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HomeMy WebLinkAbout1992/06/15 - ADMIN - Minutes - City Council - Regular 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 15, 1992 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation honoring International Diabetes Center Day. The proclamation was accepted by Dr. Donald Etzwiller of the Center. 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell and Lyle Hanks. Staff present included the City Manager, Director of Public Works and Director of Community Development (Mr. Dixon, Mr. Grube and Mr. Hagen, respectively) .Also present was City Attorney Lee Sheehy. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the June 1 , 1992 City Council meeting. The motion passed 5-0-1 (Councilmember Mitchell abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the June 8, 1992 study session. The motion passed 5-0-1 (Councilmember Meland abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for June 15: The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda for June 15, 1992 with the addition of lOb. Council liaison to boards/commissions; 9h. Pedestrian bridge; and 9i . Fire Civil Service Commission (later in the meeting, it was determined that addition 9h. Pedestrian bridge related to agenda item 9b) . The motion passed 6-0. PUBLIC HEARINGS 6a. Storm sewer correction Improvement hearing, Project 92-06: Resolution 92-85 W. 24i St./Webster Ave. 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. -68- City Council meeting minutes June 15, 1992 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, III to adopt Resolution No. 92-85 entitled "Resolution ordering improvement Project 92-06 approving plans and specifications and authorizing receipt of bids for storm sewer reconstruction and extension at W. 242 St./Webster Ave." The motion passed 6-0. 6b. Street reconstruction Improvement hearing, Project 90-22: Reconstruction of W. 28th St. from Jordan Ave. east to cul-de-sac Therese Fontana-Flicek, 9212 W. 28th St. , spoke to this item. She and her neighbors wished to preserve the rural atmosphere of their neighborhood. Because of their large lots, any assessment will create a financial burden. They didn't feel putting in curb/gutter because the street was one of the few in the City without was good enough reason. Bill Woolhaven, 9000 W. 28th St. , commented the road was in poor shape and he'd like to see it improved. He questioned necessity of curb/gutter. Elmer Golsen, 8930 W. 28th St. , saw no need for a storm sewer as run-off from storms has never been a problem. 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. III Councilmember Mitchell said he was receiving mixed messages from the neighbor- hood -- some for, some against, some neutral . To clarify, Mr. Grube said the street condition was poor comparing it with other streets throughout the community. He said the assessment for curb/gutter and reconstruction would be $16.00/accessible foot and has remained at that figure for the seven years he has been with the City. He said that if the street is reconstructed with curb/gutter, a storm sewer would be required. Councilmember Mitchell remained unclear as to how many properties would be assessed. Mr. Grube responded 15. Mr. Mitchell said this project was going to be done -- it was not a question of if but when. He would like to see an attempt on the part of staff to get a clearer reading from individual residents as to their sentiments. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to reopen and continue the hearing to July 6, 1992. Councilmember Meland asked that staff provide an estimate of doing just the maintenance project on the street. The motion passed 6-0. III 6c. Frontage road street lighting I-394, Texas Ave. to Utica Ave. Resolution 92-86, 92-86a There being no one wishing to speak, the Mayor closed the hearing with -69- City Council meeting minutes June 15, 1992 the right of Council to thereafter reopen and continue it at a future 111 date. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 92-86 entitled "Resolution ordering improvement Project 89-09, approving plans and specifications and authorizing receipt of bids for street lighting along the south frontage road of I-394 from Texas Ave. to Utica Ave." and Resolution 92-86a entitled "Resolution requesting MnDOT authorization to appropriate Municipal State Aid Funds for off-system expenditure on the 1-394 south frontage road improvement Project No. 89-09, S.A.P. No. 163-010-31 ." The motion passed 6-0. 6d. American Youth Hostel Amendment to PUD plan to permit a 100-bed hostel and to delete a 36-unit apartment building The following individuals spoke in favor of the amendment: E. J. Honton, VP of National Board, American Youth Hostels; Ray Quinn, 5012 Thomas Ave. So. ; John Lawson, 4320 Browndale, St. Louis Park; Raleigh Kent, 2705 Raleigh, St. Louis Park; Bobbie Goldfarb, 4600 W. 29th St. ; Barry Schwabe, St. Louis Park; Mary Kazinski and Sharon Greenberg. David Kingman's position was neutral . Those opposed to the project included Mr. & Mrs. Spiegler, 4614 W. 29th, St. Louis Park; Cornell Moore, 2727 Dean Pkwy. , Mpls. ; Harold Goodman, 4550 Minnetonka Blvd. ; Douglas Peterson, 1809 Irving Ave. So. , Mpls. ; Dorothy Anderson, 2921 Natchez, St. Louis Park. After all had addressed the Council , Mayor Hanks closed the hearing with the right of Council to reopen and continue the hearing at a future date. Councilmember Friedman felt the question of financial viability had not been answered. He had no problem with hostels, per se; however, his operating philosophy is that the will of the people concerning a project must be taken seriously by the Council . The majority of the calls he received have been opposed to the hostel . In keeping with his philosophy, he believed he could not support the project. Councilmember Haun supported the youth hostel concept; however, his concern remained the density as proposed (100 beds) and if anything less than that was economically feasible. Councilmember Jacobs viewed the matter as a land use and planning issue; he, too, was concerned about the density acknowledging that there were other potential uses that could go in there and have a greater density and intensity of use that he felt sure the neighborhood would be opposed to every bit as much as the hostel . He would be in favor of the hostel if the Council could be assured of getting answers relative to financial stability, intensity of use. He asked if the amendment to the PUD could be approved leaving the 100-bed out of it. hh The City Manager understood the phrase "not to exceed 100 beds"i used rather than dropping it altogether. -70- City Council meeting minutes June 15, 1992 Councilmember Jacobs said that in light of that, his question was if 100 beds is an absolute maximum, to what extent either here or later on does the City retain control to negotiate that number. III The City Attorney said answering that question would require putting rezoning and special permits in their different contexts: Zoning is a legislative decision for which the Council has broad discretion; it is reviewable by the court but courts routinely grant broader discretion because of its legislative nature. Special permit is considered quasi-judicial meaning the courts give closer scrutiny. To impose a condition on the rezoning, the Council should act at the legislative stage; negotiating at the special permit stage) in his opinion, gives the Council less discretion. Mayor Hanks from the first has been opposed to 100 beds and has come to the conclusion, since no reduction has been offered, that the project can't operate with less than 100. He didn't think the neighborhood would be upset if the proposal was for 30, 40 even 50 beds. Councilmember Haun was willing to continue the matter, but will not support continuance if the applicant returns with a proposal for 100 beds. Discussion followed as to what other permitted uses could be located on the property. Councilmember Mitchell questioned the concern over the number of beds, feeling the question really was the compatibility of a hostel with the neighborhood. III Councilmember Friedman asked what could go on that property without Council action. Mr. Hagen responded a 36-unit apartment building and the existing Daystar building could be converted to two apartment units and the balance as common area. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to continue the hearing to July 6, 1992. Councilmember Haun said he would like to receive an answer from the national organization as to the minimum number of people required to make the hostel profitable. Councilmember Friedman asked for the following information: what could go on the property today and what could go on the property if Council allowed a change in the ordinance. He also would like to know if the lender had a pro forma which dictates what the income has to be which might clarify the density issue. Councilmember Mitchell added that the question of property taxes should be addressed. The motion passed 5-1 (Mayor Hanks opposed) . 6e. 2900-2924 Monterey Ave. Amendment to PUD to permit reductionIII in density by reducing number of townhomes from 20 to 18: David Kingman -71- City Council meeting minutes June 15, 1992 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 Jacobs, seconded by Councilmember Haun, to approve first reading, set second for July 6, 1992 and approve summary publication. The motion passed 6-0. 6f. 2900-2924 Monterey Ave. Special permit: Reduction in number of townhomes from 20 to 18 and revise elevations/floor plans for 11 townhomes: David Kingman 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 Jacobs, seconded by Councilmember Meland, to defer action to July 6, 1992 The motion passed 6-0. 6g. Amendment to Sign section of ordinance Allow decorative banners as permanent signage Jenifer Donovan and Denise Nichols, representing the applicant, were requesting placement of decorative banners as signage on the Center' s parking lots. They displayed sample banners. 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 Mitchell , seconded by Councilmember Jacobs, to refer the request to the Planning Commission. Councilmember Mitchell felt there were continuing problems with signage and the need remains to look at it further. Councilmember Haun was concerned about the time involved to give the applicants an answer. The motion passed 5-1 (Councilmember Haun opposed) . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Assisted living project Initiation of Comprehensive Plan amendment It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to refer to the Planning Commission. The motion passed 6-0. -72- City Council meeting minutes June 15, 1992 RESOLUTIONS AND ORDINANCES III 8a. Methodist Hospital Minor amendment to special permit Resolution 92-87 Councilmember Haun asked about noise problems as reported by the neighbor- hood. Vic Polich, representing Methodist, says the hospital 's consultant would be in in mid-July to verify the sound data which will be shared with the City when available. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to adopt Resolution 92-87 entitled "A resolution rescinding Resolution 92-55 adopted on May 4, 1992 and granting special permit under Section 14-123. 100(2) of the St. Louis Park ordinance code relating to zoning to allow an increase in the amount of fill related to construction of a walkway around the new surgery wing by 200 cu. yds. and to permit air condensing units and a mechanical penthouse on the roof of the Meadowbrook building for property located in the R-4, multiple family residence and F-2, floodplain district, at 6500 Excelsior Blvd." The motion passed 6-0. 8b. Interchange Office Park Minor amendment to special permitIII Resolution 92-88 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to adopt Resolution 92-88 entitled "A resolution rescinding Resolution 90-58 adopted on May 21 , 1990 and granting special permit under Section 14-124.101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow modifications to the landscape plan for property located in the PUD, Planned Unit Development District, at 300, 400, 600 So. Hwy. 169 and 435 Ford Rd." The motion passed 6-0 8c. Early retirement incentive program Mayor Hanks felt the proposed program could create some inequities vis-a-vis what the City has offered previously in retirement benefits. The proposal could conceivably provide a 10-year medical coverage. He had not received positive feedback from the communities he had spoken with. Councilmember Friedman said Council could reenact the plan the City had previously. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, III to request staff to return to Council a plan similar to the one enacted previously. -73- City Council meeting minutes June 15, 1992 111 The motion passed 6-0. There was some confusion whether or not someone taking advantage of the early retirement could waive the medical benefits. Staff was asked to research this. 0 8d. Benilde St. Margaret' s Request for variance appeal Resolution 92-89 James Hamberge, president of Benilde St. Margaret's presented their appeal . Their request was to update the lettering on the building to identify the new Haven Center and to construct a sign on the western end of their property. The new sound walls along Hwy. 100 will make it almost impossible for the school ' s campus to be seen from Hwy. 100. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to authorize preparation of a resolution of approval with findings. The motion passed 6-0. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 92-89 entitled "A resolution of findings regarding the application of Benilde St. Margaret's School for a variance under Sections 14-185.04(6) (ii ) and 14-195.08 of the St. Louis Park Ordinance Code relating to zoning to permit a 19'6" sign instead of the required 15 ft. and to permit a total sign area of 200 sq. ft. instead of the maximum 60 sq. ft. for property located in the R-1 , single family residence district, at 2501 Hwy. 100 So." The motion passed 6-0. 8e. G & N bond issue Resolution 92-90 Bond counsel for this matter was present to answer questions. He verified that this action was merely to take advantage of lower interest rates. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 92-90 entitled "Resolution authorizing the issuance and sale by the City of its revenue refunding bonds (G & N Limited Partnership project) , Series 1992, authorizing execution of the bonds, an indenture of trust, a loan agreement, purchase contracts and related documents, all relating to said bonds and authorizing other action to be taken with respect to the issuance, sale and delivery of said bonds." The motion passed 6-0. -74- City Council meeting minutes June 15, 1992 8f. State-mandated water connection feeIII Councilmember Meland didn't understand what benefit the City would accrue from the user fee. Was it a subsidy other communities would be taking advantage of. He didn't know how much more the City could do to take •care of its water, how much cleaner it could get. What is the City going to get back? Councilmember Friedman moved to deny paying any funds to the State until questions are answered. Councilmember Meland seconded. The City Manager felt the State might be covering from what the Federal government has done, specifically its enactment of new clean water regulations which has added some additional 60 compounds to be evaluated in terms of water composition. The City is obliged to make payment to the State in accord with the user fee approach with larger users paying a proportionately higher fee. Councilmember Mitchell asked what would happen, assuming the Council chooses not to pay the State. The City Attorney responded that in researching the Statutes, there appears a late fee would be assessed. Councilmember Friedman felt it was time the Council took a stand in light of the fact the City is probably the most monitored city in III the country with reference to water quality and now to have the State dictate payments for further testing. He said there was less and less sharing for all the moneies being paid to the County, State and Federal government. He would like to see what is going to be done better for the City than what is now being done. Councilmember Mitchell felt the City was entitled to an explanation as to what benefit the City will receive for this. Councilmember Friedman said that was the intent of his motion, to withhold payments until all questions are answered by the State. Councilmember Friedman called the question; Councilmember Meland seconded. The motion passed 5-1 (Mayor Hanks opposed) . The motion passed 5-1 (Mayor Hanks opposed) . Mayor Hanks was concerned if a lump sum payment would have to be found somewhere if there is a delay in imposing the user fee connection structure. The City Manager said he would immediately write the Commissioner of the Department of Public Health requesting an explanation, what benefits are to be derived to the City with a deadline for response prior to the next Council meeting. Councilmember Friedman asked that a copy of the City Manager' s letter -75- City Council meeting minutes June 15, 1992 be forwarded to the City' s Congressional delegation. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Police facility Approval . of plans/specifications Resolution 92-91 and authorize advertisement for bid Councilmember Friedman asked what the function is of the Council in approving the plans. He was concerned that plans had been delivered just prior to the weekend with little or no chance for review prior to the Monday night meeting. Councilmember Mitchell did not wish to get into the plans in detail . He felt it was important to get the bidding process underway. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 92-91 entitled "Resolution accepting City staff' s report, establishing Project MB90-11 , ordering the project, approving project plans and specifications and authorizing advertisement for bids for Project MB 90-11 , Police Facility." The motion passed 5-0-1 (Councilmember Friedman abstained) . 9b. Bridge update Brookside bridge over Minnehaha Creek It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to delete the old pedestrian bridge and order the contractor to move the bridge to Dakota Park. The motion passed 6-0. 9c. Letter to Nortel Cable Councilmember Jacobs wondered why Nortel was charging the City $1 .50/sub- scriber for MSC when Paragon offered it to its subscribers at no charge. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to write to Nortel asking for an explanation of the MSC charge, asking what their costs are and to MSC as well . Mayor Hanks asked that copies be sent to the City's legislators and Congressional delegation. He asked for clarification on converter boxes in re MSC. The motion passed 6-0. 9d. Traffic study 460 Parking restrictions: Dakota Resolution 92-92 Ave./Colorado Ave. north of Excelsior Blvd. -76- City Council meeting minutes June 15, 1992 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 92-92 entitled "Resolution authorizing parking restrictions along Dakota and Colorado Aves. north of Excelsior Blvd." The Motion passed 6-0. 9e. Planning Commission minutes May 20 9f. Housing Authority minutes May 12 9g. May 1992 financial report Items 9e-9g filed by consent. 9h. Fire Civil Service Commission Councilmember Friedman asked for an update. Mayor Hanks said he has been actively recruiting for the opening on the Fire Civil Service Commission. UNFINISHED BUSINESS 10a. Boards and commissions It was the consensus of Council that Mary Cohen be interviewed along with any other interested applicants. III 10b. Council liaison Councilmember Jacobs said he had been contacted by various commission members wondering if their commission could have a Council liaison. It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to put the question of Council liaison on an upcoming study session. The motion passed 6-0. NEW BUSINESS lla. Bid tabulation Fire pumper bids It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to award the bid to General Safety Equipment and authorize execution of a contract for $207,943. The motion passed 6-0. llb. Gambling license American Legion Auxiliary Resolution 92-93 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-93 entitled "A resolution of the St. Louis Park111 City Council approving issuance of a premises permit for the conduct of lawful gambling." The motion passed 5-1 (Councilmember Friedman opposed) . -77- City Council meeting minutes June 15, 1992 MISCELLANEOUS 12a. Damage claims Beatrice Getzkin By consent, claim referred to City Clerk and City Manager. 12b. Communications from Mayor Mayor Hanks said he had been elected to the Board of the League of Minnesota Cities. 12c. 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 June 15, 1992 was approved in the following amounts and the City Manager and City Treasurer authorized to distribute checks in the appropriate amounts: Vendor claims, $214,858.48 and payroll claims, $15, 176.69. 14. Adjournment The meeting adjourned at 10:50 p.m. 111 � W May.r /04,44___ IA,La . Re'lior.i!!!!ng Secretary -78-