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HomeMy WebLinkAbout1992/10/20 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October 20, 1992 111 1 . Call to order The meeting was called to order by Mayor Hanks at 7:30 p.m. 2. Presentations None. 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Gail Dorfman and Lyle Hanks. Also present were the City Manager, Deputy City Attorney, Director of Public Works, Director of Community Development and City Assessor. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to approve the minutes of October 5, 1992 meeting with the following correction: page 125 delete the sentence immediately above the passage of the motion. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for October 20, 1992. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda for October 20, 1992 with the addition of lld. AMM Governance Reorganization. The motion passed 7-0. PUBLIC HEARINGS 6a. Permanent traffic signal Park Place Blvd. (Vernon Ave. )/Gamble Resolution 92-155 Drive 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 Haun, to adopt Resolution 92-155 entitled "Resolution ordering improvement Project 90-49, approving plans and specifications and authorizing receipt of bids for construction of a permanent traffic signal system." The motion passed 7-0. -131- City Council meeting minutes October 20, 1992 6b. Assessment hearing, Project 88-26 Paving, curb, gutter, storm sewer, Resolution 92-156 street lighting on Dakota Ave. III north of TH 7 and north frontage road of TH 7, 800 ft. east to 200 ft. west of Dakota There being no one wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 92-156 entitled "Resolution adopting assessment Improvement No. 88-26, paving, curb, gutter, storm sewer, lighting." The motion passed 7-0. 6c. Assessment hearing, Project 90-33 Street reconstruction, W. 36th St. Resolution 92-15/ between Texas Ave. and Phillips Pkwy. The City Assessor explained the assessment breakdown of this project. Al Lampe, owner of the office building abutting the project, addressed Council to contest his assessment. After lengthy discussion, Mayor Hanks said it was a situation wherein the difference was in the estimated project cost and what the project was actually bid at -- in actuality, the project cost came in under bid. He felt Mr. Lampe III was asking if the $29.00/front foot should remain and whether or not the sidewalk should be assessed to property owners because in the past sidewalks have been installed around the City with no assessment. The overage on the road construction was picked up by State Aid. Councilmember Friedman sought equity in this situation. He felt the roadway mainly serves Knollwood, Target and motorists heading towards Hwy. 169. He also concurred with the Mayor that properties should not be assessed for the sidewalk. Paula Foley, general manager of Knollwood Mall , objected to the interest rate charged on the special assessment. She distributed a letter to that effect to Council members. There being no one further wishing ' to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 92-157 entitled "Resolution adopting assessment, Improvement No. 90-22, street reconstruction" deleting the assessment to private properties for the sidewalk and reducing the street assessment from $29.00 to $27.50/ft. Councilmember Jacobs questioned what, if any, precedent might be set by this ill action. Councilmember Meland felt a precedent was not being set. He referenced a project of a year ago, an alley assessment, of similar nature. On streets such as Louisiana, Texas, France Ave., residential properties have not been assessed, commercial have. -132- City Council meeting minutes October 20, 1992 111 The motion passed 7-0. PETITIONS, REQUEST, COMMUNICATIONS None. • RESOLUTIONS AND ORDINANCES 8a. City Charter Corrections in grammar/punctuation Ordinance No. 92-1898 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Ordinance No. 92-1898 entitled "An ordinance amending various sections of the St. Louis Park Home Rule Charter to correct certain errors in punctuation and grammar." The motion passed 7-0. Mayor Hanks was concerned that so much work had been done on the Charter, it was now presumably all correct, and what would the Commission' s assignment be. The City Manager said the Commission, in collaboration with the City Manager's office and the City Attorney' s office, is researching where any Charter-related 111 changes are needed as a result of the last session of the Legislature; therefore some meaningful work is in process. 8b. ROW - W. 26th St. Hold harmless variance Resolution 92-158 It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 92-158 entitled "Resolution indemnifying and holding harmless the State of Minnesota for actions arising from the granting of a variance on S.A.P. 163-279-05." The motion passed 7-0. 8c. Temporary winter parking restrictions Alabama and Blackstone Resolution 92- 159 In answer to a question from a resident of the neighborhood, the City Manager reviewed the recommendation. The City Manager suggested the resolution be amended to insert the phrase "on-street." Councilmember Friedman asked how 2" of snow was to be determined. Mr. Grube said it was staff's intention that the measurement be made at the street by the Street Department. He felt there had to be a better way -- listening to the radio, for example, and moving one' s car when it broadcast 2" had fallen. How is everyone going to be notified when it's 2"? -133- City Council meeting minutes October 20, 1992 Mr. Grube said they anticipated starting snow removal at 4:00 a.m. arriving on Blackstone and Alabama approximately 8:00 a.m. The object is to get the snow removed and avoid ticketing. Councilmember Friedman suggested the City do go by the radio using it as the standard. He suggested the City look into the program offered by WCCO. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-159 entitled "Resolution authorizing temporary parking restrictions along Alabama Ave. and Blackstone Ave. from Minnetonka Blvd. to W. 27th St." as amended. The motion passed 7-0. 8d. Miracle Mile Minor amendment: Intercity Investments, Resolution 92-160 delete undergrounding requirement It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 92-260 entitled "A resolution rescinding Resolution 89-07 adopted on Jan. 3, 1989 granting special permit under Section 14-124.01 of the St. Louis Park Ordinance Code relating to zoning to allow modifications to the condition on undergrounding of utilities at 5003-5425 Excelsior Blvd. and 4995 Excelsior Blvd." and accepting alternative 3 in staff' s recommendation. The Deputy City Attorney, with reference to State Statutes, felt it might be appropriate for the Council to clarify if the proposed amendment to theIII special use permit should be reworded to provide specificity and clarity to read at the applicant' s expense if, in fact, that is Council 's intention carried forward from the year of initial adoption. The City Manager concurred, noted this language could be inserted in condition 20b. Larry Berg, representing the owner, addressed Council , said this action had come about by their predecessors, which is why they missed the deadline. To that end, the owners have not budgeted for this expense as well as being concerned that this would affect the Center' s competitiveness. Mayor Hanks clarified the amendments in 20b: delete October 31 , 2002 and change three years to five years. The motion passed 7-0. 8e. Park Nicollet Medical Center Matters related to sidewalk stairway Resolutions 92-161 ; 92-162 1 . Special permit minor amendment It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 92-161 entitled "A resolution rescinding Resolution 86-61 adopted on May 19, 1986 and granting special permit under SectionIII 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to allow construction of an outside stairway at 5000 W. 39th St." The motion passed 7-0. -134- City Council meeting minutes October 20, 1992 III2. Elimination of parking on a portion of 39th St. It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 92-162 entitled "Resolution authorizing implementation of parking restrictions along W. 39th St. at 5000 W. 39th St. and 5050 Excelsior Blvd." The motion passed 7-0. 8f. Trespass at schools First reading of ordinance It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve first reading, set second for Notember 2, 1992 and authorize summary publication. The motion passed 7-0. 8g. USEPA soil remediation study Resolution 92-163 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-163 entitled "A resolution rescinding Resolution 87-82 adopted on July 6, 1987 and granting special permit under Sections 14-124. 101 and 14-123. 100(2) of the St. Louis Park Ordinance Code relating to zoning to allow a soil remediation study facility at 3500 Louisiana Ave." III The motion passed 7-0. 8h. Tamarind Resolution calling for publication Resolution 92-164 of notice and public hearing It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 92-164 entitled "Resolution relating to the issuance of rental housing revenue refunding bonds, calling a public hearing and authoriz- ing an agreement as to indemnity and payment of expenses in connection therewith." The motion passed 7-0. Councilmember Friedman asked the status of an ordinance allowing the city to have control over selection of bond counsel . The City Manager said the Council had discussed an application form for efforts 1i'<e this so uniform information is received from interested applicants. That is set for discussion at the Nov. 9, 1992 study session. As regards pre-qualification of applicants, bond counsel Paul Tietz said he was not aware of his office considering this on the Council ' s behalf. 8i . Sandoz Nutrition Minor amendment for security fence at 5320 W. 23rd St. 111 It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 92-165 entitled "A resolution rescinding Resolution 87-69 adopted on June 15, 1987 and granting special permit under Section 14-124 of the St. Louis Park Ordinance Code relating to zoning to allow a security fence at 5320-5330 W. 23rd St." The motion passed 7-0. -135- City Council meeting minutes October 20, 1992 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Beltline Business Park Proposed zoning ordinance John McCain and Bill Thibault addressed this item. Their concern was the proposed zoning change which would adversely affect the business park's ability to change uses of the property. Currently the property is zoned I-2 and it was their wish it remain so. The mix of I-2 includes retail , sales and service facilities and office. They viewed the proposed zoning mf I-2 to be racically different in that it would not allow any retail , sales and service uses, either outright or with special permit. They were particularly concerned because Beltline Business Park may be nearing completion of its economic and physical life. They had two solutions: leave the I-2 uses that are allowed in that area to continue in the future; secondly, if the former is too drastic, to allow retail sales and service uses by conditional use under the PUD. Mr. Hagen said the Planning Commission' s review reaffirmed staff's recommenda- tion to maintain the industrial zoning. He noted the area is in transition and at some point deserves more thorougl1 stedy. They were concerned that if retail and service types of use , ait odes 'likely this would result in piecemeal redevelopment rather than overall redevelopment. The Deputy City Attorney pointed out that any amendments to ai I-P in general would be applicable to all I-Ps. is enacted Mr. Hagen said if a major change/ such as this to the industrial zoning district, the Comprehensive Plan would need to be revisited. Councilmember Mitchell said he had a lot of questions and was not prepared to vote on this request this evening. He would like to have an overview of what this area looked like 10 years ago in terms of the uses. Has a pattern developed? How and where would this impact other areas of the City? He felt it appropriate to send the matter to a study session for further discussion. It was moved by CouncilmembertMitchell , seconded by Councilmember Haun, askew that an invntmatter f businesses inmtne arrea be provid'ec. foretiat 'meting. Councilmember Haun ng. The motion passed 7-0. 9b. Housing Authority minutes Sept. 15 9c. Planning Commission minutes Sept. 30 9d. September 1992 financial report Items 9b-9d filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, -136- City Council meeting minutes October 20, 1992 to appoint Roger Israel to the Fire Civil Service Commission. The motion passed 7-0. NEW BUSINESS lla. Utility control panel Consultant selection Resolution 92-166 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-166 entitled "Resolution accepting the City Engineer' s report, establishing Improvement Project No. 92-12, ordering Improvement Project No. 92-12, authorizing execution of agreement with Tolta, King, Duvall , Anderson and Assoc. , Inc." The motion passed 7-0. lib. Bid tab, Project 90-84(a) Fabrication and delivery of steel ped- Resolution 92-167 estrian bridge, 37th & Aquila It was moved by Ccuncilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 92-167 entitled "Resolution accepting bid and authorizing execution of a contract for Improvement Project 90-84(a) : Fabrication and delivery of steel pedestrian bridge." The motion passed 7-0. llc. Bid tab: Project 90-84(b) Pedestrian bridge installation, Resolution 92-168 concrete sidewalk, bituminous trail , 37th & Aquila By consent, adopt Resolution 92-168 entitled "Resolution accepting bid and authorizing execution of contract for Improvement Project No. 98-84(b) : Pedestrian bridge installation, concrete sidewalk and bituminous trail ." lld. AMM Metropolitan government reorganization Councilmember Meland said this item has been discussed over a period of time in a number of different ways. He wondered if the Council wished to review it and take a position prior to Oct. 29 or let the AMM Board of Directors carry it themselves. He believed the Council ' s position in the past was to reject an elected Metropolitan Council . He wondered if the Council was of another mind at this point. Mayor Hanks noted this was on the Oct. 26 study session agenda. MISCELLANEOUS 12. Damage claims - None 111 12b. Communications from the Mayor Mayor Hanks said the Minneapolis Park and Recreation Board was requesting the City to appoint a resident to serve on a Citizens Advisory Com- mittee to address water quality. He asked Council to be made aware of anyone -137- City Council meeting minutes Oct. 20, 1992 interested in serving. III He noted the AMM policy enactment meeting is scheduled for Nov. 5. He and the City Manager will be attending. Mayor Hanks said he had received another letter from Bob Long stating the City had not adopted a resolution supporting a constitutional amendment dedicating 2t to property tax relief. He was not seeking action this evening. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims The list of verified claims prepared by the Director of Finance dated October 20, 1992 was approved in the following amounts and the City Manager and City Treasurer directed to issue checks in the appropriate amounts: Vendor claims: $952,555.73 and payroll claims: $20, 185.10. 14. Adjournment The meeting adjourned at 9:40 p.m. 44.--4,---- Lyl Hanks III � {Wgn etre ary 11 • 111 -138-