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HomeMy WebLinkAbout1990/09/04 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 4, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations Mayor Hanks presented a proclamation to Dick Duret, retiring Facilities Maintenance Foreman. 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, Director of Community Development and Director of Inspections. 4. Approval of minutes It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the minutes of the August 20, 1990 Council meeting. The motion passed 6-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the budget session held August 20, 1990. The motion passed 5-0-2 (Councilmembers Friedman and Meland abstained) . 5. Approval of agenda It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the agenda for September 4, 1990. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve the agenda for September 4, 1990. The motion passed 7-0. PUBLIC HEARINGS 6a. Project No. 89-26 Assessment, concrete alley paving, 3000 block between Hampshire/Georgia Avenues 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. 111 It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to adopt Resolution 90-122 entitled "Resolution adopting assessment improvement 89-26, alley paving. The motion passed 7-0. -143- City Council meeting minutes September 4, 1990 6b. Project 89-31 Assessment hearing, concrete alleyill Resolution 90-123 paving east of Alabama between111 W. 37th/Oxford 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 Haun, seconded by Councilmember Mitchell , to adopt Resolution 90-123 entitled "Resolution adopting assessment Improvement No. 89-31 , alley paving." The motion passed 7-0. 6c. Project 89-15 Assessment hearing, paving, curb, Resolution 90-124 gutter and storm sewer, W. 38th St. from Princeton 125 ft. 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 90-124 entitled "Resolution adopting assessment, improvement 89-15, paving, curb gutter and storm sewer." The motion passed 7-0. 6d. Project 89-29 Assessment hearing, concrete alley III Resolution 90-125 paving, Zarthan Ave. to Alabama between Cambridge/Goodrich 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 Battaglia, to adopt Resolution 90-125 entitled "Resolution adopting assessment, Improvement 89-29, alley paving The motion passed 7-0. 6e. Project 89-25 Assessment hearing, concrete alley Resolution 90-126 paving between Brownlow and Gorham Ave. south of 1st St. N.W. The following people spoke to this assessment: Douglas Ernst, 3378 Brownlow; Sheldon Kothman, 3362 Brownlow Ave. ; and Florence Cahill , 3354 Brownlow. They questioned the difference between what they were told the assessment would be and what they were billed. The Director of Public Works addressed the reasons for the assessment increase. It was moved by Councilmember Meland, seconded by Councilmember Battaglia, that the upper limit of an assessment be $1000 on a 50-ft. lot and prorated accordingly should the lot be larger. -144- City Council meeting minutes September 4, 1990 111 It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, that Council receive a report on the estimating process for assessments for public works projects relating to residential areas. of Councilmember Mitchell felt that research/the most recent 50 or so assessments might be the way to proceed. The maker of the motion was agreeable. The motion passed 6-1 (Mayor Hanks opposed) . 6f. Political signs Request of zoning ordinance Mayor Hanks noted this proposed ordinance amendment was to bring the City' s ordinance re political signs into conformance with State Statute. Councilmember Mitchell asked if the State supercedes the City, what Council action is necessary. Is there anything additional the City does that the State doesn't. The Director of Community Development said no. Councilmember Mitchell questioned an individual bringing suit against the City when -in actuality a suit should be brought against the State. He felt if the proposed language truly duplicates State Statute, then why not just strike it out of the City' s ordinance. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to defer to Sept. 17, 1990 and request that staff research both the City' s ordinance and the State Statute for conformity. • The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Roller Garden Request for extended hours It was moved by Councilmember Friedman, seconded by Councilmember Meland, to approve items 1 and 2 and request that item 3 be returned to petitioner and resubmit when sponsoring groups are identified. The motion passed 7-0. 7b. Variance appeal Stahl , 4360 Vernon Ave. Mr. Stahl distributed floor plans and letters of approval from his neighbors. They were seeking appeal of the variance denial because access to the house from the garage would be through the front door rather than back door if the variance were not granted. It was moved by Councilmember Meland, seconded by Councilmember Haun, to 111 authorize preparation of a resolution of approval . The motion passed 7-0. -145- City Council meeting minutes September 4, 1990 It was moved by Councilmember Friedman, seconded by Councilmember Tschida, that in the future when denials of variance requests come before Council that both a resolution of denial and approval be before Council . 11/Councilmember Meland thought that to be a fair motion if limited to residential applications. Mayor Hanks was not sure this was the appropriate way to proceed with resolutions for both approval and denial before Council . The City Attorney felt in a contested case a judge might view with some question staff's justification for both approval and denial . In residential matters, this might be tolerable but he could not recommend such a motion in commercial cases where there is usually a high dollar amount being contested. Councilmember Mitchell ' s concern was that if the Council strongly upheld a resolution of denial , the applicant would have that resolution of approval to wave at Council . The motion failed 2-5 (Councilmembers Battaglia, Haun, Mitchell , Meland, , Mayor Hanks opposed) . 7c. Fireman' s Relief Assoc. Request for continued insurance benefits to former members of discontinued St. Louis Park Fireman's Relief Assoc. Councilmember Meland suggested the rate be left at the suggested level and as time goes on there could be further increases. In that event, the flat amount could remain permanent and not drop off as members cease or need to receive benefits. Councilmember Battaglia asked that a letter be drafted requesting information on the rationale behind increasing the annual rate from $30 to $100 for paid fireman but maintaining the premium of volunteer firemen at $3.00. Mayor Hanks felt this was not a position the City wanted to be in. Councilmember Mitchell wondered what was to prevent them from coming back next year at double the contribution. Mayor Hanks noted the answer to that question appeared to be contained in the firefighters' letter. Councilmember Meland put his suggested into the form of a motion which was seconded by Councilmember Tschida. The motion passed 7-0. RESOLUTIONS AND ORDINANCES 8a. Truth in Taxation Resolution setting revised public Resolution 90-127 hearing date for Truth in Taxation hearing It was moved by Councilmember Meland, seconded by Councilmember Battaglia, to adopt Resolution 90-127 entitled "Resolution setting new public hearing date for approving preliminary 1990 tax levy, collectible in 1991 ." The motion passed 7-0. -146- City Council meeting minutes September 4, 1990 8b. Park Nicollet Medical Center Bill Tileen, vice president for Resolution 90-128 Finance of Park Nicollet was present to answer questions. Councilmember Friedman asked how a request for bonding could be made for locations other than St. Louis Park. Paul -Tietz, bond counsel , said this was provided for under State Statute as well as through an intergovernmental agreement allowing for such participation. In response to a question, Mr. Tileen confirmed that none of the bond proceeds were scheduled to be used for construction external to existing buildings. It was moved by Councilmember Haun, seconded by Councilmember Battaglia to adopt Resolution 90-128 entitled "Resolution relating to projects under the Municipal Industrial Development Act and calling a public hearing thereon." The motion passed 6-0 (Councilmember Meland absent from chambers) . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Peninsula Industries Disposal of City-owned land It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve first reading, set second for Sept. 17, 1990 and authorize summary publication. 111 The motion passed 5-0-1 (Councilmember Haun abstained; Councilmember Meland absent) . 9b. Holiday Inn liquor license Agreement in re transfer Councilmember Friedman noted there was no background check on American Hospitality, the group designated to run the liquor operation. Attorney McCarthy said the Police Department was in possession of all relevant materials for a background check. Councilmember Friedman was concerned about who was overseeing the liquor operation during the interim before the public hearing. The attorney said it was the American Hospitality group. Councilmember Friedman's other concern was that property owners not paying property taxes were closed up. He wondered why the Resolution Trust Corp. was being treated differently since property taxes have not been paid. The attorney said that as part of the agreement, the taxes will be paid. Councilmember Friedman asked if the Council was approving a license without a background check and property taxes not paid. The City Attorney said, in effect, the current license is being escrowed rather than granting a new license. Then the holder- will have to go through the process to get a new license. -147- City Council meeting minutes September 4, 1990 Several Councilmembers had concerns over liability. The attorney felt It the escrowing of the current license was sufficient to absolve the City of any liability. It was moved by Councilmember Battaglia, seconded by Councilmember Meland, to approve and authorize execution of the agreement. The motion passed 7-0. 9c. Planning Commission minutes 9d. Board of Zoning Appeals minutes Minutes ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions None. NEW BUSINESS lla. Bid tabulation Concrete alley paving, random concrete replacement By consent, G. C. Strasburg designated as lowest responsible bidder and execution of a contract with that firm authorized. III MISCELLANEOUS 12a. Damage claims Patricia Boggie Garrett Gardner By consent, claims referred to City Clerk and City Manager 12b. Communication from Mayor The City Manager would be taking the Mayor's place at the Human Rights Commission meeting. 12c. Communications from City Manaer A schedule of upcoming meeting was discussed. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated September 4, 1990 in the following amounts was approved and the City Manager and City Treasurer authorize to distribute checks: Vendor claims: $887,304.84; payroll claims $46,905.71 13b. Contract payments -148- City Council meeting minutes September 4, 1990 1 . Partial payment, Eagan McKay Electrical Contractors, EVP system. Amount: $17,966.12 2. Partial payment, Hartman Excavating, Westwood Hills Nature Center handicap trail . Amount: $12,245.45 By consent, partial payments approved and payment authorized. 14. Adjournment The meeting was adjourned at 9: 14 p.m. • Air/v, Mayor it1 RI sing Sae ary -149-