Loading...
HomeMy WebLinkAbout1995/12/04 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA Monday,December 4, 1995 7:30 p.m. 1. Call to order Mayor Hanks called the meeting to order at 7:30 p m. 2. Presentations Presentation of essay winners Mayor Hanks presented Certificates of Recognition to the seven winners of the essay contest, "Why I Like Living in St. Louis Park.." The winners were: Derek Brown, 3rd grade, Aquila School; Andy Parke, 3rd grade, Peter Hobart School; Nick Cox, 5th grade, Cedar Manor School, Jessica Anderson, 6th grade, Susan Lindgren School; Kelly Castellano, 11th grade, Senior High; Kim Danh, 12th grade, Senior High Options Program at Central, and Roza Soloveychik, Adult Basic Education, ESL 2/3 3 Roll call The following Councilmembers were present: 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); Personnel Officer(Mr Wysopal) and Director of Inspections (Mr Petersen). 4. Approval of minutes a. Hearing on delinquent assessments It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the minutes of the November 20, 1995 hearing on delinquent assessments. The motion passed 4-0-2 (Councilmembers Dorfinan and Latz abstained). b. November 20 City Council meeting It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the minutes of the November 20, 1995 City Council meeting The motion passed 5-0-1. (Councilmbmers Dorfman abstained) c. City Council study session November 27 219 City Council meeting minutes December 4, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the minutes of the November 27 Council study session The motion passed 5-0-1 (Councilmember Young abstained). 5. Approval of the agenda a. Consent agenda It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the consent agenda for December 4, 1995 The motion passed 6-0. b. Agenda for December 4 Mr Meyer asked if the Council would consider adding item 5c. Motion to waive reading of resolutions and ordinances. The term"waive reading" was inadverently omitted from the resolution and ordinance items on tonight's agenda, and this would be a blanket waiver of having to read through each of those items. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to approve the agenda with the addition of item 5c. The motion passed 6-0 c. Waiver of reading of resolutions and ordinances on the Dec. 4 agenda It was moved by Councilmember Jacobs/seconded by Councilmember Sanger, to waive reading of resolutions and ordinances on the agenda. The motion passed 6-0. PUBLIC HEARINGS 6a. Application of King's Wok for 3 2 beer license at 8942 Hwy 7 (Knollwood Village) - continued from November 20 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to reject the application as incomplete Councilmember Latz noted staff's report said the application was incomplete in part because of language difficulties He wondered Wit might not be appropriate to include in the motion to waive the reapplication fee if and when they reapply Councilmember Jacobs was amenable to such amendment and had two questions about that: Is this permissible under the City ordinance and whether the Council has done that in the past. Also, does the City have an interpreter or some way of facilitating completion of these types of applications 220 City Council meeting minutes December 4, 1995 Mr Meyer said there is some precedent to this and believed there was no prohibition. It was his intent to apply the fee that has been paid less any out-of-pocket expenses incurred by the City for publication, etc to the total license fee In regard to language difficulties, the applicant was running into other problems having to do with leasing, getting their facilities ready and so forth and he felt they now know what they need to get accomplished Councilmember Jacobs said he'd be in favor of refunding to them that part of the fee that the City had not used He wouldn't want the City to have to pay for publication or other out-of-pocket expenses without getting reimbursed Mr. Meyer said there is no precedent for refunding application fees A whole new application and investigation would not have to be processed. What was being suggested is to apply what they have already submitted against any new application. The motion passed 6-0 as amended. 6b Amendment to Zoning Map Cl to C2 . 5101 Minnetonka Blvd Mayor Hanks commented it was staff's recommendation to continue the hearing to January 2, 1996. It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to continue the public hearing to January 2, 1996. The motion passed 6-0 PETITIONS, REQUESTS, COMMUNICATIONS 7a. Request for special assessment for installation of automatic sprinkler system at Square Feet of MN. 3300-3308 Gorham Ave Resolution 95-168 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-168 entitled"Resolution authorizing installation and special assessment of fire sprinkler system at Choice Woods/Square Feet of MN." Councilmember Young asked if an organization making a similar request should go bankrupt, what protection does the City have against loss, for example, if there were other assessments against the property Ms. Pace said you could consider it like a second mortgage in the event of default would the sale of the property support the settlement of the special assessment. She said that has not been an Ci 221 City Council meeting minutes December 4, 1995 issue either she or staff has looked at It certainly could be made one of the criteria She offered to bring back suggestions because looking into the solvency of an organization making this type of request would be difficult The motion passed 6-0 RESOLUTIONS AND ORDINANCES 8a Approval of proposed 1996 tax levy Resolution 95-169 Councilmember Jacobs noted that a lot of public input was gathered at the Nov. 29 Truth in Taxation hearing, many legitimate questions being raised He asked if staff had any sense as to what effect the State surplus is going to have, if any, on the City's budget Mr. Meyer said that based on his discussions with the League of Minnesota Cities, he would suggest that what the City does know is that there would not be any reduction in 1995 in the State aid already budgeted and anticipated. In terms of 1996, one thing the City can be fairly sure of is that there is no mood at the State Legislature nor in the Governor's executive office to share any excess revenues the State may have with cities. Best case scenario would be one in which if there is no negative turn-around in the State's financial picture, the City may not see any decrease in State Aid --that would be the most optimistic picture Mayor Hanks said that after reviewing the study commissioned by the Governor which has had a lot of exposure throughout the State, most of the concern is addressed to State Aid to cities-- how it is distributed, should the distribution be decreased, cities should be encouraged to make it on their own instead of dependence on State handouts. From his experience on the fiscal committee at the League of Minnesota Cities, a lot of concern is being expressed Also an unknown factor is future decisions coming out of Washington. It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-169 entitled"Resolution approving 1995 tax levy collectible in 1996" The motion passed 5-1 (Councilmember Latz opposed) 8b. First reading of ordinance adopting 1996 budget Mayor Hanks said we have budgeted a smaller levy than the 5% We put the additional amount in because of the unknowns in the State budget I think that's important to point out. The additional money is being set aside It's extremely difficult to anticipate what the State will do, and so it would be smart to let people know that this Council isn't here spending money wholeheartedly 222 City Council meeting minutes December 4, 1995 Councilmember Dorfinan added that staff looked closely at the budget at Council's direction and through organization of different departments, through attrition of staff, through collaboration with other cities. Also, Council is looking more closely at equipment replacement to flush out savings, stretch the length of time equipment can be used safely and in some cases not replace. With all these cutbacks, the City still faced a shortfall. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve first reading and set second for December 18, 1995. The motion passed 6-0. 8c. First reading of ordinance adopting 1995 revised budget It was moved by Councilmember Jacobs, to approve first reading and set second for December 18, 1995. The motion passed 6-0 8d Resolution approving 1996 pay classification plan, salary adjustments and authorizing City's contribution for employer-provided benefits for non-union employees Resolution 95-170 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 95-170 entitled"A resolution revising the classification and compensation plan and establishing City contributions for employer provided benefits for all non-union employees and amending Resolutions 94-178 and 94-179 effective January 1, 1996 " The motion passed 6-0 Mayor Hanks thanked staff for their efforts on the adjustments to the classification changes and that it was important to look at these frequently as jobs do change. Mr Meyer concurred and extended his thanks to Wally Wysopal for his efforts as well as the significant time, energy and input coming from Department Heads 8e Second reading of ordinance to permit outdoor seating (Duggan's) Ordinance No 95-2050 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfinan, to adopt Ordinance No 95-2050 entitled"An ordinance amending the St Louis Park Ordinance Code City 223 Council meeting minutes December 4, 1995 related to zoning by amending Sections 14 5-5 2(F) and 14.5-6 2(F) Accessory Uses in Cl, C2 and 0 Zoning Districts" and authorize summary publication. The motion passed 6-0. 8f. Second reading of ordinance to extend Neighborhood Revitalization Commission Ordinance 95-2051 It was moved by Councilmember Young, seconded by Councilmember Dorfman, to adopt Ordinance 95-2051 entitled"An ordinance amending Ordinance No. 1890-92 to the St. Louis Park Municipal Code establishing membership of the Neighborhood Revitalization Commission amending Section 1-605, Powers and Duties, and deleting Section 1-606, Termination of Commission." The motion passed 6-0. 8g. Second reading of ordinance amending Municipal Code- Modifying Board of Zoning Appeals staff organization - Ordinance 95-2052 It was moved by Councilmember Young, seconded by Councilmember Jacobs, to adopt Ordinance 95-2052 entitled"An ordinance modifying St Louis Park Municipal Code Section 1.402, Organization, by eliminating the need for the Board of Zoning Appeals to elect a secretary." The motion passed 6-0. REPORTS FROM OFFICERS, BOARDS, COMMITTEES 9a. City Engineer's report: MSC improvements -Heating/ventilation upgrades Project MB-95-04 Resolution 95-171 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-171 entitled "Resolution accepting City Engineer's report, establishing Project No MB-95-04, approving plans and specifications and authorizing receipt of bids" Councilmember Jacobs asked when this project would be completed. Mr Rardin responded that with budget constraints and not being able to do it all at one time, it is being done in phases. This is the final phase of the heating/ventilation upgrade. 224 City Council meeting minutes December 4, 1995 The motion passed 6-0 9b Traffic study (supplement) Edgewood Ave/W 23rd St intersection Councilmember Young said several years ago a stop sign was placed for northbound traffic and the eastbound traffic on W 23rd had a yield sign to the northbound traffic which was confusing in itself. It appeared to him that the heavy traffic would now have to stop while a very small number of cars move forward It looked to him like an increase in accidents could be expected. Mr. Rardin explained the rationale for the proposal. Councilmember Young asked how this proposal had come to staff Mr. Rardin responded this was requested by Quest Engineering. They have initiated studies in the past as well He said one thing the Council might want to consider if additional signing is being considered is that typically intersection traffic controls are symetrical. He felt part of the confusion there at this time is that there is a yield sign opposite a stop sign which is not typical He would suggest Edgewood remain as a through street or place two stop signs, one on each side of the intersection. Councilmember Young said it would be his preference to get consistency there and he didn't believe what was being proposed would make it consistent and he would be supportive of three stop signs, one in each direction. It was moved by Councilmember Young, seconded by Councilmember Sanger, to authorize installation of 3 stop signs at this intersection. Mayor Hanks said since this request came from the businesses, they have received a letter as to what Public Works is recommending. He was concerned that if this motion passes, their information will be inaccurate Perhaps the item should be deferred until such time as those businesses can be apprised of what Council had proposed this evening. Councilmember Young withdrew his previous motion and moved that the item be deferred to allow time to receive input from the businesses. Councilmember Jacobs seconded The motion to defer passed 6-0 9c. Paid On Call program 1. Proposed Paid On Call component to the Fire Department 225 City Council meeting minutes December 4, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to approve and direct City Manager to begin implementation The motion passed 6-0 2. Job security policy statement It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to endorse the City Manager's job security policy statement. Councilmember Dorfman, could not recollect the Council endorsing a proposal in the past, and asked exactly what this proposed action meant. Mr. Meyer responded the policy statement as written is not a contractual agreement between the City Manager and the firefighters or the firefighters association. It is a statement of intent, of good will, if you will, on the part of the City Manager. His understanding of what the endorsement means is that the City Manager, by Charter and Code, has the authority if necessary to lay off employees The City Manager is stating his intent with this policy to say in one particular small area, relative to implementing the Paid On Call program that he would waive his authority to lay off employees in order to accomplish that. What he is seeking through an endorsement is the fact that the City Council understands an agrees with that action he is taking as a City Manager. Councilmember Sanger asked if the intent of this policy statement would have no impact on the City's ability to manage or implement other aspects of the applicable collective bargaining agreement other than aspects that deal directly with the Paid on Call program. Mr. Meyer said that was correct and was an important point. There was discussion with the firefighters and the firefighters association about that particular issue and it was made very clear in those discussions that this particular policy statement would in no way limit any other contractual rights that the City has under the collective bargaining agreement or under the City Codes that allow the City Manager to terminate for cause , for example, or in fact to involve in layoffs for economic reasons that would be City-wide. The motion passed 6-0. 9d Apparatus replacement of a 1965 Pitman Snorkel (aerial) and a Pierce 1250 gpm pumper It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to direct staff to receive bids Councilmember Latz noted not only is it more appropriate for the department but will enable the City to work in a more complementary fashion with the departments in Golden Valley and 226 City Council meeting minutes December 4, 1995 Hopkins rather than duplicating existing equipment and represents another step towards government efficiency The motion passed 6-0. 9e. Livable Communities goals It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the Housing Goals agreement. The motion passed 6-0. 9f. Minutes Cable TV Commission minutes Nov 13 The minutes were ordered filed by consent. UNFINISHED BUSINESS 10a. Boards and commissions No business NEW BUSINESS 11 a. Application of Elks Lodge No 44 to sell pulltabs at Santorini's Resolution 95-172 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfman, to adopt Resolution 95-172 entitled"A resolution of the St. Louis Park City Council approving issuance of a premises permit for lawful gambling: Elks Lodge 44 Crystal." Michael Ridge, gambling manager of the Elks Lodge 44, was present to answer questions. Councilmember Young was interested where the proceeds over the past six months have gone Mr. Ridge said the City Clerk had been provided a breakdown of proceed distribution for the last six-month period, but currently they are not doing as well as anticipated and have a substantial debt load. The motion passed 6-0. l lb Benilde St Margaret's application for State gambling license exemption 227 City Council meeting minutes December 4, 1995 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the license exemption and waive the 30-day waiting period. Mr. Meyer suggested an addition to the motion, i e , as long as prizes do not exceed $50,000. This was agreeable to the maker and second. The motion passed 6-0 11c. Beth El Synagogue application for gambling license exemption Philip Finkelstein, 2710 Monterey Ave , said the date of activity is March 10, 1996 It was moved by Councilmember Jacobs, seconded by Councilmember Dorfinan, to approve the license and waive the 30-day waiting period. The motion passed 6-0. MISCELLANEOUS 12a Damage claims Deera Tychman By consent, claim referred to City Clerk and City Manager 12b Communications from the Mayor Mayor Hanks said he had attended the National League of Cities meeting in Phoenix and as always, so many of the programs other government officials talk about are already in place in St Louis Park. Also he is thankful the City has 7 Councilmembers. Nashville, Tennessee, has 40 Council members. Councilmember Young said he had also attended the NLC conference and that he had learned some things about how things are done in Phoenix that could be applied to St. Louis Park. He briefly discussed several areas of particular interest. 12c Communications from the City Manager No report CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims 228 City Council meeting minutes December 4, 1995 By consent, motion to approve and authorize payment in the following amounts: Vendor claims $623,975.01 and payroll claims $25,209.50. 13b. Contract payments - Partial 1. Tolz, King, Duvall, Anderson& Assoc , engineering services. Amount: $324.94 2. C. S McCrossan, storm sewer. Amount: $337,018.53 3. Northwest Asphalt, paving, curb and gutter Amount: $85,280 69 4. Midwest Asphalt, grading, paving, curb& gutter. Amount: $43,250.60 5. Progressive Contractors, alley paving, random repair. Amount: $30,683 12 6. Hardrives, Inc., grading, paving, curb/gutter. Amount: $91,381 05 7. Judd Supply, street lighting equipment. Amount: $180,739.02 8. Hardrives, Inc., street reconstruction, lighting, signal. Amount: $63,357 02 By consent, partial payments approved and payment authorized 14 Adjournment The meeting adjourned at 9.15 p.m. on a motion by Councilmember Jacobs, seconded by Councilmember Dorfman The motion passed 6-0. /10 ii-R44/A2 Ly . • s, Mayor e/ A 4171 1 ecording Secretary 1 229