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HomeMy WebLinkAbout1987/01/05 - ADMIN - Minutes - City Council - Regular MINUTES 11111 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JANUARY 5, 1987 1 . Call to Order The meeting was called to order at 7:30 by Mayor Lyle Hanks. 2. Presentations None 3. Roll Call The following Council members were present at roll call : Thomas Duffy Larry Mitchell Allen Friedman David Strand Keith Meland Lyle Hanks Also present were the City Manager, City Attorney, Director of Public Works, Director of Planning and the City Assessor. 4. Approval of Minutes It was moved by Councilman Strand, seconded by Councilman Meland, ill to approve the minutes of the December 15, 1986 study session. The motion passed 5-0-1 (Councilman Friedman abstained). It was moved by Councilman Strand, seconded by Councilman Duffy, to approve the minutes of the December 15, 1986 City Council meeting with the following correction: item- 11-f;- -second —tine;"Ci ty—Attorney"--should-be -"City Manager". The motion passed 5-0-1 (Councilman Friedman abstained) . It was moved by Councilman Meland, seconded by Councilman Duffy, to approve the minutes of the December 31 , 1986 meeting with the following correction: incorporated into the motion should be Councilman Strand's request that staff report back on the availability of stop/loss coverage for the City. The motion passed 4-0-2 (Councilman Mitchell and Friedman abstained). 5. Approval of Agenda -T-t--was--mGv d by--444m41-man--Duffy, seconded by Councilman Meland, to approve the consent agenda for • January 5, 1987. The motion passed 6-0. It was moved by Councilman Mitchell , seconded by Councilman Friedman, to approve the agenda for January 5, 1987 with the following additions: 10c. Legislative liaison and lld. Sale of County property. The motion passed 6-0. Ill, . PUBLIC HEARINGS 6a. South Oak Pond expansion Improvement hearing, MC-19: South Resolution 87-1 Oak Pond expansion -1- . City Council meeting minutes January 5, 1987 Megan McMorris distributed a letter from the Izaak Walton League expressing their concerns over the proposed expansion of the pond. The League felt there were many important aspects of the project that should be studied, among them, quality of the water, siltation, and possible contamination to surrounding ground- water due to the Reilly Tar creosote contamination. The League was asking the Council to review their letter and seriously consider the issues. William Rosen, representing the Goldens who own property in the immediate area between Monitor and Hampshire, asked if Council approved this project this evening, would the project commence. The Mayor replied that it would) and the assessment hearing for the project would be conducted later. Mr. Rosen asked that when the project is completed would his clients' property be removed from the 100-year floodplain since drainage would then presumably be accounted for. The Director of Public Works said the answer was no because this project is only one step in a multi-step stormwater management plan for that subwatershed. He said additional physical work must be done in order to isolate this subwatershed from backwater flooding of Minnehaha Creek. He said that project is scheduled for a future date. Bob Strauss, Izaak Walton League, said the League had no problem with expansion of the pond and no problem with the methodology being used, they just wanted to make sure there would be adequate monitoring of the situation. The Director of Public Works wanted to reiterate to all concerned that the City was required to receive permits from the DNR, the Minnehaha Creek Watershed District and the Pollution Control Agency in order to proceed with this pond expansion. Councilman Strand -askedwhat -would--happen_shoul d___water samples from the site prove to be questionable in terms of quality. The Director responded it would be staff's feeling that should that occur, water from throughout the City should be tested and samples compared with - those of a surrounding community, Bloomington for example, which has also experienced water quality problems. He said that in other words, initially the feeling would be that the pond expansion, in and of itself, would not necessarily be unfavorable to water quality. He said tests from the pond would be compared to water samples from other stormwater basins in the community to see if there is anything s_ignificant]_y_di_ff_erent at the pond site. Tom Hector, resident of Hampshire Lane, said he received a letter addressed to the former owner of his property relative to the Reilly Tar settlement alluding to a 30-year program to clean up the area. He- asked if this proposed pond expansion was aimed at protecting the rest of the land in the 30-year -floodplain from contamination happening to the rest of the land or is it an attempt to protect Minnehaha Creek from contamination from the actual land surrounding it. Mayor Hanks said that two different items were being addressed. In an attempt to clarify any confusion, the City Manager said the 30 years refers to the duration of the Consent Decree, that is, how long the court has jurisdiction over the enforcement of the Remedial Action Plan. The expansion of the pond is not part of that consent order; however, it is located within the contaminated - area and therefore all necessary precautions have to be taken. He said this project is in response to the Minnehaha Creek Watershed District's request that the City do something about the flooding in the subwatershed district, and also is in response to surrounding property owners requesting to develop because City Council meeting minutes January 5, 1987 of an inadequate stormwater management plan for the area. There being no one further wishing to speak, the Mayor declared the hearing closed with the right of Council to thereafter reopen it at a future date. Councilman Strand, referring to the letter presented to Council by the Izaak Walton League, asked staff for clarification on the two items of siltation and groundwater contamination, specifically, is there going to be additional pumping involved and if so, will the City have a suspended solids problem. m groundwater. Director of Public Works responded there would be pumping of the e g oundwater. Also, there would be pumping of water from the existing pond to lower the water level so the connection can be made between the existing pond and the upland dry pond concept for expansion. He said the matter of pumping of ground- water necessitates the special permit. Should the level of contamination be such that the water could not be fed into the creek, it would then be pumped into the sanitary sewer. He said the matter of siltation was an absolute requirement of the Watershed District, and the City would be taking every precaution that siltation, or erosion, be minimized. Councilman Meland asked if there wouldn't be assessments in the upper MC-19. The City Manager said funds would be coming out of the sewer utility fund. Councilman Me.land asked for clarification of Zone 1 and Zone 2, that is the differential in benefits. The City Manager said those directly benefitted by the project were in Zone 1 ; those with lesser benefit, are in Zone 2 - the same concept as used in other assessable projects. It was moved by Cou-ncaaman =Ma-tchell ,--seconded-ty-C-ounc-i-lman-Mea-and,--to--_wai-ve reading and adopt Resolution 87-1 entitled "Resolution ordering improvement, ordering preparation of plans, specifications and authorizing advertisement for bids, for Improvement No. 86-11 , stormwater detention facility expansion, South Oak Pond, W. Lake St./Taft Ave." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Temporary on-sale liquor licenses Second reading of an ordinance permitting temporary on-sale liquor licenses It was moved by Councilman Strand to reject. IL The motion died for lack of a second. It was moved by Councilman Friedman, seconded by Councilman Duffy, to waive second reading and adopt the ordinance. -3- City Council meeting minutes January 5, 1987 Councilman Friedman asked if it were a State law that says an organization can only have two events in any one year or is that what the Council determined. The City Manager said the law does not specify, but that the -City had received reliable information from a member of the Liquor Contol Commission who said if it got much beyond that, they would raise a question as to whether this was indeed a temporary license. Council Friedman noted that a wedding where liquor is served does not come under this type of jurisdiction. The comment was made that a charge is not ordinarily made in those instances. Councilman Mitchell asked if it were necessary for Council to deal with this item. Councilman Friedman said he had brought the issue up as he is aware of organiza- tions doing this which didn't realize they were doing something illegal . Councilman Strand asked for clarification of the phrase "mandatory liability insurance provisions do not apply." The City Attorney replied that a licensee would not have to acquire dram shop insurance. Councilman Strand expressed his concern relative to no insurance being required in the event of a three-day function. He felt a function for three days was excessive even if it were a non-profit organization. The City Attorney said State law does permit a city to be more restrictive - he thought Iwo times_was_the_maximum number of functions in _a given _year. y Councilman Mitchell asked what the implications were for the City, i .e. is the City liable. The City Attorney said State law does permit exclusion of the dram shop insurance requirements as part of State Statute. It was his opinion that the City would have no more liability for issuance of this type of license than it would for the issuance of any other license. Councilman Meland presumed a licensee would be subject to the same operating hours as other license holders. The City Attorney said he would have to research that point. - The consensus of Council was that sufficient questions had been raised and the item probably should be deferred until such times as those questions are answered. It was moved by Councilman Friedman, seconded by Councilman Duffy, to defer the item to Jan. 20, 1987. The City Attorney asked if he had all of Council 's questions correctly: does State law require the City to require dram shop insurance as part of the license?; what are the regulations such as hours, etc. that would be applicable to a licensee obtaining a license under this requirement; and what remedies would be available to the City in the event of a violation of the license? -4- City Council meeting minutes January 5, 1987 \IPCouncilman Friedman asked if there were any additional liability or onus placed on the City under this type of licensing than there would be in issuing any other type of license. Councilman Strand asked if the City Attorney could also provide Council with some idea of the extent to which the ordinance could be made more restrictive. Councilman Mitchell asked if there were a clear definition of charitable or non-profit organization. Mayor Hanks asked if this ordinance were passed, would a group just come in and apply for it at the Clerk's office or would such a request have to be approved by the Council like other liquor licenses. Councilman Friedman said this request actually came from a religious group open has yearly meetings or their own get-togethers w which c are not to the public. The motion to defer passed 6-0. 8b. Release of MSA funds Request to MnDOT to release MSA Resolution 87-2 funds for financing of street improve- ments along CSAH 5 from Texas to Ottawa Ave. It was moved by Councilman Meland, seconded by Councilman Duffy, to waive reading and adopt Resolution 87-2 entitled "Resolution requesting the Minnesota Department of Transportation for release of municipal state aid funds to reimburse the City of St. Louis Park for eligible costs incurred in the improve- ment of CSAH 5 (Minnetonka Blvd. ) from Texas Ave. to Ottawa Ave." The motion passed 6-0. 8c. MnDOT agency agreement It was moved by Councilman Mel and, Resolution 87-3 seconded by Councilman Mitchell , to waive reading and adopt Resolution 87-3 entitled "Resolution authorizing execution of an agency agreement with the Minnesota Department of Transportation providing for the Commissioner of Transportation to act on behalf of the City pursuant to Minnesota Statute 161 .36." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Survey: Quentin Ave. Survey results regarding street/alley connection at Quentin Ave. It was moved by Councilman Friedman, seconded by Councilman Mitchell , to direct staff to hold a neighborhood meeting to review the results of the survey with the affected residents. The motion passed 6-0. - -5- f • City Council meeting minutes Jan. 5, 1987 4111/ 9b. Expansion of MSC Consultant selection for architectural services related to the expansion of the MSC Councilman Friedman questioned the design costs being so high.- The City Manager • replied that the $13,250 is the design cost and $4,650 is the fee to supervise the construction of the project. It was moved by Councilman Strand, seconded by Councilman Meland, to accept the proposal of Wirtanen, Clark & Larsen Architects to provide professional services for the design and construction of an additional parking bay at the MSC at a cost not to exceed $17,900. The motion passed 5-1 (Councilman Friedman opposed). 9c. Joint Civil Service Commission Establishing a joint Police/Fire Civil Service Commission Mike Stockstead, President of Local 993 International Association of Firefighters, • addressed the Council . He said they were opposed to the proposed merger of the Police and Fire Civil Service Commissions, and that the firefighters would like the opportunity to study any possible merger. He felt all firefighters and police personnel had concerns about how a joint commission would operate. They also had concerns about the rules which would govern 41111 the joint commission. Councilman Strand asked if the union would be opposed to having those questions addressed at the same time the ordinance is being developed, i .e. incorporation of their concerns - into--the--ordi-nnce--Nr.---Stockstead responded they _would hope all of their concerns would be addressed. Councilman Friedman asked how police and fire personnel would be involved in the process. The City Manager responded they have all been asked for their input. He said the ordinance would not contain the rules governing any joint commission as this would not only make a very thick document, but it would be cumbersome and unwieldly to amend. Councilman Friedman asked how Council would address the question the police/fire personnel have relative to how this would impact the rules. The City Attorney responded one option would be to let the two sets of rules currently in place be applicable to the two departments but enforced by a joint commission. Councilman Mitchell felt the proposed ordinance lacked specificity. He said presently it was in a draft stage and the specifics of both groups could 411/1 be addressed along the way as the process proceeds. He felt it was important _ to get a start on the ordinance, bringing it into focus more sharply at a later time. Councilman Friedman said he would vote in favor of looking at the ordinance, -6- City Council meeting minutes Jan. 5, 1987 1111 but will jealously guard the ability of both departments to have input if they feel it is going to materially affect their positions. It was the Council 's consensus that rather than push to have a draft ready for January 20, a first draft be ready for February 2 with a final or near final form for mid-March which will give ample time for input to be received from all interested personnel . Kim Kallestad, secretary of Local 993, said he would like to see the Fire Civil Service Commission brought up to full strength to carry on its work and give input on the proposed combination. He asked that the member who resigned be replaced. In answer to a question re the filing of a lawsuit, the City Attorney said a lawsuit was filed relating to a pending appointment on the Civil Service commission. Some of the issues raised in the lawsuit included testing and interpretation of rules and an issue relating to a commission vacancy. He said the issues raised this evening were not incorporated into that lawsuit. It was moved by Councilman Mitchell , seconded by Councilman Strand to develop a draft ordinance for a joint_ police/fire civil service commission for the February 2, 1987 City Council meeting. The motion passed 5-1 (Councilman Meland opposed) . 9d. NBA basketball team Naming of NBA basketball team It was moved by Councilman Strand, seconded by Councilman Duffy, to select the name Timber Wolves for the proposed NBA basketball team. The motion passed 6-0. 9e. Louisiana Ave. homes Selection of realtor to sell homes on Louisiana Ave. It was moved by Councilman Mitchell , seconded by, Councilman Strand, that staff select three realtors and have those three interviewed by Council with an eye to narrowing it down to one. Councilman Meland said he was uncomfortable with that approach as it seems to establish some type of policy. lie would prefer a staff report -Showing three finalists but containing a definite recommendation from staff answering such questions as commission, how to be negotiated, etc. In answer to a question from the Mayor, Councilman Mitchell said it was not all that different from the way the Housing and Redevelopment Authority selected the developer for the Excelsior Blvd. project: solicit proposals, discuss it with those making the proposals, narrow it down and select one. The motion passed 4-2 (Councilman Meland, Mayor Hanks opposed) . 9f. HRA minutes December 9 9g. HRA minutes December 13 9h. HRA minutes December 17 9i . Planning Commission minutes December 17 All minutes ordered filed by consent. -7- City Council meeting minutes Jan. 5, 1987 4111 UNFINISHED BUSINESS 10a. Boards & Commissions Councilmen Friedman and Strand will conduct interviews for the Planning Commission opening at 5:00 p.m. on Monday, Jan. 12. Councilman Duffy and Mayor Hanks will conduct Parks & Recreation interviews at the same time. Remaining interviewees will be seen on Tuesday, January 20. 10b. Prosecutor report The City Manager said information from the former prosecutor is being worked on. As far as the new prosecutor is concerned, there is some confusion as to what is being requested. Councilman Friedman offered to meet with the new prosecutor to assist them. Councilman Strand said he would be interested in meeting with the new prosecutor particularly to discuss the prosecutorial policy. Councilman Mitchell said he couldn't understand spending so much money and receiving so little accountability. He said anything Council has asked seemingly can't be answered. He said he'd like to see some answers before February. It was moved by Councilman Mitchell , seconded by Councilman Strand, that III Council communicate to the former prosecutor to provide to Council as best they can what has been requested and that the new prosecutor be asked to format a report to be made available to Council in February that will communi- cate the kinds of information Council is looking for. The motion passed 6-0. 10c. Legislative liaison It was moved by Councilman Strand, seconded by Councilman Duffy, to accept the scope of services as presented by the legislative liaison (Pat Jensen of the Popham, Haik firm) to an amount not to exceed $10,000. The motion passed 5-1 (Councilman Friedman opposed) . NEW BUSINESS lla. Raffle Application to conduct raffle Councilman Friedman asked where the money the applicant collects goes. Councilman Duffy said they are licensed as non-profit. He thought it odd they have been conducting a raffle for some 35 years and now their application must be reviewed by Council . It was moved by Councilman Duffy, seconded by Councilman Meland, to approve 41/1 the application of Minnesota Operators of Music and Amusements to conduct a raffle. The motion passed 6-0. -8- • City Council meeting minutes January 5, 1987 llb. Time extension: Northern N Request for time extension: Northern Contracting N Contracting (Hannon Lake Sedimenta- tion basin) It was moved by Councilman Strand, seconded by Councilman Meland, to grant the time extension. The motion passed 6-0. llc. Police uniform contract 1987 police uniform contract It was moved by Councilman Strand, seconded by Councilman Meland, to designate Uniforms Unlimited as the lowest responsible bidder and authorize execution of a contract for 1987. The motion passed 6-0. lld. County property for sale Councilman Strand said the City had received notice from Hennepin County re the sale of property near County Rd. 18 and Minnehaha Circle which was left when County Rd. 18 was put through. Before the City responds to the County's request, he would ask that staff write a letter to the County requesting an extension of time to respond to their request so the matter can be referred to the Planning commission to see if there is any public purpose for the land. He had no inclination one way or the other, but he had received inquiries about the property. This was put in the form of a motion and seconded by Councilman Mitchell . The motion passed_ &=0. Councilman Meland suggested the Parks & Recreation Commission might also be queried about any public need. MISCELLANEOUS 12a. Claims Lorraine Lietzke, 3201 Hillsboro Local 993 Internation Assoc. of Firefighters By consent, the claims were referred to the City Clerk and City Attorney. 12b. Communications from the Mayor Governance seminar - Various dates r - in March-- were -discussed relative to a governance seminar with John Carver. It was moved by Councilman Strand, seconded by Councilman Mitchell, to accept John Carver's proposal to conduct a governance seminar and to have a date specified in March when everyone can get together with an agenda to be worked out in the interim. The motion passed 5-1 (Councilman Friedman opposed) . It was decided to interview Lenore Brill , alternate to the Metropolitan Airport Sound Abatement Council . -9- • City Council meeting minutes January 5, 1987 12c. Communications from the City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Claims It was moved by Councilman Meland, seconded by Councilman Duffy, that the list of verified claims, dated January 5, 1987 prepared by the Director of Finance in the amount of $614,472.06 for vendor claims and $9,360.92 for payroll claims be approved and checks issued in the appropriate amounts. The motion passed 6-0. 13b. Contract payments 1 . Final payment: Midwest Elevators, City Hall . Amount: $3,150.00 It was moved by Councilman Strand, seconded by Councilman Duffy, to waive reading and adopt Resolution No. 87-4 entitled "Resolution accepting work on the repair of City Hall elevator." The motion passed 6-0. 2. Partial payments: 2. Noble Nursery, City Hall landscaping. Amount: ,$14,301 .81 41111 3. Northern N General Contracting, Hannon Lake sedimentation basin. Amount: $37,912.77. It was moved by Councilman Duffy, seconded by Councilman Mitchell, to approve the partial payments. The motion passed 6-0. 14. Adjournment The meeting adjourned at 9:28 p.m. 61) Ly Hanks, Mayor at k.1:, eiciVlingtretary 111/1 -10-