Loading...
HomeMy WebLinkAbout1993/12/06 - ADMIN - Minutes - City Council - Regular 4a MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 6, 1993 1 . Call to order The meeting was called to order by Mayor Lyle Hanks at 7 :30 p.m. 2 . Presentations - None 3 . Roll call The following Councilmembers were present at roll call : Jeff Jacobs , Allen Friedman, Keith Meland, and Lyle Hanks . Gail Dorfman arrived at 7 :35 p.m. Also present were the City Manager (Mr . Meyer) , Deputy City Attorney (Ms . Pace) , Director of Community Development (Mr . Hagen) , Director of Public Works (Mr. Grube) , Asst . to the City Manager (Mr . Larson) , Director of Finance (Mrs . McBride) , Personnel Officer (Mr. Wysopal) , Fire Chief (Mr . Gill) and Inspections Division Head (Mr. Petersen) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the minutes of the Nov. 8, 1993 study session. The motion passed 4-0 . It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to approve the minutes of the Nov . 15 City Council meeting. The motion passed 4-0 . Councilmember Dorfman arrived. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to receive the minutes of the Truth in Taxation hearing for filing. The motion passed 5-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the consent agenda. The motion passed 5-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for the meeting. The motion passed 5-0 . 162 City Council meeting minutes Dec. 6, 1993 PUBLIC HEARINGS 6a. Amendment to Zoning Ordinance Permit theater and restaur- ant signage to be equal to retail establishments Joanne Murphy asked what this amendment meant . Mr . Hagen explained that the current ordinance allows 7% of a retail estab- lishment ' s building face to be covered by signs . This amendment would allow a building with mixed uses to have similar exterior signage. 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 Meland, seconded by Councilmember Jacobs, to approve first reading (alternative #3) , set second reading for Dec. 20, 1993 and authorize summary publication. The motion passed 5-0 . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Roller Garden Communication related to license fee Mr . Meyer said a petition had been received from the Roller Garden' s attorney requesting a reduction in the yearly licensing fee from $1500 to $150 . Due to past problems at the rink, Mr. Meyer said he would not recommend such a decrease to the City Council . However, because of improved conditions at the rink, it was suggested to keep the fee the same, with a rebate at the end of the year if conditions remained improved. Councilmember Dorfman had a concern that the same criteria be used when establishing license fees . She noted other establishments in the City calling the Police for assistance do not experience increased license fees. She was aware that because of the problems previously encountered by the Roller Garden, Mr. Sahly hired off-duty police officers. Mr. Sahly addressed Council to update them on conditions at the Roller Garden. He also questioned how many police calls he was allowed because it was his impression that every time the police came to the premises, whether called by him or not, it resulted in a mark against the property. Councilmember Dorfman said as a Councilmember she did not want to review the crime report at the Roller Garden each December and decide if they deserve a refund and how much . She thought a precedent might be set for other establishments coming in to seek a refund based on reduced police calls . 163 City Council meeting minutes Dec. 6, 1993 Councilmember Jacobs asked where the suggestion in staff ' s report to reduce the fee to $500 came from. Mr . Meyer said that was intended to be consistent with the suggested rebate of 2/3 of the $1500 fee . Since there is no way to measure the cost of additional police services that are necessary, this reduction would be an indication of improvement at the premises. Councilmember Jacobs said if the fee is high, that should be addressed. Also, tying a $1000 rebate to requiring the owner to use it for maintenance and beautification potentially creates a precedent as well and he didn' t want to deal with that every year. Councilmember Friedman acknowledged that the Roller Garden did have a problem in the recent past, but that Mr. Sahly has done a good job turning that around. He also was in agreement with Councilmember Dorfman' s comments. He wanted to further review the matter and didn ' t feel if a patrol car stops at the Roller Garden, it should be a call against him. He would like to see staff come up with a figure that is reasonable given the improved conditions at the Roller Garden . It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to defer the item to December 20 based on Councilmember Friedman' s suggestion. Councilmember Dorfman also wanted any late penalty be waived until a decision is made. The motion passed 5-0 . RESOLUTIONS AND ORDINANCES Ba. Water & sewer rates Ordinance 93-1936 Mayor Hanks said problems with water, water quality and related items were a large topic of concern at the recent National League of Cities conference he attended. So, St . Louis Park is not alone in its concerns. Council remained concerned that this increase, to some extent, reflects subsidy to outer ring communities ' sewer- system construction. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 93-1936 entitled "Ordinance adjusting the 1994 water and sewer rates . " Councilmember Friedman asked for a separation of the issues. 111 It was moved by Councilmember Jacobs, seconded by Councilmember 164 City Council meeting minutes Dec. 6, 1993 Dorfman, to adopt that portion of the ordinance adjusting water rates . The motion passed 5-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt that portion of the ordinance adjusting sewer rates . Councilmember Friedman reiterated his statement of a year ago, i . e . there is no way the sewage from St . Louis Park will be prevented flowing to the disposal plant . The valves will not be shut off because the City doesn ' t pay . He would not mind getting into a legal battle with the MWCC. He felt it wasn' t right to continually back down and just give into these groups. Councilmember Jacobs , in response to Councilmember Friedman ' s comments, did not want the City to, spend money on a legal battle they can' t win. He felt the actions of the MWCC outrageous, but a legal battle was not the way to proceed. Councilmember Friedman' s position was that the City did not have to spend any money. Action would have to be taken on the MWCC' s part to do something. Maybe not paying their fee was a way to get metropolitan boards and commissions to listen to the cities . Mayor Hanks preferred to send the MWCC a letter stating the City does not intend to pay the increase for 1994 . Councilmember Friedman offered a substitute motion, to escrow the funds and unless it comes back to the Council for payment , it does not get paid and the letter can then be sent . He wanted a commitment from the Council that it won' t be paid if it is to be levied. Councilmember Dorfman was in agreement with Councilmember Friedman; however, she did not believe it was a battle the Council should fight, that it was a State legislative issue and she believed that is where it should be fought . Councilmember Friedman did not see that any costs would be incurred until a body starts an action against the city at which point the Council could make a decision. Councilmember Jacobs accepted Councilmember Friedman' s comments as a substitute motion. Councilmember Dorfman removed her second as she was not comfortable with the substitute motion. Councilmember Meland felt a letter to the League of Cities would also be appropriate. 165 City Council meeting minutes Dec. 6, 1993 The motion passed 4-1 (Councilmember Dorfman opposed) . Councilmember Friedman asked that the City Manager check other communities to assess their reaction to the rate increase . 8b. 1994 compensation plan Resolution 93-1936 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 -1936 entitled "A resolution revising the position classification and compensation plan and amending Resolution No. 92-200 effective January 1, 1994 . " The motion passed 5-0 . 8c. Fire Department reorganization Resolution 93-192 Mr. ' Meyer briefly reviewed the report, noting it was a result of the study done of the Fire Department earlier this year. Council was being asked ' tonight to approve the reorganization. Bill Bassett, 1821 Hillsboro Ave. and Mike Stockstead, City Fire- fighter, addressed Council . In response to some of the comments made, Mr. Meyer said that in terms of cost, it is clearly the intent to make any cost changes within the current cost structure of the department and no intent to increase costs . Some items are subjected to collective bargaining negotiations, and staff can ' t exactly estimate the cost until completion of those negotiations . Also, when the consultant conducted the study, they had interviews with every firefighter and the study results reflect a broad-based input . Councilmember Friedman addressed concerns expressed about raising taxes. He noted the tax levy has not increased. He said over the years he has frequently visited the fire stations and met with firefighters as well as with other staff in other departments . He did not feel it was a fair statement that Council does not know what is going on in the City and only listens to staff . He said he was a proponent of department studies being conducted by outside consultants because of their neutrality and that every recommendation of every study conducted was not necessarily implemented. Councilmember Dorfman said that the study was not staff directed, but Council directed. She said upon completion of the report , there were a number of meetings with the Council, many questions discussed and the consultant very responsive to the concerns of Council . Contrary to what Mr. Stockstead intimated, she said the Council was not pro-union or con-union and that the consultant made recommendations that met the criteria Council asked the management study to follow. 166 City Council meeting minutes Dec. 6, 1993 Councilmember Jacobs asked what effect recission of Resolution 87-91 would have. 111 Ms . Pace said to the extent any inconsistency existed, the resolution before Council this evening would prevail . Because of ongoing litigation, she felt it inappropriate to go into further detail . Mayor Hanks commented that the reason for the reorganization from his perspective is the City is trying to move more into the area of prevention than just fighting fires. Mr. Meyer said the reorganization was not an attempt to diminish the City' s firefighting capacity, but rather to utilize the staffing, equipment and other facilities more effectively to be able to allow more resources to be directed to pro-active fire prevention, fire education and yet maintain adequate staffing levels to fight fires . This proposal also will allow the department to work closely with our neighboring cities in terms of supporting their weaknesses with our strengths and vice versa. It was moved by Councilmember Dorfman, seconded by Councilmember Friedman, to adopt Resolution 93 - 192 entitled "Resolution authorizing the reorganization of the St . Louis Park Fire Department . " The motion passed 5-0 . 8d. Void III 8e . Sale of general obligation tax increment financing bonds Resolution 93-193 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 193 entitled "Resolution authorizing the solicitation of proposals for the negotiated sale of general obligation tax increment refunding bonds of 1993 . " The motion passed 5-0 . 8f . Void 8g. Ordinance approving 1993 revised budget, 1994 budget It was moved by Council Meland, seconded by Councilmember Jacobs, to approve first reading set second for Dec . 20 , 1993 and authorize summary publication The motion passed 5-0 . 8h. 1994 tax levy Resolution 93-194 III 167 City Council meeting minutes Dec. 6, 1993 11 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 93-194 entitled "Resolution approving 1993 tax levy, collectible in 1994 . " The motion passed 5-0 . 8i . Transfer of excess interest It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to approve first reading, set second for Dec . 20, 1993 and authorize summary publication. The motion passed 5-0 . 8j . 1994 employee insurance program Resolution 93-195 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 195 entitled "Resolution establishing City contribution toward health, life and dental insurance for non-union/non-supervisory and supervisory employees for 1994 and amending Resolution 92-180 . " The motion passed 5-0 . 8k. Housing revenue bonds refinancing Westwind It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to defer this item to Dec. 20, 1993 . The motion passed 5-0 . 81 . City/Community Health Services Agreement Resolution 93-196 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 93-196 entitled "Resolution approving agreement between the City of St . Louis Park and Hennepin County for financial support of municipal environmental health services . " Councilmember Friedman referenced a report given to Council a year or so ago analyzing cost differential in having the City do its own environmental health services as opposed to the County. Mr . Meyer said at the time the report was done , the cost to provide those services was approximately $12 , 000 after all fees and revenues. The fee schedule from the County was enough higher than what the City was charging so that the $12 , 000 would be charged back against the establishments using those services if III the County were to provide them. If the County was to run the service, it would cost the establishments that use the services 168 City Council meeting minutes Dec. 6, 1993 more which would basically offset what the City is subsidizing now. It does cost the City a bit more which is spread across the whole tax base of the City. Councilmember Friedman said he would like to revisit this subject and in the interim asked if the report could be redistributed. The motion passed 5-0 . 9b. Traffic study 470 : County 25 frontage road at Inglewood and Joppa Resolution 93-197 By consent , adopt Resolution 93 - 197 entitled "Resolution authorizing installation of stop signs along the County Road 25 south frontage road approaches to Inglewood Ave . and Joppa Ave. " 9c. Deer Management Task Force Councilmember Dorfman asked if the comments from the meeting could be given to Council . Mr. Meyer said that was staff' s intent. Mayor Hanks said the same problem was being fought from the comments he got at the National League of Cities conference . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to continue research on solutions and defer the item to Feb. 7, 1993 . The motion passed 5-0 . 9d. 1994 special assessment rates It was moved by Councilmember Jacobs, seconded by' Councilmember Dorfman, that the 1994 assessment rate for residential street construction remain at the 1993 level . The motion passed 5-0 . 9e. Void 9f. Compensation adjustment : City Manager It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, that the compensation adjustment be approved. The motion passed 5-0 . 9g. Minutes: Board of Zoning Appeals Oct . 28 9h. Minutes: Human Rights Commission Nov. 17 169 4 ' City Council meeting minutes Dec. 6, 1993 By consent, minutes received for filing UNFINISHED BUSINESS 10a. Boards and commissions Commission members desiring reappointment were intervied. Other interviews will be finished on Dec . 20 . NEW BUSINESS lla. Intoxicating liquor license renewals for 1994 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs to approve contingent upon all ordinance requirements having been met. The motion passed 5-0 . lib. 3 . 2 liquor license renewal for 1994 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve contingent upon all ordinance requirements having been met . The motion passed 5-0 . 1 1 r` P roT.,al of Ppprt Fnnri licfmnp to q11 Tull ltabs City Council meeting minutes Dec. 6, 1993 Meland, to adopt Resolution 93-200 entitled "A resolution of the St . Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling. " The motion passed 4-1 (Councilmember Friedman opposed) . llf . Benilde St . Margaret raffle It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve and waive 30-day waiting period. The motion passed 5-0 . 11g. Recreation Center Renovations It was moved by Councilmember Meland, seconded by Councilmember Dorfman, to designate Morcon Construction as lowest responsible bidder and authorize execution of a contract not to exceed $87, 200 . The motion passed 5-0 . llh. Police dispatch console Sale and removal Resolution 93-201 By consent , adopt Resolution 93 - 201 entitled "Resolution accepting bid and authorizing sale and removal of old public safety answering point (PSAP/911) dispatch console. " MISCELLANEOUS 12 . Damage claims Virginia Drinkwine Bernadell Olson By consent, claims referred to City Clerk and City Manager. 12b. Communications from the Mayor Mayor Hanks said it had been determined that there was no need for a year-end meeting. 12c. Communications from the City Manager Mr. Meyer said nothing had been heard from Equitable Life Assurance yet about easements at Shelard Pkwy. and Ford Road so there was nothing to report at this time . Also publication of notice had been affected in the Autumn Lodge Trading matter in order to move it along. It will be discussed at an upcoming Council meeting. CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims, prepared by the Director of Finance and dated December 6, 1993 was approved the checks 171 authorized to be issued in the following amounts: Vendor claims: $1, 024, 782 .40 and payroll claims : $16, 130 . 15 . 13b. Contract payments 1 . Final : Gunderson Brothers Cement - random concrete placement, City-wide. Amount : $3, 524 . 31 . 2 . Final : Thomas & Sons Construction - sanitary sewer forcemain reconstruction. Amount : $5, 479 .71 3 . Final : Midwest Asphalt - Park Center Blvd. reconstruction. Amount : $1, 773 . 50 4 . Final : Berwald Roofing - water treatment plant reroofing. Amount : $43 , 952 5 . Final : Adolf son & Peterson - St . Louis Park Police station. Amount : $10, 000 6 . Final : Acoustic Communications - Police paging system. Amount : $4, 451 .45 7 . Final : Watson-Forsberg Co. - standby generator. Amount : $2, 500 By consent, resolutions numbering 93-202 through 93-208 were adopted for the final payments listed above 1-7 . 8 . Partial : Midwest Asphalt - north/south frontage roads of Cty. Rd. 25 east of Hwy. 100 . Amount : $77, 483 . 30 9 . Partial : Midwest Asphalt - Cedar Lake Rd./Texas Ave. construction. Amount : $26, 403 . 54 . 10 . Partial : Midwest Asphalt - Boone Ave. , Forest Lane, W. 14th St . reconstruction. Amount : $3, 226 . 67 11. Partial : Faircon Services - MSC air system. Amount : $23,450 .75 12 . Partial : Egan-McKay Electrical Contractors - traffic signal system. Amount : $21, 777 . 97 13 . Partial : Egan-McKay Electrical Contractors - emergency vehicle pre-emption system. Amount : $21, 777 . 97 14 . Adjournment The meeting adjourned at 9 :00 p.m. /4,41..A- 6/ Ma r Aid- AI / ,`Recording Secretary III 172