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HomeMy WebLinkAbout1992/11/16 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 16, 1992 1 . Call to order The meeting was called to order by Mayor Hanks at 7:30 p.m. 2. Presentations Mayor Hanks introduced and presented a proclamation to Dennis Koslowski , Olympic Silver Medalist and resident of St. Louis Park. November 16, 1992 was declared "Dennis Koslowski Day" in the City. The Mayor then presented certificates, plaques and Norfolk pine trees to the Fall Evergreen Award winners. 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, City Attorney, Director of Public Works, Director of Community Development, City Assessor, Asst. Dir. of Finance and Personnel Officer. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the Nov. 2, 1992 City Council meeting. The motion passed 5-0-2 (Councilmembers Dorfman and Meland abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the Nov. 9, 1992 study session. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the special Nov. 9, 1992 Council meeting. The motion passed 7-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda. The motion passed 7-0. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to approve the agenda with the deletion of item 8e. The motion passed 7-0. -144- City Council meeting minutes November 16, 1992 PUBLIC HEARINGS III 6a. Special permit: Steve Gilbertson Permit office in R-4 District Resolution 92-175 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. In answer to a question re construction of a fence, Mr. Hagen said the resolution could be modified to reflect in item 3 that the improvements be completed by a certain date, perhaps next Spring, to allow time to construct the fence. Councilmember Dorfman asked if there was enough room to accommodate six cars as would be called for in the proposed zoning ordinance. Mr. Hagen said that although the parking lot was in need of repair, it had been determined six cars could be accommodated. Councilmember Mitchell asked about neighborhood notification. Mr. Hagen responded that all property within 350 ft. of the parcel received written notification. It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-175, as amended, entitled "A resolution granting special permit under Section 14-141 (7) of the St. Louis Park Ordinance III Code relating to zoning to permit an office in the R-4 multiple family residence district located at 1405 Colorado Ave." The motion passed 7-0. 6b. Minneapolis Golf Club Special permit for driving range, clubhouse Resolution 92-181 addition and parking lot modifications. Joseph Belzer, 2078 Flag Ave. , Peg Reichmuth, 2040 Flag Ave. and Andy Morantz, 2054 Flag Ave. spoke in opposition to the proposal . Stanley Barton, 9301 W. Franklin, was in favor of getting the parking off the street and into the Club' s lot. John C erney, the Club' s architect and Steve Pederson, manager of the Club spoke in favor of the proposal . A question arose as to Stanley Barton disqualifing himself from voting on this matter in his capacity as a member of the Planning Commission. The City Attorney referenced a similar proposal coming up in 1990 and it was determined that Planning Commission actions are merely advisory to the Council . Also, under the terms of the City' s Charter, he would not be required to disqualify himself under the wording of the Charter which parallels State law. There the City Attorney' s office had opined there would not be a need for Mr. Barton to disqualify himself in terms of this matter coming before the Council. Action taken by the Planning Commission was advisory and the Council 's action is unrelated to Mr. Barton' s III status on the Planning Commission even if there was an issue raised. Councilmember Mitchell referred to Mr. Belzer' s statement that the zoning today would be inconsistent with future zoning which would impact the parking. -145- City Council meeting minutes November 16, 1992 111 Mr. Hagen stated that under the proposed zoning, the golf course use would be permitted whereas the club use of the property would not be permitted nor a conditional use. If the parking to be installed were for the club, which is not a permitted or conditional use, it could not be constructed. If the parking were to be constructed for the golf course itself, it could be constructed. Mayor Hanks read into the record statements from a letter from Lyle Eakins, 2048 Flag Ave. Steve Pederson, general manager, said that 71% of the membership had approved the plan. 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. Councilmember Friedman wondered why the issue was before Council when several years ago great effort was put forth to get the parking down next to the pool . Mr. Pederson said an initial request for 110 spaces was approved at 30 spaces which did not solve any problems and the Club did not proceed. Councilmember Jacobs questioned the need for such a large parking lot. Mr. Hagen said the zoning ordinance did not require any additional parking, it was strictly based on the Club's desires. He did acknowledge there was a problem with the amount of on-street parking occurring presently. Mr. Cerney indicated the size of the lot was mutually agreed upon by the City and the Club. Councilmember Mitchell was afraid people would continue to park on the street no matter what the size of the parking lot. In answer to a question from Councilmember Mitchell , Mr. Hagen said parking for the club use could not be added under the proposed zoning ordinance because a club use is neither a permitted nor a conditional use under the proposed zoning ordinance. Councilmember Mitchell asked if the club could petition for additional parking and say it was for the use of people playing golf and how would the City know the difference. Mr. Hagen said they could petition and that use would be permitted under the proposed ordinance. Councilmember Friedman asked if either the residents or the neighborhood has asked the club to get the parking off the street. Mr. Pederson said no, although there were complaints all the time. Councilmember Friedman said everyone who spoke doesn't want the parking lot. He wasn't sure how to vote. Councilmember Haun felt that from a safety standpoint, it was important to get the cars off the street. -146- City Council meeting minutes November 16, 1992 Councilmember Jacobs would like to look further at the parking lot issue. III It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 92-181 approving the driving range and clubhouse additions. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to not take action on the parking lot and continue the public hearing to Dec. 7, 1992 with staff directed to hold a neighborhood meeting in the interim. The motion passed 7-0. 6c. Assessment hearing Project 79-04, paving, curb, gutter at 1649 Princeton Ave. Dorothy Wickham addressed Council to protest the assessmeent. She pointed out that it apparently was an error on the part of the City that it didn't get on her tax statement, or rather that she had inadverently been credited. Councilmember Friedman saw in favor of Mrs. Wickham. 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. III It was moved by Councilmember Friedman, seconded by Councilmember Meland, that the City absorb the assessment. The motion passed 6-1 (Mayor Hanks opposed) . 6d. Delinquent fees Levying assessment Resolution 92- 176 Mr. George, former resident of 8515 W. 25th St. spoke. He sold the house in 1991 . He said he had received no house payments from June 1992 and an overdue utility bill . He was not--aware the tenant had not paid his utility bill , now $546 in arrears. Mr. George was never made aware of the arrearage. His question was- why would this amount be placed on property tax roll . He asked why water was not shut off. The Asst. Dir. of Finance said there is a State law preventing shutoff during cold weather. All assessment notices go to property owner. The City has tried to collect from the tenant with no success. Councilmember Jacobs asked what the City has done with similar situations that have come up previously. Mr. George said he had paid the final utility bill when he moved from St. Louis Park. III The Asst. Dir. of Finance said the arrearage becomes a lien against the property. -147- City Council meeting minutes November 16, 1992 Councilmember Mitchell asked if the real question was not if the City is obligated to turn the water off. He didn't think the question was that whatever is owed being held against the property, that is a long-standing procedure. Mayor Hanks asked that staff report back as to when the water can be turned off. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-176 entitled "Resolution levying assessment for delinquent water/sewer/refuse, nuisance abatements, tree removal and tree injection." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Traffic signal Cedar Lake Rd./Texas Ave. Many residents were present to discuss this item. Those in favor of retaining the signal included Arnold Goldberg, Jack Holmberg, Betty Zieman, Elaine Rogan, Robert Young, David Block. In apposition were a large contingency of people, for whom Nancy Gronseth served as spokes- person and presented a petition from residents opposed. Councilmember Mitchell gave some background information. He felt communica- tions had not been entirely clear in that the traffic signal was temporary. He felt resolution of this intersection was complex and not easily resolved. The construction of a signal , safety issues all remained large problems. Addressing this intersection is scheduled in the Capital Improvement program for 1994 and he was suggesting acceleration of the program to 1993. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to take no action concerning the temporary signal which would mean automatic removal as the City no longer has permission to have it there. And also that the process for review of traffic control at the intersection be expedited with the intent of placement of a traffic control as soon as poss- ible through a neighborhood process. Councilmember Jacobs noted a temporary easement was obtained for placement of the signal on one of the corner properties. He wondered if there were any way some type of temporary signal could be retained without the easement. Mr. Grube said if the Council wished to retain the signal , the pole and guide wire would have to be moved a few feet placing it in direct line of the sidewalk which would become impassable for pedestrians. -148- City Council meeting minutes November 16, 1992 Councilmember Dorfman was in favor of keeping the signal up on a temporary III basis, accelerating study of Cedar Lake Rd. and would like to see more figures on pedestrian traffic and how many people would be affected by the closing of the crosswalk. The motion passed 4-3 (Councilmembers Haun, Friedman and Dorfman opposed) . RESOLUTIONS AND ORDINANCES 8a. Easement vacation 4044 Webster Ave. Ordinance No. 92-1901 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Ordinance 92-1901 entitled "An ordinance vacating a portion of the utility easement on Lot 11 , Block 2, Suburban Homes Company's Addition (4044 Webster Ave. ) ." The motion passed 7-0. 8b. Gassen variance modification Modification to Resolution 92-134 Resolution 92-177 It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 92-177 entitled "A resolution rescinding Resolution No. 92-134 adopted on Sept. 8, 1992 and granting variance in side yard setback III from Section 14-148(7) of the Ordinance Code relating to zoning to permit a side yard setback of 9 ft. for a parking lot instead of the required 15 feet in the R-B Residential/Business District at 4501 Minnetonka Blvd." The motion passed 5-0-2 (Councilmembers Friedman and Jacobs abstained) . 8c. Tamarind Project Public hearing Resolution 92-178 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 92-178 entitled "Resolution amending Resolution 92-164 relating to the issuance of rental housing revenue refunding bonds, calling a public hearing and authorizing an agreement as to indemnity and payment of expenses in connection therewith." The motion passed 7-0. 8d. 1993 water/sewer/utility rates First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve first reading, set second for December 7, 1992 and authorize summary publication. The motion passed 7-0. 8e. Item removed from agenda 111 -149- City Council meeting minutes November 16, 1992 8f. Early Retirement Program Resolution 92-179 It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 92-179 entitled "Resolution authorizing the City's early retirement incentive program for calendar year 1993" Councilmember Haun had a problem, not with the concept, but with the lump sum payment to individuals moving out of the coverage area. As a taxpayer, he found that disturbing. Councilmember Friedman said it was his understanding from staff's report that the City actually can save money under this program. The motion passed 7-0. 8g. 1993 health insurance program Rebo1uLiuri 92-18& It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-180 entitled "Resolution establishing City contribution toward health, life and dental insurance for non-union/non-supervisory and supervisory employees for 1993." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Zoning Report from Planning Commission and recommendations 1 . Pawnbrokers It was moved by Councilmember Haun, seconded by Councilmember Friedman, to include recommended language in proposed zoning ordinance. Councilmember Mitchell had a problem with this item, feeling Council had lost its focus relating to pawnbrokers. He felt it was an invitation to pawnbrokers to locate in the City. He preferred such businesses to be located in the industrial district, not commercial . The motion passed 5-2 (Councilmembers Mitchell and Dorfman opposed) . 2. Amend language relating to conversion of special permit conditions It was moved by Councilmember Meland, seconded by Councilmember Friedman, to include recommended language in proposed zoning ordinance. The motion passed 7-0. 9b. Housing Authority minutes Oct. 13 9c. Board of Zoning Appeals minutes Oct. 22 9d. Planning Commission minutes Nov. 4 -150- City Council meeting minutes November 16, 1992 9e. October 21 Human Rights Commission minutes 9f. October financial report By consent, items 9b-9f ordered filed. UNFINISHED BUSINESS 10a. Boards and commissions - No business NEW BUSINESS None. MISCELLANEOUS 12. Damage claims - None 12a. Communications from Mayor Mayor Hanks said two Councilmembers needed to be appointed to the Community Education Advisory Council . Councilmembers Mitchell and Jacobs indicated their interest. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to appoint Councilmembers Mitchell and Jacobs to the Community Education Advisory Council . The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to appoint Parks and Recreation Director Cris Gears or his designee to the Community Education Advisory Council . The motion passed 7-0. Dates for interviews with City Manager candidates were discussed. March- 1 , 2 and 3, 1993 were tentatively set. 12b. Communications from City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated November 16 was approved and staff authorized to distribute checks in the following amounts: Vendor claims: $358,087.13 and payroll claims $16,910.82. 14. Adjournment The meeting adjourned at 10: 15 p.m. /0 6). Jaejit/ May, t I AA . -4) '=cor•i ng _ ecre' ary -151-