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HomeMy WebLinkAbout1984/08/06 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 6, 1984 1. Call to Order A regular meeting of the City Council was called to order by Keith Meland, Mayor Pro Tem, at 1:30 p.m. 2. Presentations None. 3. Roll Call The following members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerry Martin Also present were the City Manager, City Attorney, Director of Public Works, Director of Planning and City Assessor. 4. Approval of Minutes It was moved by Councilman Backes, seconded by Councilman Martin, to 16, 1984 City Council meeting approve the minutes of the July as presented. The motion passed 5-0. It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve the minutes of the July 30, 1984 study session as presented. The motion passed 4-0-1 (Councilman Martin abstained). 5. Approval of Agenda It was moved by Councilman Mitchell, seconded by Councilman Martin, to approve the consent agenda for August 6, 1984. The motion passed 5-0. It was moved by Councilman Martin, seconded by Councilman Duffy, to approve the agenda for August 6, 1984. The motion passed 5-0. Public Hearings 6a, Variance: 2400 Cavell Request for zoning variance at 2400 Cavell Ave. So. Debbie O'Connor, applicant, said that their two neighbors had no objection to their proposal. -138- City Council meeting minutes August 6, 1984 Councilman Martin said he ordinarily theccepted resent thnstance recommendation could not the Board of Zoning Appeals, but P see that the applicant's proposal would create a problem. Councilman Backes concurred, feeling that the type of structure proposed - a roofed porch - did not constitute an addition to the house. There being no one further wishing to speak, the Mayor Pro Tem declared the hearing closed with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilman Martin, seconded by Councilman Mitchell, to authorize preparation of a resolution of approval. The motion passed 5-0. 6b. Holy Family Church Request of Holy Family Church for a temporary on -sale license to sell 3.2 beer on September 8 and 9, 1984. There being no one wishing to speak, the Mayor Pro Tem 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 Duffy, to approve the request. The motion passed 5-0. 6c. Assessment: Project 83-10 Assessment hearing: Project 83-10, eso ution o. - W. 24th Lane to W. 22nd St. There being no one wishing to speak, the Mayor Pro Tem 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 Martin, to waive reading and adopt Resolution 84-118 entitled, "Resolution adopting assessment improvement No. 83-10: Paving, curb and gutter, cul -desacs on 22nd St. W., 23rd St. W., 24th St. W., and 24th Lane W." The motion passed 5-0. 6d. Improvement hearing 15 Improvement hearing: Project 84-31, eso ution o, alleyto improvement Quebec Ave. Pennsylvania, 28th St. to 29th St. There being no one wishing to speak, the Mayor Pro Tem declared the hearing closed with the right of Council to thereafter reopen and continue it at a later date. -139- City Council meeting minutes August 6, 1984 It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution 84-115 entitled, "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 84-31: Alley paving between 28th and 29th Sts. and Quebec and Pennsylvania Avenues." The motion passed 5-0. 6e. Request to change Request of Koehler Ltd. Partnership 0o way zoning to change F-1 floodplain area to F-2 Don Brauer, representing the applicant, said he was present to answer questions. Councilman Mitchell asked for additional explanation of staff's memo relative to the use of a computer model as well as items 1, 2 and 3. He said it was not clear to him if Council was doing the right thing and what all this information means. The City Manager said item #3 relates to the concerns the Federal Emergency Management Association (FEMA) has about the proposed re -zoning. The Director of Planning said the information about the model relates to a similar study done some ten years ago. He said at that time the information given to the model was more limited than the previous study. He said that FEMA approval is required, and that this evening only first reading of the proposed ordinance change was being addressed, which means approval of first reading does not mean the ordinance is amended. Councilman Mitchell wondered why the Council has the power to approve this request when FEMA does not, to which Mr. Brauer responded that an applicant is not permitted to go directly to FEMA, only the City Council can so request. He explained that FEMA does not have a basis to deny. Councilman Mitchell asked if this action would not affect the whole City rather than the location under question, to which the Director of Planning said he had discussed the proposal with FEMA who said they would share with the City the progress of this action. Councilman Mitchell said the action requested this evening was piecemeal in nature and asked if such action could be changed in the future, to which Mayor Pro Tem Meland said and part of the action could be changed at any time. Councilman Mitchell wondered what impact this decision would have on future development and the City Manager responded that at this point, no one envisions future development in this particular area under question. Councilman Martin felt FEMA and the experts should make a decision and give us an opinion. City Council meeting minutes August 6, 1984 Councilman Mitchell asked if this wasn't being proposed just because of the billboard located in that area. Councilman Backes said the billboard was not the rezon main issue, issue, that there has to be some basis for denial of the proposed Councilman Duffy felt none of the members of Council was qualified to answer this question and that in his opinion Council was endeavoring to get an answer. There being no one further wishing to speak, the Mayor Pro Tem 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 waive first reading and set second reading for August 20, 1984. The motion passed 4-1 (Councilman Mitchell opposed). 6f. Assessment hearing Assessment hearing, Project 83-02: e s o I u t ion o. -116 Flag Ave./Cedar Lake Rd. to W. 22nd St. A question from the resident of 2401 Flag Ave. relative to side street assessment was referred to the City Assessor. There being no one further wishing to speak, the Mayor Pro Tem 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 waive reading and adopt Resolution 84-116 entitled, "Resolution adopting assessment improvement No. 83-02: Paving, curb and gutter, Flag Ave. from Cedar Lake Rd. to W. 22nd St." The motion passed 5-0. 69. Multi -family revenue bonds Request for multi -family housing Resolution 84-77 revenue bonds: 9935 Betty Crocker Dr. In answer to a question from Councilman Martin relative to recently -passed legislation affecting this request, the City Manager said the legislation did not affect housing revenue bonds only industrial bonds. He said this was formerly a Duraps project that had never gone forward. He said there were certain problems with the project yet to be resolved, but that the project would require specialp ermit(s) so there would be opportunities to resolve any such problemswhen and if the project proceeds. There being no one wishing to speak, the Mayor Pro Tem declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. -141- City Council meeting minutes August 6, 1984 It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-117 entitled "Resolution relating to the issuance of revenue bonds pursuant to Minnesota Statutes, Chapter 462C, for the purpose of financing a multifamily housing development; adopting a multifamily housing program and authorizing submission of the housing program to the Minnesota Housing Finance Agency for review and approval." The motion passed 4-0-1 (Councilman Backes abstained) Petitions, Requests, Communications 7a. Leslie's Shape Shop Request from Leslie's Shape Shop to employ a massage therapist Brad Chazin, owner, said he was requesting waiver of fee and permission to employ a massage therapist at his studio. He said the only ordinance criteria they don't meet is having been in business for three years. Councilman Martin asked if the City had not dealt with this type of request previously, to which the City Manager replied that 4-5 years ago and that was the reason this ordinance came about. Councilman Martin felt that by allowing an exception to the ordinance, as the applicant was requesting, the Council would be setting a dangerous precedent relative to future requests and the only way to avoid that was to amend the ordinance. It was moved by Councilman Backes, seconded by Councilman Martin, to deny the request. Councilman Mitchell wondered where the three year stipulation came from. A long discussion ensued relative to stipulating number of years in business qualifying applicants for waiver of ordinance requirements. In response to a question, the City by paying the license and application could proceed with such a request. Attorney replied that an applicant, fee and passing a police investigation Council felt this comment raised certain questions that should be addressed and it was moved by Councilman Mitchell, seconded by Councilman Backes, to defer the item to August 20, 1984. The motion passed 5-0. 7b. Minneapolis Golf Club negotiations for the side of Flag Ave. across hood meeting to discuss It was moved by Councilman Martin, seconded by Councilman Duffy, to authorize staff to proceed with lease/development of the property on the west from the Minneapolis Golf Club and set a neighbor - same. -142- City Council meeting minutes August 6, 1984 The motion passed 4-0-1 (Councilman Mitchell abstained). Resolutions and Ordinances 8a. Resolution: Bernstein Resolution of approval: Bernstein Resolution No.84-118 It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-118 entitled, "A resolution granting variance in rear yard setback from Section 14-238(5) of the ordinance Code relating to zoning to permit a rear yard setback of 12 feet instead of the required 35 feet in the R-1 Single Family Residence District at 2245 Quebec Ave. So." The motion passed 5-0. 8b. Resolution of denial: Ladin Resolution of denial: Ladin variance Resolution No. 84-119 request It was moved by Councilman Duffy, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-119 entitled, "A resolution of findings regarding the application of Sidney Ladin and Sharlene Ladin for a variance under Section 14-128(5) of the St. Louis park Ordinance Code relating to zoning to permit the construction of an addition having a rear yard setback of 20 feet instead of the required 35 feet for property located in the R-1 Single Family Residence District at 4636 Cedarwood Rd." The motion passed 5-0. 8c. Election judges Resolution 84-120 Resolution naming election judges Councilman Backes asked the party designation of the proposed election judges was balanced. The City Manager replied he was assured the law had been followed in that respect and that he would have the information made available. It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive reading and adopt Resolution 84-120 entitled, "Resolution designating polling places and naming election judges for State primary election to be held Sept. 11, 1984." The motion passed 5-0. 8d. IR bonds: Unicare Homes Request for IR bonds: Final a roval, - Resolution o. Unicare Homes, Inc. pp It was moved by Councilman Martin, seconded by Councilman Mitchell, to waive reading and adopt Resolution No. 84-121 entitled "A resolution of the City of St. Louis Park, Hennepin County, Minnesota, authorizing the issuance of S9,500,000 aggregate principal amount City of St. Louis -143- City Council meeting minuses August 6, 1984 Park, Minnesota, floating rate monthly demand industrial development revenue bonds (Unicare Homes, Inc., project) Series 1984 dated as of the date of delivery thereof, which bonds and the interest and any premium thereon shall be payable solely from the revenues derived pursuant to the loan agreement, the letter of credit or other disposition of the project; prescribing the form of and authorizing the execution and delivery of an indenture of trust; authorizing the execution and sale of the bonds and directing the authenticiation and delivery thereof; prescribing the form of and authorizing the execution and delivery of a loan agreement, by and between the City of St. Louis Park, Minnesota, and Unicare Homes, Inc., a Delaware corporation, as borrower; authorizing the confirmation and acceptance of the bond purchase agreement; authorizing and approving the form of the official statement; and providing for the securities, rights and remedies of the holders of said bonds." The motion passed 4-1 (Mayor Pro Tem Meland opposed). Be. Securities for collateral Resolution No. - entitled "Resolution approving Bank, St. Louis Park, MN." The motion passed 5-0. It was moved by Councilman Mitchell, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-122 securities for collateral from Park National Reports from Officers, Boards, Committees 9a. W. 32nd St./Oregon Ave. Project 82-02: W. 32nd St./Oregon Ave. sewer ponding improvement Mr. Ernst, neighborhood resident, felt the area should be developed on its own merits, not as part of a public works project. He said he and the area residents would also like to be of assistance in solving the crime problems that exist in and about Oak Hill Park. It was moved by Councilman Backes, seconded by Councilman Martin, to authorize development of detailed design plans and prepare cost figures to be brought back for the September 4 meeting. Councilman Martin was concerned about what was actually being planned. The City Manager said at this point just the construction of the lift station. He said the Parks and Recreation Commission will be meeting with residents for input and solutions on the other items under consideration The motion passed 5-0. 9b. Traffic Study 326 eso ution - Traffic study No. 84-123: Vallacher between Princeton & Quentin It was moved by Councilman Martin, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-123 entitled "Resolution authorizing installation of parking controls on both sides of Vallacher Ave. between Princeton and Quentin Avenues." City Council meeting minutes August 6, 1984 9c. Intoxicating liquor code Intoxicating liquor: Code and resolution amendments It was moved by Councilman Backes, seconded by Councilman Duffy, to refer the proposed ordinance and licensing code amendments to the Planning Commission. The motion passed 5-0. 9d. Arbitration award arbitration award for Minnesota Employees Union, Local 320. It was moved by Councilman Martin, seconded by Councilman Duffy to authorize implementation of the Teamsters Public and Law Enforcement Councilman Martin asked if there were a conflict of interest on his part should he vote on this item. The City Attorney's opinion was there was not. The motion passed 5-0. 9e. W. 36th St. to Target Rd. Preliminary engineering report: W. 36th St. to Target Rd. Mayor Pro Tem Meland was concerned as to how this project was to be assessed and felt a neighborhood meeting would be in order. It was moved by Councilman Mitchell, seconded by Councilman Backes, to set a public hearing for September 4, 1984. The motion passed 5-0. 9f. Blackstone/Alabama no. of 29th Preliminary engineering report: Blackstone and Alabama north of 29th St. It was moved by Councilman Duffy, seconded by Councilman Backes, to set the public hearing for September 4, 1984. The motion passed 5-0. 9g. Flag Ave. easement Storm sewer easement: Flag Ave. It was moved by Councilman Martin, seconded by Councilman Mitchell, to authorize execution of an agreement for an easement on Lot 26, South Crestview Addition. The motion passed 5-0. 9h. TH 7, Webster to Zarthan Preliminary engineering report: Project 84-20: North frontage road of TH 7 from Webster to Zarthan It was moved by Councilman Mitchell, seconded by Councilman Duffy, to set the public hearing for September 4, 1984. The motion passed 5-0. -145- City Council meeting minutes August 6, 1984 9i. Landscaping: Louisiana/Flag Ave It was moved by Councilman Duffy, seconded by Councilman Mitchell, to authorize staff to enter into an agreement with Wilson Nursery Sales for landscaping services on Louisiana Ave. and Flag Ave. The motion passed 5-0. 9j. Library Lane sanitary sewer It was moved by Councilman Backes, seconded by Councilman Martin to authorize the City to pay Ms. Oona Pope, 3261 Library Lane, 51,000 from the water and sewer fund as reimburse- ment relative to the repair of the sewer line leading to her home. The motion passed 5-0. 9k. Minnetonka, Aquila to Hwy. 18 Preliminary engineering report: Project 84-21: Sidewalk, north side of Minnetonka Blvd., Aquila to Hwy. 18 It was moved by Councilman Martin, seconded by Councilman Backes, to request the County designate the existing paved roadway on the north side of Minnetonka Blvd. from Aquila to Highway 18 as a trail. The motion passed 5-0. 91. Stop signs: 18th & Nevada Councilman Mitchell asked why there was a 4 -way stop at 18th & Jersey. The City Manager replied they were probably installed because of residents' request. It was moved by Councilman Mitchell, seconded by Councilman Duffy to authorize preparation of a resolution changing yield signs to stop signs at 18th and Nevada. The motion passed 5-0. 91n. Human Rights Commission minutes 18, 1984 were ordered filed. 9n. City Council/HRA meeting By consent, the minutes of the Human Rights Commission meeting held July By consent, the minutes of the joint City Council/Housing and Redevelopment Authority meeting were ordered filed. 90. HRA annual meeting By consent, the minutes of the Housing and Redevelopment Authority annual meeting held July 10, 1984 were ordered filed. -146- City Council meeting minutes August 6, 1984 Unfinished Business 10a. Boards and Commissions Mayor Pro Tem Meland suggested any in- dividuals interested in serving on the West Hennepin Human Services Planning Board contact the City Manager's office for a citizen interest inquiry form. New Business lla. Aquila ball field lights It was moved by Councilman Mitchell, seconded by Councilman Martin, to authorize staff to advertise for bids for the installation of lighting for Aquila fields 1, 3, and 4. The motion passed 5-0. llb. Recreation Center roof It was moved by Councilman Mitchell, seconded by Councilman Martin to authorize staff to advertise for bids for roof replacement at the Recreation Center, removal of the existing metal and the installation of additional insulation material. Councilman Backes asked is a professional engineering firm had studied the problem. The Director of Parks and Recreation said only roofing companies had been asked to inspect the roof. One of the roofing companies does have an engineer on staff and also the City's building inspector had surveyed the situation. Councilman Backes felt that an architect or structural engineer should be giving input into the solution of the roof's deterioration. The City Manager said the roof is not to be removed; the roof siding is to be replaced, but the under structure is not in need of replacement. Councilman Mitchell asked how much it would cost to have an engineer look at the roof to give an opinion. The City Manager replied it would probably cost several thousand dollars to do what has already been done. The motion passed 4-1 (Councilman Backes opposed). 12a. Claims Miscellaneous Jennifer (John) Lau, 2724 France Mohamed Jeff Ahmed, 2857 Jersey Ave. By consent the claims were referred to the City Clerk and City Attorney, -147- City Council meeting minutes August 6, 1984 12b. Communications from Mayor Pro Tem None. 12c. Communications from City Manager The City Manager gave a recycling update. Council decided to discuss the proposed Bass Lake development at 6:00 p.m. on August 20 prior to the City Council meeting. Discussion of I-394 will be held in September. Councilman Martin was interested in the impact of raising a tax increment district It was moved by Councilman Mitchell, seconded by Councilman Martin, to ask the City Assessor to check back through the records up to ten years ago relative to any County Board increase, and if the City appealed any such increase, what was the basis of the appeal. The motion passed 5-0. Claims, Appropriations, Contract Payments 13a. Verified Claims It was moved by Councilman Martin, sec- onded by Councilman Mitchell, to approve the list of verified claims dated August 6, 1984, prepared by the Director of Finance, in the amount of $744,229,47 for vendor claims and $24,372.47 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment It was moved by Councilman Duffy, seconded by Councilman Backes, that the meeting be adjourned at 9:20 p.m. 4"Crg ecretary Mayor Pro Tem -148-