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HomeMy WebLinkAbout1990/12/17 - ADMIN - Minutes - City Council - Regular ' • MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA 4a December 17, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations Mayor Hanks presented plaques to 10 recipients of the City's Evergreen Award in recognition of their efforts at beautification. Four additional recipients were not in attendance to accept their plaques. Mayor Hanks acknowledged Scout Troops 282 and 307, present to observe 3. 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 Community Development, Director of Public Works, City Assessor, Director and Asst. Dir, of Finance. 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Haun, to approve the minutes of the Dec. 3, 1990 Council meeting with the following corrections: Item 6a. first line should read: ". . .was advised she should have brought her concerns to the Board of Equalization meeting in 1990. Council- member Friedman suggested she call the City Assessor to discuss the matter with him"; item 8e. Item removed from the agenda at the request of the City Manager. The motion passed 4-3 (Councilmembers Mitchell , Battaglia, Mayor Hanks abstained) . It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve the minutes of the Long-range Planning Session of Dec. 10, 1990. The motion passed 5-0-2 (Councilmembers Haun and Meland abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the consent agenda with the removal of 13bB1 and 9c to the regular agenda. The motion passed 7-0. It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the agenda for Dec. 17, 1990 with the following additions: llb. Severance pay for economic layoffs; 10c. Gambling tax ordinance; and 12c2 on ECO organization. The motion passed 7-0. -197 . City Council meeting minutes December 17, 1990 PUBLIC HEARINGS III 6a. Police/PERA Police consolidation into Public Employees Resolution 90-181 Retirement Assoc. 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 90-181 entitled "Resolution approving the consolidation of the St. Louis Park Police Relief Association with the Public Employees Retirement Association (PERA) public employees, police and fire fund benefit plan." The motion passed 7-0. 6b. Win Stephens Companies Request to review denial of a variance request: Win Stephens Companies, 2230 So. State Hwy. 100 Vern Lutz, Stephens, appeared once again on behalf of the signage for Stephens Buick which is virtually obliterated along Hwy. 100. He said their variance to elevate the sign was denied by the Board of Zoning Appeals. Councilmember Meland noted that the Planning Commission was also looking at this issue. III Councilmember Tschida wondered if it were realistic for the Planning Commission to come up with a plan quickly for this situation. Although sympathetic with all businesses concerned, she was anxious to see what the Planning Commission might come up with. Councilmember Friedman felt it was reasonable for businesses and residents to expect some relief within the shortest period of time. He would like an answer to come back as soon as possible -- perhaps continuing the public hearing was the way to proceed so that Stephens does not have to reapply and pay another fee. Mayor Hanks did not see any reason for staff to spend preparing a resolution of denial for Jan. 7, 1991 as recommended because something is going to have to be done. Councilmember Friedman wondered if all businesses would be included in any action. The City Manager said that upon review of the cases by staff, the latter had recommended no change in the ordinance. The alternative would be to review each individual case. Councilmember FriedmiMas confused -- Council was asking that the Planning Commission look at the situation and that body already has a recommendation111 from staff not to change the ordinance. It was his intent that businesses be spoken to for their input; and not asked to go through formalities when the predetermined answer was no. He said it was the intent of the Council to request the Planning Commission to consider -198- an equitable change. City Council meeting minutes December 17, 1990 111 Councilmember Battaglia wanted to make sure all businesses impacted along the corridor are notified of the Planning Commission hearing so they can come and give input. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to continue the hearing to Jan. 7, 1991 and give Council a report if Win Stephens is the only business affected and see if the recommendation can be changed in the form of a variance. The motion passed 7-0. Councilmember Friedman said that as 1/7 of the Council he did not want to return on Jan.7 only to have Csl. work out a resolution and some way of alleviating this signage problem. He was looking at a win-win situation for all involved. REQUESTS, COMMUNICATIONS, PETITIONS 7a. Tower Place area Request for neighborhood meetings with residents and businesses It was moved by Councilmember Haun, seconded by Councilmember Tschida, to meet with residents and businesses for the purposes of information only on the Tower Place site. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Vacation A portion of Old Minnetonka Blvd. west Ordinance 1844-90 of Independence Ave. and east of State Hwy. 169 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Ordinance 1844-90 entitled "An ordinance vacating public street: A portion of Old Minnetonka Blvd. (9500 Minnetonka Blvd. )" The motion passed 7-0. 8b. 1991 pay play Resolution adopting proposed 1991 pay plan for Resolution 90-182 City employees It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to adopt Resolution 90-182 entitled "A resolution revising the position classifi- cation and salary plan and amending Resolution 89-129 effective January 1 , 1991 ." The motion passed 7-0. 8c. 1991 water/sewer rates First reading of ordinance Councilmember Friedman complimented staff on an excellent report. It was his feeling that seniors should receive some sort of relief in re water/sewer charges. The option III was the one he would propose for Council consideration -199- City Council meeting minutes Dec. 17, 1990 and the disabled which will serve to help some needy seniors/ on the basis they are having financial trouble in other areas as well . III Councilmember Battaglia was all in favor of helping needy seniors and the disabled; however, he noted other groups in the City are financially hardup. . He was shocked to see that the present system rewards larger users of water - the more you use, the less your rate. He'd like to see the 3-tier system eliminated and provide the savings back to the general population. He said he had been told that if the 3-tier system were eliminated and everyone charged the same, a 1% increase in the rates would be needed instead of a 4% increase. The Finance Director reminded the Council the tiered system was put into place about 6 years ago when a professional organization did a study of the City' s water/sewer rates. It is an economic structure in that it does not cost the City the same amount of money per cu. ft. to pump the first gallon as it does the 10 millionth gallon. idea Mayor Hanks felt Councilmember Battaglia' s/ should really be looked at preferably in the future to give staff an opportunity to research it further. Councilmember Mitchell concurred and felt a great deal more study was needed. He was sympathetic to all groups who would be affected by an increase but cautioned about focusing on just one or two. Councilmember Friedman noted this is about the 4th or 5th time this item has come to Council . The report before Council was at its request and he felt some first step ought to be taken. He would like to find a formula III where all needy groups, not just seniors, could be assisted. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt the proposed water and sewer rates and incorporate Option 3 covering seniors and disabled who qualify for financial assistance. Councilmember Battaglia had a problem with a certain segment of the population having its water bills increased in order to cover a reduction to one group of people. He felt this was not really fair. Councilmember Tschida concurred. Mayor Hanks preferred to see the Council move a little slower on this and perhaps look at other options. In answer to comments by Councilmembers Battaglia and Friedman, the City Manager explained that if Council were to go with Option 3 at the 15% level , the percentage increase would be an estimated lh%a increase over the proposed 4% for customers other than the seniors and disabled - for water only. Councilmember Meland asked if staff could describe what percentage of the total amount of money that is collected for sewer stays in the City and what is sent on to the Metropolitan Waste Control Commission. The Finance Director said the MWCC share of the sewer charged to the customers is in the area of 65% of City operations. III Councilmember Friedman withdrew his motion based on a timetable by which this will come back to the Council so it ceases getting bounced over year after year again. The second agreed. -200- City Council meeting minutes December 17, 1990 It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve first reading, set second for Dec. 27, 1990 and authorize summary publication; and further, to restudy the question with a view to make a change by July 1 , 1991 and schedule a study session of the item during February 1991 . (Option 4 - no discount at this time) . The motion passed 7-0. 8d. Southwest Mutual Fire Aid Assoc. It was moved by Councilmember Resolution 90-183 Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-183 entitled "A resolution approving the inclusion of the City of Wayzata into the Southwest Mutual Aid Association, Contract 1951-91" The motion passed 7-0. 8e. Budget Second reading of ordinance adopting Ordinance No. 1845-90 1990 revised budget and proposed 1991 budget It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Ordinance No. 1845-90 entitled "An ordinance adopting the budget for the fiscal year 1991 and amending the 1990 budget as adopted by Ordinance 1814-89 and amended by Ordinance 1822-90." Councilmember Friedman referenced the monies set aside for the City Hall remodeling. Based on the information from the space consultants that more money is going to be needed, he wondered if second reading could be postponed to Dec. 28. The Mayor said 5 votes would be needed. Additional funding for the remodeling would certainly increase taxes in 1991 and 1992. Mayor Hanks felt the Council and staff had been diligent in cutting the budget in light of the unpredictability of local government aid. Councilmember Friedman was not opposed to the remodeling recognizing that it was essential . He would like to see a reduction in any bond for the remodel- ing by $1 million and if remaining in would not be used for any other purpose. The City Manager clarified the $1 million is in the budget, but it wouldn't be used to spend on other things. It would be used either to pick up a shortfall because of cuts in local government aid or to reduce any bonding if the major remodeling is approved. The motion passed 7-0. 8f. Trail corridor Resolution in support of concept Resolution 90-184 of a trail corridor adjacent to Cedar Lake Park Councilmember Friedman presented brief remarks on the resolution and moved for its adoption which was seconded by Councilmember Tschida. -201- City Council meeting minutes December 17, 1990 Councilmember Battaglia thought this could be an enhancement to the community; III however, it could also be a problem depending on what happens to the park, how big it gets, who pays for it, where does the trail go through neighborhoods, etc. He had a problem in that once a concept is supported without knowing the specific parameters it can start snowballing. He thought when monies were committed and a concrete plan was on paper, it should come back to Council . Mayor Hanks did not know if he wanted to support the concept of park land at this time. He could support a trail corridor when the whole trail is laid out. Councilmember Tschida noted that in the resolution the area west of Hwy. 100 is not addressed and the park would be under the Regional Park Authority, not the financial responsibility of the City. Councilmember Friedman commented that he was understanding of Councilmember Battaglia's and Mayor Hanks' comments, but Council was being asked to support the concept of a trail from Hwy. 100 east and that portion of the land lying in St. Louis Park to support the trail . To reiterate what Councilmember Haun said, this was in an effort to give the promoters some support at the regional level to see if they would even go for such a concept. It would still have to return to the City Council . Bob Andrews, 2324 Parklands Rd. , spoke in favor of the proposal . He noted this was a one-time opportunity for the Nature Conservancy to buy the land both in St. Louis Park and Minneapolis which abuts Cedar Lake. III There was some concern that what initially had been a trail through St. Louis Park now seemed purchase of 17 acres of park land. Mayor Hanks said he could not support this proposal as it is not what appears on the City' s Comp Plan. He would support looking at a trail . He could not support some outside agency purchasing the 17 acres thus removing it from the City' s tax rolls. Councilmember Mitchell said he felt the resolution before Council supported the concept of a park, not just a trail . He thought the resolution should be rewritten if the intent is that it be trail . He didn't feel it had been discussed. Councilmember Friedman noted there was a timeframe under which the Nature Converancy needed to act; thus, the interest in having the resolution passed this evening. Bob Andrews raised the question of the value of the 17 acres for development. He said Glacier National Park would not sell the Minneapolis land unless the St. Louis Park land was also sold. The motion passed 4-3 (Councilmembers Battaglia, Mitchell , Mayor Hanks opposed) . 8g. 3054 Louisiana Ave. First reading of an ordinance re sale of 3054 Louisiana Ave. -202- City Council meeting minutes December 17, 1990 111 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve first reading and set second for Dec. 27, 1990 Councilmember Friedman had a number of questions on the purchase agreement. He had enough questions that it was the consensus to proceed with first reading, but provide a tighter purchase agreement for Council 's consideration at second reading on Dec. 27, 1990. The motion passed 6-1 (Councilmember Tschida opposed) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. 1991 insurance package In response to a question from Councilmember Battaglia, the Dir. of Finance explained the roles of the various individuals involved in the development of the insurance package. Frank Howard, BHK&R, the City's insurance agent, explained some of the aspects of the City's various insurance coverage. Councilmember Tschida said that in reviewing the figures the City seems to be paying a tremendous amount while preserving an excellent loss experience. She would like to have staff look at self-insurance in the future. It was moved by Councilmember Meland, - seconded by- Councilmember Friedman, to accept the 1991 insurance package. The motion passed 6-1 (Councilmember Tschida opposed) . 9b. Contract: Refuse/recycling Services to municipal buildings It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to authorize execution of a contract with Waste Management. The motion passed 7-0. 9c. Franklin Ave. Request for neighborhood meeting re street reconstruction Councilmember Battaglia noted a radical change was being proposed. He was wondering why the things being proposed were proposed. The Director of Public Works explained why it was necessary to proceed in the manner as proposed, which in essence will make for a more safe roadway. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to authorize staff to hold a neighborhood meeting. The motion passed 7-0. -203- City Council meeting minutes December 17, 1990 9d. Brookside/Yosemite bridge By consent, authorize staff to hold neighborhood meeting 111 9e. November financial report By consent, receive for filing 9f. 1991 street assessments By consent, direct 1991 assessment rate for residential street construction to remain at $16.00 per assessable foot. 9g. Rec Center advertising policy It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt the proposed policy. Councilmember Friedman suggested inserting "City Council of the" before St. Louis Park under content, 3 paragraph. The motion passed 7-0. 9h. Wolfe Park Public/private development It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to proceed with the feasibility study. Councilmember Haun was concerned about commitments made to the neighborhood at the time the Recreation Center was built. He was not against looking at ways to raise revenue but was opposed to the site because of the commitments III made. Councilmember Battaglia was reluctant to get into a commercialization of this area. Councilmember Friedman was concerned because of Tower Place, Park Shore Place and that fact that fragmentation is occurring - a consultant/Planning staff looking at one development; Park and Recreation staff looking at another development. He suggested that getting input from people attending the Tower ' Place public meeting be gotten before going out on a feasibility study. It was clarified by the City Manager that three things shall also occur: share with Barton-Aschman; evaluate history of commitments at the site; and coordinate with Jan. 3 public meeting on Tower Place. The motion passed 6-0-1 (Councilmember Haun abstained. ) Councilmember Friedman clarified that staff will not proceed until after the Jan. 3 meeting. The City Manager concurred. 91 . Police/Fire/Inspections It was moved by Councilmember facilities study Mitchell , seconded by Councilmem- ber Tschida, to accept the recommendations as outlined in staff' s report. -204- City Council meeting minutes December 17, 1990 111 Councilmember Friedman had a couple of changes: Under 2, change "8 to 12 soil borings" to "all necessary soil borings." He questioned $10,000 to be paid by the City for soil borings. The City Manager commented that the $10,000 covered more than just soil borings. The motion passed 7-0. UNFINISHED BUSINESS 10a. Boards and commissions None. 10b. Rental housing licensing The City Manager gave a brief report on the work of the committee studying this issue. The committee was seeking guidence from the Council in two areas: (1 ) Was it the Council 's intent that a licensing program would cover a situation where there was a boarder in a single family dwelling? and (2) Should the ordinance and committee contemplate a role with condominium and townhouse owners? He said a mailing had gone to all interested parties informing them of tonight's meeting. Councilmember Friedman felt it fair that any ordinance apply to all groups renting property be it single family, condo or townhome. He complimented staff and the committee who have worked on this program. Mayor Hanks felt if the committee was going to continue to meet he wondered about the committee looking at non-homesteaded properties. He wondered if the existing ordinance could be beefed up to include rental properties which are non-homesteaded stating by Jan. 15 of each year to whom their property is rented and to indicate when tenants change, the property has to be inspected. He complimented staff and the committee for arriving at agreement on five areas, but the remaining areas are going to very difficult to address. Councilmember Mitchell felt the whole item was not focused enough. If Council was giving direction, each of the items should be voted upon. Councilmember Friedman said he'd like to see the committee come back with recommendations on March 31 , 1991 as indicated in the staff report. Councilmember Haun's problem was how to sort out good from bad property owners. Councilmember Meland took the position that the committee should go ahead and study the condo/townhome issue as well as boarders. He would not have a problem if the committee were to go ahead and study the existing ordinance beefed up as the Mayor suggested. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to accept the recommendations in staff's report and proceed with the 2 issues as indicated in the report. -205- City Council meeting minutes Dec. 17, 1990 The motion passed 7-0. NEW BUSINESS lla. Cystic Fibrosis Application for renewal of State Resolution 90-180 pulltab license at Ambassador and issuance of premises permit It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to adopt Resolution 90-180 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 5-2 (Councilmembers Friedman and Mitchell opposed) . llb. Severance pay Councilmember Meland referenced the layoff in personnel due to economic considerations. He noted one must have service of 10 years to qualify for the existing severance package. -Such layoffs usually fall on less senior staff who do not qualify. He felt that in dealing with this sort of economic situation some sort of short term bridge dealing with salary and health benefits should be created. It was moved by Councilmember Meland, seconded by Councilmember Tschid that the City Manager study this problem and bring back a recommendation to Council on Dec. 27. Councilmember Meland noted that generally in industry there is a kind of standard that involves a week ' s pay for each year of service. He also asked that the health insurance area be addressed. The motion passed 7-0. llc. Gambling tax ordinance Csuncilmember Meland noted many gambling operators have called to comment on the burdens the gambling tax ordinance passed last summer have placed on them. He said he had discussed with the City Attorney' s office to see if there was a way in which the City could distinguish between various holders of charitable gambling licenses. The outcome was the Attorney General 's opinion would have to be sought in order to resolve that question because the law is unclear. It was moved by Councilmember Meland, seconded by Councilmember Friedman that staff return to Council whatever instrument is necessary to repeal the ordinance. To clarify, Councilmember Meland said apparently not everyone is paying the tax. He felt it was unfair to have to wait for six months for an Attorney General ' s opinion for those organizations who are feeling a real hardship. Councilmember Friedman felt the State should be handling these gambling issues. He'dike to see the City out of it as much as possible. Councilmember Haun felt the State Gambling Commission should be overseeing gambling matters. He didn't think the City had a right to tell the service -206- City Council meeting minutes Dec. 17, 1990 111 clubs, most of whom have been excellent neighbors, what they can/cannot do with their profits. Councilmember Mitchell asked, assuming we were to do as Councilmember Meland suggested, what would the City' s responsibilities be as directed by the State. The City Attorney said the statute requires the City to do one thing, i .e. to issue a premises permit for any gambling done within the borders of the City. Any additional conditions, if any, are up to the discretion of the Council . Councilmember Tschida did not feel the City's ordinance addressed policing of gambling establishments. She would reluctantly support the motion. Councilmember Battaglia remembered the original intent of the ordinance was that the City would establish criteria within which to give/deny access permits. In addition, Council decided to impose the fee/tax. If such criteria were not on the books, he did not feel the Council could arbitrarily give one/deny one to any organization seeking a license. He did not see the revocation of the ordinance was the way to proceed. The State has determined there can be charitable gambling in St. Louis Park. The State has given the City the right to determine criteria and he saw that as the Council ' s job. 111 Councilmember Friedman asked for clarification of "criteria." It was his understanding that the City could be more restrictive but can't be less restrictive than State law. The City Attorney said the City' s ordinance does specify certain criteria that the Council should consider in approving a premises permit. Mayor Hanks felt as long as an operation was charitable gambling, he did not have a problem. Councilmember Battaglia felt the -Council had to regulate where operations were to be located. It was moved by Councilmember Friedman to defer the matter to Jan. 7, 1991 at which time the City Attorney was to bring back the minimum recommendation that the City would legally have to comply with to restrict the area in which these operations can be carried out. Councilmember Meland seconded. The motion passed 7-0. MISCELLANEOUS 111 12a. Damage claims None. 12b. Communications from Mayor Mayor Hanks referenced Bob Andrews letter re appointment of an alternative to the MASAC. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia -207- City Council meeting minutes MiCROFII,iViED Dec. 17, 1990 Manny Camilon of the Inspections Dept. as alternate. The motion passed 7-0. Councilmember Meland suggested sending past correspondence to the City's Congressional delegation to the new Senator-elect. It was so moved by Councilmember Meland, seconded by Councilmember Friedman. The motion passed 7-0. Meeting with legislators: The consensus was to meet prior to the regular meeting on Feb. 4, 1991 . 12c. Communication from City Manager It was the consensus to hold the year-end meeting on Dec. 27 at 11 :00 a.m. Councilmember Friedman gave an update on the progress of the environmental concern group of which he is a member, Environmental Cities Coalition. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified"crl'aims- By consent, the claims prepared by the Director of Finance dated December 17, 1990 were approved in the following amounts: Vendor claims $223,280. 10 and payroll claims $19,148.05 and the City Treasurer and City Manager authorized to distribute checks in the appropriate amounts. 111) 13b. Contract payments 1 . Final : Bituminous Consulting and Contracting: grading/paving. Amount $21 ,348.76 Councilmember Friedman wanted to express his displeasure at the funding for this roadway It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 90-185 entitled "Resolution accepting work on construction of temporary access to T. H. 7 from the south frontage road." The motion passed 6-1 (Councilmember Friedman opposed) . 14. Adjournment The meeting adjourned at 10:50 p.m. , i,,(/ ` _ / •1ayo f/ R cor ing Se retary -208-