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HomeMy WebLinkAbout1991/10/21 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA October- 21 , 1991 1 . Call to order The meeting was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations Mayor Hanks read a proclamation for National Business Women's Week. The proclama- tion was accepted by Sally Henderson, president, St. Louis Park Business and Professional Women's Assoc. Mayor Hanks read certificates and presented Norfolk pine trees to the six Evergreen Award Winners (residential ) and two commercial . 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, Director of Community Development, Director of Public Works, Director of Finance and City Attorney. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Sept. 11 , 1991 study session. The motion passed 5-0-2 (Councilmembers Friedman and Meland abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Oct. 7, 1991 Council meeting. The motion passed 6-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the Oct. 14, 1991 study session with the following correction: Section 4, para. 3 should read: "He was not impressed that only six firms had presented proposals." The motion passed 6-0-1 (Councilmember Mitchell abstained) . 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to remove lld and lle from the consent agenda. The motion passed 7-0. It was moved by Councilmember Friedman, seconded by Councilmember Meland, -150- City Council meeting minutes Oct. 21 , 1991 to approve the agenda for Oct. 21 , 1991 with the following addition: 9e. T.H. 7/Louisiana Ave. The motion passed 7-0. PUBLIC HEARINGS 6a. Saigon Too Restaurant Application for 3.2 beer license 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 Friedman, to approve the application. The motion passed 7-0. Councilmember Meland said he had asked the City Clerk why the applicant had not applied for a beer/wine license. He said the fee the City charges for a 3.2 beer licens is twegiOMMIRIE04MIIIIINOwtelmemamliiimorli $750; a ✓wine license at $2000. He felt that for some of the smaller restaurants in the City coming up with $2000 was difficult. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to direct staff to take a look at possibly reducing the fee for a beer/wine license and report back to Council to see if it would be feasible. Councilmember Friedman asked to add to the motion that staff also bring back a report as to what adjacent suburbs are doing and what their fees are. The motion passed 7-0. 6b. Special permit amendment Methodist Hospital , construction of Resolution 91-201 surgery expansion Tom Brady, Executive Vice-president, spoke on behalf of the application. Terry Anderson presented schematics of the proposed changes. Randy Manthey, representing the neighborhood, addressed the Council . The neighborhood was sorry to see the oxygen storage tank moved out of the loading dock area into a more visible location. However, the neighborhood and hospital have agreed to work toward a better co-existence utilizing proper screening of the tank. Mayor Hanks noted that condition 46, rewritten by the City Attorney, 'to state: "That a revised screening plan for the screening of the oxygen tank be submitted to staff by (date to be provided by Director) which conforms to the representa- tions made by Methodist Hospital to the City. The Director said the proper date will be Oct. 21 , 1991 . //41 MS 340A•4o2(2)ce). 6" -151- City Council meeting minutes Oct. 21 , 1991 IIIMr. Anderson said the plan was to do additional landscaping/screening of the oxygen tank on City property as a power line exists on the hospital ' s property. Councilmember Friedman questioned the placement of landscaping on public property. He asked the City Attorney if an agreement was necessary to maintain it and what if somebody gets hurt. The City Attorney said in the past agreements have been prepared for utilization by a private party of public property, said agreements containing terms and conditions which address each of the items that he identified and also reserved the right of the City to regain possession at any future time if necessary. Councilmember Friedman would have no object as long as the hospital and neighborhood understand the City' s right to reclaim at any time and would hold the City harmless and pay legal fees should there be suit and that the hospital would be responsible for upkeep of the property. 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 Haun, seconded by Councilmember Tschida, to adopt, as amended, Resolution 91-201 entitled "A resolution rescinding Resolution No. 91-147 adopted on Aug. 5, 1991 and granting special permit under Section III14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of an expanded surgery wing and relocation of bulk oxygen storage tanks at 6500 Excelsior Blvd. and creation of compensating stormwater ponding storage at 3851 Louisiana Ave." and incorporating Councilmember Friedman's comments. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS Staff was asked to review a communique left with the Mayor from Joel Brand. RESOLUTIONS AND ORDINANCES 8a. Interim ordinance/moratorium Proposed zoning ordinance Ordinance No. 1868-91 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Ordinance No. 1868-91 entitled "An interim ordinance establishing a moratorium on certain land use approvals in specified industrial areas." In answer to a question from Councilmember Haun, the Director of Community Development said the moratorium applies to areas of the City that are proposed to be zoned Industrial Park or General Industrial . The motion passed 7-0. -152- City Council meeting minutes October 21 , 1991 8b. Park Nicollet Foundation bond issue Preliminary resolution Resolution 91-193 Councilmember Friedman recalled that this matter was deferred from October 7 in order for agreement to be reached on the property tax issue. He wondered if this issue had been resolved. The City Attorney said the agreement has not been returned from the Foundation. Councilmember Friedman did not feel it appropriate for the agreement to be negotiated at the Council table. James Toscano, Executive Vice-president of Park Nicollet Medical Foundation, addressed the Council . He was asking for passage of the preliminary resolution. He said the Medical Foundation had signed all papers they were asked to sign. He said the Clinic's position was a bit different -- they were willing to pay full taxes as long as they remain in the current building. Its position is it will not remain at its present location unless it can expand. What they are willing to do is sign an agreement to that effect. The Foundation's position is not to do a redevelopment agreement; rather to refinance their current mortgage. Their agreement with their tenant, the Medical Clinic, is a tentative one based on the latter's opportunity to expand. Councilmember Friedman alluded to the visit by an attorney to copy City documents He wondered what their purpose was. III The City Manager responded they did not state a purpose, and reviewed minutes and claims lists dating back many years. Councilmember Friedman asked how many requests staff receives to review files over 5 years old. The City Manager said it is not a common request. Councilmember Friedman asked what was the City policy in giving out public records. The City Manager said the policy is to follow applicable State law and Data Practices Act and to be open and accommodating to the public whenever possible. Councilmember Friedman asked how staff determined what in City files may be privileged communication. The City Manager responded that is a judgment made when a request comes forward. Councilmember Friedman asked Mr. Toscano why he had had Foundation attorneys come in to research that information. Mr. Toscano did not realize the attorney had not made a request of the City Manager. The file search was part of their environmental investigations in which the City has been invited to participate. The search had to do with III matters relating to the incinerator. -153- City Council meeting minutes October 21 , 1991 Councilmember Friedman asked Mr. Toscano if Foundation attorneys had advised him he could enter into a contingency agreement with the Clinic that if the preliminary resolution passes the Clinic will agree to pay the property taxes. Mr. Toscano said the Clinic is willing to pay the taxes should there be a contingency agreement. He was not aware that all attorneys involved had pursued that. Mr. Toscano wanted to clarify that the issue before Council is a refinancing of a mortgage on existing buildings/property that the Foundation owns. All they are doing is asking the City to help with the bond issue. The City is asking the Clinic to guarantee taxes on the building for 15 years and the Clinic is saying they will guarantee taxes as long as they remain in that building. Councilmember Friedman had a problem in that preliminary resolutions have a way of becoming permanent resolutions. What the Foundation is asking the City to do is to say that maybe, if everything goes well , this is going to be a good deal , but no one is sure exactly what the deal is because there is nothing so far in writing. In answer to a question from Mayor Hanks, Mr. Toscano said the Clinic has stated if they remain at that location they will pay taxes. Attorney Steilen said assurances of that had been received several months ago; however, there is nothing in writing at this point. Councilmember Mitchell asked Mr. Toscano what his perception was of the timeframe in which documentation would be secured. Mr. Toscano said he wished they would be signed tomorrow morning; however, there have been interrelated contingency issues of a delicate nature which are difficult to work. He said he would work very hard within the next week to get some agreement from the Clinic that would go at least most of the way towards what he perceived to be the Council ' s desires. He will propose a contingency agreement to them. Councilmember Mitchell was concerned that negotiations not be conducted at a Council meeting feeling that would be tantamount to negotiations falling apart. The City Attorney suggested that Council might wish to pass the preliminary resolution with direction to prepare a contingency agreement before the final resolution comes before it with all parties being on notice of this. Councilmember Haun asked if the mortgager had set any stipulation on a timeframe. Mr. Toscano said the lease is for 30 years; the term for the bond issue is 15 years. Councilmember Haun expressed his concern that Council seemed to be dealing with two ends of a horse which never came together before the Council . -154- City Council meeting minutes October 21 , 1991 Mr. Toscano wanted to assure the Council that in his dealings with the Clinic it is their sincere wish to stay at the present site. Also, he felt significant progress has been made on environmental understanding -- at least the understand- ing of what is before them. The City Attorney said he would be interested in receiving copies of the documents copied by the Foundation attorney. Mr. Toscano said he would be happy to do that. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to approve Resolution 91-193 entitled "Resolution giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Department of Trade and Economic Development for approval ; and authorizing preparation of necessary documents" with the amendment proposed by the City Attorney: "This resolution and the intentions set forth herein are subject to the borrower, Park -Nicollet Medical Center Med -Centers, Inc. and Connecticut Mutual Life Assurance Company entering into an agreement prior to the issuance of the revenue bonds contemplated hereby with the City wherein such parties agree to make certain real property tax payments on real property owned in fee by Med Centers, Inc. and sold to the borrower pursuant to a contract for deed dated Dec. 1 , 1975 and recorded Feb. 18, 1976 as Document No. 4192477 or certain minimum payments in lieu of such taxes in such amounts and with such terms and provisions as finally agreed to by the City." The motion passed 7-0. Councilmember Friedman requested that a copy of discussion on this matter be provided to the City Attorney's files. 8c. Moratorium ordinance Extension Ordinance No. 1869-91 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 1869-91 entitled "An emergency ordinance establishing a moratorium on certain land use approvals and building permit issuance in specified industrial areas." The motion passed 7-0. 8d. Knollwood Mall amendment Increase seating in food court Resolution 91-194 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 91-194 entitled "A resolution rescinding Resolution 91-126 adopted on July 1 , 1991 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning to allow conversion of 685 sq. ft. from. vendor area to seating by exempting the food court from compliance with the floor plan at 8332 Hwy. 7." The motion passed 7-0. 8e. Sewer rates - 1991 First reading of ordinance Councilmember Friedman asked what was the effect on the average home. -155- City Council meeting minutes October 21 , 1991 The Director of Finance responded a 5% increase would be in the area of $10/year. Councilmember Friedman asked if this rate was not raised last year. The Director said it was also a 5% raise for 1991 . Councilmember Friedman asked if anyone knew why MWCC was going up 6% outside of the fact that are telling us of the raise. The Director said there has no been an investigation or study. A lot has to do with plant renovations, increase in capacity which are tied into environ- mental issues. Councilmember Friedman intended to object. He felt the City never investigates the need for these increases, they are just passed on to the residents. Councilmember Meland agreed. He felt at least a portion of the increases represent subsidies to other communities when St. Louis Park has already paid its share. He would not oppose the rate increase at this time, but felt it a good idea to bring this question before the State Legislators prior to the next session to see if other communities which paid for their own systems, like St. Louis Park, could not be "grandfathered in" to a rate that would be more equitable and different from growing areas who should pick up their own systems. Councilmember Friedman said that was a good point, but they could go another way: Since the City is providing in our local charges for replacement or repair of our own system, MWCC give the City money for repair and replacement of our system on the same basis and percentage as they are giving other communities. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve first reading, set second reading for Nov. 4 and authorize summary publication. Mayor Hanks asked if the City's representative sitting on the MWCC be invited ,to come to address Council 's concerns. Councilmember Tschida asked what would happen if the rate increase were not approved. The City Manager said the City would probably end up drawing deeper from the fund balance. The motion passed 6-1 (Councilmember Friedman opposed) . It was moved by Councilmember Friedman, seconded by Councilmember Meland, to have a representative of the MWCC come to the November 4 meeting and indicate that the Council has questions as to why these costs continue to go up and whether or not the City can receive some relief because the City has put in its own sewers either in terms of a lesser rate or in terms of having funds available to replace the sewers as they wear out. The motion passed 7-0. -156- City Council meeting minutes October 21 , 1991 8f. Methodist Hospital Appointment of successor trusteeIII Resolution 91-195 for revenue bond sale It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 91-195 entitled "Resolution appointing successor trustee." The motion passed 7-0. 8g. Methodist Hospital Second reading of ordinance giving Ordinance 1870-91 permanent easement to Methodist Hospital It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Ordinance No. 1870-91 entitled "An ordinance authorizing transfer of a permanent easement at 6550 Excelsior Blvd. to Methodist Hospital for telecom- munication lines." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Bond fees Housing rehabilitation and redevelopment It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, that this item be placed on an upcoming study session. The motion passed 7-0. III 9b. Planning Commission minutes Oct. 2 9c. Housing Authority minutes Sept. 12 9d. September financial report Items 9b-9d ordered filed by consent. 9e. T.H. 7/Louisiana Ave. Councilmember Friedman questioned the piling of dirt in this area (surcharging) . The Director of Public Works said that had been done at the counsel of the consulting engineer. Councilmember Friedman alluded to the comment that the roadway will settle 4" over the next 20 years, thus requiring upkeep by the City. He asked if there were any way that could have been alleviated or is there anything that can be done to relieve the settling. The Director said the only other option would have been to mine out approximately 30-40 ft. of peat in that area which, because of its proximity to the Reilly Tar site, was not viewed as a viable option. Councilmember Friedman asked if there wasn't something that could be done so that the City did not have to keep returning to this site for work. III The Director said the only other option would to have the intersection remain closed to traffic on the north approach of Louisiana Ave. to Hwy. 7 until Spring. -157- City Council meeting minutes October 21 , 1991 III In answer to a question, the Director said the charge to monitor and do whatever work is necessary as opposed to surcharging would be approximately $5,000. UNFINISHED BUSINESS 10a. Boards and commissions Police Civil Service Commission It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to appointment Tom Gale to the Police Civil Service Commission. The motion passed 7-0. NEW BUSINESS lla. Gambling license renewal : VFW It was moved by Councilmember Resolution 91-196 Meland, seconded by Councilmember Tschida, to adopt Resolution 91-196 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 6-1 (Councilmember Friedman opposed) . llb. Gambling license renewal Braille Sports Foundation Resolutions 91-197, 91-198 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to ill adopt Resolutions 91-197, 91-198 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling" (Bunny's and Al 's Liquors) . llc. Bid tabulation By consent, adopt Resolution 91-199 Resolution 91-199 entitled "Resolution accepting bid and approving contract for Improvement Project 90-04: Stormwater holding pond, W. 32nd St./Oregon Ave." lld. Bid tabulation Councilmember Friedman recalled that Resolution 91-200 one of the intersections slated for an EVP was Dakota/Minnetonka. He didn't understand why other intersections had pre-empted that one for installation. Councilmember Friedman wondered about installation of the system in district squad cars, at least first call cars. It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution No. 91-200 entitled "Resolution accepting bid and approving contract for improvement Project 91-08: Emergency vehicle pre-emption installa- tion on the traffic signal systems on T.H. 7 at Texas Ave. and Aquila Ave." The motion passed 7-0. lle. Animal control contract Councilmember Friedman asked what restraint of trade might be relative IIIto the animal control contract. The City Attorney responded there are certain laws governing competitiors attempting to ensure a pro-competitive environment. -158 i City Council meeting minutes Oct. 21 , 1991 Councilmember Friedman asked if it were possible that the proposed animal III control constituted restraint of trade. The City Attorney said that without additional facts, he could not comment. Councilmember Friedman asked that any action be deferred until staff has an opportunity to report back from the City Attorney as to whether or not the City is a party to restraint of trade. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to table the matter. The motion passed 6-1 (Mayor Hanks opposed) . F. Crosswalks Councilmember Friedman expressed his concerns about crosswalks. It was his feeling they were installed to assist people in getting across streets. It was his perception cars simply will not stop for individuals using crosswalks. He wondered what was the value of putting in crosswalks and spending the money when they are not observed. He wondered if a program could not be instituted directed at the driving public that the City is going to enforce very stringently drivers not yielding to individuals using crosswalks. He was asking the City to look closely at this problem. He also asked that it be looked at from an insur- ance standpoint, i .e. does the City have any liability should one be hit while III in a City-installed crosswalk. Councilmember Mitchell felt it would be appropriate to schedule this for an upcoming study session. MISCELLANEOUS 12a. Damage claims St. Luke's Lutheran Church Marjorie Anderson By consent, claims referred to City Manager and City Clerk 12b. Communications from Mayor Study sessions were scheduled for Oct. 28, Nov. 12 and Nov. 251 at 7:00 p.m. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS )6a. By consent, approve the list of verified claims and authorize payments in the following amounts: Vendor claims: $916,502.27; payroll claims: $13,456.23. 14. Adjournment The meeting adjourned at 9:35 p.m. 15 .) 14^-14A--' III ar i Mayor IF R cording Secretary --159-