HomeMy WebLinkAbout1982/10/18 - ADMIN - Minutes - City Council - Regular1. Call to Order
2. Presentations
3. Roll Call
�iINUTES
CITY COUP!CIL MEETING
ST. LOUIS PARK, MINPIESOTA
October 18, 1982
The meeting was called to order by President
Pro Tem Lyle Hanks at 1:30 p.m.
President Hanks read a proclamation in honor
of National Business Women's Week and pre-
sented the document to two representatives
of the organization.
The following Council�members were present
at roll call:
Ronald Backes
Jerrold Martin
Keith Meland
John Ralles
Richard Strohl
Lyle Hanks
Also present were the Acti•ng City Manager, City Attorney, Director of Planning
and Director of Public Works.
4. Approval of Minutes
of the October 4 meeting.
It was moved by Councilman Meland, seconded
by Councilman Ralles, to approve the minutes
Councilman Backes referred to item 8k on page 261, paragraph 4. He felt
this paragraph should be edited to reflect that the proposed ordinance was not
passed.
It was moved by Councilman Meland, seconded by Councilman Backes, to defer
approval of the minutes to November 1, 1982
The motion passed 6-0.
�. Approval of Agenda It was moved by Councilman Meland, seconded
of Councilman Backes, to approve the consent
agenda for October 18, 1982 with the
addition of item *llb Setting public hearing for assessment of improvement proj-
ject 81-37.The motion passed 6-0.
Agenda for October 18 It was moved by Councilman Martin, seconded
by Councilman Strohl, �o approve the agenda
for October 18, 1982 with the following additions: 8i Amusement devices;
llc Annual meeting of AhiM and Housing Conference meeting; lld NCEA convention.
The motipn passed 6-0.
Mayor McQuaid arrived at the meeting.
-274-
� _ .�,...Y,_...y..
City Council meeting minutes
October 18, 1982
PUBLIC
6a. Liquor license
HEARINGS
GQ Corporation dba.Good Food & Company
application for on-sale 3.2 beer license
"transfer."
� There being no one wishing to speak, the Mayor declared the hearing closed
with the right of Council to thereafter reopen and continue it at a future
date.
It was moved by Councilman Martin, seconded by Councilman Meland, to approve
the application transfer.
The motion passed 7-0.
6b. Variance: Cox
Request of James H. Cox for a variance for
property at 2712 Vernon Ave. So.
Phil Gonseth, 2716 Vernon Ave. So., passed around a list of residents within
175 feet of the applicant's property. He said he asked the residents their
feelings regarding adding a dwelling to the property. He.said the residents
were not against the addition of one dwelling, but felt the proposed var-
iance would open up the property to construction of more than one structure.
He said that the present owners have not kept up the property, that the
neighbors have done all the mowing, raking, snow shoveling, etc.
In answer to the Mayor's question if any neighbors had been to the Board of
Zoning Appeals meeting when this item was discussed, Mr. Gonseth said no
one had at�tended as they had no knowledge of the meeting.
In answer to Councilman Backes' question about the width of his lot, Mr.
Gonseth said it was 40 feet.
James Cox, applicant, said he knew nothing about all this controversy over
the property. He said if he were not permitted to build on it, he would
sell it to the residents.
Dolly Puchain and Bertha Smith expressed their concern over using up 40 feet
of a 75 foot lot to build a house, what would be done with the remaining 35
feet.
There being no one further wishing to speak, the �4ayor declared the public
hearing closed with the right of C�unci.l to thereafter reopen and continue
it at a future date.
Councilman Hanks asked if residents were notified of issues coming before
the Board of Zoning Appeals.
The Director of Planning said that was not a policy because any items to be
heard by Council require a public hearing notice.
Councilman 1-lartin said 40 foot lots were typical in this neighborhood and
. - 2 7 5 - -.�,......,r..a.,.. . r.'� '�-
City Council meeting minutes
October 18, 1982
apparently the residents are supposing Mr. Cox is not goi�-; �� huild within
the neighborhood's characteristics. He said if any of the '�'�er neighbors
were in the position to have to rebuild their homes, they to�� would have
to apply for a variance. He said he felt it was not reasonable to deny this
particular variance and that City Ordinance does allow Council to make
exceptions depending upon circumstances. �
It was moved by Councilman Hanks, seconded by Councilman Meland, to deny
the request.
The City Attorney suggested the motion should read rather than to deny, the
preparation of a resolution of denial with findings.
Councilman Backes questioned this, asking why Council's discretionary
powers should be delegated to staff. He said he felt Council could state
for itself r.easons for denial.
The City Attorney said the suggestion was not to imply any of Council's
powers being delegated to staff, rather reflected a legal procedure.
A discussion followed on why lots were 40 feet and now the ordinance states
they have to be 75 feet, and Councilman Strohl asked for clarification from
the Director of Planning.
The Director said that in 1959 the Council distinguished between R-1 and R-2
districts, with R-1 restricted to lot sizes of 75 feet and R-2 60 feet. He
said Council recognized the trend toward larger homes and the preservation of
side yards, and so forth�. In looking around the community, the Council de-
termined two classifications were needed. He said some lots remained the
the twilight aone, so to speak, and that Councils had decided to draw the
line on the smaller lots.
Councilman Martin asked if a resident's home burned, could he rebuild it on
the smaller lot.
The Director said the present ordinance requires a lot of 75 feet or two-
thirds of 75 feet or the resident can apply for a variance which any
Council has the optinn to grant. .
Councilman Martin said he felt that was exactly what the applieant was re-
questing and he should be permitted to proceed with the development of
his property.
Shannon Tamborino, 2724 Vernon, said she agreed with Mr. Gonseth and asked
why the owner had not kept up the property. ,
John Anderson, 2700 Vernon, said these two lots had been owned by the same
family for 45 years but that he's been taking care of the lawn all that
time.
�, Dave Johnson, a neighbor, said previous offers to buy had been refused, and
� .. . � � .r, _ �.� �„-�..�..,, _�„„�,,,�_.�„
�-_--�.-,.�..,....z�...>.��..,,...��..- ,,�....-.
City Council meeting minutes
October 18, 1982
concurred with previous comments that Mr. Anderson had taken care of the
property all these years.
Councilman Hanks withdrew his original motion and moved that the hearing be
continued to November 1, 1982. The motion was seconded by Councilman Meland.
Councilman Backes said the Council has authorized the preparation of reso-
lutions of denial in the past, but he failed to see why staff was being
asked to now find facts for denial of this variance request, since nothing
� to substantiate denial has been discussed.
Councilman Martin suggested a neighborhood meeting might be in order.
Mayor McQuaid asked Councilman Strohl to get such a meeting together.
The motion passed 4-3 (Councilman Backes, Martin and Ralles opposed.)
6c. Variance: Schechter
Request of Marta J. Schechter for a variance
on property at 8621 29th St. West.
Herbert Schechter, 8621 29th St. W., said he was a 17 year resident of St.
Louis Park. He wants to add a 2} car garage, turning the present garage into
a kitchen. He said because of the configuration of his lot, construction
would not be possible without a variance.. He read notes from the imnediate
neighbors stating they had no objection to his plan. Mr. Schechter passed
around a map more graphically illustrating his plan.
It was moved by Councilman Martin, seconded by Councilman Ralles, to
authorize preparation of a resolution approving the variance request.
The motion passed 7-0.
6d. Variance: Minneapolis Golf Request of Minneapolis Golf Club for a var-
Club; Resolution No. 7258 iance at 2001 Flag Ave.
There being no one wishing to speak, the Mayor declared the hearing closed
with the right of Council to reopen and continue it at a future date.
It was moved by Councilman Ralles, seconded by Councilman Hanks, to waive
reading and adopt Resolution No. 7258 entitled, "A resolution granting
variance in front yard setback from Section 14-108(1) of the Ordinance
Code relating to zoning to permit an accessory building with an area of
1,560 sq. ft._instead of the maximum of 1,000 sq. ft. in the R-1 Single
Family Residentiai District at 2001 Flag Ave. So."
The motion passed 6-1 (Councilman Strohl opposed).
PETITIONS, REQUESTS, COMMUNICATIONS
None.
RESOLUTIONS b ORDINANCES
8a. Dram shap liabi)ity; Second .reading of ordinance relating to dram
r inance o. shop liability: Adding non-intoxicating liquor
-277- to Section 13-119
City Coun�il meeting minutes
October 18, 1982
It was moved by Councilman Martin, seconded by Councilman Meland, to
waive second reading and adopt Ordinance No. 1575 entitled, "An ord-
inance amending the St. Louis Park Ordinance Code related to insurance
requirement: Adding non-intoxicating liquor to Section 13-119."
The motion passed 6-0-1 (Councilman Ralles abstained).
8b. Recyclable materials; Second reading of ordinance amendment
Ordinance No. 1576 prohibiting the unauthorized collection
of recyclable materials
It was moved by Councilman Meland, seconded by Councilman Railes, to waive
second reading and adopt Ordinance No. 1576 entitled, "An ordinance amending
the St. Louis Park Ordinance Code relatinq to the collection of recyclable
. materials and prohibiting unauthorized collection, adding Section 9-309."
The motion passed 7-0.
$c. Litter ordinance•
Ordinance No. 577
Second reading of ordinance relating
to� 1 i tter
It was moved by Councilman Martin, seconded by Councilman Ralles, to
waive second reading and adopt Ordinance No. 1577 entitled, "An ordinance
amending the St. Louis Park Ordinance Code related to litter, adding
Sections 11-406, 11-407, 11-408 and 11-409."
Councilman 6ackes said he had a problem with the section 11-407 relating
to mud, dirt, sticky substances, etc. He felt either the language was
excessive or the interpretation was questionable. He felt this issue was
somewhat minor in importance and he didn't care to leave it up t� staff's
discretion in giving out $500 fines. He said it would be acceptable if
it were modified to some extent. He felt in the spring of the year half
of the people in the City would be in violation to some extent.
The motion passed 7-0.
8d. 3742 Uakota Ave.: Sale Second reading of an ordinance relating
r inance No. 578 to the sale of property at 3742 Dakota Ave.
It was moved by Councilman Meland, seconded by Councilman Martin, to waive•
second reading and adopt Ordinance No. 1518 entitled, "An ordinance
authorizing sale by the City of City-owned property at 3742 Dakota Ave."
The motion passed 7-0.
8e. Vending machines
First reading of an ordinance amending
code relating to bulk vending machines
It was moved by Councilman Martin, seconded by Councilman Ralles, to waive
first reading and set second reading for November 1, 19g2,
' j The motion passed 7-0.
�
� -?7R-
City Council meeting minutes
October 18, 1982
8f. Car wash;
Ordinance No. 1579
Second reading of ordinance relating to
coin-operated car wash
It was moved by Councilman Meland, seconded 6y Councilman Hanks, to
waive second reading and adopt Ordinance No, 1579 entitled,� "An ordinance
amending the St. Louis Park Ordinance Code relating to zoning by amending
Section 14-151.101 by adding Subsection (2)."
The motion passed 7-0.
8g. Zoning at American Leqion First reading of ordinance relating to
zoning at American Legion Post #282
It was moved by Councilman Martin, seconded by Councilman Meland, to waive
first reading and set second reading for November 1, 1982.
The motion passed 5-2 (Councilmen Hanks and Strohl opposed).
8h. Ordinance relatin to bin o; Second reading of an ordinance amending the
r inance No. 1580 Code relating to gambling: Bingo
It was moved by Councilman Meland, seconded by Councilman Strohl, to waive
second reading and adopt Ordinance 1580 entitled, "An ordinance amending
the St. Louis Park Ordinance Code related to gambling: Bingo adding Sections
13-1610 through 13-1615.
The motion passed 7-0.
8�• Amusement devices
Amendment to Ordinance Code
Councilman Martin said he had spent a great deal of time talking to many
of the parties involved in this matter and he felt that a licensing fee of
$75 per machlne was out of line, that $50 was more reasonable.
It was moved by Councilman Martin, seconded by Councilman Backes, to authorize
preparation of an amendment to the existing ordinance as follows: a licensing
fee of $50 per machine; $600-$750 for an operations license (based on a
sliding scale).
Ron Diker, attorney, felt the present fees for a license were too high. He
said the fee should bear a reasonabie relationship to the administering of
such a fee. He referred to staff's report on the administration of licensing
and noted the increase was some 78�. He also felt the fee was unenforceable.
He comnented the section entitled Policing referred to what the Inspections
Department should do. He said the City doesn't do such policing of bars,
restaurants, etc. He felt it was an unlawful licensing procedure and non-
supportive in court. Ne alluded to pending legislation in West St. Paul,
the result of which was that city dropped the machine fee and eliminated
the owners license fee.
Phil Smith concurred with Mr. Diker, stating he and other operators were
only looking for fairness for their industry and asked that license fees
not be increased.
�__ - 2 79 - �-
'�'�n��lr��Rq� 1
City Council meeting minutes
October 18, 1982
Sam Nilva, amusement operator, alluded to the many billboards around the
City enticing kids to smoke. He said no one had ever died from playing a
video game, yet there was no zoning to prohibit the prolif.eration of
cigarette billboards. He said he employed 26 people in his establishments
who live here, spend their money here, pay taxes, support City businesses,
and so forth.
Councilman Martin asked if there were
fees to which the Acting City Manager
staff study before Council.
any information relating to vendors'
said that had not been part of the
Councilman Martin said it appeared the City was so much higher than surrounding
co�nunities and that he would like to amend his original motion to $150 per
vendor, a$100 investigation fee and�$50 per machine.
The Mayor asked if this was agreeable to the second of the motion and Council-
man Backes said it was and added the City was indeed considerably higher
especially when these fees were compared to the fees for bulk vending
machines when the licensing, inspection and administering involve virtually �
the same time and manpower.
The motion passed 4-3 (Councilman Hanks, Meland and Strohl opposed).
REPORTS OF OFFICERS, BOARDS, COMMITTEES
9a. Traffic Stud 293: Sunset Rid e Traffic Study No. 293: Sunset Ridge Rd.
Reso ution No. 7259
It was moved by Councilman Ralles, seconded by Councilman Martin, to
waive reading and adopt Resolution No. 7259 entitled, "Resolution authorizing
installation of no-parking controls on Sunset Ridge Road."
The motion passed 7-0.
9b. Traffic Study No. 2�94: Traffic study No. 294: TH 12 south fronta�e
Reso u on No. 7260 road/Nampshire Ave.
It was moved by Councilman Ralles, seconded by Councilman Meland, to
waive reading and adopt Resolution No. 7260 entitled, "Resolution authorizing
installation of no-parking controls on Trunk Highway No. 12 south frontage
road."
The motion passed 7-0.
9c. Speed Zoning-Cedar Lake Rd. Arlis Grossman, 8031 Cedar Lake Rd., said
the Cedar Lake Road Comnittee recommends
a 30 mph east of Louisiana with an increased speed closer to Vernon. She
said the City Council had a long-standing policy to keep Cedar Lake Road a
local collector and urged opposition to the State's recommendation.
Councilman Ralles moved to reject all three proposals except Zarthan to
Highway 100 which should be 35�mph. He said actually he'd like to see it
30 mph from Highway 100 to Highway 18.
� Councilman Martin commented Cedar Lake Road and Minnetonka Blvd. should be
� -?��-
.._.,._,.,..�,,....,....._._.� ...�..:,,,�. .
City Council meeting minutes
October 18, 1982
posted at 35 mph and that both streets function well at that speed. He
said they are not residential streets and by state law 35 mph is the
recommended speed on collector streets
Ms. Grossman said Louisiana Ave. is 30 mph and asked what Councilman Martin's
rationale was for 35 mph on Cedar Lake Road.
It was moved by Councilman Ralles, seconded by Councilman Strohl, to change
the recommended speed from 40 to 35 mph and leave the rest of the postings
as is. .
Councilman Hanks said ever.yone will drive at least 5 mph over the posted
speed limit and noted Wooddale is posted at 30 mph.
Councilman Ralles withdrew his motion
It was then moved by Councilman Ralles, seconded by Councilman Martin to
post Cedar Lake Road from Highway 100 to Highway 18 at 30 mph.
Councilman Meland said certainly one of the busiest routes through town was
Highway 7 and for long stretches it's posted at 40 mph and the homes are
nat as close to the roadbed as they are on Cedar Lake Road. Also he pointed
out Cedar Lake Road is not as well engineered as Highway 7.
The motion passed 7-0.
The Acting City Manager reminded Council tha� final approval rests with
the Corr�nissioner of Transportation.
9d• Site lan a roval
Resolution No. 726
Request for site plan approval at 5305
Parkdale Dr. (Gary Bell)
It was moved by Councilman Meland, seconded by Councilman Martin, to waive
reading and adopt Resolution No. 7261 entitled, "A resolution granting
permit under Section 14-124(2)(a) of the St. Louis Park Ordinance Code
relating to zoning to permit an office warehouse and fabrication of plastic
bags for property located in the DDD, Diversified Development District,
at 5305 Parkdale Drive." �
The motion passed 7-0.
9e• Recycling
Agreement with Hennepin County for re-
cycling grant
It was moved by Councilman Martin, seconded by Councilman Strohl, to
authorize the Mayor and City Planager to execute an agreement with
Hennepin County which will provide up to $16,000 in financial assistance
for the City's pilot residential recycling program.
The motion passed 7-0.
9fi• BOZA minutes
The minutes of the Doard of Zoning Appeals
meeting held September 23, 1982 were
ordered filed by consent.
�" �,���1.�-
City Council meeting minutes
October 18, 1982
9g. Planning Commission
9h. Financial report
The minutes of the Planninq Commission
meeting held October 6, 1982 were
ordered filed by consent.
The September financial report was
ordered filed by consent.
UNFINISHED BUSINESS
10a. Boards and Cor�nissions It was moved by Councilman Meland, sec-
onded by Councilman Hanks that Council
gather at 6:45 p.m. on October 25 to select individuals to serve on the
Cable TV Advisory Commission.
NEW BUSINESS
lla. Change order: 1982 alley projects It was moved by Councilman Ralles, sec-
onded by Councilman Meland, to approve
change order No. 2, Contract No. 1544, with U.S. Masonry & Concrete, Inc.
for Project Nos. 82-50, 82-52 and 82-55.
The motion passed 7-0.
llb. Improvement hearing
Setting public hearing.
By consent, a public hearing on the assessment of improvement project No.
81-37 was.set for November 15, 1982.
llc. AMM Housino Conference_ It was moved by Councilman Backes, seconded
and Annual��leeting by Councilman Hanks, that the City pay any
fees incurred by Councilmembers wishing to
attend the ANM Housing Conference. The motion passed 7-0.
Councilman Backes requested that all information �n the AMM annual meeting
be Torti•�ar�fe�i �o Councilme;�'��rs.
lld. NCEA Conference It was moved by Councilman Meland, seconded
by Councilman Hanks that the City's rep-
resentative to the NCEA Conference, Karen
Reeves, have her expenses to the conference paid by the City.
The motion passed 7-0.
-282-
���!'/�rl�[i�'rt�^'y"r'i'�� .. . "�wc..a-+'1.S.via:>yo+RMa�.•.�... rttie...a�..y...,, ...-.sn.�._y..,•..�c.v:--^awa
.��.....�.,.....�-.���•S`4•wTtvi'!" .. . . . . . . .el�Yv1 .Lt :n.
City Council meeting minutes
October 18, 1982
12a. Claims.
MISCELLANEOUS
None
12b. Cormiunications from the Mayor Mayor McQuaid reminded those present of
the City birthday celebration on October
21, 1982 beginning at 11:30 a.m. in City Hall.
She referred to a letter in the St. Louis Park Sun ne�rspaper in which
she was accused of not participating with the residents on the Louisiana
Ave. project. She said the letter was inaccurate in that she was told an
intermediary would contact her, which was agreeable to her, but she was
never contacted. �
12c. Corrmunications from the
Acting City Manager The Acting City Manager reminded Council
of the study session October 25, 1982,
commencing at 6:45.
He said that the pilot recycling program will begin on October 19.
Councilman Martin said he felt parking should be allowed in the 29th,
30th and 31st blocks of Louisiana Ave. until a decision is made on a per-
manent basis.
The Director of Public Works presented a short outline of what is currently
being studied on the Louisiana Ave. issue and that the matter will be on
the November 1 agenda. He noted that no parking south of Minnetonka (the
2900 block) had been instituted via a resolution adopted in February 1982.
CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
13a. Verified claims The list of verified claims prepared by
. the Director of Finance in the amount of
$860,Q43.80 for vendor claims and $10,733.32 was approved for payment on
a motion of Councilman Meland, seconded by Councilman Hanks, and approved
on a roll call vote 7-0.
14. Ad,journment
adjourned at 9:50 p.m.
P � �, .f�
t Smith, Recor ing Secretary
It was moved by Councilman Meland, seconded
by Councilman Ralles, that the meeting be
The motion passed 7-0.
, . , .-
.
ayor
,,,� -283-
'�_