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HomeMy WebLinkAbout1994/12/05 - ADMIN - Minutes - City Council - Regular (2) MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 5, 1994 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 at roll call: Jeff Jacobs, 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 Director of Public Works(Mr. Moore); Director of Parks and Recreation(Mr. Gears); Director of Finance(Ms. McBride); Personnel Officer(Mr. Wysopal); Police Chief(Mr. Mitchell) and Director of Inspections (Mr. Petersen). 4. Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of December 5, 1994 with a correction to item 8b to clarify Councilmember Jacobs' motion wherein it was not his intent to direct staff to come up with a workable solution and to delete that and insert after"Mr. Martin" .. to review any solutions that are brought forward by the landowner. Mr. Latz noted that Metropolitan Waste Control Commission has a new name: Metropolitan Council Waste Water Services. The motion passed 5-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to approve the minutes of the study session of November 28, 1994 with a correction in item 5, the remarks of Councilmember Latz were attributed to Councilmember Young. The motion passed 5-0. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to approve the minutes of the Truth in Taxation hearing, November 30. The motion passed 5-0. 5. Approval of the agenda It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the consent agenda for December 5 with the removal of 13b6. The motion passed 5-0. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the agenda for December 5. The motion passed 5-0. 225 City Council meeting minutes December 5, 1994 PUBLIC HEARINGS 6a. Application of Martin Cheng, dba Peking Duck House Restaurant, for an an on-sale liquor license to sell 3.2 beer at 8140 Highway 7 (former House of Tran) 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 Latz, seconded by Councilmember Jacobs, to approve the application. The motion passed 5-0. 6b. Vacation: Tower Place 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 approve first reading, set second subject to relocation of the proposed watermain and an easement over the relocated section of the watermain being conveyed to the City. The motion passed 5-0. 6c. Interim ordinance regulating the establishment, development, location or relocation of adult-oriented businesses in the City and directing that a study be conducted 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 Jacobs, seconded by Councilmember Young, to approve first reading, set second for December 19, 1994 and authorize summary publication. Councilmember Dorfman asked if the study were to be completed within one year Mr. Meyer said that was correct. She asked if during that period was it true that no establishments could either add new adult uses nor could they expand their current facility where adult uses are sold. Mr. Meyer said that was correct. She asked how adult use establishments are to be notified of this one-year_moratorium. 226 City Council meeting minutes December 5, 1994 Mr. Meyer said currently there is only one establishment the City considers to be an adult use under the old ordinance. Councilmember Dorfman asked about any commercial business where adult magazines are sold. Would they also be bound. Mr. Meyer said yes. She asked for clarification on how the process would move forward. Mr Meyer said the City Attorney and staff will be asked to bring recommendations to the Planning Commission. In addition work will be done in concert with Hopkins and Minnetonka. Hopkins is working with a consultant who has been asked to put together an informal proposal as to what it would take to address the three cities. The motion passed 6-0. PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance amending the St. Louis Park Ordinance Code related to sewer rates Ordinance No. 94-2011 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 94-2011 entitled"An ordinance amending the St. Louis Park Municipal Code related to the sewer rates, Section 9-231." The motion passed 5-0. 8b. Amendment to gambling ordinance related to notification of residents It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt alternative No. 2, i.e. approve first reading providing for notice to be mailed to owners of record for residential property, houses of worship and schools, set second reading for December 19 and authorize summary publication. Councilmember Young felt strongly that if pulltab operations are allowed in the City, as much of the proceeds as possible should be kept in St. Louis Park He felt this amendment would make it easier for pulltab operations to be set up in the City. He was not satisfied that there were sufficient complaints from residents being polled to substantiate this amendment. He would like to have a 227 City Council meeting minutes December 5, 1994 study session on the issue of keeping more of the proceeds from pulltab operations in St. Louis Park. Councilmember Jacobs said he had heard complaints from residents of security buildings that people planning a pulltab operation had gotten in. He felt with this amendment, everyone would be receiving notice and they could make their opposition known at that time. The motion passed 4-1 (Councilmember Young opposed). 8c. Resolution ordering installation of 4-way stop signs at Wyoming and W. 35th St. Resolution 94-177 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 94-177 entitled"Resolution authorizing installation of stop signs on W. 35th St. at Wyoming Ave., Traffic Study No. 484. Councilmember Latz suggested a change in the language of the resolution to read: Placement of 4-way stop signs on W. 35th St. and Wyoming Ave. The motion passed 5-0. 8d. First reading of ordinance adopting the 1995 budget It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second for December 19, 1994 and authorize summary publication. The motion passed 5-0. 8e. First reading of ordinance relating to modification of inspection fees It was moved by Councilmember Jacobs, seconded by Councilmember Young, to approve first reading, set second for Dec. 19, 1994 and authorize summary publication. The motion passed 5-0. Councilmember Latz hoped that if negotiations proceed positively with Hopkins, changes in the fee structure be considered so that the City breaks even rather than getting into a revenue generating situation. Mr. Meyer said staff's intent was to keep negotiations with Hopkins at an informal level at this point. 228 City Council meeting minutes December 5, 1994 Councilmember Jacobs said if something is brought back to the Council, assuming something is put together with Hopkins, that staff look at the actual costs so that businessess are not being charged more than we need to. He, too, wanted to see administrative costs covered. Councilmember Dorfinan agreed and felt one of the reasons for collaboration is to provide service(s)to a neighbor and if additional revenue is generated, that's all the better. 8f. Second reading of ordinance amending the liquor ordinance Ordinance No. 94-2010 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Ordinance No. 94-2010 entitled "An ordinance amending the St. Louis Park Municipal Code related to liquor licensing, Sections 13-327 (Dec. 24), 13-333 101 (temp. intox.) Sections 13-329 and 13- 115 3- 115 (revocation/suspension/civil penalty) and authorize preparation of an ordinance to include the provision that licensees need not be United States citizens, set for first reading on Dec. 19 and authorize summary publication. The motion passed 4-1 (Mayor Hanks opposed). 8g(1). Proposed compensation plan for non-union employees Resolution 94-178 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-178 entitled"A resolution revising the position classification and compensation plan and amending Resolution 93-191 effective January 1, 1995." The motion passed 5-0. 8g(2). 1995 employee benefit package Resolution 94-179 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 94-179 entitled"Resolution establishing city contribution toward employee cafeteria benefits plan for non-union/non-supervisory and supervisory employees for 1995 and amending Resolution 93-195." The motion passed 5-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 229 City Council meeting minutes December 5, 1994 9a. Recreation Center consultant selection Councilmember Dorfinan asked if it were correct reimburseables are not included as part of any bid amount and did all the bidders in this instance cap their reimburseables. Mr. Meyer said travel expenses, telephone calls, photocopying are reimbursable. Capping is up to the company submitting. She said the two applicants from out of state had capped their reimburseables at $5,000 and she wondered if in the future the reimburseables should be considered as part of the bid because clearly out-of-state companies are going to have higher reimburseable expenses. In answer to a question from the Mayor, Mr. Meyer said it was staff's intent that the main components of the proposal, the ice and aquatics, be separable so the Council can know what the cost is of each item. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the selection of the design team of Water Technology/HGA Architects/Leisure Concepts to provide conceptual design services for improvements to the St. Louis Park Recreation Center and the execution of a contract not to exceed $27,000 plus reimburseable costs. The motion passed 5-0. 9b. Residential special assessment rates for 1995 Councilmember Dorfman asked if by keeping the assessment rate the same, are they being assessed less than the project cost. Mr. Moore said the rate fluctuates dependent on the individual project. The 60/40 split has been fairly consistent but some are higher, some are lower. It is based on an average. Mr. Meyer said it was difficult to set the rates, for example there were no projects in 1994. Ford Rd. in 1995 is a MSA-funded project and no others are anticipated for 1995. A base of experience should be used to set the rates. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to retain the 1994 assessment rate for residential street construction at $16.00 per assessable foot. The motion passed 5-0.. 9c. Purchasing and contracts 230 City Council meeting minutes 7, December 5, 1994 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to table and send the report back to the Charter Commission for review. The motion passed 5-0. 9d. PUD amendment: Tower Place Resolution 94-180 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-180 entitled "A resolution approving an amendment to the final Planned Unit Development (PUD) under Section 14:6-7 of the St. Louis Park Ordinance Code relating to zoning for property zoned"0" office, C-2 Commercial and R-C High Density Multiple Family Residence Districts located at the northeast quadrant of Excelsior Blvd. and Hwy. 100." The motion passed 5-0. 9e. Solicitation for traffic consultant for Honeywell site redevelopment It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to direct staff to solicit proposals for a traffic consultant. The motion passed 5-0. 91 Void 9g. Traffic Study 486: Fire lane designation. Aquila Primary Center, 8500 W. 31st St. Resolution 94-181 By consent, adopt Resolution 94-181 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at the Aquila Primary Center, 8500 W. 31st St." 9h. Traffic Study 487: Fire lane designation at Cedar Manor Intermediate Center, 9400 Cedar Lake Rd. Resolution 94-182 By consent, adopt Resolution 94-182 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at the Cedar Manor Intermediate Center, 9400 Cedar Lake Rd." 9I. Traffic Study 488: Fire lane designation at Central Community Center, 6300 Walker St. Resolution 94-183 231 City Council meeting minutes December 5. 1994 By consent, adopt Resolution 94-193 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at the Central Community Center, 6300 Walker St." 9j. Traffic study 489: Fire lane designation at Eliot Community Center, 6800 Cedar Lake Rd. Resolution 94-184 By consent, adopt Resolution 94-184 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at the Eliot Community Center, 6800 Cedar Lake Rd." 9k. Traffic study 490: Fire lane designation at Peter Hobart Primary Center, 6500 W. 26th St, Resolution 94-185 By consent, adopt Resolution 94-185 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at Peter Hobart Primary Center, 6500 W. 26th St." 91. Traffic study 491: Fire lane designation at Susan Lindgren Intermediate Center, 4801 W. 41st St. Resolution 94-186 By consent, adopt Resolution 94-186 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at Susan Lindgren Intermediate Center, 4801 W. 41st St." 9m. Traffic study 492: Fire lane designation at St. Louis Park Senior High, 6425 W. 33rd St. Resolution 94-187 By consent, adopt Resolution 94-187 entitled"Resolution authorizing placement of traffic control signs establishing fire lanes at St. Louis Park Senior High." 9n. Planning Commission minutes Nov. 16 By consent, receive for filing UNFINISHED BUSINESS 10a. Boards and commissions Interviews to be held on Dec. 12 and Dec. 19. NEW BUSINESS 232 City Council meeting minutes December 5, 1994 11a. Police towing contract John Madison, Uptown Towing, spoke about the towing contract. His concern was that a bid had been accepted which was not sealed, a clear violation of the bid requirements. He felt that after computation, he was the lowest bidder. Also, he felt no outside towing service can compete because of lack of space to impound cars. Dick Hughes, All Hours Towing, felt the bid placed inside the envelope, secured with a clip and handed directly to Lt. Aronson and thereafter time/date stamped was sufficient. He felt it advantageous for his company to be hired as they live in the City, work in the City, pay taxes and can provide a quicker response time. - Mayor Hanks asked the City Attorney's opinion. He said there is no case law of which his firm is aware saying the City must reject the bids and no case law which makes it clear the City can accept bids. He felt Council's concern, based on the facts, is whether there was any advantage or prejudice to a bidder. His advice would be that Council has the discretion to find that it is a minor irregularity or to reject all bids as provided in the specifications. Councilmember Jacobs said his view, if indeed the envelope is sealed with a metal clip, Council in its discretion could rule it was a sealed bid. Rejection of all bids would materially affect the bids and give advantage to one side or another now that they have been opened and everyone knows what the bids were. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to authorize execution of a contract with All Hours Towing. Councilmember Young asked if someone could review the facts. Chief Mitchell said no bids were opened until both of the envelopes were date/time stamped and then were opened in the presence of all parties. First opened was Uptown followed by All Hours. There is no way an irregularity could have occurred. Mr. Meyer noted that Lt. Aronson did not realize the envelope was not sealed until he opened it. Councilmember Latz recommended more specificity in the advertisement for bid so bidders know what is going to take place and how the bids will be calculated. He felt it important the amount of time needed to respond to a call for a tow so that officers were not taken off the streets to sit waiting for a tow truck. Councilmember Young asked if the $5.00 per tow covered administrative costs and any inflationary increases. 233 City Council meeting minutes December 5, 1994 Chief Mitchell said the $5 per tow has not changed in quite a number of years and is variable based on snowfalls, number of arrests, etc. It is felt costs are sufficiently covered. Councilmember Young would encourage as many bidders as possible and perhaps other bid processes throughout the City could be examined in light of this bid process. The motion passed 5-0. MISCELLANEOUS 12a Damage claims None 12b Communications from the Mayor Mayor Hanks gave a brief update on the Congress of Cities held in Minneapolis. 12c. Communications from the City Manager None. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, approve and authorize payment in the following amounts: Vendor claims: $466,654.68 and payroll claims: $36,032.16. 13b. Contract payments Councilmember Latz referenced the Pittsburg Tank& Tower resolution, and asked since there was a liquidated damages reduction in the original contract amount, is the$18,600 payment in full. Mr. Meyer said that was correct, the liquidated damages have been subtracted. He moved approval of that claim. The following contract payments were approved by consent: 1. Final. Valley Paving: Mill overlay, Park Place Blvd. Amount: $1,582.24 (Resolution 94-188.) 2. Final: Municipal Builders: Pump house, W439 construction. Amount: $28,500.95 (Resolution 94-189) 234 City Council meeting minutes . , ,, . , 111 December 5, 1994 3. Final: Thomas& Sons Construction: Random concrete replacement, City-wide. Amount: $17,007.51. (Resolution 94- 4. Final: GMH Asphalt Corp.: Virginia Ave. paving;Flag Ave. watermain;Raleigh Ave. & W. 35th St. paving; Raleigh Ave. watermain. Amount: $22,237 93 (Resolution 94-191). 5. Final: Thomas& Sons Construction: Sanitary sewer&watermain construction. Amount: $28,990.10 (Resolution 94-192). 6. Final: Pittsburg Tank& Tower: Tower removal (Excelsior Blvd./Park Center Blvd.) Amount: $18,600 (Resolution 94-193) By consent resolutions of approval adopted. 7. Partial: Progressive Contractors. Pavement rehabilitation& concrete work. Amount: $8,545.68 8. Partial: Hardrives, Inc.: Street reconstruction, street lighting, traffic signal systems, Excelsior Blvd. Streetscape. Amount: $199,856.08. By consent, approve and authorize payment. 14. Adjournment The meeting adjourned at 9:00 p.m. 14 / a,v'k') Mayor anks 010 l F, tecording Secretary 235