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HomeMy WebLinkAbout1990/09/17 - ADMIN - Minutes - City Council - Regular 4b MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA .111 September 17, 1990 1 . Call to order Mayor Lyle Hanks called the meeting to order at 7:30 p.m. 2. Presentations Director of Parks and Recreation Cris Gears introduced and Mayor Hanks distributed certificates to a group of volunteer students who assisted in the Summer Learning and Play program this past summer. Mayor Hanks read and presented a proclamation honoring Mensa Week in St. Louis Park. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, Director of Parks and Recreation, Planning Coordinator and City Assessor. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the September 4, 1990 Council meeting with the following addition: item 8b, add "A Park Nicollet representative confirmed that none of the bond proceeds were scheduled to be used for construction external to the existing buildings." The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the minutes of the September 10, 1990 Long-range Planning Session. The motion passed 5-0. 5. Approval of the agenda It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the consent agenda for September 20, 1990. The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the agenda for September 20, 1990 with the following additions: 10b. Community Education reorganization and 10c. Bid estimating process. The motion passed 5-0. -150- . City Council meeting minutes September 17, 1990 III - PUBLIC HEARINGS 6a. Project 78-10B Assessment hearing, street lighting Resolution 90-130 from 36th St. to Excelsior Blvd. There being no one wishing to speak, the Mayor closed the meeting with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution No. 90-130 entitled "Resolution adopting assessment Improvement 78-10B street lighting from 36th St. to Excelsior Blvd." The motion passed 5-0. 6b. Methodist Hospital Request for issuance of revenue bonds Resolution 90-131 Terry Finzen, Methodist Hospital , was present to answer questions. Councilmember Tschida asked about the status of the parking ramp. Mr. Finzen said it was still being discussed, that no final decision has been made. There being no one further wishing to speak, the Mayor closed the hearing III- with the right of Council to thereafter reopen and continue it at a future III date. It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 90-131 entitled "Resolution giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Department of Trade and Economic Development for approval ; and authorizing preparation of necessary documents." The motion passed 5-0. 6c. Klodt, Inc. Request for a special permit to permit a 173-unit apartment building at 4400 Park Glen Rd. The City Manager said the City had been served with a lawsuit on Friday afternoon by the owners of the Park Glen Apartments. The City Attorney's recommendation was that the public hearing be continued to the next meeting. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to continue the public hearing to October 1 , 1990. The motion passed 5-0. -151- City Council meeting minutes September 17, 1990 . 111 6d. Political signs Request of St. Louis Park to amend zoning ordinance by specifying when restrictions of the size of political signs shall not apply Councilmemter Mitchell asked the City Manager to summarize what his understanding of the conclusion was. The City Manager said that were the City simply to follow State law, there would be a gap in municipal control as relates to areas now controlled. It is staff' s belief that the City should probably retain some control . The Planning Coordinator detailed staff's recommendation: First, recommending adoption of a section that allows political signs in all districts; and second for Council to choose the language received originally which removes the limita- tion and other language which adheres exactly to State Statute and simply says that during a general election year for the 3i months prior to a general election, the City does not have any regulation on size. Councilmember Tschida was still confused as to whether or not the City needed a political sign ordinance. The Planning Coordinator said staff had been in conversation with the City - Ill Attorney re possible modifications to the sign ordinance as part of updating the zoning ordinance generally. It said it was a possibility that if a change in the sign ordinance were adopted that did not reference political signs, it could perhaps have a general restriction in a residential district for any type of sign be it nameplate sign, home occupation or political sign. Regardless of type, there would be some type of across the board restriction. Currently, staff believes it is necessary to have such a distinction because the signs are treated differently in terms of when they can be up/down, they are exampted from setback requirements, etc. If any reference to political signs were deleted from the ordinance, the effect would be to categorize them as temporary signs which limits them to 30 days a year and each sign would require a sign permit. Councilmember Mitchell 's concern was that the City not get itself in a situation where money is spent in litigation over political signs. He asked if this proposed ordinance was restrictive to the extent there could conceivably be any risk in re litigation. _ The City Attorney said in the opinion of his office that this ordinance would comply with the holding in the Minneapolis case. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to waive first reading, set second for October 1 , 1990 and authorize summary publication of the revised ordinance before Council . `r1 The motion passed 5-0. 1 6e. Holiday Inn Application for intoxicating on-sale, Sunday sale liquor license for Holiday Inn West, 9970 Wayzata Blvd. (Resolution Trust Corp. ) -152- City Council meeting minutes September 37, 1990 8d. Park Place Hotel Minor amendment to an existing Resolution 90-134 special permit: Park Place Hotel III Company, 5555 Wayzata Blvd. By consent, adopt Resolution 90-134 entitled "A resolution rescinding Resolution 7497 adopted on Nov. 7, 1983 and granting special permit under Section 14-124(2) of the St. Louis Park Ordinance Code relating to zoning to allow relocation of public restaurant facility and private dining and reception facility for property located in the ODD Diversified Development District at 5555 Wayzata Blvd." 8e. Hwy. 7/Hwy. 100 " Purchase of vacant land and temporary Resolution 90-135 easements from Naegele Outdoor Advertising for Hwy. 7/Louisiana Ave. roadway construction and settlement of special assessment appeal , Project 86-11 Councilmember Mitchell asked for background. The City Assessor said Naegele has appealed the assessment relative to South Oak Pond in the amount of approximately $9000 and for two temporary easements and title to a third parcel . Naegele's appraisal came in at $30,700 plus appraisal fee; the City appraised it for $25,500. The City Attorney's recommen- dation was for settlement at $31 ,200 with Naegele to not appeal the $9000 special assessment. III Councilmember Mitchell asked that payment of the $9000 special assessment by Naegele to the City be incorporated into the resolution. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 90-135 entitled "Resolution authorizing the purchase of temporary construction easements and vacant land State Highway 7 and Louisiana Ave. project" and incorporate language covering Naegele' s payment of the $9000 special assessment after the words " . . .purchase price after verifying that Naegele has paid the special assessments." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Wooddale Lutheran Church Request to review denial of variance request: 4003 Wooddale Ave. The following individuals addressed Council in support of the church's appeal : Ken Zahn; Paul Jennings; James Robertson. Mayor Hanks asked if the church would object to installing a bumper to stop / i cars. Mr. Zahn felt the church was receptive to whatever the City would require. I -154- City Council meeting minutes September 17, 1990 Timothy Walsh, attorney, was present to answer questions. He said all the ,111 details discussed at the September 4 Council meeting had been resolved. The City Manager said dram shop liability insurance and payment of delinquent property taxes had been taken care of this day. 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 approve the application. The motion passed 5-0. REQUESTS, PETITIONS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Peninsula Industries Second reading of ordinance re disposal _ Ordinance 1838-90 of City-owned land: Peninsula Industries, - Wooddale at Oxford It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to adopt Ordinance 1838-90 entitled "An ordinance authorizing disposal of City property at the intersection of Wooddale Ave. and Oxford St. to Peninsula Industries." The motion passed 4-0-1 (Councilmember Haun abstained) . 8b. Stahl variance Resolution of approyal of request for Resolution 90-132 variance: 4360 Vernon Ave. It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to adopt Resolution 90-132 entitled "A resolution granting variance in side yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit an attached garage setback 1 .55 ft. from the side yard lot line instead of the required 9 ft. for property in the R-1 single family residerce district at 4360 Vernon Ave." The motion passed 5-0. 8c. Super America Minor amendment to an existing special Resolution 90-133 permit: Super America, 5900 Excelsior Blvd. By consent, adopt Resolution 90-133 entitled "A resolution rescinding Resolution 5953 adopted on Feb. 6, 1978 granting special permit under Section 14-156(15) and 14-150(3) (a) of the ' St. Louis Park Ordinance Code relating to zoning to allow replacement of existing facia on a motor fuel station/retail store at 5900 Excelsior Blvd. -153- City Council meeting minutes September _17 1990 Councilmember Tschida felt some sort of landscaping -- not extensive -- would be a definite enhancement to the east side of the parking entrance. It was noted that many of the neighborhood children use the parking lot to ride their bikes, etc. and that there has never been an incident involving a car and child. It was the consensus of the speakers that for this reason landscaping be kept to a minimum. It was moved by Councilmember Haun, seconded by Councilmember Battaglia, to authorize preparation of a resolution of approval incorporating the installation of curb bumps along the entry and exit to the parking lot. The motion passed 5-0. 9b. Zoning ordinance task force Report on Citizens Advisory Committee Council felt one representative from General Growth Corp. would be sufficient. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to appoint to the Citizens Advisory Committee for the zoning ordinance task force those individuals expressing an interest and that one person from General Growth be appointed to serve. The motion passed 5-0. 9c. Ford Rd. Project 88-14, Ford Rd. construction from Cedar Lake Rd. to south frontage road of 1-394 Councilmember Mitchell , who attended several of the meetings, perceived that St. Louis Park residents felt they were going to be treated differently from the Minnetonka residents on the street -- he did not know where this feeling came from. He felt the general consensus was that the road be constructed as narrow as possible with no sidewalks. He remained upset with Minnetonka' s aggressive taking the lead in the project with virtually no communication with the City. He wondered if it were not appropriate for the Council to communicate its displeasure to the Mayor/Council of Minnetonka. Councilmember Mitchell felt uncomfortable proceeding with a letter with two Councilmembers absent. It was the consensus of Council that a letter be drafted and brought back to October 1 . 9d. Traffic Study 432 Fire lane designation - Cityscape Resolution 90-1.36 By consent, adopt Resolution 90-136 entitled "Resolution establishing fire lanes and prohibiting parking along access drives serving the Cityscape Apart- ments (5707 Hwy. 7) and its parking facilities." -155- City Council meeting minutes September 17, 1990 111 9e. Reilly Tar & Chemical Contract for laboratory services By consent, approve amendment to contract with Rocky Mountain Analytical Laboratory for 1991 . Councilmember Mitchell asked that this be removed from consent. He asked the Director what other choices the City had for these services. The Director responded that Rocky Mountain is the sole source of consulting services. The only other firm capable of performing these services is a sub-contractor to the EPA which prefers not to have its sub-contractor involved with either the City or Reilly. Councilmember Mitchell asked if the Director had any guarantee Rocky Mountain was doing an honest job or perhaps gouging the City because they were the only provider. The Director said one measure would be the fact the price for an analysis has not changed since 1988. Councilmember Battaglia asked if the RAP required these laboratory services indefinitely. The Director responded for 30 years. 9f. Housing Authority minutes August 14, 1990 111 9g. Human Rights Commission minutes May 16, Sept. 5 9h. August 1990 financial statement Items 9f-9h ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks suggested setting up interviews for Fire Civil Service Commission for October 16. 10b. Community Education reorganization Councilmember Battaglia said he had received phone calls and letters re a reorganization of Community Ed of which he was not aware. He requesirdCouncil be provided a report on the reorganization and what kind of authority the City Council has re input in the reorganization. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to direct staff to provide an update on the Community Ed reorganization. The motion passed 5-0. lOc. Construction bidding process Councilmember Battaglia said that a request had been made to provide Council with the last 50 or estimate so construction estimates. He noted 60% were under / and 40% over estimate. -156- City Council meeting minutes September 17, 1990 It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to direct staff to look at the process in order to drive the number of111 bids being under estimated up to a 75% number from a 60% number. Mayor Hanks had no idea how staff would approach such a request. He felt staff was doing quite well . Councilmember Mitchell felt staff estimating the projects was not the market place - the people who are bidding the jobs should be locked in with a hard number. ,Councilmember Battaglia said he was not throwing this out as some big challenge and as a criticism of staff; rather, he was interested in how the process works and perhaps a better process will come up - maybe not. Councilmember Mitchell asked if it were possible to do estimates in a range. The Director felt it was a communication problem. Alleys generally are pretty routine. The problem with one of ,the under estimates was driven by a situation arising with an unusual alley situation. He felt stronger communication would be valuable between the Assessing Dept. and Public Works/Streets departments. Mayor Hanks asked why, in the event the project is considerably over bid, is not the process stopped and go back and review what was bid, where the costs are heading, and what do we do. Then go back for a neighbor- hood meeting, communicate what has happened, discuss adjustments and options. Councilmember Haun felt that oft time, as in the alley incident, the residents are talking to the contractor rather than the staff member overseeing the project. This is a situation ripe for misinformation to be passed along. The motion failed 3-2 (Mayor Hanks, Councilmember Haun opposed) . It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to defer the item to October 1 . The motion passed 5-0. NEW BUSINESS lla. Bid tabulation Sanitary and storm sewer reconstruction, Projects No. 90-19, 90-20 and 90-81 It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve items 1 , 2 and 3 of staff's report. The motion passed 5-0. -157- City Council meeting minutes September 17, 1990 MISCELLANEOUS 12a. Damag-"i_claims Brenda Pike --\\ ! ,/ _- Roller Garden vs. SLP By con:'\‘t, clz;;r.; referred to City Clerk and City Manager. 12b. Communications from Mayor None. 12c. Communications from City Manager The City Manager noted EDA and Council meetings for Sept. 18 at 6: 15 and 6:30. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent the list of verified claims prepared by the Director of Finance dated Sept. 17, 1990 was approved in the following amounts: Vendor claims $296,526.23 and payroll claims $36,474.70 and the City Manager and City Treasurer authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 9:40 p.m. May;!,:te ii-(A441%1V Recording Secretary -158-