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HomeMy WebLinkAbout1987/08/17 - ADMIN - Minutes - City Council - Regular (2) ,, 4a Unofficial MINUTES 111) CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 17, 1987 1 . Call to order The meeting was called to order by Mayor Hanks at 7:35 p.m. 2. Presentations None. 3. Roll call The following Councilmembers were present at roll call : Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works and Director of Planning. 4. Approval of minutes It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the minutes of the August 3, 1987 City Council meeting with the following corrections: 110 pg. 165, paragraph 8, insert "not" before support; in third line, change "he's" to City. The motion to approve as amended passed 6-0. It was moved by Councilman Meland, seconded by 'Councilman Mitchell , to approve the study session minutes of August 20', 1987 with the following correction: pg. 2, item 3, after Louis add: Park 's appeal as compared to other communities. The motion passed 4-0 (Councilmember Backes, Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilman Mitchell , seconded by Councilmember Backes, to approve the consent agenda with the removal of item 9b. Report . on July 23 storm damage (Councilmember Friedman) . The motion passed 6-0. / It was moved by Councilmember Meland, seconded by Councilmember Duffy, to approve the agenda for August 20 with the addition of item 7b. Yosemite speed limit study (Councilmember Backes) . The motion passed 6-0. PUBLIC HEARINGS 6a. Variance: 8601 Westmoreland Ln. There being no one wishing to speak, Resolution 87-T06 the Mayor declared the hearing closed �— --�-- with the right of Council to thereafter reopen and continue it at a future date. -169- ' • City Council meeting minutes August 17, 1987 It was moved by Councilmember Friedman, seconded by Councilmember Duffy, 41111 to waive reading and adopt Resolution 87-106 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance code relating to zoning to permit the addition of an enclosed porch having a rear yard setback of 19 ft. instead of the required 35 ft. in the R-1 , single family residence district, at 8601 Westmoreland Lane." The motion passed 5-1 (Councilmember Backes opposed) . 6b. Variance: 1640 Virginia Ave. Variance in rear yard setback, 1640 Resolution 87-107 Virginia 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 Friedman, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-107 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the ordinance code relating to zoning to permit the construction of a screen porch having a rear yard setback of 14 ft. instead of the required 35 ft. in the R-1 , single family residence district, at 1640 Virginia Ave. " The motion passed 5-1 (Councilmember Backes opposed) . 6c. Improvement 86-25 Alley paving of Zarthan Ave. to 41111 Alabama between Cambridge and Goodrich 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 Councilmember Duffy, seconded by Councilmember Backes, to terminate the proceedings on Project 86-25. In answer to a question from Councilmember Meland, Mayor Hanks said that since the neighborhood was not able to present a petition with over 50%- of the residents in favor, the project will not be undertaken. The motion passed 6-0. 6d. Hazardous structure: Mark M. Tucker, 4800 Minnetonka 4800 Minnetonka Blvd. Blvd. , addressed Council to address Resolution 87-108 each of the 10 conditions in staff' s memo which described the problems and violations relative to the tree house constructed on his property. 1 . He did not know a permit was necessary and he did not desire an inspection as this was a small tree house for his kids. 2. Tree house and decks are not being used and never have been used as an office, so no special permit is required. -170- • City Council meeting minutes August 17, 1987 3. The structure at 37.85 feet is less than the maximum allowable height of 11110 40 ft. 4. No Certificate of Occupancy is needed as the tree house is not occupied. 5. The tree house has great stairways, handrails and handles all over it. It is super safe. There have been no accidents and no parents of my- children's friends have forbidden them to climb on it. He could not address this issue until someone came over and pointed out the dangers or unsafe conditions to him. 6. When has the City ever required a signed report from a structural engineer for a tree house constructed in a yard. This is not either a residential - structure nor a commercial structure. It ' s ' a playhouse I built in my yard for my children. There is a tall fence and bushes around my property, so no one can just come in off the street and climb into the tree house. The struct- ural integrity should be left up to the parents. 7. It looks as though the City is asking me to provide electrical power to the tree house which I cannot afford to do. 8. Could not address this item as he has no knowledge of what is contained in Section 15-202(7-10) . The City Attorney reminded Mr. Tucker that he visited with City officials on April 28 at which time these various items were discussed; thereafter, 11111 he received a follow-up letter discussing , the ordinance violations. Mr. Tucker said that was correct, but again the reference was to points of the ordinance. 9. He did not know what was meant by the building cannot be repaired. 10. He did not consider the tree house a public building. He did not view it as being hazardous or a public nuisance. Perhaps tree houses should be addressed by the City ordinances. He said in checking with the Inspectional Services department, not one complaint has been received about the tree house. Councilmember Backes quoted from point 1 of the resolution which defined structure and asked Mr. Tucker how the tree house did not fit that definition. He said he interpreted it as three` boards hung from a tree could be called a structure. He said he built it, it was in his yard', he was paying the taxes and he was not asking anyone else to use the tree house. Councilmember Mitchell asked what he has done or what communications he has initiated with the City with respect to the structural integrity issue, i .e. , did he have any letters or documents. He said in talking with the City Manager and Inspections Director re the IDstatus of the tree, he had an arborist who said it was one of the healthiest maple trees he 'd ever seen with no stress marks or cracks, that it was very healthy. Then there had been talk of having a structural analysis -171- City Council meeting minutes August 17, 1987 made, but City officials were not satisfied to have students from the university do it free as a student project, they wanted a private firm to do it. However, he found out that would cost at least $100 if not a great deal more, and since no one has ever done an analysis of a tree house structure, they had no idea what kind of result they would come up with. As far as liabblity is concerned, he stated he had a $1 million policy. He went so far as to have an attorney prepare a tree house liability waiver agreement drawn up. In answer to a question from Councilmember Mitchell relative to his contact with the structural engineer, Mr. Tucker said they responded ( 1 ) they had never done such an analysis before; (2) it would be a major difficulty because it was built into a tree, and (3) there were variables they did not want to get involved with. Booby Hike, 4724 Minnetonka Blvd. , spoke in support of Mr. Tucker ' s tree house. Art Indelicato, 2853 Princeton, also spoke in support, as did Lois Solomon, 5800 W. 252 St. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. Councilmember Mitchell was concerned that with all the publicity on this matter, Mr. Tucker appears to be an i'nnocent victim of city bureaucracy, 41111 and he didn't believe that was the intent of the Council . He said with all the extensive publicity on the tree house, if someone were to be hurt, the natural reaction would be to question why the City had not done something aboutit.He didn 't believe the City was trying to stifle anyone's creativity. He was troubled by the fact that there appeared to be several efforts made by the City to resolve the issue which don't seemed to have been taken seriously. He noted the structural experts found themselves in the same quandry the City is in. Councilmember Backes said this matter has been going on since April . He felt the question of whether or not it was an office could have been resolved by now. He felt the issue of structural integrity was very important. He asked Mr. Tucker how he could be so positive of the tree house' s strength if he could not find a structural engineer willing to even test it out. Councilmember Duffy felt the bottom line was if the Tucker family decides to move out, the people who move 1.1 will want to do something with the tree house, and he concurred with Councilmember Mitchell ' s question relative to someone getting hurt. It was moved by Councilman Eackes , seconded by Councilmar Duffy, to waive reading and adcpt Resolution 37-108 ertitled "Reso'ution regaruing order to raze and remove hazardcuE bcilding (tree house End decks) located at 4800 Minnetonka Blvd. and direct staff to pursue enforcement of the resolution through the District Court if the owners fail to achieve compliance within the specified time period." 41111 -172- City council meeting minutes August 17, 1987 Mayor Hanks reiterated the comment of Councilmember Mitchell that the City finds itself between a rock and a hard place. He noted that every day people selling houses have to put railings on to go down an 8-ft. stairway into a basement. In the tree house, you' ve got people going up and down steps that are wide open. Councilmember Friedman concurred with what had been said and wanted to make the point that people in the audience have come before Council for special permits for decks, porches, etc. which are much lower than the tree house and that people come into City Hall every day and work out problems with the building department. He felt it important for all in attendance to know that City staff makes every attempt to work out problems with its residents. He felt when a citizen did not wish to participate in the process to resolve such a problem, then the City indeed is between a rock and a hard place. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request from Welsh Companies Amendment to Comprehensive Plan It was moved by Councilmember Meland, seconded by Councilmember Friedman 11111 to refer the request to the Planning Commission. The motion passed 6-0. 70. Speeding on Yosemite Councilman Backes said he had a discussion with a resident on Yosemite as well as staff concerning the speed of traffic on Yosemite between Excelsior Blvd. to Brookside. The resident asked that the City look into the possibility of a reduction in the speed limit on Yosemite. It was moved by Councilmember Backes, seconded by Councilmember Friedman, that staff be directed to conduct a speed study of Yosemite Ave. from Excelsior Blvd. to Brookside. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Oakmont Partners Project Resolution approving issuance of Resolution 87-109 refunding bonds for Oakmont Place Project It was moved by Councilman Duffy, seconded by Councilman Mitchell , to waive reading and adopt Resolution 87-109 entitled "Resolution authorizing III the issuance, sale and delivery of the City of St. Louis Park, Minnesota, $8,715,000 multifamily housing revenue refunding bonds (Oakmont Partners Project) , Series 1987 which bonds and the interest and any premium thereon shall be payable solely from the revenues derived from the loan agreement; approving the form of and authorizing the execution and delivery of an indenture of trust, a loan agreement, and a bond purchase and remarketing -173- City Council meeting minutes August 17, 1987 , agreement; approving certain other documents and authorizing execution of41111 certain documents; approving the form of and authorizing the execution and delivery of the bonds; and providing for the security, rights and remedies of the holders of said bonds. " Councilman Friedman referred to the phrase "the issue will provide decent, safe and affordable housing to persons and families of low and moderate income within the issuer in accomplishing this public purpose." He asked if the developer met the minimum federal requirements or what that phrase means. The City Development Director answered that in order to qualify for the bonding program, the requirement is that 20 percent of ,the units be reserved for persons who are in the income limits as specified. The developer can then charge rent as they see fit. But the 20 percent provision is based on a federal requirements. Councilman Friedman questioned that 20 percent of the units were to be set aside for low and moderate income people, but the developer could charge whatever rent he wanted for those units. Councilman Mitchell asked if this was not based on fair market price. Councilman Duffy said what is usually done is that in order to meet this require- ment, the rents on two or more bedroom apartments would be higher so that the rent on a one bedroom can be kept within a range that 20 percent could afford. The motion passed 5-1 (Councilmember Meland opposed) . 41111 8b. Peter Hobart land exchange It was moved by Councilmember Meland, seconded by Councilmember Friedman, to authorize execution of the agreement, set second reading of the ordinance for September 8, 1987 and authorize the Mayor to execute the deed. The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Monitor well construction Preliminary engineering report: Drift/Platteville monitor well construction By consent (6-0) , staff was authorized to develop plans and specifications for the construction of six Drift/Platteville aquifer monitoring wells. 9b. July 23 storm damage Councilman Friedman referred to the staff report before Council on the July 23 storm. -174- City Council meeting minutes August 17, 1987 He wanted to highlight the following: one of the three pumps suffered an 111) electrical failure during the storm. However, even if it had been working, there was no guarantee that would have kept the backup frim occurring because the storm simply exceeded the design capacity of all municipal systems. He was concerned about the charges made by the refuse collector to haul the damaged property away. He said the highest was $90; the lowest $43, but that there were a number were free. He asked why some were charged and why some were not. He noted that on the $90 charge, a number of things were put out for collection which were not storm damaged and he could understand that charge. The City Manager said that those requiring a special pickup - not on the regular pickup day - were charged. The charge was for the dumping at the landfill . Councilmember Friedman did not know if anything could be done about this now, but he felt the Council should direct staff to look at this for the future whereby should anything like this occur again, the City could ask the haulers to set extra days for pickup and not charge the residents. The City Manager said information on disaster relief from the federal government has been mailed to 'all affected neighborhoods and that the disaster office would be opening that day at Eisenhower Community Center on Hwy. 7 in Hopkins. The City Manager said the City did have a disaster plan. The one thing that is not in the plan is help to private residents by police reserves, fire personnel or public works employees. He said staff had discussed this, where people could call for help. Councilman Friedman suggested formation of an ad hoc committee that could assist staff in coming up with some suggestions about what can be done in the future should similar occasions ever arise. On the committee would be some of the residents who sustained more serious damage. He felt their input would be most valuable. The City ' Manager said there were things people could install to prevent backups and staff had discussed getting together with neighborhoods to show them the things they can do to protect their homes and prevent such occurrences in the future. 'Ir. Sukhram Ramish, 3033 Pennsylvania Ave. So. , spoke to the Council about the damage to his home. A lengthy and technical discussion relative to the pumps in the lift station followed. Mr. Ramish was asking for relief for the financial burden suffered by the City's residents both from the water damage and charges by the hauling contractor. The Mayor thanked Mr. Ramish, explaining that Council was not in a position to take any action until further information relative to the extent of damage 1111/ and research of the charges made by the hauling contractor is received. -175- City Council meeting minutes August 17, 1987 9c. Evangelical Free Church Agreement with Evangelical Free Resolution 87-115. Church for alley construction 41111 It was moved by Councilmember Meland, seconded by Councilmember Backes, to authorize execution of an agreement for alley construction, waive reading and adopt Resolution 87-115 ordering staff to proceed with the project. The motion passed 6-0. 9d. PER: Evangelical Free Church Preliminary engineering report: Portion of L in alley construction— at Evangelical Free Church By consent (6-0) , the preliminary engineering report was approved, and staff was authorized to develop plans and specifications and to advertise for bid. 9e. Traffic study 372 Traffic control at Hillsboro/W. Resolution 87-110 16th St. By consent, Resolution 87-110 entitled "Resolution authorizing installation of traffic control signs on Hillsboro Ave. and W. 16th St. " was approved. 9f. Traffic study Parking restrictions, Brunswick/W. Reso1ution 11 36th St. By consent (6-0) , Resolution 87-111 entitled "Resolution authorizing installation of traffic control signs at Brunswick Ave. and W. 36th St." was approved. 0111 9g. Parking restrictions Senior high school area Resolution 87-112 By consent (6-0) , Resolution No. 87-112 entitled "Resolution authorizing permit parking restrictions in the Park Senior High area" was approved. 9h. Parking spaces: Wooddale Ave. Hereditament of 31 parking spaces resolution 87-113 for 3565 Wooddale Ave. It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution 87-113 entitled "Resolution authorizing a heredita- ment for 3565 Wooddale Ave. granting perpetual use of at least 31 parking spaces at the municipally-owned parking lot located at Wooddale Ave. and W. 36th St." The motion passed 6-0. 91 . Flag Ave./Hwy 18 Study of use for county property at Flag Ave./Hwy. 18 Councilman Friedman asked if the neighboring residents had seen a copy of staff ' s report. The City Manager said that apprising the neighborhood of what is planned was part of the recommendation in staff 's report) and that a neighbor- hood meeting be scheduled. -176- City Council meeting minutes August 17, 1987 Councilrnember Friedman felt it inappropriate for Council to take action until the neighborhood has a- chance to see the proposed plans. Even though the timeframe relative to the County was close, he felt it more important to have residents' input. Councilman Mitchell said it seemed this project had gone in separate directions. On one hand, the City wants to deal with it before going to the neighborhood and find there are many opinions on use of the land. On the other hand, he wondered if there may not have been enough discussion where the neighborhood will come in and have feel for what it is they really would like. He felt that if Council wanted to talk about it at a study session and have a neighborhood meeting, there was ample time prior to it being on the September 8 agenda. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to place the item on the August 31 study session and hold a neighborhood meeting on the second of September. The City Manager felt there was merit sending this information to Commissioner Andrew. The motion passed 6-0. 3j. Board of Zoning Appeals minutes 9k. Planning Commission minutes 91 . July financial report By consent, the minutes and financial report were ordered filed. OLD BUSINESS 10a. Boards and Commissions Mayor Hanks noted there was an opening on the Minnehaha Creek Watershed District Board. 10b. Leaning Post It was moved by Councilman Backes, Resolution 87-114 seconded by Councilman Friedman, to waive reading and adopt Resolution 87-114 entitled "Resolution rescinding Resolution 5582 adopted on Sept. 7, 1976, amending Resolution No. 5249 adopted March 31 , 1975 and granting special permit under Section 14-124. 101 of the St. Louis Park ordinance code relating to zoning to allow Class I restaurant for property located in the PUD, planned unit development district, at 5420, 5430 and 5434 Excelsior Blvd." The motion passed 6-0. NEW BUSINESS 12a. Claims Daniel Dwire By consent, the claim was referred to the City Clerk and City Attorney. -177- • City Council meeting minutes August 17, 1987 12b. Communications from Mayor The Mayor said he felt a study session should be held on August 31 . Also, he felt Council should be moving along with an appointment to the Fire Civil Service Commission. 12c. Communications from City Manager No communications. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent (6-0) , the list of verified claims prepared by the Director of Finance, dated August 17, 1987 in the amount of $395,985.74 for vendor claims and $31 ,830.21 for payroll claims be approved and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts. 14. Adjournment It was moved' by Councilman Meland, seconded by Councilman Friedman that the meeting be adjourned at 9:25 p.m. " j, 'ay.. Rec sj' ' g ,S_L►Slrg r ifs 411/1 -178-