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Home My WebLink About1987/05/06 - ADMIN - Minutes - City Council - Study Session (3) 1 _ . - .. _ _-nom.._,.,._. ,_._,1i:, _ .., ., _. ,�._�_._ao:,. _ - ,_L+,•, _,_ _,ai ,1v:i1iVL`:ti••.,8li:e�s�e:a3t32i:3 iiai,+L•;:L•3+si:?a2•;i�l�i+32Riba2+•:..•,�_.__�� "REPLACEMENT" MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 4, 1987 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 members were present at roll call Ronald Backes Keith Meland Thomas Duffy Larry Mitchell Allen Friedman David Strand Lyle Hanks Also present were the City Manager, City Attorney, Director of Planning, Director of Public Works and the City Assessor. 4. Approval of minutes It was moved by Councilman Duffy, seconded by Councilman Backes, to approve the minutes of the April 20, 1987 study session. The motion passed 4-03(Councilmen Friedman, Mitchell and Strand abstained) . It was moved by Councilman Strand, seconded by Councilman Meland to approve the minutes of the_ April 20. 1987 Council meeting. The motion passed 5-0-2 (Councilmen Friedman and Mitchell abstained) . 5. Approval of Agenda It was moved by Councilman Mitchell , seconded by Councilman Meland, to approve the consent agenda for May 5, 1987. The motion passed 7-0. It was moved by Councilman Backes, seconded by Councilman Duffy, to approve the agenda for May 5, 1987 with the following additions: llb. Community Education budget and lic. Resolution re Education- Aids bill . The motion passed 7-0. PUBLIC HEARINGS 11110 6a. 3100 block Quebec Ave. Improvement hearing, project Resolution 87-50 86-03, paving of 3100 block of Quebec Ave. There being no one wishing to speak, the Mayor declared the hearing closed -88- with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman Strand, to waive reading and adopt Resolution 87-50 entitled "Resolution ordering improvement, 41111 ordering preparation of plans, specifications and authorizing advertisement for bids for improvement No. 86-03: paving, curb and gutter 3100 block of Quebec Ave. south cul-de-sac." The motion passed 7-0. 6b. Methodist Hospital Advance There being no one wishing to speak, the Refunding Bond Issue Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a .future date. 6c. McDonald's Amendment to special permit to Resolution 87-51 expand site and include a drive-thru facility at 6320 W. Lake 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 Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-51 entitled "A resolution rescinding Resolution No. 86-133 adopted on August 18, 1986 rescinding Resolution 5402 adopted on November 3, 1975 which amended Resolution 5002 dated February 19, 1974 which amended Resolution 4427 dated January 10, 1972 and granting special permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating 11111 to zoning to allow a class IV restaurant for property zoned B-2, business district, at 6320 W. Lake St." The motion passed 7-0. (Action on the above matter took place after action was taken on agenda item 8c, 2nd reading of an ordinance requesting vacation) . PETITIONS, REQUESTS, COMMUNICATIONS 7a. HRC communication Communication from Human Rights Commission: Request to refer complaints to Southwest Suburban mediation Center It was moved by Councilman Meland, seconded by Councilman Backes, to direct the City Attorney to review the request. Mayor Hanks asked if complaints were previously referred to the State. not The City Manager responded only if they were/resolved at the City level . The motion passed 5-0. RESOLUTIONS AND ORDINANCES 8a. Charter amendments Second reading of an ordinance Ordinance No. 1716-87 amending Home Rule Charter -89- , City Council meeting minutes May 4, 1987 It was moved by Councilman Strand, seconded by Councilman Friedman, to 1111 waive second reading and adopt Ordinance No. 1716-87 entitled "An ordinance , amending various sections of the St. Louis Park Home Rule Charter as listed below including deletion of all gender reference." The motion passed 7-0. 8b. Alley vacation Second reading of an ordinance Ordinance No. 1717-87 vacating a portion of an alley It was moved by Councilman Meland, seconded by Councilman Strand, to waive reading and adopt Ordinance No. 1717-87 entitled "An ordinance vacating a portion of an alley." The motion passed 7-0. 8c. Colorado Ave. vacation Second reading of an ordinance Ordinance No. 1718-87 vacating a portion of Colorado Ave. It was moved by Councilman Duffy, seconded by Councilman Friedman, to waive reading and adopt Ordinance No. 1718-87 entitled "An ordinance vacating street - Portion of Colorado Ave. north of W. Lake St." The motion passed 7-0.III � 8d. Variance denial Resolution denying variance in Resolution 87-52 lot area in front yard setback at 3870 Yosemite Ave. So. It was moved by Councilman Duffy, seconded by Councilman Mitchell , to waive reading and adopt Resolution 87-52 entitled "A resolution of findings regarding the application of Roger Hall for a variance under Section 14-133(5) of the St. Louis Park Ordinance Code relating to zoning to permit the creation of a lot having an area of 5,015 sq. ft. instead of the required 7,200 sq. ft. for property located in the R-2, single family residence district, at 3870 Yosemite Ave. So." The motion passed 7-0. 8e. 3300 On the Park Amendment to special permit Resolution 87-53 to modify design standards for enclosing balconies and patios at 3300-3320 Louisiana Ave. It was moved by Councilman Strand, seconded by Councilman Friedman, to waive reading and adopt Resolution 87-53 entitled "A resolution rescinding Resolution No. 7214 adopted on Sept. 17, 1982, amending Resolution No. 7131 adopted on May 3, 1982, amending Resolution No. 6193 adopted on Dec. 41.III 18, 1978 and granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow a 128-unit condominium multiple family development for property located in the PUD, Planned Unit development district, at 3300-3320 Louisiana Ave. So." The motion passed 7-0. -90- City Council meeting ,minutes May 4, 1987 REPORTS FROM OFFICERS, BOARDS, COMMITTEESIII 94. Conflict of interest policy Policy on conflict of interest/ off-duty employment The City Attorney made two minor revisions to the policy. It was moved by Councilman Strand, seconded by Councilman Mitchell , to direct the City Manager to implement the policy as amended, include it . in the personnel ordinance and distribute copies to all City employees. The motion passed 7-0. 9b. Definition of single family It was moved by Councilman Meland, seconded by Councilman Strand, to refer the matter to the Planning Commission. The motion passed 7-0. 9c. UltiMap Report received for filing by consent 9d. Private well abandonment It was moved by Councilman Meland, seconded by Councilman Friedman, 0111 to waive reading and adopt resolution establishing subsidies for well abandonment on private property. Two typographical errors were pointed out. Mayor Hanks asked if staff had a count on how many wells were abandoned last year. The City Manager replied approximately 150. Mayor Hanks said he had a tough time with this item since none of those people who have already abandoned wells had received any financial help. He said that when the City began a subsidy for the removal of diseased Dutch elm trees, it was at the beginning of the program and everyone was able to take advantage of the subsidy. That was not the case with the well abandonment program. Councilman Friedman asked if this program would pose any legal problems for the City, or was it strictly an equity question. The City Attorney responded that the City could be faced with requests for reimbursement. He believed the City would have the discretion to deny such requests for reimbursement for work previously done before a subsidy program was instituted. Councilman Friedman felt that even though a subsidy program was not in place previously, the City should proceed and put the program into effect now and assist those people who had the work done previously. He wished the City had the foresight to develop such a program a few years back, but unfortunately didn't. He quoted an old saying: "If wishes were horses, beggars would ride." -91- City Council meeting minutes May 4, 1987 Councilman Backes asked if there were a recent change in state law requiring abandonment of wells. The City Attorney said he believed the law has been in place for some time. He said it was an authority under the Commissioner of Health rules already in place for two to three years. Councilman Backes asked if the settlement of the Reilly Tar matter mandated the closing of wells. The City Manager responded the Remedial Action Plan mandated the closing of some wells, mainly some of the larger wells used for industrial purposes. The RAP did not address the closing of wells on private property. Councilman Backes asked why the City started a well abandonment program in April of 1986. The City Manager responded that after discussions with the Health Department, they encouraged such a program and suggested that when housing inspections are done would be an appropriate - time to locate those wells. He said the law does provide for enforcement of well abandonment if the Health Department chooses to exercise that option. Given the problems in the City in the past with groundwater, the decision was made to go ahead with an abandonment program. III Councilman Backes asked if the proposed program had come before Council . The City Manager said it did not. o Councilman Strand said he did not like the idea of an across the board subsidy. He would rather see it based on need. He felt that at the time of sale of a house, proceeds are available for this type of remedial action. He said there are a number of items required to be done from housing inspections that the City doesn't subsidize. He felt that if things such as furnaces are to be brought up to code, conceivably it could be said the City should financially assist with that. Councilman Friedman called the question. The motion to call passed 7-0. The motion of Councilman Meland, seconded by Councilman Friedman failed 3-4 (Councilman Backes, Duffy, Strand and Mayor Hanks opposed) . 9e. Stop-loss insurance Umbrella or stop-loss insurance It was moved by Councilman Meland, seconded by Councilman Duffy, that the City continue to self-insure •for liability above the primary insurance coverage currently in place and that the matter be referred to the City Attorney. The motion passed 7-0. 9f. Career development program11110 It was moved by Councilman Meland, seconded by Councilman Strand -92- City Council meeting minutes May 4, 1987 ...—' to direct the City Manager to implement the Career Development Program. 41111 The- motion passed 7-0. 9g. PER: paving Preliminary engineering report: paving west of 22nd St. between Flag Ave. and County Road 18 It was moved by Councilman Backes, seconded by Councilman Duffy, to accept the preliminary engineering report and set a public hearing for June 1 , 1987 and direct staff to hold an informational meeting with the affected property owners. The motion passed 7-0. 9h. Suburban Plumbing Highway 7 redevelopment district: Suburban Plumbing property It was moved by Councilman Meland, seconded by Councilman Duffy, to authorize staff to solicit proposals for redevelopment of the Suburban Plumbing property and the adjacent area extending from Wooddale to the MN&S Railroad. The motion passed 7-0. 9i . HRA minutes April 16 9j. HRA minutes April 21 41111 9k. Planning Commission minutes April 15 91 . HRA minutes April 7 9m. Annual financial report Items 9i through 9m ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions No business NEW BUSINESS lla. Raffle Request of Mt. Sinai Hospital Auxiliary to conduct raffle. Request to conduct raffle approved by consent. llb. Community Education budget It was moved by Councilman Meland, seconded by Councilman Duffy to accept the Community Education budget as received from the Policy Advisory Committee. 11/11 The motion passed 7-0. -93- City Council meeting minutes May 4, 1987 llc. Education Aids bill It was moved by Councilman Strand, Resolution 87-55 seconded by Councilman Meland, to waive reading and adopt Resolution 87-55 entitled "Resolution concerning the Education Aids bill ." The motion passed 7-0. MISCELLANEOUS 12a. Claims Lend Lease Trucks By consent, the claim was referred to City Clerk and City Attorney. 12b. Communications from the Mayor No communications. 12c. Communications from City Manager Items for a study session on May 6 were discussed. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims It was moved by Councilman Meland, seconded by Councilman Duffy, that the list of verified claims prepared by the Director of Finance dated May 4, 1987 in the amount of $433,896.96 for vendor claims and $8,465.98 for payroll claims be approved Illiand that the City Manager and City Treasurer be authorized to prepare checks in the appropriate amounts. The motion passed 7-0. 13b. Final payment Crowly Company, fencing at Aquila Park. Amount: $4,287. It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Resolution 87-54 entitled "Resolution accepting work on Aquila Park fencing project, Contract 1772." The motion passed 7-0. 14. Adjournment It was moved by Councilman Backes, seconded by Councilman Strand, to adjourn the meeting at 8:20 p.m. The motion passed 7-0. P;/// 1 /14L0f.A.--' ' dl) My ecorsing Secretary 11111 -94-