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HomeMy WebLinkAbout1984/07/16 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 16, 1984 1. Call to Order A regular meeting of the St. Louis Park City Council was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call The following Council members were present at roll call: n Ronald Backes Jerrold Martin Keith Meland Larry Mitchell Richard Strohl Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning and Director of Public Works. Approval of Minutes It was moved by Councilman Mitchell, seconded by Councilman Backes, to approve the minutes of the July 2, 1984 Council meeting as presented. The motion passed 6-0. Approval of Agenda the consent agenda for July 16, 1984. The motion passed 6-0. It was moved by Councilman Backes, seconded seconded by Councilman Strohl, to approve It was moved by Councilman Strohl, seconded by Councilman Backes, to approve the agenda for July 16, 1984 with the following change: removal of item 8b Council- man Martin. The motion passed 6-0. PUBLIC HEARINGS 6a, Ambassador Liquor 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 transfer of the Ambassador's on -sale, Sunday -sale liquor licenses to Manders, Inc., and 5225 Partnership (lessor). The motion passed 6-0. 6b, Vant Hull liquor license Application of KBK Liquor dba Vant Hull Liquor for off -sale liquor license There being no one wishing to speak, the Mayor declared the hearing closed with -126- City Council meeting minutes July 16, 1984 the right of Council to thereafter reopen and continue it to a later date. It was moved by Councilman Martin, seconded by Councilman Backes, to approve the application. The motion passed 6-0. 6c. Variance: 2557 Hampshire Request for a zoning variance at 2557 Resolution 84-104 Hampshire Ave. Councilman Strohl asked if permitting this variance would affect the right-of-way on the property behind the applicant. The Director of Planning displayed an overhead and indicated it would not. 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 Meland, seconded by Councilman Martin, to waive reading and adopt Resolution 84-104 entitled, "A resolution granting variance in side yard setback from Section 14-133(3) of the Ordinance Code relating to zoning to permit a garage addition with a side yard setback of zero feet instead of the required 15 feet in the R-2 Single Family Residence District at 2557 Hampshire Ave." The motion passed 5-1 (Councilman Backes opposed). 6d. Variance: 8506 W. 29th St. Request for a zoning variance at 8506 Resolution 84-105 W. 29th St. 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 Meland, seconded by Councilman Martin, to waive reading and adopt Resolution 84-105 entitled, "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance Code relating to zoning to permit an addition havinga rear and setback of 30 feet instead of the required 35 feet in the R-1 ingle Family Residence District at 8506 W. 29th St." The motion passed 5-1 (Councilman Backes opposed). 6e. Variance: 2245 Quebec Request for uebecCouncilman Backes commented that the Qrequestv had Zoning Appeals, and Councilman Martin said this one made previously. a zoning variance at 2245 been denied by the Board of request was not the same as The Director of Planning said if the proposed garage were detached, it would not be closer than 2-3 feet from adjoining property. -127- City Council meeting minutes July 16, 1984 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 Martin, seconded by Councilman Backes, to authorize preparation of a resolution of approval. The motion passed 6-0. 6f. Variance: 4636 Cedarwood Request for a zoning variance at 4636 Cedarwood Rd. 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 Backes, seconded by Councilman Strohl, to authorize preparation of a resolution of denial with findings. The motion passed 6-0. 69• Variance: 2300 Cavell Request for zoning variance at 2300 Cavell It was moved by Councilman Mitchell, seconded by Councilman Martin, to continue this matter to August 6, 1984. The motion passed 6-0. 6h. S ecial permit: 3715 Oregon Request for a special permit at 3715 Oregon Ave. Ken Anderson, 3737 Oregon, expressed his concern if this property would end UP looking like a junk yard. In answer, Mayor Hanks highlighted that portion of the resolution that would prevent that becoming the case. In response to Mr. Anderson's question of how that would be enforced, the City Manager said the City's Inspectional Services Department would enforce it. Mr. Anderson said this happened before with Golden Auto and the City said it could do nothing. The City Manager said the City was bound by a decree from the State Supreme Court which superseded the City's authority. 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. -128- City Council meeting minutes July 16, 1984 It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution 84-106 entitled, "A resolution granting permit under Sections 14-123.100(2), 14-256(18) and 14-171(3) of the St. Louis Park Ordinance Code relating to zoning to permit the placement of approximately 1,000 cubic yards of fill in a floodplain and to permit a minor automotive repair facility for property located in the I-1 Industrial and F-2 Floodplain Districts, at 3715 Oregon Ave. So." The motion passed 6-0. 6i. Request for floodway change Request for floodway change, W. 37th at Minnehaha Creek Don Brauer, Brauer & Associates, representing the applicant, explained briefly their study of the property and proposal for upgrading of the existing billboard. Several members of the Izzak Walton League spoke to the issue, expressing their concern for wildlife in the area of the Creek. The Director of Planning responded to a question from the Mayor that the Minnehaha Creek Watershed District had approved the applicant's request. Mr. Brauer explained th *aitbe applicant proposes to do has nothing to do with changing the floodplain. They merely want to bring a structure into conformance that happens to sit in the floodway. Councilman Strohl asked about flooding problems along the creek in this area, to which the Mayor replied the major problem was further down. Several residents spoke to express their concern should anything be approved that would affect Minnehaha Creek. In response to a question from Councilman Strohl, Mr. Brauer spoke briefly on the hydraulics involved in this project. 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 Martin, seconded by Councilman Backes to authorize preparation of an ordinance to change the zoning. Councilman Meland said he had some concerns about "spot" zoning along the Creek and asked that the City Attorney look into this and report back. Councilman Backes concurred and felt this should be studied in more depth. Councilman Mitchell wondered if they might not set a precedent for anyone else requesting to change floodway lines. The City Attorney said only one public hearingq e of matter and that perhaps Council might want to keethis hearing open. this type -129- City Council meeting minutes �july 16, 1984 Councilman Martin amended his motion to continue the hearing to August 6. Councilman Backes asked how changing the flood plain or flood way affected the B-2 zoning, to which the Director of Planning said the land use is not affected by a change from F-1 to F-2. Councilman Backes asked who was the final authority relative to the flood plan to which the Director said the Federal Emergency Management Agency. Cslman Mitchell said he would like to see an evaluation of the computer model done by Brauer. Councilman Backes wondered how the staff could evaluate an engineering firm's computer model. Councilman Mitchell said he felt uncomfortable about making a decision on changing any lines without additional input. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS Ila. Renew variance: Grohoski Steven Grohoski: Request for renewal of variance and extension of time: 1352 and 1364 Hampshire Ave. So. It was moved by Councilman Martin, seconded by Councilman Meland, to approve the extensions. The motion passed 5-0-1 (Councilman Mitchell abstained). I RESOLUTIONS AND ORDINANCES 18a, Transfer of funds; Second reading of an ordinance transfer - r finance o. -84 ring funds for firefighter salaries It was moved by Councilman Mel and, seconded by Councilman Strohl, to waive reading and adopt Ordinance No. 1628-84 entitled, "An ordinance authorizing the transfer of funds and providing appropriations for salary adjustments and compensation for year ending December 31, 1984." The motion passed 6-0. 8b• Councilman Martin u�. Redevelo ment Districts es� a u Removed from the agenda. Resolution approving Chapter 409: HRA Redevelopment Districts -130- City Council meeting minutes July 16, 1984 It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution 84-103 entitled, "A resolution approving Chapter 409 which applied to approval of development by the City Council in a redevelop- ment district." 8d. Cable TV es1�oT_u_ on No. 84-107 Resolution amending the Citizens Cable TV Advisory Commission's enabling resolution It was moved by Councilman Backes, seconded by Councilman Martin, to amend the Citizens Cable TV Advisory Commission's enabling resolution by waiving reading and adopting the following resolution: "A resolution amending Resolution No. 7155 establishing the Citizens Cable Advisory Commission by increasing the Commis- sion's membership to include a member of the School Board." The motion passed 6-0. Be. MHFA Loan Funding Agreement Amendment to MHFA Loan Funding agreement Resolution84-108 It was moved by Councilman Martin, seconded by Councilman Meland, to waive reading and adopt Resolution 84-108 entitled, "Resolution authorizing amendment to September 1983 Rehabilitation Loan Program." The motion passed 6-0. 8f. Securities for collateral Resolution84-109 Resolution approving securities for St. Louis Park, MN." The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution 84-109 entitled, collateral from Shelard National Bank, REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Tax Reform Act It was moved by Councilman Martin, seconded by Councilman Strohl, to order received for filing a report on the Tax Reform Act of 1984 which contains provisions affecting the issuance of industrial development bonds. The motion passed 6-0. 9b. I-394 to an upcoming study session. The motion passed 6-0. It was moved by Councilman Martin, seconded by Councilman Backes to refer the matter -131- City Council meeting minutes ,July 16, 1984 9c, Traffic Study 324: Yosemite & Excelsior Blvd. Resolution - removal and reinstallation of parking Blvd." The motion passed 6-0. 9d. Traffic Study 323: ewoo eso u !on No. 84-111 It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution 84-110 entitled "Resolution authorizing controls at Yosemite Ave. south of Excelsior Mayor Hanks noted a petition signed by residents should be so acknowledged in the minutes. It was moved by Councilman Strohl, seconded by Councilman Meland, to waive reading and adopt Resolution 84-111 entitled, "Resolution authorizing installation Of stop signs on W. 39th St. at Edgewood Ave. So.." The motion passed 6-0. 9e. France Ave. so. of Excelsior It was moved by Councilman Mitchell, seconded by Councilman Meland, to authorize staff to hold a neighborhood meeting and develop a feasibility study for this proposed street improvement. The motion passed 6-0. 9f. Shelard watermain It was moved by Councilman Meland, iseconded by Councilman Mitchell, to set a public hearing for August 20, 1984 and to authorize agreement for leak detection work. The motion passed 5-0-1 (Councilman Backes abstained). 99• Rail spur Placement of Hutchinson branch of Burlington Northern Railroad on official City map Sherman Friedman, 3219 Aquila Lane, addressed the Council to express his concern over the future use of the property recently abandoned by the railroad. He and the other residents along the spur are con- cerned that uncontrolled development could occur. He asked what the 6 - month law was. The City Attorney replied the basic function of the official map technique gives the City the right to look at all properties and make a decision relative to any development on any property. Without this technique, the City would have less control over development on any given property. Mr. Friedman asked when did the plan for this property along the spur become part of the Comprehensive Plan. -132- City Council meeting minutes July 16, 1984 The Director of Planning explained the Comprehensive Plan process, including the various neighborhood meetings held in connection with the Plan and the public hearings which are held prior to the Plan being adopted by the City Council. Mr. Friedman said he knew nothing about this land being anything other than railroad land, and inquired what the report meant by "transit." The Director of Planning said this referred to light rail transit which was just one of the many options being considered for the future. Several residents of Sunset Ridge Rd. said that they had asked about the possibility of purchasing the land should it ever be abandoned. One resident, Mrs. Dibble said the railroad told her the residents abutting the property would get the first option to buy and she wondered who had the right to sell the property. It was moved by Councilman Martin, seconded by Councilman Mitchell, to refer the matter to a study session to get the answers to the questions asked by these residents. Mayor Hanks said he was concerned about the activity seemingly going on relative to this property. He wanted it made clear that the City was never notified by the railroad that the spur was to be abandoned and that it was only by ainformational phone call from a staff member to the Burlington Norther0 howledgewas gotten that not only was abandon- ment being considered, but that it was, in fact, accomplished and approved by the ICC. He commented that placing this on the official map was binding. Councilman Martin withdrew his motion. It was moved by Councilman Martin, seconded by Councilman Mitchell to take whatever steps are necessary to place the spur on the City official map and then take the matter up at a study session. Councilman Meland said he would like to see the item on the August 20 agenda which would give staff time to study the matter further and hold a neighborhood meeting. The City Manager suggested the mobile City Hall might be utilized for neighborhood meetings. Ed Christenson, 3247 Aquila, wondered if the spur could be placed on the official map as something other than potential transit use. The City Attorney explained that putting it on the official map merely designates it for public purpose. Once it is placed on the map, the City has six months to review once a permit is issued to develop any property. -133- City Council meeting minutes July 16, 1984 Councilman Martin withdrew his motion that the matter be referred to a study session and substituted a motion to delete any references to the property being used for transit purposes, hold a public hearing relative to placing this property on the official City map and that staff offer suggestions for other public uses of the property. The motion died for lack of a second. It was moved by Councilman Meland, seconded by Councilman Stroh] to take whatever steps are necessary to place the property on the official City map and receive input from the affected neighborhoods via use of the mobile City Hall prior to a public hearing to be scheduled for August 20, 1984. The motion passed 6-0. 9h. Bass Lake development Doug Arndt, representing Klodt Co., explained the developer had entered into an agreement with the railroad and that a closing was proposed in two weeks. He briefly described the type of development they were proposed which includes an office/business center, an office building and multi -family or apartment complex. He asked for the City's assistance in rezoning a portion of the land around Bass Lake. Also a vacation of Beltline Blvd. from its j present site to 32nd and France. He estimated 2,000 new jobs would be created. Councilman Backes said the City doesn't have much time to make a decision on this and asked if the developer could go ahead without the support of the City. Mr. Arndt said the developer would not be able to proceed with a plan as conceived. An alternative would be to put in bulk storage or something of a similar nature. Paul Klodt said they would need good roads in this area in order to go forward With the development. Mayor Hanks said the cost factors would have to be studied before proceeding With any thoughts of creating a tax increment district. It that staff moved by Councilman Martin, seconded by Councilman Backes, to authorize staff prepare a feasibility report, addressing the following issues: establishment of a tax increment district; resolution of inconsistencies relative to Bass Lake; right-of-way matters, and to that end to prepare an agreement Which would be ready for adoption. Mayor Hanks asked what guarantee the City had that the project would be completed. The City Manager asked what if the City built a crossing over the railroad tracks' but had nothing more to do with the project. Also he noted that previ- tracY the developer had maintained options relative to development of the prtperty. Mr, Arndt responded the developer now had a firm plan and was ready to proceed. -134- City Council meeting minutes July 16, 1984 Councilman Martin wondered if the four points of his motion could be completed by August 20. The City Manager did not feel it was appropriate for staff to be developing numbers to answer those points. Councilman Martin added to his motion that a report be brought back on August 20, and that as much of the plan as possible be reviewed at the study session on August 13 when the plan would be studied. Councilman Backes said he would like to see some measure of support from the Council for this project. The motion passed 6-0. Councilman Martin felt no problems with the proposal as long as the numbers worked out. Nancy Rose, representing the Minikanda neighborhood, said she was concerned about the impact of such a development on their neighborhood, more specifically they are concerned about the land use around Bass Lake and the lake itself. She said she would like to request a study of the water quality of the lake. 9i. Traffic study 325 Quentin Ave. at W. 38th St. It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution 84-112 entitled, "Resolution authorizing removal and reinstallation of parking controls at W. 38th St. - Wolfe Lake Condominiums" The motion passed 6-0. 9j. Management Information System It was moved by Councilman Meland, seconded by Councilman Martin, that MIS report be referred to the July 30 study session for review. The motion passed 6-0. 9k. June financial report 91. BOZA minutes of June 28 9m. CRC minutes By consent the report was ordered filed. BY consent, the minutes of the June 28 Board of Zoning Appeals meeting were ordered filed. By consent, the minutes of the Community Relations Commission meeting were ordered filed -135- City Counci 1 meeti ng mi nutes ,July 16, 1984 19n. HRC mi nutes 90. Cable TV minutes j 10a. Boards and Commissions 10b. Liquor license resolution The motion passed 6-0. i'• Ila. Bunny's The minutes of the Human Rights Commission meeting were ordered filed by consent. The minutes of the Citizens Cable TV Advisory Commission were ordered filed by consent. UNFINISHED BUSINESS None. It was moved seconded by direct staff resolution NEW BUSINESS by Councilman Martin, Councilman Backes, to to prepare an amended Liquor license violation - Bunny's By consent, an administrative hearing was scheduled for August 6 at 7:00 p.m. 11b. Bid tab: Waterman looping/ It was moved by Councilman Meland, seconded by Councilman Martin, to authorize execution of a contract S. M. Hentgens and Sons not to exceed $47,149.26. The motion passed 6-0. 11c. Bid tabulation: Tractor Industrial tractor :t was moved by Councilman Backes, seconded by Councilman Strohl, to designate Long Lake Ford as the lowest responsible bidder and authorize execution of a contract with that company not to exceed $17,927. The motion passed 6-0. 114' Bid tab: Council chamber chairs It was moved by Councilman Cleland, seconded by Councilman Backes, to designate Metropolitan Office Equipment as the lowest responsible bidder and authorize execution of a contract not to exceed $11,362.30. mil The motion passed 5-1 (Councilman Strohl opposed) e' Storer franchise Request of Storer Communications to initiate franchise renewal process It was moved by Councilman Meland, seconded by Councilman Backes, to authorize initiation of the franchise renewal process after rendering a decision on Storer's request for a basic raze increase. The motion passed 5-0. ~��_ -136- ,ltd :.ifliaeiilAtiiil0(Yu+JiLlii...: L:J�.'Sit1l ;y 11T. iiuiti-tamily housing r_. Resolution setting public hearing Briarwood West's request for multi- family housing bonds it was moved by Councilman Aeland, seconded by Councilman Martin, to waive ' reading and adopt Resolution No. 84-113 entitled, "Resolution relating to she issuance of revenue bonds pursuant to Chapter 462C, Minnesota statutes; ordering a public hearing relating to a proposed program for a loan to finance a multi -family housing development and authorizing publication of a notice of public hearing." The motion passed 5-0-1 (Councilman Backes abstained). MISCELLANEOUS 12a. Claims Scott Tulman, 8524 W. 28th St. Gary Berg, Box 181, Starbuck, ivN By consent, the claims were referred to the City Clerk and City Attorney. 12b. Communications from riiayor National League of C-1.ies: It was moved by Councilman Meland, seconded by Councilman Backes to reserve four reservations for the National League of Cities conference to be held in Indianapolis. The motion passed 6-0. Mayor Hanks said he planned to suggest blue ribbon committee to begin plans for the 1986 centennial. Mayor Hanks announced the groundbreaking for the Highway 100/W. 36th St. inter- change project would be held Wednesday, July 18 at 11:00 a.m. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Martin, to approve the list of verified claims prepared by the Director of Finance dated July 16, 1984 in the amount of $425,764.96 for vendor claims and $22,994.41 for payroll claims be approved and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 6-0. The Council adjourned for an executive session. Upon its return to the chambers, the Council authorized staff to negotiate a settlement with Naegele Outdoor Advertising to allow relocation of the billboard at Park Center Blvd. and W. 39th St. (vicinity of King's Inn) and that the $20,000 settlement would be credited to the City should the billboard ever have to be relocated at a future date. The motion passed 4-0-1 (Councilman Meland not present; Councilman Mitchell abstained). The meeting adjourned at 10:45 p.m. r- a Or pmi EFi; lTeccr i ng SecreFaTry -137-