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HomeMy WebLinkAbout1990/06/04 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL ST. LOUIS PARK, MINNESOTA June 4, 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 members were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Keith Meland, Larry Mitchell and Lyle Hanks. Also present were the City Manager, Director of Public Works, Director of Community Development and City Attorney. 3. Presentations None. 4. Approval of minutes Joint Council/School Board minutes of May 21 - It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to approve. The motion passed 4-0-2 111 (Councilmembers Friedman and Meland abstained) . City Council meeting May 21 - It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve with the following correction: on pg. 85, 2nd paragraph, change "to" to "no." The motion passed 6-0. City Council study session May 22 - It was moved by Councilmember Mitchell , seconded by Councilmember Haun to approve. The motion passed 4-0-2 (Councilmembers Meland, Battaglia abstained) . 5. Approval of agenda It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve the consent agenda with the removal of lld. The motion passed 6-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the agenda. The motion passed 6-0. PUBLIC HEARINGS 6a. Vacation Request of City of St. Louis Park to vacate a portion of right of way of Wooddale Ave. at northeast corner of Wooddale and Oxford. 111 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 Meland, seconded by Councilmember Mitchell , to approve first reading and set second for June 18, 1990. The motion passed 5-0-1 (Councilmember Haun abstained) . -89- City Council meeting minutes June 4, 1990 REQUESTS, PETITIONS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Police Relief Pension Fund It was moved by Councilmember Battaglia, Resolution 90-68 seconded by Councilmember Meland, to adopt Resolution 90-68 entitled Resolution modifying the benefits of St. Louis Park Police Relief Association." The motion passed 6-0. 8b. Roller skating rinks Second reading of ordinance Ordinance No. 1829-90 Ellen Beaulieu, New Brighton, spoke in favor of longer hours for the Roller Garden, as did Sharon Bohrer, 4305 Irving Ave. , Mpls. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Ordinance 1829-90 entitled "An ordinance amending the St. Louis Park Municipal Code related to the regulation and licensing of roller skating rinks: Amending Section 13-465(3) and adding Section 13-465(4) ." The motion passed 6-0. 8c. Fireworks at Aquila Park By consent, adopt Resolution 90-69 Resolution 90-69 entitled "Resolution granting temporary use of City property (Aquila Park) for July 4 fireworks display." 8d. Methodist Hospital Request for minor amendment to special Resolution 90-70 permit to allow modifications to cooling tower construction It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Resolution 90-70 entitled "A resolution rescinding Resolution 90-37 adopted on April 2 and granting special permit under Sections 14-123.100(2) and 14-141 (3) of the St. Louis Park Ordinance Code relating to zoning to allow construction of cooling towers and miscellaneous exterior modifications to the existing building at 6500 Excelsior Blvd." The motion passed 6-0. 8e. Hoigaard's Final plat approval Resolution 90-71 It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 90-71 entitled "Resolution giving approval for final plat of Hoigaard Addition." The motion passed 6-0. • -90- City Council meeting minutes June 4, 1990 111 8f. Polo of Minnesota Request for special permit to permit Resolution 90-72 Class I Restaurant (resolution corrects legal description of previous resolution) It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 90-72 entitled "A resolution rescinding Resolution 90-47 and adopting a resolution correcting a legal description to grant a special permit under Section 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to permit a Class I restaurant for property zoned B-2, general business district, located at 9920 Wayzata Blvd." The motion passed 6-0. 8g. Legislative section of Code First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Mitchell to set second reading for June 18 and authorize summary publication. The motion passed 6-0. 8h. Plastics food packaging Second reading of ordinance Ordinance No. 1830-90 It was moved by Councilmember Friedman, seconded by Councilmember Mitchell to adopt Ordinance 1839-90 entitled "Ordinance amending Section 9-320 of Chapter 3 of the St. Louis Park Ordinance Code relating to garbage collection by changing the effective date of Section 9-312. Prohibitions, from July 1 , 1990 to July 1, 1991 ." Councilmember Friedman asked the _minutes to reflect that staff will be proceeding to draw up plans to inform businesses which will be affected by this ordinance, and that within six months of its implementation there be a more direct statement to all affected businesses. The motion passed unanimously. 8i . Private purpose bonds Request to ,set public hearing Resolution 90-73 Dale Thompson, Health Dimensions, addressed . the Council with information on what this item was about. The public hearing}' or the consideration of a resolution authorizing tax exempt financing for the acquisition and improvement of the St. Louis Park Plaza Nursing Home, one of the 18 facilities in the nursing home group represented by Health Dimensions. Councilmember Friedman asked to see background materials on the applicant. Also who is paying any costs from a legal standpoint. The City Attorney said his office would probably be limited to reviewing the joint powers agreement and indemnification. He said that ordinarily bond proceeds pay the legal fees because the City is not the issuer in this case. Mr. Thompson said his organization would be paying any City costs involved. -91- City Council meeting minutes '• June 4, 1990- _ - _a It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to adopt Resolution 90-73, "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" with the addition relative to any costs to the City for this would be fully reimbursed by the applicants. Councilmember Mitchell asked about the property tax status. Mr. Thompson said non-profit nursing homes in Minnesota usually do not pay property taxes. Long Term Care Foundation does intend to pay property taxes or in lieu of that should the City find it has a problem issuing a tax statement to a non-profit entity, they would be willing to make other payments. The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Traffic study 422 Stop signs on W. 31st/Edgewood Resolution 90-74 By consent, adopt Resolution 90-74 entitled "Resolution authorizing installation of traffic control signs at the intersection of W. 31st St. at Edgewood Ave." 9b. Traffic study 421 Stop signs on W. 32nd/Kentucky Resolution 90-75 By consent, adopt Resolution 90-75 entitled "Resolution authorizing installation of traffic control signs at the intersection of W. 32nd/Kentucky Ave." 9c. Facilities study Police, Fire, Inspections Councilmember Friedman felt the RFP was too comprehensive as opposed to a concept plan. The City Manager said staff was asking the Council for the go-ahead to send out RFPs; thereafter, a firm will be selected who would subsequently do what the RFP requests. They will be submitting their qualifications, price, etc. rather than presenting a design based on the RFP. Councilmember Friedman would also like to see from respondents copies or renderings of things they have done previously along these .lines. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to direct that staff proceed with distribution of RFPs. The motion passed 6-0. 9d. 36th/Wyoming stormwater drainage study It was moved by Councilmember Meland, seconded by Councilmember Friedman, to approve the recommendations contained in staff's report. In response to a question re who is going to pay, Councilmember Meland said it was the City's responsibility for not addressing the question at the time Knollwood Mall was redeveloped. -92- City_Council meeting minutes ""' June 4, 1990 ' - - In answer to a question from Councilmember Battaglia, the City Attorney said they had not- looked at the issue of liability so he did not have an opinion. Councilmember Battaglia asked that as part of the motion the City Attorney be directed to investigate responsibility for funding of this project. The motion passed 6-0. 9e. Reconstruction: Hwy. 7/Louisiana It was moved by Councilmember Meland, seconded by Councilmember Haun, to schedule reconstruction for 1991 . Councilmember Haun hoped that the City did indeed move on this project in 1991 because promises were made to residents and businesses in that area. Councilmember Meland concurred, noted that improvement of this intersection would go a long ways toward relieving major traffic problems in neighborhoods on both sides of Hwy. 7. In answer to a question re timeframe, the Director of Public Works said the ' project's scope would certainly have to reflect the direction of the Council as it relates to the findings of the urban planner. He said MnDOT reaction to postponement of the project to 1991 was received favorably. In answer to a question from Councilmember Mitchell as to whether this is III a desired project or not, the City Manager said that the Council need n realize that this project has been discussed over the past few months/n .o oes call for an at-grade crossing which has been the plan all along and has not changed. He wanted Council to understand that if the project is approved, design questions are not open. Councilmember Mitchell was somewhat troubled because maybe the City does not want what the State has designed. He felt the State design lacked definition. Mayor Hanks asked if the motion could be consideration only of the at-grade crossing with the frontage roads not considered until an urban planner has researched the intersection. The Director said that to the best of his understanding, MnDOT accepts that view. Councilmember Mitchell wondered at what point the City is committed to the State. He was comfortable with the intersection; beyond that he was uneasy. The Director believed that MnDOT was aware of Council 's discussions re the frontage roads and that they were open to final reconciliation of this issue. He did not believe they felt the frontage roads as shown on the drawing were etched in stone. Councilmember Battaglia asked when the City had to commit to MnDOT. The City Manager said the Council was being asked to approve the project for 1991 construct- ion; secondly, the Council is, in effect, authorizing staff to seek funding. Council is not being asked to authorize signature of any inter-governmental agreements nor is a construction contract being awarded. -93- . City Council meeting minutes June 4, 1990 The Director of Public Works said staff could take the plans and redesign the frontage road system to meet City needs and resubmit the plans for StateIli approval - that is an accepted procedure. Councilmember Battaglia was unclear as to why the whole project could not be held up until input is received from the urban planner. The City Manager responded in order to get 1991 funding, the City has to apply within the next two months. The motion passed 5-1 (Councilmember Friedman opposed) . 9f. TH 7 frontage road Improvements in vicinity of Wooddale Councilmember Friedman asked who would pay for the proposed right on/right off access. The Director of Public Works said the City and redeveloper. Councilmember Friedman was concerned that if this proposal were a short-term solution costing some $20,000, shared by the City and developer, what was the long-term solution to be and who would pay for it. He desired an agreement wherein the developer was fully aware of cost sharing. Councilmember Haun , noting this • roject was approved before he came on the Council , asked what responsibility/the City'Sin re Cityscape relative to drainage, egress/ingress, etc. The Director said the developer's expectation re access to and from Cityscape was from the frontage road off of Wooddale in proximity to the Wooddale/Hwy. 7 intersection. The actual access point is 150 ft. south of where it now exists. It was Councilmember Mitchell 's recollection that the developer cited the CIP and was under the assumption CIP projects being completed, therefore meeting his access concerns. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to direct staff to negotiate the construction of a right on/right off access to eastbound Hwy. 7 and schedule other frontage road improvements (except watermain extension) for 1991 . The motion passed 6-0. 9g. 32/Oregon Stormwater. ponding/utility improvements By consent, ordered filed 9h. Community Education budget City contribution It was moved by Councilmember Meland, seconded by Councilmember Battaglia to approve the City's contribution of $192,383 to the Community Education budget for FY 91 . Councilmember Mitchell opposed the motion and had a number of concerns. He noted a Community Ed budget surplus of $618,000 which seemed excessive to him. HeIII noted the School Board reduced its contribution last year by 31%. He felt the Council ' s input was limited. Basically, it was the excessively large fund balance that was upsetting to him. -94- . City Council meeting minutes June 4, 1990 Bridget Gothberg, Community Ed Director, addressed Council to explain the budget. She said they were planning a 3-4 year phase out of the fund balance through scaling down of certain programs, limit of fee increases and increase of out reach program. Councilmember Battaglia asked if Community Ed had ever thought about becoming self-sustaining. Ms. Gothberg said not in the two years she had been in St. Louis Park. Councilmember Battaglia withdrew his second. He felt the whole budget needed to be looked at a bit closer. Councilmember Haun seconded for discussion. Mayor Hanks asked if the increase would have occurred if the school had not had cost containment. Did this increase the surplus. Ms. Gothberg said that was correct, that last year the District started its drawndown against the balance. Mayor Hanks said the City's budget was already committed to this and when it ought to be examined is when the City's budget process is undertaken. He could not support taking no action oh this item. Councilmember Meland wanted it known that the cost containment occurred last year after the budgeted amount had been approved. He pointed out that the $192,383 was dedicated in three areas, programs that were initially initiated III by the City and then subsequently transferred to the Community Ed program. About half goes to the Senior Program; $47,000 is a direct contribution by the City to the community schools program used for general programs in Community Education; the remainder goes directly to the youth activities program. A small amount goes to the early family and childhood education program. When a levy became available to fund that program, that funding was transferred to the Senior Program. He felt the Council had to be very definite about where the cut was to be made. Councilmember Mitchell did not have the feeling that the Council could specify where cuts were to be made; that making cuts rested with Community Education. He thought the whole issue should be more thoroughly reviewed. Councilmember Friedman felt there was enough in reserve if the City did not contribute . He agreed with Councilmember Mitchell in that the City will participate by giving funds, but the School District in controlling these funds has to come back with a logical program that can be logically explained. Mayor Hanks would not support changing this year's contribution as a commitment had already been made; however, he would be in favor of a good, hard look as the 1991 budget is being prepared. The motion failed 3-3 (Battaglia, Friedman, Mitchell opposed; Haun, Meland, Hanks in favor) . illIt was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to reduce the City's contribution to $150,000. The motion failed 3-3 (Battaglia, Friedman, Mitchell in favor; Haun, Meland, Hanks opposed) . -95- City Council meeting minutes June 4, 1990 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer the item to June 18, 1990. The motion passed 6-0. 91 . Access control acquisition W. Lake St./Hwy. 7 It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to authorize payment of $6,600 to Reiss for access control acquisition together with $1,100 for temporary construction easement along W. Lake St. The motion passed 6-0. 9j. Planning Commission minutes May 16 9k. Cable TV Commission minutes May 24 By consent, items 9j and 9k received for filing. UNFINISHED BUSINESS 10a. Boards and commissions It was the consensus to interview any candidates on June 18. Also there is one opening on the Fire Civil Service Commission. NEW BUSINESSII lla. Pulltabs at Jennings and Gippers Children's Heart Fund Jim Ditmer, gambling manager for Children's Heart Fund, was present. He said they currently had four locations. There being no motion, no action was taken. lib. Humane Society Renewal of pulltab license By consent, motion to waive 60-day waiting period and approve. llc. Bid tabulation Watermain looping, Hwy. 7 under Hwy. 100 By consent, designate Norex, Inc. as lowest responsible bidder and authorize execution of a contract for $72,000.60. lld. Bid tabulation Handicap trail at Westwood Hills Environ- mental Education Center. In answer to a question from Councilmember Friedman, clarification was provided of the bid tabulation by the Director of Parks and Recreation. Councilmember Friedman and seconded by It was moved by /Councilmember Meland, to designate Hartman Excavating and 111 authorize execution of a contract for $100,255.09. The motion passed 6-0. lle. Pulltab application Air Force Association -96- City Council meeting minutes June 4, 1990 Gary Diamond, Vice-president of the Air Force Association, spoke on behalf of its application. He passed out information on the association and said they had two operations in Minneapolis with no problems. There being no motion, there was no action. MISCELLANEOUS 12a. Damage claims Park Bus Company By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks said a Party in the Park meeting would be held on June 5 at 6:30 p.m. 12c. Communications from City Manager He noted fireworks would be held on _ July 4 in Aquila Park CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims prepared by the Director of Finance dated June 4, 1990 approved: $632,725.97 for vendor claims and $19,244.85 for payroll claims. 14. Adjournment The meeting adjourned at 9:48 p.m. t\41-74' ;/,9/ge Mayor ecor ing Secretary -97-