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HomeMy WebLinkAbout1993/12/20 - ADMIN - Minutes - City Council - Regular MINUTES 4a CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA 111 December 20, 1993 1. Call to order Mayor Hanks called the meeting to order 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, Gail Dorfman and Lyle Hanks . Also present were the City Manager (Mr. Meyer) ; City Attorney (Mr. Sheehy) ; Director of Community Development (Mr. Hagen) ; Director of Public Works (Mr . Grube) ; Assistant to the City Manager (Mr. Larson) ; Director of Finance (Ms . McBride) ; and Police Chief (Mr. Mitchell) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the Dec. 6, 1993 meeting. The motion passed 5-0-1 (Councilmember Haun abstained) . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda. The motion passed 6-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda. The motion passed 6-0 . PUBLIC HEARINGS 6a. Minnesota Steakhouse Request for liquor license Dermot Rolland, Chairman of MN Steakhouse, was present to answer questions . 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 Jacobs, to approve the application. The motion passed 6-0 . 173 City Council minutes Dec. 20, 1993 6b. Tower Place development Resolution 93-209 Mr. Grube highlighted a couple of issues representing changes on the existing plan. 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 93-209 entitled "Resolution ordering Improvement Project No. 93-23 , the construction of improvements along Excelsior Blvd. , Park Center Blvd. and the ramps to T.H. 100 . " The motion passed 6-0 . It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to direct staff to continue discussions re the potential widening north of 39th St . The motion passed 6-0 . 6c. Autumn Lodge Trading Co. Application of St. Louis Park to MN Department of Trade and Economic Development Howard Rogers, president of Autumn Lodge Trading Co. was present to answer questions . Mayor Hanks said there were some questions regarding employment, terms, safety of City money that have been referred to the City Attorney for research and then returned to the Council on Jan. 3 . It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to continue the public hearing to Jan. 3 , 1994 . The motion passed 6-0 . RESOLUTIONS AND ORDINANCES 8a. 1993 , 1994 budgets Ordinance 93-1937, 93-1938 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt both ordinances : 93-1937 entitled "An ordinance amending the 1993 budget as adopted by Ordinance 1904-92 and amended by Ordinances 1909-93 and 1931-93 ; and 93-1938 entitled "An ordinance adopting the budget for fiscal year 1994 . " The motion passed 6-0 . 174 City Council meeting minutes December 20, 1993 111 8b. Transfer of excess earnings From inactive special Ordinance 93-1939 assessment debt service account to Municipal Building fund It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Ordinance 93 -1939 entitled "An ordinance authorizing the transfer of interest earnings from the inactive special assessment debt service fund to the Municipal Building Fund for improvements to City buildings. " The motion passed 6-0 . 8c. GNMA/Mortgacre loan/Westwind Apartments Resolution 93-210 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 93-210 entitled "A resolution of the City Council of the City of St . Louis Park, MN authorizing the issuance, sale and delivery of the $6, 290, 000 multifamily housing revenue refunding bonds (GNMA Mortgage Loan/Westwind Apartments project) Series 1993 which bonds and the interest and any premium thereon shall be payable solely from the revenues derived from the GNMA security and other revenues pledged pursuant to the indenture; approving the form of and authorizing the execution and delivery of an indenture of trust, a bond purchase agreement, a financing agreement, a regulatory agreement, an escrow and redemption agreement and preliminary and final official statements; approvingv the form of and authorizing the execution and delivery of the bonds; and providing for the securities, rights and remedies of the holders of said bonds . " The motion passed 6-0 . 8d. Wall signs Amendment to Zoning Ordinance Ordinance 93-1940 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Ordinance 93 -1940 entitled "An ordinance amending the St . Louis Park Ordinance Code relating to wall signs by amending Section 14 :6-2 . 6 (R) . " The motion passed 6-0 . 8e. Treatment of former special permits Councilmember Meland said he had a problem with this item because there are some 300+ special permits in existence and this addresses just one . He didn' t believe anything should be done until it was known what was in all those special permits . Holders would not know whether they had to apply for reinstatement of their permits or not. This research would be a burden on the City 175 Council minutes Dec . 20, 1993 Council , on staff and the holders of the permits because of expenses involved in legal advice they would undoubtedly need to seek. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to table. The motion passed 6-0 . It was moved by Councilmember Meland, seconded by Councilmember Friedman, to reinstate all special use permits . Mayor Hanks asked if there was a length of time on that . Councilmember Meland said it would be indefinite. The appropriate time to consider reinstatement would be when an individual applies for a change. Councilmember Jacobs asked if there were to be a wholesale reinstatement , so to speak, what effect would that have on existing special permits and a potential change in use . Councilmember Meland didn' t think staff could answer that at this time, and that it might be appropriate for staff to look at this and bring it back in January. He said if someone wanted to defer his motion (to reinstate all previous special permits) and have staff prepare a report, that would be fine with him. Councilmember Friedman asked if the thrust of Councilmember Meland' s motion was to leave all things the way they were before the new Zoning Ordinance was passed; that nothing different will be done than before and if requests for changes are made, they will have to follow the rules . Councilmember Meland said that was his intent . In answer to a question from the Mayor Councilmember Meland said the new Zoning Ordinance repealed the former special permits. His motion would grandfather them in and if anyone wants changes, they will have to apply. The motion failed 3-3 (Jacobs, Dorfman, Hanks opposed; Haun, Friedman, Meland in favor) . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to defer until staff has an opportunity to address the issue. The motion passed 6-0 . Councilmember Friedman wanted to be more specific in what staff is being asked to do. His preference is to ask the City Attorney 176 City Council minutes Dec. 20, 1993 111 the meaning of the motion. He recalled receiving a memo stating there were 368 properties with special permits and it was staff ' s intent to send letters to all permit holders informing them they were nonconforming and inviting them to come to talk to staff. It was his understanding staff was not clear on all the non- conformities . He thought it unfair to send out notices stating one is in violation, and then when they call not being able to tell them what the violation is. Mayor Hanks agreed, saying what he would like to know is where this action would put Council and staff in the future. 8f. Tax-forfeit land 5875 Cedar Lake Rd. Resolutions 93-211, 93-212 9429 Frederick Ave. 3117 Flag Ave. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt the two resolutions : 93 -211 entitled "Resolution approving designation of non-conservation land shown on classificiation list 799-NC by Board of County Commissioners of Hennepin County; and 93 -212 entitled "Resolution approving designation of non-conservation land shown on classification list 799-NC by Board of County Commissioners of Hennepin County. " The motion passed 6-0 . 8g. Community Builders Rehab Fund Program Resolution 93-213 Bruce Larson, president of Community Builders, said he was present to answer questions. Councilmember Dorfman referenced the targeted neighborhood map and asked what criteria was used. Mr . Hagen said the average value of the homes in each neighborhood was used. It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 93 -213 entitled "Resolution authorizing Community Builders to apply on behalf of the City for funds from the Community Rehabilitation Fund Program of the Minnesota Housing Finance Agency. " The motion passed 6-0 . 8h. Curb cuts Second reading of ordinance Councilmember Meland believed this was similar to the previous issue of special permit . It was moved by Councilmember Meland, seconded by Councilmember 177 City Council minutes Dec. 20, 1993 Friedman, to defer until staff is ready to report . The motion passed 6-0 . 8i . 1994 insurance program Resolution 93-214 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 93-214 entitled "Resolution awarding contracts for 1993/94 insurance coverages. " The motion passed 6-0 . 8j . GO tax increment financing bonds Resolution 93-215 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 215 entitled "Resolution authorizing the solicitation of proposals for the negotiated sale of general obligation tax increment refunding bonds of 1993 and rescinding Resolution 93-193 . " The motion passed 6-0 . 8k. City Attorney' s fees Resolution 93-216 Councilmember Dorfman noted the monthly retainer remained the same and asked to what extent are the proposed increases consistent with increases given to staff. Mr. Meyer said they were the same. It was moved by Councilmember Meland, seconded by Councilmember Friedman, that the fees be increased retroactive to Jan. 1, 1993 and adopt Resolution 93-216 entitled "Resolution authorizing the amendment of City Attorney compensation. " The motion passed 6-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Wetland Conservation Act Designation of local government Resolution 93-217 unit It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to adopt Resolution 93 - 127 entitled "Resolution designating the local government unit for wetland alterations as required by the Wetland Conservation Act of 1991 . " The motion passed 6-0 . 178 City Council minutes Dec. 20, 1993 111 9b. MWCC Sewer Availability Charge program It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to execute an agreement with MEPC as recommended in report and direct staff to administer the SAC program. The motion passed 6-0 . 9c. East Minikanda Vista neighborhood It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to receive for filing. Councilmember Jacobs suggested putting in on a study session or has it been discussed to death. Councilmember Haun prefered to take action tonight. He said there had been numerous meetings, a consultant hired. He said he was not a proponent of numerous stop signs and with the 38th St . signalization project at Excelsior, the wishes of those attending the meetings should be considered. It was moved by Councilmember Haun, seconded by Councilmember Friedman to adopt the resolutions . Mayor Hanks asked they be taken separately. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 93 -218 entitled "Resolution expressing support for redesign of Monterey Dr . /Excelsior Blvd. /W. 38th St . intersection and authorizing execution of a contract with Strgar, Roscoe , Fausch, Inc . for consultant services related to redesign of the intersection. " The motion passed 6-0 . It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 93 -219 entitled "Resolution authorizing installation of stop signs in the Minikanda Vista neighborhood. " Mayor Hanks said he could not support this . He thought it was premature as development is not completed and the traffic counts are basically no more than 10 years ago. He preferred to see what effect the redesigned intersection would have before papering the whole neighborhood with stop signs . Councilmember Haun said he would like to restate that in the 4 meetings that were held, those in attendance did have some concerns but he felt something needed to be done before a problem develops. The motion passed 5-1 (Mayor Hanks opposed) . 179 City Council minutes Dec. 20, 1993 Mayor Hanks said action was needed re the redesign of Monterey Dr. 111 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to direct staff to look into the redesign of the Monterey Dr. /Excelsior Blvd. /W. 38th St . intersection. , The motion passed 6-0 . 9d. Planning Commission minutes Dec. 1 9e. Housing Authority minutes Nov. 9 9f . Board of Zoning Appeals minutes Nov. 30 9g. Void 9h. November financial report Items 9d-9h ordered filed by consent UNFINISHED BUSINESS 10a. Boards and commissions Mayor Hanks said Robert Young had resigned from BOZA and Pat Foulkes from the Human Rights Commission. He asked that letters of thanks be sent to each. It was moved by Councilmember Keith Meland, seconded by Councilmember Jacobs, to accept the resignations . The motion passed 6-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to make the following appointments : Tom Duffy to Police Civil Service Commission; Bruce Browning, Barry Schwabe and Dobie Hunegs to Cable TV Commission ; Susan Sanger to Planning Commission; Andy Peacock and Pat Corcoran to Parks and Recreation Commission; and Jim Gainsley to BOZA. 10b. Roller Garden It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve first reading, set second for Jan. 3 , 1994 and authorize summary publication. The motion passed 6-0 . NEW BUSINESS lla. St . Louis Park Hockey Assoc. Renewal of license to sell Resolution 93-220 pulltabs at Bunny' s III 180 City Council minutes Dec. 20, 1993 111 It was moved by Councilmember Meland, seconded by Councilmember Dorfman, to adopt Resolution 93-220 entitled "A resolution of the St . Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling. " The motion passed 5-1 (Councilmember Friedman opposed) . lib. Police uniform contract Councilmember Dorfman thought that by going for a 2-year instead of a 1-year contract more bidders would be encouraged to bid with probably lower bids coming in. She asked staff to comment. Chief Mitchell said packets were sent to 6 bidders and it was anticipated more bidders would respond. The only bidder thought they presented a reasonable bid. Bidders not responding were contacted but no reasons were given for their not bidding. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to award the contract to Uniforms Unlimited. The motion passed 6-0 . lic. Animal control contract It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to award the contract to Wildlife Management Services. The motion passed 6-0 . lld. Animal boarding contract It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to award the contract to Park Pet Hospital . Councilmember Friedman asked if individuals picking up their pets had to pay the boarding fees, and what is the $600 for. Chief Mitchell said he would check on that and let Council know. The motion passed 6-0 . MISCELLANEOUS 12a. Damage claims None 12b. Communications from Mayor Mayor Hanks noted he had received a response from Representative Sabo on unfunded mandates which did not offer any solutions. 12c. Communications from the City Manager 181 City Council minutes Dec. 20, 1993 Mr. Meyer distributed a quarterly update on City Council goals. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 111 13a. Verified claims By consent the verified claims prepared by the Director of Finance dated Dec . 20 , 1993 were approved in the following amounts : Vendor claims $1 , 285 , 910 . 40 and payroll claims $12, 110 . 91 . 14 . Adjournment The meeting adjourned at 8 : 22 p.m. r &Ai tki &i 44, i•ecording Secretary y or 182