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Home My WebLink About1982/11/01 - ADMIN - Minutes - City Council - Regular1. Call to Or�1er 2. Presentations MINUTES CITY COUPlCIL MEETIP�G ST. LOUIS PARK, MINNESOTA November 1, 1982 A regular meeting of the St. Louis Park City Council was called to order by Mayor Phyllis t•1cQuaid at 7:33 p.m. The Mayor read a proclamation in honor of National Youth �Jeek as sponsored by the Optimists. 3. Roll Call The following Council members were present at roll call: Ronald Backes Keith Meland Lyle Nanks John Ralles Jerrold Martin Richard Strohl Phyllis McQuaid , Also present were the City Manager, City Attorney, Director of Public IJorks and Director of Planning. 4. Approval of minutes It was moved by Councilman Backes, seconded �' by Councilman Strohl, to approve the minute � of the October 4, 1982 meeting with the following correction: item 8k, the vote should be 6-0 (Councilman Ralles absent). The motion passed 7-0. It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the minutes of the October 18 administrative hearing. The motion passed 7-0. It was moved by Councilman Ralles, seconded by Councilman Ftartin, to approve the minutes of the October 18, 1982 City Council meeting. The motion passed 7-0. 5. Aporoval of Agenda The motion passed 7-0. It was moved by Councilman Hanks, seconded by Councilman hartin, to approve the consent agenda for November 1, 1982. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the agenda for November l, 1982 The motion passed 7-0. PUBLIC NEARINGS i 6a. Yariance request: Cox Request of James Cox for a variance for property at 2712 Vernon Ave. So. (cont. from -284- City Council meeting minutes November 1, 1982 , •,. E��;`•"rjr�;t!<,=:ti�'f�s.a� :. ,,:�a, .,, ` _ __ October 18, 19II2). Phil Gronseth, 2716 Vernon Ave. So., read from a document in opposition to the granting of a variance at 2712 Vernon Ave. So. The main concern of the neighborhood residents is that if Mr. Cox is allowed to build on his 40-foot lot, the owner of the adjacent 40 foot lot would also be able to build should he so choose. The residents feel granting such a variance will adversely affect the character of the neighborhood. Dave Johnson, 2705 Webster Ave. So., said the neighborhood residents should not be penalized because the applicant was not aware of the zoning when he purchased the property. Shannon Tambornino, 2724 Vernon, John Anderson, 2700 Vernon and Dalyz Kutchei, 2717 Uernon Ave. So. all concurred with Mr. Gronseth's remarks. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reo!�en it at a future date. Councilman Martin restated his position that the applicant bought a 40--foot lot upon which he should be permitted to build even though the ordinance governinq the zoning on the property has been amended. Councilman Backes quoted from the Board of Zoning Appeals minutes wherein the request for variance was approved. In answer to a question from Councilman Hanks, the City Attorney stated the lots were owned in common from the 1930s to 1967 and that the zoning change occurred in 1959. It was moved by Councilman ��leland, seconded by Councilman Hanks, to authorize preparation of a resolution of denial. The motion passed 4-3 (Councilmen Backes, Martin and Ralles opposed). PETITIONS, REQUESTS ANO COMMUNICATIONS None. � RESOLUTIONS AND ORDINAMCES 8a• Bulk vending machines; Second reading of ordinance related to Ordinance No. 1581 license fees for bulk vending machines It was moved by Councilman Meland, seconded by Councilman Martin, to waive second reading and adopt Ordinance No. 1581 entitled, "An ordinance amending the St. Louis Park Ordinance Code related to the license fees for bulk vending machines amending Section 13-913, Item (3)." The motion passed 7-0. -285- City Council meeting minutes November 1, 1982 8b.� Amusement devices; Ordinance No. 1582 Second readinq of an ordinance related to annual amusement device license fees Councilman Hanks asked what the owners fees had been lowered from in 1982 to which the City �4anager replied 1-2 machines was $120, 3-15 was $450 and 16+ was $600 with a$42/machine charge. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Ordinance �lo. 1582 entitled, "An ordinance amending the St. Louis Park Ordinance Code, Section 13-404: Annual anusement device license fee." The motion passed 4-3 (Councilmen Hanks, t�leland and Strohl opposed). 8c. American Legion rezoning; Second reading of ordinance rela.ted to Ordinance No. 1583 rezoning at American Legion Post 282 It was moved by Councilman Meland, seconded by Councilman Martin; to waive ., second reading and adopt Ordinance No. 1583 entitled, "An ordinance amending the St. Louis Park Ordinance Code changing boundaries of zoning districts." The motion passed 5-2 (Councilmen Hanks and Strohl opposed). 8d. Liquor license set-up permi ts First reading of ordinance relating to temporary intoxicating liquor license set up permit It was moved by Councilman hteland, seconded by Councilman Ralles, to defer the matter to the next study session. The motion passed 7-0. 8e. IRB request: Gary Qell Resolution calling for public hearinq: Gary Bell request for industrial revenue bonds It was moved by Councilman Meland to waive reading and adopt resolution. The motion died for lack of a second. It was moved by Councilman t�artin, seconded by Councilman Strohl, to deny the request for IRB financing. The motion passed 6-0-1 (Councilman Backes abstained}, 8f. Schechter variance; Resolution granting variance to Marta Schechter � Resolution No. 7262 for property at 8629 29th St. W. 'L /" It was moved by Councilman Ralles, seconded by Councilman P1artin, to waive reading and adopt Resolution No. 7262 entitled, "A resolution c�ranting variance in front yard setback of three feet instead of the required 35 feet from Section 14-128(5) of the Ordinance Code relatinq to zoning to permit a garaqe -286- City Council meeting minutes t�ovember 1, 1982 addition in the R-1, Single Fam11y District, at 8621 29th St. West." The motion passed 7-0. 8g. Bassett Creek Flood Control� Resolution relating to•Bassett Creek Flood Reso ut�on o. Control Commission It was moved by Councilman Backes, seconded by Councilman Strohl, to waive reading and adopt Resolution �lo. 7263 entitled, "Authorizing and directing the Bassett Creek Flood Control Comnission to prepare an amended joint powers agreement and a plan to reorganize the Comnission to comply with surface water management legislation adopted by the 1982 Minnesota Legislature." The motion passed 7-0. 8h. Audit financial recorGs• Audit of financial records Reso ut�on No. 6 It was moved by Councilman Hanks, seconded by Councilman Meland, to waive reading and adopt Resolution No. 7264 entitled, "Resolution providing for �� the employment of George M. Hansen Company to audit the accounts and records of the City for the 1982 fiscal year." The motion passed 7-0. P,EPORTS OF OFFICERS, BOAROS, COMMITTEES 9a. Traffic stud : Amhurst Traffic Study No. 295: Access road to Amhurst ei�soT�ution o. � development It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 1265 entitled, "Resolution authorizing in- stallation of a stop sign at the intersection of W. 36th Street and access road to Lohman's Amhurst subdivision." The motion passed 7-0. 9b. Farr Develo ment• eso ut on o. 6 Request of Darrel Farr Development to amend special permit at 2100-2190 Ridge Dr. It was maved by Councilman Martin, seconded by Councilman Backes to waive reading and adopt Resolution No. 7266 entitled, "A resolution granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to permit a 120-unit condominium for property located in the DDD, Diversified Oeveloprpent District, nt 2100-2190 Ridge Or." The motion passed 7-0. 9c. Con�ce �t plan: Condominium Concept plan: Condominium developments at aeve—lapment 3663 Park Center Blvd. and 5200 W. 39th St. " Darrell Farr Development Corp. -281- City Council meeting minutes November 1, 1982 � It was moved by Councilman Hanks, seconded by Councilman Meland, to approve � the concept plan. The motion passed 7-0. 9d. Legion Post: Special permit Request of Frank Lundberg Post for a special Resolution P�o. 7267 permit ' Councilman Hanks asked how the neighbor behind the Post's small house would be protected from car lights. Tom Shottenbauer of the Legion Post said the fence would be angled higher as it ran back towards the neighbor's home which should effectively block all car headlights . In answer to a question from Mayor I�IcQuaid, he said that liquor would not be permitted on that premises. Councilman Hanks and Mayor McQuaid comnented that the neighborhood is cautiously optimistic that the long-term problems in this area might indeed " be solved. Councilman Hanks congratulated Mr. Shottenbauer on his perseverance in bringing this matter to an amicable conclusion. It was moved by Councilman �lartin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 7267 entitled, "A resolution granting permit under Section 14.141(4) of the St. Louis Park Ordinance Code relating to zoning permit a private clubJlodge with accessory office space for property located in the R-4 Multiple Family Residence Dis'trict located at 4015-4019 Yosemite Ave. So." The motion passed 7-0. 9e. Met Council Transportation Plan City of St. Louis Park statement on Metro- politan Council's Transportation Development Guide/Policy Plan for 2000 It was moved by Councilman Pleland, seconded by Councilman Backes, to approve the plan and authorize notification of the Council's action to the Met Council indicating the concern as expressed in staff's report relating to the transit corridor and emphasis on sub-regional boundary lines. The motion passed 7-0. 9f. Jose's Restaurant: Re uest or mo iftcations; eso ut�on Nos. 7 68, 7269 Request for special permit for modification to Jose's Restaurant Councilman Martin said he had asked to prepare two resolutions relating to this item, one covering the request for modifications to Jose's Restaurant and the other amending the Shelard Park special permit. -288- � • . •i.:%� /f t.Ti':%.��':��i+'iiI!rwiwi:��"n'l:Ji�tt�,'iti.� ♦^�. , IM City Council meeting minutes November 1, 1982 It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt the two resolutions. Councilman Hanks asked if a picture was available to see the modification. He wondered if the modification would afFect the traffic patterns and Highway 12 off-ramp. The Director of Planning said that�the expected access to the frontage road by office tenants and others was of concern. Councilman Backes pointed out that the access alignment provided entry to the ramp, not exit, and that any access to the frontage road would thus be avoided via this alignment. Councilman Martin amended his motion to amend resolution to so state access onto the ramp is one-way only. The follo�ving resolutions were adopted by a vote of 6-0-1 (Councilman Backes abstaining on both votes: Resolution No. 7268 entitled, "A resolution amendin� Resolution No. 7002 adopted PJovember 2, 1981 amending Resolution No. 6983 amendinc Resolution No. 6808 which amended Resolution No. 6767 which rescinded Resolution No. 6633 and all previous special permit resolutions for Shelard Park and qrantinc permit under Section 14-195(1) and 14-195(3) of the Zoning Ordinance to permit a� commercial and a residential development for property located in the 602, General Business District, and ROB, Residential Business District, in Shelard Park" and Resolution No. 7269 entitled, "A resolution amending Resolution 6698 adopted on November 3,�1980 amending Resolution No. 6411 granting permit under Section 14-15E of the St. Louis Park Ordinance Code relating to zoning to permit expansion of a Class I Restaurant for property located in the B-2, General Business District, at 9920 4Jayzata Blvd." 99. Walser Ford: Re uest for amen ment to s ecia ermit; eso ution No. 7270 Request for amendment to special permit at 4Jalser Ford, 3555 Highway 100 Paul Walser said they had three pylon signs, one of which,if in alignment, would overhan� their setback. They were requesting that the three signs be permitted to be arranged in alignment even though one overhangs the setback. The Director of Planning said this could be revised on the resolution. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 7630 entitled, "A resolution amending Resolution No. 7173 adopted July 6, 1982 amending Resolution No. 6995 adopted October 19, 1981, amending Resolution No. 6714 adopted December 1, 1980 amending Resolution No. 6047 granting permit under Section 14-124.101 of the Ordinance Code to permit new and used automobile and nonheavy duty truck sales in a planned unit development district at 3551-3555 Nighway 100 So." amending item 17(1) per applicant's request." The motion, as amending the resolution, passed 5-Z (Councilmen Nanks and Strohl oppose�i). -289- �� City Council meeting minutes November 1, 1982 9h. HRA minutes 9i. Planning Commission tour � The minutes of the Housing and Redevelop- ment Authority meeting held October 12 1982 were ordered filed by consent. The minutes of the Planning Commission tour held October 16, 1982 were ordered filed by consent. 9j. HRC minutes The minutes of the Human Rights Comnission - meeting held September 15, 1982 were ordered filed by consent. 9k. Planninq Comnission minutes 91. Charter Commission minuies 9m: CRC minutes 9n. City Council/HRA meeting 90. Parks & Rec minutes The minutes of the Planning Commission meeting held October Z0, 1982 were ordered filed by consent. The minutes of the Charter Commission meeting held October 19, 1982 were ordered filed by consent. The minutes of the Community Relations Co�nission meeting held October 14, 1982 were ordered filed by consent. The minutes of a�joint meeting between the � City Council and the Housing and Redevelop- ment Authority were ordered filed by consent. The minutes of the Advisory Committee 1982 were ordered UNFINISHED BUSINESS Parks and Recreation meeting held October 13, filed by consent. 10a. Boards and Commissions Mayor McQuaid announCed that the following persons had been appointed to the Cable TV Advisory Commission: Alice McFarlin, Ted Martz, Sharon Larson, Sylvan Kamens, Bruce Browning and Frank Abramson, t•larty Elstrom was previously appointed by Council and Victor Khabai was recently appointed to serve as the Youth Representative. It was moved by Councilman Backes, seconded by Councilman Ralles, that Councilman Hanks be appointed as Council liaison to the Commission. Councilman Hanks said that was agreeable to him as long as an alternate was also appointed. � It was moved by Councilman Strohl, seconded by Councilman Hanks that the liaison position to this Commission be alternated among all Council members• � Councilman Backes withdrew his motion. -290- � � .>. ....7�.;- . City Council meeting minutes November 1, 1982 It was moved by Councilman Hanks, seconded by Councilman Martin to defer an appointment of a liaison to November 15, 1982. The motion passed 5-2 (Councilmen Backes and Strohl opposed). Councilman Meland said that since he was not a subscriber to cable tv, he did not feel he should be considered for the liaison position and that he would not be present at the November 15 meeting. It was moved by Councilman Hanks, seconded by Councilman t�leland, to discuss this item at the November 8, 1982 study session. The motion passed 6-1 (Councilman Martin opposed). lOb. Council Chambers remodeling It was moved by Councilman Martin, seconded by Councilman Backes that the Council chambers be remodeled using scheme B. In answer to a question from Councilman Hanks, the City Manager said he . will present to Council final cost figures for implementation of scheme B. The motion passed 6-1 (Councilman Meland.opposed). lOc. Farr agreement It was moved by Councilman t4artin, seconded � by Councilman Meland to approve and authorize execution of the agreement. Councilman Hanks asked how this plan was going to operate. Dick Lincoln, Farr Development Corp., responded that industrial revenue bond financing is not permitted for office/condominium development such as proposed, but that there is a provision allowinq for individual participation on a col- lective basis, all of whom would not be able to qualify on an individual basis. Councilman Hanks asked if he was correct in that no notes would be issued until a farily substantial sale was involved, to which Mr. Lincoln said that was correct, the figure being close to $1 million, and no more fre- quently than six month intervals. Councilman Hanks asked if the agreement covered individual participants in the project, not the project as a whole, to which ��ir. Lincoln replied that was correct. The motion passed 6-1 lOd. Liquor King license >>a• Boda Construction - Change or er (Councilman Ralles opposed). � A report on the Liquor King license transfer was ordered filed by consent. NEW QUSINESS The City Manager coromented that this was -291- City Council meeting minutes November l, 1982. an extension in the time of completion of the contract, that there was no change in the costs of the project. Councilman Mar.tin asked if it wasn't unusual for a contractor to subcontract parts of a project such as this, to which the City Manager responded that was entirely dependent upon the work force available, the work flow, etc. It was moved by Councilman Backes, seconded by Councilman Martin, to approve the change order. The motion passed 7-0. llb. Intoxicating liquor license It was moved by Councilman Martin, seconded renewals by Councilman Meland, that the annual intoxicating liquor licenses as presented by the City Clerk's office be approved for renewal. The motion passed 6-0-1 (Councilman Ralles.abstained}. � MISCELLANEOUS 12. Claims Daniel G. P,osedahl, 3812 Glenhurst, SLP Jonathon T. Burud, 4039 Salem, SLP The claims were referred to the City Attorney and City Manager's office for proper action by consent. 12b. Comnunications from Mayor 12c. Communications from the City Manager None. The City Manager reminded the Council of the Association of Metropolitan Municipalities general meeting on November 18, 1982, 1:30 at Roseville City Hall. It was moved by Councilman Hanks, seconded by Councilman Martin, that Councilman Backes be designated as the City's representative to the meeting• The motion passed 7-0. The City Manager discussed items for a study session including liquor license set-up, Charter Commission proposed amendments, amusement centers, Cable TV access group. It was moved by Councilman Martin, seconded by Councilman Backes, that a � Council study session be held November 8, 1982 at 7:00 p.m. ' The motion passed 6-1 (Councilman HankS opposed, comnentinq Councilman 1' �Meland would not be in attendance). R�; � The City Manager said he would like to hear-Council's comnents on insurance ; � Qremiums - should they be negotiated or bid. , -292- Ci ty Counci 1 meeti ng mi nutes November 1, 1982 Councilman Strohl alluded to the report Council had received on Louisiana Avenue and said he would like to have an overview on what is�contemplated relating to this project. A lengthy discussion followed on how Council would approach the next phases of this project. For his part, Councilman Hanks said there were areas in staff's report that he was not able to support, specifically the creation of Louisiana Ave. as a throughway through the City. It was moved by Councilman Martin, seconded by Councilman Backes that item 1, page 7 be deleted from the report. Councilman Fleland said he felt uncomfortable wiih aspects of this report being available to anyone at this point. He said that only one individual was not sitting on the City Council who was also sitting on the Council in 1969 when this project was first discussed. He said he felt all options available should be discussed before proceeding. Councilman Backes withdrew his second to the motion. Councilman Meland said that the Council has not endorsed any plan at this point. Councilman Martin withdrew his motion. The City Manager said he felt there apparently was a good deal more thought, discussion and work that must be done relating to this project, and that staff certainly did not want to present anything to the neighborhood residents that didn't have the support of City Council. CLAIMS, APPROPRIATIONS APID CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Plartin, that the list of verified claims prepared by the Director of Finance in the amount of �451,573.30 for vendor claims and $8,317.85 for payroll be approved and that the City Ptanagsr and Treasurer be authorized to issue check in those amounts. The motion passed 7-0. 13b. Contract payments- Final It was moved by Councilman Meland, seconded Resolution Nos. 7271, 7272, 7273 bY Councilman Backes to waive reading and adopt the following resolutions authorizing final contract payments: Resalution No. 7271, Resolution accepting work on watermain and valves with special manhole Project No. 81-68, Contract 1495; Resolution No. 7272, Resolution accepting work on paving, curb and gutter, storm sewers and sanitary sewers Project No. 82-07, Contract 1547; and Resolution No. 7273, Resolution accepting work on concrete alley con= struction, concrete repair and related work, Project Nos. 81-03, 81-04, 81-12, 81-17, 81-52, 81-53, 81-54, 81-57, 81-60, Contract No. 1478 City Council meeting minutes November 1, 1982 14. and to authorize the following contract payments: l. Ideal Interprises, Inc., waterma+n & valves with special manhole. Amount: $6,407.07. 2. Bury & Carlson, paving, curb & gutter, storm sewers, and sanitary sewers, Project 82-�7. Amount: $28,019•93• 3. Boda Construction, concrete alley construction, concrete repair and related work, Project Nos. 81-03, 81-04, 81-12, 81-17, 81-52, 81-53, 81-54, 81-57 and �1-60. Amount: $20,719.29. Contract payments - Partial It was moved by Councilman Hanks, seconded by Councilman Meland, to approve the following partial payment: 4. Layne Minnesota, Well #17, Project�81-71. Amount: $56,843.90. ihe motion passed 5-2 (Councilmen Ralles and Strohl opposed). It was moved by Councilman �4eland, seconded by Councilman Backes, to approve the following partial payments: 5. Margolis Brothers Landscape Contractors, landscaping on Louisiana Ave. Amount: $7,049.95 6. U. S. Masonry & Concrete, alley paving, Project Nos. 82-50, 82-52, 82-55. �Amount: $17,032.30 7. Arcon Construction Co., concrete paving, curb & gutter, Project Nos. 81-64, 82-17, 82-06. Amount $18,409.00. 8. Ridgedale Electric Co., street lighting, Project Nos. 81-64, 82-32. Amount: $36,100.00. 9. Asphalt Paving Materials, paving, curb & gutter, street reconstruction, Project Nos. 80-23, 82-04, 82-05, $2-11, 82-12. Amount: $52,677.91 � The motion passed 7-0. Adjournment It was moved by Councilman Meland, seconded by Councilman Hanks, that the meeting be adjourned at 9:30 p.m. , .�J� �%��.�� Y1 � McQuaid Mayor � � � , , , . � � �� i a� mi , ecor. ing ecre ry � -?94-