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HomeMy WebLinkAbout1979/10/15 - ADMIN - Minutes - City Council - Regular1. 2. 3. C��11 t� Order Presentations Ro11 Cal.l MZK[ITI:S CITY GQUNCxL MI:FTINC ST. LOUXS PAR�C, MTNNf�SOTA October J_5, 1979 A re�«lar called to 7:34 p.m. m�etin� o� the CiCy Council was order by Mayor rrank J. Howard at Mayor �Ioward pre�ented a resolution of ��ppreciaGion to Fire Chief Omar McGary commending Mim �or his 33 years of service �o the community. The following Councilmen were present at roll c�11• . IZon�l.ci Backes Jerrold Martin ' Ly�.e Hanks Keith Meland �� I�'rank J. Howard John Ralles � Also �resent were the City Manager, City Attorney, Director of Planning and D:Lrector of Public Works. 4. Approval of Minutes The motion passed 6-Q. 5. Approval of Agenda The motion passed 6-p, Tt was moved by Councilman Meland, by Councilman Ra11es, to approve th of the City Council meetings held September 24 (two sets) and October sets), as presented. seconded e minutes 2, 1979 {two It was moved by Councilman Hanks, seconded by Councilman Backes, to approve the consent agenda for October 15, 1979, as presented. It was moved by Councilman Ralles, approve the.agenda for October 15, Item l0aa, Purchase of Properties Education Conference. The motion passed 6-0. seconded by Counci�man Hank�, to 1979, with the following additions: from Paul Eddy; Item 111, Community -334- Cicy Cou�cil minutes, �ctoher 15, 1979 �a, D3rre1 �. Farr �,,,-t���e Bonds PUBLIC HEARINGS Darrel A. Farr Development Cor b ond req uest (continued f rom Septemberg4gb i�venue 1979). , There being no one prese�t wishing to speak, the Mayor declared the hearfng close�. It was moved by Councilman Martin, accept the Program for the Issuance dated October 9, 1979. The motion passed 6-0. seconded by Councilman Hanks, to of Multifamily Mortgage Revenue Bo�ds �a, Multi-Housing Corp. International Multi-Housing Corp., mortgage Mortgage Bonds revenue bond request (continued from September 17, 1979). . ." It was moved by Councilman Hanks, seconded by Councilman Backes, to continue the hearing to November 19, 1979. The motion passed 6-0. bc. L228 Toledo Avenue; Resolution No. 6401 Application of Ronald Hanson for variance in side yard and floor area ratio at 4228 Toledo Avenue, as described in Notice of Hearing published October 3, 1979. . Virginia Wolfgang, 4221 Utica Avenue, presented a letter signed by Richard Mi11s 4216 Toledo and W.H. Olson, 4229 Utica, opposing the application. �She believed the Ordinance is to protect all citizens and said the 40-foot lot was not suff icient width to permit expansion and, if approved, could set a bad precedent. Ronald Bennett, 4224 owner most affected detriment. Ronald Hanson, addition would neighbarhood. Toledo Avenue, explained he would be the property by the addition and did not believe it would be a 4228 Tole�o Avenue, reassurred the Coideration�ofhthe be cons�ructed in good taste and cons There being no one f urther ��rish.ing Co speak, hearing closed. the Mayor declared the In response to uesticns f._om Councilmen Martin and Hanks, the Planning q r nd f loor addition would not encroach Directoz explained th� FI opos�d seco f irst f loo� • He con- any further into the side ya�� than the existing lot area with building tinued that the proposal would cover 6/1-� of the and th� maximum in the R--2 Distiict is 3/10. R-.�a:�... ��,ty Counci.l niinutes, OcCober 15, 1979 h floor area were confusing, in ��r � Hc�1lSOI1 sug��S��� the f igures f or t e - at if only tl�e portion of the structure.o�hehadditional�percentage �-t� Wou1d be covered, � sidered. 3/10 of the lot � includes the second floor area. Councilman Backes, seconded by Councilman Ralles, to It was moved by �6401 entitled "A resolution waive reading and adopt Resolution No. � granting variance in side yard and floor areae�it°sidemyardsiof four33 of the Ordinance Code relating to zoning to p anri siA feet and a floor area ratio of .59 in the R-2 District at 422$ Toledo Avenue." - The motion passed 4-2 6d. 2319 Flag Avenue; Variance 1a. � Y (Mayor Howard and Councilman Hanks opposed). Application of Sheridan Spande for variance in side yard requirement at 2319 F1ag Avenue, as described in Notice of Hearing published October 3, 1979. Sheridan 5pande, 2319 Flag Avenue, explained although 6,200 square feet, the lot is shallow and long. He said he was told a garage could not be built in the rear; �herefore, the only reasonable direction would be toward West 24 Street. �le added the addition would raise the value of the property, provide additional taxes and upgrade the area. He referred to a recent injury and said it would be easier to enter the garage from the house. There being no one further wis�iing to speak, the Mayor declared the hearing closed. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt the resolution approving the variance. The motion failed 3-3 (Councilmen Backes, Hanks and Mayor Howard opposed). It was moved by Councilman Hanks, seconded by Councilman Backes, to defer the request to November 5, 1979. Councilman Martin noted West 24 Street is a cul-de-sac and the applicant's side yard abuts nothing more than access to four houses. He did not understand why the request must be denied clue to the circum- stances. Councilraan Ralles said he inspected the property and that a fence exists at the side of the garage and any addition would be hidden. The motion passed S-1 (Councilman Martin opposed). Town Taxi PETITIONS UESTS AND COl"II�tUNICATIONS Reques� o£ Town Taxi Company for fare increase. There was no oppo$ition to the requesk. �1�'�" "'_ _ "".�- . _ . -33b- f !_^-,�..' �- �b, potential Pollution City Council minutes, October 15� 1979 Communication from Representative Rothen relating to potential water and air berg pollution. State Representative Elliot Rothenber about the City's water, air and health as reported ln t ,g,SPo� the maJ � he medla, he said or a-rea of citizen s concern is that ver accurate information is being provided the y little complete and public. He hoped a public meeting could be scheduled in St. Louis Park at a time and place con- . , venient to most resi ents, and that maximum notice be given the public. He also hoped the City s legislative representatives would be informed. . , He referre to t e many agencies which are working on the problem and doing an excellent job; however, he feared by having many agencies involved, the matter could b e overcome by bureacratic inertia. He . . noted that a meeting of the Water Planning Board was held at 10 a.m, on a weekday, with no advance notice to interested citizens. He believed it would be appropriate that the Council suggest to the many agencies that any meetings be held in St. Louis Park at a place and time where citizens can attend and offer their recommendations. Representative Rotl�enberg also hoped the City would urge that all agency studies be_conducted expeditiously and that the Council, collectively or individually,'contact City legislators with suggestions. Mayor Howard said the Council is also very concerned about communications. He asked that the City Manager, through Representative Rothenberg's office, request the Minnesota Department of Health and PCA to submit schedules indicating th e status of studies and final reports so all parties would be releaved of the heavy burden caused by only partial news reporting. Councilman Backes suggested the Governor's office may be able to provide some he1p. � It was moved by Counc ilman Hanks, seconded by Councilman Backes, authorize staff to make arrangements to hold a public meeting at high school auditorium in mid November; notices Co be published 920-3000 and the Sun newspaper. The motion passed 5-0 (Councilman Martin noC present). 8a• 1980 Budget; Ordinance No. 1453 RESOLUTIONS AND ORDINANCES Second budget. to the in reading of ordinance adopting 1980 It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Ordinance No•ea�51980 entitled "An ordinance adopting the budget for the fiscal y and amending the 1979 budget as adopted by Ordinance 142b. The motion passed 6-0. -337- C�ty Councll. minutes, Uctober 1.5, �.979 Secand r��►�lin� °� ��'��n�nce Code amendme�t 8b. Subdiv�der's rel�tin� to subdiv�.der re�ponsibility. •ibili.ty; R�g�ons — � Ordin.1nce No. 1454 Councll.man Meland, seconded by Zt was move� hY Councilman i�anks, to waive reading and adopt entirl.ed "An ordinance relating to zone�gaininndtog OrdinSi1C� No . 1-45�+ � Section 14-309 (2) i)� P g th� S�. Louis Park Ordinance��Code, C ��'' subd�.vider's respons:ibiliCy. The motion pa��ed 6-0. 8c . T�'ire Ghief. ; Resolution No. 8d. CE'TA Contr�ct; ltesolu�.ion No. 8e. IR Bonds; Resolution No. 8f. 6400 6402 Resol.urion No. 6400, enr��Zed "Resolution of �ppreciat�on to �mr�r McGary for service to the City of St. Louis Park," was adopted by consent. RE9ol_ution No• 64�2, eRtirled "Resolution au�l�or:t�.ing agreemen� between the City of St. Iaouis Park and Hertnepin County WasAadoptedEb Pro�ram for fiscal year 1980, Y consent. � . .' Resolution granting final approval of CKR 6403 Development Corp. industrial revenue bonds. It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6403, entitled "Resolution authorizing the issuance and sale of $1.5 million industrial development revenue bonds (CKR Development Company project - Minnesota Rubber Company, lessee) pursuant to Minnesota Statutes, Chapter 474." The motion passed 6-0. IR Bonds; Resolution No. Resolution granting final approval of F. G. 6404 Anderson.industrial revenue bonds. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6404, entitled "Resolution authorizing the issuance and sale of $2.4.million industrial development revenue bonds (Fred G. Anderson, Inc. project) Series 1979, pursuant to Minnesota Statutes, Chapter 474." The motion passed 6-0. 8g. Election; Resolution No. 6405 —� Resolution appointing election judges and setting polling places. It was moved by Councilman Meland, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6405, entitled "Resolution setting polling places and naming election judges �or City general election November 6, 1979." The motion passed 6-p, -_ . -- . .� _ _ _ _r -338- �,�'":�dr �'..r�—� 4,1. lIE�_ �..-1� Cott�j-ttee 9b • $0ard of�ppp_eals 9c . P 1_ anni� Commission qa, Financial Report (:ity Coun�il ,minutes, REPORTS OF OFFICERS, qP . Mr . Donu t ; Resolution No. October 15� 1979 BOARD$ AND CONQyITTEES T}ie minutes of the Health Advisory Committee meeting held September 26, 1979, were ordered filed by consent. The minutes of the Board of Zoning Appeals meeting held September 27, 1979, were ordered filed by consent. The minutes of the Planning Commission meeting held October 3, 1979, were ordered filed by consent. The September, 1979, financial report was ordered f iled by consent. Special permit request of George Daniels to 6406 locate Class IV restaurant at 7121 Wayzata � Boulevard (deferred from October 2, 1979). tt wa� m�vc��i hy C�uncilman Martin, seconded by Councilman Ralles, to waive r�.�ci4nR and adopt Resolution No. 6406, entitled "A resolution �r��tins; �ermf t iincjer Section 1,4-156 of the Ordinance Code to permit a c:lass IV re�t. ���rar�t in the B-2 District at 7I21 Wayzata Boulevard," amc�nding Condition No. 4 to indicate a compl.etion date of June 15, 19�, a� requested by the applicant. Following d iscussion, Councilman Hanks offered an amendment to the motion that ". ..the roof line on the rear elevation shall be cbntinuous with and of the same material as shown on the front and side elevations." The motion, with amendments, passed 6-0. 9f . Human Righ ts The minutes of the I�luman Rights Commission meeting held September 12, 1979, were ordered filed by consent. UNFSNISHED BUSINESS l.0aa. Flag Repurchase of properties from Paul Eddy �� ' Manager). Avenue (requested by City The City Manager reportecl thaC Mr. Eddy had Avenue which Were to have placed funds in escrow f or two 1Tesuestedathat the lots be repurchased � been served by sewer and has now Q ;; , bY the City and the money refunded. � Councilman Meland, to It was moved by Councilman �ianks, seconded bY , repurcl�ase the two lots from Mr. Eddy and to refund his money 7���� mot: ion na�secl 6-0. , -339- � ; � -.�--__.,:.,,�,R� 10a. City Council minutes, Octobez 15, 1979 Appointments Appointments to boards and commissions. It was moved by Councilman to appoint Gerald Quilling to an Cotincilman Meland, the Board of 7.oning Appeals. The motion passed 6-0. Nanks, seconded by unexpired term on Ir was moved by Councilman Meland, Sosition on thenHealth Advisoryto appoint fdna Piatteval to a consumer p Committee. The morion passed 6-0. It was moved hy Counc:tlroan Me]_and, seconded by Councilman Hanks, to appoint Sa.ndr.a Glasser as a City zepresentative to the West Hennepin �luman Serviceg P1c�nning Baard. '1'he mot lon pa�sed 6-Q • Councilman Hanks nomtnated the followi.ng youth appointments: �re� 7.eff, Commtinity Rel�tions; Bi11 Fischbein, Planning; Beth Gavren, Parks; Sara Dahlgren, Human Rights. '1'he nominattons passed 6-0. lOb. MnDOT Public Hearings lOc. lOd. 3409 Texas Avenue Nature Center altern.�tives Novemher 5, The report on the MnDOT public hearings was ordered filed by consent. The report on water repair at 3409 Texas Avenue, deferred from October 2; was ordered filed by consent. Westwood Hills Nature Genter Building. It was moved by Councilman rteland, seconded by Councilman Ralles, to defer consideration of to reduce construction cost of the building to 1979. fhe m�•r i�,n �,�ssed 6-0. it)�, '•i�•�aclot: It'r.��; Re�olut inn P�c�. Fteassessment, Meadow Tree Addition (continued 64�7 from .Tun� 18, July 16, August 20, September 4& 17 and October 2, 1979), ilerbert C. Davis, representing Matterhorn I)evelopment Conpany, presented a schematic drawing of how the developer would propose to �erve the area with watex and sewer. He explained the design would tap for water at the west of the property and at the nortlieast for sewer, and an entire new ditch would house the water and sewer and be located completely outside the paved street. He said the subdivision incl.udes five lots and two areas termed "exceptions" which will be of some deve]opment scrutiny in the future. He suggested the $7,000 reclixction appeared -340- � �ity Council �inutes, October 1�� 1979 ���P,;E���t lc�w, but with the pvssibili[ Y of atf�mpt2n �� inc�ude sc�me higher density in the area� the subdividereW°R�nt p�an it. ould accept ,� �as movc.� by Co�ncilman Backes, 6econded b s.�aive rE�ading and adopt Resolution No. 4 �' Councilu�an MeZand� �o � ��, entitled "Resolution c��rtiE��ing prior adopted aesessments for Improvemen[ Nos. 66-24 and 7?-C�1 for collection," granting S7,ppp credit for the � 66�26 s�ttl�ment. negotiaLed 1'he motion passed 6-0. lt)t. Traffic Study 210; Texas/�iighway 7 Traffic Study No. 210, intersection co�trol at entrance to Knoll�ood Plaza from Texas Avenue. Councilman Meland reported tha ceding w�ek, certain signs prohibiting turns, etc., in cau�ed warning tickets to be issued , He said the signs authorized by the Council. during the pre- the subject area had not been It was mov ed by Co unc ilman Meland, seconded by Councilman Ralles, to defer the matter to Dec�mber 17, 1979. Councilman Backes believed a dangerous situation exists without signs; l�e would prefer signs for the present, and if experience proves them to be incorrectly located, they would be relocated. Councilman Ralles said the existing median island does not warrant signs, and he would prefer to wait until December to determine the type of traffic which generates from the new addition. The motion passed S-1 (Councilman Backe� opposed). (Note: The signs were removed October 9, 1979; Traffic Study No. 210 recommended their replacement.) NEW BUSINESS lla. State Aid Route; Designation of Ford Road as a municipal state Resolution No. 6408 aid street. Resolution No. 6408, entitled "Resolution establishing municipal state aid street," was adopted by consent. llb . Ch_ ange Order, Pro'ect No. 79-13 $36, 792, 60, for a total Change order, Zarthan Avenue/West I6 Street. By consent, the No. 3, Contract contract to date -34 i- Council approved Change Order No. 1339, in the amount of of $487,458.69. ��,�y Cauncil. ntinutes, October 15, 1979 Change order, redesign of France Avenue north ���'�'Tt��� ��---��--=' of Excelsior Boulevard, P'ro ec t No . 79�01 zt was moved by Councilman Meland, seconded by (:c�unc-i.l.m.'�n Rt�l.l.es, to aPP rove Change Order No. 2, Contract No. 1340, � G}�� �ma�mt of $5,060, for a total contract to date of $570,693.42, and i' reement witih owners of 3200 France Avenue for its �ut�liorir,e execution of ag E,��ymen C . The motion passed 5-1 (Councilman Hanks opposed). lld. Ut.ility- �asement deed granting the City 1.1e. Kailro�d Agreement; Resolut�Lon No. 6409 � Public utility easement at Park National Bank. By consent, the Council approvedroved of the previous easement and app a new utility easement. termination a quit claim Louisiana Avenue/Burlington Northern Railroad agreement. .' Ey consent, the Council waived reading and adopted Resalution No. 6409, entitled "Resolution authorizing agreement between City of Sr. Louis Park and the Burlington Northern Railroad for Louisiana Avenue bridge." llf. Oak Park Village Purchase agreements for Blocks 1 and 6, Oak Park Village; Subsection (e), Indemnification. The City Attorney explained the indemnification clause was simply a policy question of the intent to which the Council wishes to carry the indemnity agreement, and as drafted, contained limitations as to extent and duration. In response to r4ayor Noward, the City Attorney stated he would recommend, for the protection of the City in terms oF limiting its exposure, that the agreement contain an expiration date. Jerry Remmen, president of InternationaZ Multi Housing Corp., stated at the time he met with the Housing Authority on the development proposal, he was assurred no liability relating to the pollution would be passed to the developer or future homeowners, and it was his assumption there would be some indemnification for the townhouse development. He said as the developer, he would not want to accept the responsibility nor would 1�e personally want to purchase a home and assume that responsibility. He stressed it is essential for the success of the project to have proper indemnification. There was considerable disct�ssion on past indemnification agreements, the nickerson a�;reement, and whether it is necess�-�ry for the City to act at all on the agreement, in that it is between the Authority and developer. -342- on the -� � -� City Council minutes, Uctober ���I�„riT�g a conference with the Authority City Attorney recommended that prior to a be desirable for tiie Council and Authority It was moved by Councilman defer the item to the next A��hority meeting. The mo�ion passed 6-Q. l lg • Lea ue Conference 15, 1979 Executive Director, the final determination, it would to discuss the matter. Ralles, seconded by regularly scheduled Councilman Meland, to joint Council/Housing Designation of voting delegates for National League of Cities conference. It was moved by Counciiman Hanks, seconded by Councilman Meland, to designate Councilman Backes voting delegate at the annual Congress of Cities, November 24-28, Las Vegas, Nevada; Councilman Martin and Ralles as alternates. The motion passed 6-0. llh. Highway 12 Meetings lli. Community Education Conf erence 12a, 12b . and Reva Gould to attend in Boston, Mass. The motion passed 6-0. Dam_ age Claims MnDOT schedule of Highway 12 neighborhood informational meetings. The sch edule was ordered filed by consent. National conference of Community Education (requested by Councilman Hanks). It was moved by Councilman Nanks, seconded by Councilman Backes, to authorize.Councilman Meland the National Conference of Community Education MISCELLANEOUS Damage claims 1) Nelson DeYoung, 2) Clayton Kaufman, By consent, the Council ordered the claims proper action by the City Manager and Ci�y Communications from Mayor � None. -343- 11136 Abbott Lane 8236 Westwood Hills Curve. filed with Attorney. the City Clerk for -- � - - - y i •t Council minutes, October 15, 19�9 cl y 12c, Communications £rom Ci�y Mana er in.formed 1� T}�� Council Was WiLl be School $O13d 1979ing November � seconded by Councilman Hanks, Co�ission �� XG Was moved bY With the Pl.anning hedule a meeting ,30 �, November sc Plar► amendment schedule for • p• � pl nning Commission meeting. regular a The motion passed�6-0• CLAIMS 13a. Verified Claims were approved, authorized to 13b. Contract Payment s 14. Adiournment Attest: the City held at Council/ 7:30 p.m., Councilman Ralles, to to review Comprehensive 7, 1979, prior to the �nvRnpuTATIONS AND CONTRACT PAYMENTS and issue /�"�' �'-�"` Mrs. Flanagan Recording Secretary On motion of Councilman Han�kSclaimsnpreparedobyCthean RaJ_1es, the list of verifie Director o£ Finance and dir�heedo�altamounts ofuncil, datecl October 15, 1979, in $548,842.23 £or vendors and $8,953.93 for payroll, the City Manager, City Clerk and City Treasurer. were checks in the same amounts by a vote of 6-0. None. On motion by Councilman Ralles, seconded by Councilman Martin, the meeting was adjourned at 9 p.m. by a vote of 6-0. Mayor -344-