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HomeMy WebLinkAbout1989/04/17 - ADMIN - Minutes - City Council - Regular 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA April 17, 1989 1 . Call order The meeting was called to order ___ at 7:30 by Mayor Lyle Hanks. . 2. Presentations Jim Vaughan, City Forester, presented a Tree City U.S.A. certificate to Mayor Hanks commemorating the City's ninth consecutive year being named Tree City U.S.A. 3. Roll Call The following Councilmembers were present at roll call : Thomas Duffy Larry Mitchell Allen Friedman David Strand Keith Meland Lyle Hanks III Also present were the City Manager, City Attorney, Director of Community Develop- ment and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to approve the minutes of the April 3, 1989 meeting with the following correction: pg. 62, item lld. , in fourth paragraph change 1989 to 1987. The motion passed 4-0-1 (Councilmember Duffy abstained) . It was moved by Councilmember Strand, seconded by Councilmember Meland, to approve the minutes of the long range planning session held April 6-7, 1989. The motion passed 5-0. 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to approve the consent agenda for April 17, 1989. The motion passed 6-0. It was moved by Councilmember Duffy, seconded by Councilmember Meland, to approve the agenda for April 17, 1989. The motion passed 6-0. IIIPUBLIC HEARINGS 6a. Variance: Twinco Variance for side yard and rear • Resolution 89-39 yard setbacks: 7430 W. 27th St. The architect for the project displayed boards and spoke briefly to the issue. -64- City Council meeting minutes April 17, 1989 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 waive reading and adopt Resolution 89-39 entitled "A _resolution granting variance in side yard setback, rear yard setback and floor area ratio from Section 14-163(1 ) (5) of the ordinance code relating to zoning to permit a side yard setback of 4 ft. instead of the required 20 ft. , a rear yard setback of 6 ft. instead of the required 20 ft. and a floor area ratio of .52 instead of the required 0.5 in the B-3 business district at 7430 W. 27th St." The motion passed 5-1 (Mayor Hanks opposed) . 6b. Vacation: Twinco Request to vacate a 20-ft. wide utility easement along the west property line: 7430 W. 26th St. 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 waive first reading, set second reading for May 1 , 1989 and authorize summary publication. The motion passed 6-0. 6c. Variances Amendment to Ordinance Code re variances It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to continuethe item to May 1 , 1989. The motion passed 6-0. 6d. Year XV Community Development Program Grace Norris, Greater Minneapolis Resolution 89-40 Day Care, thanked the Council for its past help and the proposed financial assistance for 1989. Mary Hartmann, Executive Director of Wayside House, thanked Council for its financial support to Wayside House and for accepting them into the community. She commented briefly on what the CDBG funds would be earmarked for at Wayside House. Mayor Hanks clarified that this allocation to Wayside House was a one-time allocation to allow them to bring their building up to code and get their program started. He noted this program would not be an on-going recipient of City funding. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue the hearing to a later date. -65- City Council meeting minutes April 17, 1989 111 Councilmember Strand asked of the allocation for Housing Rehabilitation, how much was actually used for the four years 1985-1988. The Assistant to the City Manager said that the first two years, 100% of the allocation was used. She said about two years ago the program fell behind because the administrator of the program was doing housing inspections. The administrator felt he would be caught up by the end of this year. Councilmember Strand wondered if some of the funds earmarked for housing rehabili- tation could not be used for Wayside House. The City Manager felt that was certainly possible and the Assistant to the City Manager agreed. Councilmember Strand said he felt it appropriate an additional $20,000 be allocated to Wayside House, the funds coming out of the unexpended funds for housing rehabilitation. It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Resolution 89-40 entitled "Resolution approving proposed program and funding for Year XV - Urban Hennepin County Community Development Block Grant funds and authorizing application submittal" with an amendment to increase the amount for Public Facilities-Wayside House to $50,000 and reduce the Housing Rehabilitation by $20,000. III Councilmember Mitchell did not recall discussing CDBG funding in budget sessions and was unclear as to carry-overs from previous years, expanding of funds by the end of the year and various other aspects of the program. He was unclear as to how the program operates. Mayor Hanks said the City was reimbursed by Hennepin County upon the completion of work and substantiating data. He said the reason for reserves is thee actually is a year and a half alloted for expenditure of funds, not just 12 months. Councilmember Mitchell was fully supportive of Councilmember Strand's amended motion. His concern was the unexpended funds. He felt, with the City's strong focus on rehabilitation of its housing stock, funds such as were in reserve could have been and should be tapped. Councilmember Friedman wondered why Wayside House qualified under the guidelines as spelled out by the CDBG program. Councilmember Strand said he has asked staff to check with the County to see if the types of improvements at Wayside House to be funded under the CDBG program were eligible and the County said they were. He said there were probably a number of similar projects in the City which would qualify for similar funding. The motion passed 6-0. III6e. Amhurst Preliminary plat It was moved by Councilmember Meland, seconded by Councilmember Duffy, to remove the item from the table. The motion passed 5-1 (Councilmember Strand opposed) . -66- City Council meeting minutes April 17, 1989 David Sellergren, representing Cheyenne Land Co. , addressed Council statingIII his client had applied for a two-lot, single-family subdivision on six acres in the Amhurst area. He gave a brief history of the attempts to develop this land. The essence of the history of this land is that it can only be accessed via the City of Minnetonka street system. Councilmember Mitchell asked if Mr. Neslund controlled a majority of the Amhurst Association. Mr. Sellergren responded no, he gave up control in 1984. Councilmember Mitchell asked if during the time he has owned the land, could he have exercised the option of control should he choose. Mr. Sellergren said from July to October 1984, Mr. Neslund still had control of the Association' s Board -- approximately the same time he came in control of the property. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Duffy, to waive reading and adopt resolution approving the preliminary plat. Councilmember Friedman asked about the hold harmless agreement. Mr. Sellergren said there was no such agreement, that the City's attorney had suggested the applicant make its own arrangements with Minnetonka. In addition, on the advice of the City' s attorney, the applicant will sign a document which will be recorded on the title informing the owners of the homes that they will be getting utility service from the City of Minnetonka and therefore hold St. Louis Park harmless from any liability related to that. In answer to a question from Councilmember Friedman, the City Attorney explained the preliminary plat approval procedure under City Charter. Given the procedural history of this request, it was the City Attorney's advice that a resolution memoralizing certain aspects of the preliminary plat approval be brought to the City Council ' s prior actions on this matter. Councilmember Friedman was very concerned about public safety services. He was concerned if a homeowner on this property called 911 and St. Louis Park failed to respond. He didn't see how a hold harmless agreement would protect the City of St. Louis Park in the event of a catastrophe. Mr. Sellergren said it had been determined that the response times from St. Louis Park and Minnetonka are equivalent. Based on the advice of the St. Louis Park City Attorney, a release has been prepared. The motion failed 3-3 (Councilmembers Friedman, Mitchell and Strand opposed) . Councilmember Friedman felt giving the property to Minnetonka and getting it off the City's hands might be the best way to go. III Councilmember Meland said the motion failed for lack of four votes. He thought the public hearing should be continued so that the motion can either be approved or rejected by four votes. -67- City Council meeting minutes April 17, 1989 111 It was moved by Councilmember Meland, seconded by Councilmember Duffy, to continue the hearing to May 15, 1989. The motion passed 4-2 (Councilmembers Friedman and Mitchell opposed) . The City Attorney pointed out that the City code provides that the Council shall approve, modify, disapprove a preliminary plat. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Susan Lindgren School request Playground equipment Dana Strong, 4321 Browndale, addressed Council . He gave background on why this request was before Council . Mayor Hanks had hoped that at this meeting to have Council direct the City Manager and Superintendent of Schools to look at the situation. It was his understanding the School District had the equipment to do the grading and so forth. Councilmember Mitchell did not recall the Council ever discussing this proposal . He felt the project was a lot further down the road without any Council involve- ment. He said there were a number of questions: other playgrounds, other schools, other equipment. He felt the matter should go to a study session III before proceeding any further. Jim Rhodes, resident and chair of Parks and Recreation Commission, said the commission voted to bring it to Council . He said the commission felt the City and School District had an excellent relationship in saving taxpayers dollars. He said this is the only school not adjoined by a playground. The commission felt the City could do things cheaper than the School District and there are things the School District can do cheaper. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to schedule further discussion for Monday, April 24 and ask that a representative of District 283 be in attendance. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Salt/sand storage facility Second reading of an ordinance /1< Ordinance 1781-89 It was moved by Councilmember Duffy, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1781-89 entitled "An ordinance authorizing the transfer of funds for the construction of a sand/salt storage facility." The motion passed 6-0. 8b. Vacation: Utility easement Second reading of an ordinance Ordinance No. 1782-89 vacating the west 5-ft. portion of a utility easement: Federation Addition -68- City Council meeting minutes April 17, 1989 It was moved by Councilmember Friedman, seconded by Councilmember Meland, 111 to waive reading and adopt Ordinance 1782-89 entitled "An ordinance vacating public utility easement: 3620 Decatur Ave." The motion passed 6-0. 8c. Long-range planning Resolution re long-range planning Resolution 89-41 It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-41 entitled "Resolution rescinding resolution No. 88-48 and establishing a policy for long-range planning- for the City Council of the City of St. Louis Park, Minnesota." The motion passed 6-0. 8d. Firefighter labor agreement Resolution 89-42 It was moved by Councilmember Friedman, seconded by Councilmember Meland, to waive reading and adopt Resolution 89-42 entitled "Resolution approving the firefighter labor agreement and establishing salaries and insurance contri- butions for the years ending Dec. 31 , 1988 and Dec. 31 , 1989." The motion passed 6-0. III 8e. Ordinance: Firefighter contract It was moved by Councilmember Friedman, seconded by Councilmember Duffy, to waive first reading, set second reading for May 1 , 1989 and authorize summary publication. The motion passed 6-0. Councilmember Duffy left the chambers. 8f. Pets in parks First reading of an ordinance Richard Courtney, 1604 Kentucky Ave. , addressed Council . As a new resident, he said they liked the parks, the progressive attitude and recycling. He said they are animal lovers and they would like to be able to take their dog into the parks and be responsible for cleaning up after him. He felt this should be the law applying to all pet owners who use the parks. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to waive first reading, set second reading for May 1 and authorize summary publication. Councilmember Meland referenced the list in front of Council listing heavily used parks for athletic and picnicing area. He would like to see this parks exempted from pets and let them be allowed in other parks in designated areas. III He asked that for second reading there be specified where signs restricting domestic animals would be located. -69- City Council meeting minutes April 17, 1989 111 Councilmember Meland said he believed the ordinance requires residents to clean up after their pets outside of the parks. He asked how that was being enforced. The City Manager said realistically such an ordinance is able to be enforced when you get a complaint and followup in timely fashion. It is hoped that 99% of the residents will comply voluntarily. He said it was not a high priority because of other demands for police service. Councilmember Friedman asked what was the procedure when residents call to report a dog running loose. The City Manager said this was a much higher priority than the waste question. The motion failed 3-2 (Councilmember Strand and Mayor Hanks opposed) . It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to defer the matter to May 15, 1989. The motion passed 5-0. 8g. Boards and commissions Second reading of ordinance re Ordinance 1783-89 structure of boards and commissions III It was moved by Councilmember Strand, seconded by Councilmember Meland, to waive reading and adopt Ordinance No. 1783-89 entitled "An ordinance amending the St. Louis Park Municipal Code related to advisory boards and commissions amending Sections 1-301 through 1-342." The motion passed 5-0. 8h. Nortel Cable Second reading of an ordinance Ordinance No. 1784-89 re Nortel Cable' s complaint procedure It was moved by Councilmember Mitchell , seconded by Councilmember Strand, to waive second reading and adopt Ordinance 1784-89 entitled "An ordinance amending the St. Louis Park Municipal Code relating to the operation of a cable television system in St. Louis Park amending Section 9-719(1 ) (a) , "Complaint Procedures." The motion passed 5-0. 8i . Cable TV ADvisory Commission Resolution rescinding resolution Resolution 89-43 establishing Citizens Cable TV Advisory Commission It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive reading and adopt Resolution 89-43 entitled "Resolution rescinding III Resolution 7155 establishing the Citizens Cable TV Advisory Commission and Resolution 84-107 amending Resolution 7155 to increase the size of the Citizens Cable TV Advisory Commission." The motion passed 5-0. -70- City Council meeting minutes April 17, 1989 8j. Parkdale/Gamble parking facility Conditions for development ill Resolution 89-44 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-44 entitled "A resolution authorizing conditions of development to be filed upon property developed by MEPC American Properties for Parkdale/Gamble parking facility." The motion passed 5-0. 8k. Vacancy on Council Resolution declaring vacancy: Councilmember At Large "B" It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to waive reading and adopt Resolution 89-45 entitled "A resolution declaring a vacancy to exist in the office of Councilmember At Large "B" upon the resignation of Councilmember David Strand." The motion passed 5-0. 81 . 3601 Wooddale Reconveyance of property It was moved by Councilmember Meland, seconded by Councilmember Mitchell to waive first reading, set second for May 1 , 1989 and authorize summary publication. 8n. Benefit law change By consent, motion to waive reading and adopt Resolution 89-46 entitled "A resolution modifying the benefits of St. Louis Park Police Relief Association." 8n. Board of Zoning Appeals First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Strand, to waive first reading, set second reading for May 1 and authorize summary publication. The City Manager said some refinements are needed and staff would suggest it come back for second reading to coincide with item 6c. Councilmember Meland changed his motion to set second reading for May 15. The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic study 398 Parking restrictions along north Resolution 89-47 side of north frontage road of Hwy. 7 adjacent to Skippy Field. By consent, motion to waive reading and adopt Resolution 89-47 entitled "Resolut- ion authorizing installation of "no parking" signs on the north side of the north frontage road of Hwy. 7 from Ottawa Ave. westerly 500 ft. and from Raleigh Ave. easterly 185 ft." -71- • City Council meeting minutes April 17, 1989 111 9b. Traffic study 399 Parking restrictions at Walker Resolution 89-48 St. west of Pennsylvania and Pennsyl- vania Ave. north of Walker St. By consent, motion to waive reading and adopt Resolution 89-48 entitled "Resolution authorizing installation of parking restriction signs on Walker St. west of Pennsylvania Ave. and Pennsylvania Ave. north of Walker St." 9c. Traffic study 400 Permit parking: 6012, 6018, 6024 Resolution 89-49 and 6026 W. 35th St. By consent, motion to waive reading and adopt Resolution 89-49 entitled "Resolu- tion authorizing parking restrictions from a point 248 ft. west of Alabama Ave. to Wooddale Ave." 9d. Traffic study 401 Resolution establishing fire lanes: Resolution 89-50 W. 38th and Natchez By consent, motion to waive reading and adopt Resolution 89-50 entitled "Resolution establishing fire lanes and prohibiting parking along the municipal parking lot at W. 38th St. and Natchez Ave." 9e. Summer swim rates It was moved by Councilmember IIIStrand, seconded by Councilmember Meland to confirm that 1989 swimming pool rates remain at the 1988 rates. The motion passed 5-0. 9f. Housing Authority minutes March 21 9g. March 1989 financial report 9h. Financial contingency plan By consent, 9f, g, h ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions None. NEW BUSINESS lla. Scott Schmickler Mr. Schmickler showed pictures 7312 Minnetonka Blvd. of the plow on Minnetonka Blvd. plowing snow. The picture showed that the blade was wider than the sidewalk, thereby digging up the sod. He said that the double bungalow at 7306-7304 Minnetonka had a large dead tree in the yard and there was junk and refuse in the backyard. He said that the property is not maintained. He felt the owner should be made to clean -72- • City Council meeting minutes April 17, 1989 up the property. 111 Councilmember Friedman suggested he put his complaint in a letter to the City Manager for action. MISCELLANEOUS ' 13a. Damage claims Doris Robinson Robert Zimdars By consent, claims will be forwarded to City Clerk and City Manager for review and appropriate action 12b. Communications from Mayor Mayor Hanks said he had asked the Sailor to publicize the opening on Council and that letters be sent to the City Manager's office. Also he said the League of Minnesota Cities was to be held June 6-9 and anyone interested in going should call the City Manager's office. He asked for a short meeting upon adjournment to address the letter from the City Manager. 12c. Communications from City Manager The City Manager noted the letters to staff. He confirmed a study session on April 24 at 7:00 p.m. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims By consent, motion to approve the verified claims prepared by the Director of Finance dated April 17, 1989 in the amount of $408,949.90 for vendor claims and $10,050.00 for payroll claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting was adjourned at 9: 10 p.m. • ► r W Mays-� I}jf Aii/L(rg . Vecording Secretary • -73-