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HomeMy WebLinkAbout1991/05/20 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA May 20, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:35 p.m. 2. Roll call Present were Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, Director of Public Works, Director of Community Development and Finance Director. 3. Presentations Mayor Hanks presented resolution Resolution 97-97, 91-98 91-97 to Roger Landgren, retiring Police Lieutenant and Resolution 91-98 to Allen Engen, Right of Way Agent on the eve of their retirements. 4. Approval of minutes It was moved by Councilmember Jacobs, sec- onded by Councilmember Mitchell , to approve the minutes of the May 6, 1991 Council meeting minutes. The motion passed 4-0-2 (Councilmembers Meland, Tschida abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the special May 13, 1991 meeting. The motion passed 6-0-1 (Councilmember Meland abstained) . It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes of the May 13, 1991 Long Range Planning session. The motion passed 6-0-1 (Councilmember Meland abstained) . 5. Approval of agenda It was moved by Councilmember Meland, seconded by Councilmember Tschida, to approve the consent agenda with the removal of 9b, and lla. The motion passed 7-0. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to approve the agenda with the addition of 10b. Community-based policing and 10c. Carbon haulers. The motion passed 5-0. PUBLIC HEARINGS 6a. Franklin Ave. reconstruction Project 90-15: Reconstruction of Resolution 91-99 Franklin Ave. from Westwood Hills Dr. to Westmoreland Ln. -66- • There being no one wishing to speak, the Mayor closed the meeting with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-99 entitled "Resolution ordering improvement, approving plans and specifications and authorizing advertisement for bids for Improvement 90-15, paving, curb & gutter and storm sewer on Franklin Ave. from Westwood Hills Dr. to Westmoreland Ln." Councilmember Friedman asked that at the time the development was put in did the developer have any escrow funds that were other than to complete the project that may still be escrowed somewhere. Staff was asked to provide that information. The motion passed 7-0. 6b. Hwy. 7 north frontage road Project 88-26 Resolution 91-100 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue the hearing at a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-100 entitled "Resolution ordering improvement, approving plans and specifications and authorizing advertisement for bids for Improvement No. 88-26, paving, curb & gutter, storm sewer and street lighting on Dakota Ave. north of T.H. 7 and the north frontage road of T.H. 7 from 800 ft. east to 200 ft. west of Dakota Ave." The motion passed 6-1 (Councilmember Friedman opposed) . 6c. MEPC Registered land survey Resolution 91-101 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 Mitchell , to adopt Resolution 91-101 entitled "Resolution giving approval for regis- tered land survey: MEPC American Properties." The motion passed 7-0. 6d. Bridge over Minnehaha Creek Request of St. Louis Park for Resolution 91-102 special permit to construct a bridge over Minnehaha Creek at Brookside Ave. 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 Jacobs, to adopt Resolution 91-102 entitled "A resolution granting special permit Under Section 14-123. 100(2) of the St. Louis Park ordinance code relating -67- City Council meeting minutes May 20, 1991 to zoning to permit construction of a bridge over Minnehaha Creek at Brookside Ave. and associated road approaches for property zoned F-1 , floodway; F2, floodplain; and R-1 , single family residence districts, located at Brookside Ave. and Minnehaha Creek." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Variance appeal : Susan Fisher Susan Fisher addressed Council . She was seeking to subdivide her 120 x 309 lot into 2 lots 60 x 309 for the purpose of building a new home. — Hardship criteria not having been met, she was denied by the Board of Zoning Appeals. She cited the following variance requests from residents of the Brookside neighborhood which were approved: No. , 61-29 on Vernon Ave. ; No. 61-38 on Alabama Ave. ; No. 62-16 on Brookside; No. 69-55 on Alabama; No. 78-36 on Alabama; No. 78-90 on Brookside; 83-12 on Brunswick/Meadowbrook Blvd. The following neighbors of Ms. Fisher spoke in support of her request: Nancy Pascoe, 4090 Colorado Ave. , Shelley Davis, 4127 Colorado Ave. , Randy Johnston, 4078 Colorado Ave. and Debbie Blake, 4091 Colorado Ave. Councilmember Haun said he had visited the site, talked with Ms. Fisher and her neighbors. He felt it was a very unique situation in that the lot is one acre with the present house tucked way up in the northerly portion of the lot giving the impression that the rest is a vacant lot. He had no problem with subdivision especially since the neighbors had no opposition to it. It was moved by Councilmember Haun, seconded by Councilmember Tschida, to grant the variance. Councilmember Mitchell asked the City Attorney for an opinion on potential legal implications of approval . The City Attorney counseled that very precise language must be developed for a resolution of approval/denial which would, in part, address the precedential consequences of its decision. Councilmember Haun amended his motion to direct preparation of a resolution of approval . The second concurred. Councilmember Meland recalled that in the past few years Council had turned down variances in a neighborhood having R-1 and R-2 zoning in the same block. He asked what would be the effect of a favorable approval in the present instance. The City Attorney responded to the extent that applicant would reapply or a court would find the requests to be similar, the court could look to precedent in finding the Council 's denial arbitrary. The key question is similarity and the reasons for Council ' s action in the prior case as compared to the one before it. City Council meeting minutes May 20, 1991 In response to a question from Councilmember Meland, the City Attorney said hardship was not shown in staff's report. III Councilmember Mitchell , while not necessarily opposed to a resolution of approval , was curious to see how that is going to contrast with prior decisions in this area. Mayor Hanks felt the fact that Ms. Fisher would end up with two lots that exceed minimim standards had implications relative to approval . Councilmember Mitchell felt the issue came down to the ability to establish the uniqueness of this situation. The motion passed 5-1-1 (Councilmember Meland opposed; Councilmember Friedman abstained) . RESOLUTIONS AND ORDINANCES 8a. Home Rule Charter Second reading of ordinance Ordinance No. 1855-91 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Ordinance 1855-91 entitled "An ordinance amending various sections of the St. Louis Park Home Rule Charter." The motion passed 7-0. 8b. Gipper's/O'Toole's Minor amendment to special permit III This item was withdrawn at applicant's request. It was moved by Councilmember Tschida, seconded by Councilmember Meland, to defer to June 3, 1991 . The motion passed 7-0. 8c. Capital Improvement Program It was moved by Councilmember Resolution 91-103 Mitchell , seconded by Councilmember Meland, to adopt Resolution approving the Capital Improvement Program entitled "Resolution approving 1992-1995 Capital Improvement Program." The motion passed 7-0. 8d. Plastic food packaging ordinance As an update, the City Manager said Council had requested that the ordinance for the City that was to have gone into effect on July 1 , 1991 be amended so that it is consistent with Minneapolis and St. Paul ordinances. Before Council was an amended ordinance whereby the prohibition is phased in over the next 6 months based on the type of packaging and where it is sold. -69III - City Council meeting minutes May 20, 1991 Councilmember Friedman said he had spoken to a number of vendors in the City, all of whom acknowledged information having been received by staff. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to set second reading for June 3, 1991 and authorize summary publication. The motion passed 7-0. 8e. 1980 single family mortgage bonds Resolution 91-104 Kathy Aho gave a briefing on where this item stood. In answer to a question from Councilmember Friedman, she said the interest rate carried on a mortgage would be 7.69% with 3 discount points paid at closing -- the equivalent of .375%. While the nominal rate on a mortgage stays at 7.69%, the net effective rate to the borrower is 8.06% It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-104 entitled "Resolution authorizing the issuance and sale by the City of its single family residential mortgage revenue refunding bonds (GNMA-Mortgage backed securities program) , Series 1991-A, authorizing execution of a trust indenture, separate origination, servicing and administration agreements and a purchase contract all relating to said bonds, and authorizing other action to be taken with respect to the issuance, sale and delivery of the bonds." Councilmember Friedman asked if, in the handout just received, is there anything that sets the rate not to exceed 8.065% to the borrowers. Mr. Tietz, bond attorney, said there is a trust indenture which is approved by the resolution before Council . That trust indenture contains all the numbers written in in exact amounts and specifies a 7.69% rate on the mortgage and 3 discount points and also specifies the interest rate on the bonds. Therefore, Council by resolution is approving exact interest rates. The motion passed 7-0. 8f. Recycling Mandatory recycling in apartment buildings It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to set second reading for June 3, 1991 and authorize summary publication. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. W. 36th/Aquila improvement The Director of Public Works Resolution 91-105 noted that there would be sidewalks on both north and south. It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 91-105 entitled "Resolution ordering improvement, approving plans and specifications and authorizing advertisement for bids for Improvement No. 90-33: paving, curb & gutter, storm sewer, sanitary -70- City Council meeting minutes May 20, 1991 sewer, lift station, forcemain, sidewalk and street lighting on W. 36th St./Aquila Ave." III The motion passed 6-1 (Councilmember Friedman opposed) . 9b. Stop sign: Princeton Ave. Traffic study No. 442 Resolution 91-106 It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to adopt Resolution 91-106 entitled "Resolution authorizing stop sign placement (all four approaches) : Princeton Ave. and W. 29th St." The motion passed 7-0. 9c. Traffic study 443 Parking restrictions: 3356 Gorham Resolution 91-107 By consent, adopt Resolution 91-107 entitled "Resolution authorizing parking restrictions within 20 ft. of the Gorham Ave. driveway access to 3356 Gorham Ave." 9d. Employee recycling at City facilities It was moved by Councilmember Mitchell , seconded by Council- member Friedman, to receive the report for filing and forward to Hennepin County. The motion passed 7-0. III 9e. Housing Authority minutes April 9, 1991 9f. Planning Commission minutes May 1 , 1991 9g. 1990 Comprehensive financial report 9h. April 1991 financial report Items 9e-9h received for filing by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell to appoint Andy Erickson to the Planning Commission. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to appoint Dobie Hunegs to the Cable TV Advisory Commission. The motion passed 7-0. III -71- City Council meeting minutes May 20, 1991 10b. Community-based policy: Policing Councilmember Friedman said he had discussed this with both the City Manager and Chief of Police and that the Chief had made available to him the Mott Foundation report. He thought all members of the Council should receive a copy of this report. He asked that the City Manager bring staff up-to-date on what it has been doing with this material . The City Manager said the Chief was planning on a presentation at the June 10 Long Range Planning session. NEW BUSINESS lla. Bid tab The City Manager said there had been some question as to why the apparent low bidder did not submit the performance bond at the time of the bid opening thus raising a question as to the legality of the bid process. It appears the bidder forgot it on his desk He did retrieve it and return to City Hall within an hour. The City Attorney said case law does require strict adherence to the competitive bid requirements. He said he did find a Court of Appeals case dating from 1984 which distinguished bid bonds from performance/labor & material bonds. In that case the Court did find that the city was within its discretion to award a contract to someone who had neglected to include their bid bond by requiring them to submit it within two days of the Council action. However, he cautioned the Council in making a discretionary decision in the present case. In response to a question by Councilmember Friedman, staff said that the bid- der had the bond, merely forgot it on his desk and returned to City Hall with- in one hour. Further, that the bond had been notarized the day before and he could not have gotten it in an hour's notice that it took him to return. It was moved by Councilmember Friedman, seconded by Councilmember Meland, to designate Environmental Systematics as the lowest responsible bidder and authorize execution of a contract for $37,500. Councilmember Jacobs concurred with Councilmember Friedman and believed, too, that selection of Environmental Systematics was in the City's best interest. He asKed the City Attorney that in the event a court down the line were to find ES was not in strict compliance with the law, what would be the City' s potential liaiblity? The City Attorney said there was a Supreme Court decision in the late 80' s stating an unsuccessful bidder must immediately challenge the award in the event the contract is let and work performed. The unsuccessful bidder's damages are limited to court costs for challenging. The motion passed 7-0. -72- City Council meeting minutes May 20, 1991 lib. Carbon haulers Performance bond Councilmember Mitchell was not sure he understood the memo to Senator Mondale but was concerned about communicating it without having discussed it and somehow down the road for this to be used against the City.He felt it should be discussed - where is it today, where has it gone, what is the issue, etc. The City Manager said a City response to the bill had been delivered to Sen. Mondale by Jim Grube and placed in his file. Mr. Grube felt at this point, without documentation, that the item has gone nowhere as regards St. Louis Park. MISCELLANEOUS 12a. Damage claims None. 12b. Communications from Mayor It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to reschedule the next open meeting on the zoning ordinance for May 29, 1991 . The motion passed 7-0. Letter from VFW: Mayor Hanks referenced their letter in which they expressed their desire to put on fireworks, but did not have the funds to do so. Mayor Hanks hoped some civic spirited elements in the community might find their way clear to donate the necessary funding. Human Rights Commission letter to Sailor: Mayor Hanks said the commission had prepared a letter for publication stating its purpose. He said he had asked the City Manager to bring this item up at the May 29 session. 12c. Communications from City Manager None. , CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated May 20, 1991 was approved in the following amounts: Payroll claims: $806,871 .17; and payroll claims $15,303. 15 and staff authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 8:55 p.m. Mayor °1 Recording Secretary --73-