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Home My WebLink About1984/09/07 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 17, 1984 1. Call to Order 2. Presentations eso ution o. 84-146 Duffy to waive reading and adopt recognizing Alice Paul." The motion passed 6-0. 3. Roll Call 1 A regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Lyle Hanks Councilman Meland read a resolution recogniz- ing Alice Paul who is retiring as St. Louis Park librarian. It was moved by Councilman Meland, seconded by Councilman Resolution No. 84-146 entitled "Resolution The following Council members were present at roll call: Ronald Backes Thomas Duffy Gerrold Martin Keith Meland Larry Mitchell Lyle Hanks Also present were the Acting City Manager, City Attorney, Director of City Development, Director of Public Works, City Assessor. 4 A royal of Minutes It was moved by Councilman Mitchell, seconded by Councilman Backes, to approve the minutes of the September 4, 1984 meeting with the addition in item lld that the hearing set was for the assessment of the signal. The motion passed 6-0. It was moved by Councilman Martin, seconded by Councilman Mitchell, to approve the minutes of the September 10 study session. The motion passed 5-0-1 (Councilman Meland abstained). A roval of Agenda It was moved by Councilman Meland, seconded by Counc1 man u y, o approve the consent agenda for September 17. It The motion passed 6-0. It was moved by Councilman Mitchell, seconded by Councilman Meland, to approve the agenda for September 17, 1984.with the following additions: lb. Massage ordinance. The motion passed 6-0. -173- City Council meeting minutes September 17, 1984 PUBLIC HEARINGS 6a. Mandarin Chinese Restaurant Application of Mandarin Chinese Restaurant for a beer/wine license at 8930 Highway 7. 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 approve the application. The motion passed 6-0. 6b. Assessment: Project 83-04 Assessment hearing, Project 83-04: Alley Resolution No. 84-77 between Louisiana Ave. So. and Kentucky Ave. So., south of W. 32nd 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 Backes, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 84-147 entitled, "Resolution adopting assess- ment - Improvement No. 83-04: Alley paving, Louisiana and Kentucky Avenues." The motion passed 6-0. 6c. Assessment: Project 83-08 Assessment hearing, Project 83-08: Paving, Resolution No. 84-79 curb and gutter, W. 37th, Railroad St., Colorado Ave., Dakota Ave. 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 Duffy, seconded by Councilman Backes, to waive read- ing and adopt Resolution No. 84-148 entitled, "Resolution adopting assessment, Improvement No. 83-08, paving, curb & gutter, sidewalk repair, watermain looping and landscaping - Brunswick, Colorado and Dakota Avenues and Railroad and Oxford Streets." The motion passed 6-0. 6d. Assessment: Project 83-09 Resolution No. 84-149— Assessment hearing, Project 83-09: Paving curb & gutter on Salem Ave. between 26th St. and 27th St. W. -174- City Council meeting minutes September 17, 1984 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 Mitchell, to waive �� reading and adopt Resolution No. 84-149 entitled Resolution adopting assess- ment - Improvement No. 83-09: PaVING, CURB & gutter, sanitary sewer main repair on Salem Ave. between 26th St. and 27th St. w." The motion passed 6-0. 6e. Variance: Carlson Application for eso u ion o. -154 Idaho Ave. a variance: 1810 Barbara Carlson, 1806 Idaho, expressed her concern about having a house constructed that would stick out some 10 feet towards the sidewalk. Mayor Hanks requested the letter from Albert and Marilyn Lenss be read into the record. They were concerned about the poor drainage at the rear of the property and the 5 feet of water that collects there. Dave Carlson, representing the applicant, said they will provide storage -1 for the water and will ensure that there be no flooding onto the neighbors' property.In answer to a question from the resident of 1840 Idaho relative to garages, Mr. Carlson said garages would be built so there would be no on -street parking. Mayor Hanks asked how many variances had been approved in this area, to which the Director of City Development said he was not aware of any front yard variance applications. Councilman Martin asked if the criteria for a variance were met, must the variance be granted. The City Attorney replied that if the applicant variance request which fell within the criteria, itr would resented rounds iincumbentr on the Council to grant it. 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. Councilman Martin asked if conditions could be imposed on a variance. The City Attorney said the statute does not specify an answer to this, but Provides where it demonstrates a hardship exists, that the City may grant sa variance. He said it was his impression that if Council were to determine omething necessary in way of a limitation that it probably should be reflected the variance. It was moved by Councilman Martin, seconded by Councilman Backes, to waive reading and adopt Resolution No. 84-150 entitled "A resolution granting variance in front yard setback from Section 14-133(5) of the Ordinance Code -175- City Council meeting minutes September 17, 1984 relating to zoning to permit the construction of two houses having a front yard setback of twenty feet instead of the required thirty feet in the R-2 single family residence district at 1810 Idaho Ave. So." Mayor Hanks wondered who would be responsible should water flow on to other property. A member of the Engineering staff replied that their studies showed this would not be a problem and that the property would only be affected in the event of a 100 -year storm. The motion passed 4-2 (Councilmen Meland and Mitchell opposed). 6f. Variance: Juster Application for a variance: Robert Juster, 1649 Resolution No. 84-150 Westwood Hills Dr., relative to fence height Mr. Juster was present to answer questions. In answer to a question from the Mayor relative to who had been notified about the request, the Acting City Manager said all residents within a 300 -foot radius which is City policy. 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 Duffy, seconded by Councilman Martin to waive reading and adopt Resolution No. 84-151 entitled, "A resolution granting variance in fence height from Section 14-109(g)(i) of the Ordinance Code relating to zoning to permit construction of a fence with a maximum height of eight feet instead of the required six feet in the R-1 Single Family Residence District at 1649 Westwood Hills Drive." The motion passed 6-0. 6g. Utility easement vacation Petition to vacate public utility easement: Sandoz Nutrition 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 Martin, to waive first reading and set second reading of an ordinance of approval for October 1, 1984. The motion passed 6-0. REQUESTS, PETITIONS, COMMUNICATIONS 7a. Yellow Taxi Cab public hearing Request of Yellow Taxicab Company to st:t a public hearing on October 1, 1984 relative to additional licenses -176- City Council meeting minutes September 17, 1984 Councilman Martin felt it was only fair the company be given a public hearing as they were the first to request additional licenses. It was moved by Councilman Martin, seconded by Councilman Duffy, to schedule a public hearing for October 1. The motion failed 3-3 (Councilmen Backes, Meland and Mitchell opposed). Councilman Martin asked if he were permitted to make the motion again, to which the City Attorney replied that in this instance the Council members voting against the issue became the prevailing side and only one of them could make such a motion. It was moved by Councilman Backes, seconded by Councilman Martin to reconsider the matter. The motion passed 4-2 (Councilmen Meland and Mitchell opposed). Councilman Backes asked what purpose a public hearing would serve, and why should Yellow Cab's request be granted. Councilman Martin said that last spring Yellow Cab had asked for 50 additional licenses to conduct business in St. Louis Park and Council granted them five additional licenses. Thereafter, five licenses were given to each Of two other companies requesting them. He felt since Yellow Cab had asked first, more than five licenses should have been given to them on the basis Of first come -first serve. It was moved by Councilman Martin, seconded by Councilman Backes to set the public hearing for October 1, 1984. The motion passed 5-1 (Councilman Meland opposed). 1b• Ben Mahpour Request of Ben Mahpour to conduct massage therapy Mr. Mahpour explained that he wished to conduct a therapeutic massage service at Your Total Look,, 3410 Dakota Ave. So. Councilman Martin explained that the City's ordinance prohibiting this activity was passed in order to prohibit illicit activities attempting to pass as therapeutic massage. He felt there might be a way that legitimate therapeutic massage could be licensed if the appropriate wording could be found, or perhaps that hours of operation might be the key. Councilman Meland asked if Mr. Mahpour's practice was licensed or regulated by the State, to which Mr. Mahpour said it was not. It was moved by Councilman Martin, seconded by Councilman Mitchell to refer the City's massage ordinance to staff to determine what might be legitimate from that which is not legitimate. -177- City Council meeting minutes September 11, 1984 Mayor Hanks felt that anyone wishing to conduct this type of business should present the City with alternatives to what the City's ordinance states. Councilman Martin withdrew his motion. Mr. Mahpour said he could supply staff with a copy of the amended St. Paul ordinance which permits him to conduct a therapeutic massage service in that city. Mayor Hanks directed Mr. Mahpour to do so. RESOLUTIONS AND ORDINANCES 8a. IR bonds: Sunset Ridge condos Final approval: Sunset Ridge commercial eso ution o. - condominiums It was moved by Councilman Meland, seconded by Councilman Duffy to waive reading and adopt Resolution No. 84-151 entitled "Resolution No. 84-151 authorizing the issuance, sale and delivery of the City of St. Louis park, Minnesota, Commercial development revenue bonds (Sunset Ridge Commercial Condominium project), Series 1984, which bonds and the interest and any premium thereon shall be payable solely from the revenues derived from the loan agreement; approving the form of and authorizing the execution and delivery of the indenture of trust, the loan agreement, the servicing agreement, and the bond purchase agreement; approving certain other documents and authoriz- ing execution of certain documents; approving the form of and authorizing the execution and delivery of the bonds; and providing for the security, rights and remedies of the holders of said bonds." The motion passed 5-0-1 (Councilman Martin abstained). 8b. Repeal of Reso. 84-136 Shelard Park watermain looping eso u No. 84--= It was moved by Councilman Martin, seconded b to wve reading and adopt Resolution No. 84-152 entitled "Resolution epealeing,Resolu- tion 84-136 related to the ordering the improvement, ordering preparation of plans for improvement No. 84-6, Shelard Park Watermain looping. The motion passed 5-0-1 (Councilman Backes abstained). 8c. Contract - BRW eso u ion o. 84-153 Supplemental agreement to Contract 1501 It was moved by Councilman Duffy, seconded b reading and adopt Resolution No. 84-153 entitled, i 1 esolman Backes, to waive lution the City of St. Louis Park to enter into a supplemental agreement toauthorizin No. 1501 with Bennett, Ringrose, Wolfsfeld, for engineering services for trunk highway 100/W�s' Gardner, Inc. (BRW) City project No. 78-10." 36th St. interchange, -178- City Council meeting minutes September 11, 1984 3d. Resolution of recission Resolution of recission (Reuben Anderson-Cherne) In answer to a question from Council, the City Attorney said the statutory authority for industrial revenue bonds to be transferred from one project to another should be resolved by bond counsel. Mayor Hanks felt the item should be deferred to October 1 and an answer sought from bond counsel in the interim. It was moved by Councilman Martin, seconded by Councilman Duffy that the item be placed on the October 1 agenda. Mr. Cherne said there never was a closing on this property. Councilman Martin wondered if the action of recission would cancel the requested IR bonds. The motion to defer passed 6-0. 8e, Restaurant classifications It was moved by Councilman Martin, seconded by , to hearin for October 15, 1984 and direct Councilman staff aprepare an t o dinano e�camendment for first reading on October 15 and second reading on November 5 as well as a resolution adopting g guidelines relative to the issuance of on -sale liquor licenses, p Councilman Martin asked that all necessary documents be prepared to avoid any further delay in this process. The motion passed 6-0. 8f, Block 1, Oak Park Village Amendment to agreement for 9 purchase of Block 1, Oak Park Village In response to a question from Councilman Backes as to exactly what this matter was, the Acting City Manager responded that it was a clarification Of participation in the payment of total costs for construction in Block 1. It was moved by Councilman Duffy, seconded by Councilman Martin to approve the amendment authorize execution of the agreement, waive reading and adopt Resolution No. 84-155 entitled "Resolution authorizing amendment to indemnifica- tion provision for Lot 1, Block 1, Oak Park Village." The motion passed 6-0. -179- City Council meeting minutes September 11, 1984 9a. Storer Cable REPORTS FROM OFFICERS, BOARDS, COMMISSIONS Request for rate increase Chris Wegemer, Storer Cable, said he was available to answer questions. Mayor Hanks said that items 2 and 3 of the CTIC report should be looked at more closely and resolved and that he would request staff get an answer to point number 4. Councilman Backes pointed out that that evening there were two tamers being used but only one operator. It was moved by Councilman Meland, seconded by Councilman Duffy to direct staff to look into the three areas as designated by the Mayor. The motion passed 6-0. 9b. Hwy. 100/Hwy. 7 rezoning International Retirement Villages of Lakewood, CO.: Proposed rezoning at Hwy. 100/Hwy. 7 Jeff Keyes, representing McGarvey Coffee Co., said that company had requested an agreement from International Retirement Village indemnifying McGarvey from odors and noise arising from the operation of the plant and that Interna- tional had agreed. He said McGarvey was planning to request PUD zoning for their property in anticipation of the plant's expansion. He said the company was reserving its objections to International's request for rezoning dependent on the proposed PUD zoning to include McGarvey's property. He felt this should come back to Council as a package. R. Meshbesher, attorney for International, asked if the PUD zoning would be delayed based on McGarvey's proposal for a PUD. The Director of City Development said he foresaw no problem with the two companies and the City working together to resolve the matter. It was moved by Councilman Backes, seconded by Councilman Duffy to approve the preliminary PUD plan of the International Retirement Village. The motion passed 6-0. 9c. IR bond program Status report: Small and medium-sized industrial revenue bond program Councilman Backes wondered about someone coming in now asking for funding. Councilman Martin felt the 21 interested applicants for IR bonds should be apprised of the status of the program. It was moved by Councilman Meland, seconded by Councilman Duffy to receive the report for filing. The ration passed 6-0. -180- ----.--.,--�.,.•.�.-,..:�-�...,�._. City Council meeting minutes September 17, 1984 9d. Mbrtga a revenue bondin program eso u ion o. - Mayor Hanks asked if the Shelard project was new, to which the Director of City Development replied that previously bonding had been applied for by Duraps, but that the property is to be sold and the new owner reportedly will be seeking funding. It was moved by Councilman Meland, seconded by Councilman Martin to waive reading and adopt Resolution No. 84-156 entitled Resolution establishing the date for a public hearing on a proposed housing program pursuant to Minnesota Statutes, Chapter 462C and authorizing publication of notice therefor." The motion passed 6-0. 9e. Auditor's letter Implementation of auditor's management letter, 1983 financial audit. Staff's report on the implementation of the auditor's management letter was ordered filed by consent. 9f. Sale of Hennepin County land Councilman Meland commented the the City was to take control oresolution f the la d,and Councilseemed manBackes felt the report and resolution were not in agreement. The City Attorney said the resolution was an effort to resolve disposal Of property that might be in conflict with City plans, for example, if there were a City park on land proposed for sale. It was moved by Councilman Meland, seconded by Councilman Martin, to waive reading and adopt Resolution 84-157 entitled "Resolution No. 84-157 author- izing disposal of Hennepin County property." The motion passed 6-0. 99• Police Chief Confirmation of Mancel T. Mitchell as Chief of Police It was moved by Councilman Meland, seconded by Councilman Duffy to confirm the appointment of Mancel T. Mitchell as Chief of Police. The motion passed 5-0-1 (Councilman Martin abstained). 9h• Taxi Cab license freeze It was moved by Councilman Meland, seconded by Councilman Backes, to defer this matter to October 15, 1984. The motion passed 6-0. �• 1-394 meeting minutes The minutes of the I-394 meeting held September 10, 1984 were ordered filed by consent. Councilman Martin complimented staff of their handling of this meeting. -181- City Council meeting minutes September 17, 1984 9j. Community Relations minutes 9k. BOZA minutes 91. Planning Commission minutes 9m. August financial report The minutes of the Community Relations • Commission meeting held July 12, 1984 were ordered filed by consent. The minutes of the Board of Zoning Appeals meeting were ordered filed by consent. The minutes of the Planning Commission meeting held September 5, 1984 were ordered filed by consent. The August 1984 financial report was ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilman Meland, seconded by Councilman Duffy to reappoint Robert Smith to the Fire Civil Service Commission. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Martin to appoint Councilman Backes to the TwinWest Chamber of Commerce Community Affairs Committee. The motion passed 5-0-1 (Councilman Backes abstained). UNFINISHED BUSINESS lla. Aquila Field lighting Bid tabulation: Aquila field lighting It was moved by Councilman Meland, seconded by Councilman Backes to designate Berg Electric as the lowest responsible bidder and authorize execution of a contract for $65,776. The motion passed 6-0. llb. Painting Reservoir #1 Bid tabulation: Painting Reservoir #1 It was moved by Councilman Duffy, seconded by Councilman Backes to designate Painting Systems as the lowest responsible bidder and authorize execution of a contract for $42,500. The motion passed 6-0. -182- city Council meeting minutes September 17, 1984 12a. Claims MISCELLANEOUS James Heuer, 2012 Excelsior Blvd. Hopkins The claim was referred to the City Clerk and City Attorney by consent. 12b. Communications from the Mayor Mayor Hanks said the Housing and Redevelopment Authority had requested on September 25. to meet with the Council at 6:30 Mayor Hanks reminded Council of the budget study session on September 24 beginning at 5:00 p.m. 12c. Communications from Acting City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS -,13a. Verified Claims Te con e y ouncilman Duffy It was moved by Councilman to Meland, by the Director of Finance approve the list of verified dated September 17, 1984 claims prepared in the $724,457.72 for vendor claims and $18,312.19 for payroll and the City Manager amount claims be of approved and City in the appropriate amounts. Treasurer be authorized to issue checks The motion passed 6-0. 14• Adjournment It was moved by Councilman Duffy, seconded by Councilman Meland P.M. to adjourn the meeting at 9:15 The motion passed 6-0. .a Ma- e cor d i n g 5 e c r e t ary