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HomeMy WebLinkAbout1995/12/18 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA December 18, 1995 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, Sue Sanger, Ron Latz, Robert Young and Gail Dorfman Also present were the City Manager(Mr. Meyer), Deputy City Attorney (Ms Pace), Director of Community Development (Mr Harmening), Director of Public Works (Mr Rardin), Assistant to the City Manager(Mr Larson), Director of Parks and Recreation (Mr Gears), Director of Finance (Ms McBride), Police Chief(Mr Mitchell) 4 Approval of minutes It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to i.N ove the minutes of the Truth in Taxation hearing of November 29, 1995. The motion passed 1-0 (Mr. Hanks cast his vote in favor, although not present, to pass the motion) It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the minutes of the City Council meeting of December 4, 1995. The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve the minutes of the study session of December 11 with the following correction Item 5, end of last sentence should read ."a contractual one rather than a partnership " The motion passed 6-0 5 Approval of agendas It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman to approve the consent agenda for December 18, 1995 with the removal of item 9g The motion passed 6-0 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda for December 18, 1995 The motion passed 6-0 By consent, reading of resolutions and ordinances was waived 230 PUBLIC HEARINGS 6a. Request of Paragon Cable to upgrade the cable TV system In answer to a question from Councilmember Dorfman, Mr. Larson explained what the requested upgrade would mean to the cable tv viewer in St. Louis Park and there was no particular obligation to move of the item this evening The timeline comes from the franchisee. Mr Wayne Knighton, General Manager of Paragon Cable, said if they did not commit to the electronics in calendar 1995, it may be 1997 or 1998 before they could Councilmember Sanger was somewhat troubled that Council had not discussed this at a study session and would prefer time to study it in more detail. Councilmember Young would like to see the upgrade uncoupled from a 6-10-year extension of the franchise 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 Young , seconded by Councilmember Sanger, to postpone consideration of this matter until after it is studied at the January 8 study session. Councilmember Jacobs would prefer to see the Council vote on the increase in the capacity of the system and defer the issue of extension of the franchise until that is taken up at a study session Councilmember Young could accept that as a friendly amendment with the understanding that that is doable from a legal and/or ordinance perspective Are the two items tied together by ordinance He did not believe it possible to take action on both items this year Mayor Hanks believed this action brought by the cable company was in answer to competition in the market place Councilmember Sanger asked what would happen if Council should not approve the franchise extension. Mr Larson said all would go along pretty much as it is today. Mr Meyer added the Cable TV Commission wanted to see a renegotiation of the franchise agreement earlier in the process and saw this as an opportunity to shorten it up In answer to a question from Councilmember Latz, Mr Larson said Paragon cannot bind the City into a 10-year extension by unilaterally upgrading the system Councilmember Latz then asked how the Cable TV Commission review of this matter differed from what would be a review at 11, time of franchise renegotiation 231 I Mr Larson said if the Council did not approve the upgrade plan tonight, the renewal process of the franchise would begin around March 1 (36 months from the end of the franchise). Simultaneously, Paragon would be preparing to submit another upgrade plan by July 1, 1996 and the Council would again be asked to approve or reject The City has the ability to continue with the renewal process The Cable TV Commission felt that a compromise of a 6-year extension rather than 10 years would be favorable for the City Councilmember Latz had additional questions could the franchise be extended just 3 years; has the commission identified at this time any special concerns with the franchise. Mr Larson said 3 years would have to be negotiated. Secondly, the FCC and Congress have removed much of cities' ability to do certain things such as regulate rates, customer satisfaction, service requirements, etc. Currently, there are standards that all cable companies must adhere to. Councilmember Latz felt a thorough review of the franchise was in the community's best interests and that efforts were not being duplicated by the commission and then the Council. Unless Paragon was willing to accept a shorter extension period, he would be inclined to support putting this item on a January study session agenda Councilmember Dorfman felt the upgrade was a benefit to the City and that there was time to review the terms of the franchise. While cognizant of the fine work done by the Cable TV Commission, she was not sure they should be in a negotiating position She was willing to vote gofor approval this evening. In answer to a question from Councilmember Young, Mr Knighton said Paragon contracts with each city independently The cost for the St Louis Park upgrade is $850,000, and the three remaining years of the franchise would not provide an opportunity to recover that cost If there is not channel capacity in St Louis Park to add services the public wants, they will miss the revenue opportunity from which the City benefits He wanted everyone to understand that they will not be upgrading the channel capacity in St Louis Park without the extension -- it is simply not financially feasible Mr. Larson noted the performance of Paragon has gotten progressively better -- they have met the standards set on a national level Dissatisfaction with the provider's performance could have a significant impact on franchise renewal negotiations. Councilmember Sanger asked if action were delayed at this time, but Council agreed to, hypothetically, next summer that it was satisfied to allow the upgrade and commit to an extension, would there then be anything to prevent the City from negotiating an extension of less than 10 years. Mr Meyer said if that were to be done, there is nothing to prevent an extension for less than 10 years, however, he felt the franchisee would probably not have any reason to want to negotiate something less than 10 years. Also, if a plan is submitted and the City doesn't unreasonably 232 withhold approval of the plan, there is language in the agreement that states the term will be extended for 10 years. Mayor Hanks said he would be concerned about the request and process if Paragon were not performing. However, he has an opportunity to visit all over the City and he hears nothing but good things about the company's performance. Councilmember Latz asked for clarification Is it true the City has very little input when it comes to the franchise review, i e. if the Council doesn't find some real dissatisfaction in the provider's services, it will automatically be extended for 10 years. Mr Larson said that was correct, the provisions call for an extension of 10 years if the company is performing and meeting the requirements -- technical, legal and financial. Councilmember Latz asked Mr Quilling, Cable TV Commission, if there was discussion by the commission about problems with the franchise agreement and potential areas for renegotiation Mr. Quilling said several items came up, but nothing specifically where it was said, "This should be changed." Because of new Federal laws, there is not all that much a city can do in terms of negotiating a franchise agreement Councilmember Jacobs felt discussion proposed for a study session had, in essence, been carried out this evening. He questioned whether it was a good idea to wait on taking action He felt the upgrade would be a plus to the City's consumers and he did not want to slow that down ill Although it would be preferable to wait on the extension, he clearly understood what Mr. Knighton was concerned about. Councilmember Young withdrew his motion as he felt the questions he had had been addressed this evening. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve Paragon's upgrade plan and authorize the company to increase the system capacity from 450 MHz to 550 MHz by March 31, 1996. The motion passed 6-0 PETITIONS, REQUESTS, COMMUNICATIONS None RESOLUTIONS AND ORDINANCES 8a Second reading of ordinance adopting the 1996 budget Ordinance No 95-2053 411 233 . It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt rOrdinance 95-2053 entitled"An ordinance adopting the budget for the 1996 fiscal year." Councilmember Latz said he had opposed first reading on December 4 and wanted to explain his position then He felt a 5% increase in the levy was too high and it would have been his preference to raise it no higher than the rate of inflation In light of the fact he lost on that item, he would support it at this time. , Councilmember Young urged Council and the staff to start looking now for savings throughout 1996. Mayor Hanks noted the City had not raised the levy in five years but shortfalls, both foreseen and unforeseen, forced this proposed increase. He wished Councilmember Latz well in his efforts next year to hold the levy to an increase commensurate with the cost of living increase The motion passed 6-0. 8b Second reading of ordinance adopting the 1995 revised budget Ordinance No 95-2054 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 95-2054 entitled "An ordinance amending the 1995 budget as adopted by Ordinance 94-2015 and as amended by Ordinances 95-2031 and 95-2043 " The motion passed 6-0. 8c Resolution creating Economic Development account Resolution 95-173 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to adopt Resolution 95-173 entitled "A resolution of the City Council of the City of St Louis Park, Minnesota, authorizing the establishment of a development fund " The motion passed 6-0 8d Void 8e Lots on Frederick Ave Resolution 95-174 Bob Kosky, 9501 Minnetonka Blvd , was interested what the City planned to do with the lots. He would be interested in buying that lot which abuts his property He was wondering, if the City does accept the lots, would it be possible for him to buy that portion abutting his property. Mayor Hanks said if the motion passed to accept the lots with no strings attached, staff would then review it and his request would be taken under consideration 234 Ms. Pace said the Council would first have to make a determination whether or not it wished to dispose of property and give a valid reason for such disposal. Mr Meyer stated this proposal just came up and no one on staff has had much of an opportunity to make any plans for the property so it would be premature to address Mr. Kosky's questions at this point in time. Len Thiel, representing Mr Neslund, was present to answer questions Councilmember Sanger asked if any environmental studies had been conducted to determine if there was any contamination of the land Mr Thiel said to his knowledge there had not been and believed there was none as it was high ground with no fill. Ms Pace said the way the resolution was written it would be contingent upon the City conducting an environmental assessment showing there is no problem with the property or that the donor deed the property by warranty deed which would include indemnification of the City for any environmental liabilities Jon Weber, 9311 Minnetonka Blvd , spoke in favor of the resolution. It was moved by Councilmember Latz to accept the donation of the land contingent upon either 111 indemnification of any future contamination issues with a warranty deed or acceptance of the findings of a preliminary environmental assessment indicating there are no problems with it with a quit claim deed He would add to his motion that the land be accepted but not developed The motion died for lack of a second It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to accept the donation of the land with the same restriction as to environmental aspects but without any restrictions on future use and to adopt Resolution 95-174 entitled"A resolution accepting a donation of private property for public use from Richard Neslund and Cheyenne Land Company. 9201, 9212 and 9224 Frederick Ave." Mr Meyer suggested that with the resolution before them, Counsel advises added to the "Further Resolved" section be a reference to title insurance policy If either Phase 1 of the environmental study or the title insurance expose the city to liabilities, it is understood by the Council that the property would not be accepted nor closed upon The above was acceptable to the maker and second of the motion Councilmember Jacobs brought up title insurance saying it was his understanding the buyer paysII for it. He asked that that also be made part of the motion 235 .1 The motion passed 6-0. 8f Emergency ordinance to extend moratorium on adult uses Ordinance No 95-2055 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Ordinance 95-2055 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" The motion passed 6-0 REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a Amendment to Board of Zoning Appeals By-laws It was moved by Councilmember Young, seconded by Councilmember Jacobs, to accept the amendments to the BOZA By-laws. The motion passed 6-0 9b Minutes Human Rights Commission November 15 9c Minutes Planning Commission November 15 9d Minutes. Housing Authority November 14 9e Minutes. Neighborhood Revitalization Commission November 8 9f Minutes. Parks& Recreation Commission October 10 By consent, items 9b-9f ordered filed 9g November financial report Councilmember Young noted that during the last month of the year there seems to be expenditures matching the money remaining in department budgets He asked if the City ever considered an idea proposed by Ted Gabler Instead of just spending money left in various budgets, has it ever been suggested the money be turned back and let the department have a percentage of the unspent funds It would seem to be an incentive not to spend all the money and put it towards some special project or whatever II Mr. Meyer said the City did not have such a system in place He has looked at it on a number of occasions and it is his experience most funds are spent because of a funding agency which says it 236 will be lost if the department doesn't spend it. He felt that in St. Louis Park there was a situation with the operating department where there is little incentive to do that -- basically there is a trust relationship. He did not believe the City's departments had a need to spend every cent In the next budgeting cycle, any department with reserves is not penalized for having under spent the previous year He did feel in certain cities, Mr Gabler's theory would indeed work It was moved by Councilmember Young, seconded by Councilmember Jacobs, to receive 9g for filing. UNFINISHED BUSINESS 10a. Boards and commissions Councilmember Jacobs made the following appointments Roger Israel - reappoint to Fire Civil Service Commission Darcel Lewis - reappoint to Police Civil Service Commission Jules Beck - reappoint to Human Rights Commission Jerry Rotman- reappoint to Human Rights Commission Michael Brandt - appoint to Human Rights Commission Stanley Barton - reappoint to Planning Commission Dennis Morris - reappoint to Planning Commission Shirley Bell - reappoint to Neighborhood Revitalization Commission Elizabeth Shreves - appoint to Neighborhood Revitalization Commission 411 which were seconded by Councilmember Dorfman and passed 6-0 NEW BUSINESS 11 a Animal control contract Councilmember Sanger asked how the cost of this contract compared to what the cost would be to the City if we shared services with neighboring jurisdictions whose staff provided the service rather than having an independent contractor Chief Mitchell said this City was one of the few in the metropolitan area that has an independent contractor. He did an analysis of costs and found that if the City provided the service with City employees, the net cost to the City would be relatively the same The only service being dealt with tonight was picking up animals, dealing with animal complaints If City staff did this, the staff complement would have to be supplemented He did not believe having another city provide the service would realize a saving. Councilmember Young was concerned about the City only receiving one bid, that this could afford successful bidders an opportunity to increase their bid in a future year. He encouraged staff to make contracts two years in length as well as exploring ways of awarding contracts in 1 237 concert with other surrounding communities on a cost-sharing basis or even utilizing r communities that might provide services and also exploring the possibility of combined cities bidding which would be a bigger contract and might attract more bidders It was moved by Councilmember Jacobs, seconded by Councilmember Young, to authorize execution of a contract between the City and Wildlife Management Services Mr. Meyer noted the City Attorney suggested addition of a payment and performance bond to the contract because of 1994 Legislative action The motion passed 6-0 1 1 b Change Order 4027 C S McCrossan Councilmember Jacobs asked if this Change Order as well as item 11 c were due to unforeseen delays or were they due to things requested by the City Mr Meyer said both change orders were because of additions/changes authorized by the City The outstanding issue of the delays and associated costs is yet to be negotiated. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve Change Order No 1 to Contract 4027 with C S McCrossan for $36,772 00 and extending the completion date to July 1, 1996 I, III The motion passed 6-0. 11c Change Order 3052 Orr-Schelen-Mayeron It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve Change Order No 1 Contract 3052 with OSM in the amount of$54,730 00 The motion passed 6-0. 11 d Police uniform contract Councilmember Dorfman noted in staff's report that one company who bid indicated that they were interested in bidding only on certain items and that that was not acceptable to staff as bids must cover all items in the specs Chief Mitchell said if that was the desire of the Council they could certainly do that Personally, he would not care to buy shirts from one company and pants from another He said the majority of items in the specs are clothing items and the other vendor deals more in "hard" items such as weapons, police car equipment, lights, etc He felt it probably would not be cost-effective to divide up the specs on this type of bid, however, he was willing to look at that in the future 238 Councilmember Jacobs would prefer the intricacies of the specs and bidding process be left to the discretion of the people in the Police Department It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to authorize execution of a contract with Uniforms Unlimited. Councilmember Sanger asked how the prices compared to previous bids. Chief Mitchell said over a two-year period it looks like a 4 to 4 1/2% increase The motion passed 6-0 MISCELLANEOUS 12a. Damage claims Possible lawsuit - Lundquist, Calvin By consent, claim referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Hanks brought up the salary increase for the City Manager and read Resolution 95-175 entitled "Resolution establishing the City Manager's 1996 salary" setting his increase at 2.85% It was moved by Councilmember Dorfman, seconded by Councilmember Jacobs, to adopt the resolution The motion passed 6-0. ill Mayor Hanks asked Lee Sheehy to join him at the microphone where a proclamation was presented to him for his years of work as the City Attorney. Mr Sheehy addressed remarks and thanks to the Council 12c Communications from the City Manager No business CLAIMS, APPROPRIATIONS, CONTRACT PAYMENTS 13a Verified claims By consent, the list of verified claims was approved and checks authorized to be distributed in the following amounts: Vendor claims $513,883 02 and payroll claims $20,531.53. 239 14. Adjournment The meeting adjourned at 9 30 p m Ui/ /04/71), - , ee L Hanks, Mayor pdh s ; ecording Secretary 'li' 240