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HomeMy WebLinkAbout1985/08/19 - ADMIN - Minutes - City Council - RegularMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 19, 1985 1. Call to Order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None. 3. Roll Call. The following Council members were present at roll call: Ronald Backes Larry Mitchell Thomas Duffy Lyle Hanks Keith Meland Also present were the City Manager, City Attorney, Director of Public Works, Director of City Development. 4. Approval of Minutes It was moved by Councilman Duffy, seconded by Councilman Mitchell to approve the minutes of the administrative hearing held August 5, 1985. The motion passed 5-0. It was moved by Councilman Backes, seconded by Councilman Mitchell to approve the minutes of the City Council meeting held August 5, 1985. The motion passed 5-0. It was moved by Councilman Mitchell, seconded by Councilman Duffy, to approve the minutes of the study session held on August 12, 1985. The motion passed 4-0-1 (Councilman Meland abstained). 5. Approval of Agenda agenda for August 19, 1985. The motion passed 5-0. It was moved by Councilman Mitchell seconded by Councilman Backes to approve the consent It was moved by Councilman Duffy, seconded by Councilman Meland, to approve the agenda for August 19, 1985 with the following addition: 8i. Tamarind project: Preliminary approval. The motion passed 5-0. -129- City Council meeting minutes August 19, 1985 PUBLIC HEARINGS 6a. Kafitz variance eso u ion - 17 Request for a variance: Kafitz, I 3558 France Ave. So. 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 Mitchell to waive reading and adopt Resolution No. 85-111 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance Code relating to zoning to permit a covered porch having a rear yard setback of 12 feet instead of the required 35 feet for property located in the R-1, single family residence district, at 3558 France Ave. So." The motion passed 5-0. 6b. Goldman variance request Variance request: Goldman,' 2525 Zinran Ave. Mr. Kampel, whose parents live behind the applicant on Yukon, felt , the variance should not be granted because the application did not meet the test of hardship. i Mr. Goldman asked that the variance be approved to permit them to add a family room. He said that the house is presently too cramped to accommodate his family. It was moved by Councilman Mitchell, seconded by Councilman Backes to continue the public hearing to September 3, 1985. The motion passed 5-0. None. PETITIONS, REQUESTS, COMMUNICATIONS RESOLUTIONS AND ORDINANCES 8a. Sign ordinance Second reading of sign ordinance Ordinance No. 1658-85, 1659-85 amendments: Chapter 13, part 7; Section 141.85 Councilman Meland raised a question relative to political signs, questionning the appropriateness of the City regulating political campaigns especially campaigns for State offices. For example, the number of campaigners in a given election vs. the space available on a resident's lawn. -130- City Council meeting minutes August 19, 1985 He wondered if the City had any jurisdiction over non -City elections relative to the posting of political camlpaign signs. The Zoning Inspector said such a restriction could conceivably fall under the freedom of speech area. Councilman Duffy suggested that sentence could be deleted. Councilman Mitchell suggested incorporating language which would reference this applying only to City elections. Councilman Meland asked that a closer 1880giepefining this condition. It was moved by Councilman Backes, seconded by Councilman Duffy to waive second reading and adopt Ordinance No. 1658-85 relating to Chapter 13-7 (licensing of signs) and Ordinance No. 1659-85, Section 141.85, (zoning). Councilman Mitchell wanted the record to show that he was voting for the totality of the sign ordinance, out he does not support the billboard section. The motion passed 5-0. I Councilman Backes wanted all staff members involved in this process 1 to be thanked for their efforts. Mayor Hanks wanted to thank the Council members who had been involved in this process for their long-time efforts on this project. 8b. 2902 Flag Ave. Removal of 2902 Flag Ave. from eso u ion o. 85-118 State sale of lands It was moved by Councilman Meland, seconded by Councilman Duffy to waive reading and adopt Resolution No. 85-118 entitled "Resolution authorizing application for conveyance of tax forfeit lands." Councilman Meland alluded to the petition received from residents of the neighborhood in favor of the City's retaining the parcel. Councilman Mitchell moved that the matter be referred back to the Planning Commission. He said he had walked the property and that it was a nice lot. The motion died for lack of a second. Councilman Mitchell felt this was a question of fairness. He said the lot was buildable and why should the City be expected to maintain it. Mayor Hanks felt that Council had to evaluate how any given piece of property stacks up with what Council decides to sell. He reminded Council that the property on Lake Victoria still stands as is when the neighborhood asked that it not be sold. He wondered what the cost City Council meeting minutes August 19, 1985 8d. 8e. was to maintain this property. The City Manager responded that it did not have a figure, but if the intent is for the property to be a buffer from the railroad tracks, then let it truly become a buffer. Councilman Mitchell felt if it was not to be sold, then the City should not expend funds to maintain it. The motion passed 4-1 (Councilman Mitchell opposed). Louisiana Ave. homes Sale of homes on Louisiana Ave. Councilman Mitchell said he could support alternative #4 but in the event the home were sold, he would want the sale to be restricted to owner -occupied or called. He asked thatthe MH FA be explored relative to first-time homeowners and for staff to look at ways the City might assist first-time homeowners. It was moved by Councilman Mitchell, seconded by Councilman Meland to waive first reading and set second reading for September 3, 1985 The motion passed 5-0. Resolution of approval: Davis It was moved by Councilman Meland, Resolution No. 85-119 seconded by Councilman Backes, to waive reading and adopt Resolution 85-119 entitled "A resolution granting variance in side yard setback from Section 14-112(3) of the ordinance code relating to zoning to permit a new garage with a side yard setback of 3} feet adjoining a side street instead of the required 15 feet for property located in the R-1 single family residence district at 2701 Kipling Ave." The motion passed 5-0. Rental bond program Multiple family rental bond program Amendments to page 50 It was moved by Councilman Meland, seconded by Councilman Mitchell to defer action until the Metropolitan Council has completed its work. The motion passed 5-0. 8f. Park Ridge project eso u ion No. 85-120 Final resolution Councilman Backes raised a question relative to the list of repairs attached to the report. -132- City Council meeting minutes August 19, 1985 Marcia Cohotos, representing bond counsel, said that a percentage of funding will be turned back into the program for repairs and rehabilitation as required by law. The City Manager asked about the garages listed. The developer reported that this item was not being considered at this time and that HUD has a report on the item. It was moved by Councilman Backes, seconded by Councilman Duffy to waive reading and adopt Resolution No. 85-120 entitled "Resolution authorizing the issuance of the City of St. Louis Park, Minnesota, mortgage revenue bonds (Park Ridge Apartments), in the aggregate principal amount of $2,456,889.05, which bonds and the interest and premium thereon shall be payable solely from the revenues derived from the financing agreement; prescribing the form of and authorizing the execution of an indenture, a financing agreement and a regulatory agreement; authorizing the execution and sale of the bonds and directing delivery thereof; authorizing acceptance of the bond purchase agreement in connection with the bonds; consent- ing to the distribution of a preliminary official statement and a form of final official statement and providing for the securities, rights and remedies of the holders of said revenue bonds." The motion passed 4-1 (Mayor Hanks opposed) B9. Resolution of denial: Kendale It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 85-121 entitled "A resolu- tion of findings regarding the application of Kenneth W. Tschida (Kendale, Inc.) to change the zoning classification from R-1, single family residence district to R-4, multiple family residence district, under Section 14-222 of the St. Louis Park Ordinance Code relating to zoning on property located at 2551-2581 Vernon Ave. So." The motion passed 5-0. 8h. Variance extension: Victor Carlson eso dution - It was moved by Councilman Duffy, seconded by Councilman Mitchell to waive reading and adopt Resolution No. 85-122 entitled "Resolution extending expiration date by 90 days under Section 14-210.8 of the zoning ordinance for variance, Victor Carlson & Sons, Inc. granted by Resolution No. 85-154 dated Sept. 17, 1984." The Mayor noted that this extension would run for one year. The motion passed 5-0. -133- City Council meeting minutes August 19, 1985 8i. Tamarind Councilman Backes said he had received a call that afternoon relative to a portion of the Sunset Ridge Apartments development relating to a change in the partnership. Councilman Mitchell said he could take no action for lack of informa- tion. It was moved by Councilman Mitchell, seconded by Councilman Meland to defer the item to September 3, 1985. The motion passed 4-1 (Councilman Backes opposed). REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Target special permit Don Wiski, Resolution, Inc., asked for a renewal of the special permit approved in 1981. He briefly reviewed the aim of the development relative to the Housing and Redevelopment Authority. He reitereated the reason for this present request because of Target's inability to complete construction because of the Highway 100/W. 36th St. interchange project. A lengthy discussion followed relative to the legal issues involved in the project and the HRA's position on the building permit, zoning change and related issues. Attorney Mike Galvin further expounded on the legal aspects of the matter, stating if HRA provisions were met, a permit should be issued or the City should take over the property. He said the HRA's role is one of advisory to the City Council, and he would request the Council to take action on the matter that night. When questioned, Dick Brooks, Target Stores, said the opening is planned for July of 1981 and that Target has never intended to sell the property. It was moved by Councilman Backes, seconded by Councilman Duffy to authorize preparation of a resolution of approval for the September 3, 1985 meeting. The motion passed 4-1 (Councilman Mitchell opposed). 9b. Fair Labor Standards Act on the Fair Labor Standards Act. The motion passed 5-0. It was moved by Councilman Meland, seconded by Councilman Duffy to adopt staff's position paper -134- City Council meeting minutes August 19, 1985 9c. Demolition: 37th St. Demolition at 6319 and 6335 37th St. It was moved by Councilman Meland, seconded by Councilman Backes, to designate Carl Bolander & Sons as the lowest responsible bidder and authorize execution of a contract with that firm. The motion passed 5-0. 9d. Meadowbrook parking Mayor Hanks asked if this proposed addition to parking would interfere with the green space on this property. Councilman Duffy said this would not be a problem as that area is not used by anybody. It was moved by Councilman Duffy, seconded by Councilman Mitchell to direct staff to continue working with the property owner to accommodate the additional parking places. The motion passed 5-0. 9e. Traffic study: Blackstone/29th It was moved by Councilman Meland, seconded by Councilman Duffy, to table this matter. The motion passed 5-0. 9f. Highway 7 development Highway 7 development and TIF district It was moved by Councilman Duffy, seconded by Councilman Meland to proceed with strategy and design for improvements along the Highway 7 corridor. The motion passed 5-0. 99. Shelard rock garden It was moved by Councilman Meland, seconded by Councilman Mitchell to authorize execution of a contract with Rice Creek Gardens to complete phase two of the Shelard Park rock garden at a contract cost of $7,200. The motion passed 5-0. 9h. NRA/City Council meeting minutes July 30 9i. BOZA meeting minutes July 25 9j. Planning Commission minutes Aug. 7 9k. July financial report 91. Cable TV Advisory Commission minutes By consent, the starred items were ordered filed. UNFINISHED BUSINESS 10• Boards and Commissions - interviews with be scheduled for one opening on BOZA -135- City Council meeting minutes August 19, 1985 10b. Freeman property It was moved by Councilman Meland, seconded by Councilman Duffy to direct that staff prepare a Use Restriction Agreement and bring it back to Council on September 3, 1985. The motion passed 4-0-1 (Councilman Backes abstained). 10c. Community Relations Commission CRC -Revising of enabling legislation Mayor Hanks commented that some of the items in the proposed resolution were never originally intended to be part of the CRC's agenda, for example, review of budgets and ordinances. It was moved by Councilman Mitchell to delete those items from the proposed resolution. The motion was seconded by Councilman Meland. Councilman Mitchell then amended his motion to refer the matter to a study session, which was agreeable to Councilman Meland The motion as amended passed 5-0. NEW BUSINESS Ila. Bid tab: Paving, curb/gutters It was moved by Councilman Duffy, seconded by Councilman Meland, to designate Barber Construction as the lowest responsible bidder and authorize execution of a contract with that firm in the amount of $148,457.61. The motion passed 5-0. llb. Assessment hearing schedule It was moved by Councilman Mitchell, seconded by Councilman Backes to approve the proposed assessment hearing schedule. The motion passed 5-0. llc. Change order: Ottawa/Belt Line It was moved by Councilman Meland, seconded by Councilman Duffy to approve Change Order No. 3, Project 83-07, Ottawa Ave/Belt Line Blvd. The motion passed 5-0. 12. Claims MISCELLANEOUS Mrs. Max Tilsner, 2904 Sumter Ave. Lang vs. St. Louis Park et al By consent, the claims were referred to the City Clerk and City Attorney. -136- City Council meeting minutes August 19, 1985 12b. Communications from Mayor 12c. Communications from City Manager Mayor Hanks gave a brief update on the Centennial happenings. The City Manager attention to the annual report. called Council's Fire Department's Councilman Meland asked that the City Manager prepare a report for Coun- cil on youth football as discussed by the Policy Advisory Committee. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the list of verified claims prepared by the Director of Finance dated August 19, 1985 in the amount of $340,280.83 for vendor claims and $28,419.04 for payroll claims and that the City Manager and City Treasurer be authorized to issue check in the appropriate amounts. The motion passed 5-0. 14. Adjournment It was moved by Councilman Meland, seconded by Councilman Duffy to adjourn the meeting at 9:43 p.m. mi ecor ung ecre ary The motion passed 5-0. -137- W, ayor