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HomeMy WebLinkAbout1994/02/22 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA February 22, 1994 1. Call to order The meeting was called to order by Mayor Pro Tem Friedman 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 Allen Friedman. Also present were the City Manager (Mr . Meyer) ; Deputy City Attorney (Ms . Pace) ; Director of Public Works (Mr . Grube) ; Director of Community Development (Mr . Hagen) ; Planning Coordinator (Mr . Rye) ; Assistant to the City Manager (Mr . Larson) . 4 . Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the February 7, 1994 Council meeting with the following corrections : pg. 18, corrections in the spelling of names : Valick should be Fallek; Lindt should be Lynn; Buggan should be Beugen; pg. 19 Diane Lefty served with a group of citizens reviewing the deer issue. The motion passed 5-0 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the February 7, 1994 study session. The motion passed 5-0 . 5 . Approval of agenda It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve the consent agenda. The motion passed 5-0 . It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the agenda for February 22, 1994 . The motion passed 5-0 . PUBLIC HEARINGS None. 26 City Council meeting February 22, 1994 PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Fire First Alarm Response Agreement Resolution 94-20 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution 94-20 entitled "Joint Powers Agreement between the Cities of St . Louis Park, Golden Valley and Hopkins to provide first alarm fire response. " Councilmember Latz referenced paragraph 4 on page 3 of the resolution and inquired if insurance costs had been ascertained. Mr. Meyer said all three cities are covered under the League of Minnesota Cities Trust and additional insurance is not required. The language in the resolution is to cover participant cities in the future should any one drop out of the League Trust . The motion passed 5-0. 8b. Void 8c. Deer Management Program Finding of environmental impact III Joanne Murphy, 4921 Vallacher Ave. , St . Louis Park, presented the Council with a packet of alternative solutions to the deer management program. Councilmember Latz referenced paragraph 4c in the Findings of Fact section of the resolution and asked if there had been any deer/car accidents. Mr. Meyer said staff is aware of a number of deer/car accidents but no data is available for comparative purposes. Councilmember Dorfman asked the City Attorney how the Council could determine that the petition filed with the State was valid. Ms . Pace explained the procedure for filing of a petition with the State and the process which then is followed. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 94-21 entitled "Resolution concerning the need for environmental review of a deer management program at Westwood Hills Environmental Education Center and surrounding area. " 1 27 City Council meeting minutes February 22, 1994 The motion passed 5-0 . REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Housing Authority minutes Jan. 11 9b. Planning Commission minutes Feb. 2 9c. Board of Zoning Appeals minutes Jan. 27 9d. Neighborhood Revitalization Commission minutes Jan. 26 9e. January finance report Items 9a-9e ordered filed by consent . UNFINISHED BUSINESS 10a. Boards and commissions No business 10b. Deer Management Policy and Program Resolution 94-22 The following individuals addressed Council on this item: Roger Bordeau, 3233 Oregon Ave. So. ; Allan Beugen, 1673 Westwood Hills Dr. ; Dominic Slavenkov, 3675 Independence Ave . ; Joanne Murphy, 4921 Vallacher Ave . ; Rob Potteigel, 3413 Quebec Ave . So. ; Todd Midstokke, 2925 Kentucky Ave. So. ; Chris Rice, 3675 Independence Ave . So. ; Don Skoro,\ 2008 Utah Ave . So. ; and Dick Johnson, 8108 West Franklin Ave. It was moved by Councilmember Young, seconded by Councilmember Jacobs , to approve the deer management policy and adopt Resolution 94-22 . Councilmember Dorfman recalled Council ' s action to preserve the land around Cedar Manor School by not allowing development and yet tonight the Council is being requested to destroy wildlife . She felt this to be an inconsistent policy. She felt it was naive of anyone to believe that what was being proposed was going to resolve the problem and used the experience in Bloomington as an example of non-success . She would not be comfortable with an annual shoot for St . Louis Park, preferring exploration of other measures as a first step. Councilmember Young said that after attending numerous neighborhood meetings on the deer issue as well as speaking with numerous constituents, he had arrived at two requirements for a final solution to the problem: (1) any solution would have to involve an understanding that reduction in the size of the herd was imperative ; and (2) everything possible must be done to reduce the lethal destruction of the deer, now or in the future. 28 He said the policy being discussed tonight is very much a refinement of the proposal that was discussed in October of 1993 and incorporates the two imperatives he had mentioned plus a number of new elements intended to answer objections to a deer management program. Councilmember Jacobs concurred with what Councilmember Young said and was concerned about the Nature Center being virtually destroyed with the deer eating everything in sight. Councilmember Latz was in favor of a regional response to the deer problem which is not limited to St . Louis Park. He felt a good deal of research would be needed before a contraception program could be looked into , if indeed it ever becomes available . He asked if a contraception solution is not in place by later 1995, would that foreclose use of sharpshooters in the Spring of 1995 should the herd once again increase in numbers. Mr. Meyer said it would not foreclose that option. The intent is to reduce the herd size down to DNR-recommended standards. If the goal of immunocontraception is not attainable, the option for reduction by sharpshooting remains but this is not intended to be a continuing program through 1995 . Councilmember Dorfman referenced Section 3 "Deer Management in Other Locations" and suggested a change in language . She would prefer to wait until experience at Westwood is reviewed before carrying out a policy City-wide. Councilmember Jacobs agreed and felt before City staff proceeds with herd management by any means on public property other than the Nature Center, he would like that to come back to Council first . Councilmember Latz asked if each time this occurs , would an environmental assessment worksheet be required. The City Attorney said that was a definite possibility. Councilmember Young was agreeable to the language in Section 3B being modified, but that Section 3C contained sufficient restrictions and the language should remain as written. Councilmembers Dorfman and Friedman felt any herd management other than at the Nature Center should first come to the Council for review and decision. Councilmember Latz was concerned about the time, effort and money involved should an environmental assessment be necessary each time a request for City intervention in herd management is received. The City Attorney wished to reserve judgment . She said anyone can file a petition , each of which would have to be reviewed individually in light of the resolution that Council passedII 29 stating that an EAW is not required at this time. Mayor Pro Tem Friedman asked if Councilmembers Young and Jacobs would be amenable to a friendly amendment to their motion wherein language in 3B and 3C be modified so that any plan or request for herd population reduction be reviewed first by Council before any action is taken . Both Councilmembers so agreed to the language modification. The motion passed 4-1 (Councilmember Dorfman opposed) . In answer to the question as to how and when the program will be enacted, Mr. Meyer said bait stations will be set up at remote locations at the Nature Center, the shoot to be done only when the Center is closed. Signs will be posted and remain in place throughout the shoot . All precautions to ensure safety to individuals will be enacted. Councilmember Young invited all interested persons to contribute to the Deer Fund which will be used to help defray costs associated with herd management such as immunocontraception, feeding stations, etc . He also will personally match up to the first $500 dollars contributed. Mayor Pro Tem Friedman asked that remarks he made at the end of this item be included in the minutes, i .e . , that the difficult solution arrived at by Council was based on input from staff, the DNR, people opposed to Council ' s initial action and other interested citizens, all of whom provided the Council with an abundance of information. Based on that information, he and each of his colleagues , whether voting for or against, made their decision on their own. 10c. W. 26th/Kipling Ave. Stop signs It was moved by Councilmember Jacobs, seconded by Councilmember Latz , to accept staff ' s report for filing which recommended retention of stop signs along W. 26th St. at Kipling Ave. The motion passed 5-0 . NEW BUSINESS 11a. City Engineer' s report Reconstruction of municipal Resolution 94-23 parking lot : Minnetonka Blvd. at Louisiana Ave. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-23 entitled "Resolution accepting the City Engineer' s report, establishing improvement project No. 94-02A and directing staff to pursue a variance on the setback requirements from the City' s Zoning Ordinance for the southerly lot . " The motion passed 5-0 . 30 11b. City Engineer' s report Reconstruction of municipal Resolution 94-24 parking lot : W. Lake St . and Dakota Ave. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-24 entitled "Resolution accepting the City Engineer' s report, establishing improvement project No. 94-02C and authorizing staff to sponsor a neighborhood meeting for affected property owners and setting a public hearing date. " The motion passed 5-0 . lic. Contract extension Reilly Tar & Chemical Corp. labora- tory services Mr. Meyer noted this was a professional services contract and did not require going out for bid. It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to extend the contract with Rocky Mountain Analytical Laboratory. The motion passed 5-0 . llc. County/City Cooperative Agreement Tower Place public Resolution 94-25 improvements It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94 - 25 entitled "Resolution II authorizing execution of a cooperative agreement with Hennepin County establishing responsibility in the construction, operation and maintenance of public facilities along Excelsior Blvd. , Park Center Blvd. and T.H. 100 . " Councilmember Latz noted acquisition of necessary rights-of-way and/or easements and asked if this had been budgeted for. Mr. Grube responded that staff is negotiating for donation of all land involved. Councilmember Latz was concerned what would happen if the land was not donated. What position would the City then be in. Councilmember Jacobs thought these acquisition aspects were a part of the development agreement with Park Nicollet; he was not aware there were any options available , i . e . to acquire the necessary easements or not acquire them. The City Attorney suggested insertion in the resolution approving the agreement a provision that it would be subject to City Attorney review. Mr. Grube said the last property being negotiated is Miracle Mile and is an assessable element of the project back to the developer under agreements of the City/EDA and developer. 31 Mayor Pro Tem Friedman clarified that should easements/rights-of- way not be donated, any purchase costs will be reimbursed to the City. The motion passed 5-0 . , City Council meeting minutes February 22, 1994 lle. City Engineer' s report Air handling system at MSC Resolution 94-26 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 94-26 entitled "Resolution accepting the City Engineer' s report, establishing project No. MB-90-23 , ordering the improvement, approving plans and specification and authorizing advertisement for bids for Improvement No. MB-90-23 . " The motion passed 5-0 . MISCELLANEOUS 12a. Damage claims - None 12b. Communications from Mayor Pro Tem - None 12c. Communications, from the City Manager - None CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, the list of verified claims prepared by the Director of Finance dated Feb. 22, 1994 was approved and checks authorized to be distributed in the following amounts : Vendor claims : $377, 972 . 84 and payroll claims $16, 952 . 96 . 14 . Adjournment The meeting adjourned at 9 :15 p.m. A/ge ;Irr s� Mayor Pro Tem F iedman SLIM cording Secretary 32