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HomeMy WebLinkAbout1990/06/18 - ADMIN - Minutes - City Council - Regular MINUTES ST. LOUIS PARK CITY COUNCIL June 18, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Keith Meland. 2. Presentations - None 3. Roll call The following members were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Larry Mitchell , Jane Tschida and Keith Meland. Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 4. Approval of minutes - June 4, 1990 It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve. The motion passed 5-0-1 (Councilmember Tschida abstained) . • It was moved by Councilmember Tschida, seconded by Councilmember Haun, to approve the minutes of the June 11 , 1990 long-range planning session with the following addition: Item 4, Refuse Rate Containment, Councilmember Battaglia asked the minutes to clarify he wanted the City to set a target goal to increase the amount of garbage that is being diverted and what steps would have to be taken to do that. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the consent agenda. The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the agenda for June 18. The motion passed 6-0. PUBLIC HEARINGS 6a. Liquor license transfer CRM dba Dow Jones The City Manager referenced a memo before Council which indicated that the sewer availability fee charged to the City for this property is outstand- ing. There was a question as to who is responsible, the landlord or tenant. No response has been received to a letter sent 3 weeks ago. He thought this information might affect the Council ' s action. IIIIThere being no one present wishing to speak, the Mayor Pro Tem closed the hearing with the right of Council to thereafter reopen and continue it at a future date. -98- City Council meeting minutes June 18, 1990 It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the transfer subject to resolution of the SAC charge. The motion passed 6-0. 6b. Park Nicollet Medical Center Diagnostic imaging center Resolution 90-76 Joanne Murphy, 4921 Vallacher Ave. , representing the neighborhood said there was no opposition to this permit. There being no one further wishing to speak, the Mayor Pro Tem 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 Friedman, to adopt Resolution 90-76 entitled "A resolution granting special permit under Section 14-124.101 of the St. Louis Park Ordinance Code relating to zoning to permit diagnostic imaging center for property zoned PUD, Planned Unit Development, located at 4951 Excelsior Blvd." The motion passed 6-0. 6c. Oriole Oaks Request of Rick Bateson for preliminary plat approval for property east of Hwy. 169 and south of W. 23rd St. Fredrick Porter, 9255 W. 23rd and Conrad Posz, 9307 W. 23rd St. , addressed Council to outline the neighborhood's objection to the proposed project. Rick Bateson, the developer, addressed Council to illustrate the changes in this new proposal . He was asking for a continuance for one month in order to explain his new plan to the neighborhood. Councilmember Mitchell asked the City Attorney if the Council could stipulate that this plan or a similar plan would not be reviewed by Council in the future should the present plan be denied. The City Attorney said he believed Council had that discretion. Councilmember Battaglia preferred that the developer and neighborhood get together to try to arrive at a mutually acceptable solution. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to authorize preparation of a resolution of denial with findings and return to Council on July 16, and that the developer and neighborhood meet. The motion passed 6-0. -99- City Council meeting minutes June 18, 1990 PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Fairview detoxification Resolution in support of continued County funding of the Fairview Detoxifi- cation Center It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to approve the resolution. Councilmember Battaglia requested information on how much this is used. He didn't understand the rationale for the County cutting funding and our desire that it remain open. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to defer the item to July 2, 1990. The motion passed 6-0. 8b. Legislative section of Code Ordinance updating Ordinance 1831-90 It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to adopt Ordinance 1831-90 entitled "Chapter 2: Legislative Body." The motion passed 6-0. 8c. Consent agenda Resolution governing use of consent agenda It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution 90-77 entitled "Resolution establishing procedures for use of consent agenda." The motion passed 6-0. 8d. Vacation Second reading of ordinance Ordinance No. 1832-90 re vacation of a portion of Wooddale Ave. It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to adopt Resolution 1832-90 entitled "An ordinance vacating a portion of Wooddale Ave. right of way, 3700 So. Highway 100." The motion passed 6-0. 8e. Private purpose bonds Request of City to issue private Resolution 90-78 purpose bonds; revision of hearing Councilmember Mitchell had questions: Who represents the City' s interests? Will the property tax issue be addressed? -100- City.Council meeting minutes June 18, 1990 The City Manager said the City would be represented by the firm of Lindquist and Vennum. Attorney's costs will be covered by the borrower. Councilmember Friedman was concerned that if the bonds don't go through, that the City be reimbursed for any fees incurred. If the contractual relationship is between the City and Lindquist & Vennum, he felt the City was truly liable for all fees. Rod Packinin, representing Long Term Care Foundation, the borrower of the bonds, addressed Council . He said the Long Term Care Foundation would be reimbursing the City for all expenses. He said other cities had set up an escrow fund that is set aside to reimburse a city for expenses they incur while deliberating issuance of the bonds. They were amenable to making deposits in such an account. In answer to ` a question from Councilmember Friedman, the City Attorney said this is not a conventional bond transaction. Bond counsel is generally paid out of the proceeds of a transaction. He suggested adding language to the resolution regarding the escrow fund. Councilmember Mitchell asked about the tax issue. The City Attorney said he believed this was on the City Manager's list of items to discuss with Mr. Lebedoff of Lindquist & Vennum. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to adopt Resolution 90-78 entitled "Resolution relating to a project on behalf of the Long Term Care Foundation under the Minnesota Municipal Industrial Development Act, calling for a public hearing thereon" as amended by the City Attorney. The motion passed 6-0. 8f. 37th and Dakota Authorization to sell lots Councilmember Tschida had no problem with selling the lots. She asked for clarification of what the housing strategy plan was. The City Manager said the Council has been on record for some three years indicating its intent for this land to be redeveloped as single family residential . This position was reaffirmed last Fall and the neighborhood was so informed. Councilmember Tschida referenced the Notice of Sale which indicated single family homes must be owner occupied for a period of 10 years and an agreement to that effect be signed. She suggested striking the words ". . .that shall be owner occupied for a period of ten years and sign an agreement to that effect." She opposes anything restricting rental housing, believing it to be discriminatory. She made this as a motion, which was seconded by Councilmember Haun. Councilmember Haun noted there was no specific timeframe as to the development of the properties. He suggested adding construction must commence within 18 months. -101- City Council meeting minutes June 18, 1990 Councilmember Mitchell wondered what was the City's recourse should the 18 months pass and no construction has started. The City Attorney said he was not prepared to answer but would have an answer on July 2. Councilmember Mitchell could not support the deletion of the language as he is a strong advocate of owner occupied housing believing this to be a shrinking concept in the years ahead. / The motion failed 2-4 (Councilmembers Battaglia, Friedman, Meland and Mitchell opposed) . It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to set second reading for July 2, 1990 including a condition that construction commence within 18 months. The motion passed 5-1 (Councilmember Tschida opposed) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic study Update on enactment of parking restrict- Resolution 90-79 ions onW. 41st St. between Natchez and Quentin By consent, adopt Resolution 90-79 entitled "Resolution authorizing parking restrictions along W. 41st St. between Natchez and Quentin Avenues 9b. Approval of Capital Improvement Program Councilmember Mitchell was under the impression that his request was that Hwy. 7 would be isolated and the rest of the issues that needed to be addressed this year (1990) and the others would be set aside for the future. The motion in staff's report did not square with the Council 's discussions on June 4. It was moved by Councilmember Mitchell to direct staff to come up with a CIP for 1990 only and return to Council on July 2. Councilmember Friedman seconded. Councilmember Friedman would like to see the City Manager and perhaps Councilmember Mitchell sit down and map out a program for the ensuing years that would better address the CIP process. Mayor Pro Tem noted that when the first CIP was adopted, the process for development was incorporated in a resolution or ordinance. He suggested that resolution/ordinance be brought back for discussion/repeal . Councilmember Haun felt if the CIP process was going to be changed, Council should provide staff with ground rules upon which to proceed. Councilmember Mitchell responded to comments relative to holding the process up. He said each project comes back to Council anyway for approval , so he wasn't quite sure what a holdup really meant. -102- City Council meeting minutes June 18, 1990 Councilmember Mitchell withdrew his motion. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the 1990 section of the Capital Improvement Program only and that staff provide Council with a copy of the ordinance/resolution referred to by Mayor Pro Tem Meland and assign to a future study session. The motion passed 6-0. 9c. Yosemite/Brookside bridge Neighborhood meeting comments and request Resolution 90-80 for variance It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to adopt Resolution 90-80 entitled "Resolution requesting variance from State of Minnesota regulations to allow reconstruction of the Brookside Ave./Yosemite Ave. bridge over Minnehaha Creek to a 20-mile per hour design speed." The motion passed 90-80 9d. Update: Save Cedar Lake Park It was moved by Councilmember Fried- man, seconded by Councilmember Tschida to receive report for filing. The motion passed 6-0. 9e. Recommendations from Charter Commission It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , that the recommendations be sent back to the Charter Commission including the proposed amendment from the City Attorney. Also that the commission be provided with minutes of the City Council meeting. The motion passed 6-0. 9f. Planning Commission minutes June 6 9g. May financial statement 9h. Housing Authority minutes May 8 By consent, items 9f, 9g, 9h ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to appoint Susan Sanger to the Planning Commission. The motion passed unanimously. 10b. City contribution to Community Education budget / ' -103- City Council meeting minutes June 18, 1990 Councilmember Mitchell referenced the joint powers agreement between the City and Community Ed saying he had discovered a number of items he was not aware of and that probably should be discussed by both bodies. He was suggesting a joint meeting of the Council and School Board to re- view the joint powers agreement and continue the matter to July 16. He so moved and Councilmember Friedman seconded. The motion passed 6-0. 10c. Westwood Hills Nature Center Disposition of a portion Councilmember Mitchell was not aware of the income flow from the properties near Westwood. He was told it is reported annually in the Park Improvement fund as revenue. Both houses are connected to City water and sewer. He sought more information re the caretakers - under contract? City employees? where are they coming from and why are they serving as interns? It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to await a report from the Parks and Recreation Commission and put this on an upcoming study session. The motion passed 6-0. Councilmember Battaglia asked if there were a proposal re this property from a Mr. Nagel . The City Manager said earlier this year he had requested a statement from the City on "disposition" of the property which could mean sale or it could mean usage. Mr. Nagel has met with the City Manager. He does have an asking price for the property. He currently is interested in the City's intent and its position. NEW BUSINESS lla. Bid tabulation Seal coat materials By consent, designate Northern States Asphalt and Dresser Trap Rock as lowest responsible bidders and authorize execution of contracts with those two firms for $39,020 and $36,450, respectively. llb. Hearing Society/KC' s pulltab/bingo license renewal By consent, motion to renew MISCELLANEOUS 12a. Damage claims C. J. LaVelleany Gerald Odermann By consent, refer to City Clerk and City Manager 12b. Communications from Mayor Pro Tem None 104- City Council meeting minutes June 18, 1990 12c. Communications from City Manager July meeting schedule The following meetings were established: Economic Development Authority - July 2, July 16 City Council - July 2, July 16 Long-range planning session - July 9 to be preceded by a joint meeting with the School Board if feasible. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims By consent claims list prepared by Director of Finance, dated June 18, 1990 in the following amounts: vendors - $324,384.57; payroll - $20,257.87 14. Adjournment The meeting was adjourned at 10:05 on a motion by Councilmember Tschida, seconded by Councilmember Friedman, and sassed 6-0. Ma or Pro Tem Pat AL(11\ lecording ecretary Illr -105-