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Home My WebLink About1990/10/15 - ADMIN - Minutes - City Council - Regular MINUTES 111 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 15, 1990 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation for National Red Ribbon Week. 3. Roll call The following Council members were present at roll call : Bruce Battaglia, George Haun, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the Director of Public Relations, Director of Community Development, City Manager and City Attorney. 4. Approval of minutes 111 It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the minutes of the Council budget session. The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the minutes of the October 1 City Council meeting. The motion passed 6-0. It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to approve the minutes of the long range planning meeting of October 8. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the consent agenda for Oct. 15, 1990. The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Battaglia to approve the agenda for October 15. The motion passed 6-0. PUBLIC HEARINGS 6a. Byerly' s Beverages, Incorporated Application for off-sale intoxicating liquor license 111 John Arneson was present to answer questions. There being no one further wishing to answer questions, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -168- City Council meeting minutes October 15, 1990 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the application of Byerly' s Beverages, Incorporated. III The motion passed 6-0. 6b. Klodt, Inc. Request of Klodt for a special permit Resolution 90-149 to allow a 173-unit apartment building at 4400 Park Glen Rd. The City Attorney said his office had received a request from the attorney bringing suit against the City that the hearing be reopened. It was moved by Councilmember Meland, seconded by Councilmember Mitchell to reopen the hearing. The motion passed 5-1 (Councilmember Haun opposed) . Chris Dietzen, attorney for Klodt, addressed Council . He wanted noted that the Park Glen property is zoned R-B. Klodt's property is contiguous to the Park Glen property. Walden Woods is immediately adjacent to Park Glen and is also zoned R-B. The Park Glen property will not be harmed in any way because _of the expansion of the R-B zoning for issuance of a special use permit. He wanted the record to be clear that there is no basis in law to have any kind of vested rights in the zoning of one's adjoining property. He pointed out that Wellington Trust, which brought the suit against the City, is not an owner of Park Glen property. 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 Haun, seconded by Councilmember Meland, to adopt Resolution 90-149 entitled "A resolution granting special permit under Section 14-146(5) of the St. Louis Park ordinance code relating to zoning to permit a 173 unit apartment building for property zoned R-B, residential business zoning district, located at 4400 Park Glen Road." The motion passed 5-1 (Councilmember Battaglia opposed) . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Rogers Petroleum Request for an appeal of zoning administrator's interpretation of ordinance relating to "inciden- tal car wash": 5430 Minnetonka Blvd. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to set a public hearing for November 5, 1990. The motion passed 6-0. 7b. Logan variance denial Request for review of variance denial : 3755 Inglewood Ave. Grant Mossbrugger, owner of 3751 Inglewood, spoke in opposition to the fence which he described as esthetically displeasing. -169- City Council meeting minutes October 15, 1990 Councilmember Battaglia felt the variance should not be granted; however, he alluded to the miscommunication to the Logans by a staff member that resulted in the fence being constructed. He wanted to see some type of financial restitu- tion to the Logans. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to authorize preparation of a resolution of denial and to authorize the City Manager to work out a reasonable financial reimbursement with the Logans. The motion passed 6-0. 7c. Roller Gardens Request for extended hours It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to approve the request. The motion passed 6-0. 7d. Methodist Hospital Request for partial abatement of fee under Resolution 90-112 Terry Finzen spoke on behalf of Methodist's request. In answer to a question from Councilmember Battaglia, the City Attorney said it was legal for the City to charge such a fee. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to exempt the $35 million from the fee but the remainder by assessing according to the resolution passed by Council . It was the consensus that the $35 million issue be grandfathered 'in for Methodist but in the future the City adhere to the conditions of the resolution in determining fees on revenue bonds. The motion passed 4-2 (Councilmember Haun, Mayor Hanks 'opposed) . 7e. Park Nicollet Med Center Request for partial abatement of fee under Resolution 90-112 under Resolution 90-112 Bill Telleen from Park Nicollet addressed Council ., It was moved by Councilmember Mitchell , seconded by Councilmember Tschida to impose a one-time fee on $14.5 million, with the bond issue not to exceed` $19 million. The motion passed 4-2 (Councilmember Haun, Mayor Hanks opposed) . RESOLUTIONS AND ORDINANCES 8a. Housing Code Compliance Second reading of ordinance Ordinance 1849-90 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 1849-90 entitled "An ordinance amending St. Louis Park Code Section 15-330 and 15-332(2) relating to application and issuance of Certification of Housing Maintenance Compliance " and that -170- City Council meeting minutes October 15, 1990 2-4 private inspectors be used. The motion passed 6-0. III 8b. Minneapolis Golf Club Request for time extension Resolution 90-150 IIt was moved by Councilmember Battaglia, seconded by Councilmember Haun, to adopt Resolution 90-150 entitled "A resolution rescinding Resolution 90-42 adopted on April 2, 1990 and granting special permit under Section 14-126(2) of the St. Louis Park ordinance code relating to zoning to allow a golf course/country club parking lot addition at 2001 Flag Ave." The motion passed 6-0. 8c. 1991 employee insurance program It was moved by Councilmember Resolution 90-151 Meland, seconded by Council- member Battaglia, to adopt Resolution 90-151 entitled "Resolution establishing City contribution toward health, life and dental insurance for non-union/non-supervisory and supervisory employees for 1991 ." The motion passed 6-0. 8d. City Engineer's report Project 90-82 Resolution 90-152 III It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Resolution 90-152 entitled "Resolution accepting City Engineer's report, ordering Project 90-82." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic study 433 No right on red, W. 36th/Texas Resolution 90-153 Ave. By consent, adopt Resolution 90-153 entitled "Resolution restricting right turns during the red phase of the traffic signal cycle controlling the W. 36th St. approaches to Texas Ave." 9b. Cable TV minutes Sept. 27, 1990 9c, 9d. Planning Commission minutes Sept. 26, Oct. 3 9e. Housing Authority minutes Sept. 11 9f. September financial report Items 9b thru 9f ordered filed by consent III -171- City Council meeting minutes October 15, 1990 UNFINISHED BUSINESS - lOa. Boards and commissions Fire Civil Service Commission - It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to appoint Roger Israel and Randy Davis to the Fire Civil Service Commission. The motion passed 6-0. Cable TV Advisory Commission - The committee decided to defer appointment until November 5. Parks and Recreation/Youth Representatives - Council requested that applications Policy Advisory Committee for individuals interested in these three commissions be distributed to Council prior to interviews being set up. NEW BUSINESS lla. Bid tabulation: Lift vehicle hoists By consent, accept proposal of ' Westside Equipment and authorize execution of a contract for $35,722. llb. Animal boarding contract By consent, authorize execution of the agreement with Park Pet Hospital . llc. Bid tabulation: Animal control contract By consent, authorize execution of the agreement with Midwest Animal Services MISCELLANEOUS 12a. Damage claims Harold Larson Donna Mitchell By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks shared an evaluation for for -City Manager appraisal asking the City Manager to evaluate and send copies out to Council . 12b. Communications from City Manger The City Manager reviewed the upcoming meeting schedule. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified claims dated October 15, 1990 in the following amounts: Verified claims: $1 ,014,206.19; and payroll claims $20,258.71 . 14. Adjournment The meeting adjourned at 8:30 p.m. 6t) )1441) -� Mayo ecor ing Secretary -172-