HomeMy WebLinkAbout1989/12/04 - ADMIN - Minutes - City Council - Regular •
MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
December 4, 1989
1 . Call to order Mayor Hanks called the meeting to order
at 7:30 p.m.
2. Presentations The City Clerk administered the
oath of office to the following Council-
members: Jane Tschida, Allen Friedman,
George Haun, Keith Meland and Larry
Mitchell
Mayor Hanks presented two proclamations to Pam Canning, coordinator of
the high school ' s drug aware program. She gave a brief description of
the programs currently being conducted at the school .
Resolution 89-186 Mayor Hanks read and presented to
Thomas Duffy a resolution commemorating
his six years of service to the
City of St. Louis Park. A commemorative
plaque was also presented to Tom.
3. Roll call The following Councilmembers were
present: George Haun, Allen Friedman,
Keith Meland, Larry Mitchell , Jane
Tschida and Lyle Hanks.
Also present were the City Manager, City Attorney, Director of Public
Works, Director of Community Development, Director and Assistant Directors
of Finance, Director of Inspections and Personnel Officer.
4. Approval of minutes It was moved by Councilmember Meland,
seconded by Councilmember Mitchell ,
to approve the Nov. 20, 1989 minutes
with the following correction: pg. 196, Councilmember Friedman noted
residents had been noticed on the first public hearing but not the continu-
ances.
The minutes as corrected passed 6-0.
It was moved by Councilmember Mitchell , seconded by Councilmember Tschida
to approve the minutes of the Nov. 29 public hearing with the names of
Sara Younger and Elmer Meyer corrected.
The motion passed 4-0-2 (Councilmembers Meland and Haun abstained) .
5. Approval of agenda It was moved by Councilmember Meland,
seconded by Councilmember Mitchell
to approve the consent agenda with
the following items moved to the regular agenda: 9a, 13a, 13b. The motion
passed 6-0.
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It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to approve the agenda for Dec. 4, 1989. The motion passed 6-0. 111
PUBLIC HEARINGS
6a. Minneapolis Golf Club Dianne Lefty, 9011 Westmoreland,
gave background material and an
update on the most recent meetings
between the Golf Club and neighborhood. They were again asking the request be
enie .
The City Manager noted that instead of having a permanent hard surface
roadway, the parties had agreed to a temporary gravel road and parking
lot. However, a permanent road could not be gravel because the weight
of firefighting equipment which might need to access the roadway. The Fire
Chief had said a gravel road would be acceptable up until May of 1990. The
City Manager also stated that the City Attorney was recommending that
a - vote on the Golf Club's request should be deferred as notification requirerrents
had not been fulfilled.
Paul Kelsey, 1811 Flag Ave. and Tom Wurr, manager of the Club, also
addressed the issue. Mr. Wurr was asking for a continuance to January.
Ed Christensen, 1830 Flag Ave. , spoke of the problems with cars parking
up and down both sides of Flag Ave.
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
that the item be continued to Jan. 16, 1990. III
Councilmember Mitchell said it appeared there was a tentative agreement
between the neighborhood and the Club which apparently fell apart. He
wanted to see some more time spent on resolving this situation.
Ms. Lefty asked that Council deny the special permit, that the neighborhood
sit down with the Club and try to work out some other solution but not
be restricted to a certain date.
Councilmember Friedman reiterated his request that a drainage plan be
brought before Council and that he would not vote on the matter until
such time as a drainage plan is provided. He remained troubled by unanswered
questions relative to pollution at this site, by depreciating values
of homes and the issue of a 10-ft. wide driveway and the composition
of the roadway.
The motion passed 6-0.
6b. Side yard/Rear yard setbacks Proposed amendment to Zoning Ordinance
The City Manager asked where this request had come from, and the Director
of Community Development said it was the result of requests to staff
from people with corner lots who wish to construct garages.
Councilmember Meland suggested a drawing being provided to Council for
second reading on Dec. 18, 1989.
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There being no one wishing Co speak, the Mayor closed the hearing with
the right of Council to thereafter reopen and continue at a later date.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to set second reading for Dec. 18, 1989 and authorize summary publication.
The motion passed 6-0.
6c. Adult daycare Amendment to zoning ordinance
to include a definition of adult
daycare
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 later
date.
It was moved by Councilmember Mitchell , seconded by Councilmember Tschida
to set second reading for Dec. 18, 1989 and authorize summary publication.
The motion passed 6-0.
6d. Methodist Hospital Request of Methodist Hospital
for an amendment to a special
permit
There being no one wishing to speak, the Mayor closed the public hearing.
Councilmember Friedman recalled that when Methodist previously came
in for a special permit, that permit was approved with several conditions,
one of which that the hospital comply with handicapped parking laws.
They were to comply by November 1 and to date, have not. He asked that
the City Manager direct a letter to Methodist indicating their special
permit will be cancelled unless they come into compliance.
It was moved by Councilmember Mitchell , seconded by Councilmember Friedman,
to direct the City Manager to contact Methodist about Council ' s concerns
re handicapped parking and report back at the Dec. 18 meeting.
Councilmember Friedman wanted the record to show that Methodist received
a letter from the City on November 16, 1989 stating they were not in
compliance. No word was heard from them on this matter until December
4.
-A question arose as to what would happen to Methodist ' s current work in
progress should the special permit be pulled. The Director of Inspections
was not exactly sure the status of that project and it was requested
that that become part of the Dec. 18 update.
The motion passed 6-0.
6e, 6f. Larsen-Dorn Partnership Preliminary plat, special permit
There being no one wishing to speak, the Mayor closed the hearing.
It was moved by Councilmember Meland, seconded by Councilmember Haun,
to direct staff to bring the requests back to Council for consideration
at a new public hearing upon execution of the development agreement.
The motion passed 6-0.
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6g. Maytag Co. Request of Maytag Co. for approval -
Resolution 89-187 of a one lot subdivision for
property located in the DDD at
5310 Cedar Lake Rd.
There being no one wishing to speak, the Mayor closed the meeting with the
right of Council to thereafter reopen and continue it at a future date.
In answer to Councilmember Friedman' s question as to exactly what was being
divided, the Director of Community Development displayed an overhead and
described the request, that basically nothing was changed and this was necessary
so the property could be conveyed.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to adopt Resolution 89-187 entitled "Resolution giving approval for preliminary
plat of Maytag Addition."
The motion passed 6-0.
6h. Control Data Corp. Request of Control Data Corp.
Resolution 89-188 for an amendment to an existing
special permit under Section
14-123. 100(2) and 14-107(2)
of the Zoning Ordinance to permit
the construction of a groundwater
treatment center for property
locatedin the I-1 , Industrial
District. Case No. 89-97-SP III
Councilmember Friedman referred in staff' s memo to the comment in the event
Control Data was not able to complete the cleanup, Superfund monies could
he available to complete the project. He asked if it were possible the
City could get stuck for funding of this project or even completing it.
The Director of Community Development said he was in possession of a letter
from the PCA addressing this issue. Specifically, the letter stated Superfunds
would be available in the event the project were not completed by Control
Data.
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 Meland, seconded by Councilmember Mitchell ,
to adopt Resolution 89-188 entitled "A resolution granting special permit
under Section 14-123. 100(2) of the St. Louis Park Ordinance Code relating
to zoning to permit construction of a groundwater treatment center for
property zoned I-1 , Industrial District and F-2, Floodplain District, located
at 3965 Meadowbrook Rd."
The motion passed 6-0.
6i . Salkin and Linoff Request of Salkin & Linhoff
Resolution 89-189 for an amendment to an existing
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December 4, 1989
111 special permit under Section
14-123. 100(2) of the Zoning
Ordinance to permit the construction
of a groundwater treatment center
for property located in the
I-1 Industrial District and
F-2, Floodplain District, at
7400 Excelsior Blvd. Case No.
89-98-SP
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 Councilmember Meland, seconded by Councilmember Mitchell ,
to adopt Resolution 89-189 entitled "A resolution granting special permit
under Section 14-123. 100(2) of the St. Louis Park Ordinance Code relating
to zoning to permit construction of a groundwater treatment center for
property zoned I-1 , Industrial District, and F-2, Floodplain District,
located at 7400 Excelsior Blvd. "
The motion passed 6-0.
6j. Approval of 1990 tax levy There being no one wishing to
Resolution 89-190 speak, the Mayor closed the
hearing with the right of Council
III reopen and continue it at a future date.
It was moved by Councilmember Meland, seconded by Councilmember Mitchell ,
to adopt Resolution 89-190 entitled "Resolution approving 1989 tax levy,
collectible in 1990. "
Councilmember Friedman asked by the money collected for the sale of Vernon/TH
12 couldn't go into the General Fund to offset some of the levy.
The City Manager said disposition was discretionary on the part of the
City Council , and staff's recommendation was based on the project and its
impact on that geographic area of town.
The Director of Finance noted that by City Charter if there is any legal
obligation against a piece of property or any improvements to be made on
the property, any part of proceeds should be applied to that obligation.
He noted there was no direct obligation, but according to Public Works
there is a possibility the City will be indebted up to $40,000 for streetlight
installation.
Councilmember Friedman said he had difficulty supporting the levy when
$360,000, earmarked for other funds, could conceivably be placed in the
General Fund to assist in lowering the levy. He said he would vote in favor
even though he wasn't in favor of the distribution.
The City Manager was in philosophic agreement with Councilmember Friedman.
He said the problem was that the City would be lowering its levy limits
to a point we would not want to be at in re the 1991 and 1992 levy. If
the levy limits were not to be in place for those years, he felt Councilmember
Friedman's suggestion would be excellent. However, given the foregoing,
he had serious reservations about it.
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December 4, 1989
Councilmember Haun asked about the necessity of the purchase of a front-end
loader/snowblower. The Director of Public Works explained the City' s current
procedure for snow removal and that efficiency of this operation will be
accelerated by use of this type of equipment. The current practice is to
use a conveyor-belt system for removal of piled snow -- a system which
is not only antiquated by potentially dangerous to the snow removal crews.
After winter the front-end loader part of the equipment will be available
to other City departments.
The motion passed 6-0.
PETITIONS, REQURESTS, COMMUNICATIONS
None.
RESOLUTIONS AND ORDINANCES
8a. Sale of property: Vernon/Hwy. 12 It was moved by Councilmember Meland,
Ordinance 1812-89 seconded by Councilmember Tschida,
to adopt Ordinance No. 1812-89
entitled "An ordinance authorizing sale by the City of property at the
southeast corner of T. H. 12 and Vernon Ave. to the State of Minnesota."
The motion passed 6-0.
8b. Disposition of monies Sale of land: Vernon Ave./T. H.
Resolution No. 89-191 12 III
Councilmember Friedman stated again that he preferred to see the funds
placed in the General Fund rather than have them dedicated at this point.
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
to adopt Resolution No. 89-191 entitled "Resolution distributing property
sales proceeds."
The motion passed 5-1 .
8c. 1990 budget First reading of ordinance.
It was moved by Councilmember Mitchell , seconded by Councilmember Tschida,
to set second reading of ordinance for Dec. 18, 1989.
The motion passed 6-0.
8d. Position classification/pay plan Revision of position classification
Resolution 89-192 and pay plan for 1990
It was moved by Councilmember Meland, seconded by Councilmember Tschida,
to adopt Resolution 89-192 entitled "Resolution revising position classification
and salary plan and amending Resolution No. 89-53 effective January 1 ,
1990."
The motion passed 6-0.
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City Council meeting minutes
Dec. 4, 1989
111 8e. Water/sewer/refuse rates First reading of ordinance re water/
sewer/refuse rates
It was moved by Councilmember Mitchell , seconded by Councilmember Meland,
to set second reading for December 18, 199-8. 3Gj
Councilmember Mitchell noted that the rates had ll virtually doubled but recycling
credit had stayed the same. Was there a reason. In the future he hoped
the figures would improve as this sends the wrong message.
Councilmember Tschida said many of her constituents have expressed the
opinion recycling be done every two weeks. Was this possible.
Wally Wysopal , formerly in charge of recycling, said that when the contract
was signed all bidders were collecting weekly because they were dispersing
their collection based on personnel and equipment over several different
communities.
The City Manager said this was a suggestion that staff would investigate
as the time for contract renewal approaches.
Councilmember Friedman reviewed the figures and noted that the State has
instituted a 6% sales tax on recycling and Hennepin County has increased
the tipping charges from $75/ton to $95/ton. What if cities refused to
111 pay these charges? He didn't think residents of communities understood
this increased charges any better than he or the rest of the Council did.
He felt the cities were entitled to answers. He was voting no as a matter
of principle.
Councilmember Haun felt the leaf pickup program was going to be a problem
in the Fall of 1990 because of increased rates. He did not think the City
could wait until next August to start solving this problem.
Councilmember Tschida suggested this whole matter be placed on an upcoming
study session agenda.
Mayor Hanks asked if the City had any alternatives to the Hennepin County
burn facility. He noted Hopkins was using a service that charged less than
the County.
Mr. Wysopal said Hennepin County had three designated sites. Hopkins is
sending its waste to the Reuter plant in Eden Prairie because Reuter collects
that city's gartage. They do not perform that service in St. Louis Park
whose collections go to downtown Minneapolis. He felt the prices were very
competitive.
Mayor Hanks noted the water increases were of the City's own doing, to
which the City Manager responded a case could be made for the increase
III being due to increasingly stringent federal and state treatment requirements.
The Mayor felt that rather than not paying the bills, he would like to
have all alternatives explored. He did not think voting nay in protest
was the appropriate course of action.
On sewer rates, Councilmember Meland noted any increases are largely due
to MWCC policies re treatment. A good portion of those monies are used
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December 4, 1989
to subsidize sewer construction in other communities. The City built most
of its system itself.
Councilmember Friedman understood that the City keeps its reserves up so
in case of emergency, the funds are available and MWCC would not be subsidizing
repair.
Councilmember Meland recalled requesting some time ago if the City would
be able to request funding from MWCC should an emergency arise.
The motion passed 4-2 (Councilmembers Friedman and Tschida opposed) .
8f. Gas/mechanical sections of code Proposed amendments
Councilmember Friedman noted the associations that had requested these
changes. He said it made him nervous when more licenses and more fees were
being proposed. It appeared to him this might be a maneuver to get some
little contractors out of the business.
The Director of Inspections could not comment on that opinion. Now) one
license is issued to do most jobs, plumbing for example. The proposal would
allow him to do a variety and larger jobs such as environmental plumbing.
What the proposal does is breaking licensing down into the disciplines
as they exist in the trades today.
The City Manager noted that the City' s Building Construction Codes Advisory
Commission had also reviewed and approved the amendments.
Councilmember Friedman failed to see where the proposal would increase
the City' s ability to inspect, take more time on the part of staff to issue
the licenses, doesn't protect the public any better. It does seem to put
some smaller operations out of business.
Councilmember Mitchell said it seemed to him that instead of one person
doing a job, it would appear that under this proposal it might take two
or three additional people.
It was moved by Councilmember Friedman, seconded by Councilmember Tschida,
to table the issue.
The motion passed 6-0.
REPORTS FROM OFFICERS, BOARDS, COMMITTEES
9a. Traffic study 413 Request for parking restrictions
Resolution 89-193 and fire lane: Methodist Hospital
On a 6-0_vote, adopt Resolution 89-193 entitled "Traffic Study 413: Resolution
establishing fire lanes and prohibiting parking along access drives serving
the Methodist Hospital campus and its parking lots."
Councilmember Friedman asked who pays for the signs and who pays for the
inspectors to go on private property and install the signs.
The Director of Public Works responded that the signs are installed by
the property owner.
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He said Fire Department staff would inspect the signs upon completion of
111 installation and that no fee is charged for that. Time involved is minimal . He
said inspections were made at foundations, churches, synagogues, schools,
etc. as well as commercial areas, malls etc.
9b. Fire Relief Association It was moved by Councilmember Mitchell ,
seconded by Councilmember Friedman,
18, 1989, to set the public hearing for December
The motion passed 6-0.
9c. Planning Commission minutes Nov. 15
9d. Board of Zoning Appeals minutes Oct. 26
Items c and d ordered filed by consent.
UNFINISHED BUSINESS
10a. Boards and Commissions No business.
NEW BUSINESS
lla. Raffle renewal : Lions Club By consent, motion to approve,
waive 60-day waiting period
lib. Liability limits: Licenses/permits It was moved by Councilmember Meland,
seconded by Councilmember Mitchell ,
to
reading for Dec. 18, 1989 and authorize summary publication.
The motion passed 6-0.
qhI
llc. Vehicle pre-emption system A, Bid tabulation: Emergency vehicle
pre-emption system at four locations
It was moved by Councilmember Friedman, seconded by Councilmember Meland,
to designate Egan-McKay Electrical Contractors as lowest responsible bidder
and authorize execution of a contract for $37,905 and to authorize expenditure
of $1 ,500 to MnDOT for installation of signal at Wooddale/T.H. 7
The motion passed 6-0.
lld. Liquor license renewals 1990 intoxicating
It was moved by Councilmember Tschida, seconded by Councilmember Meland,
to approve issuance of 1990 intoxicating liquor licenses contingent upon
payment of applicable fees and taxes and evidence of insurance by the respect-
ive license holders.
The motion passed 6-0.
11 Liquor license renewals 1990 non-intoxicating
It was moved by Councilmember Meland,
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City Council meeting minutes
December 4, 1989
seconded by Councilmember Friedman, to approve issuance of 1990 non-intoxica-
ting liquor licenses contingent upon payment of applicable fees and taxes111
and evidence of insurance by the respective license holders.
The motion passed 6-0.
MISCELLANEOUS
12a. Damage claims Shapiro vs. SLP
By consent, claim referred to City Clerk and City Manager.
12b. Communications from Mayor Mayor Hanks noted he and Councilmember
Mitchell attended the National
League of Cities conference in
Atlanta and gave a brief recap.
12c. Communications from City Manager The City Manager said staff would
be furnishing to the newspaper
a news release publicizing a public
hearing on the Comprehensive Plan before the Planning Commission on Dec.
20, 1989.
CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS
13a. Verified claims Councilmember Friedman asked if
salaries of temporary employees
are a budgeted item. The City Manager
responded they were. Councilmember Friedman questioned some of the departments
that had temporary employees.
The City Manager said staff will provide Council with a written explanation
of that. Motion to approve passed unanimously.
13b. Contract payments - Resolutions 89-194, 89-195 ge°
1 . Final payment: Lantto Building, flood mitigation. Amount: $7,534.
2. Final payment: Killmer Electric, traffic signals. Amount: $7,982.*%"
By consent, adopt following resolutions: No. 89-194 "Resolution accepting
work on flood mitigation construction: 3201 Hillsboro Ave." and No. 89-195
"Resolution accepting work on traffic control systems and intersection
channelization, City Project 87-51 , 87-52."
Councilmember Friedman noted an increase in the Lantto payment from the
original bid. He questioned why the City keeps getting caught in these
" overruns.
, The City Manager to respond via memo at a later date.
/ The Council reconvened as the Economic Development Authority for the purpose
\ I The
election of officers. The following action was taken:
President: Keith Meland (Friedman/Tschida moved & seconded) . 6-0
Vice-president: Allen Friedman (Mitchell moved, Tschida seconded) 6-0
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December 4, 1989
111 Secretary: Pat Smith (Hanks moved, Mitchell seconded) 6-0
Assistant Secretary: Carmen Kaplan (Friedman moved, Tschida seconded) 6-0
Treasurer: Lyle Hanks (Friedman moved, Tschida seconded) 6-0
Assistant Treasurer: HarlanSyver(soniedman moved, Haun seconded) 6-0.
14. Adjournment On a motion by Councilmember Mitchell ,
seconded by Councilmember Friedman,
the meeting adjourned at 10: 15
p.m.
ll ) /bITAii
Lyl . -Hanks, Mayor
J--- 1
R cording Secretary
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