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HomeMy WebLinkAbout1992/09/08 - ADMIN - Minutes - City Council - Regular unapproved 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 8, 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 the Lenox Senior Program's 20th anniversary. George Montgomery and Bob Wittman were present to receive the proclamation. 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Gail Dorfman and Lyle Hanks. Staff present included the City Manager, Deputy City Attorney, Director of Community Development, Director of Public Works and Director of Parks and Recreation. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the August 17, 1992 meeting. The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the August 31 , 1992 study session. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for Sept. 8. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for Sept. 8 with the addition on lOb. Nortel Cable. The motion passed 6-0 -- PUBLIC HEARINGS 6a. Taxicab license Application of Blue and White Service Corp. for a license to operate a taxicab company in St. Louis Park Fred Blankenburg, 3940 Van Nest Ave. and JoAnn Hansen, 9908 Nicollet Ave. were present to speak on behalf of Blue and White. -106- City Council meeting minutes Sept. 8, 1992 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. The City Manager said that should the Council decide to grant the license, it do so subject to applicable provisions of the City Code regarding insurance being fulfilled. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, that the license be approved subject to the insurance proviso. The motion passed 6-0. would Councilmember Friedman asked if the City Manager/ look into a dress code for taxicab drivers. He wondered if , some way couldn't be found to prohibit T-shirts, cutoffs and other unprofessional garb. 6b. GHH Investments Proposed issuance of multifamily Resolution 92-132 refunding bonds Paul Tietz, bond counsel , was present to answer questions along with representatives from Miller & Schroeder and Faegre & Benson. Councilmember Friedman asked if the City had any control over bonding companies involved in these kinds of transactions. Mr. Tietz said in a negotiated transaction the City would be the party entering into the bond contract with the investment bankers. Councilmember Friedman asked what kind of fiduciary relationship existed between the City and bond counsel . Mr. Tietz said none, it was a contractual relationship. He said in the present instance, the partnership owning the apartment building came to the City with a request that it issue revenue refunding bonds and requested their investment bankers be used. Councilmember Friedman asked if the City could not select a bond investment firm. The City Manager said that near term that had not been the case; however, the City is in the process of preparing an application form. Any party or person coming seeking bond assistance from the City even though the City serves only as a conduit would be required to complete the form. Councilmember Friedman asked if the Council would have discretionary power to look at other applicants than the one an applicant might be using. The Deputy City Attorney explained at what point the application process was and that it would be coming to a Council study session. On the matter of Council 's discretionary powers to accept/reject a bonding firm, she would research that further. 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 Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 92-132 entitled "Resolution giving preliminary approval -107- City Council meeting minutes Sept. 8, 1992 111 to the issuance of refunding bonds under Minnesota Statutes, Chapters 462C, 462A and 475 and authorizing the preparation of necessary documents." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Banners Second reading of ordinance amending Ordinance No. 1893-92 Sign section of Zoning Ordinance relative to Banners -) Councilmember Dorfman was concerned that the ordinance talks about design standards and that was government going too far. She would like to see the ordinance go back to staff to develop some criteria for design standards. Councilmember Friedman agreed but was concerned that without moving ahead soon, momentum will be lost at least at Miracle Mile. He suggested going ahead with this ordinance and allow a specific period of time prior to amending it. Councilmember Dorfman had no problem with giving staff a one year trial 11 during which standards would be developed. It was moved by Councilmember Dorfman, seconded by Councilmember Friedman, to adopt Ordinance 1893-92 entitled "An ordinance amending. the St. Louis Park Ordinance -Code relating to zoning by amending _Section 14-185" and those who have requested banners can proceed for a one-year trial during which staff will develop standards. The motion passed 6-0. 8b. Street name change Second reading of ordinance renaming Ordinance 1895-92 a portion of W. 24th St. Win Stephens or Stephens Drive Vern Lutz, representing the applicant, said that in light of the cost estimates provided by MnDOT, renaming the street Stephens Drive was agreeable to the company. Stanley Jurgensen, 2309 Westridge Ln. was opposed to the name change. He was opposed to having a corporate name for this street. Also he felt naming it Stephens Drive was like a billboard. It would be his wish the road remain W. 24th St. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Ordinance 1895-92 entitled "An ordinance renaming a portion 1111 of W. 24th St. in St. Louis Park to "Stephens Drive." The motion passed 6-0. -108- City Council meeting minutes September 8, 1992 8c. Variance: David Nelson 2033 Virginia Ave. so. Resolution 92-133 It was moved by Councilmember Jacobs, seconded by Councimember Haun, to adopt Resolution 92-133 entitled "A resolution granting variance in rear yard setback from Section 14-128(5) of the Ordinance Code relating to zoning to permit a rear yard setback of 30 ft. for a 3 season porch instead of the required 35 feet in the R-1 , Single Family Residence District, at 2033 Virginia Ave." The motion passed 6-0. 8d. Variance: Reginald Gassen 4501 Minnetonka Blvd. Resolution 92-134 It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 92-134 entitled "A resolution granting variance in side yard setback from Section 14-148(7) of the Ordinance Code relating to zoning to permit a side yard setback of 0 feet for a parking lot instead of the required 15 feet in the R-B Residential/Business District, at 4501 Minnetonka Blvd." The motion passed 5-0-1 (Councilmember Jacobs abstained) . 8e. Liquor at Rec Center Second reading of ordinance permitting liquor and beer at Rec Center It was moved by Councilmember Haun, seconded by Councilmember Friedman, to reject the proposed ordinance amendment and direct staff to proceed with the development of a policy document for the use of banquet/reception facilities at the Rec Center that does not permit alcohol consumption. The motion passed 6-0. 8f. Emergency vehicle preemption systems Off-system spending Resolution 92-135 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-135 entitled "Resolution requesting MnDOT authorization to appropriate Municipal State Aid funds for the installation of emergency vehicle pre-emption on the traffic signal systems on Minnetonka Blvd. at Dakota Ave. and Texas Ave." The motion passed 6-0. 8g. Hazardous waste sub-district Resolution approving Chapter Resolution 92-136 511 , Art. 9, Section 29 of State law relative to creation of a special hazardous substance tax increment finance sub-district for Excelsior Blvd. redevelopment district It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 92-136. The motion passed 6-0. -109- City Council meeting minutes September 8, 1992 111 8h. 1992 budget First reading of ordinance approving revised 1992 budget It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve first reading, set second for September 21 , 1992 and authorize summary publication The motion passed 6-0. 8i . Proposed 1992 tax levy Set public hearing date Resolution 92-137 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 92-137 entitled ' Resolution approving, proposed 1992 tax levy, collectible in 1993 and approving proposed 1993 budget. The motion passed 6-0. 8j. State-mandated water connection fee It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to remove this item from the table. The motion passed 6-0. Councilmember Friedman stated that someone in the Federal government mandated the testing, the State mandated it would follow suit and are now mandating that the cities do it. There remains a question as to some of the parameters to be tested. For an agency that couldn't provide safe drinking water to hurricane victims, it seemed ludicrous to him that - a community whose water is tested perhaps more than any other in the country is now told it has to pay a yearly fee for yet more testing -- of what, is not clear. He felt resentful at all the taking from the citizens, with very little being given in return. He was concerned about the State' s vagueness when questioned about what the water is being tested for. He questioned what the Federal guidelines were. He felt it unconscienc- able for the local government which provides 90% of direct services to the community to go ahead and give favor to the mandatory testing. He could not support the ordinance. Mayor Hanks preferred to see the City go ahead and pay its share and in the event it is rescinded or changed, he would want to see a credit on water bills. Councilmember Friedman suggested escrowing funds until the issue is resolved. Councilmember Jacobs felt the responsible thing to do is take the matter back to the body that passed it in the first place, the Congress and the State Legislature and tell them to repeal it. If the City is assessed a penalty for non-payment, chances are that money will not be refunded and he couldn't • go along with that. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading and set second for September 21 , 1992 and authorize 111 summary publication. Councilmember Haun felt all should be reminded of the work Council and staff have undertaken on this subject: letters to State officials; seeking support from other communities for possible litigation. He felt the City had done -110- City Council meeting minutes Sept. 8, 1992 a good job in trying to fight this mandate. Hopefully, in the future there III would be success at a higher government level . Councilmember Dorfman was in agreement. The motion passed 6-0. 8k. 2460 So. Hwy. 100 Minor amendment to special permit Resolution 92-138 It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt Resolution No. 92-138 entitled "A resolution rescinding Resolution 86-35 adopted on Mar. 17, 1986 and granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance code relating to zoning to allow modifications to an existing office building at 2460 So. Hwy. 100 The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Human Rights Commission minutes By consent, minutes ordered filed. 9b. Seasonal parking restrictions Alabama/Blackstone III Councilmember Dorfman recalled this issue arose because of concerns about safe passage of emergency vehicles during the winter months along these blocks. She thought a determination had already been made about restrictions. She was concerned that in a survey of residents, if 1/3 do not support it, no restrictions would be enacted. She wasn't so sure the Council would want to abide by a survey of that nature. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to elicit neighborhood input in order to make a rational decision how to proceed. Mayor Hanks did not know where the 1/3 determination came from. As he saw it, 2" of snow would mean all autos off the street - a difficult situation -- or one sided parking. Councilmember Friedman felt it important for the residents to have a say in what is going on in their neighborhood. He envisioned staff giving them options. The motion passed 6-0. 9c. Virginia Ave. reconstruction Between W. 28th and W. 26th Mayor Hanks noted the update suggests reconstruction excluding the railroad bridge as the neighborhood desired. III It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to authorize staff to examine the feasibility of limited street improvements along Virginia Ave. without replacing the bridge. The motion passed 6-0. -111- City Counr• 1 meeting minutes Sept. 8, 1992 111 9d. Supplement to Traffic Study 92-139 Permit parking along Natchez 1esolution 92-139 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 92-139 entitled "Resolution authorizing parking restriction along Natchez Ave. at 3900." The motion passed 6-0. 9e. Neighborhood Revitalization Commission By-laws It was moved by Councilmember Friedman, seconded by Councilmember Haun that the by-laws be referred to staff for review in conjunction with the City Charter to make sure they conform to it. The motion passed 6-0. 9f. Additional matters re Zoning Ordinance It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to refer the matters to the Planning Commission for additional consideration. The motion passed 6-0. 9g. Hurricane assistance The City Manager briefly reviewed his report. No action was taken on this matter. Councilmember Friedman suggested the Council try to encourage residents of the community to donate to some of the agencies providing relief to the victims of Hurricane Andrew. Councilmember Dorfman referenced a situation of a tent city in Illinois containing women and children about which nothing seems to be done. Also, Hennepin County has an average of 1100 homeless showing up each night at emergency shelters as well as abuse cases and AIDS cases reported daily. She encouraged donations to the hurricane victims but reminded all of the needy here at home. 9h. Charter Commission minutes By consent, minutes ordered filed UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to make the following appointments to the Human Rights Commission: Jerry Rotman, Sherry Angus, John Lightbody, Jules Beck, and Pat Foulkes. Student representatives appointed were Mara Davis and Anthony Klug. The motion passed 6-0. -112- City Council meeting minutes September 8, 1992 lOb. Nortel Cable The City Manager highlighted the attorney's opinion on the Nortel matter. First, a court would probably rule the City was entitled to know what the subscribers were charged to put MSC on the line-up; however, the court would also probably rule that the City maintain confidentiality on such information. Secondly, a court would probably rule Nortel did not violate provisions of the franchise ordinance by entering into a no disclosure arrangement with MSC; however, in other instances this might not be the case and each and every such arrangement would have to be examined individually. It was the consensus to place this item on the Sept. 21 agenda, reissuing the letter from Attorney Creighton. NEW BUSINESS lla. T.H. 7/Louisiana Ave. Resolution 92-140 Contract 2005: Supplemental agree- ment-� -- ---- It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 92-140 entitled "Resolution pertaining to supplemental agreement No. 6 for improvement project 89-05, T.H. 7/Louisiana Ave. , Contract 2005" The motion passed 6-0. llb. Random concrete replacement Bid tabulation, Project 92-03 Resolution 92-141 By consent, adopt Resolution 92-141 entitled "Resolution accepting bid and author- izing execution of a contract for improvement project 92-03, random concrete replacement, city-wide." llc. Public hearing, Charter Request to correct irregularities in punctuation/grammar It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to set a public hearing for October 5, 1992. The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Gary Welch, Melinda Miller By consent, claim; referred to City Clerk and City Manager 12b. Communications from the Mayor None 12c. Communications from the City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance was approved and checks approved to be issued in the following amounts: -113- City Council meeting minutes Sept. 8, 1992 IIIVendor claims: $887,763.42 and payroll claims $41 ,268.02 13b. Contract payments 1 . Partial : C. M. McCrossan, construction of T.H. 7/Lousiiana Ave. Amount: $193,651 .00 2. Partial : NewMech, reconstruction of Well No. 4. Amount: $9,387.00 3. Partial : C. S. McCrossan, bituminous paving, curb & gutter, landscaping, street lighting, traffic signals, Cedar Lake Rd./Texas Ave. Amount: $68,361 .38 4. Partial : Richard Brothers Painting, cleaning, repairing and painting of elevated water tower. Amount: $52,820.00 5. Central Landscaping, landscaping triangle area (EDA) . Amount: $49,387.55 By consent, contract payments approved and payment authorized. 14. Adjournment The meeting adjourned at 8:55 p.m. W Wa--/-t— III May P1 I� i8 --( ) ecor ekng 5ecretar -114-