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HomeMy WebLinkAbout1989/09/05 - ADMIN - Minutes - City Council - Regular 4a IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 5, 1989 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations None. 3. Roll call The following Council members were present at roll call : Bruce Battaglia Jane Tschida Thomas Duffy Lyle Hanks Larry Mitchell Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development and the City Assessor. 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to approve the minutes III of the August 21 , 1989 meeting. The motion passed 5-0. 5. Approval of agenda It was moved by Councilmember Duffy, seconded by Councilmember Tschida, to approve the consent agenda for Sept. 5, 1989. The motion passed 5-0. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to approve the agenda for Sept. 5, 1989. The motion passed 5-0. PUBLIC HEARINGS 6a. Assessment hearing Project 88-19, Alley paving, 3200 Resolution 89-127 block between Georgia and Florida 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 Battaglia, seconded by Councilmember Tschida, to waive reading and adopt Resolution 89-127 entitled "Resolution adopting assessment improvement No. 88-19: Alley paving." III The motion passed 5-0. 6b. Assessment hearing Project 88-17: Alley paving, 2400 Resolution 89-128 block between Cavell and Decatur -148- City Council meeting minutes Sept. 5, 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. The Mayor read a letter from John Clark in which he noted that the pavement was cracking and that the assessment represented a 13% increase over what was quoted at the improvement hearing. The City Manager said another constituent had complained about the quality of work in the alley and the Public Works department has checked the complaints and the contractor has been notified he will have to perform corrective action on the alley. The City Assessor said that the original estimate for the alley had been low, thus the 13% increase. In answer to a question from Councilmember Mitchell as to the City' s recourse should the contractor fail to perform corrective measures to the alley, the Director of Public Works said the performance bond was still in effect and the City would act upon it should the contractor fail to perform. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-128 entitled "Resolution adopting assessment, Improvement 88-17: Alley paving." The motion passed 5-0. III 6c. Assessment hearing Project 88-32, sanitary sewer Resolution 89-129 extension Mayor Hanks noted the letter in front of Council in which the two property owners were originally assessed $5,351 . Staff was recommending the assessment be reduced to $4,600 which was the figure the property owners were originally told the assessment would be. The difference would come out of the Sewer Utility Fund. 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 Tschida, seconded by Councilmember Mitchell , to adopt Resolution 89-129 entitled "Resolution adopting assessment, Improvement No. 88-32, sewer extension." Councilmember Battaglia wondered if Council was not being inconsistent. On the previous hearing, the assessment was 13% over the estimate. In this case, the amount was being reduced. The City Manager noted that in the item under discussion, only two parties are being assessed. The City Assessor added that the two property owners had been virtually assured that the assessment would come in at $4,600. Due to aspects of engineering, it came in higher. He also noted that the benefit to the property was undoubtedly maximized because of the sanitary sewer work. The City Manager asked the Assessor to explain what market benefit meant. -149- City Council meeting minutes Sept. 5, 1989 The Assessor stated the special assessment process is based on the benefit 111 to the individual properties that is received by the project. In this instance where a property owner is assessed $4,600, presumably the market increase in that property because of the improvement is what should determine what is assessed. The motion passed 4-1 (Councilmember Battaglia opposed) . 6d. Custom auto service facility 4800 Park Glen Rd. Resolution 89-130 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 Mitchell , seconded by Councilmember Battaglia, to adopt resolution No. 89-130 entitled "A resolution rescinding Resolution 88-178 adopted on November 21 , 1988 and granting special permit under Sections 14-171 (3) and 14-156(13) of the St. Louis Park ordinance code relating to zoning to allow custom auto service at 4800 Park Glen Rd." The motion passed 5-0. 6e. Street vacation A portion of Xenwood Ave. at Excelsior Blvd. - Request of American Legion A member of the audience requested a definition of vacation which the City Manager provided. A question was raised re the barricade. Councilmember Duffy said that was part of their special permit and it would be erected at the south end of the parking lot. The City Attorney noted that a sidewalk was not mentioned in the ordinance and asked that the ordinance be so amended to reflect that. Ted Spannaus, 4065 Xenwood, asked if the barricade was to be permanent. The Director of Community Development said it would be permanent, but he did not know the exact installation date. The Mayor asked that staff inform Council as to the date by which it must be installed. 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 Duffy, seconded by Councilmember Battaglia, to set second reading of the ordinance for September 18, 1989. The motion passed 5-0. -150- City Council meeting minutes Sept. 5, 1989 6f. Ad benches Amendment to ordinance as it relates 6g. Amendments to Public Bench ord to advertising benches III Fred Muchler, 5701 Lake St. , said he had a bench in front of his house. He noted the deteriorating condition of the bench and pad upon which it sits. He noted this was not an MTC designated bus stop. Also there was considerable littering by people using the bench which he must remove. On occasion there has been vandalism to his landscaping and trees. Len Thiel , 5643 Green Circle Dr. , Minnetonka, was appearing on behalf of U.S. Bench. He passed out a sheet entitled Issues and Comparisons of Bench Ordinances for Council ' s perusal . - It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to continue the public hearing to Oct. 2, 1989 and between now and then, City staff and the City Attorney continue to work with U.S. Bench to see if most of the issues can be resolved prior to Oct. 2. Councilmember Battaglia felt the first issue to be decided was whether or not the City wanted to be in the bench business - installing them, maintain- ing them, etc. - when there is a private company willing to do that. He did not feel the City should be in the bench business, and if there was a company willing to do it, they should be allowed to do so. He did feel there was a use for benches and if they had to be off the public right-of-way, so be it. He did not feel there had to be two classes of fees: one forIII benches with advertising; one for benches without. It was Councilmember Duffy's recollection that a bench ordinance would be developed and not encompassed within the City's sign ordinance. Mayor Hanks agreed with Councilmember Battaglia that the City had a lot of other things to attend to apart from benches, and if there was a company willing to oversee all that involved benches, they should be permitted to do so. Also, he couldn't go along with the recommendation that they wouldn't be allowed in residential areas. He felt there were many residential areas where benches were very much needed. The motion passed 5-0. 6h. Amendment to signage plan Minneapolis Federation for Jewish Services Jon Weiss, 1205 Ridgemont Ave. , Minnetonka, spoke on behalf of the request. He said there was an inconsistency between the height of the entrance sign on the architect's plans and the drawing that went to the Planning Commission. It was his recollection that the Planning Commission felt the sign at something over 9 ft. was _acceptable. Councilmember Duffy suggested just making it 10 ft. and save the trouble of prolonging the process. The City Manager said this was approved by ordinance which would come back on September 18 for second reading. In the interim, the correct wording could be provided for that second reading. -151- City Council meeting minutes September 5, 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 Duffy, seconded by Councilmember Battaglia, to set second reading for September 18, 1989 and correct the wording to read 10 ft. The motion passed 5-0. 6i . Amendment to Year XIV CDBG allocation Resolution 89-130 Councilmember Tschida moved and Councilmember Duffy seconded that the resolution be adopted. Councilmember Battaglia asked if the City would be proceeding with the street improvement west of Wooddale on the Hwy. 7 frontage road. The Director of Public Works said that was a temporary connection and it will be removed when the permanent roadway is buildable. Councilmember Battaglia was concerned about the piecemeal approach to this area. He thought there were other places for the $30,000 to be put to use. He wondered why doing anything at this location couldn't wait particularly now that the City is going out for proposals. The Director said that fund availability was probably a primary question in that MnDOT is a willing participant in the project and funding runs out on July 1 , 1990. If an overall plan could be developed with MnDOT, the temporary roadway could be eliminated. Funding for the demolition is up on Dec. 31 , 1989. The City Manager reminded Council that the Hwy. 7 TIF is not strong financially, and when State or CDBG funds are made available, the City tries to avail itself of such help. Councilmember Battaglia noted that further along the agenda there was a request for CDBG funding for architect selection for a handicapped trail at Westwood Nature Center. He asked if there was someway funding sources could be switched around and divert the proposed funds for Hwy. 7 to the Westwood project. Not knowing the timeline for the Westwood project and therefore the possibil- ity of switching funds, Councilmember Tschida withdrew her motion- and Councilmember Duffy withdrew his second. It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , that $30,000 be approved for the Comprehensive Plan and defer consideration of CDBG funding for Hwy. acquisition/demolition to September 18, 1989. The motion passed 4-1 (Councilmember Duffy opposed) . -152- City Council meeting minutes September 5, 1989 PETITIONS, REQUESTS, COMMUNICATIONS111 None. RESOLUTIONS AND ORDINANCES 8a. Liquor licensing I� Ordinance 1801 -89 /9"Vvd It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to waive reading and adopt Ordinance No. 1809-89 entitled "An ordinance amending the St. Louis Park Municipal Code related to intoxicating liquor: Section 13-124 (bond deleted) ; and Sections 13-320 through 13-328 and Section 13-334 amended." The motion passed 5-0. 8b. Ordinance re lawful gambling Ordinance 1800-89 It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, to waive reading and adopt Ordinance 1800-89 entitled "An ordinance related to lawful gambling, amending the St. Louis Park Municipal Code, Sections 13-1600(1 , 2, 3) ; Adding new Sections 13-1600 (2a, 2b, 3c) ; Deleting former Sections 13-1600 (2b, 2c) ; Renumbering former Section 13-1600(3c) to 1300(3d) ." The motion passed 5-0. 8c. Massage ordinane First reading It was moved by Councilmember Battaglia, seconded by Councilmember Duffy, approve and set second reading for September 18, 1989. The motion passed 5-0. 8d. Study of City-owned land 3810 Princeton Ave. Resolution 89-131 Councilmember Battaglia asked if there were permitted uses under the existing zoning which were not compatible with a residential neighborhood. He would not want to see some use, say motorcycle workshop, to go in there. The Director of Community Development said the piece was PUD (Planned Unit Development) and that there was a wide range of uses permitted • by special permit. The City Manager reminded Council that what was before them was a resolution finding no public need for the property. Staff would then return an ordinance to Council which would address some of the conditions Council might wish to oppose. It was moved by Councilmember Duffy, seconded by Councilmember Battaglia -153- - City Council meeting minutes • Sept. 5, 1989 ' Illto adopt Resolution 89-131 entitled "Resolution declaring no public need for property located at 3810 Princeton Ave." The motion passed 5-0. 8e. Belt Line Business Park Subdivision improvements Resolution 89-132 It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to adopt Resolution 89-132 entitled "Resolution accepting improvements and releasing bond." The motion passed 5-0. 8f. Methodist Hospital Minor amendment to approved Resolution 89-133 special permit It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to adopt Resolution 89-135 which rescinded all relevant resolutions going back to No. 7254 dated October 4, 1982 and granting special permit under Sections 14-123. 100(2) and 14-141 (3) of the St. Louis Park Ordinance Code relating to zoning to allow construction of two additions to the existing building having a total square footage of 2,770 at 6500 Excelsior Blvd. " IIIThe motion passed 5-0. Councilmember Battaglia asked if there were some reason minor amendments could not be on the consent agenda. The City Manager said that certainly could be done. Councilmember Mitchell felt no action should be taken until all Councilmem- bers were present. Mayor Hanks suggested it be placed on the next agenda. 8g. 4301 Park Glen Rd. Minor amendment to a special permit Resolution 89-134 It was moved by Councilmember Duffy, seconded by Councilmember Battaglia, to adopt Resolution 89-134 entitled "A resolution rescinding Resolution 87-94 adopted on July 20, 1987 and rescinding Resolution 86- 142 adopted on September 2, 1986 and granting special permit under Sections 14-146(5) and 14-146.9 of the St. Louis Park Ordinance Code relating to zoning to allow the addition of three dwelling units to an existing 105 unit apartment building and a commercial parking lot- at 4301 Park-Glen Rd." III The motion passed 5-0. -154- City Council meeting minutes Sept. 5, 1989 00 111 8h. Agreement with MnDOT x Cooperative agreement with MnDOT Resolution 89-135 re construction of I-394/Hwy. 100 It was moved by Councilmember Duffy, seconded by Councilmember Tschida, to adopt Resolution 89-135 entitled "Resolution authorizing execution of cooperative construction agreement No. 66196 with the Minnesota Department of Transportation to provide for improvements related to the construction of 1-394 and T.H. 100." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Proposed 1990 budget The City Manager said staff was looking for direction re a revised set of dates to fulfill the remaining steps in the Truth in Taxation process. It was moved by Councilmember Mitchell , seconded by Councilmember Duffy, to set the budget public hearing for Wed. , Sept. 27 at 7:30 p.m. The motion passed 5-0. 9b. Handicapped trail Selection of architect for handicapped trail By consent, the firm of Martin and Pitz Associates was named to design the handicapped trail at Westwood Hills Nature Center. UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS lla. Election judges It was moved by Councilmember Battaglia, Resolution 89-136 seconded by Councilmember Duffy, to adopt Resolution 89-136 entitled "A resolution designating polling places and naming election judges for September 26, 1989 City primary election." The motion passed 5-0. llb. Bid tabulation `(�6\ Sidewalk, paving, curb/gutter and random concrete replacement By consent, award contract to Thomas & Sons in the amount of $150,778. MISCELLANEOUS 12a. Damage claims None. -155- City Council meeting minutes Sept. 5, 1989 12b. Communications from Mayor Mayor Hanks referenced a letter from the League of Women Voters acknowledging the City's participation in the Hopkins Project battered women advocacy. A second letter was received from Judy Breitbarth seeking copmeneatios from the City Council for her efforts to better St. Louis Park.— Mayor Hanks asked that staff prepare a letter for his signature. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims By consent, approval of list of verified claims prepared by the Director of Finance, dated Sept. 5, 1989, in the amount of $1 ,052,880.78 for vendor claims and $12,659,39 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 13b. Contract payment Afr OVA 1 . Partial payment: David Volkmann Construction, sand/salt storage facility. Amount: $20, 166.40. By consent, approval of partial payment. 14. Adjournment The meeting was adjourned at 9:00 p.m. tO, hiet-v42.-1) Mayor 1104— orsing Secretary -156-