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HomeMy WebLinkAbout1985/08/05 - ADMIN - Minutes - City Council - Regular (2)1. Call to Order 2. Presentations 3. Roll Call MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 5, 1985 The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. None. The following Council members were present at roll call: Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Jerrold Martin Richard Strohl Lyle Hanks Also present were the City Manager, City Attorney, Director of City Development and Director of Public Works. 4. Approval of Minutes It was moved by Councilman Strohl, seconded by Councilman Duffy, to approve the minutes of the July 15, 1985 City Council meeting with the following correction: the vote on item 7a should be 6-0 as Councilman Meland was out of the chambers during the vote. It was moved by Councilman Backes, seconded by Councilman Mitchell to approve the minutes of the July 25, 1985 study session. The motion passed 5-0-2 (Councilman Stroh], Mayor Hanks abstained). 5. Approval of Agenda It was moved by Councilman Meland, seconded by Councilman Martin to approve the consent agenda for August 5, 1985. The motion passed 7-0. It was moved by Councilman Mitchell, seconded by Councilman Martin to approve the agenda for August 5, 1985 with the following addition: Item 7b. The motion passed 7-0. PUBLIC HEARINGS 6a. Holy Family: Beer license Holy Family Church: Request for a 3.2 beer license. 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 Strohl, seconded by Councilman Duffy to approve the temporary license. The motion passed 7-0. 6b. Kendale, Inc. 6c Request for zoning change and preliminary plat Mr. Ken Tschida, the developer, said he was willing to amend his request from R-4 to R-3 zoning. Councilman Martin asked what would be built there, to which Mr. Tschida replied he would explore other alternatives that could be constructed on the property. Councilman Martin asked if Mr. Tschida had ever met with the neighbor- hood. Mr. Tschida responded he had not met with them as a group, but had gone door-to-door in the area. He said the neighborhood only wants single-family homes which is not possible because of the soils. He said he did meet with a group of neighborhood residents after the Planning Commission meeting. Councilman Martin said he couldn't support any rezoning until he had a better idea of what was planned for the land. He asked if the PUD zoning was not more complex than just asking for it. The City Attorney said that was correct, that there was a procedure which must be followed after submittal of a request. Councilman Martin asked if a filing fee could be waived should he submit a new proposal. The City Manager said Council certainly has the right to waive a fee, but that he would not recommend that action in this instance. He said the fee covers paperwork involved, staff time, etc. Councilman Mitchell asked if Mr. Tschida had discussed R-3 zoning with anyone on staff, and Mr. Tschida said he had spoken to the department secretary about it but no one else. Councilman Martin said he felt there was something that could be worked out amicably for this property but that Mr. Tschida would have to meet with the neighborhood to hear their input. Lynn Clark, representing the owner of the property, said they would find R-3 zoning acceptable which would allow 20 units. She noted that the Comprehensive Plan called for high density, but that the zoning was R-1 (single family homes). She felt there would be less traffic generated from townhomes than from 6 to 7 single family homes. Mayor Hanks said that the Planning Commission is currently in the process of bring the Comprehensive Plan and zoning specifications into conformance. Several residents of the area spoke in opposition to the applicant's request, as well as neighborhood spokesman, Stu Young. -121- City Council meeting minutes August 5, 1985 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 Strohl, seconded by Councilman Mitchell to authorize preparation of a resolution of denial with findings. The motion passed 7-0. Relative to the preliminary plat, Ms. Clark said she assumed the plat would not be approved without approval of the rezoning. The Director of City Development said that was correct. Ms. Clark wondered if a plan could be revised later, to which the Mayor responded he would think a plat should be what they would want approved. It was moved by Councilman Mitchell, seconded by Councilman Duffy to deny the preliminary plat. The motion passed 7-0. 6d. Sign ordinance amendments James Campbell of the commercial real estate board was present. He alluded to an inconsistency in the proposed amendments The Assistant to the City Manager referred to the report before Council and how this apparent discrepancy would be rectified within the amendments to the ordinance. 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 said he was still dissatisfied with the amortization portion of the ordinance. He said he felt if there were a good sign, it would be a shame for it to have to be removed in 1995. He felt it was appropriate for replacement signs to conform. He also felt the amendments were anti off -premises signs. Councilman Mitchell asked what areas of the proposed ordinance had changed since Council had discussed this matter. The Assistant explained changes were made in the part about enforcement of the ordinance and in the area of footnotes to the matrix. Councilman Mitchell asked about the section on political signs, to which the Assistant said this section was in tact from the revisions made by Council in the late 10s. A discussion followed relative to how many faces a political sign had and how that figured into total area permitted. -122- City Council meeting minutes August 5, 1985 It was then moved by Councilman Martin, Mitchell to make the following change to In section (a) the first line shall read: more than two faces." Section (d) was deleted. The motion passed 7-0. seconded by Councilman Section 14-185.05(3): "No sign shall have Councilman Duffy asked that the issue of both sides being counted as total area be further researched. He referred to page 9 and the section on lighting. He felt it should be made clear that what was being prohibited was exposed neon lighting, not signs lighted from behind. Relative to plastic letters affixed to . buildings, he felt it was quibbling to designate how letters can be affixed. He also could not agree with amortization date and felt it would be fairer if it were changed to 2000. It was moved by Councilman Strohl, seconded by Councilman Duffy to waive first reading and set second reading as amended for August 19. It was moved by Councilman Martin, seconded by Councilman Duffy to amend the year to 2000. The motion passed 7-0. The motion of Councilman Stroh] passed 6-1 (Councilman Martin opposed.) 6e. Davis: Request for variance Variance request: 2701 Kipling John Davis, applicant, recapped his request to construct a garage on his property at 2701 Kipling which had been denied by the Board of Zoning Appeals. Two of Mr. Davis' neighbors, Dave Witwer and Sydney Rich, spoke in favor of Mr. Davis' request. 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 Strohl, to authorize preparation of a resolution of approval. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Canopy: Belt Line Business Park Len Thiel, representing Klodt Development, said he was present to answer any questions. It was moved by Councilman Martin, seconded by Councilman Backes, to delay construction until approval of the final plat. The motion passed 7-0. -123- 0 City Council meeting minutes August 5, 1985 1b. M. Traffic study Mayor Hanks referred to a letter from a resident of the 29th St. and Blackstone Ave. area who requested that a traffic study be done. Council so authorized a study be conducted. 2902 Flag Ave. RESOLUTIONS AND ORDINANCES Removal of 2902 Flag Ave. from State sale of lands It was moved by Councilman Meland, seconded by Councilman Backes to waive reading and adopt resolution. Councilman Mitchell asked if any improvements could be carried out which would make the lot buildable. The City Manager said some grading would be required. Councilman Meland said there would have to be an opening made from the cul-de-sac. Len Thiel said that the lot abuts the railroad tracks. He said disrupture of the foliage will intensify the shaking of the ground that now occurs whenever trains go by. It was moved by Councilman Martin, seconded by Councilman Mitchell to continue this matter until more information is made available to the Council. The motion passed 7-0. 8b. Banks: Special permit Banks: Request for time extension on approved special permit Councilman Backes suggested the completion date on the resolution be changed to May 31, 1986. It was moved by Councilman Backes, seconded by Councilman Martin, to waive reading and adopt Resolution No. 85-111 entitled "A resolu- tion rescinding Resolution No. 85-46 adopted on April 16, 1984 and granting permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow retail sales and warehousing on property located in the DDD, diversified development district, at 1551 Vernon Ave. So." as amended. The motion passed 7-0. MKIC City Council meeting minutes August 5, 1985 8c. Boran Builders: Special permit Request for extension of approved Resolution No. 85-112 special permit It was moved by Councilman Martin, seconded by Councilman Stroh] to waive reading and adopt Resolution 85-112 entitled "A resolution rescinding Resolution No. 6721 adopted on December 1, 1980 and granting permit under Section 14-126(5) of the St. Louis Park Ordinance Code relating to zoning to allow a 34 -unit cluster housing for property located in the R-1 district at 1300-1356 Westwood Hills Rd." The motion passed 7-0. 8d. Renaming Betty Crocker Dr. Councilman Mitchell commented r finance No. 1657-85 that some residents fail to see the need for this name change. The City Manager explained it was felt there was confusion on the part of people coming off Betty Crocker Dr. to find themselves on.Shelard Parkway. It was moved by Councilman Strohl to reject the ordinance. The motion died for lack of a second. It was moved by Councilman Martin, seconded by Councilman Duffy to waive reading and adopt Ordinance No. 1657-85 entitled "An ordinance renaming Betty Crocker Drive." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Sale of homes: Louisiana Councilman Mitchell felt this process encourages non -owner occupied housing. He read a newspaper ad advertising the property for sale and felt it didn't create much interest in the marketplace to any potential buyer. He wondered how potential buyers were checked on. The City Manager responded that the usual channels were used, credit checks, for example. He said he felt the City did not really want to be in the real estate business. He was aware of the Minnesota Housing Finance Association's encouraging of owner occupancy, but did not know if there was any penalty for renting. Mayor Hanks felt maybe the City's pro ram of bu in homes and renting them out should be looked at more 2rosely. y 9 Mr. Ritenour, proposed buyer of the two homes, was asked how he could be renting one of the properties without owning it. Mr. Ritenour responded that he was subletting the property with the permission of the City. -125- City Council meeting minutes August 5, 1985 9b. 9c. 9d. It was moved by Councilman Mitchell, seconded by Councilman Strohl to defer the ite8 August 19, 1985 and see if a clause relating to owner occupanc� �V incorporated into purchase agreements. The motion passed 7-0. MSA improvement program Proposed five-year Municipal eso uMon - State Aid improvement program It was moved by Councilman Duffy, seconded by Councilman Backes to waive reading and adopt Resolution No. 85-113 entitled "Resolution approving five-year Municipal State Aid capital improvement program." The motion passed 7-0. Fire lane: Fuddrucker's It was moved by Councilman Martin, seconded by Councilman Strohl to waive reading and adopt Resolution No. 85-114 entitled "Resolution authorizing placement of traffic control signs establishing fire lanes at 6465 Wayzata Blvd." The motion passed 7-0. Revenue bond program eso u ion No. 85-115 Small and medium-sized industrial revenue bond program It was moved by Councilman Duffy, seconded by Councilman Martin to waive reading and adopt Resolution No. 85-115 entitled "A resolu- tion giving preliminary approval to a proposal for the issuance of bonds to finance a commercial rehabilitation loan program." The motion passed 7-0. 10a. Boards and Commissions None UNFINISHED BUSINESS NEW BUSINESS 11. None MISCELLANEOUS 12a. Claims Christopher Peters, 3153 Florida, SLP Goldie Goldberg, c/o Jerome Abrams By consent, the claims were referred to the City Clerk and City Attorney S City Council meeting minutes August 5, 1985 12b. Communications from Mayor 12c. Communications from City Manager None. The City Manager reported on the recycling program. He said that two items were proposed for the August 12 study session: strategic planning and manager evaluation The Manager brought up the matter of the Freeman property and that Plymouth wants the City to enfore the use restrictions at this property. Warren Spannus, representing Mr. Freeman, explained that it was his understanding Plymouth did not want to get involved in something not covered by their ordinance. Another issue is who will pay attorneys' fees in this or future actions. It was moved by Councilman Meland, seconded by Councilman Martin to authorize staff to draw up an agreement with the necessary stipulations. Mayor Hanks expressed his concern that the City might be setting itself up by trying to enforce something that was not even in St. Louis Park. He said he'd like to see if the City couldn't get an agreement with Plymouth first. He felt staff should see if the information received to date is Plymouth's position. Councilman Meland moved and Councilman Martin seconded that the motion be so amended. The motion passed 6-0-1 (Councilman Backes abstained). CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Meland, seconded by Councilman Martin that the list of verified claims dated August 5, 1985 prepared by the Director of Finance be approved in the amounts of $627,372.01 for vendor claims and $28,445.25 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 7-0. 13b. Contract payments Resolution NO. -116 85-116 entitled "Resolution 42nd b Zarthan." The motion passed 7-0. It was moved by Councilman Meland, seconded by Councilman Martin to waive reading and adopt Resolution accepting work on rebuilding Well #12 -127- ii City Council meeting minutes August 5, 1985 Contract payments - Partial It was moved by Councilman Meland, seconded by Councilman Meland, seconded by Councilman Strohl to approve the following partial payments: 1. Hayes Contractors, lift station #15. Amount: $8,236.50; 2. Richmar Construction, renovation of lift station at 32nd/Oregon. Amount: $32,167; 3. E. H. Renner & Sons, deep well 10 pump repair/development. Amount: $15,968.55; 4. Bury and Carlson, watermain/sanitary sewer. Amount: $31,214.25; 5. Painting Systems, clean & paint Reservoir #1. Amount: $28,262.25; 6. Ridgedale Electric, traffic signal. Amount: $25,147.45; 7. Rice Creek Gardens, 1315 66th Ave., Mpls., Shelard Park improvements. Amount: $4,911.50. The motion passed 7-0. 14. Adjournment It was moved by Councilman Duffy, seconded by Councilman Meland that the meeting be adjourned at 10:20 p.m. .�m Mi, e (Ord! ng bec—retary AIM. I -128-