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HomeMy WebLinkAbout1991/06/17 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY =COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 17, 1991 1 . Call to order The meeting was -called to order at 7:35 by Mayor Pro Tem Keith Meland. 2. Roll call The following Councilmembers were present: Jeff Jacobs, George Haun, Allen Friedman, Larry Mitchell , Jane Tschida and Keith Meland. Also present were the City Manager (Bill Dixon) ; Deputy City Attorney Suesan Pace-Shapiro); Director of Community Development (Dave Hagen) ; Superintendent of Engineering (Carlton Moore); City Assessor (Bruce Stepnick) . 3. Presentations Police Chief Mancel Mitchell introduced Don Peterson who presented to the Police Department a plaque recognizing 25 years of continuous involvement in the Explorer Program. Present to receive the award with Officer Doug Pieper, Sgt. Lorin Kramer and Captain Rodney Walker. 4. Approval of minutes It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to approve the minutes of the May 29, 1991 budget meeting. The motion passed unanimously. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to approve the minutes of the June 3, 1991 City Council meeting. The motion passed unanimously. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the June 10, 1991 Long-Range Planning session. The motion passed unanimously. 5. Approval of agenda It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve the consent agenda for June 17, 1991 with the removal of lla to the agenda. The motion passed unanimously. It was moved by Councilmember Jacobs, to approve the agenda for June 17, 1991 . The motion passed unanimously. PUBLIC HEARINGS 6a. Chili 's Special permit to allow a Class I restaur- Resolution 91-117 ant: Chili 's, 5425 Wayzata Blvd. There being no one wishing to speak, the hearing was closed with the right of Council to thereafter reopen and continue it at a future date. -85- City Council meeting minutes June 17, 1991 In response to a question re modifications to the lighting plan and addition of one handicapped parking space, Mr. Hagen said those modifications had been received that day and were acceptable to staff. It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to adopt Resolution 91-117 entitled "A resolution granting special permit under Section 14-124(2) of the St. Louis Park Ordinance Code relating to zoning to permit a Class I restaurant for property zoned DDD, Diversified Development District, located at 5245 Wayzata Blvd." Councilmember Friedman noted that an application for a liquor license would come before Council at a later date. Mr. Meland said that was true, on July 1. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS RESOLUTIONS AND ORDINANCES 8a. Gipper's/O'Toole's Minor amendment to a special permit Resolution 91-118 Mike Jennings addressed Council . He said there were two items not yet completed at Jenning's Red Coach: reinstallation of hood over dishwasher and painting of boiler room with fire retardant paint. Councilmember Haun, upon visit to the Red Coach, calculated they were 95-98% completed with the work. Councilmember Friedman asked if at the June 3 meeting it had not been moved and approved that all work items be completed by June 30. Mr. Dixon said that was correct. Mr. Jacobs asked Mr. Jennings if indeed the work would be done by June 30. Mr. Jennings said the boiler room was due to be painted the next day and the exhaust hood reinstalled as soon asNSF certification is received. It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to adopt Resolution 91-118 entitled "A resolution rescinding Resolution 88-117 adopted on September 6, 1988 and granting special permit under Section 14-124. 101 of the St. Louis Park Ordinance Code relating to zoning to allow building modifications to an existing restaurant in the PUD, Planned Unit Development District, at 4600-4630 Excelsior Blvd." Councilmember Tschida said it seemed to be an ongoing problem to get bars and restaurants to conform, not necessarily only Jennings. She didn't think it would hurt to wait until July 1 , 1991 to make sure pending corrections are indeed made. She said she would vote against. Councilmember Friedman felt rather than having this matter come back, the111 resolution could now be passed contingent on those two items being completed by June 30, 1991 . Councilmember Friedman offered an amendment, i .e. the permit would issue upon certification by the City's inspector that the ceiling -86- City Council meeting minutes June 17, 1991 111 in the boiler room has been completed to specifications. Mr. Hagen suggested adding condition No. 10 to the resolution stating that it becomes effective upon that occurring. The motion passed 6-0. - '8b. Community Energy Program Agreements with NSP/Minnegasco-- It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to table. The motion passed 6-0. 8c. License fee schedule First reading of ordinance amending It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve first reading, set second for July 1 , 1991 and authorize summary publication. The motion passed 6-0. 8d. License reinstatement/renewal First reading of ordinance It was moved by Councilmember Mitchell „ seconded by Councilmember Tschida, to approve first reading, set second for July 1 , 1991 and authorize summary publication. The motion passed 6-0. 8e. Housing inspectors Ordinance 1858-91 Second reading of ordinance It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Ordinance 1858-91 entitled "An ordinance changing the St. Louis Park ordinance code for licensing insurance and performance monitoring for private housing inspectors by amending Sections 13-119, 13-240 and 13-241 and adding Section 13-248.101 ." The motion passed 6-0. 8f. Nuisance ordinance First reading of ordinance It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve first reading, set second for July 1 , 1991 and authorize summary publication. The motion passed 6-0. 8g. Park Nicollet Medical Center Sale of revenue bonds Resolution 91-119 It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Resolution 91-119 entitled "Resolution authorizing the issuance -87- City Council meeting minutes June 17, 1991 and sale by the City of its Health Care Facilities Revenue Bonds (Park Nicollet III Medical Center project), Series 1991-A, authorizing execution of an indenture of trust, a loan agreement, a joint powers agreement 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 said bonds." The motion passed 6-0. .. - REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Materials with recycled content Policy promoting use of materials with recycled content in City construction and remodeling projects It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt the policy. The motion passed 6-0. 9b. Project 91-09 Reconditioning of W. 34th St/Wyoming Resolution 91-121 Ave. water tower Councilmember Tschida asked the effect of postponing this and the next project. The City Manager reminded Council that funds for these projects came from the utilities collected. Staff responded that the tower suffers from an oxidation problem and the longer it is put off, the worse it is going to be. Councilmember Friedman asked why AEC Engineering were awarded both contracts. Mr. Dixon responded AEC's reputation in the Twin Cities for water tank work is well known. The Utilities Superintendent continued AEC is extensively used because they handle all phases of any operation unlike most companies which do part of the inspections but not the whole job. Mr. Friedman said he was always concerned when competitive bidding was not sought. If no other company is available, that's one thing. But in this instance over $60,000 in contracts is going to one company. Mr. Dixon noted that the City was not required to go to bid for professional services which represented $15,000 of this bid in question. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution No. 91-121 entitled "Resolution accepting the City Engineer's report establishing Project 91-09, ordering the project, approving plans and specifications, authorizing advertisement for bids and authorizing execution of a contract with AEC Engineers and Designers." The motion passed 6-0. -88- City Council meeting minutes June 17, 1991 9c. Project 89-30 Reconditioning of ground reservoir Resolution 91-122 at Flag Ave. water treatment facility It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to adopt Resolution 91-122 entitled "Resolution accepting amended City Engineer's report, ordering project, approving plans and specifications, authorizing advertisement for bids, and authorizing execution of a contract with AEC Engineers and Designers" The motion passed 6-0. 9d. Consultant selection Hwy. 7/Louisiana Ave. Resolution 91-123 It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-123 entitled "Resolution authorizing execution of a contract for air and soil monitoring services at the intersection of TH 7/Louisiana Ave." The motion passed 6-0. 9e. Project 90-27 Replacement of CobbleCrest Pond Resolution 91-124 stormwater pumping facility It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-124 entitled "Resolution accepting City Engineer's report, establishing Project 90-27, ordering the improvement, authorizing development of project plans and specifications and authorizing advertisement for bids for Project 90-27." The motion passed 6-0. 9f. Suburban Plumbing site Right of way acquisition Resolution 91-125 It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to adopt Resolution 91-125 entitled "Resolution authorizing acquisition of right of way for T.H. 7 frontage road improvement from Apex Realty Corp." The motion passed 6-0. 9g. Update: H. J. Shotwell Shelly Kordel and Mike Bloomquist addressed the Council : Ms. Kordell on behalf of the neighbor- hood and Mr. Bloomquist on behalf of Shotwell . Councilmember Mitchell believed actions taken both by Council and staff to date are appropriate and in no way attempt to single out any one; rather, procedures and ordinances are being reviewed. He noted that a nuisance ordinance was on the agenda and might be relevant to this issue. It was underway before this matter surfaced. -89- . City Council meeting minutes June 17, 1991 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, that this issue be referred to the City Attorney for review and where appropria- te take necessary legal action. Further to direct staff to review the zoning issue and bring back a report on July 1 , 1991 . The motion passed 6-0. • 9h. Lease space - Rec Center Request of Minnesota Minnesota Recreation and Parks Assoc. Mr. Dixon said late that afternoon he had learned that MRPA ' has an offer from another landlord for less than the proposed rent at the Rec Center. Councilmember Mitchell felt the lease was worth pursuing and suggested not locking in on a price at this point. But he would like to see the improvements included in the lease in some way. Councilmember Friedman had a problem with expenditures for improvements which would, in effect, greatly reduce the rent. Councilmember Mitchell felt the proposed expenditures would separate out, but he felt it expedient to go ahead with the lease as their present lease is up at the end of the month. He noted the City would see some $10,000 coming in that is not coming in now. Councilmember Haun said he had spoken with Clif French, Executive Director of MRPA, and he had said the top figure they would pay was $10,500. It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to authorize staff to enter into lease negotiations with MRPA.with proposed improvements incorporated into the lease. Friedman The motion passed 5-0 (Councilmember/absent from chambers) . 9i . 37th/Dakota properties Mr. Dixon gave a brief update on what had transpired since June 3. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to select alternative 2: selling the three lots to Building Coordinators, and cancelling the restrictive covenants to the present owner and eliminated from the other three lots. It was Councilmember Jacobs' suggestion that rather than cancelling the restrictive covenants altogether, modify them so that the covenant requiring owner occupied on all four properties would remain on all four properties, but that the reverter of title language be taken out of the restrictive covenants. He said it was that language that was fouling up the mortgages. Councilmember Tschida did not accept that as a friendly amendment and Councilmember Haun seconded her motion. Councilmembers Mitchell and Friedman felt the covenants should remain in place; Councilmember Friedman favoring removal of the revisionary language. -90- City Council meeting minutes June 17, 1991 Councilmember Tschida reiterated her position once again, i .e. she is opposed to any kind of restrictive covenants. As someone said they are either unconstitutional or don't provide due process. Councilmember Friedman said he would oppose because removing them would materially change the process. It was his opinion there was the possibility that the City may encourage more bidding by the fact that the City is going to put in the sewer and water to the property lines. He felt this would encourage investment type bidders rather than people building for themselves. The motion passed 5-1 (Councilmember Friedman opposed) . Councilmember Friedman asked about the closing process which would take place. The City Assessor said quit claim deeds would be executed and existing purchase agreements cancelled. Then accept Mr. Bird's purchase agreements which would activate the process to sell the lots. He said normally all documents are sent to the City Attorney for review and then either a title company or staff can conduct the closing. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , that a title company do the closing work on this matter including all examination of documents. The motion passed 6-0. 9j. Housing Authority minutes May 14, 1991 9k. May 1991 financial report 91 . Planning Commission minutes June 5 Items 9j-91 ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business 10b. Half-cent sales tax Communication with Hennepin County Councilmember Mitchell still had a problem with this process. He felt it appropriate for the County to take action as it saw fit. He saw nothing in the process that said the City had to pass this resolution. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to table. The motion passed 6-0. NEW BUSINESS lla. Bid tabulation Seal coat materials Councilmember Friedman asked why no other bids were received outside of one company. -91- City Council meeting minutes June 17, 1991 The City Manager said he would provide that information. III It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to designate Koch Materials Co. the lowest responsible bidder and authorize execution of a contract for $29,666. The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Steve Hemker By consent, claim referred to City Clerk and City Manager. 12b. Communications from the Mayor Mr. Meland called on Senator Ted Mondale who addressed Council relative to the impact on St. Louis Park due to the tax bill . 12c. Communications from City Manager No business CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, list of verified claims prepared by the Director of Finance was approved in the following amounts with staff authorized to distribute checks in the appropriate amounts: Vendor claims: $239,242.00 and payroll claims $16,697.88. 13b. Contract payments 1 . Partial : Layne Minnesota Co. , Well No. 3 reconditioning. Amount: $19,456 By consent, payment approved. 14. Adjournment The meeting adjourned at 9:20 p.m. a or Pro Tem g)04/(71) ecor ing Secretary 11/ -92-