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HomeMy WebLinkAbout1992/09/21 - ADMIN - Minutes - City Council - Regular unapproved 4a 111 MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 21, 1992 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations - None 3. Roll call The following Councilmembers were present: Jeff Jacobs, George Haun, Keith Meland, Larry Mitchell , Gail Dorfman and Lyle Hanks. Allen Friedman arrived during the course of the meeting.- Also present were the City Manager, City Attorney, Director of Public Works and Director of Community Development. 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, III to approve the minutes of the September 8, 1992 Council meeting. The motion passed 4-0-2 (Councilmembers Meland and Mitchell abstained) . 5. Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve th@nanA$a for September 21 . The motion passed 6-0. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to add llb. Cedar Lake Rd./Texas Ave. traffic signal The motion passed 6-0. PUBLIC HEARINGS 6a. Park Kwik Shop Application of John Rachel dba Park Qwik Shop for a license to sell 3.2 beer at 5555 W. Lake St. Mr. Rachel was present to answer questions. 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 Jacobs, to approve the license. -115- City Council meeting minutes Sept. 21 , 1992 Councilmember Dorfman noted for clarification that this is not a new license, III merely a change in an existing 3.2 beer license. The motion passed 6-0. 6b. Bridge across Minnehaha Creek Special permit for construction Resolution 92-142 There being no one wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue at a future date. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-142 entitled "A resolution granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to permit construction of a pedestrian bridge across Minnehaha Creek on the north side of W.---37th St. and the placement of 75 cu. yd. of fill in the floodplain for property zoned B-2, General Business; F-1 Floodway and F-2, Floodplain Districts locatged at 3600 Aquila Ave. So." The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES III 8a. Methodist Hospital Minor amendment to existing special Resolution 92-143 permit: Building addition Vic Polich, representing Methodist, was present to answer questions. He confirmed that testing the exhaust stacks would be carried out upon completion of the project. It was not anticipated there would be any negative effect on the neighborhood. It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-143 entitled "A resolution rescinding Resolution 92-87 adopted on June 15, 1992 and granting special permit under Section 14-123.100(2) of the St. Louis Park Ordinance Code relating to zoning to allow construction of the second floor unassigned space and mechanical roof pipe extension for the linear accelator expansion project at 6500 Excelsior Blvd." The motion passed 6-0. Councilmember Friedman arrived. 8b. Rainbow Foods Addition -of freezer area at store Resolution 92-144 at 8650 Hwy. 7 Dennis Crow, Rainbow Foods, briefly explained their request. Z It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-144 entitled "A resolution rescinding Resolution 87-210 adopted on DEcember 21 , 1987 and granting special permit under Section 14-195( 1 ) of the St. Louis Park Ordinance Code relating to zoning -116- City Council meeting minutes September 21 , 1992 to allow the construction of a 700 sq. ft. addition to the Rainbow Foods facility at 8900 Hwy. 7, 8906-50 Hwy. 7 and 8800 Hwy. 7." The motion passed 7-0. 8c. Deletion of Pawnbroker from Code First reading of ordinance deleting Pawnbroker section from Ordinance Code and not licensing pawnbrokers beyond Dec. 31 , 1993 It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to approve first reading, set second for Oct. 5, 1992 and authorize summary publication. The motion passed 7-0. It was the consensus that paragraph 2 of staff's report be included during second reading. . 8d. Revised 1992 budget It was moved by Councilmember Ordinance 92-1896 Haun, seconded by Councilmember Meland to adopt Ordinance No. 92-1896 entitled "Ordinance adopting the 1992 revised budget." The motion passed 7-0. 8e. Judges/polling places Nov. 3 Councilmember Dorfman said she Resolution 92- 145 has been assured that signage and escalator problems at the Knollwood polling place will be resolved. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-145 entitled "A resolution designating election judges and polling places for the Nov. 3, 1992 State General election. The motion passed 7-0. 8f. Water connection fee Second reading of ordinance re Ordinance 92-1894 State-mandated water connection fee It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Ordinance No. 92-1894 entitled "Ordinance amending the St. Louis Park Ordinance Code: Chapter 9, "Water Service" by adding Sec. 9-101 .101 , "State Service Connection Fee." The motion passed 7-0. 8g. Parking ramp licensure The City Manager explained that licensing of parking ramps would insure % that such facilities are inspected regularly for structural integrity. -117- City Council meeting minutes Sept. 21 , 1992 111 He said the risk consultant has suggested that the stall rate [liability ' ,', insurance be increased from $3500 to $5000 or $250,000 be increased to $500,000. This can be considered at second reading. Councilmember Friedman wondered what was the rationale for the City's concern if the operators keep car keys. His concern was the possibility of ancilary or secondary liability should this be required. He asked for the City Attorney's opinion on the City's potential liability. _, The City Manager responded the rationale was that the operator of a parking facility is taking on considerable responsibility when it assumes custody of keys for vehicles and the City is seeking assurance through that provision of the ordinance that there is sufficient protection -- almost like a bond -- as relates to the building owner or operator holding those keys. The Director of Public Works said none of the ramps in the City presently take keys. This provision was -in the ordinance in the event some future operator elects to hold keys. Councilmember Friedman couldn't understand why the City cares how these businesses are being run. He understood concerns about safety and welfare, but if someone sues a ramp operator, he failed to see why the City is getting involved. He felt the City' s only concern should be the structural integrity of the ramps. It was moved by Councilmember Friedman, seconded by Councilmember Meland that the section under discussion be deleted. Councilmember Meland said that since this was just first reading, perhaps further information could be gathered and deletion could be taken care of, if necessary, on October 5. Councilmember Friedman withdrew his motion which was agreeable to Council- member Meland. It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to approve first reading, set second for October 5 and authorize summary publication and do the necessary research to elicit the insurance risk consultant' s rationale for requiring the debated section. The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Nortel Cable Disclosure of costs related to provision of Midwest Sports Channel on cable tv Councilmember Jacobs felt Council should request the information from Nortel but give them the necessary protection they need to treat this as proprietary information. He wondered what the City would do with the information once it is received. -118- City Council meeting minutes Sept. 21 , 1992 Councilmember Friedman said in the future the City will possess the rationale Nortel had/didn't have at the time the channel was instituted and the City will know how to act accordingly even though the public will not have that information. Mayor Hanks was of the opinion that if the Council can get the information but can't share it, he didn't want to know it. He did not want to be responsible should that information get out. Councilmember Meland said he would like to have the information. Whether that information is proprietary under Minnesota Statutes probably remains to be litigated if someone wants to do it, specifically a newspaper. He felt the Council might want to request from the franchisee whether or not this could be shared with the Cable TV Advisory Commission. Councilmember Mitchell said the risk he perceived in getting the information based on this law is that the -City is going to have the information and people will expect it to be shared. He didn't see any gain to the Council -- receiving knowledge they can't share, run the risk of being accused of having shared. He preferred - to wait for a better issue rather than make something out of this issue. He viewed this as trouble. Councilmember Jacobs viewed the information as a kind of investment in future should it ever come to by-that Congress pass legislation allowing cities to set cable rates. Councilmember Meland believed that in other cities where cable systems negotiated with MSC to get their service, the service was offered as a premium channel to the subscribers in that area. In St. Louis Park, there was no choice -- subscribers were stuck with a $1 .50 increase whether they wanted MSC or not. If the Federal law passes, he thought that might be another aspect the Council would end up ruling on. He felt this might be another reason to request the information. Councilmember Friedman did not have a problem with waiting to get this information. It was important to him to be able to get it when it was asked for. He also suggested that any Council member who wanted the infor- mation could request it through the City Manager, either now or in the future. It was moved by Councilmember Friedman, seconded by Councilmember Meland, that the City Manager let the cable company know that any, member of the Council wishing the information on MSC be allowed to haveytend will sign a confidentiality statement. Councilmember Mitchell was concerned about a precedent that would obligate Council members to sign for such information. The City Manager referenced attorney Creighton' s letter wherein no reference was made to a formal agreement relative to sharing such information. It was his impression the attorney' s opinion was that a letter from the City Manager to Nortel to the effect the City is agreeing to hold the information confidential and that Council members who desire to see it -- have agreed with that requirement. -119- City Council meeting minutes Sept. 21 , 1992 Councilmember Friedman asked that the motion be per the City's Manager's III direction. The motion passed 5-2 (Mayor Hanks, Councilmember Mitchell opposed) . 9b. Proposed sidewalk construction Project 92-01 : Texas Ave. from Franklin Ave. to south frontage road of 1-394 It was moved by Councilmember Mitchell , seconded by Councilmember Meland, to terminate further consideration of proposed sidewalk construction. The motion passed 7-0. 9c. Air handling system: Fire Station 1 City Engineer's report Resolution 92-146 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 92-146 entitled "Resolution receiving City Engineer' s report, establishing Fire Station No. 1 - Improvement Project No. MB-92-05, accepting bid and approving contract for Project No. MB-92-05." The motion passed 7-0. 9d. Neighborhood Revitalization Commission By-laws It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to accept the By-laws as written. Councilmember Friedman referenced in the By-laws the duties of a standing committee relative to public relations, dealing with news sources, the media, cable company, etc. His concern was that allowing boards/commissions to handle their own media relations, publish newsletters, etc., Council was defeating its aim to coordinate what is being done in the community. He asked the City Manager to read a policy statement which Councilmember Friedman had requested relative to all boards/commission and including the Council and the dissemination of information. The City Manager read the draft policy. Councilmember Dorfman was concerned that boards/commission with an outreach function in the community be required to clear every bit of information through staff. Councilmember Friedman was more concerned with policy matters or implications. The motion passed 7-0. Mayor Hanks asked that the draft policy come back on October 5. 9f. Beltline Business Park Zoning matters It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to refer the matter to the Planning Commission. The motion passed 7-0. -120- City Council meeting minutes Sept. 21 , 1992 111 Councilmember Haun was concerned about the number of uses being talked about for this area and asked that this be looked at more closely. 9f. Permanent traffic signal Park Place Blvd./Gamble Drive . Resolution 92-147 . It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 92-147 entitled "Resolution accepting the City Engineer's report, establishing Project 90-49 and establishing a public hearing on Oct. 19, 1992." The motion passed 7-0. 9g. Housing Authority minutes Aug. 11 and 27 9h. Planning Commission minutes Sept. 2 9i . August 1992 financial report _ Items 9g-9i ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business lOb. Cedar Lake Rd./Texas Ave. Councilmember Mitchell said he had received a number of petitions pertaining to the temporary light at that location. He proposed a neighborhood meeting ,with the immediate neighborhood to advise them what is going on at this intersection. No motion required. NEW BUSINESS lla. Bid tabulation Optically activated traffic signal , Resolution 92-148 EVP systems "A" and "B" By consent, adopt Resolution 92-148 entitled "Resolution accepting bid and authorizing execution of a contract for Improvement Project No. 92-31 emergency vehicle pre-emption systems "A" and "B". MISCELLANEOUS 12a. Damage claims - None 12b. Communications from Mayor Mayor Hanks reported the School Board of District 283 had passed the Governance Agreement which would be coming back to Council on Oct. 5. The City Manager said it was passed with an amendment on the portion pertaining to liability of the sponsors and the language was consistent as recommended by the City Attorney. Mayor Hanks said the Board has asked to meet with the Council . -121- City Council meeting minutes SSept. 21 , 1992 Councilmember Meland asked what specific items were to be discussed. Mayor Hanks did not know for sure but he felt tax increment financing would undoubtedly be one item. Councilmember Meland suggested meeting with the Board an hour before their regularly scheduled meeting. Oct. 26 was decided upon and the City Manager to check with the Superintendent. Mayor Hanks reminded Council of the Council-Manager-Department Heads dinner and meeting on Wed. , Sept. 23 at the Holiday Inn and the Employee Recognition Banquet on Thursday, Sept. 24 at the KC Hall . 12c. Communications from the City Manager The City Manager reminded Council of the City Expo at Knollwood Mall on Oct. 2 and 3. CLAIMS, . APPROPRIATIONS, CONTRACT PAYMENTS 13. Verified claims By consent approve verified claims prepared by Dir. of Finance dated Sept. 21 , 1992 in the following amounts: Vendor claims: $215,585.58 and payroll claims $24,022.90. 14. Adjournment The meeting adjourned at 8:20 111 p.m. h414414r •ecor•ing ecre ar -122-