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HomeMy WebLinkAbout1989/04/03 - ADMIN - Minutes - City Council - Regular III MINUTES City Council meeting ST. LOUIS PARK, MINNESOTA April 3, 1989 1 . Call to order The meeting was called to order at 7:35 p.m. by Mayor Lyle Hanks. 2. Presentations The Mayor read and presented the following two proclamations: Arbor Day and Buddy Poppy. 3. Roll call The following Council members were present at roll call : Bruce Battaglia David Strand Allen Friedman Lyle Hanks Larry Mitchell Also present were the City Manager, City Attorney, Director of Public Works, Community Development Director and Director of Parks and Recreation. III 4. Approval of minutes It was moved by Councilmember Battaglia seconded by Councilmember Mitchell , to approve the minutes of the March 20, 1989 meeting with the following addition: item 8f. That a report on the trees be given to Council before any work is started on the watermain looping project. The motion passed 4-0-1 (Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to approve the consent agenda for April 3, 1989. The motion passed 5-0. It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to approve the agenda for April 3, 1989 with the following additions: 11g. Consideration of a ban on plastics, and llh. Community Development Block Grant appropriation. The motion passed 5-0. PUBLIC HEARINGS 6a. Reiss liquor licenses Application of Richard and Carl Reiss (dba Waiting Station Restaurant) for transfer of on-sale/Sunday sale intoxicating liquor licenses at 6900 Lake St. -53- City Council meeting minutes April 3, 1989 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 Battaglia, seconded by Councilmember Strand, to grant the license transfer. The motion passed 5-0. 6b. Twinco Automotive Request to vacate the 20 ft. wide utility easement along,, the west property line: 7430 W. 8Ln St. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to continue the public hearing to April 17, 1989. The motion passed 5-0. 6c. Louisiana Ave. Partners Special permit to construct an office/retail center: 3501-3551 Louisiana Ave. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to continue the public hearing to May 1 , 1989. The motion passed 5-0. 6d. Twinco Warehouse variance Variance for side yard and rear yard setbacks: 7430 W. 27th St. The Director of Community Development displayed an overhead showing the building and proposed addition. Charles Coombs, representative of the applicant, addressed Council and displayed renderings of the proposed addition. In answer to a question from Mayor Hanks, the Director of Community Development said the requested setback was being taken from the lot line and runs 20 ft. , not the entire length of the building. Councilmember Strand asked Mr. Smith if his property is for sale. Mr. Smith said it was. Mr. Ribnick, Twinco Automotive, addressed Council , stating his company desired to remain in St. Louis Park. Due to their recent growth and the growth of the customers they serve, they need increased space. Since Twinco already owns 6-7 buildings in the area, they were not intending to do anything that would harm the property values in that area. -54- City Council meeting minutes April 3, 1989 IIICouncilmember Battaglia asked for elaboration on what Twinco' s alternatives were should the variance be denied. Mr. Ribnick said they could purchase or lease a facility close to their building; they could pass up business and reflect on where they stand. 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 Mitchell , seconded by Councilmember Friedman, to waive first reading, set second reading for April 17, 1989 and authorize summary publication. Councilmember Battaglia said he could not support this motion. He said setbacks were there for a reason -- for safety, access and so forth. He felt future development on the Smith property would be affected by what Council approved for this property. Mayor Hanks said he had a problem with the zero setback on the side yard. He felt there potentially might be a future problem with access. IIICouncilmember Friedman did not understand what was the problem with zero setback. Mayor Hanks said that over the past two years in discussions about the Smith property, one of Council ' s main concerns related to the traffic to be generated and that it not end up in the residential section off of Texas. It was unknown at this point what sort of road would have to be constructed to service these properties and a zero setback on the Twinco property might seriously affect such a roadway. Councilmember Mitchell felt that the area was being upgraded and didn' t see a zero setback as creating a problem Councilmember Mitchell withdrew his motion and moved to continue the public hearing to April 17. This was agreeable to Councilmember Friedman. The motion passed 5-0. 5e. Nursing home: 3520 Decatur Special permit \ request for nursing home: 3620 Decatur Ave. Marshall Silverstein, Executive Director of Sholom Home, addressed Council and gave a brief overview of the nusing facility. David Frank, architect for the project, displayed renderings of what was planned. IIICouncilmember Battaglia asked if the conditions in staff ' s report were agreeable to him. He said they were. They have been in contact with MnDOT to see about 'N moving the fence along Hwy. 169 thus providing additional space for landscaping. Councilmember Strand asked about trips per day traffic generation. -55- City Council meeting minutes April 3, 1989 Mr. Silverstein responded that because the facility is a nursing home, traffic volumes were expected to be quite low and certainly not a problem. Councilmember Strand was somewhat concerned that there was only one way in and out of the facility, but did note the easy access to Hwy. 169. There being no one further 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 Friedman, seconded by Councilmember Strand, to waive reading and adopt Resolution 89-36 entitled "A resolution granting special permit under Section 14-124. 101 (2) of the St. Louis Park ordinance code relating to zoning to permit the construction of a nursing home for property zoned Planned Unit Development district located at 3620 Decatur Ave. " The motion passed 5-0. 6k Vacation: 3620 Decatur Request to vacate the west 5 ft. portion of a utility easement in Lot 3, Block 1 of the Federation Addition 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 Friedman, seconded by Councilmember Strand, to waive first reading of the ordinance, set second reading for April 17, 1989 and authorize summary publication. The motion passed 5-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Sand/salt storage facility Second reading of an ordinance transferring funds for sand/salt storage facility It was moved by Councilmember Battaglia, seconded by Councilmember Strand, to waive second reading and adopt ordinance. The motion failed 4-1 (Councilmember Friedman opposed) . It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to defer this item to April 17, 1989. The motion passed 5-0. 8b. Ordinance: Boards/commissions First reading of ordinance -56- City Council meeting minutes April 3, 1989 111 It was moved by Councilmember Mitchell , seconded by Councilmember Strand, to waive first reading, set second reading for April 17, 1989 and authorize summary publication. Councilmember Friedman thought each ordinance would state each board and commission was to submit a yearly report to the Council . The City Manager said that had been conveyed to each board and commission by letter. If certainly could be included in each ordinance. Councilmember Strand recalled what the Council was looking for was a time on an annual basis when the Council would have an opportunity to discuss matters of point concern regarding each commission' s business. It was not so much a report of their proceedings, but a report of the business of the commission, whether the chair had any concerns as to how it was progressing and whether the Council had any concerns. Councilmember Friedman felt in the Building Codes Advisory Commission ordinance it was toorestrictive that the Fire Chief attend every meeting and wondered if the language could not be changed to say "the Fire Chief or his representative in the Chief ' s absence. " Councilmember Friedman viewed boards and commissions as being a broad representation of residents who want to serve on various boards and commissions. III He wondered if it wouldn't be a good idea to maximize the number of terms individuals can serve. This would force Council to make a concerted effort to find qualified people to serve and thus get a broad perspective of what the community wants. Councilmember Strand felt a legitimate way to address this without putting it in the ordinance would be to express the intent of Council to seek that kind of broad participation and that there is no expectation on the part of commission members that reappointments are automatic, but that the Council will be considering the length of time served - perhaps a sufficient amount of time - and will then be looking for new representation. He said it seemed automatic reappointment is perceived by commission members. Mayor Hanks said he could not agree to maximizing terms in the ordinance. Councilmember Mitchell recalled that the annual report from boards and commissions was left hanging, that Council had not had a consensus on that. The City Manager recalled that his position was that as a general rule limiting service to two terms is wise, but to put it in an ordinance is probably not a good idea as inevitably there will be an exception made and some Council some time is going to regret it in the ordinance. Councilmember Mitchell felt it should be made clear that Council did not intend to tell any commission member that they had served two terms; rather, this would be starting upon adoption of the ordinance. He thought perhaps the emphasis should be put on Council setting goals for boards and commissions and addressing it in an annual planning session. He also liked the idea of an annual report and noted the report in tonight' s agenda from the Cable Commission. -57- City Council meeting minutes April 3, 1989 The motion passed 5-0. 8c. Sale of City-owned property Second reading of an ordinance Ordinance 1780-89 re sale of City-owned property at I-394/Vernon Ave. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , to waive reading and adopt Ordinance No. 1780-89 entitled "An ordinance authoriz- ing sale by the City of property at the southeast corner of T. H. 12 and Vernon Ave." The motion passed 5-0. 8d. Nortel Cable First reading of an ordinance re Nortel Cable's customer service program Councilmember Mitchell said if the intent is that the City must approve and incorporate in the franchise ordinance the process for handling complaints, he was opposed. On the other hand, he had a problem with a process that says and guarantees the City will not become involved and simply refer them to Nortel . If the City is, in effect, saying it has no control over the complaint process, it should be stated more clearly in the ordinance. He felt it almost was saying, "See Nortel , or forget it." The City Manager felt ultimately complaints were between Nortel and the customer because in essence this is not an essential service over which the City has control of the resolution of complaints. He felt the bottom line was if a citizen has a complaint with the cable company, ultimately they have to resolve it with the cable company. Councilmember Mitchell said he would be more comfortable if the ordinance would clearly define what it is the City is doing: Did the City negotiate this procedure?; did Nortel tell the City this is the procedure they want to use? Since the City is putting it in its franchise ordinance, it is the City's responsibility. Someone could ask why the City agreed to do it that way. He didn't feel that resolution of complaints was clearly defined. The City Manager said to a certain extent this was negotiated as two City staff members met with Nortel representatives and came up with this language. City staff felt it was a reflection of the way the system was to work. Councilmember Mitchell said he would like it prefaced in the ordinance that the City, in reality, does not have control over complaint procedures. Councilmember Battaglia asked if the City could deny a franchise in the future based on failure to perform adequate service. If the City does not hear complaints, how is it to know if a cable company is giving the service it is supposed to be. The City Manager said the fact that a resident has to go to Nortel to resolve a complaint does not mean the City would not know of the complaint. The City - will still get calls. -58- City Council meeting minutes April 3, 1989 111 Councilmember Strand said the cable commission does receive monthly reports from the cable company listing the complaints they have received. Also, he said Council is adopting an ordinance, which is City law, to direct the cable company as to how they are going to resolve complaints. He did not think it was an abdication of the City' s authority to tell them they must resolve them and this is the way it is to be accomplished. He felt the ordinance was telling the cable company of the process they must make available to customers who have a problem with customer service. Councilmember Friedman felt if the Council was being asked to pass an ordinance, it should be on some basis to assist the residents of this community which is why a franchise is being granted. He did not think language re the customer service representatives was clear enough. He was generally concerned about the whole procedure. Mayor Hanks asked if this ordinance was going to affect how the City handles cable matters or is this going to say to Nortel the City wants more teeth in who is going to be looking at complaints than just the community service reps saying "No. " The City Manager felt the ordinance would not change how City staff handles calls coming in. Ultimately, those calls have always been referred to the cable company after determining what the nature of the complaint was. This will go into the franchise ordinance and is one of the many obligations- that III Nortel has in terms of its performance. Councilmember Strand agreed with Councilmember Mitchell that language was needed in this section that indicates that the position of the City is that it will attempt to respond as it always has but that this is an obligation of the cable company. It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to waive first reading, set second reading for April 17, 1989 and authorize summary publication and that in the interim before second reading request that staff put in language that reflects the concerns of Council this evening relative to the duty of the City to respond to consumer complaints. Councilmember Strand amended his motion to include in the report back to Council if there is a reporting requirement on complaints under the rest of the ordinance and secondly whether there is any requirement for staffing levels of consumer representatives. The motion passed 5-0. 8e. Minnesota Data Practices Act. Designation of responsible Resolution 89-37 authority It was moved by Councilmember Strand, seconded by Councilmember Battaglia, III to waive reading and adopt Resolution 89-37 entitled "A resolution appointing a responsible authority and assigning duties in compliance with Minnesota Government Data Practices Act. " The motion passed 5-0. -59- City Council meeting minutes April 3, 1989 REPORTS FROM OFFICERS, BOARDS, COMMITTEES111 9a. Cable TV Commission annual report The annual report of the Citizens Cable TV Commission was ordered filed by consent. 9b. Win Stephens Buick Request for amendment to Comprehensive Plan It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to refer the matter to the Planning Commission. The motion passed 5-0. 9c. Summer swim rates Councilmember Friedman noted that an increase io daily rates and seasonal passes was warranted as requested in staff ' s report. It was his understanding these fees would adequately cover costs. From the report, it seemed to him the City was proposing to raise its rates only because other municipalities are. He was concerned that an increase may deprive some residents from one of the better programs offered by the Parks and Recreation department. He could not find in the report that the Rec III Center was losing money and he could not support. Mayor Hanks thought money was made on the ice rink but that the pool was a loser. It was moved by Councilmember Strand to retain the present pool rates through 1989 and was seconded by Councilmember Friedman. Councilmember Strand said that in making this motion, he wanted to continue the subsidy and that no one should be denied access to the pool . With respect to the City Manager' s comments that some people were misrepresenting the size of their families, he thought a letter could be sent to abusers informing them identification would be checked at the pool . Councilmember Friedman said he would like to see the figures to ascertain whether the pool is indeed losing money. In order to keep it subsidized, he felt -perhaps funds could be located elsewhere. Councilmember Strand withdrew his motion and moved to defer the item to April 17, 1989 and request that staff prepare a report on the pool finances. Councilmember Friedman seconded. The motion passed 5-0. Councilmember Mitchell said he would like the report to contain patternII of usage and number of people using the pool . 9d. Musicland Special permit minor amendment Resolution 89-38 It was moved by Councilmember Strand, seconded by Councilmember Mitchell , -hn- City Council meeting minutes April 3, 1989 IIIto waive reading and adopt Resolution 89-38 entitled "A resolution rescinding Resolution 89-21 adopted on February 21 , 1989, rescinding Resolution 87-162 adopted on October 5, 1987 and granting special permit under Section 14-123. 100 of the St. Louis Park ordinance code relating to zoning to allow modification to the parking lot design for property located in the I-1 , industrial district, at 7500 Excelsior Blvd." The motion passed 5-0. 9e. Election vote tabulation Councilmember Strand wondered if switching from optic scan voter tabulation to paper ballots for this election would be confusing to people since the City was trying to train them to use the optic scan. The City Manager said the City Clerk informed him each voter would connect an arrow to indicate choice and therefore would not have to be re-educated for the 1990 State elections and the procedures used therein. Councilmember Friedman wondered if, under State law, an arrow could be used or was an "X" to be so indicated. He asked for clarification. It was moved by Councilmember Strand, seconded by Councilmember Mitchell , that the 1989 City elections be administered by paper ballot subject to IIIconfirmation that connecting the arrow is valid method of casting a vote. If it is not valid, the item is to be returned to Council . The motion passed 5-0. 9f. Cable TV Advisory Commission minutes March 23, 1989 9g. Housing Authority minutes February 14, 1989 9h. Human Rights Commission minutes March 15, 1989 9i . Park and Recreation minutes March 15, 1989 All minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS lla. Bid tabulation i ‘p�0'‘ Paving, curb and gutter on Texas Ave. IIICouncilmember Battaglia noted in bid tabulations lla and llb, one was over the engineer ' s estimate and one was under. He asked if combined were both projects within budget. The Director of Public Works said that was true. It was moved by Councilmember Battaglia, seconded by Councilmember Strand, -61- City Council meeting minutes April 3, 1989 to accept the proposal of Bury and Carlson for construction of Texas Ave. 111 and authorize execution of a contract not to exceed $133,509. The motion passed 5-0. llb. Bid tabulation (IN Traffic signals at W. 36th St./Texas 4 Ave. and W. 36th St./Belt Line Blvd. It was moved by Councilmember Strand, seconded by Councilmember Battaglia, to accept the proposal of Killmer Electric for traffic signal construiction and authorize excecution of a contract not to exceed $129,609.75. The motion passed 5-0. llc. Bid tabulation Dehumidification system at Rec Center It was moved by Councilmember Strand, seconded by Councilmember Friedman to reject all bids. The motion passed 5-0. lld. Diseased elm tree Contract proposal It was moved by Councilmember Battaglia, seconded by Councilmember Strand, to approve the contract extension with Ceres Tree Service. Councilmember Friedman asked if there was an increase from 1987 to 1988. The Director of Parks and Recreation said the contract was extended at the same rates. If the contract is extended through 1989, it would be at the 1987 rate. Councilmember Friedman asked when the contract was last bid. The Director said it was his understanding it was in 1987. The motion passed 5-0. llf. Board of Equalization It was moved by Councilmember Strand, seconded by Councilmember Mitchell , that the Board of Equalization convene on April 17, 1989 at 7:25 p.m. The motion passed 5-0. llg. Ban on recyclables Councilmember Friedman said he would like staff to investigate and prepare a report relative to the banning of non-recyclable plastic items such as the ban Minneapolis has instituted. Councilmember Strand seconded. Councilmember Battaglia said he had some concerns from a legal standpoint. He felt there would be legal challenges in Minneapolis and he was not willing to expose the City to legal challenges that would come were it to follow suit. He agreed with having a report prepared but felt the City might want -62- to wait to see what legal .problems Minneapolis runs into. However, he was supportive. Councilmember Mitchell said a ban on recyclables was the direction he wanted the City to move toward. Councilmember Friedman noted that two projects discussed by Council have severe pollution problems. He felt that should be evidence enough that the community needs to take a much harder look and a much harder stand on such a ban. The motion passed 5-0. llh. CDBG appropriation Councilmember Strand said that at the April 17 meeting, recommendations would be brought to Council for expenditure of Community Development Block Grant funds. He said last year the funds for housing rehabilitation were not fully utilized. He intended at that meeting to introduce as part of the resolution an allocation of those funds to assist with the rehabilitation of the property purchased by Wayside House. He said extensive rehabilitation of that property was needed to bring it up to code. He would be proposing in the neighborhood of $30,000. MISCELLANEOUS 12a. Damage claims Sarah Sundberg Robert Zimdars By consent, claims forwarded to City Clerk and City Manager for review and appropriate action. 12b. Communications from Mayor Mayor Hanks noted upcoming events which may be of interest to Council . He noted that as a followup to the National League of Cities Washington conference a letter has been written to Rep. Frenzel asking for his assistance in seeking funding for Well 4. Also, he had an opportunity to talk to Attorney General Humphrey about obtaining State funds for this project and a meeting will be scheduled in the near future. 12c. Communications from City Manager The Manager referenced letters received from City staff. He briefly discussed the schedule for the Council retreat scheduled for April 6-7. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance, dated April 3, 1989 in the amount of $527,720.43 for vendor claims and $16,496.34 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 adjourned at 9:25 p.m. OF %,6J /6474,-/ 1/24,a0WMay•y'' Recording Secretary - 1-