HomeMy WebLinkAbout1986/07/21 - ADMIN - Minutes - City Council - Regular1
MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
July 21, 1986
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 David Strand
Allen Friedman Lyle Hanks
Also present were the Assistant City Manager, Director of Planning, City
Attorney and Director of Public Works.
i
4. Approval of minutes It was moved by Councilman Backes,
seconded by Councilman Mitchell, to
1986 City Council meeting. approve the minutes of the July 7,
+ ' The motion passed 4-0-2 (Councilmen Friedman and Strand abstained)
f
It was moved by Councilman Duffy, seconded by Councilman Strand, to approve
t the minutes of the City Council study session of July 14, 1986.
` The motion passed 5-0-1 (Mayor Hanks abstained).
5. Approval of Agenda It was moved by Councilman Strand,
seconded by Councilman Friedman, to
the c
21 with the removal of items 9m anda9frtoethe agendansent agenda for July.
r The motion passed 6-0.
It was moved by Councilman Duffy, seconded by Councilman Strand to approve
the agenda for July 21, 1986 with the following addition: llb. League
Of Minnesota Cities
The motion passed 6-0.
PUBLIC HEARINGS
6a. Holiday Inn: Liquor license Liquor license applications: Helen
S. Johnson, dba Holiday Inn, St. Louis
Park
There being no one wishing to speak, the Mayor declared the hearing closed
Wi Lf' the r igilt of Cuunc i 1 Lo reopen at a future date.
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July 21, 1986
It was moved by Councilman Duffy, seconded by Councilman Strand, to approve
the application .
The notion passed 5-0-1 (Councilman Backes abstained).
6b. Vacation request: Shelard Request to vacate two public utility
easements between Ford Rd. and Cty.
Rd. 18
The Mayor noted that before considering the item re vacation, Council must
consider item 8a. Zoning change from B-2 to PUD at the northwest corner of
Hwy. 12 and Cty. Rd. 18.
It was moved by Councilman Strand, seconded by Councilman Duffy, to waive
second reading and adopt Ordinance No. 1686-86 entitled "An ordinance amending
the St. Louis Park Ordinance Code changing boundaries of zoning districts."
The motion passed 5-0-1 (Councilman Backes abstained).
Returning to item 6b., Sheldon Wert, representing Shelard, briefly described
their request in that the vacation was necessitated by their plans for the
19 -story office tower proposed for construction.
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 waive
first reading, set second reading for August 4, 1986 and authorize summary
publication.
The motion passed 5-0-1 (Councilman Backes abstained).
6c. Office building: Shelard Special permit to construct a 19 -story
esl�ution - T office building at the northwest corner
of Hwy. 12 and Cty. Rd. 18
The Director of Planning briefly described the proposed 19 -story office tower
proposed for Shelard Park to be constructed on the site of Pauline's restaurant.
Sheldon Wert referred to condition 7 of the special permit relative to modifica-
tions of the intersection. He said since Shelard had no control over intersection
modifications, he questioned who would be responsible for the timing of any
improvement, the City or the County. He said his comp an is willing to cooperate
with the City on noise and intersection issues,but he just wanted their
position to be made clear that they have no control or power to insure that
the issues will be resolved.
Wayne Struble, representing Coach Homes homeowners association, asked when
the intersection work would be done and who would do it.
The Director of Public Works said that St. Louis Park would take the lead
in this project with the cooperation of the City of Plymouth, the County
and the owners of the Freeman property directly to the north. He said it
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July 21, 1986
would be a minimum 18 -month project with a starting time in approximately
60 days.
There being no one further wishing to speak, the Mayor declared the hearing
closed with the right of Council to thereafter reopen and continue it at
a future date.
It was moved by Councilman Duffy, seconded by Councilman Strand to waive
reading and adopt Resolution No. 86-107 entitled "A resolution granting special
permit under Section 14-124.101(2) of the St. Louis Park Ordinance Code relating
to zoning to permit the construction of a 19 -story 356,234 sq. ft. office
building for property zoned PUD, planned unit development district, located
at 400, 450 and 600 So. County Rd. 18" with the following amendment: in condition
7, delete the words "plan no later than December 31, 1986."
the motion
Councilman Strand said he would like to have incorporated into/wording relative
to Shelard's intent on the intersection and noise control issues stating
that the City and applicant would cooperate on the implementation of the plan as
soon as possible.
The motion passed 5-0-1 (Councilman Backes abstained).
6d. Senior housing. Special permit to cons.ruct 45
Resolution -108 units of senior citizen housing
a%. 3500 Decatur Ave. So. (Knoll -wood
Communi;.y ,1ous ing Corp.)
There being nn 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.
Councilman Strand asked how far the City was along towards its rental housing
stock goals.
The Assistant City Manager said that traditionally a study of this item was
done in November.
The Planning Director said the City was well on its way to completion of
its 20 -year plan which would probably be achieved by 1990. The Director
said the goal was not specifically directed to the elderly, that income levels,
manner of assistance, etc. are not specifically addressed in the 20 -year
program.
In answer to Councilman Strand's question how much of the housing is targeted
for elderly, the Planner said he could not provide a set figure as some of
the proposed housing was targeiedfor elderly, some housing was targeted where
the elderly would be permitted to live.
Councilman Strand said he'd like to see a study session item on rental housing
specifically for seniors Lu elicit if the City is planning for enough to
cover future needs. Councilman Mitchell would like a study more broadly based than
just the elderly population.
It was moved by Councilman Mitchell, seconded by Councilman Friedman, to
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waive reading and adopt Resolution 86-108 entitled "A resolution granting
special permit under Section 14-124.101(2) of the St. Louis Park Ordinance
Code relating to zoning to permit the construction of 45 units of senior
citizen housing for property zoned PUD, planned unit development, located
at 3600 Decatur Ave."
The motion passed 6-0.
6e. Princeton/Quentin Court Amendment to special permit to
Resolution 86-109modify site and grading plans
at 2500-2550 Princeton Court and
2500-2528 Quentin Court.
There being no one wishing to speak, the Mayor declared the hearing closed
with the right of Council to reopen and continue it at a future date.
It was moved by Councilman Duffy, seconded by Councilman Backes, to waive
reading and adopt Resolution 86-109 entitled "A resolution rescinding Resolution
84-170 adopted on Oct. 15, 1984 and granting special permit under Sections
14-112.101(2) and 14-126(4) of the St. Louis Park Ordinance Code relating
to zoning to allow the construction of a cluster housing development and
to allow placement of fill in a floodplain for property located in the R-3
two family residence district and F-2 floodplain district at 2500-2550 Princeton
Court and 2500-2528 Quentin Court."
The motion passed 6-0.
6f. Variance: 2624 Xylon Ave.
Variance in front yard setback
at 2624 Xylon 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.
Councilman Mitchell noted condition 7e of the resolution and asked how it
could be enforced.
The Planning Director said this could be addressed upon the applicant's requesting
a Certificate of Completion of the project.
Councilman Strand asked if the conditions of 7e (prohibition of vehicle storage
in the existing garage upon completion of a new garage) could be written
into a deed to the property which would be in effect on any future sale of
the property.
The City Attorney said that the resolution of approval before Council with
that stipulation (condition 7e) would be filed with the County which ,could
provide notice.
It was Councilman Backes' opinion that that issue was not relevant to the
variance request.
It was moved by Councilman Backes, seconded by Councilman Duffy, to adopt
the resolution with the omission of condition 7e.
In answer to a question from Councilman Strand on the Board of Zoning Appeals
opinion and approval, Councilman Duffy said that because of the peculiarities
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of this lot and its frontage, the Board felt that if the frontage had been
designated on Xylon instead of Zinran, based on the ordinance no variance
would have been required.
The motion for approval failed 3-3 (Councilmen Backes, Duffy, Strand in favor;
Councilmen Friedman, Mitchell, Mayor Hanks opposed).
It was moved by Councilman Duffy, seconded by Councilman Strand, to continue
the public hearing.
Councilman Friedman said retaining 7e would serve as notice of intent to any
future owners of the property.
Councilman Duffy withdrew his motion.
It was then moved by Councilman Duffy, seconded by Councilman Friedman to
approve the variance as presented, retaining condition 7e.
The motion failed 2-4 (Councilman Backes, Mitchell, Strand, Mayor Hanks opposed).
It was moved by Councilman Duffy, seconded by Councilman Backes to continue
the hearing to August 4, 1986.
The notion passed 6-0.
69. Variance: 2704 Idaho Ave. Variance in rear yard setback
�1Resolution - at 2704 Idaho 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 Friedman, to waive
-110 entitled "A resolution g ranting variance
reading and adopt Resolution 86
in rear yard setback from Section 14-133(5) of the ordinance code relating
to zoning to permit the construction of a garage addition having a rear yard
setback of 1 ft. instead of the required 25 ft. in the R-2 single family
residence district at 2704 Idaho Ave."
The motion passed 6-0.
6h. Restaurant zoning
Amendment to the zoning ordinance
permitting retaurants as accessory
uses
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 first reading, set second reading for August 4, 1986 and authorize
summary publication.
The motion passed 6-0.
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July 21, 1986
6i. Wholesale warehouse: Costco
Resolution86-111
Special permit to construct a
membership wholesale warehouse
at 3744 Louisiana Ave. So.
A representative of Costco was available to answer questions.
It was moved by Councilman Strand, seconded by Councilman Backes,
to waive
reading and adopt Resolution 86-111 entitled "A resolution granting special
permit under Section 14-123.100 of the St. Louis Park Ordinance Code relating
to zoning to permit the construction of a membership wholesale warehouse
for property zoned I-1 industrial and F-2 floodplain district located at
3744 Louisiana Ave."
Councilman Strand said he was aware of all the hard work that had gone into
this project culminating in tonight's special permit request. He was satisfied
that the conditions in the resolution answered the City's concerns and its
ability to back up the assessment on the property.
Mayor Hanks said concerns remain about storage of water in this general area.
The motion passed 6-0.
6j. 6007 Cedar Lake Rd.
Resolution136-112
Preliminary/final plat for 6007
Cedar Lake Rd.
Pat Hoffman, Sunset Ridge Homes, asked if this issue related to parking or
parking and new building construction.
Mayor Hanks said this issue addressed only parking.
There being no one further wishing to speak, the Mayor closed the hearing
with the right of Council to thereafter reopen and continue it to a future
date.
It was moved by Councilman Backes, seconded by Councilman Friedman, to approve
the final plat.a,nd to waive reading and adopt Resolution 86-112 entitled
"Resolution giving approval for final plat of registered land survey, City
water treatment plant, 6007 Cedar Lake Rd."
The motion passed 6-0.
6k. Special permit: 6007 Cedar Lake Rd. Special permit for a parking lot
at 6007 Cedar Lake Rd.
Councilman Friedman reitereated once again that this special permit was for
parking only in case there was any question about Council's action.
There being n00%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 Backes, seconded by Councilman Duffy to authorize
preparation of a resolution of approval.
The motion passed 6-0.
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1986
::z Apex Realty Industrial revenue bonds for Apex
36-113 Realty (Suburban Plumbing)
-.ems Ze:ng nc-nishing to speak, the Mayor declared the hearing closed with
.� •-�.,; cf Council to thereafter reopen and continue it at a future date.
,&s mcg by Councilman Freidman, seconded by Councilman Backes to waive
.tea;=meg arrd adopt Resolution 86-113 entitled "Resolution giving preliminary
�,•;,a; a a project and its financing under the Municipal Industrial Develop -
w: +tt Apex Realty Co. project), referring the proposal to the Minnesota
=r�3-taer:t of Energy and Economic Development for approval and authorizing
ar.�.av-attoc of necessary documents."
;;,,�;wa►� Strand asked ghat the City will be funding, to which the Assistant
%-a•,3er said improvements under a tax increment plan.
e slier to Councilman Strand's question of what the redevelopment would
Planning Director responded an office/warehouse complex of up to
Sc,,3o- sq. ft., the tearing down of the existing building on the westerly
enc cf tre property (Hwy. 7/Wooddale) and upgrading of the property.
notion passed 6-0.
rc i y Family Church
PETITIONS, REQUESTS, COMr1UNICATIONS
Holy Family Catholic Church request
for temporary 3.2 beer license
and notice of intent to conduct
raffle
.t was mored by Councilman Friedman, seconded by Councilman Duffy to approve
the issuance of a temporary license.
'he motion passed 6-0.
7b. Blue & Aite Taxicab
Set public hearing on Blue & White
Taxicab Company application for
a license
By consent, a public hearing on the referenced matter was set for August
4, 1486.
Sa. Sre1and zoning
8b. Vacation 41st St.
RESOLUTIONS AND ORDINANCES
See item 6b.
Request to vacate a portion of
41st St.
:t was moved by Councilman Mitchell, seconded by Councilman Backes to reconsider
seccrsd reading of the ordinance vacating a portion of 41st St., to rescind
!` action taken earlier during the meeting and to place second reading of
=`E crddnance on the August 4, 1986 agenda to give representatives of the
c',rch and the neighborhood another opportunity to address the City Council.
'}Ie motion passed 6-0.
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8c. Dog ordinance Approximately 20 residents spoke
with objections to the proposed
dog ordinance.
Among their concerns were the following: the ordinance is unfair to those
residents who license and care for their dogsasopposed to people who do neither;
the distance requirements of the proposed ordinance may be inappropriate
for the many residents who have 40 x 120 ft. lots; could not control of noise
be covered by a fine requirement; had any consultants, such as the Humane
Society been asked; prohibition for a run for dogs based on lot size; restriction
on no more than two dogs, meaning many residents would have to get rid of
an animal; recommendation for an arbitration system should noise and odor
become a problem.
The following were some of the suggestions made: relative to lot size, a
suggestion for a sliding scale of enclosures which would take the typical
40 x 120 lot into consideration; regarding placement of dog houses relative
to neighbors, it was suggested the proposed ordinance was in conflict with
State law; a suggestion to contact Censhare at the University of Minnesota
(an organization on animal/human relations) for input; a suggestion to form
a panel to come up with a fairer ordinance; a suggestion that enforcement
be more aggressive rather than an ordinance being more restrictive.
It was moved by Councilman Friedman, seconded by Councilman Strand, to defer
the matter for 60 days to allow for further study of the concerns expressed
tonight.
Councilman Strand felt 60 days was longer than he wanted to wait, and wondered
if the item could not come back to the August 4 Council meeting.
Councilman Friedman suggested not to exceed 60 days. Councilman Mitchell
asked if it didn't have to be deferred to a specific date.
Mayor Hanks replied no, not in this case. Also, he would want all the residents
present to be notified of when Council would next be discussing the issue.
Councilman Friedman amended his motion to state deferral of the matter for
up to 60 days with proper notice of its appearance on a Council agenda sent
to all interested residents.
Councilman Backes said with the concerns voiced that evening, he didn't see
how anything could be resolved in 60 days.
Councilman Mitchell suggested referring it to July 28 study session.
Councilman Friedman asked that Censhare be contacted and that Council attempt
to select a specific date in which to return the matter to Council.
The motion passed 6-0.
8d. Lot width variance
eso u ion -
Variance in lot width at 4371
Dart Ave.
It was moved by Councilman Duffy, seconded by Councilman Mitchell, to waive
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July 21, 1986
reading and adopt Resolution 86-114 entitled "A resolution granting variance
in lot width from Section 14-128(5) of the ordinance code relating to zoning
to permit the creation of a lot having a width of 57 ft. instead of the required
75 ft. in the R-1 single family residence district at 4371 Dart Ave."
Councilman Friedman asked how this request compares with a former request
by a property with a similar problem.
The Planning Director said the property he referred to, on Minnetonka Blvd.,
was seeking two variances: in both area and width. In the present instance,
only a variance in width was being requested. He said the one lot is presently
legal; the second lot to be created will be 9405 sq. ft., 50% over the requirement.
He said both lots will meet all other ordinance requirements.
The motion passed 5-0-1 (Councilman Strand abstained).
Be. House Doctor program It was moved by Councilman Duffy,
Resolution 86-115— seconded by Councilman Friedman,
to waive reading and adopt Resolution
86-115 entitled, "Suburban House
Doctor Program for Residential Energy Conservation."
Councilman Friedman said it would be beneficial to the community to know
what this program proposes at no cost to the City.
The Assistant City Manager said that this program, to be administered by
the West Hennepin Human Services, provides for economic assistance to ensure
homes are energy efficient.
The motion passed 6-0.
8f. Ottawa Ave. right of way Purchase of right of way from
Resolution M-116 Soo Line Railroad Company
It was moved by Councilman Backes, seconded by Councilman Duffy to waive
reading and adopt Resolution 86-116 entitled "Resolution authorizing purchase
of property for street right of way - Ottawa Ave./Belt Line Blvd. crossing."
Councilman Friedman asked when the crossing would be completed, to which
the Director of Public Works said it is anticipated to be open in the spring
of 1987.
The motion passed 6-0.
8g. TH 7 frontage road
eso u ionBF-77
South frontage road of T. H. 7
It was moved by Councilman Friedman, seconded by Councilman Duffy, to waive
reading and adopt Resolution 86-117 entitled "Resolution authorizing the
execution of supplemental agreement No. 2 for improvement Project 85-10,
reconstruction of T. H. 7 south frontage road west of Texas Ave."
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The motion passed 6-0.
Councilman Friedman asked if newspeed limit signs had been placed on Highway
7 which is currently posted at 40 mph. He has noted that east of Hwy. 100
to the Minneapolis city limit the posting is for 45 mph.
The Director of Public Works said he would investigate this.
8h. Excelsior Blvd. restrictions Parking restrictions on Excelsior
Resolution 86-118 Blvd.
It was moved by Councilman Duffy, seconded by Councilman Strand, to waive
reading and adopt Resolution 86-118 entitled "Resolution authorizing installation
of parking controls on Excelsior Blvd. from T. H. 100 to Louisiana Ave."
The motion passed 6-0.
8i. Minikanda Ministorage Sale of Belt Line Blvd. strip
to Minikanda Ministorage
Councilman Mitchell asked why this was being done, to which the Assistant
City Manager said the sale of this strip will provide land for future development
Mayor Hanks said that the developer was actually buying back this strip with
all easements to be retained by the City.
It was moved by Councilman Backes, seconded by Councilman Duffy, to waive
first reading, set second reading for August 4, 1986 and authorize summary
publication.
REPORTS FROM OFFICERS, BOARDS, COMM4ITTEES
9a. City investment process
The motion passed 6-0.
9b. Alley paving assessment policy
session.
It was moved by Councilman Friedman,
seconded by Councilman Mitchell,
to receive the report for filing.
It was moved by Councilman Friedman,
seconded by Councilman Strand
to defer this item to a study
Councilman Friedman said the policy ought to assess all properties having
access to an alley whether they use it or not. He noted the present policy
sets a percentage breakdown for direct and indirect benefits. He cited the
example of a resident who paid no assessment after putting a garage in and then
converting the garage into a family room.
Mayor Hanks said he could not support any change in the policy until the
City Attorney reports on the status of the recent court case and its implications
to the City.
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It was moved by Councilman Friedman to refer the matter to the City Attorney
and come back to the August 4, 1986 Council meeting.
The motion passed 6-0.
9c. Hannon Lake sed basin
Hannon Lake sedimentation basin
It was moved by Councilman Mitchell, seconded by Councilman Strand to receive
the report for filing.
The motion passed 6-0.
Councilman Strand asked if the Minnehaha Creek Watershed District was cooperating
in this project, to which the Director of Public Works said that the District
had asked the City to lay this project over for one month, and that that
was agreeable with the Public Works Department.
9d. Lake St. business owners
Lake St. business owners' parking
issue
It was moved by Councilman Strand, seconded by Councilman Backes, to direct
staff to hold a neighborhood meeting with the business owners on Thursday,
July 24, 1986 at 11:00 a.m. in City Hall.
The motion passed 6-0.
9e. Hwy. 7/Minnetonka Blvd. intersection Intersection redesign: Westbround
T.H. 7 and Minnetonka Blvd. from
France Ave.
Councilman Friedman asked if the affected property owners in the immediate
vicinity of this project had been notified of what was planned.
The Director of Public Works said this project had been discussed with business
owners on a number of occasions, but the Glenhurst neighborhood had not been
involved. He said the overall plan has been in the works since December of
1984.
Councilman Mitchell withdrew his motion. He said he would defer on this item until
the neighborhood has been apprised of the plan.
It was moved by Councilman Mitchell, seconded by Councilman Friedman that
a neighborhood meeting for residents be held and that the issue be deferred
until the August 17 meeting.
The motion passed 6-0.
9f. Permit parking
Neighborhood meeting on permit
parking.
whj s re ort was ordered filed on a motion by Camcilman Ouffy, seconded by Councilman Strand,
Bch p�ssed 6-0,
99• Apple Valley Red -E -Mix Options for responding to Apple
Valley Red -E -Mix
Councilman Mitchell asked, relative to option 2, would that mean increased
capacity meaning more traffic.
City Council meeting minutes
July 21, 1986
A representative from Apple Valley said that was possible, but they really
don't anticipate increased capacity at this facility.
In answer to Councilman Mitchell's question about truck traffic, AVR said
currently they run 20-25 trucks per day in and out. Even though the capacity
is production of 1000 yds. of cement per day, they run more in the neighborhood
of 500-700 yards per day.
Councilman Friedman alluded to the zoning ordinance and asked if the present
non -conforming use could remain as long as there were no change at the facility.
The City Attorney said the test would be is there a significant modification
in the use.
The Director of Planning said that in interpreting the ordinance, he said
the change cannot become more intense nor can the facility expand.
Councilman Friedman asked if it were possible to replace the present facility,
but increase capacity, to which the City Planner said under the ordinance
that would not be permitted.
Councilman Backes asked if there were any opinions on option 4.
Jeffrey Stephenson, attorney for Apple Valley, said his client believed relocation
to the Cedar Lake Rd. site made the most sense.
Councilman Backes asked if the site on Cedar Lake Rd. were on the edge of
a Diversified Development District and what was the zoning.
The Planning Director said the answer to his first question was yes, and
that the zoning was I-2 and 1/2 block beyond is R-2. In order to place the
facility there, the zoning ordinance would have to be amended.
Councilman Backes asked if it would be possible for traffic to avoid the
DOD in any way, to which the Planner responded the 000 or I-1 could be modified
but that then that would have to be done anywhere in the City where I-1 zoning
existed.
Councilman Strand asked that if the facility is left on Louisiana Ave., does
Council need to take any action, to which the Planner said not at this time.
It was moved by Councilman Mitchell, seconded by Councilman Friedman to select
option 2.
Mayor Hanks said he could see the neighboring residents going to court over
this issue, the potential expansion of a non -conforming use.
Councilman Mitchell felt a neighborhood meeting would have to be held with
the neighborhood residents posing the question: do you want it old as it
is, or do you want it upgraded.
Attorney Stephenson suggested using the phrase "modernization" of the facility
rather than expanding. He believed this language was permitted under State
law in the flavor of "keeping up with advanced technology."
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July 2P, 1986
Councilman Mitchell suggested the attorneys for the City and Apple Valley
work together to come up with appropriate language ala Mr. Stephenson's suggestion.
Councilman Backes said he'd like to see options i and 3 removed from considera-
tion and that the attorneys get together on options 2 and 4.
Councilman Strand said he could not support a change in the zoning ordinance
to permit a non -conforming use.
Councilman Mitchell withdrew his motion.
It was moved by Councilman Friedman, seconded by Councilman Mitchell, that
the attorneys be directed to explore rebuilding of the plant at the present
Louisiana Ave. site and study all the ramifications to the City.
Councilman Strand modified the motion to include an examination whether or
not modernizing is an expansion of capacity.
The motion passed 4-2 (Councilman Backes, Mayor Hanks opposed).
9h. City Prosecutor Scope of services for City Procecutor
It was moved by Councilman Backes, seconded by Councilman Friedman, to authorize
staff to develop a scope of services for the City Prosecutor as described
in the report and presentittothe July 28 study session.
The motion passed 6-0.
9i. Oak Park Village storm drainage Consultant's report
It was moved by Councilman Backes, seconded by Councilman Friedman, to receive
the report for filing.
The motion passed 6-0.
9j. Minnehaha Creek Watershed District Councilman Mitchell said the letter
didn't speak to Council's serious
concerns over the high water level
issue. He asked that the letter
be modified to indicate that "the City Council has directed staff. . ."
It was moved by Councilman Friedman, seconded by Councilman Mitchell, to
authorize staff to contact elected and appointed officials of Minnetonka,
Edina, Hopkins and Minneapolis to join the City in its presentation to the
Minnehaha Creek Watershed District Board meeting on August 21, 1986
The motion passed 6-0.
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July 21, 1986
9k. June financial report
91, HRA minutes June 30
Items 9k, 91 ordered filed by consent.
9m. HRA minutes July 1 Councilman Strand asked that the
number of developers for the Watertower
project be reduced to three and that a
special City Council meeting be held with those developers with the HRA invited.
Councilman Backes commented that the Council might attend one of the presenta-
tions. He was concerned that with Councilman Strand's suggestion, the developers
might become confused as to whom they are answering.
Councilman Duffy said he would object to a meeting
on August 26 to go over
the proposals after staff has reviewed them all.
Councilman Strand did not see it necessary for it to
be involved in all six
presentations.
Councilman Mitchell felt it would afford Council an
opportunity to review
the proposals prior to selection of a developer.
Mayor Hanks was comfortable with Council hearing all six
proposals.
Councilman Strand said information on all six proposals can be distributed
to Council, but he still would like presentations limited
to the final three.
Councilman Backes cautioned that it can be very complex
and complicated negotia-
ting agreements with developers.
Councilman Strand's suggestion, put in the form of
a motion, was seconded
by Councilman Mitchell.
The motion passed 5-1 (Mayor Hanks opposed).
9n. Cable TV Commission minutes
9o. Board of Zoning Appeals minutes
Items 9n and 90 were ordered filed by consent.
10a. Boards and Commissions
UNFINISHED BUSINESS
None.
10b. Briarwood West Apartments David Carlin, CSM Corp., the developer,
showed a schematic of the project
illustrating the gabled roofs and relocation of balconies to the ends of
buildings 2 and 3 facing Shelard.
Councilman Mitchell asked if Coach Homes had not questioned the height of
the buildings.
Mr. Carlin recalled their meeting with the Coach Home residents and did not
recall any objection of that nature being made.
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City Council meeting minutes
July 21. 1986
My" Strupple. Coach Homes representative, said the association board approves
the minor amendment and feels it will provide an overall improvement in
ttk project.
Councilman Mitchell alluded to staff's letter sent to Coach Home residents
,Rich said the issue was to come before Council in August.
Mr. Strupple said he conducted a phone survey and the Board approved the
minor amendment. He said their concern over the parking problem had been
resolved and that they were guaranteed access to the 13 additional spaces
as requested.
It was moved by Councilman Duffy to waive reading and adopt resolution of
approval.
The motion died for lack of a second.
It was moved by Councilman Strand, seconded by Councilman Mitchell, to approve
with the deletion in 012 of the words "and gable' in the second line and
'gable and' in the fourth line.
Councilman Strand felt the project design was inadequate, that it appears
it will look inferior. He objected to the fact the gables
would not extend over the entire roof.
iayor Hanks asked if the balconies were added because of the gables or were
they always part of the design.
The City Planner said the original design had balconies. He said that originally
they were unsure of the materials to be used around the balconies and this
minor amendment clarifies that they intend to use redwood.
W. Strupple felt removing the gables would definitely lessen the design.
The gables were in keeping with the multi -layered effects of all the buildings
in the Shelard area. he felt.
Councilman Friedman asked if the developer could cover the gables and give
a tetter perspective on what the building would look like with a flat roof.
Councilman Mitchell said he was comfortable approving this once, but now
with the proposed changes he is going to oppose it. He feels the gab] ing
is an afterthought and gives the building a peculiar look.
"r Banks asked if the elevations would have to be changed if the gables
were eliminated, to which the Planner said Exhibit 1 would be modified to
stipulate the wood around the balconies would be redwood but the gables
would not be part of the plan.
*, Carlin said that without the addition of the gables as they were requesting,
then would not now be requesting the redwood around the balconies.
C01'"cilman Friedman asked if when it was originally approved, the plan had
^o siding restrictions, to which the Planner said originally the concept
would incorporate wood rather than brick. He said the two choices were unspecified
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City Council meeting minutes
July 21, 1986
siding around the balconies or they run the risk of the inspections department
having no way of determining whether or not they are conforming. He said
this affords an opportunity to clarify what the materials will be.
The motion failed 2-3-1 (Councilmen Mitchell and Strand opposed; Councilmen
Friedman, Duffy, Mayor Hanks opposed; Councilman Backes abstain).
Councilman Friedman said he had some reservations about an applicant coming
before the Council for a special permit which is denied and then they're
asked to do something else. He felt this was like changing the rules in the
middle of the game. He felt it appropriate that they withdraw or go back
to the Planning Commission and make any other changes they might want.
Mr. Strupple was concerned that withdrawing the request affected the materials
improvement on the project. He felt even if there was some disruption in
the elevations, they were getting the enhancement of redwood siding.
Mayor Hanks agreed with Councilman Friedman. His biggest disappointment is
that the developer has not provided a model to assist Council in envisioning
what this is going to look like.
It was moved by Councilman Duffy to adopt the resolution as is.
The motion died for lack of a second.
Mr. Carlin withdrew his request.
NEW BUSINESS
Ila. City Hall elevator It was moved by Councilman Friedman,
seconded by Councilman Strand,
to designate Midwest Elevator
as the lowest responsible bidder and authorize execution of a contract for
$14,087 for repair of the elevator only, rejecting the proposal for painting
under Alternative A.
The motion passed 6-0.
llb. League of Minnesota Cities Infrastructure pool program
Resolution No. 86-119
It was moved oy CounciTman Strand, seconded by Councilman Duffy, to enter
into a joint powers agreement creating the Minnesota Cities Infrastructure
Financing Program; enter into a participation agreement with the Minnesota
Cities Infrastructure Financing Board; and adopt a resolution approving and
authorizing the joint powers agreement and participation agreement and issuance
of bonds by the Board.
The motion passed 6-0.
12a. Claims
MISCELLANEOUS
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Ross vs. City
Christopher Colbert
72
City Council meeting minutes
July 21, 1986
By consent, the claims were referred to the City Attorney and City Clerk.
12b. Communications from Mayor
12c. Communications from Assistant
City Manager
Mayor Hanks gave a Centennial
update.
Study session items for the July
28 meeting were discussed.
The Assistant City Manager referred to the letter from the Regional Transit
Board relative to the time transfer station.
It was moved by Councilman Strand, seconded by Councilman Friedman, that
the RTB examine all potential sites for the proposed time transfer station.
The motion passed 6-0.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims
for vendor claims and $30,529.59 for
the City Manager and City Treasurer
appropriate amounts.
The motion passed 6-0.
14. Adjournment
1f '
a . cor ing etre ary
It was moved that the list of
verified claims, prepared by the
Director of Finance, dated July
21, 1986 in the amount of $504,458.22
payroll claims be approved and that
be authorized to issue checks in the
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The meeting adjourned at 11:40
p.m.
4- iv. V-4�
Ole Hanks, Mayor