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HomeMy WebLinkAbout1990/08/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 6, 1990 1 . Call to order The meeting was called to order at 7:40 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 , Jane Tschida and Lyle Hanks. Also present were City Manager, City Attorney, Directors of Public Works and Community Development. 3. Presentations Mayor Hanks read a proclamation for National Night Out. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to approve the minutes of the joint School Board/City Council meeting held July 16, 1990. The motion passed 7-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the minutes of the July 16, 1990 City Council meeting with the following correction: pg. 113, item 6c, add that Councilmember Meland asked if any variances were required. He was told none were. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve the consent agenda with the removal to the agenda of the following items: 9a, 9e and 13b. The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, • to approve the agenda with the following additions: 10b. Senior citizen discount on water/sewer bills and llc. Community Education convention. The motion passed 7-0. PUBLIC HEARINGS 6a. Project 90-31 Improvement hearing, alley paving, 3100 Resolution 90-99 block, Florida to Georgia 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 adopt Resolution 90-99 entitled "Resolution ordering improvement, ordering -122- City Council meeting minutes August 6, 1990 preparation of plans and specifications and authorizing advertisement for bids for Improvement No. 90-31 , alley paving, • 3100 block between Florida Illr and Georgia Avenues." The motion passed 7-0. 6b. Project 90-79 Improvement hearing, alley paving, Resolution 90-100 4000 block Utica to T.N. 100 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 Battaglia, to adopt Resolution 90-100 entitled "Resolution ordering improvement, ordering preparation of plans and specifications and authorizing advertisement for bids for improvement No. 90-79 alley paving, 4000 block between Utica Ave. and T.H. 100." The motion passed 7-0. 6c. Project 90-77 Improvement hearing, alley paving, 2800 Resolution 90-101 block between Brunswick and Colorado 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 Friedman, seconded by Councilmember Meland, III to adopt Resolution 90-101 entitled "Resolution ordering improvement, ordering preparation of plans and specifications and authorizing advertisement for bids for Improvement No. 90-77 alley paving, 2800 block between Brunswick and Colorado Avenues." The motion passed 7-0. 6d. Midas Muffler Request of Richard Stranik to amend Resolutions 90-102, 90-103 special permits at 4200 Excelsior Blvd. and 4150 Excelsior Blvd. In answer to a question from Council as to the project being in full compliance, the Director of Community Development noted the deadline for completion was Oct. 31 , 1990. Mr. Stranik said he planned to meet that date. 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 Haun, seconded by Councilmember Friedman, to adopt Resolution 90-102 entitled "A resolution rescinding Resolution 89-181 adopted on Nov. 20, 1989 and granting special permit under Section 14-156(1 ) of the St. Louis Park Ordinance Code relating to zoning to allow an automotive service center and off-street parking at 4150 Excelsior Blvd." and Resolution 90-103 entitled "A resolution rescinding Resolution 89-181 adopted on Nov. 20, 1989 and granting special permit under Section 14-156(18) and 14-136( 1 ) of the St. Louis Park Ordinance Code relating to zoning to allow an automotive service center and off-street parking at 4200 Excelsior Blvd." -123- City Council meeting minutes August 6, 1990 The motion passed 7-0. 6f. Al 's Photography Request to amend a special permit Resolution 90-104 for property at 5811 Cedar Lake 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. Councilmember Friedman asked for staff's comments re the parking problems in this area.. The Director of Community Development said parking was in short supply. He saidina conversion from office to photographic studio, the amount of parking spaces was reduced alleviating the off-street parking problem. In answer to a question from Councilmember Friedman, the City Attorney said a condition could be added to the special permit that once the property is reduced to a lower density, it cannot revert back to a higher density use. Councilmember Friedman inquired as to whether the condominium association was aware of Al 's application. He wondered if staff had looked at the condomin- ium documents to see if this is approved. The City Attorney said there were two sets of restrictions operating: one is the legal restrictions in the City's zoning laws and special permit; and the other is contained in the condo associations declarations. Councilmember Friedman did not think it possible to change part of a building, to do this on a piecemeal basis. Councilmember Battaglia thought this use - studio use - was a permitted use throughout the whole complex. The Director said that was correct. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve subject to the City assuming no liability nor warrants that this use be approved in accordance with the condominium- provisions. He wanted it clearly understood that the City would not be liable. The City Attorney suggested staff might want to have an application signed by all the owners of the property. Councilmember Friedman suggested making that a condition of Resolution 90-104 entitled "A resolution rescinding Resolution 86-124 adopted on Aug. 4, 1986 and granting special permit under Section 14-124 of the St. Louis Park ordinance code relating to zoning to allow construction of a condominium office development at 5801-5901 Cedar Lake Rd." as amended. The motion passed 7-0. 6g. Northland Aluminum Request to amend a special permit for -111 Resolution 90-105 property at 5005/5001 T.H. 7 to permit a building addition. 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. -124- City Council meeting minutes August 6, 1990 Councilmember Battaglia referenced staff's report and the concerns about fire hazards. He wondered what would be done during the five-year plan prepara- tion timeframe. Phil Minell , fire inspector, addressed these concerns. Councilmember Friedman asked if the building would not now, with the addition, have to come into complete compliance with the Uniform Building Code. Mr. Minell said that in this case the addition is relatively small and the building would not be required to come into total compliance. Councilmember Friedman wondered if the City was not setting a precedent in this case citing how strict the City's housing inspections are. Mr. Minell pointed out that the fire code and housing inspection codes are not totally similar. He said Northland was grandfathered in as far as sprinklers were concerned. It was moved by Councilmember Haun, seconded by Councilmember Battaglia to adopt Resolution 90-105 entitled "A resolution rescinding Resolution 88-40 adopted on April 4, 1988 granting special permit unmder Section 14-195(2) of the St. Louis Park Ordinance Code relating to zoning to allow an industrial development unit at 5005 Highway 7." The motion passed 6-1 (Councilmember Friedman opposed) . REQUESTS, PETITIONS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. CDBG Sub-recipient agreement Resolution 90-106 By consent, adopt Resolution 90-106 entitled "Resolution authorizing execution of sub-recipient agreement with Hennepin County for purposes of qualifying for U.S. Department of Urban Development Community Development Block Grant program." 8b. Bond release - MEPC Parking ramp facility Resolution 90-107 By consent, motion to adopt Resolution 90-107 entitled "Resolution accepting improvements completed by MEPC American Properties under City Contract No. 1899 and authorizing release of contract security. 8c. Sewer availability charge Second reading of ordinance Ordinance No. 1835-90 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Ordinance 1835-90 entitled "An ordinance amending the St. Louis Park municipal code related to sewer availability charges, establishing collection authority and providing a penalty by the addition of Section II 9-2095(4) ." -125- City Council meeting minutes August 6, 1990 The motion passed 7-0. 8d. Klodt, Inc. Second reading of ordinance re Ordinance 1836-90 Klodt' s request for change in zoning ordinance It was moved by Councilmember Tschida, seconded by Councilmember Meland, to adopt Ordinance No. 1836-90 entitled "An ordinance amending the St. Louis Park ordinance code changing boundaries of zoning districts." The motion passed 6-1 (Councilmember Battaglia opposed) . 8e. Methodist Hospital Resolution of denial Resolution 90-108 Dave Sellergren spoke. Notwithstanding the matter of the parking ramp, he was seeking Council 's approval of the bone marrow unit and the courtyard infill area. He saw no reason for Council to delay action on the resolution of denial before Council . However, he asked that the record reflect that he did not believe the record supported the findings contained in the resolution. Randy Manthy, 3979 Dakota Ave. , representing the Brooklawn neighborhood, stated the neighborhood had no problem with Methodist proceeding with the bone marrow facility or courtyard infill area. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 90-108 entitled "A resolution of findings regarding the application of Methodist Hospital for a special permit and master plan approval under Section 14-141 (3) and 14-195(3) of the St. Louis Park ordinance code relating to zoning to permit a four story parking ramp concurrent with and part of approval of a master plan for property located in the R-4 multiple family residential and F-2 floodplain district at 6500 Excelsior Blvd." Councilmember Mitchell asked if the maker of the motion would entertain eliminating paragraph Ea, which he felt was superfluous. This was agreeable to Mr. Haun. The motion passed 7-0. Councilmember Battaglia asked Mr. Sellergren if the action the Council was taking was what he anticipated as far as moving forward on the bone marrow facility and countyard infill was concerned. Mr. Sellergren said it was. 8f. Housing code compliance First reading of ordinance amending ordinance code It was moved by Councilmember Meland, seconded by Councilmember Friedman to approve, set second reading for August 20, 1990, authorize summary publica- tion and place on Aug. 13 study session. 111 The motion passed 7-0. 8g. Escrowing of money First reading of ordinance re esscrowing of monies in re Statement of Intent to Comply -126- City Council meeting minutes August 6, 1990 It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve, set second reading for Aug. 20, 1990, authorize summary publication and put on study session agenda. 8h. One, two-family rental housing First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to approve, set second reading for August 20, 1990, authorize summary publication and schedule for August 13 study session. The motion passed 7-0. Dr. Frankel , 2934 Texas Ave. and Dolores Midell , 2908 Texas addressed Council to air their concerns about a multi family homeowner in their neighborhood who has never had any of his properties inspected. The motion passed 7-0. 8i . Election judges Resolution appointing judges for Resolution 90-109 Fall elections It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 90-109 entitled "A resolution designating election judges and polling places for September 11 State primary election and November 6, 1990 State general election." Councilmember Battaglia asked how election judges were selected and why some smaller precincts have so many judges. The City Manager said that information would be provided. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Access at Win Stephens Buick Revision to I-394/T.H. 100 plan Councilmember Friedman asked if the City was obligating itself for $5000 as noted in staff' s- report. The Director said staff anticipated there would be storm sewer revisions. Councilmember Friedman noted the report had been on consent, but in order to allocate money, a motion was needed. Councilmember Friedman did not recall that the City would be responsible for this fund. The Director said that when the City entered into the agreement with MnDOT for I-394 the City said it would be responsible for the revision of the storm sewer in the area. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to authorize the expenditure. The motion passed 7-0. -127- City Council meeting minutes August 6, 1990 9b. Urban planning services Agreement with Barton-Aschman It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to approve the agreement with Barton-Aschman/TRKLA for urban design/redevelopment planning services. Councilmember Friedman asked about the other bids received. The City Manager provided that information. The motion passed 6-1 (Councilmember Friedman opposed) . 9c. Emergency operation program By consent, approve' the direct its submission to State Regional Review Committee 9d. Vehicle pre-emption system Emergency vehicle pre-emption system Resolution 90-110 agreement with Hennepin County for City-wide installation It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution 90-110 entitled "Resolution authorizing the execution of an agreement between the City of St. Louis Park and Hennepin County for the operation of an emergency vehicle pre-emption system on Hennepin County traffic signal systems." 111 The motion passed 7-0. 9e. Ford Road The City Manager presented a brief update on the situation with Ford Rd. and the action of the City of Minnetonka. The Director of Public Works said one point to be stressed to the attending Ford Rd. residents present is that the Council was merely receiving a status update this evening. The project has not commenced at this point. Councilmember Battaglia, who lives on Ford Rd. , said one issue is whether or not a 28 ft. wide street with no parking vs. a 32 ft. wide street with parking on one side is the best solution. If a State-aid, 28 ft. street is to be built, he felt the possibility of a sidewalk should be explored. He felt the issue of stop signs should be addressed. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to direct staff to meet with the City of Minnetonka staff/Council and discuss: a 28 ft. street, a sidewalk, stop signs and better alignment. A member of the audience stated Minnetonka has completed plans, all drawn up showing a 32 ft. wide street. It appeared to him that St. Louis Park was the loser in the whole deal . -128- City Council meeting minutes August 6, 1990 The Director of Public Works said it was a joint project meaning St. LouisIII Park must approve the design of the roadway that abuts SLP properties. In order for State-aid funding, both cities must approve any plan. Councilmember Mitchell felt it would be in the best interests of Minnetonka to move this project along in conjunction with St. Louis Park to ensure its acceptance for State-aid funding. He did not understand why that had not already transpired. The Director explained the complexities of this roadway and said that that afternoon staff had met with Minnetonka and its consultant and it was suggested the streets be moved, 2-3 ft. in order that minimal landscaping be taken. The motion passed 7-0. Councilmember Battaglia felt there was going to be some sort of deadlock with Minnetonka and asked that staff investigate the process for resolving these kinds of differences. 9f. Public improvements Stormwater retention and storm sewer reconstruction at 32nd and Oregon Ave. By consent, approve recommendations in staff's report 9g. 36th/Wyoming storm sewer Neighborhood meeting on 36th/Wyoming III storm sewer/flood mitigation improvements By consent, approve recommendations in staff's report 9h. Zoning ordinance task force Meeting minutes, report and request for direction It was moved by Councilmember Mitchell , seconded with Councilmember Meland, to concur in the formation of this committee and direct staff to proceed with its formation. The motion passed 7-0. 9i . City Hall remodeling Consultant selection Councilmember Friedman asked about other bids and what they were. Bob Larson provided the information. Councilmember Battaglia asked if the hourly fee for added scope would be included in the contract. Mr. Larson responded that if the scope is widened, it will have to be authorized by the City Council . He said the hourly fee had been set. Councilmember Battaglia asked what kinds of constraints would occur as far III as the needs assessment was concerned. -129- City Council meeting minutes August 6, 1990 111 The City Manager responded that that was the heart of the engagement. The consultant would survey the needs of police, fire and inspections, compare it with standards, look at all options. Councilmember Battaglia asked if options are open so the consultant just doesn't come in and rearrange desks to meet a pre-conceived solution. The City Manager responded the options are open and it was his understanding all four finalist consultants did not want to be constrained by what has been thought of so far. It was moved by Councilmember Haun, seconded by Councilmember Meland, to authorize execution of a contract with Boarman & Assoc. to provide consulting services in an amount not to exceed $8,150. The motion passed 7-0. 9j. Board of Zoning Appeals minutes June 28 9k. Planning Commission minutes July 11 Minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks asked that Bob Bennett on either August 13 or August 20. be asked to come in for an interview It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to appoint Dudley Moylan to the Housing Authority. The motion passed 7-0. Councilmember Battaglia noted there was some discussion during the interview process of the role of the Housing Authority. He was recommending this item be put on a study session as to what the Council might want the HA to focus on. 10b. Senior citizen water/sewer discount Councilmember Friedman said he had been contacted by a number of senior citizens re a discount such as has been instituted in other communities. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to direct staff to investigate alternatives or other innovative ways in which those who have trouble affording water/sewer rates as well as senior citizens could possibly participate in some kind of discount. He asked that staff research what Richfield, Bloomington and Plymouth have done and bring back a report to Council . The motion passed 7-0. NEW BUSINESS lla. Holy Family fall festival Application for temporary 3.2 beer license and State gambling license exemption. -130- City Council meeting minutes August 6, 1990 By consent, approve beer license and waive waiting period for gambling license. III llb. Letter from Councilmember Tschida Councilmember Tschida referenced the letter she asked be placed on the agenda. The thought was to start a neighborhood revitalization program in St. Louis Park. She alluded to the program in Minneapolis. She felt St. Louis Park was doing a good job in many areas, but in some areas such as daycare, schools, parks could use assistance and get neighborhoods to focus on solving their own problems. She was suggesting her item be placed on the August 13 study session. Mayor Hanks asked what was the status of the demographic study the Human Rights Commission was working on. The City Manager said an update would be provided by August 13. llc. Community Education Councilmember Meland asked the Council to authorize trip expenses for himself and the City's representative to the Policy Advisory Committee to attend the National Community Education Assoc. convention. It was moved by Councilmember Battaglia, seconded to Councilmember Tschida to authorize the requested expenditure. The motion passed 7-0. MISCELLANEOUS 12a. Damage claims Melissa McLeone III David Zeitler Firstar Shelard Bank v. Mark Tucker By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Schedule for budget sessions was discussed. Councilmember Mitchell felt often times the Council does not set general direction; rather, they get caught up in miscellaneous details. He was aware that the Council was reacting to State mandates rather than addressing broader policy issues. He felt Council should make sure the deal with the taxing issue, the maximum amount they can authorize for taxation purposes, but not its allocation. Councilmember Friedman felt there was insufficient time to do the type of review he would like to see done. Councilmember Friedman suggested that in the future the Council become more participative in the policy-making stages of the budget. He felt some parameters could be drawn by the City Manager in terms of the coming year and then for Council to determine those policy areas in which dollars can be spent outside of those areas of salaries and benefits. Councilmember Haun felt the Council should meet early in the year and set policy to guide the preparation of the budget. -131- City Council meeting minutes August 6, 1990 It was moved by Councilmember Haun, seconded by Councilmember Tschida, that Council set forth an agenda for Council to have information on its goals and policies back to staff no later than April 15 with the information Council feels should be included in the budget. The motion passed 7-0. It was decided the budget schedule be brought up at the long-range planning session. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims prepared by the Director of Finance dated August 6, 1990 were prepared in the following amounts: vendor claims, $964,955.01 and payroll claims $45,905.47 were approved and staff directed to issue checks in the appropriate amounts. 13b. Contract payment - Final In answer to a question from Councilmember Resolution 90-111 Friedman, the City Attorney stated that the action was appropriate. 111 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 90-111 entitled "Resolution accepting work on Water Tower No. 2 recondit- ioning. The motion also covered approval of a partial payment to J. P. Norex for watermain installation in the amount of $66,799.25. 14. Adjournment The meeting adjourned at 10:00 p.m. 0;64) gN04/1-1 Mayor V- bniveyin Reording Secretary -132-