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Home My WebLink About1978/02/06 - ADMIN - Minutes - City Council - Regularl. 2. 3. MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, r1INNGS01'A I�'ebruary 6, 1978 Call to Order Invocation Roll Call Also present were the City acting Director of Public 4. Approval of Minutes 1978 (2), and January 21, paragraph 7, to indicate Councilman Backes voted i A regular meeting of tl�e City Council was called to order by Mayor Stern at 7:31 p.m. No invocation was given. The following Councilmen were present at roll call: Ronald Backes Rose-Mary Griak Keith Meland Irvin� Martha Elstrom Lyle Hanks Jerrold Martin Stern Manager, City Attorney, Director of Planning, Works and Police Chief. It was mo�ed by Councilman Meland, seconded by Councilman Griak, to approve the minutes of the City Council meetings held January 9, 1978 (2), Jan�iary 16, 1978, amending the minutes of January 16, page 31, Councilman Meland opposed the motion; n favor of the motion. The minutes were approved by a majority vote. 5. Ap roval of Agenda The motion passed 7-0. It was moved by Councilman Griak, by Councilman Elstrom to approve sent agenda for February 6, 1978, addition of Items 8b, 8c and 8f, removal of Items lle and llf. It was moved by Councilman Meland, approve the agenda for February 6, Study Session. The motion passed 7-0. _,� seconded the con- with the and the seconded by Councilman Martin, to 1978, with the addition of lOg, 6a. Excelsior Boulevard PUD ,y City Council minutes, February 6, 1978 PUBLIC HEARINGS First reading of ordinance reclassifying land-use designation in Excelsior Boule- vard area to PUD, as described in Notice of Hearing published January 25, 1978. N.F. Anderson, 3744 Natchez Avenue, asked to have the clefinition of the PUD zoning classification read and if there would be height restrictions in the PUD zoning district. He added that he represents 15 families in the R-2 area and stated the people did not receive notification of the proposed zoning change; he said four of the families were out of town and he would like time to contact them relative to their feelings on the rezoning. Until such time, he requested that the R-2 area be deleted from the proposed plan. He also asked for a meeting with the Ward Councilman to express his views. The Planning Director explained in detail the PUD zoning classification adopted by the Council and contained in the Ordinance Code. He explained the PUD zoning concept with relation to the subject area, and tl�e City's Comprehensive and Urban Renewal Plans. He noted the area currently contains five zoning districts and explained that PUD zoning requires an overall plan which designates certain uses and densities; he said the current 2oning on the south side of Excelsior Boulevard in the limited commercial area permits structures up to six stories; under PUD zoning, a maximum of 35 feet, or three stories, would be allowed. In other portions of the PUD, the height of buildings must be compatible with the uses in the area and would also depend upon the adequacy of the plan. The Planning Director explained the Ordinance Code provisions For notification of property owners of proposed zoning ctianges and stated due to clerical error, several residents in the West 38 Street area had not been mailed notices of the public hearing. R. C. Belew, 4840 40th Lane, £elt the notice of hearing inadequate in that it did not contain a description of PUD zoning nor a map. Mayor Stern explained the purpose of a public hearing is to explain the proposal in detail; he noted that the proposed plan had also been published in the Sun newspaper, and he further•explai�gd the notice Mr. Be1ew received contained a statement that if the public had questions to contact the Planning Department at 920-3U00. It was moved by Councilman Hanks, seconded by Councilman Meland, to continue first reading of the ordinance to February 21, 1978, allowing time for notif ication of affected property owners; to also notify the property owners of an informational meeting to be held P'ebruary 20, 1978. The motion passed 7-0. � Councilman Backes referred to the Excelsior Boulevard relating to its role in the process and suggested it � Committee's requesC also be notified. 6b. West 36 Street PUD There being no closed. City Council m�nutes, February 6, 1978 First reading of ordinance reclassifying land-use designation,nort�ice ofSHearing Street, as described in No published January 25, 1978• one wishing to speak, the Mayor declared the hearing It was moved by Councilman Hanks, seconded by Councilman first reading of the ordinance and set second reading for 1918. The motion passed 7-0. 6�. Amendment to I-2 District There being no closed. Griak, to waive February 21, First reading of Ordinance Code amendment relating to open-sale and rental lots, as described in Notice of Hearing published January 25, 1978• one wishing to speak, the Mayor declared the hearing It was moved by Councilman Griak, seconded by Councilman first reading of the ordinance and set second reading for 1978. The motion passed 7-0. PETITIONS, REQUESTS AND COMMUNICATIONS 7a. Mark Ennenga Meland, to waive February 21, Communication from Mark Ennenga. Mr. Ennenga thanked th for the proper medical during his crisis at the January 16, 1978. meeting. e Mayor and Council attention he received 7b. Notice Notice of Intent to conduct Bingo games by of Intent Holy Family School, 5925 West Lake Street, at 7:30 p.m., March 16, 1978. There being no discussion, the Mayor ordered the Notice to be received for filing. 7c. Liquor License Application Application for on-sale intoxicating liquor license; Phillip and Ben Weber, dha Park Tavern (Block 6, Oak Park Village). � It was moved by Councilman Griak, seconded by Councilman Elstrom, to set public hearing for March 13, 1978. The motion passed 7-0. - 5�- � City Council minutes, February 6, 1978 7d. Liquor License Application Application for on-sale nonintc>xicating liquor license; Marshall Lifson, Cafe Sabra. It was moved by Councilman Griak, seconded by Councilman Elstrom, to set public hearing for February 21, 1978. The motion passed 7-0. 8a. House Moving Permits; Ordinance No. 1400 RESOLUTIONS AND ORDINANCES Second reading of Ordinance Code amendment relating to house moving permits (deferred from January 3 and 16, 1978). Ken Ernst, representing the Minnesota Building Movers Association and Ernst House Movers, reiterated objections to the proposed fees made at past meetings; he stated he had concern that St. Louis Park's requirements could set a precedent with other communities. In response to Councilman Elstrom, the City Manager explained that attached garage which is detached to facilitate the move is still sidered part of the house, requiring one permit; but a garage that separate building is considered a separate move. an con- is a It was moved by Councilman Backes, seconded by Councilman Meland, to waive second reading and adopt the ordinance. The motion failed 3-4 (Councilmen Backes, Mcland �znci l{��Zkti in Cavor) . It was moved by Councilman Martin, seconded Uy CounciJm��n (:ri.ak, to amend the ordinance to require an $80 fee ildin�seexceedinhe750tsquareafee�t. fee for moves out of the City for bu g � The motion passed 5-2 (Councilmen Hanks and Llstrom opposed). Councilman Elstrom was concerned that the ordinance would penalize people owning houses on small lots without attached garages. She moved that the ordinance be amended tio require a$25 fee for accessory buildings not exceeding 750 square feet. There was no second to the motion. It was moved by Councilman Martin, seconded by Councilman Backes, to waive second reading and adopt Ordinance No. 1400, entitled "An ordinance relating to the moving of buildings, amending Sections 13-124 and 15-243(3) of the St. Louis Park Ordinance Code, as amended. The motion passed 5-2 (Counci].men Hanks and El.strom opposed). -s6- Ci�y Council miilutes, February 6, 1978 gb. BassetCs Creek; Resolution No. 5948 Resolution appointing commi5sioners to �3oard of Bassetts Creek Flood Control Commission. Zt was moved by Councilman Griak, b Councilmen Elstrom, to waive reading,and adop�heeBoardlof the Y entitled "Resolutian appointinfi commissioner on Creek Flood Control Commission." The motion passed 7-0. 8c. Alcoholic Bevera�e Tax; Resolution No. 5949 seconded 5948, Bassetts Resolution requesting State legislaCion relaring to alcoholic beverage tax (requested by Councilman Martin). It was moved by Councilman Griak, seconded by Councilman �lstrom, to waive reading and adopt Resolution No. 5949, entitled "Resolution requesting State legislation to enact H.F. 1381 relating to alcoholic beverage tax to support government costs of eniorcing drunk driving law." The motion passed 7-0. 8d. Human Services; Resolution No. 5950 ltesolution supporting West Hennepin Human Services Planning Board and urgin� continu- �tion of funding. It was moved by Councilman Meland, by Councilman Bacices, to waive reading and adopt Resolution No. entitled "Resolution supporting the West Hennepin Human Services Board and urging continuation of f unding by Hennepin County." The motion passed 7-0. 8e. Industrial Revenue Bonds; Resolution No. 5951 seconded 5950, P1ann�nR Resolution authorizing sale and issuance of industrial development revenue bonds; McGarvey Coff ee, Inc. It was moved by Councilman Hanks, seconded by Councilman Griak, to waive reading and adopt Resolution No. 5951, entitled "Resolution authorizing the sale and issuance of indusCrial development revenue bonds under the Minnesota Municipal Industrial Development Act to finance a project thereunder, and desi�nating the City representative for the project." The motion passed 6-1 (Councilman Meland opposed). - S=- � City Council minutes, February 6, 1978 $f. Release of Resolution authorizing release of Securities; securities. Resolution No. 5952 It was moved by Councilman Griak, seconded by Councilman Elstrom, to waive reading and adopt Resolution No. 5952, entitled "Resolution authorizing the release of securities and approval of substituted securities of Citizen's State Bank of St. Louis Park, Minnesota." The motion passed 7-0. REPORTS OF OFFICERS, BOARDS AND COMMITTEES 9a. Superamerica; Speciai permit request of Superamerica, Inc., Resolution No. 5953 to allow a motor fuel station/retail store at 5900 Excelsior Boulevard. George Townsend, Vice President of Operations for Superamerica, S West Broadway, St. Paul Park, stated he agreed to the six conditions contained in the resolution. He provided the following information about the proposed facility: There would be an on-site manager; 12 to 16 persons would be employed; there will be a profit-sharing plan which causes employees to try to be responsible to neighbors and customers; he described the decor, lighting and stock; proposed hours would be 6 a.m. to midnight; an underground sprinkler system would be installed; the store could profit by existing traffic. A.C. 0'Connor, 3965 be generated by the parking in front of driveway. Zarthan Avenue, asked the amount facility and was concerned that his property making it difficult of taxes customers to exi t that would would be from his Mayor Stern stated approximately $16,000 in tax revenues would be generated from the development. Mark Ennenga suggested the Council should consider the independent gas stations which �re losing business to cut-rate enrerprises such as Superamerica. He felt citizens wi11 have difficulty getting their automobiles repaired if all f ull service stations �o out of bt�siness. Mayor Stern explained the Council has no jurisdiction in this area. Sn response to Councilman Grialc, the Planning Director immediate area contains three f ull-service stations an facilities. explained the two gas-and-oil In response to Councilman Hanks, the Planning Director stated the plan contains 19 parking spaces. Councilman Hanks noted that parking is not allowed on Zarthan Avenue, and customers would be required to use the parking provided in the Superamerica lot. -58- City Council minuCes, February 6, 1978 lained the property con�ains Jim Thompson, architect for Supe�americavehicles. adequate space for maneuvering delivery It was moved by Councilman Backes, amend the resolution by adding the shall be limited to between 6 a.m. shall be from the interior of the with f uture plans f or a median on Zarthan Avenue. seconded by Councilman Martin, to following conditions: operating hours and midnight; access to restrooms building only; the applicant concurs Excelsior Boulevard with access at The motion passed 6-1 (Councj.l.man Griak opposed). It was moved by Councilman Meland, seconded by Councilman Backes, to waive reading and adopt Resolution No. 5953, entitled "A resolution granting permit under Section 14-156(15) of the St. Louis Park Ordinance Code relating to zoning to permit a motor fuel sCation/retail store for property located in the B-2 District at 5900 Excelsior Boulevard," as amended. The motion passed 6-1 (Councilman Griak opposed). 9b. Minnehaha Creek Minnehaha Creek improvement projects; seven (M.&.C. No. 78-OS). Councilman Meland cited concerns of the Wilders, 3208 Hillsboro Avenue, relating to the proposed project at the Oxbow area: The danger of fire if cooking is allowed on the site; access for emergency vehicles; maintenance. He also questioned the revised location proposed for the Brookview landing. The acting Director of Public Works explained that the City has obtained land next to the Creekside Apartments which will be used as a low-key launching area. He added it is proposed to space landings within the City one-half to one-quarter miles apart. In response to Councilman Hanks, David Cochran, President of Minnehaha Creek Watershed District, stated that resistance at hearing by residents in the Edina Meadowbrook Marsh area was for the City of Edina's request for deletion of improvements portion of the marsh in that city. He added no encroachment marsh is proposed. the an earlier responsible to the into the Mr. Cochran stated the Oxbow project would be a rest area for canoeists and used for neighborhood access; the proposed culvert installation would improve water flow into the pond. With respect to cooking on the site, access for emergency vehicles and maintenance, he explained these items would be controled by the municipality,which gives f inal approval to all plans. In response to Councilman Meland, Mr. Cochran stated at County Road 18 and Minnehaha Creek was relocated take advantage of the existing parkin� lot. the Proposed landing toward Knollwood to r � � City Council mi�tes, r'ebruary 6, 1978 Councilmen Griak and Elstrom suggested further consideration should be given to a landing at County Road 18. Mr. Wilder, 3208 Hillsboro Avenue, reiterated concerns expressed by Councilman Meland; he stated the majority of the residents of the Oxbow area are opposed to an installation at this site. It was moved by Councilman Meland, seconded by Councilman Hanks, approve the six improvement projects outlined in M.&C. No. 78-OS, deleting the Oxbow project with the exception of the culverts and requesting consideration be given to a landing at County Road 18 Minnehaha Creek. The motion passed 7-0. 9c. Town's Edge Ford Proposed Town�s Edge Ford dealership; preliminary p1an. to . .] The Planning Director explained that although in the preliminary stage, any significant comments of the Council would be taken into account prior to more definitive plan preparation. He exhibited a schematic plan containing two buildings, one for sale and display of new vehicles and the other for service and repair. He noted the PUD requirements of the Ordinance are being used to determine setbacks and he explained the parking requirements. 9d. Health Advisory Committee Health Advisory Committee / state legislation; minutes of Committee meetings held January 10 and 24, 1978. It was moved by Councilman Griak, seconded by Councilman Elstrom, to author3ze submittal of a leCter to the City's legislative representatives expressing the Health Advisory-Committee's concern relative to pending legislation regarding cammuu�ty health services. The motion passed 7-0. There being no discussion, received for filing. 9e. Planning Commission the minutes were ordered by the Mayor to be Minutes of Planning Commission meeting held January 18, 1978. There being no discussion, the minutes were ordered by the Mayor to be received for filing. 9f. Community Minutes of Community Relations Commission Relations Commission meeting held January 12, 1978. There being no discussion, the minutes were ordered by the Mayor to be received for filing. �,� City Council minutes, February 6, 1978 Westwood Hills Minutes of WesinO°heid�Januarysl7y 197$. 9g' Committee meet g Advisory Committee There being no discussion, the minutes were ordered by the Mayor to be received for f iling. 9h. Housin Authority Minutes of Housing and Redevelopment Authority meeting held January 10, 1978. There being no discussion, the minutes were ordered by the Mayor to be received for filing. 9i. Human Rights Commission Minutes.of the Human Rights Commission meeting held January 18, 1978. There being no discussion, the minutes were ordered by the Mayor to be received for filing. 9j . December Financial Report 9k, Special �lection Monthly financial report, December 1977. There being no discussion, the Mayor ordered the report to be received for filing. Special election procedure; report from City At�torney. The City Attorney noted that while Section 4.04 of the City Charter permits the calling of special elections by resolution, the adoption of an ordinance would be more advantageous in that other City election procedures are defined in the Ordinance Code. He explained the draft ordinance presented to the Council was patterned after State statutes, and several language changes would be incorporated, should the Council select this approach. Peter Reilly, counsel for Ethel Graves, spoke in favor of the ordinance approach and requested that Section 4-205 contain a specific time for calling a special election, in that this particular case involves the continuation of the November election. He felt the election should be called as soon as possible. Councilman Griak stated the City cannot assume the same candidates will run for office as in the previous election. She suggested candidates will need an opportunity to make themselves known to the electorate. She added the ordinance must take into account all possible ramifications and not just the present situation. Councilman Martin noted that as proposed, 35 days exist from the date of published notice to the election itself and suggested this is adequate time for candidates to become known. After further discussion, it was moved by Councilman Hanks seconded bY Councilman Martin, to waive first reading of the ordinance�and set sec�nd reading for February 21, 1978. City Council minutes, February 6, 1978 Counc ilman Backes asked Mr. Reilly to appreciate that some of the more in-depth points relating to elections should be handled by the Charter Commission. The motion was amended to designate February 13, 1978, for second reading of the ordinance. The motion passed 6-0 (Councilman Meland absent). Ethel Graves, 3600 Quebec Avenue, stated she understood the Council's concern that all potential candidates have adequate time to campaign but called the Council's attention to the first page of the City Attorney memorandum stating that the special election would be a completion of the November election. She requested the State statute requirement of an election within 28 days be incorporated into Section 4-205 of the proposed ordinance. gL, Louisiana Avenue Bridge Louisiana Avenue bridge over Burlington Northern Railroad tracks; preliminary engineering report and preliminary design report prepared by consultant. The acting Director of Public Works exPlained the bridge replacement scheduled in the City's 1978 Capital Improvement Program due to its being substandard in width and due to increased deterioration caused a f ire in 1971. He explained the State bridge bonding program. He d b the consultant which contained six is by reviewed the report prepare y alternatives for Council consideration. He discussed construction under traffic, deemed necessary to a11ow emergency vehicle access during . construction. The acting Public Works Director described Alternative "C" Moesteddthe recommended by staff, which did"+�ot include.:a median and sugg additional cost woul.d not j�1�i�Y itg incl�us'�on. He explained the alternative p rovides f or four lanes, a separation of vehicle and pede- strian traffic and a six-foot sidewalk on eaed todmatclltthetnewf widthnes. He added the approaches would be reconstruct durin construction one �ane of traffic wouldWould�beofunded byx and g roximately $550,000 times. Ne continued that app e brid e replacement monies; the remaining $300,000 to be paid Stat g He noted the City has $750,000 in with City or State Ai.d funds. mulated State Aid funds, although if the exrension of Louisiana accu He added is commenced, the City's State Aid account would b� deplef�ll, 1978, with that upon State approval, construction could commence by completion in six months. The City Manager explained funding for and if the City did not obtain apProval will be depleted. bridge rep.lacement is not on-going, in the near future, the funds City Council minutes, February 6, 1978 consultant, srated Robert McFarlin, deteriora�ion Uuti �loSpaeSroximarelY proposed elevation i pp Che construction materials wi11 noC there is of bridge Che same b urn . an acceleration in bridge collapse. He added the as existing elevation; and It was moved by Councilman Hanks, seconded by approve Che preliminary engineering report and of plans and speciFications and advertisement "C" Modif ied. Councilman Martin, to authorize preparation for bids for Alternative The motion passed 6-0 (Councilman Meland absent). 10a. Boards and Commissions UNFINISHED 13USINESS Appointments commissions. to City advisory boards and Councilman Bacices requested that interviews for the Human Rights Commission be scheduled for February 21, prior to the Council meeting. Councilman Hanks referred to the resignation of three licensed health professionals from the Health Advisory Committee; he directed staff to contact Dr. Frederic Stone and other qualified persons for appointment to the Committee for Council consideration February 21, 1978. Councilman Meland suggested that staff contact Sheila Bjorklund. lOb. WDK Liquor License; Resolution No. 5954 Application for liquor license renewal; WDK Enterprises, Inc., dba Renaissance. Alley Christy, c�unsel for WDK, submitted a letter dated February 3, 1978, outlining tentative changes in the equity and debt structure of the corporation; he said United National Corporation agreed to execute its proposed $25,000 guarantee with the proposed new shareholders. Gregg Zafft, 3380 Louisiana Avenue, proposed sharehol.dcr, st.�trd l�c is employed as chef at the establishment, has experience i.n t}ic� f o�cl business and has managerial skills . He sai d f r. �m tl�E� f ��d ��;pect , the restaurant is an asset to the shopPinR cent�r, hut f-��d would not support the restaurant without lic�uor. John Wanecke, 12116 Joanne Lane, Minnetonka, proposed shareholder stated he loaned Mr. Kislin ' g$5,000 to keep the doors open. He gave a brief history of schools he attended. He said he manages his father's business, IVO Company, which had a debt of $90,000 which he reduced in two years to $2,000. He said he played in and booked bands in the area; his responsibility in the b�siness would be the entertainment. He added he has been employed by WDK for approximately four weeks in which time he set up advertisements and flyers for the establishment• with ttte advertising, he indicated business had increased 10 to 15 percent. City Council minutes, February 6, 1978 Mr. Wanecke fUrther stated he planned to contribute $20,000 in cash to the business over the next few months through various resources he has. He also staCed the establishment has executed band contracts amounting to $30,000. Scott Lidstone, 9435 West 14 Street, stated he had been affiliated with WDK since May S, 1977, and had devoted many hours to the establishment. He noted two of the owners departed and left Mr. Kisling on his own. He said Mr. Kisling has more integrity than any person he had ever met and he exp lained the establishment is very close to making a profit and it would be unfortunate to deny renewal of its liquor license. Mr. Christy referred to page 5 of the police report: Item 1)- He explained a large degree of the problems began to occur when the question of the liquor license was unresolved, and the First Western Bank indicates interest in resuming business once the liquor license issue is resolved. Ttem 4) - He explained a new understanding exists with NSP for continued service. Item 5) - Minnegasco (same as Item 4). Items 6) and 7) - He explained this problem has been resolved with the inf lux of f unds . Councilman Meland read the police report, Page 1, paragraph 2, and Page 2, paragraphs 2 and 3, and asked the applicant if the statements that a partnership had existed, which was not reported to the Council during initial license application, were correct and if the partnership had continued to exist with Mr. Chwialkowski until Mr. Kisling repaid him certain sums of money. Mr. Christy stated had had no evidence this was correct. Mr. Kisling indicated the statements on Page 1, paragraph 2, of the police report were correct. With respect to Page 2, he said the only arrangement he had with Mr. Chwialkowski was that he would be manager and employee and eventually a partnership could be arranged; discussions were held regarding the worth of the business in several years, etc. He added the reason he gave Mr. Chwialkowski documentation of partner- ship was due to Mr. Chwialkowski's mistrust of his (Kisling's) future plans. In response to Councilman Meland, Mr. Kisling stated it was correct that he had received f inancing fron Ms�aDedahis attorneyseandtMrhiAgarlhadon- ship with Mr. Agar, Mr. Kisli g brought to his attention that Mr. Agar could not sustain a liquor license investigation; therefore, Mr. Agar was informed by Mr. Kisling they could not be in business together; Mr. Agar agreed to serve as manager. Mr. Kisling stated the total amoun�epW�ittenMtoSMr. Duray�koHeksaidd Duray was $7,500 and all checks we the money was paid to them at their request. He said he had sold a business and was in a position to pay them; he said upon returning from Florida one month laCer, Messrs. Chwialkowslci and Duray visited him at his apartment and extorted an additional $1�e00hano$1h500. HHeSaddedhthat hit him and he felt his health was worth mo -��- _ - - _ - �� _._. �._. __ -; : . � '� ` City Council minutes, February 6, 1978 one of them held him in his aparCment while the o�her went to the bank and cashed the check. Mr. Christy stated that Messrs. Carlson and Oswald had executed documents to transfer the stock of the corporation. Councilman Meland noted the only question before the Council is the renewal of the liquor license. He added that based on the police report and the comments from Mr. Kisling, no basis exists for license renewal. He referr�d to misstatements of fact, questions of f inancing, etc., while the license was pending. He also noted that $6,500 in real estate taxes have not been paid and $12,000 is owed to f ederal and state governments for monies not escrowed. After a brief recess, Robert Benjamin, 3017 Nevada Avenue, favor of.license renewal and reiterated statements made by that opinion. He asked the Council to consider the human that many people will become unemployed and suff er. spoke in others of factor, in Mayor Stern noted the many hours spent by staff and Council on the item and suggested this evidences Council consideration of the human f actor . It was moved by Councilman Meland, seconded by Councilman Griak, to waive reading and adopt Resolution No. 5954, entitled "Resolution denying renewal of on-sale liquor license, WDK Enterprises, Inc., dba Renaissance." � The motion passed 7-0. 1Qc. Capital Improvement Program; Resolution Na. 5955 Capital Improvement final approval. Program 1978-1982; It was moved by Councilman Griak seconded by Counczlman Martin, to waive reading and adopt Resolution No. 5955, entitled "Resolution approving Capital Improvement Program I978-1982. The motion passed 7-0, lOd. Assessment Credit Assessment credit; Park Center Addition (M. & C. No. 78-06), It was moved by by Councilman Elstrom, to approve Conclusions City Attorney's memorandum dated February 3, on the motion. Councilman Griak, seconded 4 and 5 contained in the 1978. There was no vote It was moved by Councilman Hanks, seconded by Councilman Ba the item to February 13, 1978, ckes, to defer The motion passed 7-p, - 6� a � . _ -.— - .� � � -= — - '-� City Cauncil minutes, February 6, �978 10e. Office Office location for Mayor; preliminary for Mayor report. It was moved by Councilman Hanks, seconded by Gouncilman Griak, to tabl.e the item. The motion passed 4-Z (Councilman Martin and Mayor Stern opposed; Councilman Meland absent). Mayor Stern requested Council consideration of the item during ite study sess3.on on February 13, 1978. lOf . Hi�hway 100/ West 3G Street Hig��way 100/West 36 Street interchange; selection of con:3ult��nt (M. & C. No. 78-07). Councilman Martin dieagreed with Interview CriCeria No. 1; he c[id not feel it fafr to rank firms on ttie fact t}�at they had past �rojects wit}iin tt�e City. Councilman Hanks stated that in the past, staff and Council had interviewed prospective consultants. Councilmen Backes and Meland did not feel the Council should become involved in interview sessions. Councilman Meland stated Bather,Ringrose Wolsfeld Jarvis Gardner, Inc., ($RW) is highly respected throughout the metropolitan area with respect to highway design. William Crawford, State Highway Department, said the State is satisfied with the staff recommendation designating BRW as design consultant. It was moved by Council.man Meland, seconded by Councilman }3ackes, to authorize a cooperative agr�ement wi�h Mn/DOT outlining financing deCails for the project; and to designate 131tW as design consultant and authorize executian of contract for preparation of the project design report . The motion passed 7-0. lOg. 5tudy Council study session; FeUruary 13, 1978. Session Councilman 1{<�nl�s l�ok �ssue with Mayor Stern' b directive chan�in�; the agreed-upon location of the Council study session f.rom an off-site location to City Ha11. He added he would be happy �o meet at City Ha11. if an off-site location would make those citizens wishing t°unitendoumakefthisbtype�decision�he entire Council should have the opport y Mayor Stern expl.ained he t�ad received�ortaneoffnsitelstudymsessioneandf the media who questioned tt�e reasons in the interest v� good public relatians, declded the meeting should be held at cir.y H�11. He felt the Charter cuntatned provisions allowing the Mayor tio give directives in some instances; he s�id the Council has a right to reverse his decisions. -6�- l�a. llb. llc. City Council minutes, February 6, 1978 The Council discussed the Charter, whether the agenda had been published for the study session, and the fact thati a study session is for in- depth review of items and not for definitive action. It was moved by Councilman Hanks, seconded by Councilman Meland, to hold tite rebruary 13, 1978, study session at City Hall as su�gested by the Mayor. The motion passed 4-3 (Councilmen Griak, Traffic Srudy; Resolution No. 5956 N�W BUSINESS Elstrom and Martin opposed). Traffic Study No. 166; intersections of Webster Avenue with West 36 and 35% Streets. It was moved by Councilman Hanks, seconded by Councilman Martin, to waive reading and adopt Resolution No. 5956, entitled "Resolution authorizing placement of signs for traffic control at intersection of West 352 Street and Webster Avenue." Councilman Elstrom stated she would prefer that Webster Avenue become a one-way street to the north. The motion passed 6-1 (Councilman Elstrom opposed). Bid Tabulation Tabulation of bids; nine lift stations. electrical work on It was moved by Councilman Griak, by Councilman Elstrom, to designate Mike Paul Electric Company lowest responsible bidder and authorize execution of contract i amount of $5,130. The motion passed 7-0. Bid Tabulation seconded the n the Tabulation of bids; deep Well Nos. 11 and 15. It was moved by Councilman'Griak, seconded by Councilman Elstrom, to designate Bergerson Caswell Inc. the lowest responsible bidder and authorize execution of contract in the amount of $51,450. The motion passed 7-0. lld. Bid Tabulation Tabulation of bids; offset press. Referring to staff's recommendaCion, the City Manager stated that upon additional investigation it appeared staff could now recommend Itek Graphic Products. He explained the machine used at City Hall must be reliable and parts must be readily available, thus staff's initial concern. -62- City Council minutes, February 6, 1978 Councilman �Istrom stated tler employer menti�ned concerns relating to servicing and tl�e availability of parts for the Itek product; she said A.B. Dick has beGter servicing. Councilman Meland said the new models of the Itek machine are employer has purchased two at different times in the past two would not have purchased the second machine had the first not satisfactorily. reliable and years, and performed It was moved by Councilman Meland, seconded by Councilman Backes, to designate Itek Graphic Products lowest responsible bidder. Councilman Elstrom felt further investigation should be conducted prior to makin� a decision. It was moved by Councilman Meland, seconded by Councilman Backes, to defer the item to February 21, 1978. Councilman Martin suggested the majority of service problems stem from firms initially establishing themselves in an area and felt the Itek company had overcome this problem. The motion to clefer passed 6-1 (Mayor Stern opposed). 11e. Playground Program City playground program; 1978. Councilman Hanks reminded the Council that upon decreasing the�recreation budget, staff had been instructed to supply the Council with s��ecific dollar figures on implementin� the Council's suggestions tor continuing the recreation program without hiring additional personnel, on a decrease in hours, and/or elimination of parks from the program. �ie asked if the fees were to be increased; also if the position of play�round leader had been expanded to include other duties. He noted tl�e Council must respond to citizens and therefore must be cognizanC of all changes affecting the citizenry. It was moved by Councilman t{anks, seconded b� Councilman Meland, to instruct staff to �.rovide the information referred to above. Councilman Backes felt all available input should to policy decisions of this Cype and sug�ested it involve the Parks and Recreation Commission. be obtained relating may be appropriate to Councilman Griak felt poll.cy decisions are the responsibility of She noted also that the CiCy will be hiring persons soon for the programs. The motion passed 7-0. � 68- his the Council. summer �> , _ �.. . -..._:Y 11f. I2a. City Council CO Surv� minutes, rebruary 6, 1978 Carbon monoxide survey in underground garages (requested by Mayor). It was noted surveys of apartment underground garages have been conducted by the City in the past. There being no discussion, the Mayor ordered the report to be received �or filing. Damage Claims MISCELLANEOUS Marvin I'rieman, 5725 West 25% Street Gary Lee Ruan, 9260 Green Briar Road It was moved by Councilman Meland, seconded by Councilman Backes, to file claims with the City Clerk for proper action by the City Manager and City Attorney. The motion passed 7-0. 12b. Communications 1, Mayor Stern suggested the West from Mayor Suburban Chamber of Commerce request foz City participation in a suggested tri- City film be discussed at the February 13, 1978, study session. He also announced the Ethics Committee will submit its proposed Code of Ethics at that time. Z. The Mayor stated that staff is analyzing the Man in Washington Program. 3. The Council discussed complaints being received due to the closing of the City's warming houses. The City Manager suggested the Council may wish to address this matter during budget review. 12c. Communications from City Manager l. The City Manager stated a voting system demonstration could be held any Saturday. The Council agreed to include the demonstration at its March 27, 1978, study session. 2. It was moved by Councilman Hanks, seconded by Councilman Martin, to reschedule the March 6 Council meeting for March 13, 1978. The motion passed 7-0. 3. The City Manager announced that in accordance with the Ordinance Code, Retirement, it was his intent to extend the employment of Leone Anderson be d yon the retirement age of 65. The Council concurred in this decision. -69- J � I � City Council minutes, February 6, 1978 CLAI.I�I5 , APPROPRIA'TIONS AND CONTRACT PAYMENTS 13s. Verified Claims Febr�ary 6, 1978, in the $12,723.81 for payroll, and City Treasurer were by a vote of 7-0. 13b. Coittract Payments; Resolution No. 5957 wiring transmititers and payment and acceptance The motion passed 7-0. 1. Final Payment, John Contract No. 1191. Upon motion by Coui�cilman Hanks, seconded by Councilman Meland, the list of verified claims prepared by the Director of Finance and directed to the City Council, dated total amounts of $264,103.99 for vendors and were approved, and the City Manager, City C1erk authorized to issue checks in the same amount It was moved by Cour�ilman Meland, seconded by Coun.�ilman Backes, to waive reading and adopt Res�lution No. 5957, entitled "Resolution accepting work on alarms - sewer lift stations," authorizing of work on the following con�ract payment: Ess and Amo un t : Sons, Inc., sewer $1,340. ift stations, Upon motion by Councilman Meland, seconded by Councilman Martin, the following payments on contract work presented by the Director of Public Works (acting) were approved and the City Manager, City Clerk and City Treasurer were authori�zed to issue checks for their respective amounts by a vote of 7-0. 2. Partial Payment, Killmer Electric Co., Cedar Knoll Park lighting,✓ Project No. 77-62. Amount: $7,020. 3. Partial Payment, Killmer Electric Co., Cedar Knoll Park lighting „� Project No. 77-62• Amount: $6,750. 14. Adjournment Attest: Severly F Recording anagan Secretary On motion of by�ouncilman ad ourned at Irvi g M. Mayo ,; Councilman Meland, seconded �ls�rom, the meeting was 12:20 a.m. by a 7-0 vote. <----- . -- Stern