HomeMy WebLinkAbout1986/10/20 - ADMIN - Minutes - City Council - Regular1. Call to Order
2. Presentations
3. Roll Call
MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
October 20, 1986
The meeting was called to order
by Mayor Lyle Hanks at 7:30
p.m.
George Bohland, Hennepin County
Health Department, gave a presenta-
tion on the services available.
The following Council members
were present at roll call:
Ronald Backes
Thomas Duffy
Allen Friedman
Larry Mitchell
David Strand
Lyle,Hanks
Also present were the City Manager, City Attorney, Director of Planning
and Director of Public Works.
4. Approval of Minutes It was moved by Councilman Strand,
seconded by Councilman Mitchell,
to approve the minutes of the
October 6, 1986 City Council budget session with the following correction:
Item 10, after the word account, insert "for the purpose of anticipated
increase in legal expenses."
The motion passed 6-0.
It was moved by Councilman Backes, seconded by Councilman Duffy, to approve
the minutes of the October 6, 1986 City Council meeting with the following
addition: Item 6j, pg. 215, third paragraph from end, insert after word
Synagogue, "A representative from the Synagogue was present but did not
address this item."
The motion as amended passed 6-0.
It was moved by Councilman Duffy, seconded by Councilman Strand, to approve
the minutes of the October 13, 1986 City Council study session.
The motion passed 6-0.
5. Approval of Agenda
The motion passed 6-0.
It was moved by Councilman Strand,
seconded by Councilman Duffy,
to approve the consent agenda
for October 20, 1986.
It was moved by Councilman Strand, seconded by Councilman Backes, to approve
the agenda for October 20, 1986. The motion passed 6-0.
City Council meeting minutes
Oct. 20, 19B6
6a. Daystar special permit
We—solution86-IIZ
PUBLIC HEARINGS
Special permit request: J. D. Inter-
national (Daystar), 2900-2940 Monterey
Ave. So.
Marjean Cooper addressed the Council and spoke in opposition to this project.
She alluded to the developer's other project in the area that was supposed
to be cluster housing for the elderly, but that this concept does not
appear in their advertising. She asked what guarantee would there be in
the proposed project that they will be owner -occupied, not become rental
properties.
Mayor Hanks explained that any change in the concept before Council this
evening would have to be brought back to Council.
The Director of Planning stated any homeowner may exercise his option
to rent his property.
Carmen VanWetring, 4604 Minnetonka, said when she purchased her home,
this area was a residential area. She expressed her concern over the increased
housing proposed along with the increase in traffic. She felt the City
should be concerned with people already living in the area.
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 Strand said questions had been raised by the Planning Commission
regarding the closeness of the units and that the architect said this
would be modified.
The Planning Director said he was in receipt of plan modifications to
the landscaped area and that the walkways had been made wider.
Councilman Strand felt this proposed development was not well timed what
with the other development taking place on Minnetonka Blvd., but he did
feel the rationale for voting against the special permit was not there.
He was of the opinion the development does not seem particularly well
suited to the location and may have an adverse impact on the neighborhood.
He noted that since he was not on the Council when the project was first
approved, his participation now was a bit late.
Councilman Friedman was concerned about the constant encroachment into
residential neighborhoods, both at this site and elsewhere in the City -
HP said he, toc. may have come into the process once it was underway,
out he must vote his conscience in thot this project is not beneficial
to the City. Just because it's been through the Planning Commission and
Comprehensive Plan processes does not mean it's a good project, that it
is right. He said no one has made a strong
enough case to convince him
that this particular area needs 20 3 -story townhouse units at this time.
On top of that, he felt the traffic generated would make the present
traffic problems horrendous.
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City Council meeting minutes
October 20, 1986
It was moved by Councilman Friedman, seconded by Councilman Strand, to
authorize preparation of a resolution of denial.
Councilman Mitchell said he had felt that initially it wasnot a good plan,
but that it has been improved on. He felt Council should be looking as
much as why its being denied as approving it, but that would be difficult
to do at this point. He said although he had reservations and shares the
concerns of Councilmen Friedman and Strand, he would support the request.
Mayor Hanks asked the Planning Director to briefly review the progress
of this proposal.
The Director said the project involved both a zoning change and a special
permit. The zoning change requires submission of both a preliminary and
final plat. Initially, the plan was found to be lacking as well as in
conflict with the Comprehensive Plan. There followed a three to four month
deferral period with re-examination of the proposal. A new preliminary
plan was approved and finally approval of a final PUD plan which
provided for 20 units of townhouses on the site.
Mayor Hanks said it was important to him that the Council approved the
PUD in July and thereafter the developer has moved forward now to the
point ofaspecial permit request which is the last opportunity for amendments
such as closeness of units, landscaping, walkway widening, etc. He said
it would be desirable if guarantees could be made for owner -occupied units
only; however, that is not possible.
Councilman Duffy stated that to all extent and purposes, this is a vacant
lot which cannot be used for single-family homes. He said the first time
around, the plan was not acceptable to anyone. The developer met with
the neighborhood, made accommodations and have come up with the present
plan. He felt Council should face reality and get the best results from
that. He said they were sizable units, all over 2,000 sq. ft., and he
did not see any more of a chance of them becoming rental units than the
single-family homes in the neighborhood becoming rental units. He felt
the developer had worked hard to accommodate the City Council and the
City and that they have done a relatively decent job.
Councilman Friedman didn't feel it was the Council's obligation to accommodate
a developer who owns a piece of property and can't fit single-family homes
on it. He felt the question was to whom does Council have an obligation
a developer or the people in the neighborhood and community at large.
He wondered who the ombudsman for the community was.
The motion failed 2-4 (Councilmen Backes, Duffy, Mitchell, Mayor Hanks
opposed).
It was moved by Councilman Duffy, seconded by Councilman Backes, to waive
reading and adopt Resolution 86-172 entitled "A resolution granting special
permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating
to zoning to permit the construction of 20 townhouse units for property
zoned PUD, planned unit development district, located at 2900-2940 Monterey
Ave. so."
The motion passed 4-2 (Councilmen Friedman, Strand opposed).
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City Council meeting minutes
October 20, 1986
6b. Vacation: Utility easement
Gerald Tesch briefly explained his request.
Request for vacation of a utility
easement at 8600 N. 25th St.
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 Strand, to waive
first reading of the ordinance, set second for November 3, 1986 and authorize
summary publication.
The motion passed 6-0.
6c. Special permit: Methodist Hospital Amendment to special permit:
Re—solution NO:bb-173-6500 Excelsior Blvd. (Methodist
Hospital
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 86-173 entitled "A resolution rescinding Resolution
No. 66-63 adopted on May 19, 1986, rescinding Resolution No. 7445 adopted
on August 15, 1983 rescinding Resolution No. 7254 adopted on October 4, 1982
and granting special permit under Section 14-123.100(2) and 14-141(3) of
the St. Louis Park ordinance code relating to zoning to allow the construction
of an addition, to amend the site plan by removal of a previously approved
addition and to permit excavation and placement of fill in the floodplain
for property located in the R-4, multiple family residence district and F-2
flood plain district at 6500 Excelsior Blvd."
The motion passed 6-0.
6d. Parking lot: 3977 Zarthan
Tesl� ution86-1/4
Special permit for parking lot
at 3977 Zarthan 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 Strand, to waive
reading and adopt Resolution 86-174 entitled "A resolution granting special
permit under Section 14-126(4) of the St. Louis Park Ordinance Code relating
to zoning to permit the construction of an off-street parking lot for property
zoned R-3, two family residence district, and B-2, business district, located
at 3977 Zarthan Ave. So."
The motion passed 5-1 (Mayor Hanks opposed).
6e. Preliminary Plat: Suburban Plumbing
would by a berm with plantings on top.
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Councilman Strand had concern
that the storage area be properly
screened. The City Manager said it
City Council meeting minutes
October 20, 1986
1
There being no one wishing to speak, the Mayor closed the hearing with the
right of Council to thereafter reopen and continue it at a future date.
It was moved by Councilman Strand, seconded by Councilman Friedman, to approve
the preliminary plat.
The motion passed 6-0.
6f. Vacation: Suburban Plumbing Vacation of right-of-way at 6215
W. 36th 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 Strand, to waive
first reading, set second reading for November 3, 1986 and authorize summary
i publication.
The motion passed 6-0.
6g. Open storage yard: Suburban Plumbing Preliminary special permit for
an open storage yard at 6215
-� W. 36th St.
I 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.
J It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve
the preliminary special permit subject to revisions.
The motion passed 6-0.
6h. Preliminary plat: 2651 Burd
Preliminary plat: Hausken Addition,
2651 Burd P1.
There being no one wishing to speak, the Mayor closed the hearing with the
right of Council to thereafter reopen and continue it at a future date.
It was moved by Councilman Mitchell, seconded by Councilman Backes, to approve
the preliminary plat.
The motion passed 5-0-1 (Councilman Friedman abstained).
6i. Alley vacation
Resolution --8-6--175
Vacation and rededication of
alley at 2701 Brunswick Ave.
There being no one wishing to speak, the Mayor closed the hearing with the
right of Council to thereafter reopen and continue it at a future date.
It was moved by Councilman Strand, seconded by Councilman Duffy, to waive
first reading, set second reading to November 3, 1986 and authorize summary
publication.
City Council meeting minutes
October 20, 1986
It was moved by Councilman Duffy, seconded by �� Councilman Strand to waive
reading and adopt Resolution 86-175 entitled A resolution accepting land
for dedication of easement for alley purposes".
The motion passed 6-0.
6j. Sign interpretation
Intepretation of zoning ordinance
for replacement of a sign at
8000 Minnetonka Blvd.
J. E. Brill, attorney, reviewed the history of this rooftop sign. He said Mr.
Stone wants to change the letters IGA on the sign to read Red Owl so as
to advertise that his store is part of the Red Owl chain. He noted the ordinance
prohibits rooftop signs; however, there is the amortization clause providing
for approximately 15 years to amortize those signs out of business. He
said the ordinance also prohibits rebuilding, relocation and altering of
such signs. He said. the Zoning Administrator has interpreted changing from
IGA to Red Owl is an alteration and thereby prohibited, and that was the
ruling they were appealing. He said they feel this is too harsh an interpretation
of the ordinance. He alluded to the tall brick pylon in Miracle Mile on
which the bank has been permitted to change its name.
Councilman Backes asked if this rooftop sign was not actually an extension
of one of the building's existing walls, that the vestibule was added later.
He asked if this fact would not allow room to interpret the ordinance a
little differently. As it is not a sign set on top of the building, but
a part of the original structure, it would seem it is a wall sign, not a
rooftop sign.
Allan Stone, 7010 W. 23rd St., the applicant, displayed a drawing of what
the sign would look like.
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 Friedman, seconded by Councilmnan Backes, to
approve the request for replacement of a sign
Councilman Duffy said he agreed with the Zoning Administrator's interpretation,
but he did see there was some difficulty in coming up with a definitive
answer to exactly what Council means re roof signs. He noted that agenda
item 7b was a request from the Board of Zoning Appeals asking for clarification
on sign provisions. He said he would support the present request and hoped
that further study would provide clarification and a better definition of
Council's intent. It was his intent that whenever there was a change proposed
in a rooftop sign, it was to be removed as a means of eliminating non -conforming
signs before the amortization period was up.
Councilman Mitchell felt the main thrust of the sign ordinance was to get
rid of rooftop billboards, not a sign such as was being discussed.
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City Council meeting minutes
October 20, 1986
thing
Mayor Hanks said the key word is alteration and certainly laasmaant repl�ment,
gore than merely changing paint. He did not viewrequestHe thou ht the
not a rebuilding, not a change in the use of the property. 9
Zoning Administrator was right in catching this and that the definition
Council came up with should be looked at.
The motion passed 6-0.
6k, Variance: 4164 Webster Request for variance: 4164 Webster
'RESTtUtMo- i
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 Strand, to waive
adopt Resolution 86-176 en
reading and titled "A resolution granting variance
in front yard setback fron Section 14-133(5) and Section 14-198(4) of the
ordinance code relating to zoning to permit the construction of a one-story
addition to the front of
the hue single familyback of residence3•districtnsata 4164
of
the required 26.3 ft n the R2
Webster Ave. So."
The motion passed 5-1 (Councilman Backes opposed).
61. Variance: 2614 Xenwood
Request for variance: 2614 Xenwood
Ave.
Bill John, 2614 Xenwood, said he was requesting a variance to build a two -car
garage. He said the Board of Zoning Appeals denied his request because it
would change the uniformity of the neighborhood. He said there aren't any
two -car garages and the City not would capp9eciate every two-care
wo car gare the looks of tha
ge r
ge built
It was his opinionY
as it would get more cars off the streets.
Matt Chambernick, 2620 Xenwood, said he was opposed to the garage as it
would be right next to his bedroom window.
Councilman Friedman pointed out an error in the sketch before Council which
showed the proposed garage abutting the neighbor's garage, not bedroom window.
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 Backes asked if Mr. John had not had a grading problem a few
years back with his driveway where it met the street. Mr. John said that
when the street was put in some 10 years ago, the City lowered it which
caused the problem where his driveway met the new street.
Councilman Backes asked that
there be a drop or a rise
there would be some rise.
if he expanded the garage and driveway, would
where the drive met the street. Mr. John said
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City Council meeting minutes
October 20, 1986
Councilman Duffy noted that BOZA had recommended construction of a garage
18.7 ft. and did Mr. John find that unacceptable.
Mr. John said that size was really not adequate for two mid- or full-size
cars.
It was moved by Councilman Strand, seconded by Councilman Backes to authorize
preparation of a resolution of denial with findings.
Councilman Strand said he felt this was too much encroachment and that the
applicant had a reasonable alternative to back it off a couple of feet,
and if he were going to do anything, that's what he should do.
Councilman Backes commented that as is known, he usually votes against variance
requests unless there are findings in accordance with the ordinance to allow
it. In the present case, there are not the findings as contained in the
ordinance to allow Council to approve it. He viewed it merely as a convenience
which he consistently votes against, in most cases.
Councilman Friedman said a decision would be easier if the neighbor didn't
object. On the other hand, he said he was usually in a dilemma on these
types of decisions. He felt there was a reasonableness as to how close one
gets to their neighbors, and in this case, there was concern about a garage
being so close to a neighbor's bedroom window. He could see both sides of
the argument, and the advantages of one being able to garage their cars.
The motion passed 5-0-1 (Councilman Friedman abstained).
6m. Roger's Petroleum
Amendment to a special permit:
5430 Minnetonka Blvd.
Jeff Ilstrup spoke on behalf of Roger's request. He displayed a photo showing
where they wished to place the sign.
Councilman Duffy asked if this sign was in addition to what already was
on the property. Mr. Ilstrup said the current signage is on a different
piece of property and advertises the service center, a different corporation.
He said the proposed sign would be of brick and will match the canopies
over the gas pumps.
Councilman Strand asked if there were two different owners of the two corporations,
and Mr. Ilstrup responded that Roger Ilstrup owned both.
Councilman Strand asked if one sign couldn't serve the entire operation.
Mr. Ilstrup said not really, as the convenience/gas store was trying to
attract the customers coming off Vernon Ave. and east down Lake St. and
Minr-Etonka Blvd.
Councilman Mitchell asked why the previous sign was removed and the Director
of Planning said it was at the time they remodeled and signs were no longer
allowed in the setback.
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City council meeting minutes
October 20, 1986
Councilman Mitchell said there seemed to be some sort of a tradeoff involved
with removal of the previous sign which they would now like waived in order
to place a new sign. He quoted from Roger's letter which alluded to the
many variances approved for Jet across the street. He recalled there had
been variances for Rogers as well. Relative to the landscaping, he asked
how much had been invested in the present landscaping which he felt was
hardly adequate.
Mr. Ilstrup
said the
curb would be extended, additional trees to be planted
and rock to
be laid.
He said there
was plenty of land available to accommodate
such a sign,
that it
would still
be 40 feet away from Vernon Ave. With the
proximity of
a 10,000 underground
gasoline storage tank, it was not possible
to meet the ordinance
requirements.
Councilman Friedman asked about other variances alluded to in Mr. Ilstrups
letter, such as the Mobil station on Excelsior Blvd. Councilman Duffy said
none of the variances referred to in the letter had been granted since the
sign ordinance was adopted.
The Director of Planning clarified the reference to a variance given to
asynagogue which in reality was approved for the Jewish Community Center.
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 Strand, seconded by Councilman Mitchell, to authorize
preparation of a resolution of denial with findings.
The motion passed 5-1 (Councilman Friedman opposed).
Councilman Backes noted the second half of the applicant's request re additional
signage on the westerly lot.
It was moved by Councilman Backes, seconded by Councilman Mitchell, to approve
the applicant's request for signage changes on the westerly lot as this
is within ordinance requirements.
The motion passed 6-0.
REQUESTS, PETITIONS, COMMUNICATIONS
1a. Raffle Notice by Knights of Columbus
of intent to conduct raffle
It was moved by Councilman Duffy, seconded by Councilman Backes, to approve
the request.
The motion passed 6-0.
7b• Request from BOZA Request from Board of Zoning
Appeals for clarification of
sign provisions
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City council meeting minutes
October 209 1986
reading and adopt Ordinance No. 1698-86 entitled "An ordinance
the St. Louis Park Ordinance Code related to liquor liability
by revision of Section 13-120 and addition of Section 13-120.101"
amending
insurance
The motion passed 6-0.
8c. MnDOT/1-394/CSAR 18
eso u on -
Resolution requesting
to include watermain and
sewer as part of the 1-394
MnDOT
sanitary
project
in the area of
CSAH 18
It was moved by Councilman Strand, seconded by Councilman Mitchell, to waive
reading and adopt Resolution 86-177 entitled "Resolution requesting the
Minnesota Department of Transportation to provide for necessary watermain
and sanitary sewer improvements related to I-394 construction."
The motion passed 6-0.
it was moved by Councilman Strand, seconded by Councilman Friedman to establish
the public improvement and set a public hearing for November 17, 1986.
The motion passed 5-0-1 (Councilman Backes abstained).
8d. Audit
ell—solution 86-178
Post audit of City's accounts
and records for 1986
It was moved by Councilman Strand, seconded by Councilman Duffy, to waive
reading and adopt Resolution 86-178 entitled "Resolution providing for the
employment of George M. Hansen Company to audit the accounts and records
of the Ci ty for the 1986 f i scal year. "
The motion passed 6-0.
Councilman Friedman asked if the Housing and Redevelopment Authority was
audited, and Councilman Duffy said it was.
Councilman Strand asked if there would be any economy in having the City
and HRA audits done by one f i rm.
The City Manager said they would check into it.
Be. Park Blvd. Towers
eso u ion -
Park Blvd. Towers - Multifamily
housing
It was moved by
Councilman Strand seconded by Councilman Duffy to waive
reading and adopt Resolution 86-179 entitled "Resolution providing for amendment
relating to $17 million variable rate demand purchase multifamily housing
revenue bonds Series 1985 (Park Boulevard Towers project).
The motion passed 6-0.
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City Council meeting minutes
October 20, 1986
8f. GAC plant
esR so ufion 86-180
Resolution accepting the ownership
transfer of the GAC plant from
Reilly Tar b Chemical
It was moved by Councilman Duffy, seconded by Councilman Backes, to waive
reading and adopt resolution 86-180 entitled "A resolution by the City of
St. Louis Park accepting quit claim deeds and a bill of sale from Reilly
Tar and Chemical Corp. for land in St. Louis Park occupied by the granular
activated carbon treatment plant (GAC)."
The motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Remedial Action Plan
Escrow agreement: City Remedial
Action Plan
In answer to a question from Councilman Strand, the City Attorney said his
office had reviewed the agreement and that it was in compliance with the
Remedial Action Plan.
It was moved by Councilman Strand, seconded by Councilman Duffy, to enter
into an agreement appointing Citizens State Bank as escrow agent for the
St. Louis Park contingencv fund.
The motion passed 6-0.
9b. St. Louis Park/Minnetonka
FI
Agreement between City of Minnetonka
and City of St. Louis Park re
exchange of municipal services
Councilman Mitchell asked for background information in terms of liability.
For example, what if a house on the property burned down - who was liable,
in view of the fact Minnetonka has a volunteer fire department and St. Louis
Park's is fulltime.
The City Attorney said his office had reviewed the agreement. He stated
municipal liability for providing services to the public in general is very
limited, In Councilman Mitchell's question, he doubted liability to St.
Louis Park.
Councilman Friedman asked if when dialing911, it did not go directly to
the City's dispatcher. The City Manager sid he believed phones can be coded
to go to a different answering center.
Councilman Friedman felt the City might not be liable, but it certainly
has the vulnerability to be sued, and then the question of defense arises.
HE said h,E could find nath,ing it, the agreeiment about Minnetonka holding
the City harmless, indemnifying or providing defense for St. Louis Park.
He asked for some background on this matter.
Mayor Hanks said the developer first wanted to put in an annex to Amhurst,
which Amhurst was not interested in. Then thedeveloper came to Counci1
to see if the City would permit Minnetonka to annex the property. That was
denied and the next maneuver was the proposal before Council that evening,
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City Council meeting minutes
October 20, 1986
Councilman Friedman suggested it might be appropriate for the matter to
go back to the City Attorney for more clarification on the liability issue.
Councilman Mitchell did not recall Council had given any direction of pursuing
this matter. He thought the whole thing stopped when the proposed annexation
to Minnetonka was denied. To his knowledge, there's never been a discussion
as to the policy question involved, i.e. when, why, how would the City enter
into agreements with other municipalities and what was the criteria. He
felt it appropriate to have a discussion first before getting the attorney
involved as well as staff Is of the two cities discussing it.
land to Minnetonka and then asked staff to work out some possibility aMayor Hanks said it was his recollection Council did not want to give the
Minnetonka access to the property via their roads. llowing
Councilman Strand said if Minnetonka terminated the agreement, the City
would then be obligated to provide police and fire services to the property
simply because it is in St. Louis Park. In that event, City vehicles would
have to come out of the City, cross over Minnetonka property, to get to
that piece of property which didn't make a whole lot of sense to him. He
couldn't see the sense in the City getting into a situation where we would
have to provide fire and police service to this property.
It was moved by Councilman Strand, seconded by Councilman Mitchell to reject
the proposal.
Councilman Backes asked if the City maintained Ford Park 100 percent. The
City Manager said yes, that the City has over the years. He said it is primarily
used by St. Louis Park residents. Relative to Councilman Strand's comments,
he said there were occasions when City services do go outside of the City
to get back into the City, for example, 44th and Browndale whereby we go
through Edina. The bigger issue is the liability issue. He said the final
question from a staff standpoint would be, if the motion passes, the property
owner will be contacting staff to ask what the next step is. He asked for
additional direction from Council.
Councilman Strand said his point is that sometimes you need open space.
Mayor Hanks disagreed stating this property in the City is developable.
He felt the attorney could certainly solve the liability issue and also
that both cities would be willing to keep that with the property to be serviced.
He didn't think Council could fall back on calling the property landlocked.
Councilman Backes said when Amhurst was developed, nothing in the plans
or in the Comprehensive Plan showed there would be a couple of homes on
this property. He felt it was an afterthought. It was excess County right-of-way
and he didn't feel it was Council's problem.
The motion to reject passed 5-1 (Mayor Hanks opposed).
9c. Krinke wall
Hold harmless agreement: Krinke
It was moved by Councilman Duffy, seconded by Councilman Strand, to approve and
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City Council meeting minutes
October 20, 1986
authorize execution of a hold harmless agreement.
Councilman Friedman suggested adding a clause in paragraph 2 after the word
claims "and defend the city".
The City Attorney said relative to hold harmless, the attorneys office
would tender defense to the landowner, and it would be their responsibility
to defend us. He said they could take such an addition back to the landowner.
Councilman Friedman said it was his understanding that if the City were
sued, it would have to defend the hold harmless agreement. He said hold
harmless does not protect one in defense; you have to provide your own defense
to prove that you should be held harmless.
The City Attorney said this was a negotiated settlement between the landowner's
attorney and the City and that they could certainly go back for clarification.
He said the hold harmless portion would include any and all possible claims.
The motion passed 5-1 (Councilman Friedman opposed).
9d. Aldersgate Church
Stipulation agreement between
Aldersgate United Methodist
Church and the City
Mayor Hanks had two questions: (1) he thought when this was being negotiated,
it was the interest to date on that amount; and (2) it appears interest
is being added beyond that amount.
The City Attorney said the only interest is being paid on $121,700, and
that paragraph 1 relates to the total principal paid.
It was moved by Councilman Strand, seconded by Councilman Backes to waive
reading and adopt Resolution 86-181 entitled "Resolution authorizing execution
of stipulation agreement between Aldersgate United Methodist Church and
the City of St. Louis Park for certain lands for highway purposes."
The motion passed 5-1 (Mayor Hanks opposed).
9e. Board of Zoning Appeals minutes Sept. 25
9f.PTanning Lommission minutes ct.
9g. Lable TV Advisory Commission minutes Sept. 25
9h. September financia repot
All minutes were ordered filed by consent.
a. Boards and Commissions
UNFINISHED BUSINESS
The following youth representatives
appointments were made:
Helen Kaplan to the Planning Commission, moved by Councilman Strand, seconded
by Councilman Duffy, passed 6-0.
Erica Strohl to the Parks and Recreation Commission, moved by Councilman
Friedman, seconded by Councilman Duffy, passed 6-0.
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City Council meeting minutes
October 20, 1986
10. Indihar claim It was moved by Councilman Backes,
seconded by Councilman Duffy,
to reject Mr. Indihar's claim
for reimbursement in the replacement of his furnace.
The motion passed 5-1 (Councilman Strand opposed).
lla.Chan a order
Resolution 6-182
NEW BUSINESS
Change order , final payment: Layne MN
It was moved by Councilman Duffy, seconded by Councilman Backes, to approve
and authorize payment, waive reading and adopt Resolution 86-182 entitled
"Resolution accepting work on Well No. 1 abandonment, City Project 85-21,
Contract 1730."
The motion passed 6-0.
12a. Claims
MISCELLANEOUS
None
12b. Communications from Mayor Mayor Hanks referred to the
Association of Metropolitan
Municipalities and League of
Minnesota Cities information in the agenda packets.
Councilman Mitchell asked about Council's involvement in the A14M. He felt
there should be more attention paid to the workings of this organization,
particularly as pertain to its policies. He said he'd like to see this item
on an upcoming study session.
Councilman Backes said it can use its delegate to voice agreement or disagree-
ment at the annual meeting.
12c. Communications from City Manager The October 27 study session
agenda was discussed
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims It was moved by Councilman Duffy,
seconded by Councilman Strand,
to approve the list of verified
claims prepared by the Director of Finance dated October 20, 1986 in the
amount of $897,933.75 for vendor claims and $11,444.54 for payroll claims
and that the City Manager and City Treasurer be authorized to issue checks
in the appropriate amounts.
Councilman Friedman asked who the following vendors were: CALL, Green Touch
and Mach III Flyers Swim Club. The City Manager said he would provide him
with that information.
The motion passed 6-0.
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14. Adjournment
N4-4,� r
a mit Ir tLng--S5e-trea r y
The meeting adjourned at 10:00 p.m.
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