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HomeMy WebLinkAbout1990/08/20 - ADMIN - Minutes - City Council - Regular (2) 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 20, 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 Council members were present at roll call : Bruce Battaglia, George Haun, Allen Friedman, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Directors of Public Works and Community Development and Director of Inspections. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia —111 to approve the minutes of the August 6, 1990 Council meeting with _the following correction: Councilmember Friedman asked for rewording of item 12b, pg. 131 , to wit: change word "outlines" to "parameters" and ". . .dollars can be spent outside of those areas of salaries and benefits." The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the minutes of the August 13, 1990 Long-range Planning Session. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the consent agenda with the removal to the agenda of 9g and 9k. The motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to approve the agenda with the addition of items lla. Setting preliminary 1991 tax levy and setting Truth in Taxation hearing date and lib. Environ- mental Cities Coalition. The motion passed 6-0. PUBLIC HEARINGS None. -133- City Council meeting minutes August 20, 1990 PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES a. Housing Code compliance program Second reading of ordinance amending ordinance code re timing of initial inspection in conjunction with Certificate of Housing Code Compliance program The City Manager gave a brief update on the proposed ordinance. Councilmember Battaglia's concern was not with the ordinance, but how it was to be staffed to get inspections done expeditiously. Councilmember Friedman had a proposal , not yet fully developed, that would alleviate the problem. He suggested this ordinance be deferred which would give an opportunity to complete the details of his proposal . Councilmember Mitchell felt setting a date certain to return to Council was important. Mayor Hanks thought a date of January 1 was appropriate which would give ample time for educating residents. 111 It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to make the effective date January 1 , 1991 . IIL Councilmember Friedman noted the proposed changes would minimize the problems between the buyers and sellers so they know well ahead of time what is expected. Councilmember Battaglia remained concerned about how the time was going to be shortened between listing one' s home and getting it inspected. He wanted to see passage delayed until this is addressed. Councilmember Mitchell withdrew his second and made a motion that the item be postponed until October 15 which was seconded by Councilmember Tschida. The motion passed 6-0. 8b. Escrowing of monies Second reading of ordinance amending Ordinance 1837-90 ordinance code re escrowing of monies in re Statememt of Intent to Comply It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Ordinance No. 1837-90 entitled "Ordinance amending St. Louis Park Municipal Code Section 15-332, item (3) ; renumbering item (4) to (6) of Section 15-332, adding a new item 4 and item 5 to Section 15-332 relating to the escrowing of monies for required work to correct violations in a Statement of Intent to Comply/ with a minor amendment as proposed by the City Attorney. The motion passed 6-0. -134- City Council meeting minutes August 20, 1990 8c. Rental housing program Second reading of ordinance re one and two-family rental housing program licensing The City Manager gave a brief update on the proposed changes to the rental housing program. He reviewed three amendments to the ordinance which had been prepared as a result of Council 's consideration at its Long-range Planning session. The following persons addressed the Council : Walt Thompson, 5221 Minnetonka Blvd. ; Gary Burscheit, 1604 Blackstone; Dolores Midell , 2908 Texas; Tony Baese, 5709 Goodrich and William Putnam, 3172 Hillsboro. None of the speakers had a problem with rental property being inspected; however, they could see no rationale for an inspection of the unit of the same building in which the owner of the building resided except in the event of the building being put on the market. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to defer the item to September 4, 1990 and to have staff compile for Council a background summary for each of the amendments and to respond to the various comments heard that evening. Councilmember Tschida was not willing to defer. She had heard enough horror stories, and had experienced some herself as a renter, and wanted a tough ordinance passed and not delayed and delayed so that it eventually got so watered down, it would cease to be of any help to people who either choose or have no recourse but to rent. Councilmember Haun echoed Councilmember Tschida's concerns. He said the calls he had received were 10 to 1 for passage. In answer to a question from Councilmember Friedman as to how this program was going to be carried out, the City Manager said the 1991 budget proposed addition of an inspector and a clerk with the possibility of an additional inspector being added in 1992. Councilmember Friedman would not like action to be taken at this time, but have an ad hoc committee made up of owners of rental property to review the proposed ordinance amendments. He did not believe what was before Council was clear enough. Councilmember Mitchell noted that at the outset there was very little public comment. Now that it was up for passage, a great deal of public comment is being heard, comments that Council could have profited from hearing a month ago. He wondered if some of the proposed amendments might not be weakening. Councilmember Mitchell changed his motion to reconsider the item on October 1 , 1990 and place it on a study session in September. Councilmember Battaglia was agreeable. Councilmember Haun felt that those addressing Council this evening probably were excellent landlords and took very good care of their properties. However, he felt the vast majority did not keep their properties up and that mostly they lived out of the City; thus, a strong ordinance was needed now. -135- • City Council meeting minutes August 20, 1990 Councilmember Friedman elicited input from interested members of the community to assist Council in its efforts to come up with an equitable ordinance. Councilmember Mitchell did not see that additional staff would be necessary suggesting perhaps outside contractors could do the work. It was an open question for him. The motion passed 4-2 (Councilmembers Haun and Tschida opposed) . 8d. Revenue bond applicants Conditions for revenue bond applicant Resolution 90-112 The City Manager explained that the proposed resolution makes it a policy , of the City to require parties benefitted by the issuance of revenue bonds by the City to use equal opportunity and affirmative action in employment practices and to pay a fee to the City to be used for rehabilitation and/or redevelopment. An agreement containing those provisions be entered into between the City and party using the bonds. Terry Finzen, president of Methodist Hospital , addressed Council . He referenced Methodist's bond issue, in process for some time, which was next on the agenda. He felt the fee to be charged for a bond issue of its magnitude was substantial and not taken into consideration earlier as they had no knowledge of this fee. They were asking that should the resolution pass, that Council direct staff to work with the hospital to review the details of the bond issue, research the economics of same and return to Council with a recommendation for appropriate fees for Methodist' s bond issue. Mayor Hanks wondered if this fee structure should not be looked at because of the magnitude of Methodist's bond issue compared to the $5-$10-$15 million bond issues that usually come before Council . It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-112 entitled "Resolution establishing policy to require parties using revenue bonds to use equal opportunity and affirmative action employment practices and to make fee payments to the City for rehabili- tation and redevelopment." The motion passed 6-0. 8e. Methodist Hospital revenue bonds Request of City to authorize issuance Resolution 90-113 of bonds Councilmember Haun asked Mr. Finzen if the hospital had had a chance to have any dialogue with the neighborhood since the last Council meeting. Mr. Finzen said there had not been any as yet, but they did plan to hold such a meeting(s) . -136- City Council meeting minutes August 20, 1990 Mr. Finzen provided an explanation of the difference between revenue bonds and refunding bonds. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 90-113 entitled "Resolution relating to projects under the Municipal Industrial Development Act and calling a public hearing thereon." Councilmember Tschida asked what was the status of the parking ramp acknowledging it was not part of this bond issue specifically. She felt uncomfortable backing the bond issue when the parking ramp issue was not resolved. Mr. Houlton , bond counsel , said no conclusion had been reached as yet but that it was under advisement. Mayor Hanks said it was time to recognize Methodist Hospital as a member of the community. Council has approved its master plan, it was being asked to approve a bond issue - a separate item from the parking ramp - and he felt it was time for the City to show support for a valued member of the community. Councilmember Friedman echoed Councilmember Tschida's feelings. He felt Methodist ' s recalcitrance over every issue that has come to Council was the worst he' s experienced. He was not criticizing the hospital but it was also important for them to be a good neighbor. Councilmember Haun said he would support the bond issue but stressed that Methodist continue to hold dialogues/meetings with the neighborhood over the ramp issue. The motion passed 5-1 (Councilmember Tschida opposed) . REPORTS FROM OFFICERS, COMMITTEES, BOARDS 9a. VFW access Agreement between City and VFW By consent, authorize execution of the agreement. 9b. Monitor well construction City Engineer's report, project 90-76 Resolution 90-114 By consent, adopt Resolution 90-114 entitled "Resolution accepting City Engineer's report establishing Project 90-76, ordering improvement, ordering preparation of plans and specifications and authorizing advertisement for bids for Improvement 90-76: Monitor well construction." 9c. Save Cedar Lake Park Report from Planning Commission It was moved by Councilmember Tschida to set a public hearing date. She felt this area should be considered as part of a metropolitan park system. She felt it was a visionary plan and once homes are built, it will be difficult for the plan to proceed. She was sorry it was not to remain open space to guarantee the finest park corridor can happen. The motion died for lack of a second. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to receive the report for filing. The motion passed 5-1 (Councilmember Tschida opposed) . -137- City Council meeting minutes August 20, 1990 9d. Traffic study 428 Parking restrictions on W. 26th Resolution 90-115 between access drives to Beth El III Synagogue By consent, adopt Resolution 90-115 entitled "Resolution authorizing no parking restrictions along the north side of W. 26th St. between the two access drives east of and serving the Beth El Synagogue." 9e. Traffic study 429 Enactment of parking restrictions Resolution 90-116 along 1st St. N.W. in vicinity of Gorham municipal parking lot By consent, adopt Resolution 90-116 entitled "Resolution authorizing no parking restrictions along the northerly side of 1st St. northwest from 10 ft. northeasterly of the alley serving the 3300 block of Brownlow Ave. to 10 ft. southwesterly of the 1st St. northwest access to the Gorham Ave. municipal parking lot." 9f. Traffic study 430 Parking restrictions along W. 38th Resolution 90-117 between Ottawa and Princeton By consent, motion to adopt Resolution 90-117 entitled "Resolution authorizing parking restrictions between Princeton and Ottawa Avenues." 9g. Traffic study 431 Stop sign at W. 24th & Utica Resolution 90-118111 Councilmember Friedman noted that people were coming off Hwy. 100 and proceeding south, people were using this route to escape onto Minnetonka Blvd. avoiding the intersection at Vernon. He wondered if this could not be further studied in relation to the traffic concerns of the whole area. The City Manager said that in response to Councilmember Friedman's concerns staff in looking at the situation felt that this item stood on its own. If Council wanted to defer it and tie it into the bigger picture of this area, it would do so. Councilmember Friedman said the City had to find some way to keep cars out of residential areas that want to get more quickly through the City. He would not vote against this stop sign, but he wanted to say to the Council that they will echo his concerns about the other areas in the City. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution No. 90-118 entitled "Resolution authorizing installation of a traffic control sign on eastbound W. 24th St. at Utica Ave." i l The motion passed 6-0. -138- 9h. Ford Road update ' The City Manager gave a brief update on the proposed Ford Rd. reconstruction from I-394 to Cedar Lake Rd. , a joint project between the cities of St. Louis Park and Minnetonka. The four issues Council had focused on were 111 street width, street alignment, sidewalk and stop signs. Councilmember Battaglia was disappointed with Minnetonka's written response feeling their approach seemed to think it was their project and input from St. Louis Park was not needed. Minnetonka's comment that neighborhood residents are in favor of a 32-ft. wide street is not true. Residents were in support of the narrowest street possible without having to face assessments so MSA funding can be utilized. He encouraged City residents to hold a meeting and invite interested Minnetonka residents and staff to come and hear their input. Councilmember Mitchell noted there was to be some change in MSA funding and had this been explored, that is the appeal process. The Director of Public Works explained • Minnetonka had previously attempted to gain a variance for a narrower street width. He could only assume they foresaw difficulty in getting the variance. MnDOT is currently undergoing design review changes and apparently a number of questions have been raised in re State Aid rules and designs. enthusiastic Councilmember Mitchell felt Minnetonka staff was less than/ going for a variance for 28 ft. when they believed 32 ft. to be the best width. He wanted the record to show that St. Louis Park raised the issue. His concern was that at some point the City would be judged the culprit in loss of funds and he felt the interests of the City needed to be protected. He III asked that staff explore this further -- he did not want St. Louis Park blamed by all the residents on the street because they now have an assessment. Councilmember Battaglia said the loss of State Aid wouldn't be directly related to this project - that's for future years because they didn't spend it. If it came down to the wire, both cities should have been working together all along. He felt both cities had to go back to the drawing board, continue the process, try to resolve the outstanding issues, get back to the residents for input. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to accept the recommendations in staff's report with the addition that staff request Minnetonka to notify its residents of the St. Louis Park meeting. The motion passed 6-0. 9i . City utility bill discounts Councilmember Friedman would still like to see a system whereby the City could give some relief to those persons who are on fixed incomes. He agreed with the Director of Finance that there are a lot of people who can afford to take care of themselves who are utilizing special considerations for those not able to care for themselves. He felt there were enough people in the community who could, benefit from such a discount. He did not want to see it die. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, that staff come back with a couple different recommendations within the next six months. • -139- City Council meeting minutes August 20, 1990 . Mayor Hanks asked if the maker of the motion would consent to this subject being brought up during budget discussions. It was agreeable, but he pointedIII out that water/sewer rates were set outside of the budget process, it's a pay as you go basis. The motion passed 6-0. 9j. Neighborhood revitalization program Communication to applicable organizations It was moved by Councilmember Tschida, seconded by Councilmember Friedman, that the Mayor sign the letters soliciting participation in an ad hoc committee to make recommendations concerning a neighborhood revitalization program. The motion passed 6-0. 9k. Long Term Care Foundation Request of City to authorize issuance of private purpose (nursing home facilities revenue bonds) Councilmember Friedman referenced a new story that all of Beverly' s licenses had to be revoked because of one or twol Neisked for a status update. The City Manager said the City has been in touch with Mr. Bonjour, special counsel to the City on this matter, and believe that it is moving forward. 111 He said he would ask the Finance Director to contact Mr. Bonjour for an update. Councilmember Friedman wanted assurance the City was not paying Mr. Bonjour' s fee. The City Manager said he fee was being paid by the Long Term Care Foundation. Councilmember Mitchell brought up the tax issue. Mayor Hanks said that was covered by a covenant to run with the land. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to receive for filing. The motion passed 6-0. 91 . Storm sewer improvements W. 32nd/Oregon Ave. Resolution 90-120 Councilmember Tschida was absent. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-120 entitled "Resolution accepting the City Engineer's report establishing Project 90-19 ordering improvement, ordering preparation of plans and specifications and authorizing advertisement for bids for Improvement No. 90-19, storm sewer improvements at W. 32nd St./Oregon Ave. The motion passed 5-0. -140- City Council meeting minutes August 20, 1990 111 Councilmember Tschida returned. 9m. Housing Authority minutes July 11 9n. Planning Commission minutes August 1 9o. July financial report Minutes, report, ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to appoint Bob Bennett to the Fire Civil Service Commission. The motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to accept the resignation of Sharon Larson from the Cable TV Advisory Commission. The motion passed 6-0. NEW BUSINESS III lla. Preliminary 1990 tax levy The City Manager said Council had set the following public hearing dates on the tax levy: Tuesday, November 20, 1990 at 7:00 p.m. and a reconvenying on Monday, Dec. 3, 7:30 p.m. It was noted that some Councilmembers would be at the NLC in Houston on Dec. 3. It was decided to change the Dec. 3 meeting to Dec. 10. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to set the dates as discussed above. The motion passed 6-0. llb. Environmental Cities Coalition Resolution 90-121 Councilmember Friedman explained that 22 communities in the State have joined the coalition. Nothing is binding; it is an information sharing coalition. The resolution is non-commital , an intention to work with other members of the coalition. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 90-121 entitled Resolution authorizing the City of St. Louis Park to join an Environmental Cities Coalition." The motion passed 6-0. III MISCELLANEOUS 12a. Damage claims None. 12b. Communications from Mayor None. • -141- City Council meeting minutes August 20, 1990 12c. Communications from the City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims prepared by the Director of Finance, dated August 20, 1990 were approved in the following amounts and the City Manager and City Treasurer authorized to issue checks: Vendor claims $345,051 .03 and payroll claims $11 ,967.76. 14. Adjournment The meeting adjourned at 9:44 p.m. (A.) /VrA41-4) Mayor ad-- 64,-th Wording Secretary --142-