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HomeMy WebLinkAbout1982/08/16 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 16, 1982 1. Call to Order , The meeting was called to order at 7:35 p.m. by Mayor Phyllis McQuaid. 2. Presentations Mayor McQuaid read a letter from the American Public Works Association commend- i.ng Warren "Bud" Bushway for his service and notifying him of his selection as a recipient of the Samuel A.Greeley Local Government Service Award. 3. � Roll Cal l The following Councilmembers 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• �proval of t4inutes It was moved by Councilman Ralles, seconded by Councilman Backes, to approve the min- utes of the Augt�st 2, 1982 meeting with the fol]owing changes: page 209, fourth paragraph, that the original public hearing concerned only the Mayor's term; page 206, insert the word Martin after Councilman; page 210, motion was to read "...and that at-large Council members term be changed from four to two years." The minutes were approved as amended by a vote of 7-0. 5• Approval of Aqenda It was mo�ed by Councilman Ralles, sec- onded by Councilman Martin, to approve the consent agenda for August 16, 1982. The motion passed 7-0. � It was moved by Councilman Nanks, seconded by Councilman Strohl, to approve the agenda for August 16, 1982 with the following addition: Item lld, Hennepin County Park Reserve District. The motion passed 7-0. PUBLIC HEARINGS 6a. Wordinq for ballot question 6lording for ballot question amending � Section 2.03 of the City Charter Mike.Schwartz, of the Charter Cormiission, said that the only issue under consideration was the wording for the ballot. He suggested that in the first paragraph of the report before Council in the third line from the -215- City Council meeti�ng minutes August 16, 1982 end, the phrase "...further to..." be changed to read "...thus changing the first paragraph of Section 2.03 of the City Charter as follows:" � He�b Davis asked if�the proposal was to change the structure of the Council. 7he Mayor said in essence it was and CouncilWouldabe�oneXofabalancing and sMould the change be adopted, th� first year thereafter Councilmembers woul� be elected for four-year terms. Mr. Dav�s said it was his impression the original Charter had such balancing features built into it which remain today. He felt an election without at- large representation of the City would not be a significant voice in expressing the feeling of the citizenry. He said he could understand a Mayor wanting to serve more than two years, but felt the Charter as it is today was most effective. He continued stating the City always looked for public participation from its citizens �but that a four-year mayoral term would diminish people's enthusiasm for participating. Mr. Schwartz said the entire process will not be diminished by this proposed change. He said that several Councilmembers and the Mayor recently ran unopposed which he felt didn't i�llustrate a lot of interest. He said the Comnission felt the Mayor's term should be equal to the terms of Council members. Mayor McQuaid felt the subject could be discussed at a League of Women Voters forum and Mr. Davis felt the issue was important enough that some form of debate should be undertaken. There being no one further wishing to speak, the Mayor declared the public hearing closed with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilman Hanks, seconded by Councilman Ralles, to accept the language as proposed and authorize placement on the ballot. Councilman Backes said he felt it should be�made clear that Council was discussing proposed language for the ballot, not making a change. Mayor McQuaid read the proposed language. The motion pass�d 4-3 (Councilmen Martin, Meland, Strohl opposed). Councilman Hanks wondered if the Council or the Commission should get in- volved in any debate over this.issue. He felt it was wrong for the Council to take a position. Councilman Backes said the Commission should take a look at the law with regard to the expenditure of funds should they wish to promote the item prior to referendum. -216- City Council meeting minutes August 16, 1982 6b. Variance re uest; Resolution No. 7195 Application of Thomas 0'Brien for a variance at 1304 Flag Ave. So. There being no one wishing to speak, the Mayor declared the public 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 Ralles, to waive reading and adopt Resolution No. 7195 entitled, "A resolution granting variance in front yard setback from Section 14-128(5) of the ordinance code relating to zoning to permit construction of a garage addition with a front yard setback of 20 feet instead of the required 30.3 feet in the R—1, Single Family Residence District at 1304 Flag Ave. So." The motion passed 7-0. 6c. Holy Family: Temporary liquor license Application of Holy Family Parish for a temporary on-sale liquor license to sell 3.2 beer at 5925 W. Lake St. There beina 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 Meland, seconded by Councilman Backes, to approve the application for a temporary on-sale liquor license to sell 3.2 beer. � The motion passed 7-0. PETITIONS, REQUESTS, COPIMUNICATIONS None. RESOLUTIONS & ORDINANCES 8a• Bond release; Bond rele�se, Westwood Estates 4th addition Resolution No. 7196 It was moved by Councilman Ralles, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 7196 entitled, "Resolution accepting com- pletion of work and authorizing release of bond for Westwood Estates 4th addition." The motion passed 7-0. 8b. Bond reduction; Resolution No. 7197 Qond reduction, Skye Hill addition It was nroved by Councilman Martin, seconded by Councilman Ralles, to waive reading and adopt Resolution No. 7197 entitled, "Resolution reducing performance bonds for Skyehill Townhomes." The motion passed 7-0. -211- City Council meeting minutes August 16, 1982 c. Knollwood Mall � Second reading of ordinance amending PUD - Knollwood Mall Following a brief discussion relative.taeahb mCouncilmaneRalles,ttoC�emove� it was moved by Councilman Hanks, secon Y from consideration the map designating where facilities are to be located within the mall. Councilman Hanks felt Council should not be involved in that aspect of the mall's operation. Herb Davis, representing General Growth, said he received a copy of the revised ordinance in the mail and said he noted an amusement center was not part of the list of permitted uses within the mall even though one is presently operating in the mall. He said he felt the owners of the mall were better able to designate location of permitted uses. He said the owners also were better able to limit the square footage of restaurants. He said General Growth was prepared.to accept a maximum 36,000 square footage per restaurant, but that they wanted to select each restaurant and present it to Council for approval. He felt that any restaurant, Class 1-5, should be permitted. He referred to a handout from a shopping center� newsletter quoting Stanley Marcus and his opinions on the value of food service in shopping malls. . Councilman Hanks sai� his motion would answer those questions as posed by Mr. Davis. Mr. Davis said the floor plan as presented in the materials was acceptable, but the designation of who goes where was what they were requesting be deleted. Councilman Hanks withdrew his first motion. It was moved by Councilman Hanks, seconded by Councilman Strohl, to send the amended ordinance back to staff with instructions to remove Exhibit 1. Councilman Backes asked if the amended ordinance should not include rest- aurants up to 34,000 sq. ft. � Councilman Hanks asked for a clarification of Class 4 and 5 restaurants. The City Manager responded there seemed to be a conflict on this point, that staff considers off-premises to mean carrying food out of the area, into a car, for example; however, Mr. Oavis feels carrying food into the food court area constitutes off-premises. He said clarification was needed re- lative to Class 1. He questioned if Class 2-5 restaurants up to 36,000 feet are permitted and if Class 1 was above and beyond that. Councilman Hanks amended his motion to permit Class 2-5 restaurants which would also have to apply for special permit. Councilman Martin asked if Class 1 restaurants were to be prohibited. Councilman Hanks asked that should his motion pass, what would be the process to permit a Class 1 restaurant. -218- Ci ty Counci 1 meeti ng mi nutes August 26, 1982 The City Manager responded that would require an amendment to the PUO. Councilman Backes said he would amend the motion to include Class 1-5 restaurants. Councilman Hanks withdrew his motion. It was moved by Councilman Backes, seconded by Councilman Martin, to amend the ordinance to include Class 1-5 restaurants. The motion passed 4-3 (Councilman Hanks, Meland, Strohl opposed). It was moved by Councilman Backes, seconded by Councilman Martin, to include as a permitted use amusement devices by special permit. The motion passed 4-3 (Councilman Hanks, Meland, Strohl opposed). In answer to Mr. Davis' question, the Mayor said the item would be on the September 7 agenda. A question was raised as to the final vote on an amendment to the zoning ordinance being held within 60 days of the first reading. The City Attorney said the Council had two options: (1) to reconsider its previous action and conduct second reading that evening; or (2) initiate new wording and proceed with a new first and second reading. He commented that the 60-day procedure was intended to benefit property owners by prompt action of administrative bodies. Councilman Hanks asked if an applicant could waive the 60-day period to which the City Attorney said that was permissible. It was moved by Councilman Hanks, seconded by Councilman Meland to request the City htanager to ask the applicant if they would agree to waiving the 60-day period. He said he felt Council should not take action without the aPPlicant in attendance. (Applicant had since left Council chambers). It was suggested the City Manager ask the applicant to meet at 11:30 a.m. on Wednesday, August 18 to discuss this new development. The motion passed 7-0. 8d. Su_ nday liquor sales, hotels First reading of an ordinance relating to Sunday liquor sales in hotels It was moved by Councilman Martin, seconded by Councilman Meland, to waive first reading and set second reading for September 7, 1982 and authorize surtmary publication. Councilman Backes cormiented on parties being held at the Sheratan Park Notel in the pool area which was not exactly separate from public areas and asked how this amendment would affect such a situation. -219- City Council meeting minutes August 26, 1982 , Councilman Martin said he had seen thisheyenclosedtarea�wasanotepart ropingopen areas off so it was obvious t of the public area. Councilman Ralles said item b)�in the ordinance appeared to cover that problem by monitoring such areas. It was moved by Councilman Backes, seconded by Councilman Martin, to amend the wording of item a) as follows: ". .. be held in an enclosed room or area separated or restricted from public use." It was moved by Councilman Martin, seconded by Councilman Backes, to amend the main motion to include that such areas be monitored. The main motion as amended passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic Study 289; Resolution No. 7198 Traffic Study No. 289: Zarthan Ave., W. 41st St. to W. 42nd St. It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution No. 7198 entitled, "Resolution authorizing installation of no-parking controls on Zarthan Avenue between W. 41st and W. 42nd Streets." The motion passed 7-0. 9b. Parking restrictions: Parking restrictions across from 4033 Xenwood Ave.; Resolution 7199 Xenwood Ave. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7199 entitled, "Resolution authorizing installation of no-parking signs on Xenwood,Avenue." The motion passed 7-0. 9c. Traffic Study 287: Zarthan Ave � Traffic Study No. 287• 2nd St. N.W./Gorham Resolution No. 7200 Ave. So. It was moved by Councilman Meland, seconded by Councilman Hanks, to waive reading and adopt Resolution No. 1200 entitled, "Resolution auth- orizing installation of no-parking controls on 2nd St. Northwest and Gorham Ave. So." The motion passed 7-0. 9d. Retaining wall, 1600 Oreqon Retaining wall - 1600 Oregon Ave. So. It was moved by Councilman Ralles, seconded by Councilman Hanks, to appr0�e applicant's request with conditions as specified in paragraph 2 of the -220- � "_ ,.....� City Council meeting minutes August 16, 1982 City Manager's recorianendation, that is, the retaining wall be brought up to code. He asked if the applicant felt he could comply. Mr. Wise said if staff would send him a letter letting him know exactly what was to be done to bring the wall up to code, he would be happy to comply. � � The motion passed 6-1 (Councilman Backes opposed). 9e. Traffic Study 290; Resolution No. 7201 Traffic Study No. 290: Hampshire Ave. south of Highway 7 It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 7201 entitled, "Resolution authorizing installation of no-parking controls on Hampshire Ave. So." The motio� passed 7-0. 9f. City drinking wells Amendment to policy on monitoring and use of City drinking wells It was.moved by Councilman Backes, seconded by Councilman Meland to approve the amendment and incorporate same into existing policy. Councilman Hanks questioned how this was to be implemented, and wondered if staff was being asked to undertake an impossible job. He asked how citizens would not be alarmed in light of recent past events when they had been alarmed and then the tests of the water proved negative. He asked if �this amendment to the policy was not coming too soon and that perhaps more thought was needed. Mayor McQuaid said that with the Plymouth connection and the sprinkling ban, it was felt the problem that arose two weeks ago was unlikely to arise again. She felt it was a positive step in letting the citizens know the status of�their drinking water as quickly as possible. � Councilman Martin said he wanted to reiterate his cort�nentsof the last Council meeting. He felt Council and staff should look longer at any policy change as it wasn't that much of a change. He said this type of policy change reflects on staff who, he felt, acted properly. It was moved by Councilman Meland, seconded by Councilman Martin, to table the item. The motion passed 4-3 (Councilman Backes, Strohl, Mayor McQuaid opposed�. Mayor McQuaid said she wanted to take this opportunity to share the news that the EPA had that day allocated $1.9 million to the State of Minnesota Pollution Control Agency to comnence the work on solving the City's water situation. . - 221- City Council meeting minutes August 26, 1982 9g. Highway 7 consultant Consultant selection: Highway 7 r,orri��r redevelopment program It was moved by Councilman Meland, seconheBRWYfo�uthe1Highwayt7ncorridar authorize execution of a contract wit redevelopment study. Councilman Backes asked what the consultants not selected had bid on this study. The City Manager responded several had been in the $51-�52,004 area and the remainder over $60,000. The motion passed 5-2 (Councilmen Hanks and Strohl opposed). 9h. Minnehaha Creek Minnehaha Creek headwaters control ��pdate Sally Olsen, State Legislator, said she would like to request the City Council hold a public forum on September 7, prior to the Countil meeting, and invite the people from the Department of Natural Resources so that citizens could query them on their plans for the creek. The Director of Public Works said a formal public hearing on this matter would be held at a later date. Councilman Meland, noting the number of assessment hearings scheduled for September 7, suggested holding the forum at 6:30 p.m. It was moved by Councilman Martin, seconded by Councilman Backes, that a public forum be held at 6:30 p.m., Tuesday, September 1, 1982 prior t� the regularly scheduled City Council meeting to discuss the Minnehaha Lreek headwaters matter. The motion passed 7-0. 9i. Groves Learning Center; Groves Learning Center: Request for Resolution No. 7202 a special permit In answer to a question from Councilman Nanks, a representative from the school said they would have no difficulty in meeting the October 15 date for completion of planting improvements. It was moved by Councilman Ralles, seconded by Councilman Nanks, to waive reading and adopt Resolution No. 7202 entitled, "A resolution granting permit under Section 14-141(5) of the St. Louis Park Ordinance Code re- lating to zoning to permit the operation of a private school for property M located in the R-4 Multiple Family Residence District at 3200 Nighway ��• The motion passed 7-0. 9j. BOZA minutes The minutes of the �oard of Zoniny ADDea�S meeting held July 22� 1962 were ordered filed by consent. , -222- ' . , ,.�...,,,n, - -_�,,,,.. -.,� City Council� meeting minutes August 26, 1982 9k. HRA mi nutes 91. Pl�nning Commission minutes 9m. July financial report 10a. Boards and Commissions The minutes of the HRA meeting held July 27, 1982 were ordered filed by consent. The minutes of the Planning Commission meeting held August 4, 1982 were ordered filed by consent. The July, 1982 financial report was ordered filed by consent. UNFINISHED BUSINESS Councilman Meland said there was an opening on the Policy Advisory Commission. It was suggested anyone currently serving on another Board or Commission who had expressed an interest in serving on the Planning Corrmission be brought to Council's attention. Mayor McQuaid, Councilman Backes and Strohl will interview for this vacancy. Councilman Dackes asked that criteria for serving on the Cable TV Advisory Commission be established as a guideline for Council's interviewing process. and that staff check with Martha Elstrom to see if she is interested in serving on this Commission. lOb. Bass Lake Development George Dufour presented a plan for develop- ment of the Bass Lake area. Mr. Jerry Mangel, financial advisor on the project, presented the financial background. Councilman Hanks asked who had contacted the railroad to which Mr. Dufour replied he had. He said he would like to sit down with the City, the railroad and his staff to negotiate this development. Bill Marsha}1� said they need more specifics on development, acquisition and plans from the City staff in order to negotiate with the railroad. Councilman Hanks expressed his concern about the density planned for the development which appeared to be approximately 14 units per acre. He asked how this compared with other developments in the City. The Director of Planning said in other parts of the City the figure was rt►ore like 10-11 per acre, depending upon gross or net area. Mr. Mangel said his figures showed 12.1 gross for the proposed project. Councilman Qackes said Mr. Oufour was assuming this development would quaiify fo►" tax increment financing. He wondered if the City and Housi�g and Re- development Authority were interested in pursuinq it and if the project were in line with State statutes governing tax increment financing. �.,� -223- City Council meeting minutes August 16, 1982 Councilman Strohl, that It was moved by Councilman�Backes, seconded byand Finance Departments staffs of the City Manager s office, Plan�onosed development and report conduct a more detailed analysis of the p P back to City Council at a future meeting. The motion passed 6-1 (Councilman Hanks opposed). NEW BUSINESS lla. Bid tabulation: Alle It was moved by Councilman Meland, seconded construction by Councilman Martin, to designate U.S. Masonry and Concrete as the lowest res- ponsible bidder for Projects 82-50, 82-52 and 82-55, alley construction, and that staff be directed to execute a contract �ith that firm in the amount of $47,193.45�. The motion passed 7-0. llb. Bid tabulation: Louisiana � It was moved by Councilman Heland, sec- Ave. street liyhting onded by Councilman Martin, to designate Ridgedale Electric, Inc. as the lowest responsible bidder for the Louisiana Ave. street lighting project and that staff be authorized to execute a contract with that firm in the sum of $108,593.40. The motion passed 7-0. llc. Set assessment hearings It was moved by Councilman Meland, seconded � by Councilman Martin, that the proposed schedule of assessment hearings be approved. The motion passed 7-0. lld. Hennepin County Park Councilman t�eland as�ed if staff had received Reserve ' a copy of�a letter from the Hennepin County Park Reserve Oistrict an� suggested they might want to review the policies set forth therein and comment to Council• 12a. Claims MISCELLANEOUS Ralph K. Olin, 4917 Drew Ave., Mpls. The above claim was ordered directed to the City Attorney and City t•tanager for proper action by consent. 12b. Comnunications from the t4a�or Mayor McQuaid reminded those present of tfie lJard 3 Town Meeting scheduled for Tuesday. September 28 at the library. 12c. Comnunications from the The City Manager said the proposed ordinan�e Ci�'l�lanager from the Housing and Redevelopment Authority -224- City Council meeting minutes August 16, 1982 , was presently in the hands of Council. He suggested Council hold a meetinq with the HRA or a representative thereof to discuss the ordinance. It was moved a meeting to 6:30 p.m. by Councilman Hanks, seconded by Councilman Meland, to hold discuss the HRA proposed ordinance on September 20, 1982 at The motion passed 7-0. The City Manager briefly mentioned the Court's decision relative to the Honeywell case. CLAIMS, APPROPRIATIONS, CONTRACT PAYNENTS 13a. Uerified claims It was moved by Councilman Hanks, seconded by Councilman Ralles, that the verified claims prepared by the Director of Finance dated August 16, 1982 in the total amount of $460,558.50 for vendor claims and $27,816.13 for payroll be approved and that the City Manager and City Treasurer be authorized to issue checks in those amounts. The motion p�ssed 7-0. 13b. Contract payments 14. Adjournment The motion passed 7-0. None. It was moved by Councilman Hanks, seconded by Councilman Ralles, that the meeting be adjourned at 10:30 p.m. � �, Mayor. a Smit � ecor ing Secretary � �� -225- ��.--..___...�. �� � ; f ;±