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HomeMy WebLinkAbout1994/08/01 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST LOUIS PARK CITY COUNCIL Monday, August 1, 1994 1 Call to order Mayor Hanks called the meeting to order at 7:30 p m 2 Presentations Mayor Hanks read a proclamation for"National Night Out, Tuesday, August 2, 1994" 3 Roll call The following Councilmembers were present at roll call: Jeff Jacobs, George Haun, Allen Friedman, Robert Young, Gail Dorfman and Lyle Hanks Also present were the City Manager(Mr Meyer), City Attorney(Mr Sheehy); Director of Community Developmen (Mr Hagen); Engineering Supervisor(Mr Moore) and Assistant Fire Chief(Mr. Stemmer). 4 Approval of minutes It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to approve the minutes of the July 18, 1994 Council meeting The motion passed 4-0-2 (Councilmember Young, Mayor Hanks abstained). It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to approve the minutes of the City Council study session held July 25, 1994 The motion passed 5-0-1 (Councilmember Young abstained) 5 Approval of agenda It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to approve the consent agenda for August 1, 1994 with the following deletion and addition to the regular agenda Item 12a The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for August 1, 1994 140 • City Council meeting minutes August 1, 1994 The motion passed 6-0 PUBLIC HEARINGS 6a. Temporary liquor license Holy Family Fall Festival 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 Friedman, seconded by Councilmember Jacobs, to approve The motion passed 6-0 6b Temporary liquor license Jewish Community Center 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 fiiture date It was moved by Councilmember Friedman, seconded by Councilmember Dorfinan to approve The motion passed 6-0 6c. Change in Ward boundaries The proposal is to change the boundary between the Wards 1 and 2 so that it would run along Minnetonka Blvd In addition, it is proposed to add a new precinct to Ward 1. Theresa Samudio, 2947 Quentin, spoke in favor of the proposal. Most of the people in this immediate area identify more with Ward 1 than with Ward 2 Leonard Getsken, 2912 Glenhurst, spoke in favor of the proposal as well There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it at a future date Councilmember Haun said there were no political implications in this, it is an attempt to bring the Neighborhood Revitalization Program into closer proximity with the residents involved 141 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve first reading, set second for August 15, 1994 and authorize summary publication The motion passed 6-0 Councilmember Young asked about realignment of other Ward boundaries as had previously been discussed. Councilmember Friedman said this alignment was not a question of population; rather purely based on the fact that requests had been received from residents who more clearly identified with another Ward He felt consideration of other Ward realignment could be looked after the completion of the census Mr Meyer noted the effective date of change was January 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to authorize preparation of a resolution adding a new polling place for Ward 1 Councilmember Dorfman noted that the new boundaries would remain in compliance with State Statutes The motion passed 6-0 , It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to authorize preparation of a resolution adding new polling place and precinct lines for Ward 1. The motion passed 6-0 6d Vacation Utility easement west end of Knollwood Mall 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 Haun, to approve first reading and request that staff bring the ordinance back for second reading at such time as the water line relocation has been completed and an easement granted, and authorize summary publication. The motion passed 6-0 6e Vacation Sidewalk at 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 Haun, seconded by Councilmember Jacobs, to approve first reading, set second for August 15, 1994 and authorize summary publication 142 • The motion passed 6-0 PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a. Police contract Resolution 94-101 Councilmember Young commended inclusion of a flexible benefit program for employees He asked if the plan included health care reimbursements, daycare reimbursements Mr Wysopal said the City has a flexible spending program which would be blended into the cafeteria plan It was moved by Councilmember Young, seconded by Councilmember Haun, to adopt Resolution 94-101 entitled "Resolution approving the labor agreement between the City of St Louis Park and the Law Enforcement Employees' Union Local 320 and establishing salaries and insurance contributions for the years ending December 31, 1994 and December 31, 1995. The motion passed 5-0-1. 8b Building heights in C-2 District Ordinance 94-2002 Councilmember Young noted that this affects one building only in Ward 4 In the event the building should burn, it can't be built to the same height as before The reason for that provision is that 75 ft. is the height to which most fire ladders can reach safely He felt this was a valid provision in the ordinance which was passed in 1992 and he could not support this amendment to the ordinance at this time. Mayor Hanks asked what would happen if the tower in Shelard Park burned. Mr. Hagen said that building could be rebuilt to 22 stories because the zoning is Office, not C-2 It was moved by Councilmember Friedman, seconded by Councilmember Haun, to adopt Ordinance No 94-2002 entitled "An ordinance amending the St Louis Park Ordinance Code relating to zoning by amending Section 14 5-5 3(G)(1) The motion passed 5-1 (Councilmember Young opposed) 8c. Resolution naming election judges Resolution 94-102 143 It was moved by Councilmember Friedman, seconded by Councilmember Jacobs, to approve Resolution 94-102 entitled "A resolution designating election judges and polling places for the September 13, 1994 primary election." The motion passed 5-0 8d Frauenshuh development Ordinance amendment Resolution 94-103 Richard Wicka was present to answer questions and briefly described the changes It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt resolution 94- 103 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 Highway 100 The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. Temporary parking restrictions Holy Family Fall Festival Resolution 94-104 It was moved by Councilmember Jacobs, seconded by Councilmember Friedman, to adopt Resolution 94-104 entitled "Resolution authorizing temporary parking restrictions along W Lake St between Zarthan Ave and Alabama Ave" The motion passed 6-0 9b Signal: Excelsior/Monterey/W 38th Coop agreement with Hennepin County Resolution 94-105 It was moved by Councilmember Haun, seconded by Councilmember Friedman, to adopt Resolution 94- 105 entitled "Resolution authorizing execution of cooperative agreement No. PW-33-05-94 with Hennepin County establishing responsibility in the construction, operation and maintenance of the Excelsior Blvd (CSAH3)/Monterey Dr/W 38th St traffic signal system" The motion passed 6-0 9c Minnetonka Blvd./Hampshire Ave Traffic signal 144 It was moved by Councilmember Friedman, seconded by Councilmember Young, that a resolution of approval be prepared and brought back to the Council Mayor Hanks asked if a survey had been done of how many people actually cross Minnetonka Blvd at Hampshire Mr. Moore said staff has done a study and found significant numbers of people using that intersection not only from the neighborhood but others who park their cars there and proceed to Lenox. Councilmember Friedman said he has a tough time getting across the intersection on most occasions. Cars do not slow down for people in crosswalks. Councilmember Dorfman asked if the City did proceed and had someone do design work, would this preclude any involvement with the County Mr Meyer said the City wouldn't preclude involvement with the County if some study were done; however the County has put the City on notice that because it's not a warranted signal, they will not participate in a cooperative agreement. The City will continue to try to persuade the County both to approve the signal as well as funding for it, but he felt it a reasonable expectation that it will probably be financed totally by the City Councilmember Friedman felt there is great expectation that the County might see it clearly to allow the elderly, who also vote in County elections, have the benefit of a signal at this intersection. That might be County staff's opinion, but does not necessarily reflect the opinions of the County Board. He felt if there was some need for Council to be involved at the political level, that the rest of Council would be willing to contact them-- certainly he would. The motion passed 6-0 Councilmember Friedman felt it appropriate that the City Manager let Lenox know of the Council's action tonight and perhaps suggest the seniors may wish to talk with their representative on the County Board 9d County Road 25/County Road 5 Request for MSA funds Staff wishes to request Municipal State Aid funds to finance permanent traffic signals at Hwy 7 and Minnetonka/Lake St It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94-106 entitled"Resolution requesting appropriation of Municipal State Aid funds"off-system" for the County Road 5 and 25 intersection traffic signal system S A P 163-20-23, City Project No 93-10 " The motion passed 6-0 145 It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to adopt Resolution 94- 106 entitled "Resolution requesting appropriation of Municipal State Aid funds"off-system" for the County Road 5 and 25 intersection traffic signal system S A.P 163-2023, City Project No. 93-10." The motion passed 6-0 9e. Minutes: Planning Commission` By consent, minutes ordered filed. UNFINISHED BUSINESS l0a Boards and commissions Mayor Hanks said a letter has been received from Bob Bennett who will be resigning from the Fire Civil Service Commission upon completion of his term on October 1 10b Academy of Family Mediators Pulitabs at Gipper's Resolution 94-100 It was moved by Councilmember Haun, seconded by Councilmember Dornan, to adopt Resolution 94-100 entitled "A resolution of the St. Louis Park City Council approving issuance of a premises permit for the conduct of lawful gambling " Linda Wilkerson was present to answer questions Councilmember Young asked if the organization had done any projections on revenue of volume or volume of sales from pulltabs for the next year or so. Ms. Wilkerson said based on past experience they were projecting approximately $44,000 net for the next 12 months Gross would be $60,000 x 12 months Prizes come to about $60,000 per month Councilmember Young asked if the organization had made any plans or projections for sharing some of the proceeds with the community or its organizations. Ms. Wilkerson said they have in the works a December 1 conflict resolution symposium that the Board of Directors will be hosting A specific dollar allocation has not yet been set. Children First will be a collaborator in this symposium The motion passed 6-0 NEW BUSINESS 146 11 a Radio system, Fire Department Dwaine Bagley, Capitol Communications, was present to speak against rebidding the system. He reviewed the history of their involvement in upgrading the communications system at the new Police facility In general much of the equipment contained in that bid is the same as that required for the Fire Department Capitol offered to extend favorable pricing to the City for the Fire Department project but it was declined. In June another bid for the Fire system was submitted, the low compliant bidder, the only bidder. Because of the complexities of the system, very few two-way radio companies are capable of such an undertaking If they have to rebid, there is a possibility they will be penalized as- their pricing will have been divulged to competitors. A lengthy discussion ensued. Council concerns included budget constraints, in an effort to lower the bid price were substantial changes made in the contract that would require re-bidding; question of whether or not elements of a contract can be negotiated. Leonard Koehnen, consultant to the City on the Police and Fire communications systems, was present to address a number of complex and technical questions asked by Councilmember Friedman. He reviewed in detail the three components of the bid package. He said in an effort to seek more than one bid, which was what was expected, he fax out some 12 notices to communications companies throughout the Twin Cities. Six firms picked up specifications but the only bid received was from Capitol Communications Councilmember Friedman asked why would staff go out for a re-bid. Mayor Hanks responded because of concern that the City is not meeting the bidding requirements because others might want to bid if specifics of the package are changed. Mr. Meyer said specifications would not be changed; what would be adjusted would be the amounts to be awarded in order to bring it closer within budget as well as adjustments for specific line items.. Councilmember Friedman asked the City Attorney if the bid documents did indicate to the bidders that the City could eliminate certain items, it seemed to him that was the basis upon which it was bid or not bid. The City Attorney responded that if the bid specs clearly reserved the right for the City to pick and choose among the line items, and reasonable discretion were exercised, he believe the City would have a basis for going forward. However, he had not reviewed the documents It was moved by Councilmember Friedman, seconded by Councilmember Dorfman, to accept the bid of Capitol Communications subject to the review of the bid documents and approval by the City Attorney; if he approves, then allow staff to proceed -- if not, it comes back to the Council. During the interim, the City Attorney had had an opportunity to look at the bid specs and quoted from the general specifications"Add/Delete". "The City reserves the right to increase or decrease any line item or delete any item in its entirety due to budgetary constraints." His opinion was this provided some discretion, it leaves open the issue (a separate issue under State law) about how far one can go in substantial changes 147 The motion failed 3-3 (Councilmembers Jacobs, Young, Mayor Hanks opposed; Councilmembers Haun, Friedman, Dorfman in favor) Councilmember Jacobs was not comfortable with the City Attorney being the arbiter in this matter It was moved by Councilmember Jacobs, seconded by Councilmember Young, to accept the bid of Capitol Communications The motion passed 6-0 1 lb Change Order#2. Excelsior Blvd. improvements Resolution 94-107 It was moved by Councilmember Haun, seconded by Councilmember Jacobs, to adopt Resolution 94- 107 entitled"Resolution pertaining to Change Order No 2 for Project No. 93-23, Contract No 3068 " The motion passed 6-0 MISCELLANEOUS 12a. Damage claims Scott Hill Councilmember Young asked for details on this claim. The City Manager provided them stating the claimant had cut his foot on some object at the pool Councilmember Young said because he was relatively new on the Council, he would like to be provided with copies of damage claims It was moved by Councilmember Young, seconded by Councilmember Jacobs, to refer the claim to the City Clerk and City Manager The motion passed 6-0 12b Communications from the Mayor Mayor Hanks reviewed the City Manager's memo re upcoming meeting dates 12c Communications from the City Manager No communicatiqns CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Verified claims 1 148 By consent, the list of verified claims prepared by the Director of Finance dated August 1, 1994 was approved and payment authorized in the following amounts Vendor claims. $479,791 91 and payroll claims. $54,623 96 City Council meeting minutes August 1, 1994 13b Contract payments - Partial By consent, approve th't following partial payments and authorize payment. 1 Midwest Asphalt, north/south frontage roads CSAH 25 east of TH 100 Amount: $18,584 83 2 DMJ Corp , parking lots Amount. $101,074 52 3 Valley Paving, mill/overlay, Park Place Blvd Amount: $73,583 79 4 Hardrives, Inc , street reconstruction, street lighting and traffic signal systems Amount $167,979 53 14. Adjournment The meeting adjourned at 9.20 p m. W AlocAL .yor Hanks ecording Secretary 149