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HomeMy WebLinkAbout1994/11/07 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA Monday, November 7, 1994 1 Call to order Mayor Hanks called the meeting to order at 7:30 p.m. 2 Presentations Mayor Hanks presented a plaque to Bob Bennett in honor of his many years of service on the Fire Civil Service Commission. Mayor Hanks read Resolution 94-157 entitled"Resolution proclaiming November 15, 1994 as National Community Education Day in St Louis Park" It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt the resolution. The motion passed 7-0. II A proclamation designating Chemical Health Week was presented to Barry Dunayer, the Ci ty' s Chemical Health Coordinator A proclamation designating November as Epilepsy Month was read and will be sent on to the committee. 3 Roll call The following Councilmembers were present at roll call: Jeff Jacobs, George Haun, Allen Friedman, Ron Latz, Robert Young, Gail Dorfman and Lyle Hanks Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Sheehy); Director of Community Development (Mr. Hagen); Acting Public Works Director(Mr. Moore); City Assessor(Mr. Stepnick), Director of Finance(Ms. McBride); Personnel Officer(Mr. Wysopal); and Police Chief(Mr. Mitchell.) 4. Approval of the minutes It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the minutes of the October 17, 1994 Council meeting. The motion passed 7-0. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes of the special City Council meeting of October 24, 1994. The motion passed 5-0-2 (Councilmembers Haun and Young abstained). 201 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve the minutes of the October 24 study session with the following corrections: Under Victoria Village delete the second paragraph as well as the first line on page 2; paragraph 6, put period after word "area." The motion passed 6-0-1 (Councilmember Haun abstained). It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the special City Council meeting of October 26. The motion passed 6-0-1 (Councilmember Young abstained) 4 Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the consent agenda with the removal of 9g. The motion passed 7-0 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for November 7 The motion passed 7-0. PUBLIC HEARINGS 6a. Amendment to Comprehensive Plan: 7342 W. 14th St. (Miller)to change land use from R7. Low Density Residential, to R30, High Density Residential Peggy Benkert, 7324 W. 14th St., presented a petition to the Council expressing the opposition of 28 neighbors to the proposed amendment. Jerry Martin spoke on behalf of the Millers and their request having sold the building to them. Their contention is the building is zoned for 7 units whereas City records indicate only 6 units are allowed. Councilmember Latz noted in a letter from the applicant attached to their permit application dated July 31, 1989 that the building was being used as a 6-unit apartment building. Mr. Martin said the City records and the reality of what is in the building don't agree. Geraldine Butler, 1415 Nevada Ave., said the petitioners wanted the neighborhood left as is, not rezoned to a multiple dwelling neighborhood. She said some of her neighbors had been approached by an individual asking if they wished to sell their homes. Randy Calcote, 7330 W. 14th St. agreed as did Luanne VanAvery, 7348 14th St. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to reopen and continue it at a future time. 202 Councilmember Young said this was a situation where a proposed solution was way out of proportion to the issue. He was not in favor of changing the character of an established neighborhood or putting it at risk. It was moved by Councilmember Young, seconded by Councilmember Jacobs, to deny the request and authorize preparation of a resolution of denial with findings. Councilmember Latz wondered if there was any legal way to retroactively grandfather in this property. He did not want to change the character of the neighborhood and also asked about the parking for the building--was it sufficient. He asked that these items be addressed for the next meeting as well as finding previous correspondence relating to this property. The motion passed 7-0. 6b. Conditional Use Permit to permit fill for property located in Wolfe Park Resolution 94-158 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 Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 94-158 entitled"Resolution granting Conditional Use Permit under Section 14:4-9(A) of the St. Louis Park Ordinance Code relating to zoning to permit placement and distribution of 3,000 cubic yards of fill for property zoned R-3 High Density Multiple Family Residence District located at 5005 W. 36th St. (Wolfe Park)." The motion passed 7-0. 6c. Amendment to Zoning Ordinance to permit a religious institution in the IG General Industrial District Corey Gordon, 2745 Aquila Ave., Vice-president of Bet Shalom Congregation, spoke. The congregation supports the staff's recommendation and that of the Planning Commission 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 Jacobs, seconded by Councilmember Friedman, to approve first reading, set second for November 21, 1994 and authorize summary publication. Mayor Hanks said he still had reservations and believed this to be a dangerous precedent, moving religious institutions into an industrial area. He was sorry to see a building used industrially and therefore on the City's tax rolls now to become a synagogue and off the tax rolls The motion passed 7-0. 203 6d. Vacation of public utility 7430 W 27th St. Bert Weinberg, 2729 Monterey Ave., spoke. He agreed with staff's recommendation. 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 Friedman, seconded by Councilmember Dorfman, to approve first reading, set second for November 21, 1994 and authorize summary publication. Mr. Hagen said staff was recommending that second reading be set at such time as the recorded conveyance of the easement has been turned over to the City. That was agreeable to the maker of the motion and the second. The motion passed 7-0. 6e. Assessment hearing Project 93-02• Reconstruction of Boone Ave. from Minnetonka Blvd to Aquila Lane _ Resolution 94-159 Barbara MacAdams, 8745 Minnetonka Blvd. said that a cherry tree in their yard has died since the reconstruction. She said after curb construction, resodding had been done and she suspected this was the cause of the tree's demise. Also her neighbor had asked her to mention that his lawn had incurred some damage during the reconstruction and could this be looked at. Mayor Hanks said he would take note and a staff member would visit her to discuss this. There being no one further wishing to spaek, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a later date. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfinan, to adopt Resolution 93-159 entitled"Resolution adopting assessment improvement No. 93-02: Street reconstruction of Boone Ave. from Minnetonka Blvd. to Aquila Lane." The motion passed 7-0. 61 Assessment hearing; Project 93-04• Reconstruction of W 14th St. east of Colorado Ave Resolution 94-160 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. 204 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 94-160 entitled"Resolution adopting assessment Improvement No. 93-04: Street reconstruction of W. 14th St. east of Colorado Ave." The motion passed 7-0. 6g. Assessment hearing.Project 93-03: Reconstruction of Forest Lane north of Forest Road Resolution 94-161 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 Dorfman, seconded by Councilmember Jacobs, to adopt Resolution 94-161 entitled"Resolution adopting assessment Improvement No. 93-03: Street reconstruction of Forest Lane north of Forest Road." The motion passed 7-0. PETITIONS, REQUESTS, COMMUNICATIONS None. I. RESOLUTIONS AND ORDINANCES 8a. Resolution approving amendment to Comprehensive Plan: Water Resources Section Resolution 94-162 It was moved by Councilmember Jacobs, seconded.by Councilmember Haun, to adopt Resolution 94-162 entitled"A resolution approving an amendment to the Comprehensive Plan 1990 to the Year 2010 for the City of St. Louis Park under Minnesota Statutes 462.351 to 462.364, Water Resources section." The motion passed 7-0. 8b. Agreement termination: 2732 Lynn Ave. Resolution 94-163 Dale Feiges, 2732 Lynn Ave. So., explained that in 1959 there was an encroachment on a City sewer easement of which he was unaware as there were no encumbrances when he purchased the house In 1986 he was unsuccessful in getting a loan although he did get money a few years later. His concern now is selling the home and he has been told the indemnification agreement with the City will make selling virtually impossible. He has been told by City staff that should the sewer need to be worked on, it can be done without digging anything up or tearing anything down. Now he was asking that the indemnification agreement be terminated. 205 It was moved by Councilmember Friedman, seconded by Councilmember Dorfinan, to terminate the indemnification agreement and to adopt Resolution 94-163 entitled"Resolution authorizing termination of indemnification agreement between the City and Dale W. Feiges and Toby G. Feiges at 2732 Lynn Ave. So." The motion passed 7-0. 8c. Emergency ordinance setting a 6-month moratorium: Adult uses Ordinance No. 94-2008 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Ordinance No. 94 -2008 entitled"An emergency ordinance placing a moratorium on the establishment, development, location or relocation of adult-oriented businesses in the City of St. Louis Park and directing that a study be conducted." The motion passed 7-0. 8d. Agreement for audit services Mayor Hanks asked why the City's long-term auditor did not submit a proposal. Ms. McBride did not know, only that they did not respond. A lengthy discussion ensued including the location of firms responding; the favorable bid offered by a St. Louis Park firm although after the deadline; a discussion of the process and criteria for interview. Councilmember Friedman was concerned that the auditing firm, which is responsible to the City Council, is not selected nor interviewed by the City Council. He felt the staff's evaluation adequate but felt Council should be involved in the selection process. Mayor Hanks did not understand why the firm that was late was even evaluated. Councilmember Friedman questioned why firms who weren't interviewed got ranked. Ms McBride explained that 2 processes were utilized -- one helped to select the three firms that were interviewed; the other was a point ranking system. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to defer the matter to November 21 and that the Council be provided with additional information of each firm and the basis upon which the ratings were done and then individual Councilmembers could interview any of the firms as they see fit Councilmember Dorfinan was uncomfortable with Councilmembers interviewing any of the firms on their own because some will have information that the rest do not have. She asked Ms. 206 McBride that since the ratings were done not on the basis of any information garnered from the interviews, what was the purpose of the interviews Ms. McBride responded said it was felt that any of the 11 firms could do an adequate audit. Seven responses were received and were rated as to which made the minimum cut in four areas. Those cut were because of lateness, incomplete information or not having a comparable client list resulting in three to be interviewed. The interview process was then basically to confirm the selection. • Councilmember Jacobs said he would not be comfortable voting on any of the candidates and would request more information on them, how the points were arrived at and receive a staff memorandum on why some were interviewed and some not, what part of any proposal was incomplete. Councilmember Dorfman alluded to Councilmember Young's desire to hire a local firm if at all possible and asked the City Attorney if the Council had any legal responsibility. Mr. Sheehy responded that in a professional services contract the Council has broad discretion. It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, that the item be deferred to November 21, 1994 and the information as suggested by Councilmember Jacobs be provided in the interim. He noted it was his opinion staff did a good job on this and Council needs to look at its role in context. Mayor Hanks said he would not support the motion as he was satisfied staff had done a good job. Councilmember Jacobs said it was not his intention to interview any of the firms. He merely sought additional information on how the points were arrived at and the rationale for why some were interviewed and some not plus any additional information that came from the interviews. The motion passed 6-1 (Mayor Hanks opposed). REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Private use agreement: Cluster housing. 3106-3110 Inglewood • Councilmember Friedman asked if the easement was necessary to construct these buildings and if it were removed at a future date, they would then be non-conforming. Mr. Meyer said it was a street easement and Inglewood stops short of this property so they need a private driveway across the City street easement in order to access the property. If the City were to go ahead and complete the street, then the property would have direct access and would not need the private easement. 207 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to authorize the Mayor and City Manager to execute the agreement. The motion passed 7-0. 9b. Private use agreement: 3639 Hampshire Ave. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to approve and authorize execution by the Mayor and City Manager. The motion passed 7-0. 9c. Consultant selection: Right-of-way acquisition on Cedar Lake Road Resolution 94-164 Councilmember Young noted the recommendation and the resolution mention W. 38th St./Monterey Dr./Excelsior Blvd. Was there an error here? Mr. Meyer said that the initial proposal was strictly for Cedar Lake Rd He had formerly mentioned at a study session that staff was having a lot of difficulty getting similar type easements on Excelsior Blvd. and that perhaps the same consultant could be utilized on that project. The consultant has not been able to give a firm price on that and the consultant was asked if the same hourly rate but not included in the not-too- exceed price which strictly applies to the Cedar Lake Rd. project. Excelsior Blvd. would be at the same hourly rate. Councilmember Latz said if a not-to-exceed rate is arrived at, that it come back to Council for review. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 94-164 entitled"Resolution authorizing execution of a contract with Evergreen Land Services Company to assist the City in its right-of-way acquisition needs for the Cedar Lake Road improvement project scheduled for construction in 1995" and that the Excelsior Blvd. project be brought back to Council as such time as a not-to-exceed figure is calculated. Councilmember Haun wondered when the Excelsior Blvd/Monterey/W. 38th St. project was to be commenced as it had been approved some four months ago. Mr. Meyer said not in this construction season because a problem has arisen with the traffic signal being located on the northwest corner where it is believed the basement of the existing building extends out under that section of sidewalk. The engineering consultant has been asked to examine that intersection differently to see if there is some way to get the signal pole away from that foundation area. 208 Mr. Moore said in talking with Jim Grube of Hennepin County it is in their 1995 program The motion passed 7-0. 9d. Traffic study No. 485: Fire lane designation at Suburban Plumbing Supply Resolution 94-165 By consent, adopt Resolution 94-165 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at 6363 State Highway 7." 9e. Grant application: Metro Cooperative Taxicab licensing Councilmember Friedman recalled that a number of years ago the Council decided to let the market determine the number of licenses, that it was not interested in giving out cab medallions such as done in other cities. He was not aware of any problems since that was done and the Police Chief concurred. He believed cab licenses had become political footballs in other cities. He didn't understand where the figures came from. It looked to him like the city was spending more for inspecting cabs than revenue received from the licenses to cover the costs. Mr. Meyer said the figures were an estimate from St. Paul staff. ' Councilmember Friedman said he felt the system was working well in the City and why get into a situation which currently is a big unknown. He felt a metro wide licensing system could be beneficial but certainly not based on current information Councilmember Dorfman concurred and was not about to endorse the grant application. She suggested it come to a study session for further exploration. Councilmember Jacobs said he'd like to get a better sense of what exists in other cities, something to compare this proposal to. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to bring to the Nov. 14 study session Councilmember Friedman suggested a friendly amendment wherein the City's costs and revenue be made part of any memo to Council. The motion passed 6-1 (Mayor Hanks opposed) 9f Request to solicit proposals for traffic consultant: Honeywell site There was a lengthy discussion on this item amongst which were residents' concerns over the big box concept, hours of operation, traffic, noice, pollution, rumors that the City was going to buy 209 up Blackstone neighborhood homes, that it was all a done deal and if the zoning is to be changed, what would it be changed to. There was concern expressed by Councilmembers that the City is not actively involved in what is going on on the site. Also concern that any traffic study Ryan conducts would be supportive of their concept. It was the concensus that a great deal of information needs to be gathered ay looked at. It was moved by Councilmember Friedman, seconded by Councilmember Latz, to defer any action until the Council gets a better idea of what the developer is proposing. The motion passed 7-0. 9g. Request for neighborhood meeting: Train noise Councilmember Latz said the South Oak Hill neighborhood is bedeviled by the cacaphony of railroad car switching in their backyards. He said he is working with a neighborhood resident and officials of the r a i 1 roads to try to work out a solution to the problem and that a neighborhood meeting is not the most strategically valuable approach at this juncture. He was asking for deferral of a neighborhood meeting until the aforementioned had an opportunity to get together and talk about the problem. The neighborhood is being apprised of all action being taken. It was moved by Councilmember Latz, seconded by Councilmember Young, to defer any neighborhood meeting until the aforementioned parties had a chance to meet. The motion passed 7-0. 9h. Minutes: Board of Zoning Appeals. Sept. 22 9i. Minutes: Planning Commission, Oct. 5 9j. Minutes: Planning Commission Oct. 19 9k. Minutes: Neighborhood Revitalization Commission Oct. 11 91. Minutes: Cable TV Advisory Commission Oct. 27 By consent, minutes ordered filed. UNFINISHED BUSINESS IOa. Boards and commissions 210 Councilmember Friedman asked if there were a cap on the number of terms one could serve on a board or commission. He asked that this be revisited as he was concerned that all the people who would like to be appointed don't have a chance oftimes. NEW BUSINESS 11 a. Change order No. 5: Excelsior Blvd. improvements Resolution 94-166 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94-166 entitled"Resolution pertaining to Change Order No. 5 for Project No. 93-23, Contract No. 3068." The motion passed 7-0. 11b. Portable radio purchase: Police Department Councilmember Friedman said he understood other cities had opted out of renting from the Sheriffs Department and he asked if it wouldn't be beneficial that this might be done on a joint venture with other communities to the mutual benefit of all. Chief Mitchell felt this had merit but that the department found itself in a bit of a catch 22 situation in that in the budget there is not funding for continuing to lease radios. Mr. Meyer felt that at the least a cooperative maintenance agreement could be explored among interested cities. Councilmember Young asked what value such radios might have after 5 years' usage. Chief Mitchell said with rapidly changing technology that was a hard call to make. He would anticipate there would be value but difficult to say what value. Councilmember Young asked if this went out for bid and the bid is higher than anticipated, even than the leasing option might suggest, would there be an opportunity to reconsider. Chief Mitchell said all bids can be rejected. Councilmember Dorfman asked why every police officer had to have his/her own radio. Chief Mitchell said in former years there were problems with lost radios, with accountability and additional maintenance costs. Also an oncoming shift may come on when the shift on the street is entirely busy and their is no opportunity for pass-along. However, the main reason is for accountability. Councilmember Friedman said that when the contract is up, they will still have radios in the event re-bidding is necessary. Lt. Larry Sewall said that was correct as part of the County contract runs until mid-1995. 211 Councilmember Latz wondered why radios were not assigned when going on duty and returned when going off It seemed like a lot of radios for only 20-23 officers on duty at any given time. Chief Mitchell said the radios were used by others than just officers. He could not be specific but said that all but 4 spare radios were assigned at any given time. It was moved by Councilmember Haun, seconded by Councilmember Friedman, to approve and authorize development of plans and specifications and go out to bid. The motion passed 7-0. 11c. Bid tabulation: Purchase of granular activated carbon In answer to a question from Mayor Hanks, Mr. Moore said this was the first time the City could purchase from a company other than Calgon and this bid was even less than paid before. It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to execute a contract with Elf Atochem North America. The motion passed 7-0. MISCELLANEOUS 12a. Damage claims Glen Peterson, Evelyn Johnson By consent, claims referred to City Clerk and City Manager 12b. Communications from the Mayor Mayor Hanks reminded Council of the study session on Mon.,Nov. 14 and joint meeting with the School Board on Nov. 9. 12c. Communications from City Manager No report. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the verified claims were approved and checks authorized to be distributed in the following amounts: Vendor claims: $723,169.45 and payroll claims $19,299.07. 13b. Contract payments 11 212 1. Final. DMJ Corp., parking lots. Amount: $3,269.08 (Resolution 94-167) 2. Final: Automatic System, utility control panel. Amount: $45,781.50(Resolution 94-168) 3. Final: Plumbing&Heating Repair, lead water service replacement. Amount: $32,085.46 (Resolution 94-169) By consent, final payments approved by resolution 4. Partial payments: 4. Pitt-Des Moines, new elevated Tank No. 2 Amount: $76,475 5. Progressive Contractors, pavement rehabilitation/concrete work. Amount: $27,807.46 6. GMH Asphalt Corp, Virginia Ave. paving, Flag Ave. watermain, Raleigh Ave./W. 35th St. paving; Raleigh Ave. watermain. Amount: $79,076.83 7. Municipal Builders, pump house W439 construction. Amount: $23,749.05 8. Hardrives, Inc., street reconstruction, street lighting, traffic signal system. Amount: $642,635.26 By consent, approve and authorize payment. 14. Adjournment The meeting adjourned at 10.30 p.m. 4a _ M,(or Lyle Hanks a .k ti)svutP\. Recording Secretary 213