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HomeMy WebLinkAbout1981/07/06 - ADMIN - Minutes - City Council - Regular2. 3. Call to Order Presentations Roll Call �1INUTES CITY COUNCIL h1EETING ST. L�OUIS PARK, MINNESOTA JuIY 6, 19�31 A regular meeting of was called to order 7:35 p,r�, None. The following at roll call: the City Council by Mayo.r McQuai d at Counci lmer�bers were present Ronald Backes Martha Elstrom Lyle Hanks Jerrold Martin Keith Meland Phyllis McQuaid Al so present were the Ci ty Manaqer, Ci ty �Atto�rney, Di rector of Pl anni n�, Di rector of Publ i c t�lorks and the Ci ty Assessor. � 4. App,rova_1 of P1i nutes I t . . bY utes of the administrative hearing 5. , was moved hy Counc�lman P�tartin, seconded Councilman Backes, to approve the min- on the Leaning Post held June 15, 1981. The motion passed 5-0-1 (Councilman hleland absiained). It was moved by Councilman Hanks, seconded by Councilman Elstrom, to ap- prove the minutes of the rec�ular City Council meeting held June 15, 1981, as amended in Item 14, Adjournment, to state that Councilman Backes had seconded the motion for adjournment. The moti on p�ssecl 5-0-1 Approval of Aqenda sent agenda for July 6. "The motion passed 6-0. (Councilman ��eland abstained). It was moved hy Councilman Meland, seconcied by Councilman Nanks to approve the c�n- It was moved by Councilman Elstrom, seconded by Councilman Backes, to approve the ac�enda for Jul,y 6 wi th the fol 1 owi ng changes ; P�ayor flcQuai d sa�d that a representative of the applicant, Beth El Synagogu�, had cal- led on Monday to request that item hg, Application for a zoning chanqe, be withdrawn from the agenda; addition of items 11c, Vacant Land, and lf d, Personnel �latter. The motion passed 6��. � , Ci�y Counc��i July �� �- , meeti ng ��� ���u �4� . PUQLIC HEAf;IPJGS ha, Im rovement Project 81-49: Rarking lot lardsca �n Improvement Project ��lonterey �parkin� lot ti nuted from June 1, There being no one wishing to speak, the h1ayor closed with the riqht of Counci 1 to thereafter hearing�at a later date. Counci lman Hanl:s referred to the A�uthority at its June 16 meeting ran�e improvement programs." 81-49: 38th Stre�t/ 1 andscapi n9 ��on` 1981) declared the hearing rec�pen and conti nue th � act i on of the Nous i nc� and Redevel opnent and asked what was meant by long The Ci ty M�anager repl i ed that thi s im�rovement project would be con- sidered by the Housi nq ahd Redevel opment Aiathori ty along wi th other projects as part of the Capi tal Improvement Pl an for the Excel,sior Boulevard area. . � , C�uncilman scapinc� but pay for it. Hanks sai d he fel t the peopl e i n thi s area deserved 1 and- thai he was not sure tax i ncrement fi nanci ng was the way to It was moved by Counci lman P�eland, seconded by Counci lman Plartin, to • reject the improvement project at this time. 6b. The rnotion passed 6-0. Ir�prover�ent Project Alley, Raleigh/Salem 2�th to W. ?.7th II1-51: . Improvement Pr�oject 81-51: Alley between Ral ei c�h� Avenue South and Salem Avenue South, north of W. 28th �St. to W. 27th St. (conti nued from June 15, 1981) Robert Eisenberg, 2730 Raleigh, the fi rst oubl i c heari ng on thi s about how this project was to be Counci lrrian r�atter was r�ation on. c�nti l July until the sai d he had matter and assessed. not been abl e to attend that he had some concerns Hanks reviewed the June 15 acti on of Counci 1 i n whi ch the conti nued hecause resi dents had requested speci fi c i nfor- �costs for the project, and since the bids were not due in 16, costs of the proj.ect woul d not be avai l abl e to Counc� l meeting of July 20. I�► answer t� forr�ul a wi th a question, the City rPqar.d to benefits to ��r. Eisenberg expressed� his hushes along the alle that tr��in Y� and be rer�oved, 9 WOuI d probably Ass�ssor explained the the property owners. assessment concerns over the re orted removal of lil�c the Director of PubTpc Works pointed °"d tQ be sufficient and few bushes wou�d ne� -198- , ��ty Council July 6, 19II1 6c. meeting minutes There being no one I�earing closed with and continue it at further wishing to speak, the riq�ht of Council to a future date. the �1ayor thereafter declared the reopen it� Councilman Han�Cs questioned whether it was wise to put the figures for the.improvement bids in a letter to residents and wondered if tf�is procedure was not- a change in Council policy and asked if affected resi.dents were being informed in advance of what their assessment would be. . - . , The City Assessor said that residents who called to inquire about what their assessment would be were given a qeneral fiqure. Councilman Elstrom asked if .there would be enough time between receipt of the bids on Ju1y 16 and the Council meeti.ng on the 20th for the residents to be notified. � The Mayor replied that optimi�stically, there would be enough time. It was moved by.Councilman �1artin; seconded by Councilman Elstrom to continue the hearing to_July 20. � . Tt�e moti on passed 6-0. Improver�ent ProjPct No. Alley pavinq on Natchez 31-54: June ?.4 and July 1, 1981. Improvement Project,No. 81-54: Alley paving on P�atchez Avenue to approximately 170 feet north of W. 28�h �t. as des- cribed in Notice of Hearing published� Bill Buc1d, 470� W. 2IIth Street, reviewed the history of the paving pr�ject stating that historically the roadway was to remain in a preserved state and that hF was shocked to learn of the paving pl�an. He said he was told the trucks needing access to Mr. Berland's home under con- struction needed a' better road and it was his opinion the constr�action site waS being adequately served hy the existing road. He said he saw no reason for.• th� �roject and that the neighbors along the street main- tain it themselves. ' � � P1arc�aret Bol duc, m�nsion and�that nublic road. She qui red i f anymore the.alley.�. - 4624 W. ?_8th St., said she lived in the olcj Darby she was not aware she and Mr. Budd were maintaining a said she would .like to see it left as it is a�nd� in- development is planned that would.be servlce y The�-Di�ector of Planning stated cations for residential homes to that he was not in a position to pro�erty they�own. Jeff Robinson, '?_723 Ottawa, no knowledqe the "alley" was ,- to his knowledge there were no appli-� b.e constructed inith�sb�relanning for say what anyone m g P stated he a public -199- had lived there one Yasrcon�Cerned street. Ne sald he w . City Cou1981 Ju7y 6 � meeting minutes �� , � � 's assessment policy as about the C�ty He Said there would property owners. he was against removal of ar�y �tre�s. � it relates to be no benefit re bei ng no one further wi shi ng to spe�k�, The hearing closed with the right of Counci continue it at a future date. In answer to project came Berland. benefitting to him and that the Mayor thereafter declared the reopen i t and , . . a questi on from Counc� 1 man Marti n regar i ng how the about, the N1ayor stated i t was at the request of Mr. Councilman Mart�n saTd the project, he did not request. that since three residents had spoken against feel he would be able to support Mr. Beriand's Councilman. Backes asked what Mr. Berl and woul d be assessed for in conjunction with the development of his property. . The Ci ty �1�nager sanitary sewer. replied he would be assessed for watermain.and In response to a question from Councilman Elstrom about othe'r de- velopable lots in the area, Bob Nolly, 2715 Ottawa, said he has a lot but that there would be no development as long as he owned the lot. � The Director of Planning said that under City ordinance, �,00� square feet.is considered developable and that such can be considered in any development plans. a 1 ot of a 1 ot In answer to a questi on from a resi dent reqardi ng pl.ans for Ci ty- owned 1 and behi nd tti s property Counci lman E1 strom asked i f.that parcel was part of the Ci ty-owned property the Counci 1 had considered for poss�ble sale. The City "lanaqer responded it was not. Ri chard Berl and, owner of the home under constructi on, sai d he was making every effort to preserve the lanci �nd that now he was con- fushed about hi s pos�i ti on . He asked i f he coul d conti nue the �0�" struction of his house. The Ci iy Manager stated Ci ty pol i cy states constructi on can o��Y take place on an improved street. In answer to a vuestion relatin� to the assessment fo���a f°r�tn5 al 1 ey pavi nQ const_��cti on the Ci t Assessor sai d the cal cul at�o y�ere tentative hut the basis of rletermination was 20� and 2`�} t0 t� abuttinc� property o�ers, 56a to Mr. Berland 2� to another la��' cn�rner with small frontage on the street im rovement a�d 2�' t� the Ci ty for inqress/eqress to Ci ty 1 anc1, p '',Z . , -200- � � Cit.y Council July 6� 1981 meeting minutes � There being no hearing closed _.. continue it to one further wishing to speak, the Mayor declared the with the right of Council to thereafter reopen jt and at a future date. � Councilman Elstrom said she 'he is willing to assume the and the alley improvement. had spoken witli P�r. Berland and that assessment for utilities installation � Mr, Budd said that money was not ti�e issue, that the issue was a � 170-foot.concrete driveway. � � It was moved by Counci lman P�tel and, seconded by Counci lman hiartin, not to order the improvenent. ' � � , Counci lman Backes asked i f by not orderi ng� the improvement, coul d ��1r. B�rland obtain a permit and be alloweci to occupy his property. Councilman Martin said�he would add to his r�otion that�construction of the dw�llinc� continue. In answer to a question from Councilman Elstrom as to how P�r. Berl�and woul d c�et access .to hi s home, the Ci ty Manac�er repl i ed he would gai n access the same way the trucks working on his home do. Counci l��n Hanks �s ked what wo�il d happen shoul d P1r. Berl and se11 hi s home on an unimproved street. � C�uncilman Meland sug�ested the City Attorney and resnond back to Council. research this question The City P��1anager suggested the motion be amended so that all residents understand that the C�ty will not maintain unimproved streets. Councilman Hanks said at the end of gravel, a step backward. The motion of ' Elstrom�, Hanks he can't support unimproved roads the concept of homes located and that this appeared to be Councilman Meland failed by a vote and Mayor hlcQuai d opposed).. � It was moved b� Councilman continue the hearing until time to research�and answer The motion� passed 6-0. Nanks, seconded July 20, 19�31 to this quest�on. Improvement Project II1-55: Sewer & waterr�ain, Natchez Ave; • 79 of 3-3 (Councilmen by Counci�l man P1e1 and, to allow the City Attorney � � Improvement Project �31-�5�.� Sani tary rovements sewer �n� Wavermnorthmof 28th St. on Natchez A Resolution No. GB � •• o s eak, the ��1ayor declared tan�hcontinue There bein� no one w�shin9 t P � ri ht of Council to thereafter reopen �t. closed with the 9 it at a future date. �i �y Coui�ci 1 �July h� �981 seconded by Counci lman Backes ta Councilman Hanks, � . It was� moVed by � Resol uti on No. 6879 enti tl ed, Resol ution and adop Natchez Ave. fror�t W. 28th St. to r�ai ve read� ng �1-55 , orderin9 Impr"ovemen� Nlaring cost to be assessed and ordering prep- ��p feet, north ar�d ��S�essment." aration of prop�sed . �eeting minut�$ The motion passed 5-0 6e. Jo��n P1oh1 er: Re uest Resolution No. 6880 residence publisheci (Counciiman fo.r vari ance; at 4313 Brook June 24, 19a�• E1 strom Ave. So. as no one wj shi ng to speak , There be�in� closed with the riqht of Council to it to a�future date. absent from vote). Request of John L. P�1oh�er for a vari ance to al 1 ow construction of an addi ti on to a si ngl e fami ly descri bed i r� Noti ce of Nearj ng the Mayor thereafter declared reopen i t the iieari ng an d continue It'was moved by Councilman Hanks, sec�nded by Counci lman P�larolution wai ve readi ng and adopt Resol uti on No. 6880 enti tl ed, _A33e5 of the 9 r�anting variance in s�de yard setback f ro� Section 14 () Ordinance Code relatinq to zoning to permit the cons-truction o an addi ti on to �an exi sti nc� si n�l e fami 1y house wi th a si de yard setbeck of �three feet i nstead of the requ i red ni ne feet � n the R-� , Si nq Fami�ly Residence District at 4313 Brook Ave. So. The motion passed 5-1 , (Councilman Qackes opposed). 6f. ' Westwood Church: Request for � a variance; Resolution �do. 6881 described in Notice of Hearing Request of Westwood �Lutheran Church for a vari ance to permi t exRansi orr of a parki ng 1 ot on property 10- cated at 9001 Cedar Lake Road as published June 24, 1981• Councilman Elstrom asked if the church park and ri de faci 1 i ty on i ts property. was reimbursed .by MTC for the Kei th Wehrman, representing the church, sai d that P17C's concer�n was that nothi ng the church wanted to do i nterfere wi th the aqreement between the church and the h�TC rel ati nc� to the park and ri de fac- ility, He stated there was no intent by the church to change the aqreement in any way. Ne said the church receives no income from the MTC for the park and ride program. Th�re beinq no one further wi shi ng to speak , hearing ciosed with the right of Council to continue it at a future date. � the hlayor de�i ared tan� thereaf ter reope� i t It was moved by Councilman Nanks, seconded by Councilman -2�2- Meland, tv �� ��ty Council �uly f � 1981 �eetinq minutes . to wai ve reading and a�iopt Resol uti on No, 6881 enti tl ed, " A reso- lution gr.anting v�riance in front yard setback from Section 14-128(5) of the,Ordinance.Code relatinq to zoning to permit�the expansion of � parking lot wh�ch is fif teen feet from the property line instead of the requi red �5 , feet for property 1 ocated i n the R-1, Single Family Residence Distr�ct at 9001 Gedar�lake Road." The motion passed 6-0. �q, Qeth E1 S na�o ue, Re uest ,� for zoni nc� c anqe 6g. . , ' � .. . . �.. � .�. 1 .� Avenues. .,.__ __ :...: .,. � Request of Beth E1 Synagogue to change zoni ng from. R-1 to R-4 for p�roperty located along the north side of W. 26th �:��' Stree�; � between Princ�ton and Raleigh It was moved by Councilman Hanks, accept the applicant's request of The motion passed 6-0. K� K Corporation: Industrial Revenue Bonds; Reso ution No. 6882 �� Vernon Ave. as described in seconded by withdrawal Councilman Elstrom, to of item from consideration. Proposal of K K Corporation that the City issue and sell its industrial development bonds t� acquire, construct-and equip an office/retail sal�es facility at 1200 Not'ice of Hearing published June 17, 1981. Joe Zwak, representinc� KK Corporation, said he was present to answer any af Council's questions. � ' Councilman Nanks a.sked�what the size what benefit it would be to the City. P1r. the in in of the facility was to be, and Zwak responded that .rental wou�d be atotel and faci�ity will he oriented to sera��e number of the area, that it wi11 create a 1 g the mil1ions. There 'bei ng no .meeting closed continue it at square foot, that office complexes jobs with a payroll one further wi shi nq to speak �th�elreafter wi th �he� ri qht of Counc� ��o a future date. , declared the reopen and Co`uncilman Martin,.seconded by Councilman Backes, to It was moved by . re��minary Resalution No.,68a2 entitled, _ waive reaciing and adopt the P roval to a proposed industria� develop "Resolution giving preliminary apP - or�at� on unde�r the Muni ci pal I ndustri al Co�es°�oner ment pro,�ect by KK Corp , . 1 i cati on to the ment Act and authorizing subnission��of an app �f Secur�ties for �approval thereof. , 1'he mdti on passed 6-0. -203- � � City C�uncil July 6, 1�981 meeti ng m� nutes � 'ect 51-57:. 6i. Im r.ovement Pro� Alle� aving north of 6883 P1i nnetor�ka; Res�l u��i on No. la. , July 1, 1981. Improvement Project �1-57: A11ey pavi ng north of �1i nnetonka Bl vd, from Blackstone Ave. to MN&S Rai1- road tracks as described in iJotice of Hearinq publ i shed June 24 and There being no one wishing to speak�therea1fter closeci with the right of Council to it.at a f�rture date. decl ared the hearing reopen and continue It was moved by Counci lman E1 strom, seconded by Counci lman P1e1 and, to waive reading and adopt Resolution No. 68II3 entitled, "Resolution ord�eri ng improvement, orderi ng preparati on of pl ans and authori zi ng advertisement for bids, Improvement No. II1-57." The motion passed 6-0. PETITIONS, Apple Valle� Red-E-Mix REf�UESTS, COMMUNICATIONS Request of Apple Red-E-Mix for an Ordinance Code amendment in re operation of ready-mix plant. The City Manager stated its request could not be heard at that time si nce there were several i ssues - i nvol ved i ncl udi ng that tlie -present operation is a non-conforming use without benefit of permits, that detail-plans be subnitted to the Inspectional Services Department in answer to thei r deni al of a perr�� t and that the rezoni ng i ssues will require some time to research. It was moved by Councilman Backes, seconded by Cauncilman Hanks, to defer the matter to July 20. The r�oti on passed 6-0. 7b. Petition for vacation �of H�mpshire Court Peti ti on for vacati on of Hampshi re Court It was moved by Counci lr�an Martin, seconded by Counci lman ��leland, to refer the matter to staff for study. . The Ci ty P1anaqer sai d the appropri at,e proc,edure i n thi s be to refer the matter to the Planning Corrmission Councilman Hartin so amended his motion. case would r Planny Camilor�, 6804 W. ?_6th St., re resen �" the etitioners, reiterat�� ' the concerns of the nei�hborhood residentslwgth the problems on the ° Court inclu�ing noi se, 1 i tter, after-dark acti vi ties in the ,park� a�a .so forth. f•layor r�cQua i d said that the Director of Parks and Recreation has eY- -204- ....�----.-�-�►"''�" _ _.f- �..�-- � City Council �u�y 6, 1981 meeti nci mi nutes nressed concern th�at the City retain an easement on the Court for access to the C�ty park located at the end of the Court. The motion of Councilman P�1artin as amended passed 6-0. RESOLUTIONS AND ORDINANCES ga, Stuciv I�centi ve Proc�ram Ordinance P�o. 1513 Second reading of ordinance related to study incentive program ` It was moved by Co.uncilman Martin, seconded by Councilman Meland, to waive readinc� and adopt Ordinance No. 1513 entitled, "An ordinance amending the St. Louis Park Ordinance Code, Chapter 3, Personnel, Sectaon 30403, relatecl to Study Incentive Program. • , T�he moti.on passed 6-0. gb, Mi 1 i tar Leave; � Ordinance No. 1 1 � Second reading of ordinance related to military leave. Councilman Elstr,om inquired why an employee would receive full salary while on military leave b►at if servinq on �ury duty would receive the difference between his salary and compensation paid for jury duty.� The Ci ty P�1anac�er an employee can responded that mi 1 i tary se�^vi ce i's rP�ui red whereas obtain an excuse from jury duty in certain instances. It was m�ved by Councilman Martin, secondedentitled,�l'Annordinance� waiv� reading and ad�pt Ordi��dinan�ce Cocie, Ghapter 3, Personnel, amending the St. Lo�iis Park Secti on 3-f �4, rel ateci to mi l i tary 1 Pave. The m�tion passed 6-�. �8c. Adult uses; Ord nance oj , 1515 Secon�i r��ldi nn of ta adu7t uses � Jan Thies, 3104 Florida �ve. So., or.dinance and inqu3r�� auestedhin display ordinance.as req 3,Q�p St. Louis Park citizens. Caiancilman f��nks sa3d at��m�i ta answer par� di spl ay arcii nance was ordinance related commented on thE paS5a9� �f a zoning Co�ancil intended ta�dos�ene�dbyg a. a petition to Counc 9 , ihat the passage of of this prnblem. in the hands af� the In answer to P�1rs. Thies' P�ayor P1cQuai �I sa i c1 �ha� from �he Ci ty /1t;l:orn�y• Mrs. T��ic's n�at�liCiznd. ask��i i f a zoning the�suhjectaofaa Me s�at�d City Attorney• qtiesi�on as to how Council �u�Stion would be adciressed cl�l � b�ra�i ons -205 would then proceed, after Council hears � cfis� Y �rdinanc� would be an �a• , � _ �- • ��t,;,� n,--� __' 4�.. ♦ .. � �- �'�s �_ ��, , City Council July 6, 1981 meeting minutes , � lied that undoubtedly �t �layor h��QTUI orrt.hat any i nformati on coul d on Cable one 's �Cour,cilman or a member of the City would appear in be obta i ned by sta�f . the paper, contac'cing �- ' 1ue11 er, 7601 P1i nnetonka B1 vd. , and Donna LaBeau, Xenwood Ave., Randy � sed Council to ex p r e s s t h e i r c o n c e r n s ieobscen itthord b s c e n i t y a d d r e s a s s a q e o f a n a n t y i n a n c e. issue and to encourage t h e p , , 'Ma or P1cQuai d reiterated , that Coianci 1's , acti S�e�hatSheereminded consi�dering a zoning ,ord�nance, WaS a ordinancep�that would hold uh�to present that creation of an obscenity She said thatp cha,llenge in the courts was �ve,ry difficult. �Cciunci l, staff and the Ci ty Attorney's off i ce a re expl ori ng al 1 measures �in an effort to keep St. Lou�s Park,a des�rabantpeathat�theematter� ��l i�ve. She adde.d that an ord� nance � s no c�uar � wi �l l be �� s�o� ved . � The Ci ty Attorney sai d that the State of P1i nnesota had qui te compre- �hensive statutes governing the obsceni ty i ssue and that the City Attor- ney's office was addressing the issue of City Council's need to duplicate exis`tinq State� statutes. He said there were. State laws requlatin� the sale of obscene materials to minors and finally, that enforceability df ordinances in this regard is a very real problem in terms of the cosily li:tiqation involved. � � � Gene� Conway, Presi dent of P1ora1 i ty i n P-1edi a of P1i nnesota, Inc. , di s- . tri bu�ted a pamphl et whi ch he sai d outl i ned procedures for the devel op- ment�and implementation of ordinances to govern obscenity issues in � cor�munities based on Suprerne Court rulings in this matter. It was moved by Councilman Hanks, se.conded waive re'ading and adopt�Ordinance No. 1515 amending the St. Louis Park Ordinance Code adding Sections 14-104(7�), 14-155(3)(jj) use." The motion passed G-0. 8d. Ordinance related to amusement devices by Counci 1 man E1 s�rom, to enti tl ed ,"An ordi nance related to zoning bY and. 14-172(2)(99): Adult Second reading of ordinance amusement devices rel atecl to oonal d Di ker, 610 Mi dwest Pl aza B1 dg ,, revi ewed hi s 1 etter to Counci 1 f.June 25, 1981, stati ng he woul d 1 i ke to amend par� of hi s Proposal II. . � Co.unci lman Backes asked how ma�y machines di d he want al l owed and • where located in a� store. . �� ��r. Di ker sai d he woul d 1 i ke �up to 40 machi nes al 1 owed, but that h� S � clienfi would be happy to compromise at 20 machines. Councilman Plartin said he had no problem witM the -206- . P roposal �nd that e �itv .Counci 1 Juiv 6, 1981 � �eetin� minutes fel t that F1r. Di ker' s on a percentaqe hasis sc�uare footage -- as an school proximity. cl i ent shoul d be a11 owed to i nstal i machi nes - a certai n nunber of machi nes� i n rel ati on to accessory use and as stated with regard to It was moved by C.ounci lman Marti n to adopt the ordi nance, amended to read �that no more than 30� � of the useabl e space to contai n amuse- nent devices. . The moti on di ed for 1 ack of a second and thereafter Counci lman Martin withdrew his motion. It was moved by Councilman Backes, seconded by Counciiman hleland, to waive second reading and adopt the ordinance. � The City l�1anaqer corxn�nted that the ordinance originally stated that not more than 20� of useable space could be devoted to such devices. Councilma�n Ma rtin said the devices could be considered as an accessory use and the individual businessmen could decide how many to install. The Ci ty �tanaqer .sai d i t�voul d be a cli fficul t task for staff to calculate percentages of space allowable in each inst�nce and that i�t wou 1 d be prefe�rabl e to f i�gure out the number of devi ces" al 1 owed. � Mr. Di ker said� a 11 owi ng 2�0 machi nes was preferable to speci fyi ng no more than 30°� of useable space could be devoted to the devices. He said he acknowledges that � well� as those of busin�ssmen. the City's interests must be prote�cted as C�ris Hanse, Manager of K-hlart, said they wanted to install such amuse-- ment devices and that they intended to properly�oversee their operation. It was moved by Councilman Hanks, seconded by Council.man .P�artable s ace that the proposed ordinance reflect that up to� 30/ i°.nesscould be could.be devoted to amusement devices and up to 20 mach ,installed and that staff review this change and brinq a rewritten ord- inance back to Council. . Co ', �larti n�s ked that the rewri tten ordi nance al so al l ow� fr non- unci lr�an centers and athe use of e 1 ect�^on i c gar�es i n churches , comm�,in i ty ,, ur oses, and i n rofit or aniza�tions�for charitable and �und rais�ng p P �irocery st�ores . . � The motion passed 6�-0. , � � -207- � . . . �ity Council July 6, 19�1 meeting ������u,,�.. �e. Park P��ace f�ote� ; Resolution GB�4 . 8f. 8q. Resol uti on rel ati ng to .proposed amend_ r�ent to� speci al permi t: Park Pl ace Notel . b Counci lman Backes , seconded by Counci lman P1arti n, to �� was �noved y 6884 enti tl ed, A resol ution ive reading and adopt Resolution No. w� 6720 amendi nq Resol uti on No. 64�6 grantinq per��t an�endi ng Resol uti on No . . under Se cti on 1�--124 of the St. Lo,ui s Park Ordi nance Code rel ati ng nin to permi t a hotel and C1 ass . I restaurant for property located to zo , � ' the DDD,� Diversified Development Distr�ct, at 1400 ernon Avenue. �n The motion passed 6-0. Ordi nance c,hanc�e i n re c:o i or-'�a zon� , Fi rst readi nc� of zoning change for 1 ot for Col or-Ad C�ngregational Church. ordi nance rel ati ng to creati on of , parki ng Packaqing/Union R���erence �was made to the 1 etter Counci 1 had recei ved from York , D�evel opment pinpoi nti ng the fol l owi ng areas, of concern as expressed in a meeting attended by P�1ayo�^ P1cQuaid, Counc� lman � Hanks, various property owners, and representati ves of Col or-Ad, Uni on Conqregati onal Church and York Devel opr�ent :. parki nq 1 ot 1 i ghti nq , vehi cl e headl i ghts , screeni ng, olanti�ngs, traffic flow. � It was moved by Council.man Hanks, seconded by first readinq of the prdinance and set second staff to study the potential, areas of concern The motion pass�ed 6-0. E p�t Rn_1nn• In ans�ver �t�o a questi on fror� an�y quarant�ees wi th reqard to the City Manager replied that ready bid, Project 80-1�J. Councilman Martin, to waive rea�ii ng for July 20 wi th as expressed at the meeting. � Agreement and resolutions relating to i mprovement pro j ect �0-1 0A, Quenti n Ave. south of Highway 7. � � Counci lman P�larti n as the assessments if Project 80-10A was to ��ow the bids �ied to there coul d be were not yet �n, a project al- It was moved by � Counci 1 r�an Backes , seconded by Coun ci 1 man Hanks , to v�ai ve r ea d i n q a n d a d op t Reso lution No. 6885 entitled, "Resolution a dop t i n q a s s e s s m e n t i m p r ovemen t No. 80-10A", and Resolution No. 6886 en ti t 1 e d� "Resol uti on' orderi ng Ir�provement No. �0-1 0A, Quenti n Avenue south of State Highway 7 and declarinq cost to be assessed and orderin� proposed assessment," and authori ze executi on of the agreement by the appropri ate City o�'ficials. The r�ot i on passed 6-0. -208- . �� ty Counci 1 JuIY 6+ 1981 , meeting minutes . REPOP.TS OF OFFICERS, BOARDS AND COFIMISSIONS ga, t�lessianic Jewi sh Con�. aat�on - Special perm Resolut�on No. �88? re- Request of P1essiani c Jewi sh Conqre- �� gation for a special permit at property located at 4093 Vernon Ave. So. It was moved by Councilman H�nks, seconded by Councilman Pleland, to waive reading and adopt Resolution No, 6Ba7 entitled, "A resolution qranting permit under Section 14-185(2) (c) of -the St, Louis Park Ordinance Code relatinc� to zoning to permit an attached sign on prop- erty 1 o�cated i n��the R-2 , Si ngl e Fami 1 y Resi dence Di �tri ct, at 4093 Vernon Ave. So. Th�e motion passed 6-0. 9b. No] i da $tati on Stores; Resolution o. 6B8II �c. Request of Holiday Station Stores for a speci al permi t to pertni t a r�otor fuel station at 7000 W. Lake St. It was moved' by Counci lman �9arti n, seconcleci by Counci lman Backes, to � waive readin� an d adopt Resolution PJo. 688a entitled, "A resolution granting permit under Section 14-156(15) of the St. Louis Park Ordinance Code relating to zoninq to permit a motor fuel station for property located in the B-2, General Qusiness District, at 7000 W. Lake St." The motion passed 6-0. Nilton Notel: Shelard Park Request of Vernon Beck � Associates for an amendr,ient to a speci al permi t for pro�erty at Shelard f'ark. Counci lman Qackes exct�se�1 himsel f fron� di scussi on of thi s i tem. Vernon f3eck addressed Council to sa.y he had met with neic�hborhood resi- �fents as Cvuncil had instructed to disc��ss the landscaping and other relat�d i�ems of concern. Ne said i:he ne7e�hbors w�re no lona�rdepa�tment to the proposed 13-st�ry tow�r. Fle also said thathef��rontaqeyrQad• hari �ac�reed ta provi de �cc;ess from HighwaY 12 vi a t The Di r�c �or of P1 ann i ng sa � ci the P1 �nr�i ng Corm�i ss i on appraved the �curb cuts necessar for access basPd on the Sta��'s plans far Iliqhw�Y �2• y '� �1artin to allow It was moved by �cce�Ss froi� �he struct�ci, bot,h the pl�ce �f ' conc��d by Counci m��n � • Co�ancilman H��nks, sP �u��� lan� to b� con- �fr�nt.age road as w�11 as a right�. This to take of St. Louis Pa�°k. ( at n� c�xper�se t.o trhe�Ci ►1yth�' a�provi nrl resal �,ti an) . thp wc�rdinh of I�� �ass��d 5-Q . ci lm�n I3aGkPs 3k�stai ned frc�� a� 1 v�ti ng �. (Cnun �� �./ ~ . .� City Council ' Ju1y 6, 1981 rneeting minutes , � the developer stated they would like to have Wi�th regard to signaqe, 'ltan si n and logo as de�ailed in staff s report. thP I�� 9 Councilman Hanks asked if this�was rec�ardi nq si gnage. i n confl i ct wi th Shel ard's pol i cy The Director of Planning said that She�ard Development would have to concur with Council should the latter approve �the larc�er sign and logo. He said there was ,justification for the larger size, but would require Shelard Developmerlt's a�proval. In answer to Councilman's Hanks question, Mr. Beck said the sign would be l ocated on the 13th fl oor of the tovrer. , It�was moved by Councilr►�an Hanks, seconded by Councilman Martin to . approve the sic�n and loqo as described. , � :� , The moti on. passed �5-0 (Counci lnan Backes abstai ned ). Wi-th regard to the 1 anriscapi ng, �9r. Beck � sai d that the 1 andscapi ng pl an had that day been approved by a c�roup of Minnetonka residents and so th� report�before Council was in error in that regar d. Followinq lengthy discussion�of the details of the plan, it was moved by Councilman Manks, seconded by Councilman Pleland, to defer any vote on the res�olution to approve amendment to the special permit until �luly 20, 19£31 to allow staff time to study the changes as brouqht forth by Mr. E3eck; especially the landscaping and access. . , . The motion passed 5-0 (Councilman Qackes�abstained}, Helen King, 300 Shelard Parkway; and Dean �Pelton, 400 Shelard Parkway, said their main concern was the traffic problem to be crea�ed by this hotel development and that they were now in accord with the developer after reviewing�the re-desiqn.. � 9d. Sun�ate Addition; Reso ution o: 6 89 Preliminary and final plat of Sungate Addition located on the nortli and west side of Alabama at 252 Street. � Len Thiel, representing the developer, said he was available to answer any questions. � - - It was moved by Councilman Martin seconded by Councilman Meland, to wai ve readi ng and adopt Resol uti on P�o. 6889 enti tl e�i, "Resol uti on � gi vi ng app�roval for finaa pl at of Sianc�ate Addi ti on ." The_ moti on p�ssed 5-0-1 (.Counci lnan El strom abstai ned , , ) Mr: Tl�iel referred ta the Ci,ty Itanager's memo reqardinq the subdivision filing fee. He questioned the reasonableness of the fee and wondered �t Council should not be considering an adjustment of the fee taking into � -210- � � ty Counci 1 �uly b� 1981 meeting minutes consideration the design of t�his particular development. Councilman Backes asked if the fee.was based on a subdivisi in terms of the ordinance and did it apply to condominium conversions. The City P�lanaqer responded that condominium conversions in land beinq deeded separately, and also that no filinq cati�n is required.� It �was movecl by Counci lman the charge to the developer the ordinance and therefore The motion passed 6-0. do not result fee or appli- Hanks, seconded by Council�r�an Martin, that for the subdi vi s i on fi 1 i ng fee conform to not exceed �1,200. , � Councilman Backes moved and Councilman rleland seconded of�the subdivision fee structure be referred to staff see if said structure.should be redesigned. that tiie matter for study to Tl�e moti on passed 4-2 (Counci l�men Hanks and ��arti n opposed) . . . , . 9e. Preliminary enqineerin� Preliminary engineerin,q report: Project report: roject �1-60 81-GO - alley paving, Ed�ewood to.Dakota from ��J. 32nd St, to. W. 31st St. It was moved by Councilman Meland, seconded by Councilman Martin, to set the public hearing on this improvement for August 3, 1981 The motion passed 6-0. 9f , " , . . report: Minnehaha Creek dredging_ Preliminary en�ineering report; l ane/F1 ac� Avenue area dredgi ng Minnehaha Creek. Decatur on ` It was moved by Councilr�an Pleland, seconded by Councilman Backes, to set the public hearing on this matter for August 3, 1981. The.motion passed 6-0. 9g.�Sidewalk re ort: Project 81-10A Resolution No. 6890 � Sidewalk report, Project 81-10A: Walker between Lake Street and Louisiana Ave. It was r�oved by Counci lman E1 strom, seconded by Counci�lman P�1el and, to authori�ze construction of a portion of sidewalk on the north side of Walker St., Republic to Louisiana, waive reading and adopt Resolution FJo.• hB�O entitled, "Resolution ordering.Improvement Noas8essed�andlker Str.eet sidewalk� construction and declaring cost to be orderinc� preparation of proposed assessment." � Tf�e .motion passed 6-0. -Z11- � C� ty Co+mc i 1 July 6, 1981 9h. , Bir� meeti n�1 mi nutes ood tr�affic stud � Birchwood traffic study. ^ 69 Vernon Ave. So., referred to the petition that he Nank Strol 1, 27 0, He sa� d the vol ume of statPd was f, i 1 eci wi th Counci 1 monthXcess i ve and that the addi ti onal traffic on Vernon cont�nuPs to be e ' that wili be generated by the condominium construction in,the t.raff�ic ei hborhood i s bounci to make .matters .worse . He sai d t e ne��wns op n g s7 n��the City installed are �neffect�ve since most peop,e t eem � to be stoppinq at the intersection. He asked what addiieona measures Council would be taking, what alternatives were availab . Playor P1cQuaid commented that the Gity staff can't determine how much traffic is qoing to be generated by the new condominium units until they are built and occupi�ed. Counci lman Marti n sai d that staff had acidressed , the concerns of H the residents in this neiqhborhood and had compiled the�r repo rt. e� sai d i t doesn't appear t�o hir� there are any alternati ves that have not been explored. � . � The Di rector of publ i� Wo�rks stated that other opti ons are potenti al ly �available and that his department will continue to monitor the situation. It was moveei by Councilman Martin, seconded by Councilman Backes, to accept the recommendations of staff's report. The motion�passed 6-0.' i Councilman Elstrom�commented she felt it was a good report. , i I� was moved by CounciTman Elstrom, seconde�d by Councilman Meland, that a neighborhood meeting be held to further analyze the report with special em�hasis directed to the subject of restricted parking as detailed in the report. . The motion passed 5-1 (Councilman Hanks opposed). Councilman Hanks sai�.the only solution to the problem �vas to put a cul-de-sac at the end of Vernon Ave. . , 9i. Preliminary engineering re ort: Street im rovements p 37t & Aquila � Prel ir�i nary enqi neeri ng report: Project 79-54: Street improvemei�ts 37th Stree� and AQuila ' It was r�oved by, Counci lman Meland, seconded by Counci lman Backes, to - set the publ ic hearing for thi s improvement project for Auqust 3, 1981. The r�oti on passed 5-1 (Counci lman E�anks -212- opposed�) , . City. Counci 1 Ju�,Y h � 19�1 9j. 9k. meetin� minutes Human Ri qhts Cor.m�i ssi on Board of Zoning Appeals 91. .Cor,imuni ty Rel ati ons Comr�i ssi on � 9m. HRA 9n. 90. Char�er Commission meeting Planninq Commission �p. Board of�Equal�ization The minutes of the Human Rights Com- mission meeting held May �20, 1981 were ordered filed by consent. The� mi nutes of the Bpard of Zoni ng Appeals meeting held fi�ay 2g, lggl were orde red filed by consent. The minutes of the Commission meeting were ordered filed Community Relations held June 11, 1981 by consent. T��e mi nutPs �of the Hous i ng and Redevel op- ment Authority meeting held June 16, 19�1 were ordered filed by consent. The minutes of the Charter Commission meeting held June 16, 1981 were ordered filed by consent. The ni nu�tes of the Pl anni nq Comni ssi on r�eeti ng hel d June 17, 1�981 were ordered filed.by consent. , T.he mi nutes of the meetinc� held June filed by consent. OLD BUSINESS 10a. Bo�ard and Commissions , . � Marie Qoehlke to the v.acancy on �Qoard. - 10b. Solid 4laste Study Board of Equal.ization 23, 1981 �,rere ordered It was moved by Councilman �9eland, sec- onded by Coun ci 1 man �1arti n, to appoi nt the West Hennepin Numan Services Planning Agreement wi th ��1i dwest stitute for Solid Waste study Research In- hlanagement � It was rnoved by Caunci lman P1el and, seconc�ed by Counci lr�an - authori ze executi on of the agreement wi th r1i d�vest Research for a fee to conduct the study not to exceed $25,000. The motion passed 6-0. -213- Martin, to Institute . City Gouncil July 6, 19�1 lla. �eeting minutes Oak P�rk Village �JEW BUS I NESS radin Change order: Oak Park Ili 1 lage gradang . and topsoil It was� moved by Counca lman P�eland, seconded by Counci lman apprave the change order extending the cont ract amount by that the contr�ct completion date be extended io'July 17, Tlie r�oti on passed 6�-0. llb. Red Owl Stores: Liquor license application � T llc. El strom, to $3,400 and 1981. � Set publ i c Meari ng f.or non-i ntoxi cati ng � l.ic�uor 1 i cense appl i�ation, Red_ Ow1 Stores, dba Country Store, 3710 Highway 100.� It aaas moried by Counci lman F�lartin, s�econded by Cot�nci lman. Meland, to set the publ i c heari ng on the �referenced matter for July 20, 19�31. The.motion passed 6-0. Vacant Lands . Counci lman Backes referred to the request � of Beth El Synac�oc�ue (wi thdrawn from the � � agenda) and inquired�as to. how this vacant land should be developed. He said he understood that Benilde= St. Marqaret's, had exc ss vacan 1 nd and that�staff should contact them as'to their plans �for that �an�. It was moved 6y Councilman Backes, seconded by Councilrnan �lartin, that the questi on .of devel oprnen.t of vacant 1 ands be referred �to the Pl anni ng Department staff for revi ew i n terms of the overa l l Cor,�prehensi ve Pl an. ihe motion passed,6-0. Damac�e cl air�s MISCELLaNEOUS Virqinia Drinkwine, A. Deborah Wee, 300 Paul T. Harri,ngton, � ' 6y consent, the Council authorized City Clerk for proper action by the 12b. Corrm�unications from - . the Mayor , —_ 12c. Corrr�unications from the Ci t �lanager ------_ such�time as the Supreme The �►otion passed 6-0. Court 3141 Orec�on Ave. Shel ard ParE:way L628 Huntington the above� cl aims to be fi led wi th the Ci ty Planager and the Ci ty Attorney. The Playor qave a brief recap of the Part�� in the Park celebration. It was moved by Counci lman P1artin, �sec- onded by Counci 1 man Backes , to extend temporary access to Cardi nal G1 ass un t i � ren ders its decision on this matter. � -214- , ' �� �y Counci l, meeti nc� mi nt�tes �u�y 6, 19ni . � It.:was moved by Councilman.Hanks, seconded by Councilman Martin, to rroceed ��i�h t#►�e der�ol i shi ng of the ol d Pa.rk Tavern located at � ��rnn�tonica Blvd, and Louisiana Ave, and refer the matter to the Plannin� Department for determination of the best use for this corner property. � The motion passed 6i0. �2d, Executive•�S� ssion The Council ret�red for an executive � . � session-at 11:10 p.m. �auncil returned from executive session at 11:20 p.m. G& L l.awsuit� It was �moved by Councilr�an Plartin, sec- •� � onded by Councilman Meland, to approve th� proposed� �settl erient of �6 ,500 i n the 1 awsui t wi th G& L Contracti nq. Funds are ta be paid out of the Oak Park Vil�lage construction fund be- � cause�the lawsuit was the result of construction of utilities at Oak � . Par1c Vi 11 aqe'. � . � . The'm�tion passed 6-0. � , . . �, � Perso�nel It was moved by Councilman Hanks, sec- - � � onded by Counci.lman Meland, to ar�end .�� . the agreement wi th the Ci ty P1anager with reference to the following items: 1. Salary-to�be increased to $48,OOb effective July l, 1981. �Z, City will pay expenses for City Manager and spouse �to attend the � International City Manaqement Assoc�ation annual conference. 3. 'City will pay expenses'related to City Manager's membership in the � St. Louis Park Rotary Club. The motion passed 6-0. ('I AIh1S. AP.PROPR7ATIONS A��D CONTRACT PAYMENTS , � , It was moved by Cauncilman Hanks, secwi t 13a. Vendar Claims , onded by Counc�lman�Me�and, that the 1 s ••� ' s re ared by.the Director of F�nance aof d352�739.1a of v,erified claim p P � th�► Cit Council dated,July 6, 1981 in the total amount y 704.3� for payrol 1 be approved and �I�e ci tY r�lanayer for vendors and �?_1 , , • e authorized to issue checks in the same amount y and �Ci ty Tr,easurer b a vote of 6-0. � d ec- � � It was moved by Councilman Melan , S 13b. Contr�ct payments - Final onded by Councilman Hanks to.waive � Resolution No. 6891 Resolution N�• 6891 reading and adop� n�y�ioninq of - . " olution ac�ceptinc� work in cleaning and r�co � enti�led, Res , -215- � Council meeting minutes City . July 6, 1981 : � 6de 1 1#8" and to authorize the followinq payment: �, Layne P"innesota Co., $21,815. The motion passed 6-0. 13c. Coniract pa cleaning � reconditioninq Well #8. Amount: , - _ nts - Parti�al It was moved by Counci lr�an Meland, sec- authorize payment of the � onded by Councilnan Mart�n, to followinq. partial contracts: . , 2, F�ardrive�s, Inc., paving, curb and.gutter, Projects Nos. 31-01, 81-13, 51-47. Amount: o39,4II6.64. 3. Earl F. Andersen, pl ay equi pment � si te furni shi ngs, Projeet . 80-23. �lmount: $12,534.4�. 4. St,. Loui s Park Landscaoi ng, gradi nq� � topsoi 1 work, Project � No. 81-46. Amount.: �13,062.5Q. 5. .Gladstone Construction, remodeling 2nd floor of City Hall.� ' Amount: $7,708.65. ', 6. N�rthwest Asphalt�, Inc., paving, curb & gutter, pa�rking lot and . alley paving, Project Nos. 80-01, 80-28, 80-42, �0-49, 80-56A, 80-566. �Imount $17,09�.62. . 14. t The motion passed 6-0. Adjournment was adjourned at 11:30 p.m. � ,�/%1�,/ ith, Recor ng creta ry On motion of Councilr�an Elstrom, sec- onded by Councilman Meland, the meeting by a vote of 6-0. -�16-