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HomeMy WebLinkAbout1997/05/05 - ADMIN - Minutes - City Council - Regular CITY OF MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK,MINNESOTA May 5, 1997 1. Call to order Mayor Dorfman called the meeting to order at 7:30 p.m. 2. Presentations Mayor Dorfman acknowledged Opal Nelson and Bob Peterson, who appeared before Council on behalf of the Buddy Poppy Drive of the VFW and presented them with a proclamation. 3. Roll call The following Councilmembers were present at roll call: Jeff Jacobs, Beverly Flanagan, Sue Sanger, Ron Latz, Robert Young, Jim Brimeyer and Mayor Gail Dorfman. Also present were the City Manager(Mr. Meyer); Deputy City Manager(Ms. Kutzler); City Attorney (Mr. Scott); Economic Development Coordinator(Mr. Anderson); Planning Coordinator(Ms. Erickson); Parks and Recreation Director(Mr. Gears); Director of Public Works (Mr. Rardin). 4. Approval of the minutes of April 28. 1997. Mayor Dorfman referred to the italicized paragraph under Section 6b which reflects a correction to the minutes (noting the discussion on snow removal budget should indicate Special Service District #1). Councilmember Flanagan indicated in paragraph 4, page 69, it should read: "Councilmember Flanagan said it was her understanding the property owners will decide on the level of service they want, and the fees are to be based on that, and wondered if staff or the Council can overrule the property owners' decisions."In the next paragraph, change to read: "Mr. Anderson said the determination on services is up to the property owners...." In paragraph 8 she would like added that the ordinance contained revised language related to the expansion of the Advisory Council's duties if statutes permit prior to second reading. Following that, Mr. Meyer and Councilmember Jacobs expressed concern with having a citizen group setting taxes. The minutes were approved as amended. 5. Approval of agenda Consent agenda: It was moved by Councilmember Latz, seconded by Councilmember Jacobs to approve. The motion passed 7-0. Agenda: It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve. The motion passed 7-0. 73 PUBLIC HEARINGS 6a. Ordinance amendment allowing liquor and beer at the Recreation Center 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. Councilmember Sanger said she agreed with the recommendation in staff's report that use of liquor in the Rec Center be confined to beer and wine rather than other alcoholic beverages. In the proposed ordinance that language is not included. Mr. Gears responded that when this issue was addressed a number of years ago, staff ran into some definition issues because of the alcoholic content of various wines and beers. As a result at that time the idea was to identify all of them as either alcoholic or non-intoxicating malt liquors and leave the rules and regulations to be determined through administrative action. Attorney Scott pointed out that since the present ordinance was drafted, the term non-intoxicating malt liquor is no longer used; it is now 3.2% malt liquor. Councilmember Jacobs referenced several studies conducted which indicated that in order to adequately utilize the banquet facilities and compete with public/private banquet facilities, some kind of beer and/or wine is recommended. Beer/wine was acceptable to him, but hard liquor was not acceptable. Councilmember Flanagan said she had an amendment for Council's consideration: Under the paragraph Exception, the first line would read as follows: "Beer and wine may be served or furnished without charge at the St. Louis Park Recreation Center." She would like the wording to be"alcoholic beverages"but was not recommending that as an amendment at this time. It was moved by Councilmember Flanagan to approve first reading and set second for May 19 with the wording she first recommended. Councilmember Sanger referenced the legal opinion on potential liability issues of allowing liquor at the Rec Center. That opinion is now five years old. She wondered if between now and the next reading of the ordinance that legal opinion could be updated. Attorney Scott said he was fairly confident there have not been changes in the interim. He would, however, research that. Councilmember Jacobs supported the motion. Mr. Gears noted Councilmember Flanagan's choice of the words"without charge"and asked for clarification of no charge to the consumer as opposed to the permit holder. Councilmember Flanagan agreed and amended her motion to include "to the customer"after without charge. 74 Mayor Dorfman asked Mr. Gears for clarification on the criteria relating to "Priorities for use of the banquet/reception facility" . How did he see defining priorities. Mr. Gears said historically the priority for use of City facilities has been first to community-based, non-profit organizations and resident groups; and second to outside St. Louis Park non-profit groups and lastly to profit-making organizations in the City followed by profit-making organizations outside the City. It was the intent to follow that established hierarchy. Councilmember Flanagan asked if the fees changed if it was a non-profit or a profit-making as the intent is to make money on doing business at the Center. Mr. Gears said historically a different rate has been charged to profit-making organizations and out- of-City organizations. The lower fee is for resident groups or for local non-profits. Councilmember Latz assumed it was first come-first served and Mr. Gears said that was past practice. It was very rare to have simultaneous requests for a facility wherein a priority list is needed. Councilmember Brimeyer had thought a market study had been done showing why alcohol should be allowed at the Rec Center. His second assumption was that this would indeed be alcoholic beverages and did not recall reading of the beer/wine restriction in the report. If the intent is to be competitive, why tie our own hands by restricting it to beer/wine. Perhaps Council could be educated to this before second reading relative to public policy and what impact it might have on the City's parks. He also was concerned about the Center being in direct competition with businesses in the City offering banquet/reception facilities. Councilmember Jacobs was comfortable restricting it to wine/beer and did believe the Center could do just as well without hard liquor. He did believe there was a public image to be protected. Mayor Dorfman asked if there was a provision that food be served if any alcoholic beverages are served. She would like to see that in the ordinance. Councilmember Young did not see much of a difference between beer/wine and other intoxicating beverages. He would not want to see any potential client sent away because of restrictions on what can be served at the Center. He wanted to propose that serving of alcoholic beverages in addition to beer/wine be included in the ordinance. Councilmember Flanagan said she would change her amendment to read "alcoholic beverages." Councilmember Jacobs could not support that as having made the second to the motion. If it is determined that restricting it to wine/beer is affecting rental of the facilities, which he did not think was going to occur, it could be revisited. In answer to a question from Councilmember Sanger re liability, Mr. Meyer felt if one (beer/wine) was excluded, so would other alcoholic beverages. Staff would check that out. II Councilmember Brimeyer felt there was plenty to talk about and have clarified. He felt it needed further discussion at a study session. 75 Councilmember Flanagan felt inclusion of beer/wine would appeal to various ethnic groups; that beverages are to be given, not sold, so that competition with the private sector was not of concern; and finally at second reading she would like to know that the City's fees are similar to other cities which are making money on their rec centers. It was determined there was not a valid motion on the floor as Councilmember Jacobs, the seconder of the original motion, could not accept the second amendment as offered by Councilmember Flanagan. It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the first reading with beer/wine, but between now and May 19 this item come to a study session on May 12 for discussion, especially to answer the questions of what other communities are doing and whether food should be required to be served if beer/wine/alcoholic beverages or any combination thereof is served. Councilmember Sanger suggested the ordinance with beer/wine be in effect for some period of time, perhaps a year, and during that time do research to see if people decline to rent the facility because other alcoholic beverages are not permitted. The motion passed 6-1 (Councilmember Young opposed). PETITIONS, REQUESTS, COMMUNICATIONS None. RESOLUTIONS AND ORDINANCES 8a. Second reading of ordinance amending Sections 13-482 and 6-111 of the Municipal Code a Ordinance No. 2091-97 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Ordinance 2091-97 entitled"An ordinance amending the St. Louis Park Municipal Code Chapter 6, Part 1, Section 6-111 (Public Ways and Places) and Chapter 13, Part 4, Section 13-482 (Licensing for Amusement and Entertainment)." The motion passed 7-0. 8b. MnDOT lighting agreement at I-394 at Louisiana and Vernon Ave. Resolution 97-61 It was moved by Councilmember Sanger, seconded by Councilmember Jacobs, to adopt Resolution 97-61. The motion passed 7-0. I 76 8c. City Engineer report: Underground conduit and wiring to median islands on Phase 1 of Excelsior Blvd. Streetscape. Councilmember Latz asked what this would have cost had it been included in the original Phase I plans. Mr. Rardin did not have exact figures but figured it would be 10-20% less. Councilmember Flanagan asked if this project would require that the street and median be torn up, and does Hennepin County allow lights like this in the median, have they been consulted. She was concerned that the boulevard was getting too busy what with the banners, etc. and now the decorative lighting. Mr. Rardin said to his knowledge there would be no digging in the streets, it will be on the boulevard or landscaped areas.. Secondly, Hennepin County does allow this on their streets and noted the decorative lighting on Cty Rd. 25 near the Lincoln Del. Mayor Dorfman noted this was supported by the businesses which participated in the first Special Service District. Has it been discussed relative to the second Special Services District and to what extent would the Council and/or staff have control over the decorative lighting. Mr. Anderson said this was under discussion as well as a maintenance issue. Relative to control over the lighting, he would assume that in governance of the Service District, the Council would have ultimate discretion over what the purpose of the lighting is He felt input from the property owners in the area from Monterey to France would be very important in terms of how the lighting would look and when it would be used. Mayor Dorfman asked if the $37,500 was not spent and there was no median lighting for the rest of the project, is $37,500 really being saved. Would there be a comparable amount saved for Phase II? If so, potentially the dollar amount being talked about is around $70,000 or greater. Mr. Anderson felt the business owners in the first Service District would want lighting of the medians along Excelsior Blvd. to be consistent and extended along the whole project area. The question is of installing it now or waiting to see what the final design plan of the remainder of the boulevard is and coupling those projects together. Councilmember Sanger wondered what was the purpose of this lighting and what was the necessity for doing it at this time when the plans indicate there is plenty of lighting already. Mr. Meyer said this was not lighting for safety/security reasons -- it is strictly decorative. It was moved by Councilmember Flanagan, seconded by Councilmember Sanger, to reject the project. The motion passed 5-2 (Councilmembers Brimeyer and Young opposed). Councilmember Latz asked if the Council wanted to take any steps relative to Phase Two. Mayor Dorfman said the final plan would be coming back to Council and at that time discussion can be held as to whether or not to continue/discontinue the proposed Phase II improvements. 77 REPORTS FROM OFFICERS,BOARDS, COMMITTEES 9a. Selection of soft drink vendors for the Rec Center Councilmember Sanger noted the provision of drink in bottles which she viewed as a major safety hazard in the pool area. She asked if drinks could be provided only in unbreakable containers. Mr. Gears said that would be staff's intent, either in plastic or paper cups dispensed from the concession stands. Containers in the vending machines would be can or plastic. It was moved by Councilmember Jacobs, seconded by Councilmember Young, to accept the proposal from Twin Cities Pepsi-Cola and authorize execution of a contract for a period of five years. The motion passed 7-0. UNFINISHED BUSINESS 10a. Bid tabulation: Watermain replacement and pavement mill/overlay - Projects 96-33 and 96-27 By consent, Council designated Valley Paving as the lowest responsible bidder and authorized execution of a contract in the amount of$191,370.96 NEW BUSINESS lla. Rec Center Renaissance change order It was moved by Councilmember Jacobs, seconded by Councilmember Sanger, to approve the change order with Anchor Fence of Minnesota for$31,000 ($4,000 less than budgeted). The motion passed 7-0. 11b. Friends of the Arts contract Contract specifies the terms of the processing fee to be paid to Friends of the Arts. Mr. Meyer noted that the second paragraph under item 4 should be deleted as it is redundant. Councilmember Sanger asked it the City were prepared to make a contribution of$3,000 in the event the fund-raising efforts are not as successful as hoped. Councilmember Latz felt this amount was not out of line vis-a-vis fund raising efforts he has been involved with. Mr. Meyer said Friends of the Arts had apprised the City of base costs that would incur including IRS reporting regulations and legal costs. It was moved by Councilmember Latz, seconded by Councilmember Brimeyer, to approve and authorize the Mayor and City Manager to execute an agreement with Friends of the Arts. The motion passed 7-0. ,_ 78 MISCELLANEOUS None. CLAIMS,APPROPRIATIONS, CONTRACT PAYMENTS 13a. Verified claims By consent, payment was approved and authorized. 13b. Contract payments Partial - Rec Center Renaissance LeJeune Steel Co; $ 31,046.00 Maertens-Brenny Construction 220,881.22 Anderson Iron Works 2,403.50 George F. Cook Construction 11,963.59 Brent Anderson Assoc 8,763.60 Brent Anderson Assoc • 8,982.11 Empirehouse Inc 26,989.50 Premier Ice Rinks 224,105.00 Gorham-Oien Mechanical 83,600.00 Falcon Fire Protection 38,342.00 Ridgedale Electric 135,375.00 Wanzek Construction 334,248.67 Anchor Fence of MN Inc 44,194.95 By consent, partial payments approved and checks authorized. 14. Communications From the City Manager: Mr. Meyer said notice had been sent to some 2200 people about a railroad meeting to be held on May 6. There was an inadvertent discrepancy in the date and day of the week, so postcards were sent out on Friday. The hearing is scheduled for Tuesday, May 6 at the High School cafeteria. Councilmember Jacobs complimented staff on the Rec Center brochure. 15. Adjournment The meeting adjourned at 8:41 on a motion by Councilmember JJ:cobs, seconded by Councilmember Sanger. Gail Dorfman, Mayor ynthia D. Larsen, Recording Secretary 79 . , -i7 Airweiigcy Ama- v