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HomeMy WebLinkAbout1980/02/04 - ADMIN - Minutes - City Council - RegularAt 6:30 p.m., prior to the regular Council meeting, the Council met eo revtew items to be conaidered by the 1980 Legislature. 1. Call to Order 2. Presentations MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 4, 1980 A regular meeting of the City Council was called to order by Mayor Phyllis McQuaid at 7:35 p.m. None. 3. Roll Call The following Councilmen were present at roll call: Ronald Backes Jerrold Martin Martha Elstrom Keith Meland Lyle Hanks John Ralles Phyllis McQuaid Also.present were the City Manager, City Attorney, Director of Planning and Director of Public Works. 4. Approval It was moved by Councilman Elstrom, seconded by of Minutes Councilman Pieland, to approve the minutes of the City Council meeting held January 14, 1980. The motion passed 7-0. It was moved by Councilman Elstrom, seconded by Councilman Meland, to approve the minutes of the City Council meeting held January 21, 1980, amended on Page 31, first paragraph, to read ". .. authorize staff to work with Dave Locey on the matter." ' The motion passed 7-0. 5. Approval . It was moved by Councilman Hanks, seconded by of Agenda Councilman Backes, to approve the consent agenda . for February 4, 1980, as presented. The motion passed 7-0. , It was moved by Councilman Elatrom� aeconded by Councilman Hanks, to approve the agenda for February 4, 1980, with the following additions: lOb, Cable Television; lOc, Mortgage Revenue Bonds; lOd, Highway 12; with removal of Item 9i. The motion passed 7-0. -42- �, City Council minutes, February 4, 1980 PUBLIC HEARINGS 6a. Preliminary Plat; Community Housing and Service Corporation application 4835 Minnetonka Blvd. for preliminary plat approval at 4835 Minnetonka Boulevard, as described in Notice of Hearing published January 23, 1980. Bernie Herman, project architect, was present to respond to questions or requests for clarification. Responding to questions from the Council, the City Manager said there had been no negative response from the neighborhood related to the proposal, and it would not be necessary to excavate existing streets for utility connection. There being no one further wishing to speak, the Mayor declared the hearing closed. IC was moved by Councilman Martin, seconded by Councilman Meland, to approve the preliminary plat in accordance with subdivision ordinance requirements. The motion passed 7-0. . 6b. Bernie's Del Application of Bernard Horovitz to change zoning to Zoning Change B-2 at 4212 Minnetonka Boulevard, as described in Notice of Hearing published January 23, 1980. It was moved by Councilman Hanks, seconded by Councilman Meland, to continue the hearing to March 17, 1980, at the request of the applicant. In response to questions, the Planning Director explained the Ordinance Code requires that final action occur within 60 days of opening the public hearing. It was moved by Councilman Hanks, seconded by Councilman Meland, to cancel the March 17, 1980, City Council meeting, reschedule it for March 24, 1980, and continue the public hearing to that date. The motion passed 7-0. , 7. None. PETITIONS, REQUESTS AND COI�4tiJNICATIONS , RESOLUTIONS AND ORDINANCES 8a. Delmark Bonds; By conaent� the Council adopted Resolution No. 6484� Resolution No. 6484 entitled "Resolution authoriztng the ieauance and sale of $1 million principal amount of St. Louis Park, Diinnesota� induetrial development revenue bonda (The -4 3- City Council minutes, February 4, 1980 Delmark Company, Inc. Project), Series 1980 and providing for the details, ' execution, authentication and delivery thereof; approving the form, terms, provisions and conditions of the guarantee and indertm ification , agreement and letter of representation Inch•dali=ovin btheaform United States, Inc., and the Delmark Company, � PP 8 , terms, provisions, conditions and execution of the amendment to the sale agreeme�t, the supplement to the mortgage and indenture of trust and the bond pur- chase agreement; and making provision for other matters in connection with the foregoing." 8b. Securities; By consent, the Council approved Resolution Resolution No. 6485 No. 6485, entitled "Resolution approving securities for collateral from Shelard National Bank, St. Louis Park, Minnesota." REPORTS FROM OFFICERS, BOARDS AND COTiN1ITTEES 9a. Planning Coam�is s ion The minutes of the Planning Commission meeting held January 16, 1980, were received for filing by consent. 9b. Board of The minutes of the Board of Zoning Appeals Zoning Appeals meeting held December 27, 1979, were received for filing by consent. 9c. 1400 Vernon Avenue; Application of Frantz Klodt � Sons, Inc., for Resolution No. 6486 special permit to construct hotel/Class I restaurant at 1400 Vernon Avenue. Ron Krank and Dave Johnson, representing the applicant, explained the request as contained in the staff report; they also requested that Condition No. 9 of the approving resolution be amended to permit temporary access to the frontage road until October 15, 1983, subject to extension as required. After discussion, it was moved by Councilman Meland, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 6486, entitled "A resolution granting permit under Section 14-124 of the St. Louis Park Ordinance Code related to zoning to permit the construction of a 299-unit hotel with a Class I restaurant for property located in the DDD, Diversified Development District, at 1400 Vernon Avenue," as presented by staff. It was moved by Councilman Backes, amend the resolution, Condition No. to extension as required." seconded by Councilman Hanks, to 9, to include the phrase "subject The motion to amend passed 6-1 (Councilman Meland opposed). The main motion passed 7-0. -44- csty� cQunci� mipute�t �ehruary 4, 1980 9d. Chan Restaurant; Application of Helen Mee-Yone Chan for Resolution No. 6487 special permit to operate Class I restaurant at 5009 Excelsior Boulevard. Councilman Martin asked clarification of staff's concern with the number of future restauranCs in the Miracle Mile shopping center. The Planning Director explained that the management of the center had not presenCed final plans for its refurbishing and anticipated tenants; however, he did not recommend that conversion of substantial space for restaurant use the most appropriate long-range plan. He also explained that resCaurant parking requirements are four times as great as those for retail shopping centers, but the efficiency rate would be less. It was moved by Councilman Backes, seconded by Councilman Elstrom� to approve the special permit for a Class I restaurant as requested. Mr. Chan stated the Crash would be collected daily and the cans would be located inside the building. In response to Councilman Hanks, the City Manager explained that minors, not accompanied by adults, would not be allowed in premises where alcoholic beverages are served. Councilman Hanks vas concerned that with the proliferation of wine licenses, young people would have fewer choices of eaCing establishments. Councilman Elstrom stated that at the Planning Commission review of the matter, the applicant indicated it would seek special permit approval with or without a license to sell wine. It wae moved by Councilman Hanks, seconded by Councilman Elstrom, to amend the motion,granting a special permit for a Class II restaurant and to waive reading and adopt Resolution No. 6487, entitled "A resolUtion granting permit under Section 14-124.01 of the St. Louis Park Ordinance Code related to zoning to permit the operation of a Class II restaurant located in the PUD, Planned Unit Development District, at 5009 Excelsior Boulevard." The motion to amend passed 7-0. The main motion passed 7-0. 9e. Municipal Parking Preliminary engineering report, Project 80-15, Lot Lighting municipal parking lot lighting, West 38 Street/ Natchez Avenue. The Council set public hearing on the project for March 3, 1980, by consen t . -45- City Council minutes, February 4, 1980 9f. Gorham Avenue Preliminary engineering report, Project 80-12, Street Lighti� Gorham Avenue street lighting. The Council set public hearing on the project for March 3, 1980, by consent. 9g. Housin Housing and Redevelopment Authority study Authority Study (M. & C. No. 80-10) and report from Vice Chairman of Authoriry. It was moved by Councilman Meland, seconded by Councilman Hanks, to defer the item until March 3, 1980. The motion passed 6-1 (Councilman Martin opposed). 9h. Traffic Study 221; TraEfic Study No. 221; Hampshire Avenue north Resolution No. 6488 of Cedar Lake Road at Eliot Community Center. It was moved by Councilman Ralles, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. b488, entitled "Resolution authorizing placement of traffic control signs at Hampshire Avenue north of Cedar Lake Road." The motion passed 7-0. 9i. Traffic Study 222 Traffic Study No. 222, Geor�ia and Hampshire Avenues from Minnetonka Boulevard to West 31 Street, was removed from consideration during approval of the agenda. 9j. December Financial Report 10a. Appointments The monthly financial report for December, 1979, was received for filing by consent. UNFINISHED BUSINESS Appointments to boards and co�nissions. It was moved bv Councilman Martin to appoint Thomas Schultz and Nancy Forstrom to the Parks and Recreation Commission. Following considerable discussion related to the interview procedure, Councilman Martin withdrew the motion. It was moved by Councilman Backes, seconded by Councilman Elstrom, to interview all persons selecting Parks and Recreation and Numan Rights Commissions as their first choice prior to the February 25, 1980, Council meeting. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Backes, to defer the balance of appointments. The motion passed 7-0. -4 6- —��.� lOb. Televised Council Meetings lOc. City Council minuCes, February 4, 1980 Policy related to televised Council meetings (requested by Councilman Meland). Councilman Meland suggested that a policy should be established related to the role of the camera during Council meetin$s, to also include taping, dispensing and storing film. He said he had an aversion to allowing the camera operator to serve as editor. It was moved by Councilman Meland, seconded by Councilman Elstrom, to authorize a staff study of the matter for Council review, including perhaps guidelines used by other governmental agencies. Councilman Elstrom suggested the Council could also consider limiting taping to portions of the meetings such as public hearings and ne�w business. The motion passed 7-0. Mortgage Rev. Bonds; Mortga e revenue bonds (requested by Councilman Resolutions b489 b Meland�. 6490 It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 6439, entitled "Resolution giving preliminary approval to a proposed mortgage finance program," deleting reference to a specific firm to assist the City in the develop- ment of such program. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Reaolution No. 6490, entitled "Resolution opposing federal legislation restricting the issuance of housing mortgage revenue bonds by municipalitiea," calling upon the Minnesota delegation of eight RepresenCatives and two Senators to vote against the Ullman Bill unless it provides benefit to the State of Minnesota or specifically St. Louis Park. The motion passed 7-0. lOd. Highway 12; Resolution No. 6491 Resolution No. 5464, adopted January 19, 1976� in support of upgrading and fast-link transit for Highway 12 (Requested by Councilsaan Heland). It wae moved by Councilman Meland, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6491, entitled "A resolution amending Reaolution No. 5464 supporting upgrading of Highvay 12 and development of fast-link traneiC�" including the following araendmenta to Resolution No. 5464: Paragraph No. 7-- delete "recent2y"; Item No. 4-- add "proposed" I-394; ICem No. 6--delete entirely; renumber Items 7 b 8 to 6 b 7. Following discussion, the motion passed 6-1 (Cauncilman Hartin oppoeed). -4 7- lla. Park. Pizzeria City Council minuCes, February 4, 1980 NEW BUSINESS Application of Park Pizzeria for on-sale intoxicating wine license. By consent, the City Council set public hearing on the application for February 25, 1980. llb. City Hall Time extension: completion of City Hall Garage Time garage (George F. Cook Construction Co.). Extension By consent, the date for final completion of the project was extended to June 1, 1980. llc. 1980 Assessments; 1980 street assessment rates (M. � C. No. Resolution No. 6492 SO-09). It was moved by Councilman Martin, seconded by Councilman Ralles, to establish a 1980 street improvement assessment rate at $17 per front foot. Councilman Backes stated he could not support an increase from $12 to $17 within one year and explained it would be inequitable for persons having to pay for projects constructed in 1980 as opposed to 1979. Councilman tiartin noted that in the past, some areas had requested the delay in street improvement and it was not always due to a Council decision. He believed the entire City would be required to absorb the construction cost, should the rates not be increased; therefore, it could be equally unfair for the citizen who paid the lower rate in the past to subsidize the higher costs of 1980 construction through higher taxes. Councilman Hanks suggested the two neighborhoods evaluated to determine the 1979 front-foot costs had unique problems which would probably not recur in 1980. Following further discussion, the motion failed 2-5 (Councilmen Martin and Ralles in favor). It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6492, entitled "A resolution stating special assessment policy in paving, curb and gutter projects,'� setting the 1980 street aesessment rate at $16 per front foot. � The motion passed S-2 (Councilmen Backes and Meland opposed). lld. Data Privacy; Deaignation of responsible authority related Resolution No. 6493 to privacy designation of certain documents (M. b C. No. 80-11). Resolution No. 6493, entitled "Reaolution designating a responsible authority in accordance with the Minnesota Government Data Practices Act," wae adopted by conaent. . -1+ f? - ".+� CiCy Council minutes, February 4, 1980 lle. Lenox Bid Tabulation Bid tabulation - Lenox Community Center windows. It was moved by Councilman Backes, seconded by Councilman Meland, to designate Bernco, Inc., lowest responsible bidder and authorize execution of contract at $146,081. Councilman Hanks suggested that during discussion of the Community Education budget, it had been indicated that the School District would meet some of the above costs in kind with labor. The City Manager stated the discussion was unrelated to the project. The motion passed 7-0. llf. Council Amendment to Section 2-119 of the Ordinance Committees Code related to Council committees (authorized January Z1, 1980). IC was moved by Councilman Elstrom, seconded by Councilman Ralles, to waive first reading of the ordinance and set second reading for February 25, 1980. The motion passed 7-0. llg. Nursing Services Suburban Public l�ealth Nursing Service request for additional funding. It was moved by Councilman Meland, seconded by Councilman Martin, to authorize expenditure of an additional $9,070 for 1979 health services. The motion passed 6-1 (Councilman Backes opposed). llh. Shelard Subdiviaion; Request of Shelard Development Company for Resolution No. 6494 subdivision bond reduction. By consent, Resolution No. 6494, entitled "Resolution accepting work for subdivision contract construction - Shelard Park Subdivision," was adopted by a vote of 6-0-1 (Councilman Backes abstained). , lli. Westwood Estatea Request of McNulty Construction Company,for• 4th Addition; subdivision bond reduction. . Resolution No. 6495 By consent, the Council adopted Resolution No. 6495, entitled "Resolution accepting partial completion of work and authorizing a reduced bond for the remainder of Westwood Estates 4th Addition." llj. HousinR Assistance Plan The motion pasaed 7-0. liousing Assistance Plan - 1980. It was moved by Councilman Hanks, seconded by Councilman Ralles, to approve the plan. -49- n City Council minutes, February 4, 1980 llk. Pending , Litigation Settlement discussion related to pending litigation (closed session). It was moved by Councilman Hanks, seconded by Councilman Meland, to authorize negotiation of settlements (two) as described by City Attorney. The motion passed 7-0. I � 11L. Byerly's i Off-Sale Application of Byerly's for off-sale nonintoxicating liquor license. By consent, the Council set public hearing on the application for February 2S, 1980. llm. Well No. 12 Bid Tabulation Bid tab ulation - replacement of Well No. 12. By consent, the Council designated Layne Minnesota Well Company lowest responsible bidder and authorized execution of the contract at $17,925. MISCELLANEOUS 12a. Damage By consent, the Council authorized the Claims following claims filed with the City Clerk for proper action by the City Manager and City Attorney: Dorothy Schrupp, 3241 Idaho; Lyle D. HunCer, 3245 Idaho; Norman Knudsen, 3249 Idaho; Burton Danielson, 3253 Idaho; Jeff Lebowski, 3350 Decatur Lane. 12b. Communications Meeting Dates - It was moved by Councilman from City Manager Hanks, seconded by Councilman Martin, to cancel the February 19, 1980, meeting and reschedule to February 25, 1980. The motion passed 7-0. The Council also cancelled the March 17, 1980, meeCing and rescheduled it to rfarch 24, 1980 (see Item 6b). The Council agreed to view video tapes of the City's water wells at 6:30 p.m. prior to its February 25 meeting. , 12c. Communications Community Day - Mayor McQuaid announced that from Mayor a City community Day "Party in the Park" would be held July 4, 1980. Councilman Elstrom suggested the occasion might be appropriate tu recognize members of boards and commissions. -SO- City Council minutes, February 4, 1980 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified Claims 1980, in the total amounts payroll, were approved and Treasurer were authorized of 7-0. 13b. Contract Payments; Resolutions 6496 and 6497 On motion of Councilman Hanks, seconded by Councilman Martin, the list of verified claims prepared by the Director of Finance and dir- ected to the City Council dated Febr�iary 4, of $207,427 for vendors and $9,208.70 for the City Manager, City Clerk and City to issue checks in the same amounts by a vote It was moved by Councilman Elstrom, seconded by Councilman Ralles, to approve and authorize the following partial payments: 1. Partial payment, paving, sidewalk and misc., Projects 79-01, 79-03, 79-08 and 79-43, Hardrives, Inc. Amount: $51,944.26. 2. Partial payment, City Hall garage, Project 78-20, George F. Cook Construction Company. Amount: $20,232.50. 3. Partial payment, paving, curb, gutter, alley paving and parking lots, Projects 75-39, 77-38B, 79-04, 79-07, 79-35, 79-35A and 79-07, Arcon Construction Company. Amount: $16,071.59. The motion passed 7-0. It was moved by Councilman Hanks, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 6496, entitled "Resolution accepting work on street lighting, Improvement Nos. 77-11C, 78-48, 78-49 and 7iI-44A," and Resolution No. 6497, entitled "Resolution accepting work on City Hall garage, Ir�provement No. 78-20," on the following final contract payments: 4. Final paymenC, street lighting, Collins Electric Company. Amount: $33,620. 5. Final payment, City Hall garage, West Electric Company. Amount: $1,651. The motion passed 7-0. 14. Adjournment On motion of Councilman Meland, seconded by• Councilman Hanks, the meeting was adjourned at 9:40 p.m. by a vote of 7-0. ACtest: l/�o . � � � .� Mrs. Flanagan Recording Secretary , .�U •� i��e . Phyl s McQuaid Mayor -51- v �~