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HomeMy WebLinkAbout1990/03/19 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 19, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Roll call The following Councilmembers were present: Bruce Battaglia, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. 3. Presentations None 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to approve the minutes of the March 5, 1990 meeting with the following correction: pg. 32, item on Northland, change "time" to "town." The motion passed 5-0-1 (Councilmember Mitchell abstained) It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the long-range planning session of March 12, 1990. The motion passed 5-0-1 (Councilmember Meland abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to approve the consent agenda with the removal of 13a to the regular agenda. The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the agenda with the addition of lle. Food shelf. The motion passed 6-0. PUBLIC HEARINGS 6a. Vacation request Request of City of St. Louis Park to vacate a portion of the right of way of Wooddale Ave. at the northeast corner of Wooddale/Oxford It was moved by Councilmember Friedman, seconded by Councilmember Meland, to continue the public hearing to May 21 , 1990. The motion passed 6-0. -38- City Council meeting minutes March 19, 1990 6b. Park Nicollet Medical Center Request of Park Nicollet Center to amend an approved special permit under Section 14-124. 101 (2) of the zoning 111 ordinance to permit a two-story addition at 5000 W. 39th St. Mayor Hanks referenced a letter from Park Nicollet asking for a continuance to April 2, 1990. With the concerns expressed re parking, he wondered if Park Nicollet would be ready to proceed on April 2 rather than April 16 as staff had recommended. Joe Mitlyng of the Center said it was their intent to continue with the efforts to arrange for acceptable long-term parking to meet the needs of the addition proposed to be built on the north side of the building as well as the needs of the neighborhood and citizens of St. Louis Park. They would hope the matter could be taken up on April 2 as they have a benefactor who is providing significant financial aid in the construction of the imaging unit; however, the benefactor stipulates the unit to be in place by this summer. Councilmember Friedman didn't believe in interim and temporary parking solutions. He said if the Center cannot find and own -- not lease, not temporary -- parking arrangements, he would not vote for the issue. The following neighborhood residents addressed Council : Tom Patterson, Wolfe Lake Condominiums, representing 8-10 owners who were in attendance; Carol Steffens-Meier, 4860 W. 39th St. ; Cecelia Kamen. They were concerned about the traffic, the configuration of the building, the trash compactor. In answer to a question from Mayor Hanks, Mr. Mitlyng said they had not met with the neighborhood. He did feel it would be a good thing to do. Mayor Hanks suggested Mr. Mitlyng meet with the neighbors present that evening and set up a time for them to view the plans and generally discuss items of mutual concern and interest. Jim Reinertsen, M.D. , president of the Center, addressed the various points raised. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to continue the matter to April 2, 1990. Councilmember Friedman noted that only he and Councilmember Battaglia seemed to be concerned about the long-term parking situation. He hoped staff and the Center would not waste time proceeding with plans that did not address this concern. He wanted to make sure the Center was not getting mixed messages. Councilmember Tschida said that because the City is close to moving in a different direction in this area, she would prefer to delay any action until the plans for the On the Avenue site are more firmed up. The motion passed 6-0. III -39- City Council meeting minutes March 19, 1990 6c. TIF districts Resolution modifying and expanding Resolution -29 the Oak Park Village and Excelsior Blvd. redevelopment projects and Highway 7 development district Councilmember Friedman reiterated the comments he had made at the Economic Development Authority meeting in re his opposition to this proposal ; however, he did not want to thwart the rule of the majority. He had discussed the matter with Councilmember Haun who was not present but who was in favor of the proposal . In light of that, he would cast his vote in favor. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 90-29 entitled "Resolution modifying the Highway 7 development district and modifying the development program for the Highway 7 development district, modifying the tax increment plan for tax increment financing District 85-1 , modifying the Excelsior Blvd. redevelopment project and modifying the Excelsior Blvd. redevelopment plan, adopting the tax increment financing plan for the Excelsior Blvd. tax increment financing district, modifying the Oak Park Village redevelopment project and modifying the Oak Park Village redevelopment plan and adopting the tax increment financing plan for the Oak Park Village tax increment financing district." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Hoigaard' s Request to vacate the alley and easement Ordinance No. 1825-90 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Ordinance No. 1825-90 entitled "An ordinance vacating alley and utility easement." The motion passed 6-0. 8b. 3354 Zarthan Disposition of property Resolution 90-30 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Resolution 90-30 entitled "Resolution declaring no City public need for County owned property located at 3354 Zarthan Ave." The motion passed 6-0. -40- City Council meeting minutes March 19, 1990 $c. TIF districts Resolution modifying and expanding the Oak Park Village and Excelsior Blvd. III redevelopment projects and Highway 7 development district Cleo Rasmussen, Miller & Schroeder, addressed the Council . She said the delay was caused by the downgrading of the size of the bond and that number being received that afternoon. In response to a question from Councilmember Friedman, the City Manager said staff had met with Miller & Schroeder on Friday afternoon and when that meeting ended, it was his understanding all was in place for a $4.1 million bond issue. Ms. Rasmussen said she had talked to the trader who said he had two buyers and would be able to finalize in 1-2 days. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to continue the matter to March 22, 1990 at 5:00 p.m. for the EDA and 5:05 for the Council meeting. _ The motion passed 6-0. 8d. Comprehensive Plan Request of the City of St. Louis Park to amend the Comprehensive Plan Councilmember Mitchell noted the Planning Commission had addressed a numberI/ of items he didn't believe the Council had agreed to. He wondered upon what basis the Council was approving the recommendations of the Planning Commission. He did not know if the Council had even discussed, much less approved, these items. The City Manager noted that it was at Council direction that these modifications move quickly along, but certainly they could be referred to a study session. Councilmember Mitchell said it appeared to him that the Planning Commission was setting the direction. He said he would feel more comfortable with these recommendations being discussed at a study session. Mayor Hanks noted items 13 and 14 and asked which body makes the final recommen- dation to the Met Council . The Director of Community Development said that power resides with the Council . The Planning Commission action is merely a recommendation to the Council . Councilmember Battaglia was comfortable voting on each of the recommendations instead of sending it back to a study session. Councilmember Mitchell felt that would prolong the matter as he did have a number of questions and a number of items to discuss. Councilmember Tschida concurred with Councilmember Mitchell . She noted the III Council is in the process of putting together a proposal to ask an urban planner to come in and take a look, particularly at the Hwy. 7 corridor. -41- City Council meeting minutes March 19, 1990 This individual might have ideas never thought of for that area. She would like to see items 13 and 14 deferred until it is clear what is planned and suggestions reviewed. Acknowledging the fact she pushed to get the revisions done by December and that staff had done an excellent job, she was now asking for a delay. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer this matter to the April 23, 1990 study session. The motion passed 5-1 (Councilmember Battaglia opposed) . 8e. Vehicle preemption program Second reading of ordinance Ordinance 1826-90 Councilmember Friedman thought that at the last Council meeting he had succintly outlined the sequence of events regarding installation of the system at Hwy. 7/Wooddale. Now he finds installation is not scheduled. He could find nowhere in staff's report that anyone contacted the State as a followup to his request. He asked why he had not been given answers to the questions he raised, whether staff agreed with him or not. The City Manager said staff felt it needed direction from the Council as a whole as to what it wanted done on Hwy. 7/Wooddale. He noted that at the March 12 study session, uncertainty arose as to the Council 's desire to proceed with public improvements at this time on Hwy. 7 111 Councilmember Friedman's information, from conversations with State staff, was that installation of this signal will not cost any more money, the controllers and arms are available, stored by the State and it's a question of whether someone wants to make the effort to get them installed. He noted that this intersection was included in staff's Oct. 6, 1989 report. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to direct staff to immediately get together with the State and make arrangements for installation of the system at Hwy. 7/Wooddale Ave. The motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Ordinance 1826-90 entitled "Amending Chapter 10 of the St. Louis Park Ordinance Code relating to traffic regulations by adding new Sections 10-206 through 10-213 relating to traffic safety: Traffic signal preemption system." The motion passed 6-0. 8f. Automotive Service Center Minor amendment to approved special permit 111 Joe Strannick, Midas operations manager, addressed Council . Councilmember Mitchell asked how the modification would affect the landscaping. Mr. Strannick said it would cut down on some of the greenery. Councilmember Mitchell said he felt landscaping was very important on Excelsior -42- City Council meeting minutes March 19, 1990 Blvd. and a concrete, metal building was not attractive without sufficient landscaping. �, III The Director displayed an overhead and described the modification. Councilmember Mitchell was interested in seeing what was originally approved. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer this item to April 2, 1990. The motion passed 6-0. 8g. Uninsured Loss Fund First reading of an ordinance It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to set second reading for April 2, 1990 and authorize summary publication. The motion passed 6-0. 8h. Roller Garden First reading of ordinance code amendment increasing license fee Bill Sahly, proprietor of the Roller Garden, addressed Council . He felt it important that Council know he and his wife are hands-on owners and operators of the Roller Garden, not absentee owners. He acknowledged the recent problems experienced by the Roller Garden. He questioned the principal ill of doubling the license fee because of those unfortunate incidents. He said they would continue to work positively with the City in all respects. Councilmember Friedman realized that Mr. Sahly wished only to operate a reputable and law abiding establishment. He acknowledged that this type of establishment can attract an undesirable element to the community. The increase in the license fee does not reflect on Mr. Sahly' s moral integrity. He believed the Council had taken an unarbitrary look at what the additional costs for policing the facility had cost the City and had acted accordingly. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to set second reading for April 2, 1990 and authorize summary publication. Councilmember Tschida said she would oppose this as this fee is disproportionate to other fees being charged. She acknowledged that the Roller Garden had had a lot of problems during the year, but that there was a big improvement of late. The motion passed 5-1 (Councilmember Tschida opposed) . \\ Mayor Hanks noted that should the problems cease, there was the potential 11 for the license fee being reduced next year. 8i . Recycling grant application Hennepin County for 1990 It was moved by Councilmember Meland, seconded by Councilmember Friedman, III to adopt Resolution 90-31 entitled "Resolution authorizing the execution of an agreement between the City of St. Louis Park and Hennepin County covering the furnishing of a recycling program in 1990." The motion passed 6-0. -Al- City Council meeting minutes March 19, 1990 8j. Early retirement incentive program Resolution 90-32 It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, ,to adopt Resolution 90-32 entitled "Resolution authorizing the City's early retirement incentive program." REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Consultant selection Water treatment facilities at Well 4 Councilmember Battaglia felt that if SEH could do the job for less money, , they ought to be selected. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to accept the bid of SEH. The motion failed 3-3 (Councilmembers Battaglia, Friedman, Mitchell favor; Councilmembers Meland, Tschida, Mayor Hanks opposed) . It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to defer the item to April 2, 1990. The motion passed 6-0. 9b. Sale of 3036 Louisiana Ave. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to direct City Mgr. to solicit three bids from realtors, select one and put the listing on the open market. The owner occupied covenant would remain in place. Mayor Hanks had some concerns about how the owner occupied provision would be enforced. The City Attorney addressed the Mayor' s concerns and now the agreement contained a notice provision of any violation and an opportunity to cure. Also included was a one time exemption that the home could be rented for 6 months up to a year to addresses the concern if someone was taken ill and transferred on a job. Councilmember Tschida would opposed the motion as she is opposed to restrictive covenants against renters. The motion passed 5-1 (Councilmember Tschida opposed) . Councilmember Mitchell said he motion was certainly not anti-renter. But it got to the point where this street was almost wholly renter thus its deterioration. He felt the area had been turned around and maintaining owner occupany was one key. 9c. Hennepin West Intervention Contract St. Louis Park and Hennepin West Intervention Project It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to authorize execution of a contract for $20,779 -44- City Council meeting minutes March 19, 1990 , The motion passed 6-0. III 9d. Project 89-02 City Engineer' s project: Watermain Resolution 90-33 looping on south frontage road of T.H. 7 under T.H. 100 Councilmember Friedman asked if this project would have been necessary if Cityspace had not gone in. The Director of Public Works said in order for anything to be built there, the project would have been necessary. He said it could have remained as was were the elevators still in place. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Resolution 90-33 entitled "Resolution accepting City Engineer's project establishing Project 89-02." The motion passed 5-1 (Councilmember Friedman opposed) . 9e. Yard waste contract addendum It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to authorize execution of the addendum Councilmember Battaglia noted this allows residential yard waste to be collected at no additional charge to residents. Other alternatives will have tote ex- plored in the future. The motion passed 6-0. 111 9f. Project 85-33 City Engineer's report: Stormwater holding Resolution 90-34 pond at W. 24th St. and Webster Ave. Councilmember Friedman wondered why, if this has been a problem for 10-15 years, public funds are being expended for this project -- who is the benefactor of the project. The Director said strictly from a water runoff situation would be all the properties within the drainage area including the businesses and the residential properties along W. 25th, Vernon and the properties back into the drainage area. Mayor Hanks certainly hoped fencing or some other safety measure is being considered. The Director said if that were a concern of Council and the neighborhood, certainly fencing could be constructed as it is in various other locations throughout the City. Councilmember Friedman asked if the City does not have all the necessary land, how can costs be determined. The Director said Park Ridge has shown an interest in the project though 111 they are slow in making the necessary dedication. It was moved by Councilmember Battaglia, to adopt Resolution 90-44 entitled "Resolution accepting City Engineer' s -45- City Council meeting minutes March 19, 1990 111 report, establishing Project No. 85-33" contingent on Park Ridge dedicating land for the project. Councilmember Meland felt the leverage the City would have is that if Park Ridge chooses not to cooperate, their assessment rises. Councilmember Battaglia changed his motion to set the public hearing for April 16. Councilmember Meland seconded. The motion passed 6-0. 9g. BOZA denial of variance Mr. Bury, applicant, addressed Council . Mr. Bury said he had received a variance to build with the support of his neighbors. He did not have the wherewithal ) to proceed; he had not been told that the variance would lapse. He was looking for a variance to construct a house on a 50-ft. lot taking 10 ft. from his contingent property. Councilmember Meland said Mr. Bury had the support of his neighbors and that he had received calls from three of the neighbors indicating their support of his request. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to authorize preparation of a resolution of approval for the variance. The motion passed 5-1 (Mayor Hanks opposed) . Mayor Hanks was concerned about the parking for the church. Mr. Bury felt the neighbors would rather see a house on the property than left for parking. 9h. Klodt, Inc. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to defer this item to April 2, 1990. The motion passed 6-0. 9i . Ford Road neighborhood meeting Report filed by consent 9j. Housing Authority minutes Feb. 13 9k. Board of Zoning Appeals minutes Feb. 22 Items 9j and 9k ordered filed by consent 91 . Board of Equalization It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to set the Board of Equalization 111 meeting for April 2, 1990 at 7:25 p.m. The motion passed 6-0. -46- City Council meeting minutes March 19, 1990 , 9m. Planning Commission minutes March 7 111 9n. February financial report Items 9m and 9n ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to appoint Enrique Baltierra to the Urban Hennepin County Citizens Advisory Committee. The motion passed 6-0. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to ap- point Darcel Lewis to the Human Rights Commission. The motion passed 6-0. NEW BUSINESS lla. Southwest Mutual Aid Assoc. It was moved by Councilmember Resolution 90-35 Meland, seconded by Councilmember Tschida, to adopt Resolution 90-35 entitled "A resolution approving amended agreement for joint and cooperative use of fire personnel and equipment and designating a representative to the Southwest Fire League." The motion passed 5-0. lib. Pulltabs: Lions' Club Application of Lions Club of St. Louis Park to sell pulltabs at the Waiting Station Restaurant (Reiss) It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve and waive 60-day waiting period. The motion passed 5-1 (Councilmember Mitchell opposed) . llc. Bid tab: Floor hoists By consent, reject all bids and authorize staff to readvertise for bids lld. Reconditioning Wells 11 and 16 By consent, motion to designate Layne Minnesota as lowest responsible bidder and authorize execution of a contract for $41 ,402. lle. Food shelf Councilmember Friedman asked that food shelf collection boxes be available year round in City Hall rather than just during the holidays. He encouraged the Council and residents attending Council meetings to bring an offering along. III -47- City Council meeting minutes March 19, 1990 - Ill MISCELLANEOUS 12a. Damage claims Susan Okrent Mohannad Ansari By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks noted he had the honor of presenting City pins and proclamations to the girls high school basketball champions. 12c. Communications from City Manager He reminded the Council and those present of the EDA meeting at 5:00 p.m. on Thurs. , March 22 and the Council meeting immediately thereafter. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve the list of verified claims prepared by the Director of Finance dated March 19, 1990 in the amount of $288,097.88 for vendor claims and $18,527.34 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 111 Councilmember Friedman asked as to who the United Bank of Bavaria was. The City Manager said he would check that out. 14. Adjournment The meeting adjourned at 10:20 p.m. *-- , // 44,„_4,,--- 44'- Lyle Hanks, Mayor 0,0Y i6044,--(i) ecor.ing ecretary President Meland reconvened the Economic Development Authority. It was moved by Councilmember Meland, seconded by Councilmember Battaglia that the Authority meet on Thursday, March 22, 1990 at 5:00 p.m. Motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Hanks that the City Council meet at 5:05 p.m. on Thurs. , March 22, 1990. The motion passed 6-0. III -48-