Loading...
HomeMy WebLinkAbout1989/06/05 - ADMIN - Minutes - City Council - Regular IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 5, 1989 1 . Call to Order The meeting was called to order at 7:35 p.m. by Mayor Lyle Hanks. 2. Presentations Mayor Hanks read and presented Resolution 89-71 Resolution 89-71 , to Jack Riordan, retiring firefighter, in honor of his many years of service to the City. 3. Roll call The following Council members were present at roll call : Allen Friedman Jane Tschida Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development and Director of Parks and Recreation. III 4. Approval of minutes It was moved by Councilmember Meland, seconded by Councilmember Friedman, to approve the minutes of the May 15, 1989 City Council meeting. The motion passed 4-0. It was moved by Council member Meland, seconded by Councilmember Tschida, to approve the minutes of the May 22, 1989 special meeting. The motion passed 4-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the consent agenda for June 5, 1989 with the removal to the agenda of item 9e. The motion passed 4-0. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the agenda for June 5, 1989. The motion passed 4-0. PUBLIC HEARINGS 6a. Shelly' s Woodroast-Two Liquor license pAppllic t on 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. IIIIt was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve the liquor license application. The motion passed 4-0. -91- City Council meetings June 5, 1989 6b. Methodist Hospital Request for amendment to an existing ResoTufion 89-72 special permit to permit construction of two additions at Methodist Hospital Tom Brady, Methodist Hospital , was present to answer questions. 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 Friedman, to waive reading and adopt Resolution 89-72 entitled "A resolution rescinding Resolution 87-45 adopted on April 20, 1987, rescinding Resolution No. 86-173 adopted October 20, 1986, rescinding Resolution No. 86-63 adopted May 19, 1986, rescinding Resolution No. 7445 adopted on August 15, 1983 rescinding Resolution No. 7254 adopted October "--4, '1982 and granting special permit under Section 14-123. 100(2) and 14-141 (3) of the St. Louis Park ordinance code relating to zoning to allow the construction of two additions to the existing building having a total square footage of 2,770 sq. ft. at 6500 Excelsior Blvd." \J Councilmember Friedman noted that spaces for handicap parking in front of Meadowbrook Medical Building are not adjacent to the entrance and that he had- attempted to no avail to get the handicap spaces next to the entry. He said he would not vote in favor of this special permit amendment until what was promised two years ago occurs, i .e. providing handicap parking adjacent to the entry door of the office building. Mr. Brady said that in Methodist ' s plan for taking over leasing of the building, handicap parking next to the entry was definitely in the plans. The City Attorney proposed a new condition 31 to the resolution: Handicapped access parking spaces shall be located in immediate proximity to the north entrance to the Meadowbrook Office Building in conformance with State law no later than November 1 , 1989. The motion passed 4-0. 6c. Variance: 9435 W. 14th St. Request for variance in front Resolution 89-73 yard setback: 9435 W. 14th St. There being no one 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 Friedman, seconded by Councilmember Meland, to waive reading and adopt Resolution 89-73 entitled "A resolution granting variance in front yard setback from Section 14-125(5) of the ordinance code relating to zoning to permit a front yard setback of 11 ft. instead of the required 35 ft. for property with two front yards in the R-1 , single family residence district, at 9435 W. 14th St. The motion passed 4-0. -92- City Council meeting minutes June 5, 1989 111 6d. Variance: 2901 Xenwood Ave. Request for variance in side Resolution 89-74 yard setback 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 Meland, to waive reading and adopt Resolution 89-74 entitled "A resolution granting variance in side yard setback from Section 14-133(3) of the ordinance code relating to zoning to permit a setback of 5 ft. instead of the required 15 ft. on a side yard abutting a street in the R-1 , single family residence district, at 2901 Xenwood Ave. So." The motion passed 4-0. 6e. Amendment to zoning ordinance Request for amendment to zoning ordinance to permit open storage in a B-3 district 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 Tschida, to authorize preparation of a resolution of denial . IIICouncilmember Friedman asked that in the future could an aerial accompany staff 's ' report. The motion passed 4-0. 6f. Alley paving Improvement hearing, Project Resolution 89-75 89-25: Alley paving between Brownlow and Gorham Avenues, south of 1st St. N.W. Two attendees voiced their support of the alley paving. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-75 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for Improvement No. 89-25, alley paving." The motion passed 4-0. PETITIONS, REQUESTS, COMMUNICATIONS None. III RESOLUTIONS AND ORDINANCES 8a. Street renaming From Decatur Ave. to Phillips Parkway It was moved by Councilmember Friedman, seconded by Councilmember Meland, to -0,3- City Council meeting minutes June 8, 1989 waive first reading, set second for June 19, 1989 and authorize summary publication. The motion passed 4-0. 8b. Pets in Parks Proposed ordinance amendment David Karwacki , Rick Cohen and Patricia McElderry spoke in opposition to the proposed ordinance. It was moved by Councilmember Friedman to waive first reading and set second for June 19, 1989. The motion died for lack of a second. Councilmember Tschida offered an amendment which would, instead of prohibiting dogs from certain areas, positively state that dogs would be permitted in certain designated areas. The amendment read: It shall be unlawful for any person to cause or permit a dog, cat or other domestic animal to be any public park except a person may walk a domestic animal on trails through or around designated parks where the area is clearly marked by signs bearing the words permitted on these trails (or words to that effect) . The City Council may designate certain public park areas for dogs, cats or other domestic animals where the area is clearly marked by signs bearing the words leashed domestic animals permitted in this area (or words to that effect) . Councilmember Friedman seconded. the amendment for purposes of discussion. In addressing the proposed amendment, Councilmember Friedman said he would oppose it as it was too confusing. He felt restriction was more clear cut. The motion failed 1-3 (Councilmembers Friedman, Meland and Mayor Hanks opposed) . 8c. Ordinance restricting parking Second reading of an ordinance re Ordinance 1791-89 parking restrictions during street maintenance It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive second reading and adopt Ordinance 1791-89 entitled "An ordinance establish- ing parking restrictions during public works maintenance: Amending the St. Louis Park municipal code by the addition of Section 10-315. 101 , "Public Works maintenance parking restrictions." The motion passed 4-0. 8d. Refuse rates Second reading of ordinance Ordinance No. 1792-89 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive reading and adopt Ordinance No. 1792-89 entitled "An ordinance amending the St. Louis Park Ordinance Code, Section 9-307: Garbage/Refuse Service Rates". The motion passed 4-0. -94- City Council meeting minutes June 5, 1989 8e. Peace Presbyterian Church111 Special permit minor amendment: Resolution 89-76 7624 Cedar Lake Rd. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to waive reading and adopt Resolution 89-76 entitled "A resolution rescinding Resolution No. 87-196 adopted on November 16, 1987 and granting special permit under Section 14-185.04(6) of the St. Louis Park Ordinance Code relating to zoning to allow a 43 sq. ft. wall mounted sign at 7624 Cedar Lake Rd. " The motion passed 4-0. 8f. Minor amendment: 8020 Hwy. 7 Special permit minor amendment: Resolution 89-77 TCF, 8020 Hwy. 7 It was moved by Councilmember Friedman, seconded by Councilmember Meland, to waive reading and adopt Resolution 89-77 entitled "A resolution rescinding Resolution No. 88-192 adopted on Dec. 19, 1988 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow expansion of driveup teller facility for property zoned PUD, planned unit development district, at 8020 Hwy. 7" The motion passed 4-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES III9a. Wayside House %I012. CDBG funding for Wayside House Councilmember Friedman was notclear why public funds were being used for Wayside House. It appeared to him that federal guidelines requiring bidding on such projects were being sidestepped. The Assistant to the City Manager said that some jobs on the renovation will be bid, but that Wayside House has commitments from a number of volunteers who are willing to donate their time, some of their employees and construction materials for the project. Councilmember Meland' s question was if Wayside House only used $35,000 of its $50,000 CDBG allocation, would the City be able to reallocate the remaining $15,000 to another CDBG account, Day Care for example. Councilmember Meland felt the City should have in hand an agreement with Wayside House if the CDBG funds are going to be allocated to ensure that the renovation is done. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to defer the item to June 19, 1989 The motion failed 3-1 (Councilmember Tschida opposed) . It was moved by Councilmember Meland, seconded by Councilmember Tschida, to III approve the use of CDBG funds as requested subject to receipt of a signed agreement -95- City Council meeting minutes June 5, 1989 with Wayside House guaranteeing that the required renovations will be done and including the fact that Hennepin County guidelines are in agreement, waive reading and adopt resolution. The motion passed 4-0. 9b. Staffing levels Central Building Maintenance Councilmember Friedman said he had been told maintenance could be done better and cheaper contracting it out. The report before Council did not offer any costioenefit comparisons. The City Manager said that the contractual approach to building maintenance often can result in an initial savings. However, organizational experience has shown that over a period of time, the costs increase dramatically. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to defer the item to June 19, 1989. The motion passed 4-0. 9c. CDBG discretionary funds Request for application for Community Development Block Grant discretionary funds It was moved by Councilmember Meland to direct staff to work with the Lincoln Del and submit an application for the 1989 CDBG discretionary funds. The motion died for lack of a second. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to defer the item to June 19, 1989. Councilmember Friedman asked why public funds should be spent for a private business. It was his understanding that anyone opening a business, restaurant, and so forth had to comply with the State' s handicap accessibility provisions. He assumed there were businesses in the community which were not in compliance and since any new business must comply, he asked what good reason there was for the provision of public funds for private facilities. The City Manager felt this was a significant policy question, one that Council ought to resolve. He said although the request came from staff, the impetus was from the applicant who had a similar arrangement in another community. Mayor Hanks wondered what justification the County had for handing out CDBG funds for these purposes. If other communities have access to these funds for those kinds of purposes, he didn't want to see St. Louis Park discriminated against. Bruce Hedman, manager of one of the Lincoln Dels, said the project in Blooming- ton was completed and was successful . He said they were requesting improvements at their St. Louis Park restaurant, not to beautify the restaurant, but to make it easier and safer for its clientele. Councilmember Friedman asked if this required Council approval . The staff liaison said that it did. It was moved by Councilmember Friedman that the County come before the Council -96- City Council minutes June 5, 1989 111 to explain how the grants are given out to private businesses. The motion to defer failed 1-3 (Councilmembers Friedman, Tschida, Mayor Hanks opposed) . It was moved by Councilmember Meland to table. The motion died for lack of a second. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to direct the City Manager contact the County to provide a thorough explanation as to how public monies are allocated to totally private institutions for their benefit. The motion passed 4-0. 9d. 1989 park improvements Mayor Hanks asked if anyone had ever researched the possibil- ity of filling the parks that collect water. With all the dirt from road construction available at this time, he felt some of the dirt could be brought into those parks. The Director of Parks and Recreation said they had been looking at this for a number of potential fill sites. He said they ha� already initiated the special permit process because each site would be Axcess of 400 cu. yds. of fill . The report before Council this evening was not for fill/grading; III rather, for construction and playground installations. It was moved by Councilmember Friedman, seconded by Councilmember Meland, that of the six orojects placed on hold two of them - Bass lake park and the Electronic Massage Center -- not be funded at this time and that the remaining four projects be approved with total expenditures estimated to be $66,000. The motion passed 4-0. 9e. Solid waste management Councilmember Friedman said that several months ago he had requested that the Council be supplied with a plastics ban ordinance. He was informed that there was to be a State law pre-empting any one from passing such a ban. In fact, the State law did not pass. He said the City had taken a leadership role in recycling and efforts to protect the environment. He would like to see the City move forward with an ordinance and although he encouraged the League's study, it was unknown when that study would be completed. It was moved by Councilmember Tschida, seconded by Councilmember Friedman, that the City participate in the AMM task force on plastics issue and that a draft ordinance be before Council at its June 19, 1989 meeting. III The motion passed 4-0. 9f. Flood mitigation 3201 HillsboroeAtra `cs01c Resolutions 89-78, 89-79 It was moved by Councilmember Meland, seconded by Councilmember Friedman, -97- City Council meeting minutes June 5, 1989 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to waive reading and adopt Resolution 89-78 entitled "Resolution accepting City Engineer 's report, approving plans and ordering work to be done by day labor for flood hazard mitigation Project No. 87-36A and Resolution 89-79 entitled "Resolution accepting City Engineer's report, approving plans and ordering Project No. 87-36B." The motion passed 4-0. 9g. 5600 W. Lake St. Time extension - Kayo Oil Resolution 89-86 By consent, motion to waive reading and adopt Resolution 89-80 entitled "A resolution rescinding Resolution 88-165 adopted on November 7, 1988 rescinding Resolution No. 86-137 adopted on August 28, 1986 rescinding Resolution 84-92 adopted on June 4, 1984 rescinding Resolution 7490 adopted on Oct. 17, 1983 and granting special permit under Sections 14-109(2) (f) and 14-156( 15) of the St. Louis Park Ordinance Code relating to zoning to allow construction of a canopy at 5600 W. Lake St." 9h. Planning Commission minutes May 3 9i . Board of Zoning Appeals minutes April 27 9j. Cable Commission minutes May 25 Minutes ordered filed by consent. NEW BUSINESS lla. Knights of Columbus Gambling license renewal By consent, gambling license approved. MISCELLANEOUS a. Damage claims None. b. Communications from Mayor Mayor Hanks reminded Council the League of Minnesota Cities conference begins tomorrow. c. Communications from City Manager The City Manager asked Council when the July meeting should be set with Monday, July 3 falling on the day before the 4th. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to hold the City Council meeting on Monday, July 10. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS 13a. Verified claims By consent motion to approve the listIII of verified claims prepared by the Director of Finance, dated June 5, 1989 in the amount of $663,901 .37 for vendor claims and $15, 175.89 for payroll claims and that the City Manager and -98- City Council meeting minutes June 5, 1989 City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Contract payments 1 . Partial payment: Bury and Carlson, Texas Ave. construction. Amount: $26,874.4'14Q? By consent motion to approve and authorize payment. 14. Adjournment The meeting adjourned at 9: 15 p.m. ALL.' Lyl,. W. Hanks, Mayor pap vi( Uol R cording ecretary I I -99-