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HomeMy WebLinkAbout1990/02/20 - ADMIN - Minutes - City Council - Regular • 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MN February 20, 1990 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Pro Tem Keith Meland. 2. Presentations Mayor Pro Tem Meland noted a proclamation for Volunteers of America Day. 3. Roll call The following Councilmembers were present at roll call : Bruce Battaglia, Allen Friedman, Larry Mitchell , Jane Tschida and Keith Meland. Also present were the City Manager, City Attorney, Director of Community Development and Director of Public Works. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia, to approve the minutes of the Feb. 5, 1990 meeting. The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to approve the minutes of the long-range planning session held February 12, 1990 with the following correction: change Marie to Mary. The motion passed 4-0-1 (Councilmember Friedman abstained) . 5. Approval of agenda It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to approve the consent agenda for Feb. 20, 1990. The motion passed 5-0. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve the agenda with the following additions: 8g. TIF district modifica- tions and lOb. Metropolitan Aircraft Sound Abatement Council . The motion passed 5-0. PUBLIC HEARINGS 6a. Project 90-11 Right turn lane on south frontage road of T.H. 7 west of Belt Line Blvd. Steve Michel , Northland Aluminum, addressed Council . While thanking the Public Works department for its time and effort on this project, he felt the recommendations in staff's report did not go far enough. He presented a schematic showing the configuration of the intersection. -22- City Council meeting minutes February 20, 1990 He presented a number of alternatives to the proposed plan. Councilmember Tschida felt there were a lot of unanswered questions which would more effectively be addressed by staff rather than the Council at this point. She felt that soon the whole Hwy. 7 corridor was going to be studied and that perhaps this was the point to stop anything not desired and wait until a total plan for Hwy. 7 is in place. Councilmember Mitchell asked for staff comment. The City Manager referenced the Notes from Neighborhood Meeting in staff's report wherein the firm' s representative supported the proposed improvement project. Councilmember Friedman asked Mr. Michel if Northland was willing to wait if they were turned down tonight. He was perplexed that Northland, after working with staff and apparently coming to some agreement, was now asking for alternatives. Michel Mr.A elieved the proposal to be an incremental one, one that would not wholly solve the intersection problem. He felt if it took more time to come up with a better solution, both Northland and the City would benefit. Mayor Pro Tem Meland suggested continuance for two weeks as six votes would be required for passage. Councilmember Friedman felt that would be acceptable as long as no more City staff time or monies was used. Ward Hurd said Park Pet Hospital was seeking new quarters because of the same traffic concerns. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to continue the hearing to March 5. Councilmember Mitchell felt this particular project should be buried until the overall concept plan for Hwy. 7 is completed. He did not feel Northland really supported the proposed plan. He proposed continuance, but no more staff involvement. The motion to continue for two weeks passed 4-1 (Councilmember Tschida opposed) . PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Transfer of funds Second reading of ordinance transferring Ordinance 1822-90 funds for salary adjustments It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Ordinance 1822-90 entitled "Ordinance authorizing the transfer of 11/ funds and providing appropriation for salary adjustment for non-union employees, Internation Assoc. of Firefighters Local 993 contract and International Union -23- City Council meeting minutes February 20, 1990 of Operating Engineers Local No. 49 contract settlement for year ending Dec. 31, 1990. The motion passed 5-0. 8b. Liquor near schools, houses of worship Second reading of ordinance Ordinance 1823-90 It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Ordinance 1823-90 entitled "An ordinance amending the St. Louis Park Municipal Code, Sections 13-307(8) and 13-326(9) related to the location of on-sale nonintoxicating and intoxicating liquor licenses." The motion passed 5-0. 8c. Setbacks: Small corner lots Second reading of ordinance re side Ordinance 1824-90 yard setbacks on small corner lots It was moved by Councilmember Tschida, seconded by Councilmember Battaglia, to adopt Ordinance No. 1824-90 entitled "An ordinance amending the St. Louis Park ordinance code relating to zoning by amending Section 14-107(1)" The motion passed 5-0. 8d. McCourtney Plastics Request of McCourtney Plastics for minor Resolution 90-18 amendment to special permit for a covered walkway at 7309 W. 27th St. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution 90-18 entitled "A resolution rescinding Resolution 2547 adopted on March 9, 1964 and granting special permit under Section 14-161 (6) of the St. Louis Park Ordinance Code relating to zoning to allow manufacture of plastic products at 7309-7317 W. 27th St." Councilmember Friedman did not feel staff's report fully addressed the concerns raised at the Feb. 5 meeting. He asked if the landscaping and setbacks on all the parcels conform to existing ordinances. The Director of Community Development said they did. In light of that, Councilmember Friedman could see no hindrance to approval . The motion passed 5-0. 8e. Public need of land Determination of public need and recommend- ation for disposition of six parcels Resolutions 90-19 thru 90-22 of tax forfeit land Councilmember Friedman asked for more information on the parcels on Kentucky and Utica. The Director of Community Development said the Utica parcel has been claimed. The Kentucky parcel is a remnant parcel adjacent to the south frontage road of 1-394. Council did not need to take action on these two parcels. -24- City Council meeting minutes February 20, 1990 Councilmember Battaglia asked for more information on 2902 Flag Ave. The Director of Community Development explained there were drainage problems 11/ on the site. What staff was concerned about was giving up any claim on the site and having someone come in for a building permit. Staff would be in the position of denying a building permit and the owner could claim to be deprived of reasonable use of the property. Therefore it is being recommended it be retained as open space. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to defer consideration of this parcel . The motion passed 5-0. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia to adopt Resolution 90-19 entitled "Resolution declaring no City public need for County-owned property located at 1320 Kentucky Ave." The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to adopt Resolution 90-20 entitled "Resolution authorizing application for conveyance of tax forfeit land for property located at 4056 Vernon Ave. So." The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Tschida, to adopt Resolution 90-21 entitled "Resolution declaring no City public need for County-owned property located at 5711 Minnetonka Blvd." The motion passed 5-0. It was moved by Councilmember Battaglia, seconded by Councilmember Friedman, to adopt Resolution 90-22 entitled "Resolution authorizing application for conveyance of tax forfeit land for property located at 7800 W. 32i St." The motion passed 5-0. 8f. Bassett Creek representative Resolution appointing representative to Resolution 90-23 the Bassett Creek Water Management Commission It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to adopt Resolution 90-23 entitled "A resolution appointing commissioner on the Board of the Bassett Creek Water Management Commission." The motion passed 5-0. 8g. Resolution modifying tax It was moved by Councilmember Mitchell , increment districts seconded by Councilmember Tschida, Resolution 90-24 to adopt Resolution 90-24 entitled "Resolution calling public hearing on the proposed modification by the City Council of the Highway 7 development district and modification of the development program for the Highway 7 develop- ment district; the proposed modification of the tax increment plan for tax increment financing district No. 85-1 ; the proposed modification of the Excelsior Blvd. redevelopment project and modification of the Excelsior Blvd. redevelopment plan; the proposed adoption of the tax increment financing plan for the Excelsior Blvd. tax increment financing district; the proposed modification of the Oak Park Village redevelopment project and modification of the Oak Park Village redevelopment plan; and the proposed adoption of the tax increment financing plan for the Oak Park Village tax increment financing district. The motion passed 4-1 (Councilmember Friedman opposed) -25- City Council meeting minutes Feb. 20, 1990 1111 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Tax increment financing Position statement It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the statement. The motion passed 5-0. 9b. 3036 Louisiana Ave. Approval of purchase agreement Harold Faucher, Hopkins, was present on behalf of the buyer. He was prepared to speak on the restrictive covenant as regards rental of the property. He said this covenant was not necessary because ( 1 ) HUD documents will not allow an FHA loan by anyone other than an owner occupant; (2) not only will they not allow a FHA loan by other than an owner occupant, HUD will not allow the owner occupant to sell to any party that will not be an owner occupant. He said the inability to rent the property under any circumstances would be a hardship that his or any other client could not bear. Councilmember Battaglia asked if language governing a temporary rental situation could be included and would that be acceptable to Mr. Faucher ' s client. He responded he would take it up with him. III It was moved by Councilmember Mitchell , seconded by Councilmember Battaglia to approve reducing the 30 year covenant to 10 years and direct the City Attorney to develop language dealing with a hypothetical temporary rental arrangement due to undue hardship. Councilmember Tschida believed that such a restrictive covenant discriminates against owners as well as people who are not able to buy homes and can only rent. The motion passed 4-1 (Councilmember Tschida opposed) . 9c. 2708 Vernon Ave. Report from Board of Zoning Appeals re R-1 zoning It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to table this matter. The motion passed 5-0. 9d. Water Tower No. 2 repair Councilmember Battaglia asked if the City could get through the summer without the water tower. The Public Works Director said if the tower were not in operation, sprinkling restrictions would more than likely be necessary. 111 Mayor Pro Tem commented we're in the 44th or so month of a draught and he felt it might be wise to do something about the tower. -26- City Council meeting minutes February 20, 1990 Councilmember Friedman asked is the City' s insurance company was denying liability. 111 The City Attorney responded that the City Manager and himself have agreed that the City Attorney's office will become involved in the insurance coverage question and theinsurance questions company dispute. To theate,denialo and a im has been made to the City'swhether or not it comes under our policy. Councilmember Friedman noted the City Attorney' s comment: "At the request of the City, the City Attorney prepared a contract provision preserving the City's claim against AEC for damage to the water tower." He did not believe the City should wait. He was concerned that the City' s interests be protected and not to negate any claim. The City Attorney said that had been done and referencing the last sentence on the first page apparently our carrier has said they will reimburse the City's coss with AECO language 00 and whichue AEC. His would preserve fice has our claim prepared for the contract AEC. Counco ce subrogate er and thendman see whatested it be left happens. He didn'tt wante tongetanintocompany le lengthy subrogat legal , costly debate on this. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , that the City proceed based on the provision being provided by the City III Attorney so that the City doesn't lose its status in any claims relative to this matter. Councilmember Tschida asked how much the touchup would cost and is it worth doing in the event the tower comes down. The City Manager felt it was worth doing as the tower will remain standing for some time. Expanding on a point made by Councilmember Battaglia re withholding $7,000 from AEC until the claim is settled, Councilmember Friedman asked why we were still dealing with AEC -- wasn't there someone else the City could go to? The Director of Public Works responded that AEC is a qualified consultant and it was an unfortunate mishap. By continuing to do business with them, staff feels it does not prejudice the City' s claim against them. He said they are readily qualified: they know what the problem was, they designed the solution and are prepared to do the inspection for the solution. Councilmember Friedman had a problem with the logic involved. Part of the claim would be that they didn't foresee the problem, that they didn't take proper precautions and therefore they would have a liability. If that's true, couldn't they use the defense that now we've employed them, -27- City Council meeting minutes Feb. 20, 1990 they are good, they do know what they're doing and we're doing the repair on the basis of what they are. He questioned if if wouldn't prejudice the City's case by using them. The Director used the analogy of hiring a firm for a construction project and running into difficulties of one kind or another. Generally those problems are set aside to be addressed when the project is over rather than kicking the contractor off the project in mid-stream. The City Attorney said the language in the contract would ensure that we aren't prejudiced. The City Manager suggested that if Council deemed it unwise or inappropriate for AEC to do the inspections, someone else could be hired to do so. Councilmember Friedman viewed it more as an all or nothing situation. He did not think it was a matter of either not paying them and using them or using them partially or paying them partially. The question to him was do we use them or not. The City Attorney asked the Director if the mishap which led to the collapse had not come during the inspection part of the process. The lawsuit would not relate to design as opposed to their conduct during the course of the prior inspection. The Director said that was true. The City Attorney said the City would be less prejudiced for relying on AEC's plans since that would not be subject to litigation. On the whole, given staff's desire to get this work completed by May, his office has handled the matter as previously described. Councilmember Friedman withdrew his motion as it covered all four points in staff's report. Councilmember Friedman moved, Councilmember Battaglia seconding, to proceed with staff's recommendation with the exception that another company do the inspection related to the repair. Councilmember Mitchell asked for clarification as to what Council was voting on. Councilmember Friedman said that based on what the City Attorney said, the City diminishes the amount of prejudice to its case based on the fact that the original case is on the inspection, not on the design or work. By doing this their defense is not that we relied on them a second time; therefore, their judgment was good the first time and it could happen to anybody, basically. The City Attorney said staff' s goal was accomplished, i .e. get the tower expeditiously repaired rather than go back and have another design firm do design work which we have no reason to believe is inadequate. He felt confident the Director could find another inspection company. Thus, any harm to the City's claim is minimized down the road at at the same time _28_ City Council meeting minutes February 20, 1990 staff's objective to promptly get the repair work done is achieved. 11/ The motion passed 5-0. 9e. Recycling 1989 year-end recycling and composting report Councilmember Battaglia commended the City's recycling/composting efforts. He felt it was now time to look at additional initiatives. He wanted this to be more fully looked at a study session. It was moved by Councilmember Battaglia, seconded by Councilmember Mitchell , to receive the report for filing. 9f. City bridges Prioritizing for future funding eligibil- ity Councilmember Friedman asked if bridges 2 and 4 in staff' s report were owned by the City. The Director could not definitively respond. It was moved by Councilmember Friedman, seconded by Councilmember Tschida to defer the item to March 5. The motion passed 5-0. 9g. Cable TV Commission minutes Jan. 25 9h. Housing Authority minutes Jan. 9 9i . Planning Commission minutes Feb. 7 9j. Board of Zoning Appeals minutes Jan. 25 Items 9g thru 9j ordered filed by consent. 9k. Set neighborhood meeting Councilmember Friedman wanted to reiterate again that when neighbor- hood meetings are called in his Ward, he has asked that he be informed. It was moved by Councilmember Friedman, seconded by Councilmember Battaglia, to receive for filing. 91 . January financial report Ordered filed by consent. UNFINISHED BUSINESS III 10a. Boards and commissions No business -29- City Council meeting minutes Feb. 20, 1990 1111 lOb. Metropolitan Aircraft Sound Abatement Council Councilmember Friedman referenced Mayor Hanks' letter to Dave Durenberger relative to the purchase by Norwest Airlines of Stage II aircraft. He was asked to assist the City in its concerns that these Stage II aircraft not be purchased. He felt the Senator did not get the point that Northwest is purchasing aircraft that Europe is banning. He asked that a followup letter of clarification be sent. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to write again, not only to Durenberger but Boschwitz as well . The motion passed 5-0. Backing up to 10a, Councilmember Mitchell moved that Sam Sivanich's letter be discussed at the FEb. 26 study session. NEW BUSINESS lla. Raffle: Minnesota Operators of Music & Amusements By consent, motion to approve and waive 60-day waiting period MISCELLANEOUS 12a. Damage claims Anna Evidon Jerry Sherman By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Pro Tem 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, dated Feb. 20, 1990 approved in the amount of $503,356.75 for vendor claims and $17,056.25 for payroll claims and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. Mayer Pro Tem )n >Y Recdrding Secre ary _ 1 -30-