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HomeMy WebLinkAbout1989/05/01 - ADMIN - Minutes - City Council - Regular 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 1, 1989 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations Mayor Hanks presented a plaque Resolution 89-51 to David Strand, who resigned from the Council on April 30, 1989. He also presented Resolution 89-51 entitled "A resolution of appreciation to St. Louis Park Councilmember at Large, David Strand." Wally Wysopal presented a certificate to Mayor Hanks commending the City on its recycling program. 3. Roll call The following Councilmembers were present at roll call : III Bruce Battaglia Allen Friedman Thomas Duffy Lyle Hanks Also present were the City Manager, City Attorney, Director of Community Development and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Duffy, seconded by Councilmember Friedman to approve the minutes of the April 17, 1989 City Council meeting. The motion passed 4-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the minutes of the April 24, 1989 study session with the following correction: Item 3, paragraph 5 should read: Councilmember Friedman did not understand how the City could use City forces to do this work unless staff could divert other projects in the budget. The motion passed 4-0. 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember 4 Duffy to approve the consent agenda for May 1 , 1989. The motion passed 4-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the agenda for May 1 , 1989. The motion passed 4-0. -74- City Council meeting minutes May 1 , 1989 PUBLIC HEARINGS 111 6a. Louisiana Ave. Partners Special- permit to construct an office/retail center: 3501-3551 Louisiana Ave. There being no one present wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. The City Manager thought Council might want to consider deferring the item indefinitely until the pollution question is resolved: It was moved by Councilmember Battaglia, seconded by Councilmember Duffy to table the item. The motion passed 4-0. /5) Variances Amendment to Ordinance Code re variances There being no one present 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 Battaglia to waive first reading, set second reading for May 15, 1989 and authorize summary publication. Councilmember Battaglia referenced Section 14.210. 11 asked if the 350, ft. notice of hearing requirement was being deleted. The City Attorney said the 350 ft. notice requirement is only required by State law in one instance, i .e. relative to variances. It is not required for special permits or site plan approval . The purpose of the ordinance is to restructure the two sections so that special permits and site plans are covered under Section 210 and variances addressed later. Councilmember Battaglia said he would prefer that the 350 ft. notice for special permits and site plans remain in the ordinance. Councilmember Battaglia asked if there was notification to applicants that there is an appeal process. Mayor Hanks felt it should be made incumbent on the chair of the Board of Zoning Appeals to let applicants know there is an appeal process. He did feel it should appear in the ordinance. Councilmember Battaglia asked if presently a two-thirds majority of Council was required to override BOZA. The City Attorney believed it was a 4-3 - vote presently. Councilmember Duffy referenced appeals to City Council , Section 14-222. He did not believe Council intended a fee to appeal a BOZA decision was required. -75- • City Council meeting minutes May 1 , 1989 The City Attorney noted that at the bottom of the page language stated: : Ill The applicant shall have paid to the City Treasurer the sum of $50 provided said appeal fee shall be waived if the applicant is the person who applied for the variance. He said what this provides for is in the event a neighbor or interested party wanted to appeal the BOZA decision, they would have to pay the appeal fee. The applicant appealing a decision would , not have to pay a fee. Councilmember Battaglia asked how the Planning Commission and BOZA interact. The City Attorney said that under the revised ordinance the only issue that will now go to the Board of Zoning Appeals will be variances. The procedure would be for the Planning Commission to review variances and report to BOZA. On all other issues, i .e. special permits and site plan approvals, the Planning Commission will continue to handle them as it always has. The rationale for the Planning Commission seeing variances is that the Planning Commission is charged with the ongoing review of the Comprehensive Plan and official controls related to the City' s comprehen- sive planning. In the event of a proposed variance, that commission' s input should be sought. The Director of Community Development said that in addition there is a State statute requiringaPlanning Commission (or its designated representa- tive) to review and recommend on variances. The motion, with the recommended changes to be incorporated prior to second reading, passed 4-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Twinco Automotive Second reading of ordinance for vacation of a 20-ft. wide utility easement along the west property line: 7430 W. 28th It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to defer this matter to May 15, 1989 (five votes required for passage) . The motion passed 4-0. • 8b. Firefighters contract Second reading of an ordinance transferring funds for 3 firefighters contract It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to defer the matter to May 15, 1989 (five votes required for passage) . The motion passed 4-0. 8c. Police union contract Resolution approving contract Resolution 89-52 -76- City Council meeting minutes May 1 , 1989 and 1989-90 salary tables for Police union It was moved by Councilmember Friedman, seconde by' Councilmember Duffy,`' " to waive reading and adopt Resolution 89-52 entitled "Resolution approving ' the Police labor agreement; establishing salaries. and insurance contributions for the years ending December 31 , 1989 and December"31'; 1990." The motion passed 4-0. 8d. Ordinance: Police contract First reading of an ordinance transferring funds for police contract It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to waive first reading, set second for May 15, 1989 and authorize summary publication The motion passed 4-0. 8e. Seasonal employees Resolution revising the position Resolution 89-53 classification plan for seasonal employees It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to waive reading and adopt Resolution 89-53 entitled "A resolution revising the position classification plan and amending Resolution 88-196 as it relates to teasonal emp3oyees effective May 1 , 1989." The motion passed 4-0. 8f. 3601 Wooddale Ave. Second reading of ordinance Ordinance 1785-89 declaring no public need for property at 3601 Wooddale Ave. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Ordinance 1785-89 entitled "An ordinance declaring no further public need and releasing a portion of land originally condemned for public road purposes: 3601 Wooddale Ave." The motion passed 4-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. MEPC EIS Approval of draft Environmental Impact Statement for Minneapolis West Business Park It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to authorize distribution of draft EIS. The motion passed 4-0. -77- City Council meeting minutes - May 1 , 1989 9b. Study of advertising benches By consent, this item referred to the Planning Commission • 9c. Tree report By consent, this report received for filing. 9d. Preliminary engineering report Alley paving between Brownlow . & Gorham Avenues south of 1st St. N.W. It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the preliminary engineering report, direct staff to conduct a neighborhood meeting and set a public hearing for June 5, 1989. The motion passed 4-0. 9e. Classic Motor Company Special permit It was moved by Councilmember Duffy, seconded by Councilmemb-r �/attaglia, that the matter be referred to the Planning Commission. `�t / Councilmember Battaglia asked if Mr. Gold had stated why he had not complied. The City Manager said Mr. Gold indicated he turned the work over to a contractor and certain aspects of the special permit were not followed. His appearance before the Planning Commission would be to request modifications to the special permit. Councilmember Battaglia asked how someone was forced to live up to the conditions of a special permit. The City Attorney said there were probably a couple of options depending upon the severity of the noncompliance. One is revocation which would lead to the closing of a facility. Second would be a misdemeanor or other monetary penalties. Councilmember Battaglia withdrew his second and requested that Mr. Gold appear before Council to give an explanation as to why he has not complied. Councilmember Friedman seconded the motion. He asked for an explanation of the recommendation in staff's report that he appear before the Planning Commission. The Director of Inspectional Services said there was no special reason for the recommendation, that was the wish of the Council . -Enforcement was not recommended at this point as the ordinance does provide for a hearing before- the Council and thereafter it is Council 's prerogative as to - how the matter should be dealt with. 11/ Councilmember Battaglia felt- it appropriate for Mr. Gold to address Council because if it were simply referred to the Planning Commission, it might appear that the Council is in support of resolving the problem through changes to the special permit rather than enforcing compliance with the existing permit. Councilmembers Duffy and Friedman withdrew their motion and second '' respectively. r -78- City Council meeting minutes May 1 , 1989 ft was moved by Councilmember Battaglia, seconded by Councilmember111 Friedman, that Mr. Gold be asked to appear before Council at its May 15, 1989 meeting to present his recommended changes to his special permit and the reasons therefor. The motion passed 4-0. 9f. Traffic study 402 3112 Hampshire Ave. By consent, motion to waive reading and adopt Resolution 89-54 entitled "Resolution authorizing parking restrictions at 3112 Hampshire Ave." V 9g. Minnesota Housing Finance Agency iorr Revolving loan program It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to authorize the Mayor and City Manager to execute the agreement. _ The motion passed 4-0. 9h. 1988 annual financial report By consent, report ordered filed. 10a. Boards and commissions Marilyn Hoeft's resignation from the Planning Commission III was accepted. Staff was asked to send an appropriate letter to her on behalf of the Council . , 10b. Susan Lindgren playground It was moved by Councilmember Duffy, seconded by Councilmember Friedman, to approve the recommendations in staff's report and so inform the playground equipment committee. The motion passed 4-0. NEW BUSINESS lla. Pulltabs Renewal of Cystic Fibrosis state license to sell pulltabs By consent, license approved for renewal . lib. Bid tabulation 1989 street work supplies si and snow and ice control ‘or materials By consent, motion to designate SA-AG and Edward Kraemer & Son as the lowest responsible bidders and authorize execution of contracts with these firms at $15,750 and $5,570, respectively. -79- = r: City Council meeting minutes May 1 , 1989 III llc. Bid tabulation #05 1989 bituminous patch materials By consent, motion to designate Bury and Carlson as the lowest responsible bidder and authorize execution of a contract not to exceed $81 ,550. MISCELLANEOUS 12a. Damage claims None. 12b. Communications from the Mayor Mayor Hanks noted that the School Board candidates forum was to be held May 4 at 7:30 p.m. in the Rec Center community room. He said that interviews for the seat of Councilmember at Large would be conducted May 2 and 3, 7-9:00 p.m. 12c. Communications from City Manager The City Manager referenced letters received by City staff. III CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified " claims prepared by the Director of Finance, dated May 1 , 1989 in the amount of $575,390.06 for vendor claims and $10,871 .89 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Contract payments By consent, the following final payments were approved: 1 . Resolution 89-55 approving payment to Lantto for City Hall remodeling. (Id a' Amount: $3830.98. 2. Resolution 89-56 approving final payment to J. P. Norex for storm sewer reconstruction. Amount: $3067.55. 3. Resolution 89-57 approving final payment to J. P. Norex for sanitary sewer extension and pond expansion. Amount: $30,454.57. katatement from City Attorney ' e The City Attorney read a statement as to why the City Council would not be discussing a personnel matter relative to the Police Department.111 14. Adjournment - The meeting adjourned at 8: 15 p.m. Al I ,zitmth r' /• A' ‘ /14t-01`-' L, e Hanks, Mayor Recording Secreta y -8U-