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Home My WebLink About1979/07/16 - ADMIN - Minutes - City Council - Regularl. 2. MINUTES �ITY COUNCIL MEETING ST. LOUZS PARK, MINNESOTA July 16, 1979 . Pzior to t11� regular meeting, the City Council met with the City At�orney and requested an opinion on the word "forthwith" as c�ntained in the CiCy Charter. The City �ttorney Ind3.cated there were no jud icial decisions on the mea�lin� of the word . He said it was assumed the word meant "as soon as reasonabl.y possible." L�ter. -ln the meeting (Item lOh), the Council directed notice to be pubJ_isheci th�r the Council is requesting ap- pl.i ca.r.io��s for the vacancy in the Office of Mayor; lettets indicating interest should b e sent in care of the City Manager, to be reviewed by the Council at 6:30 p.m., on Augus� 6, 1979, at which time the Council will con- sider setting interviews. Call to Order Presentations A regular meeting of the City Council was called to order by President Pro Tem Lyl-e Hanks at 7:31 p.m. a) Presentation to Irving M. Stern. The President Pro Tem presented a plaque to Irving M. Stern for his service as Mayor. � Senator Stern presented final proclamations to each Council member. (b) Lions Club. Dave Apo1d of the St. Louis Park Lions Club presented a donation of $475 to the City for the purchase of a demonstration life-saving tool known to firefighters as Resusciannie. The Presiden� Pro Tem stated he was happy to accept on behalf of the City. 3. Roll Call The following Councilman �tere present at roll call: - Ronald Backes- Martha Elstrom Lyle Hanks Jerrold .t�1artin Keith Meland John Ralles Also present were the City Manager, Cit Att and Director of Public Works , y orney, Director of P1ar�ning -200- City Council minutes, July 16, 1979 y. ��p�v�al� It was moved by Councilman Ralles, seconded by Q� Minutes Councilman Meland, to approve the minutes of the meetings held June 26, 1979 (two sets), as presented; to approve the minutes of the meeting held July 9, 1979, w ith the f ollowing amendments: Item 8e, second paragraph, ��, ,, would be in conf lict with the City Charter's statement that a quor�un of the members is necessary to conduct business." Item 9k, "The motion(s) passed 5-0 (Councilman Backes was not present during discussion)." Item 10a, "The appointment(s) were approved by a vote of 6-0." The motion passed 6-0. 5. Approval of Agenda The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Meland, to approve the consent agenda for July 16, 1979, as presented. It was moved by Councilman Meland, seconded by Councilman Martin, to approve the agenda for July 16, 1979, with the following additions: Item lOh, Vacancy in Off ice of Mayor; Item llf, Highway 12 Moratorium. The motion passed 6-0. 6a. Meadow Tree Addition moved by Councilman Ralles, hearing to August 20, 1979. The motion passed 6-0. bb. Darrel A. Farr; Revenue Bonds PUBLIC HEARINGS Reassessment, Project 79-51, Meadow Tree Addition (continued f rom June 1i3, 1979) . At the request of the City Attorney, it,was seconded by Councilman Backes, to continue the Mortgage revenue bond request; Darrel A Farr Development Corporation, as described in Notice of Hearing published June 13, 1979. Councilman Ralles, to cancel It was moved by Councilman Meland, seconded by lan preparation. hearing and direct staff to proceed with housing p The motion passed 6-0. seconded by Councilman Martin, to meet It was moved by Councilman Meland, 1an and that the plan also at S p.m., July 23, 1979, to study the.houRelations Commissions for review be referred to the Planning and Community ain following Commissions' of Items 1-5 and 12 & 13; the Council may meet ag review to study their advice and recommendation. The motion passed 6--0. -201- . _� City Council minutes, July 16, 1979 It was moved by Councilman 1`4eland, set public hearing on the housing The motion passed 6-0. seconded by Councilman Backes, to plan for September 4, 1979. Later, it caas moved by Councilman Martin, seconded by Councilman Elstrom, ublic hearin on the application of Darrel A. Farr Development to set p g e revenue bond re uest itmnediately Corporation for approval of its mortgag q following the public hearing on the housing plan on September 4, 1979. The motion passed 5-1 (Councilman Meland opposed). 6c. Industrial Revenue Bonds; Resolution No. 63i0 Industrial revenue bond request; C:�R Development Corporation, as described in Notice of Hearing pub lished June 27, 1979. George Reilly, legal counsel f or applicant, described exhibited a scale model of the proposal, surrounding plan. the partnership and area and described the In response to Councilman Meland, Mr. Reilly explained Minnesota Rubber operates three other manufacturing facilities in addition to its St. Louis Park facility; however, money generated by.the bonds would only be used for the St. Louis Park operation. � Councilman Backes referred to the itemization of costs and money would be used for equipment acquisition. Mr. Reilly contemplated at the present to use the money f or equipment; designated for land acquisition and construction. asked if any said it was not the money is There being no one further wishing to speak, the President Pro Tem declared the hearing closed. It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 6310, entitled "Resolution giving pre- liminary approval to a project under the Municipal Industrial Development Act; referring the proposal to the Commissioner of Sectirities for approval; authorizing execution of a memorandum of agreement and preparation of necessary documents." The motion passed 6-0. 6d. Industrial Revenue Bonds; Resolution No. 6311 Industrial revenue bond request; Fred G. Anderson Company, as described in NoLice of Hearing published June 27, 1979. Harold Norby, president of Fred G. Anderaon Co an described the locations of the firm's office s, gave a brief�background of the busineSs and proposal, and presented an artisCs's rend�ring of the pl�n. He con- tinued sevetal of the firm's leases expire in May, 1980, and the f��'�S move to the propertq being discuesed is planned for May 31, 1980, sub�ect to the Council's bond approval. There being no one further wishing to speak, the President Pro Te"' de�ta�t' the hearing closed. -202- 6e. City Council minutes, July 16, 1979 It Was moved by Councilman Meland, seconded by Councilman Elstrom to waive xeading and adop t Resolution No. 6311, entitled "Resolution�giving preli�inary approval to a proj ect under the Municipal Industrial Development Act; referring the proposal to the Commissioner of Securities for approval; authorizing execution of a memorandum of agreement and preparation of necessary documents. The motion passed 6-0. Overholt Plat ' Application of Erickson and Overholt for preliminary plat approval of Hanna Lake Addition, as described in Notice of Hearing published July 4, 1979. Kenneth Overholt, subdivider, gave a background of the involved plats, ownership, etc. In response to the President Pro Tem, he e�lained Jeffrey Erickson is the f ee owner of the existing house; therefore, he did not feel it appropriate to agree on his behalf to connect to the City sewer. He asked that the recommendation be waived and the connection be made when City inspectors find that the septic tank is not functioning properly. He agreed, however, to dedicate the recommended easement and connect any house constructed on the vacant lot to City sewer. The Council discussed possible connecting with utilities, the in the area. There being the hearing no one closed. existing laws relative to time limits for 60-foot lot wiuth and the size ot other lots further w ishing to speak, the President Pro Tem declared Councilman Meland, to approve It was moved by Councilman Marf ollowingnconditions: 1) A shoreline the preliminary plat with the easement be dedicated consistent with the r-2 boundaries, ShG•SXaandlimits of which to be f urther determined in consult�esidentialtdevelopment shall be Department of Natural Resources; 2) new connected to existing utilities wiChin West 28 StreEt; 3) the existing house shall be connected to City sewer in conformance with exist3ng time limits. The motion assed 5-1 (President Pro Tem Lyle Hanks opposed). P 6f . Park Plaza; Resolution No. 6312 Application of Kraus-Ander.son for�cke�1SParkd Land Survey tor Lo�s 1 and 2, B1 � Plaza, as described in Notice of Hearing pub- lished July 4, 1979• The Planning Director summarized the analysis and recommendat�.on. There being no one the hearing closed. further wishing to staff report explaining the purpose, s eak, the President Pro Tem decl.ared P -203- iC �V a;. Council minuteS� July 16, 1979 City seconded by Councilman Backes, to waive Councilman Meland, g g pproval It Was mO�'�d by esolution No. 6312, entitled "Resolution ivin a reading and adopti R for Regis�tered Land Survey• �� The motion passed 6-0• 6g, Westlin� Variance; Resolution No. 6313 Application of R.J. Westling f or variance in lot area at 2940-48 Wymoning Avenue, as described in Notice of Hearing published July-4, 1979. annin Director described the request and summancesa tdensityf rear Tlie P 1 S report. He noted rhat the reques� an one principal structure on a lot. yard setback and permitting more h . Leo Dorfman, counsel for Che aPP licant, stated the property is substandard in terms of topograp,hy and drainage which led to reeXclained�thehpast apartment building; he distributed phot�heahousenwhenpit became apparent situation with respect to not removing that adequate parking would exist. He requested variance approval, thus permitting a certificate of occupancy to be issue�oae�tiesgwould�beesold as complete the sale of the property. He said the p p one parcel. There being no one further wishing ceclared the hearing closed. to speak, the President Pro Tem It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6313, entitled "Resolution granting variance in lot area, rear yard and principal buildings on.a lot, from Sections 14-143 and 14-107 of the Ordinance Code relating to zoning to permit a lot area of 1,6�3 square f eet instead of the required 1,700 square feet per unit; to permit �a rear yard of nine feet instead of the required 25; to allow two principal�buildings on one lot in an R-4, Multiple-Family District, at 2940 and 2948 Wyoming Avenue." The motion passed 6-0. 6h. Hasselbring Variance; Resolution No. 6314 Application of Herman Hasselbring f or variance in front yard setback at 3825 Edgewood Avenue, as described in Notice of Hearing published July 4, 1979. Herman Hasselbring, Ace Manufacturin Com an believed that providing an � additional ten feet of maneuvering area alo g�the south setback was critical� The Planning Director explained the applicant is requesting a driveway width of 60 feet which would also require a variance, although not under the jurisdiction of the Board of Zoning Appeals. After further discussion, the President Pro Tem declared the hear�ng closed. � -204- City Council minutes, July 16, 1979 ;� w,_;5 ce�ved by Councilman !�lartin, se�onded by Councilman R,ailes, to wafve rt;�;;;;g and adopC Resolution No. 6314, entitled "A resolution granting ti�ria�Ce in �eCback front Section 14-173(6) of the Ordinance Code relati�g t� ��ing to permit a zero foot setback on all but the southerly 35 feet �,� ��,F frontage in the I-1, Industrial Dist�ict, at 3825 Edgewood Avenue," cscablishing a landscaped setback area 20 feet wide extending from the south property line north a distance of 35 feet, thence zero feet from said point to the norCh propetty line and allowing a loading berth in the front Y�Td setback. The motion passed 5-1 (Gouncilman Backes opposed). I� was moved by Councilman Martin, seconded by Councilman Meland, to grant the 60-foot-wide curb cut as requested. In response to the President Pro Tem, the City Manager stated curb and gutter have been installed; he said based upon staff review, a 45-foot cut located further to the south could be recomnEnded. Hr. �iasselbring stated the width and location as requested were critical. He also noted he would bear the cost of construction. The motion f ailed 3-3 (Councilmen Elstrom, Backes, and President Pro Tem Hanks opposed). It was moved by Councilman Martin, seconded by Councilman Meland, to defer the curb cut request to August 6, 1979; requested a report from staff and an on-site review by the Council. The motion passed 6-0. Later, it was moved by Councilman Meland, seconded by Councilman Martin, to reconsider the request for a variance allowing a 60-foot-wide driveway. The motion passed 6- 0. It Was moved by Councilman Meland, seconded by Councilman Martin, to allow a 60-foot-wid.e driveway as requested. Councilman Martin believed the request reasonable and �o�ld be unfair, in that no person present objected to genuine and denial the request. Councilman Backes believed an access problem probably existed but may be solved b ro er placement of a 40-f oot-wide drive. He continued that it y P P artment to review the matter would be appropriate for the Engineering Dep prior to granting a variance. Councilman Meland noted that width of tt�e Council, and he could not recall for a variance had been denied. curb cuts is under an instance where a -205- the discretion of citizen's request Citiy Council minutes, July 16, 1979 The Pzesiden� Pr� Tem belo�ncil recommendation P rior to C should be considered• The motion to appLove Backes, and Presic�ent Pro The motion i� appropriate tha-t staf f review and make approval. He said setting a precedent the request Tem Hanks failed 3-3 (Councilmen Elstrom, opposed). to defer to August 6, 1979, stands. 6i. Durfee Variance; Resolution No. 6315 7. Application of Mary Durf ee f or variance in rear yard setback at 3755 Huntington Avenue, as described in Notice of Hearing published .1uly 4, 1979. The applicant was present Co a approving resolution should be 1� f eet . There being no one the hearing closed. swer questions; she noted the report and corrected to indicate a rear yard setback of further wishing to speaic, the President Pro Tem declared It was moved by Councilman Martin, seconded by Councilman Meland, to waive rea�ling and adopt Resolution No. 6315, entitled "A resolution granting variance in rear yard setback from Section 14-128 of the Ordinance Code relating to zoning to permit a rear yard setback of 12 feet instead of the required 35 feet in an R-1, Single-Family District, at 3755 Huntington Avenue." � .. The motion passed 6-0. None. 8a. Board of Appeals Appointment PETITIONS, REQUESTS AND COMMUNICATIONS RESOLUTIONS AND ORDINANCES First reading of Ordinance Code amendment relating to appointment date; Board of Zoning Appeals . It was moved by Councilman Meland, seconded by Councilman Ralles, to waive first reading of or�inance and set second reading for August 6, 1979• The motion passed 6-0. �b. Fireworks; Resolution No. b316 appreciation consent. Resolution of appreciation for annual fixeWorks to St. Louis Park Veterans of Foreign Wars. Resolution No. 6316, to St. Louis Park Veterans of Foreign �.. � -206- entitled "Resolutiob of Wars" was adopted Y � � �# �r � 4 City Council minutes, July 16, 1979 REPORTS�OF OFFICERS, BOARDS AND COAiMITTEES Communitv Felations 9a. �ommiss ion 9b. Par_�; Recreation Commission g� , Boa_ r� f Zoning Appeals 9d. Project 79-10 The minutes of the Community Relations Commission meeting held June 14, 1979, were ordered filed by consent. The minutes of the Park and Recreation Advisory Cotmnission meeting held June 13, 1979, were ordered filed by consent, The minutes of the Board of Zoning Appeals meeting held June 28, 1979, were ordered filed by consent. Preliminary engineering report, Project 79-10; Cedar Lake Road from Highway 100 to Jewish Community Center. The Council set public hearing for August 20, 1979, by consent. 9e. Trail Committee Statement Statement of Trail Committee. It was moved by Councilman Backes, seconded by Councilman Meland, to accept the report. Councilman Meland offered an amendment to the motion requesting staff comment on the current status of the six conclusions contained within the statement, for presentation on August 6, 1979. The motion, as 9f. Housin Authority amended, passed 6-0. The minutes of the Housing and Redevelopment Authority meeting held July 10, 1979, were ordered filed by consent. UNFINISHED BUSINESS 10a. Appointments Appointments to City advisory boards and commissions. It wa moved b Councilman Meland, seconded by Councilman �iartin, to defer. S y lOb. The motion City Hall Garage passed 6-0. 2, Contract No. 1333, in of $271,402; the contract The motion passed 6-0. City Ha1.1 garage; change order for excavation. seconded by It was moved by Councilman Ma�'tin� � prd�r Noo Councilman Meland, to approve Chang the amou nt of $11,3p2, for a total bon�hree daysate completion date shall be extende Y -207- � : lOc . Vernon. Av�� Hi hwav 12 It was moved Change Order September 4, City Council minutes, July 16, 1979 Time extension; Vernon Avenue at Highway 12, Projects 74-22, 77-11(A)(B); Hardrives Construction Company. by Councilman Meland, seconded by Councilman Backes, to approve No, 6, Con�racC No. 1272, extending final completion date to �9�9. The moi:ion passed 6-0. lOd. Communication Tower by Councilman rleland, August 6, 1979. The motion passed 6-0. 10e. Otterlei Variance Contract extension, Project 79-40; Communication Tower. It was moved by Councilman Martin, seconded to approve extension of contract completion date to Application of Jon Otterlei for variance at 6980-92 Oxford Street (deferred from June 18, 1979). It was moved by Councilman P4eland, seconded by Councilman Martin to defer the item to August 6, 1.979, enabling the applicant to be present. The motion passed 6-0. lOf . Traffic Study 204; Resolution IJo. 6317 Traff;c Study No. 204; Ottawa Avenue/West 31 Street (def erred from July 9, 1979). It was moved by Councilman Martin, to waive reading and adopt "Resolution authorizing placement of signs on Avenue . " The motion passed 6-0. lOg. Minnehaha Creek August 6, 1979. Councilman Meland, seconded by Reso�.ution No. 6317, entitled [Jest 31 Street at Ottawa Special permits on Minnehaha Creek (requested June 4, 1979). The Council agreed to defer the matter to The President Pro Tem requested that the Council retain its copies of the report. He said it was the intent of the Council that copies qf the report be sent to the residents indicating an interest at the June G, 1979, Council meeting. -208- City Council minutes, July 16, 1979 pf f ice ' 10h� o M or Councilman Elstrom, article indicating a residents may apply Council will meet at Vacancy in Office of Mayor (requested by President Pro Tem). It was moved by Councilman Meland, seconded by that the local newspaper be requested to publish an vacancy in the office of mayor exists, and interested for appointment in care of the City Manager; the 6:30 p.m., August 6, 1979, to review the applications. The motion passed 6-0. NEW BUSINESS lla. 4952 Devaney Street ordinance and set second The motion passed 6-0. llb. City Incinerator Sale of City-owned land at 4952 DevanEy Street. It was moved by Councilman Meland, seconded by Councilman Ralles, to waive first reading of reading for August 6, 1979. Sale of Street. City incinerator at 5600 West 35 1/2 It was moved by Councilman Meland, seconded by Councilman Elstrom, to waive first reading of ordinance and set second reading for August 6, 1979. Councilman �iartin wondered if, when City staff evaluated the property, its use for reclamation purposes had been considered. He believed that conversion would be very expensive for Hoigaard's. Councilman Ralles suggested that in the near future, there would be a demand for recycling si�es and he could not think of a more appropriate location in St. Louis Park. He continued the property could probably be rented to private industry f or recycling purposes. The President Pro Tem reminded the Council it authorized staff and several advisory commissions to review possibl.e uses a�vertise�for�bids to�sellpthe this review, the Council authorized staff to property. Celia Andersen, St. Louis Park Planning Commission, Commission found no public use for the property- asked if the Planning the Planning Director stated thested Upon reviewing the Commission minutes, ro erty; the Commission sugg Commission recommended 7-0 to retain the P P rivate the site could be studied in terms of potential value leased to p par�ies. Cou ' ted the options could be further discussed at ncilman Meland suggeS 197g, second reading of the ordinance on August 6, The motion passed 6-0. -209- 11c.� A71ev Pavin� The Council set City Council minutes, July 16, 1979 Preliminary engineering report, Project 78-p5; alley paving, east_City Hall area. public hearing for August 20, 1979, by consent. Bid tabulation; water/sewer control panel. lld. Bi� � Tabulation It was moved by Councilman Martin, seconded by Councilman Backes,to designate Lee Richert • I c as lowest responsible bidder and authorize Plumbing and Heating, n •� execation of con�ract at $287,900. The motion passed 6-0. lle. Excelsior Boulevard Sidewalk Project 77-26, acquisition of right of way - sidewalk at Excelsior Boulevard/Dakota Avenue. It was moved by Councilman Martin, seconded by Councilman t�eland, that the President PrO TWithn5te11aCHawkinsonefore608 authorized to execute a purchase agreement square feet of easement at 3997-99 Dakota Avenue at $1,200; the City Council rejects the proposal of Jack Christy and dir ects staff to negotiate an acceptable purchase agreement. The motion passed 6-0. llf . Highway 12 Pioratorium on development along Highway moratorium of several years Highway 12 moratorium; Representative Sally Olsen, Representative Olsen ref erred to the action of t�he City of Golden Valley placing a moratorium 12. She wondered if the St. Louis Park past included the area north of Highway 12. The Planning Director explained the St. Louis Parlc moratorium was applied to property south of Highway 12 and west of Highway 100 to the MN&S railroad track. Representative Olsen believed the law allows a one-year moratorium and requested a response at some future date whether the City of St. Louis Park would be interested in special legislat-ion permitting additional time t� coincide with the Golden Valley moratorium. The President Pro Tem requested the City Manager to report on the ma►[ter. Councilman Backes noted the St. Louis Park tuoratorium was placed relative the Diversified Development Distriet area and the short- and long-range solutions at the intersections of Vernon and Zarthan Avenues with H�-ghwav 12• He said it was not similar to the Golden Valley moratorium. -210- ,- - . �-- ._.....------ . -- City Council minutes, July 16, 1979 �`� Dama e Claims iZb �ommunica�ions from President Pro Tem �2c � C�mmunicat ions Frnitl City Manager �MISCELLANEOUS None. None. 1) Westmoreland Lane; Resolution No. 6318 It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 631E, entitled "Resolution authorizing Director of Public Works to place speed signs on Franklin Avenue and Westmoreland Lane." Councilman Meland requested that the City Manager make inquiry and present to the Council MnDOT's findings of fact to justify the reduction in speed limits. Councilman Martin agreed; setting. � The motion passed 6-0. he believed the decision could be precedent- • CLAIMS APPROPRIATIONS A�1D CONTRACT PAYMENTS 13a. Verified Upon motion by Councilman Meland, seconded by Claims Councilman Martin, the list of verified claims prepared by the Director of Finance and directe Co the City Council, dated July 16, 1979, in the total amounts of $734,862.42 for vendors andi�23T8easurer�were authorized approved, and the City Manager, City C1.erk and C y to issue checks in the same amounts by a vote of 6-0. 13b. Contract Payments 14 . Councilman Meland, seconded It was moved bY rove and authorize by Council.man Martin, �O �ent: the following partial paYm 1. Partial payment, Lenox remodeling, Pro�ect Amount: $37,0?_5.49. The motion passed 6-0. Ad� ournment AtteSt: � 78-52, ABJ �nterprises, Inc. Martin, secoucled bY On motion of Caunci.lman , ourned the meeCin� was 3a� Counci�.man Ralles, at :51 p•m• bY a �ote of 6-0. W` � W, Hanks P esident Pro Tem -211-