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HomeMy WebLinkAbout1991/09/16 - ADMIN - Minutes - City Council - Regular . / IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 16, 1991 l - . Call to order The meeting was called to order by Mayor Lyle Hanks at 7:30 p.m. 2. Presentations Mayor Hanks and Director of Parks and Recreation presented certificates of apprecia- tion to the Park and Recreation's summer teen volunteers. 3. Roll Call The following Councilmembers were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Jane Tschida and Lyle Hanks. (Councilmember Larry Mitchell arrived at 8:00 p.m. ) . Also present were the City Manager, City Attorney, Director of Public Works, Director of Community Development, City Assessor, Director of Parks and Recreation and Personnel Officer. III 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to approve the minutes of the Sept. 3, 1991 meeting with the following correction: pg. 125 second to last paragraph: change "bothered" to "concerned." Also, place period after "denied." The final sentence to read: "He indicated to the residents that this could mean shifting the burden of taxes onto the residents." The motion passed 6-0. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the Sept. 11 , 1991 meeting. The motion passed 6-0. 5. Approval of agenda It was moved by Councilmember Tschida, seconded by Councilmember Meland, to approve the consent agenda for Sept. 16, 1991 . The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to approve the agenda for Sept. 16, 1991 . The motion passed 6-0. PUBLIC HEARINGS III 6a. Hopkins entrance sign Special permit to allow an entrance sign Resolution 91-173 to the City of Hopkins on the northeast corner of parcel at 8401 Hwy. 7 There being no one wishing to speak, the Mayor closed the hearing with the right -133- City Council meeting minutes Sept. 16, 1991 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 91-173 entitled "A resolution rescinding Resolution No. 6140 adopted on Oct. 4, 1978 and granting special permit under Sections 14-185.03(3) and 14-156(17) of the St. Louis Park Ordinance Code relating to zoning to allow off-street parking and a public sign on the northeast corner of the parcel at 8401 Highway 7." The motion passed 7-0. 6b. Vacation Portion of utility easement: 8332 Hwy. 7 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future date. It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve first reading, set second for October 7, 1991 and authorize summary publication. It was noted this project could be moved along prior to second/final reading on October 7. 1991 . The motion passed 7-0. 6c. Assessment hearing Prcject 88-23, sidewalk/trail construction, Resolution 91-174 south side of W. 36th St. west of Texas Ave. 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. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Vacation Second reading of an ordinance vacating Ordinance No. 1865-91 a portion of W. 24th St. It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 1865-91 entitled "An ordinance vacating public street: Portion of W. 24th St. lying westerly of the east right-of-way line of Decatur Ave. extended northerly." The motion passed 7-0. 8b. Audit: City records Post audit of City's 1991 financial records Resolution 91-175 It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt -134- City Council meeting minutes Sept. 16, 1991 111 Resolution 91-175 entitled "Resolution providing for the employment of George M. Hansen Company to audit the accounts and record of the City for 1991 fiscal year." The motion passed 7-0. 8c. Vernon Ave. name change Second reading of ordinance changing Ordinance 1866-91 name of Vernon Ave. to Park Place Blvd. The City Manager said information had been received that day relative to the costs of changing signage on 1-394. He said MnDOT states it does not have a policy on the cost for sign changes; however, a similar request from Minneapolis was received and the burden of costs were said to fall to Minneapolis. Council was being asked to defer this matter for further research. Councilmember Friedman asked the City Attorney if second reading could be approved subject to certain restrictions. The City Attorney responded the Council could do that. Councilmember Friedman referenced a newspaper article wherein MnDOT has spent some $1 million in publicity to announce that I-394 is open when businesses in St. Louis Park are closing down, are inaccessible and floundering because of the construction. He felt the area deserved relief from what MnDOT has caused IIIand he moved to adopt Ordinance 1866-91 subject to making sure that the City does not have to pay the $100,000 in sign changes but that the State will pay those costs. Councilmember Meland seconded. Councilmember Mitchell asked how many signs were involved; Mr. Dixon responded MnDOT had said 13. Councilmember Haun asked that the $100,000 figure be fully researched as he couldn't buy that figure. Councilmember Mitchell agreed and wondered if a defferal was not the way to proceed. Councilmember Friedman could see the never-ending delay of bureaucracy coming into play and the situation never getting off dead center. He called the question. The motion to call the question passed 7-0. The motion to adopt the ordinance passed 4-3 (Haun, Friedman, Tschida in favor;p Jacobs, Mitchell , Hanks opposed) . 8d. Election judges/polls Resolution designating Resolution 91-176 111 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-176 entitled "A resolution designating election judges and polling places for City general election Nov. 5, 1991 ." The motion passed 7-0. -135- City Council meeting minutes Sept. 16, 1991 8d. Purchase of right of way Yosemite Ave./Brookside Ave. III Resolution 91-177 The City Manager noted a new resolution before Council which corrected an error in the legal description. It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 91-177 entitled "Resolution authorizing purchase of lands for right of way for the reconstruction of the Brookside Bridge, Project 89-01 ." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Public Works cost estimating Review and report Councilmember Friedman noted a number of discrepancies of significant amounts between the estimate and bid cost. He sought an explanation. He acknowledged that estimating is a tough job, but he encouraged further refinement of the process. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to receive the report for filing. 9b. Reilly Contract extension for laboratory services It was moved by Councilmember Meland, seconded by Councilmember Tschida, to authorize extension of the contract. The motion passed 7-0. 9c. Variance appeal Luverne Steffel , 3380 Texas Mr. Steffel was present. He said he wished to put an addition on an existing garage. The garage was at the very rear of his property and not visible from Texas Ave. He only wanted to increase it by 178 feet to be used for storage. He commented there was no objection from his neighbors who offered to accompany him this evening to support his request. Councilmember Meland had 2 questions: If the garage were built at 1 ,000 sq. ft. ,- would it require a variance? Do the_ garage and existing house exceed the -ratio of building to land? -- - - "_v _ _ -_ The Director of Community Development responded no to both questions. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to authorize preparation of a resolution of approval to come back to the Oct. 7, 1991 meeting. The motion passed 6-1 (Mayor Hanks opposed) . Mayor Hanks was concerned a precedence was being set. III 9d. Proposed zoning ordinance Set date for public hearing and first reading of ordinance -136- City Council meeting minutes Sept. 16, 1991 111 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to set the public hearing for Oct. 23, 1991 . Councilmember Friedman wondered if the comments raised by residents at the Aug. 6 public hearing had been brought back to the Planning Commission before the changes were made. Mr. Hagen said they were not. Councilmember Friedman felt that since the Planning Commission had spent the majority of time on the zoning ordinance, they were entitled to see those revisions/changes and have an opportunity to agree or disagree with the revisions/changes. Councilmember Friedman felt time would be saved if the Attorney had time to review the changes between now , and the public hearing so the matter isn't bounced back and forth. It was moved by Councilmember Friedman, seconded by Councilmember Meland that the zoning ordinance be referred to the Planning Commission and then brought back to the Council for recommendations. Councilmember Mitchell would like to see some of the revisions/changes looked at more fully at a study session. The motion passed 6-1 (Councilmember Tschida opposed) . It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to set a public hearing for Oct. 23, 1991 and place the item on the Oct. 14 study session. The motion passed 7-0. 9e. Public Safety facilities Project update It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to select the west wide of City Hall above the garage for the facility. Councilmember Mitchell was concerned that full research of the two preliminary estimates was too shallow. He wanted some assurance that the two estimates were close and accurate and not end up being half a million apart. Councilmember Haun preferred the tennis court site as did Councilmember Mitchell . He wanted to see whatever was built to be done right. He felt hard-core figures were needed so this project could get off the ground. Mayor Hanks felt there was a major problem in that there isn't an architect for the project. He wasn't willing to approve an expenditure for an architect to provide design for two sites. Councilmember Haun noted an architect would not be paid to provide cost estimates. Councilmember Jacobs was more concerned about the figures not visible -137- City Council meeting minutes September 16, 1991 at this point, i .e. the possibility of groundwater pollution at the tennis court site as discovered by Twin Cities Testing. He didn't know if it was there or not, but was not that willing to find out. Councilmember Tschida felt the bottom line is not to save a few dollars at this juncture and later down the line wish the Council had done something else. She preferred the tennis court site, but would like to reserve judgment until estimates are in. Councilmember Friedman said he agreed and certainly wanted to see a proper facility built; however, he thought the money already paid out to the consultant was to give the Council an idea of how we were going to proceed. Now, it seemed to him that all was to be thrown out, forget the $600,000 difference and build it on the tennis court site. He said Twin City Testing said there was a "potential" for contamination. Two other sites in the City have had contamination problems, resulting in bad publicity and enormous costs. He didn't think the community should take the chance of spending $600,000 and putting City employees in a potentially dangerous work situation. Councilmember Haun noted that City Hall sits atop the same groundwater as the tennis courts do. Councilmember Mitchell asked, after a site is chosen, what would be the next step. The City Manager responded six Requests for Proposal have been received and it was likely the Council would have a recommendation in October. He sug- gested two ways to accomplish what Councilmember Mitchell asked: One would be to make a site decision and then hire an architect with the understanding there would be an early cost estimate from the architect. Based on what Boarman and Assoc. has already done, it might be possible to explore a special project assignment for Boarman to zero in on both sites, but not tip Council ' s hand that they are to do final design but requesting them to do a scope of services reviewing the two alternatives and then give Council the best cost figures for both sites. This would provide information without committing to a site and without committing to a design firm. Mayor Hanks favored a single story facility. He felt there must have been some comment in Boarman's report relative to groundwater. He was very concerned about access/ egress from a Police facility right on the hill should it be on top of the garage. Councilmember Friedman saw the bottom line as no one being able to prove that it' s going to save $600,000 and the potential of contamination if a one-story is constructed. He said there were no figures to justify either proposal . Councilmember Jacobs felt the Police Department deserved the best facility the City could afford. He felt the City should indicate to the architects what the Council wants, where it is to be constructed, take the lowest bid and build it. He was opposed to setting a cap on construction -- somehow that cap is always met. Councilmember Haun wondered if there were any way Twin City Testing could be more specific about a "potential" contamination. -138- City Council meeting minutes Sept. 16, 1991 The Director of Public Works said Twin City Testing did have the means and wherewithall to be able to test the subgrade soils for contamination. Councilmember Mitchell was not comfortable with the information currently before Council . He noted the Council was not really in a time crunch because construction can't start before Spring. He didn't want to see the Council rushing into a decision just to make a decision. Councilmember Jacobs withdrew his motion. He continued to be concerned about the cost of building on the tennis court site noting that the tennis courts themselves would have to be reconstructed. Mayor Hanks asked what a review of the Boarman proposal (what it includes, the original figures they proposed) would cost the City. The City Manager briefly reviewed the Boarman study which was before Council . Councilmember Tschida wondered if contamination were found on the site, wouldn't the City want to clean it up whether they built on it or not. The Director said no because the material that was uncovered was not definitive relative to a problem. Material uncovered included glass. At this point, the findings have not caused a substantial concern which would necessitate any reporting or future analysis. l'layor Hanks asked if Council was interested in interviewing perhaps the final three architectural firms after staff has reviewed. Councilmember Mitchell said the main thing is the cost for both potential facilities. He wondered if the firms competing would pursue identifying costs better than what have been done so far. He said an architect doesn't really care at which location the facility is built -- the bid is on per square foot. He felt the way to proceed was not to pick a site; rather select an architect and deal with the architect on which site is preferable. Councilmember Jacobs withdrew his motion. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, that the final six architects be brought before Council for a 10-minute presentation each along with representatives from the Police and Engineering Departments and make a choice. Councilmember Mitchell didn't see that a whole lot was gained by interviewing architects. Perhaps staff could narrow the presenters down to three. Councilmember Haun said if an hour and a half or so can't be devoted to architectural presentations, then the project shouldn't be done. 111 The motion passed 5-2 (Councilmember Tschida and Mayor Hanks opposed) . -139- City Council meeting minutes -Sept. 1-5, 1991 9f. Stormwater holding facility W. 24th St. and Webster Ave. The City Manager gave a brief background report on this project. 111 The following individuals spoke (pro/con) on this proposed project: Arlene Corwin, 5612 W. 25i St. (con) ; Bill Semple, Park Ridge Apts. , 2480 So. Hwy. 100 (pro - ongoing flooding of apartment parking lot) ; Dale Hanson, 2555 Xenwood Ave. (pro - fix the storm sewer) ; Ken Dubbe, 2550 Webster (pro, but also clean out ditch and recontour the driving aprons to improve drainage) ; Vern Lutz, Win Stephens Companies (agreed with Mr. Semple) ; Page Applebaum, 5836 W. 25i St. (against holding pond); Jeff Corwin, 25i St. (against anything that would disturb wetlands) ; Ed Eggermeir, Sandoz Nutrition (will withdraw their support for a stormwater holding facility if opposed by any of the neighborhood residents/bus- inesses) . Councilmember Friedman said he had talked with the business people and representa- tives of the neighborhood. He believed that first a small step could be taken, see what happens and proceed accordingly. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to direct staff to make the necessary sewer pipe repairs and clean out the drainage ditch, taking into concerns of the businesses if that can be worked out and would be a separate item. The motion passed 7-0. 9g. City Attorney legal fees III It was moved by Councilmember Mitchell , seconded by Councilmember Haun, to place this item on an upcoming study session. The motion passed 6-1 (Mayor Hanks opposed) . 9h. Traffic study No. 449 Traffic controls: Ford Rd. at Shelard Resolution 91-178 Pkwy. It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to adopt Resolution 91-178 entitled "Resolution authorizing stop sign placement at the northbound Ford Rd. approach to Shelard Pkwy." The motion passed 7-0. 9i . Planning Commission minutes August 21 9j. Board of Zoning Appeals minutes August 22 9k. Park and Recreation Commission minutes August 14 • 91 August 1991 financial report Items 9i-91 ordered filed by consent. III -140- City Council meeting minutes Sept. 16, 1991 UNFINISHED BUSINESS 10a. Boards and commissions Resolution 91-179 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-179 entitled "Resolution dealing with City policy on appointments to boards and commissions and rescinding Resolution No. 87-151 ." The motion passed 7-0. Fire Civil Service Commission - It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell to set the following expiration terms: Seat A, Octg. 1, 1991 ; Seat B, Oct. 1 , 1992. The motion passed 7-0. NEW BUSINESS lla. Bid tab One hydraulic 16' rotary mower By consent, motion to authorize execution of a contract with MTI Distributing Co. at a cost of $43,775. IIIllb. Bid tab One truck-mounted flusher By consent, authorize execution of a purchase order with Ruffridge-Johnson Equipment Co. at a cost of $23,354. MISCELLANEOUS 12a. Damage claims Kerri Newmark By consent, claim referred to City Manager and City Clerk. 12b. Communications from Mayor None. 12c. Communications from City Manager Dates for upcoming study sessions were discussed CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims was approved in the following amounts: Vendor claims: $242,406.38 and payroll claims: $32,708.05. 14. Adjournment The meeting adjourned at 10:28 p.m. /i (4) /9‘tivz_ Ly : 'anks, Mayor 41111 / a/11(_4-4\ 'ecording Secretary -141-