Loading...
HomeMy WebLinkAbout1990/10/01 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING 111 ST. LOUIS PARK, MINNESOTA October 1, 1990 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation relative to Cable TV Week. A second proclamation was presented to Peg Gingerich specifying October as Domestic Abuse Awareness Month. 7. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development and the City Assessor. 4. Approval of minutes . 111 It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the joint Council/School Board meeting of September 17, 1990. The motion passed 4-0-3 (Councilmembers Friedman, Tschida and Meland abstained) . It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the City Council meeting minutes of September 17, 1990. The motion passed 5-0-2 (Councilmembers Friedman, Meland abstained) . It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve the minutes of the special City Council meeting September 18, 1990. The motion passed 6-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Meland to approve the consent agenda for October 1 , 1990 with the removal of 8e to the regular agenda. The motion passed 7-0. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the agenda for Oct. 1 , 1990 with the addition of 10c. Community Education reorganization. The motion passed 7-0. PUBLIC HEARINGS 6a. Klodt request Special permit to allow a 173-unit apartment building at 4400 Park Glen Rd. -159- , City Council meeting minutes October 1 , 1990 Chris Dietzen, representing Klodt, addressed the Council . He listed the III reasons they feel indicate their meeting the ordinance. Lois Bredahl , also of Klodt, provided additional data in support of Klodt's position. The City Attorney said his recommendation was to close the hearing and defer taking action until Oct. 15, 1990. His office wants to review the wording on the special permit very carefully in light of the lawsuit that has been filed. Also, the insurance company which has the obligation to defend the City in the lawsuit has not yet appointed counsel and they would wish for said counsel to have any input that would be helpful in this matter. He said Klodt does not have a problem with a decision being deferred until Oct. 15, 1990. Michael Cunningham, representing Wellington Trust Company, the entity that has filed the suit for the State Teachers Retirement System of Iowa. He briefly addressed Council . 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 Battaglia, seconded by Councilmember Tschida, III— to defer the item to October 15, 1990. III The motion passed 7-0. 6b. Walser Corp. Request for a special permit to Resolution 90-148 allow expansion of display parking at 3555 So. Hwy. 100 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 Haun, seconded by Councilmember Mitchell , to adopt Resolution 90-148 entitled "A resolution rescinding Resolution 84-191 adopted on November 19, 1984 granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to allow expansion for display parking at 3555 So. Hwy. 100. The motion passed 7-0. 6c. Assessment hearing 4210 Wooddale Ave. Resolution 90-138 Patrick Jacobsen addressed Council to say he has a purchase agreement for the property for the purpose of building a private home. He explained how all the costs were to be shared between the Jacobsons and Mr. Kaufman, the builder. -160- ' City Council meeting minutes October 1 , 1990 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 Tschida, seconded by Councilmember Battaglia, to adopt Resolution 90-138 entitled "Resolution adopting assessment for 4210 Wooddale Ave. So., St. Louis Park, MN." The motion passed 7-0. 6d. Community Development Block Grant Year XV funding Resolution 90-139 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. In answer to a question from Councilmember Friedman, staff responded that removal of architectural barriers was for the handicapped trail at Westwood Hills Nature Center. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution 90-139 entitled "Community Development Block Grant funding Year XV". The motion passed 7-0. 6e. Park Nicollet Medical Center Request for issuance of revenue bonds Resolution 90-140 It was moved by Councilmember Meland seconded by Councilmember Mitchell , that item 8g be moved to 6e (inadverently not included under the public hearing section of the agenda) . 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 adopt Resolution 90-140 entitled "Resolution giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Department of Trade and Economic Development for approval ; and authorizing preparation of necessary documents." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Roller Garden Request for extended hours on Oct. 7, 1990 at Roller Garden, 5622 Lake St. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to 111 approve the request. The motion passed 7-0. -161- City Council meeting minutes October 1 , 1990 8a. Licensing of rental homes Second reading of ordinance re licensing of 1 and 2 family rental homes The City Manager gave a brief synopsis of the ordinance. Councilmember Friedman said he had had an opportunity to discuss the proposed ordinance with both tenants and absentee landlords. He was concerned that the City and Council have support in the community for such an ordinance. He felt it important to have input from tenants and owners as to what an ordinance should provide. He felt the public was letting Council know that perhaps they were moving too fast on this ordinance. He suggested a period of reflection so that all concerned could review the ordinance to see what could be recommended to reconcile some of the differences. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, that an ad hoc committee be formed consisting of, from each 1 and 2 family units, 2 owners and 2 tenants and 2 staff members to look into all aspects of the proposed ordinance and that the matter be deferred up to 90 days and report back to Council . (owners to select owner reps. ; tenants to select tenants to represent them) The following individuals addressed Council : Ken Kowalski ; Ann Mandel ; Rosemary Knutson, Minneapolis; Dick Hiller; Lareta Zerbes, Stillwater; Brad Anderson; Aaron Minion; Dan Galloway; Nart Ann Levoy; Fay Bland; Peter Roscoe; an anonymous landlord; B. Niemer; Bill Primien; William Putnam; Cliff Johnson. It was the consensus of the above speakers that the whole ordinance just be shelved. Councilmember Mitchell said there were legitimate issues involved and to simply say "We don't want it because it affects me" is, from Council ' s perspective, not enough. He said there was a legitimate concern in the community over rental properties. Councilmember Battaglia echoed Councilmember Mitchell ' s comments, stating the City will have an ordinance -- perhaps not this exact one, but there will be one. He asked those in attendance for their support and input so that an ordinance can be developed which will reflect the best interests of all concerned. Councilmember Haun challenged the ad hoc committee to come up with a solution to finding the absentee landlordsthat the City has been unable to identify. Councilmember Tschida concurred. The motion passed 7-0. 8b. Resolution re rules of criminal procedure Resolution 90-141 Councilmember Tschida asked the purpose for the change in the rules. The City Manager read from Attorney Colich's letter and a judge' s desire !Ili to bring about conformity through the state relative to omnibus hearings/trials. -162- City Council meeting minutes Oct. 1 , 1990 It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Resolution 90-141 entitled "A resolution regarding Amendments 8.04 and 11 .07 of the Minnesota Rules of Criminal Procedure which are to take effect Jan. 1 , 1991 ." Councilmember Tschida said she would vote against only because she questioned the cost implications. She didn't think the Council should make a judgment on law enforcement based on cost. The motion passed 6-1 (Councilmember Tschida opposed) . 8c. Political signs Second reading of ordinance amending Ordinance 1839-90 zoning ordinance by specifying when restrict- ions of size of political signs shall not apply It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Ordinance 1839-90 entitled "An ordinance amending the St. Louis Park ordinance code relating to zoning by amending Sections 14-185.04(3) (c) , 14-185.04(3) (e) and 14-185.04(3) (f) - Political Sign Regulations." The motion passed 7-0. 8d. Wooddale Lutheran Church It was moved by Councilmember Resolution 90-142 Haun, seconded by Councilmember Battaglia, to adopt Resolution 90-142 entitled "A resolution granting variance in front yard setback from Section 14-187(2) (d) of the Ordinance Code relating to zoning to permit a front yard setback of 0 ft. instead of the required 30 ft. for a parking lot in the R-2 single family residence district at 4003 Wooddale Ave." The motion passed 7-0. 8e. Park Assembly of God Councilmember Mitchell asked for Resolution 90-143 background which the Director of Community Development provided. Councilmember Mitchell was concerned about abutting property owners being notified of the proposal . The Director said residents were not notified because any development that would occur pursuant to the minor amendment would be occurring at an elevation which would be above the regulatory flood protection elevation. Councilmember Mitchell said he could not support the proposal if it has not been discussed with the nearby residents -- technically, the church did not have to notify; however, it would seem to be good business practices. The senior pastor at Park Assembly assured Council that the proposed addition had been discussed in a number of conversations with the three neighbors. On that assurance, Councilmember Mitchell removed his objection. It was moved by Councilmember Meland, seconded by Councilmember Friedman, -163- City Council meeting October 1 , 1990 to adopt Resolution 90-143 entitled "A resolution rescinding Resolution 6656 adopted on Sept. 15, 1980 and granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of an addition to the existing church building consist- ing of a classroom and fellowship hall in the R-1 , single family residence district and F-2, floodplain district at 1615 Texas Ave." The motion passed 7-0. 8f. Resolution levying assessments Delinquent water, sewer, refuse, sewer service availability charges, nuisance abatements, tree removal , tree injection and false alarm fees It was moved by Councilmember Friedman, seconded by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 90-144 entitled "Resolution levying assessment for delinquent water/sewer/refuse/sewer service availability charges, nuisance abatements, tree removal , tree injection and false alarm fees." Councilmember Battaglia asked about notification procedures. • The City Manager said that information would be provided to Council . The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Ford Road update Councilmember Battaglia felt issues such as road width, stop signs and road alignment should be specifically spelled out in the letter. He felt the letter should be stronger in - noting the two cities should have worked parallel on this project, rather than Minnetonka taking the lead in designing and practically constructing the project. Councilmember Mitchell felt the letter should reflect the Council ' s concern about the action already taken by Minnetonka and he concurred with Council- member Battaglia's concerns. Councilmember Friedman did not want the letter to go in its present form. He said Council was kept abreast of what was going on by staff and was also in contact with Minnetonka staff. He felt the Council would find better reception if the concerns were stated rather than thoughts about why Minnetonka may have done what they did. He wondered if the Mayor could not contact Minnetonka's Mayor and go over what can now be done rather than an exchange of letters. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, that Council take the position it supports a 28 ft. wide road as long as State Aid funding is available, stop signs by 16th St. and by the park and that this position be communicated to the Minnetonka City Council . The motion passed 7-0. -164- City Council meeting minutes October 1 , 1990 9b. Knollwood Green subdivision Reduction in letter of credit Resolution 90-145 It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 90-145 entitled "Resolution reducing letter of credit for Knollwood Green Subdivision improvements." The motion passed 7-0. 9c. Neighborhood revitalization task force It was moved by Councilmember Tschida, seconded by Councilmember Meland, to set the first meeting on Oct. 24 or 25. The motion passed 6-0. It was the consensus the first report come back to Council on Feb. 1 , 1991 . 9d. 3054 Louisiana Ave. Proposed settlement of litigation It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve settlement of the litigation on the residence at 3054 Louisiana Ave. So. The motion passed 7-0. 9e. Planning Commission minutes Sept. 19 9f. Board of Zoning Appeals minutes Aug. 23 9g. Park and Recreation minutes Sept. 12 Items 9e-9g ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions Appointment to Policy Advisory Committee - Staff was instructed to advertise for this position 10b. Project estimating costs Councilmember Battaglia found the report to be very informative. He asked that another comparison be done in a year's time to see how staff is doing. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to receive the report for filing. The motion passed 7-0. -165- • City Council meeting minutes October 1 , 1990 10c. Community Ed reorganization Councilmember Battaglia moved that the School Board continue to listen to advisory groups and receive additional input on the reorganization before they act on it. Councilmember Meland believed the reorganization was accomplished some months ago by administrative action in that it did not call for approval . Councilmember Mitchell felt continually frustrated by this matter - a structure that is part of governance, but is not really a part of governance. Residents look to the Council for accountability, but the Council is very limited in its role. He felt Council 's role should be made clear. Councilmember Battaglia felt if the City was going to continue to fund the organization, it should be taking a more active role in policy decisions. Erica Buffington said she had been to the School Board meeting and this was not an administrative action, that action would be taken at a future date after further committee and community input is received. Councilmember Mitchell asked that Council be provided an update on the status of the Community Education reorganization. NEW BUSINESS lla. Bid tab: Project 90-76 Drift-Platteville aquifer monitor well By consent, designate E. H. Renner as the lowest responsible bidder and authorize execution of a contract for $24,225.00 llb. Humane Society Renewal of State license to sell pulltabs at Park Tavern Lounge, 3401 Louisiana Ave. By consent, adopt Resolution 90-146 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." MISCELLANEOUS 12a. Damage claims Mark Schug Park Glen Apts. vs. St. Louis Park Steven Housh By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks said the high school was celebrating the 100th anniversary St. Louis Park on Saturday. 12c. Communications from City Manager Nothing illr -166- City Council meeting minutes October 1 , 1990 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS ill 13a. Verified claims By consent, approve verified claims prepared by the Director of Finance dated October 1, 1990 in the following amounts: Vendor claims: $788,489.39 and payroll claims $28,034.59 13b. Contract payments 1 . Final : J. P. Norex, watermain installation. Amount: $4,315.85. - By consent, adopt Resolution 90-147 entitled "Resolution accepting work on watermain installation, project 89-02." 2. Partial : Hartman Excavation, handicapped trail at Westwood Hills Nature Center. Amount $50,563.93. By consent, motion to approve and authorize payment. 14. Adjournment The meeting adjourned at 10:22 p.m. L . Hanks, Mayor III cording /eary -167-