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HomeMy WebLinkAbout1991/06/03 - ADMIN - Minutes - City Council - Regular 4b MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA June 3, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:35 p.m. 2. Roll call Present were Councilmember Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were the City Manager, City Attorney, Director of Community Development (Mr. Hagen) , Director of Public Works (Mr. Grube) , City Assessor and Director of Parks and Recreation. 3. Presentations Mayor Hanks presented plaques to the five Evergreen Award winners. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to approve the minutes of the May 20, 1991 meeting with the following correction: item lOb. the foundation name is Mott; pg. 72, lla. 3rd paragraph should read: "In response to a question by Councilmember Friedman, City staff said that the bidder had the bond, merely forgot it on his desk, and returned to City Hall within one hour. Further, that the bond had been notarized the day before and it could not have been gotten in a hour' s notice that it took him to come back." The motion passed 7-0. It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to approve the minutes of the May 22, 1991 study session. The motion passed 5-0-2 (Councilmembers Friedman and Meland abstained) . 5. Approval of agenda It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to approve the consent agenda with the removel for discussion of lib. The motion passed 7-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda with the addition of: 10b. Park Nicollet Medical Center; 12b1 Half-cent sales tax; 9k. MRPA use of City Recreation Center facility. The motion passed 7-0. -74- City Council meeting minutes June 3, 1991 12c1 . Eliot View neighborhood concern Because of the large number of residents present from the Eliot View neighbor- hood, it was the consensus to take this item first. The neighborhood' s concern relative to the operation of H. J. Shotwell Co. facility at 2200 Florida was addressed by Shelley Kurdell , 6739 Eliot View Rd. Among the concerns were noise pollution, nuisance and disturbances caused by the firm's stamping presses and its desire to place air conditioning units on the roof. Ms. Kurdell said because of these factors, it was virtually impossible for residents of the neighborhood to enjoy any peace or quiet in this neighborhood. Councilmember Mitchell said he visited the site about 7:30 a.m. and could hear the noise upon opening his car door. He was in complete sympathy with the plight of the neighborhood. He asked that the City Attorney address the issues he had brought up to him. The City Attorney said his office had begun to look into a range of enforcement options available to the City ranging from a noise/vibration study as alluded to by Ms. Kurdell in her remarks, MPCA standards, nuisance issues, regulation of hours of operation, and various code issues. Councilmember Mitchell concurred with Ms. Kurdell who noted that in 1987 staff recommended that the Edgewood Industrial Park be rezoned light industrial . Unfortunately, this was not done. Had it been done, there would not now be this problem. III Councilmember Friedman questioned the placement of the stamping presses and was a special permit required. Mr. Dixon responded staff was shown plans for press location which was to be away from the residential area. Apparently complaints were received from a neighboring business and the presses relocated to the north side, or residential side, of the building. It was his understanding that any permits required did not specify where pieces of equipment were to be located, but staff did make recommendations. Councilmember Friedman suggested the electrical and mechanical inspectors might want to revisit Shotwell to see whether or not the permits as pulled are now in the proper locations and that there have not been any extensions or changes that are not reflected in the original plan. The City Manager felt that could be done. Councilmember Friedman asked that somebody contact Shotwell , get them to realize what is going on and to rectify the matter without going into litigation. Mr. Dixon said he had spoken with the proprietor of Shotwell, made him aware of what was going on and that it would be on this evening' s agenda. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, that staff get in touch with Shotwell and determine what is going to be done on their behalf to resolve this problem and save everyone time, trouble and potential litigation. Councilmember Mitchell added to the motion that the nuisance ordinance be researched and that all avenues be pursued to address this issue and return to Council on June 17. -75- City Council meeting minutes June 3, 1991 Councilmember Jacobs wanted staff to move ahead with all expediency . The motion passed 7-0. PUBLIC HEARINGS None. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Fireworks By consent, adopt Resolution 91-110 entitled 91-110 "A resolution granting temporary use of City property (Aquila Park) for July 4 fireworks display." 9b. Minor amendment: O'Toole's/Gippers It was moved by Councilmember Meland, seconded by Councilmember Haun, defer to June 17, 1991 . Councilmember Friedman asked if any of the remaining code compliance issues to be accomplished were a sanitary nature that makes it hazardous to do business when these extensions are permitted. The City Manager said that staff estimates health-related corrections are approximately 75% completed. Councilmember Friedman was upset with an apparent double standard in which one cannot sell a home without an inspection and everything brought into compliance; yet a business in this case is sort of coming into code compliance at their own speed. He thought this not fair, not equitable, and not right. He reminded that a liquor license was not a right, that it was a privilege under State law. He felt a time limit should be set, and should compliance not be forthcoming, perhaps that liquor license should be pulled. He added to the motion that all work be completed by June 30, 1991 . The motion passed 7-0. 8c. NSP/Minnegasco agreements Councilmember Friedman was concerned why the City has to be liable and extend its liability insurance and car insurance as this is really not a City project. He understood the only thing the City was being asked to do was publicize the program through the City newsletter. He could not see the purpose in such binding agreements. In answer to a question, the City Manager saw no problem with a 2-week deferral . Councilmember Friedman wondered why, under the House Doctor Program and Energy Conservation Program, no agreements had to be signed. -76- City Council meeting minutes June 3, 1991 The City Manager said those two program were being phased out to be replaced III by the program before Council this evening. It was moved by Councilmember Friedman that the City support such a program and assist as best it can in advertising through the Park Perspective and that would be far as the City would care to go. The motion died for lack of a second. Councilmember Mitchell felt the need for further research and moved that the item be deferred to June 17, 1991 . Councilmember Jacobs seconded. The motion passed 7-0. 8d. Fisher variance request It was moved by Councilmember Resolution 91-111 Haun, seconded by Councilmember Mitchell , to adopt Resolution 91-111 entitled "A resolution granting variance in lot width from Section 14-128(5) of the Ordinance Code relating to zoning to permit a subdivision of one 120 ft. wide lot into two 60 ft. wide lots instead of the required lot width of 75 ft. in the R-1 single family residence district at 4082 Colorado Ave." Councilmember Jacobs wanted to go on record- in support of the variance not so much to do with the precedential value of those cases cited in staff' s report; rather) he supports on the unique circumstances which are presented on her property, i .e. the size of the proposed lots, the location of the lot, the tenor of the neighborhood and the abutting zoning. Councilmember Friedman stated he would abstain recalling the difficulty the Council had with another request for variance a year or so ago. The motion passed 5-1-1 (Councilmember Meland opposed; Councilmember Friedman abstained) . 8e. Plastic food packaging ordinance It was moved by Councilmember Friedman, Ordinance 1856-91 seconded by Councilmember Jacobs, to adopt Ordinance 1856-91 entitled "Ordinance amending Sections 9-311 and 9-316 of Chapter 3 of the St. Louis Park Ordinance Code relating to garbage collection by adding the following Sections: 9-310; 9-311 ; 9-312; 9-313; 9-314; 9-315; 9-316; 9-317; 9-318; 9-319 and 9-320." The motion passed 7-0. 8f. Multiple family recycling It was moved by Councilmember Tschida, Ordinance No. 1857-91 seconded by Councilmember Friedman, to adopt Ordinance 1857-91 entitled ''An ordinance amending Chapter 3 of the St. Louis Park Ordinance Code related to garbage collection by adding new Sections 9-309. 101 through 9-309. 108 III providing for mandatory separation and storage of recyclable material at multiple family residential structures. " The motion passed 7-0. -77- City Council meeting minutes June 3, 1991 III 8g. Private housing inspectors First reading of ordinance It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve first reading, set second for June 17, 1991 and authorize summary publication The motion passed 7-0. Councilmembers Friedman and Meland left the chambers. 8h. John Ross Field It was moved by Councilmember Haun, Resolution 91-109 seconded by Councilmember Jacobs, to adopt Resolution 91-109 entitled "Resolution 91-109 Naming John Ross Field." The motion passed 5-0. Councilmembers Friedman and Meland returned. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Ford Rd. update The City Manager gave a brief update on the status of Ford Rd. Several people in attendance spoke. It was noted that 63 out of 76 Ford Road residents queried were in favor of the 26' road, no parking with stop signs. III Councilmember Mitchell asked if the City of Minnetonka had a public meeting at which residents were invited to give input. A member of the audience said it was not public, that there was a discussion at a City Council meeting and Minnetonka was given the same petition showing 63 out of 76 in favor of a 26' wide roadway. Councilmember Mitchell said that the road is to be constructed at 32 ft. or not at all . He asked what the roadway condition was . Mr. Grube said the road was in need of repair today. if 32 ft. is only option. It appeared to Councilmember Mitchell that most of the residents want nothing,/ at least for the immediate future. The message he was getting from Minnetonka was that nothing will be done now, unless 32 ft. is approved. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, that St. Louis Park maintains its position that the roadway be reconstructed at 26 ft. which reflects the desires of the majority of Ford Rd. residents both in St. Louis Park and Minnetonka. • The motion passed 7-0. 9b. Hwy. 7/Louisiana Ave. Supplemental agreement: Project Resolution 91-112 89-05 III It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-112 entitled "Resolution pertaining to supplemental Agreement No. 1 for improvement Project No. 89-05 (T.H. 7/Louisiana Ave. )" The motion passed 6-1 (Councilmember Friedman opposed) . -78- City Council meeting minutes June 3, 1991 9c. 2601 Yosemite Ave. No public need for property Resolution 91-113 It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to adopt Resolution 91-113 entitled "Resolution approving designation of non-conservation land shown on classification list 760-NC by Board of County Commissioners of Hennepin County and replacing Resolution 91-16 for property located at 2601 Yosemite Ave. So." The motion passed 7-0. 9d. City-owned house at WHEEC It was moved by Councilmember Tschida, seconded by Councilmember Meland, that Council approve the conference center concept and authorize staff to proceed with the application. Mayor Hanks said he would not support. Councilmember Friedman concurred in that the City should not be in a business with which they are unknowledgable. The motion failed 3-4 (Councilmembers Meland, Mitchell , Tschida favor; Jacobs, Haun, Friedman, Mayor Hanks opposed) . 9e. Properties: 37th/Dakota Councilmember Haun said he was aware of a dilemma with this property. Four lots were put up for public auction and sold. At this time, three of the lots are coming back to the City; the other to be retained by its owner. Now there is an individual interested in purchasing the three lots. The biggest problem is the covenant placed on those properties because no mortgage company will lend money because of the covenants. He wanted to accelerate whatever action was necessary to get development on the lots. Councilmember Jacobs was concerned about the current property owner on whose property is a restrictive covenant specifying owner-occupied for a minimum 10-year period in the event the identical restrictive covenants on the remaining three parcels cease. Gene Lemke, Building Coordinators, Inc. addressed Council . He is interested in the other three properties but was told he could not get title insurance because of the covenants. Councilmember Tschida recommended going with the third alternative in staff' s report which was to accept the purchase agreements and after review by the City Attorney remove the restrictive covenants. Councilmember Friedman asked if water/sewer lines were brought up to the other property which was sold. The City Assessor said that was unclear and the purchasers of the one lot have not discussed that with him as yet. Councilmember Friedman concurred with Councilmember Haun's desire to get development on the lots; that the City continues to try to have owner-occupants so that properties are maintained; the bid process was of concern to him. He suggested other title companies be queried as to the policy on insuring with restrictive covenants in place. He suggested perhaps earnest money -79- City Council meeting minutes June 3, 1991 could be put down by this builder that should the City advertise in an expeditious manner and no bids higher than his, that he can then have the properties. In that respect, the City is protected, the builder who wants the properties is protected and it is opened up for bid to see if any better offers are forthcoming. Councilmember Friedman said if he were to make a motion it would be: Readvertise for bids on a basis of owner-occupied; that if in the attorney's opinion it is legal) earnest money agreement be executed allowing Building Coordinators to purchase the properties for the price stated if there are no other bids exceeding his. Also, if possible the restrictive covenant may be removed if requested. The two other property owners addressed Council . One was seeking his money back as water/sewer hookup question had not been resolved after 9 months and his buyer had lost interest. The other concurred and noted that if there was a problem with title, if it wasn't corrected within 120 days from date of written objection, the agreement becomes null and =void at the option of the buyer. He said he had an interested party but if the property can't be sold in the very near future, he would also be interested in getting his money back from the City. Councilmember Friedman felt there were enough unanswered questions and that the matter should be referred back to the City Attorney that no time runs in the 120 days from this point on. Councilmember Haun asked for an opinion from the attorney: If these people paid earnest money on these lots, can Mr. Lemke purchase the lots from those individuals who originally purchased them without involving the City. It was moved by Councilmember Friedman to declare a moratorium on any running of the 120 days; ask that City staff with the assistance of the City Attorney if necessary get all the facts together with a recommendation to the City Council as follows: (1 ) whether or not if we sell these properties, will we stub the sewer/water into where it should be; (2) can these people get out of the agreements under 120 days and when did it start running; (3) whether or not it' s in the best interests of the City to remove the covenants; in fact, does the City have any knowledge that there are no companies that will insure the titles and return to Council expeditiously. Councilmember Meland seconded. Councilmember Haun asked if Mr. Lemke was still interested and if water/sewer was stubbed in, would the other two gentlemen bettnterested in keeping their lots. Both gentlemen said they would just as soon sell to Mr. Lemke. Mr. Lemke said he would still be interested and asked about a timeframe. The motion passed 6-1 (Councilmember Tschida opposed) . Councilmembers Haun and Jacobs supported only on the condition the item comes back on June 17, 1991 . -80- City Council meeting minutes June 3, 1991 9f. Traffic study 444 Hwy. 7/Louisiana Ave. : Temporary Resolution 91-114 recission of load limitsIII By consent, adopt Resolution 91-114 entitled "Resolution authorizing temporary recission of truck traffic prohibition/load limits along Walker St. between north frontage road of T.H. 7/Texas Ave." 9g. Louisiana Ave. north of Cedar Lake Rd. Request for neighborhood meeting By consent, direct staff to hold neighborhood meeting. 9h. Board of Zoning Appeals minutes April 25, 1991 Ordered filed by consent 9i . Cable TV ADvisory Commission minutes May 23, 1991 Ordered filed by consent 9j. Planning Commission minutes May 15, 1991 Ordered filed by consent 9k. Rec Center rental Proposal of Minnesota Recreation and Park Assoc. to rent space at Rec Center Councilmember Haun said he had met with Cris Gears and Clif French, Executive Director of the MRPA which is interested in renting space in the Rec Center. He viewed this as a means of increasing revenue from the Rec Center, a matter Council has been researching for some months. Councilmember Mitchell said to make an informed decision he needed to see III costs: for conversion, for handicapped accessibility. Councilmember Jacobs con- curred. Councilmember Friedman said he had a good number of questions. Mayor Hanks was concerned about what would happen to the senior citizen group which is now using the space. He believed a meeting with that group was the first order of business. It was moved by Councilmember Jacobs, seconded- by Councilmember Friedman, to direct staff to talk to the seniors to receive the input re this proposal . The motion passed 7-0. UNFINISHED BUSINESS 10a. Boards and commissions None. lOb. Park Nicollet Medical Center It was moved by Councilmember Meland, seconded by Councilmember Friedman to authorize Mayor and City Manager to execute with Park Nicollet Foundation, Park Nicollet Medical Center and Med Center an Agreement Not To Sue. The motion passed 7-0. III -81- City Council meeting minutes June 3, 1991 lla. Hearing Society Gambling license renewal Rsolution 91-115 It was moved by Councilmember Meland, seconded by Councilmember Tschida, to adopt Resolution 91-115 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. Bid tabulation Watermain: Projects 89-06 and Resolution 91-116 91-05 Councilmember Friedman asked why the low bidder by over $6000 was removed on a technicality in that the bid was not submitted on a valid bid proposal form. The City Attorney responded the form the bidder did not complete was an addendum which went to the price term, a critical issue. It was the City Attorney's advice that the City could not accept the low bidder. He said the addendum changed the form in which the prices were to be proposed. Mr. Grube said such addendums are typically mailed out certified mail and the low bidder did not take receipt of the addendum until after the bid opening occurred. Councilmember Friedman felt the City had cheated itself out of $6,000. Councilmember Mitchell asked if the project could not be rebid. The City Manager said time was of the essence because the watermain is tied to the Susan Lindgren school expansion project targeted for this Fall . Councilmember Friedman amended his comments as it was a $16,000 difference. Councilmember Mitchell asked what would be any problem should the project be rebid. Mr. Grube said Ryan Contracting will not rebid. In answer to a question from Mayor Hanks as to what keeps Council from awarding the bid to Ryan, the City Attorney said the risk the City runs in awarding it to Ryan would be that Ryan did not use the addendum. In the event that another bidder should challenge that, it was his opinion the City would be at risk. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, that the bid be awarded to J. P. Norex, and adopt Resolution 91-116 entitled "Resolution accepting bid and authorizing execution of a contract for improve- ment project Nos. 89-06 and 91-05; watermain construction on W. 41st St. between Natchez and Quentin Avenues and on Jordan Ave. from W. 28th St. to north of Cedar Lake Road." The motion passed 6-1 (Mayor Hanks opposed) . MISCELLANEOUS 12a. Damage claims Cullen Kennedy Joseph Weidt Jay Johnson -82- City Council meeting minutes June 3, 1991 By consent, claims referred to City Clerk and City Manager. 12b. Communications from Mayor It was moved by Councilmember Tschida, seconded by Councilmember Friedman, that all individuals who applied be appointed to the task force. Councilmember Friedman amended the motion to reflect all 'persons be residents of St. Louis Park and not be representing an action committee not involved with the City of St. Louis Park. The motion passed 7-0. Half-cent sales tax The City Manager gave brief background on this matter. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt the resolution instituting the half-cent sales tax in St. Louis Park. Councilmember Mitchell said it appeared as though the County wanted the cities to front for it. He was concerned about appearing to be advocating taxation. He alluded to the Governor's line item veto which he felt affected the City more directly than appears. He would prefer the City merely react to the proposal but saw no reason to get out in front of it. Councilmember Jacobs agreed, feeling it was a terrible idea and bothered him the way it has come from the State to the counties and ultimately munici- palities having to vote on iti . The motion was withdrawn. It was moved by Councilmember Meland, seconded by Councilmember Haun, to defer the item to June 17, 1991 . The motion passed 7-0. Councilmember Meland asked what the City will get should it enact the half-cent sales tax. Mr. Dixon responded early indications are St. Louis Park will not get all the money that is raised in the City. Councilmember Meland asked where the money is to go. And if the City is to lose some $4 million in aid, where does it come from. Finally, he suspected the cities currently not receiving any local government aid would probably not want to enact a half-cent sales tax. 12c. Communications from City Manager Eliot View matter addressed earlier. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, verified claims approved in the following amounts: Vendor -83- City Council meeting minutes June 3, 1991 $617, 891 .87 and payroll claims $17,022.90 and that the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. 14. Adjournment The meeting adjourned at 10:20 p.m. 6.) J -) Mayor 4 2tP .2w, (_ R cording Secretary -84-