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HomeMy WebLinkAbout1982/05/17 - ADMIN - Minutes - City Council - Regular1. Call to Order MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 17, 1982 A regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Phyllis �4cQuaid. 2. Presentations Mayor McQuaid read a proclamation in honor of Poppy Day which was accepted by the chairman of the VFIJ Poppy Day committee. tlarie Hartmann read a letter from the Mayor of Winnepeg which introduced a chorale which recently performed at Wooddale Lutheran Church. She presented the �layor with comnemorative pins from the City of Winnepeg. 3.. Roll Call The following Council members were present at roll call: Ronald Backes Keith Meland Lyle Hanks John Ralles Jerrold Martin Richard Strohl Phyllis McQuaid Also present were the City Manager, City Attorney, Director of Public Works and Director of Planning. 4. Approval of Minutes It was moved by Councilman.Meland, sec- onded by Councilman Martin, to approve the minutes of the joint Policy Advisory Comnittee/City Council meeting held May 3, 1982 as presented. The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Strohl, to approve the minutes of the regular City Council meeting held May 3, 1982 as presented. . The motion passed 7-0. 5• Approval of the A enda as presented. The motion passed 7-0. It was moved by Councilman Ralles, sec- onded by Councilman Meland, to approve the consent agenda for F�ay 17, 1gg2 It was moved by Councilman Hanks, seconded by Councilman Martin, to approve the agenda for May 17, 1982 with the following additions: Item 7b, Davis/Racette letter re Knollwood as re�uested by Councilman Meland; and Item lle, Section 4�05 of City Charter, as requested by Councilman Strohl. The motion passed 7-0. -133- � City Council meeting minutes May 17, 1982 6a. Tem orar beer license: st No v Trinity C urch published May 12, 1982. PUBLIC HEARINGS Application for temporary on-sale 3.2 beer license: Most Holy Trinity Catholic Church as described in Noiice of Hearing There being no one wishing to speak, the t4ayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman �lartin, to approve the temporary license. The motion passed 7-0. 6b. IR bonds: Perbix t4achine Co.; Reso ution No. 7 39 Request for industrial revenue bonds: Perbix Machine Company (continued from May 3, 1982) Mr. Tom Perbix said he was present to answer any questions. There being �no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue i�t at a later date. It was moved by Councilman Backes, seconded by Councilman Strohl, to deny the request. The motion failed 2-5 (Councilmen Hanks, Martin, Meland, Ralles and Mayor McQuaid opposed). It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 7139 entitled, "Resolution giving preliminary approval to a proposed industrial development project by Thomas Perbix and Associates and Perbix Machine Company under the f4unicipal Industrial Development Act and authorizing submission of an application to the Department of Energy, Planning and Development for approval thereof," The motion passed 5-2 (Councilman Backes, Strohl opposed). 6c. Ordinance Code amendment; B�TTboar�� —" � Proposed amendment to Ordinance Code relating to bil�boards as described in Notice of flearinc� published May 5. 19A2 Tli�r� br i nc� nu �ne w i sh i n� to spPa k. the �•1a.yor decl a red the hear i ng closed with the ri�ht of Council to thc�reafter reopen and continue it at a futurr_ date. It was moved by Councilman Meland, seconded by Councilman Martin, to waive first reading� set second reading for June 7 and approve sumnary -134- - � . ...,�.�.�-r-..�,-- Cit� Council meeting minutes May 17, 1982 publication. The motion passed 7-0. 6d. Vacate public utilitv: Frantz Klodt Petition for vacation of public utility in Lou Park Addition: Frantz Klodt & Son- There being no one wishing to speak, the Mayor declared the public hear�ng 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 Martin, to waive first reading, set second reading for June 7, 1982 and approve summary publication. The motion passed 7-0. 6e. Edwin Hollen: Request for Request for a variance at 8112 Yirginia a variance Circle North: Edwin B. Hollen Don Cooper, 8118 Virginia Circle North, next door neighbor of the appli- cant,said he was concerned that granting this variance to add on to the garage would jeopardize any future sale of his own home because of the reduced footage between the two homes. He said he felt it was simply too close and the view from his bedroom window would be blocked. Edwin Hollen, applicant, said three houses next to him have a11 had their garages moved closer to the setback. He said some of those homes are separated by as little as nine feet. In response to a question from Councilman Hanks, the Director of Planning said that side yard setbacks in this area are greater than minimum required. Mr. Cooper said that initially Mr. Hollen's plans had not concerned him, but v�hen he realized how much closer to his home the addition would come, he decided it was unacceptable. Councilman �lartin said that previous variances granted in this area were done so because there was agreement between neighbors, but that in this instance, with Mr. Cooper's objections, he could not support the variance. Mrs. Cooper ex�ressed her concerns about the bedroom window being blocked, and the closeness of the addition to their home, stating they had lived there some e�ghteen years. ' Thc�re heinc� n� �ne fiirther wishine7 to s��eik� th� M.iy�r d�cl�irc��i the ��ul, l i c: hca r i n�� c 10 �c�l w i Lh Lh�r r• i nh t c► f(:ni�ric i 1 t,� f,h�r�a f tcr reu����ri an�l continue it at a Future date. It was moved by Councilman Backes, seconded by Councilman Ralles, to -135- � City Council meeting minutes May 17, 1982 deny the request. The motion passed 6-1 (Councilman Hanks opposed). 6f. Request for a variance; Kenneth Isham-Schopf; Reso ution No. 7140 Request for a variance at 9416 Frederick Avenue: Kenneth Isham-Schopf as described in Notice of Hearing published May 5, 1982. Jeff McHenry, 9408 Frederick, spoke in opposition to the variance. He said he had moved to this neighborhood because they liked the zoning laws, the character of the neighborhood and its environment. He felt granting a variance to build on this small lot was changing the rules in mid-siream as other variances had been denied. Fle said someone on the City's staff had said a variance would not be granted on this property. He had been interested in purchasing the property until he learned that no variance would be granted. Qarbara Isham-Schopf, applicant, said the Board of Zoning Appeals granted them a variance and that their building plans were all within the proper variance and setback requirements. Councilman Martin said whoever bought the lot had a right to build upon it as long as City rules were adhered to. He said the County sold the lot as buildable and he wondered how this confusion existed. Councilman Ralles said that certainly the real estate company who sold the property would know whether or not it was buildable. Mr. Isham-Schopf said the previous owner of the property thought that if he were able to get a variance, he would not have sold the property. Councilman Ralles said he had seen the plan and it was his feeling the attractive design would profit the whole neighborhood. Councilman Hanks asked if all other requirements of the variance were being met outside of the 40 foot lot width, to which the reply was yes. It vras moved by Councilman Ralles, seconded by Councilman Strohl, to waive reading and adopt Resolution No. 7140 entitled, "A resolution granting variance in�lot width and area from Section 14-128(5) of the Ordinance Code relating to zoning to permit a lot with an area of 5,000 square feet and a width of 40 feet in the single family residence district at 9416 Frederick Avenue." The motion passed 7-0. -136- � City Council meeting minutes May 11, 1982 ' 6g. �lestling: Request Request for a variance at 3900 Louisiana for variance Circle: Donald 4lestling 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 later date. It was moved by Councilman Ralles, seconded by Councilman Backes, to deny the variance. The motion passed 7-0. 1a. NSP PETITIONS, REQUESTS, COMMUNICATIOWS Northern States Power Co.: Request to utilize an existing access to its property It was moved by.Councilman Martin, seconded by Councilman Hanks, to refer the matter to the Planning Commission for consideration of a modification to the Oiversified Development District plan. The motion passed 7-0. 7b. Knoll�vood Mall Letter from Davis/Racette regarding Knollwood Mall It was maved by Councilman Meland, seconded by Councilman Hanks, to refer the letter from the Davis/Racette law firm to the Planning Department for a response. Councilman Hanks asked how long this might take. The Director of Planning said he thought copies of the letter had been sent to members of the Planning Comnission and he felt it would take at least another meeting of the Commission beyond the scheduled May 19 meeting for the material to be studied and discussed. The motion passed 7-0. RESOLUTIONS AND OROINANCES $a• Ordinance in re gambling Second reading of ordinance relating to gambling mana er bond• manager fidelity bond waiver _r inance No. 1556 It was iu�ved by Co�mciluian Ilanks, seconded by Cow�cilnian Meland. tu waive second reading and adopt Ordinance No. 1556 entitled, "lln ordinance aniending the St. Louis Park Municipal Code, Section 13-1606(1)(c): Waive gambling manager fidelity bond in certain circumstances." The motion passed 7-0. -137- City Council meeting minutes May 17, 1982 Sb. Louisiana Avenue; Second reading of ordinance relating to sale Ordinance No. 1557 of land on Louisiana Avenue It was moved by Councilman Martin, seconded by Councilman Backes, to waive second reading and adopt Ordinance No. 1557 entitled, "An ordinance authorizing sale by the City of 3036, 3044, 3054, 3100, 3152 and 3156 Lou- isiana Avenue South." The motion passed 7-0. 8c. Cedar lake Road traffic Resolutions relating to Cedar Lake Road control: Resolution Nos. traffic control 7141. 7142, 7143 It was moved by Councilman Ralles, seconded by Councilman Meland, to waive readina and adopt the following resolutions: Resolution No. 7141 entitled, "Resolution requesting Hannepin County to consider a turnback of County State Aid Highway No. 16 (Cedar Lake Road) to the City of St. Louis Park"; Resolution No. 7142 entitled, "Resolution ordering marking of a pedestrian crosswalk and requesting Hennepin County to install pedestrian crossing caution signs on County State Aid Highway No. 16 (Ce�ar Lake Road) in the City of St. Louis Park"; and Resolution No. 7143 entitled, "Resolution requesting Hennepin County to modify the speed limit on County State Aid Highway No. 16 (Cedar Lake Road) in the City of St. Louis Park". The motion passed 7-0. 8d. Noise meter agreement; Qy Resolution No. 7144 to of No. 7144 entitled, "Resolution the League of t4innesota Cities �' ��I' consent, the following resolution relating a noise meter agreement with the League Minnesota Cities was adopted: Resolution authorizing execution of an agreement with for use of noise sound level meter for 1982•�� REPORTS OF OFFICERS, BOARDS, AND COMMITTEES 9a. Hi,�hway 12/I-394 Position statement: Highway 12/I-394 It was moved by Councilman Backes, seconded by Councilman Meland, to adopt the position statement on Highway 12/I-394. Mayor McQuaid asked if it was all right with the maker of the motion to include that the statement be sent to all parties with whom the City might want to communicate on this matter. Councilman Qackes said that was agreeable to him. The motion passed 7-0. 9b. Cable TV franchise fees Councilman Hanks said he was in support of ^ contributing �11,500 in 1982 and �11,500 in -138- City Council meeting minutes May 17, 1982 1983 to the School District. Councilman Ralles said the request was for $23,000 each year. Councilman Hanks asked how this would be budgeted to which Councilman Meland responded that once yearly the budget is revised and it could be incorporated at that time. The City Manager said the first $23,000 would be incorporated in the 1982 revised budget and the second $23,000 payment would occur in the period January td June 1983. Councilman Hanks said he thought the request was to cover one year. Dr. Michael Nickey, Superintendent of the School District, said it actually was one and one-half years as the City and School District are on different fiscal years. It was moved by Councilman Hanks, seconded by Councilman Martin that $11,500 from the revised 1982 budget and $23,000 from the 1983 budget be allocated to the School District, said monies to come from cable television franchise funds paid to the City. Councilman Backes said he could not support this motion since the City does not know what the franchise fees for that period will be. The motion passed 5-2 (Councilmen Backes and Ralles opposed). 9c. Traffic study No. 284 Traffi� study No. 284: W. 39th St. at Quentin Resolution No. 714� � Ave. It was moved by Councilman �4artin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 7145 entitled, "Resolution auth- orizing installation of no-parking controls on West 39th Street." The motion passed 7-0. 9d• BOZA minutes By consent, the minutes of the Board of Zoning Appeals meeting held April 22, 1982 were ordered filed. 9e• Planning Comnission minutes 9f• Financial report 10a. Boards & Commissions By consent, the minutes of the Planning Com- mission meeting held May 5, 1982 were ordered filed. By consent, the April 1982 monthly financial report was ordered filed. UNFINISHEO BUSINESS It was moved by Councilman Martin, seconded by Councilman Meland to defer an appointment -139- / City Council meeting minutes May 17 , 1982 to the Comnunity Relations Comnission to June 7, 1982• The motion passed 7-0. Interviews for youth representatives will be held on Monday, June 7. lOb. Almor agreement It was moved by Councilman Meland, seconded by Councilman Ralles, to author•�ze the Mayor and City Manager to execute an agreement with the Almor Company. The motion passed 7-0. lOc. McDonald's It was moved by Councilman Meland, seconded by J � Councilman Strohl to refer the letter from McDonald's requesting an amended application for a special permit to the.P�anning Commission for study and comment. The motion passed 7-0. lla. S irit Li uors NEW BUSIPJESS Spirit Liquors Outlet, Inc.: Change of name It was moved by Councilman Meland, seconded by Councilman Martin, to approve the name change as requested by Spirit Liquors Outlet, Inc. The motion passed 6-0-] (Councilman Ralles abstained) llb. Bid tab: Street materia s Bid tabulation: 1982 street materials. It was moved by Councilman Meland, seconded by Councilman Martin, to designate Richards Asphalt Refining Company, Sa-Ag Inc. and J. L. Shiely Company as lowest responsible bidders for street materials and authorize execution of contracts with those firms by the appropriate City officials• The motion passed 7-0. llc. Telephone cabinet Northwestern Bell: Request to locate a telephone cabinet. It was moved by Councilman Meland, seconded by Councilman Ralles, to • waive first reading and set second reading for June 7, 1982 and authorize sunmary publication. , , The motion passed 7-0. '� j lld. Fences on ri�cht-of-way Request to place fence in public right-of-way���' 3056 Hampshire and 3101 Georgia Councilman Hanks wondered how Council got into the business of puttin9 fences on right-of-way. -140- City Council meeting minutes May 11, 1982 The City f�anager suggested Council might take this opportunity to set a precedent covering this type of request. � Councilman Hanks asked how wide the setback would be. The City Manager said perhaps it would be best to provide a sketch of the requests. It was moved by Councilman Hanks, seconded by Councilman Strohl to defer the matter to June 7, 1982. Councilman Backes said he would like to see a more thorough analysis of the requests: how many such requests have previously been granted; how many denied; how is the property being used. The motion to defer passed 7-0. lle. Charter amendment It was moved by Councilman Strohl, seconded by Councilman Meland, to refer Section 4.05 of the Charter to the Charter Cor►mission for review. Councilman f4eland said this section dealt with persons circulating or signing petitions being allowed to serve as election judges. The motion passed 7-0. MISCELLANEOUS 12a. Claims Robin Morris By consent, it was moved to file the claim with the City Clerk for proper action by the City Manager and City Attorney. 12b. Communications from the Mayor Mayor McQuaid asked who might attend the Association of t�etropolitan Municipalities dinner on May 26 as she was previously • engaged. It was moved by Councilman Nanks, seconded by Councilman Meland, that ' Councilrnan Qackes serve as the official delegate from St. Louis Park and that the City pay for his ticket. � The moti4n passed 7-0. Mayor McQuaid inquired about the City's civil defense plan. The City Manager said the emergency pre�aredness plan was uE� to date. and that on M.�y 27 staff will be involved in an emergency preparedness prograiu sponsored by Ilennepin County. City Council meeting minutes May 17, 1982 12c. Comnunications from the City Manager The City Manager discussed items for inclusion: on the May 24 study session. It was decided the first hour, 7 to 8 p.m., would be devoted to the nuclear weapons freeze. It was moved by Councilman Hanks, seconded by Councilman Meland, that no action on that matter be taken at the May 24 meeting. The motion passed 7-0. The City Manager referred to the letter from ��r. Berenberg of Lincoln Dels, Inc. He suggested Council might want to request a plannin� study. Councilman Hanks wondered �what planning could be done. It was moved by Councilman Ralles, seconded by Councilman Martin, to schedule this matter for the June 7 agenda. The motion passed 5-2 (Councilman Hanks and Meland opposed). The City Manager said there had been an offer to buy some of the property located in the area of Gordon Sash & Door by Nautilus Centers. He asked that Council authorize continued negotiations over the sale of the land. It was moved by Councilman �4eland, seconded by Councilman Ralles, that negotiations over the sale of the land be pursued. The motion passed 7-0. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims It was moved by Councilman Hanks, seconded by Councilman Ralles, that the verified claims as prepared by the Director of Finance and directed to the City Council dated May 17, 1982 in the total amount of �845,754.OII for vendor claims and $11,008.48 for payroll be approved and the City Manager and City Treasurer be authorized to issue checks in the same amount by a vote of 7-0. The Council met in executive session to discuss matters of pending litigation 14. Adjournment Upon its return to Chambers, it was moved by Councilman Hanks, seconded by Councilman Meland, that the meeting be adjourned at 9:00 p.m. by a 7-0 vote. �� , 1 �� �7 , '• c '.��:�_� /% GY,c.t�.� Mayor -- � `r ��ti� a �t , ecor ng ecre ary -142-