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HomeMy WebLinkAbout1985/12/16 - ADMIN - Minutes - City Council - Regular (2)MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 16, 1985 1. Call to Order 2. Presentations 3. Roll Call 4. Approval of Minutes with the following correction: page word assumed to asked. The meeting was called to order at 7:40 p.m. by Mayor Lyle Hanks. Mayor Hanks presented a Certificate of Appreciation to Jacqueline Ingersoll, long-time member of the Planning Commission who is retiring from service. The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks It was moved by Councilman Duffy, seconded by Councilman Mitchell to approve the minutes of the December 2, 1985 Council meeting 206, item 7b, 3rd paragraph, change The motion passed 7-0. 5. Approval of Agenda It was moved by Councilman Mitchell, seconded by Councilman Duffy, to approve the consent agenda for December 16, 1985. The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Backes to approve the agenda with the following changes: item 8j should be moved to the Public Hearing section; insurance figures should be added to item llf; and liquor license renewals should be put under 10b. The motion passed 7-0. PUBLIC HEARINGS 6a. Servlite: Class lw restaurant Resolution85-221 Request of Charles and Joanne Koehler and Arthur Lohmann for a special permit to allow construction of a Class lw restaurant and to amend the approved grading plan at 8700 Hwy. 7 Terry Seibert, vice president of Servlite, described briefly their plan -217- City Council meeting minutes December 16, 1985 and asked that there be a change in item No. 4 of the resolution to 905.8 ft. or more and that the rest of the sentence after the word "more" be deleted. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and open it at a future date. It was moved by Councilman Meland, seconded by Councilman Backes to waive reading and adopt Resolution No. 85-221 entitled "A resolution rescinding Resolution No. 84-55 adopted on May 7, 1984 and granting special (conditional use) permit under Section 14-123.100(2) and 14-156(11) of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a Class lw restaurant and to amend the approved grading plan for property located in the B-2, general business district; F-1, floodway district and F-2 floodplain district at 8700 Highway 7." Councilman Mitchell asked why they were requesting a change, to which Mr. Seibert responded the change had to do with the flood elevations of Minnehaha Creek under Highway 7, that the levels will be lower. In answer to a question from Councilman Strand, Mr. Seibert said they had not yet received a response from the Watershed District. The motion passed 7-0. 6b. Servlite liquor license Application for a lw liquor license It was moved by Councilman Meland, seconded by Councilman Duffy to approve Servlite's application for a Class lw (wine/beer) license at 8700 Highway 7. The motion passed 7-0. 6c. Community Housing/Service Corp. Multifamily rental housing program eso u ion - 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 Mitchell seconded .by Councilman Friedman to waive reading and adopt Resolution 85-222 entitled "Resolution authorizing the issuance of the City of St. Louis Park, Minnesota $11,000,000 multifamily rental housing revenue bonds (Community Housing and Service Corporation project), Series 1985." The motion passed 7-0. 6d. Delmark curb cut eso u ion o. 5-223 DeImark Co.: Request to amend an approved special permit to allow a curb cut at 5320 W. 23rd 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. �-218-_.. It was moved by Councilman Duffy, seconded by Councilman Friedman, to waive reading and adopt Resolution 85-223 entitled "A resolution rescinding Resolution No. 84-81 adopted on June 4, 1984, rescinding Resolution No. 6943 adopted on September 8, 1981 and granting special (conditional use) permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow construction of an office, processing and warehouse addition on property located in the DDD, diversi- fied development district, at 5320-5330 W. 23rd St." The motion passed 7-0. 6e. Dominium es_o _uuUTon 85-224 Park Properties and Dominium Group: Request to amend an approved special permit to allow modifications to a 167 -unit residential apartment development at 7400 Hwy. 7 Bob Lux, representing Dominium, said they were going back to their original plan using brick in deck areas and trim around the garages will be brick. Councilman Strand wondered how high the brick would be, to which Mr. Lux replied approximately 10 feet. He said it was their intent to break up any institutional look to the exteriors. 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. Mayor Hanks asked how the changes discussed would be covered by the resolution, to which the Planning Director said they would be tied in by the reference to Exhibit 1. It was moved by Councilman Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution 85-224 entitled "A resolution rescinding Resolution 85-66 adopted on May 20, 1985 and granting special (conditional use) permit under Section 14-124.101 and 14-210.2 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a 161 -unit residential apartment development on property zoned PUD, planned unit development, at 7400 Highway 7." The motion passed 7-0. 6f. Corrigan Properties Request to amend approved special eso u ion NO. 85-225 permit to allow changes in signage at 4995 Excelsior Blvd. 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 Meland, to waive reading and adopt Resolution No. 85-225 entitled "A resolution rescinding Resolution No. 84-10 adopted on aary 16, R1984 ami eon nding Resolution No. 7236 adopted September 20, 7216 adopted September 7, 1982 amending Resolution No. 7010 adopted -219- February '16, 1982, amending Resolution No. 6559 adopted May 19, 1980 and granting special (conditional use) permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoni9ng to allow remodeling and site modifications to Miracle Mile property located in a PUD, planned unit development district at 5003-5425 Excelsior Blvd. and 4995 Excelsior Blvd." The motion passed 7-0. 6g. Park Glen Apartments Resolution No. 85-226 Multiple family rental bonds 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 reading and adopt Resolution 85-226 entitled "A resolution of the City Council of the City of St. Louis Park, Minnesota (the issuer) authorizing the issuance, sale and delivery of the $11,600,000 variable rate demand multifamily housing revenue bonds (Park Glenn Apartments project) Series 1985 (the bonds) which bonds and the interest and any premium thereon shall be payable solely from the revenues derived from' the loan agreement and other revenues pledged pursuant to the indenture; approving the form of and authorizing execution and delivery of an indenture of trust, a bond purchase contract, a regulatory agreement, a remarketing agreement, and a loan agreement; approving the form of a declaration of restrictive covenents, tender agent agreement, reimbursement agreement, combination mortgage, security agreement and fixture financing statement, disbursing agreement, investment agreement and preliminary and final official statement; approving the form of and authorizing the execution and delivery of the bonds; and providing for the securities, rights and remedies of the holder of said bonds." Jho motiSn atssed 7-0. 6h, riarwoo W�s Multiple family rental bonds Resolution -227 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 85-227 entitled "A resolution of the City of St. Louis Park, Hennepin County, Minnesota, authorizing the issuance of $8,000,000 aggregate principal amount City of St. Louis Park, Minnesota, multifamily housing revenue bonds (Briarwood West project), Series 1985, and approving the form thereof and authorizing the execution of necessary documents relating thereto." The motion passed 7-0. -220- City Council meeting minutes December 16, 1985 6i. Belt Line Blvd. development Request of Frantz Klodt and Son to vacate portions of Belt Line Blvd. Bob Ehrenberg asked if the City would get in writing from the Soo Line that they would notappeal the crossing at Ottawa Ave. Nancy Rose, representing the Huntington Ave. neighborhood said that the easement was acceptable to the neighborhood and that they would like to see the proposed plan described more fully by the developer. Robert Strauss, representing the Izaak Walton League asked if the City would oversee the trail easement with respect to growth, wildflowers, etc. 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 Duffy, to waive first reading of an ordinance of vacation and set second reading for January 6, 1986 and authorize summary publication. The City Manager said that the Watershed District had some questions relating to the retention pond and siltation basin which might require changes, but that those changes would be incorporated into the final plat. Councilman Duffy complimented all the individuals involved for their efforts in bringing this project along. The motion passed 7-0. 6j. Excelsior Blvd. redevelopment Dick Graves and Jim O'Meara Resolution - said they were available to answer 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 it at a future date. It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 85-228 entitled "Resolution awarding the sale of $6,500,000 variable rate demand general obligation tax increment bonds, Series 1985; fixing their form and specifications; directing their execution and delivery; and providing for their payment." The motion passed 7-0. None. PETITIONS, REQUESTS, COMMUNICATIONS -221- City Council meeting minutes December 16, 1985 RESOLUTIONS AND ORDINANCES 8a. Tax forfeit land Resolution Z=9 85-229 entitled "Resolution land shown on classification of Hennepin County." The motion passed 7-0. 8b. Official City newspaper Resolution85-230 It was moved by Councilman Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution approving designation of nonconservation list 679 -NC by Board of County Commissioners 85-230 entitled "A resolution year 1986." The motion passed 7-0. 8c. Kunerth variance Resolution 85-231 It was moved by Councilman Strand, seconded by Councilman Friedman to waive reading and adopt Resolution designating legal newspaper for calendar his feeling that some confusion request during the recent changes Councilman Backes said that he asked resolutions of approval as well as denial be before Council that evening. It was had arisen over Mr. Kunerth's variance in Council membership. It was moved by Councilman Backes, seconded by Councilman Meland to waive reading and adopt resolution of approval No. 85-231 entitled "A resolution granting variance in lot width, lot area and side yard setback from Section 14-133(5) of the ordinance code relating to zoning to permit the division of a lot resulting in a lot width of 50.66 ft. instead of the required 60 ft. and an area of 5,401 sq. ft. instead of the required 7,200 sq. ft., and further resulting in an existing house having a side yard setback of 7 ft. instead of the required 9 ft. for property located in the R-2, single family residence district, at 1825 Dakota Ave." The motion passed 4-3 (Councilmen Duffy, Strand, Mayor Hanks opposed). 8d. Cable system transfer Second reading of an ordinance re proposed cable system transfer It was moved by Councilman Meland, seconded by Councilman Mitchell to continue this item to January 6, 1986. The motion passed 7-0. 8e. Monterey Place Apartments Multifamily housing revenue bonds Mark Hagerty, Miller & Schroeder, said he was available to answer questions. Councilman Strand asked if there were a breakdown of fees going to the developer. -222- City Council meeting minutes December 16, 1985 John Larson, representing the developer said approximately $45,000. In answer to a question from Councilman Friedman re rental prices, Mr. Larson said $650-895 per month, with 20% of the total units designated for low to moderate income tenants. Councilman Friedman wondered how low -moderate income residents could afford those high rents, to which the response was that they were 3 -bedroom units. Councilman Mitchell asked what conversion was planned for the project, to which Mr. Larson responded finishing touches, installation of insulation, washers & dryers and items of that nature. Councilman Mitchell asked if the Council did not approve the funding, what would happen. Mr. Larson responded that since the bank owns the building, it did not know what they might do. Councilman Mitchell expressed his concern about this project not reflecting the real intent of the bonding program. He felt it was never intended to be for low and moderate income families and now trying to make it so is wrong. Councilman Strand asked if the City received a fee for facilitating a project of this type, to which the City Manager responded the City received a standard fee for all bonding projects. It was moved by Councilman Duffy, seconded by Councilman Backes to approve the project. The motion failed 3-4 (Councilmen Friedman, Mitchell, Strand, Mayor Hanks opposed). 8f. Bor-Son/Plesko project It was moved by Councilman Resolution 85-232 Mitchell, seconded by Councilman Duffy to waive reading and adopt Resolution 85-232 entitled "Resolution authorizing a project and housing program under Minnesota Statutes, Chapter 462C (Municipal Housing Programs) and authorizing the issuance of multifamily housing revenue bonds to finance the project and program and authorizing the in therewith (Park Blvd. execution of various documents connection Towers project)." The motion passed 7-0. 89. Jop a Lane Apartments Councilman Strand abstained from voting on this item as Resolution - the law firm he works for repre- sents the lender. -223- It was moved by Councilman Duffy, seconded by Councilman Backes to waive reading and adopt Resolution 85-233 entitled "Resolution relating to a $1,400,000 City of St. Louis Park, Minnesota, multifamily housing development revenue note; authorizing the issuance thereof pursuant to Minnesota Statutes, Chapter 462C." The motion passed 6-0-1 (Councilman Strand abstained). 8h. Walker Place Apartments It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt resolution 85-234 entitled "Resolution authorizing the issuance of City of St. Louis Park, Minnesota $8,700,000 multifamily rental housing revenue bonds (Walker Place Apartments project), Series 1985." The motion passed 7-0. 8i. Oakmont Place Apartments the City has not yet signed. Councilman Friedman said he could not support this project, as it is based on an agreement It was moved by Councilman Duffy, seconded by Councilman Backes to waive reading and adopt Resolution 85-235 entitled "A resolution of the City of St. Louis Park, Minnesota authorizing the issuance of a$8,715,000 housing development revenue note (Oakmont Place project), Series 1985." The motion passed 6-1 (Councilman Friedman opposed). 8j. 1986 salary adjustments It was moved by Councilman Meland, seconded by Councilman Friedman, to waive reading and adopt Resolution 85-236 entitled "A resolution revising the position classi- fication plan and amending Resolution No. 84-221 effective January .1, 1985." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Storm sewer easement Resolution85-237 Confinement of storm sewer easement It was moved by Councilman Duffy, seconded by Councilman Mitchell to waive reading and adopt Resolution 85-237 entitled "Resolution confining a storm sewer easement at 4060 Utica Avenue." The motion passed 7-0. 9b. Sanitary sewer construction It was moved by Councilman Resolution 85-238 Strand, seconded by Councilman Meland, to waive reading and adopt Resolution 85-238 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertise- ment for bids for Improvement No. 85-19: Sanitary sewer reconstruction." The motion passed 7-0. -224- City Council meeting minutes December 16, 1985 9c. Farr bond reductions Bond reduction, Darrel Farr eso u ions - 85-240 2nd and 3rd additions It was moved by Councilman Duffy, seconded by Councilman Meland to waive reading and adopt the following resolutions: No. 85-239 entitled "Resolution reducing performance bonds for Sunset Ridge 2nd addition; and No. 85-240 entitled "Resolution reducing performance bonds for Sunset Ridge 3rd addition." The motion passed 7-0. 9d. Bond release, Farr eso u ion - adopt Resolution 85-241 entitled work and authorizing release of bond Sunset Ridge 1st addition." The motion passed 7-0. 9e. Park Pointe Apartments eso u ion - It was moved by councilman Mitchell, seconded by Councilman Meland, to waive reading and "Resolution accepting completion of for Darrel Farr Development corporation, Bond release It was moved by Councilman Mitchell, seconded by Councilman Friedman, to waive reading and adopt Resolution 85-242 entitled "Resolution accepting completion of work and authorizing release of bond for Brutger Companies, Inc. (Park Pointe Apartments). The motion passed 7-0. 9f. Parking restrictions Revision to parking restrictions, eso u ion - 32nd, 33rd blocks of Florida and Georgia Avenues. Councilman Strand said there is some conflict between the school board and the City over these parking restrictions and that he would be available to attend any meetings on the subject. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 85-243 entitled "Resolution authorizing the installation of traffic control signs on the west side of Georgia Ave. from 3224 to 32nd St. between 8 a.m. and 4 p.m. on school days." The motion passed 7-0. 99• Westwood Lake manhole sealing It was moved by Councilman Resolution 85-244 Meland, seconded by Councilman Mitchell to waive reading and adopt Resolution 85-244 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 86-04: Sanitary manhole sealing across Westwood Lake." The motion passed 7-0. -225- City Council meeting minutes December 16, 1985 9h. Mpls. Fed. Jewish Services John Weiss addressed the Council relative to the request of Minneapolis Federation for Jewish Services' request for institution of a tax increment district on its property at Hwy. 7 and W. 36th St. Specifically, he was asking that the City adopt a resolution or motion, whichever was appropriate, stating the City's approval of creation of a tax increment district subject to all necessary review by City staff. This action would grandfather in their proposal should proposed federal legislation relative to TID so require. The Mayor asked if the Housing and Redevelopment District had approved this proposal, to which Councilman Duffy replied they had been approved as a housing district contingent on coming back with the remainder of their plans and an eventual public hearing. Mayor Hanks expressed his concern about this property being taken off the tax rolls should a tax increment district be approved. He said that in the beginning of this project, alternative options had been considered for this land. Mr. Weiss said that was true, that should a TID be approved, it would be off the tax rolls for a period of time. He felt that the overall value of the project would be enhanced for the remainder of the taxing period. Councilman Friedman wondered if the City would be hindered by this proposed preliminary agreement. Councilman Duffy said that the HRA has taken a similar action in that the project will come back and take a look at it, that at this point there was certainly nothing binding. A discussion followed as to what would be an appropriate action at this point. It was moved by Councilman Mitchell, seconded by Councilman Strand to receive the report for filing pending a decision from the Housing & Redevleopment Authority. The motion passed 1-0. 9i. Career development Employee Career Development Program It was moved by Councilman Meland, seconded by Councilman Strand to proceed with the program. The motion passed 7-0. 9j. Human Rights Commission minutes 9k. Park and Recreation ommission minutes 91. November financial repor 9m. 1986 buag—et The above reports were ordered filed by consent. -226- City Council meeting minutes December 16, 1985 10a. Boards and Commissions UNFINISHED BUSINESS Council briefly discussed attendance on the various boards and commissions It was moved by Councilman Backes, seconded by Councilman Duffy, to drop all commission members with attendance under 60%. There was some discussion about previously commission members with less than 60% attendance were sent a letter. Councilman Backes withdrew his motion. It was moved by Councilman Backes, seconded by Councilman Strand that a letter be sent to all commission members with 1985 attendance less than 60%. The motion passed 7-0. The following Council liaison appointments were made for 1986: It was moved by Councilman Backes, seconded by Councilman Meland, that Larry Mitchell be appointed as representative to the Suburban Rate Authority and that Thomas Duffy serve as alternate. (Resolution 85-246) The motion passed 7-0. 10b. Liquor license renewal It was moved by Allen Friedman, seconded by Councilman Duffy, that liquor licenses for Garcia's and Classic Motor Company be renewed. The motion passed 7-0. NEW BUSINESS Ila. Bituminous Roadway Time extension It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the change order (time extension) for Bituminous Roadway. The motion passed 7-0. llb. King's Inn Liquor license Liaison Alternate Planning Commission David Strand Allen Friedman Parks & Recreation Commission Allen Friedman + Lyle Hanks Board of Zoning Appeals Thomas Duffy Keith Meland Building Construction Codes Ronald Backes Larry Mitchell Community Relations Commission Ronald Backes David Strand Human Rights Commission Lyle Hanks Thomas Duffy Cable TV Advisory Commission Larry Mitchell Allen Friedman Comm. Ed. Policy Advisory Comm. Keith Meland Thomas Duffy It was moved by Councilman Backes, seconded by Councilman Meland, that Larry Mitchell be appointed as representative to the Suburban Rate Authority and that Thomas Duffy serve as alternate. (Resolution 85-246) The motion passed 7-0. 10b. Liquor license renewal It was moved by Allen Friedman, seconded by Councilman Duffy, that liquor licenses for Garcia's and Classic Motor Company be renewed. The motion passed 7-0. NEW BUSINESS Ila. Bituminous Roadway Time extension It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the change order (time extension) for Bituminous Roadway. The motion passed 7-0. llb. King's Inn Liquor license City Council meeting minutes December 16, 1985 Mayor Hanks asked if approval of King's Inn license could be held in abeyance until some decision was made about their locating in the redevelop- ment area. He was informeW the City Attorney this was not possible. It was moved by Councilman Meland, seconded by Councilman Mitchell to approve renewal of King's Inn liquor license. The motion passed 7-0. llc. Handicapped accessibility Bid tabulation It was moved by Councilman Meland, seconded by Councilman Duffy, to designate David Volkmann as the lowest responsible bidder and authorize execution of a contract with his firm. The motion passed 7-0. lld. Hayes Construction Time extension It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve the change order (time extension). The motion passed 7-0. Ile. Richmar Construction Time extension It was moved by Councilman Meland, seconded by Councilman Meland, seconded by Councilman Mitchell, to approve the change order (time extension). The motion passed 7-0. llf. Public Officials Liability Insurance The City Manager pointed out there were a couple of savings, resulting in a reduction of $58,742. Councilman Friedman asked about insurance on the Council members, to which the City Manager responded that was renewable in March. It was moved by Councilman Friedman, seconded by Councilman Strand, to direct the City Manager to explore with other City Managers the formation of a committee to explore self-insurance and to ascertain who might be willing to serve on such a committee. The motion passed 7-0. It was moved by Councilman Mitchell, seconded by Councilman Friedman, that staff develop an ordinance whereby the City will stand behind the City Council and its actions. Councilman Strand suggested indemnification and defense costs be incorpora- ted into such an ordinance. -228- The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Duffy, to defer action on the public officials liability insurance to the year-end meeting on December 31, 1985. The motion passed 7-0. MISCELLANEOUS 12. Claims Debra Combs, Cindy A. Werden Dean R. Austad, 2953 Brunswick Ave. John Momoh, 166 W. George St., St. Paul By consent, the claims were referred to the City Clerk and City Attorney. 12b. Communications from Mayor The Mayor reminded Council of the Centennial kick-off on New Years Eve. The year-end meeting of the Council was set for December 31 at noon/ 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Friedman, seconded by Councilman Duffy, that the list of verified claims prepared by the Director of Finance dated December 16, 1985 in the amount of $475,274.96 for vendor claims and $7,469.47 for payroll claims be approved and that the City Treasurer and City Manager be authorized to issue checks in the appropriate amounts. The motion passed 7-0. 13b. Contract payments 1. Craig Turf. Sodding, Shelard Park. Amount: $7,618.91. It was moved by Councilman Meland, seconded by Councilman Mitchell to approve and authorize payment. The motion passed 7-0. _ 14. Adjournment It was moved by Councilman Friedman, seconded by Councilman Duffy to adjourn the meeting at 10:05 p.m. W rte. y r mi ecor �n etre ary