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HomeMy WebLinkAbout1979/02/20 - ADMIN - Minutes - City Council - Regular1. 2. 3. 4. Call to Order Invocation Roll Call Also present Works. MINUTES CITY COUNCTL MEETING ST. LOUIS PARK, MINNESOTA February 20, 1979 A regular to order None. meeting by Mayor � of the City Council was called Stern at 7:30 p.m• The following Councilmen were present at roll call: Ronald Backes Martha Elstrom �John Ralles Keith Meland Jerrold Martin Irving Stern were the City Manager, City Attorney and Director of Public An opening ceremony, "Salute to the Flags," was presented by members of Boy Scout Troop 379 sponsored by the St. Louis Park Optimist C1ub. Scoutmaster Ted Meland accompanied the troop which meets at Aquila School. Approval It was moved by Councilman Meland, seconded by of Minutes Councilman Ralles, to approve the minutes of the special Council meeting held January 20, 1979. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Ralles,to approve the minutes of the special City Council meeting held February 5, 1979. � Motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Ralles, to approve the minutes of the regular City Council meeting held January 5, 1979. The motion passed 6-0. 5. Approval of Agenda The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Ralles, to approve the consent agenda for February 20, 1979, with the removal of item lld. It was moved by Councilma.n Meland, seconded by Councilman Ralles, to approve the agenda for February 20, 1979, with the removal of item llc. The motion passed 6-0. -48- � City Council minutes, February 20, 1979 6a. Body Shoppe PUBLIC HEARINGS Commtunication f rom Body Shoppe Sauna, 4414 Excelsior Boulevard. It was moved by Councilman Meland, seconded by Councilman Ralles, to reopen the public hearing. The motion passed 6-0. Attorney Stuart R. Perry, representing Sandra Johnson, owner and operator of the Body Shoppe Sauna, stated due process for his client had been denied. He felt she could not have a fair hearing before the same body that denied the renewal of her operating license. Mr. Perry supported - this position by identifying,two arguments: (1) The particular type business was treated in a discriminatory manner; other businesses are not treated in the same manner. (2) He referred to the ordinance regarding license denial, and it was his opinion that denial of a license could only occur following a public hearing. He felt the Council's action exceeded its authority, and he asked the Council to reverse its previous action and instead suspend the license. In response to Councilman Meland, the City Manager said following the arrest for prostitution on the premises in February, 1978, the owner of the establishment had been informed by mail of the possible consequences. In response to Councilman Meland, followed the appropriate procedure public hearing. the City Attorney said the Council had in conducting its February 5, 1979, Councilman Meland noted the issue was had revoked and suspended licenses in City's Ordir�ance Code. not unique, in that the City Manager the past as authorized in the Councilman Martin stated he did not support Ms. Johnson at the February 5, 1979,public hearing, and he felt she had received due process in the denial of the renewal of the license. Officer Loren Kramer of the St. Louis Park Police Department discussed the role of the Police Department in the enforcement of the City Code regarding the regulation of massage parlors. In response to Councilman Meland, he described the licensing of massage parlor employees, security measures, the procedure for inspection, practices of other area cities relating to prostit�ition offenses, and correlation between massage parlors and incidents of prostitution. In response to Councilman Meland, Mr. be inCerrogated by the Council, but it had no authority in the matter of the -49- Perry indicated Ms. Johnson could was his opinion that the Council license renewal/denial. City Council minutes, February 20, 1979 Ms. Johnson said there were no Responding to Councilman Meland, shareholders in the Corporation but there was one other of�heeservices, James Tuzinski, serving as treasurer. She also described she said the fees prices and management practices of the ablishmentewas cleanly run. She for services vary, and she felt the est added that she did not condone prostitution. It was moved by Councilman Martin, seconded by Councilman Meland, to sustain the action of the City Manager denying license renewal and directed staff to prepare a resolution supporting license denial. Councilman Meland felt it could be appropriate for the resolution to contain the comments of Officer Kramer, data/statistics regarding prosti- tution offenses at massage parlors in other ciCies, the correlation between massage parlors and p'rostitution and the previous hearing's facts and testimony. The motion passed 6-0. There being no hearing closed. one further wishing to speak, the Mayor declared the PETITIONS, UESTS AND COMMUNICATIONS 7a. Bingo Notice of Intent to Conduct Bingo; Peter Hobart School. There being no objection, the Notice was ordered received for filing by consent. 7b. Variance f or Lot Division Variance request of John A. Miller for lot division at West 22 Street/County Road 18 frontage road. It was moved by Councilman Martin, seconded by Councilman Meland, to accept the variance. The motion passed 6-0. 7c. Veterinary Services in DDD Request of Affiliated Veterinary Services, 12720 Wayzata Boulevard, to locate animal hospital in Diversified Development District (DDD) at 5305 Cedar Lake Road. Dr. Porter, representing the applicant, explained the proposal for emergency services as described in�a letter dated February 8, 1979. Councilman. Backes in addition to its suggested another d id not area not feel the site suitable for the being a listed or permitted use in may be more appropriate. -5 0- proposed the DDD. business, He City Council minutes, February 20, 1979 Councilman Meland felt the neighborhood committee may wish to be informed � of the proposal prior to review by the Planning Commission. ' It was moved by Councilman Ralles, seconded by Councilman Elstrom, to refer the item to the Planning Comanission for recommendation on possible Ordinance Code amendment permitting the use in the DDD. The motion passed 6-0. 8a. PUD Districts; Ordinance No. 1437 RESOLUTIONS Ai�TD ORDINANCES Second reading of Ordinance Code amendment relating to nonconforming uses in PUD Districts. It was moved by Councilman Martin, seconded by Councilman Meland, to waive second reading and adopt Ordinance No. 1437, entitled "An ordinance amending the St. Louis Park Ordinance Code relating to zoning by amending Section 14-124.101 pertaining to the Planned Unit Development District." The motion passed 6-0. 9a. Planning Commission REPORTS OF OFFICERS BOARDS AND COMMITTEES Minutes of Planning February 7, 1979. Commission meeting held The minutes were ordered filed by consent. 9b. West 13 Lane Preliminary engineering report: West 13 Lane, Texas to Pennsylvania Avenues. It was moved by Councilman Meland, seconded by Councilman Backes, to set public hearing for April 2, 1979. The motion passed 6-0. 9c. Pollution Abatement Report on pollution abatement; carb on treatment study (M. & C. No. 79-06). It was moved by Councilman Meland, seconded by C ouncilman Ralles, to authorize a$7,700 pilot study of Well No. 15 for implementation in March, 1979. The motion passed 6-0. 9d. Financial Report MonthlY f inancial report - December, 1978. The report was ordered filed by consent. -51- � 7 10a. Appointments City Council �.nutes, February 20, 1979 UNFINISHED BUSINESS Appointments to City advisory boards and commisafons. Councilman Ralles wondered if thTheiCitofMa.nagerants is updated on a regular basis. Y exptained that Citizen Interest Inquiry Forms indic�tinouldtvacanciessoccurg on specific boards and commissions are kept on file; sh on boards and commissions, the names are submitted to theCitizenlxemainshe time staff schedules interviews, it is determined if the interested and/or eligible to serve. • Councilman Ralles expressed a desire appointment process for the Planning to meet with the City Manager on the Commission vacancy. Staff was requested to send a Citizen Inquiry Form to Jacquelyn Ingersoll, in the event she would be interested in serving on the Planning Commission. lOb. Bassetts Creek; Resolution No. 6�224 Bassetts Creek Flood Control Commission. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resalution No. 6224, entitled "Resolution authorizing the Bassett Creek Flood Control Commission to proceed with the proposed f lood control proj ect ." The motion passed 6-0. lOc. Belt Line Boulevard Proposed extension of Belt Line Boulevard to West 32 SCreet in Minneapolis (def erred from February 5, 1979). Mayor Stern urged the Council to consider litigation whereby the City of Minneapolis would be required to complete its section of the roadway. George DuFour, 3755 Glenhurst Avenue,explained excessive taxes have been applied. to the former Acme Lumber Company site, studies have been conducted relative to its reuse, and he felt it important for its development that the extension of the roadway be pursued. . ' It was moved by Councilman Ralles, seconded by Councilman Elstrom, to refer the item to the City Manager for proper action by �he City Attorney. The motion passed 6-0. lOd. City Hall Garage Preliminary engineering report; City Hall garage. Councilman Martin was concerned relative to tl�e $8,000 additional cost to construct a free-standing, more aesthetically pleasing radio �ower. The City Manager explained the tower location and design would be presented to the Council in more detail at a future date. �-__- ._ _ ... City Council minutes, February 20, 1979 It was moved by Councilman Martin, seconded by Councilman Backes, to � authorize preparation of plans and specifications and advertisement for bids; the additional $200,000 f unding to be included in the City's 1979 bond issue. The motion passed 6-0. lla. Locker Room NEW BUSINESS Proposed locker room; Recreation Center. It was moved by Councilman Meland, seconded by Councilman Ralles, to authorize preparation of plans and specif ications and advertisement for bids for the proposal; designated funding to be obtained from unallocated general revenue sharing. . Staff was requested to notify the Hockey Association of the Council's action: The motion passed 6-0. llb. Human Services Human Services (requested by Councilman Meland). Councilman Meland referred to the variaus expenditures. incurred over the years for human services and asked the Council to authorize a staff study to determine if greater coordination could be realized incorporating health, chemical dependency, community education, housing, etc., under a single division. Mayor Stern questioned the cost of the study. Councilman Meland explained that staff could perform an in-house study. It was moved by Councilman Mertin, seconded by Councilman Elstrom, to authorize staff to study the f easibility of providing a human services coordinator as a division of City services, for Council consideration on May 21, 1979. The motion passed 6-0. llc. Towin lld. Bid Tabulation would replace the Certified letter charge,�Golden Auto Parts Company (requested by Councilman Meland). This item was removed during approval of the agenda. Tabulation of bids - survey van. , In response to Councilman Backes, the City Manager explained that the City has two survey crews; therefore, two vehicl.es are needed. He also indicated the van current vehicle. It was moved by Councilman Meland, designate Town's Edge Ford lowest of contract at $6,069• The motion passed 6-0. seconded by Councilman Martin, to responsible bidder and authorize execution ��_ r .� � � City Council minutes, February 20, 1979 11e. Bid Tabulation; Resolution No. 6225 Tabulation of bids - City Hall air-cooled condensers. The Council questioned the useand directedrstaffe sharing funds f or the pro� ect to use funds from the Utilities Account. seconded by Councilman Meland,. It was moved by Councilman Martin, lowest res onsible bidder designate Faircom, Inc., Alternative II, p authorize execution of contract at $32, 200, and waive reading and Resolution No. 6225, enCitled "Resolution orderingNomP79V14ent to the City Ha11 air conditioning units, Improvement The motion passed 6-0. llf. Residential Revenue Bonds to and adop t reconstruct Urban Properties, Inc.; proposal for issuance of industri�l revenue bonds for residential purposes. Robert Netteland and Ed Driscoll, Urban Properties, Inc., presented a proposal to redevelop the Wolf e Lake apartments and ad�acent properties using industrial revenue bonds to construct 120 apartment and 130 condominium units to provide family housing and relocation. They explained the proposal would be to sell mortgages to 1ow- and moderate-income persons at 8.25 percent interest. Councilman Martin wondered why Urban Properties required public money to conveYtthe existing apartments to condominiums. Mr. Netteland explained it would be possib�le to secure loans from private sources; however, the advantage with the proposal would be the sale of units at 5-percent down payment to persons in the $18,000-$20,000 annual income bracket. He f elt with private financing, those persons would be unable to afford the housing. Councilman Backes questioned the statutory authority of the proposal, and Mr. Driscoll said it is the opinion of several bond counsels the proj ect can be authorized under Chapter 474 of the Minnesota Statutes. Further responding to Councilman Backes, Mr. Netteland said the amount of down payments would vary but the minimum down payment would be kept as close to 5 percent as possible. Councilman Martin questioned the concept and did not f eel the approach would benefit the community. Councilman Backes suggested that approval of the project could establish a precedent f or requests f rom other agencies . Councilman Meland noted that past issues have funded new development and questioned whether the proposed 25-50 percent new housing would be adequate. He f elt additional information from the City Assessor would be desirable. In response to Councilman Backes relative to the rationale in using a tax- exempt approach and benefit derived from the use, Mr. Netteland explained with current interest rates, it is close to infeasible to construct low-income housing. Councilman Backes noted the Internal Revenue Service is investigatin8 the proposed approach to mortgage loans relative to tax deductions for the private purchaser. � -54- � ,�.,,,..,,,.,.�...-..,_------- � -- ---- -----� City Council minutes, February 20, 1979 In response to Councilman Elstrom, Mr. Netteland explained that with private financing, the maximum mortgages available would be for 25 years, as opposed to 30-year mortgages with public financing; in addition, down payments would be greater if private financing was utilized. Mayor Stern e� lained the City would incur minimal risk, should the Council approve the proposal. Councilman Martin expressed concern that the proposal as submitted by Urban Properties, Inc., would actually help low- and moderate-income persons, and Mayor Stern suggested if preliminary approval is granted, a Council. representative could meet with Urban Properties, Inc., to discuss the Council's concerns. Councilman Backes stated he did not favor the project due to lack of endorsement by the City's bond counsel and b'ecause the City Council did not address the similar proposal submitted by Miller & Schroeder Municipals, Inc. Councilman Martin felt it would be appropriate to grant preliminary approval based upon the submission of additional information, including data relative to the Miller & Schroeder proposal tabled by the Council. It was the opinion of Councilman Elstrom that prior to preliminary approval, all of the concerns of the Council must be addressed. It was moved by Councilman Martin, seconded by Councilman Ralles, to grant preliminary approval of the request. The motion failed 3-3 (Councilmen Meland, Backes and Elstrom opposed). 12a. Damage Claims MISCELLANEOUS Damage cl.aims - Snyder Electric/Melvin A. Anderson, 6112 Excelsior Boulevard. The claim was filed with the City Clerk for proper action by the City Manager and City Attorney by consent. � 12h. Communications from City Manager 1) The City Manager said the report on the maintenance services garage,requested by the Council, would be presented March 12, 1979. 2) School Board - The Council scheduled a joint meeting with the School Board for Ma.rch 13, 1979, at 7:34 P•m• 3) Charter Commission - The C�ty Manager explained requests a joint meeting with the City Council for Council agreed to meet as requested. -55- the Charter Commission April 3, 1979, and the 0 13a. Verified Claims amounts and the checks City Council minutes, February 2.0, 1979 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Upon motion by Councilman Mel�fnverififedeclaims Councilman Backes, the list prepared by the Director of Finance and directed to the City Council, dated February Z�� Z9Wereia trovedtal 4 32 for ayroll PP � of $238,929.90 for vendors and $11,13 . P City Manager, City Clerk and City Treasurer were authorized to issue in the same amounts by a vote of 6-0. 13b. Contract Payments 14. Att Adj ournment �ary Wo Record� Secretary None. Upon motion by Councilman Meland, seconded by Councilman Elstrom, the meeting was adjourned at 10:3 p.m. by a vote of 6-0. e r . �( `/'� . '�-� Irvi g M. Stern Ma�ro -56- � ��