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HomeMy WebLinkAbout1991/10/07 - ADMIN - Minutes - City Council - Regular IIIMINUTES CITY COUNCIL MEETING - ST. LOUIS PARK, MINNESOTA October 7, 1991 1 . Call to order The meeting was called to order by Mayor Hanks at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation honoring Community Television Week. The proclama- tion was resented to John McHugh of the City's cable television staff. Jim Rhodes, School District 283 Board, gave a brief presentation on Community Education and passed out a draft of a proposed joint powers agreement between the School District and City. 3. Roll call The following Councilmembers were present: Jeff Jacobs, George Haun, Allen III Friedman, Jane Tschida and Lyle Hanks. Larry Mitchell arrived shortly thereafter. Also present were the City Manager, Deputy City Attorney, Director of Public Works, Director of Community Development and City Assessor. 4. Approval of minutes It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes of the Sept. 16, 1991 meeting. The motion passed 6-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the study session of Oct. 2, 1991 meeting. The motion passed 5-0-1 (Councilmember Tschida abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to approve the consent agenda for Oct. 7, 1991 . The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda for Oct. 7, 1991 with one addition: 10b. Recycling. The motion passed 6-0. PUBLIC HEARINGS 6a. Interim ordinance/Moratorium111 Harvey Wilkins addressed the Council . -142- , City Council meeting minutes October 7, 1991 He expressed his concerns relative to lease/sale of the Westinghouse building which he owns re the zoning moratorium. He was asking that the building be 111 excluded from the moratorium and they need the City' s cooperation in assisting him to lease/sell it. Councilmember Friedman asked if Mr. Wilkins had a signed purchase agreement for the building. He responded he did. Chris Dietzen, Mr. Wilkins' attorney, spoke. He noted the purchase agreement had an Oct. 20 expiration date so time was of the essence. He reiterated the re- quest made of Mr. Wilkins, that it be allowed to remain I-2 zoning which would allow them to sell the property. It would fit the type of use that is contemplated by the purchase agreement. 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. Councilmember Friedman, based on the fact that if necessary, the Council would meet sooner in order to expedite this matter, moved to approve first reading, set second for October 21 , 1991 . Councilmember Tschida seconded. Also the motion was predicated on full City Attorney review. The City Attorney commented on exemption of certain properties from the application of the moratorium ordinance. She noted that request for exemption had been received from Mr. Dietzen. In reviewing the case law, one of the standards used in determining the validity of a moratorium ordinance is that they treat III all- property owners similarly situated the same. To exempt one site where the proposed use of the property would not be permitted under a new zoning ordinance would be to treat the site differently. She recommended the Council avoid that. Councilmember Friedman wanted staff to have the time to review all pieces of property similarly situated coming under the moratorium. The motion passed 6-0. 6b. Flame Metals Special permit request: Construction of Resolution 91-180 shipping/receiving dock enclosure within the floodplain at 7317 W. Lake St. Leonard Laskow, Vice president of Flame Metals, spoke on behalf of their request. He said they would like to modify the proposal by dedicating the area adjacent to his plant for additional parking should that ever be required. He would not wish to dedicate that area he has blacktopped; rather, it be reserved for additional parking if needed in future. Councilmember Friedman asked if this would be incorporated into the deed to the land so that any future purchaser of the property will know that there are X number of dedicated parking spots. Mr. Laskow said that would be no problem. -143- City Council meeting minute% October 7, 1991 The City Attorney suggested adding that as a condition of the special permit. III 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 Friedman, seconded by CouncilmemberJacobs , to adopt Resolution 91-180 entitled "A resolution granting special permit under Section 14-123.100 of the St. Louis Park Ordinance Code relating to zoning to permit construction of a shipping/receiving dock enclosure within the floodplain for property zoned F-2, floodplain, and I-1 , industrial districts located at 7317 W. Lake St." incorporating the suggestion of the City Attorney. The motion passed 6-0. 6c. Park Nicollet Foundation Bond issue The City Attorney referenced a letter from bond counsel to Mr. Toscano of the Foundation in which it stated that Council voting on a preliminary resolution was dependent upon Council 's receipt of two documents, one of which had not yet been received relating to property taxes. She suggested deferring action on the preliminary resolution until such time as all necessary documents III are received. Mr. Toscano was present to answer questions. Mr. Thiel , the Foundation' s attorney, explained the Foundation had a number of concerns relative to the property tax document and therefore it had not been completed. He felt all con- cerned could get the document in order prior to adoption of the preliminary resolution. 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 Friedman, seconded by Councilmember Tschida, to defer further action to October 21 , 1991 and direct staff to work with the Foundation to resolve the property tax matter. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Rotary proposal for major art project Jim Brimeyer gave a presentation on behalf of the Rotary Foundation. What they were proposing was commissioning a sculpture from Evelyn Raymond for placement in an appropriate City park. It was proposed this would be a joint III City/Rotary community project to be funded by Rotary and a fund-raising campaign. He suggested a steering committee be formed consisting of Rotary members, elected officials and City staff which would be charged with choosing a location, location design, cost estimates, fund-raising and coordination of all details. -144- City Council meeting minutes Oct. 7, 1991 Councilmember Friedman had no quarrel with the concept, but couldn't support 111 the expenditure of such monies when people in the community are having a hard time hanging onto their homes and feeding their families. Councilmember Tschida felt the Council would be remiss in passing up such an opportunity to beautify the City and create a landmark. She felt there was a place for beauty in the human psyche as well as needs for food and drink and shelter. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to refer the proposal to the Park and Recreation Commission for study. The motion passed 5-1 (Councilmember Friedman opposed) . RESOLUTIONS AND ORDINANCES 8a. Utility easement - Knollwood Mall Second reading of ordinance Ordinance No. 1867-91 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Ordinance 1867-91 entitled "An ordinance vacating a portion of utility easement: 8332 Highway 7." The motion passed 6-0. 8b. MHFA Loan Program fund llesolution 91-181 III Councilmember Friedman asked what the administrative costs were. The City Manager responded the time of an employee in Inspections. Councilmember Friedman noted in one instance it appeared the administrative costs were counted in and in the proposal counted out. He would prefer to see the full amount for ' the program. The City Manager said he would provide an answer on that. Councilmember Friedman said he could vote for this only if the entire funding goes for the program and the City absorb administrative costs. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 91-181 entitled "Resolution authorizing application for MHFA deferred loan program funds." The motion passed 6-0. 8c. Steffel variance 3380 Texas Ave. Resolution 91-182 It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution 91-182 entitled "A resolution granting variance in size limit for a detached garage from Section 14-108(1 ) of the Ordinance CodeIII relating to zoning to permit a 2,278.8 sq. ft. detached garage instead of the required maximum of 1 ,000 ft. in the R-2, Single Family Residence District, at 3380 Texas Ave." -145- City Council meeting minutes Oct. 7, 1991 III Mayor Hanks could not go along with condition 10 in the resolution. He felt it reflected merely as convenience to the applicant. The Director of Planning said this condition was necessary to grant a variance both under State law and City code. The motion passed 5-1 (Mayor Hanks opposed) . 8d. Emergency pre-emption system Execution of agreement with MnDOT for Resolution 91-183 EVP installation at T. H. 7/Aquila/Texas It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 91-183 entitled "Resolution authorizing execution of cooperative agreement No. 68913 with MnDOT for the installation of emergency vehicle pre-emption on the existing traffic control signals on T.H. 7 at Aquila Ave. and Texas Ave." The motion passed 6-0. 8e. Methodist Hospital Permanent easement It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to approve first reading, set second for Oct. 21 , 1991 and authorize summary publication. IIIThe motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Rec Center A/C Consultant proposals It was moved by Councilmember Tschida, seconded by Councilmember Friedman, to accept the proposal from Hammel , Green and Abramson at a cost of $800. The motion passed 6-0. 9b. Honeywell Follow-up report on hazardous waste storage Councilmember Friedman asked how the MPCA inspection progrescheduled. Fire Chief Robertson said it was done on a 2-year basis, scheduled for Dec. this year. He did not believe a firm received pre-warning of an inspection. Councilmember Friedman asked for the City's inspection reports of the Honeywell facility for the past four years. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to receive the report for filing. The motion passed 6-0. III Mayor Hanks held out hope that the neighborhood and Honeywell would yet gtt( to- gether to try to resolve their differences. -146- City Council meeting minutes Oct. 7, 1991 9c. Traffic study 450 Brunswick at Brookview resolution 91-184 III Kevin Stiles, 3957 Brunswick and Jerry Jensen, 3936 Brunswick, spoke in favor of stop sign installation. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 91-184 entitled "Resolution authorizing stop sign placement at the intersection of Brunswick Ave. and Brookview Lane." The motion passed 6-0. 9d. Consultant selection Stormwater quality management program Resolution 91-185 It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution No. 91-185 entitled "Resolution authorizing execution of a contract for consulting services related to the stormwater quality management program." Councilmember Jacobs asked about bidding this project. The Director of Public Works said staff had received quotes from two consulting firms that have background knowledge in this area -- the only two that staff is aware of. The motion passed 6-0. III 9e. Dredging Bass Lake It was moved by Councilmember Haun, resolution 91-186 seconded by Councilmember Jacobs, to adopt Resolution 91-186 entitled "Resolution accepting the City Engineer's report for the dredging of Bass Lake, establishing the- project as Project 90-06, directing the preparation of permit applications and development of the environmental assessment worksheet for Project No. 90-06 and authorizing preparation of plans and specifications." Councilmember Haun suggested getting competitive bids for fill removal in the winter vs. removal in the summer when it is drier. He felt a more competitive bid might be gotten in the winter time. The Director of Public Works felt this was sound planning and opened up options and flexibility in this project. The motion passed 6-0. 9f. Contract extension with ENSR Reilly Tar & Chemical related activities Resolution 91-187 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-187 entitled "Resolution authorizing execution of Amendment No. 2 to City Contract No. 1947.90 with ENSR Consulting and Engineering." The motion passed 6-0. III 9g. Cable TV Commission minutes Sept. 19 By consent, minutes ordered 9h. Housing Authority minutes Aug. 13 filed 9i . Planning Commission meeting minutes Sept. 25 -147- City Council meeting minutes Oct. 7, 1991 IIIUNFINISHED BUSINESS 10a. Boards and commissions Fire Civil Service Commission It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to appoint Bob Bennett to the Fire Civil Service Commission. The motion passed 6-0. Interviews for board/commission interviews were scheduled for Oct. 21 . 10b. Recycling Councilmember Friedman referenced a short article from the newspaper on St. Paul 's curbside recycling program singled out for a best in the country award. He was under the impression St. Louis Park's long-standing recycling program was one of the best in the country. He asked if someone from staff could offer an explanation as to what makes the St. Paul program worthy of such accolades. NEW BUSINESS lla. Children' s Heart Fund Gambling license renewal Resolution 91-188, 91-189 III It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolutions 91-188 and 91-189 entitled, respectively, "A resolution of the St. Louis Park City Council approving issuance o a premises permit for the conduct of lawful gambling (Jennings Red Coach Inn)" and "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Gipper' s Sports Bar & Cafe) ." The motion passed 5-1 (Councilmember Friedman opposed) . llb. Bid tab Cobblecrest Lake stormwater pumping facility Resolution 91-190 By consent, adopt Resolution 91-190 entitled "Resolution accepting bid and approving contract for improvement Project No. 90-27: Replacement of Cobblecrest Lake stormwater pumping facilities." llc. Hwy. 25/Ottawa Ave./Belt Line Blvd. It was moved by Councilmember Jacobs. seconded by Councilmember Haun, to request that Hennepin County immediately install a formal _pedestrian crossing along Hwy. 7/Ottawa Ave. and that staff look into the feasibility and cost of a pedestrian bridge over the roadway. The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Automate Assoc. Carol Tuszynski Beverly Brooks Michael Keogh By consent, claims referred to City Clerk and City Manager -148- City Council meeting minutes Oct. 7, 1991 12b. Communications from Mayor Mayor Hanks requested a special meeting on Oct. 14 to further discuss selection of an architect for the police facility. Mayor Hanks mentioned there was a STEP fund raiser on Oct. 11 . 12c. Communications from the City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims were approved in the following amounts: Vendor claims: $857,341 .61 and payroll claims: $18,749.20 and the City Manager and City Treasurer authorized to distribute checks in the appropriate amounts. 13b. Contract payments - Final 1 . Layne Minnesota: Well No. 3 reconditioning. Amount: $1 ,024.00 By consent, adopt Resolution 91-191 approving payment Contract payments - Partial 2. Alber Construction. Franklin Ave. reconstruction. Amount $45,954.73 3. C. S. McCrossan: Hwy. 7/Wooddale Ave. Amount: $131 ,873.29 4. J. P. Norex: W. 41st St. Amount: $4,035.24 5. J. P. Norex: W. 36th St. Amount: $243,678. 37 6. NewMech: Well No. 4. Amount: $251 ,928.42 7. C. S. McCrossan: Brookside bridget. Amount: $58,834. 10 8. C. S. McCrossan: T. H. 7/Louisiana Ave. Amount: $260,044. 12 9. Environmental Systematics: Fire Station No. 2 upgrade. Amount: $28,500.00 By consent, partial payments approved 14. Adjournment The meeting adjourned at 9:32 p" , /6/ 447'44 Mayor/ ‘WK 1/tith Recording 4cretary -149-