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HomeMy WebLinkAbout1991/09/03 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 3, 1991 1 . Call to order Mayor Lyle Hanks called the meeting to order at 7:30 p.m. 2. Presentations - None 3. Roll call The following members were present at roll call : Jeff Jacobs, George Haun, Allen Friedman, Larry Mitchell , Jane Tschida and Lyle Hanks. Also present wereCity Manager, City Attorney, Dir. of Finance, City Assessor and Dirs. of Public Works and Comnmity Develop. 3. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the joint City Council/School Board meeting minutes of August 14, 1991 . The motion passed 4-0-2 (Councilmembers Friedman, Tschida abstained) . It was moved by Councilmember Haun, seconded by Councilmember Tschida, to approve the minutes of the City Council meeting on August 19, 1991 . The motion passed 4-0-2 (Councilmembers Friedman and Jacobs abstained) . It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the special City Council meeting minutes of August 26, 1991 . The motion passed 5-0-1 (Councilmember Friedman abstained) . It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the August 26, 1991 study session. The motion passed 5-0-1 (Councilmember Friedman abstained) . 4. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda for September 3, 1991 . The motion passed 6-0. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve the agenda for Sept. 3, 1991 with the addition of llf. Shelard Pkwy./Ford Rd. and llg. City Council meeting Sept. 11 . The motion passed 6-0. PUBLIC HEARINGS 6a. Assessment hearing Project 90-31: Alley paving, 3100 block between Resolution 91-162 Georgia and Florida 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. -123- . City Council meeting minutes Sept. 3, 1991 _ Councilmember Haun out of chambers. III It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-162 entitled "Resolution adopting assessment improvement 90-31 : Alley paving, 3100 block between Georgia and Florida Avenues The motion passed 5-0. 6b. Assessment hearing Project 90-77, alley paving between Resolution 91-163 Utica Ave. So. and State Hwy. 100 north of W. 41st St. 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. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-163 entitled "Resolution adopting assessment improvement No. 90-77, alley paving: 2800 block between Colorado and Brunswick Avenues." The motion passed 5-0. - 6c. Assessment hearing Project 90-79: Alley paving between Resolution 91-164 Utica Ave. So. and State Hwy. 100 north of W. 41st St. There being no one wishing to speak, the Mayor closed the hearing with the III right of Council to thereafter reopen and continue it at a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Resolution 91-164 entitled "Resolution adopting assessment improvement No. 90-79, alley paving: Between Utica Ave. So. and State Hwy. 100 north of W. 41st St.": The motion passed 5-0. Councilmember Haun returned to chambers. 6d. Special permit: 2750 Yosemite To permit fill totalling over 400 Resolution 91-165 cu. yds. There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to adopt Resolution 91-165 entitled "A resolution granting special permit under Section 14-113 of the St. Louis Park ordinance code relating to zoning to permit fill totalling over 400 cu. yds for property zoned R-1 , single family residential district, located at 2750 Yosemite Ave." The motion passed 6-0. 6e. Vacation First reading of an ordinance vacating III a portion of W. 24th St. -124- City Council meeting minutes Sept. 3, 1991 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to approve first reading, set second for Sept. 16, 1991 and authorize summary publication. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS 7a. St. Louis Park Rotary Foundation Sculpture in Oak Park Jim Brimeyer, who was to make a presentation, had to leave the chambers to attend another meeting. It was Council 's consensus that he be invited to appear on a future agenda at his convenience. ' 1 RESOLUTIONS AND ORDINANCES a. Honeywell Resolution of denial : Request for 8,000 Resolution 91-166 sq. , ft. addition to store hazardous waste, 1625 Zarthan Ave. The Council heard addition comments from the following individuals, all opposed to the special permit request: Joel Herman, 1439 Dakota Ave. So.; Sheila Carlbom, 1610 Zarthan Ave. So. ; John Klock, 5801 Cedar Lake Rd. ; Gary Berscheid, 1604 Blackstone Ave. ; Carl Savaiano, 1601 Colorado Ave. So. ; Terry Kisling, Sr. , 1648 Blackstone; David Reineke, 1648 Zarthan Ave. ; Patrick Betz, Jr. ; Bill Rodriguez, 1660 Brunswick Ave. So. ; Tom Peterson, 6625 Eliot View Rd. In addition, Councilmember Friedman read a letter of opposition from Ron Anderson who was not able to be present. From Honeywell , speaking for the special permit, were Larry Rose and Todd Perry. Councilmember Friedman was bothered by a statement in Honeywell 's letter to the City which stated the addition will provide improved safety measures to protect human health and the environment. He felt if it were not safe now and needed improvement, he had real questions about what the City was being asked to do. He noted that in an effort to keep the City environmentally clean and safe, there might come a time when businesses might have to be restricted or denied. He indicated to the residents that this could mean shifting the burden of taxes onto the residents.- - - It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to adopt Resolution 91-166 entitled "A resolution of findings and conclusions regarding the application of Honeywell , Inc. for a special permit under Section 14-124. (2) of the St. Louis Park Ordinance Code relating to zoning to permit construction of an 8,000 sq. ft. addition to store hazardous waste for property located in the DOD, Diversified Development District, at 1625 Zarthan Ave." In addition, he asked that staff investigate the types of materials that are stored, from where the permits were obtained, who is supervising it and bring back that information to the Council . -125- City Council meeting minutes September 3, 1991 The Dir. of Community Development suggested the addition of letter m. to the resolution of denial : "The applicant has requested approvel of the III MPCA to increase the amount of flammable hazardous waste that can be stored on the site from 10 to 40 barrels and the amount of hazardous waste that can be stored from 60 to 120 barrels." Mayor Hanks noted Mr. Rose had made some corrections in the resolution before Council . Those corrections were briefly reviewed. Councilmember Mitchell asked what were Honeywell 's alternatives if they were not permitted to increase the storage area. Todd Perry responded that most likely alternative cleaners would not be able to be recycled on site necessitating more frequent truck travel to and from the site to removal waste materials. Councilmember Haun wanted to clarify his comments at the earlier meeting at which time he believed storage would be moved easterly away from the neighborhood; however, he was now concerned that the storage was to be significantly increased., '.(; L ,1 I WcP O c u„r l 11 Councilmember Jacobs said that although notpresent on Aug. 19, he had thoroughly reviewed the information and listened to the residents and representatives of Honeywell . He acknowledged that Honeywell was a good neighbor and a good Minnesota employer; however, the issue really is storage of hazardous waste within a residential neighborhood in St. Louis Park. He felt that was wrong. Once that is allowed, others take control and he was unwilling to allow the Federal or State EPA or anybody to be in control at this juncture III without more information as to why Honeywell is doing this and whether or not it really is going to increase or decrease safety. Mayor Hanks expressed his concerns for the neighborhood. He did believe investigation of the Honeywell premises fell in the purview of the EPA, staff having neither expertise or manpower to conduct such an investigation. On the flip side, he said Honeywell seemed to be doing everything possible to made the environment safer even to the extent of having the MPCA assist in the design of the facility. He said he would have a hard time denying the request were it not for the fact they were proposing to increase the amount of waste being stored. He felt the neighborhood should appoint some spokespersons to get together with Honeywell and see what can be worked out to everyone' s mutual satisfaction. He said the neighborhood concerns are not going to go away just because a resolution denying the facility is passed -- the hazardous waste is there now and will remain so. Councilmember Friedman said he had added the request for investigation because he believed keeping a community safe is a function of government. He was requesting staff use whatever appropriate sources they can to determine what is on the site. If in fact the building is not safe and the addition is going to make it safer, then what is there must be made safe or else the waste will have to be removed from the City, as far as he was concerned. The motion passed 6-0. III -126- 8b. Re-estimated 1991 budget Ordinance 1864-91 It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to adopt Ordinance No. 1864-91 entitled "An ordinance amending the 1991 budget as adopted by Ordinance 1845-90 and amended by Ordinance 1850-91 ." The motion passed 6-0. 8c. Cobblecrest Lake stormwater facility Project 90-27 Resolution 91-167 It was moved by Councilmember Tschida, seconded by Councilmember Jacobs, to adopt Resolution 91-167 entitled "Resolution approving plans and specifica- tions and authorizing advertisement for bids for Improvement No. 90-27." The motion passed 6-0. 8d. Park Nicollet Medical Foundation Resolution calling for public hearing under Municipal Industrial Development Act James Toscano, Executive Vice-president of the Foundation, wanted to make two points: What the Foundation is going to do with the financing has to do with trying to fulfill the agreement it has with the City from 1984 over a 10-year period bringing their south tower up to Code; secondly, this represents a culmination of over 22 years of negotiations with the organization holding the Foundation's mortgage, and it is basically a re-mort- gaging of the existing facility -- it has nothing to do with anything that is proposed or in process with the City through Mr. Trkla. Councilmember Friedman had concerns and felt the item could be deferred to receive answers and still meet the Foundation's publication date. It was moved by Councilmember Friedman, seconded by Councilmember Mitchell , to defer the item to Sept. 11 , 1991 . The motion passed 6-0. REPORTS FROM BOARDS, OFFICERS, COMMITTEES 9a. 32nd/Oregon pond City Engineer's report: Project Resolution 91-168 90-04 It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, to adopt Resolution 91-168 entitled "Resolution accepting City Engineer's report, establishing Project 90-04, ordering the improvement, approving plans and specs and authorizing advertisement for bids for Improvement 90-04." The motion passed 6-0. 9b. Void 9c. Methodist Hospital well pumping It was moved by Councilmember Mitchell , seconded by Councilmember Tschida, to direct staff to negotiate an agreement. The motion passed 6-0. -127- City Council meeting minutes Sept. 3, 1991 9d. Public Safety facilities update Councilmember Friedman moved that the City Council place the III question of a Public Safety building as a referendum to the public, not in terms of approving a bond issue but in approving construction and indicating there are funds available. The motion died for lack of a second. Councilmember Mitchell asked for clarification: it is to have a referendum -- not whether there ought to be a new police facility, but whether or not it ought to be bonded. police facility Councilmember Friedman said his motion was whether there should be a new/ and that there are adequate funds without bonding. The referendum would seek the public's approval of the construction of the facility. He referenced the closings of governmental facilities in the State and with the decrease in various Federal and State aids, he could not predict what the future would be for the City. He felt he couldn't tap into the funds the City has in reserve to construct this facility, albeit it necessary, without the approval of the public. Councilmember Tschida disagreed, feeling public safety is extremely important to the public. She said in the recent past at study sessions and Council meetings, all were in agreement that such a facility was badly needed. She felt the Council , elected by the public, should display the courageIII to take the bull by the horns and build the facility. She saw no need for refer- endum. It was moved by Councilmember Tschida, seconded by Councilmember Haun, to direct staff to proceed with the planning of a one-story Public Safety facility at the suggested location and that $3.5 million be transferred as a contribution from the special assessment bond fund and the balance of needed funds be taken from the 1991 Municipal Building Fund. Councilmember Jacobs agreed with parts of the motion and disagreed with other parts. He agreed that a new facility was needed and that it was not necessary to take it to referendum. He was concerned about putting it on the tennis courts site. He had concerns about the subsoil , about putting the facility in a separate building and also using valuable park land for a public facility when space exists on top of the City Hall garage which could accommodate it. If it could be attached to City Hall with a minimum of disruption for $3.5 million, he could not see the rationale for spending another $165,000 to build it on the tennis courts site. He asked whether that figure was accurate and what other potential problems could we run into on Carpenter Park. Ron Schaefer, Twin City Testing, gave a brief report on the results of the soil borings. He said the figures noted by Councilmember Jacobs were accurate. He said pilings driven into the bedrock would provide a highly stable foundation for the building. Councilmember Haun felt the groundwater situation was the main problem III on the tennis courts site. Mr. Schaefer said groundwater problems will be encountered and dealt with -128- City 'Council meeting minutes • Sept. 3, 1991 during construction. Following construction, there should not be any problem with groundwater as far as the building is concerned. He noted that there might be problems with the -pavements surround-a-ng the building due to -frost action taking place with the groundwater so close to the surface.- Councilmember Jacobs said he would prefer if the various items in the motion were split up. Mayor Hanks said that on Aug. 5 the vote to build the facility passed. Staff was then directed to have soil borings in the park with that site being approved subject to the result of the soil borings. The City Manager said the suggestion to split the issues, the financing from the location, could work if the estimated cost for over the garage is no greater than the $4.4 million for the tennis courts arrangement. If the figure over the garage is more, he would think the Council would be wise to defer action on financing until location is finalized. Mr. Larson said the cost to go over the garage for the Police facility was lower than the cost for a stand-alone Police facility in Carpenter Park. Councilmember Mitchell felt the financing was the key question. A fund of $4.4 million is available, and he would like to hear comments from staff of the implications of that. Let's take it out 3, 4, 5 years: it is a reserve we could use in case of a shortfall . What are the alternatives? He would like some assurance that we won't be looking back 3, 4, 5 years from now to discover that if those funds had not been used to construct the Public Safety facility, they would be available to cover the then-current situation. The City Manager reminded the Council of the three alternatives presented by staff: (1 ) sale of General Obligation building bonds (does not require referendum under the City Charter; (2) loan from the Special Assessment Bond fund; (3) contribution from the Special Assessment Bond Fund. He asked Director of Finance to briefly discuss the status of the Special Assessment Debt Service Fund Mr. Syverson said there are two Special Assessment Debt Service funds, one of which is available at the Council ' s discretion whether it remain unused, or used as a loan for construction or as a direct contribution for construction. It has approximately $4.2 million. The budget indicates use of $3.5 of that $4.2 million. In addition a second fund will mature in 1993, consisting of approximately $5.1-$5.2 million. Councilmember Friedman recalled that in 1987 during the budget process taxes were increased to offset a predicted shortfall from State Aid. The City Manager said that was correct and in setting levies for subsequent years, the Council has looked not just at the year immediately ahead but has had staff to projections on future years. Mr. Syverson said the 198?process did increase the base for subsequent years' levies. Councilmember Friedman asked why the Council was never apprised of the existence of the Special Assessment Debt Service Funds. -129- City Council meeting minutes Sept. 3, 1991 Mr. Syverson said this was not brought to Council ' s attention until this year. Councilmember Tschida withdrew her motion. It was moved by Councilmember Tschida that the funding come from a contribution from the Special Assessment fund and the balance from the Municipal Building Fund with a cap of $4.4 million. Councilmember Jacobs seconded. Mayor Hanks had a problem in that the police facilitt �a,pof costing $4.4 million - this is for the whole public safety facilityl ' a"shed that Council get a figure for the police facility and then the revamping of City Hall for fire/inspections can be budgeted. Councilmember Mitchell was concerned that the figures look awfully close the Minnetonka' s facility, referred. as the Taj Mahal . He agreed with the funding proposal , but felt a $3.Tfcto in the be appropriate. The motion failed 3-3 (Jacobs, Haun, Tschida in favor; Friedman, Mitchell , Hanks opposed) . It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to approve funding from the Special Assessment Debt Service fund with a cap of $3.5 million for the police facility and modifications to City Hall for other departments. 111 In answer to a question from the Mayor, the City Manager said the Request for Proposal is for the total package (police facility/City Hall modifications) but the bidding on the project would be split for the police facility and subsequently the other improvements. The motion passed 5-1 (Councilmember Friedman opposed) . 9e. Board of Zoning Appeals minutes July 25 Minutes ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Councilmember Jacobs, seconded by Councilmember Tschida, to make the following appointments: Tim Moran to Human Rights Commission; Robert Young to the Board of Zoning Appeals Mary Cohen and Richard McGinley to the Housing Authority The motion passed 5-0-1 (Councilmember Mitchell abstained) . Regarding the procedure for interviewing for boards and commissions, Mayor Hanks said that in 1987 it was specified the Mayor and two At-large Council- members would conduct the interviews. He believed the resolution did not clearly indicate the wishes of Council was that all Councilmembers were to be notified of interviews and were welcome to attend and thereafter vote on the nominations. -130- City Council meeting minutes Sept. 3, 1991 Councilmember Mitchell asked that the resolution be changed to indicate all Councilmembers are welcome to attend all interviews. It was the consensus that staff bring to the Sept. 16, 1991 meeting a new resolution reflecting that change. 10b. Name change Vernon Ave. to Park Place Blvd. It was moved by Councilmember Friedman, seconded by Councilmember Haun, to approve first reading, set second for Sept. 16, 1991 . The motion passed 6-0. Councilmember Jacobs asked is it going to cost the City to get the directional signs on 1-394 changed since they currently read "Xenia-Vernon Ave." The -Director of Public Works said in his opinion MnDOT bears that responsibility. Mayor Hanks asked that that be checked out prior to Sept. 16. NEW BUSINESS lla. B'Nai Brith Women Request for license to conduct bingo It was moved by Councilmember Friedman, seconded by Councilmember Tschida, to approve and waive the 30-day waiting period. The motion passed 6-0. llb. Annual Congress of Cities Voting delegates Resolution 91-169 Mayor Hanks said he would be attending, and that perhaps Councilmember Meland would be attending. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to adopt Resolution 91-169 entitled "A resolution designating voting and alternative voting delegates to Annual Congress of Cities, Dec. 12-16, 1991 ." llc. Bid tabulation Purchase of six trucks By consent accept recommendation in staff's report: Authorize execution of contracts with equipment vendors as follows: 1 i-ton pickup (Superior Ford, $10,398) ; 1 i-ton pickup (Midway Ford, $11 ,149) ; 1 i-ton Supercab pickup (Superior Ford, $14,257) ; 1 1-ton cab/chassis (Midway Ford, $12,952) ; 2 1-ton 4x4 trucks (Midway Ford, $34,880) . 11d. Bid tab Cleaning, repairing, painting of under- Resolution 91-170 ground storage reservoir: 2012 Flag Ave. By consent, adopt Resolution 91-170 entitled "Resolution accepting bid and approving contract for improvement Project No. 89-30, Flag Ave. water reservoir reconditioning." -131- • City Council meeting minutes Sept. 3, 1991 lle. Bid tabulation Cleaning, repairing, painting of Resolution 91-171 elevated water tower: W. 34th/Wyoming By consent, adopt resolution 91-171 entitled "Resolution accepting bid and approving contract for improvement Project 91-09, reconditioning of the W. 34th St./Wyoming Ave. water tower." llf. Shelard Pkwy./Ford Rd. Councilnieinber Mitchell said he had an inquiry from a resident in that area about a traffic light at that intersection. He understood it would not be possible until next year. A suggestion for an alternative was to move the stop sign on Shelard Pkwy. to Ford Rd. He asked for staff comment for/against that alterna- tive and whether or not it is possible. MISCELLANEOUS 12a. Damage claims - None 12b. Communications from Mayor None. 12c. Communications from City Manager None. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims Approved by consent in the following amounts: Vendor claims: $753,753.17; payroll claims: $35,066.58. 13b. Contract payments - Partial By consent, approve and authorize payment to the following: 1 . Alber Construction, street paving/random curb & gutter repair. Amount: $62,479.05. 2. NewMech Companies, Inc. , Well #4 water treatment facility. Amount: $190,006.79 and $10,000 to North Star State Bank. 3. J. P. Norex, watermain repair. Amount: $92,073.57. 4. C. S. McCrossan (TH 7/Wooddale Ave. ) , stormsewer, grading, paving, curb/ gutter. Amount: $137,160.79. 5. C. S. McCrossan (TH 7/Louisiana Ave. ) , intersection improvements. Amount: $294,860.18. 14. Adjournment The meeting adjourned at 10:00 p.m. // LL) Lyle W. Hanks, Mayor ' Svth cording Secretary -132-