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HomeMy WebLinkAbout1990/07/16 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 16, 1990 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations None. 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 Public Works and Director of Community Development and the Planning Coordinator. 4. Approval of minutes It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the minutes of the July 2, 1990 meeting with a clarification. Councilmember Friedman asked that item lla. Consultant selection reflect that the City Manager be directed to work with the consultant, Barton Ashmam, to come back with the contract. The motion passed 4-0 (Councilmembers Battaglia, Mitchell , Meland abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Meland to approve the agenda with the addition of 10b. Community Education budget. The motion passed 7-0. PUBLIC HEARINGS 6a. Methodist Hospital Request for special permit to permit construction of a 4-story parking ramp at 6500 Excelsior Blvd. -111- City Council meeting minutes July 16, 1990 David Sellergren, representing Methodist Hospital , gave a presentation relative to their request for a parking ramp. Marcella Soderbier, 3930 Dakota Ave. She wanted to make it clear that Methodist's and the neighborhood's interests will be best served by constructing the parking ramp on the west side of the parking lot. Randy Manthey, 3979 Dakota, spoke on behalf of the neighborhood and its objections to the ramp. He also presented the neighborhood's alternative plan for the proposal . The resident of 3920 Brunswick Ave. spoke in favor of the special permit as requested by Methodist. Mr. Sellergren offered a short rebuttal to Mr. Manthey's comments. Councilmember Battaglia asked the neighborhood if the ramp were moved, would they be willing to accept the 5-story office building. Mr. Manthey felt that with some architectural amenities such a structure would be in far better keeping with the neighborhood than a parking ramp. Councilmember Mitchell asked if the ramp were moved to the west, would the neighborhood be willing to have it higher. Mr. Manthey responded yes, a 5-level ramp would be acceptable. 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. As Second Ward Councilmember, Mr. Haun presented a brief background of his involvement with both the neighborhood and Methodist Hospital . Councilmember Tschida, alluding to flood storage concerns, asked if anyone knew where additional storage for water would be located. Also she questioned if the property could indeed hold two additional structures from a flood water storage aspect. Mr. Rye, Planning Coordinator, said there was not a firm estimate at this time of how much storage might be available. He said some type of legally binding document would be required to tie the development of the storage wherever it might be to the hospital proper. Councilmember Battaglia felt it was not the Council 's or the neighborhood's place to be designing a site plan for the hospital campus. He said he had not really seen any justification as to why the parking ramp can't be moved to the northwest and this part of the plan remained a problem for him. Councilmember Meland asked the City Attorney if it were not true that Methodist's proposal met all tests of the zoning ordinance and Comprehensive Plan but was not requesting any variances. The City Attorney said they were not requesting a variance(s) , and he briefly outlined the law governing the Council 's decision. In essence, neighborhood opposition, alone, is not enough to deny a special permit under the decisions of the Minn. Supreme Court. However, judicial review can set aside a city's decision in those rare instances where there is no rational basis to support a city' s decision. -112- City Council meeting minutes July 16, 1990 It was moved by Councilmember Haun, seconded by Councilmember Friedman, to direct staff to prepare a resolution of denial to be returned for Council ' s consideration on August 6, 1990 and read such a resolution that he had asked be prepared for this evening. Mr. Sellergren asked if the Council might consider freeing up the so-called courtyard infill so that the hospital can move on that phase if indeed the whole site plan needs to be revised. Staff felt it would want to review that request in more detail before committing itself. Mayor Hanks had a major concern should flooding occur if an office building were on the westerly site as opposed to a parking ramp. He also was shocked to learn from some of the testimony that evening that trees on the property were to be removed. This runs counter to Council ' s ongoing concerns over land- scaping. Councilmember Friedman suggested it would be to everyone's best interest if instead of trying to prove points, the hospital and neighborhood work together for resolution of this matter. The motion passed 7-0. 6b. Water treatment facility Request of the City of St. Louis Park Resolution 90-89 for a special permit to allow a water treatment facility at 7180 W. Lake St. 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 Tschida, to adopt Resolution 90-89 entitled "A resolution granting special permit under Section 14-123. 100(2) of the St. Louis Park ordinance code relating to zoning to permit a water treatment facility for property zoned I-1 , industrial district and F-2 Floodplain district, located at 7180 W. Lake St." The motion passed 7-0. 6c. Timothy Evangelical Lutheran Church Preliminary plat approval at 7814 Resolution 90-90 Minnetonka Blvd. Councilmember Meland said he had had several calls from residents in the area. The questions pertained to future development of their building; possibility of constructing a fence to keep people' from going into the street at other than designated area; the proposed orientation of the proposed building; and does the easement entail any construction in the street. Eldon Morrison, architect, displayed transparencies and explained what was intended. 111 -113- City Council meeting minutes July 16, 1990 Staff responded to Councilmember Meland's question about the easement. Mr. Hagen said the request had been sent to NSP and their response was they wanted a 10 ft. easement all around the property on all right-of-ways. They did Illr not indicate whether they planned to make any changes to any electrical lines in the area. Councilmember Meland asked if the preliminary plat met all City requirements. Mr. Hagen said it did. Mr. Meland asked if variances were required. Mr. Hagen responded no. There being no further questions, the Mayor closed the hearing with the right of Council to thereafter reopan and continue it at a future date. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Resolution 90-90 entitled "Resolution giving approval for preliminary plat of Timothy Lutheran." The motion passed 7-0. 6d. Request of VFW Vacation of a portion of Webster Ave. The City Manager explained the action of the Planning Commission was negative based on a finding of public need for the rights-of-way to the alley and Webster Ave. The Planning Commission was positive, however, on permitting the VFW continued use of the right-of-way subject to an agreement with the City. William Crowder, of the VFW, addressed Council to read a letter he sent to III the City in February 1990 relative to this request. s 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 Mitchell , seconded by Councilmember Tschida, to deny the VFW's request but to direct staff to prepare an agreement between the City and the VFW to allow the VFW to use the property for parking. The motion passed 7-0. 6e. Request of Klodt, Inc. Zoning district change from I-1 General Industry to R-B Residential business at 4400 Park Glen Rd. 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 Haun, seconded by Councilmember Tschida, to approve first reading, set second reading for August 6, 1990 and authorize summary publication. Councilmember Battaglia expressed his opposition to changes to the Comprehensive Plan and Zoning Ordinance feeling this was not in the best interests of the City's long-range planning. The motion passed 6-1 (Councilmember Battaglia opposed) . -114- City Council meeting minutes July 16, 1990 6f. Request of Long Term Care Foundation for issuance of nursing home facilities revenue bonds Resolutions 90-91 , 90-92 Dale Thompson, president of Health Dimensions representing the Long Term Care Foundation, addressed Council . He gave a brief presentation of the request for issuance of nursing home facilities revenue bonds. The St. Louis Park Plaza facility is one of 18 Beverly nursing homes in the Twin Cities that are in the process of hopefully being sold to the Long Term Care Foundation, a non-profit offshoot of Voluntary Hospitals of America. Among other questions raised by various municipalities was the issue of property taxes. In the event all facilities are sold from Beverly, a for profit corporation, to Long Term Care, a non-profit foundation, essentially all facilities are taken off the tax rolls. Long Term Care is committed to paying 100% of city taxes in each of the cities under consideration. Councilmember Battaglia asked what the current property tax payable is. Mr. Thompson said the City portion is $50,727 and the total is $266,386. Councilmember Battaglia noted this would result in a net loss to the community, schools, county of $210,000. Councilmember Friedman asked what was the protection to the City in the event the owner were to sell to another tax-exempt entity. Mr. Bonjour, attorney representing the City in this matter, said the agreement before Council does not contain language protecting the City in that regard. He said there was a provision in the bond document that provides that for purposes of transfer of property and assumption of the tax exempt debt pursuant to the transaction with the City of Minneapolis requires an assumption of the obligation of the loan agreement. That loan agreement requires this entity and any successor entity to escrow taxes in advance including payments in lieu of taxes. He believed that would be the City's protection. Councilmember Friedman remained concerned that the foundation be sold to another tax exempt entity who would take over the payment of the bonds but since they did not have an agreement with any city, would not pay any property taxes or payment in lieu. He would only approve if there were a stipulation that any other non-profit taking over would be obligated to sign the same agreement with the City or could not go forward with a purchase. Mr. Bonjour suggested that the agreement get recorded and run with the land so that a successor owner has that obligation imposed upon him if and when he should acquire the property. Councilmember Mitchell was not comfortable with other entities such as -115- City Council meeting minutes July 16, 1990 the school district and county being deprived of taxes. Mr. Thompson said the Foundation preferred to pay full taxes - city, school and county. He said that seemed the direction the Legislature appears to be heading. The Legislature currently allows payment in lieu of. It was moved by Councilmember Battaglia to continue the item and direct staff and Council to look over the agreement based on protecting the City, perhaps an agreement to run with the land, remedies for the City, etc. He would also ask that the City go to the school board and county and elicit their input. Mr. Thompson noted that in order for those things to be done, the closing probably could not occur on August 30. He would prefer to see the request approved with the contingency of contractual obligation. If the latter were not accomplished, the city would have the option not to approve the final documents. The motion died for lack of a second. Councilmember Friedman asked what was the City looking at in re the Plaza facility if this proposal was not approved. Mr. Thompson said the Minnesota Department of Health would pull the license. Mayor Hanks asked if this proposal was not unfair to the other three nursing homes in St. Louis Park. Councilmember Meland noted that those three nursing homes have an equal advantage in that the City issued industrial revenue bonds to them before the law was changed, so they do have tax-exempt financing. 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 Mitchell , seconded by Councilmember Friedman, to approve Resolution 90-91 giving preliminary approval and Resolution 90-92 approving the joint powers agreement subject to the agreement tieing the City tax issue to ownership of the property. The motion passed 6-1 (Councilmember Battaglia opposed) . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Pets in Parks It was moved by Councilmember Mitchell , seconded by Councilmember Tschida to file Peggy Helmeke' s letter. The motion passed 7-0. -116- ' 8a. Oriole Oaks Request of Rick Bateson for preliminary Resolution 90-98 plat approval located in the R-1 , Single Family Residence District and F-2 Floodplain District located east of State Hwy. 169 and south of W. 23rd St. Mayor Hanks stated that a letter had been received that evening from Mr. Bateson withdrawing his request. Councilmember Mitchell asked about the legal implications of acting/not acting on the resolution of denial that evening. The City Attorney stated the Council exercises its discretion in allowing an applicant to withdraw an application. It was his opinion that if the City accepted the withdrawal , it faced no liability for permitting him to withdraw. If refiled, it would have to be processed as a new application. Councilmember Mitchell asked if the Council acted on the resolution of denial , the request could not come back in this form. The City Attorney concurred. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-98 entitled "A resolution of findings regarding the application of Rick Bateson (Harold Aretz) for a preliminary plat approval to allow a subdivision of 10 lots for property located in the R-1 , Single Family Residence District, and F-2 Floodplain District east of State Highway 169 and south of West 23rd St." The motion passed 7-0. 8b. Sewer availability charge fees First reading of ordinance It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve first reading and set second for August 6, 1990. The motion passed 7-0. 8c. Dakota/37th Second reading of ordinance authorizing Ordinance 1833-90 sale of City-owned properties It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Ordinance 1833-90 entitled "Ordinance approving sale of four lots at 37th and Dakota Ave. by public auction." The motion passed 6-1 (Councilmember Tschida opposed) . 8d. Void 8e. Lawful gambling licenses Second reading of ordinance Ordinance 1834-90 The City Manager briefly discussed the changes in the ordinance since first reading. He said Council would have to decide, with regard to the investigation fee, whether the City would impose a $250 investigation fee or a 3% tax. _ ' - ti -117- City Council meeting minutes July 16, 1990 Rick Gabrielson, Animal Humane Society of Hennepin County, spoke to Council . He urged the Council to reconsider so that 501C3s, such as the Animal tlman Society as charities, can be differentiated from fraternals or clubsyhatthey are required by State law to give their monies away. Councilmember Battaglia, concerned about the maximum amount of money going to a given charity, wondered if a limit could be imposed on the amount of administrative costs an agency can collect in order to operate the charitable gambling portion of its operation. He asked if this could be incorporated into the ordinance. The City Attorney recollected that the City as part of its police powers is not allowed to do that. This is left to the State Charitable Gambling Board. Mayor Hanks wondered if the 10% contribution to the City from charitable gambling proceeds would dry up the monies now being contributed towards scholarships at the high school . The City Manager responded that the City had received no response from the gambling managers regarding the proposal . The Mayor asked what the City intended to do with the 10%. It was moved by Councilmember Mitchell , seconded by Councilmember Meland to adopt Ordinance 1834-90 entitled "An ordinance amending the St. Louis Park municipal code related to lawful gambling; renumbering and amending former Section 13-1600. Adding Sections 13-1600. 1 through 13-1600. 16 providing for definitions, premises permits, exemptions, fees, taqxes, contributions nonconforming uses, etc." and to collect the $250 fee upfront. The motion passed 7-0. 8f. CDBG funds Resolution continuing cooperative agreement Resolution 90-03 with Hennepin County for expenditure of Community Development Block Grant funds It was moved by Councilmember Mitchell , seconded by Councilmember Neland, to adopt Resolution 90-93 entitled "Resolution authorizing Mayor and City Manager to execute a joint cooperation agreement between Hennepin County and the City of St. Louis Park enabling the City to receive CDBG funding through the Urban Hennepin County Program." _ The motion passed 7-0. 8g. Operation of housing units Resolution authorizing Housing Authority Resolution 90-94 to operate 290 assisted units in St. Louis Park It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to adopt Resolution 90-94 entitled "Resolution approving application of the provisions of Section 23 of the United States Housing Act of 1937, as amended, to locality." The motion passed 7-0. -118- City Council meeting minutes July 16, 1990 8h. Subsidized housing Resolution asking Congress to preserve Resolution 90-95 privately-owned, subsidized housing Councilmember Battaglia asked that the following phase be added in the first paragraph after the word "families" : ". . .as evidenced by the increase in the number of homeless and the recent elimination of alternative funding sources. . ." It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Resolution 90-95 entitled "Resolution requesting Congress to preserve privately owned subsidized housing" as amended. The motion passed 7-0. 8i . Bond counsel Resolution appointing bond counsel Resolution 90-96 It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Resolution 90-96 entitled "Resolution appointing the law firm of Popham, Haik, Schnobrich & Kaufman, Ltd. as bond counsel for financings undertaken by and through the City of St. Louis Park, Minnesota." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Request from AMM Fee increase Councilmember Battaglia felt the association needed to refocus its efforts and concentrate more specifically on some of the issues that are more pertinent to the metropolitan area and not expand their horizons in taking on more things. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to deny the request. Councilmember Mitchell felt that of the two organizations cities have to work with - AMM and League of Minnesota Cities - the AMM was the stronger, and the one he preferred to work with. It was Councilmember Battaglia's feeling that they could do its job with present staff. The motion passed 5-2 (Mayor Hanks, Councilmember Mitchell , opposed) . 9b. Oregon/W. 32nd Request for neighborhood meeting, Pro- ject 90-19: Flood mitigating measures By consent, direct staff to sponsor neighborhood meeting 9c. Sanitary sewer reconstruction City Engineer's report, Project 90-20: Sanitary sewer reconstruction at W. 39th St. in front of Med Center parking lot -119- City Council meeting minutes July 16, 1990 By consent, adopt Resolution 90-97 entitled "Resolution accepting City Engineer' s report establishing Project 90-20 ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids for improvement Project 90-20, reconstruction of sanitary sewer line in W. 39th St. west of Quentin Ave." 9d. Proposed sewer construction Request for neighborhood meeting, Project 89-16: Proposed storm sewer construction, W. 36th/Wyoming By consent, direct staff to hold neighborhood meeting. 9e. June financial report 9f. Planning Commission minutes June 20 9g. Housing Authority minutes June 12 By consent, items 9e-9g ordered filed UNFINISHED BUSINESS 10a. Boards and commissions No business 10b. Community Education funding It was moved by Councilmember Mitchell , seconded by Councilmember Meland, that the City fund at this time $75,000 to Community Education and a minimum $75,000 be funded in December, 1990. Councilmember Haun said he would be in favor if the Council would indicate that it will be available for meetings with the School Board in the interim to discuss the proposals for the upcoming budget year. The motion passed 7-0-1 (Mayor Hanks abstained) . NEW BUSINESS None. MISCELLANEOUS 12a. Damage claims Sandra Nelson Steve Burnett Howard Bard Jay Johnson By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Dudley Moylan's term on the Housing Authority has expired. He asked that any individuals indicating interest in the past be contacted. Mayor Hanks commented on the outstanding landscaping going on throughout the community and offered Council the possibility of recognizing such achieve- ments by giving awards. -120- City Council meeting minutes July 16, 1990 Councilmember Mitchell felt staff could be directed to solicit nominations or refer it to a study session for further discussion. Staff was directed to pull something together for the August 5 meeting. 12c. Communications from City Manager Nothing CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, motion to approve and authorize payment: Vendor claims, $52,446.22. $279,391 .56 and payroll claims 14. Adjournhment The meeting adjourned at 11 :00 p.m. A-4Mayor Itk.//R:+cor•ing retary 111 -121-