Loading...
HomeMy WebLinkAbout1991/11/04 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 4, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:36 p.m. 2. Presentations Mayor Hanks read a proclamation for Minnesota Chemical Health Week 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell and Lyle Hanks. 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 Jacobs, seconded by Councilmember Friedman, to approve the minutes of Oct. 21 , 1991 with the following correction: Item 6a, which number is correct: $2,000 or $3,000. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Long Range Planning session of Oct. 28, 1991 . The motion passed 4-0-2 (Councilmembers Jacobs and Meland abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the consent agenda. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to approve the agenda with the following items: llc. Special Council meeting; 12c1 . Snow storm update; 10c. Ranking of study session items; and 10d. Update - Animal control contract The motion passed 6-0. PUBLIC HEARINGS None. -160- City Council meeting minutes Nov. 4, 1991 PETITIONS, REQUEST, COMMUNICATIONS III 7a. Request of Al Engen Waiver of City ordinance and State law to provide for a sanitary sewer connection After Mr. Engen presented his request; Councilmember Meland asked if there were a variance process that can be gone through as one would for expanding a house that exceeded the requirements of the zoning ordinance. The City Manager responded there is not. Council was being asked to approve something City Ordinance does not permit. Councilmember Friedman asked if there were any way the Council could assist Mr. Engen in this process and not be in violation of its Ordinances, State law, etc. The City Attorney responded that in addition to City Code provisions, there is also a State Statute governing such requests. He said his office had looked at both and have found nothing in State Statute or the Code which permits the granting of a variance. To that extent, Mr. Engen has an alternative proposal that would comply with the plumbing code -- the one he mentioned. He wouldn't need a variance, but the attorney's office had advised and the explanation for why the proposal that was set forth in the April 22 letter wasn't pursuedcause the City does not have III the authority, either under its Code or State Statutes, to waive the requirement. The City Attorney did not believe the City can grant a variance. Councilmember Friedman asked if there was no legal review of the April letter. The City Attorney responded he did not believe his office was involved in the drafting of the agreement. It came to his office' s attention after the fact. He believed that after his office had looked into the Code provisions and State Statutes, they concluded it wasn't something the Council had authority to grant. It was his understanding the agreement wasn't acceptable to Mr. Engen because of the non-conformity provisions contained in it. The City Manager noted the results of the mediation undertaken between Mr. Engen and the City were not satisfactory to Mr. Engen. Councilmember Friedman questioned from staff' s report, to wit, " . . .connected directly to the public sanitary sewer system if available." He asked is this phrase were part of the ordinance or an editorial comment. The City Manager responded editorial comment and summary of what City Code and State Statute state. Councilmember Friedman said he would like to make a motion that if there is a way that can be interpreted to allow this request, that the Council III go ahead and allow staff to proceed. If there is no legal way to do it or a re-examination of the attorney' s provision shows that there is no way it can be done, then the matter be closed. -161- City Council meeting minutes November 4, 1991 III Mr. Engen said that according to the Building Inspector he can create a manhole in the basement that would serve the purpose. Councilmember Friedman said his motion stated, if he gets a second, if there is any legal alternative, you wouldn't have to come back to Council , that staff can approve it. If there is no legal alternative, then there is no way the City can go ahead and do something illegal . Councilmember Jacobs seconded and said as he understood what had transpired, the City Attorney has advised that there is no way to grant a variance from State Statute and City Code. He asked if there were a way to legally construct the sewer in such a way that it would be in compliance with State Statute and City Code, If so, then it can be handled at the staff level . He understood there could be no waiver; however, he asked if there were a way to construct a sewer which would be legal under State , Statute and City Code that would meet the needs of the plumbing department and Mr. Engen. Councilmember Mitchell asked who was paying attorney's fees. Was the Council initiating an attorney function for which the City is going to pay. Councilmember Friedman said that from his prespective any resident coming to the City for something should be assisted by staff. He didn't think III much research was going to be needed to determine if Mr. Engen's request is legal under the plumbing code. Councilmember Haun asked to be refreshed on the sequence of events from January 1991 . The City Manager responded that when it appeared there was an agreement at hand with Mr. Engen, he had asked the Deputy City Attorney to review the proposed agreement to see if it complied with applicable City and State law. It was the attorney's determination it did not and at that point, it was the Manager' s decision not to go forward with any agreement. Mr. Engen was offered the services of West Suburban Mediation Center but alternatives identified were not agreeable to him Councilmember Meland suggested inclusion of a historical question of when did the sewer system become available for the property at 5900 Cambridge and when it was hooked up but not hooked up at 3816 Zarthan Ave. Councilmember Jacobs questioned why the City Attorney' s office is looking at what is legal and conforming under State Statute and the City's plumbing code. He felt it was up to staff to interpret the plumbing code and for the City Attorney to review such a letter as that drafted on April 22. He did not think it appropriate ,for the City Attorney to review the proposed agreement as noted by Mr. Dixon. IIIThe motion passed 5-1 (Councilmember Mitchell opposed) . -162- City Council meeting minutes November 4, 1991 RESOLUTIONS AND ORDINANCES 111 8a. Sewer rates 2nd reading of ordinance re 1992 sewer Ordinance 1871-91 rates. Lois Spear of the Metropolitan Waste Control Commission was present to address Council and discuss their concerns re ever-increasing rates. It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Ordinance 1871-91 entitled "An ordinance amending the St. Louis Park Ordinance Code: Section 9-231 , Sewer Rental Rates. The motion passed 5-1 (Councilmember Friedman opposed) . 8b. Delinquent fees Resolution levying assessment Resolution 91-202 It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 91-202 entitled "Resolution levying assessment for delinquent water/sewer/refuse, nuisance abatements, tree removal and tree injection." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES III 9a. Vernon Ave. at I-394 Temporary use of public land It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to authorize execution of an agreement. The motion passed 6-0. 9b. Traffic study 451 Parking restrictions, south Resolution 91-203 frontage road of County Road 25 By consent, adopt Resolution 91-203 entitled "Resolution authorizing parking restrictions along the south frontage road of County Road 25 (Hwy. 7) , France Ave. to Inglewood Ave." 9c. Traffic study 452 P«rking/traffic restrictions, Central Resolution 91-204 Community Center By consent, adopt Resolution 91-204 entitled "Resolution authorizing parking restrictions along Walker St. east of Dakota Ave. (Central Community Center) . 9d. Planning Commission minutes Oct. 16 By consent, minutes received for filing. -163- City Council meeting minutes Nov. 4, 1991 UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to appoint Patrick Devine and Darcel Lewis to the Human Rights Commission. The motion passed 5-0-1 (Commissioner Mitchell absitained stating he had reservations about the function of this commission) . lOb. Minutes modification Request from Mayor Hanks to modify Aug. 6, 1991 public hearing minutes It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to amend the August 6, 1991 public hearing minutes per a request of Alyce Ten Cate. The motion passed 6-0. 10c. Outstanding issues Councilmember Friedman said he had asked the City Manager to prepare a list of outstanding matters before Council . He was asking each Councilmember to rank each item in order of what each perceived to be important and give to the City Manager so that when agendas are made, sufficient time can be allocated to the more important matters. 10d. Animal control contract Councilmember Friedman sought an update The City Manager said that upon consultation with the City Attorney's office, the decision has been to go ahead and bid this work, A more definitive report would be sent along later that week. NEW BUSINESS lla. Request for neighborhood meeting Possible use of house at Westwood Hills Environmental Nature Center as meeting/conference room It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve and authorize meeting. The motion passed 5-1 (Mayor Hanks opposed) . llb. Raffle Request from National Agricultural Student Organization It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to approve and waive 30-day waiting period. The motion passed 6-0. -164- City Council meeting minutes November 4, 1991 11c. Special meeting: Nov. 12 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to schedule a special City Council meeting at 7:00 p.m. on Tuesday, Nov. 12, 1991 . MISCELLANEOUS 12a. Damage claims Rodger Reiswig By consent, claim referred to City Manager and City Clerk. 12b. Communications from Mayor Mayor Hanks reminded Council of the AMM legislative meeting on November 8. 12c. Communications from City Manager The City Manager gave an update on the City' s response to the storm on Friday. All Councilmembers complimented staff on their efforts to clear streets and alleys. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims was approved in the following amounts: Vendor claims: $746,333.56 and payroll claims: $14,781 .62 and the City Manager and City Treasurer authorized to distri- bute checks in the appropriate amounts. 13b. Contract payments Resolution - 1 . Final : J. P. Norex, W. 41st St. reconstruction. Amount: $2,307.38 By consent, adopt Resolution 91-205 entitled "Resolution accepting work on Watermain." 2. Partial : Alber Construction, Franklin Ave. and random repair. Amount: $6,885.99 3. Partial : C. S. McCrossan, Hwy. 7/Wooddale Ave. Amount: $319,094.86 4. Partial : C. S. McCrossan, Brookside bridge. Amount: $91 ,833.86 5. Partial : C. S. McCrossan, Hwy. 7/Louisiana Ave. Amount: $434,479.64 6. Partial : NewMech, Well No. 4 reconditioning. Amount: $336,597.43 7. Partial : J. P. Norex, W. 36th St. Amount: $179,597.88 By consent, claims approved and payment authorized 14. Adjournment The meeting adjourned at 9:35 p.m. `'ayOr Recording Secretary -165-