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HomeMy WebLinkAbout1994/06/06 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARR, MINNESOTA Monday, June 6, 1994 1 . Call to order The meeting was called to order at 7 :35 p.m. by Mayor Lyle Hanks . 2 . Presentations - None 3 . Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks. Also present were the City Manager (Mr . Meyer) ; Deputy City Attorney (Ms . Pace) ; Director of Public Works (Mr . Grube) ; Director of Planning (Mr. Hagen) ; Inspections Division Head (Mr. Petersen) ; and Assistant to the City Manager (Mr. Larson) . 4 . Approval of minutes It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the May 23 , 1994 meeting. The motion passed 7-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for June 6 . The motion passed 7-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the agenda for June 6 . The motion passed 7-0 . PUBLIC HEARINGS 6a. Fuddruckers Transfer of liquor license 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 Young, seconded by Councilmember Jacobs, to approve the transfer. The motion passed 7-0 . 6b. Demolition Hazardous building, 6312 Minnetonka Blvd. 91 City Council meeting minutes June 6, 1994 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. Councilmember Friedman asked if the building owner had been notified this item was on the agenda. Mr. Grube said they had. Councilmember Friedman asked who pays for the demolition. Mr. Grube said if the building was considered hazardous, costs to demolish would be borne by the property owner. If the owner does not demolish it , a court order would give authorization for demolition. Councilmember Friedman asked who was responsible to maintain the property around the building, i .e . glass, debris, graffitti, etc. Mr. Grube said that responsibility lies with the property owner. If the property owner fails in this, the City assumes upkeep with the property owner being charged. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to authorize preparation of a resolution of findings for the June 20, 1994 meeting. - The motion passed 7-0 . 6c. W. 35th St . /Raleigh reconstruction Resolution 94-64 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date . It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94-64 entitled "Resolution ordering improvement Project No . 94 - 01 , approving plans and specifications, authorizing receipt of bids for the construction of watermain and reconstruction of Raleigh Ave. , W. 36th St . and W. 35th St . " The motion passed 7-0 . PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Zoning map amendment 2nd reading of ordinance Ordinance 94-1998 92 City Council meeting minutes June 6, 1994 It was moved by Councilmember_ Haun, seconded by Councilmember Jacobs, to adopt Ordinance No . 94-1998 entitled "An ordinance amending the St . Louis Park Ordinance Code changing boundaries of zoning districts. " The motion passed 7-0. 8b. Miscellaneous Zoning Ordinance amendments 2nd reading Ordinance 94-1999 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Ordinance No. 94-1999 entitled "An ordinance amending the St . Louis Park Ordinance Code relating to zoning. " The motion passed 7-0 . 8c. 3639 Hampshire Disposition of tax-forfeit property Resolution 94-70 Councilmember Friedman asked about the legality of the City not going out to the public for auction. City Attorney Pace said the Statute provides for 3 options, an offering to an interested adjacent property owner being one of the 3 . 111 Mr. Hagen said what actually is being done is approving the sale of the property by the County to an adjacent owner as provided in State Statute . Proceeds of the sale would go to the County. All adjacent property owners, if interested, would be competing for the property. Mayor Hanks asked if the property to the West were to be developed, would the land be needed for water looping . He wondered if the land should not be retained for possible looping then disposed of afterward. Mr . Hagen said staff and the Planning Commission felt the property owner' s interest (his dock is located over the parcel) should be yielded to. Ms . Pace said the City might want to explore retaining the property and using the agreement used in the past, called Private Use of Public Property, which allows a private property owner to use public property for as long as they need it and the City does not . Mr. Hagen said that if Council would like to go ahead and claim the property for public purposes, he said a resolution to that effect could be passed tonight . It was moved by Councilmember Friedman, seconded by Councilmember 93 City Council meeting minutes June 6, 1994 Jacobs , that such a resolution be adopted and that the City negotiate with the property owner so that there is an easement on the property. It was the consensus that tonight Council was adopting a resolution that there is a public need for the parcel . That resolution, No. 94-70, was entitled "Resolution approving designation of non-conservation land shown on Classification List 805-NC by Board of County Commissioners of Hennepin County and requesting conveyance. " ' The motion passed 7-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. City Engineer' s report Mechanical improvements - 1st Resolution 94-65 floor City Hall Councilmember Friedman asked what the original estimate was for this project . Mr. Meyer said $200, 000 and the work will be done within that figure . Councilmember Friedman remembered it was his suggestion to hold off until the extent of the work to be done in City Hall was ascertained. He was concerned about getting involved in these types of projects, and in the event it should go over $200, 000 no I/ support would be forthcoming from him. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94-65 entitled "Resolution receiving the City Engineer' s report , ordering Project No . MB- 90-21 , approving plans and specifications and authorizing receipt of bids for the air handling system upgrade at City Hall . " The motion passed 7-0 . 9b. Cedar Lake Rd. task force Recommendation It was moved by Councilmember Young, seconded by Councilmember Jacobs, to direct that staff hold an open house. Councilmember Young wanted to commend the Public Works Department , the volunteer residents who served and the consultant . The motion passed 7-0 . 9c. City Engineer' s report Sidewalk along Parkdale Dr. , TH Resolution 94-66 100 to Park Place Blvd. 94 City Council meeting minutes June 6, 1994 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 94-66 entitled "Resolution declaring adequacy of petition from MEPC American Properties, accepting the City Engineer' s report, establishing Improvement Project 94-20 and setting an improvement hearing date. " The motion passed 7-0 . 9d. Minutes : Planning Commission May 18 9e. Minutes: Cable Commission April 21 9f . Minutes: Charter Commission May 24 9g. Minutes : Human Rights Commission May 18 By consent, items 9d-9g ordered filed UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to accept the resignation of Robert Brandel from BOZA and that a letter of thanks be sent to him. The motion passed 7-0 . II It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to appoint Devorah Nieman to the Human Rights Commission as a youth representative and Mark Merchlewitz to the Community Education Advisory Council . The motion passed 7-0 . NEW BUSINESS 11a. Bid tabulation Pavement surface milling, Resolution 94-67 curb/gutter repair and bitum- inous overlay It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-67 entitled "Resolution authorizing execution of a contract for Project No . 90 - 55 : bituminous milling, overlay and random curb and gutter repair on Park Place Blvd. " The motion passed 7-0 . llb. Bid tabulationParking lots Resolution 94-68 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 94-68 entitled "Resolution authorizing execution of a contract for Projects 93-24, 94-02A, 94-02C, 94-15 95 City Council meeting minutes June 6, 1994 and 94-16, municipal parking lots . " Councilmember Latz asked what the impact would be on the lakeshore of Lake Victoria and of the view of residents on the other side of the lake. , Mr . Grube said there would be no impact on the lakeshore and accessibility to the lake and use of it would be not affected. The only difference to people across the lake will be a blacktopped, curb/gutter lot rather than the current ill - maintained area. Councilmember Haun asked about the timeframe for completion of the parking lots . Mr . Grube said within this year . Mr . Haun thought they should be able to be completed sooner. The motion passed 7-0 . lic. Gambling application Academy of Family Mediators at Jennings Red Coach and Gippers Sports Bar Councilmember Dorfman asked the representative from the organization to explain why they were before Council again, having secured a license to sell pulltabs at the Classic two weeks ago. Linda Wilkerson said she understood organizations could apply for up to 3 licenses in the City. The current licensee is leaving Gippers. $ Councilmember Dorfman asked about limitations . Attorney Pace said the City' s ordinance does not limit the number of premises permits that an organization can have, that is really up to the Lawful Gambling Board . She asked to reserve the opportunity to check State Statute . Regarding return of some profits to benefit the City, Ms . Wilkerson said the Board of Directors would be meeting in July to discuss the details . Councilmember Young asked if the owners had contacted them. Ms . Wilkerson said they were contacted by someone who gets people together. Councilmember Young would like to see a larger variety of organizations involved in this operation and would encourage establishments to look wider for potential tenants to sell pulltabs with more profits going to City charities and associations. 96 City Council meeting minutes June 6, 1994 Councilmember Friedman believe the City should not be in the position of approving or not approving gambling licenses . He felt this came under State control and they should control it from start to finish. Councilmember Latz understood that organizations selling pulltabs were to be involved in charitable activities under State Statute. He wondered what entitled the applicant to sell . Mayor Hanks felt this might be an appropriate subject for the League of Minnesota Cities to study. There was some concern about approving a premises permit to Jennings Red Coach as it was now closed. It was moved by Councilmember Haun, seconded by Councilmember Latz, to approve a premises permit for Gippers for the Academy. The motion failed 3-2-2 (Haun, Latz, Hanks in favor; Friedman, Young opposed; Jacobs, Dorfman abstain) . It was moved by Councilmember Dorfman, seconded by Councilmember Latz, to defer to June 20 . The City Attorney said the previous action was out of order as the original motion needed to be reconsidered first . No one from the prevailing side (Friedman , Young) made a motion for reconsideration. MISCELLANEOUS 12a. Damage claims - None 12b. Communications from the Mayor Mayor Hanks reminded Council the League of Minnesota Cities conference begins June 7 in St . Paul . Mayor Hanks reminded Council of the reopening of Dakota baseball fields on June 10 . 12c. Communications from the City Manager Mr. Meyer said that in clarifying for Councilmember Haun when the parking lots were due to be completed, Mr. Grube had indicated August 1 . Mr. Meyer said the parking ramp at the Park Nicollet site is due for opening on June 17 . Mayor Hanks asked -if there would be an opening ceremony. Mr. Meyer said John DeCoster had indicated an interest in some kind of ceremony and he would be planning that . 97 City Council meeting minutes June 6, 1994 Councilmember Young said Council had asked the Charter Commission to look at the issue of raising the authority of the City Manager to approve expenditures from $15 , 000 to $25, 000 . The commissionIII approved that but added a section requiring the City to provide a bid board. He asked for the City Manager or City Attorney' s opinion as to whether this was a proper action. Ms . Pace felt the Charter Commission could explain what they meant by that . She suggested the City Manager may want to circulate to the Charter Commission and the Council the revised draft of that part of the recodification of City ordinances that hasn' t moved forward yet which provides lengthy procedures before letting a contract for $25, 000 . Councilmember Friedman said a note in the report said a bid board would be posted in City Hall for notices to be posted. Probably a good idea since some people don' t get the newspapers in which bid letting is publicized. Councilmember Young believed the Charter Commission went beyond what they were asked to do and he wondered to what extent they have the authority to do that . Perhaps Council should be more cautious in sending directives to that commission. Mr . Larson, staff liaison to the Charter Commission, provided background information. He said the commission would like to see a bid board established, but did not make it a condition of their vote . They would like to see a bid board for anything under $25, 000 and also over $25, 000 where there would be a formal bid process . Ms . Pace said there was an inconsistency here . By authorizing the City Manager to enter into contracts up to a certain dollar amount, he is provided with discretion to purchase . By requiring a bid board, it is assumed a procedure is in place which sets up a bid. It suggests discretion is taken away from the Manager. Mayor Hanks felt Council ' s concern about this matter should be taken up with the commission. It was moved by Councilmember Young, seconded by Councilmember Latz, that Council ' s concerns re the bid board be discussed with the Charter Commission. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, approve the vendor claims prepared by the Director of Finance dated June 6, 1994 in the following amounts and authorize distribution of checks: Vendor claims : $957,463 . 04 and payroll claims: $18, 224 . 26 . III 98 13b. Contract payments i . Final : Morcon Construction, remodeling of Rec Center. Amount : $11, 628 . 00 By consent, adopt Resolution 94-69 entitled "Resolution accepting work on Recreation Center remodeling. " 2 . Partial : Automatic Systems, utility control panel . Amount : $$63 , 935 . 00 3 . Partial : Hardrives, Inc. , Excelsior Blvd. /Park Center Blvd. Amount : $313 , 147. 23 4 . Midwest Asphalt, north/south frontage roads of CSAH 25 east of T.H. 100 . Amount : $41, 905 .32 . 5 . Pitt-Des Moines, Inc. , elevated water tank. Amount : $71, 345 By consent, approve and authorize payment . 14 . Adjournment The meeting adjourned at 8 : 50 p.m. on a motion by Councilmember Jacobs, seconded by Councilmember Haun. The motion passed 7-0 . i • / Vv ' ii)re'"11 M_/or Lyle Hanks al- i 1 cording Secretary ete 99