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HomeMy WebLinkAbout1982/01/04 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. Presentations 3. Roll Call r�tr�uTEs CITY COUNCIL �1EETING ST. LOUIS PARK, MINWESOTA Janua►-y 4, 1982 The meetina was called to order at 7:30 �.m. by Mayor Phyl l is ��IcQuaid. � Pdone . The following Councilmembers were present at roll call: Ronald Qackes Lyle Hanks Jerrold �•lartin John Ralles Richard Strohl Phyllis McQuaid . Also �resent were the City Manac�er, Ci.ty Attorney, Director of Planning and Director of Public Works. 4. A roval of t'linutes It was moved by Councilman t4artin, seconded by Councilman Ralles, that the minutes of the December 21, 19a1 meeting be amended as fol l otivs : I ter� l 0a, tiie Counci lme�ber servi ng on the Roard of Zoning Apreals should be John Ralles; to correct the spelling of tlie police officers names under Presentations (Ronan, Collins); and that on page 3�9, first paranraph, chanc�e the sentence to read, ".... Plan indicated low density, while Bor-Son's plan pr�jects high density." Tlie motion passed 6-0. It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the minutes of the special City Council meeting held December 30, 19F31. The motion passed 5-�-1 (Councilman Hanks abstained). 5. A roval_ of Agenda It was moved by Councilman Ralles, seconded by Councilman Backes, to approve the consent agenda for January 4 as presented. The motion passed 6-0. It was rioved by Councilman Backes, seconded by Co��ncilman Ralles, to appra�ce the ac�enda for January 4 as presentecl. Tlie motion passed 6-�. 0 -1- Citv Council meetin4 January 4, 1982 6a . Park Kv�i k Sho : Re uest for 3. beer license PUBLIC NEARI��GS Application of Park Kwik Shop for a license to sell 3.2 beer (off-sale) at 5555 �l. Lake Street There beinc� no �ne v�ishir►q to speak, the Mayor declared the hearing clos�d with th� ric�ht of Council to thereafter reopen and continue it at a future date. � It was moved by Councilr�an F�anks, seconded bv Councilr�an Flartin, to approve the application. The motion passed 5-0-1 (Councilman Ralles abstained). � 6b. IR Bonds: Excelsior Clinic Industrial revenue bonds: Excelsior Clinic (Duraps) Councilnan Backes said he had received a call from the applicant requesting-a continuance to January 18 because of a change in the p�rtnership structure. He suqgested staff review the proposed chan�e. . It was moved by Councilman Backes, seconded by Councilman Hanks, to continue the hearino to January 18, 19F32 . The r�otion passed 6-0. REQUESTS, PETITIONS, COP•1��IU�JICATIOP�S � None. . RESOLUTIONS A��D ORDINANCES �a. Ordinance amendment re First reading of an ordinance amending zoninq boundaries Ordinance No. 1423 relative to boundaries of zoning districts (Bor-Son Investr!ment � Properties) In answer to a question from Councilman Hanks, the City Attorney said five votes a�ould be required to make a zaning change. � Don .lacobsen, representing the developer, said he detected concern on ti�e part of Council reqar�iinq the aQe of potential buyers of these � units. He said t�ie,develo�er ha�1 souqht an att�rney's opinion on this ancJ felt that hase�i on that o�inion, they woul�i be able to stand behind their corriitment to sell to those 40 years or older. - CouncilR�an Nanks asked how that would come about, by a special permit, i ncorpor�ted i nto the condoi�ii ni um by-i aws , or• how . Iir•. �lacobsen sald a filin� would be made �u . vii th tl�e County hefore City Cauncil �eetinq minutes January 4, 1�82 any closinqs could take place to ourchase the condominiums. The Cit� Attorney said the procedure was for an amendment t� the PUD plan followed hy a special permi� for the project at which point Council can specify conditions relative to the project. Dorothy �nderson, Qorothy Tracht, Ptarjean Cooper, all residents of the immediate area, spoke to voice their concerns about the project and why they oppose it because of increased traffic, tl�e use of spot zoning and guarantees units will not be sold to young people. In response to a question from Councilman Hanks re�arding restrictions on who may rent, the City Attorney referred to the statement from the develoner's attorney �•ihich spol;e of restrictions on occupanc�, not on a�ho o►•ms. The statement said ti�e law was currently in a state o�f fl�:x on this matter but that two lir�itations did exist: an ex- enption for units in which a ma,jority of occupants is over 55 years of aae, and restrictions ��►ith regard to occupancy, not to ownership. He said any restricti�n would becone binding on the purchaser of a unit, for example, like easements are binding. . Flayor ��1cQua i �i sa i d i t seems the deve l oper i s commi ti nq i tsel f to qiving the residents what they asked for at their last �eetiny, and that Counci 1 shoul d qo alonc� v�itli the desi res of the residents. Councilr�an hlartin agreed, but said the residents don't seem to now tir�nt uhat the developer is•proposing. George Asl� said that all tl�e apartr�ents on ��iinnetonka in the triangle �re r.�edium density. He said he felt the choice was for Bor-Son, a dev.eloper who seems to care and who is willing to cooperate with the residents. Councilman Hanks said he is still concerneci that people still do not know exactly arhat is qoing on in this area, especially on a long-range basis. He said h� would hope Council �vould hold up on taking any action until after it looks closely at the Comprehensive Plan. He said he'ci like the matter deferreci until a review of the PUD plan and then another neiqhborhood meeting be held. He said he was bothered by c�uestions 1 i ke "W��at are you doi nc�?" He sai d Counci 1 i s not doinq anythinq but reacting i;o matters that come before the�. !lorris Goldr�an said he had not received notice of an,y meetings and wondered what enforcer��nt ��o��ld he undertaken of violations in renting t� yo�inqer people. The Cit.y IlttornPy res��nn�ie�1 the other parti�s to the covenant, i.e., restriction of a��e, woulcl e�.''orce thp covc�nant, for exar.iple, stop the salc�. It was riove�l l>y C�uncili�an Il��nks, seconded by Councilman Martin, w��ive first readinq �f ��ro��,sed ordinance amencirnent relative to b�unclaries of zoning ciistricts and set second for January 18 and -3- to that City Council meetinq �inutes January Q, 1982 staff be directed to set up a meeting to discuss changes in the Compre- hensive Plan an�l notifyinq all resiclents of such meeting. The motion passed 5-1 (Councilman Strohl op�osed). 8b. Variarice: L. Zipkin; Resol uti on t�o. 7036 Resolution c�rantinq Zipkin for property Franklin Avenue. It v+as moveci by Councilnan Ralles, seconded aiaive readinc� and adont Resolution ��o. 7036 �rantin� variance in front yard setback from Ordinance Code relating to.zonina to permit 2�3 feet i nstea�l of the reqi�i red 35 feet i n t Disirict, at 8317 Franklin Avenue." Tl�e motion passed 6-0. variance to Lawrence located at 8317 bv� Counci lman �1arti n, to entitled, "A resolution Section 14-12�(5) of the a front yard setback of he R-1, Single Family 8c. Supervisorv vacation Second reading of ordinance in re lea��e; Or inance 1536 , supervisory vacation teave. It was r�oved by Councilman Qackes, seconded by Councilman f4artin, to ►•�aive second rea�iin� and adopt Ordinance Ilo. 1536 entitled, "An �rdinance amendinq the St. Louis Park Ordinance Code, Chapter 3, Personnel, Section 3-601, related to vacation leave." The motion passed 6-Q. tid. Transfer of funds for salary adjustments; Ordinance ��o. 1537 Second readinc� of ordinance in re transfer of funds to provide for 19�2 salary adjustments. It was noved by Councilnan Hanks, seconded by Councilman �•lartin, to waive second readin� and a�iopt Ordinance tJo. 1537 entitled, "An ord- inance authorizin� the transfers of funds and providing appropriations for salary a�ijustments for year endinc� December 31, 1982." The notion passed 6-0. 8e. An,�lication fees; Ordinance No. 1538 S�cond readinq Municipal Code fees. of ordinance amend�ing related to application It was moved by Councilman Backes, seconded by Councilman Martin, to waive sec�nd reading and adopt Ordinance No. 153�t entitled, "An ord- inance a�riendinc� the St. Louis Park �lunicipal Code related to application fees: Sections 6-111, V�cation; 14-203, Interpretation; 14-215, S�ecial Perr.iits; 14-221, Variances; 14-22�4, Rezoning and Text Amendments; and 14-303(Z)(ii), Plats. Thn moti�n passed 6-�. � -4- City Council meetin� minutes January 4 , 198� Fif. 1982 sewer rates; Second reading of ordinance amendin�� Ordinance 1535 •Ordinance Code relative to 19a2 sewer rates. It was noved hy Councilman Martin, seconded by Councilman Ralles, to waive second readinq and a�iopt Ordinance �do. 1535 entitle�l, "An or�iinance amending the St. Louis Park Ordinance Code, Section 9-231, "Sewer Rental Rates." The motion passed 6-0. Rq. Billboard size; Second reading of ordinance amendinq Qrdinance No. 39 Ordinance Code relative to size of billboards. It ►vas moved by Councilman Ralles, seconded by Councilman Martin, to waive seconci rea�iin� and adopt Ordinance No. 1539 entitled,,"An ordinance ar►�endinq the St. Louis Park Ordinance Code relatinq to zoninq by amendinc� Section 14-185(5)(b)° The r�otion passed 6-0. $h. Virginia /1ve. parking variance; ResoTiit�on No. 7037 Virc�inia Avenue South parkinq variance req ue s t It was moved hy Councilman Ralles, seconded by Councilman Hanks, to waive readinc� and adopt Resolution No. 7037 entitled, "Resolution re= questin� variance from State of h1innesota regulations to allow parking on Vi rc�ini a Avenue South fror� CS/1H 16 to the Burl ington Northern railroad tracks." The motion passed 6-.�. 8i . Hi hwa�� 18; Reso ution No. 7038 Hennepin County State Aid Highway 18 Yern Genzlin�er, Hennepin County, asked that the resolution to be adopted be amended tp include restriction of parkincl on one side of 36th Street. He said th�t new standards had since been passed dictating restrictions on a 44-foot wide stre�t which 36th will be. There bein� no opposition to this request, it was moved by Councilman Hanks. seconded by Councilman �lartin., to waive reading and adopt Reso- luti�n �J�. 7038 entitled., "Resolution approving final plans for the �lennepi n County State Ai d Hi c�h�tiay 18/Trunk Hi c�hway 7 i nterchange and the Ilen�e�in County State Aid I�ic�i�wav la/West 36th Street interciiangc, and aprrovinq a temnorary easer�ent requested by flennepin County" with the ar.�enciment as requested by Nennepin County. The notion passed 6-0. �'� City Council meetin� ninutes January �, 1982 REP�RTS OF OFFICERS, QOARD_ S, CO��� ES Comprehensive Plan Council�an Hanks noted that Council was holdin� a study session on January 11 and that any questions on the Com�rehensive Pl�n could be discussed at that time. It was moved hy Councilr�an Hanks, seconded by Councilman Backes, to cie`er action on this matter to January 1�, 1982. The motion passed.6-U. 9a. Virainia Ave. bridqe co�nittee final reoort_ 1�irqinia Avenue aridge Improvement Committee final report. Councilr�an Hanks congratulated staff on the excellent job they did in coordinatin� this.activity. It �ias moved by Councilnan Ralles, seconded by Councilman Backes, to accept the report and schedule discussion of it for a future study session. � The notion passed G-0. 9h. 19B? street assessment It was moved by Councilman Hanks, sec- rates onded by Councilman Martin, to naintain � the current street assessment rates. The �otion passed 6-0. 9c. Traffic Stud No. 275: Traffic Study No. 275: Walker St. west Resolution �o. 039 of W. Lake St. and the intersection of W. Lal:e St. and Wal ker St. The Director of Public Works said that the tv�o l,ri-minute parking stalls woul d he changecl to 5-ni nute parl;i nc� stal 1 s on Lake St. Councilrnan B�ckes inc�uired about the property in front of Reiss' and �ras inforr�ed it is no parking or limited parking and would stay that v�ay. 9d . C�[i� ob jecti ves Proposed statement of CDBG objectives. It was moved by Councilr�an Martin, secor�ded by Councilmah Backes, to appr�ve tiie 'draft stater�ent of Cormuni ty Devel op�ent B1 ock Grant ob- j�ctivPs. Tl�e motion �assc�d 6-0. 9e. I:lorlt: Special_�J�ermit Rec�iiest of Frantz Y.lodt for a special re2uesf; Resolut�on IVo._ 70:39 pennit for an office building, cafe- �. teria, Class I Restauran't at 6q65 Wayzata alvd. . i -6- City Council meetinq minutes January 4, 1982 It was moved by Councilman Ralles, seconded by Councilman �lartin, to waive reading and adopt Resolution ��o. 7040 entitled, "A resolution �rantinc� �err�it under Sections 14-141 , 14-156 and 14-195 of the zoning ordinance code relatinc� to zoninq to perr.�it a nine story office buildinq (inclu�iing 3,000 square feet of retail); a 2,000 sc�uare foot cafeteria, anci a 1Q,000 square foot Class I Restaurant for property located in the R-?., General Business District, and R-4, ttulti�le Family Residence District, at 6465 Wayzata Boulevard." The moti�n passed fi-0. 9f. Klodt: Re uest for nar�e late Resolutian No. 70� Request of Frantz Klodt & Son for a special pe rniit to construct nameplate sign at 1400 Vernon A�►e. It was nove�i by Councilman Ralles, seconded by Councilman Nartin, to v�aive readincl and adopt Resoluiion No. 7041 entitled, "A resolution ar��ending Resolution No. G�84 ar.iending Resolution No. 6720 amending Resolution No. 6486 qranting �ermit under Section 14-124 of tfie St. Louis Park Ordinance Code relating to zoning to permit�a hotel and Class I restaurant for proper•ty located in the DDD, Diversified Developr�ent District, at 5555 Wayzata Blvd." Tl�e noti on passed 6-0. 9c1. Kiffe: Soecial F—ermit; Request of Jack Kiffe to amend a special esolution o. 704� permit to permit wheel �alignment bay and vending mcahine at 6407 W. Lake St. It �•ras r�oved by Councilrian Hanks, seconded by Councilr�an Martin, to waive readin� and adopt Resolution No. 7042 entitled, "A resolution qranting permit un�ier Section 1�-156 of the St. Louis Park Ordinance Code relatine� to zoning to permit a service station for property lo- cated in the B-2, General Business District, at 6407 W. Lake St." The �otion passed 6-0. 9h. Planninq Commission minutes 9i. 9j. Tiie minutes of• the Planning Cormission meeting lield December 16, 1981 were ordered filed.by consent. F�RA r�inutes The ninutes of the Housing and Redevelop- r�ent Authority meeting held December 8, �981 were ordered filed by consent. Parks E� Rec minutes The minutes of the Parks and Recreation `� Advisor,y Corimissi�n held Qecember 16, 1981 ��ere ordered fi 1 e�i by consent. UP�FII�ISHED [iUSINESS 1Qa. Roar�ls_anci Crn�e�issions The followin� Councilmembers were desiqnated 7 City Council meetin� minutes January 4, 19�2 as alternate representatives to the applicable boards and cor.xnissions: � Planninn Comnission - Ronald 6ackes; Parks & Rec �dvisory Board - John Ralles; Boar� of Zonin� �ppeals - Lyle flanks; Buildin� Construction Codes - Ri chard Strol�l ; Corm�uni ty Rel ati ons Corru�i ss i on - Phyl l i s Nc- �uaid; Human Ri e�hts Cor�mi ssion - Kei th Mel and. Council�nan P•lartin said he saw no probler:� in appointinc� Euqene Alt- statt to the Community Relations Commission that eveninq. C�uncilman Hanks said he would prefer to wait until Council sees the renort from the CRC regardinq the changes in its enabling resolution. Councilnan Plartin concurred and as{:ed that �•1r. Altstatt be scheduled for an interview prior to the February 1, 19�32 r�eeting. NEW BUSINESS lla. Bic1 tab: Louisiana Eiridc�e Bid tabulation: Louisiana Bridqe over Burlington tracks � It was noved by Councilrian Ralles, seconded by Council�an Qackes, to desic�nate C. S. McCrossan, Inc. as the lowest responsible bidder and that staff be authorizecl to execute an agreer�ent with that contractor for �766,717.81 and to so designate its selection to HnDOT. The motion passed 6-0. llb. Rid tah: Cit� netivsletter Bid tabulation: City newsletier. It was mo�ied by C�uncilman Hanks, seconded by Councilr�an Ralles, to ciesic�nate Jones Commerciil Printinc� as the lowest responsible bidder and authorize execution of an agreement with that firm. The motion passec� 6-0. t�lauor �4cQuaid asked how this contract price compared with last year, and staff responde�f it was less. Coi�ncilman Martin asked if staff had any problems with changing printers every year and if it did, he'would be ar�enable to bidding out a two or three year printing contract. 1?_a. �ark�c�c_.claims �tISCELLAWEOUS Ceaser, Q05 Cedar Terrace, Shakopee [3v consent, the Council author•ized the above claims to be filed with the City Clerk for t�roper actinn by the City ��lanaqer and the City Attorney. � City C�uncil neetin� minutes Jan��ary 4, 1982 12b. Cammunications from the Mavor Eliot Community Center. Mayor Mcf�uaid announced that the next town meetinq would be held in l�ar�i 1 on Monday; February 22 at the Disciission followed as to the need for preparinq two agendas for each Council r�eeting, one ��ith suc19ested actions for Council to take and one leavin� out the actions. It was felt that there �vas little need for this d�iplication of effort. It was moved by the same agenda �eneral �ublic Councilman Hanl;s, seconded by Councilman �lartin, that that goes to Council also be made available to the The motion passed 6-0. 12c. Corx*uinications from ti�e Ci ty I�lanager 1. Southv�est Cable Corrmission - The City Manaqer said that the memo before Council was for inforr�ation purposes. Cou�cilman Hanks said he was opposed to Cit,y monies being used to help other cormunities set up their cable tv systems. The City Manac�er said that the tJest Suburban Chamber of Conmerce.was still lookin� for a representative from St. Louis Park to sit on its "quality of life" foundation. The Cit� Manager brought up the subject of snowplowing in light of the heavy snowfall ovPr the recent weekend, f�e rroted how ex�ensive this becor�es hecause of the overtime involved and suggested exploration of alternatives t� the present systen. Councilr�an P.alles asked how Hopkins' system worked, and Flayor McQuaid asked if the north�soutf�, east�/west systems as used in Minnea�olis and St. Paul had ever been evaluated. It was moved by Councilman Hanks, seconded by Councilman Backes, that staff look at all available alterna�tives to the.City's present system of snow rer►oval. The r�otion passed 6-0. CLAIt1S, APPROPRIIkTIONS, CQNTRACT PAYMEP�TS 13a. Ilerified clair�s It was r�oved by Councilnan Backes, sec- � onded hy Councilman Ralles, that the . list of verified cl�ims prepared by th� Uir�c:tor af Fin��nce ��n�i directed Lo tfie City Counc:il dated January �t , 19t32 i n the t�ta 1 anroun t of $9,212 .13 be approve�i and the Ci ty '�ana�er and Cit� Treasurer be authorized to issue checl:s in ttie same amount by a vote of 6-0. �. -9- City Council �eetinq minutes January 4, 1982 13b. Final payments It was m�ved by Councilman Hanks, sec- onded by Couricilman Ralles, to waive reaciin� and adort Resolution t�o. 7043 entitled� nPct�ont�Projectptjng ���ark in sanitary sewer and and water service con 81-76 and Res�lution No. 704�1 entitled, "Resolution accepting work in pavin�, curb Y� qutter, storm sewer, sanitarv sewer and bituminous trail, Pr�ject Nos. 80-23, 81-02, 81-05," and to authorize the following contract paynents: 1. Final paynent, Pro,iect 81-76, sar�itary sevrer/water service connect- ion, Thomas Montnomery Construction. A�ount: $4,8U0. 2. Final payment, Project Nos. 80-23, c�utter, storm sewer, sanitary sewer Carlson. Anount: $13,7G7.23. Tfie motion passed 6-0. $1-02, 81-05, pavinc�, curb E� and bituminous trail, Qury & C�ntract Pay!�ents - Partial It was r�oved by Councilman Hanks, sec- onded by Councilman Ralles, to authorize payment of the followinc� partial contract payments: 3. Ideal Enterprises, watermain and valves with special manhole, Amount:.�24,536.48. The notion passed 6-0. Executive Session the followinc� actions were � The Council adjourne�i for an executive session. Upon its return to chambers, taken: It vras r�oved by Cc+uncilr.�an Hanks, seconded by Councilrnan �lartin, to authorize the City �lttorney to settle with t•1ET Properties, Inc. for an ordinary special assessment of �6,000 for Improvements No. 77-11A and 77-llQ and a deferred special assessment in the amount of $57,880.76. It was moved�by Councilman Hanks, and sec- onded hy Councilraan Ralles, to authorize the City flanager to contact Cardinal Glass in order to re-open negotiations and to notify Cardinal (;lass of the City's intent to terminate temporary access. (toth motions passed G-0. 14. Adjournment the meetin� at 10:20 r.m It was moved by Coiincilman Ralles, sec- onded by C�uncilman Strohl ta adjourn The motion passed 6-0. . /�. �� �.� � - -' � � � �%�} �'� � _ - - --- ----- a ni�li;—Record�iiq Secretary -10-