backes suggested the Gouncil may � wish to review the materials tor amendments, etc., and at a future meeting authorize preparation of an ordinance and . �. set public heaX�ng. He explained the final draft is not a unanimous act of the Committee and contains areas for the Council to deal with as a whole. It was moved by Councilman Meland, seconded by Councilman Backes, include the item on the February 5, 1979, agenda under unf inished and that notices of the meeting be sent to interested public, The motion passed 6-0. to business, Councilman Backes explained the Committee removed the petition of the Cambridge Towers residents from the table at its last meeting. He said the matter i$ not dealt with specifically in the final draft of the proposed ordinance but in a general manner. '26- � i � rr�....-+-�--. .► __ CiCy �ouncil minutes, January 15, �.979 llb. Driveway; Request for driveway variance at 3825 Edgewood 3$2S Edgewood Avenue Avenue; Ace Manufacturing, Inc. ' . It was moved by Councilman Meland, seconded by Councilman Ralles, to approve the variance as requested. Councilman Martin of£ered an amendment to the motion requiring that the loading docks be designed to avoid �he necessity of parked trucks encroaching onto public right of way. The motion as�amended passed 6-0. llc. Bid Tabulation Tabulation of bids for street sweepers. Cauncilman Max�in asked if th�, City's sweepers are inoperable or if the City could sel� them at a 1�igher value than realized in th� trade process. The City Manager explained the bids were received bas�d pn trade-in rebate. Couz�cilman Martin di�cussed the four �riteria eontained in the staff report and wondered if an exact decibel, comparison had been conducted. The City Ma.nager explained the conclusion caas not reached by decibel measure. Counci�.man Elstrorn wondered when City cx�ews wou�d find �.t necessary to op�rate a sw�eper at SO miles per hour. Cpuncilman Mart�n state�i he received calls from constituents opposing dumpi.ng and storage of debris; he would favor a larger caparity. It wae moved by Council�man Ralles, seconded by Councilman Elstrom, �o designate Irasca Equipment Company lowest responsible bidder and authorize execution of contr��t for two mobile street sweepers at $59,400. The motion p�seed ��-0. lld. _H�o_u_s�i_n�. laP` n The motion paased 6-0. 12a. Dama e Claime � City Attorn�y by co�nsen�. Houeing Assiatance Plan 1979-1,981, It was moved by Counci�,man Meland, seconded by Councilman Elstrom, to approve the plan as presen�ed. MISC�LLANEOU� T�amage claim - Sheldon M. �remblatt. The CounciJ, authorized filing cla3m with City C1erk for proper ac�ion by City Manager and �27- � �. Ci�y Council minutes, January 15, 1979 12b. Communica�ions from Pre�ident Pro Tem 12c, Communications from Citry Manager The President.�ro Tem reminanuarhel9�ul97g�of the legis1.ative breakfast J City Hall. 7 a.m., at the Golden Valley 1) The City Manager announced an additional building inspecCor would be retained. � 2) seconded by Cauncilman Martin, LEAA tri-city gran�. The motion passed 6-0. �, LEAA Grant - It�was moved by Councilman Backes, to authorize application fvr continuation of 3) The City Manager notif ied the Council of various state/county meetings and sessions. 4) Capital Improve�ent Program - The Council agreed to conduct its Capital Improvement Program review on January 20, 1979, a�. 9 a.m. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS , 13a. V�rified Upon motion by Councilman Meland, seconded by Cla� Councilman Ra11es, the l,ist of verif ied claims prepared by the Director of Finance and directed to the City Council, dated January 15, 1979, in the total amounts of $308,366.42 for vendors and $8,798.57 for payroll, were approved, and the City Manager, City Clerk and City Treasurez were authorized to issue checks in the same amounts by a vote of 6-0. 13b. Contract Payments; Resolution No. 6211 1) Final payment, Projects 74-24 and 74-2�, streets, utilities and lighting, Oak Park Village�, West Suburban Utility Contractors. Amount: $11,339.52. It was moved by Councilman Meland, seconded by Councilman Ra11es, to waive reading and adopt Resolution No. 6211, entitled "Resolution accepti�ng work on streets, utilities and lighting, Improvement�Nos. 74-24 and 74-25." The motion passed 6-0. 14. Adjournment At t: �ever�y F1�agan� Recording ecretary On motion by Councilman Meland, seconded by Councilman Martin, the meeting was adjourned at 10�,25 p.m. b a vote of 6-0. � ; `�, �� ,, L�ile Hanks President Pro Tem -28-