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HomeMy WebLinkAbout1993/03/01 - ADMIN - Minutes - City Council - Regular 4a IIIMINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA March 1 , 1993 1 . Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2. Presentations Mayor Hanks presented the following proclamations: to the Volunteers of America and to the Human Rights Commission for their efforts in putting on the February 21 Human Rights Expo. The proclamation was accepted by co-chair Patrick Devine and Pat Folukes. Nancy Pascal, League of Women Voters, distributed to Council copies of its publication: "St. Louis Park - A First Ring Suburb: Challenges and Opportunities." 3. Roll call The following Councilmembers were present at roll call • Jeff Jacobs, George Haun, Allen Friedman, Keith Meland, Larry Mitchell , Gail Dorfman and Lyle Hanks. III Also present were the Interim City Manager (Mr. Pires) ; Deputy City Attorney (Ms. Pace) ; Dir. of Community Development (Mr. Hagen) ; Dir. of Public Works (Mr. Grube) ; Dir. of Finance (Mr. Syverson) ; and Administrative Asst. (Mr. Larson) . 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve . the minutes with one change: Change Deputy City Manager to Deputy City Attorney in item 3. The motion passed 4-0-3 (Councilmembers Meland, Haun, Mayor Hanks abstained) . 5. Approval of agenda It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to approve the consent agenda. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the agenda with the addition of an Executive Session before adjourn- ment. The motion passed 7-0. III PUBLIC HEARINGS 6a. Bateson request Special permit for 50 cubic yards of fill in the floodplain: 9311 , 9315 W. 23rd St. 22. City Council meeting minutes March 1 , 1993 Mr. Pires gave a brief update as to what had transpired since February 16. He said that if Council wished to give consideration of the purchase of the property, it would be advisable for the public hearing to be continued to April 19; otherwise, to consider additional information received, a continuance to March 15 would be appropriate. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to continue the public hearing to April 19, 1993. The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Use of matured special assessment bonds It was moved by Councilmember Resolution 93-14 Meland, seconded by Councilmember Jacobs, to adopt the resolution Councilmember Friedman asked if the money would be dedicated only to capital improvements. Mr. Pires said that was the primary intent; however, there is room in the resolution for the Council to designate funds for other use as it sees fit. Councilmember Friedman was concerned that the funds not get buried somewhere in the budget never to be seen for review. He would like to see dollar amounts, line items and recommendations to the Council rather than just a blanket resolution authorizing staff to use the funds for capital improvements. Councilmember Meland felt paragraph 2 on page 1 under Options addressed Councilmember Friedman' s concerns. Councilmember Mitchell asked how the budget would address this. Mr. Pires responded that there would be in the budget process notification of the source of the funding. In effect there could be an area that shows the source of this fund and the projects to be funded from it. Mr. Syverson views department heads as including certain projects in the Capital Improvement Project and from that point on once the Council has adopted the CIP, these projects would become eligible for placement in the City' s budget. Councilmember Mitchell said it was not clear to him where this would appear in the budget in terms of the budget process so they don't get lost. Mr. Syverson said it would appear in the annual financial report and if the Council wanted more detail at any point, a report could be prepared showing a flow of funds that are being captured in the special assessment fund, the use of them and the resulting imbalance that would result. Councilmember Haun felt there should be a process in the budget so all the availble funding is going to the CIP, leaving no funding available for other 23. City Council meeting minutes March 1 , 1993 III types of projects. He felt this had to be noted at the very beginning of the budget process to keep control over it. Councilmember Meland noted that transfer of funds had to come before Council and requires six votes. Councilmember Friedman did not want to see funds unintentionally buried in projects. He would like to see them in other than a capital improvement fund. He asked why they had to go into a building fund or a park improvement fund? Why can't they go into some kind of other fund and thereafter allocated in a report form to the Council for the budget year in which staff thinks it could or should be used. He was concerned alot of projects would be undertaken just because there was funding available. Mr. Syverson said it does not have to go into a building fund and funds can be used for current expentidures if Council so desires. Councilmember Meland felt the resolution addressed concerns relative to transfer of funds by calling for a report to Council , a public hearing and six votes for passage. Mayor Hanks suggested adding the words "other extraordinary expenses" to the second Whereas of the resolution. 111 Councilmember Jacobs would be concerned if these funds were earmarked for something not going into capital improvement. He was more comfortable keeping it for construction or improvements to City buildings or for other capital kinds of improvements to City facilities. No matter what the veribage, he__ wanted a safeguard that the funds not be used for operations. Ms. Pace said that in determining and propriety and legality of setting up this fund and using excess monies originally captured from special assessments, Holmes and Graven rendered an opinion, i .e. , that as a matter of policy it is sound financial practice for a city to use available surpluses from closed debt service funds solely for capital purposes. be Councilmember Meland suggested a simple way to handle this would/ to have another resolution or ordinance, together with the other resolutions and ordinances adopted at budget adoption time, showing the transfer of any monies, if any is used. This would be separate from other resolutions and ordinances relating to the budget. Mayor Hanks asked if added to Councilmember Meland' s motion "to City buildings, structures and capital improvements" was acceptable. It was to the maker and second. The motion passed 7-0. III 8b. Ordinance amending zoning ordinance Buffer yard requirements Ordinance No. 93-1911 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Ordinance No. 93-1911 entitled "An ordinance amending the St. Louis 24. City Council meeting minutes March 1 , 1993 ordinance code relating to zoning by amending Section 14:6-1 .2C(11 ) ." The motion passed 7-0. 8c. Vacation A portion of W. 28th St. , approximately Ordinance No. 93-1910 65 ft. east of State Hwy. 169 from W. 22nd St. to 1200 ft. north It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to adopt Ordinance No. 93-1910 entitled "An ordinance vacating public street: A portion of W. 28th St. approximately 65 feet east of State Hwy. 169." The motion passed 7-0. 8d. Ordinance transferring funds Salary adjustments Ordinance No. 93-1909 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Ordinance No. 93-1909 entitled "Ordinance authorizing the transfer of funds and providing appropriation for salary adjustment for non-union employees and teamsters public and law enforcement employees union Local No. 320 contract settlement for year ending Dec. 31 , 1993. " The motion passed 7-0. 8e. Payment of claims Emergency ordinance Ordinance No. 93-1912 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Ordinance 93-1912 entitled "Ordinance authorizing the City Manager to pay claims against the City." The motion passed 7-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Cable Tv franchise fees School District share Joel Brand addressed the Council . Since 1982 the School District has received a share of the cable tv franchise fees, ostensibly not for operational purposes, for instructional purposes. He did not wish to be perceived as critical of the School District, but rather to discuss fiscal responsibility. He did not feel the School District had used the funds as was intended, i .e. for educational programming. He felt the School District could adequately provide for itself and franchise fees monies could be better utilized to upgrade City cable tv facilities and equipment. Carolyn Charles and Jeff Holte from the School District addressed -the Council . They are responsible for the cable operation for the School District. Ms. Charles highlighted the District' s involvement in cable tv. 111 Councilmember Mitchell asked about the accounting of the expenditure of franchise fee monies. He had no knowledge of how the money has actually been spent other than talking in philosophical terms of the intent of the program and people it serves. 25. City Council meeting minutes March 1 , 1993 111 Ms. Charles said a large part of the money has gone for support personnel to help maintain the operation. To some extent money is spent to maintain the studio, buy equipment. She gave a brief overview of how monies have been spent for staff. Mayor Hanks suggested that before budgeting for next year, Council might ask the School District for an accounting of its expenditures relating to cable. Councilmember Dorfman asked what the original intent was and did guidelines go along with it. Councilmember Meland said in monies given to the School District, few strings have been attached. It was felt the monies were being expended for what they said it would be - for productions, personnel , supplies and equipment. He said he would be comfortable making a motion to have the $25,000 placed on the Mar. 15 claims list and addressing the concerns that have been raised and that Council puts no particular strings on it but ask that the next time this comes to us that some sort of an annual report is provided showing how the money was expended. Mayor Hanks suggested it be added to the March 1 claims list and Councilmember Jacobs seconded. Councilmember Mitchell felt there were unanswered questions and he was unable 111 to support the motion. Mayor Hanks thought it important for the City to review how it is spending its cable monies as well . He thought probably the School District and City were spending funds in the same way. The motion passed 5-2 (Councilmembers Dorfman and Mitchell opposed) . 9b. Paving/curb/gutter: W. 26th, Supplemental engineer' s report Monterey to France Resolution 93-15 It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Resolution 93-15 entitled "Resolution adopting attached supplemental City Engineer' s report reafirming its intention to proceed with the reconstruct- ion of W. 26th St. from Monterey Ave. to Huntington Ave. , Project 90-24." The motion passed 6-0. Councilmember Dorfman asked if the W. 26th St. were to be closed, what about the bus routes. Mr. Grube said the residents would be notified and the project undertaken expeditiously so the routes can get back to normal . Councilmember Dorfman would like to avoid bus travel on residential streets to every extent possible. 9c. Park Hill neighborhood stop signs Resolution 93-16 Tom Green, 2827 Joppa, addressed Council 26. City Council meeting minutes March 1 , 1993 He was asking that the stop signs be removed from the neighborhood. He said the signs were creating a non-compliance with stop signs, i .e. , most of the vehicles going through the neighborhood are rolling through the intersections, not coming to complete stops. Cars are speeding through the neighborhood, en- dangering children and pedestrians. Mr. Grube reported staff had received four phone calls and one letter in support of retaining the signs and four phone calls favoring removal . Councilmember Friedman read a letter from Torah Academy encouraging retention of the signs. He had received calls both for removal and retention. It was moved by Councilmember Friedman to retain the signs. Councilmember Haun seconded with direction to the public works department to look into the Joppa Ave. situation. Councilmember Dorfman suggested staff conduct a study re pedestrian safety of the entire neighborhood since cars rolling through stop signs endangering pedestrians. In this case, the stop signs are not working. Councilmember Jacobs felt the City had to make a commitment to enforce the stop signs. He would also support better signage by Torah Academy. Councilmember Haun asked the maker of the motion if a study of the situation could be included along with stronger police enforcement in the motion. Mr. Friedman had no objection. The motion passed 7-0, adopting Resolution 93-16 entitled "Resolution authorizing permanent stop sign placement in the Park Hill neighborhood, France Ave. to Joppa Ave. between Minnetonka Blvd. and W. 28th St." 9e. Fire Management study It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to distribute the RFP for the Fire Department Management study. The motion passed 7-0. 9f. Charter Commission minutes Feb. 11 9g. Planning Commission minutes Feb. 17 9h. Neighborhood Revitalization Commission minutes Feb. 10 9i . CDBG program, Year XIX 9j . Board of Zoning Appeals minutes Jan. 28 Items 9f-9j ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and Commissions No business 27. City Council meeting minutes March 1 , 1993 10b. Community Involvement Program It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, that a letter for the Mayor' s signature be prepared in support of the program. The motion passed 7-0. 10c. Standby generator• Police station A number of questions of a technical and complex nature were asked by Council and were addressed by Mr. Grube. It was moved by Councilmember Mitchell , seconded by Councilmember Jacobs, to purchase a 600 KW generator to service City Hall and the Police station. The motion failed 3-4 (Jacobs, Mitchell , Hanks favor; Haun, Friedman, Meland, Dorfman opposed) . It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to purchase a 100 KW generator for the Police station. Councilmember Meland wondered if the maker would accept an amendment authorizing staff to prepare for the 1994 budget a proposal to replace the 85 KW generator in City Hall with a 100 KW generator and move the 85 KW generator to the MSC. Councilmember Friedman preferred to leave the motion without Councilmember Meland's proposed amendment. Councilmember Mitchell noted that with this motion, the City would not be able to take advantage of NSP' s credit program. The motion failed 3-4 (Jacobs, Haun, Mitchell , Hanks opposed; Friedman, Meland, Dorfman favor) . Councilmember Mitchell would like to see the numbers reworked trying the least expensive route possible with a reasonable period of replacement for the 85 KW. It was moved by Councilmember Haun to go for the 400 KW generator. The motion died for lack of a second. It was moved by Councilmember Mitchell , seconded by Councilmember Friedman, that a more thorough cost analysis be done of the options including replacement of the 85 KW and its relocation. Mayor Hanks asked what was the timeframe. Mr. Kross of the architect' s firm said time was of the essence and could not wait until April 19 for a decision. Mr. Kroos said a minimum of 12 weeks would be needed to complete the entire process and have a generator in place. It was moved by Councilmember Meland, seconded by Councilmember Dorfman to reconsider the vote on the 600 KW generator. The motion passed 6-1 (Councilmember Friedman opposed) . 28. City Council meeting minutes March 1 , 1993 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to authorize staff to develop plans/specs for the installation of a 600 III KW generator in the City Hall garage and participate in the load management program of NSP. The motion passed 6-1 (Councilmember Friedman opposed) . NEW BUSINESS lla. Bid tab: Police station cable system Resolution 93-17 It was moved by Councilmember Meland, seconded by Councilmember Dorfman, to adopt Resolution 93-17 entitled "Resolution accepting bid and authorizing execution of a contract for improvement/Contract 2093: Installation, including labor and materials, of a cable system in the new Police station." to A.U.S. , Inc. The motion passed 7-0. llb. Bid tab: Police system paging system Resolution 93-18 It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 93-18 entitled "Resolution accepting bid and authorizing execution of a contract for improvement/Contract No. 2094: Installation, including labor and materials, of a paging system in the new Police station" to Acoustic Communication Systems. llc. Bid tabulation: Police station public safety answering point (911/Dispatch) III Resolution 93-19 Gary Ledin, Motorola, addressed Council to challenge the awarding of the contract to Capitol Communications. Representatives of Capitol Communications thereafter addressed Council to defend its bid. At the conclusion of the discussion, it was moved by Councilmember Meland, seconded by Councilmember Mitchell that the bid be awarded to Capitol Communi- cations and to adopt Resolution 93-19 entitled "Resolution accepting bid and authorizing execution of a contract for improvement/Contract No. 2088: Installation of and replacement and upgrade of the Police 911/Dispatch console in the new Police station." The motion passed 7-0. lld. Change order No. 2: Police station Resolution 93-20 By consent, adopt Resolution 93-20 entitled "Resolution pertaining to Change Order No. 2 for Project MB-90-11 , Contract No. 2071 . lle. Bid tab: Well 10 reconditioning III Resolution 93-21 By consent, adopt Resolution 93-21 entitled "Resolution accepting 29. City Council meeting minutes March 1 , 1993 City Engineer' s report, establishing Project 93-15, ordering the improvement, approving project specifications and accepting bid and awarding contract Well No. 10 reconditioning." llf. Raffle Application of Jorgensen Trust to conduct raffle at Minneapolis Golf Club The Deputy City Attorney said she had not been able to determine if the Jorgensen Trust qualifies under the City' s definition of an organization in the code. She suggested approving the raffle request subject to the City Clerk and City Manager determining that the applicant meets the definition of organization. It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to approve the license subject to the Deputy City Attorney' s suggestion. The motion passed 6-1 (Councilmember Friedman opposed) . MISCELLANEOUS 12a. Damage claims Frieda Kool Lloyd Cordner Patricia Hoedeman By consent, refer to City Clerk and City Manager 12b. Communications from Mayor Mayor Hanks reminded Council of the Tuesday meeting, 7:30 a.m. 12c. Communications from Interim City Manager None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated March 1 , 1993 was approved and checks authorized to be distributed in the following amounts: Vendor claims $1 ,227,050.76 and payroll claims $16,845.20. 13b. Contract payments 1 . Final : C. S. McCrossan - TH 7/Louisiana Ave. Amount: $17,720.36 By consent, adopt Resolution 93-22 entitled "Resolution approving final payment: C. S. McCrossan - TH 7/Louisiana Ave. reconstruction." 2. Partial : Adolfson & Peterson - Police station. Amount: $364,850.83 3. Partial : Wickenhauser Excavation - Bass Lake channel dredging. Amount: $58,508. 12 By consent, partial payments approved 30. City Council meeting minutes March 1 , 1993 The City Council adjourned to Executive Session to discuss a matter of litiga- tion. Upon its return to chambers, Council directed the Assistant City Attorney to proceed as he recommended with respect to the pending litigation discussed. 14. Adjournment The meeting adjourned at 10:20 p.m. The City Council reconvened in a study session to discuss the Capital Improvement Program. The study session adjourned at 10:50 p.m. NOLA--thS ori 1 \41N,4ec!. 4sec $ILk 111 31 .