The URL can be used to link to this page

Home My WebLink About1981/02/02 - ADMIN - Minutes - City Council - Regular.:, l. Call to Order MINUTES CITY COUNCIL MEETIN� ST. LOUIS PARK, MINNESOTA February 2, 1981 A regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Phyllis McQuaid. 2. Presentations It was moved by Councilman Meland, sec- Resolution No. 6765 onded by Councilman Hanks, to extend a Resolution of Sympathy to Art and Jackie Ingersoll. 3. 4. 5. The motion passed 7-0. Roll Call The following at roll call: Councilmembers were pres�nt Ronald Backes Martha Elstrom Lyle Hanks Phyllis . Jerrold Martin Kei th P�el and John Ralles McQuaid Also present were the City t�ianaqer, City Attorney, Director of Planning and Direc�or of Public Works. Approval of Plinutes It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the minutes of the City Council/Policy Advisory Commission meetinc� held January 19, 19II1. The motion passed 7-�J. It was moved by Councilman the minutes of the regular amended on page 27, item 8e Meland opposed). The motion passed 7-0. Ap�rova1 of Aqenda_ presented. The motion passed 7-0. I� was m�ved by Councilman the.a�enda for February 2, Item lld, Possib1e Trapping The motion passed 7-0. Backes, seconded by Councilm�n Hanks, to approve City Council meetinc� held January 19, 1981 as to reflect that the vote was 6-1 (Councilman It was moved by Councilman Hanks, seconded by Counci 1 man P1arti n, to a��prove the consent agenda for February 2, 1981 as Ralles, seconded by Counci1man Elstrom, to approve 1981 as presented with the following addition: Ordinance, as requested by Councilman Elstrom. -37 .�.�. = — - � Ci ty Counci 1 r�ieeti nc1 mi nirtes February 2, 1981 6. None PUaLIC HEARINGS PETITIONS, REQUESTS, COP9MUNI.CATIONS 7a. Centurion Company Centurion Company's petition for streei: and sani tary sewer � water. P1r. Len Thiel addressed the Council on behalf of Cen��of1We�st 24qhest for street and sanitary sewer water to the north en Street abuttinc� lo�s 1 and 2. Ne said he would like the Council to se�t a dat� for the public hearing as soon as possible because of a rather tiqht timP f rane. It was moved by Councilman Hanks, seconded 5,y Councilman Backes, to set a date for the hearinq. Counci 1 man Mel and sai d a report from �:he Enqi neeri nq Department wo ul d be required first. The City Planager said that the engineering renort was not completed yet but could nrobably be made available by the next Council meeting. In response to a question, the City Attorney said that Council coulc� look into the matter of speeding up the procedures involved in the resolution of this request. The City Manager pointed out that the other property owner invalved wo�ald have to be notified of the hearing date. It was moved by Councilman Hanks, seconded by Councilman Ralles, ta schedule the preliminary engineering report for February 17, schedule review of the final plat by the Planninq Commission for February 18 and hold the public hearing on March 2. The motion passed 7-0. 8a. Tow Trucks; Ordinance No. RESOLUTIONS AND ORDINANCES Second reading of ordinance reqar�inq 1494 t�w trucks in.residential neiqhborhoods. Mr. Gary Schumacher, 2924 Jersey, address�ed the Council to request that the ordinance remai n as i s. He sai d that the person arho brounht thi s v�hole matter about has onl,y one� tow truck and wi 11 not be affected. by the chanqp� Counci lman P�1artin sai d there was more to the nrobl er� than the pa rki nq of one tow truck. He said that the esthetics of the neic�hborhoods where trucks were parked was certainly of cancern to everyone. He s�id this proposed ordinance chanqe is fair to everyone involveci. -38- City Council meeting minutes Februa ry 2 , 1981 �1r. Schumacher said he mind his parking more mitted to do so. ��tayo r McQua i d as fairly as wi th matters thought if the majority of his neiqhbors did not than one truck on his property, he should be per- said that the purpose of ordinances was possible and that it.was not possible for such as this on a case-by-case hasis. to treat Council everyone to deal Mr. Bradlee �3irt, 4406 W. 36th St., said he worked for Golden Auto and that there t,►as another tow truck operator across the street from him. He said that none of the homes on the block had qaraqes and asked Council how the problem of more than one truck in a neighborhood could be resolved. Counc�lman 1�1artin said that if either person received a.ticket, they would probably have to qo to court and explain the situation. It was moved readinq and the parking Amending St. by Councilman Hanks, seconded by Councilman Elstrom, to waive adopt Ordinance No. 1494 entitled, "An ordinance relating to of tow trucks on or near residential use district properties; Louis Park Ordinance Code, Section 10-317(2)." The motion passed 7-0. A motion for reconsideration was made by Councilman Meland, seconded by Councilman Ralles, on the advice of the City Attorney. The motion passed 6-1 (Councilman Hanks opposed). The City Attorney said he had studied the proposed he had come up with language that would satisfy the oressed. He read the languac�e chanqe: ordinance and felt that concerns previously ex- (2) Unlawful parking. Except when loading, unloading or render- ing service, �t is unlawful for any person owninq, driving or in charge of a motor vehicle to cause or permit within any residential use clistrict (a) the parkinq on an,y public or private property out- side of an enclosed structure of more than one tow truck per resi- denti al uni t, or ( b) tf�e parki nq on any publ i c or pri vate property or the storage within any enclosed structure of any co�»mercial bus , tractor, truck tractor or tractor trai 1 er combi nati on or of any motor vehicle in excess of �,OOQ lbs. gross vehicle weight or in excess of 22 feet in length. It was reading moved by Councilman Meland, seconded by Councilman Ralles, to waive and adopt the ordinance as amended. Councilman Elstrom said she had a concern regarding more than one vehicle per residence and wondered if a phrase to that effect could not also be incorporated into the lanquac�e of the ordinance. -39- � C1ty Council meeting minutes February 2, 1981 � P�ayor McQuaid asked if that was acceptable to the make r of the motion. Councilman Meland said that was acceptable. The City Attorney sai� that phrase would be incorporated after the words "enclosed structure." Councilman Hanks said he was concerned about the action Council was iakinq. '�e said that interested parties had been invited to participate in Council's deliberations of this proposed ordinance chanqe and that now after those persons had left, it was reonened for discussion and other changes. Councilman P�lartin said he would request that those in attendance enclosing a copy of the chanQes as presented by the Cit,y Attorney. staff send a letter to ordinance with the language The motion to waive readinq and adopt the ordinance as anended passed 6-1 (Councilman Hanks opposed). 8b. Severance Pay; Ordi nance TJo . 1495 Second readi nQ of ordi nance reqardi ng severance pay. t��- It was moved by Councilman Hanks, seconded by Councilman �1a rtin, to waive second reading and adopt Ordinance No. 1495 entitled, "An ordinance amending Chapter 3, Personnel, of the St. Louis Park Ordinance Code." The motion passed 7-0. 8c. Public Utility Vacation; Ordinance No. 1496 Second readinv of ordinance vacation of public utility Frantz Kl odt & Son . It was moved by Councilman Pleland, seconded waive readinq and adopt Ordinance P�o. 1496 vacatina utility easement." The motion passed 7-0. 8d, Public Safet Alarms rec�ardi ng easement, by Counci 1 man El strom, to enti tl ed, "An orcli nance First readinq of an ordinance regarding public safety alarms. It was moved by Councilman Hanks, seconded by Councilman Bac first reading and set second readinq for February 17� 1981 kes, to waive The motion passed 7-0, -40- City Council meeting minutes February 2, 1981 REPORTS OF OFFICERS, BOARDS, COMMITTEES 9a. Planninq Commission meeting minutes 9b. Park & Recreation meeting minutes 9c. Community Relations meetinq 9d. Charter Commission m�nutes 9e. 9f. 9q. Financial Report 6Ji 11 ow Park The minutes of the Planning Commission meeting held January 21, 1981 were ordered filed by consent. The minutes of the Park & Recreation Advisory Committee meeting held Jan- uary 14, 1981 were ordered filed by consent. The mi nutes of the Corr�nun i ty Rel ati ons Commission meeting held January 8, 1981 were ordered filed by consent. Tk�e minutes of the Char�er Commission meeting held January 20, 1981 were ordered filed by consent. The December 1980 financial report was ordere� filed by consent. Preliminary engineering report: Willow Park. It was moved by Councilman Meland, seconded by Councilrnan Hanks, to set March 16, 1981 for the improvement hearing on this project. Councilman Ralles asked for clarification of the phrase "nearly meets traffic signal warrants." The City Manaqer explained that meetinq a warrant refers to the traffic count carried out at an intersection. . The motion passed 7-0. South Hannan Lake Preliminary enc�ineering report: South Hannan Lake.. It was moved by Councilman Elstrom�entchearanbyon�thislprojectkes to set March 16, 1981 for the improve 9 The motion passed 7-0. 9h. Street imvrovement assessment rates Street improvement assessment rates. It was moved by Councilman Hanks, seconded by Councilman accept the recommendation of staff's report and leave the currently stand. � The motion passed 7-0. _41- Ralles, to rates as they ► - . _ --- .-. City Council February �2, meetinq 19�1 minutes 9i. State aid route; Resolution No. 6766 It was moved waive reading redesignatinq Aid routes." Redesiqnation of Plunicipal State Aid route. by Councilman Meiand, seconded and adopt Resolution No. 6766 Virqinia Avenue and West 28th The motion passed 7-0. 9j. Request for amendment - Shelard Co. Resolution No. 6767 by Councilman Hanks, to entitled, "Resolut��n Street as M�mi ci pal State Request of Shelard Companies for an amendment 1:0 overa 11 pl an . It was moved �h.y Counci lman Ral l es , seconded by Counci 1 man t+iel and, to waive reading and adopt Resolution 6767 entitled, "A resolution rescindinq Resolution No. 6633 and all previous special permit reso- 1 uti ons for Shel ard Park and c�ran�:i ng perr�i t under Secti on 14-195 (1 } and i 4-1 �5 ( 3} of the Zoni na Orc�i nance to permi t a commerci al and a residential development for property located in the 6-2 General Business District and R-B Resi�Jential �usiness District in Shelard Park," incorporatin� the conditions as specified in the resolution. The motion passed 6-0-1 9k. Farr's St�nset Ri dqe; Resolution No. 6768 (Councilman Backes abstained). Application final plat. of Farr's Sunset Ridge for It was moved by Councilman Elstrom, seconded by to waive reading and adopt Resolution No. 6768 giving aoproval of fiinal plat of Farr's Sunset The motion passed 7-0. Councilrr�an Ralles, entitled, "Resolution Ridge 2nd addition." 91. Farr Development request Request of Darrell A. Farr Development for special permit; Corp, for a special permit. Resolution No. 6769 It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adapt Resolution No. 6769 entitled, "A Resolution qrantinc� perr�it under Section 14-124(2) of the St. Louis Park Ord- inance Code re�at�ng to zon�ng to permit a 60-unit condominium development for property located in the DDD �istrict at 2100-2150 Ridge Drive." including the conditions as specified in tne resolution. The motion passed 7-0. 9m. Request of Lou Park for ar�endment; Resolution No. 6770 Request of Lou Park for an amendment to overall plan. It was �noved hy Councilman Nanks, seconded waive readinq and adopt Resolution No. 6770 -42 _ by Counci 1 man h1Pl and, to entitied, "A resolution 'r.1 �......�........�._... - - � City Council February 2, meetinq i 9i31 minutes ►r � : amending Resolution 5502 adopted April 19 Sectio� 14-195 (6:176.2 and 6:176.4) ofi t Code to permi t a res i den ti al devel opment ment unit for property located in the R-4 business district in Lou Park addition." , 1976 grantinq permit under he St. Louis Park Ordinance unit and commercial deveiop- muitiple family and B-2 general In answer to a questi�n from Councilman Backes, the Director of Planning explained that applicant's request for a reduction in parking could not be qranted at this time under the current ordinance. He said applicant w�s not proposinq specific development on Parcel C at this time, but that he is on Parcel E, the next item on the agenda. Mr. Dan Otten, applicant, stated he understood that and that he did not want development of Parcel C to be part of his special permit request for Parcel E. Councilman Backes said that it was not part of the special permit request. The motion passed 7-0. 9n. Lou Park, special ermit; Resolution o. f771 Mr. Otten said he lution to extend October of 1982. that an extension the site. Request of Lou Park for a special permit for a 72-unit developr�ent. req�aests a chanqe in condition three of the reso- completion of landscaping, curbing and driveways to He said the best time for planting is in the fall and would allow time �for the subcontractors to clean up It was moved by Councilman P�1eland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 6771 entitled, "A resolution grantinq permit under Section 1�-195 of the St. Louis Park Ordinance Code re1atin� to zoning to permit a 72-unit multi-family development for property located in the R-4 district at 1426 Hampshire Ave. So." and amending the third point of the resolution to extend completion of land- scapinq to October 15, 1981. - The motion passed 7-J. 90. Felipe's Restauran� It was moved by Councilman reject the request. Request of Felipe's Mexican R,estaurant for a special permit. Nanks, seconded by Councilman Backes, to Mr. Wayne Palodichuk, represen�inq the applicant, said that apparently what the applicant s��bmitted to the Planning Commission was not within the rules and regulations of the City. He said the applicant was told that they should have applied for a zon�na change rather than a special perr�it. He said his question to Councl1 was how to proceed at this po�i n t . Councilrnan f3ackes stated he was at the Planning Commission meeting and -43- City Council meeting minutes February 2, 1981 I restaurants are prohi bi ted from the south si de of Excel �- since Class Ne ' vd. a licant's request for a spec�al permit wasIdenermit a s�or B1 � Pp • would like a Class p , nd said th� ap�licant was asked 7f they did not as they wish to serve wine. He said they responded they anothe r restaur- there has been discussion in the past about set�onbeuperved, but that ant classification that woulcl.perm7t wineabout a licant's request Council would not be able to do anyth�ng Pp that eveninq. Mr. Palodichuk asked �ha�t in �erms much �ime were th�y �alkinq about. of a study being undertaken, how Counci lrnan Martin sai d that staff's report on undertaki ng such a study sp�cifies approximat�ly 30 days to complete such a study. Councilman Backes sa7d Council wo�ald want to avoid any misunderstanding about a decision fiarthcominc� in 30 days because a public hearing was involved, �the report would have to go back to the Planning Commission and then to Council, and if amendments were to be made to the ordinance that would take additional time. Councilman Meland said he wanted to point out that any change in the zoning ordinance woulcl take a two-thirds vote of the Council, not a simp�e majority. The City Manaqer said in fairness to P1r. Pa1odichuk it should be pointed out that there was a qreat deal more involved he re than the results of a study. Significant changes would have to be made in policies of Planninq, the Mousinc� and Redevelopment �uthority and the policies of the City Council. Councilman Hanks said that he would never suppo rt liquor on the south side of Excelsior, and that he to know his position on this matter. a change permittinq just wanted Council P�1ayor McQuai d sai d she fe1 t the same as Counci 1 man Hanks on thi s r�atter. It was moved by Councilman P1eland seconded by Councilman Elstrom, to tabie Councilman Hanks' motion. � The motion passed 4-3 (Councilman Backes, Hanks, Mayor McQuaid opposed). The City P1anager said this item could come off table at any time with a simple majority vote. 9�. Restaurant classifications Study of restaurant classifications. It tivas moved by Counci 1 r�an Ral 1 es seconded by Counci 1 man E1 strom, to authorize a s t u d y o f r e s t a u r a n t c l a s s i fica tions. Councilman Backes asked for clarification on exactly what was to be stuciied. He said it appeared to him that for now items 1 2 and 3 shoul d be studi ed. Ele sai ci Counci 1 i s 1 ooki ng for a Ci t�wi � ol � c. He suggested that�if the process did �� through and t y�de P was he ordinance -44- I , f �_. _. _ _ .._. _..._. _. ....-- - -. .___ __ _ - - - _. - _. . _. . . - - . . . _, _ --- _ .._ a""' —��__._,� _.__�..... City Co��ncii meetinv minutes Februa ry 2 , 1981 amended to allow a separate classification for the saie of wine only, perhaps the two existinq holders of wine licenses could have their classification changed to permit wine only and thereby avoid a problem with Class I restaurant license holders applying for iiquor licenses. Councilman Lo him. Ralles said that study of items 1, 2 and 3 was acceptabie The motion passed 6-1 (Councilman Hanks opposed), 9q. fioliday Station Stores Resolut�on No. 6772 10a. lOb. Request of Holiday Station Stares for an amendment to a speciai permit. It was moved b,y Councilman Meland, seconded by Councilman Ralles, to waive readinq and adoot Resolution No. 6772 entitled, "A resolution amending Resolution 4847 adopted June 18, 1973 Qranting permit under Section 14-150 (6:111.3(1)) of the St. Louis Park Ordinance Code to permit a motor fuel station at 6011 Excelsior Blvd." The motion �assed 7-0. Boards & Commissions UNFINISHED BUSINESS Appointments to Boards and Commissions. Councilman Ralles said he had sent a letter to Ward Hurd welcoming him to the Community Relations Commission. Staff said a letter inforr�ing him of the details of ineetin4s and so forth would be sent over the City Manager's signature. . Councilman Elstrom asked that appointments be made io interview the two people interested in serving on the Human Rights Commission. Councilman hteland said he would be happy to sit in on the interviews. Recycl i n� u�date Recycling update. It was moved by Councilman Ralles, seconded by Councilman Elstrom, to accept ihe recommendations of the report. The vote on the motion was 4-3 (Councilmen Hanks, P9artin, Meland opposed), but the motion failed as 6 votes in favor are required be- cause there is an allocation of City funds invalved. lOc. Suburban Health Nursing Servi ce^ V�^ Suburban Public Health Nursing Service. Councilman Meland said he just wanted to state again that the community is in pntential danger of losing ma�ternal and child health care unless there is mandatory licensing and a certificate of need processed for these nursing groups to provide home health care. He said Council should probably adopt a resolution urging the Legislature to mandate licensing of these groups or there would poien�ially be a pro1iferation -45- � Gity Counci1 meetinc� minutes Februar,y 2, 19�1 of this type of home to adopt a resolution nursina service. He sugqest Council might want reqardinq licens7nq• It was moved by Councilman direct staff to prepare a home health care services The mo�:ion passed 7-0. lla. Police contract Resolution G773 llb. llc. lld. Meland, seconded by resolution regar�ding for submission to the NEW BUSINESS Councilman Hanks to the licensing of State legislature. 1981-1982 Police Contract It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resoluiion No. 6773 entitled, "Resolution establishing police salaries, insurance contributions and clothing allowance for the years ending December 31, 19£31 and December 31, 1982," The motion passed �6-1 �(Councilman P�1artin abstained). Coach Homes; Fire lane desiqnation: Coach Homes. Resolution No. 6774 Resolution No. 6774 entitled, "Resolution authorizinq placement of traffic control sions establishinQ fire lanes at the Coach Homes of Shelard Park"was adopted by consent. Northwestern Bell Easer�ent to Northwestern Be11 Telephone Co. It was moved by Councilman Meland, seconded by�Councilman Ralles, to waive first readin� of the ordinance and set second reading for February 17, 1981. The motion passed 7-0. Traqpinq Ordinance Animal trapping ordinance. Councilman Elstrom said she had been contacted by several residents reportinc� various animals have been caught in traps within the City. Those residents had requested that the Cityinvestigate adopting an ordinance that would ban leg-hold traps. It was moved by Councilman Elstrom, seconded by Councilman Ralles, to direct staff to investigaie this situation and report back to Council with its recommenclations. �. The r�otion passed 7-0. City Council February 2, 12a. �eetinq 1981 Damaqe Claims minutes MISCELLANEOUS Oamage claims: C. J. Coykendall 3344 Aquila Ave., SLP By consent, the Council authorized the above claims to be the City Clerk fo r proper action by the City Manager and Attorney. 12b. Communications fror� the Mayo�r �1�rCt6h No . 6775 12. fi led �r�ith the City l. League of Cities LJashington conference. Three Councilmembers will be attending ___ the conference and Mayor ��cQuaicl asked if those not attendinq the conference would be �at the �1arch 2 meetinq as those four would constitute the necessary quorum. ��ayor McQuaid, Council- members Hanks, Meland and Ralles will be in attendance at the i�iarch 2 Council meetinq. 2. EPA Superfund. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution Noe 677� entit1ed "Resolution supportinq efforts of the Minnesota Pollution Control Agency to request funding for engineering services from the U.S. Environmental Protection Agency for groundwater contamination treatments in the City of St. Louis Park." The motion passed 7-0. 3. I-394. Cor�munication from planner from the Metropolitan Council> She said that the Directors of Planning and Public Works, the City Manager and herself had met on two occasions with members of the Goiden Valley staff and have drafted a letter to Rep. Frenzel as well as a position statement with which both cities aqree. She said the Metro Council was to review the position statement on February 17 and she wondered if Council would aqree to a special meetina at 5:00 n.m, on Feb. 9 to review the statement. Al1 in attendance said that meeting would be agreeable, 4. The Cit.y Manager had requested a study session for Saturday, P1arch 14 to discuss various City issues and some personnel items. This meeting was agreeable to all Councilmembers and the time was set for 9:00 a.m, in �;he Senior Citizens room at the Rec Center. Councilman Ralles will be out of town. Cor�munications from He said that if anyone had any questions the City I�1anager about the PERA memo they received, to please contact the Director of Finance. He on the asked if Council would be interested in having staff undertake a study the feasibility of increasinq the fees at the Rec Center or studying fee structure at the Rec Center. Counci lman h1el and such a study. The Ci t,y Manager asked if staff felt there was some reason to undertake said it really depended upon what your position tivas with n� b. � City Council February 2, meeti nq 1�81 respect venture to make said if fees at minutes to the or not. Parl<s & it were this ti function of a Rec Center � should it be atmon�effmcultg He said he is of the opinion it is pret y Recreation activities completely self-su�P�aisinq the up to him, he would have to recommend no me, especial�iy since they �Nere so recently raised. It was moved b.y Councilman Hanks, leave the fees as they are-for one The motion passed 7-0. seconded by more season Councilman and they P�el and, perhaps to review. Council ad,iourned for executive session at which time matters of litiqation were discussed. With reqard to the matter of Louis Parkgation, Matthews, Matthews and Askew vs. U.S. of America and St it was moved b,y Councilman Hanks, seconded by Councilman Meland, to authorize settl�ment in the sum of $250. The motion passed 7-0. Council reconvened in chambers. CLAIMS, APPROPRIATIO�JS AIVD CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Meland, sec- onded by Councilman Ralles, that the list of verified claims prepared by the Director of Finance and directed to the City Council date� February 2, 1981 in the total amount of �297,637.82 for vendors and $9,364.50 for payroll be approved and the Ci ty P�lanager ancl Ci ty Treasurer be authori zed to issue checks in the same amount by a vote of 7-0. 13b. Contract Payrnents; It �,ras r�oved by Councilman P�leland, seconded artial by Councilman Elstrom to authorize paymen� of the followinq partial contract payments: l. Bud Johnson Construction, Westwood Hills Center, Project 79-57. Amount: �5,531. 14. 2. Gladstone Construction, second floor remodeling of City Hall, Amount: $13,619.20. The motion passed 6-1 Adjournment Attest: Y at Smith, R� (Councilman Hanks opposed). cordinq Secretary On motion of by Councilman adjourned at Councilman Martin, seconded Backes, the meetinq was 9:40 p.m. by a vote of 7-0. �I