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HomeMy WebLinkAbout1986/12/15 - ADMIN - Minutes - City Council - RegularMINUTES CITY CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA ' December 15, 1986 1. Call to Order A regular meeting of the City Council was called to order at 7:30 p.m. by Mayor Lyle Hanks. 2. Presentations None 3. Roll Call The following Council members were present at roll call: Ronald Backes Larry Mitchell Thomas Duffy David Strand Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works and Director of Planning. 4. Approval of Minutes 1, 1986 City Council meeting with the r' llc passed 4-0. The motion passed 6-0. It was moved by Councilman Strand, seconded by Councilman Mitchell, to approve the minutes of the December following correction: the vote on item It was moved by Councilman Mitchell, seconded by Councilman Strand, to approve the minutes of the Cecember 8 1986 study session with the following corrections: On page 5, Single Family Renta) Homes, Councilman Strand recalled the Council had asked staff to prepare a report together with the City, Attorney and then report back at a future study session. On page 6, lie recalled the recommendation was for staff .to look at other cities' ordinances relative to prohibiting portable signs and then report back to Council. Councilman Mitchell referred to the item on the prosecuting attorney, indicating he had included a draft of three different areas for consideration, one of which was a motion directing staff to develop proposed language to accommodate that purpose in terms of developing a policy. He asked that the sheet he had drafted be attached to the official minutes. He questioned if the letter attached to the minutes was so directed to be done so by Council. Councilman Meland said he had read the letter aloud at the meeting. Councilman Mitchell aske+ that the letter from the prosecutor not be attached to the official minutes. The following was added to the minutes: -Councilman Mitchell stated he like to see a Policy developed on the prosecution of cases. The City Manager said he would work on that and bring it back to Council..Staff was directed to bring back proposed language to accomplish the goal of setting written policy. The motion passed 6-0. 5. Approval of the Agenda It was moved by Councilman Meland, seconded by Councilman Backes, to approve the consent agenda with the removal of item 9m. The motion passed 6-0. It was moved by Councilman Strand, seconded by Councilman Meland, to approve the agenda for December 15, 1986 with the addition of item llg. CIP Program. - 273- City Council meeting minutes December 15, 1986 6a. MEPC Properties Resolution No. 86-204 PUBLIC HEARINGS Preliminary and final plat of MEPC regis- tered land survey at 1660 S. H*. 100 There being no one wishing "to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Duffy, seconded by* Councilman Strand, to waive reading and adopt Resolution 86-203 entitled Resolution giving approval for final plat, MEPC registered land survey, 1660 So. Hwy. 100:' The motion passed 6-0. 6b. Costco special permit Resolution No. 86-205 Amendment to special permit to construct a landscaped berm, provide additional landscap- ing'and modify the parking lot at 3745 Louisiana Ave. There being no one wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen and continue it at a future date. It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt Resolution 86-205 entitled "A resolution rescinding Resolution 86-185 adopted on November 3, 1986, rescinding Resolution 86-111 adopted on July 21, 1986 granting special permit under Section 14-123.100 of the St. Louis Park Ordinance Code relating to zoning to allow the construction of a membership wholesale ware- house for property zoned I-1, industrial district, and F-2, flood plain district, at 3745 Louisiana Ave." The motion passed 6-0. PETITIONS, REQUESTS, COM14UNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Vacation - 6215 W. 36th St. Second reading of an ordinance vacating right of way at 6215 W. 36th St. It was moved by Councilman Meland, seconded by Councilman Backes, to table this item. The motion passed 6-0. 8b. Vacation of easements - Target Second reading of an ordinance vacating Ordinance No. 705-86 slope, pedestrian and utility easement on west side of Park Center Blvd. (Target). It was moved by Councilman Duffy, seconded by Councilman Meland, to waive reading and adopt Ordinance 1705-86 entitled "Ordinance vacating slope, pedestrian and un- derground utility easements" as amended in Section 3 by the City Attorney. The notion passed 6-0. 8c. Final plat-Hausken addition It was moved by Councilman Mitchell, Resolution 86-206 City Council meeting minutes F. December 15, 1986 seconded by Councilman Duffy, to waive reading and adopt resolution 86-206 entitled "Resolution giving approval for final plat of Hausken Addition." i The motion passed 6-0. 8d. 1987 salary adjustments It was moved by Councilman Meland, seconded by Resolution 86-207 Councilman Duffy, to waive reading and adopt Resolution 86-207 entitled "A resolution amending Resolution 85-236 effective January 1, 1987." Councilman Backes asked how this adjustment package related to the budget appro- priation. The City Manager said that if settlement with the unions comes in as anticipated, there will be sufficient funds to cover. However, he said the question is whether or not there would be sufficient funds to cover comparable worth adjustments. What that figure is is not calculated yet as the study is not yet complete. Based on the City's pay plan and what is occurring in other cities and counties, he felt an adjustment around 1% could be anticipated. The motion passed 6-0. 8e. Computer terminal New computer terminal agreement with Resolution -86-2-08 Hennepin County It was moved by Councilman Meland, seconded by Councilman Mitchell, to waive reading and adopt Resolution 86-208 entitled "Resolution authorizing computer terminal ser- vice agreement." The motion passed 6-0. 8f. Martin Luther King Day Ordinance authorizing additional holiday It was moved by Councilman Mitchell, seconded by Councilman Duffy, to waive first reading and set second for December 31, 1986 and approve summary publication. Councilman Strand asked if any consideration had been given to eliminating one of the floating holidays. The City Manager said that was what was done last year, and it was not very popular. He said this had already been negotiated with the police and fire units. He said this brought the City in line with what other cities had done last year, even though they had indicated they would not name it an additional holiday. The motion passed 6-0. 8g. Dominium Request for tax increment financing - Dominium The City Attorney referred to changes in the document. He said they were, in each and every case, an improvement from the City's perspective. It was moved by Councilman Meland, seconded by Councilman Duffy, to direct execution Of the development agreement. Councilman Strand asked if this were a new request. The City Manager said a year and a half ago, there was discussion relative to using tax increment financing, and an amount considerably greater than the $79,000 request was discussed. He told the -275- City Council meeting minutes December 15, 1986 developer the only thing he could recommend to Council would be costs dealing with soil correction problems and costs strictly in the public right of way. Councilman Strand asked if any time along the way did the City make a commitment for this type of financing, either formally or informally. The City Manager said that when the agreement was brought before Council, there was discussion re use of Community Development Block Grant funds to demolish the prop- erty in exchange for 20% housing. There was some discussion about tax increment financing, but it was not specific. Councilman Strand asked how typical it was for a municipality to use tax increment financing for things like plantings even though they might be on a public boulevard. The City Manager said it was not usual if you're referring to normal boulevard landscaping -- because of the curb, in this instance there is additional landscaping required. The motion passed 5-1 (Councilman Strand opposed). REPORTS FROM BOARDS, COMMITTEES, OFFICERS 9a. Insurance services Approval of agreement for 1987 insurance agent services It was moved by Councilman Meland, seconded by Councilman Backes, to approve BHK&R as the City's insurance agent for 1987. The motion passed 6-0. 9b. Street assessment rates The report was ordered filed by consent. 9c. Single family bond sale Resolution 86-209 1987 assessment rates for street improvements John Wenker, Miller & Schroeder, briefly described the restructuring of the program Councilman Strand asked if the City Attorney's office had reviewed all the documents including Schedule A. The City Attorney replied it had. At the request of Councilman Backes, Mr. Wenker reviewed the items on Schedule A, Approved fees, expenses and release of residuals, and identified who would be re- ceiving each. It was moved by Councilman Backes, seconded by Councilman Mitchell, to waive reading and adopt Resolution 86-209 entitled "Resolution approving and authorizing execution of a first supplemental indenture of trust, compliance agreement and financial ad- visor's contract approving the form of the first supplemental indenture of trust, compliance agreement and financial advisor's contract; providing that the invalidity of any part of this resolution shall not affect the remainder; authorizing the execution and delivery of related documents; repealing all resolutions or portions thereof in conflict herewith and providing for the date of effect of this resolution." The motion passed 6-0. -276- City Council meeting minutes December 15, 1986 9d. Dakota and 37th report and pursue options one and two. It was moved by Councilman Meland, seconded by Councilman Duffy, to accept the re-edited The Director of Planning reviewed the substance of options one and two, i.e. sale of City -owned property to a developer in which using option one • ' would be a conventional technique. Option two would direct a more planned approach using a cluster housing type approach. Implicit in both options would be that the deter- iorated, dilipatated property owned by the City would be demolished, the sites cleaned up and public improvements commenced in the public right of way to create a new tone for development and preservation of the area. The motion passed 6-0. 9e. Hennepin County recycling grant Request to terminate multi -family recycling grant from Hennepin County It was moved by Councilman Mitchell, seconded by Councilman Meland, to terminate the contract with Hennepin County. The motion passed 6-0. 9f. Park & Rec organizational study It was moved by Councilman Duffy, seconded by Councilman Meland, to authorize execution of a contract with Coopers & Lybrand not to exceed $27,000 to conduct the organi- zational study of the Parks and Recreation Department. The motion passed 6-0. Councilman Strand asked if he could have copies of the previous studies conducted. 9g. City's liability insurance John Simesek, American Risk Services, ex- plained in some detail the insurance proposal. Mayor Hanks asked about public officials liability coverage. Mr. Simesek said it was $600,000 per incident. It was moved by Councilman Meland, seconded by Councilman Strand, to accept the proposal. The motion passed 6-0. 9h. Minikanda Ministorage the agreement with Minikanda Ministorage the appropriate City officials. It was moved by Councilman Meland, sec- onded by Councilman Backes, to approve and authorize execution of an agreement by Councilman Strand asked if the City was right or not right in charging the first fee on this item. The City Manager said the City was correct from the standpoint the original fee had expired, so it was perhaps appropriate to charge the second fee. He said the debatable question - one of judgment - is did the review of the second application require the City Council meeting minutes December 15, 1986 same full review that the first application required. It was determined by staff that the second application did not require a full review and that there was some basis for negotiation. Councilman Strand asked if there were any other remedy available to the City to obtain the easement. The City Manager said the other remedy would be condemnation. He said the cost and time involved in that process would probably be about five times the figure being proposed tonight. The motion passed 6-0. 9i. Animal control contract It was moved by Councilman Backes, sec- onded by Councilman Strand, to approve a one year contract with Midwest Animal Services. The motion passed 6-0. 9j. Hwy. 7/Ottawa Ave. It was moved by Councilman Strand, sec- onded by Councilman Backes, to discontinue the offer for public sale and direct the City Assessor to obtain an appraisal of the property. The motion passed 6-0. 9k. Dominium supplemental agreement The City Attorney said that the amendments in the agreement, thoroughly reviewed by him, are to the benefit of the City insofar as the 1985 agreement commitment was somewhat more strict. It was moved by Councilman Meland, seconded by Councilman Duffy, to authorize the Mayor and City Manager to execute the supplemental agreement. The motion passed 6-0. 1. Planning Commission minutes Ordered filed by consent m. Financial report Councilman Meland noted that on page 2, that the uncollected balance year to date in the General Fund was almost $2.3 million. He said that in checking with the City Manager at the end of the period, he was told that it was uncollected and would not be collected until January and asked that he explain this to the Council. The City Manager said there was a change in State law allowing counties to pay by January 25 allowing them -to earn the interest on the City's money and not pay until after the end of the year. Councilman Strand suggested Council might want to direct the City Manager to send a letter to the City's legislative delegation asking them to sponsor legislation to turn that bill around. n. Cable TV ADvisory Commission minutes Ordered filed by consent City Council meeting minutes December 15, 1986 o. HRA minutes 10a. Boards and Commissions Ordered filed by consent UNFII41SHED BUSINESS Planning Commission Parks b Recreation Advisory Comm. Board of Zoning Appeals Building Construction Codes Comm. Community Relations Comm. Human Rights Commission Cable TV ADvisory Commission Community Education Policy Advisory Commission Suburban Rate Authority Bassett Creek Flood Control Comm. Council commission liaisons Representative Allen Friedman Lyle Hanks Thomas Duffy Ronald Backes Ronald Backes David Strand Larry Mitchell Keith liel and Larry Mitchell Don Rye Alternate David Strand Thomas Duffy Keith Meland Larry Mitchell Allen Friedman Lyle Hanks David Strand Thomas Duffy It was moved by Councilman Duffy, seconded by Councilman Heland, to approve the appointments. The motion passel 6-0. Lyle Hanks said anyone knowing of individuals interested in serving on the Charter Commission should submit their names to the City Manager's office. Regarding commission attendance, the Mayor stated that in the past individuals with less than 60% attendance were removed; however, last year a new policy was institu- ted wherein they were sent letters reminding them of the 60% mininum attendance requirement. The consensus was that letters be sent. It was moved by Councilman Meland, seconded by Councilman Duffy, to accept the resignation of Al Hyster from the Fire Civil Service Commission and send him an appropriate letter of appreciation. The motion passed 6-0. It was moved by Councilman Meland, seconded by Councilman Duffy, to accept the resig- nation of Dan Dornfeld from the Parks and Recreation Advisory Commission and send an appropriate letter of appreciation. The motion passed 6-0. Mayor Hanks suggested, and Council agreed, to have the potential combination of the Fire and Police Civil Service Commissions be placed on the January 5, 1987 agenda for discussion. 10b. VFW gambling license renewal Application of the VFW for renewal of its gambling license It was moved by Councilman Duffy, seconded by Councilnan Meland, to approve the renewal. The motion passed 5-1 (Councilman Strand opposed). NEW BUSINESS lla. Non -intoxicating liquor licenses list of licenses. The motion passed 6-0. It was moved by Councilman Duffy, seconded by Councilman Backes, to approve the City Council meeting minutes December 15, 1986 llb. Temporary intoxicating liquor licenses Amendment to ordinance relative to icating liquor license issuance of temporary on -sale intox- It was moved by Councilman Cleland, seconded by Councilman Mitchell, to waive first reading, set second reading for January 5, 1987 and authorize summary publication. The City Attorney referred to the phrase "no more than two occasions per calendar year." He said there was an ambiguity in that it is intended to limit it to no more than two occasions per licensee or premises. He proposed to amend the ordinance as follows: No more than two occasions per calendar year per licensee. The motion passed 4-2 (Councilman Strand, Mayor Hanks opposed). llc. Newsletter bids It was moved by Councilman Meland, seconded by Councilman Strand, to designate Nystrom Publishing Company as the lowest responsible bidder and authorize execution of a con- tract for $9,300. The motion passed 6-0. lld. Official City newspaper It was moved by Councilman Duffy, seconded land, to accept the id of Minnesota Suburban Newspapers to serve asythe uCity's nofffficial newspaper for 1987. The motion passed 6-0. Councilman Strand commented that on several occasions during the past year, there have been a number of occasions when only one bid has been received. He asked staff if this publication is serving as an effective means of getting notice out for the bids. The City Manager responded he knew of no other local paper capable of serving the City's needs. Councilman Backes said bid notices usually are run in papers serving the construction industry such as in the Construction Bulletin. Other notices, directed to the general Public, would have a wider circulation in the Sailor than, for example, the Minneapolis Star & Tribune. Mayor Hanks pointed out that publishing in the Minneapolis Star & Tribune is almost prohibitive from a financial standpoint. The City Manager said that as -far as advertising for bids is concerned, the Public Works Department maintains a list of contractors who are sent notices of bids as well as thim being published in the newspaper. Ile. Legislative liaison It was moved by Councilman Mitchell, sec- , that contract for legislative liaison services bedinitiatednwith athetrandPopham, Haikhfirm. Councilman Strand felt that all three presentations were excellent and of equal value. Giving Popham, Haik a slight edge was their familiarity with the issues facing the City coming from their long association with the City. .0 I City Council meeting minutes L December 15, 1986 Councilman Backes said he had a problem with the concept as a whole. He was not disagreeing with retaining a firm to function as legislative liaiscr+, but the duties have not been defined. In the presentations, he said he did not hear anything discussed that was unique to St. Louis Park or not uncommiaA to any of the cities in the seven county metro area. He noted that no other cities had retained firms to do the type of thing the City is thinking of hiring them for. He felt there was potential for conflict with the AMI and LMC depending on the issues which might come up in the future. He said that some three years ago a group of cities joined the Minnesota Legislative Commission which primarily addressed the local government aid and fiscal disparities matters. Conflicts arose to the extent that some cities who were also members of AMM dropped out of the AMM. He said he was open to exploring an association with a legislative lobbyist, but was not prepared to take any action that night because the expenditure for such services was unknown and a specific program has not been developed. Councilman Mitchell said his motion was merely to get the process underway. He acknowledged that potential for conflict could exist, but he felt there was a service that could be provided based on some of the problems the City has encountered in the past which could be eliminated locally and still avoid any conflict. He felt the City needed to get the process underway and determine how a program would be structured. He viewed it as experimental, but he'd like to see the City go ahead and at least make the selection of a firm that evening. Councilman Backes felt the two biggest issues would be local government aid and fiscal disparities. He was aware of a number of organizations acting as watchdogs over these issues and wouldn't want to see a $25-530,000 bill run up by the City's own liaison. Councilman Mitchell felt the way to proceed was to structure a program first. Mayor Hanks asked who would do it - staff and Council members, a subcommittee of Council or what. Councilman Meland suggested initially asking the firm to make a specific and detailed proposal of the services they would propose to give the City, quoting costs and highlighting issues they think are going to be important. Councilman Backes asked if it would not be better to schedule the matter for a study session, sit down and all talk about it before directing the firm to do so much detail work. Councilman Duffy felt it might be appropriate to talk to the firm and ask how they viewed proceeding. Mayor Hanks asked if Council wanted to incorporate into its motion a meeting with the legislative liaison at 6:30 on January 5. This was agreeable to the Council. The notion passed 6-0. llf. Prosecuting attorney Reporting requirements It was moved by Councilman Mitchell, seconded by Councilman Meland, to direct that the City Manager request information from the prosecutor and develop a policy for prosecutorial services for presentation to the City Council. -281- City Council meeting minutes December 15, 1966 Alluding to staff's memo, Councilman Mitchell asked that after "prosecutorial Policy" the following phrase be inserted: "_with review and comment from the incoming city pro%ecutor and that after review, the Council adopt a policy for dealing with prosecutorial matters" and that this be made part of the motion. Councilman Strand suggested a friendly amendment to the motion to include that with the report, a crpy of the existing policy be attached. If such a policy is not in writing, he requested it be put in writing and attached. The motion passed 6-0. lig. Cau l improvement Program It was moved by Councilman Meland, seconded by Councilman Backes, to approve the Capital Improvement Program. The motion passed 6-0. Councilman Mitchell expressed his appreciation for the CIP cover a one-year period instead of a five-year period as was previously done. Mayor Hanks reminded those present that each project contained in the CIP comes before Council separately for approval. The entire CIP serves more as a guide and overview of the coming year's projects. 12a. Claims MISCELLANEOUS Laurel Behning By consent, the claims were referred to the City Clerk and City Attorney. 12b. Communications from the Mayor The Mayor reported he would be out of town until January 4, 1987. 12c. Communications from the City Manager The City Manager referred to the report on the status of cases with the City Attorney and the copy of the Open Meeting Law before Council. Councilman Strand asked that when new Council members come on board they be provided with an update from the City Attorney on pending cases. In reference to the towing contract, the City Manager reported that a certificate of insurance had been submitted, but it was being studied by the City Attorney because of some reference to a rider. The contractor has not submitted a performance bond, and the contractor has suggested a letter of credit as an alternative. The City Manager said staff is skeptical of his ability to obtain a letter of credit in view of his financial history. He said he's been given until 4:00 p.m. Wednesday of that week to provide a letter of credit. It was the Manager's recommendation that if the insurance certificate proves to be adequate and a letter of credit is received, the contract be maintained. Otherwise, it be cancelled and awarded to the second lowest bidder. -282- City Council meeting minutes rr December 15, 1986 Councilman Mitchell asked that this be communicated to the contractor in writing. It was moved by Councilman Mitchell, seconded by Councilman Duffy, to communicate to the towing contractor that he has until 4:00 p.m., Wed., Dec. 17, 1986, crt,•,;, to provide adequate certificate of insurance and letter of credit. The motion passed 6-0. The City Manager said he would ask for an executive session to discuss a condemnation matter, returning to chambers to take action. He would also ask for an executive session to provide an update on labor negotations, but no action would be required on that matter. The City Manager said he had received a report that afternoon showing 1986 new evaluations to be close to $70 million, an all-time high for the City. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified Claims It was moved by Councilman Cleland, seconded by Councilman Duffy, istms prepared by the Director of Finance dated that Dec.he15, 1986 finVerified the amount sof S:rr�s` $259,492.92 for vendor claims and $10,050.41 for payroll claims be approved and the City Manager and City Treasurer be authorized to issue checks in the appropriate amounts. The motion passed 6-0. 13b. Contract payments - Resolution 86-210 rrfj Final payment: Ridgedale Electric. traffic signal system. Amount: $17,877.68 ►: It was moved by Councilman Meland, seconded by Councilman Duffy, to waive r" reading and adopt Resolution 86-210 entitled Resolution accepting work on '' til traffic signal system, City Project No. 86-01." The motion passed 5-1 (Councilman Mitchell opposed. The Council assembled in executive session. Upon its return to chambers, it was moved by Councilman Meland, seconded by Coun- cilman Duffy, to accept the recommendation of the City Attorney in terms ;•jof the settlement with Peninsula Industrials. The motion passed 6-0. 14. Adjournment It was moved by Councilman Meland, seconded by Councilman Duffy, that the meeting be adjourned at 9:30 p.m. Eyly Hanks, mayor • L C.� 1 j✓t' t ,mlth, Recording Secretary