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HomeMy WebLinkAbout1991/03/13 - ADMIN - Minutes - City Council - Study Session II/ MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA March 13, 1991 1 . Call to order The meeting was called to order at 7: 10 p.m. by Mayor Lyle Hanks. 2. Roll call The following Council members were present at roll call : Jeff Jacobs, Allen Friedman, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present were City Manager (Bill Dixon) , MIS Coordinator (Clint Pires) , Director of Inspections (Harvey McPhee) , Director of Public Works (Jim Grube) and Director of Community Development (Dave Hagen) . 3. Private housing inspectors: Roles and fees The Council reviewed a report from staff that depicted a variety of roles and fee structures for private housing inspectors. After considerable discussion, the Council seemed inclined to favor Option 4 which calls for a private inspector to do the initial inspection, a City inspector to do the followup inspection and the fees to be negotiated between the private inspector and the property owners. The City's fee would be $50.00. The $50.00 City fee would cover administrative costs as well as the cost of the followup inspection. 4. A statusreport on the 1-2 family rental housing ordinance proposal was reviewed. The Council agreed that when the advisory committee had completed its work on 'this matter, the committee' s report should be placed on a formal agenda for subsequent referral to a Council study session. 5- 4. Barton-Aschman' s Hwy. 7 proposal Jim Grube briefed Council on Barton-Aschman' s Highway 7 proposals and the staff commentary related thereto. This was done in preparation for the March 21 neighborhood meeting. Sa, Councilmember Friedman briefed Councilmembers on meetings recently held between representatives of Park Nicollet and Methodist Hospital . 511) The Council discussed board/commission appointments. `p The meeting adjourned at 9:45 p.m. 111 '///13))e . Bill Dixon Rer' ;;Hy Secretary City Council meeting minutes March 18, 1991 Mr. Lampe represents the owners of the office building at the corner of 36th/Aquila. He was opposed to the construction of sidewalk on the north side. He said 10 years ago he had put down a gravel walk path, but a couple of years later the City had put in 10 ft. of sod, digging up the gravel path, which didn't last 1 year. He was not opposed to putting in a blacktop pavement in lieu of a sidewalk and that the cost be included in the road reconstruction. Mr. Grube noted that a concrete sidewalk would qualify for State Aid funding; a bituminous walkway probably would not qualify. 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 Meland, seconded by Councilmember Mitchell to adopt Resolution 91-58. He asked that Council be given a report -- on costs of the sidewalk on the north side of Aquila and that Council reserve the right to decide how to distribute the excess MSA funds at the assessment hearing which will follow completion of the project. The motion passed 6-0. Councilmember Meland said he had talked to Mr. Grube about when the bid for the project was approved, he would note the differences between the estimates of the assessments for both the street and sidewalk. Councilmember Mitchell asked what the review and approval process would be. Mr. Grube said the plans will return to Council for review. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Water rate adjustment First reading of ordinance Mr. Dixon, in pre Senting a brief background on this matter, noted that the impact of this adjustment will fall more on businesses than it will on residents who will benefit to some extent from removal of the tiered structure. Councilmember Friedman said the Council was concerned about ecology and the environment. Under the tiered structure, by allowing high water users to enjoy a lower rate there was no incentive for them to conserve water. With removal of the tiered structure, it will encourage them to conserve and bring them into line with what others pay. What he wanted to make clear was that removal of the tier structure benefits the City, the environment and conservation -- it does not mean an abnormal increase in water rates to residential users, actually a reduction from a 4% increase to only a normal 2% increase. -38- City Council meeting minutes March 18, 1991 It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to approve first reading, set second for April 1 , 1991 and authorize summary publication. The motion passed 6-0. 8b. Methodist Hospital Request for minor amendment to Resolution 91-59 special permit to allow construction of a temporary canopy Vic Polich, Methodist Hospital , briefly addressed Council . It was moved by Councilmember Meland, seconded by Councilmember Friedman, to adopt Resolution 91-59 entitled "A resolution rescinding Resolution 90-158 adopted on Nov. 4, 1990 granting special permit under Section 14-123. 100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of a canopy at the south entrance of the west wing of the Meadowbrook building and to permit temporary parking of a trailer at 6500 Excelsior Blvd." The motion passed 6-0. 8c. Private housing inspectors First reading of ordinance relating to requirements for private housing inspectors and related fees Councilmember Meland asked if there would be some kind of program to introduce this new procedure to the real estate community. Mr. Dixon said it has been publicized and additional publicity will go forth upon Council 's action, including a story in "Park Perspective." Councilmember Mitchell asked if there would be a further review of the fee structure, i .e. renewal fees, annual fee, testing fee. He was concerned that all fees reflect costs as closely as possible rather than referencing what is done in other cities. Mr. Dixon said the fee structure is being reviewed, but he doubted it would be ready for second reading on April 1 . That structure is not essential to the ordinance itself, it is an addendum -- subject to change -- to the ordinance. In answer to a question from Councilmember Jacobs, Mr. Dixon said the initial inspection has to be completed before one accepts a purchase offer, and that changes/improvements ordered by the initial inspection must be completed and certified by the City prior to closing on the sale. Councilmember Jacobs asked about a partial refund of the $50 fee in the event there are no changes required at the initial inspection. 111 Mr. Pires said a refund upon no need for reinspection was the intent. He said this should be incorporated into the ordinance should Council agree to a $25 refund. -39- City Council meeting minutes March 18, 1991 III Councilmember Jacobs asked, relative to liability insurance, how long does the City's potential liability run after the termination of an inspector' s license in the event there is some problem. It was his under- standing the City was not to be put in the position of "defendant of last resort" in a situation which might arise between a homeowner and inspector. Mr. MrPhee said the matter of insurance was given much study and based on the City's history of risk and advice of consultant, the language as in ordinance was developed. On the advice of the City Attorney's office, disclaimers are currently being rewritten and will accompany each work order. Councilmember Friedman referenced Section 2(2) . He recalled consensus of Council was that fee arrangements between the homeowner and private inspector would be revisited as necessary to ascertain how it is working. In Section 10, examination/training, was the $25 orientation fee a one-time or if they repeat, are they charged again. Also, he hoped that for second reading it would be added that it is a $25 non-refundable fee in the event they don't pass the exam. Mr. McPhee responded it was the intent of this section to request a testing fee only for the orientation at the time of original testing III for the license; however, he agreed it needed clarification. Councilmember Friedman referenced Section 13, he asked if the homeowner would be given a copy of the inspection sheet on-site right away. Mr. McPhee said it was the intent that the private inspector, upon filling out a work order, would give a copy to the homeowner and/or agent at time of the inspection, thereafter bringing or forwarding to the department the original within three days. It was Councilmember Friedman' s perception that the inspection report was standardized with boxes to be checked indicating work needed and a comments column for the inspector to complete. He felt it essential that the form be standardized ala Minneapolis' Truth in Housing procedure. The checklist as presently used by the Inspections Department was not acceptable to him. Councilmember Mitchell agreed that a standardized form ought to be addressed but he doubted if it were part of the ordinance, in that it was a form that could change from time to time, and then the ordinance would have to be similarly changed. Councilmember Friedman asked that a checklist be provided to Council before second reading. Councilmember Tschida felt it would be helpful if he provided staff with a sample of what he had in mind. III Councilmember Jacobs was aware that in Minneapolis the forms are handwritten) then returned to the office for typing. He wondered about staff finding any complications arising from that sort of procedure. -40- City Council meeting minutes March 18, 1991 Councilmember Friedman said Minneapolis' inspectors either gave a handwrit- ten report to the homeowner on the spot or provided one after it was typed. He felt if a NCR form were used, it could be given on the spot III thus avoiding the delay of typing them up. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve first reading, set second reading for April 1 and authorize summary publication with the understandtgstaff will provide a checklist for second reading. The motion passed 6-0. 8d. Ordinancein re inspections Ordinance changing effective Ordinance 1852-91 date of ordinance requiring inspection prior to signing of purchase agreement It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Ordinance No. 1852-91 entitled "An ordinance amending St. Louis Park Ordinance 1840-90 relating to application and issuance of Certification of Housing Maintenance Compliance, Section 15-330 and Section 15-332(2) ." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. T.H. 7/Louisiana Ave. City Engineer ' s report Resolutions 91-60, 91-61 , 91-62, 91-63 III It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt the following resolutions: No. 91-60 entitled "Resolution accepting the City Engineer's report, establishing Project No. 89-05, ordering the improvement, approving project plans and specifications and authorizing advertisement for bids for Project No. 89-05", No. 91-61 entitled "Resolu- tion requesting State funds for construction of T.H. 7 improvements at Louisiana Ave.", No. 91-62 entitled "Resolution seeking MnDOT authoriza- tion to appropriate MSA funds to T.H. 7 project No. S.P. No. 2706-166 (State project)/S.A.P. No. 163-010-30 (City project) T.H. 7 and frontage road improvement", and No. 91-63 entitled "Resolution authorizing execution of professional services agreements with BRW, Inc. and STS Consultants, Ltd. for engineering services related to the construction of improvement project 89-05 (T.H. 7/Louisiana Ave. intersection) ." The motion passed 5-1 (Councilmember Friedman opposed) . 9b. Traffic study 436 update By consent, adopt Resolution 91-64 Resolution 91-64 entitled "Resolution authorizing installation of traffic control signs on Idaho Ave. at W. 27th St. 9e. Traffic study 437 update By consent, adopt Resolution 91-65 III Resolution 91-65 entitled "Resolution authorizing installation of traffic control signs on W. 16th St. at Jersey Ave." -41- City Council meeting minutes March 18, 1991 UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Tschida, seconded by Councilmember Mitchell , to make the following appointments: Ward Johnson to the Planning Commission Andy Peacock to the Parks and Recreation Commission Pat Cochran to the Parks and Recreation Commission The motion passed 6-0. NEW BUSINESS lla. Ceres Tree Company Extension of contract It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to authorize renewal of the contract. Councilmember Friedman did not feel this should necessarily be awarded to Ceres rather than going out for bid. He alluded to an incident of improper conduct on behalf of the company. Councilmember Meland withdrew his motion. It was moved by Councilmember Friedman, seconded by- Councilmember Tschida to go out for bid on this project. The motion passed 6-0. llb. Legislative contact Mayor Hanks said he was currently handling all legislative material that comes to the City and if there were no objections, he would continue to do so. llc. Humane Society gambling license It was moved by Councilmember Resolutions 91-66, 91-67 Tschida, seconded by Councilmember Meland, to adopt Resolutions 91-66 and 91-67 entitled, respect- ively, A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Park Tavern Lanes)" and "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling (Park Tavern Lounge)". The motion passed 5-1 (Councilmember Friedman opposed) . MISCELLANEOUS 12a. Damage claims Kocher vs. City of SLP Lake Forest area By consent, claims referred to City Clerk and City Manager. -42- City Council meeting minutes March 18, 1991 12b. Communications from Mayor Mayor Hanks referenced a letter re the Hennepin Park Board. There is some movement in the Legislature that all members of the Park Board be elected rather than some appointed and some elected. City Councils are being asked to adopt a resolution supporting that. It was the consensus of the Council to take no action at this time and that the Council not take a position on the matter. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent motion to approve the list of verified claims prepared by the Director of Finance dated March 18, 1991 and issue appropriate checks as follows: Vendor claims: $306,533.06 and payroll claims $18,274.62 14. Adjournment - The meeting adjourned at 9: 16 p.m. #(144/ Mayor OAP ti) cor ing Secrey -43-