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HomeMy WebLinkAbout1982/11/15 - ADMIN - Minutes - City Council - Regular1. Call to Order 2. Presentations MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINPJESOTA November 15, 1982 A re�ular meeting of the City Council was called to order by Mayor Phyllis McQuaid at 1:35 p.m• tlayor McQuaid rea� a proclamation in honor pf Community Education Day. The proclamation ' was accepted by Thomas Duffy. 3. Roll Call The following Council members were oresent - at roll call: Ronald Backes John Ralles Lyle Hanks Richard Strohl Jerrold Martin Phyllis P4cQuaid Also present ���ere the City t•fanager , City Attorney, Director of Planning, Director of Public LJorks and the City Assessor. 4, A�proval of Minutes It was moved by Councilman Ralles, seconded by Councilman Martin, to agprove the minutes �� of the November 1, 1982 City Council meeting. � , The motion passed 6-0. It was moved by Councilman Backes, seconded by Councilman Strohl, to approve the minutes of the special City Council meeting held November 8, 19a2. The motion passed 6-0. It was moved by Councilman Ralles, seconded by Councilman Martin, to approve the minutes of the City Council study session of November 8, 1982• The motion passed 6-0. 5. Approval of Agenda agenda for November 15. The motion passed 6-0. It was moved by Councilman Ralles, seconded by Councilman Martin to approve the consent It was moved by Councilman Backes, seconded by Councilman Martin, to approve the agenda for PJovember 15 with the following addition : item 8d, Request for IRB, sports and health club. The motion passed 6-0. 6a. Variance: Anderson f�esoTu ion�o. 7�75 PURL i C HEAR 1 PJGS Request for variance: Patricia L. Anderson, 6826 W. 23rd St. -296- City Council meeting minutes November 15, 1982 Patricia Anderson, applicant, said that none of her neighbors were opposed to her plans to construct a solarium/bath. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue the hearing at a future date. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No.,7275 entitled, "A resolution granting variance in front yard setback from Section 14-135(5) of the Ordinance Code relating to zoning to permit construction of an addition with a front yard setback of 25 feet instead of the required 33 feet in the R-2, Single Famil.y Residence District, at 6826 �d. 23rd St." The motion passed 5-1 (Councilman Backes opposed). 6b. Variance: Wm. Nittler; Request for a variance: tJilliam Nittler, Resolution No. 7276 4226 Raleigh Ave. So. In answer to a question from Councilman Martin, F1r. Nittler said his neighbor had no objection to his plans to construct a two-story addition to his home. There being no one further 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 bv Councilman Hanks, seconded by Councilman t4artin, to waive reading and adopt Resolution No. 7276 entitled, "A resolution granting variance in side yard setback from Section 14-133(5) of the Ordinance Code relating to zoning to permit a two-story addition with a side yard setback of six feet instead of the required nine feet in the R-2, Single Family District, at 4226 Raleigh Ave. So." The motion passed 6-0. 6c. Variance: Hernandez; Request for a variance: Claudia Hernandez, Resolution 7277 2515 Aquila Ave. So. Claudia Hernandez, applicant, responded to Councilman Hanks' question that her request was to add an addition to an existing single car garage. There being no one further wishing to speak, the tlayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilman Ralles, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 7277 entitled, "A resolution granting variance in rear yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit a gara�e addition having a rear yard setback of four feet instead o.f the required 35 feet in the R-1, Single Family Residence district at 2515 Aquila Ave. So." The motion passed 6-0. 297- City Council meeting minutes November 15, 1982 6d. Variance: Cannon Request for variance: Gerald Cannon, 3500 �Jyomi ng Ave . So . Jerry Cannon, applicant, explained his request for a variance in order to install a fireplace in his home and stated his neighbor had no objection to his plans. Councilman Hanks inquired if the steps were part of the setback and asked for clarification regarding encroachments. � The Director of Planning explained that certain types of encroachment can be within a setback. In the case of a fireplace, he felt it tvould come under stronger scrutiny by the Inspections Department thar� would, for example, steps located within a setback, because of the obvious hazard. Councilman Hanks said it appeared the hedge was located on top of the sidewalk and acknowledged the whole situation was quite unique. There being no one further 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 Ralles, seconded by Councilman Martin to authorize preparation of a resolution of approval. The motion passed 5-1 (Councilman Strohl opposed). 6e. Variance: Bronson; Resolution No. 7278 Request for variance: Bruce Bronson, 3724 France Ave. So. Mr. Bronson was in attendance to answer questions. There being no one further wishing to speak, the �4ayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Hanks, seconded by Councilman Strohl, to waive reading and adopt Resolution No. 7278 entitled, "A resolution c�ranting variance in side yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit a two story addition having a side yard setback of six feet instead of the required nine feet in the R-1, Single Family Residence district, at 3724 France Ave. So." The motion passed 6-0 6f. Assessment �hea�rin� Pro�ect 8 -311 ; eso ut�on No. 7219 Assessment hearing, Project 51-37: Street lightin�, Monterey Dr. to Belt Li�ne Blvd. 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. -298- City Council meeting minutes November 15, 1982 It was moved by Councilman Ralles, seconded by Councilman Backes, to waive reading and adopt Resolution Mo. 7279 entitled, "Resolution adopting assessment improvement No. 81-37." The motion passed 6-0. None. PETITIONS, REQUESTS, COMMUNICATIONS RESOLUTIONS ANC ORDINANCES 8a. Water and sewer rates It was moved by Councilman Backes, seconded by Councilman Hanks, to waive first reading of the ordinance and set second reading for December 6, 1982 and authorize sumnary publication. � 8b. Bell: �equest for IRB Resolution No. 7280 Gary Bell: Request for industrial revenue bonds. In answer to a question from Councilman Hanks, the City �4anager said the�public hearing could be called for December 6, 1982. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7280 entitled, "Resolution establishing the date for a public hearing on a proposal to undertake and finance a project under �4innesota Statutes, Chapter 474." The motion passed 6-0. 8c. Sk ehill Townhomes Reso ution No. 7281 Resolution relating to bond reduction for Skyehill Townhomes It was moved by Councilman Ralles, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7281 entitled, "Resolution reducing per- formance bonds for Skyehill Townhomes." The motion passed 6-0. 8d• IRB• Sports & health club; Request for IRB: Sports and health club Resolution No. 7282 (Peaceful Family Partnership) David Salene, representing the applicant, said that the St. Louis Park Sports and Nealth Club has decided to expand across the street at Quentin and Excelsior Blvd. and that the St. Louis Park Medical Center had indicated an interest in buying th� existin� facility. Ne said his applicant had a limited time in which to proceed due to recent legislation. Councilman Hanks inquired if anything could be done about this without going through the Housing and Redevelopment Authority. The City Manager felt the HRA would certainly want to examine any proposal -299- City Council meeting minutes November 15, 1982 relating to this propert�y very carefully. In�answer to Councilman Hanks' question if the applicant could wait for its public hearing until December 20, Mr. Salened�eWeoedcdi�hcaltandtthat constraints because of nearin� the end of the y applicant would be prepared to answer all questions on December 6. Councilman Hanks expressed his concern for having HRA review of the proposal and questioned whether the project even qualified for industrial revenue bond financing. The City Manager said that after December 31, 1982 this type of project will no longer qualify for this type of financing. He said if the project is authorized on December 6, it can be considered a go project. He felt the real issue is does it meet the criteria for bond financing. Councilman Martin said he thought proposals in this district had to be reviewed by the HRA. Dan Nelson, Holmes & Graven, bond counsel for applicant, said that process would require additional time in addition to the 15 days required for Notice of Publication which would probably use up all the available time prior to the end of the year. He said the applicant would prefer to have a go-ahead to proceed on the project. i Councilman Hanks asked if the tronds had to be sold by December 31, to which Mr. Nelson said they only had to be issued by that date, not sold. Councilman Backes asked if any plans for the project had been submitted to the Planning Department and the Planning Director replied they had not seen any plans. Councilman Backes said he didn't see how Council could get any input from staff prior to the December 20 meeting. Councilman Hanks commented that this area v�as too valuable for the City to be too quickly pushed into anything and said he'd never seen a proposal put together in that short a time. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7282 calling for a public hearing, entitled, "Resolution establishing the date for a public hearing on a proposal to undertake and finance a oroject under Minnesota Statutes, Chapter 474." The motion passed 5-1 (Councilman Strohl opposed). REPORTS OF OFFICERS, BOAROS, COMMISSIONS 9a. Traffic Study No• 296; Traffic Study No. 296: W. 38th St. Resol t on No. 7283__ and Natchez Councilman Hanks said there would be sufficient parking if the one-hour -300- City Council meeting minutes November 15, 1982 restriction were removed. He comnented that the road was quite narrow. He suggested eliminating the one-hour restriction on the south side of 38th St., but leaving the east side of Natchez restricted. It was moved by Councilman Hanks, seconded by Councilman Backes, to waive reading and adopt Resolution 7283 entitled, "Resolution authorizing removal of one-hour parking controls on 41. 38th St. and Natchez Ave." amended as suggested by Councilman Hanks. The motion passed 6-0. 9b. Virginia Ave. parkinq It was moved by Councilman Ralles, seconded variance; by Councilman Hanks to direct staff to Reso ution No. 7284 submit the variance to the Department of Transportation and to waive reading and adopt Resolution No. 7284 entitled, "Resolution requesting variance from State of Minnesota regulations to allow parking on Virginia Ave. So. from CSAH 16 to the Burlington Northern railroad tracks." The motion passed 6-0. 9c. Water interconnect In answer to Councilman Hanks' question, with Minneapolis the Director of Public Works sai� the well drilling was proceedinq well and that the major casing was in place. Councilman Hanks wondered if the feasibility study could be avoided thereby saving the predicted expenditure of $5,000-$7,000. If the study were to be undertaken, he asked if any share of the cost would be forthcoming from outside the City. The Director said staff had requested help from the MPCA, that there was a chance 100% could come through Superfund, but that there were many "ifs" involved. Councilman Backes felt the City needed a contingency plan and that it would be irresponsible for Council not to go ahead with the feasibility study. Mayor McQuaid felt that that was more of an alternative rather than a solution. Councilman Ralles wondered how the City could justify the increased cost of ►rater from �4inneapolis, �Nhich is softened, to those residents on the eastern edqe of the City who would be using it. The Hayor felt that perhaps some type of subsidy would have to be explored if it came to that point. It was moved by Councilman Qackes, seconded by Councilman Hanks, to engage Flinneapolis in a water interconnection study at a cost not to exceed �7,000. The motion passed 6-0. -301- City Council meeting minutes November 15, 1982 9d. Traffic Study No. 297: Sunset R�d e; Reso ut�on No. 7285 � �� Councilman Hanks wondered if there was a � homeowners association and if they were aware of the proposed restriction. The Director of Public Works said that.the Farr Development Corp. was aware of the intended restriction and that it was for fire protection. It was moved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 7285 entitled, "Resolution authorizing in- stallation of no-parking controls on Ridge Drive." The motion passed 6-0. Sanitar sewer stud It was moved by Councilman Hanks, seconded in 983 by Councilman Strohl, to add the 1983 S.S.E.S. work and sanitary se��er district analysis to the existing contract with Professional Service Group and Orr-Schelen- �Mayeron & Assoc. and to extend the contract completion date to August 30, 1983, The motion passed 6-0. 9f. LRT Steering Comnittee Councilman Hanks asked how the Chairman of the l4et Council came up with two representa to serve on this corrmittee from three communities. The City Manager said apparently representation was based on population and that he was not uncomfortable with that approach. Councilman HankS felt representatives from St. Louis Park must be included in major decisions such as that relating to the 394 project. It was moved by Councilman Bac{aes ,seconded by Councilman Strchl , that the Mayor and other designated representatives of City Council meet with rep- resentatives of Hopkins and Minnetonka to select representatives to the steerin4 comnittee. . ?he motion passed 6-0. It was moved by Councilman Hanks, secon�ed by Councilman Backes, that the City Manager represent the City on the project managment team. The motion passed 6-0. 9g. Outside sale of merchan �se It was moved by Councilman Hanks, seconded by Councilman Strohl, that the present code prohibition of temporary outdoor sales not associated with a business with a structure remain in effect. The motion passed 6-0. -302- City Council meeting minutes November 15, 1982 9h. CRC mi nutes 9i. Financial report 9j. BOZA minutes 10a. Boards & Comnissions lOb. Classic Motor Company The minutes of the Community Relations Corrrnission meeting of November 4, 1982 be ordered filed by consent. The October financial report was ordered filed by consent. The minutes of the Board of Zoning Appeals meeting held October 28, 1982 were ordered filed by consent. UNFINISHED BUSINESS No report Review of liquor license violation: Classic Motor Company It was moved by Councilman Martin, seconded by Councilman Ralles, that no penalty be imposed. Councilman Martin felt that the matter had been appropriately handled by the court and that no further action was required at this time. There followed a discussion of whether or not the proprietor of the estab- lishment had spoken on his behalf before Council, and Councilman Martin said he recalled very clearly that that had occurred. After a brief discuss9on Councilman Martin withdrew his motion. It was moved by Councilman Hanks, seconded by Councilman Backes, that the matter be continued to December 6, 1982. The motion passed 6-0. lOc. Liquor set-up ordinance It was moved by Councilman Hanks, seconded by Councilman Martin, to waive first readinq and set second reading for December 6 and authorize sumnary publication. The motion passed 5-1 (Councilman Strohl opposed). NEW BUSIPIESS >>a• Sale of 3742 Dakota Bids on sale of 3742 Dakota Avenue It was moved by Councilman Martin, seconded by Councilman Ralles, to accept the bid of �41,5�0 for the sale of the property at 3742 Dakota Ave. So. and authorize the Mayor and City Manager to execute all required documents relating to the sale. The motion passed 6-0. -303- llb. Contract for towing The City hlanager said the City had received notification of the discontinuance of its arrangements with the current towinn company. He said bids were taken late because it was felt another firm could provide the necessary services, but that no one company had all the services required such as storage, within City limits, etc. He said the low bid was received from Quality Auto Body who was currently purchasing trucks and neqotiating for the lease of land from Golden Auto. He said the firm had promised all necessary paperwork to be completed for the December 6, 1982 meeting and that they were ready to cor�nence their operations on November 16, 1982. Councilman Hanks asked if all the necessary liability and insurance details were under control, to which the City Manager said they would be by November 16. It was moved by Councilman Hanks, seconded by Councilman Martin to authorize approval of temporary towing operations by Quality Auto Qody and that other elements of the contract continue to be negotiated. The motion passed 6-0. 12a. Claims 12b. Communications from the Mayor 12c. Comnunications from t e City Manager MISCELLANEOUS None. Mayor McQuaid said she would be tenderin� her formal resignation at the December 6, 1982 meeting. The City t4anager said a subgrouo of the Louisiana Avenue street improvement com- mittee would be meetinq on P�ovember 23. Mayor McQuaid said she would like to publicly corrpnend all involved and those attending the November 9, 1982 Louisiana Ave. meeting. CLAIt4S, APPROPRIATIONS AND CONTRACT PAYMEPITS 13a. Verified Claims It was moved by Councilman Ralles, seconded by Councilman Martin, that ihe list of verified claims prepared by the Director of Finance in the amount of $852,860.51 for vendor claims and 59,698.22 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appro- priate amounts. The motion passed 6-0. 13b. Contract payments 14. Adjournment None It was moved by Councilman Hanks, seconded by Councilman Martin the meeting be adjourne� � at �:55 p.m. The motion passed 6-0. �' � � � �, e , � i� t � dy01^ � :� ' K.-�'t' � � � P mith, Recordin9 Secretary .� �