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HomeMy WebLinkAbout1993/09/07 - ADMIN - Minutes - City Council - Regular 4a MINUTES -111 CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA September 7, 1993 1 . Call to order The meeting was called to order at 7 :30 p.m. by Mayor Lyle Hanks . 2 . Presentations Mayor Hanks made the following presentations : Recognition of Park and Recreation Junior Leadership Program participants. Proclamation for Constitution Week Proclamation for City Employees' Recognition Week 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 Also present were the City Manager (Mr . Meyer) , Deputy City Attorney (Ms . Pace) ; EDA Attorney (Mr. Steilen) , Director of Public Works (Mr. Grube) , Director of Community Development (Mr. Hagen) , Director of Finance (Mrs . McBride) , Personnel Officer (Mr. Wysopal) , and Asst . to the City Manager (Mr. Larson) . 4 . Approval of minutes It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the Aug. 9, 1993 study session. The motion passed 6-0-1 (Councilmember Mitchell abstained) . .l� It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the Aug. 16 , 1993 City Council meeting. The motion passed 7-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to approve the minutes of the special City Council meeting of Aug. 23, 1993 . The motion passed 7-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the study session of Aug . 23 , 1993 . The motion passed 4-0-3 (Councilmembers Dorfman, Meland and Friedman abstained) . 5 . Approval of agenda 109 City Council meeting minutes Sept . 7, 1993 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for Sept . 7 , 1993 . The motion passed 7-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to approve the agenda for Sept . 7 , 1993 . The motion passed 7-0 . PUBLIC HEARINGS 6a. Amendment to Zoning Ordinance Parking requirement for food service: Miracle Mile Pat Stoner, 4221 Basswood Rd. , addressed Council stating that she wished to open a take-out with small sit-down eating cafe in Miracle Mile . There being no one further 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 Meland, seconded by Councilmember Jacobs, to approve first reading, set second reading for Sept . 20, 1993 and authorize summary publication. The motion passed 7-0 . 6b. Vacation: Utility easement 2337 Texas Ave . Mayor Hanks explained that a variance has been granted to construct a garage and now a utility easement is required . He said enough of the easement be vacated only to build the garage and the remainder be left for a drainage easement . There being no one further wishing to speak, the Mayor closed the meeting with the right of Council to thereafter reopen and continue to a future date . It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to approve first reading, set second for September 20, 1993 and authorize summary publication. The motion passed 7-0 . PETITIONS, REQUESTS, COMMUNICATIONS 7a. Park Nicollet proiect Early access agreement It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to approve the agreement and authorize its execution by the Mayor and City Manager subject to modifications by the City 110 City Council meeting minutes September 7, 1993 Attorney if necessary. The motion passed 7-0 . 7b. Park Nicollet project Approval of street agreement for W. 39th St . Mr. Meyer said the agreement would be notarized on Sept . 8 . It was moved by Councilmember Meland, seconded by Councilmember Haun, to approve the agreement and authorize its execution by the Mayor and City Manager subject to modifications deemed necessary by the City Attorney. The motion passed 7-0 . RESOLUTIONS AND ORDINANCES 8a. Vacation: Portion of W. 34th St . Second reading of ord- inance Maria Hanft, 3400 Huntington Ave. addressed Council . She favored the vacation and did not know why an attorney had asked for it to be deferred. Mr. Hagen said he had spoken with the attorney earlier that day. He said discussions were still occurring relative to where the lot line would be that splits the two properties . Apparently some swapping of land is going on. Councilmember Friedman asked if any promises had been made to the other attorney that there was a request for deferral . The Mayor said the other party had not been notified. Mr. Hagen displayed a map and made an attempt to explain the proposed swapping of land. Councilmembe Friedman thought land vacation involved the City and that the Statute was specific on this subject . In this instance it seemed that two private parties were making a decision. Councilmember Friedman asked to see an opinion from the City Attorney before the City goes ahead and has a second reading of the vacation request . Mayor Hanks did not see why the City should spend its money on this when one of the attorneys is opposing the request . It was moved by Councilmember Friedman, seconded by Councilmember Haun, to defer the matter to Sept . 20, 1993 . 111 City Council meeting minutes Sept . 7, 1993 Councilmember Haun wanted both attorneys to be in agreement before the matter comes back to the Council . III The motion passed 7-0 . 8b. Park Nicollet matters Vacations Resolutions 93-1921, 1922, 1923 1 . Vacation : Portion of W . 39th St . - It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Ordinance 93-1921 entitled "An ordinance vacating public street - a portion of W. 39th St . " The motion passed 5-0 (Councilmembers Friedman and Haun out of chambers) . 2 . Vacation: A portion of Park Center Blvd. - It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Ordinance 93-1922 entitled "An ordinance vacating a public street - A portion of Park Center Blvd. " The motion passed 5-0 . 3 . Sidewalk easement along Park Center Blvd. - It was moved by Councilmember Meland, seconded by Councilmember Jacobs, to adopt Ordinance 93-1923 entitled "An ordinance vacating a portion of a sidewalk easement along Park Center Blvd. " III The motion passed 5-0 . 4 . First reading of ordinance conveying portion of Park Center Blvd. from City to EDA - It was moved by Councilmember Meland, seconded by Councilmember Mitchell, to approve first reading, set second for Sept . 20, 1993 and authorize summary publication. The motion passed 7-0 5 . Commitment to fund roadway improvements for Tower Place project pursuant to Indirect Source Permit - Resolutibn 93-134 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 93 - 134 entitled "Resolution committing to fund and construct roadway improvements for Tower Place project prior to occupancy pursuant to Indirect Source Permit application. " The motion passed 7-0 . 8c. SPC Companies/EDA redevelopment project matters Mr . Meyer said there were several items precedent to second reading of ordinances vacating public streets and conveying landIII 112 City Council meeting minutes Sept . 7, 1993 from the City to the EDA. However, by this evening ' s meeting, 111 there were several items still outstanding and he could not recommend moving on this tonight . He was sympathetic to SPS ' desire to get this project underway. Mr. Steilen counseled against taking any action this evening until every element of the project is in place . Ms . Pace said if a special meeting were to be held it would have to be noticed and six votes would be required. Also, SPS has asked for pre-publication of the ordinances . The legality of that process was not entirely clear, and her office is researching it . The consensus was to have a special meeting on Monday, Sept . 13 to address this matter and to pre-publish the ordinances. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to defer this matter to Sept . 13, 1993 . Councilmember Mitchell was concerned about setting a precedent re pre-publication of documents . Ms . Pace said a conditioned vacation (conditioned on the occurrence of certain events) was not possible but they are continuing to research this . It was suggested this kind of action be considered on a case-by-case basis. The motion passed 7-0 . 8d. Water Tower location Consultant selection Councilmember Friedman asked if the other cities using the consultant ' s services had been contacted about their experiences . Mr. Grube explained the situation with Lino Lakes . Councilmember Friedman asked if Mr . Grube could say without a doubt that RCM could not do this job and that TKDA, for an additional $21, 000 could do it better. Mr. Grube believed that the proposal from RCM had some unanswered questions which led him to question its proposal . Councilmember Friedman said he needed to know from Mr. Grube is RCM' s engineering services would not be good enough to do this project and to ensure that the tower will hold up and do the job it ' s supposed to do. He didn' t understand why the other cities listed in staff ' s report had hired RCM but the City would not . Mr. Grube said the firm could do the job for the City; however, he was concerned that RCM would reach the dedicated hours II necessary for design/inspection at the price quoted, but the project would not be complete as was the instance in Eden 113 Council meeting minutes Sept . 7, 1993 Prairie. Councilmember Jacobs ' s position was the difference in the bids . 111 Are corners being cut? He felt the letter RCM submitted noting that $28 , 560 was a not-to-exceed maximum for the project was worthy of consideration and could be used on the City' s behalf should the project not come in complete at that price . It was moved by Councilmember Jacobs, seconded by Councilmember Friedman , to adopt the resolution designating RCM as the successful bidder for the project . Councilmember Mitchell was concerned about the range of the bids - from $28, 560 to $95, 600 . He felt this was a great variance and wondered why. Also, what timeframe is the City under Mr. Grube said the timeframe was to award a bid in order to get the project underway early next year. Relative to the range of bids , the top two bidders dedicated dollars for on- site inspection for the construction of the tower. He did not believe that was necessary. Councilmember Haun felt it critical to know how much field inspection time would be spent by the winning contractor. Mr. Grube felt if the Council were to accept the RCM proposal, it should be with the provision that the City determines the hours or the resources dedicated towards field inspection, not just the 154 hours in RCM' s proposal . Councilmember Jacobs said he would be willing to defer two weeks to provide an opportunity for Mr. Grube to consult further with RCM. Councilmember Friedman referenced RCM' s letter in which they give a money back guarantee if the City is not satisfied. He felt the issue of inspection hours committed was covered by this guarantee . Councilmember Meland if the City' s proposal did not specify the number of hours dedicated to construction oversite, should not all the bids be rejected and new specs be developed with the hours specified. • Mr. Grube said specification of hours for construction oversite is outside of his area of expertise which was why he asked each bidder for the number of hours they felt necessary. Councilmember Friedman did not believe that would make much difference in the bids on the table except all would probably be higher. 111 114 City Council meeting minutes Sept . 7, 1993 Councilmember Jacobs withdrew his motion. 111 It was moved by Councilmember Haun, seconded by Councilmember Jacobs , to defer this matter to Sept . 20 and ask staff to determine the number of hours" RCM will commit to onsite inspection and have it in writing. Based on staff ' s satisfaction with their answer, bring a recommendation to the Council on Sept . 20 . Councilmember Mitchell asked the maker of the motion if the intent is that the "guarantee" be refined and how would that be guaranteed. Councilmember Haun felt putting it in writing would be sufficient . Councilmember Mitchell asked what would warrant that guarantee - would the City have to go to court to get its money if the money back guarantee went into effect . Mr . Meyer felt what staff would be looking at if the motion passes during the next two weeks is whether or not staff can satisfy itself that the number of hours RCM put into its proposal for construction supervision will be sufficient . The area where the guarantee comes in is in determining how we ' re going to decide whether or not those hours offered in their proposal and guarantees to be sufficient will, indeed, suffice . Mr . Grube said rather than hours, the concept of sufficiency would be explored with the City Attorney as well as the critical elements of a contract for RCM which would delineate RCM ' s committment to dedicate necessary resources as determined by the City to do the project . Councilmember Dorfman believed that all requirements had been followed - setting specs , calling for bids , receiving bids , evaluating them and selecting the lowest bidder - and now new conditions are being put forth not in the initial RFP. She had a problem with determining new conditions and not going out to bid all over again. Councilmember Friedman asked if the total bid based on the number of inspection hours . Mr. Grube said it was based on resources dedicated for site location, working with the City Council as far as tower design, design activities, bidding and construction oversite . Councilmember Friedman called the question. The motion passed 5-2 (Councilmember Meland, Mitchell opposed) . The motion to defer passed 6-0 (Councilmember Meland opposed) . 115 City Council meeting minutes Sept . 7, 1993 8e. Low-rent housing Resolution approving Resolution 93-135 application III It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to adopt Resolution 93-135 entitled "Resolution approving application for low-rent public housing. " The motion passed 7-0 . 8f. 1993 re-estimated budget First reading of ordinance It was moved by Councilmember Friedman, seconded by Councilmember Mitchell, to approve first reading, set second on Sept . 20, 1993 and approve summary publication. 8g. 1993 tax levy Setting public hearing Resolution 93-136 It was moved by Councilmember Mitchell, seconded by Councilmember Dorfman, to adopt amended Resolution 93-136 entitled "Resolution approving proposed 1993 tax levy, collectible in 1994 and approving proposed 1994 budget" which provides for no increase. The motion passed 7-0 . Councilmember Friedman was concerned about the budget after his review and requested Council and the City Manager to soon get together and go over some items. It was decided to meet on Sept . III 13; 1993 for that purpose . 8h. Residential picketing Ordinance 93-1924 It was moved by Councilmember Friedman, seconded by Councilmember ' Jacobs , to adopt Ordinance 93 - 1924 entitled "An ordinance amending the St . Louis Municipal Code by the addition of Section 12-507, "Targeted residential picketing prohibited. " The motion passed 7-0 . 8i . Variance appeal Richard Boyd, 3904 Zarthan Resolution 93-137 It was moved by Councilmember Meland, seconded by Councilmember Haun, to adopt Resolution 93-137 entitled "A resolution granting variance in accessory building size from Section 14 : 5 - 4 . 1 (A) (7) (e) of the Ordinance Code relating to zoning to permit an accessary building of 996 sq. ft . instead of the required maximum of 800 sq. ft . for property located in the R-2 Single Family Residence District at 3904 Zarthan Ave. " The motion passed 7-0 . III 116 City Council meeting minutes Sept . 7, 1993 8j . CDBG Sub-recipient agreement Resolution 93-138 It was moved by Councilmember Meland, seconded by Councilmember Jacobs , to adopt Resolution 93 - 138 entitled "Resolution authorizing the Mayor and City, Manager to execute sub-recipient agreement with Hennepin County for the Urban Hennepin County Community Development Block Grant program for Year 1993 . " The motion passed 7-0 . 8k. Restricted parking: Construction Second reading of ord- vehicles inance Ordinance No. 93-1925 It was moved by Councilmember Mitchell, seconded by Councilmember Meland, to adopt Ordinance 93 - 1925 entitled "An ordinance amending the St . Louis Park Ordinance Code regulating parking of certain motor vehicles and trailers on or near residential use district properties by amending Section 10-317 . " The motion passed 7-0 . 81 . HealthSystem Minnesota Final issuance of bonds Resolution No. 93-139 It was moved by Councilmember Meland, seconded by Councilmember Mitchell , to adopt Resolution 03 -139 entitled "Resolution authorizing the issuance and sale by the City of its Health Care Facilities Revenue Bonds (HealthSystem Minnesota obligated group) , Series 1993 and related matters as set forth in Resolutions 93-132 and 93-133 . " . The motion passed 7-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Fire Department study It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to accept the report and direct the City Manager to implement recommendations of the study. The motion passed 7-0 . 9b. Seasonal parking restrictions Alabama and Blackstone Resolution 93-140 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs , to adopt Resolution 93 - 140 entitled "Resolution 11 authorizing permanent winter parking restrictions along Alabama Ave. and Blackstone Ave. from Minnetonka Blvd. to W. 27th St . " 117 City Council meeting minutes Sept . 7, 1993 The motion passed 7-0 . 9c. Hennepin County Policy changes for cost participa- Resolution 93-141 tion in public works projects It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to adopt Resolution 93-141 entitled "Resolution regarding Hennepin County funding of cooperative highway projects. " The motion passed 7-0 . 9d. Legal counsel : Cable TV Resolution 93-142 Councilmember Friedman asked who would authorize hours for legal counsel . Mr. Meyer said the City Manager would be authorized to do that . He would also have to approve any person' s request for using the attorney. It was moved by Councilmember Mitchell, seconded by Councilmember Jacobs, to adopt Resolution 93 -142 entitled "Designation and appointment of legal counsel for cable tv-related issues . " Councilmember Jacobs asked if the cable attorney was not also answerable to the City Council as the City Prosecutor and City Attorney' s office is. Mr. Meyer said that was correct . The motion passed 6-1 (Mayor Hanks opposed) . 9e. Nortel Cable' s rate increase Proposal to respond Mayor Hanks said this report presented options from the cable attorney. It was moved by Councilmember Jacobs, seconded by Councilmember Mitchell , to authorize up to three hours of Ms . Miles time to review the options available to the City in light of the current Nortel Cable TV rate increase. Mayor Hanks asked what he expected her to accomplish . Councilmember Jacobs said it would be up to her to apprise Council of its options . Mayor Hanks ' dilemma was that in four months the rates will undoubtedly be raised anyway and many subscribers are happy about some of the things Nortel is now offering. 118 City Council meeting minutes Sept . 7, 1993 111 Councilmember Mitchell hoped that Councilmember Jacobs ' motion intended to exercise the option for certification to self- regulate . The motion passed 5 -2 (Councilmember Meland, Mayor Hanks opposed) . 9f . Request for stop sign Lynn Ave. at 40th St . It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to direct staff to hold a neighborhood meeting. The motion passed 7-0 . 9g. MTC agreements Bus stops maintenance It was moved by Councilmember Meland, seconded by Councilmember Mitchell, to authorize execution of the agreements . The motion passed 7-0 . 9h. Temporary stop signs W. 25 and W. 26th Streets By consent, accept report for filing 9i . Board of Zoning Appeals minutes July 22, August 26 9j . Human Rights Commission minutes July 21 9k. Neighborhood Revitalization Commission minutes Aug. 11 91 . Planning Commission minutes August 4 By consent, items 9i-91 ordered filed by consent . UNFINISHED BUSINESS 10a. Boards and commissions It was moved by Council- member Jacobs, seconded by Councilmember Mitchell, to make the following appointments : Joel Portice to the Fire Civil Service Commission; Rosie Turner to the Human Rights Commission; and Joel Brand to the Cable TV Advisory Commission. The motion passed 7-0 . NEW BUSINESS lla. Canvass of Third Ward primary It was moved by Councilmember Jacobs, seconded by Councilmember Meland, to set the canvass of Third Ward primary election results 119 City Council meeting minutes Sept . 7 1993 for Sept . 20, 1993 at 7:20 p.m. The motion passed 7-0 . III MISCELLANEOUS 12a. Damage claims Helen Langman LaVonne Horwath Richard Zadworny By consent, claims referred to City Clerk and City Manager. 12b. Communications from the Mayor - None 12c. Communications from the City Manager Mr. Meyer said the annual Employee Recognition Dinner is slated for Thursday, Sept . 9 at the Sheraton Park Place Hotel . CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims prepared by the Dir- ector of Finance, dated Sept . 7, 1993 were approved and checks authorized to be distributed in the following amounts : Vendor claims : $798, 571 . 27 and payroll claims $41, 476 . 03 . III 13b. Contract payments By consent, approve and auth- orize payment of : 1 . Final : Midwest Asphalt : Louisiana Ave . from Minnetonka Blvd. to north of W. 27th. Amount : $55, 007 . 00 By consent , adopt Resolution 93 - 143 entitled "Resolution accepting work and authorizing payment. " 2 . Partial : Watson-Forsberg Co. : Standby generator. Amount : $144, 337. 00 3 . Partial : Adolfson & Peterson : Police station . Amount : $85, 184 . 06 4 . Partial : G . M . H . Asphalt : Grading, bituminous paving , curb/gutter and subsurface drainage system 5 . Partial : Midwest Asphalt : Park Center Blvd . Amount : $113, 870 . 87 6 . Partial : Thomas & Sons Construction. Sanitary sewer forcemain reconstruction. Amount : $45, 120 .25 III 120 City Council meeting minutes Sept . 7, 1993 7 . Partial : Gunderson Brothers : Random concrete replacement . Amount : $34 , 182 . 19 By consent, approve and authorize payment 14 . Adjournment The meeting adjourned at 9 :30 p.m. W Ma /r rk .1)1‘ \ ecording Secretary 121