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HomeMy WebLinkAbout1996/07/15 - ADMIN - Minutes - City Council - Regular MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA July 15, 1996 1. Call to order Mayor Dorfman 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, Jeff Appelquist, Sue Sanger, Robert Young, Gail Dorfman. Ron Latz arrived shortly thereafter. Also present were the City Manager(Mr. Meyer); City Attorney(Mr Lidstad); Director of Community Development (Mr. Harmening);Director of Public Works (Mr Rardin); Deputy City Manager(Ms. Kutzler), Housing Coordinator(Ms. Quarfot); Director of Inspections(Mr. Petersen); Finance Director(Ms McBride). 0 4. Approval of minutes 1 City Council meeting July 1 -- There being no corrections/amendments, the minutes received as submitted July 8. 1996 study session- It was noted that the first sentence of item 9 was unclear and Mayor Dorfman asked that the tape be reviewed and the sentence corrected. With that correction, the minutes received as submitted. 5 Approval of agenda Consent agenda for July 15. 1996 - Mr. Meyer noted that items 11a. and 13a. should be on consent and that items 8i and 8j, resolutions to retiring Police Officers Pat Cunningham and Ron Haugen, will be read at the retirement banquet It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve. The motion passed 5-0 Agenda for July 15, 1996 - It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve The motion passed 5-0. Councilmember Latz arrived I 121 City Council meeting minutes July 15, 1996 11 PUBLIC HEARINGS 1111 6a. Amendment to continued Special Permit -- Sandoz Nutrition, 5320 W 23rd St Resolution 96-99 Kristin DeGrande, Community Development Intern, presented a brief staff report. Sandoz is applying to add two separate additions to its building. (1) a loading dock and (2) an electrical service room. Staff is recommending approval subject to the conditions as listed in the resolution. John Nelson, Sandoz Nutrition, said they were aware of the conditions and were prepared to meet them. Councilmember Sanger asked if either of the constructions would generate any additional traffic to the site that is currently not going to the site and will additional noise be generated. Mr. Nelson responded the dock addition will generate some truck traffic wherein trucks will come in, be loaded, and leave within an hour or so; however, the number of trucks will not increase.-With respect to noise, he did not believe there would be additional noise. There being no one further wishing to speak, the Mayor closed the hearing with the right of Council to thereafter reopen and continue it to a future date. It was moved by Councilmember Jacobs, seconded by Councilmember Latz, to adopt Resolution No. 96-99 entitled"A resolution rescinding Resolution No. 92-165 adopted on October 20, 1992 and granting Conditional Use Permit under Section 14.8-6.4(D) of the St. Louis Park Ordinance Code relating to zoning to allow an amendment to a continued special permit to construct two separate additions to existing structure at 5320-5330 W. 23rd St." The motion passed 6-0 PETITIONS,REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a Second reading of amendments to the St. Louis Park Ordinance Code adding licensing of certain Sexually-Oriented Business Ordinance No 96-2071 I 122 • City Council meeting minutes 111 July 15, 1996 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Ordinance No 96-2071 entitled"An ordinance amending the St Louis Park Municipal Code Part 4 - Amusement and Entertainment--related to sexually-oriented businesses by adding Sections 13-480 through 13-492." The motion passed 6-0 8b. 1996 Neighborhood Revitalization PILOT Program Grant Application Resolution 96-100 Yvette Quarfot gave a brief staff report. She said the resolution contains the recommendations presented to staff by the Neighborhood Revitalization Commission. Grant agreements are recommended for the following neighborhoods: Birchwood; Fern Hill; Lake Forest; Birchwood; Cobblecrest and Creekside. It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 96-100 entitled"Resolution approving the funding for the first round of the 1996 Neighborhood Revitalization Pilot Program Grant Applications and authorizing the Mayor and City Manager to execute grant agreements with the neighborhoods." The motion passed 6-0. 8c. Resolution providing for the sale of$7,985,000 General Obligation Tax Increment Bonds, Series 1996 Resolution No 96-109 It was moved by Councilmember Jacobs, seconded by Councilmember Young, to adopt Resolution 96-109 entitled"Resolution providing for the sale of$7,985,000 General Obligation Tax Increment Bonds, Series 1996" The motion passed 6-0. 8d. Kevitt Excavating- Time Extension for fill permit Resolution 96-101 It was moved by Councilmember Latz, seconded by Councilmember Sanger, to adopt Resolution 96-101 entitled"A resolution rescinding Resolution No. 95-95 adopted on July 17, 1995 and granting conditional use permit under Section 14.4-9(A) of the St Louis Park Ordinance Code relating to zoning to allow a 120-day time extension to permit placement of 30,000 cu. yds. of fill for property zoned R-3, two-family residence district located at 2631 Virginia Ave." The motion passed 6-0 123 • City Council meeting minutes July 15, 1996 8e. Capital Improvement Program 1997-2001 - Request adoption of 5-year program Resolution 96-102 Mr. Meyer noted each year the Council is asked to adopt a 5-year Capital Improvement Plan and that was what is before Council this evening It outlines suggested projects, each of which comes back to the City Council for final authorization before it proceeds. It was moved by Councilmember Jacobs, seconded by Councilmember Appelquist, to adopt Resolution 96-102 entitled"Resolution approving 1997-2001 Capital Improvement Program." The motion passed 6-0 8e. Agreeement with Hennepin County for traffic signal upgrades at Minnetonka Blvd. (CSAH5) and Louisiana Ave Resolution 96-103 It was moved by Councilmember Latz, seconded by Councilmember Sanger, to adopt Resolution 96-103 entitled "Resolution approving plans and specifications to provide continued enforcement of the parking restrictions and authorizing the Mayor and City Manager to execute a cooperative agreement with Hennepin County." The motion passed 6-0. 8g. Approval of lease agreement for communications antenna with American Portable Telecom (APT) Resolution 96-104 Councilmember Sanger asked if any policy or guidelines are being developed as to the appropriate zoning for these antennas. Mr. Meyer responded staff does not anticipate any requests coming in which would result in the erection of towers for the purposes of installing antenna. He did not foresee erection of any towers to accommodate antennas which would be subject to zoning. Mr. Petersen added that the City's ordinance does not restrict antennas, dishes, receiving devices, etc. in any manner Regulation is strictly on towers which are regulated by height and also some of the structural considerations are found in the building code and in the zoning ordinance. Rachael Beatty, representing APT, said the equipment was all-weather secure, designed not to be broken into 124 City Council meeting minutes 111 July 15, 1996 It was moved by Councilmember Latz, seconded by Councilmember Jacobs, to adopt Resolution 96-104 entitled"Resolution approving lease agreement for communications antenna." The motion passed 6-0. 8h. City Attorney selection and contract authorization Resolution 96-108 It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to authorize the City Manager to negotiate a contract with Campbell, Knutson law firm for City Attorney services. Mr Meyer indicated Council could authorize the Agreement as originally presented with the items in the staff report incorporated into the Agreement. This would then not have to return to Council for further action. Councilmember Sanger felt a number of the suggestions in the staff report did not seem ready for insertion into the Agreement and final authorization at this point. Mr Meyer said in the past the City has used a standardized professional services agreement in which are certain requirements regarding indemnification and professional liability There has been some discussion as to whether those exact terms and conditions would apply to an attorney and he believed that was the only item that could be considered a loose end. Councilmember Sanger said in that case she would be comfortable in delegating to staff final details. The other items, for example a budget agreement before any litigation work was to be undertaken, is something that hasn't been provided for in writing but would be provided for in this Agreement. Status reports as required, written designation of lead attorney--those kinds of things are the items while not open-ended are details that would be worked out under the contract. Councilmember Latz had a question about the hourly rate--was the intent to have services provided at an hourly rate for roughly the first 5-6 months of the contract, and during that period of time further discussion would be held regarding monthly retainer as opposed to hourly rate. Mr Meyer said that was correct, and the reason there is not a proposal for retainer is that neither staff nor the prospective firm was comfortable with what a logical retainer would be. It was felt it would take several months to determine an appropriate retainer amount. f 125 , , City Council meeting minutes July 15, 1996 Councilmember Latz was concerned that the City not end up negotiating against itself with regards to a retainer by locking into some hourly rate which will continue unless otherwise changed finding that it becomes difficult to fully evaluate a retainer. He wondered if the Council didn't want to automatically extend the hourly rate tonight beyond January 1, 1997 thereby giving the incentive as well as the opportunity to approach the retainer purely from an experiential standpoint. Mayor Dorfman did not see a mandatory evaluation being called for on January 1. Councilmember Latz suggested the City Manager be asked to report to Council how the hourly rate is going with enough lead time so meaningful negotiations can be held regarding a retainer and which direction the City wants to pursue. A roll call vote was held: Councilmembers Jacobs, Appelquist, Sanger, Latz, Mayor Dorfman in favor; Councilmember Young opposed. The motion passed 5-1. 8I. Resolution recognizing retiring Police Sergeant Resolution 96-106 By consent, adopt Resolution 96-106 entitled"Resolution recognizing Sergeant Patrick E. Cunningham" 8j. Resolution recognizing retiring Police Officer Resolution 96-107 By consent, adopt Resolution 96-107 entitled"Resolution recognizing Officer Ronald P. Haugen." REPORTS FROM OFFICERS,BOARDS, COMNIITTEES 9a. Minutes -Neighborhood Revitalization Commission June 12, 1996 9b Minutes Housing Authority June 11. 1996 By consent, items 9a, 9b ordered filed. 9c. Amendment to Board of Zoning Appeals Bylaws It was moved by Councilmember Young, seconded by Councilmember Appelquist, to approve two amendments to the BOZA Bylaws: (1) Article VII, Section 2: Change ten day time limit to five days for proposing amendments to the Bylaws; and (2) Article V, Section 1 place"Public Hearings" before"Old Business" in the order of business. He felt the first proposed amendment, 126 City Council meeting minutes July 15, 1996 Article V, Section 6 insert the phrase"When meetings are held in the City Council chambers. " was unnecessary. The motion passed 6-0 9d. Monthly financial report June 1996 By consent, report received for filing. UNFINISHED BUSINESS 10a. Boards and Commissions It was moved by Councilmember Jacobs, seconded by Councilmember Young, to appoint Bill MacMillan to the Parks and Recreation Commission. The motion passed 6-0 NEW BUSINESS 11 a. Bid tabulation- Water reservoir recoating at 2936 Idaho Ave, Project 96-16 Resolution 96-105 By consent, adopt Resolution 96-105 entitled"Resolution accepting bid and authorizing execution of a contract for water reservoir recoating, 2936 Idaho Ave., Project 96-16." MISCELLANEOUS 12a. Damage claims None 12b Communications from the Mayor None. 12c. Communications from the City Manager Mr. Meyer referenced item 8h. City Attorney selection and wished to clarify that the appointment that was made is for the City Attorney to do civil work. Criminal work is currently covered by a contract with Collich& Associates which is not being changed, has not been under consideration and continues as today. Councilmember Latz noted that the Economic Development Authority(EDA) has to make a separate decision as to its attorneys and it was his understanding that action this evening does not necessarily fortell any particular action by the EDA. 127 City Council meeting minutes July 15, 1996 Councilmember Jacobs noted that under the Home Rule Charter the City Council cannot appoint the EDA attorney. Mayor Dorfman commented that that subject would be presented at an upcoming study session. Councilmember Latz commented that this was a very difficult decision for Council to make. Many highly qualified firms submitted Requests for Qualifications which could provide quality services to the City and with whom the City could be comfortable. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Vendor claims By consent, claims approved and payment authorized. 14. Adjournment The meeting adjourned at 8:14. ii../4 • t`-"c27:t,,L ------ I Mayor Dorfman 37i 1--0,114A Recording Secretary • 128