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HomeMy WebLinkAbout1991/02/25 - ADMIN - Minutes - City Council - Regular (2) 4b MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA Feb. 25, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations A resolution and plague were presented Resolution 91-41 to Councilmember Bruce Battaglia on the occasion of his last meeting. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, George Haun, -Allen Friedman, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager (Bill Dixon) ; City Attorney (Suesan Pace-Shapiro) ; Director of Public Works (Jim Grube) ; Director of Community Development (Dave Hagen) ; and Director of Finance (Harlan Syverson) . 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to approve the minutes of the joint Council/Legislators meeting of Feb. 4, 1991 . The motion passed 6-0. It was moved by Councilmember Battaglia, seconded by Councilmember Haun, to approve the minutes of the City Council meeting of Feb. 4, 1991 . The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the joint City Council/School Board meeting of Feb. 11 , 1991 . The motion passed 4-0-2 (Councilmembers Tschida and Haun abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the minutes of the special City Council meeting of Feb. 11 , 1991 . The motion passed 5-0-1 (Councilmember Haun abstained) . It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to approve the minutes of the Long-range Planning Session of Feb. 11 , 1991 . The motion passed 5-0-1 (Councilmember Haun abstained) . , 5. Approval of agenda It was moved by Councilmember Tschida, seconded by Councilmember Friedman, to approve the consent agenda with the removal of llb. The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the agenda with the addition of llc. NAACP and lld. Refinancing of bonds. The motion passed 6-0. -a- City Council meeting minutes Feb. 25, 1991 PUBLIC HEARINGS 6a. Win Stephens Appeal of variance decision Following action on agenda item 8b, the Council returned to item 6a. 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 Mitchell , seconded by Councilmember Battaglia, to accept the applicant' s request to withdraw his appeal . The motion passed 6-0. REQUESTS, COMMUNICATIONS, PETITIONS 7a. Request from VFW Refund in re gambling fee It was the consensus of Council that this was first of many letters to be -received. Councilmember Haun asked that staff and the City Attorney's office research to see where the City stood in re such refunds. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to refer the matter to staff and bring back answers on April 1 , 1991 . The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Amendments to LOGIS contract There was concern expressed that Resolution 91-42 the City be obligated in June when the City's budget would not be prepared until the following October. The City Manager said the way it could be handled is for LOGIS to notify the City, staff would notify the Council who would look at it prior to plugging that figure into the budget. By consent, adopt Resolution 91-42 entitled "Resolution relating to Local Government Information System (LOGIS) : Approving an amendment to the joint and cooperative agreement." 8b. I-394 sign heights 2nd reading of ordinance relating to sign Ordinance 1849-91 heights in I-394 corridor The City Manager noted that what was before Council was an ordinance allowing for signs higher than 25 ft. in certain cases along highway corridors. He noted two small corrections appeared in the updated ordinance on the table. 111 Earl Miller, 2206 Parkwoods Rd. addressed Council . On behalf of the Lake Forest neighborhood, he was concerned because they had not yet had an opportun- ity to meet with Council to express their wishes concerning raising of the sign. -91- City C)unc, l meeting minutes Feb. 25, 1991 III Councilmember Friedman gave a brief chronology of his involvement in this matter. He said he had spoken to the City Attorney that day and it was indicated to him that the City could potentially be liable if some type of relief is not offered to the businesses which have suffered because of this roadway construction. It was his feeling that doing nothing about • the sign heights would probably leave the City open to lawsuit. Councilmember Mitchell said although he was opposed to an ordinance initially, he has now come around -- partly because of staff' s excellent job in drafting the ordinance before Council . It was moved by Councilmember Friedman to defer for one week. Councilmember Mitchell seconded. The motion died on a 3-3 vote. The question of neighborhood notification was raised. Mayor Hanks felt certain someone from the neighborhood had been notified in Mr. Miller's absence since the notification area is 350 ft. radius. It was moved by Councilmember Friedman to defer the item to March 18. The motion died for lack of a second. It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to adopt Ordinance No. 1849-91 entitled "An ordinance amending the St. Louis Park ordinance code relating to zoning by amending Section 14-185.08" The motion passed 6-0. 8c. Transfer of funds; severance policy 2rd reading of ordinance transferring Ordinance No. 1850-91 funds for salary adjustments and severance pay policy It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Ordinance No. 1850-91 entitled "Ordinance authorizing the transfer of funds and providing appropriation for salary adjustment for non-union employees and Minnesota Teamsters Public and Law Enforcement Local No. 320 for year ending December 31 , 1991 and to provide funding for a severance program for employees laid off due to economic conditions." The motion passed 6-0. 8d. Facilities use Resolution authorizing Mayor and Resolution 91-43 City Manager to execute agreement with School District 283 re use of facilities for School District and City program 111 It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-43 entitled "Resolution authorizing agreement between the City of St. Louis Park and School District #283 relating to use of facilities for Community Education and Parks and Recreation programs." -24- City Council meeting minutes Feb. 25, 1991 Councilmember Haun said he had no problem with this item; however, he was aware of some negative feelings from City advisory councils and the School III Board. He wondered if time should be allowed for additional input from advisory boards. Councilmember Tschida said hours and hours had been expended by Council and the School Board. It was her feeling it was time to act. There had been ample opportunity over the many months for input from other groups to have been offered. Mayor Hanks noted that before Council was a facilities use plan which had no relevance to the other concern under consideration. The motion passed 6-0. 8e. 1991 recycling program Grant application to Hennepin County Resolution 91-44 for funding of 1991 residential curbside recycling program It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to adopt Resolution 91-44 entitled "Resolution authorizing the execution of an agreement between the City of St. Louis Park and Hennepin County for funding assistance for a residential curbside recycling program in 1991 ." Councilmember Friedman was concerned about the City' s progress in getting townhomes and condos included in a recycling program. III Bob Larson, hrecycling coordinator, gave a status on the task force efforts. In essence, /-paid a notice has gone out to all condos, townhomes and 4 thru 8 unit apartment complexes offering curbside service through BFI starting Mar. 1 , 1991 . With regard to larger complexes, through a joint effort with Hennepin County, a notice will be sent in 30-45 days informing them a task force is to be developed with the intent to institute such a recycling program by July 1 , 1991 . Councilmember Friedman did not understand why the City had to wait for a County mandate if complexes were ready to begin. The motion for adoption of the resolution passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to direct the City Manager and staff to work with condo associations to get a recycling program underway. The motion passed 6-0. 8f. Wilkins rezoning First reading of ordinance re rezoning of Westinghouse site It was moved by Councilmember Friedman, seconded by Councilmember Haun, to remove the item from the table. Motion passed 6-0. III -25- City Council meeting minutes Feb. 25, 1991 Mr. Dixon gave a brief update on this item. Chris Dietzen, attorney for the applicant and Mr. Wilkins were present. They requested no further delays in this matter as it is costing them some $20,000/mo. Councilmember Battaglia expressed his concern that the City was getting into rezoning for financial reasons rather than for land use reasons. He felt PUD was an appropriate use rather than 1-2. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to approve first reading, set second for March 4, 1991 and authorize summary publication. The motion passed 5-1 (Councilmember Battaglia opposed) . 8g. Legal description Resolution clarifying legal description Resolution 91-45 for Mandel/Richatti property It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to approve Resolution 91-45 entitled "A resolution to clarify legal descript- ions of City property previously approved for sale by Ordinances No. 1551 and 1562 covering Lots 1 and 2, Block 1 , Irwin Mandel-Neil Boderman Addition" The motion passed 6-0. 8h. Wellington lawsuit Resolution authorizing Mayor and City Resolution 91-46 Manager to execute agreement in Wellington lawsuit It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution 91-46 entitled "A resolution authorizing execution of a settlement agreement among the City, Wellington Trust Co. and Klodt, Inc. , Contract No. 1991 The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. 36th St. reconstruction City Engineer's report: W. 36th reconstruct- Resolution 91-47 ion from Texas Ave. to Phillips Pkwy. 't was moved by Councilmember Mitchell , seconded by, Councilmember Battaglia, to adopt Resolution 91-47 entitled "Resolution accepting City Engineer's report, establishing City Project 90-33 and setting improvement hearing date." The motion passed 6-0. 9b. W. 36th/Boone Ave. lift station City Engineer's report: W. 36th St./Boone Resolution 91-48 Ave. lift station and forcemain recon- struction It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Resolution 91-48 entitled "Resolution accepting City Engineer's report, establishing and ordering Project 86-02, approving project plans and specifications and authorizing advertisement for bids." The motion passed 6-0. -26- City Council meeting minutes February 25, 1991 9c. Franklin Ave. reconstruction Plan update III It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to direct staff to hold a neighborhood meeting.' The motion passed 6-0. 9d. MnDOT agreement County Road 25 at France Ave. Mr. Grube gave a brief update and timetable. Councilmember Tschida asked how this dovetailed with Barton-Aschman plans. Mr. Grube said Barton-Aschman has reviewed the design proposal in front of Council and also reviewed it at a recent study session. He believed Barton-Ashman accepted the Council ' s action of Aug. 1989 and it would appear they have no alternate for the project based on that Council action. Councilmember Friedman noted a neighborhood meeting on Hwy. 7 was set for Mar. 21 . He found it odd to approve a proposed plan this evening and then go ahead with a neighborhood meeting. Councilmember Mitchell recalled the crux of the issue being could MnDOT just proceed without Council input, approval , etc. He recalled it was determined MnDOT could not proceed without Council approval . He thought with Barton- Aschman involved, there was the potential for a design that both- the City and neighborhood would like. He saw the issue as being (1 ) bite the bullet, III accept this proposal and go along with the State; or (2) let the State go and be prepared to fund an improvement ourselves with reduced State assistance. Mayor Hanks said that this almost identical plan was approved before and then went nowhere because of neighborhood dissent. He wondered what kind of message MnDOT would be getting from a denial tonight. Jerry Chester, 2816 France; Jim Ramlin, 2808 France and Sarah Younger, 2810 Glen- hurst addressed Council to express their concerns and ask questions. Councilmember Mitchell wondered if putting a decision off for a month would make a difference allowing for input from Barton-Aschman. Mr. Grube said a one month delay would cause a one month delay in the bid letting presently scheduled for Mar. 22. He opined that Hennepin County Board of Commissioners would probably withhold approval pending City approval . Mayor Hanks asked if Councilmember Mitchell was suggesting that if the neighborhood approved a Barton-Aschman plan, that the State then be asked to fund it. Councilmember Mitchell said correct. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to defer the item to April 1 , 1991 . III Councilmember Battaglia noted that when this previously came before Council , MnDOT gave to the City everything it asked for. He felt it important when conferring with MnDOT to assure them the City is working as expeditiously .as possible to resolve the issue. -27- City Council meeting minutes Feb. 25, 1991 III Mayor Hanks said he could support a deferrment to April 1 ; however, when meeting with Barton-Aschman, can they show us what could not be done in the MnDOT proposal that affect BA's plan. The motion passed 6-0. 9e. 1990 curbside recycling report It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to receive the report for filing. The motion passed 6-0. 9f. Chemical Awareness funding Request for funding from Chemical Awareness and Education Committee Mayor Hanks said he had done some investigation since Council had studied the item. He suggested a letter be written requesting Community Education fund this proposal out of their reserves. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, that the City request Community Education to look at funding this program for both the City and School Board. The motion passed 6-0. III 9g. Hwy. 7 neighborhood meeting It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to direct staff to schedule a meeting for March 21 , 1991 . The motion passed 6-0. 9h. Housing Authority minutes Jan. 8 9i . Planning Commission minutes Feb. 6 9j. Board of Zoning Appeals minutes Dec. 27 9k. Cable TV Advisory minutes Jan. 24 91 . January 1991 financial report Items 9h-91 filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to accept Herb Schechter' s resignation III from the Planning Commission and that an appropriate letter of thanks be sent to him. The motion passed 6-0. -28- City Council meeting minutes Feb. 25, 1991 lOb. Al 's liquor license renewal It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, III to approve the renewal . The motion passed 6-0. k NEW BUSINESS lla. West Hennepin Intervention 1991 contract By consent, staff authorized to execute contract. llb. Well 3 reconditioning Councilmember Friedman noted there Resolution 91-49 was a differential from the engineer's estimate to the work being performed for about $13,000+. He asked if the Water Utility Operating budget, from which these monies would come, was a well-funded fund. Mr. Dixon said the Water and Sewer Fund was in sound condition. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve the bid tabulation_and to adopt Resolution 91-49. The motion passed 6-0. llc. Southwest NAACP The City had been request to take III an ad in a program from this organization for an upcoming banquet. Councilmember Friedman was not aware of any City policy governing these sorts of requests. He felt there should be. It was the consensus of Council to direct staff to proceed with development of a policy. lld. Refinancing bonds It was moved by Councilmember Friedman, seconded by Councilmember Battaglia for the refunding of the 1980 housing revenue bonds as discussed earlier and that the- City entertain bids from underwriters and to approve Springsted as the City's financial consultant. The motion passed 6-0. MISCELLANEOUS a. Damage claims Barry Cytron Kenneth Greer Mike Ekegren By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks complimented staff on the Project Status Report. He appreciatedIII being kept up to date on the various projects throughout the City. 12c. Communications from City Manager None. -29- City Council meeting minutes Feb. 25, 1991 CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, approval of verified claims prepared by the Director of Finance, dated Feb. 25, 1991 in the following amounts: Vendor claims: $615,330.82; payroll claims $17,095.65, and staff authorized to distribute checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 10:25 p.m. � // W /44- a Mayor :1-Y'L )V 4).s\ -6-1 Recor ing Secretary 111 11/ -30-