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HomeMy WebLinkAbout1991/08/05 - ADMIN - Minutes - City Council - Regular • MINUTES IIICITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA August 5, 1991 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks read a proclamation for "National Night Out" to be observed Tuesday, August 6, 1991 . 3. Roll call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell and Lyle Hanks. Also present were the City Manager (Bill Dixon) ; City Attorney (Lee Sheehy) ; Director of Public Works (Jim Grube) ; Director of Community Development (Dave Hagen) and Director of Finance (Harlan Syverson) . III4. Approval of minutes It was moved by Councilmember Haun, seconded by Councilmember Mitchell , to approve the minutes of the July 8, 1991 meeting. The motion passed 5-0-1 (Council- member Jacobs abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to approve the minutes of the Long Range Planning session of July 8, 1991 . The motion passed 4-0-2 (Councilmembers Jacobs and Meland abstained) . It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs to approve the minutes of the July 15, 1991 Council meeting. The motion passed 6-0-1 (Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the consent agenda with the removal of llc to the regular agenda. The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Haun to approve the agenda with the addition of lle. Litigation. The motion passed 6-0. III PUBLIC HEARINGS 6a. Methodist Hospital Special permit: Temporary parking Resolution 91-146 lot (vacant Golden Auto site) Vic Polich, Methodist Hospital , was present to answer questions. -108- City Council meeting minutes August 5, 1991 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 Jacobs, seconded by Councilmember Meland, to adopt Resolution 91-146 entitled "A resolution rescinding resolution No. 87-137 dated Sept. 21 , 1987 which amended Resolution 2400 dated July 29, 1963 and rescinding Resolution No. 2400 dated July 29, 1963 and granting a special permit (conditional use permit) for remedial measures related to on-site soil contamination, a temporary parking lot, open storage and restating non-conforming rights for an auto reduction yard under Sections 14-123.100(2) and 14-17(6) (Z) of the zoning ordinance for property located in the F-2, flood plain district and I-1 industrial district at 7303 W. Lake St." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. Change name of Vernon Ave. Rename Vernon Ave. from 1-394 to Cedar Lake Rd. Park Place Blvd. Lois Bredahl , represented' Klodt Companies, who was making the request. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve the request. ill Councilmember Meland noted that approval of the request this evening merely got a long, somewhat complicated process going including notification to the post office and other affected property owners. The motion passed 6-0. RESOLUTIONS AND ORDINANCES 8a. Methodist Hospital Minor amendment: Time extension for Resolution 91-147 completion of landscaping Councilmember Haun said the neighborhood requested no landscaping exceed the height of the fence. He had visited the site and did not see a problem at this point. Mr. Polich said that as project manager for all construction at the hospital , he would make sure the wishes of Councilmember Haun and the neighborhood would be observed. It was moved by Councilmember Haun, seconded by Councilmember Meland, to adopt Resolution 91-147 entitled "A resolution rescinding Resolution 91-59 adopted on March 18, 1991 and granting special (conditional use) permit under Section 14-123.100(2) of the St. Louis Park ordinance code relating to zoning to allow a time extension for completion of the landscaping on the east side of the hospital at 6500 Excelsior Blvd." The motion passed 6-0. -109- City Council meeting minutes August 5, 1991 8b. Payment to School District #283 First reading of ordinance It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve first reading and set second reading for August 19, 1991 and authorize summary publication. Councilmember Mitchell asked when the attached letter to the Superintendent was scheduled to be mailed. The maker of the motion amended his motion to include the letter be sent the next day. Councilmember Mitchell asked that a phrase be added that the letter be shared with the School Board. The motion passed 6-0. 8c. Methodist Hospital bond issue Proposed amendment Resolution 91-148 Steven Martin, financial official from Methodist was present to answer questions. Councilmember Friedman was concerned if a full indemnification clause to protect the City was contained in the amendment. It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 91-148 entitled "Resolution relating to the acceptance 111 by the City of a third amendment to loan agreement to the City's Hospital Facilities Revenue Bonds (Methodist Hospital Project) Series 1985-A and Series 1985-B and a First Supplemental Loan Agreement to the City's Hospital Facilities Revenue Bonds (Methodist' Hospital Project) Series 1990-A, Series 1990-B and Series 1990-C." In answer to Councilmember Friedman's concerns, the City Attorney responded that since it isaconduit bond offering, the City' s liability is none, i .e. the City's full faith and credit is not pledged to the bonds. Councilmember Friedman was concerned that the City could be sued. He said he would be happy to support the motion with an amendment that the hold harmless, indemnity and provision for legal counsel/payment of fees in the event of suit extends to this change. It was noted that provision was contained in the resolution Council was to adopt. The motion passed 6-0. 8d. Airport noise abatement It was moved by Councilmember Resolution 91-149 Friedman, seconded by Councilmember Meland, to adopt Resolution 91-149 'entitled "A resolution calling for the inclusion of aircraft noise abatement measures as part of the state financial assistance package to Northwest Airlines." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. 1991 re-estimated budget Recommendation re adoption It was moved by Councilmember Meland, seconded by Councilmember Jacobs, -110- City Council meeting minutes August 5, 1991 to set first reading for August 19, 1991 and adoption for September 3, 1991 . ' Ill The motion passed 6-0. 9b. Public safety facilities update Police, Fire, Inspections Councilmember Haun asked how recently soil borings had been taken in the area of the tennis courts. Mr. Dixon said Council last week had asked him to determine if the City had a guarantee that the tennis courts site is o.k. There is no guarantee; what the City has is a report of the condition of the soils at the time soil borings were taken. Councilmember Haun felt an architect should be involved to the extent that either the building can be built or not built in a certain location. Councilmember Meland moved and Councilmember Haun seconded that the City select Option F, a one-story Police facility south of City Hall in the area of Carpenter Park tennis courts, that an architect be engaged to start out with soil borings and that a contribution from the special assessment fund be utilized for financing of the project. Councilmember Friedman asked why this special assessment fund is retained, why has it not been used for something else. III Mr. Dixon said under the Charter the sources of the fund are proceeds of improvement bonds, special assessments levied against benefitted properties for improvements financed by improvement bonds, appropriations from other City funds for the City' s share of the cost of the improvements or for construction cost advances. The uses for the fund are for costs of projects, payment of debt service on the bonds, adjustment of assessments for errors and transfer of unencumbered balances to the General Fund. Mr. Syverson noted that the debt service funds are funds that all bond issues have matured on. Councilmember Friedman stated that many cities around the country are in financial crisis. Fortunately, St. Louis Park appears to be in good financial shape; however, he had concerns that as time goes on whether or not the City might find itself in a precarious position due to continued Federal/State aid cutbacks, etc. He did not have a problem with the proposed project; he did have a problem trying to determine in recessionary times that the City sits with these monies in its cofers, not using them to offset anything, rather using them to build more facilities which will ultimately cost the taxpayers more money. He felt a referendum was the way to proceed so that the public can determine if they want to spend their money this way. He believed the public had virtually no information on this proposed project. Councilmember Jacobs was uncomfortable with the motion; however, he did support the need for a new facility. He wanted to see the selection of III an architect go through the bidding process. -111- City Council meeting minutes August 5, 1991 In response to a question from Councilmember Mitchell as to whether this project was in the budget, Mr. Dixon said there is $1 million in the 1991 budget to provide for start-up for this project. There is money for an architect to proceed this year; there is not money this fiscal year to build the project from start to finish. There was considerable discussion relative to the financing of the project. Councilmember Meland withdrew his motion. In answer to a question from Mayor Hanks, Police Chief Mitchell said the jail facilities (operations/communications level ) would be adjacent to the 2nd floor of City Hall ; Police administrative offices would be on the third level . On the question of financing, Mayor Hanks felt if the City went for referendum, someone is going to have to go out into the public and mount a campaign to sell this project to the community. He questioned whether a successful selling job could be done. • Councilmember Mitchell was cautious about expending those special assessment fund monies for this project and then get caught short-handed down the road having to increase taxes or go for bonding. . 111 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, the location of the new facility be one level south of City Hall approximately in the area of the tennis courts subject to findings of soil borings. The motion passed 4-2 (Councilmembers Friedman, Jacobs opposed) . It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to seek an architectural Request for Proposal . The motion passed 6-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to defer to August 19, 1991 further discussion on financing with an escape clause that if soil boring information cannot be provided by August 19, it be deferred to September 3, 1991 . The motion passed 6-0. 9c. City Attorney legal fees Mayor Hanks said that in talking with Wayne Popham, City Attorney, he would be happy to meet with Council to discuss the billing proposal) particularly Option 2. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to invite Mr. Popham to come to the August 12 budget study session. Councilmember Mitchell said he would like to see some historical background on legal fees, perhaps over the past 5-10 years. What he would like to see is an identification of what is generated, legal-wise, i .e. is 27% generated by the Council because they can't come to agreement and give it to the City Attorney; how much do departments generate. -112- City Council meeting minutes August 5, 1991 The City Attorney said that would not be a problem and such information will be provided to Council . III The motion passed 6-0. 9d. Neighborhood meeting Louisiana Ave. , Minnetonka Blvd. to Cedar Lake Rd. By consent, minutes ordered filed. 9e. Planning Commission minutes July 10 9f. Board of Zoning Appeals minutes June 27 Items 9e, 9f ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Meland to make the following appointments: Tim Moran to Human Rights Commission, Robert Young to Board of Zoning Appeals and Mary Cohen and Richard McGinley to the Housing Authority. Councilmember Mitchell was having a problem with the system of interview/app- 111 ointment. He felt a need to get closer to the interviewing process. Mayor Hanks said any and all Councilmembers were always welcome to come when interviews are held. Councilmember Friedman asked that resumes of those people most recently interviewed for openings be distributed to all Councilmembers. Perhaps after these appointments have been made, the process could be restructured as suggested by Councilmember Mitchell . It was moved to defer this item to September 3, 1991 . The motion passed 6-0. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to accept the resignations of Patricia Cummings (Human Rights Commission) and Art Summerfield (Cable TV Advisory Commission) . The motion passed 6-0. NEW BUSINESS lla. Raffle Jorgensen Trust/Teamsters It was moved by Councilmember Meland, seconded by Councilmember Jacobs, III to approve the request and waive 30-day waiting period. The motion passed 5-1 (Councilmember Friedman opposed) . -113- . City Council meeting minutes August 5, 1991 III llb. Holy Family Fall Festival Gambling license exemption, carnival and temporary 3.2 beer license. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve and waive 30-day waiting period. The motion passed 6-0. llc. Bid tabulation Street paving, random sidewalk repair, Resolution 91-150 etc. , Projects 90-33, 89-16, 86-02 Councilmember Friedman noted that the estimate came in about $130,000 over the engineer's estimate. He asked if re-bidding would accomplish anything. Mr. Grube responded the design and options would have to be re-evaluated probably with the removal of the retaining wall . Councilmember Friedman asked Mr. Grube if a redesign would be of value in terms of saving the $130,000 or a portion of it. Mr. Grube believed if the project were held over to 1992, there would be a higher base bid on other aspects of the project approaching the $130,000 disparity. III It was moved by Councilmember Friedman, seconded by Councilmember Meland, to adopt Resolution 91-150 entitled "Resolution accepting bid and authorizing execution of a contract for Improvement Project Nos. 90-33, 89-16 and 86-02; West 36th St. storm sewer and sanitary lift station." The motion passed 6-0. lld. Bid tabulation Bridge and approaches on Brookside/Yosemite Resolutions 91-151 , 91-152 over Minnehaha Creek It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 91-151 entitled "Resolution accepting bid and authorizing execution of a contract for Improvement Project 89-01 , reconstruction of the Brookside bridge and roadway approaches" and Resolution 91-152 entitled "Resolution indemnifying and holding harmless the State of Minnesota for actions arising from the granting of a variance on S.A.P. 163-280-16." The motion passed 6-0. MISCELLANEOUS 12a. Damage claims Chuck & Nancy Ostrom Levi (c/o Atty. Voss) III By consent, claims referred to City Clerk and City Manager -114- City Council meeting minutes August 5, 1991 12b. Communications from Mayor None. 12c. Communications from City Manager None. CLAIMS,. APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, approve verified claims pre- pared by the Director of Finance dated August 5, 1991 in the following amounts and authorize distribution of checks: Vendor claims: $873,262.52 and payroll claims $42,303.18. 13b. Contract payments 1 . Final D.D.C. Contracting, Inc. , reservoir Resolution 91-153 repair. Amount: $24,186.72 By consent, adopt Resolution 91-153 entitled "Resolution accepting work: Project 91-10, reservoir repair, and authorizing payment." 2. Partial payments J. P. Norex, watermain looping. Amount: $70,369.24 C. S. McCrossan, Louisiana Ave./Hwy. 7 reconstruction. Amount: $581 ,686.55 NewMech Co. , Inc. , Well 4 water treatment facility. Amount: $124,205.61 By consent, all partial claims approved and payment authorized. 14. Adjournment The meeting adjourned at 9:06 p.m. • /0 (A) ME-;•ite Mayor 51q/litfr) rcor ing Secrary -115-