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HomeMy WebLinkAbout1988/10/03 - ADMIN - Minutes - City Council - Regular - unapproved 4b ' illMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 3, 1988 1 . Call to order Mayor Hanks called the meeting to order at 7:35 p.m. 2. Presentations Resolutions of appreciation for service to the City were presented to Bill Thibault, former Director of Planning and Jerry Lenzen, Assessing Technician. Mrs. John Ross, Braille Sports Foundation, presented a check in the amount of $1 ,000 for the development of programs and facilities for handicapped individu- als. Mayor Hanks presented a proclamation honoring National Business Women's Week. 3. Roll Call The following Council members were present at roll call : (4111 Bruce Battaglia Larry Mitchell Thomas Duffy David Strand Keith Meland Lyle Hanks Also present were the Acting City Manager, City Attorney, Acting Planning Director, Director of Public Works and -Finance -Director. 4. Approval of minutes It was moved by Councilmember Strand, seconded by Councilmember Duffy, to approve the minutes of the September 19, 1988 study session. The motion passed 5-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Duffy, seconded by Councilmember Battaglia to approve the minutes of the September 19, 1988 Council meeting. The motion passe4=D=2-itouncilmembers—M-e- ant- and Mitchell abstained) . It was moved by Councilmember Meland, seconded by Councilmember Mitchell to approve the minutes of the study session of September 26, 1988. The motion passed 4-0-2 (Councilmembers Duffy and Strand abstained) . 5. Approval of agenda It was moved by Councilmember Duffy, seconded by Councilmember Battaglia to approve the consent agenda for Oct. 41 3, 1988. r The motion passed 6-0. It was moved by Councilmember Duffy, seconded by Councilmember Mitchell , to approve the agenda for October 3, 1988. The motion passed 6-0. -197- City Council meeting Oct. 3, 1988 PUBLIC HEARINGS 1111 Tony's Park Market Application to sell 3.2 beer off-sale There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue at a future date. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve the application. The motion passed 6-0. 6b. Utility easement: 5051 Hwy. 7 Mark Dahlquist, Maid of Scandinavia, gave his support of the requested utility easement 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. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive first reading, set second reading for October 17, 1988 and authorize summary publication. The motion passed 6-0. ) REQUESTS, PETITIONS, COMMUNICATIONS 7a. Requested amendment to zoning ordinance Mayor Hanks referred to the letter from Thomas Peterson in which he requested having the Council look at three potential amendments to the zoning ordinance. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, that the matter be referred to the Planning Commission. Councilmember Strand asked that it be submitted thusly: should the zoning be changed to allow for towers only by special permit. That was agreeable to Council- member Mitchell . Councilmember Duffy said he could not _go along with the request for notification to all neighboring residents re anything being constructed in the I-1 district. He thought that was simply too time-consuming and cumbersome to carry out. He could support sending to the Planning Commission that special permits be required for towers over X number of feet. He- said he was aware that ham radio towers in residential districts up to 45 ft. are currently allowed without a special permit and that was something that should be discussed at the same time. Councilmember Strand suggested perhaps the request should be for a review of all structures including towers. Perhaps in that way there would be included a review of the entire ordinance with ham radio towers being permitted without a special permit. Councilmember Mitchell 's intent was for the three items in Mr. Peterson's letterto be reviewed. _ -198- City Council minutes Oct. 3, 1988 ( 4111 The motion passed 5-1 (Councilmember Strand opposed) . RESOLUTIONS AND ORDINANCES 8a. 1988-1989 budgets First reading of ordinance adopting revised 1988 and proposed 1989 budgets Mayor Hanks thanked staff for providing the materials relating to the budget that had been requested. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive first reading, set second reading for Oct. 17, 1988 and authorize summary publication, and that the information received that evening from the Finance Dept. be included in the sewer utility disposal activity budget. Councilmember Battaglia stated he remainded uncomfortable with the philosophy behind the budget. Due to his lack of experience in budget development because of his shorter term on the Council , he would support the budget based on the expertise of other Council members. Councilmember Strand said that he would oppose the motion. He had the following concerns: (1 ) in 1987, there was a $72 million addition to the property tax base which generated under the mill levy at the time an additional $1 .5 million in revenues. To him, that in a way was a tax increase that occurred simply because of the addition of the tax base; and (2) the increases proposed are simply too large. He said he would prefer:' to continue working on the budget to see if they couldn't come up with a lower figure. The motion passed 5-1 (Councilmember Strand opposed) . 8b. 1988 tax levy Resolution approving 1988 tax levy collecti- Resolution 88-142 ble in 1989 It was moved by Councilmember Meland, seconded by Councilmember Duffy to waive reading and adopt Resolution 88-142 entitled "Resolution approving 1988 tax levy, collectible in 1989 The motion passed 5-1 (Councilmember Strand opposed) . 8c. Delinquent charges Resolution levying assessment for delinquent Resolution 88-143 water/sewer/refuse charges, nuisance abatements, false alarm fees, and tree removal It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 88-143 entitled "Resolution levying assessment for delinquent water/sewer/refuse charges, nuisance abatements, false alarm fees and tree removal ." The motion passed 6-0. 8d. Minnesota Cellular Telephone Resolution of denial -199- City Council minutes Oct. 3, 1988 Tim Keane, attorney representing Minnesota Cellular, addressed Council , asked that his letter of September 28, 1988 addressing the resolution of denial be included in the record and that the slides from the neighborhood meeting be included in the record. He reiterated that Minnesota Cellular does need this site in the City, that much discussion has transpired as to need and benefit. He said that when the IDS tower is discontinued, the metropolitan area will be ringed with smaller towers to service the metropolitan area. He said with over 450 subscribers in the immediate area, a need for a tower exists in St. Louis Park. He said there were other small and light industrial users in this area. He said the antenna structure will generate no noise, traffic, pollution and there would be a substantial cleanup in the open storage yard. It was moved by Councilmember Strand, seconded by Councilmember Battaglia to defer action on this item until after Council meets in executive session prior to adjournment. In answer to a question from the Mayor, the City Attorney said it would be appropriate for Council to meet in executive session as Mr. Keane has indicated that should the permit be denied, his client will pursue litigation. The motion passed 6-0. 8e. Change land use designation Request to change land use designation Resolution 88-144 at 2925 Monterey Ave. ) It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-144 entitled "A resolution of findings regarding the application of J.D. International to change the land use and landscape plan for property zoned PUD located at 2925 Monterey Ave." The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive first reading, set second reading for October 17, 1988 amending the PUD zoning provisions for landscaping and authorize summary publication. The motion passed 6-0. 8f. Smith property Second reading of an or.dinanc,e Ordinance 1764-88 changing the zoning on the Smith property It was moved by Councilmember Strand, seconded by Councilmember Duffy, to waive reading and adopt Ordinance No. 1764-88 entitled "An ordinance amending the St. Louis Park ordinance code changing boundaries of zoning districts." The motion passed 6-0. 8g. Silverburg Addition Final plat Resolution 88-145 It was moved by Councilmember Duffy, seconded by Councilmember Strand, to waive reading and adopt Resolution 88-145 entitled "Resolution giving approval for final plat of Silverburg Addition." -199- City Council meeting minutes October 3, 1988 4111 -, The motion passed 5-1 (Councilmember Battaglia opposed) . - 8h. Polling places Resolution designating polling Resolution 88-146 and naming election judges for Nov. 8 election It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt Resolution 88-146 entitled "A resolution designating polling places and naming judges for November 8, 1988, state general election." The motion passed 6-0. 8i . Subdivision ordinance Second reading of ordinance amending Ordinance No. 1765-88 subdivision ordinance It was moved by Councilmember Meland, seconded- by Councilmember Duffy, to waive reading and adopt Ordinance No. 1765-88 entitled "An -ordinance amending the St. Louis Park Municipal Code Section 14-303(3) relating to the subdivision and platting of land." The motion passed 6-0. 8j. 6320 Oxford St. Purchase of land Resolution 88-147 It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Resolution 88-147 entitled "Resolution authorizing purchase of property_to replat area bound by W. 37th St. , Dakota Ave. So. and Oxford Ave. : 6320 Dakota Ave. " The motion passed 6-0. 8k. Request for l4nDOT funding Resolutions 88-148, 88-149 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt the following resolutions: No. 88-148 entitled "Resolu- tion requesting the Minnesota—Department -of i ansporlatiurr—to participate in project funding for City Project 88-25, north frontage road of T.H. 7 from Dakota Ave. to Wooddale Ave." and No. 88-149 entitled "Resolution requesting the Minnesota Department of Transportation to participate in project funding for City project 88-37, bituminous overlay of the 2900 block of Toledo Ave." The motion passed 6-0. 81 . Purchase of lots on Vernon Ave. 2708, 2712 Vernon Ave. It was moved by Councilmember Strand, seconded by Councilmember Meland, seconded by Councilmember Meland, to waive the following resolutions: No. 88-150 entitled "Resolution authorizing purchase of one lot located at 2708 Vernon Ave. So. ; -200- City Council meeting minutes Oct. 3, 1988 and Resolution No. 88-151 entitled "Resolution authorizing purchase of one lot located at 2712 Vernon Ave. So." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. 3201 Hillsboro DNR agreement for flood hazard abatement It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to authorize execution of a contract. The matter passed 6-0. 9b. American Legion Agreement with American Legion It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to authorized execution of an agreement with the American Legion. The motion passed unanimously. 9c. Assessment policy Revision of assessment policy for petitioned residential street lighting11/1 projects Councilmember Strand felt that routine notification to the neighborhood ought to be part of the policy. It was moved by Councilmember Strand, seconded by Councilmember Duffy, to revise the assessment policy as amended by Councilmember Strand. Motion passed 6-0. UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks noted the letter of resignation from Frank Abramson. He directed that a letter of thanks be sent to him. He asked for renomination of Karen Musolf and Len Thiel to the Housing Authority. This was so moved by Councilmember Duffy, seconded by Councilmember Strand and passed 6-0. NEW BUSINESS lla. Pulltab license Humane Society renewal of pulltab license By consent, the license was renewed. 1110 -201- City Council meeting minutes October 3, 1988 1111 . lib. Towing contract By consent, motion to authorize execution of a contract with Dick's Towing. llc. Bid tabulation 1988-89 tree planting stock By consent, motion to designate Hartman Tree, Midland Nursery, Midwest Landscap- ing, Schumacher's Inc. , Waconia Tree Farm and Wilson Nursery as lowest responsible bidders and authorize execution of contracts with those firms. MISCELLANEOUS 12a. Claims Diane Hedalen Jeremie Cannon John Bergquist By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks reminded Council of STEP's spaghetti dinner on Oct. 7 Mayor Hanks encouraged Council to get its legislative program underway as ( well as meet with the City' s legislators as soon after the elections as possible 12c. Communications from Acting City Manager The Acting City Manager said the proposed Charter changes are not in legislative script She said the zoning ordinance is now in draft form and will go to the Planning Commission on October 5. The question of a joint Council/Planning Commission review process has been discussed. Councilmember Strand wished to clarify to the Charter Commission that it was not the intent of Council not to meet with the commission but rather to get the Charter in a readable format in which Council would be able to understand the changes being proposed. It was decided a joint meeting between Council and the Planning Commission would be set for 6:00 p.m. on November 2 prior to the commission' s meeting. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated October 3, 1988 41// in the amount of $648, 196.08 for vendor claims and $12,286.97 for payroll claims be approved and that the City Treasurer and City Manager be authorized to issue checks in the appropriate amounts. -202- City Council meeting minutes October 3, 1988 1 13b. Contract payments - Partial 1 . J. P. Norex, storm sewer reconstruction. Amount: $28,719.48 2. Veit & Co. , Inc. , pond expansion surcharge. Amount: $169,660.53 By consent, motion to approve and authorize payment. Council adjourned to executive session. Council returned from its executive session at 9:08 p.m. It was moved by Councilmember Strand, seconded by Councilmember Mitchell to adopt the resolution of denial for Minnesota Cellular Telephone. Mayor Hanks asked the City Attorney if our zoning ordinance allowed a tower having a height of no greater than 112.5 ft. as a permitted use and if the special permit then dealt with the difference between the requested 160 ft. and the permitted 112.5 ft in height. The City Attorney also noted that staff has been reviewing a building permit submitted by the applicant for a tower 100 ft. in height. Staff has reviewed these plans with respect to applicable building and zoning standards. He also indicated that as part of this review, staff noted that the location of the tower was within the I-394 moratorium area. From his research, he advised the City Council that the construction of the tower would not be prohibited under the moratorium ordinance. The motion failed 3-3 (Councilmembers Battaglia, Mitchell and Strand in favor; Councilmembers Duffy, Meland, Mayor Hanks opposed) . In response to a question from Council , the City Attorney noted that with the absence of one Councilmember this issue should be deferred to the Oct. 17 meeting. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to deter this matter to Oct. 17, 1988. The motion passed unanimously. 14. Adjournment The meeting adjourned at 9: 11 p.m. 41-6 u/' )".' Mayor PR cording cretar (4- , ,_ III -203-