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HomeMy WebLinkAbout1991/04/01 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA IIIApril 1, 1991 1 . Call to order The meeting was called to order at 7:35 by Mayor Lyle Hanks. 2. Presentations None 3. Roll call Present at roll call were: Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were City Manager Bill Dixon, City Attorney Lee Sheehy, Director of Public Works Jim Grube, Director of Community Development Dave Hagen, MIS Coordinator Clint Pires, Director of Inspections Harvey McPhee and Finance Director Harlan Syverson. 4. Approval of minutes It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the minutes of the March 18, 1991 study session. The motion passed 6-0-1 (Councilmember Haun abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to approve the City Council meeting minutes of March 18, 1991 . The motion passed 6-0-1 (Councilmember Haun abstained) . It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the minutes of the March 20, 1991 study session. The motion passed 6-0-1 (Councilmember Haun abstained) . 5. Approval of the agenda It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the consent agenda for April 1 , 1991 . The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the agenda for April 1 , 1991 . The motion passed 7-0. PUBLIC HEARINGS 6a. General Mills Restaurants Request of General Mills Restaurants for a special permit to allow a Class I restaurant at 5755 Wayzata Blvd. (Olive Garden) 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 accept the letter of withdrawal from the applicant. The motion passed 7-0. -44- City Council meeting minutes April 1 , 1991 6b. Liquor license: General Mills Restaurants 5755 Wayzata Blvd. III 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 Meland, seconded by Councilmember Mitchell , to accept the applicant's withdrawal . The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Water rate adjustment Ordinance No. 1853-91 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 1853-91 entitled "An ordinance amending the St. Louis Park Ordinance Code: Section 9-101 Water Rates." The motion passed 7-0. 8b. Private housing inspectors Councilmember Friedman said it had been brought to his attention that III this ordinance, which includes rental housing, could become a terribly expensive proposition for rental housing owners in the event people move frequently from their properties. It seemed prudent to him that the City opt out rental units from the ordinance under consideration, and give the Council time to review the options that exist. He suggested it might be some kind of an ordinance whereby rental property owners get one inspection which would be in effect for a specified period of time -- a year, two years or whatever -- or an inspection would be sooner if the property is sold. This would relieve them of the cost of inspections every time someone moved out. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to strike from the ordinance before Council any references to rental housing and to consider that as a separate ordinance. He said inspections would remain as presently in the existing ordinance until such time as staff has time to review with input from rental property owners and Council . The following people addressed Council : Tom Powers, 2241 Hampshire Ave. So. ; Larry Kirchner, 1300 Melrose Ave. ; Gail Mattson, 470 W.E.L.D. ; Jay Sonderberg, 3156 Florida Ave. So. ; William Putnam, 3172 Hillsboro Ave. So. t•lr. Powers was upset that no notification of tonight' s meeting on this issue had appeared in the Sailor. III Councilmember Friedman explained that outside of paid advertisements, the City has no control over what is published in the Sailor. He said the Council hopes the paper would find some of the issues coming before Council to be -45- City Council meeting minutes April 1 , 1991 important enough to be published, but it has no control over that. He said the City of St. Louis Park has been subsidizing housing inspections. In Minneapolis, the housing inspections cost approximately what the City is proposing will be paid here. The Council does not feel it is right for anyone in the City to have to subsidize others who want to, have to sell their homes. He felt government has a responsibility in instances such as inspection fees to charge the market rate and not have to subsidize if it can be avoided. Admitedly this has come up quickly, in part due to severe cuts in Local Government Aid and the Council is trying to exercise some rationale for not having to continue to raise taxes even though the City is being cut )y the State. not Councilmember Mitchell wanted it noted that Council had/maneuvered something apart from the task force. The input from the task force will be taken into consideration. He felt it would be appropriate for the task force to back off at this point. Councilmember Tschida commented that Council will take no action on inspections by private inspectors of rental properties until the task force submits its report. She said one of the original reasons for the ordinance re inspection of rental properties was not to gouge landlords; rather, to try to help tenants. Larry Kirchner, task force committee member, was asking that Council defer action on the ordinance before Council and hold it for consideration with the rest of the ordinances that the committee was charged to deal with, review and report recommendations back to Council . Mayor Hanks could not agree to a 6-8 week delay because people throughout the community need to sell homes and they can't wait this period of time for an inspection. Mr. Kirchner noted that he felt it was an option to the seller to accelerate the process by spending the extra money to have a private inspection rather than wait on the schedule for a City inspector. "n commenting on the proposed language in the ordinance, the City Attorney said a procedural option would be to direct staff to revise the ordinance to implement the Council ' s wishes which he understood to be limited to owner occupied single and two-family homes, delete any references to rental and expedite publication of notice. The amendment as suggested by the City Attorney was so moved by Councilmember Friedman, seconded by Councilmember Jacobs. The motion passed 7-0. 8c. Scattered site acquisition Resolution authorizing execution Resolution 91-71 of cooperation agreement (scattered site acquisition units) It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-71 entitled "Resolution authorizing execution of a cooperation agreement." -46- City Council meeting minutes April 1 , 1991 Councilmember Mitchell supported the thrust but could not support the format. III He did not believe the City had done enough to pursue the voucher issue. He was not critical of staff. He felt we were jumping too quickly to get into the ownership position. Councilmember Tschida was strongly in support of this program. She noted the program had been in effect in the City for some 20 years and has worked well and unlike the voucher program provides for large families for whom market rent is impossible. The motion passed 6-1 (Councilmember Mitchell opposed) . 8d. Comprehensive Plan Resolution approving Resolution 91-72 Tony Gleekel , attorney representing Fine Properties, spoke. He wanted to comment on two of Fine's properties which were to be redesignated under the Comp Plan. For the property on W. Lake St. , they were requesting a designation of low intensity retail which is not allowed in the CR-30, the proposed designation. Mr. Hagen discussed the background and rationale for the designations in this area. Mr. Gleekel referred to the other property, an auxiliary parking lot at Minnetonka/Texas. They were requesting this be designated as auxiliary parking, a necessity for the shopping center. III It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt resolution 91-72 entitled "A resolution approving the 1990 amendments to the Comprehensive Plan of the City of St. Louis Park." :ouncilmember Friedman, to clarify, said the amendment intensified the use of the Fine property on Lake St. from what it previously was. Mr. Hagen said that was correct. Councilmember Friedman added that the designa- tion of the parking lot on Texas as R-11 also represented an intensification from what the property previously was designated. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Profits: Lawful gambling City use of funds derived from net profits of lawful gambling It was moved by Councilmember Meland, seconded by Councilmember Haun, that the monies paid to the City by the various organizations be placed on the claims list of April 15, 1991 and returned to them as soon as possible. The motion passed 7-0. III 9b. City Engineer's report Proj. 83-16 (paving, curb/gutter) ; Resolutions 91-73, 91-74, 91-75 Proj. 88-10 (storm sewer) ; Proj. -47- City Council meeting minutes April 1 , 1991 III 87-25 (street lighting) ; Proj. 90-21 (traffic signal ) : T.H. 7/Dakota, east of Wooddale Councilmember Jacobs left the chambers. Mr. Grube provided an overhead and brief explanation of the proposed projects. In answer to a question from Councilmember Mitchell , Mr. Grube explained how previous discussions and proposed plans rolled over into this new frontage road proposal . Councilmember Tschida asked if there were any conflict between the proposed design and the urban concept. Mr. Grube said that from the design elements proposed by the urban design team staff had half a dozen alternatives for serving the immediate area. In providing for the design elements, staff has kept each of the options open depending upon the future designation for service to the area. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to adopt the following resolutions: 91-73 entitled "Resolution accepting the City Engineer's report, establishing Project Nos. 83-16, 88-10, III 87-25 and 90-21 , ordering the improvements, approving project plans and specifications and authorizing advertisement for bids for Project Nos. 83-16, 88-10, 87-25 and 90-211'; No. 9 174 entitled "Resolution request- ing State funds for construction of the south frontage road of T.H. 7 improvements from Dakots Ave. to a point 1200 ft. east of Wooddale Ave."; and 91-75 entitled "Resolution seeking MnDOT authorization to appropriate MSA funds to T.H. 7 frontage road improvement project No. S.P. No. 2706-177 and 2706-110 (State projects)/S.A.P. No. 163-010-27 and 163-280-17 (City projects)". The motion passed 5-1 (Councilmember Friedman opposed) . 9c. Project 88-26 City Engineer' s report: Paving, Resolution 91-76 curb/gutter, T.H. 7/Dakota, west of Wooddale It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-76 entitled "Resolution acdepting the City Engineer's report, terminating special assessment proceedings initiated under Resolution 89-180, establishing Project 88-26 and setting an improvement hearing for Project 88-26, the north frontage road of T.H. 7 and Dakota Ave." The motion passed 5-1 (Councilmember Friedman opposed) . IIICouncilmember Jacobs returned to chambers. 9d. T.H. 7/France Ave. Agreements with MnDOT Resolutions 91-68, 91-69, 91-70 Councilmember Mitchell felt the City had two choices: to insist and -48- . City Council meeting minutes April 1 , 1991 legally pursue the question of whether or not MnDOT can go ahead with the project without City approval ; and the other option is to approve III the project and participate with the promise on the part of Mr. Crawford that he would treat any improvment the City might be looking to in a year or two as a priority and would work vigorously to try to find funding for it. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt the following resolutions: 91-68 entitled "Resolution approving State project 2707-09, 10 (712), Fed. Proj. F-BRF 078-2 (54)"; 91-69 entitled " Resolution authorizing execution of agreement No. 67355 with the MnDOT providing for the improvement of County State Hwy. 25 (formerly T.H. 7)"; and 91-70 entitled "Resolution authorizing execution of agreement No. 67881 with MnDOT providing for the improvement of County State Highway No. 25 (formerly T.H. 7) ." The motion passed 7-0. 9e. T.H. 7/Louisiana Ave. Request for neighborhood meeting By consent, direct staff to hold neighborhood meeting. 9f. Single family mortgage revenue bonds Possible refunding Mr. Dixon reviewed this matter briefly. Kathy Aho, representative of Springsted, said her firm was recommending III Miller & Schroeder' s bond underwriting proposal be accepted. A lengthy discussion followed delving into the complexities of the various bond proposals submitted. Mark Kaplan, Norwest, and Frank Fallon of Dain, Bosworth Inc. , were present to address this item. It was moved by Councilmember Tschida, seconded by Councilmember Meland, to accept the recommendation of Springsted that Miller & Schroeder be designated the City's investment banker in conjunction with refunding of 1980 single family mortgage revenue bonds. Councilmember Tschida felt the questions being asked were legitimate and perhaps needed to be asked; however, she felt she had little expertise in this area and that was why Springsted was hired and that the City had a qualified staff to make such recommendations. Councilmember Friedman felt he had the right to question proposals such as this. It was the lack of standardization in the various proposals that was confusing to him. On a roll call vote, the motion passed 5-2 (Councilmembers Jacobs, Meland, Mitchell , Tschida and Mayor Hanks in favor; Councilmembers Haun and Friedman opposed) . g. Planning Commission minutes Feb. 21 , 1991 -49- City Council meeting minutes April 1 , 1991 h. Planning Commission minutes Mar. 6, 1991 i . Planning Commission minutes Mar. 20, 1991 By consent, minutes received for filing UNFINISHED BUSINESS 10a. Boards and commissions No business. NEW BUSINESS lla. Board of Equalization By consensus, Council will meet on April 1 , 1991 at 7:25 to hold its initial Board of Equalization meeting. MISCELLANEOUS 12a. Damage claims Ulrike Toombs By consent, claim referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks reviewed the schedule of upcoming meetings. He reminded Council of a State tax hearing scheduled for April 3. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, approve the list of verified claims prepared by the Dir. of Finance dated April 1 , 1991 in the following amounts: Vendor claims: $553,860.13 and payroll claims $21 ,794.57, and that checks be distributed. 13b. Contract payments - Final Resolution 91-77 1 . E. H. Renner Construction, monitor well construction. Amount: $2,235.48 By consent, adopt Resolution 91-77 entitled "Resolution accepting work ' on construction of groundwater monitoring wells." 14. Adjournment The m ting adjou ned at 10:55 p.m. 111 Mayor 014(f6Ar Re or. ' g Secretary -50-