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HomeMy WebLinkAbout1991/07/15 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 15, 1991 1 . Call to order Mayor Pro Tem Keith Meland called the meeting to order at 7:30 p.m. 2. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Jane Tschida, and Keith Meland. Councilmember Friedman arrived at 7:50 p.m. Also present were the City Manager (Bill Dixon) , Director of Public Works (Jim Grube) , Director of Community Development (Dave Hagen) and Personnel Officer (Wally Wysopal ) . Also present was the City Attorney (Lee Sheehy) . 3. Presentations None. 4. Approval of minutes It was moved by Councilmember Tschida, seconded by Councilmember Haun, to approve the minutes of the July 1 , 1991 meeting. The motion passed 4-0. The minutes of the special meeting on July 8, 1991 and the Long Range Planning session of July 8, 1991 were deferred to August 5, 1991 because lack of a majority vote (Councilmember Jacobs was not in attendance) . 5. Approval of agenda It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the consent agenda. The motion passed unanimously. It was moved by Councilmember Haun, seconded by Councilmember Tschida, to approve the agenda for July 15. The motion passed unanimously. PUBLIC HEARINGS 6a. Omni Mechanical Special permit to allow outdoor storage Resolution 91-137 Councilmember Haun asked about landscaping between the open storage and the street. tlr. Hagen said that was addressed in a condition in the special permit resolution. Also, screening has been incorporated into the new zoning ordinance. . City Council meeting minutes July 15, 1991 There being no one further wishing to speak, the Mayor closed the hearing III with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution 91-137 entitled "A resolution granting special permit under Section 14-171 (6) (z) of the St. Louis Park Ordinance Code relating to zoning to permit outdoor storage for property zoned I-1 , Industrial District, located at 7000 Oxford St." The motion passed unanimously. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Police labor agreement Councilmember Jacobs said that Resolution 91-138 it was his intent, because of his previous connection with Police Local 320, to abstain from voting. Having previously represented them as an attorney, he thought it not appropriate to vote. As only four members were present, Councilmember Friedman not yet having arrived, the City Manager said this would be a problem should they defer. III The City Attorney and Councilmember Jacobs took a few moments to discuss the matter. Councilmember Friedman arrived. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to adopt Resolution 91-138 entitled "Resolution approving the Minnesota Teamsters Public and Law Enforcement Employee' s Union, Local 320 and establishing salaries and insurance contributions for the years ending Dec. 31 , 1991 and Dec. 31 , 1992." At Councilmember Friedman's request, Mr. Wysopal addressed the' issue of performance pay and quoted from the contract: "This wage schedule constitutes basic wages less performance pay or out of classification pay which shall not be compared to other comparable police departments' wages which include longevity pay." The motion passed 4-0-1 (Councilmember Jacobs abstained) . The City Attorney said Councilmember Friedman' s arrival eliminated the need to render any advice/opinion regarding the conflict issue that Councilmember Jacobs raised. He did not want to leave any inference in the public record that he believed there was a conflict. He felt the Councilmember' s disclosure was completely appropriate and in light III- of the circumstances his ability to abstain eliminated any need to render an opinion. He felt the abstension was merely cautionary on Councilmember Jacobs part. -103 City Council meeting minutes July 15, 1991 8b. Clarification of retirement Local police pension definition Resolution 91-139 of retirement Mr. Wysopal gave a brief report on the background of this matter. It was moved by Councilmember Haun, seconded by Councilmember Tschida, to adopt Resolution 91-139 entitled "Resolution defining "Police Performance Pay" as a "supplemental benefit payment" according to the bylaws of the St. Louis Park Police Relief Association." The motion passed 5-0. 8c. Special permit, declaration of covenants amendment 4725 Minnetonka, 3025 Ottawa Resolution 91-140 Sam Stern, representing the applicant, said he was present to answer questions. The reason for their request was to facilitate FHA refinancing on the project in order to assure the future stability of the project. Councilmember Haun asked if the applicant were in compliance with FHA guidelines in that there are no restrictions on occupancy based on age. Mr. Conlan, Nichols & Conlan Financial , said that was correct. Councilmember Tschida wondered if in the future the project was to be renovated the FHA will not then allow strictly senior citizen housing. "1r. Stern said he does not anticipate FHA guidelines will change. He felt it comendable that Park Hill was anticipating the need for reserves now via the refinancing so that future costs will not have to be passed on to seniors. Councilmember Haun asked Sid Bader, Z&S Management, if it was not his intent to continue the present operation with seniors being the majority of the residents and also to have enough funding to do what is necessary to maintain the project as a pleasant place for them to live and maintain reasonable, affordable rent levels. lir. Bader said that was correct, that they had no intention of changing anything. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 91-140 entitled "A resolution rescinding Resolution 85-187 adopted on Nov. 18, 1985 and granting special permit under Section 14-124. 101 (2) of the St. Louis Park Ordinance Code relating to zoning and approving the amendment or termination of declarations of covenants and restrictions to allow conversion of senior citizen housing to multiple family housing at 4725 Minnetonka Blvd. ana 3025 Ottawa Ave. So." The motion passed 4-0 (item taken out of order; Councilmember Friedman had not yet arrived. ) -104- City Council meeting minutes July 15, 1991 REPORTS FROM OFFICERS, BOARDS, COMMITTEES III 9a. Traffic Study 446 Traffic controls at Oxford/Edgewood Resolution 91-144 intersection By consent, adopt Resolution 91-144 entitled "Resolution authorizing stop sign placement at the easterly Oxford Street approach to Edgewood Ave. and a yield sign at the westerly Oxford St. approach to Edgewood Ave." 9b. Traffic Study 447 Temporary traffic controls: Park Hill Resolution 91-142 neighborhood By consent, adopt Resolution 91-145 entitled "Resolution authorizing temporary stop sign placement in the Park Hill neighborhood - France Ave. to Joppa Ave. between Minnetonka Blvd. and W. 28th St." 9c. 32nd/Oregon stormwater pond Request for neighborhood meeting It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to hold a neighborhood meeting to discuss this proposed project. Councilmember Haun asked if the park in the area would be affected by this project. III Mr. Grube said the park would be affected by the project. Information regarding that matter has been provided to the Parks and Recreation Commission in June 1990 and subsequently passed along to the neighborhood. At the request of the residents, modifications have been made to the slope design. Fences for security purposes will be provided upon the residents' request. At this point, no request for fencing has been received; however, that option remains open should the project go forward. The motion passed 5-0. d. Park and Recreation Commission minutes June 12 e. June 1991 financial report f. Housing Authority minutes June 11 Items 9d-9f ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS lla. Bennigan' s Liquor license change: Addition of 111 partners -105- City Council meeting minutes July 15, 1991 It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve the application. The motion passed 5-0. llb. Bid tabulation Street paving, curb/gutter, random Resolution 91-144 concrete replacement (Franklin Ave. ) By consent, adopt Resolution 91-144 entitled "Resolution accepting bid and authorizing execution of a contract for improvement Project Nos. 90-15 and 91-07: Franklin Ave. from Westwood Hills Dr. to Westmoreland and for City-wide random concrete repair." llc. Bid tabulation Street paving, curb/gutter/storm Resolution 91-145 sewer/street lighting/traffic signal (north/south frontage roads of T.H. 7) By consent, adopt Resolution 91-145 entitled "Resolution accepting bid and authorizing execution of a contract for construction of the north and south frontage roads of T.H. 7 and Wooddale Ave. under Project Nos. S.P. 2706-177, S.A.P. 163-010-27, S.A.P. 163-280-17 and S.P. 2706-174 contingent upon receipt of concurrence by the State of Minnesota." lld. Change order: NewMech Companies Well No. 4 water treatment facility Councilmember Friedman asked if this project was done at low bid. Mr. Grube said it was. Councilmember Friedman asked why the contractor was seeking additional funds, what had changed since the time of bid. Mr. Grube said sub-surface soil conditions was the problem. The existence of a pump house and slope prevented soil borings from being accomplished. The bid documents were based on soil borings done in the front of the pump house and the poor soil was located at the rear where soil borings had not been done. He said the design had been done by the City' s consultant. Councilmember Friedman's concern was that if the City hired someone to, design something and the bids are based on what they designed, is there anything in the documents allowing for additional costs. Why should the City be anteing up more money when, in this instance, it appears to be the fault of the consultant. He was of the opinion that should the City take reasonable and prudent steps in situations such as this one, why does it seem the City always ends up paying out more money. Councilmember Jacobs asked if the City Attorney could not review the bid documents and determine whether or not there is a possibility of the consultant assuming some or all of the additional costs incurred. -106- City Council meeting minutes July 15, 1991 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to work this matter out with the contractor while he proceeds with the ' project and that in the interim the City Attorney be directed to report back to Council as to where the City sits with reference to the consultant for the August 5 meeting. The motion passed 5-0. MISCELLANEOUS 12a. Damage claims By consent, claims referred to City Clerk and City Manager 12b. Communications from Mayor None 12c. Communications from City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated July 15, 1991 was approved and checks authorized to be distributed in the following amounts: Vendor claims $340.008.86 and payroll claims $45, 196. 16. 14. Adjournment The meeting adjourned at 8: 17 on a unanimous vote. 'a or 'ro em tfl Recording Secretary -107-